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HomeMy WebLinkAboutC-1896 - Street improvement, Pacific Coast Highway - 1000 feet east of Balboa Boulevard2 5 197T By the CITY COUNCIL .COUNCIL z <. FROM: Public Works Department July 25, 1977 CITY COUNCIL AGENDA ITEM NO. H -11 SUBJECT: ACCEPTANCE OF STREET IMPROVEMENT PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD (C -1896) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the improvement of Pacific Coast Highway 1000 feet easterly of Balboa Boulevard has been completed to the satisfaction of the Public Works Department. The bid price was: $16,961.00 Amount of unit price items constructed 19,040.00 Amount of change orders 1,294.14 Total contract cost 20,334.14 Funds were budgeted in the General and Gas Tax Funds. The increase in unit price items was due to additional aggregate base required by Caltrans when excavation disclosed unsuitable subgrade materials. One change order was issued. This covered additional excavation and concrete work required by Caltrans, removal of an existing header board, and reconnection of the plastic lining in an OCSD manhole after it had been adjusted to grade. The design engineering was performed by the Public Works Department. The contractor is T. J. Crosby Co. of Santa Ana, California. The contract date of completion was June 10, 1977. The contractor was delayed in starting until June 6, due to difficulties in obtaining insur- ance which was satisfactory to the City. The work was substantially com- pleted on June 17, with final cleanup completed on June 24, 1977. T.► Devlin rks Director :hh I I `PUBLIC NOTICE PUBLIC NOTICE CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS :SEALED. BIDS will be received at the office of the City Clerk,_ City Hall,: Newport Beach, California, until 10:30 AN. on. the 12th. day :of April,. 1977, at which time they .will be opened and read, for performing work as follows: STREET IMPROVEMENTS, PACIFIC COAST HIGHWAY 1000 FEET.EASTERLY OF BALBOA BOULEVARD .. . CONTRACT NO. 1896 ' -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 ''.br ,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, exe- cuted, 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 SEC - RETARY are required and the 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 Ill 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 City has, adopted the STANDARD SPECIFICATIONS FbR:.PUBLIC WORKS CONSTRUCTION (1976 Edition) as prepared by the Southern California Chapters of the Amer - _ican Public Works Association and the Associated General .:Contractors of America. Copies may be obtained from -Building News,, Inc., 3055 Overland Avenue, Los Angeles, - Cilfforaia 90034, (213) 870 -9871, 7, 1 City, has Standard Special Provisions and Stendard 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 A3oads must be an insurance company or surety company licensed by the State of,Calffornia. 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 (Prop - erty - 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,h" aster tafned: the general. prevailing rate of per diem wages" in the locality in whicft4he: wo:k. is to be performed for each craft,. classification(: or type of workman or mechanic needed to execute the contract and has set forth these items in Resolution No. 8950' adopted December 13, 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 compliance with Sectlon. 1777.5 of the California Labor Code for all ap- prenticeable occupations. The contractor shall post a copy of the prevailing wage .:rates at thq 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, DORIS GEORGE, CITY CLERK CITY OF NEWPORT BEACH. CALIFORNIA PUbHsh::March 31, 1977, in the Newport Harbor Ensign., I TO: CITY COUNCIL April 25, 1977 CITY COUNCIL AGENDA ITEM NO. G -1 FROM: Public Works Department SUBJECT: STREET IMPROVEMENTS PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD (C -1896) RECOMMENDATIONS: 1. Permit Hardy & Harper, Inc., to rescind their (corrected) apparent low bid of $16,163.75. 2. Adopt a resolution awarding Contract No. 1896 to T. J. Crosby Co., for $16,961.00, and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Six bids were received and opened in the office of the City Clerk at 10:30 a.m. on April 12, 1977. This project provides for the improvement of approximately 450 feet of the south side of Pacific Coast Highway adjacent to Balboa Coves. The work involves the construction of A.C. shoulder paving, curb and gutter, sidewalk /bike trail, curb access ramps, and a curb inlet to join the exist- ing storm drain. This work completes the roadway improvements between Balboa Boulevard and the Arches interchange on the southerly side of Pacific Coast Highway, and allows a continuous bicycle trail to be designated on the sidewalk. Construction is within State right of way and will be performed under a State Encroachment Permit. (See attached sketch for location of the project.) The bid submitted by Hardy and Harper, Inc. contained discrepancies in the bid items for sidewalk and the bid item for a curb inlet catch basin. The discrepancies were between the price written in words and the price written in figures, with the former totaling $879.50 less than the latter. Corrected Bidder Amount Amount 1. Hardy & Harper, Inc., Tustin $17,043.25 $16,163.75 2. T. J. Crosby Co., Santa Ana 16,961.00 3. Griffith Co., Long Beach 19,133.15 4. Jerry Cross Paving Co., Inc., Costa Mesa 19,260.10 5. Sully- Miller Contracting Co., Orange 21,610.00 6. R. J. Noble Co., Orange 21,682.50 The low bid is 7.8% more than the engineer's estimate of $15,000. The second low bid is 13.1% more than the engineer's estimate. This project provides for the improvement of approximately 450 feet of the south side of Pacific Coast Highway adjacent to Balboa Coves. The work involves the construction of A.C. shoulder paving, curb and gutter, sidewalk /bike trail, curb access ramps, and a curb inlet to join the exist- ing storm drain. This work completes the roadway improvements between Balboa Boulevard and the Arches interchange on the southerly side of Pacific Coast Highway, and allows a continuous bicycle trail to be designated on the sidewalk. Construction is within State right of way and will be performed under a State Encroachment Permit. (See attached sketch for location of the project.) The bid submitted by Hardy and Harper, Inc. contained discrepancies in the bid items for sidewalk and the bid item for a curb inlet catch basin. The discrepancies were between the price written in words and the price written in figures, with the former totaling $879.50 less than the latter. ;t- April 25, 1977 Subject: Street Improvements Pacific Coast Highway 1000 Feet Easterly of Balboa Boulevard (C -1896) Page 2 Their bid total was based on the price written in figures, and the amount would have made them the second low bidder. However, in case of such i discrepancies, the contract provides that the price written in words ; shall prevail over that written in figures. Thus the corrected total would make Hardy & Harper the apparent low bidder. In reviewing the price versus the nature of the work involved, and the prices submitted by the other contractors for the same bid item, it is apparent that Hardy & Harper made a clerical error in filling out the price written in words on the bid proposal form. They have thus requested that they be allowed to withdraw their (corrected) apparent low bid. A copy of a letter from Hardy & Harper is attached. State law allows for such withdrawal in cases of clerical error; and it is recom- mended that the contract be awarded to T. J. Crosby Co. T. J. Crosby Co. is qualified, and has satisfactorily performed similar work for the City in the past. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is June 10, 1977. Gas tax funds are available in the current budget for the work. oseph R. pevlin ublic VWks Director JSW:hh Att. R 2) f 1 HARDY & HARPER ASPHALT PAVING CONTRACTORS TELEPHONE LINCOLN 4.4240 440 W. FIRST STREET TUSTIN, CALIF. City of Newport Beach Public Works Department Attention: Mr. John Walters Sir: April 15, 1977 In reference to contract number 1896 which was bid April 12, 1977. Our bid sum total of $17043.25 was in part misrepresented in item 5 discribed as follows: "Construct catch basin modified type OL -A (L =71,H= 5.221) as shown on the plans, complete in place." Bid was lump sum & type- written as "One thousand ninty -five dollars and no cents." Then unit - priced and total priced 11$1995.001'. The price written in words was in error when transcribed from the bid copy (enclosed) which supports this claim. We submitt that our concrete suncontractor's bid figure was $1266.00 plus $530.00 for steel plate plus mark -up of 10% plus I% bond allowance or (1266 +530)x (.1)x(.01)= 1995.36 rounded to $1995.00 representing our true bid figure. Therefore it is our request that the City of Newport Beach } release Hardy & Harper, Inc. & accept the next bid figure. \ \d7� TTC Sincerely, 455 '1 Victor P. Caliva, President �J Id c: r VDS E 1. 1.3 12' .f OALBOA -F—BIKE COVES tip 5P rn �' NEW PAVING uzq Gurnee n�` �0 u� TYPICAL SECTION v U ' 4 ST.PEET Ii!!R CURBACCESS in m v� V �EJ4,I/iis' • c�dEsl U� U Mcmrr.v Doc(, i /, rURN/NG BASIN mss,, N% �� o0 'o a. (Lo Av LOC.4T /ON M.4/ -' scAL E � i "= 800' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT L /DO r ecrnGE � �E� < IQ DRAWN. L,&Ae DATE APPROVED STREET IAlPRO,vz- "E1vra I PUBLIC WORKS DIRECTOR A4C�,09v COAST H /4917eA 4Y R.E- NO. — /OCOO' I EZY OF Bwz Rao BLVo I nDAWiur un !V / /IDIT TO: CITY COUNCIL FROM: Public Works Department March 28, 1977 CITY COUNCIL AGENDA ITEM NO. H -9 SUBJECT: STREET IMPROVEMENT PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD (C -1896) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 10:30 a.m. on Tuesday, April 12, 1977. DISCUSSION: This project provides for the improvement of approximately 450 feet of the south side of Pacific Coast Highway adjacent to Balboa Coves. The work involves the construction of A.C. pavement, curb and gutter, side- walk /bike trail, curb access ramps, and a curb inlet to join the existing storm drain. This work completes the roadway improvements between Balboa Boulevard and the Arches interchange on the southerly side of Pacific Coast Highway, and allows a continuous bicycle trail to be designated on the sidewalk. Construction is within State owned right of way and will be performed under a State Encroachment Permit. (See attached sketch for location of the project.) The plans and specifications were prepared by the Public Works Department. The estimated date of completion is June 10, 1977. The engineer's estimate for the project is $15,000. Gas Tax Funds are available in the current budget. oseph T. Pevlin ublic Wovks Director hh Att. rtj }1: !E .9' VDS P 4 i i, / gob Sp 0 N 8I ` t i CGI�d�.4�CCE.SS' f10A/fii' e Gov 5 6A00A 12' BALBOA KE COVES TYPICAL SECTION pr-7) CI roefArY Dacx- �f rURNINC BASIN LIDO C , Ma�� •'JD alV R Y C r �jy�a //�� � - 'E'' -, JZ 17 _ST �^ �A4 N\ � S\ L OC.4T /ON 1L1.4R cTCALE� / °800' ti�� +�+ °�•� titixw, _ Y/ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �S'T/?EET IiLfP.POl�E.L1E/VT�S' COAST H /GHLY, ), 1000':` ELY OF d.4LBO4 "kv.. DRAWN. ./•t, DATE 1z�2� -ZB APPROVED PUBLIC WORKS DIRECTOR R.E. NO, DRAWING NO- EX// 1,017 ,4- RESOLUTION NO. 9 06 3 rUnj" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO T. J. CROSBY COMPANY IN CONNECTION WITH STREET IMPROVEMENTS - PACIFIC COAST HIGHWAY - 1000 FEET EASTERLY OF BALBOA BOULEVARD, CONTRACT NO. 1896 WHEREAS, pursuant to the notice inviting bids for work in connection with street improvements - Pacific Coast Highway — 1000 feet easterly of Balboa Boulevard,.in accordance with the plans and specifications heretofore adopted, bids were received on the 12th day of April, 1977, and publicly opened and declared; and WHEREAS, it appears that the.lowest responsible bidder therefore is T. J. CROSBY COMPANY; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of T. J. Crosby Company for the work in the amount of $16,961.00 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 25th ATTEST: City Clerk day of April , 1977. Mayor DDO /bc 4/22/77 August 22, 1977 T. J. Crosby 2836 West 5th Street Santa Ana, CA 92703 Subject: Surety Covenant Mutual Insurance Company Bonds No. 005298 Project Street Improvement Pacific Coast Hwy /1000' easterly Contract No.: 1896 Balboa Blvd. The City Council on July 25, 1977 accepted the work of subject project and authorised the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on July 28, 1977 in Book No. 1231, Page 625. Please notify your surety company that bonds may be released 35 days after recording date. Doris George City Clerk eg cc: Public Works Department PLEASE RETURN TO .,.,,,,,410 44996 CITY CLERK \` nFc CITY OF r4EWPORT BEACH ellUFS F N EXEMPT ?3nn NFIVP-_ DI C4 NEV.'PnPT BEACH, CALIF. 92663 NOTICE OF COMPLETION PUBLIC WORKS 6K 1231 1 PC 625 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. JUL 281977 1. WYLIE CARLYLE, County Recorder T'o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on June 24, 1977 the Public Works project consisting of Street Improvement Pacific Coast Highway 1000 Ft. Easterly of Balboa Boulevard on which T. J. Crosby Co. was the contractor, and Covenant Mutual Insurance Company was the surety, was completed. VERIFICAT I, the undersigned, say: CITY OF NEWPORT BEACH ks Direclor 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 July 26, 1977 at Newport Beach, California. VERIFICATION OF' CITY I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on July 25. 1977 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 July 26, 1977 at Newpo t Beach, California. R£Cvvo£ CITY CC£PF( / NCWPOrtr BEACH, / ,` CAt;F, H 0 9 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd Date: July 26. 1977 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of Strant _ Hwy _ 7000' easterly of Balboa Blvd Contract No. 1896 _ on which T. J. Crosby Co. was the Contractor and Covenant Mutual Insurance Co, was the surety. Please record and return to us. Encl. Very trul yours, Doris George CitV Clerk City of Newport Beach CITY OF NEWPORT BEACH Date May 23, 1977 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1896 Project Street Improvements, Pacific Coast Highway 1000 Feet Easterly of Balboa Boulevard Attached is signed copy of subject contract for transmittal to the contractor. Contractor: T. J. Crosby Co. Address: 2836 West 5th Street, Santa Ana, CA 92703 Amount: $ 16.961.00 Effective Date: 5 -23 -77 Resolution No. 9063 Doris Geo e Att. cc: Finance Department [� Cite Ifall • 3300 Newport Boulevard. Newport Beach. California 92663 9 TO: CITY CLERK FROM: Public Works Department 2 May 19, 1977 SUBJECT: STREET IMPROVEMENTS PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD (C -1896) Attached are four copies of the subject contract documents as well as the insurance certificates.' Please have executed on behalf of the City, retain your copy and the insurance certificates, and return the remaining copies to this office for distribution. Thank you. John S. Wolter Project Engineer JSW:h Att. 07- 8— D7188 -0 *150 5/12/77 - cwh /aj 1 ENDORSEMENT NO. 3 IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF $50,00., IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING IS ADDED AS AN ADDITIONAL INSURED BUT ONLY AS RESPECTS THE OPERATION OF THE NAMED INSURED COVERED UNDER THE POLICY. CITY OF NEWPORT BEACH 3300 W. NEWPORT BLVD. NEWPORT BEACH, CA 92663 IT 1S AGREED THAT THIRTY (30) DAYS WRITTEN NOTICE WILL BE PROVIDED TO THE ADDITIONAL INSURED IN THE EVENT THE POLICY IS CANCELLED. THE INCLUSION OF THE ABOVE ADDITIONAL INSURED SHALL NOT OPERATE TO INCREASE THE COMPANY'S LIMIT OF LIABILITY. All other terms and conditions remain unchanged. Attached to and forming part of No. 155- CO4210 Issuea to_ _ T.J. CRC Effecllve_ 4/22/77 K INTERSTATE FIRE & CASUALTY COMPANY ❑ CHICAGO INSURANCE COMPANY Y Ode i • ,. _ _ � . ��. Chicago Insurance Company • • Interstate Fire & Casualty Company Chicago, Illinois MEMORANDUM OF INSURANCE THIS IS TO CERTIFY THAT THE INSURANCE HEREINAFTER DESCRIBED HAS BEEN EFFECTED T.J. CROSBY 2836 W. 5TH STREET SANTA ANA, CA 92703 PROPERTY OR LOCATION 1 COMMERCIAL UMBRELLA COVERAGE 155- CO4210 POLICY NO. LIMITS OF LIABILITY: SEE NO. 3 POLICY TERM: FROM BELOW 4/22/77 TO 10/1/77 1 (A) BODILY INJURY IS) PROPERTY DAMAGE EACH PERSON EACH OCCURRENCE AGGREGATE EACH OCCURRENCE AGGREGATE 2 BODILY INJURY EXCESS OF $ EACH PERSON $ EACH PERSON $ EACH OCCURRENCE $ EACH OCCURRENCE $ AGGREGATE $ AGGREGATE PROPERTY DAMAGE EXCESS OF $ EACH OCCURRENCE $ EACH OCCURRENCE $ AGGREGATE $ AGGREGATE 3 THE DIFFERENCE BETWEEN $1,500,000. COMBINED SINGLE LIMIT EACH OCCURRENCE /AGGREGATE AND UNDERLYING LIMITS. ADDITIONAL INSURED: CITY OF NEWPORT BEACH - PER ENDORSEMENT #3 TnIY OOCU MCnT I� YYN XIYX CO TO IOU A5 A MATTER OY IXrONMATIOX YXLT. TXC OF Tn13 YOCY M¢XT VVC3 ..I MI. . 1 PERSON OR ORGANIZATION TO WHOM IT IS ISSUED AN ADDITIONAL INSURED, NOR DOES IT MODIFY IN ANY MANNER THE CONTRACT OF INSURANCE BETWEEN THE INSURED AND THE COMPANY. ANY AMENDMENT, CHANGE OR EXTENSION OF SUCH CONTRACT CAN ONLY BE EFFECTED BY SPECIFIC ENDORSEMENT OR NOTICE OF CANCELLATION. SHOULD THE ABOVE MENTIONED CONTRACT OF INSURANCE BE CANCELLED, ASSIGNED OR MATERIALLY CHANGED DURING THE ABOVE SPECIFIED POLICY PERIOD IN SUCH MANNER AS TO EFFECT THIS DOCUMENT, THE COMPANY WILL ENDEAVOR TO GIVE 30 DAYS WRITTEN NOTICE TO THE HOLDER OF THIS DOCUMENT, BUT FAILURE TO GIVE SUCH NOTICE SHALL IMPOSE NO OBLIGATION OF ANY KIND UPON THE COMPANY. ISSUED TO CITY OF NEWPORT BEACH 3300 W. NEWPORT BLVD. NEWPORT BEACH, CA 92663 DATED May 12, 1977 CWH /aj IFC -LIGI (REV. 3/73) fi] CHICAGO INSURANCE COMPANY ❑ INTERSTATE FIRE & CASUALTY COMPANY BY AU TNOPf2ED AEPAESENTAT IVE 1 CITY OF NEWPORT BEACH ' CERTIFICATE OF INSURANCE FOR CONTRACT WOOOFOR CITY IMPORTANT: THIS FORM I5 THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE Project Description: SEE ATTACHED ADDITIONAL END. LAB 608 This is to certify that the HARBOR INSURANCE COMPANY Name of Insurance Company) has issued t0 DBA: T.J. CROSBY CO. ET AL Name of Insured BOX 16489. IR the policy of liability insurance ce IFORNIA 9271 d ress of In fied 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. Policy No. * $500,000.00 EACH OCCURRENCE AND IN THE COMPREHENSIVE LIAR. AGGREGILTE, WHERE APPLICABI Combined Single From: 10/15/7 $ INCLUDED Protecti Limit Bodily Injury 125940 $ INCLUDED Products or Property Damage** To: 10/15/77 $ 100,060 $ INCLUDED Contract Each Occurrence AND IN THE AGGREGATE, WHERE APPLICABLE This policy includes at least the following coverages: a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder Named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: ALLEN JAYNE INSURANCE, INC. Address of Agency or Broker: 1833 WEST OLYMPIC BLVD., L.A., CA. 90006 Telephone No. 382 -6331 ! HARBOR INSURANCE CO. Countersigned by: ` ..... Au ; ns rance Company Representative Effective date of this endorsement: APRIL 21, 19 77 , Endorsement No. 30 re ial ) E Je ual o icy Term L Limits of Liability Covera a i is No. E Each Occurrence I A Aggregate $500,000) $ $ 500,000 Protecti, Products 0 Contracts H W C 0 MPLETE INFO R T TI ON BELOW $ This policy includes at least the following coverages: a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder Named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: ALLEN JAYNE INSURANCE, INC. Address of Agency or Broker: 1833 WEST OLYMPIC BLVD., L.A., CA. 90006 Telephone No. 382 -6331 ! HARBOR INSURANCE CO. Countersigned by: ` ..... Au ; ns rance Company Representative Effective date of this endorsement: APRIL 21, 19 77 , Endorsement No. 30 re ial ) E Je ual Y 0 ENDORSEMENT INsOREo DBA: T.J. CROSBY CO., ET AL PROD. c..ALLEN JAYNE INSURANCE CO. THE EFFECTIVE DATE OF THIS ENDORSEMENT IS APRIL 21, 1977 T YPE OF COVERAGE GENERAL LIABILITY - AUTOMOBILE ADDITIONAL INSURED • NO. U30 (CONTRACTING OPERATIONS - FORM A) POLICY R5 = NO. 125940 REFER NO. BFJ /ICS /TR IT IS AGREED THAT SUCH INSURANCE AS IS PROVIDED BY THIS POLICY FOR BODILY INJURY LIABILITY - EXCEPT AUTOMOBILE, AND PROPERTY DAMAGE LIABILITY - EXCEPT AUTOMOBILE APPLIES TO THE ADDI- TIONAL INSURED NAMED HEREIN BUT ONLY WITH RESPECT TO OPERATIONS PERFORMED FOR SUCH ADDITIONAL INSURED BY THE NAMED INSURED SUBJECT TO THE FOLLOWING PROVISIONS: A CONDITIONS 1. LIMITS OF LIABILITY. THE LIMITS OF LIABILITY AFFORDED THE ADDITIONAL INSURED SHALL NOT EXCEED THE - LIMITS OF LIABILITY REQUIRED BY THE TERMS OR PROVISIONS OF THE PROJ- ECT SPECIFICATIONS,CONTRACT OR AGREEMENT BETWEEN THE NAMED INSURED AND THE ADDI- TIONAL INSURED BUT IN NO EVENT TO EXCEED THE LIMITS OF LIABILITY PROVIDED BY THIS POLICY. 2. THE INSURANCE PROVIDED BY THIS POLICY APPLIES SEVERALLY AS TO EACH INSURED EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIM- IT OF THE COMPANY'S.LIABILITY. INCLUSION HEREIN OF ANY PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED SHALL NOT AFFECT ANY RIGHT WHICH SUCH PERSON OR ORGANIZATION WOULD HAVE AS A CLAIMANT IF NOT SO INCLUDED. 3. NOTICE OF CANCELLATION. THE COMPANY AGREES WITH THE ADDITIONAL INSURED TO PROVIDE THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF REDUCTION IN COVERAGE OR CANCELLATION OF THIS INSURANCE. B EXCLUSIONS. THE INSURANCE PROVIDED BY THIS ENDORSEMENT DOES NOT APPLY TO: 1. DAMAGES ARISING OUT OF ANY PROFESSIONAL SERVICES PERFORMED BY OR FOR THE ADDITIONAL INSURED, INCLUDING: (a) THE PREPARATION OR APPROVAL OF MAPS, PLANS, OPINIONS, REPORTS, SURVEYS, DESIGNS OR SPECIFICATIONS AND 2. LIABILITY ASSUMED BY THE ADDITIONAL INSURED. ADDITIONAL INSURED PROJECT OR CONTRACT DESCRIPTION CITY OF NEWPORT BEACH, CITY CONSTRUCT APPROXIMATELY 450' OF 12' WIDE ST. HALL, 3300 W. NEWPORT BLVD. WIDENING INCLUDING A.C. PAVEMENT, A2 -8 CURB NEWPORT BEACH, CALIFORNIA 92663 AND GUTTER, SIDE WALK, AND DRAINAGE FACILITY, ALSO WHEEL CHAIR RAMPS WITHIN STATE R/W ON PACIFIC COAST HIGHWAY AT BALBOA COVES ORA- 1- p20� .50,�TA�SE SHOWN ITONATHE ATTACHED �PLLA(�NS, R- 5289 -5 V O TN[ T6RMS,ICONDITI6P IJR LIMITA4f6!I OP THE NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND 5289 ANY OF POLICY TO WHICH THIS ENDORSEMENT 15 ATTACHED OTHER THAN AS ABOVE STATED. HARBOR INSURANCE COMPANY .... LOS ANGELES, CALIF. » • 27th RAY RF APRIL, 1977 V D RY.RE » -, T1YE LAB 608 C3177) END. #30 ICCIM (5 -7) 95001 Allen Jayne Ins. Inc. 4o. 1833 W. Olympic �vd j �LOS Angeles, CA 0006 �AWR l,erti1,cate o/ tnjurance INSURANCE COMPANIES G =Great American Insurance Company A= American National Fire Insurance Company AG= Agricultural Insurance Company (Herein called the Company) AA= American Alliance Insurance Company In the event of concelation of the policies designated below70ppp $f )DOO the Company mail 30 days prior notice thereof to: By registered mail F City of Newport Beach NOTE: This Certificate of Insurance neither 3300 Newport Blvd affirmatively nor negatively amends, extends. Newport Beach, CA 92663 nor alters the coverage afforded by the Pal icy or policies numbered in this certi- Lficate. The Company(ies) as designated below certify that the following insurance policies have been issued to: NAME OF INSURED T.J. Crosby DBA: T.J. Crosby Co. ADDRESS OF INSURED 2836 W. 5th St. Tim Crosby, Individually Santa Ana, CA 92703 o TYPE OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY 80011Y INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION PC8 95 26 3 9 -29 -76 STATUTORY NO COVERAGE and EMPLOYERS' LIABILITY 9 -29 -77 $100,000. NO COVERAGE COMPREHENSIVE GENERAL LIABILITY EACH $ OCCURRENCE E CH S OCCURRENCE $ AGGREGATE $ AGGREGATE MANUFACTURERS' AND $ OCCURRENCE CONTRACTORS' LIABILITY $ EACURRENCE o $ AGGREGATE OWNERS' AND CONTRACTOR $ OCCURRENCE PROTECTIVE LIABILITY $ OCCURRENCE $ AGGREGATE OWNERS' LANDLORDS AND TENANTS' LIABILITY $ EACH OCCURRENCE EACH OCCURRENCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY $ OCCURRENCE $ OCCURRENCE $ AGGREGATE $ AGGREGATE COMPREHENSIVE $ EACH PERSON AUTOMOBILE LIABILITY $ EACH $ OCCURRENCE OWNED AUTOS $ EACH PERSON $ EACH OCCURRENCE $ EACH OCCURRENCE QQ HIRED AUTOS $ EACH PERSON $ OCCURRENCE $ OCCURRENCE J OTHER NON -OWNED $ EACH PERSON AUTOS EACH $ OCCURRENCE EACH $ OCCURRENCE COMMERCIAL UMBRELLA LIABILITY $ each occurrence, aggregate where applicable, In excess of Primary insurance recorded. 0 DESCRIPTION AND LOCATION OF OPERATIONS AND AUTOMOBILES COVERED Improvement of Pacific Coast Highway. CC #1896. This Certificate is not Valid unless countersigned by an authorized representative of the CompVy. April 20, 1977 mt DATE F. 400210-7176 ORIGINAL AUTHORIZED R * ESENT IVE IVE a r .-X • Approved by the City Council this 28th day of March 1977 Doris George, City Clerk • CITY CLERK CONTRACT NO. 1896 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR STREET IMPROVEMENTS PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD SUBMITTED BY: T. J. CROSBY CO. Contractor 2836 West 5th Street lddress Santa Ana, California ;ity 714 - 973 -1181 Phone $16,961.00 Total Bid Price 92703 Zip Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:30 A.M. on the 12th day of April , 19 77 , at which time they will be opened and read, for performing work as follows: STREET IMPROVEMENTS PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD CONTRACT NO. 1896 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 _ Secretaryor_ Assis. tant .Secretary._ar_e -requi_ned__an _tom he �orporata_Sea_1.. 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.) Page la The City has adopted the Standard Specifications for Public Works Construction (1976 Edition) as prepared by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Category of at least Class X 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. 8950 adopted December 13, 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 12 -14 -76 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. 309572 Classification A Accompanying this proposal is 10% Bid Bond (Cash, Certified 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. (714) 973 -1181 Phone Nu er April 12, 1977 Date Bid er s Name � (SEAL) ut 0 rl ed Signature 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: 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. None 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. T. J. CROSBY CO. Bidders Name S /T. J. Crosby Authorized Signature Tndividual Type of Organization (Individual, Co- partnership or Corp.) 2836 West 5th Street Santa Ana. California 92703 Address FOR ORIGINAL SEE CITY CLERK'S FILE COPY BOND NO. BBSU Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, T. J. CROSBY COMPANY , as Principal, and COVENANT MUTUAL INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Total Amount of the Bid in Dollars ($ 10% , 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 CONTRACT NO. 1896 STREET IMPROVEMENTS PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD 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 12th day of April , 19 77 . Corporate Seal (If Corporation) T. J. CROSBY COMPANY Principal c�—� �.• - / S T. J. Crosby l J -C`(0 V' (Attach acknowledgement of Attorney -in -Fact) S /Marva J. Lyng, Notary Public COVENANT MUTUAL INSURANCE COMPANY Commission expires Sept. 29, 1980 Surety By S /Barbara Blumer Title Attorney -in -Fact Page 5 NON- COLLUSION AFFIDAVI7 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 12th ay of April , 1977 . My commission expires: April 12, 1980 ry OFFICIAL SEAL. C�:tS'E t�. E!6D(SON rcn :Ermicn:7:fP. � .. oa FC �RIOINAL SEE CITY CLERK'S FILE 'Y Page 6 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. SIT. J. Crosby Signed 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. 1977 City of San Juan Capistrano City Engineer 1977 City of Long Beach John Sterec 1977 City of Brea City Engineer S /T. J. Crosby Signed LABOR AND MATERIAL BOND BOND NO. 005298 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted Aoril 25. 1977, has awarded to T. J. CROSBY COMPANY hereinafter designated as the "Principal ", a contract for CONTRACT NO. 1896 STREET IMPROV M NTS PACIFIC COAST HIGHWAY. 1000 FEET EASTERLY OF BALBOA BOULEVARD in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We . T.J. CROSBY COMPANY as Principal, and COVENANT MUTUAL INSURANCE oOMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of SIXTEEN THOUSAND NINE HUNDRED SIXTY ONE AND NO /100 * * * * ** *Dollars ($ 16,961:,00 ), 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) this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. 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 the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2nd day of MAY , 19 77 T.J. CROSBY COMPANY l - sJ (Seal) Name of Contractor (Principal) Authorized Signature and Ti le Authorized Signature and Title COVENANT 'MUTUAL IN`'URANCE COMPANY (Seal) Name of Surety 260 South Los Robles, suite 214 Pasadena. California 91101 Address of Surety Bv: j y Signature and Title of Authorized Agent BARBARA BLUMER, ATPORNE'Y -IN =FACT Address of Agent (SAME) 223/793 - 7124. 714/681 -o675 Telephone No. of Agent Executed in 4-counterparts C O LL U 0 N•N ♦••N O <m 4ti V'" N O • • Q y J J V OlLLiw LL UG �' • �i O � O � J C ♦ O ♦ Q O z .� • y O E o p � o • O t� ♦ • o O � • o ♦ • �' NNOO•••Ni d i45 z d a c 2 E c c o t 0 o m x d � o N o v N G N V w y ci I m � c Y U N y I o E v � c m L L L C I I3o E Y N o a I a A 3 N•N ♦••N O <m 4ti V'" N O • • Q y J J V OlLLiw LL UG �' • �i O � O � J C ♦ O ♦ Q O z .� • y O E o p � o • O t� ♦ • o O � • o ♦ • �' NNOO•••Ni \ }\ \\ kJ | | 21 § / ( Q / ) )ƒ]| 7)2& 2 |§} to - -§_�.. oe ;i c&l�M ! }ƒ � uc4 EW 7 - le, ±J§�M�a :�/ o c -,g \\ \ \\ EQVZ i o % } s C2�0 ©� °\§; \ ; 0 9 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint BARBARA BLUMER its true and lawful Attorney(s) -in -Fact, with full power and•- autI%rrty,'fbf)hrfd on behalf of the Company as surety, to execute and deliver and affix the seal of the Company,there(#o ,IfWseal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by -laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -Fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. - IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCI' COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto aW'xed this 72nd day of March, 1973. Attest: 11i9111�1 Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By 1 . Vice PTesidi6i On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. -t -.,..C_ ,� �, -t�:. CIL, t? pTAq.ij j Notary Public - My commission expires March 31, 1978 Ova oo -T CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above - quoted provisions of Section 12 of the by -laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 2nd day of MAY 1977. Assistant Secre y Page 10 BOND N0. 005298 PERFORMANCE BOND PREMIUM $127.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by nation adopted April 25, 1977, has awarded to T. J. CROSBY COMPANY hereinafter designated as the "Principal ", a contract for CONTRACT NO. 1896 STREET IMPROVEMENTS. PACIFIC COAST HIGHWAY. 1000 FEET EASTERLY OF BALBOA BOULEVARD in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, T.J. CROSBY COMPANY as Principal, and COVENANT MUTUAL TNSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of SIXTEEN THOUSAND NINE ..HUNDRED SIXTY ONE.AND NO /100*''* * * * ** *Dollars ($ 16;961.00_ _ ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, 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 Page 11 (Performance Bond - Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2nd day of MAY , 19 77 T.J. CROSBY COMPANY 77 (e/ (Seal) Name of Contractor (Principal) Authorized Signature and T tle Authorized Signature and Title COVENANT MUTUAL INSURANCE COMPANY (Seal) Name of Surety 260 South Los Robles, suite 214 Pasadena, California 91101 Address of Surety Signature and Title of Authorized Agent BARBARA BLUMER, ATTORNEY' —TN —FACT Approved as SAME fo r /p! I4 j'// % Address of Agent 213/793 -7124 714/681 -0675 Telephone No. of Agent Executed in 4 counterparts IO d Y C d Y d C E c r L C d s .L.. w � N N 9 a_ v c t N y L_ 9 w N d d l y d a U r p y 5 U Z � d K d _T 0 Z t A ee d q y 1 1 L 1 0 d FtI E [O C C y 9 y L I L a L 3 ti f I 3 E ♦J-�j �V • U ♦ y,6 U LL p o II •3g, LL 0 LL W LL U! m p o • �, p • A � o 3 w'T'- ♦ t j. � • N O ♦ 6 i n q •` a O UJ 0 O � q o v� U fro.. Y m E u T q C N Q m E m r-- NI Y+ O i C N e Es x q L C '0 N m N fq U ' t q .N • Ym- G q p rn a 0 m'• N� m E N N O S C N U' q p C O m x i `u O m N c u' E a .- T E � U qo` i�. 0 `3U 0 0 0 c m pl, E q. D � N z c+ (� rc Z ti •-• +� 'l U • � W U � JJti - c q J C N > E COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint BARBARA BLUMER its true and lawful Attorney(s)-in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney is) pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by -laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. - This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: it L -' ►'1� Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By I �'- Z4" . Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkinsto me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. / Notary Public € W :0i My commission expires March 31, 1978 'C��1'tCit�V`''• CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above - quoted provisions of Section 12 of the by -laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 2nd day of MAY - 1977. Assistant Secre y Page 12 CONTRACT THIS AGREEMENT, made and entered into thisT 3 9 day of 19 --e)_, by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and T. J. CROSBY 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 STREET IMPROVEMENTS. PACIFIC COAST HIGHWAY. 1000 FEET EASTERLY OF BALBOA BOULEVARD CONTRACT NO. 1896 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 per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. ATTEST- CITY 0 PORT,BEACH, ALIFO NIA Bye Mayor Contractor (SEAL By, l title Bye Tit e E c 0 c �3 6 C Yd xii H 4 9_ � 7 w E y c N _V � � V Z Ic X v N o Z L y fd c v �a � � m o E � � A d d 2 ti E c E x h c � z tr • c ' ♦ 4 m 0 a, _ ♦ ♦ 4 4! Jl O J O U O 3 -CC ❑ d ♦ ♦ j G U Q `• 3 0 C3 I y 0 C C p�♦ 6 W riJ ♦ C• t 4 J ♦ ♦ C F c c z 2♦ • o Z vr0 ♦ v` Q va ♦ � E i. o E O a ,� ♦ ♦ Y N U ♦ .J 0 0 .CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD CONTRACT NO. 1896 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 work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 1896 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 160 Construct 0.45' thick asphaltic concrete Tons pavement and variable thick asphaltic concrete feather join. Twenty -four Dollars and Thirty -five Cents $ 24.35 $ 3.896.00 Per Ton 2. 325 Construct aggregate base. Tons Seven Dollars and Seventy -five Cents $ 7..75 $ 2.518.75 Per Ton 3. 435 Construct P.C.C. curb and gutter Lineal Feet (8" curb face). Fnur Dollars and Seventy -five Cents $ 4.75 $ 2,066.25 Per Lineal foot 4. 5125 Construct 4" thick P.C.C. sidewalk. Square Feet OnP Dollars and Four Cents $ 1 M $ 5,gin 00 Per Square Foot s: _.��.. 'e:i _ ... .!�...:a_;, �: t } ^_ei�'i °�a• �-�F� 7�`QL IY �" S$6...- .,.... -]i PR2of2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 1 Construct catch basin modified Type Lump Sum OL -A (L =71, H= 5.22') as shown on the plans, complete in place. @ One Thousand Four Hundred Fifty Dollars and No Cents $ 1.450.00 $ I...- 450.00 Lump Sum 6. 6 Adjust manholes, valve boxes and Each meter boxes to finish grade. @ One Hundred Seventy -fives Dollars and No Cents $ 175.00 $ 1,050.00 Per Each 1 Construct two (2) Type I curb Lump Sum access ramps per CNB STD -181 -L and at locations as shown on the plans,complete in place. @ Six Hundred Fifty Dollars and No Cents Lump Sum TOTAL PRICE WRITTEN IN WORDS: Sixteen Thousand Nine Hundred Sixty -one Dollars and No Cents T. J. CROSBY CO. Bidder's Name $ 650.00 $ 650.00 April 12, 1977 S /T. J. Crosby Date Authorized Signature CONTRACTOR'S LICENSE NO. 309572 A TELEPHONE NUMBER (714) 973 -1181 CONTRACTOR'S ADDRESS 2836 West 5th Street, Santa Ana. California 49703 I } _ ...� *-� � � ;� t. Approved by the City Council this 28th day of March 1977 Doris George, City Clerk CONTRACT NO. 1896 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR STREET IMPROVEMENTS PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD SUBMITTED BY: -7w�7� ac 19 Contractor a (ES6 ez), Address , ' . w xoe%4 ca, 992763 City I Zip 7/11- 2173 /1e/ Phone Total Bid Pr ice Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:30 A.M. on the 12th day of April , 1977 , at which time they will be opened and read, for performing work as follows: STREET IMPROVEMENTS PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD CONTRACT NO. 1896 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.) Page la The City has adopted the Standard Specifications for Public Works Construction (1976 Edition) as prepared by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Category of at least Class X 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. 8950 adopted December 13, 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. oe,.;..A 12 -1a -7F 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., a Classification_. Accompanying this proposal is /"V%�� 0 � dFCJK& C ec 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. Phone Number Date' Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: Page 3 DESIGNATION OF 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 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. . .� � , Bi dder'solame Authorized Sign ture Type of Organization (Individual, Co- partnership or Corp.) �SX•+�/•C �a�/A G'A q,�2 ion Address BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, and Page 4 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 acknowled ement of Attorney -in -Fact Z Title Principal Surety 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 ay of Qle L , 19_2�7 . My commission expires: OrrICIAL SEAL CELESTE t,^ BIMISM NOTARY MOLIC CALIFORNIA PRINCIPAL OFFICE IN STATEMENT OF FINANCIAL RESPONSIBILITY Page 6 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. Signed 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 Signed 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS PACIFIC COAST HIGHWAY 1000 FEET EASTERLY OF BALBOA BOULEVARD CONTRACT NO. 1896 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: PR oft The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 1896 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: 1. 4 160 Construct 0.45' thick asphaltic concrete Tons pavement and variable thick asphaltic concrete feather join. @ Dollars and Cents dl er Ton 325 Construct aggregate base. Tons 7S @ O Cl �d Dollars and Cents Per Ton 435 Lineal Feet 5125 Square Feet Construct P.C.C. curb and gutter (8" curb face). @ yt �n_.�,� 7 /DO Dollars and Cents Per Lineal Foot Construct 4" thick P.C.C. sidewalk. $ L/•�� $�.0W @ 4- 4Ou W Gi'j Dol tars '! and Cents $� Per Square Foot . � •::. .v=-- v�riomi _ _.. a[_ . 3Y�.^'C:;Y'.2YYSf6._. �vt"' 0 • PR2of2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 1 Construct catch basin modified Type Lump Sum OL -A (L =7', H= 5.22') as shown on the plans, complete in place. @ Dollars , -/ and le�ACP�i. CI.w4m lQxents Lump Sum 6. 6 Adjust manholes, valve boxes and Each meter boxes to finish grade. @ ollars and .[, Gents Per a 7. 1 Construct two (2) Type I curb Lump Sum access ramps per CNB STD -181 -L and at locations as shown on the plans,complete in place. @ j�, ,otl� /J.r�A/ Dollars X� and Cents TOTAL PRICE WRITTEN IN WORDS: Dollars Date CONTRACTOR'S LICENSE N0. 30 `5-79 A _�_T j i $ °%$ ly�0 $ 175 0&_ $ 056' $ G50 (Bidder's Name) U �J Authorized Signature TELEPHONE NUMBER 7/q 3 — // % �. a... . ��e _.�_. �_._,��,�. _., _ .,:. I'M COVENANT MUTUAL INSURANCE COMPANY BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A- 310IFeb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, That we, Bond No. BBSU T. J. CROSBY COMPANY as Principal, hereinafter called the Principal, and the COVENANT MUTUAL INSURANCE COMPANY, of Hartford, Connecticut, a corporation duly or- ganized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly CITY OF NEWPORT BEACH bound unto as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID IN Dollars (a 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 Street Improvements CC 1896 Pacific Coast HWY ( IN ACCORDANCE WITH THE ATTACHED-PROPOSAL) 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. Signed and sealed this 12th day of April 19 77 Witness Witness T. Je CROSBY COMPANY � (Seal) BY: r /-'( -(-- Jd Principal (�(! l Title COVENANT MUTUAL INSURANCE C MPANY By �ct _�u -r BARBARA BLUMER Attorney -in -Fact 0 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint BARBARA BLUMER its true and lawful Attorney(s)-in Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and tobind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duty appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special pourer of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there. of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: f 014' Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By Vice Presid [ On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under thf by -laws of said corporation, and that they signed their names thereto by like authority. 0 7A q r ,i : Notary Public [ W ; My commission expires March 31, 1978 .�•. PV6LtG _� . ^O�MkO {fit °�r` CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above - quoted provisions of Section 12 of the by -laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 12th day of April 19 77 Assistant Secret y U S n n m z m m a cn 1� n ai ;o u� Iz D W O -I - G D - O cn 3 3 0 -C �l INI�II�IIIIIU�A�I� II �I�IIIIIIAI� III0�IAlIII11YY pl�A�lll m z m m a cn 1� n ai ;o u� Iz D W O -I - G D - O cn 3 3 0 -C �l x 0 1 ri a rn :0 11 cn Z >�ln � nm ,a3 N r �i r i b mv-,_ m O N C 3 3 J mi,iuee 0 1 ri a rn :0 11 cn Z >�ln � nm ,a3 N r �i r i b mv-,_ m O N C 3 3 J II y1' RESOLUTION NO. 9 06 3 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO T. J. CROSBY COMPANY IN CONNECTION WITH STREET IMPROVEMENTS - PACIFIC COAST HIGHWAY - 1000 FEET EASTERLY OF BALBOA BOULEVARD, CONTRACT NO. 1896 WHEREAS, pursuant to the notice inviting bids.for work in connection with street improvements - Pacific Coast Highway - 1000 feet easterly of Balboa Boulevard, in accordance with the plans and specifications heretofore adopted, bids were received on the 12th day of April, 1977, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is T. J. CROSBY COMPANY; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of T. J. Crosby Company for the work in the amount of $16,961.00 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 25th day of April , 1977. Mayor ATTEST:. City Clerk DDO /bc 4/22/77 } \§ J� |{ \a 4 ..t� k ix | � �| \ 4 \ / e g § } § }c \ �!%} \ \�\ \\}j |0 £u]} E }o \ 0-§k -!7 ° ° %f } } }Z � § 8 (\ \ �� >{ � —a