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HomeMy WebLinkAboutC-1369(E) - Balboa Boulevard Improvements West Coast Highway to 44th StreetOCT 15 1974 TO: CITY COUNCIL FROM: Public Works Department October 15, 1974 CITY COUNCIL AGENDA ITEM NO. H -9 C. - 1 30) SUBJECT: ACCEPTANCE OF BALBOA BOULEVARD IMPROVEMENTS, WEST COAST HIGHWAY TO 44TH STREE RECOMMENDATIONS: 1. Accept the Work 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. 4. Assess liquidated damages in the amount of $2,100.00. DISCUSSION: The contract for the improvement of Balboa Boulevard from West Coast Highway to 44th Street has been completed to the satisfaction of the Public Works Department. The bid price was: $261,611.00 Amount of unit price items constructed 257,758.67 Amount of change orders 9,172.99 Total contract cost 266,931.66 Nine change orders were issued. The major items covered were installation of a special signal pole (required by the State Division of Highways), temporary wiring required to keep the Coast Highway signal in operation, removal of unsuitable muddy material under the street, and re- placement of the detectors and cable on Coast Highway. The cost of the signal work at the Coast Highway intersection was shared 50% by the State, 25% Orange County and 25% City. The cost of the remainder of the project was shared approximately 50 -50 by the County and City. The total contract costs per agency were: State $ 24,422.59 County 109,377.70 City 133,131.37 The above costs do not take into account the $2,100 reduction should the liquidated damages be assessed and are only for the construction contract. An accounting of the total project including right of way acquisition and engineering will be provided at a later date. Santa Ana. The design engineering was performed by Williamson and Schmid of October 15, 1974 Subject: Acceptance 0 Balboa Boulevard to 44th Street (C -1369) Page 2 Improvementsfest Coast Highway The contractor is Donn 0. Michaels of Newport Beach, California. The required contract date of completion was August 1, 1974. The signal at Coast Highway was not turned on until August 8, nor the signal at River Avenue until August 22, 1974. During the course of the contract the general contractor, Donn 0. Michaels, his traffic signal subcontractor, Baxter - Griffin, and their supplieh, Automatic Signal, were repeatedly reminded of the need for the signals to be completed on time. All of the street work was completed well in advance of the contract date, the only delay being in delivery of the signal control equipment. The Standard Specifications provide for extensions of time for delays caused by unsuitable weather, war, flood, strikes, etc., however none of the reasons listed apply in this case. Automatic Signal has stated that they were unable to obtain a reasonably standard connector from their vendor. Apparently no effort was made to obtain this item from another source. They have also stated that their engineers were delayed waiting for information from the City. The records indicate that the information was not requested until 40 days after the contract was awarded. The City replied verbally within 7 days and sent written confirmation 14 days later. The recommended assessment of liquidated damages in the amount of $2,100.00 is based on the 21 day delay from August 1 to August 22, 1974 at the rate of $100 per day provided for in the Standard Specifications. Joseph T. VI in Public Wor s Director ./GPD:hh �1 0 61 RESOLUTION NO. l RESOLUTION OF THE CITY COUNCIL OF THE CITY 0^ N01PORT BEACH AUTHORIZING THE EXECUTION oy A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEL'IPORT BEACH AND THE STATE OF :,ALIFORNIA DIVISION OF HIG01AYS FOR TRAFFIC SIGNAL MODIFICATION AT INTERSECTION OF BALBOA BOULEVARD AND COAST HIGF,1AY, CONTRACT NO. C -1369 WfIEREAS, there has been presented to the City Council C9ty of Newport Beach a certain cooperative financing between the City of Newport Beach and the State of Division of Highways for traffic signal modifi_ca- i. intersection of Balboa Boulevard and Coast Highway; ;,HEREAS, the City Council has considered the terms _.......:ions of said agreement and found them to be fair _0-W, THEREFORE, BE IT RESOLVED that said cooperative agreement above described is approved, and the Mayor Clerk are hereby authorized and directed to execute inn behalf of the City of Newport Beach. ADOPTED this 24th day of CERT;FIED AS TF:E O' lAL 1 -. �Tt CILRK OF THE CITY OF tie PORT GiACH .,� GOT October , 1972. ,., %/ 1LM DON din 10/.17/72 bih� ''' Yi L.- i 0 d CITY OF NEWPORT BEACH CALIFORNIA M - • Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 City Hall 3300 W. Newport Blvd Area Code 714 673 -2110 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of Balboa Boulevard Improvements from West Coast Mghway to 44th Street Contract No. 1369 on which Donn O. Michaels was the Contractor and Summit Insurance Co. of New York Please record and return to us. LL: Encl. was the surety. Very truly yours, Laura Lagios City Clerk City of Newport Beach 0 TO: Public Works Department FROM: City Clerk d Date March 15, 1974 SUBJECT: Contract No. 1369 Project Balboa Blvd. Widening -,-;wt Coast Higlerey to 44th Street Attached is signed copy of subject contract for transmittal to the contractor. Contractor: n,,,,,, n_ ' JAI Y.LR Address: P. 0. '.�,= 1871, 'wort Beach, CA Amount: $ 2619611.00 Effective Date: Marich 14, 1974 Resolution No. _8201 Laura Lagios LL:dg Att. cc: Finance Department [� March 14, 1974 TO: CITY CLERK FROM: Public Works Department SUBJECT: BALBOA BOULEVARD IMPROVEMENTS WEST COAST HIGHWAY TO 44TH STREET CONTRACT NO. 1369 - AHFP PROJECT NO. 637 Attached are three copies of the subject contract documents. Please have executed on behalf of the City, retain your copy and the insur- ance certificates, and return the remaining copies to our department. Don Webb Project Manager DLW:h Attachments 0 Dom 0. Michaels P. 0. Box 1891 Newport Beach, CA 92660 of Subject: 7urety : Summit Insurance Company of New York Bonds No. : 512161 Project: : Balboa Boulevard Ireprovements Coast Highway to 44th Stmt ontract No.: 1369 The City Council on October 15, 1974 accepted the work of subject project and authorized the City Cleric to file a Notice of Comple- tion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on October 18, 1974, in Book 11267, Page 1252. Please notify your surety company that bonds may be released 35 days after moor-ding., date. L-ure I.agios, 'MC city Clerk LL:swk cc: Public Works Department RECORDING REQUESTED BY AND MAIL TO Laura Iagios, City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 1 6268 r7311 NOTICE OF COMPLETION PUBLIC WORKS BK 11267PS 1252 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. OCT 18 1974 J. WYLIE CARLYLE, County Recorder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on August 22. 1974 the Public Works project consisting of Balboa Boulevard Improvements from West Coast Highway to 44th Street. C -1369 on which Donn O. Michaels was the contractor, and Summit Insurance Company ot New York was the surety, was completed. VERIFICAT I, the undersigned, say: CITY OF NEWPORT BEACH Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 16, 1974 at Newport Beach, California. I, the undersigned, I am the City Clerk of the City of Newport Beach; the City Council of said City on October 15, 1974 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 16, 1974 at Newport Beach, California. i;_ LEGRAND rNSURANCE COUNSELORS 1505 EAST 17TH STREET, SUITE 102 SANTA ANA, CALIFORNIA 92701 (714) 547 -7666 Hate: March S, 1974 To: Public Works Department City of Newport Beach 3300 Newport Boulevard, Newport Beach, California 92660 y.RECEIVED''` {' Alit WGA.k3' t CF BEACH Attention: Don Webb, Project Manager Re: DONN O. MICHAELS - Certificates of Insurance Contract No. 1369 Gentlemen: ( ) Original policy enclosed ( ) Memorandum policy enclosed ( ) The original of this policy has been sent to the Mortgahee I ) Enclosed endorsement forms a part of your policy and should be attached to yonr copy without fail ( ) Invoice enclosed ( ) Authorization letter enclosed ( ) Anniversary billing, please check valves and advise if any change required. We are enclosing completed Certificate of Insurance forms as provided by your office for our captioned insured which evidence Comprehensive Liability and Umbrella Excess Liability insurance coverages as respects the above captioned contract job. These will replace those issued and forwarded to you on March 6, 1974. We regret any inconvenience the earlier issue caused you, ho�v ever, the respective insurance company certificate forms has, been accept - Very truly yours, able by you in the past. Should you LEGRAND INSURANCE COUNSELORS /J require anything further, please let It C/, �v(/ /� us know. By: G. Nordwall { :mr enclosures (2) cc: Donn O. Michaels 0 CITY OF NEWPORT BEACH 0 CERTIFICATE OF INSURANCE FOR CONTRACT WORK FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT N0. 1369 Project Description: BALBOA BOULEVARD IMPROVEMENTS - WEST COAST HIGHWAY TO 44TH STREET This is to certify that the HARBOR INSURANCE COMPANY (Name of nsurance Company) has issued to . DONN O. MICHAELS ame of nsure P O. Box 1871 Newport Beach, California ress of nsure the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, Ca. 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. Coverage Policy No. POlit9 . Term ...._.....Limits of iabil it Each ccurance (Minimum: ggr%ate (Minimum: $500,000) 500,000 Protectiv $1,000,000 Products 500,000 Contractu COMPREHENSIVE LIAB. From: 5/18/72 500,000. Protective Combined Single Limit Bodily Injury or Property Damage 110779 To: 5/18/74 $ 500.000.00 500.000_ Products sn �1. Ono Contractui Each occurence This policy includes at least the following coverages: it ) ,1 See Certificate Attached or Excess Urn rella Coverage a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: LEGRAND INSURANCE COUNSELORS Address of Agency or Broker: 1505 E. 17th St. , Suite #102. Santa Ana, Calif. 92701 Countersigned by: kAUthorizeo insurance Company Kepresentative) H. G. Nordwall Effective date of this endorsement: Feb. 27. , 19 74 , Endorsement No. 26 0 0 sLil—i.'13 PUN2,01 0 CITY OF NEWPORT BEACH • CERTIFICATE OF INSURANCE FOR CONTRACT WORK FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO.1369 Project Description: gALgOA gnillFVARO IMPROVEMENTS - WEST COAST HIGHWAY TO 44TH STREET This is to certify that the CON TIN ame o nsurance ompany NY has issued to ame of nsure P. O. Box 1571, Newport Beach, California (Address of Insure the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, Ca. 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. Coverage Policy No. -7aCh uccurance Aggregate (Minimum: (Minimum: $500,000) $ 500,000 Protective $1,000,000 Products 500,000 Contractual) COMPREHENSIVE LIAB. From: Protective Combined Single $ Products Limit Bodily Injury To: Each occurence Contractual or Property Damage UMBRELLA Excess RDU 999- 4/01/73 1 000 000 00 'n x o Limit. This policy includes at least the following coverages: a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable), Name of Agency or Broker: LEGRAND INSURANCE COUNSELORS Address of Agency or Broker: 1505 Countersigned by: kAUtnorizeo insurance Company Kepresentative) H. G. Nordwall Effective date of this endorsement: Feb. 27, , 19 74 , Endorsement No.. fn 2 ,x J i �1 W Zq 1 { y A p � Z VI M oo 9 ill C n i t NIRIAII�II �pl�tl9�lltl ■INpIN�919Nq �A�flR�d IIAIII�IAI IIIIINNINI �1 W Zq 1 { y A p � Z VI M oo 9 ill C n i t tn Pl. n--4 Z O 1 U! .Z 9 n, U7 C 3 a x -t Hill������I��I wmnpn��eiAei '�eiudmmnn ��IINII�� Pl. n--4 Z O 1 U! .Z 9 n, U7 C 3 a x -t SF44MIT INSURAW COMPANY OF NEW '*RK 15112 6 POWER OF ATTORNEY °' KNOW ALL MEN BY THESE PRESENTS, That the SUMMIT INSURANCE COMPANY OF NEW YORK, a corporation of tha Stateof New York, having.its principal offices in the City of Houston, Texas, does make, co°N1 'a and appoint: CaY'1 Ma nne�T ,R Cj-,�+;, Rid 11amann j its true and lawful Attorney is) -in -fact, to make, enicute, Yak1w@ "deriver for and on its behalf, as surety, sM ils Ita wit dal oily fgA.all bonds, undertakings and contracts to suretyship, in behalf of: nQNN 0. M I CHAELS as Principal and City of NeWOort Beach � $500.0 . as Obligee provided that no bond or under- taking or contract of suretyship executed under this authority shall exceedsM amount ' St to exceed 0.00*** This Power of Attorney is granted and is signed and sealed by facsimile undr the following Resolution adopted by the Board of Directors of SUMMIT INSURANCE COMPANY OF NEW YORK at a meeting duly called and held on The y of August, 1972:. "RESOLVED, all bonds of the corporation shall be executed in the corporat.44;e of the company by the Presldem or "Vice president, or by such other officers as the Board of Directors may authorize. The president or any vice president, secretary or any assistant secretary may appoint attorneys -in -fact or agents who shall have authority to issue bonds in the name of the company. The corporate seal is not necasnary for ths.validky of any bonds of the corporation." IN WITNESS WHEREOF, the SUMMIT INSURANCE COMPANY OF NEW YORK has caused these presents to be signed by its officer undersigned and its cor- porate seal to be hereto affixed duly attested by its secretary this 12th day of September, 1972. SUMMIT INSURANCE COMPANY OF NEW YORK I11 i '..w Attest: \. (.fhcYa.�}'1 / o42) "%IA By�jz (i Secretary Pr Ident STATE OF TEXAS 1 -+ l u: COUNTY OF HARRIS) On the 12th day of September, 1972, before me pVSa/il9y came Kenneth F. Cooke, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Harris, State of Texas; that he is the President of SUMMIT INSURANCE COMR,ANY OF NEW YORK, the corporation described and which executed the above instrument; that he knows the seal of. sild corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that heergned his name thereto by like order. a '� -ry" iN�h �a141.11N(L \l �i.'r,yt4 M {l Notary Public 0Note ry BARA antl ANTE NEs BRDy Texas STATE OF TEXAS 1 My Commission Expires June 1, 1673 i a., CERTIFICATE COUNTY OF HARRIS) � '- I,the undersigned, duly elected to the office stated below. now the incumbent in SUMMIT INSURANCE COMPANY OF NEW YORK, a New York Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked;,and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now In force.. Signed and sealed at the City of Houston, Texas. Dated �} 1 caacYa�l I � retil n3 A&00,17 1 77 • ,"_z�.. -x�ca x- .nta=..._v� �.. .. Aa _. Page 12 CONTRACT THIS AGREEMENT, made and entered into this /41n/ day of �jgACc -/ . 19_?Y_, by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and Donn 0. Michaels hereinafter designated as the Contractor, party of the second part. WITNESSETH- That the parties hereto do mutually agree as follows- 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for the construction of Balboa Boulevard Improvements West Coast Highway to 44th Street - Contract No. 1369 AHFP Project No. 637 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (Except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. ATTCCT� Approved as to form: 4 ey OF NEWPORT BEACH, CALIFORNIA Contractor (SEAL) By; i By- !N] ei62 Ti e Title 4' TO BE USED FOR CONTRACT NO. 1369 SUBMITTING BIOS TO CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR ,. BALBOA BOULEVARD IMPROVEMENTS WEST COAST HIGHWAY TO 44TH STREET Approved by the City Council this 14th day of January, 1974. Laura Lagios, City Clerk AHFP PROJECT NO. 637 SUBMITTED BY: Contractor Address Ci ty Zip Telephone .4le- /I.0tv, Total Bid Price PR 1 of 8 BALBOA BOULEVARD IMPROVEMENTS WEST COAST HIGHWAY TO 44TII STREET CONTRACT NO. 1369 AHFP PROJECT NO. 637 PROPOSAI, To the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has exam- ined the Hans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 1369 in accordance with the Plans and Specifications, and will take in Lull payment therefor the following unit prices for each item complete in place, to wit: ITEM QUANTITY — ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE. WRITTEN IN WORDS PRICE PRICE 1 2630 tons Construct A. C. pave- ment including prime coat @ _Dollars and roc - -Cents $ $ ' Per Ton 2. 1500 toils Construct aggregate base @ Dollars —� -and /11L�/TS� Cents $_l_/ Per Ton — REVISED 2 -1 -1974 71155 3. Lump Sum Clearing and Grubbing . Dollars AXL�7eS and — Cents $3�isD°'s�6dG� Lump Sum 4. 1.60 S.F. Construct 4" P.C.C. pavement @ Dollars and Cents $�� $ /GU oo ✓ Per Square Foot 5. 2066 L.F. Construct Type "A" Curb and Cutter per CNB Drawing 105 -L @ Dollars i�TS/�yTS Cents $ Per Lineal Foot 6. 64 L.F. Construct Type "B" Curb per CNB Drawing 105 -L @ T,felLAeS Dollars -- -and � `1210 _ Cents $ 3 — $ Per Lineal Foot 7. 1355 L.F. Construct Type "D" Curb per CNB Drawing 106 -L L T�F/b Dollars and �x'�yG- 2/Jl /�_yyG �la/TS Cents Per Lineal Foot 0 71155 9366 LrF. Construct 4" P.C.C. side- walk including 4'x 3' treewells per CNB Drawing @_ Dollars and 75 sG Cents $ $ Per Square Foot REVISED 2 -1 -1974 PR 2 of 8 ITEM QUANTITY NO. AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN UNIT WORDS PRICE TOTAL PRICE 3. Lump Sum Clearing and Grubbing . Dollars AXL�7eS and — Cents $3�isD°'s�6dG� Lump Sum 4. 1.60 S.F. Construct 4" P.C.C. pavement @ Dollars and Cents $�� $ /GU oo ✓ Per Square Foot 5. 2066 L.F. Construct Type "A" Curb and Cutter per CNB Drawing 105 -L @ Dollars i�TS/�yTS Cents $ Per Lineal Foot 6. 64 L.F. Construct Type "B" Curb per CNB Drawing 105 -L @ T,felLAeS Dollars -- -and � `1210 _ Cents $ 3 — $ Per Lineal Foot 7. 1355 L.F. Construct Type "D" Curb per CNB Drawing 106 -L L T�F/b Dollars and �x'�yG- 2/Jl /�_yyG �la/TS Cents Per Lineal Foot 0 71155 9366 LrF. Construct 4" P.C.C. side- walk including 4'x 3' treewells per CNB Drawing @_ Dollars and 75 sG Cents $ $ Per Square Foot REVISED 2 -1 -1974 ITE NO. 9. 10 11 12. 13. 14 71155 PR 3 of s AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 931 S.F. Construct 6" P.C.C. driveway commercial Type I per CNB Drawing 111 -L @ LtnLGA,e Dollars and _ Cents S / $ t�3/ ° —° Per Square Foot 1060 S.F. Construct 6" P.C.C. driveway Commercial Type II per CNB Drawing 112 -L @ dl/G'1JOLLAL _Dollars and _Cents $ /� $ Per Square Foot 308 S.F. Construct 6" P.C.C. driveway Residential Type I per CNB 113 -L @ Z } Z_'IXYW loe __Dollars and _Cents Per Square Foot 216 S.F. Construct 8" P.C.C. cross gutter per CNB Drawing 109 -L @ ;/40 GLYL✓W5; Dollars and _ Cents $ $ 432 oU Per Square Foot 478 S.F. Construct 6" P.C.C. alley approach per CNB Drawing 117 -L @ O;iG � Dollars -- - - - - - -- -and _ _ _Cents $ % $ �7� Per Square Foot 2259 S.F. Construct 4" "cobblestone" concrete median paving @ GUG-- 'OG2tGAL Dollars - - -- - -- -and ��ryUt�/Fii/c�ecz�r5 Cents $ / _$ 31J�_3s Per Square Foot C■ PR 4 of 8 NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15 16 17. WJ 19. 20. 71155 288 L.F. Construct A.C. berm (8" C.F.) @_ Dollars and /.CTyG�.7/T� _Cents Per Lineal Foot 32 S.F. Construct asphalt chinker strip %/✓lam //a1G.9�S Dollars _and _Cents Per Square Loot 1000 S.F. Remove existing concrete pavement @ __Dollars and f /FT GG�/T� S Cents $ - e-- -- -- - - - -- Per quare Foot - - -- 8 each Construct curb inlet per CNB Drawing 306 -L @ O•C/G -'Tf l/54u0 L�YLgG�Do11ars and _ Cents $ /'J Each 8 each Construct junction structure No. 1 per CNB Drawing 310 -L —Dollars F /Fly 4x�/rseS and _ __Cents $9�0 Each 1 each Construct junction structure No. 2 per CNB Drawing 311 -L @O.YG- ll�GS9- (/O,GYYIA•e5 Do 11 a r s and Cents 21. 3 each Construct concrete pipe collar per CNB Drawing 313 -L @iLI/G//liU071�rliP�S Dollars and _ Cents $ zgt:: 6 Each -- - � -- 22• 859 L.F. Construct 18" A.C.P. (Class III) @ E2/� o� Le 424f4H,aS Dollars and _ _ Cents Per Lineal Foot 23. 82 L.F. Construct 24" A.C.P. (Class III) Dollars and _Cents Per Lineal Foot 24• 76 L.F. Construct 30" A.C.P. (Class III) @/f /�1�ZS __Dollars and m _ _Cents $ Per Lineal Foot 25. 457 L.F. Construct 36" A.C.P. (Class III) Dollars and _ _Cents $�'° -� Per Lineal Foot 26. 48 L.F. Construct concrete encasement per detail on Sheet No. 6 @T,lr/!, -,V/ IZ2 Dollars and Cents Per Lineal Foot 27. 8 each Remove existing catch basin @ JWp�sj yp�� xr cam Dollars gS and _Cents Each 71155 PR 5 of 8 ITEM QUANTITY ITEM DESCRIPTION V UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. 3 each Construct concrete pipe collar per CNB Drawing 313 -L @iLI/G//liU071�rliP�S Dollars and _ Cents $ zgt:: 6 Each -- - � -- 22• 859 L.F. Construct 18" A.C.P. (Class III) @ E2/� o� Le 424f4H,aS Dollars and _ _ Cents Per Lineal Foot 23. 82 L.F. Construct 24" A.C.P. (Class III) Dollars and _Cents Per Lineal Foot 24• 76 L.F. Construct 30" A.C.P. (Class III) @/f /�1�ZS __Dollars and m _ _Cents $ Per Lineal Foot 25. 457 L.F. Construct 36" A.C.P. (Class III) Dollars and _ _Cents $�'° -� Per Lineal Foot 26. 48 L.F. Construct concrete encasement per detail on Sheet No. 6 @T,lr/!, -,V/ IZ2 Dollars and Cents Per Lineal Foot 27. 8 each Remove existing catch basin @ JWp�sj yp�� xr cam Dollars gS and _Cents Each 71155 IT NO 28 29. 30. 31 32 33 71155 AND UNIT 4 each each `J ITEM otbURIP1'1UN UNIT PRICE WRITTEN IN WORDS Remove existing junction structure @ Do 11 a r s and Cents Each Remove and relocate existiiny trees PRICE PRICE $ LSD `-D $ °° @ 6UG-- yG,f%/>j?N7J //Cltl. 1 a r s and _ _Cents Each _ - - -- Lump Sum Remove existing 4 foot high concrete block wall. Remove and replace existing concrete slab and protect existing column in place. (Northwest corner of Balboa Blvd. and Channel Place.) /y� D 011 a r s and _ Cents $�_ZYJ`r' Lump Sum Lump Sum Relocate existing "car wash" sign, "Stop & Go Market" sign and light standard, including all connections @ o11ars and Cents Lump Sum 15 L.F. Relocate existing 21" RCP @ Dollars and Cents $ $ �LoJ Per Lineal Foot 1 each Adjust water meter to grade @ Qf/G- fiL.U_OO�?,CY1lfe_DoIIars and Cents $/Ol/"—° .+ s PR 7 of 8 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE _ PR.ICE 34. 1 each Construct 1" water service per CNB Drawing STD 502 -L @T /.!/lS,ylil/OP�?JG /G13� Dollars UdLGA/� and Cents Each 35. 12 each Adjust water valve boxes to grade per CNE STD No. 511 -L @ _Dollars and Cents $�r�� Each 36. 2 each Remove water service to main shut off cock and crimp pipe @ Dollars and Cents $ � Each —� — -- -- 37. 4 each Relocate water lines to clear storm drain construction Zt/�e -5 0142 A 5Dollars and Cents $ /J�$_ -° Each 38. 10 each Adjust manholes to grade @ yll 7 YI AOS Dollars and Cents lip $ 39. 1 each Remodel sewer pump station per detail on Sheet No. 2 @l:IVG-- A�11 �o11ars and ° Cents $492-D - $ Each 40. Limp Sum Guarding underground construction @iZ2 /.�TTIi! /1y�5',gr/U Dollars `iYG"/i`G�!/1J.QG -7J C�YG9.�Sand Cents Lump Sum 71155 6 0.0 0 T y 341 50,00 + ?1 16o,00+ 7 3 01,0 0 +" 1 9 2,0 0 +' 3726,25+ 702li,5C +r 931,OC +1: 1060,00 +; 308,OO +L It32,00+ 47 0,00+ 3953.25 +1 432,00+ 64,00+ 0 C., 0 0 +li 8 o0C,00 +it 6000,00 +L 1 000,00 +R 600,00+ 20616.0 21 32,00 +R 2 200,OO +II 17366,00 +r: 1200,00 +11 2000,00+: 1 000,00+ 2100,00 +y 500,00 +H 2000,00 +11 300,00+ 100,00 +u 250,00 +r 720,00 +;: 1 60,00 +p, 4 0 0 0,0 0+ s 900,00 +'u 1000,00 +': 4500,00+ 45000,00 +Z 29000'.00+11 4750,00 +5 261 611,OOT-7 11 E 0 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 41. Lump Sum Construct traffic signals at the intersection of Balboa Blvd. and Coast Highway @ o I I a r s and Cents Lump Sum 42. Lump Sum Construct traffic signals at the intersection of Balboa Blvd. and River Avenue @TlriU//' /.i/ /yE'59�a Dollars and Cents $ '40�$GYD`� Lump Sum 43 5 each Construct Type 1 -D street light standard with high pressure sodium vapor luminaire 11 a r s and Cents TOTAL PRICE WRITTEN IN WORDS: TOTAL: Sie'�/uuoP�vv�/seS Dollars and Cents $ °—' CONTRACTOR'S LICENSE N0.h�0/ der 's Nan DATE - 0AeW1,Q1149 (Authorized Signature) BIDDER'S ADDRESS /'/J �aY /{�/ ,1/llciaGJY�7/6G/L, °i3tiF. 9�GG3 TELEPHONE NUMBER NOTE: Designate the supplier for the traffic signal controllers for Bid Items 41 and 42 in the space below: Lll/ldl.�/iTJC 9.�,U.CYJ" Name of Controller Supplier 0 AD 1 of 2 February 1, 1974 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD IMPROVEMENTS WEST COAST HIGHWAY TO 44TH STREET CONTRACT NO. 1369 AHFP PROJECT NO. 637 ADDENDUM NO. 1 I. CHANGES TO PROPOSAL: A. Remove Sheet No. PR 1 of 4 and insert Revised Sheet No. PR 1 of 4. The revised sheet changes the quantities of Bid Items 1 and 2. B. Remove Sheet No. PR 2 of 8 and insert Revised Sheet No. PR 2 of 8. The revision deletes Bid Item 3 for "Construct variable thickness A.C. pavement" and adds Bid Item 3 for "Clearing and Grubbing ". C. On Sheet No. PR 6 of 8 change the quantity of Bid Item No. 29 from 16 ea. to 14 ea. II. CHANGES TO THE SPECIAL PROVISIONS A. Add the following sentence to Section X: "FLOW AND ACCEPTANCE OF WATER" on Page 4. The cost of implementing this section shall be included in the various items of work and no separate payment shall be made for this item. B. Change the first sentence in the paragraph numbered 2 of Section XI -D "TEMPORARY ASPHALT CONCRETE RESURFACING " - to read 2. Payment for furnishing, placing, maintaining, and removing temporary concrete resurfacing shall be included in the unit prices paid for the items of work requiring temporary resurfacing. C. Add to Section XI "CONSTRUCTION DETAILS" the following subsection: R. CLEARING AND GRUBBING Clearing and grubbing shall conform to the provisions of Section 300 -1 of the Standard Specifications and these special provisions. The plans show areas where variable thickness asphaltic concrete pavement is to be constructed over existing pavement. No pavement removal will be required in these areas. Existing concrete islands and curbs in these areas shall be removed. CHANGES TO THE SPECIAL PROVISIONS - Continued R. CLEARING AND GRUBBING - Continued 0 AD2of2 In the area shown to remove existing pavement over concrete pavement, the AC and AB shall be removed down to the concrete pavement. Concrete pavement removal is covered under Section XI -A and shall be paid for under a separate item. The lump sum bid item for Clearing and Grubbing shall cover all items of clearing and grubbing not separately covered by a bid item. III. CHANGES TO PLANS: Add Revised Sheets 2, 3, 4 and 5 to Plan No. R- 5216 -5. These sheets reflect changes in pavement sections and areas of pavement removal and should clarify the construction of the street section. SHOW DATE OF RECEIPT OF THIS ADDENDUM ON THE PROPOSAL OR INSERT A COPY WITH YOUR PROPOSAL (00e, 0� Don Webb Project Manager Date Received ut orized Signature Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:30 A.M. on the 12 day of February 19 74, at which time they will be opened and read, for performing work as follows: BALBOA BOULEVARD WIDENING - COAST HIGHWAY TO 44TH STREET CONTRACT NO. 1369 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required an t e Cor orate Seal shall be affixed to all documents requiring signatures. In the case of a artnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of.plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) 0 0 Page la The City has adopted the Standard Specifications for Public Works Construction (1973 Edition) as prepared by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -10 -73 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for-any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. Ga 9�/ Classification ,4 Accompanying this proposal is f� /�✓0� 7Z So Cash, Certified Check, Cashier's Check or in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3100 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract.i Phone Number :Bi der s Na e (SEAL) Date ' Authorized Signature Authorized Signature �.(//J/Y /OIJiAG Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: - Page 3 DESIGNATION OF SUB - CONTRACTORS The undersigned certifies that he has used the sub -bids of the .following listed contractors in making up his bid and that the sub - contractors listed will be used for the work for which they bid. subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub - contractors except upon the prior approval of the Engineer. Item of Work Sub - contractor Address 1. 9- -, 1.4 &1, Dq1/ /S 401 a UGI�' 3. 7. 8. 9. 10. 11. 12.. L�1I/,//G. I, Bidder's Name LUG Authorized Signature Type of rganizat on (Individual, Co- partnership or Corp) ress 0 0 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, 06&x4 .� and MARYLAND CASUALTY COMPAFY Page 4 as Principal, , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of,.�,M Dollars ($ /D O ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of in the City of Newport Beach, is accepted by the City Council. of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. 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, we hereunto set our hands and seals this /a day of 19Z. Corporate Seal (If Corporation) L6 P incipa i oNn/ U. (Attach acknowledgement of Attorney -in -Fact) NfARYLAND CASUALTY CowAlW Surety By Title A. A. CHRISTIAN ATTORNEY -IN -FACT )\ \ \ \� \ � ƒ` \2 o \\ ow \\ \\ � \ \ `0 /(} \j / \3 j \CL- 0- 2,0 0 \\ !/5 \/§ 2> : \» ! n. , o ;> \�\ \ : ? �2 \ \ / 2 ƒ $ j \ \ % p / § �/ , • 0 Page 5 NON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrange- ment or agreement with'any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material - man which is not processed through said bid depository, or which prevent any 'subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no induce- ment or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any: person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomesoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts soug by this bid. )AA LaA 1 Subscribed and sworn to before me by this day of My commission expires: Notary Pwl 1 c _'— OFFICIAL SEAL = JUDITH K. CALEY NO' -�YP 31_:C- CALIFORNIA S: V R,P 'fPAL PAL OFFICE IN ny N';E COUNTY My COMPMSsiOn [:xpires ept. 5. 1976 =' Gnumrnninnmiii mi�m.,., n.,,��.�......_.._....,�i�iin mim..... i Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The.undersigned submits herewith a statement of his financial responsibility. ,�<1-S .B�z/ 51/�/i1722� Ge�iy7f .�.rsU.TZ �i.0 S igne Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. O>' :5r g�1� gne Coractor's License No 260701 Page 8 LABOR AND MATERIAL BOND Bond No. 512161 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted has awarded to February 25, 1974 Donn 0. Michaels hereinafter designated as the "Principal ", a contract for Balboa Boulevard Improvements West Coast Highway to 44th Street - Contract No. 1369 - AHFP Project No. 637 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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 DONN 0 MICHAELS as Principal, hereinafter designated as the Contractor and SUMMIT INSURANCE COMPANY OF NEW YORK as Surety, are held firmly bound Unto the City of Newport Beach, in the sum of --- - - - - -- ONE HUNDRED THIRTY THOUSAND EIGHT HUNDRED FIVE & NO/ 100 -------------------------------- -@1ffXXVXNKKHXXXyVKXK®XXNxXXX ------- --- ------- - --- - -- Dollars ($ 130,805.50 ) said sum being one -half 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee.; to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. Page 9 (Labor and Material Bond - Continued) This bond shall inure to the benefit of any and all persons, companies, and corporation entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California, And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contractor or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12th day of March , 19 74 ONN 0 MICHAELS (Seal) L(Seal) (Seal) ontractor SUMMIT INSURANCE COMPANY OF NEW YORK (Seal) Approved as to form: City ttorney This bond was approved by the City Council of the City of Newport Beach by motion on ae Attest: City Clerk By 4 —(Seal), Carl Bann, Atto ney -in -Fact) (Seal) SUMMIT INSURANCE COMPANY OF NEW YORX c/o C. P. Mann & Co., Inc. 3960 Wilshire Blvd., Suite 400 Los Angeles, California 90010 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss. ON March 12, 19 74 before me, the undersigned, a Notary Public in and for said State, personally appeared Carl Mann, known to me to be the person whose name is subscribed to the within Instrument, and acknowledged to me that he executed the same, as Attorney -in -Fact for SUMMIT INSURANCE COMPANY OF NEW YORK. WITNESS my hand and official seal. Q. MARY RUT:! RANCE a1 j NOTCF'I PU6l ICCnLIP'�4r�!A LOS\h Ea CU UiJiY Notary Public in gad for said State. SUMMIT INSURANS COMPANY OF NEW T&K 5112 6 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the SUMMIT INSURANCE COMPANY Of Ni W Y0HK,.1 uu pw.n rte, of the Srateof New York, having its principal offices in the City of Houston. Texas, does make, commute and appOlnt. ��11. lt-LIlll, Jill- i" I 1 "I lit',. _LL.LL Simi6()11 its true and I awl uI At torneyls F in fact, to make, ..acute, seal and deliver for forr lnnot nn us bahe ❑..c, sir. nry, and as I.1 a,., and deed, any and all bonds, undertakings and contracts to au ref V sh i p',, CCm behhalI o�f: --pp,�.'� 11,�-- DDNN O.—M LCHAEL.S _.. -. -- -- ._..�— .. - -as Principal and__ city _y_t_�rtN- sax--k-_aeach as ULbgae provided than no bond or under taking pr conoact of ewet"In" executed under IN, aothorhv shall exceed stm 'an +iron, of n,n ni c ,.clad _ .'ll If ! IF, I This Power of Attorney Is granted and is signed and sealed by facsintil. i nda and by the tuuuwing Hesohllmn adupmd by the board of Diiii of SUMMIT INSURANCE COMPANY OF NEW YORK at a meeting only called and held on the Nth dnv of August, 1972 "RESOLVED, all bonds of the corporation shall be executed in the corporate name of the cun,p;u,y by the Prna Jmrt nr Vice president, or by such other officers as the Board of Directors may authorize. The pres.dem or any vice mesicfeN, secretary or any assrtranl see rate, , ntay appoint attorneys In fact or agents who shall have authority to issue bonds in the name of the .,,pan,, The corporate seal .. nJl nui essnry to, the validity of any bonds of the Corpora ,lire," IN WITNESS WHEREOF, the SUMMIT INSURANCE COMPANY OF NE W YORK h.,, ; :anted rhev;• fneserll,. ,, he slyr,ed by Its ofLCer underygnnd and Its cor porato seal to be hereto afti xed duly attested by Its secretary this 12th day of September, 1912. SUMMIT INSURANCE COMPANY OF NEW YORK +; c Attaavl 21tY„ 11JTmrv. ;127'4 o Ry, Secretary" Pr 6lreril STATE OF TEXAS 1 ss: COUNTY OF HARRIS) On the 12th day of September, 1972, before me personally came Kenneth F. Cooke, to me known, who being by me duY sworn, did depose and say that he residasin the County of Harris, Stata of Texas; that he is the President of SUMMIT INSURANCE COMPANY OF NEW YORK, the corporation described and which executed the above instrument; that he knows the seal of said' :Orporation, dial the seal affixed to idol insbun Rot is sntli corporate seal; float it was so affixed by order of the Board of Directors of said corporation and that he signed his name lherem by like onji" ,r Notary Pubhc BARBARA ANNE TTE BY RD NOI.ny Pubin in end for Hariis County, Texas STATE OF TEXAS 1 My Commission E.pves June 1, 1973 COUNTY OF HARRIS CERTIFICATE I, the undeaign ad, duty caballed to the office slated below, now the incumbent In SUMMIT INSURANCE COMPANY OF NEW YORK, a Now York Corporation,' authorized to make this certiticam, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains In full force and has nor been revoked; and furthermore, that the Resolution of the Board of Directors. set forth in rho Power of Attorney ix now In finis. Signed and sealed of be City of Houston, Texas Dated .... S j' Y Con tor's License No. 260701 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That i Page 10 Bond No. 512161 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted February 25, 1974 has awarded to Donn 0. Michaels hereinafter designated as the "Principal ", a contract for Balboa Boulevard Improvements West Coast Highway to 44th Street - Contract No. 1369 - AHFP Project No. 637 in the City of Newport Beach, in strict conformity with the drawings and specifications and other contract documents now on file in the office of the City Clerk of the City of Newport Beach. WHEREAS, said Principal has executed or is about to execute said contract and the terms whereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, DONN 0. MICHAELS as Principal, hereinafter designated as the "Contractor ", and SUMMIT INSURANCE COMPANY OF NEW YORK As Surety, are held and firmly bound unto the City of Newport Beach, in the sum of NO /100 --------------------------- TWn HNNDRED SIXTY ONE THOUSAND SIX HUNDRED ELEVEN &/ Dollars ($ 261.611.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page it (Performance Bond - Continued) And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12th day of March , 19 74 . (Seal) B Y fib' rd C t 11 (Seal) (Seal) Contractor SUMMIT INSURANCE COMPANY OF NEW YORK `Seal) By �f�e.,�,� _ (Seal) Carl Mann, Attorney -in -Fact (Seal) Surety SUMMIT INSURANCE COMPANY OF NEW YORK c/o C. P. Mann & Co., Inc. 3960 Vlils'rirc Blvd., Suite 400 Approved as to form: Los Angeles, California 90010 City Attorney zo %E y \|f/ \a sm kk [ § / &- ��r■E« ®k ■s/ (� } \- (> 2 2 &|} of }ƒ 2■■� ■ � Iƒ � k k) . . \� � . . \ ( j ( (�£ § §. \>S §, \ }i`m2z )�\\ { . {/ . §■ ;« 22 � � RESOLUTION NO. 8 2( FEB L� 1974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR BALBOA BOULEVARD WIDENING -- COAST By th9 CE+Y COUNCIL HIGHWAY TO 44TH STREET, CONTRACT NO. 1369 Jr +v ry"`.p- REACH WHEREAS, pursuant to the notice inviting bids for work in connection with Balboa Boulevard widening -- Coast Highway to 44th Street, in accordance with the plans and specifications heretofore adopted, bids were .received on the 12th day of February, 1974, and publicly opened and declared; and WHEREAS,.it appears that the lowest responsible bidder therefor is Donn O. Michaels; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Donn O. Michaels for the work in the amount of $261,611.00 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 25th day of February, 1974. Mayor ATTEST; City Clerk DON/bc 1/22/74