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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) ;i (Seal= Rob inson Attorney --i i- 4act .. - "r, t - `gib n ��.,.. �� _ - �]/ �- n �.�� - �: .V' ^. • � �� .'. ... A :.>e. �:� , zay-. �:2 ::., Y �, b�siA:x . �i.r- ..,... e v �...... L . - t.�,S;.i- - J a 0 v i. / �1 ... s 1 .1 1 1 Z 1 Oa 1 DQ OI Z mP Drf1 0 0 � ml O n D 1 2 0 1 � � 1 o z O: A O• n' R P. 0 x n � o R n `2 � v Q O C m a n F o A 5 ?^ pP b n a p a R n � V 0 d p d � C_ W k � n � C C7 n O � m � o a- o . R RJ Q � O P � � O P �p n .z � ] R 0 m F 'T1 P � a y O N � n 0 p � 0 � 0 n m n P 0 a' y !1. .l i 5 P. F `2 o' a R. R C. O P z P �2 b F P P 0.. O n P °i- N ff P '2 O C m H b I� N O N a F � P y o y r � 0 0 z n ma n m 1 ti 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` RANCE =APANY - JSeair 0 CC fns n r wR I \ \ ol ■ } ) o } \ \ \ \ \ {\ _} \ }\ \ ))� { m §� o \ \ J kD Go = y rt \ _ w } ul /ƒ ...... \} §\ > a ■22� \ » \[} \ , \ g ■ } ) o } \ \ \ \ \ {\ 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 I I cn Ak Ah Z 0 > (7 z . 1 \. 1kl) NkN rn r I I It f j ; r N a �\ l� c cz --4 J Z 0 > (7 z . 1 \. 1kl) LO n 0 a nzo i z ; m rri n o� N ZOm O LD O CAI C n wv—tr Y I 1) ) �I E � 3 oilP A 1T( (� 1G n ? rP J �{ 0 0 V 0 m A (0 � r � 14 ,V 1 �G z a B zi0.n�l ` •\^o ii` � i�t t �� � , � �I��r D nzo i z ; m rri n o� N ZOm O LD O CAI C n wv—tr Y I 1) ) �I • 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, �' ::, _ ° r . •` r�'� _ � �i ..�i °'. _ _ G �- �n . q _`. �:i / Y ha �. � - Ir w : \ k \aJ%• _: � \) } % + ) 9 J ! t0 _ \ !$) ƒa \ � }E \` \_\� \| « , \\ \ \ \ / ) }I - Ir w : \ k 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.