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HomeMy WebLinkAboutC-3270 - Bonita Canyon Sports Park - Construction0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC July 22, 2004 United States Fidelity and Guaranty Company Attn: Peter A. Fjellstad 31919 First Avenue South, Suite 100 Federal Way, WA 98003 Subject: Bonita Canyon Sports Park (C -3270) To Whom It May Concern: On July 22, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on September 11, 2003. The Surety for the contract is United States Fidelity and Guaranty Company, and the bond number is KF1654. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Michael J. Sinacori, Project Manager enclosure 3300 Newport Boulevard Post Office Box 1768 - Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us EXEC T`.D IS nL^D�; P__ 111':A_. H. BOND \0. 354 r s Fe D3 vv,ca t Prime PREMIUM:., 342 .00 PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 BOND NO. KF1654 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 35,342. 00 being at the rate of $12.00/$8.50/$6.25 /$5.00/$4.50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Castello, Inc., hereinafter designated as the "Principal ", a contract for construction of BONITA CANYON SPORTS PARK, Contract No. 3270 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. 3270 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY . duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of six million, two hundred seventy -six thousand and 001100 Dollars ($6,276,000.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns: for which payment well and truly to be made, we bind ourselves, our heirs. executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors. or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond, otherwise this obligation shall become null and void. 0 E PAGE 17 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in.any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year 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 15TH day of MAY 2000. CASTELLO, INC. Name of Contractor (Principal) UNITED STATES FIDELITY AND GUARANTY COMPANY Name of Surety P. 0. BOX 2382 BREA, CA 92822 -2382 Address of Surety 714/792 -1607 Telephone BY: - f2r?Efi�c�/- ulhorize Signature/Title BY: X ✓-k7 AulK,cized Agent JOHN G. MALONEY, ATTORNEY -IN- -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of CALIFORNIA County of SAN DIEGO On 5/15/2000 before me, KAREN JEAN HALL, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER E. G.,'JANE DOE, NOTARY PUBLIC' personally appeared JOHN G. MALONEY NAMES) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- KAREN JEAN HALL COMM. #1244987 to N - NOTARY PUBUGCAUFORNIA z+ SAN DIEGO COUNTY U) - MY COMMISSION EXPIRES DECEMBER 7, 2003 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, f could prevent fraudulent reattachment of this form. knowledged to me that he /she /they executed the same in his /her /their authorized capacity'ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WINE S my hand and official seal. SIGN TU E OF NOTARY OPTI AL SECTION TITLE OR TYPE OF DOCUMENT. No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRULTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA STATE OF CALIFORNIA COUNTyOF San Diego ) On may 15, 2000 before me, Jo Ann Caspersen, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBUC'~ personally appeared, Morey Rahimi personally known to me to be the persons) whose name() is /arzsubscribed to the within instrument and acknowledged to me that he /s9q� executed the same in his /hecANeix authorized capacity(its), and that by his /hwftek signatures) on the instrument the person(s), or the entity upon behalf of which the persory sj acted, executed the instrument. WITNESS my hand and official seal. (SEAL) V,yi ...,,� Jp gNN C0AW 5EN3- DoN n11B�aae NOTARY PUBLIC- CNlARNIAG) NOTARY PUBLIC IGNATURE "° 1 SAN DIEGO COUNTY 0 COMM. EXR. JULY 14, 2002 y OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIG \ER(S) OTHER THAN NANIED ABOVE - - - -- - -.- _ ......... . ... � _... 7he6s6 L CiFi c, i UP: ?, Qic:a:1 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Undero riters. Inc. St. Paul Mercury Insurance Company Power of Attorney No. 21744 Certificate No. - - - - KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Commute is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make. constitute and appoint John G. Maloney, Helen Maloney and Mark D. Iararola Escondido California of the City of , State , their true and lawful Anomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknoW ledge any and all bonds.. underiakines, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of out arreeing the fidelity of persons, guaram sting the performance of contracts and executing or guaranteeing bonds and undertakings req, bged or Raitnined in any' actions or proceedings allowed by law. fir` 17th April 2000 IN WITNESS WHEREOF, the Companies have caused this insiruma�e,W�ao.ybe a�Gned;atid scaled9his % day of P Seaboard Surety Company 'tytnited States Fidelity and Guaranty Company St, Paul Fire and Manse InsurerSF'Companv Y4 i Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Cwmpan }.k },.' �. Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Comptwy t '�- `^E (✓j_/ /�/ .(�r�('� f .. h 927 AL•o', s,8_xr'.`• :�I 1977 arm JOHN F. PH1 \>\EY, Vice President State of Maryland R. I_`C' City of Baltimore MICHAEL R. MCKIBBEN. Assistant Secretary On this 17th day of _ April 2000 , before me, the undersigned officer, personally appeared John F. Phinney and Michael R. McKibben, who acknowled¢ed themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. - - n • o /�'' In Witness Whereof, f hereunto set my hand and official seal. m� POrgtrY ti� uBIM i My Commission expires the l3th day of July, 2002. 'LpgE c �o REBECCA EASLEI' -0NOKALA. Notary Puhlic 86203 Rev. 11 -99 Printed in U.S.A. 0 September 11, 2003 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC United States Fidelity and Guaranty Company Attn: Peter A. Fjellstad 31919 First Avenue South, Suite 100 Federal Way, WA 98003 Subject: Bonita Canyon Sports Park (C -3270) To Whom It May Concern: On July 22, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 31, 2003, Reference No. 2003000915857. The Surety for the contract is Colonial American Casualty and Surety Company, and the bond number is KF1654. Enclosed is the Labor & Materials Payment Bond.. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Michael J. Sinacori, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC September 4, 2003 0 v Castello, Inc. 457 Corporate Drive Escondido, CA 92029 -1507 Subject: Bonita Canyon Sports Park (C -3270) To Whom It May Concern: On July 22, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 31, 2003, Reference No. 2003000915857. The Surety for the contract is United States Fidelity and Guaranty Company, and the bond number is KF1654. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Michael J. Sinacori, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 • www.city.newport- beach.ca.us ,1 L ds? Q�r 1� f(. m u, m �a 1� I CITY O NJV3O � z x v+ V1 4 x I 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC September 4, 2003 Castello, Inc. 457 Corporate Drive Escondido, CA 92029 -1507 Subject: Bonita Canyon Sports Park (C -3270) To Whom It May Concern: On July 22, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 31, 2003, Reference No. 2003000915857. The Surety for the contract is United States Fidelity and Guaranty Company, and the bond number is KF1654. Enclosed is the Labor & Materials Payment Bond. Sincerely, t v - � LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Michael J. Sinacori, Project Manager encl. 3300 Newport Boulevard ' Post Office Box 1768 Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 www.city.newport- beach.ca.us EXECUTED I" QUADRUPLICATE • BOND NO. l� 54 nEtF=f DICE _TD. _VD !K PIETWOiU.& NCE B GIN D PAGE 1a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 BOND NO. KF1654 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to CASTELLO, INC. hereinafter designated as the "Principal;' a contract for construction of BONITA CANYON SPORTS PARK, Contract No. 3270 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. 3270 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, UNITED STATES FIDELITY AND GUARANTY COMPANY duly authorized to transact business under the laws of the Stale of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of six million, two hundred seventy-six thousand and 001100 Dollars ($6,276,000.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum Specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. ALL- PURPOSE State of CALIFORNIA County of SAN DIEGO On 5/15/2000 DATE before me, KAREN JEAN HALL, NOTARY PUBLIC , NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC- personally appeared JOHN G. MALONEY NAMR(S) OF SIGNERS) [personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized KAREN JEAN HALL capacity ties), and that by his /her /their COMM. #1244987 N NOTARY PUBUC -CAU ORNIA signature(s) on the instrument the person(s), 0 = - SAN DIEGO COUNTY N Or the entity upon behalf of which the ♦ MY COMMISSION EXPIRES DECEMBER 7 2003 1 person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law. R could prevent fraudulent reattachment of this form. WITN SS my hand and official s al. SIGN UR OF NOTARY OPT AL SECTION TITLE OR TYPE OF DOCUMENT No. 5193 OPTIONAL SECTION IiiiiiiiiiiiiiIIIIN CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) TITLES) PARTNER(S) ❑ LIMITED E] GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PEASONjS) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1] E PAGE 15 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 15TH day of MAY , 2000. CASTELLO, INC. Name of Contractor (Principal) UNITED STATES FIDELITY AND GUARANTY COMPANY Jame of Surety P. 0. BOX 2382 BREA, CA 92822 -2382 Address of Surety 714/792 -1607 Telephone BY: A horized Signature(Title BY: Y, 0�> V------, -A JOHN G. MALONEY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COU'NTYOF San Diego ) On May 15, 2000 before me, Jo Ann Caspersen, Notary Public DATE NAME, TITLE OF OFFICER. E.G, "JANE DOE, NOTARY PUBLIC" personally appeared, Morey Pahimi personally known to me to be the personw whose name(s) is/arz subscribed to the within instrument and acknowledged to me that he /std lb&F� executed the same in his /lm V*ir- authorized capacity(irs), and that by his/henitkek signatures) on the instrument the person(s,), or the entity upon behalf of which the persorl� acted, executed the instrument. WITNESS my hand and official seal. 1, JO � YNCAS,PERSENCOM M #'8? ? 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(hereinafter "Castillo ") for construction of the project known as Bonita Canyon Sports Park, Contract No. 3270, (the "Project "). WHEREAS, Surety and Castillo executed Performance Bond No. KF1654 on behalf of Castillo in favor of City as Obligee, in connection with Contract No. 3270. WHEREAS, Castillo under the terms of Contract No. 3270, defaulted in the prosecution of the described work, the City terminated Castillo from the project, and sought performance of the remaining work from Surety under the Performance Bond. WHEREAS, on January 22, 2002, City and Surety entered into a Takeover Agreement ( "Takeover Agreement ") for Surety to satisfy its obligations under the Performance Bond, and to undertake completion of the Project. WHEREAS, on February 12,2003 as contemplated by the Takeover agreement, Surety and Erreca's Inc. entered into an agreement to complete construction of the Project. WHEREAS, on July 15, 2003, Surety requested final payment of $329,920.27, and acceptance of the Project as completed. WHEREAS, the project was completed 576 days beyond contract completion date. Surety has requested City waive liquidated damages in the amount of $288,000.00. WHEREAS, City and Surety have agreed upon a mutually acceptable method for the City to accept the project, and waive liquidated damages in consideration of Surety agreement to release City from all claims and resolve all disputes and liabilities between the Parties. WHEREAS, City and Surety wish to resolve all claims and disputes between them related to Contract No. 3270 and the Takeover Agreement. NOW, THEREFORE, the parties agree as follows: 1. City and Surety agree that: a. The original contract amount is $6,276,000. 0 0 b. The contract amount has been adjusted by 38 change orders, which have resulted in a cumulative increase in the contract of $559,692.66. The resulting adjusted contract balance amount is $6,835,692.66. All amounts have been paid to Castillo or Surety with the exception of retentions in the sum of $325,544.93. 2. Surety accepts payment of $325,544.93 as full and final payment of all amounts owed under the terms of the Contract No. 3270 and the Takeover Agreement. 3. In consideration of Surety's execution of this Mutual Release, City agrees to pay to Surety all remaining retention funds without deduction for liquidated damages. City releases and forever discharges Surety from any and all claims of action, in law or equity, suits, debts, liens, liabilities or any expense of any kind whatsoever known or unknown, including any claims for liquidated damages, extra costs or other expenses which City has or may have or may assess against Surety or its principles for delays in the project, except this release shall not release Surety from, or apply to Surety's following obligations under the Performance Bond: a. Any future claims concerning defects of the Project which are now unknown and "latent" within the meaning of C.C.P. 337.15 which defects are attributable to work performed under the Contract No. 3270. b. Fulfillment of warranty requirements under Contract No. 3270. 4. For valuable consideration received, Surety agrees to defend, release, and forever discharge City from any and all claims of action in law or equity, suits, debts, liens, liabilities or any expense of any kind whatsoever, known or unknown including, but not limited to, any claims for overpayment of retention, for extra costs on site, off site and in home office overhead costs which Surety's principal (Castillo or Erraca's) has, or may have or may claim from work performed on or for the Project. 5. The Parties agree that this is a compromise settlement of obligations and disputed claims, without any admission of liability on the part of any party, and any payments or waivers hereunder shall not be construed as any admissions of liability or responsibility, and therefore the provisions of Civil Code Section 1542 are hereby expressly waived, which statute provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by h im must have material affected his settlement with the debtor." 6. Surety and City agree that this Agreement will bind each of the Parties, their subsidiaries, parents, successors, predecessors and Board of Directors. 7. This Agreement shall not affect or extinguish the liability of Surety to Obligee or third party claimants under the Payment Bonds issued for the Project. SURETY agrees that its Payment Bond shall remain in full force and effect according to the terms contained therein and subject to such limitations and defenses as may exist at law or at equity. 8. In case of conflict between the provisions of this Mutual Release and the Takeover Agreement this Mutual Release shall control. 9. This Mutual Release represents the entire Agreement between the parties and may not be modified, except by written agreement executed by all parties to this Agreement. 10. The parties warrant they are authorized to execute this Mutual Release on behalf of their respective entities and agree to provide documentary evidence of their authority upon request of the other party. 11. The parties hereto do not intend by any provision hereof to create any third party beneficiaries nor to confer any benefit upon or enforceable rights hereunder or otherwise upon anyone other than the parties hereto. In testimony whereof, the parties hereto cause this Mutual Release to be executed by an authorized officer or representative on the day and year first above - written. I hereby certified that I have read all of this Mutual Release, and fully understand it. Under penalty of perjury, the undersigned represents and warrants and he /she has full authority to execute this Release on behalf of the named party. CITY,OF NEWPORT BEACH Name and Title United States Fidelity& Guarantee Company Signature ltEk h. L - Print Name and Title Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder WHEONRRECORDEOD RETURN TOND FEE 2003000915857 09:10am 07131103 City lerk 213 108 N12 1 City of Newport Beach 0.00 0.00 0.00 o.00 o.00 0.00 0,00 0,00 3300 Newport Boulevard Newport Beach, CA 92663 . "Exempt from recording fees pursuant to Government Code Section 6103" ll , NOTICE OF COMPLETION % NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Costello, Inc., of Escondido, California, as Contractor, entered into a Contract on May 9, 2000. Said Contract set forth certain improvements, as follows: Bonita Canyon Sports Park (C -3270) Work on said Contract was completed on July 21 2003, and was found to be acceptable on July 22, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is United States Fidelity and Guaranty Company. Public orks Director City Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on r' at Newport Beach, California. BY r City Clerk CITY OF NEWPORT BEACH + OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC July 23, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Bonita Canyon Sports Park Project (C- 3270); Notice of Completion for the Zone II and IV Pump Station Electrical Improvements Project (C- 3417); Notice of Completion for the Fuel Systems Upgrade Project (C- 3547); and Notice of Completion for the Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School Project (C -3587) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "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 Costello, Inc., of Escondido, California, as Contractor, entered into a Contract on May 9 2000. Said Contract set forth certain improvements, as follows: Bonita Canyon Sports Park (C -3270) Work on said Contract was completed on July 21 2003, and was found to be acceptable on July 22. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is United States Fidelity and Guaranty Company. Korks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on , 3 x E;C' 3 at Newport Beach, California. v BY �'Y7(i- :n City Clerk 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 0 Agenda Item No. 12 July 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori, P.E. 949 - 644 -3311 msinacori@city.newport-beach.ca.us SUBJECT: BONITA CANYON SPORTS PARK— COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3270 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. PROJECT BACKGROUND AND HISTORY: On May 9, 2000, the City Council awarded the $6,276,000 Bonita Canyon Sports Park Improvements contract to Castello, Inc., of Escondido, California. The park has three distinct use areas - East Park, Mid Park, and West Park. The contract included the following basic park components: (a) Three 200 -foot youth baseball fields (b) One multi - purpose baseball /soccer field (c) Mid Park - three mid -youth soccer fields (d) West Park youth soccer fields (f) East Park restroom and equipment storage facilities (g) East Park on the site parking for 240 vehicles (h) West Park on site parking for 115 vehicles (i) East Tot Lot Q) Open spaces with earth berms, pedestrian walking trails, and security lighting (k) Picnic areas In addition to the above described park components, several alternative bid items were considered in the contract documents and added to the project by other Council actions. These items were: 1. West Park Open Space (area south of soccer fields) along MacArthur Boulevard to the Manning Park (approximately 2000 feet) 2. West Park Tot Lot 3. West Park tennis courts SUBJECT: BON17A CANYON SOS PARK — COMPLETION AND ACCEPTANCE CONTRACT NO. 3270 July 22, 2003 Page 2 4. West Park basketball courts 5. Mid Park restroom facility 6. Five decorative park signs (completed by General Services Department Staff (Bold items were approved Alternative Bid Items at time of Award) In November 2001, work on the project stopped due to financial difficulties of the general contractor, Castello, Inc. (Castello). The park was approximately 88% complete and the construction was scheduled for completion in February 2002 with five months of plant establishment and maintenance to follow. The park opening was being planned for July 2002. A number of meetings were held in November 2001 as Castello attempted to obtain financial assistance from the bonding company for the project, The St. Paul Company (Surety). In December the Surety rejected their request. Because of this, the City terminated the Contractor's right to work on the project by letter on December 21, 2001, and also formally requested that the Surety complete the project. On January 22, 2002 the City Council approved the Takeover Agreement with the Surety. The Agreement had stipulated the work begin within 30 days of that approval and be completed within 90 days (which was the remaining contract time for Castello) and the 5 months of plant establishment would begin. The Surety hired Erreca's, Inc to be their completion contactor along with many of the original sub - contractors. As they began work it became painfully apparent that Castello was far from finished and the 90 days was not enough time to complete the project. It was also apparent the cost to finish the project would far exceed the original bid amount. In addition to the problems at the beginning of the take over, the landscape sub- contractor began to have financial difficulties and was removed from the project in November 2002. A new landscape sub - contractor was brought on board and recently completed the required work. St. Paul has financed the completion at their cost and has spent approximately $3,670,000 to date to complete the project (see attached letter). At the time when the Surety took over the contract, approximately 88% or $5,667,365 had already been paid to Castello. The total cost to date to complete the park is over $9.3 million dollars. Since the City's costs are capped at $6.8 million, the Surety is responsible for the overage which currently totals over $2.5 million. The Surety has estimated that their costs at final completion may rise to over $3 million. NOTICE OF COMPLETION AND CURRENT STATUS: The contract has now been completed to the satisfaction of the Public Works, General Services, and Recreation and Senior Services Departments with the exception of West Park's 90 day maintenance. A summary of the contract cost is as follows: Original Award amount (Including West Park Tot Lot and $6,276,000.00 Mid -Park Restroom): Total amount of change orders: $559,692.66 Final contract cost: $6,835,692.66 SUBJECT: BONITA CANYON SP� PARK — COMPLETION AND ACCEPTANCE OF 4WRACT NO. 3270 July 22, 2003 Page 3 Attached is a summary of the 38 change orders. As indicated above, the Surety has expended approximately $2.5 million, to date, in additional funds. For that reason, along with the complications related to this project, they have respectfully requested the relief of liquidated damages for the contract which are estimated to be $280,000 based upon 576 days beyond contract completion date at $500 per calendar day. In light of the amount of funding that the Surety has provided to complete the project, staff agrees that the liquidated damages should be waived. Funds for the project were expended from the following accounts: Description Bonita Canyon Sports Park (Bonds) Bonita Canyon Sports Sewer Improvements Freeway Reservation Park Sewer Main Improvement Program West Park Open Space Improvements (CIOSA) MacArthur Boulevard Landscaping Park and Field Renovation Bonita Canyon Sports Park - Tennis & Basketball Court Improvements Account No. Amount 7441- C4120434 $6,167,500.00 7532- C4120434 100, 000.00 7021- C4120434 48,000.00 7531- C5600292 34,808.30 7432- C5100657 318,294.66 7015- C5100599 33,607.70 7021- C4120431 13,482.00 7021- C4120616 120,000.00 Total $6,835,692.66 After the project is closed there will be $81,701.34 of funds remaining. These funds represent the value of $54,892 credit for the West Park 90 day maintenance period and a portion of the $40,493.88 reimbursement for irrigation water used on the project. These funds will be used by the General Services Department to complete the 90 day maintenance in the West Park and other requested improvements necessary to open the park. The formal opening of East and Mid -Parks is planned for August 24, 2003 and a portion of these funds will be used by the Recreation and Senior Services Department for this purpose. West Park will be open at the completion of the maintenance period later in the Fall. Environmental Review: On March 14, 2000 City Council approved a Mitigated Negative Declaration for this project, which is on file with the City Clerk's Office. Prepared by: I Submitted MiiFhael J. SiKacori, P.E. Principal Civil Engineer Approval Recommended by: Mari Knight, Recreat n and Senior Services Director Attachments: Letter from St. Paul Surety Dated July 15, 2003 Change Order Summary Badum s Director Approval Recommended by: David E. Niederhaus General Services Director StPaul Surety July 15, 2003 0 United States Fidelity and Guaranty Company 31919 First Avenue South, Suite 100 Federal Way, WA 98D03 Telephone -(253) 9451540 Fax:(253) 945.1559 Mailing Address P.O. Box 4669 Federal Way,WA 98063 -4689 VIA FACSixixu (949) 644 -3318 AND FIST CLASS MAIL Mr. Steve Badum City of Newport Beach 3300 — Newport Blvd. Newport Beach, CA 92658 -8915 Re: United States Fidelity and Guaranty Company (USF &G) Principal: Castello, Inc. (Castello) Claim No.: 0400KF1654 46H001 (1) (57) Bond No.: KF1654 Completion Contractor: Erreca's, Inc. (Erreca's) Obligee: City of Newport Beach (City) Project: Bonita Canyon Sports Park, Contract No, C -3270 Subject: Summary of Takeover Agreement and Final Settlement Dear Mr. Badum: This letter is written to follow discussions with the City and Erreca's. Below, is an itemized breakdown of the accounting on this project: Final Contract Balance $6,835,692.66 Amount Paid to Date 6.505,77239 Subtotal 329,920.27 Retention Being Held 325,544.93 Progress Payment '428 4,375.34 The total amount due on the contract to USF &G is $329,920.27. There are pending CCO's as follows: additional landscaping and sidewalk in. West Park (CCO 36), deleting the 90 day maintenance period from West Park (CCO 37), and the credit for water bills (CCO 38). There is a tentative understanding that no liquidated damages will be assessed on this project against USF &G by the City. If the City counsel rejects the current settlement proposals and proceeds with liquidated damages, USF &G reserves the right to renegotiate and pursue additional affirmative claims under the contract. With acceptance of (CCO 36); the City will be accepting West Park prior to the maintenance period being completed. All remaining maintenance work will be completed at the expense of the City. All warranties will be from the date of acceptance by the engineer per specification. All in place Castello work that will require warranty will be covered in accordance with the terms of the contract. 9 0 Mr. Steve Badtun July 15, 2003 Pagge 2 By way of summary, USF &G has expended $3,671,636.14 for performance of the contract and payment of subcontractors and suppliers of Castello (USF &G Payment history attached). In addition, USF &G has expenses of some $17,376.53 for attorney's fees, consultants and miscellaneous expenses. Currently, USF &G has a pending pay estimate due Errecas's in the approximate amount of $iB0,000.00. USF &G also anticipates additional costs and fees related to performance and final payments to Erreca's, final settlements and /or final retention payments to subcontractors and suppliers, additional legal fees and costs in pursuing Castello, individual indemnitors and Flintridge Landscaping, Inc. for potential recovery. It is anticipated that USF &G's net loss after completion of our bond obligations wilt exceed $3,000,000.00. We wish to thank you for your attention to this matter, and look forward to your prompt response to final settlement of this contract. Sincerely yours, United States Fidelity and Guaranty Company Peter A. Fje lstad Sr. Bond Claims Specialist Phone: (253) 945-1542 PAF /bd cc: Mr. Mike Sinacon, City of Newport Beach Ms. Jo Elsinore, Erreca's, Inc. G:1SLMFTYTjd1stad\Caste11o, lnc\KF1654 \1 -City of Nmport a=ah\Badnm- 071503.doc 0 0 Bonita Canyon Sports Park Change Order Summary Change Order No. 1 — Mid Park Wet Soils Placing Geotextile Fabric 8XT per Field Meeting on 7/10/2000 $16,243.00 Fill Test Holes $1,850.00 Extra Excavation @ Canyon Drains @ East Park $30,085.00 Grading "Credit" at Mid Park ($14,079.00) Subtotal CC01 $34,099.00 Total $32,000.00 Change Order No. 2. - Request for Time Extension from Soils Issue (30 days) $0.00 Change Order No. 3 - Modifications to Sewer Mains for Pacific Bell Pothole at Pacific Bell $824.00 Add for Realignment of Sewer line on Ford Road $7,940.35 Additional Depth of Sewer $5,834.40 Delete Sewer Cleanout/PVC ($3,300.00) Total $11,298.75 Change Order No. 4 - Modification of Storm Drain Pipe Material Substitute SDR -35 for specified Schedule 40 PVC ($2,133.00) Substitute HDPE for RCP ($3,481.00) Labor Credit (S7,350.00) HDPE Special fittings $2,968.00 Total ($9,996.00) Change Order No. 5 - Modification to Sidewalk Base Material Credit for deleting Class II base from under all sidewalks ($32,572.00) Credit for not cutting subgrade 4" to receive base ($3,434.00) Credit for reducing walks to 4" thickness ($13,096.00) Installation of wire mesh to 10' walks $5,597.55 Total ($43,504.45) Change Order No. 6 - Structural Changes at Dissipater Structure $1,700.16 Change Order No. 7 - Interfering Utilities (ACP Water Main) Abandon in place 12 inch transite water main $5,000.00 Markup (10 %) $500.00 Total $5,500.00 Change Order No. 8 - Reduction to Street Patching Efforts ($3,856.00) Changer Order No. 9 — Additional Cost for Sewer Main (partial paid by Pacific Bell) Slurry backfill for sewer 8/4/2000 $3,086.60 Hard Rock Excavation 8/7 & 8/8 $4,767.40 Remove Excess Rock 8/9/2000 $2,816.00 Remove Excess Rock 8/10 & 8/11 $5,637.55 Slurry backfill for sewer 8/7/2000 $4,202.00 Sewer Pothole /Delay on Ford Road $3,000.00 Total $23,509.55 Page 1 Bonita C• yon Sports Park Change Order Summary Change Order No. 10 — City Requested change to berms along MacArthur Blvd. $6,108.00 Change Order No. 11 — Value Engineering Changes to Irrigation System ($101,870.00) Change Order No. 12 — Changes for Electrical Connections Penetrate Edison Vaults $3,300.00 Credit for DG Pads vs. Concrete Pads ($408.00) Total $2,892.00 Change Order No. 13 - ElectricallTelephone Services to Site Install telephone and Edison services to three restrooms $59,072.85 Credit for dual trenching of edison and street light conduits ($100.00) Relocate 8" subdrain around 66" outlet structure $1,486.10 Total $60,458.95 Change Order No. 14 — Powder Coat Cable Fencing and Stabilize Outlet Structure Stabilize the outlet structure $5,716.30 Powder coat cable fencing in medians $1,595.00 Total $7,311.30 Change Order No. 15 — Modification to Irrigation Control Valves Epoxy coat master irrigation valves $6,119.30 Re- install T -lock plastic lining into IRWD manhole $1,050.00 Total $7,169.30 Change Order No. 16 — Subsitution of Bleachers and storm drain junction structure installation Substitute Dant - Clayton Co. bleachers for Tomark Sports bleachers $10,208.00 Add JS #1 junction structure and manhole on 66" storm drain $4,162.40 Total $14,370.40 Change Order No. 17 - Add back into contract Tennis and Basketball Courts Add Bid Alternate 3 Tennis Courts" $85,000.00 Add Bid Alternate 4 "West Park Basketball Court" $28,000.00 Total $113,000.00 Change Order No. 18 — Provide and Install conduit for electrical and irrigation Provide and install irrigation sleeving $2,750.00 Install electrical conduit to provide power for West Park restroom $5,372.00 Provide and install roof framing valley hangers and modified beams for restrooms $2,595.24 Total $10,717.24 Change Order No. 19 — Modifications to utilities due to conflicts in plans Modify ballfield pole footing $1,194.16 Install modified domed gratings on storm drain collector inlets $8,570.88 Total $9,765.04 Page 2 0 Bonita Canyon Sports Park Change Order Summary Change Order No. 20 — Modifications to irrigation hardware due to conflicts in plans Increase POC box size $9,912.00 Credit for 4' chain like fencing modifications ($3,450.00) Total $6,462.00 Change Order No. 21 — Modifications to restroom roof, drinking fountain and slope work Install modified copper restroom roof crickets $1,900.00 Repair slope washouts in West Park $3,291.00 Provide and install ceramic tile drinking fountain lid at restrooms $1,951.00 Total $7,142.00 Change Order No. 22 — Modification to planting palate due to tree unavailability Relocate and plant 36" Agonis $8,000.00 Credit for supplying 15 gallon box trees ($3,045.00) Loading and unloading of box Agonis trees $1,822.00 Restocking fee from Valley Crest Landscaping $2,900.00 Deliver and place 36" box trees $1,250.00 Credit for supplying 24" box trees ($7,000.00) Total $3,927.00 Change Order No. 23 — Addition of West Park Landscaping and Irrigation Add West Park Alternate 1 into the contract $332,668.70 Add additional office and field overhead $3,935.00 Total $336,603.70 Change Order No. 24 — Parking lot weedkill prep, slope repairs and misc. painting Provide and place week kill at parking lots $2,150.00 Repair slope washouts in West Park open space $3,207.00 Paint baseball field poles glossy black $2,000.00 Total $7,357.00 Change Order No. 25 — Modifications to planting and irrigation materials Extra application of fertilizer $1,320.00 Install oversize tree staking $2,561.90 Asphalt material price increase 50% allocation agreement $3,575.00 Modifications to soil amendments per agreed upon pricing ($1,637.63) Total $5,819.27 Change Order No. 26 — Modifications to tree planting, slopes and seed materials Provide and install additional soil for added berms $11,250.00 Increase the seed rate of Ballfield 1A mix $3,477.86 Provide additional screening trees in south West Park $1,375.00 Provide additional screening trees in mid West Park $2,310.00 Provide and install jute netting $4,770.00 Total $23,182.86 Change Order No. 27 — Changes to Basketball and Tennis Courts $22,016.38 Change Order No. 28 — Changes to restrooms and backstops $6,961.14 Page 3 0 0 Bonita Canyon Sports Park Change Order Summary Change Order No. 29 — Provide bathroom mirrors, upgrade trees, and mortar in pavers $15,323.77 Change Order No. 30 — Provide in- process modifications to planned facilities Provide and install "skate stopper" bolting on handrails throughout the park $5,235.48 Prime and paint tree grates in the play areas $8,778.92 Provide and install infield irrigation modifications $6,195.94 Total $20,210.34 Change Order No. 31 — Provide multiple items Add Soil Amendments $4,195.14 Modify Restroom Partitions to match walls $1,680.00 Modify restroom doors $1,666.50 Relocate ballfield sprinklers to 60' radius $2,503.08 Raise water access manhole to grade $5,661.05 Add catch bollards to bar swing gates $2,022.02 Raise 4' chain link fencing at midpark to match sidewalk $2,777.50 Modify irrigation heads at midpark $3,365.17 Modify hyroseed mix design ($1,862.40) Credit for rototilling deletion ($24,089.00) Provide and install anti - graffiti paint on pilasters $899.91 Add misc. plants at Eastpark $149.59 Stain drinking fountains to match pavers $2,649.74 Extra work to chip back block wall $194.43 Add mid rails to tennis court fencing $1,706.50 Add catch basin at West Park $944.35 Total $4,463.58 Change Order No. 32 — Provide additional SWPP work along MacArthur Boulevard Void Change Order No. 33 — Provide drainage inlets and mulch binder Add two curb drains $11,037.79 Add three drains adjacent to the West Park restroom $3,316.33 Add binder to mulch topdressing $8,545.61 Total $22,899.73 Change Order No. 34— Provide additional catch basin and inlet piping at Mid Park restroom Install additional storm drain inlet and catch basin at Mid Park restroom 2451.71 Provide watering support services by hand for installed planting 2664.33 Total $5,116.04 Change Order No. 35 — Provide wire mesh grill backing in park restrooms $5,206.06 Change Order No. 36 — Provide misc. changes to the West Park landscape and drainage Landscaping misc. clean up items $6,883.00 Storm drain inlet adjustments and curb drain installations $3,925.00 Remove and replace sidewalk for curb drains in West Park $3,465.20 Provide 2 extra stock removable bollards $400.00 Markup $1,140.23 Total $15,813.43 Page 4 0 0 Bonita Canyon Sports Park Change Order Summary Change Order No. 37 — Credit for delayed 90 day West Park maintenance ($54,892.00) Change Order No. 38 — Credit for water billing during construction and maintenance ($40,493.88) Total Change Orders $559,692.66 Page 5 Aj6.i Fllt A C l Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF &G /Erreca's Inc. on the job of Cih� of Newport Beach — Contract # 3270 located at Bonita Canyon Snorts Park 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 $ Zero Dollars Granstrom Masonry. Inc 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 CONDITIONAL RELEASE FORM. *Note. This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used b-N. it party who applies I'or it progress payment when the progress payment check has not yet cleared the bank. Date Dories sent TO! Q Mayor Q Council Member Q Manager Attorney �t __ F, 1 L 0 A License #395434 12570 Slaughterhouse Canyon Road • P.O. Box 640 • Lakeside, CA 92040 Date / C) Copies Sent To: ❑ Mayor ❑ Council Member }❑i.,�/r anger . / - City of Newport Beach ' �Y Bonita Canyon Sports Park . Job # 02 -8288 /CT ((/ All Final Releases Contract # 3270 ❑ El �.�1i� t- r 4 Baron Brothers Nursery iiv [t�r�i ��� _ 11N/EI,S�� Gina ii�l4"`Y♦� 4 �li�i, $0.00 Boething Treeland Farms, Inc. 4 $0.00 Bravo Sign & Design, Inc. 714 - 771 -5000 4 $0.00 Caneve orCor . 800- 423 -4180 Sandra 4 $0.00 Chamberlain Backhoe Service Ronda 4 $0.00 Craneve or Corp. 800- 423 -4180 Thomas 4 $0.00 Ewles Materials Rachael 4 $0.00 Ewles Materials Rachael 4 $0.00 Fast Flow Concrete Pumping Kimberly 4 $0.00 Gail Materials 909 - 279 -1095 June 4 $0.00 Hanover Specialties, Inc. 631 - 231 -1323 Jeffrey 4 $0.00 Holliday Rock Co., Inc. Diana 4 $0.00 Hub Construction Specialties 909 -889 -0161 4 $0.00 H droscape Products 760- 744 -7360 Gary 4 $0.00 J.K. Harrison Excavation Melinda 4 $0.00 Olsen Pavin stone, Inc. 4 $0.00 Quality Curbs, Inc. 909- 360 -8160 Sandra 4 $0.00 Quick Crete Products Corp. 909- 737 -6240 4 $0.00 Rental EQP - Sunstate Equip, 888- 399 -4826 Connie 4 $0.00 Rental Service Corporation Shelley 4 $0.00 Robertson's Thea 4 $0.00 Royal Plywood Co., Inc. 562 -404 -2989 Stephen 4 $0.00 Valmont Coatings Martin 4 $0.00 Vulcan Materials 619 -298 -0551 Chris 4 $0.00 White Cap 714- 245 -7570 Diana 4 $0.00 Yasuda Tree Nursery I T acy 4 $0.00 TOTAL $0.00 11. If Office Estimating Shop (619) 390 -6400 (619) 390.6400 (619) 443-7551 Fax (619) 443 -2758 (619)443.3002 (619) 443 -7624 •- _1 J`t `I J IJ`j PAGE 9219, • >a` h C Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF&:G /Crreca's Inc.- Flintridee Landscape on the job of City of Newport Beach — Contract # 3270 located at Bonita Canyon Sports park 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 S Zero Dollars Baron Brothers Nursery NOTICE: THIS DOCUMENT WAIVES RIGHTS U'NCO'NDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING LP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN .P,AII). IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. `Note: This furm complies With the rcgatreroents of Civil Code Seaton 326W(J)i41. It is to be used h.. a p.vTy who applies for a progress pa;mcnt when 'Ira progress payment check has not �,et cl awed lire ban ',. FROM :: D • PHONE ND, : 915924926 • Oct. 1H 2002 03:27PM P3 :9/16/2em2 2Z: P�7 6L94472759 ERF7 —cHs It t- fi�gQS'.7f/ a �t tineonditional Wavier and Release Upon Final Payment (Civil Code fi§3262(d)(4)) F:U;E o 2/ o'; 5c n-�� Ji. i c :i tuilt The undersigned has been paid in ful': for all labor, services, equipment or material fi:xnisl:ed to Castello) USF&Q/Erreea's Inc.- Flintridge Landscape oa the jeb of CA* of ISMDOrt Reach Contraet ti 32 ^4 located at B4Pita Csnvon Snorts Park and noes herzL waive and release any right to a mechanic's lien, stop notice, or any right against a labor and nl=rial bond on the job, except for disputce claicros for extra work in the amo.tnt of $ .Zero Dollars Bnethina Tr land Farms. Tnc. Z 4" a J NOTICE; THIS DOCUMENT WAIVE$ RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT 15 ENFORCEABLE AGAINST YOU IF YOU SIGV IT, EVEN IF YOU HAVE NO'I BEEN PAID. IF YOU HAVE NOT SEEN PAID, USE A CONDITIONAL RELEASE FORM. `Nom- Thiz ihrn. co;nplies with the e4ulrt=t5 Of CM Code S -N'ion 3252(d)t4). it i; to be Lwd by a pa,Ty who applies for a progmst payment whoa the prop7 s puymen, eaech bas not yvi cleared the bank. '1F�r i'2217F 1 -i:6' 6194432!68 ERRECA:; I14C PAGE t3't `P•" Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(dl(4)) • The undersiuned has been paid in full for all labor, sanices, equipment or material famished to Castello 1 LSF &G /Erreca's Inc, on the job of Ci ty of Newport Beach - Contract 4 3270 located at Bonita Canyon Sports Park and does hereby waive and release any right to a mechanic's Iicn, stop notice, or any right against a labor and material bond on the iob, except for disputed claims for extra work in the amount of $ Zero Dollars NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOL IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. *Note: TH3 tomr complies wide Jl a requimmews of Ci%il Code Section 3262(4)(4). I! Is o be uycd by a parry who app.ies for a progre ?S p:rvmcnt when [he progresS payment dick has no; yet cicwr d the bark, 0 RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH 11 RE: PROJECT: BONITA CANYON SPORTS PARK Bonita Canyon Drive & Prairie Road Newport Beach, CA PLEASE TAKE NOTICE THAT CRANEVEYOR CORPORATION ( "Claimant ") hereby releases that certain Stop Notice dated and served on March 10, 2003 in the sum of $16,738.70 on that certain public works project commonly known as "BONITA CANYON SPORTS PARK ", located at Bonita Canyon Drive & Prairie Road, Newport Beach, California. June 6, 20 BY: �- ' PANDA L . GURITZKY /Attorney and AAJIhorized Agent for Claimant Date Copies Sent IT C] Alayor ❑ council Member Q Manager [�Attor�ey fl �- I n1i rl� ^nn^ nt.� ri 1adn,7 n i J L c rrMrn&� THr. Tarr na/n� Release Form 4 Unconditional Wavier and Release . Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF &G/Erreca's Inc. & Kemco Engineering on the job of City of Newport Beach — Contract 4 3270 located at Bonita Canyon Sports Park 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 $ Zero Dollars OCT. 25 2 (llatQ / MN (Nama) Cr, nevevor Corn. (Ca Pp Name) TREASURER NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AC 1NOT VnT T4 VrIi�CT�iN �a il}� ii>�n5itt LT,IY %R. NnT nm nv r am - - --- MNnra• TNi, Form compl iw +,ith tha r.quirvmcot of Ci, it C v I. 3a ,tluu 92d2(d)(4), It 15 to oc usea oy a patty who apphes ibr a progress payment when the progress payment check has not yet cleared the bunk. 10/26/2002 17:38 6194432758 • ERRECAS INC Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) • �i a �� PAGE 02103 The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF &G/Erreca's Inc. on the job of City of Newport Beach — Contract 0 3270 located at Bonita Canyon Sports Park 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 $ Zero Dollars Cranevcyor Corp_ (Campmy Name) 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 SEEN PAID, USE A CONDITIONAL RELEASE FORM. *Note: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment when the progress payment check has not yet cleared the bank. u�i. -ln ai.irnii lh:�� thrcr.��+ai�e� • Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) I LL•U17Y4 JJIIU: • r` (� The undersigned has been paid in full for all labor, services, equipment or material Lmished to Castello / USF &G/Er eca's Inc. & La HOW Fire Protection on the job of City of Newport Death _ Contract # 3270 located at Bonita Canyon Sports Park and dots hcrcby 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 $ Zero Dollars __ 22 2002 ChamberlaiR$ackhoeserviice_ (Dne) (Comp..yN�q _Authorized Aaent (N..+) (rk) 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 CONDITIONAL RELEASE FORM. *Note; This form complies with the requirements of Civil Codc Section 3262(d)(4). it is to be used by a party who applies for if process payment when the progress payment check has not yet cleared the bank. OCT. - 1812WRI) 15:52 ERRECWG TEL *94433002 P. 002 /006 Ta�tit „�, Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF &G/Erreca's Ine.on the job of City of Newport Beach — Contract # 3270 located at Bonita Canyon Sports Park 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 S Zero Dollars 10 Z 0 Fwles Materials ( le) X.wpy N..oJ IV tryome) 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 CONDITIONAL RELEASE FORM. *Note: This form complies with the rctluircmcnu of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment when the progress payment check has not yet cleared the bank. OCT. -18' 02 AI) 15;52 ERRECAC TEL61 4433002 a � Release Form 4 t r; -s Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to _Castello / USF &G /Erreca's Inc. - Romero General Construction Corp. on the job of City of _Newport Beach — Contract 4 3270 located at Bonita Canyon Snorts Park 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 $ Zero Dollars Z1 Q �% 1z, JL} F.w)es Matsls (N) J (rilh)�' /lAtiQgZ77�'`�' one• 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 CONDITIONAL. RELEASE FORM. 'Note: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment when the progress payment check has not yet cleared the bank. P. 005/006 1@i19/2002 16:39 6.94432759 ERRECAS INC 0 PAGE 02/03 rG t Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned ha a been paid in full for all labor, services, equipment or material furnished to Castello / USF &G'Erreca's Inc: Ferandell Tennis Courts on the job of Citv of Newport Beach — Contract ! 3270 located at Bonita Canyon Snorts Park and does hereby waive and release any right to i mechanic's lien, stop notice, or any right against a labor and material bond on the job, except ft r disputed claims for extra work in the amount of $ Zero Dollars �-- (Dk) Fa. � ��� Inc. Ori[k) NOTICE: THIS DO --UMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF Yt tU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDI "ZONAL RELEASE FORM. •Note: This form complim with the requirements of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment whcn the progress payment check has not yet cleared the bank. OCT.- 1,8'02(FRI) 15.57 ERR6SINC Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) TEL *4433002 P. 002/004 Vii► �f � � ►Z�� The undersigned has been paid in full for all labor, services, equipment or material famished to Mello / USF &G/Erreca's Inc. on the job of City of Newport Beach — Contract # 3270 located at Bonita Canyon Sports Park 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 $ Zero Dollars 1L_7 �i Gail Materials (pow) (Camp Name) (NIBw) i N THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HA 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 CONDITIONAL RELEASE FORM. 'Note: This forth complies with the requirements of Civil Code Section 3262(dx4). It is to be used by a party who applies for a progress payment when the progress payment check has not yet cleared the bank 10/16/2002 21:59 6194438 ERRECAS INC •CASTE-1 PAGE 04/06 F C Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF &G/Erreca's Inc. on the job of City of Newport Beach — Contract 4 3270 located at Bonita Canvon Sports Park 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 $ Zero Dollars Oct. 14. 2002 RRlliday Rock Co., Inc. (CW; ny N'..1) Asst. Credit tigr. 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 CONDITIONAL RELEASE FORM. *Note: This form complies with the requirements of Civil Code Section 3262(d)(4), It is io be used by a party who applies for a progress payment when the progress payment check has not yet cleared the bank. 19/16/2002 21:59 6194432756 ERRECAS INC ELBOB -20 PAGE 02/06 0 L � — Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in fall for all labor, services, equipment or material furnished to Castello / USF &G/Erreca's Inc: Elite Bobcat Service, Inc. on the job of City of Newport Beach — Contract 4 3270 located at Bonita Canyon Sports Park 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 $ Zero Dollars Oct. 14, 2002 Holliday Roc o Inc. (Company Nmn••) Asst. Credit Mgr. (ra0 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 CONDITIONAL RELEASE FORM. "Note: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment when the progress payment check has not yet cleared the bank. 1 0/19/2062 17:47 6194432758 EPPECAS INC • 4 � � C G Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) PAGE 02/03 T y' �1 r � The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello I USF &GIErreca's Inc. on the job of City of Newport Beach — Contract 0 3270 located at Bonita Canyon Sports Park 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 5 Zero Dollars Q 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 CONDITIONAL RELEASE FORM. ',Vote: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment when the progress payment check has not yet cleared the bank. Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) f. The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF &G/Erreca's_ Inc. on the job of City of Newport Beach — Contract # 3270 located at Bonita Canyon Sports Park 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 $ Zero Dollars Hydro -Scape Products (COMP � Nu ) 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 CONDITIONAL RELEASE FORM. "Note: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a parry who applies for a progress payment when the progress payment check has not yct cicarod the bank. 1011'/20 0 -7 1E: 7 619414 70 EPPECA!-4 IIIC • F GE t92:'E CE Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in ;all for all labor, services, equipment or material furnished to Castello / USF &G/Erreca's Inc: Elite Bobcat Service, Inc. on the job of City of Newt ort Beach — Contract # 3270 located at Bonita Canvon Snorts Park and does hereby waive and release any right to a mechanic's lien, stop notice, or anv right against a labor and material bond on the job, except for disputed claims for extra -work in the amount of S Zero Dollars W.1 .. `�.' ►. 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 CONDITIONAL RELEASE FORM. "Note This form complies with the requirements of Civil Code Section 3262(d)(4) It is to be used by a pam, who applies for a progress pa=cnt whcn the progress pavonent check has not yet cleared the bartk. 10/16/2002 22:42 61944321 ERRECAS IhC . PAGE 02/04 r. Release Form 4 Unconditional Wavier and Releasz Upon Final Payment (Civil Code §3262(d)(4)) 1 F •.s.� The undersigned has been paid in full for all labor, services, equipment or material Aumished to Castello / USF &G/Erreca's Tnc..- Network Pavers on the j)b of City of Newoart Beach _ Contract # 3270 located at Bonita Canyon Sports Park 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 $` Zero Dollars �G /• ,2�f..aOp.Z tomq ' (Now) Olsen Eayinggtone, Inc. (Colnpm, Nome) (rifle) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSF. 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 CONDITIONAL RELEASE FORM. "Note: This form complies with the rcqulremfentc of Civil Co lc Section 3262(d)(4) It is to be used by a party wt o applies for a progress payment when the progress payment :heck has not yat cleared the bank. OOT.- l8'021FRi1 16:39 ERREOINO TEL 61 433002 P. 002 /003 l,.:, *€?!ven Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) L The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF &G /Erreca's Inc. on the job of City of Newport Reach — Contract 0 3270 located at Bonita Canyon Sports Park 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 $ Zero Dollars Quick Crete Products Corp_ (aue) (C10 {1mpr[nS�W(mje) M,mr) l'Oilq NOTICE; THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT 15 ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM, -Note: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment when the progress payment check has not yet cleared the bank. 10/16/2002 22:15 6134458 ERRECAS INC • PAGE 02/03 Release Form 4 Unconditional Wavier and Release Upon Final Payment i (Civil Code §3262(d)(4)) a The undersigned has been paid in full for all labor. services, equipmen "i � 31- tshed to Castello / USF &G/Erreca's Inc: Flintridge Landscape on the job of City - wPort Beach — Contract # 3270 located at Bonita Canvon Sports Park 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 S Zero Dollars •"' �-- fC- 1W- L.L/Lf['- .L�IC- elZ7KL;r[�C� C.. Rental FOP ✓ �/ 'D"4) (Compaq N—) 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 CONDITIONAL RELEASE FORM. 'Note: This form complies with the requirements of Civil Code Scotian 3262(d)(4). It is to be used by a parry who applies for a progress payment whin the progress payment check has not yet cleared the bank. 10/19/2002 17:12 6194432 ERRECAS INC • Release .Form 4 Unconditional' Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) PAGE 02/03 The undersigned has been paid in full for all labor, services, equipment or material fumished to Castello / USF &G/Erreca's Inc. -- Ace Fence Co. on the job of City of Newport Beach Contract N 3270 located at Bonita Canyon Sports Park 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 $ Zero Dollars (Tide) NOTICE: THIS DOCt MENT 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 CONDITIONAL RELEASE FORM. *Note: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment whcn the progress payment check has not yet cleared the bank. 10i19%2 p@'2 15:13 519442755 • ERR.ECAS TK 3 a. Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)1 PAGE @I:/e7 tll �si l The undersigned has been paid in fill for all labor, services, ery pment or material famished to Castello / USF &GIErreca's Inc: Ferandell Tennis Courts ! o i the iob of City of Newport Beach — Contract q 3270 located at Bonita Canyon Snorts Park 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 S Zero Dollars J c.,rl ,P4 .�cL L(.::I E; /!-. 'L/';� -.J t- rG-.T24 NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY-AND STATE AT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS, THIS DOCUMENT IS ENFORCEABLEr �r- / AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU .HAVE NOT BEE N'Z t �!L PAID, USE A CONDITIONAL RELEASE FORM. 4IM17Ls "Nvc This form complies with the requiecm:nts of Civil Codc Section 3262(d;(4). it is to be used by a party wau arplics for a progress payment whoa the progress payment check has not pet cleared the bur;. OCT. 18 021FR 1 lo: 15 ERREGdSiv^ TEL :6194433002 P.0021003 �gPyy'�� lei Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello I USF &G/Erreca's Inc. on the job of City of Newport Beach — Contract # 3270 located at Bonita Canyon Sports Park 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 S Zero Dollars OCTO ER 21, 2002 7 IN,mq Royal P1mood Co., Inc (Cam,.,, N,me) STEPHEN S. FULLER — CONTROLLER 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 CONDITIONAL RELEASE FORM. "Note: This form complies with the rcluiremcros of Civil Cnde Section 3262(d)(4). It is to he used by a party who applies for a Progress payment when the orogrecs payment check has not yat cleared the bank. OCT. - IF 021FRI1 16 10 ERREC:aSINC TEL :6194433002 • - _ - 0 -- - - V � y ±fir Lie,q a11� I Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) q �y P.002 /003 The undersigned has been paid in full for all labor, services, equipment or material furnished to Castgllo / USF &G/Erreca's Inc- Metro Steel on the job of City of Nenart Beac Contract # 3270 located at Bonita Canyon Sports Park 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 S Zero Dollars C- mB L' �`4 '� mast NOTICE: THIS DOCUMENT WAEEN HAVE BEEN PAID FOR GIVING AGAINST YOU IF YOU SIGN IT, E PAID, USE A CONDITIONAL RELE YgII{tellt natin a Cl%JWeat G111yanizinug / (U-M N—) r nIe 5 UNCONDITIONALLY AND STATES THAT YOU RIGHTS. THIS DOCUMENT IS ENFORCEABLE HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN *Nate: This forth complies with the requirements of Civil Codc Section 3262(d)(4). It is to be used by a parry who applies for a progress payment when the progress payment check has not yet cleared the bank. CALMAT CO. 298 1042 10/21 Cxxt�,ub llw '0)2 08:49 NO.551 02/03 lot lb /YbUle ZY: lb blyau,�L 169 OCT ?36ve Release Form 4 Unconditional Wavier and Release Upon Final payment (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello I USF &G/Erreca's Inc.- Romero General Const. on the job of City of NUEVO t each — Contract # 3270 located at Bonita Carryon Sports ,Park 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 $ Zero Dollars L > lDrk) 1�-� -- Mu =) Vplean Materials Cn f alm9t Div. (C.-My NU l t •) 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 CONDITIONAL RELEASE FORM. 9Natc: This form eompli�z with the requirements of Civil Code Section 3262(dx4) it is to be used by a party who applies for a Progress payment when die progress payment check has not yet cleftred the bunk i 10/19/2002 17 :49 6194432758 • ERRECAS INC ui. Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) PAGE 02/03 The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF &G/Erreca's Inc. on the job of City of Newport Beach — Contract # 3270 located at Bonita Canvon Sports Park 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 $ Zero Dollars White Cap 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 CONDITIONAL RELEASE FORM. *Note: This form complies with the roquircmcnts of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment when the progress payment check has not yet cleated the bank. OCT 21 2002 11:32 6194432758 PAGE.02 W =hi t c PRO - CONTRACTOR SUPPLIER CONDITIONAL WAIVER AND RELEASE UPON IYAL FIP' MENI Civil Code .3'v:2 !d) iC) Upon receipt by `,. n der'signed of c� 1 eck fr ^om in the Sum payable to ERRECA= S TNC. AND W}4 T E CAP INDS,, INC, and when the check has been properIv endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or, bond right the under - siq_ned has on the .job of .............................. located at BONITA CYN SPORTS F'r=tRK 1701 112 FORD RD NEWPORT BEACH CA This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the .job, except for disputed claims for additional work in the amount of $.00 Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. DATED: WHITE CAP INDUSTRIES, INC. OCTOBER E1, S002 ! BY NOTE This form of release complies with the requirements of Civil Code Section 3252 (d) tai. It is not effective until the check that constitutes final payment has been properly endorsed and has cleared the bank. I THE WHITE CAP INDUSTRIES, INC. • CREDIT DEPARTMENT • SO. CALIFORNIA • SOUTHWESTERN STATES P.D. BOX 177D • COSTA MESA, CA 92628 • (714) 245 -7570 • FAX [714] 245 -7581 PRO-CONTRACTOR SUPPLIE,00#) �J�*° SCHEDULE OF INVOICES FOR RELEASE # 123195 RELEASE DATE: 10/21/02 APPROVAL CODE - 1199059 1199000 CF ERRECA`S INC. P.O. BOX 6421 LAKESIDE CA 92040 ----------------------'-------~-- INVOICE --------------------------------- DATE AMOUNT 062897 7/03/02 52^81 ' 074806 7/09/02 57^56 099273 7/15/02 61^92 BALANCE --------` 52^81 57.56 61"92 | THE WHITE CAP INDLISTFIES. INC. - CREDIT DEPARTMENT - SO. CALIFORNIA . SOUTHWESTERN STATES P.O. BOX 1770 - COSTA MESA, CA 9262B - (7141245-7570 . FAX [7141 245-7581 10/19/2002 17:35 6194432758 • ERRECAS INC Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) PAGE 02/03 f1C 2 3 ZIdU1 The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello I USF &G/Erreca's Inc. — Flintridee Landscape on the job of City of Newport Beach — Contract # 3270 located at Bonita Canyon Snorts Park and does hereby waive and release any right to a mechanic's lien, stop notice, or airy, right against a Iabor and material bond on the job, except for disputed claims for extra work in the amount of S Zero Dollars Uc±pUt/L 21 200 2 Yagud& Tree Nurser; IDrtO) (lienyr ^ny Name) r o at t 9.90 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 CONDITIONAL RELEASE FORM. `Note: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a party who applies for a progress payment whcn the progress payment check has not yet cleared the bank. 10/16/2002 22:54 6194408 Release F +. Unconditional Wavier Upon Final Pai+ (Civil Code §326) IFJC 0 ease i �11� ♦ � PAGE 02/04 The undersigned has been paid in full for all labo - s, equipment or material furnished to Castello / USF &G /Erreca's Inc. on the job of Newport Beach — Contract # 3270 located at Bonita Canyon Sports Park and d•, waive and release any light to a mechanic's lien, stop notice, or any right against a material bond on the job, except for disputed claims for extra work in the amount of S _,o liars (DmcJ NOTICE: THIS DOCUMENT WAIVES RIGHTS HAVE BEEN PAID FOR GIVING UP THOSE V AGAINST YOU IF YOU SIGN 1T, EVEN IF YOU HA PAID, USE A CONDITIONAL RELEASE FORM. `Vote: This form complies with the requirements of Civil Code Se progress payment when the progress payment cheek has not yet cler olio, Curbs Inc (c,w.y /N.0 1 tTw<J \ALLY AND STATES THAT YOU '! MS DOCUMENT IS ENFORCEABLE I;EEN PAID. IF YOU HAVE NOT BEEN 1), It is to be used by a pmiy who applies for a .ip. or, v , �\ p 9z5z = . OCT. - 18102(FRI) lb: 11 ERJ&ASINC TEfi94455002 P.002/005 J l irylr. Ly Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) The undersigned has been paid in full for all labor, services, equipment or material famished to Castello / USF &G/Erreca's Inc. on the job of City of Newport Beach — Contract # 3270 located at Bonita Canyon Sports Park 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 $ Zero Dollars Hanover Spg�ja�jev, lnc. /(CompenYNma) i s C� T7C I' ❑ltlt) 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 CONDITIONAL RELEASE FORM. *Note: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a parry who applies for a progress payment when the progress payment cheek has not yet cleared the hank. a_ a � R Y i � ��i� � g, �l,,0ctrrai��o' Release Form 4 Unconditional Wavier and Release Upon Final Payment (Civil Code §3262(d)(4)) �? 3456 h ' nt oc. 5 2003 r� The undersigned has been paid in full for al: labor, services, equipment or material furnished to Castello / USF &G /Erreca's Inc. on the job of City of Newport Beach — Contract # 3270 located at Bonita Canyon Sports Park 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 $ Zero Dollars `// '?, Paulus Engineering + o po ,,.a,,�O T,,4fl (Name) Milo 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 CONDITIONAL RELEASE FORM. 'Note: This form complies with the requirements of Civil Code Section 3262(d)(4). It is to be used by a party who applies for it progress payment when the progress payment check has not yet cleared the bank. Nle C^w;os c°nt To: C.1 'ia�or ❑ G ^unnl Mernber ___ ❑ ,'imager ��tttart�ay _ , � c A � _ C7 0 �,E04EIfl1lvo9 Release Form 4 Unconditional Wavier and Re Upon Final Payment (Civil Code §3262(d)(4)) 0 /�4»rdi y,0 AA n 0 lease l7z�. The undersigned has been paid in full for all labor, services, equipment or material furnished to Castello / USF &G /Erreca's Inc. on the job of City of Newport Beach — Contract 4 3270 located at Bonita Canvon Sports Park 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 $ Zero Dollars ," %ICI �i�;:•rlr.;' NOTICE: THIS DOCUMENT WAIVES RIGH HAVE BEEN PAID FOR GIVING UP THOS AGAINST YOU IF YOU SIGN IT, EVEN IF,YO PAID, USE A CONDITIONAL RELEASE FORM. ( " "'r tf � l' 9 G�CIONDITIONALLY AND STATES THAT Y4 RIGHTS. THIS DOCUMENT IS ENFORCEABLE HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN *Note: This form complies with the requirements of Civil Code Section 3262(4)(4). It is to be used by a party who applies for it progress payment when the progress payment check has not yet cleared the bank. �I G ()3t8 Copies Sant IT .AT-or StPdul Surety* April 16, 2002 Ms. Jo Elsmore Erreca's, Inc. 12570 Slaughterhouse Canyon Rd Lakeside, CA 92040 r, United States Fidelity and Guaranty Company 31919 First Avenue South, Suite 100 Federal Way, WA 98003 Telephone:(253) 945 -1540 Fax:(253) 945 -1559 Mailing Address P.O. Box 4689 Federal Way,WA 98063 -4689 Principal: Castello, Inc. Claim No.: 0400KG1654 46H001 Bond No.: KF 1654 Obligee: City of Newport Beach Project: Bonita Canyon Sports Park: Irrigation, Electric & Concrete Dear Ms. Elsmore: Enclosed please find copies of the following releases for the above referenced project. Arrow Asphalt Recycling Barendt Construction/Laserturf Southwest Hydro -Scape Products. Inc. Neff Rentals Pacific Paradise United Green Mark, Inc. United Rentals Also enclosed is a copy of the assignment in the Aguinaga Fertilizer Company litigation matter. Please let me know if you need any further information. Best regards, United States Fidelity & Guaranty Company � • ; . � l .. i� �. �'. is i l,i!. �J. Brenda F. Sehauers BES /bes G ^St ;RrTY\FJelkmd \('agello, lnclKFI 654 \57- Fnucu's. Inc. - Completion ContraetoM it;niore- 041603. loc Date 1> G Copies Sent To: ❑ Mayor D Council Member D ta,,naer Attorn A �R -09 -03 10:1,6 FROM :BOOTH.MITCHEL &STRANGE LLP 1D:7144B0e533 F'Ai;t ASSIGNMENT From Aguinaga Fertilizer Company to United States Fidelity & Guaranty Company of Rights and Proceeds KNOWN ALL MEN BY THESE. PRESENTS THAT, Aguinaga Fertilizer Company ( "Aguinaga"), hereby intending to be legally bound, and in consideration of One Hundred Eleven Thousand, Eight Hundred Seventy Eight and 29/100 ($111,875.29), and other good and valuable consideration, the receipt whereof is hereby acknowledged, for itself and its successors and assigns, does hereby assign, transfer and set over onto United States Fidelity & Guaranty Company, its successors and assigns (hereinafter collectively referred to as "USF &G'�, all of its right, title and interest in and to any and all payments on account of estimates, change orders, including the final estimate, final payment, retainage, stop notice rights, bond rights, and any other money now due or hereafter to become due, arising out of the construction contract and litigation described and identified as follows: Contract: Bonita Canyon Sports Park Project for the City of Newport Beach Litigation: Aguinaga Fertilizer Company v. City of Newport Beach, Orange County Superior Court Case No. 02CC16176 Together with all rights of action accrued or which may accrue thereunder; and Aguinaga hereby constitutes and appoints USF &G as its true and lawful attomey -in -fact, irrevocably in the premises, to do and perform all acts, matters, and things touching upon the premises, in like manner, and to all intents and purposes as Aguinaga could by acting through an authorized representative. Aguinaga herein authorizes USF &G to proceed in the litigation as assignee of Aguinaga and to receive all payments from the Project Owner and to endorse the name of Aguinaga on the same and to collect any and all funds due or to become due pursuant thereto. This authorization, assignment, and direction are irrevocable without the express written consent of USF &G. C:WCS4CKNn508150HZt508&2=s - =.wpd(239) -1- APR 09 2003 10:35 7144806533 PAGE.e2 G, A4R -09 -03 10:16 FROM:900TH.MITCHEL &STRANGE LLP ID ;7144Boe533 PAGE 3/3 IN WITNESS WHEREOF, Aa inaga has caused this Assignment to be executed by its duly authorized officer this .2 G day of February, 2003. AGUINAGA FERTILIZER COMPANY BY: 'k Z /�— Its: E''i, .-. Z/,, >r ', _"grt" -5 --- C: �DOCS\CKM \508\50882150882usipLwpd(239) -2- APR 09 2003 10:35 7144908533 PAGE.03 �estPaul • Unitellt , Fidelity and Guaranty Company RECEIPT, RELEASE, AND ASSIGNMENT St Paul Surebi claims CLAIM NUMBER: 040OKFI65446H001 BOND NUMBER: KF1654 PRINCIPAL: Castello, Inc. OBLIGEE: City of Newport Beach JIVAStarp DESCRIPTION OF PROJECT: Bonita Canyon Sports Park— Irrigation, Electric, Concrete CLAIMANT: Arrow Asphalt Recycling n In consideration of the payment of Seven Thousand Five Hundred Dollars ($7,500.00) and all sums heretofore paid, if any, by St. Paul Fire and Marine Insurance Company /Seaboard Surety Company/USF &G/FGIC (hereinafter "The St. Paul Surety"), receipt and sufficiency of which is hereby acknowledged, Arrow Asphalt Recycling does hereby release, acquit, exonerate, and discharge The St. Paul Surety and Castello, Inc. from all acts, suits, claims, damages, and liabilities whatsoever on the account of the claim filed for labor, material, or services furnished for use in the performance of the above - described project which constitutes a claim against the above - identified bond(s). Undersigned agrees that receipt of these funds from The St. Paul Surety does not release undersigned from any obligations which may remain under its subcontract/agreement with Castello, Inc, in connection with the captioned project, including punch list and warranty- work. Undersigned hereby acknowledges that The St. Paul Surety is subrogated to all rights which Undersigned has against all persons, firms, or corporations who have benefited from the labor, material or services furnished for use in the performance of the above - described project; and, to secure said subrogation rights, Undersigned hereby assigns and transfers to The St. Paul Surety all rights of Undersigned against said persons, firms, or corporations. Undersigned hereby certifies, covenants and warrants that all persons who have furnished labor, material, equipment or services to Undersigned on the above- described Project have been paid in full, and Undersigned agrees to indemnify and hold harmless The St. Paul Surety from any and all liabilities, losses and in the event The St. Paul Surety is required to pay or defend any claims made by any such persons. Undersigned agrees that upon receipt of the foregoing sum, any and all liens placed on the project or on public funds in connection with this project shall be released. Signed, sealed, and delivered this a?_3 day of / Ceo3 h,&i,o200� ,A-) Jz2PkI.at�L j I� Arrow Asphalt Recyclying By: Its: ATTEST: 1tlesi phut 0 0 RECEIPT, RELEASE, AND ASSIGNMENT St. Paul Stare Ui pis :re Y �Im livesi©rrl oiyisior S n Division CLAINI NUMBER: 0400KFI654 46H001 (62) BOND NUMBER: KF1654 PRINCIPAL: Castello, Inc. OBLIGEE: City of Newport Beach DESCRIPTION OF PROJECT: Bonita Canyon Sports Park - Irrigation, Electric, Concrete CLAIMANT: Barendt Construction/Laserturf Southwest In consideration of the payment of Thirteen Thousand, Eight Hundred Forty Seven and 00 /100 Dollars ($13,847.00) and all sums heretofore paid, if any, by St. Paul Fire and Marine Insurance Company /Seaboard Surety Company/United States Fidelity and Guaranty Company/Fidelity & Guaranty Insurance Company (hereinafter "The St. Paul Surety"), receipt and sufficiency of which is hereby acknowledged, Barendt Construction/Laserturf Southwest does hereby release, acquit, exonerate, and discharge The St. Paul Surety and Castello, Inc. from all acts, suits, claims, damages, and liabilities whatsoever on the account of the claim filed for labor, material, or services furnished for use in the performance of the above - described project which constitutes a claim against the above - identified bond(s). Undersigned agrees that receipt of these funds from The St. Paul Surety does not release undersigned from any obligations which may remain under its subcontract/agreement with Castello, Inc. in connection with the captioned project, including punch list and warranty work. Undersigned hereby acknowledges that The St. Paul Surety is subrogated to all rights which Undersigned has against all persons, firms, or corporations who have benefited from the labor, material or services furnished for use in the performance of the above - described project; and, to secure said subrogation rights, Undersigned hereby assigns and transfers to The St. Paul Surety all rights of Undersigned against said persons, firms, or corporations. Undersigned hereby certifies, covenants and warrants that all persons who have furnished labor, material, equipment or services to Undersigned on the above- described Project have been paid in full, and Undersigned agrees to indemnify and hold harmless The St. Paul Surety from any and all liabilities, losses and in the event The St. Paul Surety is required to pay or defend any claims made by any such persons. Undersigned agrees that upon receipt of the foregoing sum, any and all liens placed on the project or on public funds in connection with this project shall be released. Signed, sealed, and delivered this cC i day of �Q �u aCU3 Barendt Construction/Laserturf Southwest By: Its: l ATTEST:( /yyyl GC- WVIT, RELEASE AND ASSIGNMOT N CONSIDERATION of the payment of Four Thousand, Six Hundred Fifty and 70 /100 Dollars (54,650.70) by United States Fidelity & Guaranty Company, the undersigned releases said company from all claims of any nature which the undersigned may have against said company as Surety on Bond covering the following contract: Name of Contractor: Castello, Inc. Name of Obligee: City of Newport Beach Description of Contract: Bonita Canyon Sports Park, Irrigation, Electric & Concrete Bond No.: KE 1654 In further consideration of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to said Surety its above - mentioned claim or cause of action against Castello, Inc. and/or Flintridge Landscape Co., Inc. together with all of its rights, title and interest in and to said claim, or cause of action; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand, receipt for and enforce payment of the said claim, and at its own expense to sue for the said sum so assigned either in the name of the undersigned, or in its own name. As a further inducement to Surety for making payment at this time, undersigned hereby agrees that all guarantees and warranties required under the terms of the aforesaid contract pertaining to the work, labor and materials furnished by the undersigned shall remain in full force and effect in accordance with their terms which, however, shall not be extended nor enlarged hereby. As further inducement to Surety for making payment Hydro -Scape Products, Inc. will file a release of Stop Notice with the City of Newport Beach on any Stop Notices filed and provide Surety a copy of the Release of Stop Notice filed. The undersigned further warrants and represents and hereby certifies that all just and lawful billings, accounts and/or amounts due from the undersigned and/or its subcontractors or material suppliers for labor, material, equipment employed in the performance of this contract have been fully paid in accordance with the terms and conditions of said contract(s) and that there are no amounts for which the undersigned would be responsible under the above agreement, all amounts having been fully paid and other terms of the relevant subcontract, material supply contract or purchase order having been fully complied with by the undersigned. Date: December 9, 2002 HydrolScp-,�'Products, Inc. in Its: Felicia Espinoza — This document must be executed before a Notary Public and include the attached Notary Acknowledgment. St. Oa11 suretl OaArr+s ent 7i)�L OPTIONAL SECTION Pa .-e I of 2 western Division r state of California Countyof San Diego VZ(k11��i'I(�y Cynthia D. Fo al Notary Public On tb before me, CY Fog al, OT , DATE NA.NE, TITLE OF OFFICER - E G. JANE DOE, NOTARY PL'aGC personalty appeared Felicia Espinoza NdhfE(S) OF SIGNER(S) L31 personally known to me -OR- f to be the n sgdr€ p y ip subscribed to the within subscribed heir CYNTHIA D. FOGAL instrument and acknowledged Commission # 1250244 z Noteay Public Corifomia to me that V /�i it s' executed - the same in is it San Diego County + authorized capaci�(iV), and h My Ccmm.F�iresJcn17,2M4 that by IT rsienatur4) �[ x - 1.1.- •-- - - -1-1- on the instrument the person(A), or the entity upon behalf of which the person( acted, executed the instrument. CYNTHIA D. FOGAL I .! Commission # 1250244 WITNESS my hand and official seal. Notary Public - Califomia err San Diego County MY Cantu, EX" res Jan 17,2M4 f Si,atureofNOta THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Thweh the data requested here Is not required by law, it could prevent fraudulent reanachatent of this form. CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN//CCONSERVATO' ©/ OTHER: i J / / /GI�'�C f� elfl%t OPTIONAL SECTIO ' TITLE OR TYPE OF DOCJUMENT�O)& 77 � �.� �/, 77, ir•'' NUMBER OF PAGES ! DATE OF DOCUMEN I;a!�C7YI�� �I. 3ex1 SIGNER(S) OTHER THAN NAMED ABOVE /—�- 8t. Paul surety Claims 702 t111esterrl ovisiorl Page 2 of 2 0 0 RELEASE OF STOP NOTICE TO: Attn: Controller State of California - Dept. Of Transportation P.O. Box 942874. Sacramento, CA 94274 -2000 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated February 14, 2002, in the amount of $4.135.62 against The State of California - Dept of Transportation as owner or public body and Castello. Inc., as prime contractor in connection with the work of improvement known as: Irrigation & Replace Planting A Hwy 54 Contract: #11074904 Bond:# KA 6500. Sweetwater Road Overcrossine to Reo Dr. Overcrossine. San Diego. CA in the County of San Diego, State of California DATED: December 9, 2002 NAME OF CLAIMANT: HYDRO SCAPE PRODUCTS, INC. F licia Espinoza / uthorized A ent VERIFICATION I, the undersigned, say: I am Authorized Agent of the claimant of the foregoing Release of Stop Notice and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 9, 2002, at Escondido, California. SL. palii Vt_ie+l; owisior, SUM Surety 0 0 RECEIPT, RELEASE, AND ASSIGNMENT Sr, 'ai.ii Surew C'!arYls 0I I CLAIMNUMBER: 0400KF165446H00t(77) BONDNUMBER: KF1654 PRINCIPAL: Castello, Inc. OBLIGEE: City of Newport Beach DESCRIPTION OF PROJECT: Bonita Canyon Sports Park CLAIMANT: Neff Rentals In consideration of the payment of Ten Thousand, Six Hundred Fifty Two and 56/100 Dollars (S 10,652.56) and all sums heretofore paid, if any, by St. Paul Fire and Marine Insurance Company /Seaboard Surety Company/United States Fidelity and Guaranty Company/Fidelity & Guaranty Insurance Company (hereinafter "The St. Paul Surety"), receipt and sufficiency of which is hereby acknowledged, Neff Rentals does hereby release, acquit, exonerate, and discharge The St. Paul Surety and Castello, Inc. from all acts, suits, claims, damages, and liabilities whatsoever on the account of the claim filed for labor, material, or services furnished for use in the performance of the above- described project which constitutes a claim against the above- identified bond(s). Undersigned agrees that receipt of these funds from The St. Paul Surety does not release undersigned from any obligations which may remain under its subcontract/agreement with Castello, Inc. in connection with the captioned project, including punch list and warranty work. Undersigned hereby acknowledges that The St. Paul Surety is subrogated to all rights which Undersigned has against all persons, firms, or corporations who have benefited from the labor, material or services famished for use in the performance of the above- described project; and, to secure said subrogation rights, Undersigned hereby assigns and transfers to The St. Paul Surety all rights of Undersigned against said persons, firms, or corporations. Undersigned hereby certifies, covenants and warrants that all persons who have furnished labor, material, equipment or services to Undersigned on the above - described Project have been paid in full, and Undersigned agrees to indemnify and hold harmless The St. Paul Surety from any and all liabilities, losses and in the event The St. Paul Surety is required to pay or defend any claims made by any such persons. Undersigned agrees that upon receipt of the foregoing sum, any and all liens placed on the project or on public funds in connection with this project shall be released. ���,�� Signed, sealed, d, livered this-) J day of Neff BY: /1 �d_X -P /4 5 Its: f-� P l i i Pd 4 q� t 1 ATTEST: ThesUbul RECEIPT, RELEASE, AND ASSIGNMENT CLAIM NUMBER: 0400KF1654 46H001 (78) BOND NUMBER: KF1654 PRINCIPAL: Caste OBLIGEE: Cit of Newport Beach DESCRIPTION OF PROJECT: Bonita Canyon Sports Park CLAIMANT: Pacific Paradise In consideration of the payment of Seven Thousand, Nine Hundred Eighty Three and 79/100 Dollars (57,983.79) and all sums heretofore paid, if any, by St. Paul Fire and Marine Insurance Company /Seaboard Surety Company/United States Fidelity and Guaranty Company/Fidelity & Guaranty Insurance Company (hereinafter "The St. Paul Surety"), receipt and sufficiency of which is hereby acknowledged, Pacific Paradise does hereby release, acquit, exonerate; and discharge The St. Paul Surety and Castello. Inc. from all acts, suits, claims, damages, and liabilities whatsoever on the account of the claim filed for labor, material, or services furnished for use in the performance of the above- described project which constitutes a claim against the above - identified bond(s). Undersigned agrees that receipt of these funds from The St. Paul Surety does not release undersigned from any obligations, which may remain under its subcontract/agreement with Castello, Inc. in connection with the captioned project, including punch list and warranty work. Undersigned hereby acknowledges that The St. Paul Surety is subrogained to all rights which Undersigned has against all persons, firms, or corporations who have benefited from the labor, material or services furnished for use in the performance of the above- described project; and, to secure said subrogation rights, Undersigned hereby assigns and transfers to The St. Paul Surety all rights of Undersigned against said persons, firms, or corporations. Undersigned hereby certifies, covenants and warrants that all persons who have furnished labor, material, equipment or services to Undersigned on the above- described Project have been paid in full, and Undersigned agrees to indemnify and hold harmless The St. Paul Surety from any and all liabilities, losses and in the event The St. Paul Surety is required to pay or defend any claims made by any such persons. Undersigned agrees that upon receipt of the foregoing sum, any and all liens placed on the project or on public funds in connection with this project shall be released... Signed, sealed, and delivered this !� % day of _4,41 GGZr1 r niG3 By: Its: (� ATTEST: ° 1 011,09112003 10:0ti meStMul 253545© ST PAUL • PAGE 03!03 St. Paul surety Claims JAN RECEIPT, RELEASE, AND ASSIGNMENT 'Western ilivisiot; CL.t ml NUMBER: 040OKF 1654 46H001 (49) ! BOND NUMBER: KTW a PRINCIPAL: Castillo. Inc. OBLIGEE: CitvofNewooaBeach I CLAIMANT: United Green )Mark. Inc. In consideration of the payment of Sixty Thousand, Four Hundred - Nineteen and 97100 Dollars (S60,419.97) and all sums heretofore paid, if any, by St. Paul Fire and Marine Insurance Company,'Seaboard Surety Compam:'United States Fidelity and Guaranty Company%Ficich" & Guaranty Insurance Company (hereinafter `The St. Paul Surety "), receipt and sufficiency of which is hereby acknowledged, United Green Mark. Inc. does hereby release, acquit, exonerate, and discharge The St. Paul Surety and Castello, bic. from all acts, suits; claims, damages, and liabilities whatsoever on the account of the claim filed for labor, material, or sorti ices iLnished for use in the performance of the above- described project which constitutes a clairn against the above- identified bond(s). Undersigned agrees that receipt of these funds front T1ne St. Paul Surety does not release undersigned !tom any obligations which may remain under its subcontractlagreement with Castello, Inc. in connection with the captioned project, including punch list and %warranty work. Undersigned hereby acknowledges that The St. Paul Surety is subrosated to all rights « =hich Undersigned has against all persons, firms, or corporations who have benefited from the labor, material or services fumished for use in the performance of the above - described project: and, to secure said subrogation rights; Undersigned hereby assips and transfers to The St. Paul Surety all rights of Undersigned against said persons. firms, or corporations. Undersigned hereby certifies, covenants and warrants that all persons who have furnished labor, material, equipment or services to Undersigned on the above - described Project have been paid in full, and Undersigned agrees to indemnify and hold harmless The St. Paul Sauer., from any and all liabilities; losses and in the event The St. Paul Surety is required to pay or defend any claims made by any such persons. Undersigned agrees that upon receipt of the foregoing sum, any and all liens placed on the project or on public funds in connection Nvith this projecctt shall be released.(�.�,� Signed, sealed, and delivered this day ofy United Green Mark, Inc. Bv; It : ATTI AFFIDAVIT, RELEASE AND ASSIGNMENT IN CONSIDERATION of the payment of Seventeen Thousand, Nine Hundred Twenty Eight and 531100 Dollars (517,928.53) by United States Fidelity and Guaranty Company, the undersigned releases said company from all claims of any nature, which the undersigned may have against said company as Surety on Bond covering the following contract: Name of Contractor: Castello, Inc. Name of Obligee: City of Newport Beach Description of Contract: Bonita Canyon Sports Park, Irrigation, Electric & Concrete Bond No.: KF1654 In further consideration of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to said Surety its above- mentioned claim or cause of action against said contractor together with all of its rights, title and interest in and to said claim, or cause of action; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand, receipt for and enforce payment of the said claim, and at its own expense to sue for the said sum so assigned either in the name of the undersigned, or in its own name. As a further inducement to Surety for making payment at this time, undersigned hereby agrees that all guarantees and warranties required under the terms of the aforesaid contract pertaining to the work, labor and materials furnished by the undersigned shall remain in full force and effect in accordance with their terms, which, however, shall not be extended nor enlarged hereby. The undersigned further warrants and represents and hereby certifies that all just and lawful billings, accounts and/or amounts due from the undersigned and/or its subcontractors or material suppliers for labor, material, equipment employed in the performance of this contract have been fully paid in accordance with the terms and conditions of said contract(s) and that there are no amounts for which the undersigned would be responsible under the above agreement, all amounts having been fully paid and other terms of the relevant subcontract, material supply contract or purchase order having been fully complied with by the undersigned. Date: 0 �% UNITED RENTALS By: Its:�� f/jlGrtLc�C ` This document must be executed before a Notary Public and include the attached Notary Acknowledgment. TC. dtli Sureoi ti iai- ; Neszem Oivisior Page 1 of 2 State of ATTORNEY-UN-FACT County of TRUSTEE(S) On ��� —O.3 before me, GUARDIAN/CONSERVATOR DATE AME, TITLE OF 0J/�' E.Ct 15 , VOTARY PCBLIC // /y -JUT 'IC�E/ personally appeared (� '.4, �.��/ NA>IE(S) OF SIGNER(S) )411 nally known to me -OR- ❑ proved to me on the basis of satisfactory evidence l0 be the person(s) whose names) is /ere 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), f. ). r the entity upon behalf of hich the person(s) acted, CcrrmS.ion ;. ?, gq;7g ^mom NG, PU.,ie C:O!Ifpritjp yfxecuted the instrument. Y orange Ccvrrly J 'ITNESS my hand and official seal. My Cann E0e Rant 10, MM TI [IS CERTIFICATE MUST BE ATTACHED TO I HE DOCUMENT DESCRIBED AT RIGHT: Though I., d,t 1, —Itmd here o n. ,,..,d by la-. eoddPrevem or ih,,f., . OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OPPICERIS) TrrLEPi ❑ PARTNER(S) ❑ Llh-IITED ❑ GENERAL ❑ OPTIONAL SECTION TITLE OIL TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOU MENT SIGNERS) OTHER -THAN NAMED G9SUREMFjellstacFCastetlo, InC1KFI654 \6- United RentalslARA -020403.doc This document must be executed before a Notary Public and include the attached Notary Acknowledgment. Page I of 2 ATTORNEY-UN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. OPTIONAL SECTION TITLE OIL TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOU MENT SIGNERS) OTHER -THAN NAMED G9SUREMFjellstacFCastetlo, InC1KFI654 \6- United RentalslARA -020403.doc This document must be executed before a Notary Public and include the attached Notary Acknowledgment. Page I of 2 a � `1'ori ptatisl icy ejjy 8665 EAST DUARTE ROAD SAN GABRIEL, CALIFORNIA 91775 -1139 16261 7957895 INTENT TO LIEN AND / OR STOP DATE: 3/31/2003 JOB: 16059 BONITA CYN SPORTS PARK ON BONITA VISTA RD & PIONEER RD OWNER: CITY OF NEWPORT BEACH NEWPORT BEACH CA 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 LENDER: NONE GENERAL: ERRECAS INC P O BOX 640 LAKESIDE CA 92040 SUBCONTRACTOR: AMERICAN LDSP 7949 DEERING AVE CANOGA PARK CA 91304 THIS LETTER IS TO NOTIFY YOU THAT NORMAN'S NURSERY INCORPORATED HAS SUPPLIED LANDSCAPING MATERIAL TO THE ABOVE LISTED ADDRESS, AND TO THIS DATE WE HAVE NOT BEEN PAID IN FULL. PLEASE BE ADVISED THAT IF PAYMENT IN THE AMOUNT OF $3,167.31 IS NOT RECEIVED IN OUR OFFICE WITHIN 5 DAYS OF THIS NOTICE, WE MAY WITHOUT FURTHER NOTICE FILE A LIEN AND OR STOP NOTICE AS PROVIDED BY LAW AGAINST THE ABOVE LISTED PROPERTY. IF YOU HAVE ANY QUESTIONS REGARDING THIS MATTER, PLEASE CONTACT LUPE CASTRO AT EXT 235. SINCERELY, THEODORE P. NORMAN CFO Date `- Copies Sent To: ❑ Mayar C] Cruncil IAemher cl P.O. Box 640 -12570 Slaughterhouse Canyon Road Lakeside, CA 92040(619) 390 -6400 Fax (619) 44,-3-'5002 Since ,9== RECEIV�fD =' Unit u v TO: Release of Stop Notice atiGti or628ZL� (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, November 19, 2002 in the amount of 74 983.31 ' against The City of Newport Beach as owner or public body and Flintridge as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 17011/2 Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated February ( , 2003 Date �. O " Copies s Sent To: Name of Claimant: ❑ Mayor ❑ Council Member BY Q .Manager (Authorized CapacityPl'itle) A t --- - - --I= th€ undersigned, state: I am the IJ�LR CATION Q1�1{)<o, ! (, j oA4 ( "Agent of', "President of', " Part of', "Ow F etc.) the claimant named in the foregoing Release:. I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 20 at V r� State of o /'� Before you use this form, read it, fill in all the blanks, and make whatever changes ar l7priale and nceassary t, your panic transaction. Consult a lawyer, if you doubt the fors fitness for your purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. Wolcott's fors 898 - release of stop notice -new 4 -93 1993 Wolcott fors, Inc. (Price class 3A) Stop Notice CALIFORNIA CIVIL CODE SEC IOV, 19 P :07 NOTICE TO Citv of Newport Beach 3300 Newport Blvd. Newport Beach Ca. 92658 (If Private Job — file with responsible officer or person at office or branch of const;rdctioi lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 -3175) (If Public Job — file with the office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 -3214) iiI I��c Prime Contractor: Sub Contractor (if any) Owner or Public Body Improvement know as Flinirid a Landscape Inc. Copies sent To: ay City of Newport Beach .Auncil Member 1__ _ A- C] Manager in the city of Newport Beach County of Orange , State of United Green Mark . Claimant, a Corporation furnished certain labor, se ic� equipment or materials used in the above described work of improvement. The name of the pton or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Flintridge Landscape Inc The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Landscauin2 and /or Irrigation materials and supplies Total value of labor, service, equipment or materials agreed to be furnished ............. S 74,983.31 Total value of labor, service, equipment, or materials actually furnished is .............. S 74.983.31 Credit for materials returned, if anv ............................... ............................... S 0.00 Amount paid on account, if any ..................................... ............................... S 0.00 Amount due after deducting all just credits and offsets ....... ............................... S 74,983.31 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 $ 74,983.31 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 3038) IS NOT attached. (Bond required with Stop Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served an owner on private jobs). Date Nov. 11, 2002 Name of Claimant United Green Mark, Inc 26713 Madison Ave. Murrieta CA 92562 Bv Credit Administrator South Region VERIFICATION I, the undersigned, state: I am the Credit Administrator South Region of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Nov. 11, 2002, at Murrieta, State of California. (Private Works Only) If an election is made not to withhold funds pursusant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: i BNi FORM 107 STOP NOTICE Date �a LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS ce;,ies Sent To: (Public or Private Work) O Mayor Per California Civil Code Section 31 9) rl isoncil Member y1�'�.r aey TO: City of Newport Beach Project Bonita_Canyon Sports Park. a.= (Name ofownep public body or consimetimt fund holder) (Name) J r' 330 Newport Blvd. Bonita Canyon Drive and Prairie Road (Address, it directed to a bank or savings and loan assn, use address of branch holding fund) (Address) ... Newport Beach CA 92658 -8915 (Ca, nuo and air) TAKE NOTICE THAT Craneveyor Corporation a corporation , whose address is 1524 No. Potrero Anvenue South El Monte CA 91733 Newport Beach, CA — (Ciry, slate and>ip) has performed 13bo• and fur,.,igyod m_._....... a ,.c,k c. mprc':emect ccSCrlbed co Bonita Canyon Spoi is Park Burdta Canyon Drive and Prairie Road, Newport Beach CA (Name no hmeh, of I lm prafecl where work ur materta6 were (mnisne n The labor and materials were furnished to or for the following party: Ace Fence Company (Name of party who Ordered the work or marmots) Total value of the whole amount of labor and materials agreed to be furnished Is ............................................... ............................... $ 22 925.00 The value of the labor and materials furnished to date is . .................................................. ............................... _. ............ _. ........ S 22 925.00 Claimant has been paid the sum of ... ................... ......._... ... ....... ..... ..... . .................. ............. ................ _...... S 6,186.30 and there is due, owing, and unpaid the sum of: ............. ... ......... ......... ....... ....................... ............... ......... ._.................. ... $ 16.738.70 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hand.;. .FIRM .FIRM NAME Craneveyor Corporation By Za^ arn �' (Ta i.%I/ Sandra.. I3isawf, Nome of stop notice dormant- see lmaruclians for detain) ,Owner of agent or amp notice claimant melt sign ne,0 IT& my below) VERIFICATION I, the undersigned, say: I am the Credit Manager of the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State California that the foregoing is true and correct. Executed on March 10 , 20 03 , at South El Monte California. (Date mr, documem wTsignad.) "' p almost or t Tale to to signed) C i v a_!l�_✓✓ Sandra Bischoff P.manal s igneure of to drvidaalwho longthanhe admenls of the Stop senior, are vue) REQUEST FOR NOTIGE OF ELECTION (PRIVATE WORKS ONLY) (Per California Civil Code Section 3159, 3161 or 3182) If an CICLtiOn is Made not to Withhold funds pursuant to this Stop notice by reason o1 a payment bond having been recorded In accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of sudlelectlon In the enclosed preaddressed stamped envelope: This information must be provided by you under CMI Code Sechon6 3159,3161 or 3162. Signed (Claimant Three a comer, sell aaaresaed stamped envelope) Folm 107 a 1993 A BN BYllding News Fomt Prepared Ty James AC(Ot rZ, P.O. Bo x 640 -12570 Slaughterhouse Canyon Road Lakeside, CA 92040 (619) 390 -6400 Fax (619) 443 -3002 SFn5 Boething Tree rams Release of Stop Notice TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, September 9, 2002 in the amount of $1,042.1 6 against The City of Newport Beach as owner ur public body and Flintridge as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 17011/2 Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California, Dated February 2003 a i r F � I � m y n U t (� Name of Claimant: By (Firm N t}e) J i7 (Authorized Capacityfritle) I, the undersigned, state: I am theme h r 9 - ( "Agent of', "President of', "A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed 61T %i (t t «2 t� 20 at I, /k /k State of Before you use this form, read a, fill in all the blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer, if you doubt the forms fitness for your purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. Wolcott", forms 898- release of stop notice -new 4 -93 1993 Wolcott forms, Inc. (Price class 3A) Stop Notice NOTICE TO: CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT (Name of Public Body of Lender) 3300 NEWPORT BLVD, NEWPORT' BEACH, CA 92658 (Address) 'OZ SEP -9 A8 :57 (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract.) ilrt (If Private Job — file with responsible officer or person at office or branch of construction lender Q¢ifilltet3�ig jl�iledr�sj, �,�,[. funds,) Cl OF 11t- WPDRl� &icli Prime Contractor: ERRECAS, 12570 SLAUGHTERI LOUSE CYN RD, P.O. BOX 640, LAKESIDE, CA 92040 Sub Contractor (If Any) FLINTRIDGE LANDSCAPE, 2973 RANDOLPH AVE, COSTA MESA, CA 92626 Owner or Public Body: COUNTY OF ORANGE Improvement known as: BONITA CANYON SPORTS PARK, 1701 '/, FORD ROAD, NEWPORT BEACH, CA CONTRACT 9 3270 (Name and address or project at work or iarprovemeno in the City of NEWPORT BEACH , ounty of ORANGE, State of CALIFORNIA. Boethin Treeland Farms Inc, claimant, a Corporation (claimant) (Corporatim✓Partnership /Sole Proprietorship) funus le ment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or mater ials is FLINTRIDGE LANDSCAPE (Name of Subwnnacmr /Cnlln'aGOr /Owner - builder) The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was Nursery (Horticultural) Plant Material (describe in detail) Total value of labor, service, equipment or materials agreed to be furnished ..........$1,042.16 Total value of labor, service, equipment or materials actually furnished is ............$1,042.16 Credit for materials retioned, if any ............... ................ -- ................... —$ Amount paid on account, if any ................................ ..............................$ Amount due after deducting all just credits and offsets ...... ..............................$ 1,042.16 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $1,042.16 , as provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond Is Not attached, (Bond required on private jobs — not on public jobs.) (Is / is nor) Date AUGUST 29, 2002 Name orclaimant Boethine Treeland Farms, Inc. /I (F m ame) By (Official Capacity) _ Waela Kayed, Corporate Credit Manager VERIFICATION 1, the undersigned, state: 1 am the CORPORATE CREDIT MANAGER ( "agent of', "president or', "a partner of', "owner of% etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on AUGUST 29, 2002 , at Woodland Hills, California d E E o d to N C N A p� CJ n 's ❑ 11 (signature of Claimant or Authorized Agen ta 'a C A C N\ N 11 MPUBLIC WORK STOP NOTICM LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS AND REQUEST FOR NOTICE OF FILING OF NOTICE OF ACCEPTANCE, COMPLETION OR CESSATION i _ r6 CIVIL CODE §3185 ' TO: City of Newport Beach PROJECT: Bonita Canyon Sports Park Public Works Dept. 1701 1/2 Ford Rd. 3300 Newport Blvd. Newport Beach, CA Newport Beach, CA 92663 TAKE NOTICE THAT Neff Rental whose address is 1354 N. Red Gum Ave., Anaheim, CA 92806 has performed labor and /or furnished materials for a work of improvement described as follows: Bonita Canyon Sports Park, 1701 1/2 Ford Rd., Newport Beach, CA. The labor and /or materials furnished by claimant are of the following general kind: Construction rental equipment. General contractor is Errecas, Inc., 12570 Slaughterhouse Canyon Rd., Lakeside, CA 92040. The labor and /or materials were furnished to or for the following party: Flintridge Landscape /Eagle Pacific, Landscape, 2973 Randolph Ave., Costa Mesa, CA 92626. The value of the whole amount of labor and /or materials agreed to be furnished is $10,652.56. The value of the labor and /or materials furnished to date is $10,652.56. Claimant has been paid the sum of $0.00, and there is due, owing and unpaid the sum of $10,652.56 together with interest at the rate of 18.00 percent per annum from September 9, 2002. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. Date o Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager Firm Name: Neff Rental .0'Attofngy By Nan Eckman / Authorized Agent VERIFICATION I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 30, 2002, at San Diego, California. Nan Eckman / Authorized Agent COPYRIGHT 1994, CONSTRUCTION NOTICE SERVICES, INC. (800)366 -5660 fL:SN_PU_CA.FRP] STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To: :_ ITy Or= NEW PORT BEAC14 N E; Project: �ONiT1fi CF,�:)�jU 'S(?c!I t PIkRK v�y- t` WMK KKISfl IWBIJ_C,YGp1' OR CONSTROCTION FUND HOLOERI {NAME) 330o KJev PORT BiJb not AIX FORD Ab (ADDRESS IF DIRECTED TO A BANK OR SAVINGS AND LOAN ASSN., USE ADDRESS OF 88ANCH HOLDING FUND: (AOOflESS) &eWPOKzr 6eAt -+4, CA gacob3 V.CV39ORT bF-Por -N` c-A (CITY, STATE AND ZIP) (CUK STATE AND 21P: TAKE NOTICE THAT RP Hi 5Z9\jIC-e,S r- NC )NAME OF THE PERSON OR FIRM CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTOR'S LICENSE IS ISSUED) whose address is 9 60 1( DC:N%J -A P-1 LILeiZTOAi CA rA-�­8-Sl (ADDRESS OF PERSON OR FIRM CLAIMING STOP NOTICE) has performed labor and furnished materials for a work of improvement described as follows: 150 ll� iT'iQr CA tv`I OtHl SPrRT" p"K — t—lo t tla. Ft>Qb RLL) tJe wPOUtT be-Az A . C_+a C1a - (Zsg (NAME AND LOCATION OF THE PROJECT WHERE WORK OR MATERIALS WERE FURNISHER: The labor and materials furnished by claimant are of the following general kind: WEED C.CAl -, it T 6ACAb i eAli= v)ZEb CoiZ,PviL AND TR4f:+rl aF tu�AL4PTUS FCC %_TIP PSVLt_ID (KIND OF LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR AGREED i0 BE FURNISHED By CLAIMANT; The labor and materials were furnished to or for the following party: VLIN'Tflk,10&tE I_"bStAr?L. x-13 g,"WL-I Arta CCF rpii,_ MCSr} c—A ci3toa.b Total value of the whole amount of labor and materials agreed to be furnished is: ................. The value of the labor and materials furnished to date is:........... Claimant has been paid the sum of: ........................................... And there is due, owing and unpaid the sum of: ....................... $ l3UO,- $ $ —� S You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. r;/�J� FIRM NAME: kp,4) SC. FiVICES .�%C• By: y _A (NAME OF STOP NOTICE CLAIMANTI {OWNER OR AGENT OF STOP NOTICE CLAYIANT MUST SIGN HERE ANO VERIFY IRLOWI VERIFICATION I, the undersigned, say: I am the I't K4rS ri (rE ri op the claimant (- PRESIDENT OF,- - MANAGER OF,- -A PARTNER OF.- -OWNER OF." -AGENT OF,- ETC.) named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on IT°kEINBEf�� --1 _-¢Kt _)I- , at rUl- t -��rOti ('�KYLICG XrV frJ Cpl— (DATE THIS OOWEREVr WAS Sy1FIQ01 /_ 1 !1_ {NAMEOi Cnv ANO SiAiE wHERE NOnCf SIGNED) Sent To: ( \mil \( Mayor Council !hrrher (PtRSONAL SIGNATURE OF THE MOIVIOUAL WHO IS SWEARING THAT THE CONTENTS OF STOP NOTICE ARE TRUE) ,M alter REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) L — If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the - e closed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. - Signed: (Claimant Must Enclose Self- Addressed Stamped Envelope) WOLCOTTS FORM 694 - (price class 3B) STOP NOTICE - rev. 7 -99 Before you use this torte, fill in all blanks, and make whatever changes are appropriate and O 1999 WOLCOTTS FORMS, INC, necessary to your particular transaction. Consult a lawyer if you doubt the form's fitness for your purpose and use. Wolmfls makes no representation or warranty, express or implied, with SEE REVERSE SIDE FOR ADDITIONAL INFORMATION, respect to the merchantability, or fitness of this torte for an intended use or purpose. ADDITIONAL INFORMATION (1) On a public jot), file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code §§3179-3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs -- a bond is not required on public jobs or on a stop notice served on an owner for private jobs. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature II the Cidrmdnl d d for pordf•0^ an cf!icer or an thou Zed ageN should sumo a the c almnl is a pa,me,sLip, a partner or authorized agent Should sign it the cldimdnl is d s01e p 0pnelOrShip waelher or not comg b;.s ness under a hchrous ousiness name In P. Ow ^el of The cosiness or an an then Zed agent should Sign Refer to the ellowmg examoles CORPORATIO'v Name of C:aimant .Sphnson_ t, =ect; rical-_:,os =nc By PARTNERSHIP Name of Cla:manI o - n902 _.sec tr. —, cal __'o By -C-0,J SOLE PROPH EfORSH!P (Fictitious Business Namei Name of claimant ,��eer�. \' SOLE PROPRIFIORSH1P iOwn Hamel Name of claimmaan�t (`.;_i.d. Johnson_ � �7 ec tric o. Verification This is a declaration under penally of pequry under the laws of Inc Sod of Cabdofnia It does Out have to me notarized However, to be valid. the verification must contain the date it is signed and the s gnah,re This Standard form n intended for the typical Situations encountered in the field indicated However, before.. you Sign read it IIII In all blanks and make whatever changes are appropriate and necessary to your particular transaction Consult a lawyer It you doubt the form S fitness for your purpose and use 67775 39894 ll6 Y CONSTRUCTION FUNDS STOP NOTICE CALIFORNIA CIVIL CODE.SECTION 3103, 3181- 3187 ----------------------------------- ' ----------------------------------------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH "BONITA CANYON Sl `ORTS-RW PUBLIC WORKS DEPT 02 C1"i Lip 19 :) 5 1701 112 FORD RD µ M�- 3300 NEWPORT BLVD NEWPORT BEACH CA M NEWPORT BEACH CA 92658 0CT CLAIMANT COMPANY UNITED RENTALS has furnished, or agreed to furnish tlne'folfowing' [ �0 19772 MAC ARTHUR BLVD, #260 IRVINE, CA 92612 and these materials were requested by and furnished to or for following person(s) or company. FLINTRIDGE LANDSCAPE 2973 RANDOLPH AVE labor, services, equipment or materials: Date-. CONSTRUCTION RENTAL Copies Sent To: EQUIPMENT, SERVICE AND /OR ❑ Mayor MERCHANDISE 0 Counci! "21 THE PRIME CONT ERRECA'S INC COSTA MESA CA 92626 11y— Total value of the entire amount of labor and materials agreed to be furnished 17,92 53--- - -._ Value furnished to date 17,928.53 Refunds or credits given ... .. .. 0.00 Payments received by Claimant to date 0.00 Total amount due Claimant after all credits and offsets .._. ..... ... . _._ _._._. 17,928.53 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 17,928.53 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY : [Claimant] , , UNITEp RI 1hTAL P`90THWEST INC [O4vner /Agent of Claimant] E ,i R I F I C A T 1 O N I, the undersigned say: I am the �i ]C' <'rel i �'i ti 1(,iV�Gi c'l� 1 the claimant f 'nwnrar nF 'PraclNOnt nf' 'An ant n F7 1 named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my awn knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ) U _2 y C GZ �t - .1-✓ V)1)0 2— [Date] (Year — l [City] (State /zip] By: --- Sinnafival REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Caprenos Inc. ( Claimant must enclose self - addressed stamped envelope ] SNl FORM 107 — 91993 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3 63� TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. PROJECT: BONITA CANYON SPORTS PARK CONT #3270 (Name of owner, public body or construction fund holder) —�ba �, i CONT Name : 3300 NEWPORT BLVD. 17011 /2 FORD-ROAD C,�.� (Address. If directed to a bank or savings and loan assn., use address of branch holding fund) (Address) NEWPORT BEACH, CA. 92658 BOND #KF164 NEWPORT BEACH, CA. 92658 (City, state and xip) (City, slate and xipj TAKE NOTICE THAT AGUINAGA FERTILIZER CO. INC. 11afa whose address is 7992 IRVINE BLVD, IRVINE, CA. 92618 _ Copies Sent lo: (Address of person or firm claiming stop notice) [] Mayor has performed labor and furnished materials for a work of improvement as follows: Council em er BONITA CANYON SPORTS PARK, 17011/2 FORD ROAD NEWPORT BEACH, CA. 92658 _ 1 u ------ (Name and location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: (General description of work and materials furnished) The labor and materials were furnished to or for the following party: FLINTRIDGE LANDSCAPE (Name of party who ordered the work or materials) - - Total value of the whole amount of labor and materials agreed to be furnished is $ 103132.92 The value of the labor and materials furnished to date is ,. Claimant has been paid the sum of: and there is due, owing, and unpaid the sum of: $ 103132.92 ... $ 103132.92 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any constructi s for tifis pKiect wiiphJref in your hands. FIRM NAME VERIFICATION I, the undersigned, say: I am the OQK,/C.�„eti O ! the claimant named in the ('Presitlant of," "Man er of," "A partner at, ibltv.d' of." etc.) foregoing Stop Notice;( have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under thy penalty of perjury under the laws of the State of California that the foregoing is true and correct. t Executed on P.`- )' ,California. ate his was sign d) (N�a fine�Ofcciryzwhgrc -d[}p me signed) (Personal eg the indrv�'Itl�ho(\ /J g that the clentents of the Stop Notice are true) REQUEST FOR NOTICE OF ELECTION (PRIVATE WORKS ONLY) (Per California Civil Code Section 3159, 3161 or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3256 or 3162, please send noti of such election and a Copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. Thi formation must be provided by you under Civil Code Sections 3159, 3161 or 3762. `/ r Singed ----� SEE PAGE 2 FOR COMPLETE INSTRUCTIONS • P.O. Box 640 -12570 Slaughterhous Canyon Road Lakeside, CA 92040 (619) 390 -6400 Fax (619) 443 -3002 Since 5 Baren dl / Laser Turf Release of Stop Notice TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was tiled) You are hereby notified that the undersigned claimant releases that certain stop notice dated, September 23, 2002 in the amount of $13,847.00 against The City of Newport Beach as owner or public body and Flintridge Landscaping as Supplier to in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 t/z Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated March 2003 Name of Claimant: CV1?0 AL1"iofJ �. --% (Fi Name) Y (Signatpre) (Authorized CapacityfFitle) VERIFICATION I, the undersigned, state: I am the Ci 11) fl e r G ( "Agent of, "President of, "A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date l Executed on fi(i I��h; i ` I 20 0 3 at j an lYct f� r1D0p1QS Sent To: r State of �� Fii —i t=J (fir i s4 ❑ Mayor ❑ 0ouncil Member ❑ Manager ome Before you use this form, read it, fill in all the blanks, and make whatever changes are appropriate and necessary to your particu ar transaction. Consult a lawyer, if you doubt the forms fitness for your purpose and use. Wolcou's makes no representation of Warta , f express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. T t' Wolcott's forms 898 - release orslop noticerttt<w 4 -93 1993 Wolcott forms, Inc. (Price class 3A 1 S;L �i P.O. Box 640 -12570 Slaughterhouse Canyon Road Lakeside, CA 92040 (619) 390 -6400 Fax (619) 443 -3002 Since / 1955 Barendt / Laser Turf Release of Stop Notice TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction tender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, September 23, 2002 in the amount of $13,847.00 against The City of Newport Beach as owner or public body and Flintridge Landscaping as Supplier to in connection with the work of improvements known as Bonita Canyon Sports Park located at 17011/2 Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated February 2003 Date Copies Sent To: Name of Claimant _&V-e na -� 1 u n S t - L'�_(A-t C, NJ ❑ Mayor B , �Fir}nName) ❑ Council Member y (Signature) ❑ Manager �6N �C��eCI(�-It- i C7t�nef � �(tto,(n% (Authorized Capacity/Title) 0 ❑ I the undersigned, state: I am the VERIFICATION t_(' Lc) U e D ( "Agent of', "President of', "A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on /= �C3 % T� 20 0 3 at S .¢til J Ulf iJ � v� ors i L'rf vt3 State of Before you use this form, read it, fill in all the blanks, and make whatever changes are appropriate and necessary to your particular transaction. consult a lawyer, if you doubt the forms fitness for your purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use m purpose. Wolcott's forms 898 - release of stop notice -new 4 -93 1993 Wolcott forms, Inc. (Rice class 3A) E do L G OW c,p on hi to Or os - ,s El 0 STOP NOTICE NOTICE TO WITHHOLD CONSTRUCTION FUNbs (Public or Private Work) (Per California Civil Code Section 3103) CITY OF NEWPORT BEACH To: ATTN; CITYCLERK (Name of Project Owner disbursing funds) 3300 NEWPORT BLVD. PROJECT: BONITA CANYON Pi COI�Ril6ii'jbl (Name) MAC ARTHUR AND PRAIRIE (Address. If directed to a bank or Savings and loan ai use address of branch holding load) (Address) NEWPORT BEACH, CA 92658 NEWPORT BEACH, CA TAKE NOTICE THAT BARENDT CONSTRUCTION / LASER TURF (Name of the person or firm claiming the slop i Licensed contractors must use the name under which contractors license is issued) whose address is 33091 SOUTHWIND COURT, SAN JUAN CAPISTRANO, CA 92675 (Address of person or firm claiming Slop notice) has performed labor and furnished materials for a work of improvement described as follows: BONITACANYON SPORTS PARK MAC ARTHUR AND PRAIRIE, NEWPORT BEACH, CA CONTRACT# 3270 (Name and location of the project where want Or materials were furnished The labor and materials furnished by claimant are of the following general kind: FINISH LASER GRADE OUTFIELDS AND SOCCER FIELDS (Kind of labor, services, equipment, or matianals furnished or agreed to be furnished by claimant) The labor and materials were furnished to or for the following party: FLINTRfDGE LANDSCAPE (SUBCONTRACTOR TO: ERRECA'S INC.) (Name of the Perry who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................. S 13,847.00 The value of the labor and materials furnished to date is: .................................. — $ 13,847.00 Claimant has been paid the sum of: .................................................... $ and there is due, owing and unpaid the sum of: ........................................... $ 13,84T00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: BAREN'"T CONSTRUCTION/ LASER TURF (Name of stop notice claimant) BY: (Owner or agent of stop notice claimant must sign here and vainly below) VERIFICATION 1, the undersigned, say: I am the OWNER (President 01, A pan not of'. 'Owner of, 'Agent of', etc the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. P e a Executed on -aybr- 12002 at SAN JUAN CAPISTRANO California (i this document was signed) (N I if h stop holds a gne Personal signature of the individual who is sweating that the contents of Slop notice are true) kif MIEF9 ,A I Ci Lien Services, Inc. 3010 SATURN STREET, SUITE 103 BREA, CA 92821 (714) 524�08" '02 SEP 23 P4 �46 BONITA CANYON Pi COI�Ril6ii'jbl (Name) MAC ARTHUR AND PRAIRIE (Address. If directed to a bank or Savings and loan ai use address of branch holding load) (Address) NEWPORT BEACH, CA 92658 NEWPORT BEACH, CA TAKE NOTICE THAT BARENDT CONSTRUCTION / LASER TURF (Name of the person or firm claiming the slop i Licensed contractors must use the name under which contractors license is issued) whose address is 33091 SOUTHWIND COURT, SAN JUAN CAPISTRANO, CA 92675 (Address of person or firm claiming Slop notice) has performed labor and furnished materials for a work of improvement described as follows: BONITACANYON SPORTS PARK MAC ARTHUR AND PRAIRIE, NEWPORT BEACH, CA CONTRACT# 3270 (Name and location of the project where want Or materials were furnished The labor and materials furnished by claimant are of the following general kind: FINISH LASER GRADE OUTFIELDS AND SOCCER FIELDS (Kind of labor, services, equipment, or matianals furnished or agreed to be furnished by claimant) The labor and materials were furnished to or for the following party: FLINTRfDGE LANDSCAPE (SUBCONTRACTOR TO: ERRECA'S INC.) (Name of the Perry who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................. S 13,847.00 The value of the labor and materials furnished to date is: .................................. — $ 13,847.00 Claimant has been paid the sum of: .................................................... $ and there is due, owing and unpaid the sum of: ........................................... $ 13,84T00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: BAREN'"T CONSTRUCTION/ LASER TURF (Name of stop notice claimant) BY: (Owner or agent of stop notice claimant must sign here and vainly below) VERIFICATION 1, the undersigned, say: I am the OWNER (President 01, A pan not of'. 'Owner of, 'Agent of', etc the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. P e a Executed on -aybr- 12002 at SAN JUAN CAPISTRANO California (i this document was signed) (N I if h stop holds a gne Personal signature of the individual who is sweating that the contents of Slop notice are true) kif MIEF9 ,A I Ci Lien Services, Inc. 3010 SATURN STREET, SUITE 103 BREA, CA 92821 (714) 524�08" RELEASE OF STOP NOTICE (WITH RESERVATION OF RIGHTS) TO: CITY OF NEWPORT BEACH RE: PROJECT: BONITA CANYON SPORTS PARK Bonita Canyo.: Drive & Prairie Newport Beach, CA Road PLEASE TAKE NOTICE THAT CRAN °VEYOR CORPORATION ( "Claimant ") has furnished and installed aluminum railings and related items to and for ACE FENCE 20MPANY (hereinafter referred to as "Subcontractor ") on that certain public works project commonly known as " BONITA CANYON SPORTS PARK ", located at Bonita Canyun Drive & Prairie Road, Newport Beach, California ( "The Project "). The amount and value of labor, materials and /or equipment furnished to the subcontractor for which CLAIMANT has been paid on The Project is $6,186.30. CLAIMANT therefore releases the Stop Notice served on November 19, 2002 on the basis that it has been paid approximately thirty -three percent (33 %) of its contract with subcontractor. CLAIMANT does not admit, however, that 330 of its contract has been paid, or that it has provided labor and materials limited to 33% of the amount of its contract. CLAIMANT has not been paid the full amount of its contract for materials fabricated and to be installed by CLAIMANT on The Project. CLAIMANT reserves any and all rights to serve a Stop Noti -,e for all labor and materials that are to be provided to or furnished to The Project by CLAIMANT subsequent to CLAIMANT's November 19, 2002 Stop Notice, and CLAIMANT hereby expressly reserves all of its rights in connection with this project for labor and materials provided to The Project for which it has not been paid. December 16;2002 and Autlforized Agent for Claimant `' ^ales Sen � t 70: i M3w 01incil Member "anager Vltnme BNi FORM 107 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS.- (Public or Private Work) (Per California Civil Code Section 3103) •02 fVDw 20 n q .5 '1'V: Gty of New�rt Beach Project Bonita Canvon Snorts Park INanm of o „a , pAll, bud, n I cOasW,Ilw, wnll holder 330 Newport Blvd. Bonita Canyon Drive and Prairie Road - t: if LeWrcv.dJi"""i w a'mA,, —i m, and loon also me vddr65 N'm-it M1nmm, limdl lA,ca..0 NewMR- Beacli,_CA 92658- 8915., (Cd,.s,am amt fill TAKE NOTICE THAT Cranevevor Corooration. a corporation —_ New ort BeachCCA. -.. I(ity.saa vnJ nhl whose address is 1524 No. Potrero Anvenue South EI Monte CA 91733 has performed labor and fuinobed malerial5 for a work of improvensl described as follows:, Bonita Canvon Spor(S Paris. Bonita Call on Drive , and Prairie Road, Newport Beach, CA _ i 1m,and 1.11ier of me P11.1i wr.11 we* o f nrell Bls well fumlsledl The labor and materials were furnished to or for the following party: Ace Fence Cionngany Mame of pony woo vle,l Ice won, ormfer,ml Total value of the whole amount of labor and materials agreed to be furnished Is ....... ..... ................. ......__...... ..................._........... $ 22.925.00 The value of the labor ord materials furnished to data is ... ...... ............................................... ........_......_. ...................... ......... $ 22 925.00 Claimant has been paid the sum of: ., ......... ............. ................ $ U.UU and there Is due, owing, and unpaid the sum of: .......... ... ..... .... ....... ..... ........................................._..__. .... ..... ... .. .... _..........,, $ 22,925.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation as provided by law. You are also notified that claimant claims an equitable lien l any constmcllon funds for this project which a( \rc in your hands. /yam .plats NAML _ Craneyeyor Correlation Hy �,J� �� "a___,� �' Sondla 1. Bitchotl .-- (Namomnovnet ",f"mnm -ae " "er V¢cl delahs) (Ownernage0 or s fee noliec tlalem"mum mi ner and v-1, oalowt VERIFICATION I, the undersigned, say 1 am the _ Credit Manager of the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, Executed on November 19 , 20 02 , at South EI Monte , California (Date fMs awomentwss.9nea,} (name's e,�`�` ,, n111 sense} 'G =�U Sandra Bischoff Pnlsrnia: airrVA COOI II��, M,oi ering1na11M1e CAnlent2 o111,e51oe NMice Yrn Lie) REQUEST FOR NOTICE OF ELECTION Copies Sent To: (PRIVATE WORKS ONLY) ❑ Mayor (Per California Civil Code Section 3159, 3161 Or 3182) [-1 ouncit Member if an election is made not to withhold funds pursuant to this stop notice by reason 01 a payment bond having been recorded In accordance wit(�¢Ic 3256 or 3162. please send notice of such election and a copy of the bond within 30 days of sudielectlon In the enclosed predation setl suunpeJ ef(lV ll This information must be provided by you under CMI Code Secllon8 3159.3161 or 3162. i,rg1 Signed: / u (claimant must efe0se self addressed samosa mluroovl q 0 RELEASE OF STOP NOTICE 0 ;38 TO: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 09/27/02 in the amount of '¢ 421.14 against CITY OF NEWPORT BEACH as owner or public body and ERRECA'S as prime contractor in connection with the work of improvement known as 1701 %zFORD RD Cor0.ci31`�O l�jah is `fug —Voris �rK in the City of NEWPORT BEACH County of ORANGE State of California. Date 01/07/03 Name of Claimant Robertson's By uthorized Agent f VERIFICATION I, the undersigned, state: I am the Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 01/07/03 ❑o�y�g0Cir90 O b C d N 3 P 3 P. n c m . at Riverside. California. • STOP NOTICE • ORIGINAL (California Civil Code Section 3103) furnished..$ NOTICE TO CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH (If Private Job -file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner -CIVIL CODE SECTIONS 3156 -3175) (IF Public Job -file with office of controller,auditor,or other public disbursing officer whose duty it is to make payments under provisions of the contract -CIVIL CODE SECTIONS 3179 -3214) Prime Contractor: ERRECA'S Sub Contractor (If Any):FLINTRIDGE LANDSCAPE CO I Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as 17011ZFORD RDA N1_uJ ?ork aeo.Ck Cay-�kmc_*� 32i0 County of ORANGE f3 on; }A Cp� S or��1 -S ( b,( K, State of California. P Copies Sent To: Robertson's, Claimant, a Partnership, furnished certain ❑ Mayor labor service, equipment or materials used in the above descF 4Wil Member work of improvement. The name of the person or company to wh ,,,, ?,Pr claimant furnished service, equipment, or materials is FLINTRIDGE LANDSCAPE CO INC. !?or ^ey J _ The kind of materials furnished or agreed to be furnished was ready mix concrete, rock and /or sand materials. r ..- ... -._ Total value of labor,service,material to be furnished ...... $ 421.14 Total value of labor,service,materials actually furnished..$ 421.14 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 .... $ 421.14 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 $ 421.14 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 p��lic jobs or on Stop Notice served on owner on private jobs) Da -ted 09/27/021 Name and address of Claimant ROBERTSON'S P.O. Box 1659 CD Corona, Ca. 92878 909- 8 -2200 i u B .. y Authorized Afent VERIFICATION Tkc& /a;rr,;rN}pv`, I, the undersigned, state: I am the agent of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 09/27/02 at Rivers' e, tate of California. Signature of claimant /Agent —� 1 Date Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager ',�Attorney o — C i TO: • Release of Stop E 'q? Ell 22 F a;9 Notice. CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT t'nnslitt, VO,. f. r}y`Ir�{WrI„JJFj•Ar;r(I�,;h,,,C Sr,lV�,1�'µi¢jgn, )ilr,l) 3300 NEWPORT BLVD. , IVC•Wt'U 7 tSG 1. Ay P AJJrffl AUGUST 29, 2002 You are hcrcbv ni,lificd Ih11 the undclsil9lyd rllimint fclrl;cs that ccUain flop i`! „lice dltcd in the linuunt of F COUNTY OF ORANGE 0&111151 as owner or public body and ERRECAS/ FLINTRIDGE LANDSCAPE as plinic eonttaetof in amncoiun with tilt walk oti ilupluzcmcsit knuwn as BONITA CANYON SPORTS PARK, 1701 fz FORD ROAD, NEWPORT BEACH, CA CONTRACT #3270 in Ilse City of NEWPORT BEACH Date OCTOBER 15, 2002 vefilicallon for par fnasldp or S..de 0"I na ldn SFA f E 017C A I,IPURIJIA cou N'ry or (Claimant or Reprnenmrlve) ORANGE Cnunly of Seale of �alifm;da. BOETHING TREELAND FARMS, INC. Nana of 11aimanf By..._. _.�__.__..._ BRUCE E. PHEESO.N_S.R..._.V_._P_l. RAL,_COUNSEL (o) /]riot Ca14 fly) Ynitlralluo tar Cor pw.I lnn S I A IF. PIP CAUFUR141A ss. 11111 y 111' LOS ANGELES -- �3Ri7CE-�- -FTiE'RSON�_ I being real duly swonrlepo es and says 11)al_lie Is Cyaty: -% A �- -SR (Ownrr, Parrnn or Aprit) of tamed as cUinam in life foregoing claim; trial lie ear rud Bald claim and knows the contents thereof, and 0al the facts thacln stated are true. q r of A/fianr) Subscribed and sworn to before nor Ihis day of (•Sfanatwr Of Norary Public) Notuy Sta nip 19— lUahnow or Rrp,rrnf being livl dilly f�'oin drpo,n and a.y, tlut --le I,-- V — P._...- G- F.N.ERAJ ..f —OJMEL � l0))Iclal Cblvclf r/ ,POETHING T_REELAND FARMS, INC. -_ jrmcr Caglo,nre,S'anir) the ❑aporation Ilal rnlrulni ilia foirgoind claim: that 14 wakes 0111 vuiliufion nn brlutf of iNiaflon: trial pe las lead said claim and knows o rills I faeol, slid Ihnt tiro laces II we. X Sub,aibed and s +'om lo before me fill, 15_Tu day of g.r.t..obor klit -2AA2 (Sig raf ur r o/ h'o m, y !ub!!c/ Not a I Stamp ►.a't..re..dsa: i K 3Commi"j on 102 121 � Notary Public - Celifomfe �y Los Angeles Courttp my Comm. Fifes Apr23, 200rs • f Stop Notice NOTICE TO: CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT — (Name of Public Body of Lender) 3300 NEWPORT BLVD, NEWPORT BEACH, CA 92658 nn (Address) •02 (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract.) (If Private Job — file with responsible officer or person at office or branch of construction lender Ortiiriistering the constrrt 6 r: ' funds.) Prime Contractor: ERRECAS. 12570 SLAUGHTERHOUSE CYN RD. P.O. BOX 640, LAKESIDE, CA 92040 Sub Contractor (If Any) FLINTRIDGE LANDSCAPE, 2973 RANDOLPH AVE, COSTA MESA, CA 92626 Owner or Public Body: COUNTY OF ORANGE Improvement known as: BONITA CANYON SPORTS PARK, 1701 'h FORD ROAD, NEWPORT BEACH, CA CONTRACT P 3270 (Name and address or project or work of improvement) in the City of NEWPORT BEACH , County of ORANGE, State of CALIFORNIA. Boethinp_ Treeland Farms, Inc., claimant, a Corporation (claimant) (CorporatimnJPartnershm /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is FLINTRIDGE LANDSCAPE (Name of Subcontractor /Contractor /Owner - Builder) The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was Nursery (Horticultural) Plant Material (describe in derail) Total value of labor, service, equipment or materials agreed to be furnished ..........$1,042.16 Total value of labor, service, equipment or materials actually furnished is ............$1,042.16 Credit for materials relume , If any .......................... ............................... Amount paid on account, if any ................................ ..............................$ Amount due after deducting all just credits and offsets ...... ..............................$ 1,042.16 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $1,042.16 , as provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond Is Not attached, (Bond required on private jobs — not on public jobs.) (is / Is not) Date AUGUST 29, 2002 Name of claimant Boethine Treeland Farms, Inc. By 6/1 n (F' V. )4ame) (Official Capacity) Waela Kayed, Corporate Credit Manager VERIFICATION I, the undersigned, state: I am the CORPORATE CREDIT MANAGER ("n, ,,, nf °r,c ,;dent nF' "a partner of'. "nwner of', etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on AUGUST 29, 2002 , at Woodland Hills, California (Siguatore of Claimant or Authorized Agent d E C aEi co ni N is c a Unitsentals, Inc P.O. Box 79333 City of Industry, CA 917169333 Tel: (949) 862 -1100. Fax: (949) 862-4938 RELEASE OF STOP NOTICE To -CITY OF NEWPORT BEACH PUBLIC WORKS DEPT , .. . 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 STATE OF CALIF'ORNiw COON O ,%GE i .yisi o �. _ e-scJ RE: FLINTRIDGE LANDSCAPE SIGNUk 2973 RANDOLPH AVE SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE COSTA MESA CA 92626 (N ARV P ) SEAIJSTAMP You are hereby notified that the undersigned claimant releases that certain Stop Notice dated August 22, 2002 in the amount of $20,193.66 against CITY OF NEWPORT BEACH as owner or public entity and against ERRECA'S INC as prime contractor in connection with the work of improvement known as "BONITA CANYON SPORTS PARK" 1701 1/2 FORD RD NEWPORT BEACH CA K: - t' L L. MACLENNAN Commission # 121890B Notary Public - Collfanb Date: August 27, 2002 Orange county NF/Comm EVFra May 10.2003 Name of Claimant: RENTALSINC BY: // t L, -, %.L I-li�t,ii� CREDIT DEPARTMENT [Official Capacity] V E R I F I C A T I O N I, the undersigned, state: I am the CREDIT DEPARTMENT of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 27, 2002 at IRVINE, State of California. [ Sighature of Claimant ] ANNE SIMPSON, CREDIT DEPARTMENT Forms by Caprenos Inc. CONSTRUCTION FUNDS STOP NOTICE CALIFORNIA CIVIL CODE SECTION 3103,3181- 3187, _ - ----- --- --- --- ---- -- -- - --- -------------------7--•---------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH Date a� U "BONITA CANYON SPORTS PARK" PUBLIC WORKS DEPT Copies Sent To: 1701 1/2 FORD RD -'p ,; I[; 2.= -,', :/', 1 3300 NEWPORT BLVD ❑ Mayor NEWPORT BEACH CA NEWPORT BEACH CA 92658 ❑ Council Member ,r CLAIMANT COMPANY 0 Manager _ UNITED RENTALS INC P31tAr has furnished, or agreed to furnish, the following ATTN: ANNE SIMPSON labor, services, equipment or materials: 19772 MAC ARTHUR BLVD, #260 �X '�! __ CONSTRUCTION RENTAL IRVINE, CA 92612 O — EQUIPMENT, SERVICE AND /OR MERCHANDISE and these materials were requested by and furnished to or for the following person(s) or company. FLINTRIDGE LANDSCAPE THE PRIME CONTRACTOR I 2973 RANDOLPH AVE ERRECA'S INC COSTA MESA CA 92626 Total value of the entire amount of labor and materials agreed to be furnished 20,193.66 Value furnished to date 20,193.66 Refunds or credits given .._ .. ........ 0.00 Payments received by Claimant to date ... _._ ._. ._. 0.00 Total amount due Claimant after all credits and offsets .._ ....... ........ ........ 20,193.66 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 20,193.66 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY : [Claimant] M I, the undersigned say: I am the E R I F I C A T 1 O N the claimant named in the foregoing Stop Notice. I have read said Stop Notice and know the contents thereof, the same is true of my own knowledge. I declare andeir penalty of perjury under the laws of the State of California that the foregoin is ttrrue and correct. Executed on � l C� i; 0019— , at (Q�1%'�-Q � { ' �� �'? �/ [Date] [Year] 4 /u l[City] [State /zip] By. REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Caprenos Inc. [ Claimant must enclose self- addressed stamped envelope ] 0 0 United Rentals August 22, 2002 City of Newport Beach Public Works Department 3300 Newport Blvd Newport, CA 92658 19772 Mac Arthur Blvd, #260 Irvine, CA 92612 949 - 862 -1100 RE: Ereeca's Inc Sub - Contractor: Flintridge Landscape Project Name: "Bonita Canyon Sports Park" 17011/2 Ford Rd, Newport Beach, CA Gentlemen: Would you please complete the information requested below and return in the enclosed stamped self- addressed envelope. Please provide a copy of the recorded notice completion if the job has been completed. Payment & Performance Bond Co. Bond Number: Sincerely, �I(1 Anne Simpson Credit Department 949 - 225 -0144 -C J v C -4 n � Q T �mtA 9 y4. -mac � NQ n�71 Dim N � y � 3 H NC 2 N m O 0 0 United Rentals August 22, 2002 City of Newport Beach Public Works Department 3300 Newport Blvd Newport, CA 92658 RE: Ereeca's Inc • 19772 Mac Arthur Blvd, #260 Irvine, CA 92612 949 - 862 -1100 Sub - Contractor: Flintridge Landscape Project Name: "Bonita Canyon Sports Park" 17011/2 Ford Rd, Newport Beach, CA Gentlemen: Would you please complete the information requested below and return in the enclosed stamped self- addressed envelope. Please provide a copy of the recorded notice completion if the job has been completed. Payment & Performance Bond Bond Number: Sincerely, ce Anne Simpson Credit Department 949 - 225 -0144 January 22, 2002 CITY COUNCIL AGENDA ITEM NO. 20 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BONITA CANYON SPORTS PARK, CONTRACT NO. 3270— STATUS REPORT AND SURETY TAKEOVER AGREEMENT RECOMMENDATIONS: 1. Receive and file status report. 2. Approve Surety Takeover Agreement and authorize the City Manager to execute the Agreement. PROJECT BACKGROUND AND STATUS: On May 9, 2000, the City Council awarded the $6,276,000 Bonita Canyon Sports Park Improvements contract to Castello, Inc., of Escondido, California. The park has three distinct use areas - East Park, Mid Park, and West Park. The contract included the following basic park components: (a) (b) (c) (d) (e) (e) (f} (f} (g) (9) (h) (i) Three 200 -foot youth baseball fields One multi - purpose baseball /soccer field Mid Park - three mid -youth soccer fields West Park youth soccer fields East Park restroom and equipment storage facilities East Park on the site parking for 240 vehicles JAN z 2 2002 West Park on site parking for 115 vehicles East Tot Lot Green open spaces with earth berms, pedestrian walking trails, and lights Picnic areas West Park Tot Lot Mid Park restroom facility Total Original Contract Amount Change Orders to Contract: Total Project Cost with Approved Change Orders Current Percent Completion of Approved Contract Payments to Castello $5,667,365 Retention (escrow) $ 325,544 $5,992,910 ($5,992,910 / $6,844,584) = 88% $6,276,000.00 $ 568,584.45 $6,844,584.45 SUBJECT: BONITA CANYON SPO'ARK, CONTRACT NO. 3270 — STATUS REPOR TAKEOVER AGREEMENT January 22, 2002 Page 2 CURRENT UPDATE In November, 2001, work on the project stopped due to financial difficulties of the general contractor, Castello, Inc. (Castello). The park was approximately 88% complete and the construction was scheduled for completion in February 2002 with five months of plant establishment and maintenance to follow. The park opening was being planned for July 2002. Through a number of meetings held in November, Castello attempted to obtain financial assistance from the bonding company for the project, St Paul Surety. In December the Surety rejected their request. Because of this, the City terminated the Contractor's right to work on the project by letter on December 21, 2001, and also formally requested that the Surety assist with completion of the project through the project bonds. The Surety provided a draft Takeover Agreement to the City for review and comment. It was reviewed by Public Works Staff and by the City Attorney's Office. A number of changes were made to the Agreement and it is now ready for Council consideration and approval. This Agreement allows the Surety to substitute themselves in place of the original contractor, Castello, and keeps all the covenants and requirements of the original contract the same. Per this Agreement, an agreed upon contractor will be retained by the Surety to complete the work. The City will make all further progress payments, including retention, to the Surety, who then will pay the completion contractor. The performance and payment bonds of the Surety also remain in effect. The Takeover Agreement requires that the completion contractor be retained within thirty days of the signing of this Agreement, and the construction work be completed within 90 days of their start of work. It is now estimated that after the park construction is complete, and after the 5 -month landscape establishment and maintenance period, the park would open around November 2002. Staff recommends that Council approve the Takeover Agreement and authorize the City Manager to execute the agreement. Respectfully submitfdi PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: g, 05 �YX 4,1 R. Gunther, P.E. Construction Engineer Attachment: Takeover Agreement 0 0 TAKEOVER AGREEMENT BETWEEN UNITED STATES FIDELITY AND GUARANTY COMPANY AND CITY OF NEWPORT BEACH This is a Takeover Agreement dated Fidelity and Guaranty Company (USF &G), a and City of Newport Beach, (hereinafter "Obligee ") RECITALS 200_, between United States corporation (hereinafter "Surety "), A. On or about May 9, 2001, Obligee entered into a contract in the amount of $6,276,000.00 (hereinafter the "Contract ") for a project known as Bonita Canyon Sports Park, Contract No. 3270 (hereinafter "Project ") with Castello, Inc. (hereinafter "Principal "). A copy of the Contract is attached hereto as Exhibit A (Contract). Change orders totaling $568,584.45 have been approved to date, for a current total project amount of $6,844,584.45. B. As required by the Obligee, Surety issued Performance and Payment Bonds numbered KF1564 dated May 15, 2000, each bond in the amount of 56,276,000.00 (hereinafter the "Performance and Payment Bonds ") naming Castello, Inc. as Principal and City of Newport Beach as Obligee. The Bonds are attached hereto as Exhibit B. C. On or about December 21, 2001, Obligee terminated Castello, Inc.'s right to proceed with further performance of the project. Obligee has tendered completion of the balance of the project to surety under the performance bonds. Page 1 of 10 0 L D. Without waiving any of the rights of its Principal or the rights of USF &G, USF &G (Surety) has agreed to procure the completion of the Remaining Work under the Contract subject to the terms and conditions of this Agreement. NOW, THEREFORE, based on the mutual covenants, promises and commitments, the exchange of valuable consideration, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above which form a part of this Agreement, Surety and Obligee agree to the following terms and conditions: II. TERMS AND CONDITIONS I . Recitals. The above recitals are adopted and made a part of this Agreement. 2. Incorporation of the Contract. The Contract is incorporated by reference into this Agreement, including, without limitation, the Instructions for Bidders, the Contract Terns and Conditions, the Plans or Drawings, and any Special Conditions and Specifications, and all addenda, change orders and modifications to those documents issued in accordance with the Contract. 3. The Current Contract Amount. As of the date of this Agreement, the Contract Amount is 56,844,584.45 (hereinafter "Contract Amount'). Obligee has paid Principal $5,667,365.98 to date and Obligee has retained $325,544.93 as retainage. 4. Surety to Procure Completion of Contract. Surety shall be responsible for procuring the completion of the Remaining Work. Surety shall procure the performance of the Remaining Work through one or more Completing Contractors (hereinafter "Completing Contractor ") which it shall engage. Surety is acting as a Performance Bond Surety and not a Pa<_e 2 of 10 0 0 Contractor. Surety shall choose the completion Contractor or Contractors with concurrence of the Obligee. 5. Obligee's Obligations under the Contract. Except to the extent provided in this Agreement, Obligee shall have all rights, claims, interests, obligations and responsibilities under the Contract with respect to Surety to the same extent and effect as if Surety had executed the Contract initially instead of Principal. Obligee's rights shall include the right of approval of sub- contractors. 6. Obligee's Right With Respect to Changes in the Work. Obligee reserves the right, to the extent appropriate under the Contract, to issue further change orders. The terms of these change orders, including the attendant extensions of time and valuation of the change order work, shall be determined as provided in the Contract. Further, in the event the Obligee seeks the performance of additional work which is not subject to valuation by application of the unit and /or lump sum prices set under the Contract, it shall negotiate the appropriate value for such work with Surety. Surety and its Completing Contractor acknowledge that time is of the essence in this Agreement and in the Contract. 7. Schedule for Completion of Contract and New Completion Date. Surety, through its Completing Contractor or Subcontractors, will advise the Obligee of a schedule for the completion of the Contract. The balance of the contract work will be accomplished on a mutually agreed upon schedule. Further, Obligee agrees: (i) to grant to Surety the full benefit of whatever extensions of time and other associated relief, including for excusable delays, that are appropriate under the Contract. Completion Contractor shall start work on project within 30 calendar days of signing of the Takeover Agreement. Completion Contractor to complete project work within 90 calendar days of start of work. All other terms and conditions in the Contract Pa,e 3 of 10 0 0 regarding the completion of the Project, including the assessment of future liquidated damages shall remain unchanged. Surety reserves the right to request additional extensions of time and does not waive its right to time extensions. 8. Completing Contractors. Each Completing Contractor shall be a Contractor to Surety and no contractual relationship pursuant to this Agreement shall exist between Obligee and Completing Contractor. Each Completing Contractor shall provide all insurance required under the Contract, but shall not be required to provide payment and /or performance bonds, unless requested to do so by Surety. Surety reserves the right to terminate its contract with a Completing Contractor at any time, subject to seven business days' prior written notice to Obligee, and to contract with another Completing Contractor. Routine day -to -day operations and decisions as to the manner of performance of the Contract shall be made by the Completing Contractor, subject to the terms and conditions of the Contract, provided, however, that the Completing Contractor must obtain Surety's written prior consent to: (i) agree to any changes in the Contract (ii) agree to any additive or deductive change orders in excess of $5,000; (iii) agree to any back charges or deductions of any nature; (iv) agree to any schedule changes; and (v) agree to any adjustments in the Contract amount. The work shall be subject to inspection and acceptance by the Obligee, as provided in the Contract. All communications concerning matters of contract administration of the Contract (i.e., contractual or other notices required by law, payments, change orders, extensions of time, delays, claims, among other matters) shall be communicated to a Completing Contractor only in writing, with a copy forwarded to Surety and Obligee on a current basis by telecopier as provided in this Agreement. 9. Payments to Surety. The remaining contract amount (including any retentions) will be paid by Obligee to Surety as provided herein and as further set forth in the contract Page 4 of 10 documents. Payments shall be made at the address set forth in paragraph 14 of this Agreement. The total liability of the Surety under this Agreement and the Performance Bond for the completion of the work under the Contract is limited to and shall not exceed the penal sum of the Performance Bond in the amount of $6,276,000.00. All payments made by the Surety, less any amounts paid to Surety by Obligee, for the performance of the work under the contract shall be credited against the penal sum of the Performance Bond. It is acknowledged and understood by the parties that any credits taken against the penal sum shall be net of any funds paid to the Surety by the Obligee pursuant to this Agreement. Nothing in this Agreement constitutes a waiver of such penal sum or an increase in the liability of the Surety under the Performance Bond. 10. Payment Bond. Surety's Payment Bond under the Contract shall remain in full force and effect according to its terms. Surety agrees to investigate all proper payment claims made against it, but shall have the right to settle, compromise, defend, appeal, pay or dispute such claims as it, in its sole and complete discretion, may deem appropriate. Except as required by law, in no event shall the Obligee withhold any portion of the estimated Contract amount, on account of claims, stop notices, liens, suits or demands by person or entities furnishing or alleging to have furnished labor and/or materials to the Projects; provided, however, that the Surety shall defend, indemnify and hold harmless the Obligee from any loss which may arise by virtue of such claims, stop notices, liens, suits and demands. 11. Payment Requisitions. Surety, through its Completing Contractor or Contractors, shall submit to Obligee the information or documentation required regarding the work performed as set forth in the Contract. Page � of 10 12. Offset. All monies due, and to become due, pursuant to the Contract and this Agreement, including, without limitation, progress payments, payments for extra work or additional work orders, retention, final payment for work on behalf of Surety by the Completing Contractors, shall be made to Surety unconditionally and without offset except as set forth in this agreement, the Contract and as allowed by law. All payments shall be made directly to Surety by check payable to the Surety at the address stated in paragraph 14 of this Agreement. 13. Mutual Reservation of Rights. This Agreement is solely for the benefit of the Obligee and the Surety. The Obligee and the Surety do not intend by any provision of this Agreement to create any rights in or increase the rights of any third party beneficiaries, nor to confer any benefit upon or enforceable rights under this Agreement or otherwise upon any one other than the Obligee and the Surety. The Surety and the Obligee mutually reserve all rights, claims, causes of actions, demands and defenses, known or unknown, now existing or accruing- hereafter that they have or may have against each other. It is not the intention of the Surety in entering into this Takeover Agreement to waive, prejudice, amend, alter, revise, release or in any way adversely affect any claim, cause of action or defense, known or unknown, that it, as Surety, or the Principal, might have against the Obligee or any other person, party or entity. Furthermore, it is not the intention of the Obligee in entering into this Takeover Agreement to waive, prejudice, amend, alter, revise, release or in any way adversely affect any claim, cause of action or defense, known or unknown, that it might have against the Surety or Principal or any other person, party or entity. The Surety is entering into this agreement for the sole purpose of mitigating potential damages to it and /or its Principal. The offer, negotiation and execution of this agreement is not an admission by Surety that the Surety has any liability tinder the circumstances. Nothing in this agreement or the performance of the Contract shall be deemed to Palae 6 of 10 Ll r be an admission by Surety or Castello, Inc. or a waiver of any right or defense of Castello, Inc. or Surety. 14. Notices. All notices and correspondence to Obligee shall be sent by first class U.S. mail, postage prepaid, with a copy by telecopier or by certified U.S. mail, return receipt requested, to: City of Newport Beach Public Works Department 3300 Newport Road P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn: Bill Patapoff, P.E. City Engineer Robert Gunther Fax No.: 949- 644 -3318 Phone No.: 949- 644 -3311 All notices and correspondence to Surety shall be sent by first class U.S. mail, postage prepaid with a copy by telecopier or by certified U.S. mail, return receipt requested to: United States Fidelity and Guaranty Company Bond Claims Department Attn: Peter A. Fjellstad P.O. Box 4689 Federal Way, WA 98003 -4689 Fax No.: Phone No.: With a copy to: (253) 945 -1559 (253) 945 -1542 Sam Powell St. Paul Fire and Marine Insurance Company Construction Services Department P.O. Box 4689 Federal Way, WA 98003 -4689 Fax No.: (253) 945 -1559 Phone No.: (253) 945 -1548 Page 7 of 10 0 0 15. No Third -Party Rights. Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of, any third party or parties, or to waive or release any defense or limitation against third party claims. 16. All Claims Referred to Surety. Obligee agrees to refer all inquiries to Surety related to payment of suppliers and Contractors on Projects. 17. Warranties. It is understood and agreed that upon completion of the Project the Surety and Completing Contractor shall be responsible for any warranty obligations as set forth in the Contract. 1S. Agreement Binding on Successors. This Agreement shall be binding upon the successors and assignees of Surety and Obligee. 19. No Modification Except in Writing. This Agreement cannot be modified except in a writing signed by all Parties. 20. Conflict Among Documents. In case of conflict between the provisions of this Agreement and the provisions of the Contract and /or Performance and Payment Bonds, the documents in this following order shall control: (1) this Agreement; (2) Performance and Payment Bonds; and (3) the Contract. Further, this Agreement, the Contract and the Performance and Payment Bonds constitute the entire agreement between Obligee and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description. 21. Law Applies and Dispute Resolution. This Agreement and the performance under this Agreement, shall be governed by, and construed in accordance with, the laws of the State of California and that, in any suit, action, or proceeding that may be brought arising out of, in Page 8 of 10 11 0 connection with, or by reason of this Agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum. The parties agree that any dispute arising out of, or related to this Agreement, shall be resolved by litigation. The exclusive venue for that litigation or any suit, action or proceeding shall be the courts located in the State of California. 22. No Waiver. The failure of either party to exercise in any respect a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right unless expressly agreed to by the party in writing. 23. Severability. The invalidity or enforceability of any particular provision of this Agreement shall not affect the other provision of this Agreement and the Agreement shall be construed as if the invalid or unenforceable provisions were omitted. 24. Additional Documents. The parties agree to execute, acknowledge and deliver such other instruments, releases or documents as may be reasonably necessary to carry out or fulfill each party's covenants and obligations under this Agreement. 25. Survival of Warranties. All representations and warranties made in this Agreement shall survive the execution and delivery of this Agreement and the consummation of the transaction contemplated thereby. 26. Countemarts. This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this Agreement by any parties hereto will not become effective until counterparts hereof have been executed by all parties. The parties executing this Agreement hereby represent and warrant that they are properly authorized to bind the respective party. Pace 9 of 10 E 27. Construction. The Obligee and Surety have been represented by counsel who have materially participated in the authorship of this Agreement, it being understood that the rule of construction that a written agreement is construed against the party drafting or preparing such agreement shall not specifically be applicable to the interpretation of this Agreement. WHEREFORE, Surety and Obligee have executed this Agreement by their authorized representatives. DATED: DATED: ATTEST: IN APPROVED AS TO FORM: tkoverI 205.doc United States Fidelity and Guaranty Company By: _ Its and lawfully authorized representative City of Newport Beach By: Its and lawfully authorized representative Pa,-,e 10 of 10 CITY OF NEW! ART BEACH CONTRACT CHANGE ORDER CONTRACT NO. 3270 PROJECT TITLE: Bonita Canyon Sports Park CONTRACTOR: Castello, Inc. ENCUMBRANCE NO.: E043404 ORIGINAL CONTRACT: $6,276,00(.00 18- Oct -01 COMPLETION DATE: 29- Nov -01 CHANGE REQUESTED BY: City of Newport Beach • SEW PORT r) CHANGE ORDER: 26 PAGE: I OF 1 CCO SUMMARY COST: $ 537,068.07 CCO TOTAL IN % 8.56% DESCRIPTION: Modifications to tree planting, slopes and seed materials. are hereby incorporated into the project plans and specifications : CO. TYPE: Lump Sum I INCREASE IDECREASE I 1) Provide and install additional soil for added berms in westpark. As per attached 9/19/01 proposal. 11,250 2) Increase the seed rate of Bailfield IA mix from 12 # /1000SF to 15 # /SF as per attached 9/17/01 proposal. 3,477 3) Provide additional screening trees in south Westpark per attached proposal. 1,375 4) Provide additional screening trees in mid Westpark per attached proposal. 2,310 5) Provide and install jute neting for mid park slope to control erosion of soil. Per attached proposal. 4,770 IN CONTRACT TIME 5 WORKING DAYS NET CHANGE 23,182.86 contractor, have given careful consideration to the change proposed and hereby agree, it If is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: BY: / 7 7, 17 APPROVAL RECOMMENDED CONTRACTOR: Castello, Inc. TITLE: CONSTRUCTION ENGINEER DATE: /0/ z� / APPROVED: DATE: rQr�22�k CITY ENGINEER T CITY OF Ni *PORT BEACH PROGRESS PAYMENT CONTRACT NO. 3270 PROJECT: Bonita Canyon Sports Park BUDGET NUMBER' Ste Below ORIG. CONTRACT: $6,276,0011 00 EXTRAS: 5568,564.45 ENCUMB. NO. E043404 %OFTOTAL 9.06/, CO ?0'LLIO, W 15 -Oct-Ill ,Ev RT PAYMENT, �0.: 17 PAGE: I OF 1 DATE 02- Nov -01 TOTAL $6,544,584.45 Send p;lemenl to Castello, Inc. 480 Conoeilc 1Jn,, /i O TRACTOR DATE AMOUNT EAR::NED. RETENT(ON: PREVIOUS PAYMENTS: AMOUNT DUE L'7v1,✓Ll iuTL CONSTRUCTION ENCAN:ELR POBLIC -Kti 1JIRE <7J7: 35,992,970.91 ti 325 544 93 $51461,713.56 $205,622.13 I )ATE `I?ATE DESCRIPTION EST.AM UNITS BID PRICE AMT. COMP. ANILFAPsNED 1 Base Bid 1 LS 5,996,000.00 93.9092'. 55,454,098.35 2 bVest Park Tnt Lot I LS 65,000.(10 21.63971:: 14,065.81 3 Mid "ark Restroom I I_5 215,000.00 82.1861'. 176,71)0.01 Sublatal 5,644,864.20 Change Order 91 Earthwork /Subdmins I LS 532,00000 I0m 32,000.00 Change Ogdot e2 Time Extension 1 LS $0.00 100 16 0.00 Change Order 93 Sec. er Work 1 LS 511,298.75 100% 11,295.75 Change Clrdcr'.-4 Change SD Piping I LS (59,99400) 1O(1 (9,996490) Change Chder E5 Mod to Sider. alks 1 LS {543,504.45) 10(r; 143$0415) Chang, Order E6 Storm Drain Mod I LS 5),700.16 100 %. 1,700.16 Change Order E7 Water Main Abandon 1 LS 55$0400 100 °c 5,500 00 Chang, Cr.-der 9S Delete T -Patch Paring I LS (S3,A5fi.011) 1001; (3,556 ot)) Change Oder ) Sewer Extra (York I LS 523$09.55 W(Ml 23,509.55 Change Order s10 Grading Import Material ] LS S6,1US U0 100". 6,109 00 Change Cider =11 Irrigation Pipe Recisions 1 LS (51119,570.00) 80 "'0 (8],4'J6.00) Charge 01 dot #12 El e, triCaI Cannoctions 1 LS 2,692.00 1001.-;, 2,89' 00 Change Order Eli 111,1.0 services 1 LS 60,45595 100 ". ('0,45S95 Change Order E14 Modifv Outlet Shucture 1 LS 7,3IL30 100 "E. 7,31130 Change Order 915 Epoxe Irrg Mstr Valve, 1 LS 7,169.30 100 6-4. 7,16930 Change Chd,r E16 Bleacher Ch.nges 1 1,.5 14,370.40 100';. 14,3711411 Change Order El7 Tennis/ Basketball Courts 1 LS 113,000.00 70-, ;9,101)00 Change Order E 18 Slecving /conduit /hange 1 IS 10,717.24 100% 10,717.24 Change Order 919 Storm Drain Repairs 1 LS 9,765.04 100tk, 9,765.04 Change Order r20 Irrigation Modifications 1 LS 6,462.00 700 @� 6,962.00 Change Order 921 Copper Cruckats 1 LS 7,142.00 100,,. 7,142.00 Change Order £22 Planting Mod 1 LS 3,927.00 1011 1-.. 3,927.110 Change Order gLi Add 11'es(park OS I LS 336,603.70 45`.,. 151,4:1 (7 Change Ord,. :24 Wood Kill / faint Poles 1 LS 7,35700 10011 7,x5700 Change i),der 925 Fcrlilizer / Stakes 1 AC. 1 LS 5,619.27 100.,, 5,SI9.2: Change C kdar 9'6 Add Brim, +Std, +Trees I LS 23,IS2.86 609;. 13,909.72 Change Order -27 Tennis a- I3 -Ball Court Ad 1 LS 31,51638 60'r 18,909.83 E1N3404 Arvnunl Nunhbrq: 7441 {4I2 11434 520L;,5221I 7532- C412n43-1 $()00 Ih 7021- C4120434 So 00 7531 - 0(4)0292 50.00 Total $200622.11 Send p;lemenl to Castello, Inc. 480 Conoeilc 1Jn,, /i O TRACTOR DATE AMOUNT EAR::NED. RETENT(ON: PREVIOUS PAYMENTS: AMOUNT DUE L'7v1,✓Ll iuTL CONSTRUCTION ENCAN:ELR POBLIC -Kti 1JIRE <7J7: 35,992,970.91 ti 325 544 93 $51461,713.56 $205,622.13 I )ATE `I?ATE 9 • m m a w w n 0 d m 0 CD O O n _� cO�m CL 0 C d N 7 ci CL m to n� O en cn cn to rn rn q N 0000 W m OD ((n N 1 n N (n V A OODD CM o+ (n is (n (n o Z N V AO) W A (n cumo A A O O v N (O (D A A O (U A W co (n (n O O cn V m o_ O / � P Ci :3 i P N A n N m � w W a IJ g V O � m o m N � a P a P W iD W y m J_ O J StFhul Suret? t�'i� February 12, 2e62-° Mr. Dan Ohl, P pu ty tYR ey City of Newpo PO Box 1768 Newport Beach, CA 92658 Mr. Robert Gunther City of Newport Beach PO Box 1768 Newport Beach, CA 92658 ENHUM Claim File: 0400KF165446H00I (18) (1) Principal: Castello, Inc. Obligee: City of Newport Beach Bond No.: KF1654 Tracking No.: EP01060 Project: Bonita Canyon Sports Park Claimant: Holliday Companies dba Holliday Rock Co., Ire. Subject: Release of Stop Notice for $14,971.39 Dear Mr. Ohl and Mr. Gunther: Please find enclosed a February 4, 2002 letter from Holliday Companies along with a copy of a Release of Stop Notice. (I have maintained the original of the Stop Notice at our offices in Federal Way, WA.) 1 have also attached a copy of a Receipt, Release and Assignment form signed by Holliday Companies. Please maintain this Release of Stop Notice for your records and take into consideration upon processing of the next Pay Application. If you have any questions or require the originals for your files, please advise. We are directing payment to the Holliday Companies dba Holliday Rock Co., Inc. in the amount of S14,971.39. If you have any questions, please advise. Sincerely yours, United States Fidelity and Guaranty Company Peter A. Fje stad Senior Bond Claims Specialist (253) 945 -1542 (253) 945 -1559 Facsimile PAF/bw Date (0 rt� C) Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager �3'1Cttorne /�— ' Enclosure oi,10212.doc I a`i.r J/x • Holliday Companies 2193 W. Foothill Blvd. Upland, Ca. 91786 Telephone 909 -982 -1553 Fax 909 - 949 -6315 Sf, }7a S EXT 307 U, UfefY Clain) FEB ®g 2002 Feb. 4", 2002 Western Divislo, USF &G Co. Attn: Peter A. Fjeilstad P.O. Box 4689 Federal Way, Wa 98063 -4689 Re: Clain # 0400KF1654- 46H001(18) Dear Mr. Fjeilstad Thank you for your prompt & professional handling of our claim. Enclosed is the release and assignment form you have requested. Also enclosed is our release of Stop Notice, which you may use upon payment of our claim. Thank you again for your co- operation. Sincerely arve te Fo , Credit Manager ` 7o --7C Release of Stop Notice TO: CITY OFWPORT BEACH (Construction tender, Public Body, or party with whom Stop Notice was filed) 3300 NEWPORT BLVD NEWPORT BEACH CALIF 92658 -8915 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated DEC 12th 2001 in the amount of $ 14 971.39 against CITY OF NEWPORT BEACH as owner or public body and CASTELLO INC as prime contractor in connection with the work of improvement known as _ BONITA CANYON SPORTS PARK in the City of NEWPORT BEACH , County of ORANGE , State of California. Date FEB 4th, 2002 Name of Claimant:— HOLLIDAY ROCK C0.. T31C �' (Finn Warn By (Signature) CREDIT MA AGER (Authorized Capacity) VERIFICATION I, the undersigned, state: I am the —.-CREDIT MANAGER ( "Agent of", "President of; "A Partner of', "Owner of ", etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on FEB. 4th 9007 at State of CALIFORNIA or Au:nanzea Agent) PICA FORM 5 SOW (Ft". 2t87) SMut Surety • RECEIPT, RELEASE AND ASSIGNMENT • CO - � 70 CLAIM NUMBER: 0400KF165446H001 18 BOND NUMBER: KF1654 PRViCIPAL: Castello, Inc. I OBLIGEE: City of Newport Beach DESCRIPTION OF PROJECT: Bonita Canyon Sports Park CLAIMANT: Holliday Companies In consideration of the payment of Fourteen Thousand Nine Hundred Seventh and 39/100 Dollars ($14,971.39) and all sums heretofore paid, if any, by United States Fidelity and Guaranty Company, receipt and sufficiency of which is hereby acknowledged, Holliday Companies does hereby release, acquit, exonerate and discharge United States Fidelity and Guaranty Company and Castello, Inc. from all acts, suits, claims, damages and liabilities whatsoever on account of the claim filed for labor, material or services furnished for use in the performance of the above - described project which constitutes a claim against the above- identified bond(s). Undersigned agrees that receipt of these funds from United States Fidelity and Guaranty Company does not release undersigned from any obligations which may remain under its subcontract/agreement with Castello, Inc. in connection with the captioned project, including punch list and warranty work. Undersigned hereby acknowledges that United States Fidelity and Guaranty Company is subrogated to all rights which Undersigned has against all persons, firms or corporations who have benefited from the labor, material or services furnished for use in the performance of the above- described project; and, to secure said subrogation rights, Undersigned hereby assigns and transfers to United States Fidelity and Guaranty Company all rights of Undersigned against said persons, firms or corporations. Undersigned hereby certifies, covenants and warrants that all persons who have furnished labor, material, equipment or services to Undersigned on the above - described Project have been paid in full, and Undersigned agrees to indemnify and hold harmless United States Fidelity and Guaranty Company from any and all liabilities, losses and in the event United States Fidelity and Guaranty Company is required to pay or defend any claims made by any such persons. Undersigned agrees that upon receipt of the foregoing sum, any and all liens placed on the project or on public funds in connection with this project shall be released. -rVk SiSigned, sealed and delivered this gn day of Holliday Companies By: oe�T Title: Cpl wn, NOTICE TO Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 or 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92658– E 11 V ED (If Private Job — file with responsible officer or person at office or branch of cons iscte ri the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 317511 ?'{ ;)f '.;_r, p.;r GEArIi (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor. CASTELLO, INC_ Date ° _.__.._.. -- _— Sub Contractor (If Any) — n Mayor - Owner or Public Body: CITY OF NEWPORT BEACH ❑ Council Member Improvement known as 1701 1/2 FORD RD. ❑ Manager (Name and address of project or work of improvement) Lonthrnpv in the City of NEWPORT BEACH County of ORANGE State of California. ] _ HOLLIDAY ROCK CO., INC. Claimant, a CORPORTATION (Claimant) (Corporation /Partners /tip /. ore ropnelorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is (Nome o u cmrtrnc or /COnlracror/Orwrer- Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was ROCK SAND CEMENT. AGGRIGATES (Describe in derail) Total value of labor, service, equipment, or materials agreed to be furnished......... $ 146,449.76 Total value of labor, service, equipment, or materials actually furnished is............ $ 146,449.76 Credit for materials returned, if any ............................... ............................... $ N/A Amount paid on account, if any .................................... ............................... $ 131,478.37 Amount due after deducting all just credits and offsets ...... ............................... $ 14,971.39 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 $ 14,971.39 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) not (is /is not) attached. (Bond required with Stop Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date DEC. 12th, 2001 Name of Claimant HOLLIDAY_ROCK CO., INC. — Firnr Na ne) 2315 W. FbOTH BLVD. UPLAND, (CAdir lAdr£ss) By -- - - - - 0 zSSlb St CREDIT MANAGER _..r.- (Official Capacity) VERIFICATION I, the undersigned, state: I am the CREDIT MANAGER ('Agent of'; "President of'; 'A Partner of'; "Owner of'; etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and kncrN the contents thereof, and I certify that the same is true of my own knowledge. 1 certify (or declare) under penalty of perjury under the laws of the State of Californi hat the foregoing is true and correct. Executed on _.DEC. 12th_ _ —_ 2001 at __ UPLA State of CALIFORNIA PEQUEST FOR NOTICE OF ELECTION (Private Works Only) or If an election is made not to withhold funds pursuant to this stop notice by reason of a payment. bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant must enclose self addressed stamped envelope) 0 0 Release of Stop Notice, [i rV, i •02 APR -3 P3 :46 Y, OR! BEACH TO CITY OF NEWPORT BEACH Construction Lender (or party with whom Stop Notice was filed) (� . •�! • . •fit You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 11/29/01 , in the amount of $ 1 r 412 . 31 against CITY OF NEWPORT REACH as owner or public body and in connection with the work of improvement known as CITY OF NEWPORT BEACH 2K07 BONITA CANYON SPORTS PARK 1701 1/2 FORD ROAD in the City of NEWPORT BEACH , County of ORANGE State of California. Date as prime contractor Name of Claimant GANAHL LUMB —ER . CO. (Firm Nn e) By onn 1 - - (Siknattre) CREDI M ER (Official Capacity) VERIFICATION I, the undersigned, state: I am the CREDIT MANAGER ('Aozenl n)', Pre.r ulenl of", 'A Partner of", "O¢ne, o e(c.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on APRIL 1 , )qg 2002 , at COSTA MESA , State of CAT IPORNIA (Sit; mturd of (aimmtt o duthout vd ee,10 CREDIT MANAGER-' Date CoDles Sent To: ❑ Mayor ❑ Council Member ❑ anager 0 Attorney e1 RICA FORM 5 REV. 21'87) 0 0 Release of Stop Notice RECEIVED '01 DEC -6 A10:46 OFFICE CF T!i_" CITY CLERr C! i f F" 1 ;�I ORT BEACH TO: CITY OF NEWPORT BEACH Construction Lendet ,Tor party with whom Stop Notice was filed) 3300 NEWPORT BLVD., NEWPORT BEACH.':CA'92658 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 11/29/01 in the amount of $ 1 , 41 2 . 31 against CITY OF NEWPORT BEACH as owner or public body and CASTELLO INC as prime contractor in connection with the work of improvement known as CITY OF NEWPORT BEACH 2KO7 BONITA CANYON SPORTS PARK in the City of NEWPORT BEACH , County of ORANGE State of California Date Name of Claimant GANAHL LUMBER CO. By (Signal ref CREDIT MAN (Official Capacity) VERIFICATION I, the undersigned, state: I am the CREDIT MANAGER ('Agent U/', "President n/', A Partner a/', 'Owner of", etc. the claimant named in the foregoing Release; I have read said Release of Stop :Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on DECEMBER 03 State of CALIFORNIA BICA FORM 5 )REV" 2/87) btjyc-2M1, at COSTA MESA (Sign tare qf Clot 'Authorized nt) CREDIT MANAGER Date � a � Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager El 0 Stop Notice w CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO CITY OF NEWPORT BEACH RE CE IV F- C' (Name of Construction Lender, Public Body or Owner) 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92658 (Address) •01 OEC —3 A9 :45 (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing otl6ke 6 e E6u yn- ��s �11fi {e payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 32{47' ' F 'y' "S Acli Prime Contractor: CASTELLO INC Sub Contractor (If Any) Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as 2KO7 BONITA CANYON SPORTS PARK (Name and address of project or work of improvement) in the City of NEWPORT BEACH County of State of California. ORANGE GANAHL LUMBER COMPANY , Claimant, a CALIFORNIA (Claimant) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is CASTELLO INC. (Name of Suhcontrarlor✓Contractor /Owner - Budder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was LUMBER, HARDWARE AND RELATED ITEMS (Describe in delail) 7 500.00 Total value of labor, service, equipment, or materials agreed to be furnished......... $ Total value of labor, service, equipment, or materials actually furnished is............ $ 7,359.57 Credit for materials returned, if any ............................... ............................... $ Amount paid on account, if any .................................... ............................... $ 5,947.2 Amount due after deducting all just credits and offsets ................. I................... $ 1 , 412.31 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 , 41 31 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigion, as provided by law. A bond (CIVIL CODE SECTION 3083) is n attached. (Bond required with Stop lislis not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date 11/29/01 Name of Claimant GANAHL LUMBER COMPANY (hirm Name) 1275 SO BRISTOL ST (Mailing Address) a COSTA MESA A 92626 a r— B p.^^^ -,-. y•�, �, y ignantrel CREDIT M NAGER _ W ca cC . ; tgfftoal Capuci( VERIFICATION I, the and rst ned, state: l am the CREDIT MANAGER ('Agent of'; "President of'; ..4 Partner nf'; "Owner of': etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _NOVEMBER 29 _ , P9x 2001 at COSTA State of CALIFORNIA REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant must enclose self addressed stamped envelope) BICA FORM 4 IFSNOI) 1/1189 GANAHL LUAR COMPANY *REQUESTED COPY* Credit Department STATEMENT 1275 South Bristol St, Costa Mesa, CA 92626 11 -29 -01 Phone: (714) 513.3858 Fax: (714) 436.9672 ACCt #28350.1 -49 JOB NAME & ADDRESS CASTELLO INC 2KO7 /BONITA CANYON SPORTS PARK 480 CORPORATE DR 1701 1/2 FORD RD ESCONDIDO CA 92029 NEWPORT BEACH CA 92658 TOTALS 1.412.31 563.33 250.85 555.28 42.85 TERMS & CONDITIONS: INVOICES ARE DUE & PAYABLE AT THE OFFICE LISTED ABOVE ON OR BEFORE THE 10TH OF THE MONTH FOLLOWING YOUR PURCHASE. IF PAYMENTS ARE NOT MADE PURSUANT TO THE TERMS OF GANAHL LUMBER COMPANY, A LIQUIDATED DAMAGE CHARGE (COMMONLY REFERRED TO AS A LATE CHARGE) OF 1.5% PER MONTH OR THE HIGHEST RATE LEGALLY ALLOWABLE IN CALIFORNIA WILL BE CHARGED TO ALL ACCOUNTS NOT PAID BY THE END OF THE MONTH FOLLOWING YOUR PURCHASE. AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT REFLECTING ON CREDIT RECORDS MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIT OBLIGATIONS. SUMMARY OF MONTHLY ACCOUNT ACTIVITY PREVIOUS BALANCE + INVOICES & CREDITS PAYMENTS RECEIVED 848.98 563.33 0.00 TOTAL AMOUNT DUE 1,412.31 INVOICE INVOICE PAST DUE PAST DUE PAST DUE INVOICE# DATE AMOUNT CURRENT 30 -60 DAYS 60 -90 DAYS OVER 90 DAYS LP4252 07 -25 -01 42.85 42.85 M582191 08 -27 -01 63.21 63.21 M583576 08 -30 -01 120.27 120.27 M585746 09 -05 -01 53.19 53.19 M586775 09 -07 -01 37.38 37.38 M588522 09 -12 -01 13.67 13.67 M590846 09 -18 -01 79.60 79.60 M591102 09 -18 -01 47.68 47.68 M591603 09 -19 -01 84.58 84.58 M593958 09 -26 -01 55.70 55.70 M602482 10 -18 -01 241.88 241.88 LP4556 10 -25 -01 8.97 8.97 M607845 10 -29 -01 5.78 5.78 M609344 11 -01 -01 43.18 43.18 M611393 11 -07 -01 264.06 264.06 M612005 11 -08 -01 224.61 224.61 M613885 11 -13 -01 25.70 25.70 TOTALS 1.412.31 563.33 250.85 555.28 42.85 TERMS & CONDITIONS: INVOICES ARE DUE & PAYABLE AT THE OFFICE LISTED ABOVE ON OR BEFORE THE 10TH OF THE MONTH FOLLOWING YOUR PURCHASE. IF PAYMENTS ARE NOT MADE PURSUANT TO THE TERMS OF GANAHL LUMBER COMPANY, A LIQUIDATED DAMAGE CHARGE (COMMONLY REFERRED TO AS A LATE CHARGE) OF 1.5% PER MONTH OR THE HIGHEST RATE LEGALLY ALLOWABLE IN CALIFORNIA WILL BE CHARGED TO ALL ACCOUNTS NOT PAID BY THE END OF THE MONTH FOLLOWING YOUR PURCHASE. AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT REFLECTING ON CREDIT RECORDS MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIT OBLIGATIONS. SUMMARY OF MONTHLY ACCOUNT ACTIVITY PREVIOUS BALANCE + INVOICES & CREDITS PAYMENTS RECEIVED 848.98 563.33 0.00 TOTAL AMOUNT DUE 1,412.31 RECEIVED La Habra Fire Protection & Plumbing MAR 1 4 i PO Box 1587 ���� t- ;_::.._ �. Covina, Ca 91722 -0587 Public y Works Department (626) 581 -0419 (626) 581 -0519 Fax Q of New rt Beach vi? KKR 1`T4 9422 RE LEASCE'� -. WE SWWO klblCtICE To: City Of Newport Beach Public Works Dept 3300 Newport Blvd Newport Beach, Ca 92658 Re: Bonita Canyon Sports Park 1701 Y2 Ford Road Newport Beach, Ca Date IO Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager "ET-1k,ttornq - UUJJ You are hereby notified that the undersigned claimant releases that certain Stop Notice dated January 15, 2002 in the amount of $50,837.63 against City Of Newport Beach as owner or public entity and against Castello, Inc. as prime contractor in connection with the work of improvement known as Bonita Canyon Sports Park, 1701 '/S Ford Road, Newport Beach, Ca. Date: March 5, 2002 Name Of Claimant: La Habra Fire Protection & Plumbing (Signature) (Offi al Capacity) VERIFICATION I, the undersigned state: I am the Agent of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State Of California that the foregoing is true and correct. Executed on March 5, 2002 , at West Covina, State Of California (Signature Of Claimant) CONSTRUCTION FUNDS STOP NOTICE CALIFORNIA CIVIL "F s LFTV EL183,3181-3187 Notice To: City OF Newport Beach - Public Works Dept 3300 Newport Blvd. Newport Beach, Ca 92658 Claimant Company La Habra Fire Protection & Plumbing PO Box 1587 Covina, Ca 91722 -0587 '02 JAN 18 A10:54 OFFICE OF "F CI i Y CLERt PORT BEACH For The Project At: Bonita Canyon Sports Park 1701 M. Ford Road Newport Beach, Ca Has furnished, or agreed to furnish, the following, labor, services, equipment or materials: Date d / 0 L Copies Sent To: To supply labor and material to perform the following: Plumbing, On -site Water, On -site Storm Drain, On -site Sewer. ❑ Mayor ❑ Council Member ❑ Manager And these materials were requested by and fumished to or for the following person(s) or company: �n ffiay La Habra Fire Protection & Plumbing /`�' ^ J Prime Contractor: Castello Inc. 0 480 Corporate Drive Escondido, Ca 92029 -1509 Total value of the entire amount of labor and materials agrees to be furnished ......... ............................... $ 527,217.87 Value furnished to date ........................................................................................... ............................... 521,217.87 Refundsor credits given .......................................................................................... ............................... 0.00 Payments received by Claimant to date .................................................................. ............................... 470,380.24 Total amount due Claimant after all credits and offsets .......................................... ............................... 50,837.63 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 50,837.63 And in addition to the amount due, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. Company: La Habra Fire Protection & Plumbing By: (Owner /agent of Claimant) '• "'•*'* VERIFICATION "•'•"••' I, the undersigned say: I am the (, G � of the claimant named in the foregoing Stop Notice. I have (Ow r, Agent, Etc.) read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on' -4,?.,u cC� Al5 ✓ (,� at i rct JI J'`1 (Dater (Year) (City) (State /zip) RELEASE OF STOP NOTICE To: CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 RE: FLINTRIDGE LANDSCAPE 2973 RANDOLPH AVE COSTA MESA CA 92626 STATE OF CALIFORNIA COUAT"F ORANGE SIGNER SUBSCRIBED AND SK' RN TO BEFORE ML THIS DATE. —O (N ARY PUB SEALJSTAMP You are hereby notified that the undersigned claimant releases that certain Stop Notice dated November 30, 2001 in the amount of $32,452.31 against CITY OF NEWPORT BEACH as owner or public entity and against CASTELLO CONST as prime contractor in connection with the work of improvement known as "BONITA CANYON" 17011/2 FORD RD BONNIE L MACLENNAN NEWPORT BEACH CA Commialon # 1218908 .: Notory Public - Confornia Orange County _ My Crsnm. r -fix Noy 10.20x1 Date: February 22, 2002 Name of Claimant: UNITED F,NTALS [Signa ure] LEGAL DEPARTMENT [Official Capacity] V E R I F I C A T 1 0 N I, the undersigned, state: I am the LEGAL DEPARTMENT of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 22, 2002 at IRVINE, [ Signaturd of Claimant ] ANNE SIMPSON, LEGAL DEPARTMENT Forms by Caprenos Inc. 0 4iitate of Rlifornia< � rr W Ll 140 unit it) tie-sij RMT SM Amoisis %AV 0,.Av"i JOIA UA�j a A CONSTRUCTION FUNDS STOP NOTICE CALIFORNIA CIVIL CODE SECTION 3103,3181- 3187 -------------------------------------------------------------------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 Date /14 I I _ "BONITA CANYON" 1701 Copies Sent To: ❑ Mayor O Council Member CLAIMANT COMPANY ❑ Manager UNITED RENTALS 01Attc ATTN: ANNE SIMPSO SON ]'P'. 19772 MAC ARTHUR BL, #260 4 Ito IRVINE, CA 92612 I] and these materials were requested by and ( furg-e- '— following person(s) or company. t v; FLINTRIDGE LANDSCAPE 2973 RANDOLPH AVE COSTA MESA CA 92626 1/2 FORD RD NEWPORT BEACH CA m,, THE PRIME CONTRACTOR CASTELLO CONST Total value of the entire amount of labor and materials agreed to be furnished .... 32,452.31 Value furnished to date 32,452.31 Refunds or credits given _ _ .. .................... __ _ - 0.00 Payments received by Claimant to date _ _ _._ 0.00 Total amount due Claimant after all credits and offsets ..... . ... ....... ............ ________ 32,452.31 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 32,452.31 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY : [Claimant] BY UT I, the undersigned say: I am the E R, I F I C A T 1 O N the claimant Ljuwnei ui, riewueni ui, r+ycm ui, m .I named in the foregoing Stop Notice, I have read said Stop Notice and know the contents thereof, the same is true of my own knowledge. I declare rrider penalty of perju under he laws of th%1State of California that the fore go i g i. tru and correct. Executed on at lJ t - L --Q— fx D [Date] [Year] (City] [State /zip] —I, mna i� irat 1 � REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Capmnos Inc. I Claimant must enclose self- addressed stamped envelope ] m has furnished, or agreed to furni*bl the following ]'P'. labor, services, equipment or rn*lals: A ;� CONSTRUCTION RENTAL- --1 EQUIPMENT, SERVICE!,AND /OR 4D t v; MERCHANDISE >-- un �� un THE PRIME CONTRACTOR CASTELLO CONST Total value of the entire amount of labor and materials agreed to be furnished .... 32,452.31 Value furnished to date 32,452.31 Refunds or credits given _ _ .. .................... __ _ - 0.00 Payments received by Claimant to date _ _ _._ 0.00 Total amount due Claimant after all credits and offsets ..... . ... ....... ............ ________ 32,452.31 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 32,452.31 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY : [Claimant] BY UT I, the undersigned say: I am the E R, I F I C A T 1 O N the claimant Ljuwnei ui, riewueni ui, r+ycm ui, m .I named in the foregoing Stop Notice, I have read said Stop Notice and know the contents thereof, the same is true of my own knowledge. I declare rrider penalty of perju under he laws of th%1State of California that the fore go i g i. tru and correct. Executed on at lJ t - L --Q— fx D [Date] [Year] (City] [State /zip] —I, mna i� irat 1 � REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Capmnos Inc. I Claimant must enclose self- addressed stamped envelope ] You are hereby notified that the undersigned claimant releases that certain Stop Notice dated March 5 , 2002 in the amount of$ 508,623.33 against City of Newport Beach— Public Works Dept.. as owner or public body and Castello, Inc. as prime contractor in connection with the work of improvement known as Bonita Canyon Sports Park 1701', Ford Road in the City of Newport Beach State of California. Date March 5, 2002 Beach, Ca. 92658 Name of Claimant: County of Orange Flintridge Landscape Co. Inc. (Signature) President (Authorized capacity) VERIFICATION I, the undersigned, state: lam the President. ('Agent of'. 'President of", 'A Partner of', "Owner of-, etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under pena!ty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 5. 200 State of California 192002 at Costa Mesa WOLCOTTS FORM 898— RELEASE OF STOP NOl --99 Before you use this form, read it. fill in all blanks, and make whatever changes are appropriate and III IIIIIIII I III II I a 1999 WOLCOTT$ FORMS. INC. (once class 9A) necessary to your particular transaction. Consul a lawyer it you doubt roe form's fitness for your purpose and use. Wolcons makes no represemal or warranty, express or implied. .0 respect to the Meomn. tab'' nily or fitness of this him for an intended use ispurpose. 7 67775 39898 4 EEV EI�f __ ° �. RELEASE OF STOP NOTICE M Y wo A .d g 4 C1 0 0 02 MAR -6 A10 :13 C5 T0: City of Newport Beach - Public Works Dept. OFf' ^= nr (Construction lender, public body, or parry wM whom Stop Notice was filed) C IT BEACH 3300 Newport Blvd. Newport Beach Ca. 9265...,,-)15 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated March 5 , 2002 in the amount of$ 508,623.33 against City of Newport Beach— Public Works Dept.. as owner or public body and Castello, Inc. as prime contractor in connection with the work of improvement known as Bonita Canyon Sports Park 1701', Ford Road in the City of Newport Beach State of California. Date March 5, 2002 Beach, Ca. 92658 Name of Claimant: County of Orange Flintridge Landscape Co. Inc. (Signature) President (Authorized capacity) VERIFICATION I, the undersigned, state: lam the President. ('Agent of'. 'President of", 'A Partner of', "Owner of-, etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under pena!ty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 5. 200 State of California 192002 at Costa Mesa WOLCOTTS FORM 898— RELEASE OF STOP NOl --99 Before you use this form, read it. fill in all blanks, and make whatever changes are appropriate and III IIIIIIII I III II I a 1999 WOLCOTT$ FORMS. INC. (once class 9A) necessary to your particular transaction. Consul a lawyer it you doubt roe form's fitness for your purpose and use. Wolcons makes no represemal or warranty, express or implied. .0 respect to the Meomn. tab'' nily or fitness of this him for an intended use ispurpose. 7 67775 39898 4 v • v. Pry • . va- RECEIVEgAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS. (Public or Private Work) (Per California Civil Code Section 3103) To: City Hof Rfewpoit PJac9i- Public Works pt _ INAmE OF OWNER, PUBLIC BODY oq COnSTPUCcO N FUND HOLSHR) Project:�ita- -�anT, ^AC "ts PAY 17011,2 Ford Road (ADDRESS) NPwoort Peaoh- IT Q25 58 ( Y 9 TARE AND Z'.P TAKE NOTICE THATFlintridge Landscape Co. Inc. INAI.IE OF THE Pc:50N OF FIRAI Clg";NG THE STOP NOLCE. EICEIISED CO11RACTORS MUST u5E 1HE NAME UNDER WHICH CONT.C10P S LICENSE IS *SUED) whose address is 2973 Randolph Ave. Costa Mesa Ca. 92626 (AOORISS OF P'RSON OR NRM CLAIMING STOP NOTICE) has performed labor and furnished materials for a work of improvement described as follows: Bonita Sports Park 1701 �; Ford Road Alec rpi gp h ra o so �. E AIIO LO�AE6 Hf PFO:E:T vmERE wORR OR MAiERMtS WERE NRNISNEOI The labor and materials furnished by claimant are of the following general kind: end COa and i r_t�_ ion MIX G LA90R, SERnCES, tCWP:,IEAI. CR AIA'ECAIS 11R1.15HE0 CR AGFEEO TO BE FUFNISHEO BY CLAWANN The labor and materials were furnished to or for the following party: Castei in, Inc- 457 Corporate Drive, Escondido, Ca. 92029 -1507 (NAME OF THE PARTY WHO [APNRED THE WORK OR MATERU1,51 Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ 2,033,410.07 The value of the labor and materials furnished to date is: ............................................................ $ 1,6 156.64 Claimant has been paid the sum of: ............................................................................................ $ 1,279,333.77 And there is due, owing and unpaid the sum of : ........................................................................ $` SORB 62"1_"1"1 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: Flintridge Landscape Co. Inc. By: ■/�" '✓ /yA /-)- IN,?` OF s ^=.A::CE CL +uA.v[I �- In'xeFR of AGENT OF STCV NOTICE OLAVAl 1' F''J5: SON HERE A: D vE.':F, EDO,) VERIFICATION I, the undersigned, say: I am the President the claimant (- PRESIDE +T C',- - MANAGER CF,' -A PARTNER Of,' 'OWNER OF,- -AGENT OF,- FTC.1 named in the foregoing Stop Ne:icL'; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 14 . 7 01 at E 11146 (DATE T.'s DORP,aN' NA551GNM) IN:. F[ITY +ND STATE WHERE NOTICE S @II Ile$ Sent Tot 7 " /b� Mayor FRSJf:AI sGIM I,PC Cr Is7+E RIFry' nUT TN 111 OP ST 01 Ni ARE TRIV orney REQUEST FOR NOTICE OF ELECTION +� (Private Works Only) (Per California Civil Code Section 3159, 3161, or 31'62) �i 'efion is made not to withhold funds pursuant to this slop notice by reason of a payment bond having been recorded in accordance with Sections'3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddr essed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: c Lalrnwt I.fla Erusa Ser..Aeerassca Stamped Envelope) STOP NOTICE - rev. 7 -99 Before you use this form, fill in all blanks. and make whatever changes are appropriate and O 1999 WOLCOTrS FORMS. INC. necessary, to your particular transadon. Consult a lawyer if you doubt the forms fitness for ywr rivrpose and use. Wolcolfs makes no representation or warranty, express or implied, with SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. respell to the merchantability or Wass of this form for an intended use or purpose. %LEASE OF STOP NOTICE • r 1 �V , i s �� •• i A C14 02 FEB 26 A10 :36 ae c ), 64 CfF E_ 'y Ltnr This Release hereby releases that certain Stop N Z Notice dated / ISID in the sum of J ` for supplied to 64144 ly J-4r, for use at the above described location. Dated: v /��� �2— By: STATE OF CALIFORNIA ) ) ss COUNTY OF ) On this�50 [�v �Z�Z- , before me, the undersigned Notary Public, in and for said State, personally appeared • &Rt4 56tKn1Za- e (or proved to me on the basis of satisfactory evidence) to be the person4 who name() Q3re-subscribed to the within instrument and acknowledged to me that kje6lj� they executed same in -h �their capacity(ie5T, and that by his lfi�heirsignatureVon the instrument the persoo( ), or entity upon behalf of which the person(s/acted, executed the instrument. WITNESS my hand and o cial seal. Signature 5 -14 K SWEARINGEN _ Commission i 1328822 z Notary Public - California £ San Diego County My Comm. Expires Dec 5, 2005 _S E 0 Z'Z,FVII a A) n ARE has famished or has agreed to IM STOP NOTICE • NOTICE TO 111191111111110 10 HOLDER of FON05 lV -<�a�i male d amubaclim a ha atfrcu) /� �'� /�� (Aedias of eww a caaWlat -�� ersigned Clan mmaappI � � r ' AhgZga/ .n4-171d-?b Pill of the following fund 2i.1' L4 I J-1 1 10 or fm- r I." of Dump to x la 110M. legal wWri of taha, �3I{ 1 A . geiameal a calif ills) All :12 . V—!HOLUER OF FUNDS. (1FFICE , Ci! Y Cl tE.RF C11 Y OF ;L WPORT BEACH ,. , mar Ore nOrA'awtvanenL loam) at, or known as: VV The amount in value of nor whole lifted to be done or luraished by claimant is The amount in value of that already done. nr Omished by claimant is S �� aT / 2'—ate � �//— �y� Claimant has been paid the sum of SaL:L=. and there remains de and unpaid the sum of Sz.(a _ 157 plus merest thereon at the rate of—ID—Per ant per anman from &2y I/, ' 49' 1 YOU ARE HEREBY NOTIFIED TO WITHHIXD SUFFICIENT EMS TO SATISFY THIS WHO WITH Dated.�� Date Copies Sent To: ❑ Mayor ❑ Council Member STATE OF NIA u [I Manager 411 m`,_�— arid says: That y� is the oerianlsl cabs newel the IareLoiig Slap Natiu; that to be true of h.eL own knowledge, eaupt as to airy mutters or things that may ❑ as to those matters and things the bebeva them to be tip- has mad the same ale n Drsbted ou h a!�' , 6.10,02,D �r ee . r fl <�La��.az�w being duly sworn, deposes and Willi and � S / Subscribed and sworn to before me 7t- Le-- GLORIA K. GRIFFITHi Er - -20oZ COMM. = 1200434 NOTARY PUBLI"ALIFORNIA6) SAN DIEGO COUNTY O MHe w No b said State COMM, EXP. NOV. 1, 2002 \ ML .e..e.N Fri scan oo. +n.e l.eeia. D. W uaf war.wi elan law da, .a.a k a r atl al..y .�rM rnnea a ..ae ' wmaeortw .mwr n.—wrv. sea �w�umnn .. RELEASE OF STOP NOTICE FOR PUBLIC WORKS A ' kttt '02 FEB I I A 8 :4 7 TO: PUBLIC ENTITY City of Newport Beach (Name of Ptic Enliy _ Clybt Clerks Office s oa � o��pl ewport Blvd. " _,yP!'RT 6LAC) (streetVewpbrt Beach, CA 92658 (City( (state) ILp) __________________________________---------_--__—________--_ "_______--- _— __-------- ______�� FROM: STOP NOTICE Pacific Soil Stabilization CLAIMANT'S NAME (Nam leoJ,CJaipaintj- Stowell Rd. #A IStreeLprr /O,`7Box1 Santa Maria, CA 93458 (City) (State) (Z,p) The undersigned hereby withdraws and releases the stop notice filed on 12/15/01 19 -, with the above -named public entity against Castello, Inc. (Name Of Original Conaactu,) in the amount of $ 11 , 133.90 for labor, services, equipment, or materials performed or furnished in connection with the ORIGINAL CONTRACT # 3270 for the performance or construction of the public work of improvement consisting of: Bonita Canyon Sports Park, 17012 Ford Rd. Newport Beach, CA (give IO Won and 9eneal de,,,.W n d public work) The undersigned also hereby releases .City of Newport Beach (insert name of puNic entity) and its subdivisions and agents, from any further duty under Section 3186 of the Civil Code of the State of California to withhold money or bonds in response to the stop notice and waives any right of action against them that might accrue thereunder. DATED: 2/5/02 Telephone: (805-925 -7737 (Convauor s License p Date Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager AttornDy iz19 w. Stowell rd. VA (street or PDan)ta Maria, CA 93458 (City. State, Zip) VFR, Inc. - FORM JJ PUB!* WORKS - PRELIMINARY 20- DAYADTICE PUBLIC ENTITY: ORIGINAL CONTRACTOR OR REPUTED ORIGINAL CONTRACTOR: City of Newport Beach Castello, Inc. rr� 1: (NAME) p j^� (NAME) (NAME) ' `E�' -� 9 3300 Newport Blvd. 480 Corporate Dr. Newport Beach, CA 92658 -8915 Escondido, CA '0120UK 21 A9 :15 DITYI (STATE) (ZIP) (CITY) (STATE) (ZIP) Date pie a p PRIME SUBCONTRACTOR (IF APPLICABLE): Copies Sent To: u Inc F -, i. , -. Y CLE "r',N. ❑ Mayor 3E; +C1{ Council Member (NAME) _ Ma ^a; r (ADDRESS) r" N J W CITY) (STATE) (ZIP) < " - -- NAT-OF S HEREBY GIVEN that the undersigned has performed and will perform or has furnished and will [Ty'Irni¢n lannr �. �oryices or equipment or materials to the construction project located at: C B a anyon Sports Park, 1701 %2 Ford Rd., Newport Beach, CA 92658 (DESCRIBE JOBSITE SUFFICIENTLY FOR IDENTIFICATION) The following information is given as required by Section 3098 of the Civil Code of the State of California: 1. The labor or services or equipment or materials performed and to be performed or furnished and to be furnished is /are as follows: Erosion Control -Turf Reinforcement Mats and Staples (STATE GENERAL DESCRIPTION WITH SUBSTANTIAL ACCURACY) 2. Labor or services or equipment or materials was /were performed or furnished from: .10/22/01 - 1 19to 12/14/01 ,19 ;and 3. The labor or services or equipment or materials waslwereland will be performed or furnished to Steve at Castello Inc. (INSERT NAME OF PARTY WHO CONTRACTED FOR THEIR PURCHASE) DATED:. 12/15/01 Telephone Number: (805 ) 925 - -7737 NAME DF FIRM) Contractors License NI SIGNATURE OF CLAIMANT OR AGENT) Owner _1279 W. Stowell Rd. #A (STREET OR P.O. BOX) - Santa Maria, CA 93458 (CITY, STATE, ZIP) DECLARATION OF SERVICE 1 Bill Saladin , declare that I served copies of the above Preliminary Notice by first class registered /certified mail, postage prepaid, on the public entity Ininal contractor, and where applicable the prime subcontractor at the above address, on 12/15/01 g 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on 12/15/01 ,at Santa Maria _,California Signature of person making service: ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED Nino-- Public Er" Copy, Canary- Genme) Contractor Copy, Pink -Prime Subconnow Copy. Goldenrod -File Copy P.O. Box t. Loomis. California 95650 (916) 652 7267 VFR, Inc. - FORM AA STOP N ICE - PUBLIC WORKSOR JECTS (Cal, Civil Code § §3103, 3181 -3187) TO: PUBLIC ENTITY FROM: NAME OF CLAIMANT City of Newport Reach Pacific Soil Stabilization (name of public entity) (name of claimant) 3300 Nawnort-_ Rtvd. 1279 W. Stowell Rd #A (subdivision, if applicable) (street or P.O. box) Canty Maria 17A Q9d9R . (str et or P.O box) (city) (state) (zip) (city) (state) (zip) PLEASE TAKE NOTICE that the undersigned pursuant to Civil Code Section 3181, and who performed or agreed to perform or furnished or agreed to furnish labor or material or services or equipment to Castello, Inc. (insert name of contractor for whom performed or furnished) to be used or used in the public work of improvement consisting of: Bonita Canvon Sports Park, 1701'- Ford Rd. Newport Beach, CA (insert location and general description of public work) This public work Is being performed or constructed pursuant to the ORIGINAL CONTRACT, p 3270 , entered Into between you and Castello, Inc. , the original contractor for the work of improvement. The following labor, materials, services, or equipment have been performed or furnished between the dates of 10/22/01 19and 12/14/01 119—: Erosion Control –Turf Reinforcement Mats and Staples (Insert general description of labor, materials, services, or equipment) PLEASE COMPLETE: YES NO 1. Do you have a direct contractural relationship with the primeloriginal contractor? ( x) ( ) 2. Is the claim for ACTUAL LABOR for wages owing claimant? ( ) (x ) * * * * *if the answer to both qeustions is NO , please complete questions 3 and 4: 3. On what date did you first furnish labor, services, equipment, and/or materials? '19— 4. Within 20 days of that date, did you serve a preliminary notice under Civil Code §3098? a.) On the prime/original contractor? ( ) ( ) b.) On the above public entity? ( ) ( ) 5. That the total value of labor, services, equipment, and/or materials furnished by claimant 11,133.90 or agreed to be performed is: $ 6. That the value of labor, services, equipment and/or materials so performed or furnished as of the date of this notice Is: $ 11,133.90 7. That such claim has not been paid except that there has been paid thereon the sum of: $ 0 - 8. That there remains unpaid which Is due this claimant and is unpaid: AMOUNT OF CLAIM $ 11,133.90 9. Interest on the amount of claim from 12/l/01 19 to date $ 167.01 of this notice at the rate of 1 R °per cent per annum: Therefore, the undersigned hereby requests and demands that you withhold sufficient funds to satisfy this claim as required under Section 3186 of the California Civil Code relating to stop no as 'for public works. /, DATED: 12/15/01 & 214 y, -- (slgnatur f claimant's officer or agent) (lelep one numbeq Owner (title) I, Bill Saladin ,declare that: I am the person named as claimant or agent for claimant in the foregoing stop notice. I have read It and know the contents thereof. It is true and correct of my own personal knowledge and contains, among other things, a correct statement of my demand. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on 12/15/0 19—at Santa Maria California. (signature) WPm Pwx Entry Copy, rarwynb Gaily P.O. Box 512, Loomis, Calllornia 95650 (916) 952 -7237 VFR, Inc. • FORM EE Purchase Order Castello, Inc. 490 Corporate Drive Escondido, CA 92029 -1509 (760) 747 -6500 Vendor: PACIFIC SOIL $TABILIZATION 1279 W. STOWELL ROAD, UNIT A SANTA MARIA, CA 93458 (B00)473 -1965 FAX: Quaetity Vanity 7aacription %N soils c- : - ?.50 6rosior. ; :'Ont:L01 .'urf i4 cases Staples {s 4 +Ie5 tax _ _� C•'rc i.ghi. �'// 7/6// 0 PO Number: 2807 -64 Order Bate: 10 -17 -2001 Job: 2K -07 Ship To Bonita Canyon Sports Park 1-701 1/2 FCkU ROAD NEWPCRT BRAUN Unit Price A=Unt $108.00 99,504.O0 542.00 -588.CC $ - " �6.9ti $756.9(: `28`....00 ci:>B °i.0: TOTAL $11,133.90 PACIFIC SOIL STAIZATION 1279 W. STOWELL RD., UNIT A SANTA MARIA, CA 93458-9720 (805) 925-7737 Inc. !1. 1 'J, t C) 12,29 0 Invoice #1)0007936 S flip' I Q: Job #2K-07 Bonita Cyn. Sports.flark Project 1701 and 1/2 Ford Rd. .\iewporl Beach, CA 92658 frivo;cc h ALESFErsoti. � - YOUR 4RUER NO. I , ZHIP " VIA rOL I PFD 1 SHIP DATE %%% -Rms - DATE PG. 2K07-64 Net 30 10/2410i OTY. A) N a imp 7 PRI E UNIT 01K, PRICE TX iii North American $108.00 1,011 $9,504.00 X Greu,C-350 Siaples,b"x $42.00 case $583.00 X gauge. 1000 PAID Af-TER DUE DATE �VTI.L ACCRUE SA LE,AMOUNT $10,0921.00 k-i "%.I, JNTER-E'�`l AT THE RAlf, OF i AND 1/2 C FREIQK� 285.00 i I J)ILFASE PA Y PRO -M INVOICE. [HANK SALES TAX TOTAL AMOUNT $ I 133,9Ci PAID TODAY $0.00 BALANCE DUE $11, 133.90 RECEIVED MAR 1 4 ?002 Public Works Departmel Citv of Ne'woort Beach ri RELEASE OF STOP NOTICE '02 MAR I4 All 32 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 42 / i in the amount of $ Z0 Z against mil// , t A? — I as owner or public body and 7 as prime contractor in connection with the work of improvement known as ( / _ / —21) / �/) in the City of / /��L L1��� County of State of California. ll Date��/ 6� 20 c� 3 Date O Name of C Copies Sent To: B FJ ' "aY ^f y FJ •�')IJ nCIi � :teRluef — - - - -( — VERIFICATION the undersigned, state: I am the the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and c orrect. Executed 6P Executed h� Q(Z at ,(2ZZ Z? / State of (Signature of Claimam or AdtROrized Agent) wOLCOTIS FORM 898 — RELEASE OF STOP NOTICE —New 4.93 Before you use Nis loan, reatl it. fill in all blanks. lawyer make whatever changes are or your pur ose IIIIIIIIIIIII IIII VIII IIII IIII V993 WOLCOTTS FORMS, INC. (price Class 3A) neCY35aly lD ypur partiC Ul af' fmlp h0n. COnSUlld1¢Wy¢I it you doubt the fprlfis lnpe¢s for your pury0¢¢ and use. wolcons makes no represemadon or warranty, express or implied, win respect to Me mercbam lability or fitness of This form for an intended use or purpose. 7 67775 39898 4 01 VF IYV 11\IIrtC LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) /� (Per California Civil Code Section 31033)) n To:liLTx of A5wPoQT T3EgeH Project:13on�ITR� CffA) tO5f�e -9 A�R INwmE OF owxER, PDeuc eapv OB corvsTRUCnoN Fuxo HoLOER) INAME) 3300 /JEc.�l�o2T c3ouCcyfFkD Foleo 2oaD IADDPE55 If OINECiEO TO A BANK OP SAVINGS AID LOAN ASSN ., USE ADDRESS OF BRANCH HOLDING LUNG) IAOOHESS) iVEtJ f`�kT (3Et}cj , CA 4� -658- 8915 NEwR T /3Ef+c r+. CA- 42658 1 v, STATE AND bPl T (CITY STATE D Z TAKE NOTICE THAT FE.t?R-A)DELL,f /L) U/S COMMS LNC . whose address is Z 12-0 TIM IY y DuR ft)TE ,13LU D � /OZ DEL pl4g,' CA- %2C /y (ADDRESS OF PERSON ON FIRM CLAIMING STOP NOTICE) has performed labor and furnished materials for a work f improvement described as follows: 50/U/ TA C k) 7O&) 5/` 04:Fs -ff2 !` ! ?O! 17Z FoQ- D 20,14 D A),F0 FORT B67&446 a V& (NAME AND LOCATION OF THE PROJECT WHERE WORK OP MATERIALS WERE FURNISHED) The labor and materials furnished by claimant are of the following general kind: SET FeAnL �,2A.) IS fit AX)D 2A)sTAL -L Cox)rk �, fOSTTE,t�sio� cAmLEs,2E�i9�' iF��rLE �yLEs (KINp OF LA OR, SERVICES. EOVIPMENT, OR MATERIALS FURNISHED OR /AGREED TO BE F NISHED BY CLAIMANT) 7 The labor and materials were furnished to or for the following party: (-EvQi%/f%DELL- T�nJIV js �LiI�St G AS TEL L a -rAr,, NAME OF THE PARTY WHO ORDERED THE WORK OR MATERIALS) Total value of the whole amount of labor and materials agreed to be furnished is: ........................ $ 114 () 7. 44 The value of the labor and materials furnished to date is: ..................... ...................................... $ Z 63.p Claimant has been paid the sum of:... ......................................................................................... $ And there is due, owing and unpaid the sum of: ........................................................................ $ . D� You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this . project which are in your hands. FIRM NAME: FEtANDELC TENRIIS CUUkTS. SNP. By: (NAME OR STOP NOTICE CLAIMANTI (OWNER OR AGENT OF STOP NOTICE CLAIMANT MUST SIGN HERE AND VERIFY BELOW) VERIFICATION I, the undersigned, say: I am the claimant ('PRESIDENT 0F, ''MANAGER OF �'A PARTNER OF; -OWNER OF 'AGENTp{Cjt i the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; th6- tafipe is true of my own D? - C_5 I declare under penalty of perjury under the laws of the State of California that the foregoing is V wand correct. Ca ies Sent To: p v p l v 9 g yf �l //--�� .1 c. Maygr Executed on A "V TN .ZOo/ , at ACJEL 1)1.4e CA. "..n (DATE THIS DOCUMf Ni ,A$��G�NED) � /l�� INAME OF CITY AND STATE WHERE NpTRf SIGNED) T f C^dn -, Member GKCiC /X/ / {^ I rl ir2naer a (PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT iXf CONTENT$ OF $tOP�rOTIC,E APE TRUn '�' i .. HSI, no -1� r v ID ° REQUEST FOR NOTICE OF ELECTION a T (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Clavnanl Must EnI SeC- Addressed Stamped Envelope( STOP NOTICE - rev. 7 -99 - Before you use this forrn, fill in all blanks, and make whatever changes are appropriate and ®1999 WOLCOTTS FORMS, INC. necessary to your particular transaction. Consult a lawyer d you doubt the tam's fitness for your Whose and use. Wol ods makes no repnisertabon or warranty, express or implied, with SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. respect to the merchantability or fitness of this form for an intended use or purpose. ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs -- a bond is not required on public jobs or on a stop notice served on an owner for private jobs. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature it the c;amant is a corpo,ati0n. an officer or aummiled agent should sign !f me cl,omani rs a pa'mership a partner or a.dhorued agent should sign If the cla.manl is a sole proo,ie!orsh:p whether or not doing business antler a lief -lions business name the owner of the business or an nulho iZed agent should sign Refer to the following examines CORPORATION Nameot Clamant Jo.nnson t..'.ertrical___'O__y By o PART.NERSHIP At F PROPR:ETORSH-P :fictitious Business Name) Nameoi Claima ^.t S ee ' Electrical SOLF PROPRIPORSHIP Own Name's Name of Claimant .. —onnson.. _E'_eC iC3i___O. _ Name of Claimant ?(y�johnson__ectric ca. By By Venlicahon ras is a declaration under pena,:y of penury under me'aws of the Stale of Cahfom a It does not have to be notaneed However . to be valid. the venbcahon must contain the Cafe ii is signed ono the 9oghaiune This standard lore s intended !or the typical siluaimns encountered m the held inmcafed However before you sign read if lilt in all Clanks, and make whatever changes are amnopnam and necessary 10 your particular transaction Consult a lawyer if you doubt the form s fitness for your purpose and use 7 I��Il7l77 III 39894 flit II 6 TO: n dated 0 RELEASE OF STOP NOTICE t�r�avfi �tvd• /1�a•C3ox ��c�B rI` IvC '02 MR -1 All :27 �t Tct� CA. g25c�g UEPA C!T'; F IPriRT BE „CH You are hereby notified that the undersigned claimant releases that certain Stop Notice - in the amount of $ 50 9 G 7 against _ G v b F Nom � vt- }- 3�G0 as owner or public body and (A a as prime contractor in connection with the work of improvement known as: 1>^-16 I ,fxyls PA ✓k in the County of DATED: I?-- 2-LI) " D '�- e - -Ua ies Sent To:, Mayor Council Member Manager State of California. NAME OF CLAIMANT: Ge'rl �-AtChvI(, Pb -4 S I6IL (':�• By. cycky VERIFICATION 1, the undersigned, say: I am i fe, S ICIV -V t of the claimant of the foregoing Release of Stop Notice; I have read said Release of Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on "Z0 -0 L at �� California. Form provided courtesy of: OUINTR4LL 8 ASSOCIATES 4o2 W. Broadway, Suhe 1700, San Diego, CA 92101 (619)2338119 Form 11 r I ` D STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS 'Ol DEC 26 110 :42 (Public or Private Work) (Per California Civil Code Section 3103) 0; F!CE Ci- I 'E (!': Y CI ERA CI � Y iF 'r.E1'rPOriT BEACH 26 To: City Of Newport Beach Prosy. Bonita Canyon Sports Park cant d otter. palobopY a maYMfmiMbblpl Ira" 3300 Newport Blvd /P.O. Box 1768 MacArthur Blvd & Bonita Canyon Rd man MiKygbpbpnalwwwNMpSIF, W Iblbbdale hob"Wo 10"M Newport Beach, CA 9256."_._ Newport Beach, CA R+r leb.l ml r aer llmr TAKE NDTiCETHAT C.E.M. Electric, Inc. I111W01*' aM1in dltarinlob tan tKNNtMSYSmW wYnom Wbw r '.nrmaQrlYilcaat4arie1 whoseaddressis P.O. Box 848 Lakeside, CA 92040 lmdmt 0, IN era tamp lop nbbol has Wormed labor and furnished malenals for a work of Improvement described as follDws.' Bonita Canyon Sports Park All Site and Building Electrical Ubme mo lorilond pe Vtlea antra riaYi a ahillt mart htbhwNbel The labor and materials furnished by claimant are of the following general kind: All Site and Building Electrical (gel d UM tMMtb. tbnpniel a share h/nlae a trifle b a IYtanrb by telap Total value of the whole amount of tabor and materials agreed to be furnished is: ..... _ ............. 62,143.00 value of Me labor and materials furnished to date is: ....................................... ................_.............. $ 62,143.00 Date 2 -� r Copies SencAOrant has been paid the sum of :............................. ............................._. ........................... ............... $ 11,185.74 ❑ Mayor andl�re, 50, 957.26 ❑ Council Members due, owing and unpaid the sum of; ..................................................................................... s ❑ Marna You are repaired to set aside sufficient funds to satisfy this claim with interest court costs and reasonable costs of 115gation. as provided by law. ge6 are also notified that claimant claims an ellukable flan age" any construction Nails for oars project which are in your haws. ED Afto. rney F0, FIRI C_E_M_ Electric_ Inc_ ® Ip.W IN■ By: VERIFICATION President I, the undersigned, say: I am the �Nwab. d'. 'eplprd' O~W gala 4,r the Claimant named in the foregoing Stop Nonce: I have read Said Step kneCe and know the Contents thereof: the Same Is true of my own knowledge. I declare under penalty of perjury under the laws clove State of California Mat the foregoing is true and correct. 12/18/2001 Santee, CA Executed on 19 _, at , Cadornia. Isla b mOIMY aL eblll d eb dt.t lap matt egmel Ipbroaa bQlatyt p pa npnew eno n swl.p eni of raMb a 91bp mbar as blur To cduma aee.boa. worb„ earn d i i � P.O. Box 640 -12570 Slaughterhouse Canyon Road i Lakeside, CA 92040 (619) 390 -6400 Fax (6191443 -3QQ2 Sine, ; / 1955 t. °� .:__ Network Pavers Release of Stop Notice o , C . o' CRT TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, December 20, 2001 in the amount of $102,427.50 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 1/2 Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated March t 0 2002 d o c4 ❑13 Q� ❑L] Name of Claimant: 41C tt W0V Y, YAVG2,S (Firm Name) , By ' w. Cam_ (Signature) (Authorized Capacitylritle) VERIFICATION 1, the undersigned, state: I am the owtslGi, 6t= ?�AVt =RS ( "Agent of', President of', "A Partner of', "Owner of etc.) the claimant named in the foregoing Release: I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 200L at LA MkSq State of ( AL ITMA 4 Before you use this form, read it, fill in all the blanks, and make whatever changes are appropriate and necessary uh your particular transaction. Consult a lawyer, if you doubt the forms fitness for your Purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use a propose. Wolcott's forms 899- release of stop notice -new 4.93 1993 Wolcott foins, Inc. (Price cltus 3A) P.O. Box 640 -12570 Slaughterhouse Canyon Road Since Lakeside, CA 92040 (619) 390 -6400 Fax (0, 'j9Jf,43,30UT: "s / 1955 '02 MAR 2 f "t` 1 P�1gS Release of Stop NoticeDI`;`a ;;; TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, November 16, 2001 in the amount of $30,070.66 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 17011/2 Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated March I lb 2002 � E J o is o 13 El a Name of Claimant: YAVE9�5 (Firm Name) G�o�cd... ' (Signature) 1 &4GL W• COWAICO«1 t OWNt;'C (Authorized Capacity/Title) VERIFICATION I, the undersigned, state: I am the — _QV.ltl2ztt of r4E-twmy, T,41E" ( "Agent of', "President of', `A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on J.AVJxA IVY ,20 o r— at LA tht =jA State of C.AL.tr, viz, VlNA. Before you use this form, read it, fill in all the blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer, if you doubt the forms fitness for your purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. Wolcott's forms 898 - release of stop notice -new 4 -93 1993 Wolcott fortes, Inc. (Price class 3A) WIBLIC WORK STOP NOTICINO LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS AND , REQUEST FOR NOTICE OF FILING OF NOTICE OF ACCEPTANCE, COMPLETION OR CESSATION 6 CIVIL CODE §3185 TO: City of Newport Beach PROJECT: CO# 3270 Attn: Public Works Dept. Bonita Canyon Sports Park 3300 Newport Blvd. 1701 1/2 Ford Rd. Newport Beach, CA 92663 Newport Beach, CA TAKE NOTICE THAT Network Pavers whose address is 8044 High St., La Mesa, CA 91941 has performed labor and /or furnished materials for a work of improvement described as follows: CO# 3270, Bonita Canyon Sports Park, 1701 1/2 Ford Rd., Newport Beach, CA. The labor and /or materials furnished by claimant are of the following general kind: Labor /material for installation of concrete pavers. The labor and /or materials were furnished to or for the following party: Castello, Inc., 480 Corporate Dr., Escondido, CA 92029. The value of the whole amount of labor and /or materials agreed to be furnished is $116,980.00. The value of the labor and /or materials furnished to date is $102,427.50. Claimant has been paid the sum of $0.00, and there is due, owing and unpaid the sum of $102,427.50 together with interest at the rate of 10.00 percent per annum from November 1, 2001. You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. Oate a 6 \0 iT N 'r tr a Copies Sent To. 1 w Firm Name: Network Pavers ,� Caunri! ittg per �cL" ZAtt�e9 BY: �� �%% � i1- Nan Eckman / Authorized Agent o� O - - - - - -- VERIFICATION U - -- -- I, the undersigned, say: I — am the Authorized Agent of the claimant of the foregoing Stop Notice; have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 21, 2001, at San Diego, California. Nan Eckman / Authorized Agent COPYRIGHT 1994, CONSTRUCTION NOTICE SERVICES, INC. (800)366 -5660 [L:SN PU_CA.FRP] PUBLIC AGENCIES . PLEASE NOTE: Any Notice of Completion or other correspondence pertaining to the enclosed Stop Notice shoald be sent to the Claimant, not Construction Notice Services. A self - addressed. stamped envelope has been provided. Thank you. O 7 r ry w rb m tp ru O r O O r O N D (/J Z y O Fn 00 AO C Z DC O ND o� f D 2 F DOD o M2 am O T Z O n = F OOZ u G) G) m WOmxZ IMO w a (j) W � � M a m N(n >M mC:cn)(n A m O m A N Z V OW n M to Z 0 I w m m v \ v C) C.O V I` N O^ i n � h O O \ r 9 C) C.O V AvAamiiiAv • I Since / 1955 40 P.O. Box 640 -12570 Slaughterhouse Canyon Road Lakeside, CA 92040 (619) 390 -6400 Fax (619) 443 -3002 RECEIVED I Paulus Engineering Release of Stop NoticePartment Citv of NeWPWI 3each TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, December 5, 2001 in the amount of $41,600.00 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 17011/2 Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. VERIFICATION I, the Undersigned, state: I am the 1/L� ii'a', tdlit ( "Agent of', "President of', "A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Copies Sent To: Executed ones u zch 3 2� -mat /�� /�� ti� 0 Mayor State of n4e6ZA'114- ❑Council Member E) Manager orney Before you use this form, read it, fill in all the blanks, and make whatever changes are appropriate and necessary to your par' • dV r Cj transaction. Consult a lawyer, if you doubt the forms limcss for your purpose and use. Wolcott's makes no represemairm i , express or implied, with respect to the merchantability or fitness of this form for an intended use or purpusc. iX 0 Wolcott's forms 898 - release of stop ©ice-new 4-93 1993 Wolcott forms. Inc. (Price class 3A) RECEIVFD STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS'01 NOV —5 A 9 :02 (Public or Private Work) (Per California Civil Code Section 3103) OFFICE OF ifsC CITY CLLRr CITY OF WI WPORI BEACH To: CI T lV��iJ�pZ��'1 �CU\ Project:' �knf_k.� N� � KIWI, of owael, pulls¢ body of coolln¢o0n I01Ytl h1111I11) (if enm 3300 �F— ILpdiZy 1)Lan• (Pile ess II of sled I0 a bank or savlogs and rw' assn.. um xdbress of Marco Iloldmg lamp (AOnu•ls) telly. 51a1e and opt ICr1Y. 51a1c ono n 01 pl TAKE NOTICE THAT _ 6 A i I A S F %i 1NOnm UI 1111 Petlun of Irnu clalnnnq ice slou onlae 4i:uhseU mulraWrs lllvsl esu Ibe nanlll PnAe1 wbei co illatlol s mole ,1ssn1111 whose address is (Address dl or,,., (o Ilan Clallnmg has performed labor and furnished materials for a work of improvement described as follows: .1.11 The labor and materials furnished by claimant are of the following general kind_ Iyt T (ti nt L f i N usT R -L Lt� b fKPW of la 'r1. Y1mrlei,ri,rounl. Or mafeoa 1, 1nnr5IM nl o,o)10 be Wvosbnd Ily 1.1a1111anll Total value of the whole amount of labor and materials agreed to be furnished is: $ �//1 //7, 4� -) 1 The value of the labor and materials furnished to date is ....................................... ............................... $ `-ts nS3 Claimant has been paid the sum of: _ ...................................................... ............................... ....... $ T/ // and there is due. owing and unpaid the sum of :... ..... ................... ..... ................ ......... ......... $ `t1) %00 • You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, aS provided by law_ You are also notified that claimant claims an equitable hen against any construction funds for This project which are in your hands FIRI, 6y: VERIFICATION I. the undersigned. say. I am the V1, C r i I Pepallnlnr A1.11.lncl ul nwnu III Al ul r91. r the claimant named In the foregoing Slop Notice, I have read said Stop Notice and know the contents Thereof the same, is true of my own knowledge. I declare under penalty of perjury under the laws of the Slate of California that Ilse foregoing Is line and correct. Executed on _ /0/-3/ ,.t�'7?'1��, at Caldornia loos¢ 01.1 a11tUlll, l w.l).4ltfilv'lll VI 4�IY w11nIC' Ilil. �Il nlll YII1�IIr l' Inlllvlollll will, 11 Svnllllnl) III.II Ilse. 111111:1'ini Ill "Ill"111111(; I Ial, 111111 REQUEST FOR NOTICE OF ELECTION (Private works Only) (Per California Civil Code Section 3159, 31GI, of 3162) It an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded In accordance will) Sections 3235 or 3162, please send notice of such election and a copy of @e bond within 30 days of such election IN the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159. 3161, or 3162 Signed. SCIla(rd"11111 See reverse side for additional information. WOIf,011S MAM g9.1 —STOP NOIILf - -fbv 590 IV ^u el'vb ]1 019m¢ von n5v Ilnt lnlln. redo II Itll In all I)l,nk5 a.... aX, vAlllllvel 0,1r , a !.IJ),1N,ru, anp elroll.vy Io v,51 Ila'I'[IAII 19'JO WOr1:1111j, INC I1111151101011 Sbn5u11 d lawye1 C ypa lo"I11 Ill, I'll, y f1lneiti 1111 your ollposl .,,0 file WoftsIs makes ", lllnesenlallull w w.III:IIIiy or oll riel, wllll 11!511111 II) the IIInICIIlI11;1111111Y UI IIP.0, "1 11.11 I'llll I'll 111 liAlllllvll u3, 111 Illlr...... 9t.14easr of Atop Ala tlelice TO; City of Newport Beach City Clerk's Office - Attention, LaVonne Harkless Construction Lender (or party with wham Stop Notice war filed) 3300 Newport Blvd., Newport Beach, California 92663 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated January 23, 2002 against Castello, Inc., 457 , in the amount of $ 2,445.97 rate Dr., Escondido, California as owner or public body and in connection with the work of improvement known as Bonita Canyon Sports Park in the City of Newport Beach ,County of Orange as prime contractor ,State of Califomia. Name of Claimant ITE CAP INDUSTRIES, INC. (Fm Name) By linda Pope Signature) Credit Manager (01wial Capacity) VERIFICATION I, the undersigned, state; I am the agent of ("Agent of ", Praideni of ", APartner of ", "Owner of ", ect.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and known the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executedon March 8. 2002 19 ,at ,State of tali fn rnia , A& &.2 Linda Pope,(Signature Claimant or Authorized Agent) Credit Manager Date l� co r Comes Sent To: =, ❑ Mayor M "''- ❑ Gnuncil Member ❑ Manager O A& &.2 Linda Pope,(Signature Claimant or Authorized Agent) Credit Manager Atop 40hric NOTICE TO Cjt-y of NPw nYr Rpnrli, Cit)T flpxlrsc Offirp— Tn\7pnnp fl2rkless R'EC1:1VL"D. (Name of Public Body or Lender) 3300 Newport Blvd., Newport Beach, California 92663 (Address) '02 JAN 25 1110 :06 (If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty is to make payments under provisions of the contract) Private Job - file with responsible officer or person at office or branch of construction 0 F t `' t' ` ` :, Y ! =` C rI n � 1?o Pe CIT'i iF h<_tvF'ORT BcaCli lender administering the construction funds.) Prime Contractor. Castello Inc 457 Corporate Drive Escondido California 92079 Sub Contractor (If Any) Owner of • C•• of • • 1 Newport Blvd.- Newport - Improvement known as Bonita Canyon Sports Park (Name and address of project or work of improvement) in the City of Neomort Reach County of State of California. Whitp Can Tndustries Inc. ,claimant,a Corporation (claimant) (Corporation/Partnership'Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is Castello, Inc. (Name of SubcontrwiO lContractor /Ow,er- Builder) The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was waterproofing, concrete work: columnform, wood stakes, joint cap, tie wire, nails, rebar, silica sand, cement, expansion board, etc. Total value of labor, service, equipment or materials agreed to be furnished . ............................... $ open arGount b a Total value of labor, service, equipment or materials actually furnished is .... Credit for materials returned, if any ............................. Amount paid on account, if any Amount due after deducting all just credits and offsets ...$ 97,lR7,44 ........... ............................... $ . ..............................$ 24,741.47 $ 2,445.97 YOU ARE HEREBY NOTIT'I'IED to withhold sufficient monies held by on the above described project to satisfy claimant's demand in the amount of $ 3,057.46 , as provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto stuns sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. Abond is not auached.(Bond required on private jobs -not on public jobs.) (is /is na) Date January 23, 2002 NamCOfClaiman[ WHITE CAP INDUSTRIES, INC. (Firm Name) I Linda Pope Date \ - By Credit Manor er Copies Sent To: Q . ,o (opeml Capacity) ❑ Mayor ❑ Council Memberp�� VERIFICATION ❑ MaT&r undersigned, state :I am the agent of Attorney ( "agent of ", "pradew of ", "a partner of ", "owner of ", ecl.) ❑ 1hetl6manHwwd in the foregoing Stop Notice; I have read said claim of Stop Notice and known the contents thereof, and I certify ❑ e-same is-tate of my own knowledge. ❑ r certify (or declare) under penalty of perjury under the laws os the State of California that the foregoing is we and correct. ❑ Executed ,19 —, at Santa Ana (Signature of C/aimaa or ¢Whorized Ague) Linda Pope, Credit Manager ,California. A M �KI RELEASE OF STOP NOTICE '02 LIAR -6 A10 :13 T0: CITY OF NEWPORT BEACH PUBLIC WORKS DEPT (Construction lender, public body, or parry with wnom Stop Notice was filed) �f, ;' _ . ' n C 3300 NEWPORT BLVD, NEWPORT BEACH, CA 92658-891 ­,T ^''­,T5EACH (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated NOVEMBER 16 200 1, in the amount of$ 3,880.75 against CITY OF NEWPORT BEACH PUBLIC WORKS DEPT as owner or public body and CASTELLO; GENERAL ENGINEERING CONTR. as prime contractor in connection with the work of improvement known as B ON I TA CANYON S P ROTS PARK, CONTRACT #3270 intheCityof NEWPORT BEACH State of California. Date FEBRUARY 19, 2002 Name of County of ORANGE SUNNY SLOPE TREES By 16 17 L,yvv r , ✓ , (Signature) CONTROLLER (Authorized capacity) VERIFICATION I, the undersigned, state: lam the CONTROLLER OF SUNNY SLOPE TREES ( "Agent of ", "President of ", "A Partner of ", "Owner of', etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on FEBRUARY 19 State of (-L I r Fr)PM T o 16 2002 at ORANGE WOLCOTTS FORM 898— RELEASE OF STOP NOTICE —New 4 -93 Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate ono III IIIIIIII I I 21993 WOLCOTTS FORMS, INC. (once class 3A) necessary to your particular transaction Consort a lawyer if you doubt the form's Itlness for your puryose III and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchan- tability or fitness of this form for an intended use orpurpose, 7 67775 39998 4 o❑ Q�0�0�� 4 - � STOP NOTICE 0 6 R `- L I t` L NOTICE TO WITHHOLD CONSTRUCTI N F N S� y° (Public or Private Work) '01 NOV 16 P3 :34 (Per California Civil Code Section 3103) To: CITY OF NEWPORT BEACH PUBLIC WORKS DEPT project: BONITA CANYON SPORTS PARK NAME OF nlles, Pu9LIC SOov ON C01ST9uCnOq ONOD ^OLOEF) (NADO 3�ffDC31T1PK7R�li���DRr CONTRACT# 3270 fADOfiess E4 i➢Ks.RTGB BNE Cft AS5t , NICE ADDRESS OF MATCH HOLNJIG wrvDI IA ROICSS) NEWPORT BEACH CA 996t;g -5915 NEWPORT RFACH l'A PV. STATE AND 2111 1 nY SIAls AND 2:PI TAKE NOTICE THAT SUNNY SLOPE TREES INAME OF -HE ur1G. Ce 11111 CLAIMING THE STOP NOTICE. LICEIU FO CONTEACTORS TONS' USE THE NAME UnOEP WHICH CONTRACTOR'S LICENSE IS ISSUED) whose address is 3180 N GLASSELL, ORANGE, CA 92865 IADORESS OF PERSON OR FIRM CLAIMING STOP TODCu has performed labor and furnished materials for a work of improvement described as follows: BON I TA CANYON SPORTS PARK, CONTRACT# 3270, NEWPORT BEACH, CA NAME A Oil 1 SCAT ON OF THE PROJECT WHERE WORK OR MATERIALS WERE PURNISHED1 The labor and materials furnished by claimant are of the following general kind: LANDSCAPE TREES I K:HU OF "46CR, SER, ES, ECUIPMENT, OR MATERIALS FURNISHED OR AGREFD TO EE FURNISHED eY CLAIMANT) The labor and materials were furnished to or for the following party: FLINTRIDGE LANDSCAPE, 2973 RANDOLPH AVENUE, COSTA MESA, CA 92626 Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ 3, 880 . 75 The value of the labor and materials furnished to date is: ...... .............................. ...................... $ 3, 880. 75 Claimant has been paid the sum of: ............. ....... .......................................................... ........... $ —0— And there is due, owing and unpaid the sum of: ........................................................................ $ 3, 880. 75 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: _SUNNY SLOPE TREES By r INAME OF STOP NOTICE CAIMAn T) 10WNER OR AGENT OP SOP NOTICE Mffllaft rT epk HERE AND VERIFY RELOW) 1, the undersigned, say: I am the PRESIDENT OF SUNNY _SLOPE TREES the claimant I'PRESOENT OF," "MANAGER Or," "A PARTNER OF," "OWNER OF," "AGENT OF,' ETCI named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on NOVEMBER 16 ,2001 at ORANGE I CA DE-F TH6 DOCUMENT V'AS SICNEOI INAME OF CnY ANO STATE ,m,ERF Na NCE SIGNED) OF THE THAT THE CONrFNTS OF STOP NOTICE ARE REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed' {CLAIMANT MUST ENCLOSE SELF - ADDRESSED STAMPED ENVELOPE) WOLCOTTS FORM 894 - Rev. 3 -94 price class 3A) STOP NOTICE ©1994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate and nece ssary toyour parti cular transaction. Consult a lawyer if you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. the form's fitness for your purpose and use. Wolcotts makes no representation or warranty, express or Implied, with respect to the merchantability or fitness of this form for an intended use or purpose. • i ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civi: Code § §3179 -3214. (2) On a private job, He a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. 13) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one anc one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs -- a bond is not required on public jobs or on a stop notice served on an owner for private jobs. �C. 1 RC.___ PART%EBs,nF JOi E aRC,Pp -_ Rh., � . T uhh,n1s Rus =.ess ^lame: Nine 01 Ga'1,4n! SHi t uRbPR F 1011.RH'r' 0 0 '.ante', Name of Gamd^t '_?. '1.- 'C Nnroo :tn!. 0:: c - roc _ RYA — —.— fay _ �E�s' ..— vet- ncahon In 5 . a JeUd:dl O" unGer ;lenn:t'y O' ;lei :Gel the i!ws 31 ine Sibiu 0' CJ!1'or1'n.i ::JP'. no: qe<B in ne mi9'1ieJ HJweve', to ne, vand the veriicat on nlvsi contain ine cafe 1i S, ti.JneJ aro :r( slgh,iiu: , 1115 kinlJa:o 'na^ , 11IFriJe !or the tyn:r:al Aaua!1O!15 enCOan!e'eo in the fluid Inc (RI : HOWCVei nefore you S1pn 'eatl 'i it it :]ia °y.s am '11aye wnaferer cnangee are aaGnlb'1a:e anc necessary to your oanrcu a* vansduw C,ons„1; a la,. ^fie' 1: you Jaunt the !mm's 11! °ess ur your pu'pose Wo use 7 IIII67775 IIIIVIII II4 II6 INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM --e : a t., W _ _ !are' ; ate. °n' ;an d. Pn ,..: a sig . ^F; ,: ,. ';ne , ; ;aloe o1 aJno, [eJ agent should sign ,e:a'^an•. t a sole J C,'e.n'S' 3 �w 2tJenl s ^oUl(1 Gn hue' I, 're 10 e. r —o e.. �C. 1 RC.___ PART%EBs,nF JOi E aRC,Pp -_ Rh., � . T uhh,n1s Rus =.ess ^lame: Nine 01 Ga'1,4n! SHi t uRbPR F 1011.RH'r' 0 0 '.ante', Name of Gamd^t '_?. '1.- 'C Nnroo :tn!. 0:: c - roc _ RYA — —.— fay _ �E�s' ..— vet- ncahon In 5 . a JeUd:dl O" unGer ;lenn:t'y O' ;lei :Gel the i!ws 31 ine Sibiu 0' CJ!1'or1'n.i ::JP'. no: qe<B in ne mi9'1ieJ HJweve', to ne, vand the veriicat on nlvsi contain ine cafe 1i S, ti.JneJ aro :r( slgh,iiu: , 1115 kinlJa:o 'na^ , 11IFriJe !or the tyn:r:al Aaua!1O!15 enCOan!e'eo in the fluid Inc (RI : HOWCVei nefore you S1pn 'eatl 'i it it :]ia °y.s am '11aye wnaferer cnangee are aaGnlb'1a:e anc necessary to your oanrcu a* vansduw C,ons„1; a la,. ^fie' 1: you Jaunt the !mm's 11! °ess ur your pu'pose Wo use 7 IIII67775 IIIIVIII II4 II6 r_ rZ1955 P.O. Box 640 -12570 Slaughterhouse Road J Lakeside, CA 92040 (619) 390 -6400 Fax (619) 443 -3002 sin United Green Mark Release of Stop Notice TO: The Citv of Newoort Beach, 3300 Newoort Boulevard. Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, December 21, 2001 in the amount of $267,671.12 against The City of Newport Beach as owner or public body and Flintridge as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 1/2 Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. D4pd Mafrch 2002 C Name of Claiman /(Firm Name) G - O VERIFICATION I, the undersigned, state: I am the Cf /,k t r z e e ( "Agent or', "President of', "A P rtner of ", "Owner of" etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. s Date o� I certify (or declare), under penalty of perjury under the laws of the State of CalifiKraa%dffo: ❑ Mayor the foregoing is true and correct. ❑ Council Member ❑ Manager Executed on �4,' �l5 20�at cri a r t /rI GYtttarne State of %�� - -- ❑ — Before you use this form, read it, fill in all the blanks, and make whatever changes are appropriate and necessary to your r ai titular transaction. Consult a lawyer, if you doubt the forms fitness for your purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this font for an intended use or Purpose. 1' ec e lilt! EAU ���� Wolcott's forms 898 - release of stop notice-new 4-93 mmil f 1993 Wolcott forms, Inc. (Price class 3A) Date 3I `tea Copies Sent To: ❑ Mayor ❑ Council Member [j Manager i y( tr�WJ TO: Re C E I Vi_1) '02 MAR -6 A10 :13 Ci1Y °_•F Ec+rK;F1 BEACH Release of Stop Notice CITY OF NEWPORT BEACH (Construct io, I Lender, Public Budy, or party faith whorn Stop Notice may filed) 3300 NEWPORT BLVD. NEWPORT BEACH CA 92658 -8915 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated NOVEMBER 15, 2001 in the amount of $ 267, 671.1 2 against CITY OF NEWPORT BEACH CASTELLO INC GENERAL CONTRACTORS in connection with the work of improvement known as_ 1701 1/2 FORD ROAD NEWPORT BEACH as owner or public body and as prime contractor RONITA CANYON SPORTS PARK CA 92658 in the City of NEWPORT BEACH , County of ORANGE State of California. Date February 19, 2002 Name of Claimant: UNITED GREEN MARK INC L �{% fe'in me) By - (Srgamhue) SOUTH REGION CREDIT ADMIN. (Authorized Capacity) I, the undersigned, state: I am the VERIFICATION AGENT OF "Agent o 'President of", "A PnrMer o uruer o etc. the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on FEBRUARY 19 ,112002 at MURRIFTA State of CALIFORNIA (Siguatwe of Claimant nr Aldhorized Agent) :ICA FORM 5 5000 (Rev. 2/87) 0 d N d ,d 0 8 E d °a g c c S� cg 0 Stop Notice R E C °EF ! V E D CALIFORNIA CIVIL CODE SECTION 3103 .o1 Nov 19 P12:38 NOTICE TO CITY OF NEWPORT BEACH 3300 NEWPORT BLVD., NEWPORT BEACH CA 92658 -8WV )r r ac C; Y CLER CITY OF' )I; "TORS EEACIi (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 -3175) (If Public Job — file with the office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 -3214) Prime Contractor : CASTELLO INC GENERAL CONTRACTORS Sub Contractor (if any) FLINTRIDGE LANDSCAPE COMPANY Owner or Public Body CITY OF NEWPORT BEACH Improvement know as BONITA CANYON SPORTS PARK 1701 '/2 FORD ROAD, NEWPORT BEACH CA 92658 in the city of NEWPORT BEACH County of ORANGE State of California. United Green Mark . Claimant, a Corporation furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is FLINTRIDGE LANDSCAPE COMPANY The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Landscaping and /or Irrigation materials and supplies Total value of labor, service, equipment or materials agreed to be furnished ............. $ 267,671.12 Total value of labor, service, equipment, or materials actually furnished is .............. $ 267,671.12 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 ....... ............................... $ 267,671.12 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 $ 267,671.12 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 3038) IS NOT attached. (Bond required with Stop Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date November 15, 2001 Name of Claimant United Green Mark, Inc P.O. Box 6201 Murrieta CA 92564 By U Credit Specialist VERIFICATION 1, the undersigned, state: I am the Credit Specialist of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. 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 November 15, 2001, at Murrieta. State of California. REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: P.O. Box 640 -12570 SlaughterhouseCanyon Road Lakeside, CA 92040 (619) 390 -6400 Fax (619),443:.3002,_ Since q 1955 Barendt / Lascr Turf Release of Stop Notice Y r C!1Y ,J EaCi'. TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, January 15, 2002 in the amount of $2,200.00 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 17011/2 Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated March 2002 ((�� Name of Claimant: V A k,5 K b F Co Al S ! /IC vc.7 10 � (Firm Name) By C c d (Signature) c = E00 rn ° 2 (Authorized Capacity/Title) r � T SODG VERIFICATION I, the undersigned, state: I am the D W N 0.t- (`Agent of', "President of', "A Partner of, "Owner of etc.) the claimant named in the foregoing Release: I have read said Release of Ston Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 3 �/ Sl /° 20 c 2 at A �sf y State of Ceit_ Imo, n_ Before you use this to=, read it, fill in all the blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer, if you doubt the forms fitness for your purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this Corm for an intended use or purpose. Wolcott's forms 898- release of stop notice -new 4 -93 1993 Wolcott fortes, Inc. (Price class 3A) To: City of Newport Beach Dept. of Parks and Recreation Attn: Bill Patapoff, City Engineer - P W Re: 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Bontia Canyon Park (Jon name) • Prelims - Liens Construction Notices 1- 800 - PRELIMS E -mail: info @crmlienservices.com Website: www.crmlienservices.com 3010 Saturn Street, Suite 103 Brea, California 92821 Please find enclosed a Stop Notice pertaining to the referenced project. Barendt Construction/ Laser Turf Soutundercontract with Castello,Inc. (Claiam.0 (cmrmcur i completed Rough & Finish Grading for at Brick dust (rypu of service. Material or WIur Supplied) on Nov. 13, 2001 (Dam tat Supplied!) Bonita Canyon Road, Newport Beach oahslic Loc.u"ul The General Contractor on this job is (was) Castello, Inc. As of this date, full payment has not been received. Therefore, is forced to file a Stop Notice with your agency. Barendt Construction /Laser Turf S.W. (cia maa ) We are aslo requesting a copy of the Letter of Completion informing us as to the expriation of the period of filing Stop Notices so that we will be aware of our right under the California Civil Codes as to the date required to execute a suit against the Stop Notice. As required, we have enclosed a check for $2.00, the fee for such a request. Respectfully, Submittedfor Barendt Construction /Laser Turf Southwest laimanp CRM Slulp%w Lv'98 P,rMk,-CRMFo.s Date Copies Sent To: =.: - ❑ Mayor o - - ❑ Council Member ❑ Manager - - -p El s u . Please find enclosed a Stop Notice pertaining to the referenced project. Barendt Construction/ Laser Turf Soutundercontract with Castello,Inc. (Claiam.0 (cmrmcur i completed Rough & Finish Grading for at Brick dust (rypu of service. Material or WIur Supplied) on Nov. 13, 2001 (Dam tat Supplied!) Bonita Canyon Road, Newport Beach oahslic Loc.u"ul The General Contractor on this job is (was) Castello, Inc. As of this date, full payment has not been received. Therefore, is forced to file a Stop Notice with your agency. Barendt Construction /Laser Turf S.W. (cia maa ) We are aslo requesting a copy of the Letter of Completion informing us as to the expriation of the period of filing Stop Notices so that we will be aware of our right under the California Civil Codes as to the date required to execute a suit against the Stop Notice. As required, we have enclosed a check for $2.00, the fee for such a request. Respectfully, Submittedfor Barendt Construction /Laser Turf Southwest laimanp CRM Slulp%w Lv'98 P,rMk,-CRMFo.s STOP NOTICE { LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) ail (Per California Civil Code Section 3103) it'ii� ?U�i�IC CITY OF NEWPORT BEACH, DEPT. OF PARKS To: ATTN: BILL PATAPOFF, CITY ENGINEER PROJECT: BONITA CANYON PARK (Name of Project Owner disbursing funds) (Name) 3300 NEWPORT BLVD. BONITA CANYON ROAD (Address. If directed to a bank or savings and loan assn., use address of branch holding fund) (Address) NEWPORT BEACH, CA 92658 -8915 NEWPORT BEACH, CA TAKE NOTICE THAT BARENDT CONSTRUCTION /LASER TURF SOUTHWEST (Name of the person or firm claiming the stop notice. Licensed contractors must use the name under which contractors license is issued) whose address is 33091 S! iUTHWIND COURT, SAN JUAN CAPISTRANO, CA 92675 (Address of person or fine claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: BONITA CANYON PARK BONITA CANYON ROAD, NEWPORT BEACH, CA (Name and location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: ROUGH AND FINISH GRADING FOR BRICKDUST (Kind of labor, services, equipment, or materials furnished or agreed to be fumished by claimant) The labor and materials were furnished to or for the following party: CASTELLO. INC. 480 CORPORATE DRIVE, ESCONDIDO, CA 92029 -1509 (Name of the party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................. $ 11,700.00 The value of the labor and materials furnished to date is: .............................. . .. $ 11,700.00 Claimant has been paid the sum of: .................................................... $ 9,500.00 and there is due, owing and unpaid the sum of: $ 2,200.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your tlanos. FIRM NAME: BAM DT CONSTRUCTION/LASER TURF SOUTHWEST fB r (Owner or agent of stop notice claimant must sign here and verity below) VERIFICATION I, the undersigned, say: I am the t5 k p:�C IT ('President of', 'A partner of', owner of, 'Agent of', etc ) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on t - i© 2— at � �' , l �'� f�'�'r� � California. TDate this document was signed) (Na me erof ;i y stop op notice signed) (Personal signature of the individual who is swearing that the contents of stop notice are true) M - Preliminary Notice Service 3010 SATURN STREET, SUITE 103 CR BREA, CA 92821 (714)524 -0844 2112605.05 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) CITY OF NEWPORT BEACH, DEPT. OF PARKS To: ATTN: BILL PATAPOFF, CITY ENGINEER PROJECT: BONITA CANYON PARK IN. of Project Owner disbursing funds) (Name) 3300 NEWPORT BLVD. BONITA CANYON ROAD (Address. If directed to a bank or savings and loan assn., use address of branch holding fund) (Add.") NEWPORT BEACH, CA 92658 -8915 NEWPORT BEACH, CA TAKE NOTICE THAT BARENDT CONSTRUCTION/LASER TURF SOUTHWEST (Name of the parson or fine claiming the step notion. Licensed contractors must use the name under which Contractors license is issued) whose address is 33091 SOUTHWIND COURT, SAN JUAN CAPISTRANO, CA 92675 (Address of person or film claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: BONITA CANYON PARK BONITA CANYON ROAD. NEWPORT BEACH. CA (Nome and location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: ROUGH AND FINISH GRADING FOR BRICKDUST (Kind of labor, services, equipment, or matedals furnished or agreed to be furnished by claimant) The labor and materials were furnished to or for the following party: CASTELLO, INC. 480 CORPORATE DRIVE, ESCONDIDO, CA 92029 -1509 (Name of the pony who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: . . . . . . ........... $ 11,700.00 The value of the labor and materials furnished to date is: ............. ............. ...... $ 11,700.00 Claimant has been paid the sum of: .......................... ......................... $ 9,500.00 and there is due, owing and unpaid the sum of: $ 2,200.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: BAUNDT CONSTRUCTION/LASER TURF SOUTHWEST Ll'E (Owner or agent of Mop notice claimant must sign here and verify below) VERIFICATION I, the undersigned, say: I am the C' t.O A.1—/L e _ ('President 01'.'A partner of*. 'Omer of'. 'Agent of', etc.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. / mot% ' L/!l Executed on i —6 � © Z , 2001 at S 4't,' S �'V t'�f �S' California. ace this document was signed) '`� ^ /,/, (NSme oIof /s�(�)v %wheers, MJ a notice signed) �" `/t,7' "L y (Psmo`nal signature of the individual who is swearing that the contents of stop notice are tree) RN STREET, SUITE tea 92321 (714)524-0844 0 0 WELLS FARGO BANK, N.A. 3 317 CRM CALIFORNIA DBA CALIFORNIA RECEIVABLES MANAGEMENT WWW.WELLSFARGO.COM 16_2445 (714)524-0844 01/10/'02 7220 511 W. PALM DR. SUITE 120 PLACENTIA, CA 92870 PAY TO THE City of Newport Beach Dept. of Parks & Re "2.00 ORDER OF $ Two and 00/ 100.,,,«„»,,,,,,,,,««„«,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,«,,,,,,,,,,,.,..,,, ,,,,,,,,,,,,,,<,,,,,....,....,. L DOLLARS L City of Newport Beach Dept. of Parks & Re 3300 newport Blvd Newport Beach, CA 92658 -8915 MEMO Barendt Constr. 2112605.05 11'00331711' i:1 2 2000 24 7r:0732L, 7711' 0 Fn Fn ru 0 - Ir, . vx 0 s m m m S O O 0 0 a ru ru N 0 0 r�- Onited United Werntals, Inc. P.O. Box 79333 ` OR� Ci ty Industry, CA 917169333 (9 Tel: (949) 862 -1100 Fax: (949) 862 -4938 ;_:_i:i'..._L� RELUIE19FJ12P NOTICE To: CITY OF NEWPORT BEACH PUBLIC WORKS DEP me 3300 NEWPORT BL1F n .: Y Ct ERP. rRFa aal pies Sent To: NEWPORT BEACH CA 92658 rRECEIVED MAR 1 4 1 [ ?7 Mayor ouncil Mem r lic Works Department tdarager RE: LA HABRA FIRE PROTECTION ty of Now ort Beach P O BOX 1587 n�y COVINA CA 91722 -0587 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated Novembeit 3.0,_20.0-1__. _ in the amount of $3,455.73 against CITY OF NEWPORT BEACH as owner or public entity and against CASTELLO CONST as prime contractor in connection with the work of improvement known as BONITA CANYON SPORTS PARK 1701 1/2 FORD RD STATE OF CALIFORNIA NEWPORT BEACH CA COUNTY OF ORANGE O ' Date: February 11, 2002 SUBSCRIREO AND SWUM TO UFOU ML OA7Es �� Name of Claimant: UNITED RENTALS INC ,may PC ,j �j SEA{JSTAMI [Sign ture] LEGAL DEPARTMENT [Official Capacity] V E R I F I C A T I O N I, the undersigned, state: I am the LEGAL DEPARTMENT of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 11, 2002 „ at IRVINE, State of California [ SigAature of Claimant ] ANNE SIMPSON, LEGAL DEPARTMENT Forms by Caprenos Inc. BONNIE L. MACLENNAN Commission # 1218908 Notary PutAlc - ColnmYp Orange County &WI &MAW "A U I ie-4%O44d 4ei. CONSTRUCTION FUNDS STOP NOTICE CALIFORNIA CIVIL CODE SECTION 3103,3181- 3187 -------------------------------------------------------------------- NOTICE TO FOR THE PROJECT AT: CITY OF NEWPORT BEACH /y / BONITA CANYON SPORTS PARK PUBLIC WORKS DEPT Date SOT f7 1701 1/2 FORD RD T 3300 NEWPORT BLVD Copies Sent To: NEWPORT BEACH CA ` T o NEWPORT BEACH CA 92658 [1 Mayor. o ❑ Council Member C� 77i CLAIMANT COMPANYE] Manager g I a " UNITED RENTALS INC °C has furnished, or agreed to furniO�,he following �0'Attorney ATTN: ANNE SIMPSON P�/.) labor, services, equipment or mi{wals: �0 19772 MAC ARTHUR BL, #260 /� . �10 CONSTRUCTION RENT�� Cn YI IRVINE, CA 92612 EQUIPMENT, SERVICEilONOR -c- and these materials were requested by and eT rrris#rec}to-or-forthe MERCHANDISE following person(s) or company. LA HABRA FIRE PROTECTION THE PRIME CONTRACTOR P O BOX 1587 CASTELLO CONST COVINA CA 91722 -0587 Total value of the entire amount of labor and materials agreed to be furnished ............ 3,455.73 Value furnished to date 3,455.73 Refunds or credits given ................ ................. .............. ................ ..... ............................... 0.00 Payments received by Claimant to date .......... ................. .............. . .......... ................... 0.00 .... Total amount due Claimant after all credits and offsets .............. ............... .............. ..... 3,455.73 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 3,455.73 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] BY : I Z I /-� X/ L/ I [Owner /Agent of Claimant] V E R I F I C A T I O N I, the undersigned say: I am the the claimant named in the foregoing Stop Notice; I h ve read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare u dderr enalty of perju under the laws of the S to of California that the foregoing is true and correct. Executed on l i1 e % I at --v"-c � 0/.4 CV &y-� [Date] [Ye/ar] 4 k Vityl . [State /zip] REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Caprenos Inc. [ Claimant must enclose self - addressed stamped envelope ] 1" 04/16/2002 09:24 6194432758 MZj 1955 TO: ERRECAS INC • P.O. Box 640 -12570 Slaughterhouse Canyon Road Lakeside, CA 92040 (619) 390 -6400 Fax (619) 443 -3002 Release of Stop Notice public body, or party with was PAGE 02 COPY Olsen PavingsWne��=, You are hereby notified that the undersigned claimant releases that certain stop notice dated, November 21, 2001 in the amount of $30,070.66 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 % Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. `bated pail X7 .2002 - .. Name of Claimant: �G�✓ dfiyii✓�sg: oi✓c &2 C 1� _ (Firm Name) (Signature) G "" cv (Authorized Capacity/Title) Date JJ o _ -- Conies Sent To: C7 [7 Mayor VERIFICATION ❑ Council Member I, the undersigned, state: I am the Osage 7Z -i t,, a sge r ( "Agent of', "President of', "A Partner of', "Owner of etc.)'' ' the claimant named in the foregoing Release; I have read said Release of Stop Notice -- I��L� know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that; the foregoing is true and correct. Executed on /� 20 aZ at A-e State of (.✓9iC/ Fd /L/Y //� .Befwe you use ibis fsnm, read it, fill in all the blanks, and make whatever change* ate appropriate end necessary to your particular transaction Consult a lawyer. ifyou doubt the form fitness fw your purpose and ace. Wolcou's makes no mpmsentadon of warrunty, P peess or implied, with rcspectto the merchantabiliry or fitness of this form for an intended use or pu ipose. W'olenu's forms 898- [ClcaSe of stop notice -new 493 1993 Wolcott forms, Inc. (Price class 3A) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF OP�nAIG E On is r I 1 ),u D 2 before me, 1 l 2a O a F. Na-s5 DATE NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC" personally appeared, (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(g) is /me subscribed to the within instrument and acknowledged to me that be /shel&cy executed the same in his /her /their authorized capacity(ies), and that by his/her /tkeir signatureW on the instrument the person(g), or the entity upon behalf of which the person(S) acted, executed the instrument. WITNESS my hand and official seal. Gy']_ NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION 1 THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BYLAW BUT MAYBE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER'S NAME RIGHT THUMBPRNT NUMBER OF PAGES SIGNER'S NAME RIGHT THUMBPRINT LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS RECEIVED (Public or Private Work) (Per California Civil Code Section 3103) To: CITY OF NEWPORT BEACH Project: BONITA CANYOAP4TA10MK (NANrz DF OWNER, "'RUC eu4Y oR <ON$INUl:nnn Iun4 RO'DERI pane" 3300 NEWPORT BLVD. 1701 1/2 FORD RD. I ADDRESS IE DIRECTED 10 A 1ARF OR CAVHIGS AND LOen AS-"'., LIE AROPE55 T" aRANCH Nol DwG LONEU 1 , 4 Gi)' E- v I NEWPORT BEACH, CA 92658-8915 NEWPORT BEACH, �!J'( CIF ! r_iVPORT BEACH (CRY, s1AII AND UPI 16 +'r 11K11 ANO T.Rl TAKE NOTICE THAT OLSEN PAVINGSTONE, INC. (NAME Of THE PERSON ON FIRM CLAIMING THE S14P UONCE. LICEN5E0 CONIRACmRS MUST USE THE NAME UNDER WMCN I "OB,BACFT 5 L ICEIIS...ISSNLOI whose address is PO BOX 1 330 SAN JUAN CAPISTRANO, CA 92693 IAO4PESS 4E PERSON ON rINM CLAIMING SIUP NOTICE) D 0 C C C �r j ( ( has performed labor and furnished materials for a work of improvement described as follows: BONITA CANYON SPORTS PARK, 1701 1/2 FORD RD., NEWPORT BEACH, CA INANE AIIV LOCH 110N Oi THE PNOIECi WHERE WORE OR MAIIMALG WFnf NnN15HE0) The labor and materials furnished by claimant are of the following general kind: INTERLOCKING PAVINGSTONE KIIID OF LABOR. SERVICES. EOUIPNIENT, OR MATERIALS FURNISHED OR A(iAFID 10 BE FURNISHED BY CIAIMANI) The labor and materials were furnished to or for the following party: NETWORK PAVERS ( SUB TO CASTELLO, INC.) NAML Of THE PARTY WHO DRONED THE WORK ORMAIERIAt51 Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ 30070.66 The value of the labor and materials furnished to date is: ............................................................ S_30070. 66 Claimant has been paid the sum of: ............................................................................................ $ —0— And there is due, owing and unpaid the sum of: ........................................................................ $ 30070.66 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: OLSEN PAVINGSTONE, INC. By: oJ '��iCi` (NAME Of STOP NOTICE CLAIMANT) )OWNER OR AGENT Or SIDI NOIRB CIAIMANI MUST SIGN HERE ABe vFRIFY aINWI WOLCOTTS FORM 894 - Rev. 3 -94 (price class 3A) STOP NOTICE 1994 WOLCOTTS FORMS. INC. SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer it you doubt the form's fitness for your purpose and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. VERIFICATION /� /� �yJ I, the undersigned, say: I am the ��OWA ^D I %��✓L /" the claimant ('eNE510EN1 OF, MANAGm Dr.' 'A PARTNER al,' 'OWN,. or.' 'Am., or, EIC.i named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. to led on _ /)rO ✓_C_� �% /� d� �%I , at , Ww"og -- pies Sent To: ( IRS OOCUMENI WAS SIGNED) INAME Of CITY AND STAFF WHERE NOTICE SIGNfnI Xi�On'" Mayor collocil Member Rt/ 'lPi DUAL SIGNAiVRF OF TNF f1OIV100A1 WHO Is SWEARING INAI HE CONIENIS OK SHOP ENU C, ADE 1RN0 ] Manager Attorney REQUEST FOR NOTICE OF ELECTION P1 (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3161 ) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accorTnce wlthSections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in ! ^��i•..p:e ddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159. 3161, or 3162. Signed: (CIAIMANI "US' ENCLOSE SELF AODDESSEO STAMPED ENVELOPE) WOLCOTTS FORM 894 - Rev. 3 -94 (price class 3A) STOP NOTICE 1994 WOLCOTTS FORMS. INC. SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer it you doubt the form's fitness for your purpose and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. Dear Sir or Madam: NEVADA OFFICE 1 120 TOWN CENTER DRIVE. SUITE #260 LAS VEGAS, NEVADA 89134 TELEPHONE 17021257 -1997 FACSIMILE 17021 2572203 OTHER OFFICES SAN FRANCISCO LOS ANGELES SHARON COUGHLIN LEGAL ADMINISTRATOR KENNETH J. GERARD OF COUNSEL r. N a " tv 0 J That certain verified claim and Stop Notice filed by Summers Group dba Rexel ESD with the City of Newport Beach on or about November28, 2001, forelectrical supplies furnished to Castello, Inc. for that certain work of improvement consisting of the Bonita Canyon Sports Park, 1701 '/2 Ford Road, Newport Beach, CA 92658, is hereby released and discharged. Date: May 8, 2002 '--'ANbR5.1ALff HEROLD G: \N -- Z \Rexel.cas \Letters \ReleaseSNO508- adh.wpd LINCOLN, GusTAFsoN & CERcos THOMAS J LINCOLN RANDALL D. GUSTAFSON * ATTORNEYS AT LAW THEODORE R. CERCOS TERESA BECK . NICHOLAS S B SALERNO 225 BROADWAY, SUITE 2000 CHARLES K. EGAN SAN DIEGO, CALIFORNIA 92101 MARK COLLINSWORTH KARLE SORENSON TELEPHONE (679) 233 -1150 ANDREW D. HEROLD * FACSIMILE 1619; 2336949 EMAIL INFO@LGCLAWOFFICE. DOM LINDA L, SAGER CHRISTIAN S. SCOTT MARTIN J. PUJOLAR+ DAVID B KERRANE DEBBIE P. KIRKPATRICK LISA M. LENKE LOREN S. YOUNG + LANCEW JOHNS+ RELEASE OF STOP NOTICE TAMARA A. SHAW + ELIZABETH S. PARKER+ BRANDON HOWERTON Certified Mail /Return Receipt Requested BRAD R. KOHLER II+ JASON A. SPECHT JOSEPH T. VOGEL May 9, 2002 ERIN M. FERGUSON ALSO ADMITTED IN NEVADA NEVADA ONLY+ City of Newport Beach Date S ao � b a Public Works Department Copies Sent To: 3300 Newport Boulevard ❑ Mayor Newport Beach, CA 92658 ❑ Council Member Banning, CA 92220 ❑ Manager - Attorney Re: Bonita Canyon Sports Park 1701 1/2 Ford Road �p- Newport Beach, CA jz 92658 ❑ Job No. 2K07 ❑ Dear Sir or Madam: NEVADA OFFICE 1 120 TOWN CENTER DRIVE. SUITE #260 LAS VEGAS, NEVADA 89134 TELEPHONE 17021257 -1997 FACSIMILE 17021 2572203 OTHER OFFICES SAN FRANCISCO LOS ANGELES SHARON COUGHLIN LEGAL ADMINISTRATOR KENNETH J. GERARD OF COUNSEL r. N a " tv 0 J That certain verified claim and Stop Notice filed by Summers Group dba Rexel ESD with the City of Newport Beach on or about November28, 2001, forelectrical supplies furnished to Castello, Inc. for that certain work of improvement consisting of the Bonita Canyon Sports Park, 1701 '/2 Ford Road, Newport Beach, CA 92658, is hereby released and discharged. Date: May 8, 2002 '--'ANbR5.1ALff HEROLD G: \N -- Z \Rexel.cas \Letters \ReleaseSNO508- adh.wpd 10,.: RELEASE OF STOP NOTICE (Public Work of Improvement) TO: City of Newport Beach Public Works Department 3300 Newport Blvd.ty> Newport Beach, CA 92658��.�, Re: Bonita Canyon Sports Park YOU ARE HEREBY NOTIFIED that Summers Group, Inc., dba Rexel ESD (hereinafter referred to as "Claimant "), hereby withdraws the stop notice executed on December 3, 2001, in the amount of $14,695.90 for equipment and materials supplied to Castello, Inc., constituting materials furnished to the Bonita Canyon Sports Park project, located at 1701 1/2 Ford Road, Newport Beach, California, a public work of improvement for which Castello, Inc. is the original contractor. Claimant hereby releases City of Newport Beach, Public Works Department from any further duty under Civil Code SS 3179, et seq. to withhold money in response to the Stop Notice, and waives any right of action against them that might accrue thereunder. Executed this 4th day of December 2001, at Santa Ana, California. Date ay Copies Sent To: o Mayor ❑ Council Member Manager p�ria or "a —L1 Li El SUMMERS GROUP, INC., dba REXEL ESD By: k-l•� Mark A. Walsh, agent 117 "38 121Cd ?{ ti a0 A.I i;, 90: 111( 11 030 l0. _,,.:AF.,3.;,r, 0 STOP NOTICE M NOTICE TO: City of Newport Beach, Public Works Department IdECcIVED 3300 Newport Blvd.. New Beach. CA 92658 '01 DEC -5 A10:25 PREME CONTRACTOR: Castello. Inc. SUBCONTRACTOR: N/A OWNER: City of Newport Beach Of ICf [!F !VF l lY C t.EKr , PROJECT: Bonita Can on Sports Pklocated atOl1 1/2 o r V o n'i the City of Newport Beach, County of Orange, State of California. PLEASE TAKE NOTICE that Summers Group, Inc. dba Rexel ESD, Claimant, a corporation, furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom Claimant furnished labor, service, equipment or materials is Castello. Inc.. The kind of labor, service, equipment or materials furnished or agreed to be furnished by Claimant was electrical goods, materials and supplies. Total value of labor, service, equipment or materials agreed to be furnished ... $14.695.90 Total value of labor, service, equipment or materials actually furnished is ..... $14 695.90 Credit for materials returned, if any ............................... $N /A Amount paid on account, if any .. ............................... $N /A Amount due after deducting all just credits and offsets ................. $14 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 $14.695.90, as provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. la' 61� A bond is not attached. Date Copies Sent To: DATE: December 3, 2001 ❑ Mayor ❑ Council Member CLAIMANT: Summers Group. Inc. dba Rexel ESD ❑ Manager By: Mark A. Walsh, agent 1502 North Broadway ❑ Santa Ana, California 92706 ❑ I, the undersigned, state: I am the agent of the Claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 3rd day of December 2001, at Santa Ana, California. Mark A. Walsh, agent 252.165 MAW 3973120/ THOMAS J. LINCOLN * RANDALL D. GUSTAFSON THEODORE R. CERCOS TERESA M. BECK NICHOLAS B. SALERNO CHARLES K. EGAN MARK T. COLLINSWORTH KARL E. SORENSON ANDREW D. HEROLD LINDA L. SAGER CHRISTIAN S. SCOTT MARTIN J. PUJOLAR + CHRISTINE D. COTNER DAVID B. KERRANE DEBBIE P. KIRKPATRICK ATHANASIA G. ECONOMY LISA M. LENKE LOREN S. YOUNG+ NEIL S. CURRANT+ LANCE W. JOHNS + TAMARA A. SHAW + ELIZABETH S. PARKER+ ALSO ADMITTED IN NEVADA NEVADA ONLY+ 0 r I' 9nt&IN, GusTnFsON & CERCOS ATTORNEYS AT LAW '01 NOV 26 IR1 1 :IB BROADWAY, SUPCE 2000 SAN DIEGO, CALIFORNIA 92101 _ TELEPHONE (619) 2331150 �' - '.�I� �'!. LI FACSIMILE (619) 2336949 L. E.MAIt INFO@LGCLAWOFFICE.COM STOP NOTICE • � VADA OFFICE v _7110 '_ TOWN CATER DRIVE. SUITE #260 LAS VE,CgkS. NEVADA 89134 TELEPHONE (702) 257 -1997 FACSIMILE (702) 2572203 y . OTHER OFFICES Certified Mail /Return Receipt Requested City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 November 26, 2001 Re: Bonita Canyon Sports Park 1701 #/2 Ford Road Newport Beach, CA 92658 Job No. 2K07 Dear Sir or Madam: SAN FRANCISCO LO$ ANGELES SHARON COUGHLIN LEGAL ADMINISTRATOR KENNETHJ GERARD OF COUNSEL Date `0 Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager 1110'QttreJ� YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Summers Group, Inc., dba Rexel Pacific furnished electrical supplies to Castello, Inc. pursuant to that certain contract made between The City of Newport Beach Public Works Department and Castello, Inc. for that certain public work of improvement consisting of the Bonita Canyon Sports Park located 1701 '/2 Ford Road. Newport Beach, California 92658, lob 21,07; which is and was the whole of said materials agreed to be furnished by claimant; A contract price of said materials was and is the sum of $14,727.72, which sum was and is the reasonable value thereof; nothing has been paid or credited on said account and there is now due and owing to claimant for and on account thereof, the sum of $14,7272.72 in lawful money of the United States, after deducting all just credits and offsets, and the same has not been paid. City of Newport Beach Public Works Department Re: Bonita Canyon Sports Park November 26, 2001 Page 2 Wherefore, the undersigned claims the benefit of the law given to laborers, materialmen and others and by virtue of the provisions of Division III, Title 15, Section 3103 and Sections 3181 to 3214 of the Civil Code of the State of California and prays that you WITHHOLD FROM SAID ORIGINAL CONTRACTOR, Castello, Inc., sufficient money that may be due it or that may become due it for said work to answer and pay the amount of this claim, to wit, $14,727.72 plus interest thereon at the rate of 18% r n Dated: / Z 6 /Cf By AND D. H D Attorneys for SUMMERS GROUP, INC. dba REXEL PACIFIC VERIFICATION I, Andrew D. Herold, Esq., declare that I am the area credit manager for the claimant named in the foregoing claim, and am authorized to make this Verification for and on behalf of said claimant, and I make this Verification for that reason. I have read said claim and know the contents thereof and the same is true and contains among other things, a correct statement of the claimant's demands after deducting all just credits and offsets. I declare, under penalty of perjury, that the foregoing is true and correct. Executed on 1 I /o?G , 2001 at San Diego, ROLD, ESQ. T is55 P.O. Box 640 -12570 Slaughterhouse Canyon Road Lakeside, CA 92040 (619) 390 -6400 Fax (619) 443 -3002 Release of Stop Notice Ace fence TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Slop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, December 26, 2001 in the amount of $38,647.38 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 rh Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated March 2002 Name of Claimant: Ace Fence Company Date ( Firm Name) pies Sent In! o By 44 El Mayor - -_ - (Signature) C] Council Member Peter Ng, President n Manager - - (Authorized Capacity/Title) t rgeY , VERIFICATION _ I, the undeMigned, state: I am the President of ( "Agent of', "President of', "A Partner the claimant named in the foregoing Release; I have read said Release of Stop Noticc and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 2nd 20 02 at City of Industry State of California Before you use this form, read it. fill in all the blanks, and make whatever changes are appropriate and necessary b your particular transaction. Consult a lawyer, if you doubt the forms fitness for your purpose and use. Wolcott's makes no representation of walaanty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. Wolcott's forms 898 - release of stop notice -new 4 -93 1993 Wolcott forms, Inc. (Price class 3A) M. FORM 107 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTWTiD (Public or Private Work) (Per California Civil Code Section 3103) Ol GEC 21 P2:54 City of Newport Beach Bonita Canyon Sports Park TO: Y P PROJECT: (Name of owner, public body or construction fund holder) (Name) 330 Newport Bl., fiCE DE .il `. TY i LEltri (Address. If directed to a bank or savings and ban sasn., use address of branch holding fund) C I Newport Beach, Ca 92658 -8915 (City, stare and zip) (City. state end ZIP) TAKE NOTICE THAT Ace Fence Company (Name of the person or firm claming the stop notice. Licensed contractors must use Ma name under whidi WrNabfs Ilcenee Is leaned) whoseaddressis 15135 Salt Lake Avenue, City of Industry, Ca 91746 (Address of parson or firm claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: Bonita Canyon Sports Park (Name and location of the project whore work or materials were furnished) Furnish & install chain link fence & The labor and materials furnished by claimant are of the following general kind: gate per plan & spec., cable fence, cone, removable bollard per Mfr, hand & step. rails per plan & spec. (General description of work and mahmais famished) The labor and materials were furnished to or for the following party: Castello, Inc. 480 Corporate Dr., Escondido, Ca 92029 (Name of party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is .................. ............................... $ 449, 808.00 The value of the labor and materials furnished to date is .......................................................... ............................... $ 406, 715.82 Claimant has been paid the sum of: ....................................................................................................................... $ 368, 068.44 and there is due, owing, and unpaid the sum of: $ 38,647.38 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRMNAME Ace Fence Company By Mra,z4 /� (Name of stop notice claimant — see inshuctions for details) (Owner or agent of sto4 notice claimant must sign here and venty, below) VERIFICATION I, the undersigned, say: I am the President the claimant named in the ("president of," "Manager of," 'A partner of,' 'Owner ol," etc.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. 1O1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. don Dec. 17, 12001 at City of Industry ,California. To. (Date this document was signed) . (Name of city where stop notice signed) Signed REQUEST FOR NOTICE OF ELECTION (PRIVATE WORKS ONLY) (Per California Civil Code Section 3159, 3161 or 3162) an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in BTCis with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. (Claimant must SEE REVERSE SIDE FOR COMPLETE INSTRUC IONS FORM107- ®1993 A BUILDING NEWS. FORM PREPARED BY JAMES ACRET � ..i -` FT� 1 '1 C' G � :� - vJi _s � 'S1 il� —9- f I� • P.O. Box 640 -12570 Slaughterhouse Canyon Road Lakeside, CA 92040 (619) 390 -6400 Fax (619) 443 -3002 Since sS Bithell, Inc. Release of Stop Notice TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was tiled) You are hereby notified that the undersigned claimant releases that certain stop notice dated, December 4, 2001 in the amount of $15,871.00 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 '/: Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated N14-1 / 2002 / ¢ `s Name Claimant: �lG Ji (Fl aame) y RV / J (] (Authorized Capacity /Title) Date S b Copies Sent To: ❑ Council Member ■ VTFICATION _ I, the undersigned, state: I am the t %`, G 1�� ( "Agent of', "President ", "A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 20 2, at State of Before you use this form, re n, fill in all the blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer, if you doubt the forms ftness for your purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. Wolcott's fomts 898 - release of stop notice -new 4 -93 1993 Wolcott forms, Inc. (Price class 3A) sd Je P.O. Box 640 -12570 Slaughterhouse Canyon Road \ �/ Lakeside, CA 92040 (619) 390 -6400 Fax (619) 443 -3002 Since � / 1955 Bithell, Inc. Release of Stop Notice TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, December 4, 2001 in the amount of $ 15,871.00 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 Y: Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated May / , 2002 a wU N J l:l rZ B Date Copies Sent To: ❑ Mayor EL-Council Member El Manager (Authorized Capacity /Title) / v ,,a .I t _ a (1� C=) 1 lop VERM CATIO � — I, the undersigned, state: I am the ( ;�Z " — ( "Agent of', "President of "A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and 1 certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. w ?, Executed on 20TJ? at State of r < r /�! �`a - -'£ Before you use this form, red it, fill in all the blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a law er, if you doubt the forms fitness for your purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. Wolcott's forms 898 - release of stop notice -new 4 -93 1993 Wolcott forts, Inc. (Price class 3A) IaMflRaMM1 BNI FORM 107 — ®1993 R F 4 i D STOP NOTICE -' 2 s 2001 LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUIPS:: •0I DEC 26 T(.Pdblic or Private Work) (Per California Civil Code Section 3103) rr li'i C_ERf, p� TO: rity of PROJECT: Rnnita .any (N part.S Park A of o or n ame Rnr 17fy$ Rnnita vnn ROarl (A rasa ITtlaected t0 a ban or savings and loan assn., use add ress ol" bn ho 'rg nQj (Address) NF,wpnft Rearh rA Q9R - -p 9R N� -pnrt $Parrh� rA ('Z�,"�a eT and rip (City. $mm and zip) TAKE NOTICE THAT Rithall P (—TfeTier PE person or firm clalmug the stop notice. Licensed wrRractws must use the name antler wkch the conbaclofs Gcensa ossued) whose address is 1 oQ4 F Frina Plaf�p.j;nvina rA 4172d (A rasa or person or nn claiming stop notice) has performed labor and furnished materials for a work of improvement as follows: Bonita anynn Snnrtg Park $OAjta..t'.aRynn Rnnri _ Npwpart BParh R—C��r1trrtr�t �e3�7n amee ocetwn 0l�iepro where work or metermis wan fumisMd) The labor and materials furnished by claimant are of the following general kind: (Generel description of work and materiels furnished) The labor and materials were furnished to or for the following parry: rlactpn I YI Y eO?9Rrty who ordered the work or mffienaT) Total value of the whole amount of labor and materials agreed to be furnished is $ 988,557 nn The value of the labor and materials furnished to date is $ 2AM7 00 Claimant has been paid the sum of: $ 19QRR on and there is due, owing, and unpaid the sum of: $ _.... - 15871 on You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law You are also notified that claimant claims an equitable lien against any construc FIRM NAME Rot 4 Inn By (rJam�of estop notice claimant —see instructions for taAs) VERIFICATION b I, the undersigned, say: I am the prp�rfp.�nt n� the claimant named in the —'Pre. emo, .nagero,' ApaMerof,' ero.- n') �ooegoing Stop Notice;l have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. MembeExecuted on nta, hor ?(1 2 at 1 w�irry1 California. nbate Is ocunrent was signed) (fTa' w p n0 nom/ am REQUEST FOR NOTICE OF ELECTION (PRIVATE WORKS ONLY) (Per California Civil Code Section 3159, 3161 or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed dressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. ? Singed __.QE9d5i SEE PAGE 2 FOR COMPLETE INSTRUCTIONS G1• ci;.`kJ -iI . mr � • 0 P.O. Box 640 -12570 Slaughterhouse Canyon Road s,nc i Lakeside, CA 92040 (619) 390 -6400 Fax (619��44 ,3n,,,( 7l / 1,955 Hydapc '02 MAY 30 A rosc 8 d4 Release of Stop Notice OF=„ Ci. F [,,r� C_ HACH TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, January 23, 2002 in the amount of $25,382.07 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 % Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated May 2002 Date 5 3o cn Copies Sent To: Q Mayor ❑ Council Member O Manager "Oil t�-I -P Name of ba RO SCAPE PRODUCTS, INC (Firm Name) By VICE PRESIDENT (Signature) ❑ _ —__I, ±ho undersigned, state: I am the (Authorized Capacity /Title) VERIFICATION VICE PRESIDENTP ( "Agent of', "President of', "A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof. and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury trader the laws of the State of California that the foregoing is true and correct. Executed on MAY 13 20D2 at SAN DIEGO State of CALIFORNIA Before you use this form, read it, fill in all the blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer, if you doubt the forms fitness for your purpose and use. Wolcott's makes no representation of warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. Wolcott's forms 898 - release of stop notice -new 4 -93 1993 Wolcott forms, Inc. (Price class 3A) IBLIC WORK STOP NOTIC LEGAL NOTICE TO WITHHOLD CONSTRU ON FUNDS Date AND . Copies Sent To: REQUEST FOR NOTICE OF FILING OF NOTICE OF ❑ Mayor ACCEPTANCE, COMPLETION OR CESSATION ❑ Council Member CIVIL CODE §3185 0 Manager Ah9rr, r TO: CITY OF NEWPORT BEACH PARKS & REC PROJECT: BONITA CANNYON SPORT MRK 0 3300 NEWPORT BLVD 1701 -1/2 FORD ROAD NEWPORT BEACH, CA 92658 NEWPORT BEACH, CA ❑ — TAKE NOTICE THAT HYDRO -SCAPE PRODUCTS, INC. Li whose address is 5805 KEARNY VILLA ROAD SAN DIEGO, CA. 92123 (619) 560 -6611 has performed labor and furnished materials for a work of improvement described as follows: BONIYA CANYON SPORTS PARK BOND #KF'1654 ODNTRACr# 3270 1701 -1/2 FORD ROAD, NEWPORT BEACH, CA The labor and meteria!s furnished by claimant are of the following general Hrid: IRRIGATION & LANDSCAPE SUPPLIES, MATERIALS, ETC. The labor and materials were furnished to or for the following party: CASTEI•LO INC The value of the whole amount of labor and materials agreed to be furnished is $ 131, 684.1 o The value of the labor and materials furnished to date is S 131, 684.10 Claimant has been paid the sum of $ 106, 302.03 and there is due, owing and unpaid the sum of $ 25,382.07 together with interest at the rate of 7 b per annum from OCTOBER 25, 2001 You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds forthis project which are in your hands. You ark also required to give Notice of Acceptance, Completion or Cessation to the undersign@ as rec -!red by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil cc Fitii §31 -� c FIRM NAME. HYDRO -SCAPE PRODUCTS, INC. (858) 560 - a N 5805 KEARNY SAN DIEGO CA. 92123 v L -- BY: UJ J VICE PRESIDERP VERIFICATION I, the undersigned, say: 1 am VICE PRES11= of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is tr a and correct. Executed on JANUARY 17, 2002 at S California. OCOP"IGHT 1966. CONSTRUCTION NOTICE SERVICES. INC.. SAN DIEGO. CALIFORNIA • .6191 6934a7 1 —/ NO- OF. TO PRIME CONTRACTQ0 NINETY (90) DAY PUBLIC WORKS PRELIMINAR! BOND NOTICE C.C. § 3091 TO: CASTEILO INC hereinafter "prime or general contractor", whose address Is: 457 CORPORATE DR ESCONDIDO, CA 92029 PLEASE TAKE NOTICE that the undersigned, hereinafter "claimant ", has fumiahed labor, services, material and /or equipment generally described as IANDSCAPE /IRRIAGTION MAT' ,SOPPI -I:FS for the work of improvement commonly known u BONITA CANYON SPORTS PARK located at 1701 -1/2 FORD ROAD NEWPORT BEACH, CA further described as Contract 0 CONTRACT #3270 BOND# KF1654 The name of the firm who contracted for such labor, services, materials and/or equipment is CASTELn INC whose address is 457 CO PMA . nR-QrR ESC ONDIDO. CA 92074 _— -- The ,amount due and owing on this account is the sum of $ 25, 382.07 after deducting all offsets and credits. DATED: january 17, 2002 FIRM NAME hydro scaape products, inc (858)560 -1600 5805 Road BYE VICE PREISDENT ANG 000MIDHT 11M CDNSTHUCTIDX NCTIC8 SEAVIC3'a. INC err+ D1EGD, CAU11,11NU1 101Y) !90.0011 r Form % Fib BRANCH OFFICES SAN DIEGO (858) 560 -6611 FAX (858) 571 -6514 EL CAJON (619) 440 -4703 FAX (619) 440 -8352 CHULA VISTA (619) 69 1 -9700 FAX (619) 426 -3397 CARLSBAD (760) 438 -7661 FAX (760) 438 -0179 ENCINITAS (760) 436 -2062 FAX (760) 942 -6473 ESCONDIDO (760) 746 -8000 FAX (760) 746 -5369 TEMECULA (909) 676 -8850 FAX (909) 506 -9343 ORANGE (714) 639 -1850 (562) 924 -3309 FAX (714) 744 -4314 LAKE FOREST (949) 951 -8827 FAX (949) 837 -8534 SAN JUAN CAPISTRANO (949) 496 -1998 FAX (949) 496 -0646 SAN BERNARDINO (909) 824 -3612 FAX (909) 796 -6399 PALM DESERT (760) 360 -2950 FAX (760) 360 -5921 CORONA (909) 734 -3330 FAX (909) 272 -8572 RANCHO CUCAMONGA (909) 980 -5353 FAX (909) 944.5078 WALNUT (909)595 -9484 FAX (909) 595 -4888 CANOGAPARK (818) 712 -0050 FAX <81 8) 340 -7789 NEWHALL (661) 291 -1588 FAX (661) 291 -1762 QiYDRO -SCAPE PROWL "S, INC Corporate Headquarters: 5805 Kearny Villa Road, San Diego, CA 92123 • (858) 560 -1600 • Fax (858) 560 -9578 DEMAND FOR PAYMENT To: Maloney & Associates 2434 Vineyard Ave #101 Escondido, Ca 92029 Re: Bonita Canyon Sports Park 1701 -1/2 Ford Road Newport Beach, Ca Contract # 3270 Bond # KF1654 Claim amount - $25,382.07 Prime Contractor — Castello Inc Sub - Contractor — Same As Above Sirs; This letter is intended to initiate the process of demanding payment against the above named project and bond for the above - mentioned amount. Hydro -Scape Products, Inc., the claimant does hereby demand payment, in full, for the supplying of landscape and irrigation materials to the above named contractors. Please respond to this letter as soon as possible with whatever processes you require to pay this claim. Failure to respond to this notice will dictate that Hydro -Scape hire an attorney to file suit for the above amount and all interest and attorney's fees as the law requires. You may contact me by mail at the address on the header of this letter, or I can be reached by phone at (858) 560 -1600. My fax phone is (858) 694 -0428. 1 look forward to hearing from you on this matter soon. VSf GuvSelsev Credit Manager 191b BRANCH OFFICES SAN DIEGO (858) 560 -6611 FAX (858) 571 -6514 EL CAJON (619) 440 -4703 FAX (619) 440 -8352 CHULA VISTA (619) 691 -9700 FAX (619) 426 -3397 CARLSBAD (760) 438 -7661 FAX (760) 438 -0179 ENCINITAS (760) 436 -2062 FAX (760) 942 -6473 ESCONDIDO (760) 746 -8000 FAX (760) 746 -5369 TEMECULA (909) 676 -8850 FAX (909) 506 -9343 ORANGE (714) 639 -1850 (562) 924 -3309 FAX (714) 744 -4314 LAKE FOREST (949)951.8827 FAX (949) 837.8534 SAN JUAN CAPISTRANO (949) 496 -1998 FAX (949) 496.0646 SAN BERNARDINO (909) 824 -3612 FAX (909) 796.6399 PALM DESERT (760) 360 -2950 FAX (760) 360 -5921 CORONA (909) 734.3330 FAX (909) 272 -8572 RANCHO CUCAMONGA (909) 980 -5353 FAX (909) 944 -5078 WALNUT (909) 595 -9484 FAX (909) 595 -4888 CANOGAPARK (818)712.0050 FAX (818) 340 -7789 NEWHALL (661) 291 -1588 FAX (661) 291 -1762 Corporate Headquarters: 5805 Kearny Villa Road, San Diego, CA 92123 • (858) 560.1600 • Fax (858) 560 -9578 NOTICE TO SURETY AS PROVIDED IN SECTIONS 3240 & 3241 OF THE CA CIVIL CODE To: Maloney & Assoc 2434 Vineyard Ave #101 Escondido, Ca 92029 RE: Bonita Canyon Sports Park 1701 -1/2 Ford Road Newport Beach, Ca Contract# 3270 Bond# KF1654 The undersigned is advised that you are the Surety who has written a bond under Section 3235 of the Civil Code on behalf of Castello Inc. On that certain work of improvement located at Bonita Canyon Sports Park, and which City Of Newport Beach Parks & Rec is the reputed owner. Please take notice that the undersigned has furnished labor, services, equipment, or materials described as: Landscape and Irrigation Materials, Tools, and Supplies, to Castello Inc for use in the work of improvement referred to in said bond; that the amount and value of that already furnished $131,684.10, and the whole agreed to be furnished by the undersigned $131,684.10, that credits by cash and otherwise have been applied against said account to the extent of $106,302.03, and that the balance due, or that will be due, upon the completion of said deliveries of labor, services, equipment, or materials contracted to be delivered is $25,382.07, aside from extra or additional orders that may hereafter be requested by said contractor. Date: January 17, 2002 Name of Claimant: Hydro -Sc a Products, Inc. By: Kevin Hall Vice President File #: 19834 • NOTICE REQUESTED BY AND RESPOND TO: HYDRO -SCAPE PRODUCTS 5805 KEARNY VILLA RD SAN DIEGO CA 92123 1172 (858) 560 -1600 0 For use by filing party Customer: 07204 CASTELLO Project: 2K07 / BONITA Rec. ID: 02W2UJHV Job #: 2K07 Cert. #: only INC CANYON 1) SPORTS PA (California Civil Code Sections 3098, 3111, 3241 & 3252 et Seq.) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE PUBLIC ENTITY OR REPUTED PUBLIC ENTITY: CITY OF NEWPORT BEACH PARKS & RECREATION 949- 644 -3151 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 TO THE PRIME CONTRACTOR OR REPUTED PRIME CONTRACTOR: CASTELLO INC 760- 747 -0865 457 CORPORATE DR ESCONDIDO CA 92029 TO THE LENDER, SURETY OR BONDING COMPANY CO# 3270 760 - 738 -2610 BOND CO: MALONEY & ASSOCIATES 2434 VINEYARD AVE #101 ESCONDIDO CA 92029 Bond /Acct #: KF1654 1. The following is a general description of the labor, service, equipment, or materials furnished or to be furnished by the undersigned: LANDSCAPE /IRRIGATION MAT'L,SUPPLIES. 2. Estimated price: $6,091.00 3. The name and address of the person furnishing that labor, service, equipment or materials is: HYDRO -SCAPE PRODUCTS 5805 KEARNY VILLA RD SAN DIEGO CA 92123 1172 4. The name of the person who contracted for purchase of that labor, service, equipment or materials is: 07204 CASTELLO INC 457 CORPORATE DR ESCONDIDO CA 92029 5. Description of the jobsite: 2K07 / BONITA CANYON SPORTS RK 1701 -1/2 FORD RD (1/ NEWPORT BEACH CA NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS _NOT _A LIEN. THIS.._IS. --- N.OT.,._&. REFLECTION-- ._ON_...-.THE._.._ INTEGRITY. - OF . ANY CONTRACTOR OR SUBCON-T-RACTOR. T-he - undersigned- has- entered- into a contract -to perform labor or furnish materials for the above - described public project, and will look to you and your sureties for payment if the person ordering such materials and labor fails to pay for them. Dated 07/18/00 for HYDRO -SCAPE PRODUCTS. By: JO OKINS, PRO LIEN SERVICES, AS AGENT ( 1 - 97- ) PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of documents, by (as required by law) mail, postage prepaid, addressed addresses listed above, on 07/18/00. the foregoing is true and correct. 07/18/00. the above document, and any related first - class, certified or registered to the above named parties, at the I declare under penalty of perjury that Executed at SAN DIEGO, California on By: JO OKINS, PRO LIEN SERVICES, AS AGENT (619-297-6942) P.O. Box 640 -12570 Slaughterhouse anyon Road /), Lakes ide, CA 92040 (619) 390 -6400 Fax �,§1:9).443;�0,0�, I TIZ 55 , t l,. i i.r. i Blue Sky Release of Stop Notice ,; -f7kf TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, January 2, 2002 in the amount of $1,557.90 against The City of Newport Beach as owner or public body and Castello as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 % Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated May . 2002 Name of Claimant: "r�� 0 By F' ( Name) By ��'%�'✓ .�, -C'l� (Signature) ized Capacity/Title) VERIFICATION I, the undersigned, state: I am the ( "Age of', "Pre ent of', "A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Copies Sent To: Executed on �� 20a �)a�uru« y� El Mayor State of Council Member ❑ Manager �ttOrr,2y Before you use this form, read it, fill in all the blanks, and make whatever changes are appropriate and necessary to your particul transaction. Consult a lawyer, if you doubt the forms timess for your purpose and use. Wolcours makes no representation of an n, \ express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. I" IN Wolcott's forms 898 - release of stop notice -new 4 -93 1993 Wolcott forms, Inc. (Price class 3A) ies Sent To: Mayor STOP NOTICE Council Member !.; 1 I'; [ t kkf ,- D LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS Manager (Public or Private Work) Otto n (Per California Civil Code Section 3103) . �t� 'oz JN 17 A8 :48 ` o. city Of Newport Beach — Finance Dept., 3300 Newport Blvd., Newport Beach, CA 92658 -8915 0FF'1; t 1F - ;11 r I:L.ERr. Project: Bonita Canyon Sports Park, 1701 '/z Ford Drive, Newport Beach, CA 92658. C 1 T Y L ;.. to F 0R T BEACH TAKE NOTICE THAT Blue Sky Roofing, Inc., whose address is 2143 S Myrtle Ave., Monrovia, CA 91016, has performed labor and furnished materials for a work of improvement described as follows: Bonita Canyon Sports Park, 1701 '/z Ford Drive, Newport Beach, CA 92658 The labor and materials furnished by claimant are of the following general kind: Installation of Roof. The labor and materials were furnished to or for the following party: Castello Inc., Escondido, CA Total value of the whole amount of labor and materials agreed to be furnished is:....... $15,579.00 The value of the labor and materials furnished to date is: .................................... $15.579.00 Claimant has been paid the sum of : .................................... .......................... $14,021.10 And there is due, owing and unpaid the sum of : ........................... .................... $ 1,557.90 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. p Firm Name: Blue Sky Roofing, Inc. By: VERIFICATION 1, the undersigned, say: I am the Controller of the claimant named in the foregoing Stop Noticc; I have read said Stop Notice and know the contents thereof, the same is true of my own knowledge. I declare under penalty of the laws of the State of California that the foregoing is true and correct. Executed on January 11, 2002, at Monrovia, CA. REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Section 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: T 195 • P.O. Box 640 -12570 Slaughterhouse nyon Road Lakeside, CA 92040 (619) 390 -6400 Fes#Wt ¢ 5 '02 MAY 30 A g ; Rahel Rents Release of Stop Note TO: The City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92658 (Construction Lender, public body, or party with whom Stop Notice was filed) You are hereby notified that the undersigned claimant releases that certain stop notice dated, December 4, 2001 in the amount of $6,175.47 against The City of Newport Beach as owner or public body and Ace Fence as prime contractor in connection with the work of improvements known as Bonita Canyon Sports Park located at 1701 % Ford Road in the city of Newport Beach, CA 92658 county of Orange in the State of California. Dated May 2002 Name of Claifitont: JEk' / 61? &- -r4C Capacity /Title) V)/21FICrjTION I, the undersigned, state: I am the � /// ll'i ( "Agent of', "President of , 'A Partner of', "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare), under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date S/3cn jOa - Copies Sent To: Executed on L ? 20 J) at l�/r C'��1 ❑ Mayor ❑ Council Member State of 114rxol L ❑ Manager ,,-Ej?ttorne p Before you use this form, read it, fill in all the blanks, and make whatever changes are appropriate and necessary to your p9lied ar transaction. Consult a lawyer, if you doubt the forms fitness for your purpose and use. Wolcott's makes no representation anpp6,J express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. Wolcott's forms 898 - release of st�g tni Fe -peal oz 1993 Wolcott forms, Inc. (Price class 3A) 0 0 STOP NOTICE (Public Works) TO: THE CITY OF NEWPORT BEACH YOU ARE HEREBY NOTIFIED that the undersigned claimant, REBEL RENTS, INC., furnished equipment rentals to ACE FENCE COMPANY, a subcontractor of CASTELLO, INC., the general contractor, in connection with that certain contract made between THE CITY OF NEWPORT BEACH and CASTELLO, INC. on that certain work of improvement known as the Bonita Canyon Park, Bonita Canyon Rd., Newport Beach, California. The original total agreed and reasonable value of the equipment rentals provided by claimant on this public works project was the sum of $10,748.01. Claimant has in fact provided the required and contracted for equipment rentals on this public work of improvement in the sum of $10,748.01. There have been payments applied thereon in the sum of $3,587.50 and credits applied in the sum of $985.04, and there now remains due and owing to claimant, for and on account thereof, the principal sum of $6,175.47 in lawful money of the United States, after deducting all just credits and offsets, and the same has not been paid. WHEREFORE, the undersigned claims the benefit of the law given to laborers, materialmen and others under and by virtue of he provisions of Division 3, Title 15, Section 3103 and Sections 3181 to 3214 of the Civil Code of the State of California, and prays that you withhold from said general contractor, CASTELLO, INC. sufficient money that may be due it or that may become due it for said work to answer and pay the amount of this claim to wit, $6,175.47. Dated: December V, 2001 REBEL RENTS, INC. VAN .' .. .. Date Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager �Alt P U A > El 11 VERIFICATION I, CHERYL D. SOPER, declare that I am the Credit Manager of Rebel Rents, Inc., the claimant named in the foregoing claim and am authorized to make this verification for and on behalf of said claimant, and I make this verification for that reason. I have read said claim and know the contents thereof and the same is true and contains among other things, a correct statement of claimants demand after deducting all just offsets and credits. I declare under penalty of perjury that the foregoing is true, and that this Verification was executed on December 13, 2001, at Temecula, Riverside County, California. C eryl D. SORV O O tgBEL RENTS, INC 42188 Winchester Road • Temecula, CA 92590 DecePhone (90:9396 -3775 • Fax (909) 298-377 &RTIFIED MAIL RETURN �q www.rebelrents.com RECEIPT REQUESTED #70010360 0003 6144 2904 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Re: Project: Bonita Canyon Park, Bonita Canyon Rd. Newport Beach, California Dear Sir or Madam: Please be advised that I am the Credit Manager for Rebel Rents, Inc., ( "Rebel ") and in that capacity I am contacting you regarding the monies owed to Rebel on the above -noted project. Rebel has firnished and rented equipment to Ace Fence Company ( "Ace "), a subcontractor of Castello, Inc., the general builder on this work of improvement, for use on this specific project. To date those rentals total the sum of $10,748.01. This amount has been billed to Ace and payments in the sum of $3,587.50 and credits in the sum of $985.04 have been applied, therefore, there remains due and owing the sum of $6,175.47. Accordingly, enclosed with this letter you will find an original Stop Notice duly verified and executed by Rebel with regard to the monies owed by Ace to Rebel on this particular work of improvement. By this Stop Notice you are required to withhold from Castello, Inc. an amount sufficient to answer the claim of Rebel. I have also enclosed a check in the amount of $2.00 for notification of the expiration of the stop notice period. S' iely, 4 /.pier iylD Credit Manager cc: Ace Fence Company Castello, Inc. >> r- i1i 0 41 REBEL RENTS. INC. i T REBEL RENTS, INC. RFC)AC EMECULA, CA 92590 !9G9) 296-3775 0053246 -HE OF.CtR OF 2.4 4.k* .4 _W � *_X o"o" • 11'05324611' 1:12223216091: 20 ?ODLfi 5 S I'll August 14, 2001 CITY COUNCIL AGENDA ITEM NO. 15 TO: Mayor and Members of the City Council FROM: Public Works Department APP ROVED SUBJECT: BONITA CANYON SPORTS PARK - WEST PARK OPEN SPACE IRRIGATION AND LANDSCAPING, CONTRACT NO. 3270 RECOMMENDATIONS: 1. Approve Change Order No. 23 to Castello, Inc., in the amount of $336,603.70 to add irrigation and landscaping to the West Park Open Space area of the Bonita Canyon Sports Park and authorize the Public Works Director to execute Change Order No. 23. 2. Authorize an additional $95,000 to increase the construction contingency to 2% of the construction cost to provide for the cost of unforeseen work. PROJECT BACKGROUND AND UPDATE: On May 9, 2000, the City Council awarded the $6,276,000 Bonita Canyon Sports Park Improvements contract to Castello, Inc., of Escondido, California. The park has three distinct use areas - East Park, Mid Park, and West Park. See attached color site plans. The contract included the following basic park components: (a) Three 200 -foot youth baseball fields (b) One multi - purpose baseball /soccer field (c) Mid Park - three mid -youth soccer fields (d) West Park youth soccer fields (e) East Park restroom and equipment storage facilities (e) East Park on the site parking for 240 vehicles (f) West Park on site parking for 115 vehicles (f) East Tot Lot (g) Green open spaces with earth berms, pedestrian walking trails, and lights (h) Picnic areas In addition to the above described park components, several alternative bid items were considered in the contract documents. These items were: 1. West Park Open Space (area south of soccer fields) along MacArthur Boulevard to the Manning Park (approximately 2000 feet) 2. West Park Tot Lot* 3. West Park tennis courts 4. West Park basketball courts 5. Mid Park restroom facility* 6. Five decorative park signs *(Bold indicates Council Approved Alternative Bid Item) • • SUBJECT:: BONITA CANYON SPORTS PARK - WEST PARK OPEN SPACE IRRIGATION AND LANDSCAPING, CONTRACT NO. 3270 August 14, 2001 Page 2 The total project cost for the base bid, plus the six alternate bid items, exceeded available funding sources in May 2000. Council approved constructing the base project with the addition of bid Alternate No. 2 (West Tot Lot) and bid Alternate No. 5 (Mid Park restroom facility). The West Park tennis and basketball courts were recently funded under the new FY2001/02 CIP Program and added to the contract under Change Order No. 17. The Contractor agreed to construct these improvements for the original bid price. Staff did not recommend funding the five decorative signs because of the $50,000 cost. The General Services Staff will build traditional park signs for about $10,000. Currently, the Bonita Canyon Sports Park is about 80 percent complete. The improvements are scheduled for completion in late October with five months of plant establishment and maintenance following. The first uses of the park are scheduled for late Spring 2002. To date, 21 change orders have been processed. Staff from Public Works, General Services, Community Services, and EPT have worked to monitor the project and maintain a "minimal" change order balance on this contract. Value engineering throughout the construction process has resulted in several substantial cost savings and has offset unforeseen cost increases. Attached is a summary of the change orders to date. WEST PARK OPEN SPACE DISCUSSION: The City Council approved $400,000 in funding for the West Park Open Space in the FY 2001/02 CIP budget. In addition, there is $50,000 in funds available for planting trees along MacArthur Boulevard. The additive bid from Castello for the West Park Open Space was originally $245,000. However, during the early part of construction, Castello's landscape subcontractor requested to be removed from the project. According to Castello, Haro's Landscape of San Diego had underbid the project and was over extended. Castello requested that Haro be substituted by Flintridge Landscaping of Costa Mesa, which the City approved. An additional cost of $130,000 was realized by Castello in switching landscape companies. Haro's original bid was $1,850,000 and Flintridge's quote was $1,980,000. Because the City did not contract the West Park Open Space at the time of award, Castello has no legal obligation to honor their original bid price of $245,000. This is unlike the tennis and basketball courts where Castello did agree to build those facilities for their year old bid prices. They made this possible by constructing the courts with their own crews instead of subcontractors. Staff has spent months negotiating with Castello and Flintridge for the West Park Open Space in anticipation of the funding being approved by City Council. After extensive discussion and review of different options, a cost of $336,603.70 for the West Park Open Space has been reached with Castello and their subcontractor. Staff believes this price is fair in comparison to the other bids received in May 2000 which averaged $349,000. 0 0 SUBJECT:: BONITA CANYON SPORTS PARK - WEST PARK OPEN SPACE IRRIGATION AND LANDSCAPING, CONTRACT NO. 3270 August 14, 2001 Page 3 The following items justify approval of the West Park Open Space as a change order to the originally approved construction contract with Castello versus re- bidding the work as a separate project: • The completion of the West Park Open Space could be completed shortly after the completion of rest of the Bonita Canyon Sports Park. Re- bidding the work as a separate contract could add as much as six months to the project schedule. • The reduced schedule for the West Park Open Space change order will minimize community disruption by allowing one contractor to continuously proceed to complete the work without the gaps that would occur from mobilizing a new contractor. • The ongoing concerns of the adjacent residents regarding dust and aesthetics would be mitigated sooner by an expedient completion of the landscaping. • City staff has thoroughly reviewed the proposed change order costs and have found them to be fair and consistent with market prices for similar work. There is no guarantee that re- bidding the work as a separate project will produce lower costs. In fact, higher costs may be encountered in the current bidding market. The original engineers estimate for the West Park Open Space was $500,000. • Completion of West Park Open Space as a change order will avoid the additional costs to re -bid the work as a separate project. Those costs include additional administration costs and costs to revise the plans, specifications, and contract documents estimated at $25,000. There would also be added costs, approximately $25,000, for erosion control since the planting would not be established sufficiently by the rainy season. If the change order is approved, the Contractor would need only 30 more working days to complete the West Park Open Space. By their current schedule, the West Park could be complete as early as mid - November at which time the five -month period of plant establishment and contractor maintenance would begin. PROJECT FUNDING AND RECOMMENDATION: The following funding sources are available to complete the Bonita Canyon Sports Park including the addition of the tennis and basketball courts and West Park Open Space: Account Number Account Description Amount 7441- C4120434 Bonita Canyon Sports Park $6,170,000 7532- C5600100 Bonita Canyon Sports Park Sewer 100,000 7021- C4120375 Freeway Reservation Park 48,000 7021- C4120616 Bonita Canyon Sports Park — Tennis and 120,000 Basketball Courts 7432- C5100657 Bonita Canyon Sports Park - West Park $400,000 Open Space Irrigation and Landscaping 7015- C5100599 Landscaping — MacArthur Boulevard 50.000 Total: $6,888,000 Bold indicates May 2000 Council approved funding. Remaining funding is from FY 2001102 CIP. When the project was awarded on May 14, 2000, $42,000 (0.6% of the construction cost) was established to cover the cost of unforeseen work. To date, staff has approved $47,178.24 in 6 0 SUBJECT:: BONITA CANYON SPORTS PARK - WEST PARK OPEN SPACE IRRIGATION AND LANDSCAPING, CONTRACT NO. 3270 August 14, 2001 Page 4 change orders, not including the tennis and basketball courts. Typically, construction projects carry a contingency of approximately 10 %. With the addition of the West Park Open Space and ongoing construction activities additional change orders may be realized for unforeseen conditions. Staff recommends increasing the allowance by $95,000 for a total of $137,000 which would represent a 2 %u construction contingency. With the addition of this West Park Change order, the contract cost would be as follows: Original contracted work (including additive bid Items Nos. 2 and 5) $6,276,000.00 Approved construction contingency 42,000.00 Addition of tennis and basketball courts (approved) 113,000.00 Anticipated change orders for unforeseen work to completion 95,000.00 Addition of West Park Open Space 336.603.70 Total $6,862,603.70 Staff recommends the approval of the West Park Open Space as a change order to the originally approved construction contract with Castello and authorize the Director of Public Works to execute the change order. Approval of additional funding for the West Park Open Space, tennis and basketball courts, and the MacArthur Boulevard landscaping, will be adequate to complete the overall Bonita Canyon Sports Park, including the West Park Open Space. Respectfully sub it ed, P BL#C WORKS DEPARTMENT Stephen G. Badum, Director MiqKael J. Inac ri, P.E. Utilities Engineer Attachments: Change Order Summary Project Color Site Maps • i Bonita Canyon Sports Park — Change Order Summary Change Order No. 1 — Mid Park Wet Soils Placing Geotextile Fabric 8XT per Field Meeting on 7/10/2000 $ 16,243.00 Fill Test Holes $ 1,850.00 Extra Excavation @ Canyon Drains @ East Park $ 30,085.00 Grading "Credit' at Mid Park ($14,079.00) Subtotal CC01 $ 34,099.00 Negotiated CC01 (Approved /Signed) $ 32.000.00 Change Order No. 2. - Request for Time Extension from Soils Issue (30 days) $ 0.00 Change Order No. 3 - Modifications to Sewer Mains for Pacific Bell Pothole at Pacific Bell $ 824.00 Add for Realignment of Sewer Line on Ford Road $ 7,940.35 Additional Depth of Sewer $ 5,834.40 Delete Sewer Cleanout/PVC ($3,300.00) Total to Date: $ 11.298.75 Change Order No. 4 - Modification of Storm Drain Pipe Material ($9,996.00) Change Order No. 5 - Modification to Sidewalk Base Material ($43,504.45) Change Order No. 6 - Structural Changes at Dissipater Structure $1,700.16 Change Order No. 7 - Interfering Utilities (ACP Water Main) $5,500.00 Change Order No. 8 - Reduction to Street Patching Efforts ($3,856.00) Changer Order No. 9 — Additional Cost for Sewer Main (partial paid by Pacific Bell) ( $101,870.00 ) Change Order No. 12 — Changes for Electrical Connections Slurry Backfill for Sewer 8/4/2000 $ 3,086.60 Hard Rock Excavation 817 & 8/8 $ 4,767.40 Remove Excess Rock 8/9/2000 $ 2,816.00 Remove Excess Rock 8/10 & 8/11 $ 5,637.55 Slurry Backfill for Sewer 8/7/2000 $ 4,202.00 Sewer Pothole /Delay on Ford Road $ 3,000.00 Total CC09 $ 23.509.55 Change Order No. 10 — City Requested Change to Berms Along MacArthur Blvd. $6,108.00 Change Order No. 11 — Value Engineering Changes to Irrigation System ( $101,870.00 ) Change Order No. 12 — Changes for Electrical Connections Penetrate Edison Vaults $3,300.00 Credit for DG Pads vs. Concrete Pads ($408.00) Total CCO12 9 2.892.00 Change Order No. 13 - Electrical/Telephone Services to Site $60,458.95 Change Order No. 14 — Powder Coat Cable Fencing and Stabilize Outlet Structure $7,311.30 Change Order No. 15 — Modification to Irrigation Control Valves $7,169.30 Change Order No. 16— Additional S.D. Junction Structure and Modification to Bleachers Additional Storm Drain Junction Structure Requested by City $ 4,162.40 Modification to Bleachers to Conform to New Building Codes $ 10,208.00 Total CCO 16 S 14370.40 i • Change Order No. 17 — Addition of Tennis and Basketball Courts Change Order No. 18 — Misc. Electrical Conduit, Irrigation Sleeves and Building Hangers Change Order No. 19 — Modify Fence Footing and Additional Drainage Lines Change Order No. 20 — Modification to irrigation meter facilities and fencing credit Change Order No. 21 — Repairs to MacArthur Slope from Rain Damage, Additional Roof Flashing and City Requested Tiling of Drinking Fountains Change Order No. 22 — Changes to Soil Amendments and Selected Trees (Pending) Change Order No. 23 —West Park Open Space Irrigation and Landscaping (Pending) Total Change Orders (Approved and Pending) F:\ Users \PBW\Shared \COUNCIL \FY01- 02\August -14 \West Park Change Order Summary.doc $113,000.00 $ 10,717.24 $ 9,765.04 $ 6,462.00 $ $7,142.00 $3,927.00 $336,603.70 • • 0 • 0 =I 1 '0 �4 z L CIO �I r v zo Oz W a 9 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GEOSOILS, INC., FOR GEOTECHNICAL CONSTRUCTION MONITORING SERVICES FOR BONITA CANYON SPORTS PARK This AMENDMENT NO. 1, made and entered into this ` day of March 2001, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and Geosoils, Inc., whose address is 1446 E. Chestnut Avenue, Santa Ana, California, 92701, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On June 2, 2000, a Professional Services Agreement, ( "AGREEMENT ") for Geotechnical Monitoring in conjunction with the construction of the Bonita Canyon Sports Park ( "PROJECT ") was entered into by and between CITY and CONSULTANT. B. CONSULTANT proposes that their scope of services be increased for additional geotechnical monitoring services that was required during the PROJECT. (See attached Exhibit "A "). C. CITY proposed to increase the scope of the CONSULTANT'S services to compensate CONSULTANT for the additional monitoring effort. D. CITY and CONSULTANT mutually desire to amend AGREEMENT ( "AMENDMENT NO. 1 ") as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT will provided additional monitoring during the grading operation of the PROJECT. 2. Compensation to be paid to the CONSULTANT for such additional construction monitoring services shall be $11,920. 0 3. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased from $23,492 to $35,412. t- 4. The term of the agreement shall be extended to October 1, 2000. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. � fir.. • • .�JCity Attorney CITY OF NEWPORT BEACH, a municipal corporation BY: G"' L d ^� . Mayor City of Newport Beach CONSULTANT BY: Edward L. Burrows Vice President Geosoils, Inc. F: \Users \PBW \Shared \Contracts \FY 99 -00 \Bonita Canyon Sports Park C- 3270 \Geosoils Amendt - Bonita Canyon Sports Park.doc E 1446 E. Chestnut Ave. 0 0 EXHIBIT A Geotechnical • Geologic • Environmental Santa Ana, California 92701 • (714) 647 -0277 • FAX (714) 647 -0745 July 25, 2000 City of Newport Beach 4220 Von Karman, Second Floor Newport Beach, California 92660 -2002 Attention: Mr. Rob Masters W.O. 3590 -B2 -0C Subject: Request for Change Order to GSI's Existing Contract for the Bonita Canyon Park Project Gentlemen: This letter is a request for change order associated with geotechnical services performed for the canyon area which included staff time for additional reviews, field trenching, meetings, engineering calculations and report preparation. GeoSoils, Inc. also requests a change order for required additional days of grading beyond the anticipated time frame per our previous cost estimates. The breakdown of incurred and anticipated costs is as follows: ......... ............... ......... .......... ITEM RATE , .... . HOURS ! ........... ........... GOST "EXTENSION GEOTECHNICAL EVALUATION OF CANYON AREA Project Engineer $97.00 12.0 $1,164.00 Staff Geologist $87.00 24.0 $2,088.00 Report Preparation $100.00 $3,352.00 TESTING 8, GRADING OBSERVATION (Assumed 3 Weeks) Staff Geologist $87.00 24.0 $2,088.00 Technician $54.00 120.0 $6,480.00 $8,568.00 TOTAL $71,920_"00 If you have any questions, please do not hesitate to contact the undersigned at (714) 647 -0277 Respectfully submitted, GeoSoils, Inc. Fred Aflakian Project Geologist FA/ELB /agw Distribution: (1) Addressee City of Newport Beach Bonita Canyon Park Project File: cAwp6119590breq.wpd GeoSoils, Inc. Edward L Burrows Vice President W.O. 3590 -82 -OC July 25, 2000 Page 2 • • • E TO: Mayor and Members of the City Council FROM: Public Works Department C -3 an March 13, 2001 STUDY SESSION AGENDA ITEM NO. SS2 SUBJECT: BONITA CANYON SPORTS PARK, CONTRACT NO. 3270 - RECOMMENDATION: Receive and file project update report. PROJECT UPDATE: On May 9, 2000, the City Council awarded the $6,276,000 Bonita Canyon Sports Park Improvements contract to Castello, Inc., of Escondido, California. The park has three distinct use areas - East Park, Mid Park and West Park. Please see attached color site plans. The awarded contract included the following basic park components: (a) Three 200 -foot youth baseball fields (b) One multi - purpose baseball /soccer field (c) Mid Park - three mid -youth soccer fields (d) West Park youth soccer fields (e) East Park restroom and equipment storage facilities (e) East Park on the site parking for 240 vehicles (f) West Park on site parking for 115 vehicles (f) East Tot Lot (g) Pedestrian walking trails (h) Green open spaces with earth. berms, concrete walks, and lights (i) Picnic areas In addition to the above described park components, several alternative bid items were considered in the contract documents. These items were: 1. West Park Open Space (area south of soccer fields) the Manning Park (approximately 2000 feet) 2. West Park Tot Lot 3. West Park tennis courts 4. West Park basketball courts 5. Mid Park restroom facility 6. Five decorative park signs (Bold indicates Council Approved Alternative Bid Item) The total project cost for the sources last May. Staff and of bid Alternate No. 2 (Wes remaining alternate bid iter becomes available. along MacArthur Boulevard to base bid, plus the six alternate bid items, exceeded available funding Council recommended constructing the base project with the addition t Tot Tot) and bid Alternate No. 5 (Mid Park restroom facility). The is may be considered in the future if other City or grant funding SUBJECT: Bonita Canyon Sports Project Update March 13, 2001 Page 2 • FUNDING AND SCHEDULE • The Irvine Company's Bonita Canyon development provided the City a Community Facilities District Bond Issue in the amount of $5.9 million for the development of the Bonita Canyon Sports Park. The bond proceeds available for the park grew to approximately $6,500,000 before the funds were needed for construction. In addition, Council approved a Capital Project for the West Park Open Space. The City applied for both Federal and State environmental enhancement funds for the $500,000 West Park Opens Space, but neither application was approved. The Bonita Canyon Sports Park project includes a new sewer main that will also serve the Pacific Bell facility near MacArthur Boulevard at the westerly end of Old Ford Road along with the West Park and Mid -Park restrooms. The Pacific Bell facility is currently served by a septic system and needs to be connected to a public sewer line. Pacific Bell agreed to share in a portion of the costs to construct the sewer main from their building to the connection in Newport Hills Drive West. To date, $59,000 in funds have been received from Pacific Bell for this work. The following is a summary of project funding distribution, which includes $42,000 for unforeseen conditions and change orders: Account Number Account Description Amount 7441- C4120434 Bonita Canyon Sports Park $6,170,000 7532- C5600100 Bonita Canyon Sports Park Sewer 100,000 7021- C4120375 Freeway Reservation Park 48.000 Total: $6,318,000 The contract documents call for completion of the project within 275 working days from the • "Notice -to- Proceed" date, not including the plant establishment and maintenance periods. Construction was to be completed by July 20, 2001. However, due to this year's rains, the project completion is now scheduled for the end of September. There will be a plant establishment period of 60 days and maintenance period of 90 days. Depending on the progress of the turf establishment, use of the soccer and baseball fields could begin as early January 2002. To date, fifteen change orders have been processed. Staff from Public Works, General Services, Community Services, and EPT has worked to monitor the project and maintain a "zero" change order balance on this contract. Value engineering throughout the construction process has resulted in several substantial cost savings and has offset unforeseen cost increases. Attached is a summary of the change orders to date. Also attached are aerial photos of the park taken this past month. The project manager, Michael Sinacori, will make a brief presentation on the construction process and answer questions. Re ectfully submitted, / P BLIC WORKS DEPARTMENT Don Webb, Dir for By:_ Mi ael J. Sinacon Utilities Engineer Attachments: Change Order Summary • Project Color Site Maps Aerial Photos SUBJECT: Bonita Canyon Sports Pa roject Update March 13, 2001 rip Page 3 •Bonita Canyon Sports Park — Change Order Summary Change Order No.1 —Mid Park Wet Soils Placing Geotextile Fabric 8XT per Field Meeting on 7/10/2000 $ 16,243.00 Fill Test Holes $ 1,850.00 Extra Excavation @ Canyon Drains @ East Park $ 30,085.00 Grading "Credit" at Mid Park ($14,079.00) Subtotal CC01 $ 34,099.00 Negotiated CC01 (Approved/Signed) $ 32.000.00 Change Order No. 2. - Request for Time Extension from Soils Issue (30 days) $ 0.00 Change Order No. 3 - Modifications to Sewer Mains for Pacific Bell Pothole at Pack Bell $ 824.00 Add for Realignment of Sewer line on Ford Road $ 7,940.35 Additional Depth of Sewer $ 5,834.40 Delete Sewer Cleanout/PVC ($3,300.00) Total to Date: $11.298.75 Change Order No. 4 - Modification of Storm Drain Pipe Material ($9,996.00) Change Order No. 5 - Modification to Sidewalk Base Material ($43,504.45) Change Order No. 6 - Structural Changes at Dissipater Structure $1,700.16 Change Order No. 7 - Interfering Utilities (ACP Water Main) $5,500.00 Change Order No. 8 - Reduction to Street Patching Efforts ($3,856.00) Changer Order No. 9 — Additional Cost for Sewer Main (partial paid by Pacific Bell) Slurry backfill for sewer 8/4/2000 $ 3,086.60 Hard Rock Excavation 8/7 & 8/8 • $ 4,767.40 Remove Excess Rock 8/9/2000 $ 2,816.00 Remove Excess Rock 8/10 & 8/11 $ 5,637.55 Slurry backfill for sewer 8/7/2000 $ 4,202.00 Sewer Pothole /Delay on Ford Road $ 3,000.00 Total CC09 $ 23.509.55 Change Order No. 10 — City Requested change to berms along MacArthur Blvd. $6,108.00 Change Order No. 11 — Value Engineering Changes to Irrigation System ($101,870.00) Change Order No. 12 — Changes for Electrical Connections Penetrate Edison Vaults $3,300.00 Credit for DG Pads vs. Concrete Pads ($408.00) Total CCO12 $2.892.00 Change Order No. 13 - Electrical/Telephone Services to Site $60,458.95 Change Order No. 14 — Powder Coat Cable Fencing and Stabilize Outlet Structure $7,311.30 Change Order No. 15 — Modification to Irrigation Control Valves $7,169.30 PENDING CHANGE ORDERS: 4' Fencing Credit Revised ($3,450.00) Additional Junction Structure $4,162.40 Modification to bleachers to meet new Building Codes and addition of S.D. Junction Structure $14,370.40 • Total Change Orders (Approved and Pending) ell 7- C) 0 a x 0 a z 0 v Y:.: �'ci••• Y °- vr' " -` - =.,° `� ' - 'a'.+".... . a " r��...... ' ate- 3y+ s N ya • �.._,' ^4n„ .,. _ `"ice- .. .... -. • - sr,•, .., - — Inc �ilml !� t .• .� - � {'. •yam � % •: t-v PA I 1 1 . , �l 4- • p I }� ! I .. 0 14 41- % sk a. syr I tt� ", . I I . ol Irk 1—z Lj 3 r. lip L 11 . A AV ZOO I TO T, I've in V. SA, vr -4.4.7. . Aa, fir 4, IT . 3 r. lip L 11 . A AV ZOO I TO T, I've in V. SA, vr -4.4.7. . Aa, VIA N� Ali I i 7s 1� 1 r 1 , ; . r, , 11//� �/f; . ; y •,� t'laiii � fig/ // � . •,o' olt N ' �' {e X �. I• IC • j J , IIII, I ( r-I tA -Y -k 41V 1 � �� i • 0 0 LL) 0 • 0 a 0 I I F-M� O Oz Fy Oz 0 • • C3 � C -30LQO March 13, 2001 CITY COUNCIL AGENDA ITEM NO. 7 TO: Mayor and Members of the City Council FROM: Public Works Department ,ki . 3 AP 1 f"IG ED SUBJECT: BONITA CANYON SPORTS PARK, CONTRACT NO. 3270 —AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GEOSOILS, INC. RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment No. 1 with Geosoils, Inc., increasing their contract from $23,492 to $35,412 for additional construction geotechnical support. DISCUSSION: On May 9, 2000, the City Council awarded the $6,276,000 Bonita Canyon Sports Park Improvements contract to Castello, Inc., of Escondido, California. The project is 50 percent complete and approximately one month behind schedule. Staff is working with the contractor to ensure construction efforts are completed by September, with the plant establishment and maintenance lasting another six months. The park should be open for public use in January 2002. Geosoils was hired to perform geotechnical and soils construction observation support for the project. The Mid Park grading operation required significant additional effort by Geosoils. Wet soils were encountered under the proposed location of the Mid Park restroom and at the storm drain outlet structure. A redesign of the storm drain outlet was completed, based on Geosoils' recommendation and the grading operation was modified to reduce costs. The special design recommendations resulted in additional geotechnical support costs of $11,920. It is recommended that the Mayor and City Clerk execute Amendment No. 1 to Geosoils Professional Services Agreement. Funds to cover the additional costs would come from the Bonita Canyon Sports Park Account No. 7441 - C4120434. Respe y.su mitte PU IC ORKS DEPARTMENT Don Webb, Director By: MicRael J. Sinacori Utilities Engineer Attachment: Amendment No. 1 to Professional Services Agreement with Geosoils 0 r , AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GEOSOILS, INC., FOR GEOTECHNICAL CONSTRUCTION MONITORING SERVICES FOR BONITA CANYON SPORTS PARK This AMENDMENT NO. 1, made and entered into this day of March 2001, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and Geosoils, Inc., whose address is 1446 E. Chestnut Avenue, Santa Ana, California, 92701, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On June 2, 2000, a Professional Services Agreement, ( "AGREEMENT ") for Geotechnical Monitoring in conjunction with the construction of the Bonita Canyon Sports Park ( "PROJECT ") was entered into by and between CITY and CONSULTANT. B. CONSULTANT proposes that their scope of services be increased for additional geotechnical monitoring services that was required during the PROJECT. (See attached Exhibit "A "). C. CITY proposed to increase the scope of the CONSULTANT'S services to compensate CONSULTANT for the additional monitoring effort. D. CITY and CONSULTANT mutually desire to amend AGREEMENT ( "AMENDMENT NO. 1 ") as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT will provided additional monitoring during the grading operation of the PROJECT. 2. Compensation to be paid to the CONSULTANT for such additional construction monitoring services shall be $11,920. 0 3. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased from $23,492 to $35,412. 4. The term of the agreement shall be extended to October 1, 2001. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH, a municipal corporation MIN Mayor City of Newport Beach CONSULTANT go Edward L. Burrows Vice President Geosoils, Inc. F ;1UserstPBWlSharedlContractstFY 99- OO1Bonita Canyon Sports Park C- 3270kGeosoifs Amendl - Bonita Canyon Sports Park.doc E E EXHIBIT A • Geotechnical • Geologic • Environmental 1446 E. Chestnut Ave. • Santa Ana, California 92701 • (714) 647 -0277 • FAX (714) 647 -0745 July 25, 2000 City of Newport Beach 4220 Von Karman, Second Floor Newport Beach, California 92660 -2002 Attention: Mr. Rob Masters W.O. 3590 -82 -0C Subject: Request for Change Order to GSI's Existing Contract for the Bonita Canyon Park Project Gentlemen: This letter is a request for change order associated with geotechnical services performed for the canyon area which included staff time for additional reviews, field trenching, meetings, engineering calculations and report preparation. GeoSoils, Inc. also requests a change order for required additional days of grading beyond the anticipated time frame per our previous cost estimates. The breakdown of incurred and anticipated costs is as follows: ITEM RATE " HOURS COST EXTENSION GEOTECHNICAL EVALUATION OF CANYON AREA Project Engineer $97.00 12.0 $1,164.00 Staff Geologist $87.00 24.0 $2,088.00 Report Preparation $100.00 $3,352.00 TESTING & GRADING OBSERVATION (Assumed 3 Weeks) Staff Geologist $87.00 24.0 $2,088.00 Technician $54.00 120.0 $6,480.00 $8,568.00 ,T,.OTAL $17,92000 If you have any questions, please do not hesitate to contact the undersigned at (714) 647 -0277 Respectfully submitted, GeoSoils, Inc, Fred Affakian Project Geologist FA/ELB /agw Distribution: (1) Addressee e< - Edward L Burrows Vice President City of Newport Beach W.O.3590 -82 -OC Bonita Canyon Park Project July 25, 2000 File: c:1wp61\3590breq.wpd GeoSoils, Inc. Page 2 • 0 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS 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 9:30 a.m. on the 27th day of April, 2000, at which time such bids shall be opened and read for BONITA CANYON SPORTS PARK Contract No. 3270 $5,900,000 Engineer's Estimate �GI FpR�/ A pnro ved on Webb Public Works Director A Pre -Bid Meeting will be held at 10:00 a.m. on April 5, 2000 at the City of Newport Beach Council Chambers, 3300 Newport Boulevard, Newport Beach, CA 92663 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 Michael J. Sinacori Project Manager at (949) 644 -3311. Page 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 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 "Basis of Proposal Lump Sum Price' are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed by the total of the lump sum prices submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. E • Page 2 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the ger,eral 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 executre 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 Cjjde relating to prevailing wage rates (Sections 1770- 7981 inclusive). Certified payroll willfbe required to verify prevailing wage dates. 9. The Contractor shall be respon�lble for insuring compliance with provisions of Section 1777.5 of the Labor Code ApAkenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subjretting and Subcontracting Fair Practices Act ". 10. All documents shall bea��16ignatures and titles of persons authorized to sign on behalf of the bidder. For corporate ins, the signatures shall be of a corporate officer or an individual authorized by the c rporation. For partnerships, the signatures shall be of a general partner. For sole o Nnership, the signature shall be of the owner. The signature beljw ep resents that the above has been reviewed. 5639�Y A, B, C -10, C -27 License No. stello, Inc. =President i��& Date Page 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 BIDDER'S BOND 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 TFN pFRCFNT OF (;aFATFR AMOUNT Bm Dollars t$10 /--------- - - - -), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BONITA CANYON SPORTS PARK, Contract No. 3270 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 Su:'ety from its obligations under this Bond. r Witness our hands this 26TH day of APRIL 2000. CASTELLO, INC. BY: Name of Contractor (Principal) Auth rized nat re /Title I r� i 1 UNITED STATES FIDELITY AND GUARANTY COMPANY Name of Surety P.O. BOX 2382 BREA, CA. 92822 -2382 Address of Surety (714)792 -2453 Telephone BY: V i_-� Authorize Agent Signature i JOHN G. MALONEY, ATTORNEY —IN —FACT Print Name and Title (Notary acknowledgement of Principal & Surety must be attached) s IMS2 NHS „� O 0 Cl) E 00 'f' m °_ m O . a .'"° 0 m m w o N Z n °c CL -i n {j �c' 'O m O o n a as �� cn 9 H r O czKOtr; N r. ° ma "� r D m� ¢¢ p mNci�' �1 "L C �y 3 ° n >� N r.��(T: ^'^_�r.p p G� H 9 m oa x '-- N O m D r O 3 CD n I M m `._ I¢ ' E CJ c- r ❑ a ET ? 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"O m N W W CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTYOFSan DL9_qO- On April 94, gaon— before me, Jo Ann Caspersen, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, Morey Rabimi personally known to me to be the personw whose name(F) is/am subscribed to the within instrument and acknowledged to me that he /shed tW executed the same in his/hwAI;I:0r- authorized capacity (j&s), and that by his/henftllaai� signatures) on the instrument the person(s�, or the entity upon behalf of which the persorp* acted, executed the instrument. WITNESS my hand and official seal. JO ANN CASPERSEN (SEAL) COMM. # 1187448 NOTARY PU8L1=ALJFOQX;AG) NOTARY PUBLIC SIGNATURE SANDIEGOCOUNTY U 1000MM- EXP. JULY 14,24D2 OPTIONAL INFORMATION DOCUMENT OF DOCU TITLE OR TYPE N N DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTYOFSan DL9_qO- On April 94, gaon— before me, Jo Ann Caspersen, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, Morey Rabimi personally known to me to be the personw whose name(F) is/am subscribed to the within instrument and acknowledged to me that he /shed tW executed the same in his/hwAI;I:0r- authorized capacity (j&s), and that by his/henftllaai� signatures) on the instrument the person(s�, or the entity upon behalf of which the persorp* acted, executed the instrument. WITNESS my hand and official seal. JO ANN CASPERSEN (SEAL) COMM. # 1187448 NOTARY PU8L1=ALJFOQX;AG) NOTARY PUBLIC SIGNATURE SANDIEGOCOUNTY U 1000MM- EXP. JULY 14,24D2 OPTIONAL INFORMATION DOCUMENT OF DOCU TITLE OR TYPE N N DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE IleStPdUl 1W POWER OF ATTORNEY Seaboard Surely Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 20599 Certificate No. KNOW ALL MEN BY THESE PRESENTS; That Seaboard Surety Company Ls a corporation duly organized under the laws of the Slate of New York, and Ihm St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SL Paul Mercmv Insurance Company are corporations duly organized under the laws of the Slate of Minnesota, and than United Slates Fidelity and Guaranty Company is a corporation duly organized under the law,. of the State of Maryland. and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Slate of Iowa. and That Fidelity and Guaranty Insurance Underwriter,;, Inc. is it corporation duly organized under the laws of the State of Wisconsin therein < "llelnich' (soled the "Cnrnpainev'), and that the Companies do hereby make, constitute and appoint John G. Maloney and Helen Maloney Escondido California of the City of ___- ,State .their true and luwlul Adorneyls)-in -Fact. each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guarameeing the performmnce of contracts and executing or guaranteeing bonds and undertakings required or permitted in any aclionS or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 1St day of December 1999 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. S[. Paul Mercury Insurance Company ,,,,eeooY11F)� Y IFS sUfYAlb �g �F 4'A +. N'"raeam 92 ' SnAL' J SHdL l 19T/ 18$1 JOHV F. NHINNEY, Vice Nresitlem ' S ........... PA r�aEW °is.�M� <bl Ala State of Maryland '�Jk G City of Baltimore MICHAEL R. MCKIBBEN. Asskelm Secrelar On thin —I-St day of December 1999 , before me. the undersigned officer, personally appeared John F. Pliancy and Michael R. McKibben who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company. SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company. SL Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, and Fidelity antl Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate sells of said Companies: and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, 1 hereunto set my hand and official seal. My Connnission expires the 13th day ofJuly. 2002. 86203 Rev. 11 -99 Printed in U.S.A. e9 RfRFC'('A LASLLY- ONOKALA, Nanny Public 11 is Power of Attorney is granted under and by the authority of the lbllovvi r, Let,,]attons adopted by the Board, of Director: (II S Callon rd Surety Congmny- SI. I'a111 Fire and marinc Inxuu cc Company, St. Pao1 Guardmn Insurance Cnmp;mc. SI. Paul Mcreury In,nnnec Company, 'i sited .$Ines Fidelity and Gunnmh• Company. F'idcliq and Onnrunly Insurmce Company, and Fidoilty and Guanolt) Insurance Underwriters, Inc. on Seplemhcr'_. 1998, "hid) nudutlon, are uovc in full force and ellecl. readins as lohos.'.a'. RESOLVED, that in commctmon w ilh the l)deliq and surer, insurance hu,ine,, of the Company, all hoods, undenakinge- Contract., Laid other insir MICHIN ntliling to ;aid business nav be signs d. execued, and uckr o edged by Persons or entities appointed as AtioraeV(s) -in -Pact pursuant nr a Power of Adorns, issued in accordance with these re- ,(lations. Said Pmeio,) of Anoints fir and on behalf of the Companc may and shall be execwedl in the name and on beloall' of the Companc, ci]her by the C hit iI ml n. ur the PresidcnL or any Vi cc President, or an A,SIslanl Vice President, Ioi ill I wi lit the Sec lary or an A,,i�,i I it Sccrctuq'. under their respce1i,c dcsi amnion,. l'he IiCna1urc of such officer, map be cnemeed. printed or IiI )to eru ill ed. The Signature of cash afthc liacl,oing wince,, and the seal of I C Company may he ItIflted b)' Iaeai III ile 10 um' Power of AIlurne)' or to asp CC' tifiCa(C iCIUIia$ I lie Icto appoi IIi11 AIIorncy(s) -in - Fire t fur puIpo,Cs ooh of extamnt and attuning hand, Lill(] uudermklngs Lind other w rifing.a obligatory in the retitle Iharcof_ and subject to i ne Iimiiauons ter lonh therein, any such Power of Attorney or cerlifictro bearing such Iac,lmile signmure or facsimile seal shall be v did] and binding upon the Company. and any such power NO executed and ccni]ied by such facsimile ,'icnalulc and facsimile ncA ,It ;ill be culid and hinding upon the Colupuny with wSlIecl to am bond or undrnaAimt to which it P'abdly attached: and RESOLVED FURTHER, that Atturnev(,)- in -Faer shall have the power and authority. and, in any Cu,ec, suhieci to the terns and limitations of the Power of Ain mey issued Them. m exeauna and dOncr oa behalf ofthe Company and m attach the seal of the Company to airy and all bonds and undcrlakinge, and ofhcr writing, (Lill i!_atory in the nature tilerCot - ;md an)' Such Instrument executed b)' such Attorney(,) -ia -Feet shall be es binding upon th; Con) ponv as it signed by an Ececutixe Officer Lind sealed and wtented m hp the Sccictury of the Contpnnp. 1. ;Michael R. 11cKibbcn- Assistant SecreWq of Sauhoard Surety Company- St. Paul Fire and Marine Insurance Company. St, Paul Gl urdian Insurance Company'. St. End Mercury Insurance Company. ,hired State, Fidelity and Guafantp Company, Fldehly and C�inill anov InNranee ( onnpil iv. and FldeliiA and f. uamns la,nrance Underwriters, Inc. ilo hereby certify that the above and I are all n , a a true and correct copy of the Power of Atu rnev executed b) said Qnup:ntIcs, which 1s in full tierce and effect and has not been revoked. IN TESTIMONY WHF.RF.OF, I hcicuino set my hand this 26TB dlny of ._ ... APRIL- _?00Q - Su`fly V AttY 1927 �� ,� ss.x1. i ssxu i +ess 1977 1951 +�. + �•µ'�r \ °3y Y� \tishutl R. f`1e Kihhe r A„'J:nn Sructan' cr recta 4ti.� ss. nx,a' � AYA ANt -'Nf 11� To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the abate -named individuals and the details of the bond to which the power is attached CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 DESIGNATION OF SUBCONTRACTOR(S) Page 4 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. 2. 3. 4. 5. 6. 7. S. S//u�Ibcontract Work /�Subcontractor Address (74 10. Castello, Inc. Bidder FA , President • 0 Page 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor 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. 2. 3. 4. 5. 6. 7. 8. 9. 10. Castello, Inc. Bidder Address 611:t- Y , e2 ature/Title, , President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Page 5 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 Completed Name /Agency SEE ATTACHED Person Telephone To Contact Number Castello, Inc. f 4 ��/y�` President Bidder Ai rfhinnati iro/Titla 0 • Page 5A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 TECHNICAL ABILITY AND EXPERIENCE REFERENCES CONSTRUCTION OF MISSION ROAD IMPROVEMENTS Matt Brady, Resident Engineer County of San Diego, Department of Public Works 5555 Ov land Avenue, MS -090, San Diego, CA 92123 Phone: 694,395'8' t89s Contract Amount: $5,428,772 Estimated Completion Date: 3/2000 Bonding Company: United States Fidelity & Guaranty Co. VISTA VILLAGE DRIVE IMPROVEMENTS Marshall Plantz, Resident Engineer City of Vista 600 Eucalyptus Avenue, Vista, CA 92085 Phone: (760) 726 -1340 Contract Amount: $5,382,387 Completion Date: 11/99 Bonding Company: United States Fidelity & Guaranty Co. - 6av}- Beese, Resident Engineer Centre City Development Corporation Redevelopment Agency of the City of San Diego 225 Broadway, Suite 1100, San Diego, CA 92101 -5074 Phone: (619) 533 -7145' 46 Contract Amount: $2,353,003 Completion Date: 8/96 P City of Carlsbad 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Phone: (760) 43+i+-6t Contract Amount: $2,991,242 Completion Date: 09/99 Bonding Company: United State Fidelity & Guaranty Co. Page 5B CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 University of California, San Diego Robert C. Wielage, AIA, Dir. of Arch. & Proj. Mgt. Facilities Design & Construction 9500 GfljX= Drive -0916, La Jolla, CA 92093 -0916 Phone: 534 -3813 w-ws .ao. Contract Amount: $1,935,408 Cr Duration: 6 months Completion Date: 3/96 (Maintenance) • • Page 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 NON - COLLUSION AFFIDAVIT State of California ) ) ss. Countyofsan Die9J Morey Rahimi , being first duly sworn, deposes and says that he or she is Press ent Treasurer of Castello, Inc. 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 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. Castello, Inc. President Bidder /-Authffized Signaturefritl6 Subscribed and sworn to before me thisaY day of [SEAL] No ry Public My Commission Expires:) JQ AN CAS $ N PER1 O - COMM. %1187418 NOTARY PUBLIC- CALIFORNIA SAN DIEGO COUNTY 0 COMM. E %P. JULY 14, 2002 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 NOTICE TO SUCCESSFUL BIDDER PAGE 7 The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND 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. Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Engineer within ten (10) days (not including Saturday, Sunday, and Federal Holidays) after the date of receipt of the Notice of Award to the successful bidder. 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. 0 • PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BONITA CANYON SPORTS PARK CONTRACT NO. 3270 CONTRACT THIS AGREEMENT, entered into this 9th day of May, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Castello, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BONITA CANYON SPORTS PARK Project Description 3270 Contract No. 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: A. 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 Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3270, Standard Specifications for Public Works Construction (current adopted 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. B. 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: 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. 0 0 PAGE 9 C. COMPENSATION 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 six million, two hundred seventy -six thousand and 00/100. Dollars ($6,276,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. 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. E. 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 Castello, Inc. Public Works Department 457 Corporate Drive 3300 Newport Boulevard Escondido, CA 92029 -1507 Newport Beach, CA 92663 (760) 747 -6500 Attention: Michael J. Sinacori (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 0 0 PAGE 10 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. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) 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. b) 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. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) 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. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. 0 0 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. 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. ii. 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. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. 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. v. 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. b) 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. c) 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. 5. 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 0 0 PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. 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. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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 it. 2. 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. 3. 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. 4. 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. 5. 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. 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: CITY CLERK APPROV , . S TO FORM: t CITY A ORNEY CIT AN go CASTELLO, INC. gy' ! President 4uthor 466 Signature and Title 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ss. _ C d-�� On `iD \v\ before me, Date ` n Nam of itle of Officer (og.. "Jane oe, Notary Public') personally appeared �U^ O (��C U� \t» A li �J,N A Nannebd of Signers) -personally known to me proved to me on the basis of satisfactory evidence I4329 ?z --d Nolory PuoGC - CC.WOM10 Orange County My Comm. Exores Feb 21, 2002 to be the person s) whose namE is/ re subscribed to the within instr ent and acknowledged to me that he /s the executed the sa in his/her/ hei author' d capacity ies , and that by his /he hei signatur son the instrument the perso s the entity upon behalf of which the perso t ss acted, executed the instrument. WIT SS my hand and official seal. Place Notary Seal Above Signal re o1 lary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached f�ocu end Title or Type of Document. Document Date: (� 0\ — " C) Number of Pages: Signer(s) Other Than Named Above: OS�_ �� , , Q Capacity(ies) Claimed by Signer Signer's Name: n f Individual Top of thumb here ❑ Corporate Officer— Title(s): Fl Partner — _ Limited J General ❑ Attorney in Fact Trustee Guardian or Conservator C Other: Signer Is Representing: © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313 -2402 Prod. No 5907 Reorder: Call Toll -Free 1- 800 -876 -6827 ACORD. CERTIFICA , OF LIABILITY INSUR C�;R CX DATE ( /x100 YY) STELl 05/12/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION POLICY NUMEER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 131 No. Glassell, suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Orange CA 92866 Phone: 714 -516 -2960 Fax:714 -516 -2965 INSURED INSURER A, Westchester Fire Ins. Co. INSURER B: FIRE DAMAGE (Any one run) INSURER C: Castello, Inc. 457 Corporate Dr. Escondido CA 92029 INSURER O: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS,JRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1$ SUBJECT TO ALL THE TERMS, E%CLUStONS AND CONDITIONS OF SVC,I POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, M TYPE OF INSURANCE POLICY NUMEER DATE MMIODITY POCY DATE MWO TI N LIMITS A GENERAL LIABILITY X COMMERCIALGENERALLIABILITY CLNMSMADE OX OCCUR GLA6443900 10/31/99 10/31/00 EACH OCCURRENCE 9110001000 FIRE DAMAGE (Any one run) s 50,000 MED EXP(MYeAaP <-url) S 51000 PERSONAL E ADV INJURY 51, 000, 0 0 D GENERAL AGGREGATE 4 2,000,000 GEN'L AGGREGATE LIMIT APPUES PER PRO - POLICY X JECf LOC PRODUCTS - COMPIOP AGG S2, DO 0, 000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS LED AUTOS SCHEDULED HIRED AUTOS NON-0WNED AUTOS COMBINED SINGLE LIMIT ti xcBMl) S BODILY INJURY ) e, (P Per S BODILdI Y (Per ectlaeni) U E PROPERTYDAMAGE (Pa acrSFrn[1 S GARAGE UABIL1TY ANY AUTO AUTO ONLY - EAACCIDENT S OTHERTHAN EA ACC AUTO ONLY: ASS E 3 A EXCESS LIABILITY X OCCUR ❑CLAIMSMADE DEDUCTIBLE RETENTION E CZYA1045170 10/31/99 10/31/00 EACH OCCURRENCE 55,000,000 AGGREGATE 35,000,000 E 3 E WORKERS COMPENSATION AND EMPLOYERS' LIABILrry TORY LIMITS ER El. EACH ACCIDENT E E.L. DISEASE -EA EMPLOYE E EL DISEASE- POUC'/LIMIT E OTHER DESCRIPTION OF OPE MONYLOCATKJNSNF HICLESIEXCLUSKINS ADDED BY ENOORSEMENT JSPECIAL PROVISION$ *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENT. IR24 BONITA CANYON SPORTS PARR - CONTRACT NO, 3270 CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER CANCELLATION NEWPOR2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURERWILL El BEWEIR fS MAIL *30 DAYS WRITTEN ADMINISTRATIVE COORDINATOR NOTICE TO THE CERTIFICATE NOLIIER NAMED TO THE LEFT, 3300 NEWPORT BLVD. P.O. BOX 1768 ' NEWPORT BEACH CA 92658 -8915 ACORD 26S (7197) I ®ACORO CORPORATION 1988 OS /12 /00 INSURED: Castello, Inc. INSURANCE COMPANY: Westchester Fire Ins. Co. POLICY NUMBER: GLA6443900 1�1 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, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. RE: BONITA CANYON SPORTS PARK, CONTRACT NO. 3270 (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 M 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. THIS INSURANCE IS PRIMARY AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS AND NON - CONTRIBUTORY. CG 2010 1185 Copyright, Insurance Services Office, Inc. 1984 11111-1 cf-uu mi 01.01 m ncoer4 r . u r i v e r L o . I P C FrIn Ilu. U10 L,00101c I. VL/ QL a r -I .... C.. ACORDR PI YiERTJCXT 1 511200 8 50 Ay A '612 THIS CERTIFICATE Is ISSUED AS A MATTER OF INFORMATION ROBERT F. DRIVER COMPANY, INC. 1620 FIFTH AVENUE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SAN DIEGO, CA 92101 COMPANIES AFFORDING COVERAGE Corp License #OC36861 . ............. ... .. COMPANY A Fidelity & Guuramy Ins Co NSURED CQ.PA1Y Castello Inc. 457 Corporate Drive I COMPANY Escondido CA 92029 0 COMPANY D Id ........... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ASO e FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN Is SUBJECT To ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE or INSURANCE POLICY NUMBER POUCY EFFECTIVE POUCY�T[ON OMITS LTA DAM WMMDI n PAM UNWIMMOM) GENERAL LIABILITY GEN[ PRODUCTS COMP.�P ASS I ENE UIL LIAblUtY 3 CLAIMS A'_.' MADE ❑ OCCUR PERSONAL A ADV INJURY 9 +COMM A C. NTRACTOR'S NOT EACH OCCURRENCE I I FIRE DAMAGE (A.Y 0,10 CIO I MED EXP IM,, S AUTOMOBILE MMIUT`f COMBINED SINGLE LIMIT 3 MY AUTO BODILY INJUKY 0'. .,.*m 1 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (P. 011111,.1 9 HIRED AUTOS NON-OWNED AUTOS PPOKRTYOAMAGE GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHER THAN AUTO ONLY, ANY AUTO EACH ACCIDENT S AGGREGATE .# FXCEBB LABILITY EACH OCCURRENCE 9 AGGREGATE 3. UMBRELLA FORNI OTHER THAN UMDAS1LA FORM # A WOPKIDAS COMPLIISAMON AND DRE0456199 10/01193 10101;00 1XI iL t2iZ --- H EL EACH A1!LC1RqII7. 3 1000000 THE NOILIA CTO MCL PARTNUiWEXECUTIVE R EL DISEASE - POLICY POLICY UNIT EL 0,7 7 1 1000000 OFFICERIZ ARFi EXCL EL DISEASE - CA EMPLOYEE CL 56 1 1000000 OTHER bESOMPrOM OF OFMAr1ON&%0CATIONS,VE"CUC3I*PZCUkL IMMUS RE: BONITA CANYON SPORTS PARK-CONTRACT 03270 -10 DAYS NOTICE FOR NON-PAYMENT CITY OF NEWPORT BEACH SHOULD ANY OF THE MOVE PRISCRIBED POLICIES BE CANCELLED BEFORE THE E)IRRATJON DATE THEREOF, THE 04VING COMPANY WILL ENDEAVIDA TO MAIL ADMINISTRATIVE COORDINATOR 30 DAYS WRITTEN NOTICE TO THE CWIFICATC NOLOW NAMED To THE LI 3300 NEWPORT BLVD. BUT FAILURE To MAIL SUCH M0710E SKALL IMPOSE NO OfUJOATION OR UMILrfV NEWPORT BEACH, CA 92658-1768 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR ASNIERMNTIVER . I'VAMMENTAVA11C - 0 0 PR 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BONITA CANYON SPORTS PARK CONTRACT NO. 3270 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. 3270 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 Base Bid Perform all work necessary for the completion of the East Park, Mid Park, West Park and West Park Open Space exclusive of bid alternatives listed herewith, per approved plans and sp iftcations. Dollars and Cents $ Per Lump Sum 2. Lump Sum Bid Alternate 1 Perform all work necessary for the completion of the West Park Open Space landscaping per approved plans and specifications, crediting for items of the Base Bid wh h are precluded �by+saii:ro; @ ollar and Cents $ 2 0 ©o Per Lump Sum L E PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Bid Alternate 2 Perform all work necessary for the completion of the West Park Tot Lot per approved plans and specifications, crediting for items of the Base Bid which are precluded by said wo Dollars and Cents $ 6� D Per Lump Sum 4. Lump Sum Bid Alternate 3 Perform all work necessary for the completion of the West Park Tennis Courts per approved plans and specifications, crediting for items of the Base Bid which are precluded by s . work. @ollars and Cents $ 005 Per Lump Sum 5. Lump Sum Bid Alternate 4 Perform all work necessary for the completion of the West Park Basketball Court per approved plans and specifications, crediting for items of the Base Bid which are precludel by said rk. 'Dollars and Cents $ 2-8000 Per Lump Sum 6. Lump Sum Bid Alternate 5 Perform all work necessary for the completion of the Mid Park Soccer Field Restroom per approved plans and specifications, crediting for items of the Base Bid which are precluded by said w rk. @-rin) - and Cents Per Lump Sum • r FIR 3of3 Lump Sum Bid Alternate 6 Perform all work necessary for the completion of five masonry park signs, sign lighting and sign lighting. Two signs are as shown on the plans; three additional signs (not shown) are to be located on Bonita Canyon Road at the intersections of 1) MacArthur Blvd, 2) Wsa View, and 3) Prairie. and Cents Per Lump Sum $ t�i3000 Contractor shall submit a "Schedule of Values" attached to this proposal detailing a cost breakdown of each bid item. This schedule will be used throughout the project for payment evaluation percentages. TOTAL PRICE IN WRITTEN ,WORDS (BASE BID PLUS ALL ALTERNATIVES) and Cents , 2zIcg0 Date Phone: 760 - 747 -6500 Fax: 760 - 747 -8449 Bidder's Telephone and Fax Numbers 563961 A, B, C -10, C -27 Bidder's License No(s). and Classification(s) $ 60,�!p 000..� 7 Total Price (Figures) Castello, Inc. Bidder >� 66, /1 dz�� President idder's Kuftforized Signature and Title 457 Corporate Drive Escondido, CA 92029 -1507 Bidder's Address • • Page: 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 APR 17 2p44 BONITA CANYON SPORTS PARK CONTRACT N 0 6�vl DATE: April 14, 2000 BY: Public Works Director TO: ALL PLANHOLDERS This is the first addenda to this contract. It consists of seven (7) pages; this page and three (3) other pages, as well as one SAMPLE attachment of three (3) pages. This bid addenda is provided as substitutions, additions, deletions, and clarifications to the plans and specifications. NOTICE INVITING BIDS The Bid Opening Time has been changed to 2:00 p.m., on the 27th day of April. Bidders are required to sign all 4 pages of Addendum No. 1 and attach each 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. Castello, Inc: Bidder's Name (PleaseRsint) —.: zZ/ate Date , President & Title n u uuy 0 • • Page: 2 of 4 The following changes additions, deletions, or clarifications shall be made to the contract documents; all other conditions shall remain the same. PROPOSAL Replace the paragraph after bid Item 7 regarding the "Schedule of Values" with the following: "The 1se, 2 "d and 3rd low bid Contractors shall submit a "Schedule of Values" to the Public Works Department by Monday, May 15`, 5:00 p.m. The format should be in accordance with the attached sample. This schedule will be used throughout the project for payment evaluation percentages" SPECIAL PROVISIONS Section 2 -9 SURVEYING 2 -9.3 Survey Service Delete Section 2 -9.3 and replace with the following: 112 -9.2 Survey Service" Add the following paragraph before the first paragraph: "The Contractor shall provide the services of a California Licensed Surveyor for construction surveys and staking for the work. During construction, copies of all survey field notes shall be given to the Engineer. The City reserves the right to spot check and verify surveys as it deems necessary." All following references to surveys being provided by the Engineer shall instead be provided by the Contractor. Bidders are required to sign all 4 pages of Addendum No. 1 and attach each 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. Castello, Inc. Bidder's Name (Please Print) Dates President Au onzed'Syliature & Title- • Page: 3 of 4 The following changes additions, deletions, or clarifications shall be made to the contract documents; all other conditions shall remain the same. SPECIAL PROVISIONS (continued) Section 6 -7 Time of Completion 6 -7.1 General Replace the first sentence in this section with the following two sentences: "The Contractor shall complete all work under this contract within 275 consecutive working days from "Notice to Proceed." The 60 calendar day establishment period shall begin at the end of the 275 working days and will be followed by the 90 calendar day maintenance period." Section 6 -9 Liquidated Damages Replace the "four hundred (400) consecutive working days" with "two hundred and seventy -five (275) consecutive working days." Section 7 -7 COOPERATION AND COLLATERAL WORK Add the following after the last paragraph in this section: "The Metropolitan Water District of Southern California (MWD) water pipeline has a blow off vault with a rectangular lid, (see top of construction sheet C -15, pg. 16 of 133). Coordination with MWD by the Contractor with regard to raising vault lid to grade upon completion of the rough grade will be necessary. MWD will mobilize and raise this vault lid in approximately four weeks after rough grade is complete. The Contractor will be required to coordinate with MWD's forces in this effort." Bidders are required to sign all 4 pages of Addendum No.1 and attach each 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. Castello, Inc. Bidder's Name (Please Print) j!�� ](© O Date �J ,President A thorize Signature & Title Page: 4 of 4 Section 203 -11 RESIN MODIFIED EMULSION Replace the test properties table on page 23 of 79 with the following: Test Pronerties Property Value Stability Minimum 3,000 Ibs Flow (11100 inch 8 -16 units) Section 302 -9.3.2 Placing the Paving Mixture Replace the "4- inches" in bottom of second paragraph with "3- inches." APPENDIX 1 (GEOTECHNICAL REPORT) The final geotechnical report is available for review at the City of Newport Beach Public Works Department. Please Note: Reference to BSK and Associates report, dated May 14, 1999, on Sheet C -1, page 2 of 133, should be ignored. CONSTRUCTION DRAWINGS Sheet C -1 and C -12, pages 2 and 13 of 133, Construction Note No. 29 should be revised to read 3" D.G. instead of 4" D.G. CLARRIFICATION TO BIDDERS C -22, Page 23 of 133. Detail 2: The term "Local Rock" does not mean on -site rock. The bidder shall assume that no on -site rock is available for use as Rip -Rap. C -11 & C -12, Pages 12 and 13 of 133: There is no existing walk between the Pacific Bell building and Sta 17 +10 along Ford Rd. Proposed sidewalk near Pacific Bell joins existing drive apron. Bidders are required to sign all 4 pages of Addendum No. 1 and attach each to the bid proposal. Bids may not be considered unless this signed Addendum No.1 is attached. 1 have carefully examined this Addendum and have included full payment in my Proposal. Castello, Inc. Bidder's Name (Please Print) Date & Title - President 11 MIS_ 11SYS %Users%PBW%SharedlContractsTY 99 -0018onits Canyon Sports Park C- 327MADDENDUM NO. 1.doc 0 0 Bonita Canyon Sports Park Schedule of Values Page 1 of 3 BONITA CANYON SPORTS PARK Schedule of Values BASE BID $ East Park, Mid Park, West Park, West Park Open Space Mobilization Site Rough Grading Site Fine Grading Survey Restroom Footings Walls Rough Plumbing (to 5' outside bldg.) Rough Electrical Rough Framing Wall & Floor Tile Int./Ext. Paint & Stain Doors / Frames Door Hardware ! Locksets Roof/Frame Roofing PartitionsMall Plumbing Fixtures* Finish Plumbing Finish Electrical Electrical Fixtures Finish Framing/Trim Irrigation Controllers Installation Valves installation Main Line Piping Lateral Line Piping Backfiow Devices / enclosures Pressure Testing Concrete & Flatwork Sidewalk Pavers Curb & Gutter AC Paving Base courses (ac +ab) Cap paving Striping a 0 Storm Drains Bonita Canyon Sports Park Schedule of Values Page 2 of 3 Main Line Piping (30" and Greater) Lateral Piping (Under 30 ") Inlet Boxes Drainage Outlet Structure and Rip Rap Site Electrical Trenching Wiring and Conduit Light Fixtures Pullboxes (splicing, fuses, wiring up) Site Water Piping Fire Hydrants, Connections, testing Water meters, boxes, gravel Site Sewer Landscaping Trees Q Shrubbery Hydroseed Soil Treatments/Amendments , Maintenance General Conditions (for entire project) BID ALTERNATE 1 West Park Open Space Landscaping Trees Shrubbery Hydroseed Soil Treatments/Amendments Maintenance BID ALTERNATE 2 West Park Tot Lot Concrete Equipment Drainage Piping Rubberized Surfacing BID ALTERNATE 3 West Park Tennis Courts Grading Concrete Surfacing Fencing A D BID ALTERNATE 4 West Park Baseball Court Grading Concrete Fencing / Backstops Bleachers / Benches BID ALTERNATE 5 Mid Park Soccer Field & Restroom Soccer Field Grading Restroom to be per schedule above. BID ALTERNATE 6 Five Masonry Park Signs Masonry Electrical E Bonita Canyon Sports Park Schedule of Values Page 3 of 3 $ Page: 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �� i,► ADDENDUM NO. 2 BONITA CANYON SPORTS PARK CONTRACT NO 3270 j DATE: April 21, 2000 BY:�. Public Works Director (f}c>5;9� TO: ALL PLANHOLDERS This is the second addenda to this contract. It consists of 4 pages. This bid addenda is provided as substitutions, additions, deletions, and clarifications to the plans and specifications. SPECIAL PROVISIONS Section 206 -6 CHAIN LINK FENCE Replace Secure Technologies as supplier with Allied Tube and Conduit, Fence Division, 800 -882 -5543 or approved equal. Bidders are required to sign all 4 Pages of Addendum No. 2 and attach each to the bid proposal. Bids may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Castello, Inc. Bidder's Name (Please Print) z 7 /C?0 Date President Authorized Signature & Titie Page: 2 of 4 SPECIAL PROVISIONS (continued) Section 212 -5 SITE FURNISHINGS Replace bleachers Model # 12043 on Page SP 41 of 79 with # 12042. Replace bike rack manufacturer on Page SP 43 of 79 with Columbia Cascade/Timberform CycLoops # 2170 -9-g Galvanized steel 7'3" looped rack. Available through Pierce & Assoc. 503 - 223 -1157. CONSTRUCTION DRAWINGS Drawing No. L1.17, Sheet 89 of 133. Chanae call -outs of suppliers /materials as specified under Special Provisions above. Drawing No. L1.18, Sheet 90 of 133. Note II refers to grasspavers. But it should refer to the seatwall per Detail B, Sheet L 1.20. CLARIFICATION TO BIDDERS There are no design drawings for the tennis and basketball courts. See Page PR 2 of 3, and Page SP 8 & 20 of 79. Option "B" shown on Drawing L3.18, Sheet 133 of 133, is to be paid under Bid Item 6, Alternative 5. Site Furnishings are shown starting on Page SP 40 of 79. Sample Schedule of Values, Page 2 of 3, should include 4 baseball fields under the BASE BID. Sample Schedule of Values, Page 3 of 3, BID ALTERNATE 4 should read West Park Basketball Court. Sample Schedule of Values, Page 3 of 3, BID ALTERNATE 5 should read Mid Park Soccer Field Restroom. Bidders are required to sign all 4 Pages of Addendum No. 2 and attach each to the bid proposal. Bids may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Castello, Inc. Bidder's Name (Please Print) ,�� � &a Date �, President & Title Page: 3 of 4 CLARIFICATIONS TO BIDDERS (continued) Number of access gates for the temporary chain link fence is to be determined by the Contractor with locations to be approved by the Engineer. Fence shall remain in place until the end of the 90 -day Maintenance Period unless directed by Engineer to remove fence earlier. Chain link fabric shall be vinyl coated. Drawing No. 1-1.17, Sheet 89 of 133 indicates "PAINT" in error. Resin modified emulsion shall be as described in Section 203.11 of the Special Provisions and as provided by Soil Stabilization Products Company, Inc., 800 -523- 9992 or approved equal. Parking tot asphalt paving section shall be based upon recommendation 3.14 of the Geotechnical Report. A copy of the Report is included as Appendix 1, of the contract documents. Sources of import fill material are less than one mile away. City will coordinate with borrow site owner and provide location to the successful bidder. Shop drawings shall be provided for two -post tensioned tennis courts and one basketball court. The Contractor's California - licensed Civil or Structural engineer shall approve the design and shop drawings, and minimum industry design standards and recommendations contained in the Geotechnical Report shall be met orexceeded. Drawing No. C -11, Sheet 12 of 133. Proposed location of new sidewalk is adjacent to existing curb and gutter. Contractor shall meet curb flush and grade at 2% from curb to back of walk. Drawing Nose C -14 and C -15, Sheets 15 and 16 of 133. Existing drainpipes are to be removed. Bid per plans. Bidders are required to sign all 4 Pages of Addendum No. 2 and attach each to the bid proposal. Bids may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Castello, Inc. Bidder's Name (Please Print) Date & Title President Page: 4 of 4 CLARIFICATIONS TO BIDDERS (continued) Drawing No. L1.05, Sheet 77 of 133, shows the location of three proposed soccer fields. Contractor's scope will include irrigation and planting only. No striping, special surfacing or sports equipment is required. Drawing No. L1.09, Sheet 81 of 133. Call -out #53 refers to construction fence. Construction fence is temporary fencing 6' high per Section 206 -6.10, SP 24 of 79. Drawing No. L1.11, Sheet 83 of 133. Trex recycled plastic wood backstop boards are to be installed as shown as a dashed line. Drawing No. L1.18, Sheet 90 of 133. Concrete paver detail, Sheet 89 of 133, for edge construction at seatwall opening and at circular planter. Drawing No. L1.21, Sheet 93 of 133 specifies a 2" mesh 6ga. Vinyl coated chainlink fabric. Fabric core is to be 6 ga. Drawing No. L2.3, Sheet 98 of 133 shows a sub -main connection. This sub main is to be stubbed out for future connection to the existing MacArthur Boulevard. median irrigation system. Control wires and cables in conduit are to be run from the sub -main to the existing off -site controller located in the MacArthur Boulevard. parkway approximately 2,700 lineal feet from the sub -main. No connection to the median is proposed in these plans. Contractor shall be responsible for restoration of existing conditions (landscape) from the sub -main to the controller. Drawing No. L2.4, Sheet 99 of 133 shows a medium weight solid line beginning below the period in the words "MACARTHUR BLVD." at the top of the sheet and ending near the call outs for remote control valves .R -2 and R -3. This is the Open Space limit line for Bid Alternate 1. The planting plan Drawing No. L3.04 does not show this line but shall follow this limit. Bidders are required to sign all 4 Pages of Addendum No. 2 and attach each to the bid proposal. Bids may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Castello, Inc. _.... _ Bidder's Name (Please Print) Da t6 prey ;gent & Title 0 7GG P +5 % Ccr•Y: Lam. �.'� F� S:eve Davey F� c��f� . �lt� • 33p�. _ �ae�: Da'L-. ter_ h ay R�. U vr2N-,! FLV Re lree M Fie =a COmm,ert 0 P.o Rrj ❑ Pia -'v,c Reeyc,t • Lcrryor:'s. . '�f {7�a4F_ C!G ✓ items r'� "- :'i- IVY l/�t L Tr. ar: is: iD "d svve LbL 09L •ouI OLL°4SRO VZ£;6D 00- 10 -FQW 0 Scleduls or vanes SONTTA CANYON PARK - SCHEDULE OF YALUEB 0 UNIT DESCRIPTION UNIT OUANTITV PRICE AMOUNT BASE BID FT-7, i -Illy N Pme 1 ZO'd GVtS LVZ 09L '�uI 01.L0'4swD VZE;60 00- 20 -OCQW LS 1 $ 123,340.0 f 123,W.00 _—TRAFFIC CONTROL L 1 3 211750.00 S 26.750.00 CONTROL 6204. 6625400 SU RV LS 1 S 48,150.00 48,150,00 CLEAR •ORUW I GRADING CLEAIRING 1 GRUBBING & AQSC. DEMO. LS i $ 718,41B.OD S 118418.00 SITE ROUGH GRADING LS 7 5 SM579.00 1 5 5M.579.00 SITE FINE GRADING LS 1 S 10,000.0 f EAST RESTROOM EULD FOOTING I SLM LS t 1 $ 1 3A,, 000.00 i 1 5,000.00 MASONRY LS 1 S 78,000.00 S 78,000.00 ROOFING 7 5 3,0D0,00 6000.00 REBAR LS 1 f 40MOD 4 .0 RESTROOM I LS 1 $ 487.OD 4 487.00 DOORSMIJAIESPROWIM L 1 T---R-00 .0 S 6.000.01) TOLET PARTITIONS /AC I _79- 1 000.00 S 8.00.00 ROUGH PLUMBING TO 5' OUTSIDE BLDG. LS 1 S ,000.00 ; I`LuLIE LS 1 $ 2000.0 $ .00.0 FINISH PLUMBING LS 1 $ 3,00.0 $ 300.0 FRAMING L9 _ + -, 1 36, UD ELECTRICAL _, LS 1 $ 9,00.0 I 9101).0 ERAMIC T7 __L§_ 1 16, .0 16,00.0 MISC. METAL L8 7 11000.00 9 16.00.0 OLLUP ODORS LS 1 $ 8,00.0 i 6,00.00 PAI ING LS 1 $ 9,00.0 i 5 9.D0.0 WEST PARK RESTROOM EULDNO BLAB LS 1 S 11,181.0 S 11.181.0 MASONRY LS 1 $ yd,ow 00 76, ROOFING LS 1 f 000.0 S 81000.00 RtW LS 1 $ 4.00.0 f 4.00.0 RESTROOM SIGNS L 1 S 46700 ; 487.0 DOORSJFRANES HARDWARE LS 1 $ BODD.00. $ 6. TOILET PARTITIONS I SORIES LS 1 Bow.00 S 800.0 ROUGH PLUMBING TO V OUTSIDE BLDG. LS 1 f 20.00.0 S 20,00.0 PLUMBING FIXTURES LS 1 $ 20.00.0 S 20.00.0 FINISH PLUMBED 1 FRAMING LS 1 $ 35,00.0 S 35,00.0 ELECTRICAL LS 1 $ 9,00.0 $ 9.000.0 CERAMIC TILE LS I 16,00.0 $ 16.00.00 MISC. METAL LS 1 7 00.0 18 PAINTING LS 1 f 9.000.0 $ 9.00.0 Pme 1 ZO'd GVtS LVZ 09L '�uI 01.L0'4swD VZE;60 00- 20 -OCQW 0 0 Sch dub of V*m Page 2 Cold 6bb8 LbL 09L •OuI OLLM'11-5>r0 HZ£ :60 00- 10-RuW IRRIOA 1 N CONTROLLER INSTALLATION LS 1 110,000.00 VAL NSTALLA I N LS 1 S 2311000.00 230000.00 P,WN LINE PIPING LS 1 15 LATERAL LINE _ PIPING LS 1 IS 380 WO DO 360,000.00 EACKFLOW LOSURE LS 1 . S 15,00.00 S 15,000.00 PRESSURE TESTING LS 1 S 4,00.0 S 41000.00 CO IF Me LS 1 S ,520.0 44LS $ 44,SZM CURB AND GUTT 1 7820.0 $ 7,821.0 6' IDEWALKS L9 1 180,11000 180883,0 4" EASE AT WALKS LS 1 S 32.572.0 S 32,572.0 DRIVEWAYS LS 1 S 15,5135.0 S 15585.0 3 WIDE X- GUTTER 1 1 13452.0 HANDICAP RAMPS L9 1 050.0 2.058.0 LS 1 S 21,785. 21,795.0 MOWCUR99 A LS 1 $ 12,084.0 S 12 .0 PICNIC TABLE CUB LS 1 s 3,978.OD 3,970.0 CONCRETE STAIRS LS 1 Is M408.00 $ 13.4913.0 TM LOT EDGE LS 1 $ 8, .0 6 81W4.00 LS 1 s 2,882.DD 2 SIM 0 PLAY SURFACE CONCAM LS 1 0298.0 S 8298.0 BRICK PAVER EDGE LS 1 S 13,988. 13, A LS 1 $ 107,596.0 BA E AT PAVERS L3 1 1 828.0 10.825.0 AC PAVING! 8110W. AC BASE COURSE! CLASS II BASE LS 1 $ 128,44440 S 128,444.0 PAVING LS 1 $ 11100.0 S 11,00.0 uf I LS 1 5160.0 5150.0 STORM DRAINS AWN UNE PIPING 30" GREA LS 1 2110,000Z S 210.00.00 LATERAL PIPING UNDER LS 1 00,0 S 270,0000 1 L FUT BOXES LS 1 1 $ 136,00.00 S 136,00.0 DRAINAGE OUTLFT STRUCTURCAIP.RAP LS 1 1 45X0.00--t 45 00,0 SIrP 9LECtRIdAl. TRENCHING LS 1 S 130.000.0 S 130.00.00 WIRING AND CONDUIT LS 1 $ n000 .0 S 33,000.0 LIGHT MXTUFqtS LS 1 s 110,112.0 S 110.112.0 PULLBOXES L 1 4600.0 45.000.0 OPPE WATER PIPINQ LS 1 S SS000.00 S 47,00.0 FIRE HYDRANTS CONN S, TeslilW LS 1 $ 5,000.DD $ 4,012.0 WATER METERS, BOXES. GRAVEL, VAULTS 1 35. 30000.00 SITE R SITE SEWER 1 CLEAN U 1 T1 --INS LS 1 120,00.0 $ 104,00.0 Page 2 Cold 6bb8 LbL 09L •OuI OLLM'11-5>r0 HZ£ :60 00- 10-RuW 0 So eewsdvam • Pop 3 OO'd 6bt713 LVL 09L '�uI OLL®'TSEO VZ£ ;60 00 -10-NEW LANDSCAPE LS 1 ; S 380300.OD SHRUBS L 1 95,000.DO i HYDROSEEDIN13 LS 1 i 37,432.00 S 3743200 SOILTREATMENT /AMEN NTS 1 .S 128,000.00 129,000.00 MAINTENANCE LS 1 S 21000.00 S 21,=00 FENCING 4 FENCING LS 1 is 47.76D.DD i 47750,00 4'PENCINGVVKAWC. HEADERS LS 1 ,089.00 5 HIGH FENCING LS 1 S 2,805.00 $ 240640 BASEBALL FIELD FENCING LS 1 is 359144.00 $ 359,144.00 C5WRUCTICIN FENCING LS 1 is 5.768.00 6768.00 LS 1 S 8. .00 a .00 REMOVABLE BOLLARDS L3 1 726.00 S 72800 HANDRAILS LS is 8,711.OD SITE FURNISHINGS IN SOIL LS 1 ff722 51,37500 4 "DG WI LS 1 6834.00 RATES L9 1 i 2452008 PI LS 1 i 9,951.00 TERRACE S N LS 1 i 7, BASEBALL WESPITORM RUBWR LS 1 3,366.00 S 3,388.00 BLEACHERS LS 1 S 41, 040. S 41,000.00 OREKEEPER FADS LS t i 16. 5,916.00 MIKE MKS LS 1 S 4.520.00 S 4,820.00 CAULKING LS 1 IS 3000.08 S 3.000.00 PLAYERS BENCHES LS 1 i i 13.120. 13,120.00 H RECEPT S 1 4 27,773.00 6 27,7M.00 PICNIC ABLE LS 1 5 8,420.00 $ 8,420.00 ROUIDPICNICTABLE L 1 i 3448.00 $ 3,448.00 DRINKING FOUNTAIN La 1 23.335.00 S 23.335.00 LS 1 0 8.M.00 BACKLESS BENCH LS 1 O S 1,286.00 LS 1 o 2156.00 t LS 1 0 W13.60O,00 737.00 ORASSCRETF LS 1 S 948200 PLAY ACT ING LS 1 13, .00 PLAY 9MID LS 1 0 S 5100.00 PIAYSTRUCTUR L9 1 0 S 45.986.00 PLAY AREA FABRIC 1 .00 S 387.00 PLAY AREA DRAIN LS 1 S 900.00 900.00 TOTAL SASE BID $ 599600000 11110 ALTERNATE 1 PARK OPEN SPACE LANDSCAPING) LS 1 S 241,250-00 241289.00 EEDING LS 1 b 3.741.00 3,741,00 TOTAL $ 245 000.00 Pop 3 OO'd 6bt713 LVL 09L '�uI OLL®'TSEO VZ£ ;60 00 -10-NEW 0 sowule of vat= 0 P49e 4 50'd 64b8 Lvz 09L 'UuZ �LLM'4wvD V£E :60 00- TO -lCsW ITIDALTERNATIZZ PA T L T PLAY EQUIPMENT LS 1 I 30,857.00 8 30. .00 TREE GRATE 1 3.808.00 3,W.00 RACING LS 1 5 15,27. 15.270.00 CONCRETE LS 1 $ 14,467.00 E 14,457.00 TOTAL $ 85,000.00 BID ALTERNATE 3 P COURTS) 2 TENNIS COURTS LS 1 E 34,847.00 S 34, II E LS 1 001.00 Om 00 PO E I I LS 1 E 1 51 ,00 15.51500 TENNIS C0LR2T LS 1 E 5,786.00 f 5755. LNG LS 1 15000.00 6 15,000.00 COURT SURFACING LS 1 S 4.922.00 E 4.922.00 PLAYERS Firs LS 1 E L7 6000 S 1788.00 TRUE CO—URTMOSMrS LS 1 S I ifaw s 1, TOTAL = 850 . 0 BID ALTERNATE 4 ARK BASKET13ALL COURT WKETBALL COURT LS 1 $ 12 507.00 $ 12,507.00 C 11 L 1 1.835,00 S 1,838.00 POST TENSIONING LS 1 $ 4,160.06 t 4.16D,00 WaNG LS 1 3 4992.00 882 8 400 BASKETBALL LS 1 E 1.918. $ 1, 1 COURT SURFACING LS 1 $ 2,578.DD S 25 00 TOTAL 1 5 28 000.00 BID ALTERNA E PARK RESTROOM BUILd CONCRETE FOOTINGSLM S 9, MASONRY 1 w 58,000.00 58.00.00 t 8000.00 8000.00 REBAR 1 E 9,000.00 3, RESTROOM SIGNS 1 $ 400.00 S 400.00 PRE 1 51000.00 I 5,000.00 TOILET I SSORIES 1 7.000.00 S T.0W.00 ROUGH PLUMBING 1 E 20,000, S R .00 I G FIXTURES 1 S 20,000.00 f 20.00.00 Fl SH 1 3000.00 $ 3,ODD.OD ELECTRICAL 1 7,000.00 S T,OOD.DD MISC. METAL 1 E 1 15 DOD.00 N 33,000.00 f 33 00 1 ILE 1 S 16,000.00 S 18.00.00 PAINTING 1 $ 9woloo f 9,500.00 TOTAL $ 215,000.00 P49e 4 50'd 64b8 Lvz 09L 'UuZ �LLM'4wvD V£E :60 00- TO -lCsW 0 0 s nedut of Vskm Page 5 901d 6448 L4L 09L '�uI DILOI -S93 W££:60 00- 10 -XQW ALTERNATE 6 MA A 8 FIVE MASONRY PARK SI NS LS 1 $ 9,-0-3-5-W 54,035.00 ELECTRICAL LS 1 B. .00 8965.00 TOTAL { 63 000.00 GRAND TOTAL BASE + ALTERNATES S 6 697 000.00 Page 5 901d 6448 L4L 09L '�uI DILOI -S93 W££:60 00- 10 -XQW APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department May 9, 2000 CITY COUNCIL AGENDA ITEM NO. 11 SUBJECT: BONITA CANYON SPORTS PARK -AWARD OF CONTRACT NO. 3270 RECOMMENDATIONS: 1. Award Contract No. 3270 to Contractor No. 6 for the total contract price of $6,276,000, which is the Base Bid plus Alternate Bid Items No. 2 and No. 5, and authorize the Mayor and the City Clerk to execute the contract. 2. Establish an amount of $42,000 to cover the cost of unforeseen work. 3. Authorize a budget amendment appropriating $394,000 from the Bonita Canyon bond proceed improvement fund to Bonita Canyon Sports Park Account No. 7441- C4120434 and transfer $100,000 from Sewer Pump Station Master Plan Improvements Account No. 7532- C5600100 to a new Bonita Canyon Sports Park Account No. 7532- C4120434 and transfer $48,000 from Freeway Reservation Park Account No. 7021- C4120375 to a new Bonita Canyon Sports Park Account No.7021- C4120434. DISCUSSION: At 2:00 PM on April 27, 2000, the City Clerk opened and read the following bids for this project: Contractor BASE BID BASE BID PLUS ALTERNATIVES 2 & 5 6 $5,996,000 $6,276,000 2 5,911,710 6,291,710 3 6,136,000 6,374,000 9 6,210,000 6,444,000 4 6,386,000 6,671,000 8 6,540,000 6,860,000 11 6,894,000 7,259,000 10 6,998,500 7,418,500 12 7,048,000 7,385,000 7 7,200,000 7,543,385 5 7,523,000 7,994,700 TOTAL BID AMOUNT $6,697,000 6,735,810 6,782,000 6,956,000 7,472,000 7,511,000 7,570,000 7,939,500 7,982,000 7,986,925 8,695,300 0 0 Subject: Bonita Canyon Sport Park — Award of Contract No. 3270 May 9, 2000 Page: 3 FUNDING AND SCHEDULE The Irvine Company's Bonita Canyon development provided the City a Community Facilities District Bond Issue in the amount of $5.9 million for the development of the Bonita Canyon Sports Park. The bond proceeds available for the park have grown to $6,638,000 since the bonds were issued. Based on expenditures to date for the park design and planned expenditures for construction support (soils and archeological), approximately $6,170,000 is available for the construction of the park. $48,000 is available in the budget for the area formerly known as Freeway Reservation Park (the open space area south of the West Park). Council approved grant applications for Federal and State environmental enhancement funds. The State application was not approved, and the Federal grant is still pending. Portions of the Freeway Reservation Park funds were used to hydroseed the MacArthur berm slopes to provide necessary erosion control for the past winter season. The Bonita Canyon Sports Park project includes a sewer main that will also serve the Pacific Bell facility near MacArthur Boulevard at the westerly end of old Ford Road. The Pacific Bell facility is currently served by a septic tank and needs to be connected to a public sewer line. Pacific Bell has agreed to share in a portion of the costs to construct a sewer main from their building to the connection in Newport Hills Drive West. When Pacific Bell applies for a Building Permit, a connection fee amounting to half of the sewer main construction costs will be collected. Sewer funds ($100,000) will be utilized to construct that portion of the sewer main from Newport Hills Drive West to the Pacific Bell facility and also to provide sewer service to the Mid and West Park restrooms. The following is a summary of the current available funds. Account Number 7441- C4120434 Bond Improvement Fund 7532- C5600100 7021- C4120375 Account Description Amount Bonita Canyon Sports Park $5,776,000 Bond Proceeds 394,000 Bonita Canyon Sports Park Sewer 100,000 Freeway Reservation Park 48.000 Total: $6,318,000 The contract documents call for completion of the project within 275 working days from the notice -to- proceed date, not including the plant establishment and maintenance periods. Staff anticipates the park will be constructed and planted by July 4, 2001, at which time the plant establishment period of 60 days and maintenance period of 90 days will commence. Depending on the progress of the turf, use of the soccer and baseball fields could begin as early October 2001. 0 0 Subject: Bonita Canyon Sport Park — Award of Contract No. 3270 May 9, 2000 Page: 2 Attached is the bid summary for the eleven contrators who submitted a bid. A "blind" bid - opening process was conducted because alternate bid items were included in this project. Recent court decisions require "blind" bid - openings for projects with alternate bid items. The Deputy City Clerks and certain members of the Public Works staff are the only people who know the contractor's identity. The Public Works Director has only been shown the bid results as listed above. The low bidder may change, depending on which bid alternate items are approved by the City Council. References were checked on the three lowest bidders. All three contractors have satisfactorily completed park projects for other public agencies. All three are general contractors with appropriate licenses and bidders bonds. PROJECT OVERVIEW AND RECOMMENDED PROJECT COMPONENTS The base bid for the project includes the following items: (a) Three 200 -foot youth baseball fields (b) One multi - purpose baseball /soccer field (c) Mid Park - three mid -youth soccer fields (d) West Park youth soccer fields (e) East Site restroom and equipment storage facilities (e) East Site parking on the site for 240 vehicles (f) West Site parking for 115 vehicles (f) East Tot Lot (g) Pedestrian walking trails (h) Green open spaces with earth berms, concrete walks, and lights (i) Picnic areas In addition, these six alternate bid items were provided: 1. Extension of the West Park along MacArthur Boulevard landscaping to the Manning Park (approximately 2000 feet) 2. West Park Tot Lot 3. West Park tennis courts 4. West Park basketball courts 5. Mid Park restroom facility 6. Five decorative park signs The total project cost for the base bid, plus the six alternate bid items, exceeds available funding. Staff recommends constructing the base project with the addition of bid Alternate No. 2 (West Tot Lot) and bid Alternate No. 5 (Mid Park restroom facility). The remaining alternate bid items may be considered in the future if grant funding becomes available. 0 0 Subject: Bonita Canyon Sport Park — Award of Contract No. 3270 May 9, 2000 Page: 4 RECOMMENDATION When the City Council discussed the Bonita Canyon Sports Park plans several comments were made about the need to provide the Mid -Park restroom facility (Bid Alternative No. 5) as a part of the initial development. Bid Alternative No. 2, the West - Park Tot Lot, was number two on the list of additional items recommended by the Parks, Beaches and Recreation Commission. Based on the available funds, Staff recommends awarding a contract for the Base Bid plus Alternate Bid Items No. 2 ($65,000) and No. 5 ($215,000) to Contractor No. 6, who submitted the lowest bid with a combined total project cost of $6,276.000. If Council approves staffs recommendation, the City Clerk will reveal the name of Contractor No. 6 at the Council meeting. Wc pes ully s tted, WORKS DEPARTMENT Don Webb, Director 4-0 Michael J. Sinacori P.E. Utilities Engineer & Project Manager Attachment: Project Location Map Bid Summary Bid Summary - Base Bid Plus Bid Alternates No. 2 and No. 5 F:\ Users \PB\N\Shared \COUNCIL \Fy99 -00 \May -09 \Bonita Canyon C- 3270.doc �!i ( , e i �� \� �./ � { AL T a E i • 0 i YI. z Q a a w cn w Q U CA n z Q • U a W m 0 a W z L6 y0 F U H Z W f a W 0 Y 3 U J CO m IL O 0 n N 0 Lu E a o ~ N Li 2 � F U V O � O O Y v N Z W OQ Q � H U O O m m W W (7 w Z k 2 K F W w ZW w d • 0 N r N O a o ~ N 0 U ~ O o O � O Y U a w_ U N Z w O Q O U Q O Mn m o O ° OUQ °o Y o � m W N i W w Z w Z L)X2 Z W w _Z' J w a C� v m a y� t E m 2 �1 Z 0000000 O O O 0 � O O O O O O m YIQNN A O �k o Z � 0 0 0 0 0 0 0 O X 0 0 0 0 0 0 0 O 10 ti o0 0 o o m m� � n � CA O V 2 Z ry O O O O O O O Z 0 o 0 0 0 0 0 0 0 0 0 0 0 o O O 8 z O � J 0 0 0 0 RR O O O O V1 P P O P m � c ososaos w 0 0 o 0 c 0 o 0 0 0 0 0 0 0 o 0 0 0 0 0 o w P VI N N VI VI Vf VI U1 YI IN J .. Q ih V VLF Z n o O V 5 E c O J c Y g O k F H a w q llwl d 6 d 6 � 6 C � a w w w a q 3 3 3 3 f f m v v v o v v 0 N r N O a o ~ N 0 U ~ O o O � O Y U a w_ U N Z w O Q O U Q O Mn m o O ° OUQ °o Y o � m W N i W w Z w Z L)X2 Z W w _Z' J w a C� v m a y� t E m 2 �1 x U a W m F a O IL 3 w Z LL O M v F Z W f Q IL W 0 Y O 3 U J m a O O O N n N V O a o ~ N p ui 2: _ r U E O 0 `y 4 w O < w U N Z W ` o Q QN U O 9 J 0 m Fe o0 oa o � n° O1 Y M w s lL � W H � Z W Q U � � F- W W 2 O Z K U W a 0 0 N N DI N d t E E m 8 N H 2 Z U cW L ma IL uj 00 W Y Z cc 3 LL yO V F J U m 0 IL 0 0 0 N n N O O d °o ~ N O 2 f U k O o D y � W V � U 69 w N 2 Z w ` O Q O O 6 0 D m m Y Q a F C O a N Z O Z� Q U Q F Z O m W H F a o O o Q °o = O � w n Y_ Mwf H .. � W Z W Z F E W W Z O Z ¢ U W a 0 0 0 N N O O Lli a °o ~ r p - w 2 ? O 4 u o Y V < w U N Z W O G Q D N O J D m 0 I I I N Q c CD E E O Q N a a U) V) E u-) O d O a.0z ma,@ N (0 N mm° Z Ll R E B Z E 4� 5tl 2 v Q W m O a 3 W Z U. O N U F Z W f Q a W 0 Y ce O 3 J IO 7 CL 0 a 0 N r N V O a o ~ N W 2 E f U m U 0 O O � U N Z W ` O QN O J J 0 m m Y C Q 6 N f K a 2 0 U f Z m W H f a 00 o a of o H om w .Y � N w E W W Z V1 Q W W W Z 2 � w 0 a a m a E t E 9 C OW of Newport Beach 10 BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations rx Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 058 AMOUNT: ESa2,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: Appropriate $394,000 from the Bonita Canyon Bond Proceed Improvement Fund and transfer $100,000 from the Sewer Pump Station Master Plan Improvements Account and $48,000 from the Freeway Reservation Park Account to the Bonita Canyon Sports Park Account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 440 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Bonita Canyon Dev1p Fund Description Signed: Signed: Administrative Services Director Manager Amount Debit Credit $394,000.00 ' $100,000.00 $48,000.00 $394,000.00 $100,000.00 $48,000.00 3 -C-fc) Date ,:; •r ate Signed: City Council Approval: City Clerk Date Description Division Number 7441 Bonita Canyon Devlp Dept Account Number C4120434 Bonita Cyn/Bana Bit Pk Dev Division Number 7532 Sewer Pump Station Improvement Prog Account Number C5600100 Sewer Pump Station Master Plan Imprv. Division Number 7532 Sewer Pump Station Improvement Prog Account Number C4120434 Bonita Cyn/Bana Bit Pk Dev Division Number 7021 Park In -Lieu Account Number C4120375 Freeway Reservation Park Division Number 7021 Park In -Lieu Account Number C4120434 Bonita Cyn/Bana Bit Pk Dev Signed: Signed: Administrative Services Director Manager Amount Debit Credit $394,000.00 ' $100,000.00 $48,000.00 $394,000.00 $100,000.00 $48,000.00 3 -C-fc) Date ,:; •r ate Signed: City Council Approval: City Clerk Date wry of Newport Beach • NO. BA- 058 BUDGET AMENDMENT 1999 -00 AMOUNT: ssaz,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance NX Transfer Budget Appropriations No eff ectcn H FY–, HE ICI-o— ' CCULCIL SOURCE: cl�f OF N fnCpT 1_ACH X from existing budget appropriations ►�y (] from additional estimated revenues MAY 7 _ X from unappropriated fund balance EXPLANATION: APPROVED This budget amendment is requested to provide for the following: Appropriate $394,000 from the Bonita Canyon Bond Proceed Improvement Fund and transfer $100,000 from the Sewer Pump Station Master Plan Improvements Account and $48,000 from the Freeway Reservation Park Account to the Bonita Canvon Snorts Park Account. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 440 3605 Bonita Canyon Devlp Fund $394,000.00 REVENUE ESTI MA TES (360 1) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7441 Bonita Canyon Devlp Dept Account Number C4120434 Bonita Cyn /Bana Bit Pk Dev $394,000.00 Division Number 7532 Sewer Pump Station Improvement Frog Account Number C5600100 Sewer Pump Station Master Plan Imprv. $100,000.00 Division Number 7532 Sewer Pump Station Improvement Frog Account Number C4120434 Bonita Cyn/Bana Bit Pk Dev $100,000.00 Division Number 7021 Park In -Lieu Account Number C4120375 Freeway Reservation Park $48,000.00 Division Number 7021 Park In -Lieu Account Number C4120434 Bonita Cyn/Bana Bit Pk Dev $48,000.00 ' Autom ft System Entry. Signed: ,5--- 3 —ems Financ al proval: Administrative Services Director Date Signed: Administrative Approval: ity Manager ate /�p 7 Signed:��(41E City Council Approval: City Clerk Date BONITA CANYON SPORTS PARK BIDDERS NO. NAME OF CONTRACTOR 1 * * * * * ** *NOT USED * * * * * * ** 2 Metro Builders & Engineers 3 Terra -Cal Construction 4 Baltimore Construction 5 A.R. Willin er Co. 6 Castello, Inc. 7 Valley Crest Construction 8 Woodcliff Corporation 9 G.B. Cooke 10 Masters Contracting Corp. 11 DJM Construction 12 Kenai Construction F Z 2 vW f mQ LU �a 00 3Y W w Z O L3 O V J U m 7 CL 0 0 a N r N v 0 E o ~ N0 W U O y o 0 � O Y U N Z W OQ Q � w U o O 0 m m rc a a f K 0 a N Z O Z> Q U a f Z O m W H .. 2w W Z to a W W Z z m w a 0 0 0 a 0 N N a a LLj o ~ N 0 W S � _ H U O y o D � o Y U N Z W � Q Q N Q J 0 m Y Q a N H C O a Z O Z U H 2 m W a e O o a S ? ow w °n Y_ � N lL a w � W U zwZ qH W W W Z O z ¢ U W a v m a E t E m Q W fG O a 3 W Z LL yO F M U F Z W i a IL W c Y ad O 3 U J m a O O O N r N V O a w N 0 W 2 F U 0 O � o O N Y O a w V � ? Z W OQ Q O y O O m R a O o Q o W o w m y r f IL r .. a¢ Ew Z w < r p 2 W W F ? O Z K Owm N d OI N 6 E E t N 0 Y, b o` 3 a 9 L" CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 June 26, 2000 DJM /Reza Construciton Co. 16613 Valley View Cerritos, CA 90703 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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 (949) 644 -3005 June 26, 2000 Masters Contracting Corp. 544 Riverdale Drive Glendale, CA 91204 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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 s • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 June 26, 2000 Terra -Cal Construction, Inc. 14530 Joanbridge Street Baldwin Park, CA 91706 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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 (949) 644 -3005 June 26, 2000 Woodcliff Corporation 13701 Riverside Dr., Suite 612 Sherman Oaks, CA 91423 -2467 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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 (949) 644 -3005 June 26, 2000 Baltimore Construction, Inc. 11866 Wilshire Boulevard, No. 204 Los Angeles, CA 90025 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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 (949) 644 -3005 June 26, 2000 G.B. Cooke, Inc. 580 East Foothill Boulevard Azusa, CA 91702 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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 (949) 644 -3005 June 26, 2000 A.R. Willinger Co., Inc. 240 Newport Center Drive, Suite 220 Newport Beach, CA 92660 -7514 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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 (949) 644 -3005 June 26, 2000 Valley Crest 12087 -10 N. Lopez Canyon Road San Fernando, CA 91342 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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, 'J 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 (949) 644 -3005 June 26, 2000 Kenai Construction Co, Inc. 7578 Trade Street San Diego, CA 92121 -2412 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 June 26, 2000 Metro Builders & Engineers Group Ltd. 2610 Avon Street, Suite A Newport Beach, CA 92663 Gentlemen: Thank you for your courtesy in submitting a bid for the Bonita Canyon Sports Park Project (Contract No. 3270) 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