HomeMy WebLinkAboutC-1477 - Grading West Newport Park at Greenvill-Banning Channeli
February 7, 1973
Land Excavation
509 S. Cooper Street
Santa Ana, CA 92704
Subject: Surety . Balboa Insurance Company
Project . Grading of West Newport Park at Greenville -
Banning Channel
Contract No.: 1477
The City Council on January 22, 1973 accepted the work of subject
project and authorised the City Clerk to file a Notice of Completion
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 January 24, 1973 in Book No. 10527, Page 682. Please notify
your surety company that bonds may be released 35 days after
recording date.
Laura Lagios, C. M. C.
City Clerk
dg
cc: Public Works Department
RECORDING REQUESTED
BY AND MAIL TO _
Laura Iagios, City Clerk 20269 FREE
3300 Newport $lvd,
Aewport $each, CA 92660
NOTICE OF COMPLETION
PUBLIC WORKS
10527 ?4ff682
„RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
9:05 A.M. JAN 24 1973
]. VAUE CARLYLE, C000ly Recorder
To All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on January 3, 1973
the Public Works project consisting of Grading of West Newport Park at Greenville -
Banning Channel
on which Land Excavation
was the contractor, and Balboa Insurance Company
was the surety, was completed.
VERIFICAT]
I, the undersigned, say:
CITY OF NEWPORT BEACH
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 January 23, 1973 at Newport Beach, California.
I, the undersigned, L _, .
I am the City Clerk of the City of Newport Beach; the City Council of said
City on January 22, 1973 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 January 23, 1973 at Newport Beach, California.
t
0 6
CITY OF NEWPORT BEACH
CALIFORNIA
Date: January 23, 1973
Mr. J. Wylie Carlyle
County Recorder
P. 0. Box 238
Santa Ana, California 92702
Dear Mr. Carlyle:
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Attached for recordation is Notice of Completion of Public
Works project consisting of Grading of Wes: Newport Park at
Greenville- Banning Channel Contract No. 1477
on which Land Excavation was the Contractor
and Balboa Imurance Company was the surety.
Please record and return to us.
Very truly yours,
Laura Lagios
City Clerk
City of Newport Beach
LL: dg
Encl.
C
TO: Public Works Department
FROM: City Clerk
SUBJECT: Contract No. C -1477
Project (wading of Went
C`
Date December 27. 1972
Park at
are thm iea
Attachedlbl signed copy of subject contract for transmittal to the contractor.
Contractor: Iead Ewavatim
Address: 509 So. Cooper Street, Santa Ana 92704
Amount:
T 47$728.46
Effective +v ---
Effective Date: 12 -26 -72
Resolution No. 7878
LL-dg
Att.
cc: Finance Department [I
Laura Lagios
TO
FROM
SUBJECT
`Y
e'ia*
December 15, 1972
CITY CLERK
i
Public Works DepartmeA,
GRADING OF WEST NEWPORT PARK AT THE GREENVILLE- BANNING
CHANNEL (CONTRACT NO. C -1477)
Attached are four 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.
John S. Wolter
�._�isroject Engineer
JSW:h
Att.
CITY CLERK
st
CONTRACT NO. C -1477
CITY OF NEWPORT BEACH
CONTRACT DOCUMENTS
FOR
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE- BANNING CHANNEL
Approved by City Co nc'l
thisaYLh day ofQ�C e 971,
SUBMITTED:
Land Excavation
Contractor
509 So. Cooper Street
Q ress
Santa Ana, Calif. 92704
City Zip
531 -3631
Phone
-1 B "dam
To a i rice
• PR 1 of 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE- BANNING CHANNEL
CONTRACT NO. C -1477
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California 92660
The undersigned declares that he has carefully examined the location of the work, has
read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials and do all work required to complete Contract No. C -1477
in accordance with the Plans and Specifications, and that he will take in full payment
therefor the following unit prices for each completed item of work to wit:
ITEM QUANTITY ITEM DESCRIPT1UN UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. 3253 Grade Parksite
Cubic Yards
@ One Dollars
and
eight two Cents $ 1.82 $ 5920.46
er Cu is Yard
2. 5000 Construct 2" Thick Asphaltic
Square Feet Concrete Pavement
@ ----------- - - - - -- Dollars
and
thirty six Cents. $ 0.36 $ 1800.00
Pe�quare Foot
TOTAL PRICE WRITTEN IN WORDS:
Seven thousand seven hundred twenty Dollars
and
forty six Cents
$ 7,720.46
CONTRACTOR'S LICENSE NO. 245577 Land Excavation
Bidder's Na .
DATE Nov. 7, 1972 S/ Tharon Hill
ut on ed nature
BIDDER'S ADDRESS 509 So. Cooper St., Santa Ana, CA 92704
TELEPHONE NO. 531 -3631
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 7 day of November , 1972 ,
at which time they will be opened and read, for performing work as follows:
CONTRACT NO. C -1477
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 t3 he Corporate Seal
shall be affixed to all documents requiring signatures. In the case of a Partnership,
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 a.nd contract documents be returned
within 2 weeks after the bid opening.
(cont.)
Page la
The city has adopted the Standard Specifications for Public Works Construction
(1970 edition and supplements ) as prepare 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 $3.00 per set.
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 Resolution No. 7718
adopted June 12, 1972. 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 6 -12 -72
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 bet)teen words and figures, the works 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 providin for
the registration of Contractors, License No. 245517 Classification C-1 2
Accompanying this proposal is BOND
Cash, Certified Check, Cashiers Check or Bond
in an amount not lesp 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.
531 -3631
Phone Number
ate
LAND EXCAVATION
;Bidders Name ,;
S/ Tharon Hill
re
Individual
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 Engineers 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. NONE
2..
3..
4.
5.
6.
7.
8.
LAND EXCAVATION
Bidder's Name
S /Tharon Hill
AUthor4zed Signature
Individual
Type of rgan zat on
(Individual, Co- partnership or Corp)
509 So. Cooper Street
Santa Ana.'CA ress
. FOR 40GINAL SEE CITY CLERK'S FILE.COO
! Page 4
!i. BIDDER'S BOND TO ACCOMPANY PROPOSAL
is
jj
KNOW ALL MEN BY THESE PRESENTS,
That we, Land Excavation as Principal,
and Balboa Insurance Company as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
One Thousand and no /100. Dollars ($ 1,000.00 ), 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
Grading of West Newport Park at the Greenville- Banning Channel
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 2nd day of
November 19 72 .
Corporate Seal (If Corporation) LAND EXCAVATION
Principal
S/ Tharon Hill
(Attach acknowledgement of
Attorney -in -Fact)
Marie C. King, Notary Public
omn ssion expires ay ,
Balboa Insurance Company
Surety
By Wm. D. Robinson
Title Attorney -in -fact
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 sought by this bid.
SJ Tharon Hill
Subscribed and sworn to before me by
this 2nd day of November ,
19 72 ,
My commission expores:
May 25, 1975
Marie C. King
Notary Public
x
f' FOR ORAL SEE CITY CLERK'S FILE COPY •
Page b
'STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his.financial responsibility.'
On file with City Clerk
S/ Tharon�Hill
Si
g� e
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.
J. A. Campbell Inc. 6510 Cherry Avenue, Long Beach GA 3 -5488 .
Robert Reeves Inc. 1.620 Euclid Street, Santa Monica' 870 -7595
Manor Const. 280 Wilshire Ave., Anaheim 772 -6350"
S/ Tharon Hill
Si
! !
Page 8
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California by
motion adopted November 20, 1972
has awarded to Land Excavation
hereinafter designated as the "Principal ", a contract for Grading of West Newport
Park at the Greenville - Banning Channel
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 �t )VV E9 0-D
V A 1 T (b N
as Principal, hereinafter designated as the Contractor and Iw)S a:rt�ln Ce
as Surety, are held firmly bound unto the City of Newp r Beach, in the sum of
�a Dollars W_ i�26 ed )
said sum being one -half of the estimated amount paya le 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 presehts;
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 alto, 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.
0
m-u a_�:::.• .h.. �- '.a�,.::iS:. _...,fit- .zcs.— :�a+9.,er_.a '�.:'f.:. x,.c�a..us� _....
• 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
extension of time, alterations
to be performed thereunder or
affect its obligations on this
extension of time, alterations
work or to the specifications.
received, hereby stipulates and agrees that no change,
or additions to the terms of the contract or to the work
the specifications accompanying the same shall in any wise
bond, and it does hereby waive notice of any such change,
or additions to the terms of the contractor or to the
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 -2_ Z_ day of 1A, py , 19-V—.
BOND NUMBER
► BX4- 433020
r
& 1eVJ (Seal)
ADDIroved as Ae, form:
ssr. Ulty, Attorney `
This bond was approved by the City Council
of the City of Newport Beach by motion on
ae
Attest;.
City Clerk
Seal)
Seal)
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(Seal=
Rob inson Attorney --i i- 4act
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626 Nx LBOAE INSURANCE COMPAKIv 92660
GENERAL POWER OF ATTORNEY
Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under
the laws of the State of California, and having its principal office in Newport Beach. Orange County. California, does by these presents
make, constitute and appoint... .... ...... ... ... _ . ......... .......... .. .............. .....
...... .............. ...... .. Vtr "_.D.. ... OB..INS.O..N,..D.... C.... ZIMMERMAN, ... J.... A..... SCHWEIT .Z.ER............ ....
...... _... ....
............................. ............................... ..
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corpo-
rate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fad may
do in the premises. Said appointment is made under and by authority of the following resolution adopted-by the Board of Directors of
the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962.
"Be It Resolved, that the President, any Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested
with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fad to represent and act for and on
behalf of the Company subject to the following provisions:
"Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf
of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and
other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's lia-
bility thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if
signed by the President and sealed and attested by the Corporate Secretary."
in Witness Whereof, BALBOA INSURANCE COMPANY has caused these presents to be signed by its..Vlce Pre Siderlt
and its corporate seal to he hereto affixed this ........ Uth ...... ......... day of........ OctObe T....................... A.D., 19.. 72........
LJR4hTJC& COMPAN
r
State of California 1
County of Orange )))
On this..,.20th. day of.... Qctober. A.D., 1 ...72 , before me personally came ....... John _E. .... uiti.s_ ..................
to me known, who, being by me duly sworn, did depose and say, that he resides in.. .... . Mission _Viejo ..... ,,,,,,,,,,,,,,,,,,,
that he is .... Vice...P.re.sident ....of BALBOA INSURANCE COMPANY, the company described in and which executed the
above instrument; that he knows the seal of said Company; 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 Company; and that he signed his name thereto by like order.
orPIEAMAKIS
SH HI = Notary Public
.............
o
® ".) :<.,. tR/ P': 9'. 'f Ok NIA
PR:: ::W; :'1" (: iN
to
l >Lni��7 o..nnc:;
My Commission Expires Sept 1% 1975
u,........... n,,... ........nn......rmnn.»...u, .. ,..n »..... ........ ....n.....'r.
I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy
of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and
effect.
Andi\do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the
authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held
on the 24th of March 1972, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation.
may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile
signature and seal shall be valid and binding upon this Corporation."
GIVEN under my hand and the seal of said Company, at Newport Beach, California, this
29th
B29E672 O \ \ Secretary
day of
Page 10
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City o ort Beach, State of California, by
motion adopted November 20, 1972
has awarded to
Land Excavation
hereinafter designated as the "Principal ", a contract for Grading of West Newport
Park at the Greenville- Banning Channel.
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,
as Principal, hereinafter designated as the "Contractor ", and w 6 ee. m w rio� t%e—
As Surety, are held and firmly bound unto the
)lvty+l�wswl�+� StVew 1���i12 ���,
said sum being equal to 100% of the estimated
the said City or its certain attorney, its su
well and truly to be made, we bind ourselves,
successors or assigns, jointly and severally,
City of,Nriewport Beach, in the sum of
v
o lars ($ ,
amount of the contract, to be paid to
:cessors, and assigns; for which payment
our heirs, executors and administrators,
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.
0
Page r l
(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 insthument has been duly executed by the Principal and Surety
above named, on the 2. 7 day of N a v 19
a
BOND NUMBER
BX4- 433040
..Approved as to form:
i
ASS(--_U1tY Attorney
(Seal)
\\ JJL (Seal)
c— Contractor
(Seal)
Sim. D. Robinson Attorney- in�$aot`
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620 NEBOAe INSURANCE COMPAI A 92660
GENERAL POWER OF ATTORNEY
Knoru All Men by These Presents, That BALBOA INSURANCE COMPANY. a corporation duly organized and existing under
the laws of the State of California, and having its principal office in Newport Beach. Oraulgt Couaty. California. does by these presents
make, constitute and appoint..._ .................. ........... ............... ..... ........ ........................ ......................... .......... .... ............. .. ................ ._ _.............._.............
...... .WK...D....R. O.B.INSO.N,..D......C._ ZIMMERMAN,...J, ... :1. ... SCHWEI KER ........................ _.. .......
._ ...................... .._............................
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corpo-
rate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may
do in the premises. Said appointment is made under and by authority of the following resolution adopted-by the Board of Directors of
the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962.
"Be It Resolved, that the President, any Vice. President, any Secretary or any Assistant Secretary shall be and is hereby vested
with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
"Section 1. Attorney -in -Fact. Attorney in -Fact may be given full power and authority for and in the name of and on behalf
of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and
other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's lia-
bility thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if
signed by the President and sealed and attested by the Corporate Secretary."
In Witnesi Whereof, BALBOA INSURANCE COMPANY has caused these presents to be signed by its..Vi a PTe Silent
and its rorperate seal to he hereto affixed this........ 2.Oth ................. day of........ OQtObe I'....................... A.D., 19..7.2...._..
JC& COMPAN
T r
State of California
County of Orange W.:
On this .... .2Dth ..... day of...... ..October ... A.D., 1/7 before me personally came.......JOhn }✓' .,,,,f. -UitiS
to me known, who, being by me duly sworn, did depose and say, that he resides in....... Mission., V e)o ......................
that he is .... Vice.Psesident ..... . ....of BALBOA INSURANCE COMPANY, the company described in and which executed the
above instrument: that he knows the seal of said Company; 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 Company; and that he signed his name thereto by like order.
OFFICIAL SEA:
o...................................................... ............................... ... ....... ............
TOSHIE MAKISHI Notary Public
11_9'., '.. ., �: �ORNIA
MN IN
My Commission Expires Sept, 19, 1975
mnnnnnnninnnn��nninnnv ninon „...n„ ,.........n...........in..nn
I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy
of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and
effect.
An&l\do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the
authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held
on the 24th of March 1972, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation,
may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile
signature and seal shall be valid and binding upon this Corporation.”
GIVEN under my hand and the seal of said Company, at Newport Beach, California, this 29th day ui
November -_ , 197_ .
B29E672
OSecretary t
i i
Page 12
CONTRACT
THIS AGREEMENT, made and entered into this &_L# day of
by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the
City, party of the first part, and Land Excavation
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
Grading of West Newport Park at the Greenville- Banning Channel
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 Cityi' 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.
CITY OF NEWPORT,BEACH, CALIFORNIA
By:
mayor
�Av� �.�c,Pl IVb U%,
—on ac or
(SE L) \ 4 0
By-
P
Title
By:
Title
Approved as to form:
~ CITY OF NEWPORT BEACH to
PUBLIC WORKS DEPARTMENT
PLAN AND SPECIAL PROVISIONS
FOR
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE- BANNING CHANNEL
1972
CONTRACT NO. C -1477
ADDENDUM NO. 1
Notice to Bidders:
Please be advised that Sheet 1 of the Plans and Page 1 of 3 of the Special Provisions
have been amended as follows:
Special Provisions:
Section III (Completion of Work), Sp. 1 of 3, has been revised and shall now read
as follows: "The contractor shall complete all the work under this contract within
20 calendar days from the receipt of a notice to proceed from the City ".
Plans:
Revision #2 added limits of construction to the Location Map, Sheet 1 of 4, P- 5052 -S.
This revision has no effect on the quantity of material involved but was added to
help clarify the existing survey control line set by the City and the cross sections
shown on Sheet 3 of.4 and Sheet 4 of 4, P- 5052 -S.
Note:
Please sign and show the date of receipt on this addendum and insert a copy with
your proposal.
John S. Wolter
Project Engineer
Signature and Date of Receipt
By Contractor
Nov. 3, 1972
mw
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
TO
SPECIAL PROVISIONS
FOR
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE - BANNING CHANNEL
(C -1477)
i.
Page
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . . . .
. . . . . 1
II.
AWARD OF CONTRACT . . . . . . , . . . . ,
1
III.
COMPLETION OF WORK . . . . . . . . . . . . . . . .
. . . . . 1
IV.
PAYMENT . . . . . . . . . . .
1
V.
CONSTRUCTION .SURVEY STAKING . . . . . . . . . . . .
. . . . . 1
VI.
ACCESS TO SITE . . . . . . . . . . . . . . . . . .
. . 2
VII.
CONSTRUCTION WATER . . . . . . . . . . . . . . . .
. . . . . 2
VIII.
CONSTRUCTION DETAILS . . . . . . . . . . . . . . .
. . . . . 2
1. Clearing and Grubbing . . . . . . . . . .
. . . . . 2
2. Earthwork . . . . . . . . . . . . . . . . .
. . . . . 2
3. Asphaltic Concrete Paving , , , , , , , ,
, , , , , 2
4. Protection of Existing Utilities . . . . .
. . . . . 2
5. Protection or' Existing Trees . . . . . . .
. . . . . 3
i.
• SP 1 of 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
1'7
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE - BANNING CHANNEL
CONTRACT NO. C -1477
I. SCOPE OF WORK
The work to be done under this contract shall consist of furnishing all labor,
materials, transportation and equipment necessary to strip and remove all
unsuitable materials, to construct a compacted fill, access roadway, and
asphaltic concrete playing court at West Newport Park. This contract requires
completion of all the work in accordance with these Special Provisions, the
City's Standard Special Provisions, the Plans (Drawing No. P- 5052 -S), and
the City's Standard Specifications and Drawings. The City's Standard Specifi-
cations are the "Standard Specifications for Public Works Construction"
(Greenbook) 1970 Edition, available at Building News Inc., Los Angeles,
California.
II. AWARD OF CONTRACT
The award of the contract shall be based on the total price bid for all contract
items No. 1 and 2. The City reserves the right to delete all or a portion of
bid item No. 2.
III. COMPLETION OF WORK
The contractor shall complete all the work under this contract within 10 calendar
days from the receipt of a notice to proceed from the City.
IV. PAYMENT
The unit prices bid for the various items of work shall include full compensation
for all materials and labor necessary for construction of the contract complete in
place.
V. CONSTRUCTION SURVEY STAKING
A survey control line has been set by the City and will be flagged prior to con-
struction. Field surveys for control of construction shall be the responsibility
of the contractor. All such surveys including construction staking shall be under
the supervision of a California Licensed Land Surveyor or Registered Civil Engineer.
Staking shall be performed on all items ordinarily staked at intervals normally
accepted by the agencies and trades involved. Payment for construction survey
staking shall be considered as included in the unit prices bid for the various
items of work and no additional compensation will be made.
VI. ACCESS TO SITE
• SP 2 of 3
Access to the park site for construction purposes is available thru the Orange
County Flood Control District Access Gate adjacent to the Coast Highway bridge
at the Santa Ana River.
VII. CONSTRUCTION WATER
The contractor shall make his own provisions for obtaining and applying water
necessary to perform his work. If the contractor desires to use available City
water, it shall be his responsibility to make arrangements for water purchase
by contacting the City's Utility Superintendent, Mr. Tom Phillips at (714) 673 -2110,
extension 267.
VIII. CONSTRUCTION DETAILS
Clearing and Grubbing
This work shall include stripping and removal from the site of all plant
material (except trees designated to remain), broken concrete, asphalt,
metal, glass, wood, and all other deleterious material to the satisfaction
of the engineer. All work shall conform to subsection 300 -1 of the Standard
Specifications.
2. Earthwork
Sufficient fill material is available on site, (approximately 3200 c.y.)
as indicated on cross sections attached to the project plans. All fill
shall be compacted in lifts not to exceed 2 feet to a relative compaction
of 90 %. Earth fill construction shall comply with subsection 300 -4 of the
Standard Specifications.
Excess fill material (approximately 500 c.y.) shall be spread on the
northerly portion of the City Park site at the direction of the engineer.
3. Asphaltic Concrete Paving
Asphaltic concrete paving for the basketball playing court surface shall
be Type III - D - 85 -100 as per subsection 400-4.30f the Standard Specifi-
cations. The City reserves the right to delete bid item No. 2 in its
entirety.
4. Protection of Existing Utilities
The locations of existing substructures shown on the plans have been taken
from records and their correctness and completeness are in no way guaranteed.
It shall be the contractor's responsibility to locate all substructures, whether
shown on the plans or not and to protect them from damage. The removal of
abandoned in place substructures shall be the contractor's responsibility.
The lowering or relocation of interfering portions of substructures shall
be the responsibility of said utility or franchise holder. The contractor
shall protect all overhead power poles, and guys shown to be protected on
the plans.
The contractor shall notify the Orange County Sanitation District No. 5 to
allow an inspector to be present during grading operations on or near District
facilities.
SP 3 of 3
Protection of Existing Trees
The contractor shall protect in place all trees shown on the plans to
protected in place. The contractor shall be responsible for replacing
all trees damaged or removed during construction in conformance with
Section 7 -9 of the Standard Specifications.
be
CERTIFICATE OF INSURANCE
q fN Hartfo ire Insurance Company 9 [� New k Underwriters Insurance Company
THE HARTFORD ® HartfolWcident and Indemnity Company m Twi4wy Fire Insurance Company
� •INnSUO one N GROUP �® Citizens nsurance Company of New Jersey
This is to certify that the company designated Co. Code
herein by Co. Code has issued to the named insured 5
the policies enumerated below.
Named Insured and Address
Tharon B. Hill DBA: Land Excavation
509 South Cooper
Santa Ana, Calif, 92704
The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by
specific entry herein but this certificate of Insurance does not amend, extend or otherwise alter the terms and conditions
of the insurance coverage in the policies identified herein.
*If with respect to Automobile Liability the Policy Number entered above includes the symbol GB, AZ, MVP, MAG or PGB, the word "occurrence"
_is amended to read "accident ". _
Location and description of operations, automobiles, contracts, etc. (For contracts, indicate type of agreement, party and
date.) Grading of Nest Newport Park at the Greenville- Banning Channel (Contract No. C- 1477), It
is hereby understood and agreed that the policy to which this certificate refers may not be
cancelled, materially changed, nor the policy allowed to lapse until ten (10) days after
receipt by the City Clerk of the City of Newport Beach, City Hall, Newport Beach, California,
of a registered written notice of such cancellation or reduction in coverage.
If policy is canceled,
written notice will be given to:
Date December 6, 1972
Poem AL43 -2 Printed in U. S. A. 910
City of Newport Beach,Calif.
3300 Newport Blvd.
Newport Beach, Calif.
By. ..............................' .... ��.... ...............................
Authorized Representative
Coverages and Limits of Liability
(SINGLE LIMIT)
(DUAL LIMITS)
Hazards
Policy Number
and
Bodily Injury and
Property Damage Liability
Bodily injury Liability Property Damage Llabillty
* each
occurrence
aggregate
each person
occurrence
occurrence
aggregate
Policy Term
General Liability
72 C 209749
Premises - Operations
p7- 06- 7917.q
-- FF--�.
$ ,000$
,000
$ 300 ,000
$ 500 ,000
$ 100.000
$ 000
S00,
Independent Contractors
Same
$ ,000$
000
L_300- ,000
L__500 ,000
L___100_,0_00 00,000
$ 5om00o
Completed Operations;
$ ,000$
,000$
Up,
$5QD,000$
100,000$
500,000
Products
Camp
$ ,000$
,000
Aggregate:
$ 5Qfi,000
XXXX
XXXX
Contractual (as described
below)
Sams
$ ,000$
000S
nn .000
$ 5nn ,000
$ i nn,000
$ 5nn,000
Automobile Liability
Owned Automobiles
Nil
$ ,000
XXXX
$ 1000S
000$
,000
XXXX
Hired Automobiles
72 C 209749
07- 06-72173
$ 00 01
xxxx
$ 3A0 ,000$
s50n,00o$
1�,00o
XXXX
Non -Owned Automobiles
Camp
S ,000
XXXX
$ 300.,000$
5M.000$
x,000
XXXX _
Workmen's Compensation
Compensation — Statutory
and
Employers' Liability
Employers' Liability — $ ,000
Umbrella Liability
1
$ ,000,000
*If with respect to Automobile Liability the Policy Number entered above includes the symbol GB, AZ, MVP, MAG or PGB, the word "occurrence"
_is amended to read "accident ". _
Location and description of operations, automobiles, contracts, etc. (For contracts, indicate type of agreement, party and
date.) Grading of Nest Newport Park at the Greenville- Banning Channel (Contract No. C- 1477), It
is hereby understood and agreed that the policy to which this certificate refers may not be
cancelled, materially changed, nor the policy allowed to lapse until ten (10) days after
receipt by the City Clerk of the City of Newport Beach, City Hall, Newport Beach, California,
of a registered written notice of such cancellation or reduction in coverage.
If policy is canceled,
written notice will be given to:
Date December 6, 1972
Poem AL43 -2 Printed in U. S. A. 910
City of Newport Beach,Calif.
3300 Newport Blvd.
Newport Beach, Calif.
By. ..............................' .... ��.... ...............................
Authorized Representative
Named Insured and Address
72 C 209749 Tharon B. Hill DBA: Land Excavation
1 This endorsement forms apart of Policy No .................... ......................... 609 South Cooper
issued by THE HARTFORD INSURANCE GROUP company or
companies designated therein, and takes effect as of the effective date Santa Ana, Calif. 92704
of said policy unless another effective date is stated herein.
Effective date........... December... 6,.1.972 ...... ...............Effective hour is the same as stated in the Declarations of the
Policy.
It is hereby understood and agreed that the City of Newport Beach, California
is named additional insured hereunder as respects operations performed by Land Excavation
in connection with Grading of West Newport Park at the Greenville- Banning Channel,
Contract No. C -1477.
I am aware of and will comply with Section 3700 of the Labor Code, requiring
every employer to be insured against liability for workmen's compensation or to
undertake self - insurance before commencing any of the work.
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or declarations of the policy, other than
as herein stated.
This endorsement shall not be binding unless countersigned by a duly authorized agent of the company or companies; provided that if this endorsement
takes effect as of the effective date of the policy and, at issue of said policy, forms a part thereof, countersignature on the declarations page of said
policy by a duly authorized agent of the company or companies shall constitute valid countersignature of this endorsement.
THE HARTFORD
INSURANCE GROUP
M/,MTFORO CONNSCY,CVT
Fern G -3740-0 B Printed in U. S A 2264
Hartford Fire Insurance Company New York Underwriters Insurance Company
Hartford Accident and Indemnity Company Twin City Fire Insurance Company
Citizens Insurance Company of New Jersey
Countersigned by ................C: ".. . .- :�..��.5 C r.!' ..................
A uthoriud Agent
i 0
RESOLUTION NO. 7 87 u
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING A CONTRACT FOR
GRADING OF WEST NEWPORT PARK AT THE GREENVILLE-
BANNING CHANNEL, CONTRACT NO. C -1477
WHEREAS, pursuant to the notice inviting bids for work
in connection with the grading of West Newport Park at the
Greenville- Banning Channel, in accordance with the plans and
specifications heretofore adopted, bids were received on the
7th day of November, 1972, and publicly opened and declared; and
WHEREAS, it appears that the lowest responsible bidder
therefor is Land Excavation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the bid of Land Excavation for
the work in the amount of $7,720.46 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 20th day of November, 1972.
Mayor
ATTEST:
City Clerk
DON:sh
11/20/72
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• 0
CONTRACT NO. C -1477
CITY OF NEWPORT BEACH
CONTRACT DOCUMENTS
FOR
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE - BANNING CHANNEL
Approved by City Counc/iil
thisi y_ day of(!rf- - , /-17 V
SUBMITTED:
r'�� r 4 I
on tractor
509 3o, Cooper, A.
Address
Santa Ana. Cal 92704
City Zip
5' i _14,11
Phone 4
1 7-o
Total lAPrice
• PR l of l
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE - BANNING CHANNEL
CONTRACT NO. C -1477
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California 92660
The undersigned declares that he has carefully examined the location of the work, has
read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials and do all work required to complete Contract No. C -1477
in accordance with the Plans and Specifications, and that he will take in full payment
therefor the following unit prices for each completed item of work to wit:
IALM QUANTITY ITEM DESCRIPTION I TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1.
2
3253 Grade Parksite
Cubic Yards _
5000
Square Feet
1lars .
and
nts $ Z
Construct 2" Thick Asphaltic
Concrete Pavement
@ Dollars
and
er Square oot
TOTAL PRICE WRITTEN IN WORDS:
_Dollars
and
Cents
6 $ U
$ 7, 7zo
CONTRACTOR'S LICENSE NO.y� Tnxn Z=a
Bidder
`�s�Name
DATE XCU.7, 1972 v " \-
�— (Authoriz Signature^
BIDDER'S ADDRESS . ) So. Cooper. St. can +•, an-. rai q?704
TELEPHONE NO. 531 363!
iV
f
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 works 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, 245577 Classification c_12
Accompanying this proposal is O
Cash, Certified Check, Cashier's Check or Bond
in an amount not lesp than 10 percent of the total bid price.
The undersigned is aware of the provisions of Section 3700 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.
e u er
IN
ate
IANO EXCAVATION
(SEAL)
Authorized Signature
�
n DIVITIAI
Type of Orga � m zation
(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:
I
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. NONE
2,•
3.
4.
5.
6.
7.
8.
J M
e s am
ut or ze gnature
INDIVIDUAL
Type of rgan zat on
(Individual, Co- partnership or Corp)
509 So, Cooper, St,
SANTA AAA CAL. 92704
ress
}
Page 4
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we, Lana Excavation as Principal,
and Balboa Insurance Company , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
One Thousand and no /loo Dollars ($lsoOO-00 ), 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
Grading of West Newport Park at the Greenville - Banning Channel
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 2nd day of
November 1972
Corporate Seal (If Corporation) - Lana Excavation _
Principal
(Attach acknowledgement of
Attorney -in -Fact
By.
Title
Balboa Insurance C v -
D. Robinson,
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BALBOA INSURANCE COMPANY
620 NEV* CENTER ORIVE, NEWPORT BEACH. CALI0IA 92660 `
r
GENERAL POWER OF ATTORNEY
Know All Men by These Presents, That BAI.BOA INSURANCE COMPANY, a corporation duly organized and existing under
the laws of the State of California, and having its principal office in Newport Beach. Ormge County. California, does by these presents
make, constitute and appoint.... .. _........ _ ...... .... ................ .. .._ ......... _ ... ..... ... ....... I.... ............. .............
WNL D, ROBINSON, D, C ZIMMERMAN, J, A SCHWEITZER
....
........ ....... ........ _
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corpo-
rate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may
do in the premises. Said appointment is made under and by authority of the following resolution adopted-by the Board of Directors of
the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962.
"Be R Resolved, that the President, any Vice President, any Secretary or any Assistant Secretary shall be and is hereby vested
with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
"Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf
of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and
other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's lia-
bility thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if
signed by the President and sealed and attested by the Corporate Secretary."
In Witness Whereof, BALBOA INSURANCE COMPANY has caused these presents to be signed by its..vIC1.E _PRESIDEN'I
and its corporate seal to be hereto affixed this....... 26th .... ............ day of..... July.. ..... ..... ..... ........... A.D., 19......72..._.
BALB INSURAANCE OMPANY
State of California
ss.
County of Orange �
On this _.._ 26th,.,,,, day of, A.D., t9 ... ?. . before me personally came.__..J,,., E.,. _Hutchison ............. .......
to me known, who, being by me duly sworn, did depose and say, that he resides in ..... ......Qrange.....,. ........ .. ..._. ..... ;
that he is ... Vic'e President of BALBOA INSURANCE COMPANY, the company described in and which executed the
President
instrument; that he knows the seal of said Company; 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 Company; and that he signed his name thereto by like order.
III IIIIPIPIIIIIIIIIIIIIII IIIIIIIllrrllll Illm
unlul I,IIIIIIIIIIIr1111n IuIllluu ,lulnnlllll1,11111„IIIIIOr11 r
OFFICIAL SEAL Notary Public
TOSHIE MAKISHI
NOTARI FJBLi ^-:A Ir'ORNIA =
PRIM ,IP ;,,L CFFI .E IN
ORANCc COUNTY
My Commission Expires Sept. 19, 1975
.T lllllr1,llllllln 1111111 ,111111111111111111111111„IIII, 1111111 111111111III,,,II,IIiIlrr, 11111r,�lll,llllllll „11111
1, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy
.of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and
effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the
authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held
on the 24th of March 1972, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation,
may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile
signature and seal shall be valid and binding upon this Corporation.”
GIVEN under my Fund and the seal of said Company, at Newport Beach, California, this 2nd day of
November , 19Z .
B29E672 O Secretary
NON- COLLUSION AFFIDAVIT
0
Page 5 .
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 sought by this bid.
Subscribed and sworn to before me by
this day of�
19_2.,�i(
My commission expgres:
OFFICIAL 'SEAL
MIAME C. Klf:u
901ARY PUCLIC - CALIFORNIA
PRINCIPAL OFFICE IN CID)
N
L03 ANGELES COUNTY
My Q=ffssin E, res Eby 25, 1975
,
Notary u ic.
Page 6 ;
STATEMENT OF FINANCIAL RESPONSIBILITY
The..undersigned submits herewith a statement of his financial responsibility.
CITY HAS.ONE.
9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
0
Page 7`:,-
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.
J. A. CAMPBELL INC. .,1510 Cherry Ave•Lnng Raaeh_ QA_454AS
ROBERT RFVVF,S !NC. 162.0 Enrlia St- 'Santa M nira_ R7n_��K' �
Manor Const. 280 14ilshire Ave_ Anahi =m, 772_0950
.. 1� .Y:k3
C
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PLAN AND SPECIAL PROVISIONS
FOR
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE- BANNING CHANNEL
1972
CONTRACT NO. C -1477
ADDENDUM NO. 1
Notice to Bidders:
Please be advised that Sheet 1 of the Plans and Page 1 of 3 of the Special Provisions
have been amended as follows:
Special Provisions:
Section III (Completion of Work), Sp. 1 of 3, has been revised and shall now read
as follows: "The contractor shall complete all the work under this contract within
20 calendar days from the receipt of a notice to proceed from the City ".
Plans:
Revision #2 added limits of construction to the Location Map, Sheet 1 of 4, P- 5052 -S.
This revision has no effect on the quantity of material involved but was added to
help clarify the existing survey control line set by the City and the cross sections
shown on Sheet 3 of.4 and Sheet 4 of 4, P- 5052 -S.
Note:
Please sign and show the date of receipt on this addendum and insert a copy with
your proposal.
,''�``
John S. Wolter
Project Engineer
Signature and Date of Receipt
By Contractor Date \"_J `� �2
• CITY OF NEWPORT BEACH •
PUBLIC WORKS DEPARTMENT
PLAN AND SPECIAL PROVISIONS
FOR
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE - BANNING CHANNEL
1972
CONTRACT NO. C -1477
ADDENDUM NO. 1
Notice to Bidders:
Please be advised that Sheet 1 of the Plans and Page 1 of 3 of the Special Provisions
have been amended as follows:
Special Provisions:
Section III (Completion of Work), Sp. 1 of 3, has been revised and shall now read
as follows: "The contractor shall complete all the work under this contract within
20 calendar days from the receipt of a notice to proceed from the City ".
Plans:
Revision #2 added limits of construction to the Location Map, Sheet 1 of 4, P- 5052 -S
This revision has no effect on the quantity of material involved but was added to
help clarify the existing survey control line set by the City and the cross sections
shown on Sheet 3 of 4 and Sheet 4 of 4, P- 5052 -S.
Note:
Please sign and show the date of receipt on this addendum and insert a copy with
your proposal.
John S. Wolter
Project Engineer
Signature and Date f1\Receipt o
By Contractor ' J� Date Ij C:o, �Cj�Z
i 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
TO
SPECIAL PROVISIONS
FOR
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE- BANNING CHANNEL
(C -1477)
Page
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . . . . .
. . . . . 1
II.
AWARD OF CONTRACT . . . . . . . . . . . . . . . .
. . . . . 1
III.
COMPLETION OF WORK . . . . . . . . . . . . . . .
. . . . . 1
IV.
PAYMENT . . . . . . . . . . . . . . . . . . . . . .
. . . . . 1
V.
CONSTRUCTION SURVEY STAKING . . . . . . . . . . . .
. . . . . 1
VI.
ACCESS TO SITE . . . . . . . . . . . . . . . . . .
. . . . . 2
VII.
CONSTRUCTION WATER . . . . . . . . . . . . . . . .
. . . . . 2
VIII.
CONSTRUCTION DETAILS . . . . . . . a . . . . . . .
. . . . . 2
1. Clearing and Grubbing . . . . . . . . . .
. . . . . 2
2. Earthwork . . . . . . . . . . . . . . .
. . . . . 2
3. Asphaltic Concrete Paving . . . . . . . .
. . . . . 2
4. Protection of Existing Utilities . . . . .
. . . . . 2
5. Protection of Existing Trees . . . . . . .
. . . . . 3
i.
SCOPE OF WORK
• SPIof3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
GRADING OF WEST NEWPORT PARK
AT
THE GREENVILLE- BANNING CHANNEL
CONTRACT NO. C -1477
The work to be done under this contract shall consist of furnishing all labor,
materials, transportation and equipment necessary to strip and remove all
unsuitable materials, to construct a compacted fill, access roadway, and
asphaltic concrete playing court at West Newport Park. This contract requires
completion of all the work in accordance with these Special Provisions, the
City's Standard Special Provisions, the Plans (Drawing No. P- 5052 -S), and
the City's Standard Specifications and Drawings. The City's Standard Specifi-
cations are the "Standard Specifications for Public Works Construction"
(Greenbook) 1970 Edition, available at Building News Inc., Los Angeles,
California.
II. AWARD OF CONTRACT
The award of the contract shall be based on the total price bid for all contract
items No. 1 and 2. The City reserves the right to delete all or a portion of
bid item No. 2.
III. COMPLETION OF WORK
The contractor shall complete all the work under this contract within 10 calendar
days from the receipt of a notice to proceed from the City.
IV. PAYMENT
The unit prices bid for the various items of work shall include full compensation
for all materials and labor necessary for construction of the contract complete in
place.
V. CONSTRUCTION SURVEY STAKING
A survey control line has been set by the City and will be flagged prior to con-
struction. Field surveys for control of construction shall be the responsibility
of the contractor. All such surveys including construction staking shall be under
the supervision of a California Licensed Land Surveyor or Registered Civil Engineer.
Staking shall be performed on all items ordinarily staked at intervals normally
accepted by the agencies and trades involved. Payment for construction survey
staking shall be considered as included in the unit prices bid for the various
items of work and no additional compensation will be made.
•
VI. ACCESS TO SITE
• SP2of3
Access to the park site for construction purposes is available thru the Orange
County Flood Control District Access Gate adjacent to the Coast Highway bridge
at the Santa Ana River.
VII. CONSTRUCTION WATER
The contractor shall make his own provisions for obtaining and applying water
necessary to perform his work. If the contractor desires to use available City
water, it shall be his responsibility to make arrangements for water purchase
by contacting the City's Utility Superintendent, Mr. Tom Phillips at (714) 673 -2110,
extension 267.
VIII. CONSTRUCTION DETAILS
1. Clearing and Grubbing
This work shall include stripping and removal from the site of all plant
material (except trees designated to remain), broken concrete, asphalt,
metal, glass, wood, and all other deleterious material to the satisfaction
of the engineer. All work shall conform to subsection 300 -1 of the Standard
Specifications.
2. Earthwork
Sufficient fill material is available on site, (approximately 3200 c.y.)
as indicated on cross sections attached to the project plans. All fill
shall be compacted in lifts not to exceed 2 feet to a relative compaction
of 90 %. Earth fill construction shall comply with subsection 300 -4 of the
Standard Specifications.
Excess fill material (approximately 500 c.y.) shall be spread on the
northerly portion of the City Park site at the direction of the engineer.
3. Asphaltic Concrete Paving
Asphaltic concrete paving for the basketball playing court surface shall
be Type III - D - 85 -100 as per subsection 400 -4.3 of the Standard Specifi-
cations. The City reserves the right to delete bid item No. 2 in its
entirety.
4. Protection of Existing Utilities
The locations of existing substructures shown on the plans have been taken
from records and their correctness and completeness are in no way guaranteed.
It shall be the contractor's responsibility to locate all substructures, whether
shown on the plans or not and to protect them from damage. The removal of
abandoned in place substructures shall be the contractor's responsibility.
The lowering or relocation of interfering portions of substructures shall
be the responsibility of said utility or franchise holder. The contractor
shall protect all overhead power poles, and guys shown to be protected on
the plans.
The contractor shall notify the Orange County Sanitation District No. 5 to
allow an inspector to be present during grading operations on or near District
facilities.
i i
SP 3 of 3
5. Protection of Existing Trees
The contractor shall protect in place all trees shown on the plans to be
protected in place. The contractor shall be responsible for replacing
all trees damaged or removed during construction in conformance with
Section 7 -9 of the Standard Specifications.