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C-1921 - Marinapark improvements
r Tanuary 8, 1979 $ 1979 CITY COUNCIL AGENDA gy {6 CITY COUNCIL ITEM NO. H -10 CITY OP ww 8"CH TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF MARINAPARK IMPROVEMENTS (C -1921) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. 4. Assess liquidated damages in the amount of $3,800. DISCUSSION: The contract for the construction of two tennis courts and other improvements at Marinapark has been completed to the satisfaction of the Public Works Department. The bid price was $127,644.83 Amount of unit price items constructed 125,850.52 Amount of change orders None Total contract cost 125,850.52 Funds were budgeted in the General and Federal Revenue Sharing Funds The design engineering was performed by the Public Works Department. The contractor is Pacific Tennis Courts of Santa Monica, California. The contract date of completion was July 25, 1978. The contract schedule had shown the first tennis court concrete to be placed on May 15, 1978. The preliminary work was completed by that date, however, the contractor was unable to obtain concrete until June 19, 1978, 35 days later. The courts were playable and the other work substantially complete by October 6, with the in- stallation of the wind screen being completed by November 30, 1978. It is recommended that liquidated damages at the contract specified rate of $100 per day be assessed for the period of July 25 to October 6, less the 35 -day delay in obtaining concrete, a total of $3,800. Benjamin B. Nolan Public Works Director GPD:jd am Release of Stop Notice City of Newport Beach Construction Lender (or party with whom Stop Notice wat 3300 Newport Blvd., Newport Beach, Calif. t 4 4., ,,;, .K Jvis'1 ,7 i07 .rtY OF BEACH, You are hereby notified that the undersigned claimant releases that certain Stop Notice dated March 1979 ,in the amount of$ 6,797.44 against City of Newport Beach as owner or public body and Pacific Tennis Courts as prime contractor in connection with the work of improvement known as 18th 8 Balboa Blvd. in the City of Newport Beach Date June 15, 1979 , County of State of California. Los Angeles 6, Name ofClairnant Sully- Miller Contracting Co. ss re (OJjftdal Capacity) Verification for partnership or Sole Ownership SPATE OF CALIFORNIA COUNTY OF SS. (Claimant or Represeraadve) being fart duly sworn deposes and says that __he is (Owner, Pmtner w Agent) of (Flom Name) =toed as claimant in the foregoing claim: that he has read said claim and knows the contents thereof, and that the beta therein stated we true. u (Strsonue of Affrant) Ssbscrs3ed and sworn to before me this lay of ,19__ (Stneture of Notary PubUel Notary Sump Verification for Corporation STATE OF CALIFORNIA 1 COUNTY OF j SS. Los Angeles )))) Eula M. Cisneros (Claimant of Representative) b" fhst duly sworn deposes and rays that She ls Asst. Credit Manager r (OfflL*i Capacity) of Sully - Miller Contracting Co. (Exact Corporate Name) the corporation that executed the foregoing claim; that.�.he makes this verification on behalf of said corporation; that_, - has read said1claim and knows the contents thawf, and that the facts therobskated are true. Jf=r; Subscribed and sw3 i n tore me t,is 15th day of 19 (S$trtate of Notary Public) Notary Stamp �mm�mm�u,:::nnnnn::vnnnnc- OFFICIAL SEAL t; MERCEDES M. GARCIA y.�. -y NOTAw, —'JSLIC CALIFORNIA - p pRINCIPAL OFFICE IN c LOS ANGELES COUNTY hxpires June 24, 1980 - My Commission Mnnn:,u „nn...... nnnmm�nmm�nnumm�nnnn „unnnnnnnnnnnnnun,rtm5 Y0. City of Newport Beach Construction Lender (or parry with whom Stop Notice was filed) - - 3300 Newport Blvd., Newport Beach, Calif. You are hereby notified that the undersigned claimant releases that certain Stop Notice dated March 6, 1979 797 , . 644 in the amount of b , &gains t City of Newport Beach a owner or public body and Pacific Tennis Courts u prime contractor in connection with the work of improvement known as - 18th 6 Balboa Blvd. ia the City of Newport Beach ,County of Los Angeles State of California. Date June 15, 1979 Mme ofQaimant Sully- Miller Contracting Co. Rte) 4 l ss .' re tan (pSTdat Capacity) Verification for Partnerahip or Sob Owneahhp STATE OF CALIFORNIA COUNTY OF I SS. (Claimant or Representative) bft test duly sworn deposes and says that _he is (Owns, Partner or Agent) d' • (Fbms Name) tamed as claimant in the fore¢oin.t claim; that he has dead said claim and knows the contents thereof, and that the bets therein stated are true. X (Stniature of Affiant) tibscobs and -warn to before = this etas a 39__ (Sigraahae of Notary Pablic) Notary &IMP Vadacatt" for corporation STATE OF CALIFORNIA COUNTY OF ss Los Angeles Eula M. Cisneros x1dinant or Representat" that duty sworn deposes and rays that S he Ica _ Asst. Credit Manager (0j7I: ►Capacity) of Sully- Miller Contracting Co. (6sad COWPIrreNome) on behalf of said corooration; that he knows the contents thereof, and that Us stated are Subsurbai andawpm to before me this 15th. day of- Jilne • /SYpaarnrs o /Notary PubticJ Now Stamp Ilnlnunnmm�mm�nmm..nn mmmnn nnn..m..m.mnmr.ern.nnnnnnnnenmml OFFICIAL SEAL - j�, MERCEDES M. GARCIA -a !t. NOTARY FUSLIC C/WFORNIA € pRIN NGEL OFFICE IN S,I LOS ANGELES COUNTY My Commission Eatpires June 24, 1960 xnxxnnnunun, vnn( noumtt nnummnmunwnx��nnunnnnnnmmwuxRi FEB ?h 1979 By the C1fY CAUivCIL CITY,, OF NOWPOBT BEACH TO: FROM: SUBJECT CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION COMMISSION February 26, 1979 MAYOR AND CITY COUNCIL Parks, Beaches & Recreation Commission MARINAPARK CAPITAL IMPROVEMENTS RECOMMENDATION: Deletion of proposed restroom from Marinapark Capital Improvement project. DISCUSSION: To enable a prompt completion of the long - planned Marinapark recreation project, the Commission recommends deletion of the restroom facility proposed for the tot lot. With other rest - room facilities located on 18th Street on the Bay and 15th Street on the ocean, any inconvenience to visiting users would be minimized. With only a small budget appropriation thereby needed for 1979 -80 to provide the picnic shelter, irrigation and land- scaping material, it is hoped that prompt action by the Council will enable completion of this project at the earliest possible date. gA-, e411 Gar . Lovell, Chairman GBL:h ••I G -4 CENTRAL NEWPORT BEACH FES at., 107q Community Association By the CifY COUNCIL CITY OF NEWPORT BEACH P.O. BOX 772 BAL:BOA, CALIFORNIA 92661 Tebr;a.ry 21, 1979 Lon Thitley PBR Newport port peach, Ca, _fear Ron% Our __ssociation agrees with you and hr. Kynn that it will be acceptable to delete the restrooms from the plans for the park at 15th :.itree.t at this time. 7e understand that we have assurance that the City will move a.heaj to connlete the landsca.Pin;, and necessary Plumbing adjacent to the tennis bourts and park as soon as possible. As you 'snow, our community has waited a long time to have this project con- cluded; we feel it should be given a. high Priority. Central Newport Beach Community Association continues to wait impatiently for the completion of the shelter and recreation area. adjacent to the American Leg ion ?,01 nI. ;his is a long - Planned for and much anticipated addition to our park. We understand that the fu.nd:s> for this project will be budgeted this year; wito work going ahead on the project as soon as possible, Our Association woolA very much like to have the opportunity to review the plans for the project before contracts are let and construction begins. Since it will be such an important addition to our areas recreation facilities, we feel that the Association can 2rov1je Yeas and :_uSgestions to Take the park achieve ins greatest nseMne x. truly �M " ..' "t )orothy Beek Fr_esident, Central Newport Community Association F P O 0.N � February 1, 1979 4 CITY OF NEWPORT BEACH Pacific Tennis Courts of Santa Monica 1925 Broadway Santa Monica, CA 90404 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Surety Travelers Indemnity Company Bonds No. 421E4241 Contract No.: 1921 Project Marinapark Tennis Courts and Improvements The City Council on January 8, 1979 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on January 12, 1979 in Book No. 12999, Page 1375. Please notify your surety company that bonds may be released 35 days after recording date. DORIS GEORGE City Clerk DG:ct cc: Public Works Department C ity IIaii a 3300 iAe N-port Boulevard, Newport Beach, C:allf'Ornia 92663 RECORDING F! rng TO REQUESTED BY .. " ; NEWPORT OEACH, CALIF. 92553 EXEMPT Cl NOTICE OF COMPLETION PUBLIC WORKS sK 2999ec 13 77 RECORDED tN OFFICIAL RECO�ROS OF ORANGE COUNTY, CALIFORNIA 30 Fig 3 P,pq, JAN 12 1978 LEE A. BRANCH, County Recordw 'I 'o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on October 6, 1978 the Public Works project consisting of two tennis courts and other improvements at Marinapark. on which Pacific Tennis Courts of Santa Monica was the contractor, and Travelers Indemnity Company was the surety, was completed. VERIFICATION I, the undersigned, say: CITY OF NEWPORT BEACH C.l , ubli 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 January 10, 1979 at Newport Beach, California. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on January 8, 1979 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 10, 1979 at Newport Beach, California. Doris George, City Cle Crrr CLCF,; FES 1 la CITY Of Y� CITY OF NEWPORT BEACH[ CALIFORNIA City Hall 3300 W. Newport Blvd 640 -2251 Date: January 10, 1979 Lee A. Branch County Recorder P. 0. Box 238 Santa Ana, California 92702 Attached for recordation. is Notice of Completion of Public Works project consisting of two tennis courts and other improve- ments at Marinapark. Contract No. 1921 on which Pacific Tennis Courts of Santa Monica,,as the Contractor and. Travelers Indemnity Company was the surety. Please record and return to us. Very truly yours, A Geor�e 4 City Clerk City of Newport Beach Encl. CITY OF NEWPORT BEACH Date April 14, 1978 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1921 Project Marinapark Improvements Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Pacific Tennis Courts, Inc. Address: 1925 Broadway, Santa Monica, CA 90404 Amount: $115.776.80 Effective Date: April 14, 1978 Resolution No. 9302 Doris Geo e Att. cc: Finance Department [-1 Cite l fall • 3300 New port Boulevard, Newport Beach, California 92663 CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR MARINAPARK IMPROVEMENTS CONTRACT NO. 1921 SUBMITTED BY: PACIFIC TENNIS COURTS, INC. Contractor 1925 Broadway Ad Cres s Santa Monica, California 90404 City Zip Code Approved by the City Council (213) 828 -7407 this 13th day 9f February, 1978 Telephone No. $115,776.80 $ ;291252:56 Doris George, City Wrk Total Bid Price 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. on the lst day of March , 19 78 , at which time they will be—opened and read for performing work as follows: MARINAPARK IMPROVEMENTS CONTRACT NO. 1921 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 the C_o_rporat�e Seal shal— _beamed to all documents requiring signatures. In the case of a arp tnership, 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 per set. A standard "Certificate of Insurance for Contract Work" form has been adopted by the City of Newport Beach. This form is the only certificate of insurance accept- able to the City. The successful low bidder will be required to complete this form upon award of the contract. (A sample form is attached for reference.) 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 holder's 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 sec.), the Director of Industrial Relations has ascer- tained 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. A copy of said determination 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 shallbe responsible for compliance 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 10 -27 -77 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. 270950 Classification A -C61 Accompanying this proposal is Bid Bond 10% (Cash, Certified Check, Cashiers 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. (213) 828 -7407 on P e Number Feb. 28, 1978 Date Corporation 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: Georoe Peebles - President- Treasurer Mary Preston - Vice President -Sec. MM "I 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• Grading nnn CamphP11 2. Walks Curbs jeo rgE Iangnch 3. S.-.11 Asphalt Sully Miller 4. 5. 6. 7. S. 9. 10. 11. 12. PACIFIC TERN S COURTS, INC. Bidders Name S /Marvin Peebles Authorized Signature Corporation Type of Organization (Individual, Co- partnership or Corp.) 1925 Broadway Santa Monica. V. FOR ( aINAL SEE CITY CLERK'S FILE COI Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL,MEN BY THESE PRESENTS, That we, PACIFIC TENNIS COURTS, INC. , as Principal, and THE TRAVELERS INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Total Amount Bid 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 MARIV4P4VV__IMPVOVEV1VTS. CONTRACT O 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 1st day of March , 1978 Corporate Seal (If Corporation) PACIFIC TENNIS COURTS, INC. Principal S /Mary Preston (Attach acknowledgement of Attorney -in -Fact) I yd� ia Rndri{q if P7, Nntar,y Public THE TRAVELERS INDEMNITY COMPANY Commission expires Nov. 14, 1980 Surety By S /Richard L. Wells 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. Subscribed and sworn to before me this 28th day of February 19 78 . My commission expires: March 15, 1981 PACIFIC TENNIS COURTS, INC. S Marvin Pee es S /Mary L. Preston Notary Public mm�nmm�nnrinnnnnnmm�lmmm�mm�rnmm�nnmm�nnuurnnnninnnnmm�Py OFFICIAL SEAL = MARY L PRESTON NOYARI' POaII G • CALIFORNIA E ° `tO PRINCIPAL OFFICE IN v LOS AIJGE':5 COUNTY My Commission Expires March I5, 1981 tnninnmmmnu mnumnuumnnin i nnnnniuunnnin,nnrmnni, ON FILE WITH CITY CLERK Page 6 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. S /Marvin J. eebles Signed ON FILE WITH CITY CLERK. 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. S /Marvin J. P ebles igned 0 0 The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint C. J. Granger, Jr. of Whittier, California 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, recognizances, 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 and to bind THE TRAVELERS INDEMNITY 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 by -laws of the Company which by -laws are now in full force and effect: ARTICI. LI I V, S1:C'110N 13. The Chairman of the Board, the President, the Chairman of the Finance Committee, any hxecutive Vice President, any Senior Vice President, any Vice President, any Second Vice President, any Secretary or any Department Secretary may appoint attorneys -in -fact or agents' with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may retrieve any such attorney -in -fact or agent and revoke the power and authority given to him. Alcrtct.r: IV, Secnov 15. 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 Chairman of the Board, the President, the Chairman of the Finance Committee, any Executive Vice President, any Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by any Sec- retary or any Department Secretary or an, Assistant Secretary or when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, any h.xeentiVC Vice President, any Senior Vice President, any Vice President or any Second Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -iu- 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 attorney's -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: 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 thereof; 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. — This power of attorney revokes that dated September 28, 1965 on behalf of C. J. Granger, Jr. of Los Angeles, California IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 23rd day of June 1971 THE TRAVELERS INDEMNITY COMPANY %NDEM/V By /G'! /GJ v `� �.. n l7 / , SEAL ' Secretary, Surety State of Connecticut, County of Hartford —ss: On this 23rd day of June in the year 1971 before me personally came E. A. Houser III to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corpo- ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his office under the by -laws of said corporation, and that he signed his name thereto by like authority. I$ NOTARY t PUBLIC t + 11,0„`::,•:.,,.:. Notary Public My commission expires April 1, 1979 5 -1869 Rcc. 3 -13 op,xreo,ry us n. (Over) 0 6 A4;)jns �,i�e ;aaaaS ;ue ;slssV 8L6I TTidy )o Sup (93HH) 6961-5 I V 3 S g srga ` ;nar;aauuoO 'pzollruH IL pa(eaS puu pau$rS 'laa3 ;a puu aazo; IInI ur mou axu puu paxonaa zo pa8puqu uaaq ;ou anug 696I `0E iagwanON ;o sao ;aazrQ ;o pzuog aLp ;o uoriniosaH ag; puu smut -rfg aqI 3o Al atarizV Jo '91 puu TT suorlaaS palonb anoqu agl ' fauxollu ;o iamod 8uco9azo; aql IEq, rS3r;xaa NNVdWOD A.LINWa(INI SHH IaAV -dL RHI 30 (dlaznS) 'SxulaxaaS IuulsrssV 'gsuN T 'Cl `I KOI,LVDIJII.Luao �Z LABOR AND MATERIAL BOND BOND NO. 421E4241 Premium: Included KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 27, 1978, has awarded to PACIFIC TENNIS COURTS, INC. hereinafter designated as the "Principal ", a contract for Marinapark Improvements Contract No. 1921 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 PACIFIC TENNIS COURTS. INC. Principal, as M TRAVELERS uuv4r r cur- r as Surety, are held firmly.bound unto the City of Newport Beach, in the sum of Fifty _Seven Thousand Eight Hundred Eighty Eight & 40/100 Dollars ($57,888.40 � 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, fa.il 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 per 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 6 day of April , 1978 Al � - - 7Cuthorized 'signature and Title THE TRAVELERS INDEMNITY COMPANY (Seal) Name of Surety 3600 Wilshire Blvd., Los Angeles, Ca. Address of Surety Sign re and Ti le uthorized Agent C. Gra , ., Attorney -in -Fact P. ox 887, Rosemead, Ca. 91770 dress of Agent 213 - 280 -5880 Telephone No. of Agent State of California County of Los Angeles ss. On this fi day of Aptil , 191-8, before me personally come to me known, who being by me duly sworn, did depose and say. that he is AMOrney(s) -in -Fad 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 hirrY in accordance with the By -Laws of the said Corporation, and that he signed name thereto by like authority. _ n Q.P WOFFICIA L SEAL LMA RODRIGIJ NOTARY PUBLIC CALIFONNIA 7 (hfo +ary Public) LOS ANGELES COUNTY My Commission Expires Nov. 14, W" jommission expire< L4Vt RO. S�= PONTEO 1119 wnvugg lNli!lglgqqq!lgqllqlqqlqq! ;. ,. Page 10 PERFORMANCE BOND BOND N0. 421E4241 Premium: $1,042.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 27, 1978, has awarded to PACIFIC TENNIS COURTS, INC. hereinafter designated as the "Principal ", a contract for Marinapark Improvements CONTRACT NO. 1921 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, PACIFIC TENNIS COURTS, INC. as Principal, and THE TRAVELERS INDMINITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of lars ($ 115.776.80 ), 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 6 day of April 1978 PACIFIC TENNIS COURTS, INC. (Seal) Name of Contractor (Principal) e AuthorizedvSignature and Title THE TRAVELERS INDEMNITY COMPANY (Seal) Name of Surety 3600 Wilshire Blvd., Los Angeles, Ca. 90010 Address of Surety C. J. G Jr,U Attorney -in -Fact Approved as to form- P. Box 887, Rosemead, Ca. 91770 Address of Agent ty tt ey vkh 213 - 280 -5880 Telephone No. of Agent State of California l County of Los Angeles } ss. On this 6 day of April , 19Ls , before me personally came C. J. Granger, Jr. to me known, who being by me duly sworn, did depose and say: that he IS Attorneys) -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 By -Laws of the said Corporation, and that he signed his name thereto by like authority. .uliouuuauauuolalauulllalie : ce.lallseoeuer, � / OFFICIAL SEAL LYDIA RODRIGUEZ (Notary P NOTARY PUBLIC- CALIFORNIA z ( ry r LOS ANGELES COUNTY aK M Y Commsswn Ex p es Nov. 14, 19� commission expires l�tl�I IIINIIOIHOIOOIIIIIIIi1al11O1p1111111tlO1 .; i. 5.49411 tt•11. Page 12 CONTRACT THIS AGREEMENT, made and entered into this /z/ ay of i 19 by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and PACIFIC TENNIS COURTS, INC. 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 MARINAPARK IMPROVEMENTS CONTRACT NO. 1921 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. CITY OF AEWPORT BEACH, -M-i IFORNIA ATTEST: G City Clerk Contractor (SEAL) By: c_ Title By: / t' �� Title/ Approved as o form: i i i C y orn CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINAPARK IMPROVEMENTS CONTRACT NO. 1921 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, .California 92663 Gentlemen: PR of The undersigned declares that he has carefully examined the locations 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. 1921 . 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 Clearing, grubbing & site preparation — Lump Sum 18th Street parking lot site. Four Thousand Six Hundred @ Eighty -four Dollars and No Cents $_ $_ 4.684.00 per lump sum 1 Clearing, grubbing and site preparation - Lump Sum remainder of project sites. @_ Sixteen thousand, two hundred ten Dollars and No Cents $ $_16,210.00 per lump sum 700 8 @@ Furnish, place and compact imported Cubic Yards clean sand fill. @ Nine Dollars and 6,300.00 No Cents $ . 9.00 $ 2�289.CG per cubic yard PR2of5 Subject: Marinapark Improvements - Contract No. 1921 !] 5 I 7 Q 0 IT PRICE WRITTEN IN WORDS PRICE 235 Construct Type "A" P,C.C. curb and gutter, Linear Feet modified as shown. @ Fourteen Dollars and Thirty -one Cents $ 14.31 $ 3,362.85 per linear foot 800 Construct Type "B" P.C.C. curb, Linear Feet modified as shown. @ Ten Dollars and Six Cents $ 10.06 $ 8,048.00 per linear foot 1 Construct P.C.C. cutoff wall. Lump Sum @ Seven Hundred Nineteen Dollars and No Cents $_ $ 719.00 per lump sum 6,880 73999 Construct P.C.C. sidewalk, modified Square Feet as shown. @ Two Dollars and $14,792.00 Fifteen Cents $ 2.15 $_16:985:99 per square foot Delete - .269 Construct P.C.C. mowstrip. Linear Feet @ F4ve Delete Dollars and Delete Delete Seventy- Cents $ 5:79 $_1z492,99 per linear foot 132 Construct 8 -inch thick P.C.C. cross Square Feet gutter over compacted native soil. @ Three Dollars and Fifty -t(�ee Cents $ yq $_ 465.96 per square foot Subject 10. 11 12 13 14 15 Marinapark Improvements - Contract No. 1921 230 Square Feet Delete 4- ht i" -Stith UNIT PRICE WRITTEN IN WORDS Construct Type II P.C.C. residential driveway approach, modified as shown. Q PR3of5 @ Four Dollars and 17175.90 Thirty -three Cents $_ 4'.33 $ per square foot Construct reinforced P.C.C. multi- purpose court. @ SeDewe gedcapd- �kree- Hundred Fweni�ol1ars and N� Cents per lump sum 1 Construct 2 reinforced P.C.C. Tennis Lump Sum Courts, including fencing, screening and provisions for future lighting. Thirty -five Thousand @ Eight Hundred Twenty -nine Dollars and No Cents per lump sum 385 598 Construct P.C.C. planter walls. Linear Feet $ Delete R Delete $ 7- 389:89 $ 35,829,00 @ TwPlva Dollars and $ 4,981.90 Ninety -four Cents $_ 12.94 $ 6;478-.86 er p linear foot Construct redwood benches on planter @ Nine Hundred Sevent,_five Dollars and per lump sum 69 91 Construct 6 -inch diameter P.V.C. pipe Linear Feet sleeves to planters. $ 975.00 @ Four Dollars and $ 290.49 Twentone Cents $ 4.21 $ ggg, }} per linear foot PR4of5 Subject: Marinapark Improvements - Contract No. 1921 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL I NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 360 Construct 6 -foot high chain link fence, Linear Feet including screening. @ Nine Dollars and Eighty -six Cents $ 9.86 $ 3,549.60 per linear foot 17. 1 Reinstall salvaged chain link fence Lump Sum and gates. @ Six Hundred Fifty Dollars and No Cents $ $ 650.On per lump sum 18. 1 Construct Type OS curb inlet Each (L= 3' -6 ", H= 3.27') with modified local depression. @ Seven Hundred Eighteen Dollars and Seventy -five Cents $ $ 718.75 per each 19. 1 Construct Type OS curb inlet modified Each per detail, Sheet 3. @-Seven H ndr d ight awn Dollars and Seventy -five Cents $_ $_ 712 75 per each 20. 100 Construct 15 -inch diameter A.C.P. Linear Feet (ClassIV) storm drain. @ Twenty -eight Dollars and Seventy -five Cents $ 28.75 $ 2,875.00 per linear foot 21. 12 Construct parking meter post and P.C.C. Each base. @ Eighty -two Dollars and No Cents $ 82.00 $ 984:00 per each PR5of5 Subject: Marinapark Improvements - Contract No. 1921 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 180 Construct Type III -C3 -AR 4000 A.C. Tons pavement. @ Twenty -eight Dollars and Eighty -seven Cents $ 28.87 $ 5,196.60 per ton 23. 280 Construct aggregate base. Tons @ Twelve Dollars and Twenty -five Cents $ 12..25 $ 3,430.00 per ton TOTAL PRICE WRITTEN IN WORDS: One Hundred Fifteen Thousand, Seven Hundred Seventy -six Sae- Ndpdwe�- lwepiy- RRe- �beasap�- ewe- Napdped- F €iV -iwe Dollars Eiohty and Feb. 28, 1978 Date 1 115,776.80 Total 129,2§P79P CONTRACTOR'S LICENSE NO. 270950 TELEPHONE NUMBER (213) 828 -7407 CONTRACTOR'S ADDRESS 1925 Broadway, Santa Monica, CA 90404 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR MARINAPARK.IMPROVEMENTS CONTRACT NO. 1921 Page I. SCOPE OF WORK AND AWARD OF CONTRACT . . . . . . . . . ... . . . . . . . 1 II. QUALIFICATION OF CONTRACTOR, SUB - CONTRACTORS, AND WORKMEN. . . . . . . 1 III. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK . . . . . . . . . . . . . 2 IV. PAYMENT . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . 2 V. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . . . . . . . 2 VI. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. FLOW AND ACCEPTANCE OF WATER . . . . . . . . . . . . . . . . . . . . 3 VIII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . . . . . 3 IX. SITE ACCESS AND WORK AREA . . . . . . . . . . . . . . . . . . . . . . . 3 X. EXISTING UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . 3 XI. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 XII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . 4 A. Clearing, Grubbing, Removals, and Site Preparation . . . . . . . . 4 1. 18th Street parking lot site . . . . . . . . . . . . . . . . . 4 2. Remainder of project sites . . . . . . . . . . . . . . . . . . 4 . B. Excavation and Fills . . . . . . . . . . . . . . . . . . . . . . . 4 1. Unclassified excavation and fill . . . . . . . . . . . . . . . 4 2. Imported sand fill below courts . . . . . . . . . . . . . . . . 5 C. Subgrade Preparation for Paved Areas . . . . . . . . . . . . . . . 5 D. Structure and Underground Conduit Backfill . . . . . . . . . . . . 6 E. Tennis Courts and Multi- Purpose Court . . . . . . . . . . . . . . . 6 1. Portland cement concrete materials . . . . . . . . . . . . . . 6 2. Forms. . . . 7 .3. Reinforcing steel. 8 4. Transit -mixed concrete . . . . . . . . . . . . . . . . . . . . 8 5. Placing concrete . . 8 6. Finishing concrete . 9 7. Curing concrete . . . . . . . . . . . . . . . . . . . . . . . 9 8. Nets, posts, and tie -down eyes . . . . . . . . . . . .10 9. Electrical system for future tennis courts lighting. . . . . .10 MARINAPARK IMPROVEMENTS CONTRACT NO. 1921 INDEX TO SPECIAL PROVISIONS (Cont'd) Page XIII. COMPLIANCE WITH THE DAVIS -BACON ACTS AND RELATED ACTS AS REQUIRED BY FEDERAL REGULATIONS . . . . . . . . . . . . . . . . . .11 A. Minimum Wages . . . . . . . . . . . . . . . . . . . . . . . . . .11 B. General Area Wage Determinations . . . . . . . . . . . . . . . . .14 14 SP 1 of -1-0- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR MARINAPARK IMPROVEMENTS CONTRACT NO. 1921 SCOPE OF WORK AND AWARD OF CONTRACT The work to be done under this contract consists of clearing, grubbing and removing existing improvements within the project sites (except for certain removals to be done by other5);constructing two tennis courts complete with fencing and provisions for future lighting, a multi - purpose court, raised planters, walkways, fencing, and a storm drain system; constructing a fenced asphalt parking lot at 18th Street; channelization.modifications to the medians in Balboa Boulevard; and other incidental items of work. The contract requires furnishing all labor, equipment, materials, transporta- tion, and services necessary to complete all the work in accordance with these Special Provisions, the Plans (Drawing No. P- 5079 -S), the City's Standard Special Provisions and Standard Drawings, and the City's Standard Specifications (Standard S ecifications for Public Works Construction, 1976 Edition with 1977 Supplement ), copies of which are available at Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, (213) 870 -9871. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for $5. The provisions of Section 3 -2 of the Standard Specifications are hereby amended by the following: The City reserves the right to eliminate from the award of the contract those bid items or portions of bid items applicable to the work at the 18th Street parking lot site, regardless of the relative value of these items of work, individually or totally, compared to the total bid price of the contract. The bid items referred to herein are as follows: bid item numbers 1 and 21, and portions of bid item numbers 4,5,7,10,15,16,22, and 23. All other provisions of this section remain in force. II. QUALIFICATIONS OF CONTRACTOR, SUB - CONTRACTORS, AND WORKMEN General Because of the unusual nature of this work, the contract will be awarded only to a bidder with extensive experience in the construction of concrete tennis courts or one who proposes to use a sub - contractor with extensive experience in concrete tennis courts. Accordingly, each bidder shall submit a list of all the concrete tennis courts he or his proposed sub - contractor has construc- ted in the last five years along with his bid for this project. Pre - qualification of Cement Finishers The concrete playing surface of the tennis courts and the multi- purpose court shall be finished only by cement finishers with at least five (5) years experience in the trade and with extensive experience in applying the 14 Sp 2 of qo- required finish. Two weeks before starting to place the concrete for the court slabs, the contractor shall furnish the Engineer a list of names and qualifications of the cement finishers he intends to employ on this portion of the work. The Engineer will review the list and approve in writing the employment of the finishers who in his opinion are qualified. Only finishers who are pre - qualified in this manner shall be employed on this phase of the work. The names of additional finishers, together with their qualifications, may be submitted in writing by the contractor from time to time. However, they shall not be employed on this phase of the work until written approval has been obtained from the Engineer, who will review the qualifications within a reasonable time. Any finisher who cannot produce the required finish shall be removed from this phase of the work and shall not again be used in the finishing of the court surfaces. III. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK The contractor shall complete all work on this contract within 120 consecutive calendar days after award of the contract by the City Council, and as specified in Section 6 of the Standard Specifications. The construction schedule submitted by the contractor shall be approved by the Engineer prior to the start of any work. IV. PAYMENT The prices bid for the various items of work shall include full compensation for all material, labor, and services necessary for construction of the items complete in place. Payment for incidental items of work hot separately provided for in the Proposal shall be included in the prices bid for other items of work. V. TRAFFIC CONTROL AND ACCESS The contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications, except as modified herein, and with the standards contained in the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. The contractor shall maintain at all times not less than two 11 -foot travel lanes in each direction on Balboa Blvd, and one travel lane on 18th Street (one -way street northbound) and on "Marinapark Drive ". Adequate barricades shall be used adjacent to the work within the streets, alleys, or drives to insure public safety and to protect the improvements until they have adequately cured. When parking is to be prohibited, the contractor shall furnish, install, and maintain in place "Tow -Away, No Parking" signs (similar to Western Highway Products' sign TC- R26S). The signs shall be posted at least 48 hours in advance of the need for enforcement. VI. WATER Thecontractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the contractor wishes to use available City water, it will be his responsibility to make arrangements for water purchases by contacting the City Utilities Superintendent, Mr. Jim Frost, at (714) 640- 2221. VII. FLOW AN VIII IX 14 SP3of}0, CEPTANCE OF WATER It is anticipated that surface and ground or other waters will be encountered at various times and locations during the work herein contemplated. The con- tractor, by submitting a bid, acknowledges that he has .investigated the risks arising from water and has prepared his bid accordingly. The contractor shall conduct his operations in such a manner that storm or other waters may proceed uninterrupted along their existing street and drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged or, in the opinion of the Engi- neer, are not subject to the probability of damage. The contractor shall obtain written permission from the property owner before any diversion of water outside the project area will be permitted by the Engineer. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the contractor. All such surveys, including construction staking, shall be under the supervision of a California Licensed Surveyor or .Civil Engineer. Staking shall be performed on all items ordinarily requiring grade and alignment at inter- vals normally accepted by the agencies and trades involved. Payment for construc- tion survey staking shall be considered as included in the various items of work, and no additional allowance will be made therefor. SITE ACCESS AND WORK AREA The primary access to the work sites shall be from Balboa Blvd., 18th Street, and the alley northerly of Balboa Blvd. from 15th Street. The contractor may use the "private" drive through Marinapark trailer park (City property) as required for construction of the improvements located in that area. However, all work within or adjacent to the trailer park shall be conducted so as to minimize inconvenience to the residents. Special attention is directed to Sections 7 -8 and 7 -9 of the Standard Specifi- cations regarding project site maintenance and protection of existing improvements. EXISTING UTILITIES The contractor shall .investigate and protect all existing utilities in conform- ance with Section 5 of the Standard Specifications. Known utilities are indi -. cated on the drawings. Prior to performing construction work, the contractor shall be responsible for requesting each utility company to locate its facilities. The contractor shall protect in place and be responsible for, at his own expense, any damage to any utilities encountered during construction of the items shown on the drawings. XI. GUARANTEE The contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all material and workmanship against any defects what- soever. Any such defects shall be immediately repaired at the contractor's expense. 14 SP 4 of afl- XII. CONSTRUCTION DETAILS Clearing, Grubbing, Removals, and Site Preparation These items of work shall be performed in accordance with Section 300 -1 of the Standard Specifications, except as modified herein. 18th Street oarkin4 lot site: The contractor's.attention is called to the fact that the wooden portions of the garage structure and some of the wooden fencing (not including posts and footings) as shown on the plans, are to be removed by others in advance of construction. The lump sum price bid for clearing, grubbing, and site preparation for the 18th Street parking lot shall include full payment for the removal and disposal of the remaining improvements, as shown on the plans, including excavation, removal, and disposal of all existing materials down to the subgrade of the new improvements. Planter areas shall be filled as shown with native soil free from objectionable materials. Remainder of Dro.iect sites: Again the contractor's attention is called to the fact that certain items (trees, wood canopy, playground equipment) shown on the plans are to be removed by others in advance of construction. The lump sum price bid for clearing, grubbing, and site preparation for the remainder of the project sites shall include full payment for the removal and disposal of the remaining improvements (including the existing irrigation system); the excavation, removal and transporting of the existing topsoil (after removal of the turf) below the new courts to the lines and grades as shown on the plans (approximately 420 cubic yards); the placing and compacting of approximately 160 cubic yards of the excavated topsoil (free from turf and other objectionable materials) to the planter areas and other fill areas away from the court lines; the removal and disposal of the surplus excavated topsoil; and the grading of the existing sand in the play area adjacent to the new walkway as shown on the plans. Excavation and Fills 1. Unclassified excavation and fill shall conform to the requirements of Sections 300 -2 and 300 -4 of the Standard Specifications, except as modified herein. Unclassified excavation shall consist of the excavation and removal of the existing layer of topsoil down to the native sand (approximately 12 inches deep below the existing turf thatch) within the limits of the new courts, as shown on the plans. 14 SP 5 of -14 Unclassified fill shall consist of the placing, conditioning, and compacting to a minimum relative compaction of 90 percent) of excavated topsoil (free from vegetation) from the court areas to the prepared planter areas and to the subgrade of the improvements away from the court areas as required. Payment for all unclassified excavation and fill shall be included in the lump sum price bid for clearing, grubbing, and site preparation (remainder of project sites), and no additional compensation will be made. 2. Imported sand used for fill below the new tennis courts and the multi- purpose court shall conform to Subsection 200 -1.5.1 of the Standard Specifications, and shall have a minimum sand equivalent (S.E.) of 30. After the topsoil has been removed to the satisfaction of the Engineer, the top 6 inches of the native sand shall be levelled and compacted to a minimum relative compaction of 95 percent. The contractor shall then allow sufficient time and access for the City to cross section the area upon which the sand fill is to be placed. The sand fill shall be placed, conditioned, and compacted according to the requirements of Subsections 300 -4.5 through 300 -4.7 of the Standard Specifications, except that the minimum relative compaction shall be 95 percent, and may be achieved by ponding and /or jetting, supplemented with mechanical devices as required. Payment for imported clean sand fill shall be made at the contract price bid per cubic yard of compacted fill in place, which shall be the calculated volume using average end areas between the measured lines cross - sectioned prior to placing the sand fill and the theoretical subgrade of the concrete courts. Material placed outside of the edges of the tennis courts and the multipurpose court (the triangular fillets of walkway between the courts is included as within the limits of the courts) will not be included in the calculated volume of clean sand fill nor will payment be made therefor. The contractor shall visit the site before submitting his bid and ascertain for himself the effect of the turf thatch and topsoil on the earthwork volumes and the extent of removal and compaction necessary. C. Subgrade Preparation for Paved A=reas Paved areas include tennis courts, m iti- purpose court, sidewalks, walkways, curbs, gutters, driveways, Concrete wall, other Portland Cement concrete on grade, parking lot, and pavement. The subgrade for paved areas shall be prepared in accordance with Section 301 -1 of the Standard Specifications, except as otherwise provided herein. 14 SP 6 of 10 Structure and Underground Conduit Backfill Backfill for structures and underground conduits shall be performed in accordance with Subsections 300 -3.5 and 306 -1.3 of the Standard Specifications, except that the minimum relative compaction shall be 95 percent, and may be achieved by ponding and /or jetting, supplemented as required with mechanical devices to comply with this requirement. It is the intent of this special provision that no trench backfill settle- ment will be allowed. Tennis Courts and Multi- Purpose Court Portland cement concrete materials Cement shall conform to Subsection 201 -1.2.1 of the Standard Specifications. Aggregates shall be from San Gabriel River pits approved by the Engineer, stockpiled at the batch plant and removed in horizontal layers of uniform thickness. To prevent spalling and popping on slab surface, all aggregates shall be free of reactive materials. Fine aggregate shall consist of hard, strong, durable particles of natural sand. Fine aggregate shall pass a 3/8" sieve and be uniformly graded from coarse to fine with at least 90% passing a No. 4 sieve, not to exceed 7% passing a No. 100 sieve, and all retained on a No. 200 sieve. Coarse aggregate shall consist of clean, hard, sound, durable crushed rock or washed gravel, and shall contain not more than 5% by weight of flat, thin, elongated, friable, or laminated pieces. Any piece having a major dimension in excess of two and one -half (2z) times its average thickness shall be considered as flat or thin elongated. Coarse aggregate shall have a specific gravity of not less than 2.50. Mix design (Per cubic yard) Specific Strength, Psi 2000 Cement, Type II Cement, SKS 5 Cement, Lbs. 470 Sand, Lbs. 1340 No. 3 Gravel, Lbs. 1865 Water, Lbs. 325 Total Weight, Lbs. 4000 Water, Gallons 39.0 Water, Gallons /SK 7.8 Slump, Inches 4 Admixture None Mix Water, Gallons 39.0 d 14 SP 7 of 4o- Tests and quality control Aggregate and concrete testing will be the responsibility of the City and will be performed by a Testing Laboratory to be selected by the City after the contract has been awarded. The Contractor shall notify the City of the location of the proposed San Gabriel aggregate source allowing ten (10) days to determine if source is acceptable. Aggregates shall be tested for and shall pass the following tests. Aggregates shall be sampled at their production source and tested. They shall again be sampled and tested upon delivery to the ready mix plant prior to placement. The tests are as follows: Tests Test Method Requirements Gradation ASTM C136 ASTM C33 Specific Gravity ASTM C127 & C128 2.50 (Min.) Potential Reactivity ASTM C289 Sc/Ric 1.0 Soundness by Sulfate ASTM C88 8% Loss (Max.) Organic Impurities of Sand ASTM C40 ASTM C33 Samples of concrete shall be obtained by the molded cylinder method. Three cylinders of concrete from each one -half court shall be taken. Each cylinder shall be given a number and the point in the.courts where the samples were noted thereon. One cylinder of each set shall be tested at seven days, another at 28 days and the third shall be held in reserve. When subject to a slump test for consistency, the concrete shall not have a slump in excess of 4'2'. Job -site inspection: The City shall arrange for the performance of the following tests: Test Test Method Frequency Slump ASTM C143 First load of each pour and when taking strength specimens. Compressive ASTM C31 One set of 3 per 100 cubic yds.; strength minimum of one set per pour. samples Samples shall be tested for compressive strength; one at seven (7) days and one at twenty -eight (28) days per set. .2. Forms shall conform to Subsection 302 -6.2 of the Standard Specifications. The contractor shall notify the Engineer at least 24 hours in advance of scheduling any concrete placement so that all forms may be checked for accuracy of location and elevation. 14 SP 8 of ad- 3. Reinforcing steel shall be secured to insure no movement during the placing operations. Slab reinforcing bars and mesh shall be securely tied and set on chairs to prevent movement during concrete placing. At all times and at each location during the placing of concrete, there shall be a competent representative of the Contractor present, whose sole duty shall be the inspection of all reinforce- ment steel and the maintenance of bars and mesh in their proper positions. 4. Transit -mixed concrete a. Transit -mix concrete shall be mixed for a period of not less than fifteen (15) minutes. At least three minutes of the mixing period shall be at the work site immediately prior to discharging from the mixer. b. Concrete shall be rejected if not placed in its final position within 45 minutes after water is first added to the batch. c. Transit -mixed concrete is not to be delivered to the site with the total specified amount of water incorporated therein. Two and a half (2z) gallons of water per cubic yard shall be with- held and may be incorporated in the mix before the concrete is discharged from the mixer and mixing time shall be not less than five minutes after such water has been added. d. The Engineer shall be provided with legible certified weigh - master's certificates for each batch of concrete upon delivery to the job site. The certificates shall comply with Subsection 201 -1.4.3 of the Standard Specifications. 5. Placing concrete a. Finished subgrade and footing excavations shall be thoroughly watered immediately prior to placing of concrete. b. No concrete shall be placed without the approval of the Engi- neer, and this operation shall be carried on only.in the presence of the Engineer. The Contractor shall give 24 hours advance notice before placing any concrete. c. Once concrete placing is started, it shall be carried through in a continuous, monolithic operation between predetermined expansion joints as shown on the drawings. No construction joints within the one -half (z) court slabs shall be allowed. Under no circumstances shall concrete which has partially hardened be deposited in the work, nor shall retempering of concrete be allowed. d. All concrete when placed shall be sufficiently tamped and manipulated to insure proper compaction, elimination of air pockets, and flow around all reinforcing steel, embedded fix- tures and into corners of all forms. 14 SP 9 of 40- e. Concrete court slabs shall not be placed over grade beams and post footings until 24 hours after application of the asphalt paint. f. No concrete shall be placed during rain or dust storms. If such storms should develop immediately after placement of con- crete, the finished concrete shall be protected by means of plastic sheeting, canvas, "Sisalkraft" paper or other approved covering. This covering shall be provided on the job site prior to placing concrete. 6. Finishing concrete a. The Contractor shall submit two samples for approval. Each sample to be 2' x 2' slab samples as required for selection of texture. The sample meeting approval will be retained by the Engineer for comparative purposes. b. Finish course shall be brought to a true and even plane by two wood floatings and two steel trowelings. Following this, the slabs shall be given a light hairbroom finish. Only skilled workmen with five (5) years of experience in this type of finish are to be employed in cement finishing work. c. Cement finish shall be true to line, plane and elevations as shown on the drawings. Finished concrete slab surfaces shall not deviate from a flat plane more than 3/16 of 1" when tested with an eight -foot straight edge held in any direction. The Contractor shall furnish and maintain in good condition an eight -foot straight edge for use by the Engineer. d. Any slab showing a greater variation than the specified 3/16 of 1 ", and /or showing voids or separation of the aggregates and /or showing a texture of variance to the accepted sample shall be deemed defective and the entire slab to expansion joints, as shown on the drawings, shall be removed and replaced with con- crete acceptable to the Engineer. Removal and replacing defec- tive work shall be at the Contractor's expense. 7. Curing concrete Immediately after finishing and final set, the Contractor shall apply a fog spray as directed by the Engineer. After the finishing operations, slab surfaces shall be covered for protection from injury and for proper curing. Concrete shall be kept continuously wet for a period of at least fourteen (14) days after being deposited. After the concrete curing period, the Contractor shall remove the protective covering from the courts. No mechanical equipment shall be allowed on the courts. The surface of the concrete court slabs shall be cured at least six (6) weeks before any surface painting is applied. 14 SP 10 of +8- 8. Nets, posts, and tie -down eyes Nets, posts, and tie -down eyes shall be installed where shown on the plans. The City will furnish the nets. The contractor shall verify all measurements and shall be responsible for the proper working out of all details for a complete installation. 9. Electrical system for future tennis courts lighting a. The Contractor shall furnish and install all necessary inter- connecting conduits, pull.boxes, and terminal boxes as indicated on the drawings, or as necessary for future lighting of tennis courts. b. Conduit systems shall be installed in accordance with applicable provisions of the National Electrical Code. Conduit shall be capped by means of manufactured conduit seals or caps to pre- vent entrance of water or debris and shall remain closed until future use. SP 11 of 14 XIII. COMPLIANCE WITH THE DAVIS- All work to be done under this contract in the construction of the tennis courts must comply with Part 5, Subtitle A, Title 29, of the Code of Federal Regulations. These provisions apply only to the actual construction of the courts (bid item No. 12), not including site preparation, fencing, screening or provisions for lighting. A. Minimum Wages 1. Minimum wages. a. All mechanics and laborers employed or working upon the site of the work in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the.wage determination decision shall be posted by the contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv). Also for the purpose of this clause, regular contribu- tions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to.be constructively made or incurred during such weekly period. b. The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage deter- mination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination, and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the contract- ing officer shall be referred to the Secretary for final determination. c. The contracting officer shall require, wherever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the SP 12 of 14 interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. d) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, The Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. e) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one -half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week, as the case may be. 2. Withholding The City of Newport Beach may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, in the construction or development of the project, all or part of the wages required by the con- tract, the City of Newport Beach may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records a. Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, in the construction or development of the project. Such records will contain the name and address of each such employee. SP 13 of 14 his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deduct- ions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The contractor will submit weekly a copy of all payrolls to the City of Newport Beach. The copy shall be accom- panied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29CFR, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of an find- ings by the Secretary of Labor under 29 CFR 5.5(a�(1)(iv) shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of the City of Newport Beach and the Department of Labor, and will permit such repre- sentatives to interview employees during working hours on the job. Apprentices and Trainees Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined below or is not registered as above, shall be paid SP 14 of 14 the.wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will.be required to furnish to the contract- ing officer written evidence of the registration of his program and apprentices.as well as of the appropriate ratios and wage rates, for the area of construction prior to using any appren- tices on the contract work. Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, and where paragraph next is appli- cable, in accordance with the provisions of Part 5a of Title 29, Code of Federal Regulations. On contracts in excess of $10,000 the employment.of all laborers and mechanics, including apprentices and trainees, shall also be subject to the provisions of the labor standards for ratios of apprentices and trainees to journeymen as set forth in Part 5a, Title 29, Code of Federal Regulations. 5. Compliance with Copeland Regulations (29 CFR Part 3) The contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference. ...6. Subcontracts The contractor will insert in any subcontracts the clauses con- tained in 29 CFR 5.5(a)(1) through (5) and (7) and such other clauses as the City of Newport Beach may by appropriate instruc- tions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. B. General.Area Wage Determinations Supersedeas Decision No. CA78 -5004 of the Secretary of Labor, as published on January 27, 1978, in Volume 43, page 3844 of the FEDERAL REGISTER, and as modified on February 24, 1978 (43 FR 7876) applies to this contract. A copy of the revised area Wage Determination applicable to this contract is on file in the Public Works Department. In the event there are any differences between the minimum wage rates as determined by the United States Secretary or Labor and those deter- mined by the City Council of the City of Newport Beach, the highest rate must be paid. f _ CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK CONTRACT NO. This is to certify that the Company named below has issued to the Named Insured the policy of comprehensive liability insurance identified herein, hereinafter referred to as "Policy ", and endorsed said Policy as follows to assure compliance by the Named Insured with the insurance requirements of the Contract executed by the Named Insured and the City of Newport Beach, (hereinafter, "City "). 1. The combined single limit for Comprehensive Liability (bodily injury or death, or property damage) is not less than $500,000 each occurrence, $500,000 aggregate protective and contractual, $1,000,000 aggregate products. 2. Neither the Policy nor this Endorsement shall be cancelled or materially changed until thirty (30) days after receipt by City of written notice of such cancellation or change by registered mail, addressed as follows: City of Newport Beach c/o City Clerk, 3300 Newport Boulevard, Newport Reach, California 92663. 3. The City of Newport Beach, its officers and employees are hereby declared to be additional named insureds in the policy described insofar as they may be held liable for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Reach, and includes a severebility of interest clause. 0. Contractual liability coverage applicable to the contract referred to above, including the obligation to defend City is included. 5. Exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards) are deleted, where applicable. 6. The Policy provides coverage for, but is not limited to: Owned, lion -Owned and Hired Automobile; Products Liability - Completed Operations; Premises - Operations; Contrectorq Protective f.fability; Marine or Aviation (when applicable); and Property Damage. This Endorsem t� effective when signed by an Authorized Re sentative of Name o Insurance Company and when issu CiA4sflall, be valid and form part of Policy No. expir NAME OF 'TO R ADDRESS - AGE /BROKE^`_\c^,: — ^ Authorized opresentatrve IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Certificate is cautioned to make cortain that he has authority to execute this Certificate on bnhalf of the Insurance Company 1 NAME AND ADDRESS OF AGENCY ,Granger-Hanna Insurance Associates P. O. BOX 887 Rosemead, CA 91770 IPacific Tennis Courts, Inc. 11925 Broadway Santa Monica, CA 90404 COMPANIES AFFORDING COVERAGES COMPANY A Limits of Liability in Thdusands ( 00) LETTER n Industrial Indemnity C COMPANY O EACH LETTER COMPANY /v� ■ LETTER _ V COMPATTER NY D LE COMPANY LETTER BODILY INJURY $ This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. I I ULJCHIPIION UV OPERATIONS /LOCATIONSNEHICLES Within the State of California, All Operations of the Named Insured. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will 0MULUXXX mail 10_ days written notice to the below named certificate holder, 7LXXXX)U X LRffi)I67[D3DGpQHD06143dD[Q6;<[ 067C ROCOtStl�t OQGCIIdX�bdMXAt6£ 04K�CQ}NGffiFC.1tC[XOC77GSB7Q;fCX NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 ATTN: Al Beingessner,Proj. Manager 25 (Ed.2J7) .. ... DATE ISSUED: A 1 12, 1978 IIlllIIIp10`7kUTR0IZEO REPRESENTATIVE Limits of Liability in Thdusands ( 00) COMPANY LETTER TYPE OF INSURANCL POLICY NUMBER POLICY E%PIRAT ION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑ COMPREHENSIVE rO RM ❑ PREMISES — OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCT HAZARD OPFR A11ONS N$ H HAZARD ❑ BODILYlNJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPLN0FNT CONTRACTORS t; PERSONAL INJURY $ ❑ PERSONAL. ! NJURY (/ lA �\ S P •'' ,, Ij Ackl AUTOMOBILE LIABILITY So DILY INJURY O (EACH PERSON) $ ❑ COMPREHrNSIVL FORM GtZVj gEpOHI DOOILY INJURY $ ❑OWNED ��`1f. IE ACIt UCCURRtNCti NS .17 PROPERTY DAMAGE $ ❑ MIRED G+` L %J ❑ A \ BODILY INJURY AND NON {:.W NFD� I +1J PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY IN JURY AND El UMBRELLA DORM I PROPERTY DAMAGE $ $ ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY A and CP 781 -4981 10/15/78 EMPLOYERS' LIABILITY OTHER J I ULJCHIPIION UV OPERATIONS /LOCATIONSNEHICLES Within the State of California, All Operations of the Named Insured. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will 0MULUXXX mail 10_ days written notice to the below named certificate holder, 7LXXXX)U X LRffi)I67[D3DGpQHD06143dD[Q6;<[ 067C ROCOtStl�t OQGCIIdX�bdMXAt6£ 04K�CQ}NGffiFC.1tC[XOC77GSB7Q;fCX NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 ATTN: Al Beingessner,Proj. Manager 25 (Ed.2J7) .. ... DATE ISSUED: A 1 12, 1978 IIlllIIIp10`7kUTR0IZEO REPRESENTATIVE r ., _.. . . • mac. �s.:.....�,... <.::.. _ ;<. . • 0 CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK CONTRACT NO. 1921 This is to certify that the Company named below has issued to the Named Insured the policy of comprehensive liability insurance identified herein, hereinafter referred to as "Policy ", and endorsed said Policy as follows to assure compliance by the Named Insured with the insurance requirements of the Contract executed by the Named Insured and the City of Newport Beach, (hereinafter, "City "). 1. The combined single limit for Comprehensive Liability (bodily injury or death, or property damage) is not less than $500,000 each occurrence, $500,000 aggregate protective and contractual, $1,000,000 aggregate products. 2. Neither the Policy nor this Endorsement shall be cancelled or materially changed until thirty (30) days after receipt by City of written notice of such cancellation or change by registered mail, addressed as follows: City of Newport Beach c/o City Clerk, 3300 Newport Boulevard, Newport Beach, California 92663. 3. The City of Newport Beach, its officers and employees are hereby declared to be additional named insureds in the policy described insofar as they may be held liable for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severability of interest clause. 4. Contractual liability coverage applicable to the contract referred to above, including the obligation to defend City is included. 5. Exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards) are deleted, where applicable. 6. The Policy provides coverage for, but is not limited to: Owned, Non -Owned and Hired Automobile; Products Liability - Completed Operations; Premises- Operations; Contractors Protective Liability; Marine or Aviation (when applicable); and Property Damage. This Endorsement is effective 4 -7 -78 when signed by an Authorized Representative of *Harbor Ins. Co, and Mission Ins. Co. ** and when issued *126182 No.** M 838391 expiring Name of Insurance Company to City shall be valid and form part of Policy 10 -15 -78 insuring Pacific Tennis Courts, Inc. (Named Insured) NAME OF AGENT OR BROKER Granger -Hanna Insurance Assoc. P. 0. Box 887 ADDRESS - A�ENT /BROKER Rosemead, CA 91770 Richard L. Wells IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Certificate is cautioned to make certain that he has authority to execute this Certificate on behalf of the Insurance Company MAR 2 7 WS 4 Hn CITY CoiWIL ary oF ~W KOH RESOLUTION NO. 8 3 02 A RESOLUTION OF THE "CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO PACIFIC TENNIS COURTS, INC. IN CONNECTION WITH MARINAPARK IMPROVEMENT, CONTRACT NO. 1921 WHEREAS, pursuant to the notice inviting bids for work in connection with Marinapark improvement, in accordance with the plans and specifications heretofore adopted, bids were received on the 1st day of March, 1978, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is PACIFIC TENNIS COURTS, INC.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Pacific Tennis Courts, Inc. for the work in the amount of $115,776.80 (amount bid less bid items 8, 11 and portions of 3, 7, 13 and 15) - including the addition to the contract's specifications of Section XIII, 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 27th ATTEST: City Clerk day of March 1978. Mayor DDO /bc 3/23/78 Approved by the City Council this 13th day of February, 1978 Doris George, City Crerk CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR MARINAPARK IMPROVEMENTS CONTRACT NO. 1921 SUBMITTED BY: Contr for l>as _ AAAddress 13 i �ZB 7 yo7 Telephone No. Total Bi rice Zip Code 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. on the 1st day of March , 1978 , at which time they will opened and read, for performing work as fo lows: MARINAPARK IMPROVEMENTS CONTRACT NO. 1921 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked.on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required an t� he Cor orate Seal shal -1 b�ixed to all documents requiring signatures. In the case of a artnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) 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 per set. A standard "Certificate of Insurance for Contract Work" form has been adopted by the City of Newport Beach. This form is the only certificate of insurance accept- able to the City. The successful low bidder will be required to complete this form upon award of the contract. (A sample form is attached for reference.) 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 holder's 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 Director of Industrial Relations has ascer- tained 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. A copy of said determination 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 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 10 -27 -77 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. 27,.;, o Classification ;7 - C&/. Accompanying this proposal is 1:/6 /a e% d , Cashiers Check 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. . (.:2i3) 7i/o 7 Phone Nu er Date Bidder Name (SEAL) i. 11%iA:1A ?n„ � o: ),Y ut'horized Signatu 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: 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. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Bidders Name Autho zed Signature Type of Organization (Individual, Co- partnership or Corp.) Address Bid or Proposal Bond . . The Travelers Indemnity Company Hartford, Connecticut (A STOCK COMPANY) KNOW ALL MEN BY THESE PRESENTS, That we,.......... PACIFIC TENNIS COURTS (hereinafter called the "Principal'), as Principal, and THE TRAVELERS INDEMNITY COMPANY, a corpora- tion incorporated under the laws of the State of Connecticut, and authorized by the Laws of the State of Cali- fornia, to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto.... CITY OF NEWPORT BEACH - - ----------------------- ----- --- ---- --- ---- ------ --- --- --_......---------------------- ---------- ------ -- ----------- -- - -- - ..(hereinafter called the "Obligee "), in the sum of.__Ten Percent (107,) of total amount bid 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 --------- -- ---1...- °- --- --- -------day of------- - -- March ............................... A.D. 19 -78 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall make any award to the Principal for._ _Marina Park Improvements --- - -- --- ------- -- ---- --------------------- ... 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: PACIFIC TENNIS COURTS, INC. (SEAL) i TRA By: --(SEAL) HPANY; ' - -- r'--� --- r- ----- r - ... ..,,............ Richard L. Wella Attorney -In -Fact S -602 Rev. I0-61 PAINTED IN U.S.A. W N N O� Cn � gn o x H n a ro a � rj) 0 N � z � � k r N n N O 0 0 H 0 O z x a 0 d � b State of C4100ra" County of Los Qaplee ss. On this— 1 111 day of March 19 78 , before me personally came Rlchavd L. Yell* to me known, who being by me duly sworn, did depose and say: that be !e Attorney(s)-in-fact of The Travelers Indemnity, Company, the Corporation described in and which executed the foregoing instrument; that In 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 hfM in accordance with the By -Laws of the said Corporation, and that be signed Us name thereto by like au rytjrnunnnunnuunuunnu n.ou.uWAlibam OFFICIAL SEAL .. LYDIA RODRIGUEZ o" NOTARY PUBLIC - CALIFORNIA LOS ,ANGELES COUNTY (Not a td My Commission Expires Nov. 14, 1900 X // innnuunnnnnuumnnn sOS9O °sOO1OSUnmMy wmmission expires._ -� ui•v.nr ...s! .. ..�. ` 'fie .. .. Z::.:uT. 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 AF day of My commission expires: mmnnrmmnnmmrmmmm�mvnrxmm�nxmrnnnmrmmm�mm�nmmnmvrmnr8 OFFICIAL SEAL MARY L. PRESTON NOTARY PUBLIC • CALI. JRNIA 3 "F PRINCIPAL OFFICE IN =_ c LOS ANGELES COUNTY My Commission Expires March 15, 1981 nnnnnnnnunrui amxwrxr iss! nn Expires March Nu , nmpn alWln rxi a )pp P ©p rL l.. LY L.Y 6 ° Notary Public STATEMENT OF FINANCIAL RESPONSIBILITY Page 6 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. )r Signed GEORGE PEEBLES Charter Member — U.S. Tennis Court & Track Builder Assoc. Licensed and Bonded 1925 BROADWAY • SANTA MONICA, CALIF. 90404 • 828 -7407 We are specialists in tennis court construction. Our work involves design, clearing, excavation, con- struction of walls, base (asphalt or concrete), fencing, lighting and surfacing the tennis court with Play -On, Plexipave, Laykold, Kemiko stain, Decoralt, or other desired surfaces. We construct waterproof courts over roofs and parking areas and build cushion courts using the new Cushion System. We also construct courts using the Uni -Turf and Steven's Sport Surface carpet. We install lighting featuring breakdown poles with Quartz, Incandescent, Metallic Vapor, Metal Halide, or Devoe systems. We also furnish and install tennis curtains and other accessories. Another division of our corporation specializes in the repair and resurfacing of old and problem tennis courts. We recommend the Acrylic System for both new and old courts (concrete and asphalt). The Acrylic System usually calls for a bond coat of water resistant flexible epoxy, two coats of Acrylic fillers, and one or two coats of Acrylic color. NOTE: Acrylic filler coats are the same color as Acrylic color thus giving.color indepth. An Acrylic surface is approximately thirty times the thickness of color coats and stains. The lines are white Latex acrylic paint. Acrylic fillers are pure acrylic with silica added. No asphalt binders are used. The speed of the court is controlled by the. size and characteristics of the silica. With the passing of time, the speed of the court does not change as happens with asphalt emulsions or colored stains. The Acrylic surface is not slippery even when wet. The only maintenance is washing when necessary. We have Acrylic courts in their tenth year of use with no maintenance to date. The concrete surface when it is prepared for Acrylic should have a light hair -broom finish and care should be taken so no ridges or rough spots are left in the surface. For an asphalt base court, asphalt should be placed in two lifts; the first lift — 1'/2" with maximum aggregate of %" and the second lift — 1112" with maximum aggregate of to sis". A suitable base should be provided — minimum thickness of 4 ". We have used Acrylic from Korea to New York. In New York, many courts are flooded during winter and used for ice- skating with no damage when the court is thawed. There are also basketball areas where regular street shoes are worn with no harm to the surface. Acrylic is not damaged by gasoline, oil or solvents so it is used for parking areas, pool decking and walkways. These areas have both concrete and asphalt bases. Valley Racquet Ciub, Claremont - 8 courts Sunrise Country Club, Palm Springs -9 courts Ironwood Country Club, Palm Springs - 8 courts Pan-ho 3onzaiez Tennis Ranch, [Malibu - 5 courts Pancho SegU.a, cVErl \/ ;^;ills T ennls Club, Beverly Hihs - 3 courts Del Saf„ ri Club, Palm Springs - 3 courts Facqual -_iun, Pairn Springs - 9courts Tennis Clot, Palm, Springs - 9 courts Eidorado Count;\; Club, Palm Desert- 2 courts Smoke Trae Ranch, Palm Springs - 6 courts Oklahoma City Country Club, Oklahoma City -4 courts Oklahoma City Racquet Club, Oklahoma City - 5 courts Sportsman's Counn -y Club, Oklahoma City - 2 courts Las Vegas Racquet Club, Las Vegas, Nevada - 5 courts Tennis Ciub of Santa Barbara, Santa Barbara, California - Birnam VVood Country Club, Santa Barbara -4 courts Knowiwood i en ns Club, Santa Barbara - 4 courts La Cumbr e "r1ur7r1,1 Club, Santa Barbara - 3 courts The Beach Club, Santa Monica - 8 courts Sand and Sag Club, Santa Monica - 5 courts Tres Vidas an 15 Pia, %a, Acapulco, Mexico - 3 courts Skyline Court,„ Club, Tucson, Arizona - 4 courts Newport Beach Tennis Club, Newport Beach -8 courts Braemar Count,,: Club, Tar%ana, Califomia - 4 courts Don Kati, Tennis Club, Highland Park, Illinois- 4 courts Canyon Crest Con y Club, Riverside- 4 courts Peter Paxton's Cab ;lfhr Racquet Club, Ventura, CalifornlE Live Oak Tennis Clue, Pasadena - 4 courts Lake Forest reach U Tennis Club, El Toro - 2 cou is Maui Country Ciub, iOia,;i, Hawaii - 2 courts Red Hdi --su -sl Club Upland - 2 courts Westport Beach Tennis Ciub, Playa Del Rey - 6 courts kNestside Rac__at Clot, Los Angeles - 6 courts Studio City Course, Studio City - 12 courts Highland Springs rRescrt, Beaumont -2 courts Malibu Racquet Cub, i\halibu - 8 courts Winner C1r7ie Tennis Ciub, Solana Beach -4 courts �''BC Penthocse _ai Club, Century City - 8 courts FDTEELS '!, Dt Ix I, w? ;d :=leT vrITFLEXES ntematioe,ai rii tci, . Vegas, Nevada - G courts Tropicana IOte , Lai aga$, Nevada - 2 courts Stardust :",•tal, L >s Vegas, Nevada -4 courts Nevada . 4 courts MGM Grand Hotel, Las\•`agas, Nevada - 5 courts Hdquna Kea Saac;, - ;atel, Howaii - 2 courts Royal Lahai,a =o:ei, \4aui, Hlawaii - 6 courts Furnace CrEe 'ailey - 2 courts Hotel Cabe San' -..._ , Baja, California, Mimco - 2 courts "ai: ;Lie•:;` " Beach, rCaalifornia- 7courts 12 courts 10 courts HOTEL AND APARTMENT COMPLEXES (cont.) Mission Plaza, San Diego - 2 courts Frontier Hovel, Las Vegas, Nevada - 6 courts Caesar's Palace, Las Vegas, Nevada - 4 courts Hacia.,da He *.el, Las Vegas, Nevada - 6 courts T na irlieadows, Culver City - 4 courts Mariners Viliage, I\ arina Del Rey.- 4 courts Hotel del Coronado, Coronado - 3 couris Greenbriar Townhouses, Las Vegas - 2 courts SCHOOLS AND CITIES University o N!isconsin, Madison, Wisconsin - 12 courts University or Hawaii, Hawaii - 6 courts City of Baldwin Hills, California - 2 courts City of Hermosa Beach, California - 2 courts City of Lomita, California - 3 courts City of Placentia, California - 2 courts City of Victory; Ile, California -4 courts C v or Coro ,ado, California - 2 courts City or° Itiiinnatka, Illinois - 4 courts Parris Hih Park, San Bernardino - 4 courts City of Los Angeles. California - 42 courts City of Papeete, Tahiti - 7 courts Cerritos College, Norwalk - 5 courts Oitros Jr. College, Azusa -8 courts Orange Coast Community College, Costa Mesa -6 courts Calif. State College at Dominguez Hills -6 courts Santa 10anica College, Santa !vlonice - 5 courts South Pasadena High School, Pasadena - 4 courts Venice High School, Los Angeles - 4 courts Oxnard Union High School Dist., Oxnard - 16 courts Santa 4, ?,a .!nified School Dist. - 4 touts University o California, Riverside -2 courts Mission San Luis Rey Academy, Oceanside, Calif. - 2 courts City of Oceanside, California - 2 courts Redlands University, Redlands - 10 courts University of San Diego - 12 courts Long Beach Unified School District - 21 courts Needles Unified School District, Arizona - 4 courts Oklahoma State University - 5 cour ts Oklahoma C;,y University - 4 courts Pacific, High School, San Bernardino - 6 courts 5ucklay School, Sherman Oaks - 1 court roil L. T `.RY iTSTAr LAT, °M Clark!` it Base, Philippines - 12 courts Kaneohe Marine Air Base, Oahu, Hawaii -5 courts 'Davy Base, Lon- Beach, California - 2 courts 8th krmy, Seoul, Korea - 10 courts Navy Base, Subic Bay, Guam si = :.ai _ Eny ms-.81;a-ions ations at p° vate horses. I' yogi th :r, please cal: or \M 'iie us. 71 .00 rK .4 a - -00 ------ ------- 4 lw ..club .�. Some club. Our Installations Club. La Cumbre Country Santa Barbara -3 Cous rt The Beach Club. Santa Monica — B Courts Sand and Sea Club Courts Santa Monica— Club. The Braemar Cou a G o s Tarzana. Cal. - -' Ctub. The Canyon Crest ountry Riverside. C111_4 lt Course. The Studio City S Courts Studio City ---I uel Club. Malibu — The Malibu Racq 8 Courts The Tennis Place t2 CoUhsaBrea. Los Angeles — Rancho La Cosla. La Costa. Calrornia -20 Courts ho Palm Springs Tennis Club-- - 11 Courts 11 lie I -as Vegrrs Racquet Club- ' 5 Courts The Sm1ta Barbar a To-" Club 12 Courts The Newpod Beach Tennis Club- -- i B Couils Poter Paxtc)ns Cabrillo Racquet Cluj Ventura. Cal. - -10 Courts The Maui Country Clucrlurts Maul Hawai,- 2 The Wesiside, Ra l(l �Courts Los Angeles - The ABC Penthouse R tub. CentuN City. L.A --- 8 Color's try Club 01 Salan Coun. Palm Springs - 8 Courts The Valley Racquet or S Claremont -8 Couds T FI Dorado he County Club. paten Desert i Courts The Smoketrec Ren�ourls Palm Springs 6 ub. The Birn,10) Wood aoCouds Santa Barbara __ The Knowlwood Tennis Club. Santa Barbnna4 Courts The 'P01" Club Saulta Barbara g Courts IncL[akiVirrlaroc, New1u1,+C18 Courts Vie Braden s Gota de Gan "a cans Ranch.�s,c Canyon. 9 ourt Gal,ionua l r Caesar s palace Coas Vega s. Nevada — Hacienda Hore' 'is eggs. Nevada — The Greenbriar7 Courtsises. Las Vegas V£�as- The Dunes Hotel. Las 5 nd Cities (partial List) Schools a Madison— University University of Wisconsin- 12 Courts University' of Ha%� ;aii. Ha' +'a»— 6 Courts 4 Courts City of Winnetka. Illinois -- Courts City of Papeete. Tab,ti—' _S Courts Oklahoma SiateUU;\,ees i\, a Cou,is Oklahoma City City of Los Angeles. Cationlia- 42 Courts e. Azusa - Cit; us Junior' Colleg 8 Courts Orange Coast Com, College. Ids Costa Mesa -6 Cou is Oxnard Union High School District. Oxnard -16 Courts Redlands University. Redlands 10 Courts Long Beach Unified School District —21 Courts strict Needles U11ily Co School Di. Arizona"— as. The City of L23 e ids Nevada — The City of San 13 Courts Caliiornia- Hotels and ApaRment Complexes The Mauna Kea Beach Hotel. Hawa.. 6 Courts Hotel Cabo Sao Courts Bala Cattornia-- s Vegas. national Co Courts Nevada- as. Tropicana Hole. �tsVe9 Nevada — Stardust 01, eggs. Nevada Riviera Holel. Las Vegas. Nevada ---8 C L< -ks Vegas. MGM Grand Hotel. Nevada - -10 Courts MGM Grand Hotel. Bello' Nevada - g Courts I r 5urla�fmf u�•m, . y f _ 4�. l to & 3 5 • c►t your reficlence•.. Pac.I Tennis Courts. Inc.. specializes in tennis Our services court construction. Include and construction W slabs. consultation. design and surfacing. provide site preparation, build walls, place install fences. lights, windscreens. We are one of the most experienced tennis cou t contractors in the tennis cou t construction field. to tennis courts s pacific Tennis Courts. Inc. was founded in 1962. Our work Is confineodrsown employees. and is accomplished by to control work n house cap abdlty enables us u Product for schedles. costs. and to build a better our customers. These maY We build halt, clay prioyntheticsals such as concrete. as rade. on parking decks. or on top be placed on 9 tennis of buildings . octant area of surfacing tennis e. In the Imp ed through exp called courts. we have developed surface system our own Proprietary astern uses a color bond coat Pacific Pave. This System ulti le coats of acrylic of polyvinyl chloride and n pThis method graded site of coude� peeds from which alto fine allows a wide rang to choose. We have built Hawalls andlMexicoof the united States Including a ore. Korea. London. Canada, , .nes Singapore' I Taipei. Tahiti and the Philipp' George Peebles President overseas Taipei 16 Courts Gur'n Anderson All Base 14 Courts Clark Air Base .-Ph'lippus �e 12 Cowls B se Eighth Army Scout Korea- -. 10 Courts Naval Base Ccgi s Philippines- Tennis Clubs oklaboma C'dy Racquet Glub- Oklahoma Clty _ 13 Gourls Tres Vidas en la Playa. Acapulco. Mexico -- -3 Courts Skyline Country Club. Tucson. AnzOna -4 Courts Don Kerb's Teens Club- courts Highland Park. Illino ",;- Mission Hills Count 3 Courts Palm Sphngs' Sunrise Country Club. Palm Springs - -16 courts Ironwood Country Club. Palm Spr')91-8 Courts nch. Pancho Gonzalez Tennis R: Malibu - --5 Courts Pancho Segura at The Beverly Hilt Tennis Club -3 Courts The Palm Springs Racnuot Club - 12 Courts The Monleney Tennis �71Courts Monterrey. Mexico i is are or co�nutu UOW P.S All pictures used "�a 'tic Tennis Courts. Inc. _ - courls constructed by _ ; ` € I .r opogmwjllmL MOIL-, 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 ,�1A ; 9A 4 Lot SA-t.1 gn d PR 1 of 5 CITY OF NEWPORT.BEACH PUBLIC WORKS 1FWTMENT MARINAPARK EMENTS _Q CONTROr NO. 1921 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 locations 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. 1921 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 DESCR PTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 1 Clearing, grubbing & site preparation, Lump Sum 18th Street parking lot site. Dol Lars and Cents $ $ DD per lump sum 2. 1 Clearing, grubbing and site preparation - Lump Sum remainder of project sites. and nts per lump sum 3. 800 Furnish, place and compact imported Cubic Yards clean sand fill. @� Dollars and i ,er Cents aef per cubic yard .:. ... �3 �. .. ymr..4<c," ^ti°'� •vim ...i.Y...-- _S`�v_°. J.....�6.�..a- .s.£v� �.'!' -. P 3£.F. ,;] • • PR2of5 Subject: Marinapark Improvements - Contract No. 1921 4. V 0 7 E E WORDS 235 Construct Type "A" P.C.C. curb and gutter, Linear Feet modified as shown. @ Dollars and Cents p li r foot 800 Construct Type "B" P.C.C. curb, Linear Feet modified as shown. Dollars and Cents per litlear foot ICE PRICE $ /ODra v$ O ��o 1 Construct P.C.C. cutoff wall. Lump Sum L Dol l ars and X20— Cents $ per lump sum 7,900 Square Feet 260 Linear Feet 132 Square Feet Construct P.C.C. sidewalk, modified as shown. @ Dollars and Cents nee sPoare foot. Construct P.C.C. mowstrip. @ - -- Dollars and Cents per linear 06t Construct 8 -inch thick P.C.C. cross gutter over compacted native soil. ✓ $/� $S. %U $�D v liars nd its $ Subject 10. 11 12. 13 14 W • PR3of5 Marinapark Improvements - Contract No. 1921 PRICE PRICE 230 Construct Type II P.C.C.4residential Square Feet driveway approach, modified as shown. @ _ ^ °,lars W5.10 and / ��q�; Cents $ ..3 $. ✓°�"'- � r s4 re ,foot 1 Construct reinforced P.C.C. multi - Lump Sum purpose court. �C _ ars and — Cents $_ per lu ,Ws um 1 Construct 2 reinforced P.C.C. Tennis Lump Sum Courts, including fencing, screening and provisions for future lighting. - Dollars JT % and ✓ per lump sum 500 Construct P.C.C. planter walls. Linear Feet @ iG�+C -- Dollars and /JG�✓ J�,C� Cents $ $ l/,GY�✓ per line foJ 1 Construct redwood benches on planter Lump Sum walls. @ Wr ol1ars and _ ez✓ Cents $ er lump sum i 91 Construct 6 -inch diameter P.V.C. pipe Linear Feet sleeves to planters. - - --- -- Dollars and CentsZ� $��' // ✓ 'er 1 ine o o t Subject: Marinapark Improvements - Contract No. 1921 . PR4of5 ITEM QUANTITY ITEM 5ESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 360 Construct 6 -foot high chain link fence, Linear Feet including screening. Dollars and �.� Cents � $ ��� $ �tys'O ✓! p 7�iqw foot ' G 17. 1 Reinstall salvaged chain link fence Lump Sum and gates. i��i%��� O11 a rs y %— �fJ -7%— and 2- Cents $ $e- a� per lump sum 18. 1 Construct Type OS curb inlet Each (L= 3' -6 ", H= 3.27') with modified local depression. @ iil �i✓q�/��l l a r s / and Cents $ $ 71z:� %S per each 19. 1 Construct Type OS curb inlet modified Each per detail, Sheet 3. @��/y/ . r,/Jit_ lars and Cents da $ er each 20. 100 Construct 15 -inch diameter A.C.P. j Linear Feet (C1assIV) storm drain. fa 1. Dollars and Cents 7� $% ✓ �7 g ���Q per linqproo b`�0 21. 12 Construct parking meter post and P.C.C. Each base. Dollars —Cents ,1. �d $��An�✓ per each PR5of5 Subject: Marinapark Improvements - Contract No. 19 PRI 22. 180 Construct Type MAWR 4000 A.C. Tons pavement. — =Doll ars �esoz and Cents 8� $f✓ _- 23. 280 Construct aggregate base. ?' Tons �7 @ i� v�id�C — -- cellars and ✓" Cents per ton TOTAL PRICE WRITTEN IN WORDS: Date ol1ars and Total $� ✓ CONTRACTOR'S LICENSE N0. 97o9sd TELEPHONE NUMBEf( .2/,3;) 8Z €-7yo7 CONTRACTOR'S ADDRESS M i; "� � yr? a ' "smeC'. ..-. ... .. ..� .uihB �.�� `��..:.� SSA rv+YT`.L..i£.: :�Wi�.��.� ..�bc•: a..r �a�a[Lil�� a PUT ~" s IT Iti WRITI SSi16ES, $AYE TIIAIE -` �p.� J r_.... ±_ ":. .. ... �. ... ..Y:,., .� . i .. .. ,� a_. .'. _ .'' —� .. .. ... � .. ,..:a .... :.'S -' ,. �ss l ... �/ .. '�- ��� Y S .ic�I .. .. _. tiY � v � .. -� �: .. .:,? e;i'j Oy Y+. -..� �� h 'Z' 4 T K':r l .....,. ! � L L 'ue.m �... TS _.�..].. March 14, 1978 CI.0 A IG... En,.l City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92663 Subject: Agreement to Modifications of Contract #1921, Marina Park Improvements. Gentlemen: Pursuant to the proposal dated February 28, 1978, to perform the subject contract, Pacific Tennis Courts, Inc. does hereby agree to the following modifications: Unit Price Revised 1. Item No. Revised Quantity Description _ as Bid Total Price 3. 700 cubic yards Clean sand fill $ 9.00 $ 6,300.00 7, 6880 Square feet PCC Sidewalk 2.15 14,792.00 8. deleted PCC Mow strip 5.70 0 11. deleted Multi-Purpose Court 7,320.00 0 13. 385 linear feet Planter Walls 12:94 4,981.90 15. 69 linear feet PVC Pipe Sleeves 4.21 290.49 2. Partial funding for this contract is to be Federal Revenue Sharing Funds, which require compliance by the contractor with the provisions of the Davis -Bacon Act and related acts. Therefore, work to be done under this contract for which Federal Revenue Sharing Funds apply (specifically, the construction of the tennis courts- - bid item number 12), shall comply with Part 5, Subtitle A, Title 29 of the Code of Federal Regulations. 3. The following adjustments in final payments for lump sum bid items associated with the work to be revised in (1) above are determined to be fair and reasonable representations of actual work to be performed and amounts to be earned: Revised Item No. Description % of work Total Price 2. Clearing, Grubbing & Site Preparation 90.2 $14,621.42 14. Redwood Benches on Planter Walls 75.5 736.13 Pacific Tennis Courts, Inc. agrees that the overall revision in the price of this contract, including unit quantity items adjustments in the award amount and the actual amount to be a total revised price of $113,949.35. It is further agreed we will comply with the Federal regulations pertaining to the use of Revenue sharing Funds on this contract. Pacific Signed: 'TUCSON • WEST LOS ANGELES • SAN DIEGO • HONOLULU Tennis Courts, Inc. George Peebles /President • SALT LAKE CITY • SAN FRANCISCO �- i STATE OF CALIFORNIA, COUNTY OF Los Angeles mMmXmN11t10mmmmmmllp� ,l�ImmN,IPmII,mImIX11M W m1 OFFICIAL SEAL = MARY L. PRESTON _ � NOTARY PUlIIC • GIIF'JRNU1 PRINCIPAL OFFICE IN l05 ANGlIlS COUNTY 5 IAr.misafon E xPires NWpemh�l5, l�im,m,,,,,R ss ON March 14, 1978 before me, the undersigned, a Notary Public in and for the said State, personally appeared George Peebles known to me to be the President, and xxxxx kn wn to to he the xxxx _Secretary of Pacific Tennis ours, nc. the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. PACIFIC TENNIS COURTS, INC. BALANCE SHEET October 31, 1977 and July 31, 1977 k " �°Gw�1��`� 4Y � o rn roFWp0111, J.� `FAC /F fq�N Property Condominium 68,745 68,745 Autos & Trucks 1099632 830807 Contracting Equipment 12,946 12,946 Office Equipment 12,479 12,479 Total Property 2039802 1779977 Less: Accumulated Depreciation 59,331 54,609 Property - Net 144,471 123;368 TOTAL ASSETS $ 8 461 $ 69® LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities Accounts Payable $ 1349000 $ 75,265 Payroll Taxes Payable 9,502 50992 Loan Payable 30,000 - -- Accrued Vacation Pay 833 -- Total Current Liabilities 174.335 81,257 Deferred Liabilities Federal and State Income Taxes Payable 124,509 96,711 Stockholders' Equity Capital 10000 10000 Retained Earnings 536,617 5139762 Total Stockholders' Equity 537,617 514,762 TOTAL LIABILITIES AND STOCKHOLDERS' EOUITY $ 836 461 $ 692,730 See accompanying notes to financial statements ' i • UNAtit PACIFIC TENNIS COURTS, INC. BALANCE SHEET October 31, 1977 and July 31, 1977 ASSETS October 31, July 319 1977 1977 Current Assets Cash in Bank $ 249374 $ 299103 Accounts Receivable 4879610 249,502 Inventory 98,000 60,000 Loans to Employees 6,085 6,193 Construction Billings in Process - -- 150,000 Investment Membership 2,500 2,500 Due from Officers 73,421 72,064 Total Current Assets 6919990 569,362 Property Condominium 68,745 68,745 Autos & Trucks 1099632 830807 Contracting Equipment 12,946 12,946 Office Equipment 12,479 12,479 Total Property 2039802 1779977 Less: Accumulated Depreciation 59,331 54,609 Property - Net 144,471 123;368 TOTAL ASSETS $ 8 461 $ 69® LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities Accounts Payable $ 1349000 $ 75,265 Payroll Taxes Payable 9,502 50992 Loan Payable 30,000 - -- Accrued Vacation Pay 833 -- Total Current Liabilities 174.335 81,257 Deferred Liabilities Federal and State Income Taxes Payable 124,509 96,711 Stockholders' Equity Capital 10000 10000 Retained Earnings 536,617 5139762 Total Stockholders' Equity 537,617 514,762 TOTAL LIABILITIES AND STOCKHOLDERS' EOUITY $ 836 461 $ 692,730 See accompanying notes to financial statements n c h ay -i (n Z U7 7r m D C3 v cn G 3 3 l IIII` �� w N'�N o� .9 J � N'.p.W K = p S J 6�•N �A. 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