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HomeMy WebLinkAboutC-1800 - Ensign View Park, Phase IDecember 30, 1976 - D. W. Contracting Company 1504 Caribbean Way Laguna Beach, CA 92651 Subject: Surety: American.Notoriets Insurance Co. - Bonds No.: 6SM 167 7" Project: Phase I /lpsign,Viev Park - Cliff Dr. at 11 Modena Ave. Contract No.: 1800 The City Council on November 8, 1976 accepted the work of subject Project and authorised the City Clerk to file a'Notice of Completion and to release the bonds 33 days after Notice of Completion has bun filed. Notice of Completion was filed with the Orange County Recorder on November 10, 1976. Please notify your surety company that bonds may be released 35 days after recording date. Doris George City Clerk DG:ag cc: Public Works Department RECORDING REQUESTED BY PLEASE RETURN TO CsTY CLERK CITY OF NEWPORT BEACH 33. ^,^ NEVISPORT BOULEVARD NEWPORT BEACH, CALIF. 92663 13745 EXEMPT C9 NOTICE. OF COMPLETION PUBLIC WORKS g 1 1956?0 160 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 5 Past 11 AM NOV 10 1976 J. WYLIE CARLYLE, County Recorder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on October 22, 1976 the Public Works project consisting of phase I /Ensign View Park on which D. W. Contracting Company was the contractor, and American Mororists Insurance Company was the surety, was completed. V ERI I, the undersigned, say: CITY OF NEWPORT BEACH lic Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 9, 1976 1 1 at Newport Beach, California. VERIFICATION Olf CITY C I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on NavewbeF -5, 1116 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 November 9, 1976 RECER/ED CIS:" rr�A DEC 29 1916 ► crlm ;� NEWPORT 0EAL7J, CALIF. at Newport Be ch, California. CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd Date: November 9. 1976 Mr. J. Wylie Carlyle County Recorder P. 0. Box 23B Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of anaign VIAM as *k. Ph.@* = {Cliff Drive at B1 Modena Avon-. Contract No. 1800— on which D. W. Contracting Company was the Contractor and American Motorists Insurance Company was the surety. Please record and return to us. Encl. / Very trul , yours , Doris George City Clerk City of Newport Beach is '10: Public Works Department FROM: City Clerk Date S@ptMhU 2- 197A SUBJECT: Contract No. Project at a yi s itatk� thaw I (Cliff Dr. at II Neda lam) Attached is signed copy of subject contract for transmittal to the contractor. Contractor: n v P. Address: 1RAl 6 Amount: $ 15 431 to Effective Date: -wu Resolution No. MILS Doris George DG:swk Att. cc: Finance Department 0 0 a August 31, 1976 TO: CITY CLERK FROM: Public Works Department SUBJECT: CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK (CLIFF DRIVE AT EL MODENA AVENUE) CONTRACT NO. 1800 Attached are three copies of the subject contract document and a certificate of insurance. Please have exe- cuted on behalf of the city, retain your copy and insurance certificate, and return the remaining copies to our depart- ment. Thank you. %. Ann�' h L. Perry Project Engineer KLP:jd Att CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK (CLIFF DRIVE AT EL MODENA AVENUE) Approved by the Rity Council this 12th day of Jul 1976. 'Doris George, City Cler CONTRACT NO. 1800 SUBMITTED BY: D. W. CONTRACTING COMPANY Contractor 1504 Caribbean Way Address CITY CLERK Laguna Beach, California 92651 City (714) 494 -0108 Phone Nos. 1 and 2) CITY COUNCIL AWARDED CONTRACT WITH OPTIONAL DEDUCTIVE BID ITEM NO. 3 RESULTING IN A TOTAL CONTRACT AMOUNT OF $25,433.50 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK CONTRACT NO. 1800 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 of 2 The undersigned declares that he has carefully examined the location of the porposed work, that he has examined the Plans, Special Provisions, Standard Special Provisions, Standard Specifications, and the Standard Drawings; has read the Notice Inviting Bids; and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 1800 in strict conformance with the plans iden- tified as City of Newport Beach Drawing No. P- 5076 -X (consisting of 5 sheets); the Special Provisions, the Standard Specifications, and the Standard Drawings; and that he will take in full payment for the work the following unit prices for each item of work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT LUMP SUM WRITTEN IN WORDS PRICE PRICE Lump Sum Construct Phase One of Ensign View Park complete in place, except for items listed separately below, for the lump sum price of Twenty -Three Thousand Eight Hundred Thirty -Three Dollars and Fib Cents Lump Sum 3 Each Furnish and install flagpoles, for the unit price of Eight Hundred Dollars and N„ Cents $ Bon DO $_2,40D._OO —_ TOTAL BID WRITTEN IN WORDS (Items 1 and 2) Twppty -Six Thnusand Two Hundred Thirty -Three _Dollars and Fifty - - - - -- Cents $ 26,233.50 0 ! DEDUCTIVE BID ITEMS PR2of 2 The bidder offers to deduct the following lump sum price from his bid in the event the City ^ c +: to include the following deductive item in its award of contract, to wit: ?': QUANTITY ITEM DESCRIPTION TOTAL NO. AND UNIT LUMP SUM WRITTEN IN WORDS PRICE 3. Lump Sum Substitute salt- finish portland cement concrete pavement for stamped concrete pavement shown on the Plans. Deduct the lump sum of Einht Hundred Dollars -- - - - -- and No Cents S 800.00 D. W. CONTRACTING COMPANY Bidder's Name �lDave Whiteaon / 2L-- (AuthorizeSignature) J DATE CONTRACTOR'S LICENSE NO. 272853 __ _ TELEPHONE NO. (714) 494 -0108 CONTRACTOR'S ADDRESS_ 1504.Caribbean Way. Laguna Beach. California r L_ CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS Page 1 SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach. California, until 2:30 P.M. AX19X on the 2nd day of August , 19 76, at which time they will be opened and read, for performing work as follows. CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK CONTRACT NO. 1800 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 and contract documents be returned within 2 weeks after the bid opening. (cont.) 0 E Page la The City has adopted the Standard S ecifications for Public Works Construction (1973 Edition) as prepare y t e out ern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8701 adopted February 9, 1976. 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 contractor shall be responsible for com- pliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department, The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 3 -22 -76 0 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 272853 Classification A Accompanying this proposal is (Cad', Certi le Check, Cas ier s Check or Bon in an amount not less 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. hone Nu er 7 -30 -76 Date D. W. CONTRACTING COMPANY Bidder's Name (SEAL) Owner ut on lgnature Authorized Signature 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: 0 0 Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors 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 subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. Flagpoles Orange Coast Sian Co. 1313 E. Hurter, Santa Ana 2. Rnman'te Sullivan Conc. Textures Pacific Palisades 3. Electrical Smith Elect, Supply 10792 Knott Ave., Stanton 4. 5. 6. 7. 8. 9. 10. 11. 12. 1� I 1 C: �R Authorized Signature ci- Individual Type of Organization (Individual, Co- partnership or Corp.) BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, D. W. CONTRACTING CO. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of ThrPP Thnil- sand Five Hundred and No Dollars ($ 3.500.00 ), 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 CONSTRIICTTON OF PHASF T FNSTGN VTFW PARK CONTRACT NO. 1800 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 26th day of July 19 76 Corporate Seal (If Corporation) D. W. CONTRACTING CD_ _ Principal (Attach acknowledgement of Attorney -in -Fact) Carolyn P. Kliebert, Notary Public AMERICAN MOTORISTS INSURANCE COMPANY Commission Expires June 2. 1979 Surety By S /Edward Simms Title Attorney -in -Fact BID BOND 6SM 166 837 I ORIGINAL SEE CITY CLERK'S FILE-COPY Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, D. W. CONTRACTING CO. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of ThrPP Thnil- sand Five Hundred and No Dollars ($ 3.500.00 ), 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 CONSTRIICTTON OF PHASF T FNSTGN VTFW PARK CONTRACT NO. 1800 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 26th day of July 19 76 Corporate Seal (If Corporation) D. W. CONTRACTING CD_ _ Principal (Attach acknowledgement of Attorney -in -Fact) Carolyn P. Kliebert, Notary Public AMERICAN MOTORISTS INSURANCE COMPANY Commission Expires June 2. 1979 Surety By S /Edward Simms 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 agree- ment 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 arrangement or agree- ment 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 materialman 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 inducement 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 whomsoever 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. __SMave YYitea AAM� AV Subscribed and sworn to before me this 3()+h day of duly , 19 76 . My commission expires: February_ 13,1979 S /William L. Garmon Notary Public 0 0 FOR ORIGINAL SEE CITY.CLERK'S FILE COPY STATEMENT OF FINANCIAL RESPONSIBILITY Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. On file with City Clerk. S /Dave Whitegon, Own Signed Page 6 0 ! 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 1976. County of Orange(Entry �gn) Jim Wahnar 834-W9.1-9; 1975 County of OrangP(Airport Land_ craping) Paul Muychonkn 834-991c) 1976 City of San Juan Capistrano landscaping) Dennis Bushore 493-1171 • • Page 7a PROPOSAL THE FOLLOWING GUARANTEE MUST BE EXECUTED BY THE CONTRACTOR UPON AWARD OF THE CONTRACT "GUARANTEE FOR CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK We hereby guarantee that all work which we have installed under the provisions of Contract No. 1800 of the City of Newport Beach, California, has been done in accordance with the drawings and specifications and that the work as installed will fulfill the requirements included in the specifications. We agree to repair or replace any or all of our work, together with any other adjacent work which may be displaced by so doing, that may prove to be defective in its workmanship or material within a period of one year from date of acceptance of the above - mentioned structure by Owner, except for wear and tear and unusual abuse or neglect. In the event of our failure to comply with the above mentioned conditions within a reasonable period of time as determined by the Owner, after being notified in writing by the Owner, we do hereby authorize the Owner to proceed to have said defects re- paired and made good at our expense, and we will honor and pay the costs and charges therefor upon demand." Signed Ott), General Contractor Date R - Vii' %6 Address Phone No. 4�' "D(ar v FORM OF GUARANTEE Direct all c r= =nce to • �OND # 6SD. 167 784 --t „ Page 8 Los r LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 9, 1976, has awarded to D. W CONTRACTING COMPANY hereinafter designated as the "Principal ", a contract for Construction of Phase One of Ensign View Park (Cliff Drive aV0 #bdena Avenue), Contract No. 1800 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file an the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has exe'Cltali or is about to execute said contract and the terms thereof require the furnishioq:if;d bored iwith said contract, providing that if said Principal or any of his or its.lubeontractors, 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-,. D.W.ggnRACTING COMPANY as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of .":`6 *F,T.VR - 11DUSAND SEVSN.HUNDRED SIXTEEN AND75 /104®QllarS (s 12.716.75 said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that.if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon , Page 9 (Labor and Material Bond - Continued] x Y this bond, as required by the Provl$ dM oi" Section 4205 of the Government Code of the State of California. And said Surety, for value recefred, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications,. In the event that.any principaY.61bove named executed this bond as an individual, it is agreed that the death of any stich principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instru� has been duly executed by the Principal and Surety above named, on the 24 ;.'day of . August 19 76 D W CONTRACTING COMPANY (Seal) Name o .ontractor Principal) Aut hor zed S gnat— ture ajod Tttle Dave,Whitegon, Owner Authorized Sgnature and Title AMERICAN MOTORISTS INSURANCE C(BeEA)9Y Name of urety 685 S. Carondelet Street, L.A,Ca. Address of Surety Signature and Title o �6rzid Agent Edward Simms, Atty -in -Fact Address of gent Telephone No. of Agent STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES) .000teoeeP000Oecooe•o.., .,P._. O i 4", C4ROLYN P. KLI_3r_RT LCa Af +OELpg CbU�Ty ldy Commissio.; Exp;re2 June 2, B79 < ♦ O.00OOOOOPG >POPO'IJGOO�iPOOP00, ON AUG 2 4 1976 19 _ , before me a Notary Public in and for said State, personally appeared Hward Cimmc known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact, Notary'Public l l' ct a? to Los Anrole ., Ca;4licrnia 90057 (213) 383 -2168 KNOW ALL MEN BY THESE PRESENTS, That . BOND # 6SM 167 784 Page 10 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 9. 1976, has awarded to hereinafter designated as the "Princl ", a contract for Construction of Phase One of Fnsion view Park (Cliff Drive at 0. Modena Avenue). Contract No. 1800 in the City of Newport Beach,.instr4ct conformity with the Drawings and Specifications and other contract documents on file in.the office of the City Clerk of the City of Newport Beach-, WHEREAS, said Principal has executed or it about to execute said contract and the terms thereof require the furnishing.of a bond for the faithful performance of said contract; NOW, THEREFORE, We, D.W. CONTRACTING COMPANY as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of THIRTY THREE 25,433.50 TyjgmTy RTVF. THOUSAND FOUR HUNDRED AND 50 /100 Dollars ($ said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, 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. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice ..ti Page 11 (Performance Bond - Continued of any such change, extension of 0hei alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrumtht has been duly executed by the Principal and Surety above named, on the 24 day of August 19 76 D.W. CONTRACTING COMPANY (Seal) me o , o��A ntractor (Principal) a �� . / C, . �� gnature an e' Dave Whitegon, Owner XufhoMed Signature and Title 0 aLE CA MOTORISTS INSURANCE COMPSW e of urety 685 S. Carondelet Street, L.A.Ca. Address of urety Signature and Title of ut orized gent Edward Simms, Atty -in -Fact Address of Agent Telephone No. of Agent STATE OF CALIFORNIA COUNTY OF LOS ANGELES) .oe•'J<o >OAOa>OOrrm >isar v>:•z• CAROLYN P KLIE13ERT b 1 6 � <: -1 C'•.LI FI ''CIA LOS ANGELES S COUNTY 4 My G&MMi53I0r Expires June 2, 1979 4 000000000000000000>0000.r 04#4o4 ON AUG 2 4 1976 19 —, before me a Notary Public in and for said State, personally appeared Edward Simms known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. 'AMERICAN MQJORISTS IIVSURANJE COMPAPIY KEMPER INaYN6NC• Home Office: Long Grove, Illinois 60049 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AmEarcAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint A. F. Barker, Jacqueline Rhodes and Edward Simms Los Angeles, California (EACH) its true and lawful agent(s) and attorneys) -in -fad, to make, execute, seal, and deliver during the period beginning with the date of Issuance of this power and ending December 31, 1976, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds THREE HUNDRED THOUSAND DOLLARS ($300,000.00) -- This appointment may be revoked at any time by the A%swR cAN MOTORISTS INsup"cs CGMPANY. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said AmpmcAN MOTORISTS INSURANCE COMPANY as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS. APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1976 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said AmEsIcAN MOTORISTS INSURANCE ComPANY on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: YVOTED, That the President or any Vice President or Secretary or any Assistant Secretary of the Company shall have power and authority to appoint Mania and attorneys in fad, and to authorize them to execute on behalf of the company, and attach the sal of the company thereto, bonds and undrrtakings, remgoiaa na, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptable of procuLn This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Company, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney � want t resolution adopt by the Board of Directors on May 16, 1962, and any such continue to be valid and binding upon the Company." In y �OOg to which it b attached, shall In TEsrnroNY WzmxoF, the AMERrcAN MOTORISTS INSURANCE Co3eANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this ............ 17t h......... ....................... day 1975— Attested and Certified: ;M,� AMERICAN MOTORISTS INS✓URRAANNCCE COMPANY G. H. Kasbohm Assistant Setramry Sy T. M. Parton Second Vice President STATE OF ILLINOIS ! as COUNTY OF COOK J I, Milton S. Wolke, a Notary Public, do heraby certify that T. M. Patton and G. H. Kasbohm personally known to me to be the same persona whose names are respectively as Second Vice President and Assistant Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally admowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instru- ment as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth sa-i'll My commission expires: Apn1 2, 1995 Milton S. Wolke —Notary Public CERTIFICATION I, H. C. Fall, Assistant Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney behalf Rhodes and and _ Edwa_rd Simms, Los Angeles,_ California fxMe LaEY] .IS a rue an his ct copy and d the same has been in full force and effect since the date thereof and u in full force and effect on the date of this certificate; and I do further certify that the said T. M. Patton and G. E. Kasbohm who executed the Power of Attorney as Second Vice President and Assistant Secretary respectively were on the date of the execution of the Attached Power of Attorney the duly elected Second Vice President and Assistant Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this. 24 day of August! , 19715 OP q. C � H. G FW 1 Assistant Secretary Tbis Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 364 -3 1 -72 5M GENERAL CERTIFICATE A a A LIMITED 1963 PRINTED IN u.a.A • • Page 12 CONTRACT THIS AGREEMENT, made and entered into thi day o '197-6 , by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and D. W. CONTRACTING COMPANY 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 CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK (CLIFF DRIVE AT EL MODENA AVENUE), CONTRACT NO. 1800 and to perform and complete in a good and.workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefor 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 peg°. -diem wages for each craft or type of workman needed to execute the contract and.a4chedule containing such information is included in the Notice Inviting Bids and is''ncorporated 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.OFINEWPORT BEACH, CALIFORNIA ATTEST: City C er ® Contractor (SEA V) By: Title By: Title • ! CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK Contract No. 1800 TABLE OF CONTENTS CONTRACT DOCUMENTS FOR CONSTRUCTION NOTICE INVITING BIDS DESIGNATION OF SUBCONTRACTORS BIDDER'S BOND TO ACCOMPANY PROPOSAL NON- COLLUSION AFFIDAVIT STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE REFERENCES FORM OF GUARANTEE PROPOSAL FORM SPECIAL PROVISIONS • CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK Contract No. 1800 SPECIAL PROVISIONS INDEX XIII. UNFORESEEN DIFFICULTIES . . . . . . . . . . . . . . . . . . 4 XIV. TESTS AND INSPECTIONS . . . . . . . . . . . . . . . . . . . 4 XV. SHOP DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . 4 XVI. ROUGH GRADING . . . . . . . . . . . . . . . . . . . . . . . 4 XVII. ELECTRICAL . . . . . . . . . . . . . . . . . . . . . . . . 4 i. July 12, 1976 Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . 1 II. ADMINISTRATION OF THE CONTRACT . . . . . . . . . . . . . . . 1 III. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. AWARD AND EXECUTION OF THE CONTRACT . . . . . . . . . . . . 2 V. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . 2 VI. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. FEES, LICENSES, AND PERMITS . . . . . . . . . . . . . . . . 3 VIII. CLARIFICATIONS AND INTERPRETATIONS . . . . . . . . . . . . . 3 IX. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . 3 X. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 XI. ELECTRICAL SERVICE. . . . . . . . . . . . . . . . . . . . 3 XII. PROTECTION OF EXISTING UTILITIES . . . . . . . . . . . . . . 3 XIII. UNFORESEEN DIFFICULTIES . . . . . . . . . . . . . . . . . . 4 XIV. TESTS AND INSPECTIONS . . . . . . . . . . . . . . . . . . . 4 XV. SHOP DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . 4 XVI. ROUGH GRADING . . . . . . . . . . . . . . . . . . . . . . . 4 XVII. ELECTRICAL . . . . . . . . . . . . . . . . . . . . . . . . 4 i. July 12, 1976 0 0 SP 1 of 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS XQI CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK (CLIFF DRIVE AT EL MODENA AVENUE IN THE CITY OF NEWPORT BEACH) Contract No. 1800 I. SCOPE OF WORK The work to be done under this contract consists of furnishing all labor, equipment, transportation, material and services necessary to complete the work shown on the Plans to be done under this contract, complete in place, in- cluding all necessary appurtenant work. The work shown on the Plans to be done under this contract, includes clearing and grubbing; rough grading; construction of portland cement concrete sidewalks, steps, walls, seat walls, bands and mow strips; construction of a drainage system and a lighting system; furnishing and installing 3 flagpoles; and furnishing construction staking. Work that is shown on the Plans but is not included in this contract includes fine grading; herbicide application, soil preparation; planting; construction of an irrigation system; replacement of curb and gutter; and connecting the new lighting system to an existing power supply. The contract requires completion of all work in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. P- 5076 4), (3) the City's Stan- dard Special Provisions and Drawings, and (4) the City's Standard Specifica- tions. The City's Standard Specifications are the Standard Specifications for Public Works Construction, 1973 edition. Copies may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. Copies of the City's Standard Special Provisions and Drawings may be purchased from the Public Works Department at a cost of $5 per set. II. ADMINISTRATION OF THE CONTRACT A. The Public Works Director of the City of Newport Beach shall administer this contract. 1. Any place where the words "architect ", "landscape architect ", "owner" or "manager" appear in the Specifications, the words shall be under- stood to refer to the Public Works Director of the City of Newport Beach or his authorized representative. 0 . SP2of5 2. Any change order issued to the contractor shall be void unless it is in writing and signed by the Public Works Director or his authorized representative. B. The Standard Specifications of the City of Newport Beach shall govern: (a) contractual relationships between the parties to this contract; and (b) construction methods. III. GUARANTEE Unless otherwise specified, the Contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all materials and all workmanship against any defects whatsoever. Any such defects shall be repaired at the Contractor's expense. IV. AWARD AND EXECUTION OF THE CONTRACT A. Award of Contract: The award of the contract will be to the lowest respon- sible bidder whose proposal complies with all requirements described in the contract documents. Each bidder is required to include a price in his bid for the Deductive Bid Item (No. 3) listed in the Proposal. Failure to do so will cause the entire bid to be considered non - responsive to the call for bids. The low bid for the contract will be determined by the total amount bid for Items 1 and 2 inclusive. The City reserves the right to substitute less expensive pavement in place of the stamped concrete pavement shown on the Plans. This right will be exercised by specifying in the award of contract that the City wishes to include Bid Item No. 3 in the contract. The award of contract, if made, will be made within 30 days after the opening of the bids. B. Execution of Contract: The contract and guarantee shall be signed by the successful bidder and returned, together with the contract bonds, within 10 calendar days after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract by the City. The date of the contract shall be the date that the contract is executed by the City. V. TIME OF COMPLETION Within five (5) calendar days after the execution of the contract by the City, the City shall issue a notice to proceed. The contract shall be completed within forty -five (45) calendar days from the date of the notice to proceed. VI. PAYMENT The prices bid for the various items of work shall, unless otherwise stated, include full compensation for all labor, materials, tools, equipment and inci- dentals necessary to the completed work. Compensation for all work shown on • • SP3of5 the plans and described in the specifications, but not separately provided for in separate items in the bid proposal, shall be indluded in the price bid for Item No. 1. Bid Item No. 1: The lump sum price to be paid for Item No. 1 includes, but is not limited to, payment for clearing, grubbing, rough grading, construction of portland cement concrete sidewalks, steps, walls, seat walls, bands, mow strips, construction of a drainage system and a lighting system, furnishing and installing three flagpoles, and construction staking. VII. FEES, LICENSES & PERMITS All fees for City permits will be waived by the City; except that each contractor and subcontractor must have a valid City business license purchased at his own expense. Any contractor or subcontractor doing any electrical or plumbing work shall apply for and obtain the necessary permits from the Community Development Department. VIII. CLARIFICATIONS AND INTERPRETATIONS Requests for clarifications and interpretations of the bid documents shall be made to the following person: Kenneth L. Perry, Telephone (714) 640 -2281, Public Works Department, 3300 W. Newport Blvd., Newport Beach, Calif. 92663. IX. CONSTRUCTION SURVEY STAKING Field surveys for the 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 surveyor or civil engineer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. X. WATER Water for the construction is available at the existing 2 -inch water meter in the park. The City will pay for water used by the contractor during the construc- tion of the park. XI. ELECTRICAL SERVICE The contractor may use electricity from the existing electrical service in order to perform his work. XII. PROTECTION OF EXISTING UTILITIES Known utilities are indicated on the plans. The contractor shall arrange for each utility company to locate facilities prior to performing work. The con- tractor shall protect in place and be responsible for, at his own expense, any damage to any utilities encountered during construction. u XIII. UNFORESEEN DIFFICULTIES • SP4of5 Should unknown conditions, subsurface or otherwise, be discovered during the progress of the work, the City shall be notified immediately. The City will then make a determination as to whether these conditions constitute extra work and so notify the Contractor in writing. XIV. TESTS AND INSPECTIONS A. Tests required by the contract documents will be paid for by the City B. The owner shall be the only person empowered to direct tests to determine compliance or non - compliance with requirements of the work. XV. SHOP DRAWINGS The Contractor shall furnish to the Engineer such working drawings, data on materials, and equipment and samples as are required for the proper control of the work. XVI. ROUGH GRADING Grade all lawn and planting areas to the elevations indicated on the drawings. Grades not otherwise indicated shall be uniform levels or slopes between points where elevations are given. Minor adjustment of grades shall be made at the direction of the Landscape Architect, if required. Finish grade shall be a smooth, even, and uniform plane without abrupt change of surface. Slope soil areas to allow a natural run -off of water, and direct surface drainage as indicated on the drawings by remodeling surfaces to facilitate the natural run -off of water. Grade low spots and pockets to drain properly. Finish grade of all planting and lawn areas shall be one inch below grade of adjacent pave- ment of any kind. Rough grade shall be graded to within 1 /10 of 1 foot of elevation shown on the plans. XVII. ELECTRICAL General All materials shall be new, as shown on plan, shall conform with A.S.A I.E.E.E., N.E.M.A., N.B.F.U. and shall be U.L. labeled. Conduit A. Fiber conduit shall be Type 1 and shall be used in concrete encased underground installation for power service. All riser bends shall be galvanized rigid steel conduit wrapped with Hunts Process No. 3. Provide a code sized insulated conductor (green) ground wire in conduit for continuity of equipment ground. B. PVC schedule 40 shall be used for branch circuit conduits below grade. Install a code sized insulated conductor (green) grounding conductor for continuity of equipment ground. Conduit Installation A. Provide junction or pull boxes where required for pulling conductors due to excessive number of bends or length of conduit runs. SP5of5 B. Bury underground conduit to a depth of not less than 24 inches below finish grade. C. Re -route conduit where necessary to clear structural and mechanical obstructions. D. Install long radius bends (9 times the diameter of conduit) in underground service conduits and in other long underground runs in excess of 100 feet. Wire and Cable Conductors shall be copper #12 AWG minimum unless specifically noted otherwise on the drawings. Conductors #10 AWG and smaller shall be solid and #8 AWG and larger shall be stranded. A. Type THW, 600 volt, insulation shall be used for all feeders. Installation of Conductors A. Conductors shall be continuous between outlets or junction boxes and splices shall be made except in outlet boxes, pull boxes, panelboard jutters or hand - holes. B. All joints, splices and taps #10 and smaller (including fixtures pigtails) connected with "Ideal" wing nuts or Scotchlok connectors, #8 and larger connected with solderless connector of 100% electryltic copper. C. Oil or grease shall not be used when pulling conductors. Approved cable lubricants only. Conductors shall not come in contact with earth or laid out on concrete slabs while being installed. D. Install a polyvinyl -rope pull wire in all empty conduits. E. Receptacles shall be Hubbell 5242 (Brown) mounted in a weatherproof box, or approved equal by Sierra, Leviton, Bryant, Slater or Arrow -Hart. F. Plates for all switches, receptacles, telephone and blanked outlets shall be Sierra P -Line (Brown). Plates shall have engraved lettering where indicated on drawings. G. Lighting fixtures shall be type as indicated on lighting fixture schedule and shall be underwriters' approved. H. Lamps shall be General Electric, Westinghouse, or Sylvania. Type of lamp and wattage as shown on fixture schedule on drawings. • CITY OF NEWPORT BEACH 0 CERTIFICATE OF INSURANCE FOR CONTRACT WORK FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. 1800 MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE Project Description: Construction of Phase One of Ensi Drive at E1 Modena Avenue n View Park (Cliff This is to Certify that the Fireman's Fund Insurance Company Name o Insurance ompany has issued to David Forrest White on DBA' D. W. Contracting Company Name of Insured m4 Caribbean Way, Laguna Beach Ca. 92651 ress of Insure the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. Woz This policy includes at least the following coverages: ,e ial ) to jal a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder Named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. OWNED AUTOS COVERED AND NON -OWNED AUTOS COVERED g. Broad Form Property Damage. $500, 000/$1, 000., 000 - B.I. h. Marine or Aviation (when applicable). $500,000 - P.D. Name of Agency or Broker: Hill Insurance Address of Agency or Broker: P. 0. Box 837, Laguna Beach, Ca. 92652 Telephone No. 494 -8oO8 Countersigned by: urance ve Effective date of this endorsement: August 18 19 76 , Endorsement No. o icy Term Limits of Lia ilit Covera a 1'c No. Each Occurrence (Minimum: Aggregate (Minimum: $500,000) $ 500,000 Protecti, $1,000,000 Products $ 500,000 Contracti H W C MPLETE INFOR TION BELOW Policy No. $5009000 - B.I. COMPREHENSIVE LIAB. Combined Single Limit Bodily Injury or Property Damage LC 239 46 01 From:9 18.74$500,000 To 1,000,000- B.I. - P.D. $ $ 500,00 rotecti $1,000,00CProducts $ 500,0oCcontract Each Occurrence ker's Com ensat on Policy WCZ2149791 Exniresn 9.25.7 - Statutory Limits This policy includes at least the following coverages: ,e ial ) to jal a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder Named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. OWNED AUTOS COVERED AND NON -OWNED AUTOS COVERED g. Broad Form Property Damage. $500, 000/$1, 000., 000 - B.I. h. Marine or Aviation (when applicable). $500,000 - P.D. Name of Agency or Broker: Hill Insurance Address of Agency or Broker: P. 0. Box 837, Laguna Beach, Ca. 92652 Telephone No. 494 -8oO8 Countersigned by: urance ve Effective date of this endorsement: August 18 19 76 , Endorsement No. August 9, 1976 CITY COUNCIL AGENDA r,. ITEM NO. G -13 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK (CONTRACT 1800) RECOMMENDATIONS: 1. Reject the bid of La Palma Equipment Rental'Coro. because it is non - responsive to the Notice Inviting Bids. 2. Reject the bid of Roy Barnett because it is non- responsive to the Notice Inviting Bids. 3. Adopt a resolution awarding the contract to D. W. Contracting Co.; including Deductive Bid Item No. 3 in the award (substi- tuting standard concrete for stamped concrete); for a total contract amount of $25,433.50; and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: On August 2, 1976 at 2:30 P.M. the City Clerk opened and read four bids for the construction of Phase One of Ensign View Park: Optional Bidder Total Bid Deductive Item LaPalma Equipment Rental Corp., $25,400.00 - $300.00 . Yorba Linda Roy C. Barnett, 26,000.00 - 500.00 Riverside D. W. Contracting Company;,: 26,233.50 - 800.00 l Laguna Beach .. ... :_ ..... _ _.- .., . ........��/ Markel Cement Contractors, Inc., 34,855.00 - 600.00 Costa Mesa The City's estimate for the total bid was $23,000. The Notice Inviting Bids provides that the following contract docu- ments must be completed, executed, and returned with the sealed bid: A. Proposal B. Designation of Subcontractors C. Bidder's Bond (or cash, certified check, or cashier's check) D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References �1 i August 9, 1976 Subject: Construction of Phase One of Ensign View Park (Contract 1800) Page 2. LaPalma Equipment Rental Corp, submitted only a proposal and a cashier's check. Roy C. Barnett submitted only a proposal and a bidder's bond. The other two bidders submitted all required items with the sealed bids. The recommendation that the two lowest bids be rejected as non- responsive to the Notice Inviting Bids is based on the fact that these bidders did not meet the requirements set forth clearly in the Notice. The proposal consists of three item. The total price bid for Items No. 1 and 2 consists of the total bid for the work, and is to be used to compare Tow bids. Bid Item No. 3 is an optional bid item that allows the City to substitute plain concrete for the stamped concrete shown on the plans. The park was designed by Courtland Paul, Arthur Beggs and Asso- ciates, of Corona del Mar. The work covered by this contract consists only of rough grading, concrete work, lighting, and flagpoles. The irrigation system, fine grading, soil preparation, and planting will be done at a later date as money and materials become available. The existing curb and gutter, which has settled, will be replaced prior to construction of new sidewalk under this contract. Funds for this project were originally appropriated in the 1975 -76 fiscal year. When the contract was previously advertised, all bids were rejected (on June 14), the plans were revised, and the contract re- advertised. Because the funds were not encumbered in the 1975 -76 fiscal year, it is now necessary to adopt a budget amendment re- appropriating the funds. A budget amendment in the amount of $30,000.00 has accordingly been prepared for Council consideration. This amount provides for $25,433.50 for the construc- tion contract; and $4,566.50 for curb reconstruction, purchase of materials to be installed by City forces, testing, etc. (The original appropriation was $30,000, with a budget amendment of $16,200 adopted on June 14, 1976 for a total,of $46,200. Of this amount, $4,000.00 was expended for the Landscape Architect's fee and $564.16 for miscellaneous expenses in F.Y. 1975776.) Several private parties either have contributed, or will contribute funds for purchasing individual items for the park. lic`Wbrks Director Ili Parks, Beaches & RecMAtion Director 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK (CLIFF DRIVE AT EL MODENA AVENUE) CONTRACT NO. 1800 SUBMITTED BY: Contractor 4 50� Cove" (nLedv+ Address a q y rva OkQ91 , .6A,,l C i ty'j Approved by the ity Council this 12th day of Jul 1976. Phone -Doris George, City Cler iP eW 2 33 Total Bid Price The Total of Items Nos. 1 and 2) 0 6 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures,,.the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 7 '12 3 Classification_ 47. Accompanying this proposal is f3-,Ue a o wa, (Cash, Certified Check, Cas ier s C ec or in an amount not less 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. fly-- ZAA4— ©lf) 9 Phone Number - 7 -3`0--7 G Date Bidder's Name ,�-,` SEAL)� Authorized ignature Authorized Signature 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: 0 DESIGNATION OF SUBCONTRACTORS 6 Page 3 The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors 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 subcontractors except upon the prior approval of the Engineer. Item of Work 2. 3. 4. 5. 6. 7. B. 9. 10. 11. 12. Subcontractor Address M Bidders N e / Authorized ze i gna Type of Organization (Individual, Co- partnership or Corp.) Address U • i. 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 agree- ment 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 arrangement or agree- ment 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 materialman 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 inducement 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 whomsoever 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 th i s3o,#/ day of 19_. My commission expires: �E.B�A�V i3, /979 WILLIAM L. GARMON NOTARY PUBLIC • CALIFORNIA ip PRINCIPAL OFFICE IN ORANGE COUNTY Commimlon Expires Febluary 13, 1979 ROBERT L GAMEZ Certified Public Accountant 920 Glenneyre Street, Suite -D Laguna Beach, California 92651 (714) 494 -1034 David F. Whitegon D.W. Contracting Laguna Beach, California The accompanying balance sheet for David F. Whitegon, dba D.W. Contracting, as of January 31, 1976, was not audited by me and accordingly I express no opinion thereon. e February 5, 1976 0 RECEIVED PUBLIC WORKS AUG9 1976► CITY OF NEWPORT BEACH, CALIF. 4 DAVID F. WHITEGON dba - D.W. CONTRACTING BALANCE SHEET January 31, 1976 ASSETS Current Assets Cash in Bank Accounts Receivable Inventory Cash Surrender Value -Life Insurance Fixed Assets Auto Truck Less: Depreciation Other Assets Residence -at Fair Market Value Bare Land -10 Acres- Lancaster, Calif Yard Site - Laguna Canyon Furniture and Fixtures Sailboat and Trailer Furs and Jewelry LIABILITIES AND NET WORTH Current Liabilities Accounts Payable -Trade Accounts Payable -Other Payroll Taxes Payable Income Taxes Payable Security Pacific Bank -Truck Loan Provident Mutual Life Security Pacific Bank Other Liabilities Mortgage- Residence Mortgage- Lancaster Property Mortgage -Yard Site - Laguna Canyon 1st Trust Deed 2nd Trust Deed Net Worth See Accountants Letter UNAUDITED ,.° RECEIVED PUBLIC WORKS AUG9 1976ir- CITY OF \NEWPORT BEACH, o CALIF. $ 16,613 28,346 6,500 3,552 $ 55,011 4,200 2,400 6,600 2,624 115,000 26,250 45,000 15,000 2,000 2,000 3,976 205,250 $ 264,237 $ 18,514 250 300 300 791 2,590 10,000 $ 32,745 23,338 1,641 20,738 8,929 54,646 176,846 $ 264,237 Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a sti; nt of the work of similar character to that proposed herein which he has pered and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. V� ��i7 1 awJ r Ago ar,�sr »as �5/� " /►s✓� 49.3 -//7 t ) 1 igne • • PR l of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK CONTRACT NO. 1800 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the porposed work, that he has examined the Plans, Special Provisions, Standard Special Provisions, Standard Specifications, and the Standard Drawings; has read the Notice Inviting Bids; and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 1800 in strict conformance with the plans iden- tified as City of Newport Beach Drawing No. P- 5076 -X (consisting of 5 sheets); the Special Provisions, the Standard Specifications, and the Standard Drawings; and that he will take in full payment for the work the following unit prices for each item of work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT LUMP SUM WRITTEN IN WORDS PRICE PRICE Lump Sum Construct Phase One of Ensign View Park complete in place, except for items listed separately below, for the lump sum price of Dollars o and So SO � ��ents $ �3 a'°._'-i3 = $ 23 Lump Sum —�— 3 Each Furnish and install flagpoles, for the unit price of Dollars and r� Cents $ + $4t� Each TOTAL BID WRITTEN IN WORDS (Items 1 and 2) Dollars and Cents • PRZof2 DEDUCTIVE BID ITEMS The bidder offers to deduct the following lump sum price from his bid in the event the City to include the following deductive item in its award of contract, to wit: I' gUANTiTY ITEM DESCRIPTION TOTAL -- N0. AND UNIT LUMP SUM WRITTEN IN WORDS PRICE 3. Lump Sum Substitute salt- finish portland cement concrete pavement for stamped concrete pavement shown on the Plans. Deduct the lump sum of Cic_w0�� Dollars and Y 6 Cents S ! r CONTRACTOR'S LICENSE CONTRACTOR'S ADDRESS Bidder's Name Authorized Signature DATE 7-30­76 / 6 TELEPHONE NO. %/4 -4F4- 10o Direct all correspondence to — AL BARKER BONDS AMERICAN MOTORISTS INSURANCE COMPANY 685 Carondelet Street Los Angeles, California 90057 BID BOND 6SM 166 837 I (213) 383.2168 KNOW ALL MEN BY THESE PRESENTS: That We, D.W. CONTRACTING CO. as Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto the CITY OF NEWPORT BEACH as Obligee, in the sum of THREE THOUSAND FIVE HUNDRED AND NO /100---------- - - - - -- DOLLARS, lawful money of the United State of America, to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for: CONSTRUCTION OF PHASE I ENSIGN VIEW PARK A according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the American Motorists Insurance Company as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. Signed, Sealed and Dated this July 26, 1976 AMERICAN MOTORISTS INSURANCE COMPANY BY: tb'o a-J Edward Simms Attorney-in-Fact D.W. CONTRACTING CO. BY: / /(sew —C 0 M ��_ ' e Tim ��r �. ` \ .. ..: u.. � �= .... ... �'r. � .. �. ... .. i STATE OF CALIFORNIA 1 ss. COUNTY OF LOS ANGELES 1 �♦o♦oe♦e♦eoo•♦oec•a•soeoo•o••• • CAROLYN P. KLIEBERT • b;'� zJ NO TP.RY FUT JG • PR!Pif!PpL OFFIC.E F!CE 'N :N 0 ♦ �= LOS ANGELES COUNTY � My Commission Expires June 2, 1979 ♦H♦♦ ♦♦o♦ ♦aoo♦♦0000•000••oos•. ON JUL 2 6 1976 19 —, before me a Notary Public in W&Wdsa ,&gte, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. AMERICAN h10ARISTS INSURANCOCOhIPA'-TY' KEMPER Na UwwNCR Home Office: Long Grove, Illinois 60049 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint A. F. Barker, Jacqueline Rhodes and Edward Simms Los Angeles, California (EACH) its true and lawful agent(s) and attorney(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1976, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings' provided the amount of no one bond or undertaking exceeds THREE HUNDRED THOUSAND DOLLARS ($300,000.00) -- This appointment may be revoked at any time by the AMERICAN MOTORISTS INSURANCE COMPANY. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the Said AMERICAN MOTORISTS INSURANCE COMPANY as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1976 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said AMERICAN MOTORISTS INSURANCE COMPANY on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vitt President or Secretary or any Assistant Secretary of the Company shall have power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizarims, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of \lay, 1963: "NOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Company, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile an any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In TESTIMONY WHEREOF, the AMERICAN MOTORISTS INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this ............... 1Zth ................................ J day of ---......- J.a lUary------ --- --- ---- ------------- -- ---.., 197-. Attested and Certified: G. H. Kasbohm Assistant Secretary STATE OF ILLINOIS 1 COUNTY OF COOK ( as I, Milton S. Welke, a Notary Public, do hereby certify that T. M. Patton and G. H. Kasbohm personally known to me to be the same persons whose names are respectively as Second Vice President and Assistant Secretary of the American ,liotorists Insurance Company, a Corporation of the State of Illinois, subscriber) to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the slid instru- ment as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth 1fy commission expires: April 2, 1975 -:� - ......................................... ..................... ..................Notary Public Miton S. Wo1k e CERTIFICATION I, H. C. Fall, Assistant Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated .... ..... January ... . zZ,.- 1.9Z5 .... - ....... ........... on behalf of ..A...F.......Har.ke.r.......J aC.quellne....... Rhodes and Edward Simms, Los Angeles, California (EACH) ....._..._ ...... ..... ....... -- .... , ................................................................................... ... ._......--------- ........... ..is a true and correct copy and that the same hu been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said T. Al. Patton and G. H. Kasbohm who executed the Power of Attorney as Second Vice President and Acixtant Secretary respectively were on the date of the execution of the Attached Power of Attorney the duly elected Second Vice President and Assistant Secretary of the American SloturisLs Insurance Company, IN TESTIMONY WHEREOF, I have hereunto subscribed my neasmeaand affixed the corporate seal of the American Motorists Insurance Company on this ..._....._........ -..day of ------ - -. {U JUL-2-6 iz!6....__._. 19........... (X- _..-.._......_............._..._--...._ . ... �_J....... ...—...t.— Assistant Secretary H_C Fall This Power of Attornev limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 64.3 1 -72 5M GEN Ft*t- CERTIFICATE A Q A LIMITED 1963 PRINTED IN U.S.A. AMERICAN MOTORISTS INSURANCE COMPANY By. .............. .. _---.--. ---- -._.........- -- ° °-------... T. M. Patron Second Vice President I, Milton S. Welke, a Notary Public, do hereby certify that T. M. Patton and G. H. Kasbohm personally known to me to be the same persons whose names are respectively as Second Vice President and Assistant Secretary of the American ,liotorists Insurance Company, a Corporation of the State of Illinois, subscriber) to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the slid instru- ment as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth 1fy commission expires: April 2, 1975 -:� - ......................................... ..................... ..................Notary Public Miton S. Wo1k e CERTIFICATION I, H. C. Fall, Assistant Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated .... ..... January ... . zZ,.- 1.9Z5 .... - ....... ........... on behalf of ..A...F.......Har.ke.r.......J aC.quellne....... Rhodes and Edward Simms, Los Angeles, California (EACH) ....._..._ ...... ..... ....... -- .... , ................................................................................... ... ._......--------- ........... ..is a true and correct copy and that the same hu been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said T. Al. Patton and G. H. Kasbohm who executed the Power of Attorney as Second Vice President and Acixtant Secretary respectively were on the date of the execution of the Attached Power of Attorney the duly elected Second Vice President and Assistant Secretary of the American SloturisLs Insurance Company, IN TESTIMONY WHEREOF, I have hereunto subscribed my neasmeaand affixed the corporate seal of the American Motorists Insurance Company on this ..._....._........ -..day of ------ - -. {U JUL-2-6 iz!6....__._. 19........... (X- _..-.._......_............._..._--...._ . ... �_J....... ...—...t.— Assistant Secretary H_C Fall This Power of Attornev limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 64.3 1 -72 5M GEN Ft*t- CERTIFICATE A Q A LIMITED 1963 PRINTED IN U.S.A. By y[;; < +:y L RESOLUTION NO. 8862 CITY oi= 0' 41; w + AT gpcAC.F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO D. W. CONTRACTING COMPANY IN CONNECTION WITH PHASE ONE, ENSIGN VIEW PARK, CONTRACT NO. 1800 WHEREAS, pursuant to the notice inviting bids for work in connection with Phase One, Ensign View Park, in accordance with the plans and specifications heretofore adopted, bids were received on the 2nd day of August, 1976, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is D. W. Contracting Company; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of D. W. Contracting Company for the work in the amount of $25,433.50, including Deductive Bid Item No. 3 (substituting standard concrete for stamped concrete) 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. ATTEST: City ADOPTED this 9th day of August , 1976. DDO /bc 8/9/76 7" a 4 S I 4' L a� tL O ¢ J { 1 Ja 'a V v s�. �e c O �7 v 6 SQ {V 8su W fY _W O g F- U W ®d. 0 August 11, 1976 La Palma Equipment Rental 18851 Eiideway Drive Yorba Linda, CA 92686 Thank you for your bid in connection with Phase I, Ensign View Park, Contract No. 1800. At its meeting on August 9, the Council awarded this contract to D. W. Contracting Company. We are there- fore returning to you your Cashiers Check No. 06769521 on the Yorba Linda Branch of Security Pacific National Bank in the amount of $2,600.00 which was submitted with your bid. Doris George City Clerk DG:dl Encl. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK CONTRACT NO. 1800 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 of 2 The undersigned declares that he has carefully examined the location of the porposed work, that he has examined the Plans, Special Provisions, Standard Special Provisions, Standard Specifications, and the Standard Drawings; has read the Notice Inviting Bids; and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 1800 in strict conformance with the plans iden- tified as City of Newport Beach Drawing No. P- 5076 -X (consisting of 5 sheets); the Special Provisions, the Standard Specifications, and the Standard Drawings; and that he will take in full payment for the work the following unit prices for each item of work, complete in place, to wit: QUANTITY AND UNIT ITEM DESCRIPTION LUMP SUM WRITTEN IN WORDS Lump Sum Construct Phase One of Ensign View Park complete in place, except for items listed separately below, for the 1_um, sum price ollars and tiC Cents Lump Sum 3 Each Furnish and install flagpoles, for the unit price of / ars and b� Cents $ )(; Each TOTAL BID WRITTEN IN WORDS (Items 1 and 2) C\ and C� - Cents CE o� , 00 : O/ $aS.yGC • • DEDUCTIVE BID ITEMS PR2of2 The bidder offers to deduct the following lump sum price from his bid in the event the City to include the following deductive item in its award of contract, to wit: 1 QUANTITY ITEM DESCRIPTION TOTAL N0. AND UNIT LUMP SUM WRITTEN IN WORDS PRICE 3. Lump Sum Substitute salt - finish portland cement concrete pavement for stamped concrete pavement shown on the Plans. Deduct the lump sum of Dollars and tit ' Cents @J' La Palma Equipment Rental Corp. Bidder's Name (Authorized Signature —� DATE August 2, 1976 CONTRACTOR'S LICENSE NO. 299267 TELEPHONE NO. 714 996 3082 CONTRACTOR'S ADDRESS-18851 Hideway Drive, Yorba Linda, Calif. 92686 R\ , i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK CONTRACT NO. 1800 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 of 2 The undersigned declares that he has carefully examined the location of the porposed work, that he has examined the Plans, Special Provisions, Standard Special Provisions, Standard Specifications, and the Standard Drawings; has read the Notice Inviting Bids; and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 1800 in strict conformance with the plans iden- tified as City of Newport Beach Drawing No. P- 5076 -X (consisting of 5 sheets); the Special Provisions, the Standard Specifications, and the Standard Drawings; and that he will take in full payment for the work the following unit prices for each item of work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT LUMP SUM WRITTEN IN WORDS PRICE PRICE Lump Sum Construct Phase One of Ensign View Park complete in place, except for items listed separately below, for the lump sum price of —ti, ✓,y�� Dollars 9C an Cents $2C,1000.00 $ Zu000"gD Lump Sum 3 Each Furnish and install flagpoles, for the unit price of --tW 0 MC to J JC?j4 Dollars and �j, / 0 ' Cents $ td v Each J TOTAL BI_D WRITTEN IN WORDS (Items 1 and 2) Dollars and Cents 26 o C260, 0 o • • • PR2of2 DEDUCTIVE BID ITEMS The bidder offers to deduct the following lump sum price from his bid in the event the City to include the following deductive item in its award of contract, to wit: QUANTITY ITEM DESCRIPTION TOTAL NO. AND UNIT LUMP SUM WRITTEN IN WORDS PRICE 3. Lump Sum Substitute salt- finish portland cement concrete pavement for stamped concrete pavement shown on the Plans. Deduct the lump sum of l%L�1 Dollars r _._ and 0 Cents $ DATE CONTRACTOR'S LICENSE NO. �St '6, -�— TELEPHONE NO. K 69 13 U d CONTRACTOR'S ADDRESS_ . ' 7 0 �QA �P' )D kl (40e zS /-D N ti Bid or Propoml Bond • • The Travelers Indenity Company Hartfordonnecticut (A STOCKAIPANY) KNOW ALL MEN BY THESE PRESENTS, That we ............................. . ----------------------------- .-------------------- ...... -- --------------------------------- ROY C. BARNETT _c: - --- --- --- °-- -------- - - -- ------------------------- ---- -- ------ - -- -------- -- - - - - -_ ------------------------------- (hereinafter called the "Principal'), as Principal, and THE TRAVELERS INDEMNITY COMPANY, a corpora- tion incorporated under the laws of the State of Conneeticut,`and authorized by the Laws of the State of Cali- fornia, to execute bonds and undertakings as sole surety, `"MOrty, are held and firmly bound unto ------- --- ----- --- ----------- -- -------- CITY OF NEWPORT BEACH -------------------- - ..... ................. .. (hereinafter called the "Obligee "), in the sum of._ Ten - .Percent --- OLA 1- _of-- totsl- amount_, Md-.-. ..Dollars ($ ---------------------------------- _), good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED AND SEALED this ---------- 2nd------- --......_........day of- ------ AU Sns- t- ---------- ------- -------- -,A.D. 19.76 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall make any award to the Principal for -_ Ensign View Park (Phase 1) Contract No. 1800 ----------- - ----- -------- -- -- -- ---- _-- ------- ---- --- ---- -- ----------------------------- ---------- -------------- ---- -- ----- ------ ------ ----------------------------------------------------------------------- according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof with The Travelers Indemnity Company, as Surety, or with other Surety or Sureties approved by the Obligee; then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: ----- ------- ------ ---... _.... _---- -------------------------. _. _.. S -602 Rev. 10 -61 PRINTED IN U.S.A. i1I - - - -- _.(SEAL) Roy C Barnett - --- ------ --- --- ----- --- - - -- -------- -- ------- ------ -- - - ---- -(SEAL) ---- -- -- ................ ......(SEAL) THE TILERS INDEMNITY COMPANY, By: J. HA(ng- Attorney -in -Fact rn v, � gn m o x y� a o r oz � 2 � H � n K r o 0 H 0 tz a O Z pd CO O r 1 a State of California ss. County of Los Angeles on this— 2nd day of August , 19 -74_, before me personally came Robert J. Hanna to me known, who being by me duly sworn, did depose and say: that he is Attomey(s) -in -Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the ¢Y -�g _ he signed his name thereto by like autFq}Hin acc rdance wiu.It"I IALy9��A�� Corporation, and that 2. y } LYDIA RC" RIWEZ NOTARY PUBLIC - GALIFORNIP- c PRINCIPAL OFFICE IN - gNG£LES IViy .........srssa... .;Ay commission exairet� C-499 Rev. 243 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK (CLIFF DRIVE AT EL MODENA AVENUE) CONTRACT NO. 1800 SUBMITTED BY: Contractor Address City Approved by the ity Council this 12th day of Jul 1976. Phone 'Doris George, City Cl er ��- Total id Price The Total of Items Nos. 1 and 2) 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 2:30 P.M. XXXX on the 2nd day of August , 19 76, at which time they will be opened and read, for performing work as follows: CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK CONTRACT NO. 1800 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 perser±"igning on behalf of the bidder. For corporations, the signatures of the Presiden or Vice President and Secretary or Assistant Secretary are required and the Corporate Seal shall be affixed to all ocuments 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 and contract documents be returned within 2 weeks after the bid opening. (cont.) Page la The City has adopted the Standard S ecifications for Public Works Construction (1973 Edition) as prepare y t e out ern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8701 adopted February 9, 1976. 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 contractor shall be responsible for com- pliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 3 -22 -76 % 0 0 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. ?J'7 y�QG Classification G —d' Accompanying this proposal is 414 /_10 y!/ rCash, Certified Check, Cas ier s Chi or in an amount not less 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. Phone Number Date' Gpiz�O/Z/�llbi�� Type 6f 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: 0 DESIGNATION OF SUBCONTRACTORS Page 3 The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors 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 subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor r.104 = 1. ,,y,4 /o "-& S `a�iys + ,� c /�• ?8 F,. / /�.�rz.✓ 2. Gosh 40kj •� lr, 3. _,T a. ?NW 5. 8 • 64 9. 10. 11 12 0 Bidders Name ;C Z 44?;K- Authorized Signature �osry ®�1A7`�orl� _ ' Type of Organization (Individual, Co- partnership or Corp.) /b'-� ,�is�i✓/�R'�'f 'Jf-� 1P/i4r/ Address - .% 0 0 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, an Page 4 That we, 5r x- �/jl//c�iE' O.D BPNz::;7 , as Principal, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 19 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) By Title Principal Surety 0 0 Page 5 NON - COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment 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 arrangement or agree- ment 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 materialman 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 inducement 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 whomsoever 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 this.?..( day of , 19 26 My commission expires: ii 4 Notary Public OFFICIAL SEAL JEANNE E. ACHTIEN NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires June 13, 1978 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. Page 6 W��'A Mi —,d 91 0a WO I Wro �Om MM- - M vr- 0 Page 7a „1,11u] THE FOLLOWING GUARANTEE MUST BE EXECUTED BY THE CONTRACTOR UPON AWARD OF THE CONTRACT "GUARANTEE FOR CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK We hereby guarantee that all work which we have installed under the provisions of Contract No. 1800 of the City of Newport Beach, California, has been done in accordance with the drawings and specifications and that the work as installed will fulfill the requirements included in the specifications. We agree to repair or replace any or all of our work, together with any other adjacent work which may be displaced by so doing, that may prove to be defective in its workmanship or material within a period of one year from date of acceptance of the above - mentioned structure by Owner, except for wear and tear and unusual abuse or neglect. In the event of our failure to comply with the above mentioned conditions within a reasonable period of time as determined by the Owner, after being notified in writing by the Owner, we do hereby authorize the Owner to proceed to have said defects re- paired and made good at our expense, and we will honor and pay the costs and charges therefor upon demand." Si gned e'y General Contractor Date Address Phone No. FORM OF GUARANTEE 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. . • PR oft CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF PHASE ONE OF ENSIGN VIEW PARK CONTRACT NO. 1800 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the porposed work, that he has examined the Plans, Special Provisions, Standard Special Provisions, Standard Specifications, and the Standard Drawings; has read the Notice Inviting Bids; and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 1800 in strict conformance with the plans iden- tified as City of Newport Beach Drawing No. P- 5076 -X (consisting of 5 sheets); the Special Provisions, the Standard Specifications, and the Standard Drawings; and that he will take in full payment for the work the following unit prices for each item of work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT LUMP SUM WRITTEN IN WORDS PRICE PRICE Lump Sum Construct Phase One of Ensign View Park complete in place, except for items listed separately below, for the lump sum price of i�i21 /'S _ Dollars and 111a Cents $ 3/ D$ °d Lump Sum 3 Each Furnish and install flagpoles, for the unit price of p1✓� 7j4o�fAA461 lars and Ne _ Cents $ n'k TOTAL BID WRITTEN IN WORDS (Items 1 and 2) tl/�ou�2 /ilo�rsyvD. ��.(�//•'�O, `i�ljih ✓E Do l l a rs and 7 �fJO Cents . PR2of2 DEDUCTIVE BID ITEMS The bidder offers to deduct the following lump sum price from his bid in the event the City to include the following deductive item in its award of contract, to wit: QUANTITY _ ITEM DESCRIPTION ..... ..........._._____ TOTAL __ _ N0. AND UNIT LUMP SUM WRITTEN IN WORDS PRICE 3. Lump Sum Substitute salt- finish portland cement concrete pavement for stamped concrete pavement shown on the Plans. Deduct the lump sum of Si.✓ f�u,�.oit�p Dollars and Cents $ HOD- DD CONTRACTOR'S LICENSE NO.02YZ :K �� CONTRACTOR'S ADORES s Name (duthorized Signaturfl DATE TELEPHONE NO. 4 � e- rG SERETY DEPARTMENT • iL 0 BOND No. 3993985 HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartford Plaza Hartford, Connecticut 06115 (A Stock Company) BID BOND Know All Men By These Presents, That we, Markel Cement Contracting, Inc. as Principal, hereinafter called the Principal, and the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation created and existing under the laws of the State of Connecticut, whose principal office is in Hartford, Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Newport Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid---------------------------------- - - - - -- Dollars ($ 10% ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for Construction of Phase I of Ensignview Park - Contract #1800 Now, Therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. i Signed and sealed this................ 2nd .... ... .................... ......... day of ............ AugURt. ........................................ A. D,49._..7.6 Witness........................................................... ............................... (If Individual) Attest.............. ................... ............................ ........................ ....... (If Corporation) Markel.. ment.. t ing.,....�. HAJ ) Pn � By... ....................... ................. /� F.f.... (SEA. -1 ) .... ....... ... .........:..::... jSEt�il ............................................. ............................... (SEAL) HARTFORD ACCIDE AND IN NINITY OM PANY By..... ................ ... . ... .............. Be y Yost Attorne ifi -Fact Attest............................................................... ............................... (Approved by The American Institute of Architects, A. 1. A. Document No. A -310, Feb.. 1970 Edition) Form S- 3366 -3 Printed in U. S. A. 1210 I h:. .ya z::.. li *TATE OF CALIFORNIA SS. 4COUNTY On this....2nSI ------ .day of - - -A lgldat ................in the year one thousand nine hundred and..rct _eV.C'ntV7.§.1X......... before me, ........... .--- D.. ...Garol ... Leavttt ...... ..... .. san•nwaumaan OFFICIAL SM D. CAROL LFAVITT O NOTARY PUBLIC- CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY a My commission Expires June 20, 1978 ^ L aaaawxwaa mouW ...aa l l0�aaaa lllla..'WVaaaaaj a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared --------- B£.CX'y_ L,....x9At....._.._........ known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and also known to me to be the person...... who executed it on behalf of the Corporation therein named, and ......he...... acknowledged to me that such Corporation executed the same. 9X I,a</,(tjj -A , {,s/JjpJt 41 I have hereunto set my hand and axed my Official Seal, at my office, in the said County, the day and year in this certificate first above written. /��1 �� D iMy Commission will Expire ................. ............................... ....... L`?.`...........S.. �i:/..(:. C! .`.�:5.�:..J............. Form il,%63 -0 Pri ted In U. S A. 3267 Notary Public in and for said County. State of California :zy�r.- •,,! .'�"_.,", Wit'