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Home My WebLink AboutC-3191 - Corona del Mar Water Main and Alley Replacements 1997/98July 12,1999 CI-It OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Gillespie Construction 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Subject: Corona del Mar Water Main & Alley Replacements FY 1997 -98 (C -3191) To Whom It May Concern: On May 24, 1999, 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 had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on June 7, 1999, Reference No. 19990418840. The Surety for the contract is United Pacific Insurance Company, and the bond number is U2802471. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach • I� PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 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 BI% to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Corona Del Mar Water Main and Alley Replacements — FY 1997 -98 (Alley Nos. 13F, 14, 22D, 23C, 31A, 31B, 30A, 30B, 29A, 29B, 39B, 44F, 440 & 44H), Contract No. 3191 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 form 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 15th day of MAY . 19 98 . 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 (818) 240 -6960 Telephone • • B' _'g; lure MICHAEL D. STONG ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) STATE OF CALIFORNIA SS. COUNTY OF % RIVVEERSIDE On �/1� I , before me, ROSEMARY STANDLEY PERSONALLY APPEARED 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 Tim COMM. #1090462 6 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. E)*@s Jar 7.2000 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 - ALL - PURPOSE ACKNOWLEDGEMENT RELIANCE SURETY COMPANY 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 Delaware, 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 Attomey(s) in -Fad, 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 PrnMmt, the ommwo of be Baud, my sceim vie Prmidmt, .,Vim Prtddeol w Astianat vice Premb ar w odue olfxar dmipaeel by the Bard of Dirtemn slWi have poorer Bad a simian as (y appoint Amemy(s)-imFct and so edlnrba than m mtecme m behalf of the Cunpaoy, Imsds and ur d,nalm4s, «sopinnrcs, ooatncu of indemnity and other writing dditimey in de same thereof, and (b) m resume my such A mmcy(,)-m -Pon a any, cast and retake the power and authority Vva to IMm. 3. AtmervAs}in -Fact then Moe power ant autferity, subject to the mss and limimdau of the Poertr of Ancestry lamed to them, to execom and deliver on behalf of the Company, binds aad undemtinp, raagnisarco, muacti of immmity and other writing oblipmry in de a mre thereof. The aMome cal is cot ecommnr for de, validty of my bench and andendanp re opuses, contracts of indemnity, and odor wridnp abliptory le the nature t eseof. 3. Atmmey(s}in -Pecs dWl Mve prover and ertMrity m eucue afBdaviu rt@rited m be nracleE m Eooda, • —^l_m. conoxu of indemnity or m r co"dooal w oblipmry undermLap and &cy shall also have power and mthwity to artily the lumocul summmt of the Company and to spin of the ay -Leon of the Compmy or my article or section thereof. This Power of Attorney is slped and »led by facsimile under Bed by authority of rite follommig resed.d. adopeed by the Exasodve tied Finance Committees of de Boards of Directors of Reliame Inmrame Company, United Pacific Insurance Company ant Recluse National [stationary Cempmy by Unanimous; Consent dated as of February U. 1990 and by We U=dw and Financial Committee of the Bond of Directors of Reliance Surety Cmmpany, by Umaimms Cmsmt laud m of Marels 31, 1990. 'Rmohed that the sipaurts of such direem s tid officers and the seal of the Company may be affixed to my such Power of Attorney or my certificates relatin me.. by f saimile, and my such Power of Amrrcy, or cemfiwe baain6 m la famiraile sipumrm or (simile see sMli be valid ant Nedey upon the Cwnpny and my such Power so ercatM ant wdfied by fcemile vpumres and fawmde mal dW l be valid and MrsIall upon the Compaty in the fm. with respect as my bind or utrMruhioB m which it is a is eel.' IN WITNESS WHEREOF, the Companies have mused these presents to be signed and their corporate seals to be hereto affixed, this August 21, 1997. t," saw�w� '�c m.uw� Pal �hna. a" PP A c �� P �.. 0 PO 4 u o'm : � e" � vo4'm s � BS�ms c SEAL SEAL � 419s9� i are8gltc'' ',q'az?` a��eDOfi�n STATE OF Washington ) COUNTY OF King ) ss. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY i � MA - KAM On this, August 21, 1997, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, 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. In witness whereof, I hereunto set my hand and official seal. k3bi9111 NMry Public in and for the State of Washington IN Residing at Puyallup I, Robyn Laying, 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 We 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 19 T oopaoar, rs�~ �saPyoq�!„ °�o�d' . e J ® t iT ayPP 'fi i 1959 0 Assistant Secretary ` 4 a• �w,,.o ?,Ma r.J b • b`sa California All- Purpose Certifi of Acknowledgment • 0 1997 ESI Edumional Seminars, Inc. Reproduction Prohibited Reorder Call 1- 800.303 -5123 State of California County of OrC)rL r On this the 2(5+- day of 19 q8 , before me, (I T Awl , Name of Notary Public 110 a Notary Public for the State of California, personally appeared 4cl netf_ Name(s) of Signers(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 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. JANET L. RUSSELL Comm. /1166123 N NOTARY KKIC-CALFORNIA Crop cienty 1 Come. Ex aka Da. 11, 1001 Notary's Signa[u Seal OPTIONAL INFORMATION The information below is optional. Hmvever, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL 'd e n/U ErCORPORATE OFFICER 1/ �peof/lt Title or Type of Document LTitle(s) Yet ❑ PARTNER(S) ' ❑ ATTORNEY -IN -FACT [] TRUSTEE(S) Number afPages ❑ GUARDIANICONSERVATOR �j O ❑ OTHER: y4rw l!- I'm t r ([ 7 / ate of Document ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: Other Name of Person(s) 0 1997 ESI Edumional Seminars, Inc. Reproduction Prohibited Reorder Call 1- 800.303 -5123 0 EXECUTED *OUR COUNTERPARTS PAGE 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS - FY 1997 -98 (ALLEY NOS 13F 14 220 23C 31A 316 30A 308 29A 296 398 44F. 44G & 44H) CONTRACT NO. 3191 BOND NO. U2802471 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California. by motion adopted, has awarded to Gillespie Construction, Inc _hereinafter designated as the "Principal;" a contract for Corona Del Mar Water Main and Alley Replacements - FY 1997- 98 (Alley Nos. 13F, 14, 22D, 23C, 31A, 31 B. 30A, 308. 29A, 296, 398, 44F, 44G & 44H), Contract No. 3191 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. 3191 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, 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 Na��hI�� pin the sum of SEVEN HUNDRED NINETY -ONE THOUSAND FOUR HUNDRED "89 ars la) 75 /100 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 find, 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. STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On 41 J (011 0 , 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. Signature ROSEMARY STANDLEY OPTIONAL ROSEMARY S TAN DLEY E i COIL1M. #1090462 NOTARY PUBLIC •CALIFORNIA ad • RIVERSIDE COUNTY , ' MY CWM E>mires AM 7, 2000 -. 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 ENTITYQES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 70.081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT PAGE 16 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 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 16th day of JUNE 1998 . r GILLESPIE CONSTRUCTION, INC. Name of Contractor (Principal) Authoriz �gnaturefiitle T�2t'1 C ITJte UNITED PACIFIC INSURANCE COMPANY Name of Surety 700 N. BRAND BLVD., STE 1250 Address of Surety GLENDALE, CA 91203 (818) 240 -6960 Telephone A orized Agent Signature SUSAN C. MONTEON Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED -s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EXECUTLOIN FOUR COUNTERPARTS PAGE 17 CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS - FY 1997.98 (ALLEY NOS. 13F. 14, 22D. 23C 31A. 318 30A 308 29A 296 398 44F 44G & 44H) CONTRACT NO. 3191 BOND NO. U2802471 PREMIUM: $11,414.00 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 11, 14 1. 00 being at the rate of $ 25.00/15-00/10-00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Gillespie Construction, Inc. hereinafter designated as the "Principal ", a contract for Corona Del Mar Water Main and Alley Replacements — FY 1997- 98 (Alley Nos. 13F, 14, 22D, 23C, 31A, 31 B, 30A, 308, 29A, 298, 39B, 44F, 44G & 44H), Contract No. 3191 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. 3191 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 , duty authorized to transact business under the laws of the State of California as Surety (hereinafter 'Surety'), are held and firmly bound uuntto� lh City of Newport Beach, in the sum of SEVEN HUNDRED NINETY -ONE THOUS Tars FOUR HUNDRED ($791,418.75) lawful money of the United States of America, said sum being equal to EIGHTEEN 75/100 100% 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 shalt become null and void. STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On I /I b/9d , 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 OPTIONAL WM Ole ROSEMARY STANDLEY COMM. #1090462 NOTARY PUBLIC - CALIFORNIA DD Mr CRIVERSIDE COUNTY antu. E)OMS Jun 7.2000 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 nn.E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Z ATTORN EY -I N -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(tES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10-Ml Rcv.6 /94 ALL - PURPOSE ACKNOWLEDGEMENT As a part of the obligatio n specified in this Performance B expenses and fees, including yeas event the City is required to bring obligations of this Bond. 0 PAGE 18 secured hereby, and in addition to the face amount ond, there shall be included costs and reasonable onable attorneys fees, incurred by the City, only in the an action in law or equity against Surety to enforce the 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 speacations 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. 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 16 eh day of GILLESPIE CONSTRUCTION, INC. Name of Contractor (Principal) UNITED PACIFIC INSURANCE COMPANY Name of Surety 700 N. BRAND BLVD., STE 1250 Address of Surety (818) 240 -6960 Telephone Sri= - • Authorized Agent Signature SUSAN C. MONTEON Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED RELIANCE SURETY COMPANY RELIANCE 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. Morrteron, of Riverside, Cal forma their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and BE 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: AIRICLE Va - EXECUTION OF BONDS ANTI UNDERTAKINGS 1. The Board of Directors, the Prewdeny the ChWman of the Board wry Senior Vice Resident, any Yxa PretlMt w Aewtnt VIN Resident or other officer designated by that Board of Directors shall hate power and auMwhy to W appoint Attwmyh HnFSct and W authorize them to eserrle on behall of the Co rpiry, bonds and snlrrtatirgs, raNBNZarces, contracts of indemnity and other writings obigatory in t1r nature thrsof. and lb) to ra irwe my each Auorrrr fsj nFacr at any time and ra roks the power and Mhoriry give to germ. 2. AttarruyW- inFact shag here power and authority, srtfect to tha terms and anitstiru M the Power of Attomey iesW to them, to axewte deliver on behalf of the Comperry, bonds and undwtakings, recognrsarces, contracts of indemnity, and other wridryp obligatory in the rotes mwof. The corporate seal is not necessary far the vechy of arty bards and wldrMatrhps. reapgnai ces, Nrnrxh of indennty and other writings obligatory in the ruts, thereat. 3. Attarnsylat +nFact area have power and who ity to oxecuts ofndavtts rnuired to be attached to bards, racogniiames, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Colnpamy and to copies W the ay -Lava of the Crnpny or any rrich, or section threat. This Power of Attonnsy is signed wd sealed by hcsimile under and by auBCrity of the following reedudm adopted by the Exectraye and! Finance Committees of the Boards of Directors or Rsaenc, Inewanee Company, United PadBc Imurai Company and Reliance National indemnity C=Wy by Unanknous Consent domed as of February 28, 1994 and by the Exectnive and Financial Co nmitteo of the Board of Directors of Regance S,esty Canary by Wo imous Consent dined n of March 31, 1994. 'Resolved that tha signorinas of win duectws cod officers end the seal of the Compny may be affixed to any such Power of Attains, w any crdficates relating thereto bar fawimie.and airy such Power of Attorney or certificate boring suefh faNimila algnrsn at faeslmae sal shelf be used and binding upon the Company and wry, rrJt Power so executed and certified by facsimile danownes and fecomile weal area M valid and binding upon the cwnpany, in the form with respect to any bond or wdrbkirp to which H 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. alt, i anise able M� Y STATE OF Washington ) COUNTY OF King ) ins. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY 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. In witness whereof, 1 hereunto set my hand and official seal. NotA Public in and for the State of Washi ton Residing at Puyallup I, Robyn Laying, 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 tug force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ML day of 19 / we �l Assistant Secretary THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW California All- Purpose Certifi State of California County of Ornn of Acknowledgment On this the jt day of 108 , before me, � L{i± /_ , �/ , Name of Notary Public a Notary Public for the State of California, personally appeared ::[ Y l� D . I12KS0i'2J Name(s) of Signers(s) r— 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 helshe /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. J=tP61U:1VL SELL N 113 N NOTFOIt �,My f21, 200t Notary's Sign ure Seal OPTIONAL INFORMATION The information below is optional. However. it may prove valuable and could prevem fraudulent attachment of this farm to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ J.NDIVIDUAL PPT�f11�fr)'cAno17 Er l%�Q � CO ORATE OFFICER t /Jr�� Id r// L Title or Type of Document r r �-t Title(s) PARTNERS) ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: 2 Number of Pages W - /Cp - /U Date of Document Other Name of Person(s) ■ C 1997 ESI Educational Seminars, Inc. Reproduction Pmhibited Reorder: Call 1- 800 -303 -5123 Mease of Stop Notice 0 C-�Igl '99 .JUN 28 P3:13 TO: CITY OF Nc?WPORT rtEAC`.i Construction Lender orppony with whom StopNotica»ns//t''l d r - iNE „ -ERI( 3300 NR ?dPORT BEACH RI,VI). , N) WPORT REACH, CA 92fi Ci i i fi :" r,:.1i TV BEACH You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 6/23/99 , in the amount of 3 1, 026.17 CITY OF NEWPORT REACH as owner or public body and GILLESPIE CONSTRUCTION as prime contractor in connection with the work of improvement known as JOR# 6 5 3 — WATERLINE REPLACEMENT, NEWPORT REACH in the City of NEWPORT REACH Date 6/25/99 a I CIO � E i f � p T V in r c c T�k\ f cg q County of ORANGE State of California. NameofClaimant Robertson's Ready Mi VERIFICATION (Pym Name) Agent —MARIA VELA OUEZ fOfficial Capacity) 1, the undersigned, state: l am the Agent CAgentof' "Presidentof' "A Partnerof' "Ownerof'.tic.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and T certify that the same is true of my own knowledge. 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on JUNE 25 19 99 at Riverside California. � Signature oJClaimant or Autboriit A MARIA VELASOUEZ r � ROBERTSON'S ROCK - SAND • BASE MATERIALS READY MIX CONCRETE UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT The undersigned has been paid in full for all labor, services equipment or material furnished to: BOB WETZEL CONC.INC on the job of: CITY OF NEWPORT BEACH located at: EMARCUS & 35TH ST TR #WATERLINE REPLACEMNT NEWPORT BEACH LOT# and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ .00. Dated: 06/21/1999 Robertson's J.C.N. #: 990326 r� i di Department "NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT,EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A Cbi,JDITIONAL FINAL RELEASE FORM." State of ifornia County of RiNkrside on NOTARY PUBLIC, PER ALLY APPEARED known to me to be the rson whose instrument and acknowled t her authorized capaci n hat the person or t ntity upon b the instru . S my hand and official seal. before me, personally -subscribed nab bscribed to the within o�xat he /she executed the same in his/ by his /her signature on the instrument if of which the person acted, executed 6830 Van Buren Blvd. • Riverside, CA 92509 PO. Box 33140 • Riverside, CA 92519 X909) 685 -2200 • Fax )909) 685 -8371 • STOP NOTICE • C_ 2)101 (California Civil Code Section 3103) NOTICE TO CITY OF NEWPORT BEACH _; a p 3300 NEWPORT BEACHNEWPORT BEACCA (If Private Job -file with responsible officer or perWn ,MX MfFi$e13)r branch of construction lender administering the construction funds or with the owner -CIVIL CODE SECTIONS 3156 -3175) (IF Public Job -file with office of controller,audi&di6 rco(ti dtfl-MfY)a'ubfKc disbursing officer whose duty it is to make paymentgf(14Fd� _rw ddns of the contract -CIVIL CODE SECTIONS 3179 -3214) Prime Contractor: GILLESPIE CONSTRUCTION Sub Contractor (If Any):ROBERT E WETZEL CONCRETE Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as EMARCUS & 35TH ST County of ORANGE 1 -106-* (053 Ylpo��3eac% State of California. Robertson's, Claimant, a Partnership, furnished certain labor service, equipment or materials used in the above described work of improvement. The name of the person or company to whom claimant furnished service, equipment, or materials is ROBERT E WETZEL CONCRETE The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and /or sand materials. Total value of labor,service,material to be furnished ...... $ 1,026.17 Total value of labor,service,materials actually furnished..$ 1,026.17 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any .............................$ 0.00 Amount due after deducting all just credits and offsets .... $ 1,026.17 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 1,026.17 and in addition thereto sums sufficient to cover interest court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached.(Bond required with Stop Notice served on construction lenders on private jobs -bond not required on public jobs or on Stop Notice served on owner on private jobs) Dated 06/23/99 Name and address of Claimant ROBERTSON'S P.O. Box 33140 Riverside, Calif. 92223 E 90 -6 5 -2200 o B Y g v a Authorize Agent �� VERIFICATION I, e undersigned, state: I am the agent of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 06/23/99 at Rivers.icje, State Califo nia. Signature of claimant /Agent RECORDING RE(RL(�TlkiWNAD WHEN RECORDED RETURN TO: City Clerk ,99 JUN 11 A10:03 City of Newport Beach 3300 Newport B� y E: ;i i Y CLERK Newport Beac 91 011RT BEACH Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder 111111111111111 Jill Jill No Fee 19990418840 10:24am 06/07/99 005 7023460 07 28 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Gillespie Construction of Costa Mesa, California, as Contractor, entered into a Contract on June 8, 1998. Said Contract set forth certain improvements, as follows: Corona del Mar Water Main and Alley Replacements, C -3191 Work on said Contract was completed on April 8, 1999, and was found to be acceptable on May 24, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is United Pacific Insurance Company. BY 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 �� Cx c l %� I C0 9 at Newport Beach, California. BY City Clerk �1 � c� r May 26, 1999 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Grand Canal Dredging, Eelgrass Transplant and Rock Buttresses (C-3154) Notice of Completion for the Corona del Mar Water Main and Alley Replacements (C -3191) Notice of Completion for the 1997 -98 Alterations and Refurbishing of the Police Facility (C -3217) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach r • . RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt rom co ing pursuant to Government re Code Sectiees on 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 of Costa Mesa, California, as Contractor, entered into a Contract on June 8, 1998. Said Contract set forth certain improvements, as follows: Corona del Mar Water Main and Alley Replacements, C -3191 Work on said Contract was completed on April 8, 1999, and was found to be acceptable on May 24, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is United Pacific Insurance Company. BY (J )/�ff 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 /'`! a Y I at'] ) -)A f f r% � at Newport Beach, California. BY �U9�' n - NQ XL�q i wpo City Clerk �`o_ TO: Mayor and Members of the City Council FROM: Public Works Department May 24, 1999 CITY COUNCIL AGENDA ITEM NO. 12 SUBJECT: CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS, CONTRACT NO. 3191 - COMPLETION AND ACCEPTANCE 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 8, 1998, the City Council authorized the award of Corona del Mar Water Main and Alley Replacements, Contract No. 3191 to Gillespie Construction, Inc. of Costa Mesa, California. The contract provided for the replacement of 5,200 linear feet (one mile) of water main and the reconstruction of alley improvements in Corona Del Mar (see Exhibit "A "). In addition, a sewer force main from the Buck Gully Pump Station was reconstructed. 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: $791,418.75 Actual amount of bid items constructed: 757,984.69 Total amount of change orders: 77,860.56 Final contract cost: $835,845.25 The decrease in the amount of actual bid items constructed over the original bid amount resulted from the deletion of reconstructing one alley and a reduction in the amount of concrete pavement from the bid item quantities. The final overall construction cost including change orders was 5.6% over the original bid amount. A total of nine change orders were issued to complete the project. A summary of the change orders are as follows: 1. Two change orders totalling $17,825.70 provided for the removal and replacement of forty feet of sewer line and the reconstruction of a 23 foot deep sewer manhole. SUBJECT: Corona del Mar Water and Alley Replacements, Contract No. 3191 - Coon And Acceptance r May 24, 1999 Page 2 2. Two change orders totalling $30,789.93 provided for the installation of dry utilities (power and telephone) for future use on Poppy Avenue to the Buck Gully Pump Station and phone service to the life guard station at Little Corona Beach. 3. Two change orders totalling $5,651.65 provided for the relocation of a fire hydrant and the placement of several concrete thrust blocks. 4. Two change orders totalling $23,593.28 provided for the removal and disposal of unsuitable subgrade material, and the construction of an alley added to the project between 5`" Street and Fernleaf Avenue. 5. One non - compensatory change order provided for a 5 working day time extension for a construction shutdown during the Christmas /New Year holiday season. Funds for the project were budgeted in the General Fund as follows: Description Account Number Amount Street, Alley, Bikeway improvement Project 7013- C5100017 $9,081.26 Alley Replacement Program 7013- C5100227 179,581.13 CDM Water Main Replacement Program 7501- C5500286 532,636.66 Sewer Pump Station Master Plan Improvement 7532- C5600100 114,546.20 TOTAL 1 $835,845.25 The contract completion date, including the time extension and days given for inclement weather, was April 8, 1999. Respec m' e , PUBLIC WORKS DEPARTMENT Don Webb, Director 1A--o1A&& Horst Hlawaty, P.E. Construction Engineer Attachment: Exhibit A F: \UsesTBW\SMredCOUNCIUFYWWV&y -24 \CDM Alley Water C.3191.dm 0 E Ej Z O 0 s�cn 9 n r 0 n Z CITY R 4 O 9�O/ CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS C-3191 E �I DRAWING NQ EXHIBIT A r� i� ! ll� Al f , 1 City Clerk CITY OF NEWPORT BEACH i `c�FOR/ PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS — FY 1997 -98 (ALLEY NOS. 13F, 14,22D, 23C, 31A, 3113, 30A, 30B, 29A, 29B. 3913, 44F3 44G & 44H) Contract No. 3191 City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3311 PAGE 1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 11:30 a.m. on the 21st day of May, 1998 at which time such bids shall be opened and read for CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS FY 1997 -98 (ALLEY NOS 13F 14,22D, 23C, 31A, 31B, 30A, 30B, 29A, 29B, 39B, 44F, 44G & 44H) Title of Project Contract No. 3191 $835,000 Engineer's Estimate Approved b (--�Q Don Webb Public Works Director 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. Project Manager at (949) 644 -3330. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PAGE 2 CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS - FY 1997 -98 (ALLEY NOS 13F 14,22D. 23C 31A 316 30A 30B. 29A. 29B. 396 44F. 44G & 44H) CONTRACT NO. 3191 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. 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. 4. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. 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. 7. 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. PAGE 3 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 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 ". 10. 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. The signature below represents that the above has been reviewed. y14-702-5 " / 1 '' Contractor's License No. & Classification lieu Iq�(498 Date I .,`.{. • PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS - FY 1997 -98 (ALLEY NOS 13F 14 22D 23C 31A 31 B 30A 306 29A. 29B. 396 44F. 44G & 44H1 CONTRACT NO. 3191 DESIGNATION OF SUBCONTRACTOR(Sl 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 monies to be withheld to ensure 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. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Subcontract Work Subcontractor Address 0 i 1 /gsoiv- (�nSALAaf) I Zip. Bidder 0 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS - FY 1997 -98 (ALLEY NOS 13F 14 22D 23C 31A 31 B 30A, 306 29A 29B 396 44F. 44G & 44H) CONTRACT NO. 3191 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 Project Person Telephone Completed Name /Agency To Contact Number o cnn.(lllalhAf4" Autho - iI l/ • GILLESPIE CONSTRUCTION, INC. CON PLETED PROJECTS As of April, 97 CUSTOMER NAME & ADDRESS JOB LOCATION CONTRACT A -MOUNT A,YrERICAN GOLF CORP. 343 El Toro Golf Course 1 235,461 1633 26th Street 355 Cherry Ave. /Jeromino St. Improvements 228,629 Santa Monica, CA 90404 362 Rancho San Joaquin Storm Drain 13,132 CALIFORNLa CORRIDOR 1 447 San Joaquin Hills Transportation 66,475 CONSTRUCTORS P.O. Box 57013 Irvine, CA 92619-7013 I CALTRANS DEPT. OF TRaNSP. 356 Norco Housing 1,129,326 1120 "N" Street Room 39 429 Orange County Fairgrounds 147,192 Sacramento, CA 95814 I CALVARY CHAPEL 377 Green Valley Tank Site 104,039 3800 S. Fairview Road 1 Santa Ana, CA j CALVARY CHAPEL GOLDEN 1 457 Calvary Chapel Golden Springs, Grading & Parking V 116,029 1 SPR[NGS 4 Lot CARLSON LANDSCAPL`iG 350 County of Orange 54,045 9050 Blackbird Ave. Fountain Valley, CA 92703 CATELLUS 454 Akins- Ridgemoor Debris Bassin 327,000 5 Park Plaza, :400 1 464 Akins Westchester Grading 1,709,907 Irvine, CA 92714 1 465 Akins Westchester Storm Drain 55,002 476 Line A Outlet Structure 12,500 CITY OF ANAHEIM 108 Lakeview/LaPakma Storm I 200 S. Anaheim Blvd. 109 Walnut Creek Sewer & Storm Drain 52,000 Anaheim, CA 156 Patrick Henry Storm Drain 441,000 11 (714) 254 -5100 376 Vintage Lane Soundwall 120,453 1 409 Residential Lou 12,233 t'mho1&r==niob1Lvfuiished.git I of 9 pages GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As of April, 97 CUSTOMER NA,tifE & ADDRESS JOB LOCATION CONTRACT A.r10 UN CITY OF BREA 146 Laurel Ave. Street Improvements 146,000 ml Civic Center Circle 152 Lambert Rd. Street Imorovemenis 15,000 Brea, CA 92621 172 Firesmtion 3 330,000 (714) 990 -7600 176 Sewer Relocation 44,640 CITY OF COSTA yfESA 196 Artin2ton Drive Storm Drain & Street Imp. 135,000 77 Fair Drive 316 Fire Station 325,1719 Costa Mesa, CA 92626 410 Iowa St. Storm Drain 50,494 (714) 754 -5000 427 Street Improvement Newport & 13th St. 171,450 432 Indus St. Drainage Imp. 45,733 CITY OF COVwA 396 5,000 Gallon Reservoir and Pumps 537,593 125 E. College 1 412 Sewage & Pump Station 64,151 Covina, CA (318) 853 -7212 ` i CI Y OF DANA POLNT 335 Street Widening - Stonehill & Selva 1,075,571 33232 Golden Lantern 1 451 Sidewalk Improvements on PCH 34,050 Dana Point, CA (7 14) 248 -9890 CITY OF FULLERTON 122 Emery Park Phase JII 64,000 303 W. Commonwealth 123 Vfalvern -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 94,043 309 Brea Blvd, Widening 68,657 319 BerkeleyMarbor Storm Drain i 106,694 321 Bike Trail j 55,536 322 Highland Ave. Widening f 113,365 i CITY OF GARDEN GROVE 320 Street, Stone Drain Improvements 190,052 { CITY OF FiUNTINGTON BEACH 401 HB. Pfaycourt Reconstruction 383 Huntington Lake Storm Drain 125,055 305,555 j 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 fm,i,o1a%m =niob1=Tmsicagii 2 of 9 pages GILLESPIE CONSTRUCTION, INC. CONIPLETED PROJECTS As of April, 97 CUSTOMER NAME & ADDRESS JOB LOCATION CONTRACT AMOUNT CITY OF INDUSTRY 1 403 Commuter Rail Station Parking Loc Improvemencs 1,154,971 15651 E. Stafford Street (Grading & Storm Drain Imp.) City of Industry, CA 91744 1 416 Industry Mills Parking Lot & Roadways 300,193 CITY OF IRVINE 419 Ama15 Drive Seepage tifitigation 13,530 1 Civic Center Plaza i 473 Westpark II - Offisite Irvine, CA 92713 (714) 724 -6000 CITY OF LAGUNA BEACH 155 Heisler Park Slope Reconstruction 230,000 505 Forest Avenue 370 Wastewater Pump Station Improvements 239,413 Laguna Beach, CA 92651 `405 Storm Damage 40,076 (714) 497 -0339 ; 415 Animal Shelter 13,67; (714) 644-1311 456 Cress Street Retaining Wall 105,114 1 453 Animal ShelterBridee 36,7 23 459 Canyon Acres Drive Fire Access Road 69,021 461 Dunning Drive Landslide Repair 693,201 466 Laguna Beach Water District 44,410 CITY OF LAGUNA NIGUEL 1 441 Cailendar Court 211,639 27801 La Paz Laguna Niguel, CA 92656 (714) 362 -4300 CITY OF LONG BEACH 333 W. Ocean Blvd. Long Beach, CA 90802 (310) 570- 6555 135 Landscape Modification 136 Gabion Slope Repair 148,000 163,000 CITY OF NEWPORT BEACH 101 Old Newport Blvd. 90,000 3300 Newport Blvd. 123 Oasis Park & 5th St. Improvement 242,000 Newport Beach, CA 92663 1 131 1983 -84 Storm Drain Improvement 218,000 (714) 644-1311 194 Ticket Booth Corot. 58,000 311 Hospital Road Widening 275,157 j 306 Backbay Trail 1,063,334 413 Vfisc. Storm Drain Const. 382,319 423 Hazel Drive 494,747 425 Channel Drive 51,365 450 Balboa Blvd. Recent. 391,513 452 Bolsa Park 161,152 460 vfain Street Sidewalk Improvements 66,902 471 MacArthur Blvd. 7,068 E'rnha iab i,Wanahcdgit 3 of pages GILLESPIE CONSTRUCTION, INC. CONeLETED PROJECTS As of April, 97 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION ANIOUNT C= OF NEtiVPORT BEACH (Cont.) 472 Balboa Manholes 475 Corona Del Nfar Alley & Water Nlain 17,293 373,649 I CITY OF ORANGE 305 Tustin St. Street Improvements 216,620 300 E. Chapman Ave. Orange, CA 92666 CITY OF SAN JUAN CAPISTRaNO 115 Sunhollow Improvements 120 Alipaz & Del Obispo St. Improvements 134,000 93,000 32400 Pasco Delano San Juan Capistrano, CA 92675 302 Del Obispo St. Widening 209,000 (714) 493 -1171 323 Drainage Improvements 64,000 332 Del Obispo Storm Drain 234,000 CITY OF TUSTIN 195 Bell Avenue Storm Drain 96,673 300 Centennial Way 453 Pinetree Park Parking Bay Improvements 92,779 Tustin, CA 92630 i 455 Reconstruction "C" Street 65,983 i(714)573 -3000 CITY OF VILLA PARK 467 Villa Park Storm Drain 147,703 17355 Santiago Blvd. 1 Villa Park, CA 92861 j (714) 998 -1500 I CITY OF NVTff ER 353 Savage Canyon Landfill 1,224,745 li230 E. Penn Street 374 Savage Canyon Landfill 170,720 Whittier, CA 375 Gras Distribution Wells 15, 17 & 18 36,362 (310) 945 -8200 393 Savage Canyon Landfill i 117,161 449 Well R13 MCC Building 54,950 CITY OF YORBA LINDA X90 Street/Storm Drain 111,396 P.O. Box 7487 4 404 Remove & Replace AC 145,900 Yorba Linda, CA 92686 443 Town Center Plaza 93,333 (714) 961 -7100 445 Brooklyn Avenue 69,304 COTO DE CAZA DEVELOPr ENT f 169 Gabion Drop Structures 130 Rip Ran Slope Protection 630,000 260,062 P.O. Box 438 Trabuco Canyon, CA 92673 131 Storm Drain Improv. 159,693 134 Crabion Slope Repair 16,295 136 Grabion Slope Repair 140, 5 li 133 Low Flow Crossing II 39,606 192 Corrective Work I _40,642 en noimniom raft 4 of 9 pages GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As or April, 97 CUSTOM- aR NAME & ADDRESS JOB LOCATION CONTRACT Ati10L -N'T COUNTY OF LOS Ai IGEL.ES, ` 111 Rambla Pac fico 36,555 ROAD DEPARTMENT 1540 Alcazsr Street Los Angeles, CA 90033 COUNri' OF ORANGE 149 Stonehill 316,120 400 Civic Center Drive 160 EMA Palm .Ave. Street and Storm Drain 253,364 Santa Arta, CA 92651 ` 197 Stonehill Drainage Improvements 29,000 (714) 834 -3100 435 Delhi Channel 603,200 COUNTY OF ORANGE -ENLA 367 'vLssions Planned Community Road Closures 42,604 P.O. Box 4043 Santa Ana, CA 92702 -4043 CYPRESS HONES. P4C. 4443 Sorrento Stormwater Pump Station 469,500 14 Corporate Plaza (Project 49226 -1) Newport Beach, CA 92660 DANA STRAW BEACH CLUB 133 Rock Slope Protection 260,000 34001 Dana Strand Road Dana Point, CA 92632 EASTERN MUPiICIPAL WATER 332 Grant Ave. and Corwin Pumping Plants 354,453 DISTRICT ESSLINGER FAIMMY TRUST 470 Laguna Terrace Park 208,941 LAGUNA TERRACE PARK 30802 S. Coast Highway Laguna Beach, CA 92651 FERGUSON PARTNERS I Same As Above 4199 Campus Drive, 41000 1 Irvine, CA 92715 GENTRY GOLF 413 Island Golf Center 195,619 14893 E. Ball Road Anaheim, CA i GORDON & NVILLLAMS 468 Rotoshake 175,3S3 26031 Merit Circle '123 477 Teen Center (K.B.F.) 49,140 Laguna Dills, CA 92653 434 Roaring Twenties - North Proiect (K.B.F.) 275,005 (714) 367 -7813 Pmhol&ge,rruljoblLaTm=ho&gt 5 of 9 pages 0 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As of April, 97 CUSTOMER NAIN E & ADDRESS JOB LOCATION CONTRACT AMOUNT RONDEVELOPMENT 1 335 Storm Drain, Stairway 755,420 25200 La Paz Rd., ;4n- 10 Laguna H&s, CA 92653 (714) 536 -4400. IRVLNE RANCH WATER DISTRICT 1 337 Pump Station 575,7951 114 15600 Sand Canyon Ave. I Irvine, 92613 j (714) 453 -5300 KNOTT'S BERRY FARM 119 Various Grading & Improvements 734,000 3039 Beach Blvd. 121 Various Grading & Improvements Buena Park, CA 90620 144 Storm Drain Improv. (7) 14) 2205229 { 161 Parking Improvements 135 Dolphin Park Improv. 315 Landscape ✓taint. Grading 45,591 , 339 Grand Ave. Parking Lot 373, =:90 407 Spirit Lodge 293,355 426 Steal: House 62,936 431 Fiber Optics Phase ILA 565,061 442 Farmwide Communications 171,361 463 Rotoshake 175,393 LAGUNA BEACH COUNTY WATER 339 Grading &Storm Drain Improvements 392,000 DISTRICT 306 3rd Street Laguna Beach, CA (714) 494 -1041 j j LAIDLAW GAS RECOVERY SYSTEMS 324 Grading Improvements 329 Sewer & Water 449,532 357,000 39399 Ballentine Dr., Ste. 275 Newark, CA 94560 334 Methane Gras Header 233,000 336 Landscaping 71,000 346 Realignment of Sewer, Water & Gas Line 161,1S9 352 Pump Station X91 95,033 4 44,305 LAKE ELSINORE UN=D SCHOOL 1 369 Temescal Canvon High School 309,2. DISTRICT 545 Chaney Street Lake Elsinore, CA 92330 i C4nhold\gmeral \jobli=Tutished I 6 of 9 pages GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As or April, 97 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT LOS ALISOS WATER DISTRICT 110 Grading & Site Improvements 95,000 P.O. Box 699 343 Rough Grading 817,434 El Toro, CA 92630 LOS ANGELES COUNTY DEPT. OF 371 Eaton Wash Spreading Grounds 373 Schabarum Regional Park 393,734 790,116 PUBLIC WORKS. bIISC. DEPT. 900 S. Fremont Ave. 393 San Dimas Reservoir 797,640 Alhambra, CA 91803 406 Kenneth Hahn Park 379,546 408 Santa Anita Debris Basin 261,343 434 Morgan Debris Basin 338,377 439 Rio Hondo Spreading Grounds 913,201 ORANGE COUNTY FNIA PUBLIC 340 Aliso Beach Front Improvements 344 OCE.VIA (Pelican Hill) 297,20" 434,735 DEPT. P.Q. Box 4048 1 347 Bee Canvon Landfill 165,492 Santa Ana, CA 92702 -4048 351 Portola Parkway Storm Drain 113,000 ( j I I i 359 Santiago Canyon Landfill 507,039 ORANGE COUNTY WATER DIST. 330 Santiago Basin Revegetation 402 Alamitos Barrier Injection Well 178,080 142,567 10500 Ellis Avenue Fountain Valley, CA 92708 PULTE HOME CORPORATION 337 Grading & Storm Drain Improvements 1,110,293 270 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 i 166,196 30211 Avenida de Las Banderas, Ste. 200 ; Rancho Santa Margarita, CA 92688 i i I RANCHO SANTIAGO CONVYMNiTY j 372 Parking Improvements I4 1,666,214 COLLEGE 17th Street at Bristol Santa Ana, CA 92706 REAL ESTATE DEVELOPMENT 193 Grading - Tract 11356, Lot 6 i 303 Point Del Mar 29,758 70,000 13302 Irvine Blvd., Ste. 360 Tustin, CA 92680 i f-�mhcl *nMa4\lobILaTuushedgit 7 of 9 pages • GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As of April, 97 CONTRACT CUSTOMER NANL M & ADDRESS JOB LOCATION QVIOUNT REGENTS OF THE UiNTVERSrrY 199 UCI Parking Lot No. 14 i 145,000 OF CALIFORNIA AT IRVINE 303 UCI Parking Lot No. I SC 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 EN'T'ERPRISES � 323 Research Enterprises 2,500 SADDLEBACK VALLEY 430 Saddleback Valley School District 25,050 SCHOOL DISTRICT I STANDARD PACIFIC 327 Bike Way Drains 13,500 1565 W. MacArthur Blvd. 1 349 Retaining Walls 122,699 Costa Mesa, CA 92626 (714) 546 -1161 j I i 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 Sacramento, CA STATE OF CALIFORNIA MISC. 429 Pavement/Drainage 149,300 1111 Howe Ave., Ste. 650 Sacramento, CA 95825 -8541 I f TAISEI CONSTRUCTION 480 Monarch Beach Storm Drain I 138,839 301 E. Ocean Blvd., Ste. 400 480 Monarch Beach Storm Drain Phase II 220,000 Long Beach CA 90802 I i THE BREN COMPANY j 3.54 Pelican I3ii1 Pump Station 621,945 5 Civic Plaza, Ste. 100 Newport Beach CA 92660 THE IRVINE COMPANY 139 Big Carryon 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 i 149 Back Bay Erosion Control 120,000 1 157 Flagstone Park 143,693 i158 Big Canyon Landscape 700,000 310 Mac Arthur Blvd. Widenine 552,411 r:nnasgaur�yo,t�cuat 8 of pages is GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As of April, 97 CUSTOMER NAME & ADDRESS JOB LOCATION CONTRACT AMOUNT TfiE rRVLNE COMPANY (Continued) 173 Center Dr. Realignment 179 Monroe Street Improv. 135,000 91,000 1 192 R.C. Box Structure 56,242 137 Jamboree Road Wide -=g ! 458,479 189 Big Canyon Slope Repair 66,000 190 Post Otnce Parking Lot 153,214 317 Sewer Cleanout 4,300 1 163 Back Bay Sewer 45,000 174 Los Trancos Parking Lot 140,000 333 Peters Canyon Grading 1 382,000 33 Jamboree Rd. Widening 566,000 360 Pelican Hill Syphon 414,000 361 Pelican Ell Road 35,000 373 Rock Shelter 27,729 1 392 Newport Coast 228,808 397 P--Scan Hils Golf Course 'I 126,687 THREE VALLEYS MUNICIPAL 336;VfrramarReservoir 1,537,000 WATER DISTRICT 3300 Padua Avenue Claremont, CA 91711 TRI -STAR CONSTRUCTION 314 Luau Area and Gold Rush Camp 116,591 UNION OIL & GAS DIVISION i 177 Kraemer Access Road 67,500 Western Region 9645 S. Santa Fe Springs Santa Fe Springs, CA 90670 WESTERN INDUSTRIAL 342 Raymer Avenue Street Improvements I 1 136,008 3325 Pico Blvd. Fullerton f:`mholdlgrnm�joblisffutishedgil 9 of 9 pages i 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS - FY 1997 -98 (ALLEY NOS 13F 14 22D 23C 31A 31 B 30A. 30B. 29A. 296 39B. 44F. 44G & 44H) CONTRACT NO. 3191 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County ofi ffix) ) tnenymr bein first my sworn, deposes and says that he or she is ;�t�larU`[i�UC6+ of N the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, 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 Auth rized Signature/Title .,2 Subscribed and sworn to before me this r r day of , 199 b �� _ SEIMT L. RUSSELL ��G iC/1 � rl l 1166123 N )ter NOURYVORIN;- CAER -0RNIA OrenOe County � ary Public MY Comm. Ex Nee Dee.21, t� My Commission Expires: �l� • Z� �2D31 • 0 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS - FY 1997 -98 (ALLEY NOS. 13F, 14, 22D, 23C, 31A 31 B, 30A, 30B 29A, 29B, 39B, 44F, 44G & 44H) CONTRACT NO. 3191 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 receipt of Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS - FY 1997 -98 (ALLEY NOS. 13F, 14, 22D, 23C, 31A, 31B, 30A, 30B, 29A, 29B, 39B, 44F, 44G & 44H) CONTRACT NO. 3191 CONTRACT THIS AGREEMENT, entered into this 8'" day of June, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," 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: CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS - FY 1997 -98 (ALLEY NOS. 13F 14 22D 23C 31A 31B 30A 30B 29A 2913 3913 44F 44G & 44H) Project Description 3191 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: 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. 3191, 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 furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: PAGE 10 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 seven hundred ninety one thousand four hundred eighteen and 75/100 Dollars ($791,418.75). 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. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by 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 City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen Luy (949) 644 -3330 6. LABOR CODE 3700 LIABILITY INSURANCE Contract, hereby certifies: "I am aware of the provisions of Section Gillespie Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 (949) 957 -0233 Contractor, by executing this 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." PAGE 11 7. INSURANCE (a) 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. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 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. (c) 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: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 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: 1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. PAGE 12 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of 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 and /or primary source of recovery 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) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. PAGE 13 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded 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. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by A. 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, or the work of any subcontractor or supplier selected by the Contractor. 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 Contract; (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 attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 0 0 PAGE 14 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 Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract 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: CLERK APP 7 A-1� FAD AS TO FORM: CITY ATTORNEY CITY OF P T BEACH .' `l IA Munici al C ratio By' r Th s, Mayor CONTRACTOR 0 Producer 714 2' —7676 'THIS CERTIFICATE Is ISSUED AS A M?a7ER OF INFORMATION Seltzer Insurance Service D[IIY AM �S NO RIGHTS UPON THE CERTIFICATE HOLDER. Selt East Insurance fair Avenue 'mss CERTIFICATE DOES NOT AM@IIl, E=&ND OR ALTER THE 1524 COVERAGE AFFORDED BY THE POLICIES BBIOW. Orange, CA 9 867 . w11 Company Reliance Insurance Company r.. Company / ..� // p y Progressive Casualty Ins. Co. GILLE03 -DEB B X Company Fireman' s Fund Insurance Compan)V Gillespie Construction, Inc. C 245 Fischer Avenue, STE #B -3 Company Cal Comp Insurance Company rnmtn D CCYS7Fil g THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTA DATE DATE A GENERAL LIABILITY Commercial General Jiab Claims Made occur Owner's & Cont Protective SIT 3002815 04/01/98 04/01/99 General AggrtgaZe S Products-COMP 0 s A $ Personal & Ads InjuryS Each Occurrence S Fire Dama e(an 1 fire) S Med Exp(any one erson) $ B AUTOMOBILE LIABILITY Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos COMP /COOL7TSS10N CA08080671 -1 INCLUDED 12/05/97 12/05/9$ Combined Single Limit S Bodily Injury (per person) $ Bodily injury (per accident) $ Property Damage 5 GARAGE LIABILITY Any Auto Auto Only - Ea Accident $ Other Than Auto Only Each Accident $ Aggregate $ EXCESS LIABILITY Umbrella Form Other Than Umbrella Form Each Occurrence 5 A re ate 5 5 D NORRERS• COMPENSATION AM EMPLOYERS' LIABILITY The Proprietor/ Incl ParCners /Executive Officers are: Excl W979110457 09/01/97 09/01/98 Statutory Limi the , EL Each Accident 5 EL Disease-Policy Limit Is EL Disease -Ea Employ ee Is 1 000- 000 C OTHER Equipment Floats Contractor Equip MZX80701622 04/01/98 04/01/99 375,500 Limit 100,000 Hired /Rented DESCRIPTION OF OPERATIONS /LOCATIONSNEHIM /SPECIAL ITEMS ertificate Holder is named Additional Insured as per attached endorsement ith respect to work performed: Corona Del Mar Water Main and Alley orona Del Mar Water pain and Alley Replacements Contract No. 3191 AIVER OF SUBROGATION TO BE INCLUDED. ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 'ION DATE THEREOF, THE ISSUING COMPANY WILL � MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Of Newport Beach is Works Department Newport Boulevard ort Beach, CA 92663 Stephen Luy i POLICY NUMBER: SJ3002815 6 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organization: THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS 3300 Newport Boulevard Newport Beach, CA 92663 CONTRACT NO. 3191 - Corona Del Mar Water Main and Alley Replacements If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. IT IS FURTHER AGREED THAT SUCH INSURANCE IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHOWN SHALL BE PRIMARY INSURANCE, AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS AND NON- CONTRIBUTORY, BUT ONLY AS RESPECTS ANY CLAIM, LOSS OR OR LIABILTIY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, AND ONLY IF SUCH CLAIM, LOSS OR LIABILITY IS DETERMINED TO BE SOLELY THE NEGLIGENCE OR RESPONSIBILITY OF THE NAMED INSURED. SIGNED:t Aut orized Repre" ntitive Date CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 PROGREII/f/E ADDITIONAL INSURED The person or organization named below Is a person insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured ana then only to the extent of that liability. We also agree with you that insurance provided by this agreement will be excess insurance over any other valid and collectible insurance. NAME OF PERSON OR ORGANIZATION: THE CITY OF NEWPORT BEACH, IT'S OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS All other parts of this policy remain unchanged. This endorsement changes Policy No.: oeo6oe71 - 1 Issued to (Name Of Insured): GILLESPIE CONSTRUCTION I 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 Endorsement Effective: 12/05/97 Expiration: 12/05/96 THORIZED SI TURE Forrn No. 1198(8.93) CVPC1106961637L119802 Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS — FY 1997 -98 (ALLEY NOS 13F 14, 22D. 23C. 31 A. 31 B. 30A. 30B. 29A. 29B. 39B. 44F. 44G & 44H) CONTRACT NO. 3191 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. 3191 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 AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ 1 h -�h I�OUS&,L Dollars and Cents $ 00O °' $ 30 Per Lump Sum 3C?7 66C 2. Lump Sum Traffic Control @ JW5dd Dollars and /^^� Cents $ 6dD "`� $ ��+/�rj Per Lump Sum 3,250 L.F. Remove Existing Water Main and Install New 6 -Inch P.V.C. C -900 Water Main @ ollars and Cents $ 17.00 $ 55T_ Per Linear Foot Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 210 L.F. Remove Existing Water Main and Install New 6 -Inch P.V.C. C -900 Water Main, Including A.C. Trench Resurfacing Dollars and Cents $ 751.00 $ Per Linear Foot 5. 330 L.F. Remove Existing Water Main and Install New 6 -Inch P.V.C. C -900 Water Main, Including P.C.C. Trench Resurfacing @ 151X: U CLSK t Dollars and SBUeA4.dA �(V42-- Cents $ i Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 525 L.F. Remove Existing 6 -Inch Water Main and Install New 12 -Inch P.V.C. C -900 Water Main 10. 11 12. 13 @ "Th Dollars and No Cents Per Linear Foot 6 Each Install 12 -Inch Gate Valve Including Valve Box and Cover $ __50 �w _ $ 105 -7 X co @ SeJJ°lUtIQKLk6dDollars and 1�0 Cents $ I $ (QrZCO.°O Per Each 76 Each Remove Existing and Install New 1 -Inch Water Service Including Meter Box and Coveer'�'��,.��yy @ �lx i-RU.NO1YeI)5? ollars and Cents Per Each 103 Each Remove Existing and Install New 1 -Inch Water Service, Long Side, Including Meter Box and Cover Si4Flurn rr� @ �ollars M, and — 4;5-91z- Cents Per Each 210 L.F. Remove Existing 6 -Inch C.I.P. and Install 6 -Inch Yelomine Restrained Joint, Class 160 PVC Sewer Force Main. @ LEAD Dollars and /Lo Cents Per Linear Foot $ W7o� $ 35�.7200 ..� Mob S,. $ Z-7 $ Page PR-4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 490 L.F. Install 6 -Inch Yelomine Restrained Joint, Class 160 PVC Sewer Force Main Including Trench Resurfacing. @ t fl hJ- Dollars and =t itr Cents $ 38,$° $leiBU5.°O Per Linear Foot 15. 215 L.F. Install 6 -Inch Yelomine Restrained Joint, Class 160 PVC Sewer Force Main. @ �0� f-ea, Dollars and Cents $ ge3'S5 $ 9352? Per Linear Foot 16. 5 Each Remove Existing and Install New Fire Hydrant Assembly Including Valve With Trench Resurfacing @TLe*flj Q ld(A/Dollars and e� Cents $L�fgcopo $ LOCO Per Each 17. 3,400 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Alley Approach @ ___ PAX Dollars and S2�P,YfiU I/?J Cents $ 5. ?'5 Per Square F 18. 62,500 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Alley @ —M(ca— Dollars and &..90 Z37 tZb 45i4T Cents $ $ 1=_ Per Square Foot Page PR -5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 10,000 S.F. Remove and Replace Existing 8 -Inch Thick P.C.C. Roadway. @ �,-OoN Dollars and Cents $ BOO $ 4401OW00 Per Square Foot 20. 6,275 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Patchback @ T%1YeA Dollars and Tu&A.h4 Cents $ 3,26 $ Zdr 393 �5 Per Square Foot 21. 1,250 S.F. Remove Existing and Construct 4 -Inch Thick A.C. Patchback @ Thr2a.., Dollars and c�,��o� Tu1�Yl*G Cents $ 3•� $ Per Square Foot 22. 75 S.F. Remove Brick Paving and Construct Brick Patchback @ Dollars and Cents $ (70() Per Square Foot 23. Lump Sum Provide and Install Temporary Water Main Bypass @ I�ThrP� dJ ollars and Cents Per Lump Sum 24. Lump Sum Provide Sewer Force Main Bypassing @JIlYtYl�Qj1 tTDollars n and /(g Cents $ W,00 Per Lump Sum $ 2q0pp,a& J, @ .& 4 k.I KdVPli Dollars and ilD Cents $ 45i (20a:°O $ 5110 Per Lump Sum 27. 2 Each Remove Existing and Install Street End Barricades @ -Chr Dollars and Cents $ � $ 700,00 Per Each 28. 40 S.F. Remove Existing and Construct PCC Sidewalk @ �I /� rf/iIl Dollars and Cents $ -N30 °O Per Square oot 29. 25 L.F. Remove Existing and Construct PCC Curb and Gutter @ 1` i lie Dollars and 09 Cents $ Z" PS oa $ 692)S IOU Per Linear Foot 30. 610 S.F. Remove Existing and Construct PCC Cross Gutter @ Dollars and `LkXAlh_j V Cents $ �Z� $ A?A2 -456 Per Square Foot Page PR -6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 25. 5 Each Remove Existing Sewer Cleanout and Construct Sewer Manhole per CNB Std. 401 -L od @Two?"', #Y lollars and AA Cents �� $ z �` $ Per Each 26. Lump Sum Pressure Test, Disinfect and Flush Water Main @ .& 4 k.I KdVPli Dollars and ilD Cents $ 45i (20a:°O $ 5110 Per Lump Sum 27. 2 Each Remove Existing and Install Street End Barricades @ -Chr Dollars and Cents $ � $ 700,00 Per Each 28. 40 S.F. Remove Existing and Construct PCC Sidewalk @ �I /� rf/iIl Dollars and Cents $ -N30 °O Per Square oot 29. 25 L.F. Remove Existing and Construct PCC Curb and Gutter @ 1` i lie Dollars and 09 Cents $ Z" PS oa $ 692)S IOU Per Linear Foot 30. 610 S.F. Remove Existing and Construct PCC Cross Gutter @ Dollars and `LkXAlh_j V Cents $ �Z� $ A?A2 -456 Per Square Foot Page PR -7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 31. 1 Each Remove Existing and Construct Sanitary Sewer Manhole at Carnation Avenue @ :BL n tAQQSajt d Dollars and %lA Cents Per Each 32. 5,150 S.F. Remove and Replace Additional Existing 8 -Inch Thick P.C.C. Roadway As Shown on Plan Construction Note 19 @ - meek, Dollars and SPWeklfH �1y-e— Cents Per Square Foot 33. 3,700 S.F. Grind Existing and Place 1 %-Inch Thick A.C. Overlay @ TWA Dollars ��,� and — ��`{NJt- Cents Per Square Foot 34. Lump Sum Modify Existing Sewer Pump Station Including 6 -Inch Ductile Iron Force Main to Valve Vault Including Trench Resurfacing $ Zoco,Q9 $ 2-ICJ06-110 $ 3,-715' $1_ J3 Z, $ Z.-7T $ jolrrs.E @1�i Je {;i l(dyd Dollars and /l0 Cents $ 15,5760,0 0 $ Per Lump Sum 35, Lump Sum Construct Sewer Force Main Valve Vault mI I W-• r I � Be and rw Cents $ (4060'", $ 1qjW0,01, Per Lump Sum TOTAL PRICE IN WRITTEN WORDS I�Q t (apaLf 2 �Doll r A_ and Cents $ -7g1.4 /8.7 5 Total Price Bidder's Name �iI le nfe �r1� trUC'YtoYl �cLiiC .. �/yj , Bidder's Address .2-45 1—1 SUIllY 3 (SkS� I !U `a 9 JG Bidder's Telephone Number Contractor's License No. & Classification A Date Autho ized Signature & Title 'FO tU �,r�u-� Tre�sur M 1I7-Ai TO: IR 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT I� ADDENDUM NO. 1 CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS CONTRACT NO. 3191 - 4 BY: City Engineer 6rPu6lic Works Director ALL PLANHOLDERS 1. The last sentence of Section 207 -21 -1 General on page 16 of the specifications shall be revised to read "Fittings for Yelomine Certa -lok restrained joint PVC pressure piping shall be permanent Certa -Lok fittings. Ductile Iron fittings will not be allowed." 2. For all mechanical joint fittings only "Star All Grip" retainer glands will be allowed. 3. For CNB Std. -500 -L delete Note 5 for the 6" X 6" breakable hydrant flange unit. This flange is not required. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bids may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Citoof Newport Beach NO. BA- 075 BUDGET AMENDMENT 1997 -98 AMOUNT: Sa1,4a7.so EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND X Decrease in Budgetary. Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations CITY OF NEWPORT BE from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To replace one mile of water main and the reconstruction of alley improvements. Also to reconstruct the sewer force main from the Buck Gully Pump Station and the Buck Gully Pump Station access ramp will be rebuilt. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Accoun Description 530 3605 Fund Balance Control $81,437.50 REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7532 Sewer Pump Station Improvement Program Account Number C5600292 Sewer Main Replacement Program $61,437.50 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry_ Signed: Fi ancial val: Finance D' actor / Date signed: Sy'- A rative Appr val: Manager Dilate Signed: —m —Its City Council Approval: City Clerk Date _ June 8,1998 Cliff C, JUN 8 CITY COUNCIL NO.G�NDA t I ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: CORONA DEL MAR ALLEY, SEWER AND WATER MAIN —AWARD OF CONTRACT NO. 3191 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3191 to Gillespie Construction, Inc. for the Total Bid Price of $791,418.75, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish construction reserves in the various accounts that total $79,000.00. 4. Authorize a budget amendment to transfer funds in the amount of $81,437.50, from Wastewater Fund balance to account number 7532- C5600292, Sewer Pump Station Improvement Program. DISCUSSION: At 11:30 A.M. on May 21, 1998, the City Clerk opened and read the following bids for this project: `Corrected total The low bidder is 5% below the Engineer's estimate of $835,000.00. The low bidder, Gillespie Construction, Inc., is a well - qualified general engineering contractor who has successfully completed previous contracts for the City. A check with their references and the State Contractor's License Board indicates that Gillespie Construction Company has successfully completed projects of a similar nature for other Southern California agencies and has no pending actions detrimental to their contractor's license. Bidder Total Bid Amount Low Gillespie Construction, Inc. $791,418.75 2 Los Angeles Engineering, Inc. $862,053.00 3 Fleming Engineering, Inc. $918,740.00 " 4 Highland Engineering $971,212.50 5 Trautwein Construction $999,670.00 `Corrected total The low bidder is 5% below the Engineer's estimate of $835,000.00. The low bidder, Gillespie Construction, Inc., is a well - qualified general engineering contractor who has successfully completed previous contracts for the City. A check with their references and the State Contractor's License Board indicates that Gillespie Construction Company has successfully completed projects of a similar nature for other Southern California agencies and has no pending actions detrimental to their contractor's license. li�' ,. SUBJECT: CORONA DE• R ALLEY, SEWER AND WATER MAIN — AWARD OF CONTRACT NO. 3191 June 8, 1998 Page 2 PROJECT DESCRIPTION This project provides for the replacement of approximately 5,200 lineal feet (one mile) of water main and the reconstruction of alley improvements, as shown on the attached Exhibit "A ". In addition, the sewer force main from the Buck Gully Pump Station will be reconstructed as a part of this project. The access ramp to the Buck Gully Pump Station will be rebuilt this summer with the outlet repairs that are necessary due to this years El-Nino storms. The replacement of water mains will improve domestic water service and provide increased pressure and reliability for fire protection. The water main replacement is part of the continuing program to replace existing deteriorated mains in the City. The reconstruction of the alley improvements will facilitate drainage and provide a smooth driving surface. Prior to the alley replacement, sewer lateral clean -outs will be installed by City forces to provide for future maintenance to the homes. The plans and specifications were prepared by the Public Works Department. All work is anticipated to be complete in November 1998. PROJECT FUNDING AND ADDITIONAL WORK 0 Funds to award the contract and to provide construction reserves to cover the cost of change orders for unforeseen conditions and additional work are available in the following appropriations: Description Account No. Contract Construction Total Amount Reserve Alley Replacement Program 7013- C5100227 $196,009.38 $10,418.88 $206,428.26 Street, Alley, Bikeway Improvement 7013- C5100017 $9,081.12 $9,081.12 Project Corona del Mar Water Main 7501- C5500286 $521,371.87 $52,100.00 $573,471.87 Replacement Program Sewer Pump Station Master Plan 7532- C5600100 $74,037.50 $7,400.00 $81,437.50 Improvements (FY 98199) TOTAL $791,418.75 79,000.00 $870,418.75 During the installation of clean -outs in the alley between Poppy Avenue and Poinsettia Avenue approximately 50 feet of sewer was found in need of replacement. A change order will be negotiated with the contractor to add this work. It is estimated that the additional cost will be approximately $5,000.00. The construction reserves indicated above will allow enough funding to provide for additional costs for unforeseen conditions and the above change orders. %% dpl sys\ groups\pubworkstcouncih98juns- 8kdm.doc SUBJECT: CORONA DEL MAR ALLEY, SEWER AND WATER MAIN — AWARRPOF CONTRACT NO. 3191 June 8, 1998 Page 3 i Sewer funding in the 1997 -98 fiscal year has been obligated. A budget amendment is needed to appropriate the funds from the wastewater fund balance to the sewer main replacement program account no. 7531- C5600292 in the amount of $81,437.50. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: and Step n Luy, P.E. Michael J. Sina I, P.E. Associate Engineer Utilities Engine r Attachment: Bid Summary . Exhibit A Budget Amendment Udplsyslgroupslpubwodcs %counciR98yune- 81edm.doc r LL O WI 1, IL V Q W M 0 a w Z LL 0 �TT ,.j a w'w F 0 m J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 j g S g 0 O 0 m O m O m g g O O O m G A g O A O O O m 9 g N N N g g C O m N 10 C �fl O O C O O mW N N Y V N r A r �- N O N pp.pp m N { O{pp O r M V N Iq N m n O O m m N N N O A O a0 O Y; O A IO N r' N -I C mW 0 A IN M mW H M 19 � 19 19 W 19 V/ M M pp C W c O g o O o 0 0 0p 0 o O g g g o N o 0 0 0 0 0 O o O opp o O g o O o O g d Z N y$ p A AN a 8 W A� W O W a M mW W p Ml 8 8 O O W �uppi f9 N O O ;L �Op p /9 K N N tl! vt W 19 2 O O C6 vW f� W f9 Vf � ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O p 0 0 O S 0 0 OU O O g QV 0 0 0 0 �p 0 m 0 p S 0 m 0 N 0 O G O G O N A O C O 0 G O 0 p 0 0 0 O 0 C C G m 0 G O 0 ��llll 0 O 0 O 0 O O Co yc C 7 O N O O r H r O Y° r a O O m O SN A O t7 Q m N p O •- O N m O N S S aa f 9 �p 19 m e 1� 0 0 0 m N ' � M tl1 f9 19 tlf 19 w w M t 9 N M w 19 m Q M 19 m {V w b N m S 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O S S S S O O S 0 A 0 A 0 m 0 O 0 O 0 O 00 O O S S S O O O O O O O O 8888 Q~ O O M «, E NO 19 N Omi V N 19 f9 a f9 O a°D O r p m ��p} ��{{ 8 H H 13=0000 8° W N mW O mM W °O O w J Z O 0 N 0 df «, 1A t7 rW M N� f9 tll M O W m m O, mW �N O N IA p O O Z N 19 19 w W a V! 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PYWIRIT A l� 6� CitSof Newport Beach 0 No. BA- 076 BUDGET AMENDMENT 1997 -98 AMOUNT: $a1,a37.6o OFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To replace one mile of water main and the reconstruction of alley improvements. Also to reconstruct the sewer force main from the Buck Gully Pump Station and the Buck Gully Pump Station access ramp will be rebuilt. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Eund Account 530 3605 + VENUE APPROPRIATIONS (3601) Fund /Division Account Description Fund Balance Control Description EXPENDITURE APPROPRIA77ONS (3603) Description Division Number 7532 Sewer Pump Station Improvement Program Account Number C5600292 Sewer Main Replacement Program Division Number Account Number Division Number Account Number Division Number Account Number Signed: Fi anci Approval:: Finance 41ned: o °liy Signed: City Council Approval: City Clerk Amount Debit Credit $81,437.50 $81,437.50 Date --3- 8 Date Date I Authorized to Publish Advertisements of all kinds intruding public notices by Dccrec of the Superior Court of Orange County, California. Number A•6214, Scplcmber 29, 1961, and A•24631 June 11, 1961. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City.of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: May 6, 14, 1998 II declare, under penalty of perjury, that the foregoing is true and correct. IExecuted on May 14 , 199 8 at Costa Mesa, California. Signature �2Ab CITY OF NEWPORT BEACH NOTICE INVITING 8I08 Seated bids may be re- ceived at the office of the LEY NOS 13F. 14, 23C, 31A, 318, 30A. 29A. 290. 3991 44F, 6 44H) lraorNb. 3191, pneer'a Est"Tate: 000 Proved by Don Webb, F,Ybllo at Director mpec9ve bidden inlay n one act of bid dopy. a at no cost at the of-' of the Public Words 9915. For further Informadon,, call Stephen Luy, Profect. Manager: at, (949) 6" 3330. PANIshed -Ne,wport1 Mena bay Pilot. 0, 1�19B& WThm 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Highland Engineering 7851 E. Bridgewood Anaheim, California 92808 Gentlemen: (714) 6443005 July 6,1998 Thank you for your courtesy in submitting a bid for the Fiscal Year 1997 -98 Corona del Mar Water Main and Alley Replacements (Contract No. 3191) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. 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 similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 Ll CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Fleming Engineering, Inc. 6130 Valley View Street Buena Park, California 90620 -1030 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Fiscal Year 1997 -98 Corona del Mar Water Main and Alley Replacements (Contract No. 3191) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. 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 similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Los Angeles Engineering, Inc. 4134 Temple City Boulevard Rosemead, California 91770 Gentlemen: (714) 6443005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Fiscal Year 1997 -98 Corona del Mar Water Main and Alley Replacements (Contract No. 3191) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. 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 similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 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, California 92337 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Fiscal Year 1997 -98 Corona del Mar Water Main and Alley Replacements (Contract No. 3191) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. 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 similiar nature. Enclosure Sincerely, ��1 Uc�.� /�1, � ✓cam LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach