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HomeMy WebLinkAboutC-1928 - Traffic signal, Irvine, 17th Street, Westcliff�� L � f• -Mss. ".. 41.^ TO: ,CITY COUNCIL '*tober 24, 1978 • a CITY COUNCIL AGENDA ITEM NO. H -10 FROM: Public Works Department SUBJECT: ACCEPTANCE OF INSTALLATION OF A TRAFFIC SIGNAL AND SAFETY LIGHTING ON IRVINE AVENUE AT WESTCLIFF DRIVE (C -1928) RECOMMENDATIONS: 1. Accept the work. 2. Assess liquidated damages in the amount of $11,000. 3. Authorize the City Clerk to file a notice of completion. 4. Authorize the City Clerk to release the bonds 35 days after notice of completion has been filed. 006111, *19UPF The contract for the installation of a traffic signal and safety lighting at the Irvine Avenue /Westcliff Drive intersection has been completed to the satisfaction of the Public Works Department. The bid price was $47,697.00 Amount of unit price items constructed 47,697.00 Amount of change orders 3,171.00 Total contract cost 50,868.00 Funds were budgeted in the Gas Tax Fund (Account No. 19- 5655 -014) A change order in the amount of $3,171 provided for the installation of secondary left -turn signals and bicycle push buttons, both of which had been omitted in the original plans. One half the cost of the project has been paid by the City of Costa Mesa in accordance with the terms of a cooperative financing agreement. The design engineering was performed by the City of Costa Mesa. The contractor is Electrend, Inc. of Los Angeles, California. The contract date of completion was October 27, 1977. Due to a delay in receiving the control equipment, the signal was not turned on until February 22, 1978, 119 days after the specified date of comple- tion. Of this amount, the turn -on was delayed 9 days until power could be supplied by the Edison Company. The supplier, Honeywell Inc., has not furnished any data that could, in accordance with the specifications, be considered for granting a time extension. Liquidated damages in the amount of $11,000 are thus recommended. This amount is computed on the basis of $100 per day times 110 days (119 days less 99 days for Edison power turn -on). Benjamin B. Nolan Public Works Director GPD:id TO: CITY COUNCIL FROM: Public Works Department June 27, 1977 CITY COUNCIL AGENDA ITEM NO. H -2(d) SUBJECT: TRAFFIC SIGNAL AT IRVINE AVENUE AND WESTCLIFF DRIVE - 17TH STREET (C -1928) RECOMMENDATION: Adopt a resolution awarding Contract No. 1928 to Electrend, Inc. for $47,697.00 and authorizing the the Mayor and City Clerk to execute the contract. DISCUSSION: Three bids for the installation contract were received and opened in the office of the City Clerk at 10:30 A.M., June 16, 1977. Contractor Amount Bid Electrend, Inc. $47,697 Paul Gardner Corp. 52,959 Grissom & Johnson, Inc. 54,260 The engineer's estimate for this project is $45,000. The proposed project provides for poles, traffic control equipment, and the p permissive left -turn phasing. Left turning turn accidents have significantly increased modification of the control equipment to be and provide for left turn protection. the upgrading of rovision for volumes and left - necessitating the demand responsive The plans were prepared by the City of Costa Mesa. The estimated completion date for the project is October 25, 1977. The City's share of the project is $23,848.50 and will be funded from Gas Tax Account 19- 5655 -014. The City of Costa Mesa's share of the project is $23,848.50. A budget amendment for their share of the roject has been prepared. �. PROJECT LOCATION Bill Darnell Traffic Engineer it fr. 114 ,) BED:bcd RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO ELECTREND, INC. FOR TRAFFIC SIGNAL AT IRVINE AVENUE AND WESTCLIFF DRIVE - 17TH STREET, CONTRACT NO. 1928 W(�/ WHEREAS, pursuant to the notice inviting bids for work in connection with installation of traffic signal at Irvine Avenue and Westcliff Drive, in accordance with the plans and specifications heretofore adopted, bids were received on the 16th day of June, 1977 and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is ELECTREND, INC.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Electrend, Inc. for the work in the amount of $47,697.00 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 27th day of June , 1977. ATTEST: City Clerk Mayor DDO /bc Z 6/24/77 0 • V �. %1Tr ~— PUBLIC NOTICE ?U BL.IC NOTICE" CITY OF NEWPORT BEACH, CALIFORNIA• , NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10 :30 A,M, on the 16th.dayot,7une, 1977, at which time they will be opened and read, for performing work as follows: INSTALLATION OF ,TRAFFIC, SIGNAL AND SAFETY LIGHTING:ATJRVINE AVENUE - AND WESTCLIFF DR, - 17TH ST., CONTRACT NO. 1928 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 $idQe�'sF;xi , m e to the City of Newport, ach,•.,tor . an affiountaU ft at least 10 percent of fherJl, The title of the project and'the words "SEALED BID"' shall be clearly marked on the outsid@.°19f enfelope containing the bid. .The. contract documents that must be completed, exe- doted, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non- collusloa 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 SF.0 RETARY are required and the CORPORATE SEAL shall be affixed to all documents requiring signatures. In the case of a Partnershlp,.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 coutractor'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 apd contract documents be returned within 2 weeks after, bid opening.. The City:has adopted the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (1976 Edition) as, .prepared by the Southern California Chapters of the Amer- ican Public Works Association and the Associated General -Contractors of America, Copies may be obtained -from Building News, Inc„ 3055 Overland Avenue, Los Angeles, California 90034, (213) 87D -9871. The City has. adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public' Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to'the City. The successful low bidder will be required to complete .this form upon award of the contract. For any required_ bonds, the company issuing Bid Bonds, Labor and Material .Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California, The' companies must also have a current General Policy Holders Raft of A or better; and a Financial Rating of at least AAA as. per the latest edition. of Best's Key Rating Guide. (Prop-. erty - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of. the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has aseer- tamed. the general .prevailing rate of per diem wages in the locality . in which the. work is to be performed for .each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these Items In Resolution No. 18950 adopted December 18, 1976.. A copy of said resolution Is available in the-office of the, City. Clerk. All parties to the contract shall be goverue& by all provisions of the California Labor'Code relating o. prevaU4 wage rates. % ctions_1770 -1781 inclusive).,, he; contractor. shall be responsible for compliance with Section, 1777:5 of; the California Labor Code for all ap Trenticeable 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. DORIS GEORGE, CITY CLERK. CITY OF NEWPORT BEACk,CALIFORPM'.; . Ppbhlshp June 2, ,1977, in the. Newport ;Harbor.. EGSigu4r; '- fL ! May 10, 1977 } CITY COUNCIL AGENDA ITEM NO. H -12 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: TRAFFIC SIGNAL AT IRVINE AVENUE AND WESTCLIFF DRIVE (17TH STREET) (C -1928) RECOMMENDATION: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 10:30 A.M. on June 16, 1977. DISCUSSION: This project provides for the modification of the traffic signal at Irvine Ave. and Westcliff Dr. (17th Street) intersection. This project is in the 1976 -77 Traffic'Signal Priority Program approved by the City Council on October 12, 1976. The proposed project provides for poles, traffic control equipment, and the p permissive left -turn phasing. Left turning turn accidents have significantly increased modification of the control equipment to be and provide for left turn protection. the upgrading of rovision for volumes and left - necessitating the demand responsive .J J The plans were prepared by the City of Costa Mesa. The estimated completion date for the project is October 25, 1977. The estimated cost of the project is 40,000. The City's share is estimated to be $20,000 with the City of Costa Mesa contributing $20,000. There are adequate funds in the gas tax account for traffic signal construction to cover the City's share of the project. Bill E. Darnell Traffic Engineer BED:bcd PROJECT LOCATION J RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute the subject cooperative agreement with the City of Costa Mesa. DISCUSSION: This project provides for the modification of the traffic signal at Irvine Avenue and Westcliff Drive (17th Street) intersection. This project is in the 1976 -77 Traffic Signal Priority Program approved by the City Council on October 12, 1976. The proposed project provides for poles, traffic control equipment, and the p permissive left -turn phasing. Left turning turn accidents have significantly increased modification of the control equipment to be and provide for left turn protection. the upgrading of rovision for volumes and left - necessitating the demand responsive The subject agreement provides for the City of Costa Mesa to design the project and the City of Newport Beach to administer the construction contract. The estimated cost of the project is $40,000. The City's share is estimated to be $20,000 with the City of Costa Mesa contributing $20,000. Funds for the Newport Beach share are budgeted in the current gas tax account. 7 ;Z j �Z �( PROJECT LOCATION Bill __E. Darnel l JI Traffic Engineer �r- -�4�i1 1 "�R k BED:bcd 1 r. ..r,nao- [ •" 1 ILA z l sr 11 February 28, 1977 By ' CITY COUNCIL AGENDA °' �siV,PPit7 ITEM NO. H -2(c) Bts4Cry TO: CITY COUNCIL FROM: Public Works Department SUBJECT: COOPERATIVE FINANCING AGREEMENT FOR THE MODIFICATION OF THE TRAFFIC SIGNAL AT IRVINE AVENUE AND WESTCLIFF DRIVE (17TH STREET) RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute the subject cooperative agreement with the City of Costa Mesa. DISCUSSION: This project provides for the modification of the traffic signal at Irvine Avenue and Westcliff Drive (17th Street) intersection. This project is in the 1976 -77 Traffic Signal Priority Program approved by the City Council on October 12, 1976. The proposed project provides for poles, traffic control equipment, and the p permissive left -turn phasing. Left turning turn accidents have significantly increased modification of the control equipment to be and provide for left turn protection. the upgrading of rovision for volumes and left - necessitating the demand responsive The subject agreement provides for the City of Costa Mesa to design the project and the City of Newport Beach to administer the construction contract. The estimated cost of the project is $40,000. The City's share is estimated to be $20,000 with the City of Costa Mesa contributing $20,000. Funds for the Newport Beach share are budgeted in the current gas tax account. 7 ;Z j �Z �( PROJECT LOCATION Bill __E. Darnel l JI Traffic Engineer �r- -�4�i1 1 "�R k BED:bcd 1 r. ..r,nao- [ •" 1 ILA z l sr 11 C< ": v= RESOLUTION NO. %f:YS 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF COSTA MESA FOR MODIFICATION OF TRAFFIC SIGNAL AT IRVINE AVENUE AND WESTCLIFF DRIVE 171- A(� WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain cooperative financing agreement between the City of Newport Beach and the City of Costa Mesa for modification of the traffic signal at Irvine Avenue and Westcliff Drive; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 24th day of February , 1977. ATTEST: City Clerk Mayor DDO /bc 2/22/77 all The City Council on October 24. 1978 accepted the work of subJeat proJeat and authorised the City Olssk to file a Notice of Completion and to release the beats" days after Notice of Completion has been filed. Notice of Completion was filed with the Osanga County Recorder an November It 1978 in Book No. 129060 Page 1880. Please notify Your emrety cony that bonds my be released 39 days after recording date. DORIS GBORAS City Clark DOsat out. aa: Public Works Department �:= , ; .' ,:y:;: ,. , rl TO C1T'(' CJ 3FACH NEWPORT CEP,"", CALIF. 92663 EXEMPT C3 NOTICE. OF COMPLETION PUBLIC WORKS BK 12906PC 1 880 RECORDED IN OFFICIAL. KLUUKUb OF, ORANGE COWiTY, CALIFORNIA 1' .,t P 3 P M Nov 1 1878 Past LEE A. BRANCH, County Recorder. Jo All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE. NOTICE that on February 22, 1978 the Public Works project consisting of installation:of a traffic signal and safety lighting on Irvine Avenue at Westcliff Drive. on which Electrend Inc. of Los Angeles was the contractor, and Lumbermens Mutual Casualty Company was the surely, was completed. 'T VERIFICATION I, the undersigned, say: CITY OF NEWPORT BEACH ]Public 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 October 27, 1978 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 October 24, 1978 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 October 27, 1978 at Newport Beach, California. Deputy Cit Clerk 9 • CITY OF NEWPORT BEACH CALIFORNIA Date: October 27, 1978 Lee A. Branch County Recorder P. 0. Box 238 Santa Ana, California 92702 Attached for recordation is Notice of Completion of Public City Halt 3300 W. Newport Blvd 640 -2251 Works project consisting of installation of a traffic signal and safety lighting on Irvine Avenue and Contract No. 1928 Westclitf Drive. on which Electrend Inc. of Los Angeles was the Contractor and Lumbermens Mutual Casualty Company . was the surety. Please record and return to us. Very truly, yours, Ao'ris George V City Clerk City of Newport Beach Encl. CITY OF NEWPORT BEACH Date July 19, 1977 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No.. 1928 Project Install traffic signal & safety lighting at Irvine Ave. & Westcliff Drive - 17th St. Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Electrend, Inc. Address: 1848 Echo Park Avenue, Los Angeles, CA 90026 Amount: $47,697 Effective Date: 7-19 -77 Resolution No. 9133 A:�:�Doris Geo e Att. cc: Finance Department C] City Ifall • 3300 Newport Boulevard, Newport Beach, California 92663 . CONTRACT NO. 1928 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT IRVINE AVENUE AND WESTCLIFF DRIVE -17TH STREET SUBMITTED BY: Electrend, Inc. Contractor AWNEcho Park Avenue ss CITY CLERK Log Angeles- CA 90026 Approved by the City City Zip Council this 23rd day of May, 1977 (213)666 -2432 Phone Atynlerk; oris orge ' $47 0 To ta Bid Price • PR 1 of 2 TRAFFIC SIGNAL AND SAFETY LIGHTING AT IRVINE AVENUE AND WESTCLIFF DRIVE -17TH STREET CONTRACT NO. 1928 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 1= and will take in full payment therefor the following unit prices for each item, complete in place, to wit: a it@1 2 to 1 Lump Sum Construct traffic signal and lighting system at the intersection of Irvine Avenue and West- cliff Drive -17th Street $47-697.00$47.697.o0 TOTAL PRICE WRITTEN IN WORDS: Forty -seven Thousand Six Hundred and Ninety -seven Dollars and No Cents im CONTRAC OR S ME Ju VA Tne 16, 19_x_ • PR 2 of 2 . I WHET ff fl 1 1 CONTRACTOR'S ADDRESS 1848 Echo Park Avenue TELEPHONE NUMBER 213 - .666 -.2432 CONTRALTO S LICENSE NO. Designate the firm or company that will supply the control equipment: done � s. _ Name of ,rm Inor ompany _505 South Main. Orange. CA ress Telephone Number(714)558 -7400 n 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 �]� -�Q— A. M. on the 16th- day of 193L, at which time they wi1T be opened and read for performing work as fo lows: INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT IRVINE AVENUE AND WESTCLIFF DR. -17th St. CONTRACT NO. 1928 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—Corporate � te Seal shall be affixed to all documents r— eq— u- it ng signatures. In the case of a ar>s 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 S ecifications for Public Works Construction (1976 Edition) as prepared by the Southern Ca ifornia Chapters of the American Public Works Association and the Associated =Seneral Contractors of America. Copies may be obtained from Building News, Inc.; 1055 Overland Avenue, Los Angeles, California 90034, (213) 870 - 9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Category of at least Class X as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8950 adopted December 13, 1976. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The contractor shall be responsible for com- pliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. oe,,;zed ..19 -14-U- 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. 253613 Classification C10 Accompanying this proposal is Bidder's Bond Cas , Certified Check, Cas ier s Check or Bon in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. Phone Nu er UOTEMNOWILD Bid er s Name (SEAL) ALft9oYA'zd Signature Authorized Signature Co rnoration 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: Louis Kashmere President Daniel Hinderlich - Vice - President j 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. Flprtrpnd. Tnr. Bidders Name S /Kent M. Simmons Authorized Signature fnrnnratinn Type of Organization (Individual, Co- partnership or Corp.) w.m-wirjr,T3r-IlErl.,IIIL-ToTilq M. "FOR ORIGINAL SEE CITY CLERK'S FILE COPY" Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, Electrend. Inc. , as Principal, and Lumhermens Mutual Casualty Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten RArrpnf nf Rid Dollars ($ 10% of bid), 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 Traffic Signal and Safety Lighting at Irvine Avenue and Westcliff Drive - 17th Street. Contract No. 1928 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 16th day of June , 19 77 Corporate Seal (If Corporation) Electrend, Inc. Principal S /Louis Kashmere, President (Attach acknowledgement of Attorney -in -Fact „/Alicia B. Risdon Lumbermens Mutual Casualty Company ,tune 16, 1977 Surety Commission expires 6/10/80 By S /James A. Bolton Title James A.Bolton, 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. S /Kent M. Simmons Electrend. Inc. Subscribed and sworn to before me this 16thday of ,rune , 19 71_. My commission expires: February 16, 1981 S /Rarhara n_ Hackall Notary Public "FOR ORIGINAL SEE CITY CLERK'S FILE COPY" STATEMENT OF FINANCIAL RESPONSIBILITY Page 6 Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. S /Kent M. Simmons Signed Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No 1977 City of Westminster Martin Kiefer (714)898 -3311 S /Kent M. Simmons Signed ISSUED IN QUADRUPLE BONG N0. 7ST340 -488 Premium: Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 27, 1977 has awarded to hereinafter designated as the "Principal ", a contract forinstallation of traffic tzicinal and safetV llahti,ng at Irvine Avenue d Westcliff Dr. -17th Street C -1928) 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 Electrend, Inc. as Principal, and Lumbermens Mutual Casualty Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of three thousand eight hundred forty eight & 50/00 Dollars {$ 23,848.50 said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that.if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon Page 9 (Labor and Material Bond - Continued) this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5th day IkaNmermanc Mutual Casualty Company (Seal) Name of Surety 0 ddre�s of— Surety Signature and Title of Authorized Agent 234 S. Loma 'rive Los Angeles, CA 90026 ddress of Agent 484 -2800 Telephone No. of Agent �2 »! |! §! �! ■� �} ■ �, , !: � |c 4C ■ / | meQ �L4 in $ IS, \§\ .� 'J |I � .�] ; |} ; ■ ; &I ;�. |0a �\ �!� < �$ \� � ■j ,I ,f ( } � § � [ , � ( } \ z 0 ■ � � ( PC k � � $ � I } \ \/ � \ \� f ^ \3 £ x : R | ;/ £ {§ LUMBERMEN, MUTUAL CASUALTI COMPANY A e060RATI" 1piaYNANC! Home Office: Long Grove, Illinois 60049 POWER OF ATTORNEY SNow ALL MEN BY THESE PRas=s: That the LU1aBERMENS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in the Village of Long Grove, Illinois, does hereby appoint Dorance D. Bolton, William D. Bolton and James A. Bolton of Los Angeles. California ( EACH)* * * * * * * * * * * * * * * * * * * * * * * ** * * * * * ** its true and lawful agent(s) and attomey(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1, 000, 000.00) * * * * * * * ** This appointment may be revoked at any time by the LubmEmirms MUTUAL CASUALTY COMPANY. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said LUMSEaMExs MUTUAL CASUALTY COMPANY as fully and amply to all intents and purposes, as if the same had been drily executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said LUMBERMENs MUTUAL CASUALTY COMPANY on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Sec. retary as being in full force and effect: -VOTED, Thu the President or any Vice President or Secretary or any Assistant Secretary of the Company shall have power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach, the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 18th day of May, 1965: -VOTED, That the signature of the Predddt, any Vice President, Secretary or Assistant Secretary, and the Seal of the Company, and the certification by any Secretary or Assistant Secretary, may be affixed by faca mile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1967, and any such power so executed, seated and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." IN TESTruoNY WmmxoP, the LUMBEEMENs MUTUAL CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this ........... 25th . .........................day of _ ..... _..... 19.Y.Z. Attested and Certified: C. G. Swan Secretary QTATE OF ILLINOIS i ya COUNTY OF LABS 1 LUMBERMENS MUTUAL CASUALTY COMPANY X14- ''-r- By._ H. L Renvicott, Jr. Via President 1, Jean Petzold, a Notary Public, do hereby certify that H. L. Beanfcott, Jr. and C. G. Swan personally known to we to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermen Mutual Casualty Company, a Corporation of the State of Blinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses anddd purposes therein set forth. n• � U .au My commission expires: May 10, 1976 `•'/ lea¢ Petmld —Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the Lumbermen Mutual Casualty Company, do hereby certify that the attached Power of Attorney dated._...._. .sTaIIU.a,Lj!_'2��...- ...._ —.on behalf D. Bolton &,James A. Bolton of Los.- Angeles,_CA ;, a LILC and COReet COpy 8nd that the same has been in full fora and effect since the date thereof and is in full force and effect on the date of this mrtifuate; and I do further certify that the said H. L. geanicott, Jr. and C. G. Swan who executed the Power of Attorney as Via President and Secre- tary respectively were on the date of the execution of the Attached Power of Attorney the duly elected Via President and Secretary of the Lumbermen Mutual Casualty Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate Seal of the Lumbermen Mutual Casualty Company on tt,a< .rsi h - -day of JU1.)L—.--.— 19 -77 e gaga '" _ -.—, Secretary sr<¢ L iolu¢son This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no.authority to bind the Company except in the roamer and to the extent herein stated FA 364.2 11.73 5M GENERAL CERTIFICATE A at A LIMITED 1963 MURae I" u.a.A. ISSUED IN QUADRUPLE . BOND NO. 7ST 40 -488 Premium: $179.00 Page 10 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 27. 1977 has awarded to Electrend Inc. hereinafter designated as the "Principal ", a contract for installation of traffic signal and safety lighting at Irvine Ave. and Westcliff Dr. -17th St. (C -1928 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Electrend, Inc. as Principal, and Lumbermens Mutual Casualty Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Forty seven /six hundred ninety seven and no/100'---------- Dollars ($ 47,697.00 J, t obi san 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 inzff 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 5th day of July , 19 77 Lumbermens Mutual Casualty Company (Seal) Name of Surety 3545 Wilshire Blvd., Los Angeles, CA 90005 Address of Surety Signature and Title of Authorized Agent 234 S. Loma Drive, Los Angeles, CA 90026 Address of Agent 484 -280n Telephone No. of Agent O O 8 aa+ { M I W I y x r. a Z 0 o, i W J co W K¢u °o¢ HI J O� d u s O G a a m � '9 0 ^oa O p 8 u uM4 � V a 8 0�q .6 bo PC p O ?3sA1 W F PC O 9 'v O po tl g 0 a °a R a V b p N 8 O ; Q ,,0 tlA u �\ yL9 0 W va < J. z f A 8 e6 I °o s r O LL a T � u� a i an m �n �n �O �m �N oy z 4. °LUMBERMENS MUTUAL CASUALTY COMPANY ' ♦ eoslwaAnoir 0"UP"In! Home Office: Long Gran, 71Wtoh 60049 POWER OF 1►' RNEY Kwow. ALL MEN BY THESE PRESENTS: That the Luxlm T3&xxs MUTUAL CASUALTY ComPANY, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in the Village of Long Grove, Illinois, does hereby appoint Dorance D. Bolton, William D. Bolton and James A. Bolton of Los Angeles, California ( EACH}***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** its true and lawful agent(s) and attomey(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1, 000, 000.00) * *** * * * ** This appointment may be revoked at any time by the LunmitmaNs MUTUAL CASUALTY CoMPANY. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said LumfiBanmNs MUTUAL CASUALTY COMPANY as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said LumBygmENs MuTuAL CASUALTY COMPANY on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Sec- retary as being in full force and effect: -VOTED, That the President or my Vim President or Secretary or any Assistant Secretary of the Company shall have power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, rerognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for somptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 18th day of May, 1965: "VOTED, That the signature of the Praiddot, any Vice President, Secretary or Assistant Secretary, and the Seal of the Company, and the certification by any Secretary or Assistant Secretary, may be affixed by faafm0e on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16. 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company." IN TESTIMONY WHEREOF, the LumaEamENs MUTUAL CASUALTY CoaTPANY has caused this instrument to be signed and its corporate seal to be affixed by its } uthorized officers, this -_ -------- 25.th ............. •........... day of LUMBERMENS MUTUAL Attested and Certified: CASUALTY COMPANY BY —� C G. Swan Secretary 8 L Kenniett, Jr. Vice President STATE OF ILLINOIS j s COUNTY OF LAKE J I, Jean Petzold, a Notary Public. do hereby certify that H. L. Keanicott, Jr. and C. G. Swan personally known to me to be the same persons whose names asst respectively as Vice President and Secretary of the Lumbermen Mutual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and ppurrp�o�seesJ - therein set forth. My commission expires: May 10, 1976 ` -J +` Joan Pelaold Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the Lumbe:mens Mutual Casualty Company, do hereby certify that the attached Power of Attorney dated._...._ 1I8I111RT }J._25- ,.- ..142Z_._.._._.oa behalf oL�Qran��-- ..1;2T1.r— W118I1: is__"�..:_�..: w.-_•_.— s _.!���_ °�_•= :_�..— °.- ��.:__ : =is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said IL L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vitt President and Secre- tary respectively were on the date of the execution of the Attached Power of Attorney the duly elected Vice President and Secretary of the Lumbermen Mutual Casualty Company. IN TESTMONY WHEREOF I have hereunto subscribed my name and affixed the ate seal of the Lumbermens Mutual Casualty Company on this_ �th._..day of �u._ —.— , 19 x¢Aa ............... -.._ ... _.._._.._._...__..._.. ..__._..__.._......_....... _... Secretary Sven L lohanaoo This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no.authority to bind the Company except in the manner and to the extent herein stated FA 364.2 11.73 5M GENERAL CERTIFICATE A a A LIMITED 1967 Millren IM Y.N.A. Page 12 CONTRACT THIS AGREEMENT, made and entered into this 19 ,: day of" 1922, by and between the CITY OF NEWPORT BEACH, California, hereinaf4er designated as the City, party of the first part, and Electrend, 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 Traffic Signal and Safety Lighting at Irvine Avenue and Westcliff Drive- 17th Street (C -1928) 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 EWPORT BEAC CALIFORNIA By: Mayor ATTEST: V, V, Title BOLTON &.COMPANY 234 SOUTH LOMA DRIVE LOS ANGELES, CA 90026 NAME AND ADDRESS OF INSURED ELECTREND, INC. AND SIGNALITE, A DIVISION OF ELECTREND, INC. 1848 ECHO PARK AVENUE LOS ANGELES} CA 90026 COMPANIES AFFORgM1 gWVERAGES COMPANY AST. PAUL FIRE & MAyan -10. CO. LETTER COMPANY 'Er RNY C FREMONT INDEMNITY COMP COMPANY D LETTER COMPANY E LETTER 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. ucJCHIPIIUN UV UPLHAIIDNS /LDCATIONS/VEHICLES CONTRACT # 1928 - TRAFFIC SIGNAL & SAFETY LIGHTING AT IR INE AVENUE AND WESTCLIFF DRIVE 17th STREET, NEWPORT BEACH, CA. SPECIAL CERTIFICATE ENDORSEMENT ATTACHED Cancellation: Should any of the above des�,Abed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mai13UIS days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME ITY OFSSNEWPI�FRTTE��L�CH 3300 Newport Boulevard Newport Beach, Ca. 92663 DATE Limits of Liabili in Thousands( 0) COMPANY LETTER TYPEOFINSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ b ° A COMPREHENSIVE FORM 695 NA 0892 11 -01 -79 500, 500, ® PREMISES— OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE loos 100 , HAZARD ® UNDERGROUND HAZARD ® PRODUCTS /COMPLETED OPERATIONS HAZARD BODILYINJORY AND ® CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENOENT CONTRACTORS 'Applies to Products/Completed $ 500, ® PERSONAL INJURY Gper.ti.,,s H..Ul. (PERSONAL INJURY) AUTOMOBILE LIABILITY BODILY INJURY 500 (EACH PERSON) $ } A 0 COMPRFHENSIVE FORM 695 NA 0892 11 -01 -79 BODILY INJURY $ 500, (EACH OCCURRENCE) SJ OWNED PROPERTY DAMAGE $ HIRED BODILY INJURY AND NON -OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND B UMBRELLA FORM p 7924 O8 27 11 -01 -77 $ 1 000 $ 1 000 ❑ OTHER THAN UMBRELLA PROPERTY DAMAGE COMBINED X- f } OF PR } MARY FORM WORKERS' COMPENSATION _ STATUTORY C and wP 77 40008 04 -01 -78 EMPLOYERS' LIABILITY $ IcACM wcmENTy OTHER ucJCHIPIIUN UV UPLHAIIDNS /LDCATIONS/VEHICLES CONTRACT # 1928 - TRAFFIC SIGNAL & SAFETY LIGHTING AT IR INE AVENUE AND WESTCLIFF DRIVE 17th STREET, NEWPORT BEACH, CA. SPECIAL CERTIFICATE ENDORSEMENT ATTACHED Cancellation: Should any of the above des�,Abed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mai13UIS days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME ITY OFSSNEWPI�FRTTE��L�CH 3300 Newport Boulevard Newport Beach, Ca. 92663 DATE 0 CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK CONTRACT NO. 1928 This is to certify that the Company named below has issued to the Named Insured the policy of comprehensive liability insurance indentified 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 limit for Comprehensive Liability (bodily injury or death) is $500,000 each occurrence, $500,000 aggregate and (property damage) $100,000 each occurrence. 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 addressed as follows: City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, California 92663. — M 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 for 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 July 12, 1977 when signed by an Authorized Representative of ST. PAUL FIRE & MARINE INSURANCE COMPANY (Name of Insurance Company) and when issued to City shall be valid and form part of Policy No. 695 NA 0892 insuring ELECTREND, INC. (Named Insured) expiring November 1, 1979 NAME OF AGENT OR BROKER BOLTON & COMPANY ADDRESS - AGENT /BROKER M 234 South Loma Drive Los Angeles, Ca. 90026 ve 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. NOTE ATTACHED CERTIFICATE CONFIRMING UMBRELLA LIABILITY COVERAGE A. RESOLUTION NO. 9 13 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO ELECTREND, INC. FOR TRAFFIC SIGNAL AT IRVINE AVENUE AND WESTCLIFF DRIVE - 17TH STREET, CONTRACT NO. 1928 WHEREAS, pursuant to the notice inviting bids for work in connection with installation of traffic signal at Irvine Avenue and Westcliff Drive, in accordance with the plans and specifications heretofore adopted, bids were received on the 16th day of June, 1977 and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is ELECTREND, INC.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Electrend, Inc. for the work in the amount of $47,697.00 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 27th day of June Mayor ATTEST: City Clerk 1977. DDO /bc 6/24/77 B I D S U M M A R Y Installation of Traloc Signal at TITLE Irvine & Westcliff Dr. -17th C -1928 COHTRACT N0. C -1928 ENGINEER'S ESTIMATE 40 000 n LJ LOCATION Irvine & Westcliff -17th TIME 10:30 AM DATE June 16, 1977 BY CHKD DATE CONTRACTOR, TOTAL PRICE. 1 �" fi /� ✓�� S- COP �y r L' ✓. � Vii' f ✓� Y 3 4 5 6 7 8 9 10 11 W2264� CONTRACT NO. 1928 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT IRVINE AVENUE AND WESTCLIFF DRIVE -17TH STREET Approved by the City Council this 23rd day of May, 1977 y C erc, Vorls e SUBMITTED BY: ELECIR.c INC. Contractor 1848 ICIO PARK AVENUE ress LOS ANGELES, CALIFORNIA 90026 City Zip (213) 666 -2432 Phone 117 97 m Total Bid Price V • • PR 1 of 2 TRAFFIC SIGNAL AND SAFETY LIGHTING AT IRVINE AVENUE AND WESTCLIFF DRIVE -17TH STREET CONTRACT NO. 1928 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. _1�gg�?�gg and will.take in full payment therefor the following unit prices for each item, complete in place, to wit: 1 Lump Sum Construct traffic signal and lighting system at the intersection of Irvine Avenue and West - cliff Drive -17th Street /P 97� TOTAL PRICE WRITTEN IN WORDS: Dollars and ELE FRID INC. C0NTRAC OR 'SN A ME JUNE 16, 1977 DATE 0 PR 2 of 2 CONTRACTOR'S ADDRESS 1848 ECHO PARK AVENUE - LOS ANGELES, CALIFORNIA 90026 ti TELEPHONE NUMBER 213- 666 -2432 253613 CONTRACTOR'S LICENSE NO. Designate the firm or company that will supply the control equipment: L.L ult7 Aaaress Telephone Number SS$" %x{00 11 Page l 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 �_ A.M. on the day of �unP 193, at which time they will be opened and read, for performing work as fo—' ws: INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT IRVINE AVENUE AND WESTCLIFF DR. -17th St. CONTRACT NO. 1928 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 Sec r�etar or Assistant Secretary are required an t3— he CCorPorate Seal shat be of ixed to ail documents requiring signatures. In the case of a arm 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 $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Category of at least Class X as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8950 adopted December 13, 1976. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The contractor shall be responsible for com- pliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a. copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. 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. 253613 Classification C10 Accompanying this proposal is BIDDER'S BOND Cas , Certified C eck, Cashier's Check or Bon in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. 213 - 666 -2432 Phone Number JUNE 16, 1977 Kent M. Simmons Authorized Signature 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: Louis Kashmere - President Daniel Hinderlich - Vice - President Sharon Kashmere - Secretary Louis Kashmere - TYeasurer 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. CORPORATTON Type of Organization (Individual, Co- partnership or Corp.) N • 'T11._ N �\ it 11 24114 •1111y' LUMBERMEN19MUTUAL CASUALT16 COMPANY -} (A MUMAL INSURANCE COMPANY) ., Rome Ogee: Long Grove, Minois 60049 .a BID OR PROPOSAL BOND BOND N0 ------ ---------- - --------------- KNOW ALL MEN BY THESE PRESENTS, That we- --- -- -- ----- ---- -- ------------ ELECTRENDr_ INC. - -------------------•-•-------._...---------------•-••--•-••--••-•---------------_---- ------------------------------------------- ----------------------------------------------- - .............................................................. -............. of --------- _--------- LAS ANGELES----------- __--- -_________ ..... _ - ---- (hereinafter called the Principal), as Principal, and LUMBERMENS MUTUAL CASUALTY COMPANY, a corporation, organized and existing under the laws of the State of Illinois and authorized to become Surety in the State of___ CALIFORNIA _______ __ (hereinafter called the Surety) as Surety, are held and firmly bound unto__________________________________________ ---------------------- CITY --- OF_NEWPORT BEACH (hereinafter called the Obligee) in the penal sum of ------------------ TEN PERCENT OF BID AMOUNT- - - - - -- --- --- --- - - - -- ---- --- - - - - --- - - - - - -- ----------------------------------- ---- - - - - - -- Dollars f$ .... 19 .................. ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING ( #1928) NOW, THEREFORE, the condition of this obligation is such that if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said con- tract; or if the Principal shall fail to do so, pay to the Obligee the damages which the Obliges -may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shplLbe.voi4; Other. wise to remain in full force and effect. _>1 - �- SIGNED. SEALED and DATED this ..... 16th ... da� of__ __!?-- -- - -- ------------------ „ 1q- 77.�. _ ELE ND, IN . --- ---•-- ... . __�._ _ .__ . * i 1 ' -- LUMBERMENS MUTUAL CASUALTY COMPANY,- _ _ -- BY - -- - . WITNESS: James A. Bolton AttonWt in.Faot. FA 66.2 9 -76 3M lNINTt01N Y.MI.A. � r x�a a 50 MO �r o no to vc i NS-4m •fiR � �� • I i � F sr.. x I a-w� It STATE OF California COUN Ty OF Los Angel es W IL ~ ,,,_,Alicia B. Risdon _......... s Notary PWAic in and for the state and county afore- said. do hereby certify that. jdme.... BOi ton __ _of the Bolton-&--CO . ..ton.........., _•-- ._.......;.._ ..._.. . _... _ ......................... .-- ..- - -. -_. _...._--- -- ._.._------------------ who is personally known to me, appeared before mt _ and acknow����� that he i ed, sealed and delivered the foregoing instrument as his free anf voluntery act a ..at}orney_ in- tact,,,,,,,,,,_ ......... ....... ............. _.. .. ............ .. ...... _._.._.of ....... .., ........ . and as the free and voluntary act of the ...... ........................................... -... ....... » .... _.... ...... _................... Given under my hand and Notarial Seal UNFIC;iAL $SAL ALiCA B. RiSD( My commission 'r: -,, nrnr- n,xnr---- • -rxrre uses and purposes therein act forth. ....... day of ..... Act— A. D. 19...7,!... Notary Public xMMAL TA' PR ;N PA r OMOE M FK 230 7.78 SM Lu8 ac.,.lIE5 COUNTY mum re- U.MIJ6 My Commisaian Upires June 10, 1980 LUMBERMEN MUTUAL "CASUALTY COMPANY INSURANCE Home Office: Long Grove, Illinois 60049 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Luumit=Ns Mu=AL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in the Village of Long Grove, Illinois, does hereby appoint Dorance D. Bolton, William De Bolton and James A. Bolton of Los Angeles, California ( EACH)***** * * * * * * * * * * * * * * * * *** * * * * * * * * * * ** *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** its true and lawful agent(s) and attomey(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ( $1, 000, 000.00) * * * * * * * ** This appointment may be revoked at any time by the LuMSEmaxS MUTUAL CASUALTY COMPANY. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Lum:agRmzNs MUTUAL CAsuALTY COMPANY as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said LuwszRxFNs MuTOAL CAsuALTY COMPANY on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Sec- retary as being in full force and effect: -VOTED, That the President or any Vice President or Secretary or any Assistant Secretary of the Company shall have power and authority to appoint agents and attorneys in fact, and to authorize them to esenite on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 18th day of May, 1965: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Company, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power an executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.' IN TESTIMONY WHUMP, the Lr mBrituilxs MuTUAL CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this------- ----25 th .........................day of Attested and Certified: _el C. G. Swan Secretary STATE OF ILLINOIS } as COUNTY OF LAKE LUMBERMENS MUTUAL CASUALTY COMPANY IC IL L Kenniwer, Jr. Via President I, Jean Petzold, a Notary Public, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan personally known to me to be the me persons whose names are respectively as Via President and Secretary of the Lumbermen Mutual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes .therein set forth. My commission expires: May 10, 1976 -1". Public Petmld Notary Publ CERTIFICATION I, Sven L. Johanson, Secretary of the Lumbermen Mutual Casualty Company, do hereby certify that the attached Power of Attorney dated _ ......... rZanua ,2'j. -25 y...lg7-.Z. - ---- . on behalf of_D.O.TRn.0 -.D _-1aQ3 t- one._W -.1.1 am D._ Bolton _& James of_Los- Angeles, CAS a true and correct ropy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Sec e tary respectively were on the date of the execution of the Attached Power of Attorney the duly elected Via President and Secretary of the Lumbermen Mutual Casualty Company. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affue�tpe corporate seal of the Lumbermen Mutual casualty Company on this... 1 �t h.__daY of_ June- -- -- -- 19 //� '.� :...+ __..__ ............ ...... ...... ... _._. ._._..._....._......_....�.._ —. .._.__. Secretary Sven L Johanson This Power of Attorney limits the acts of those named therein to the bonds and undertakings spedfiaay named therein, and they have no.authority to bind the Company except in the manner and to the extent herein stated FA 364.2 11 -73 6M GENERAL CERTIFICATE A a A LIMITED 1963 MINTLn IN a.a.A. Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, _ _ as Principal, and as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 19 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) 2 Title Principal re 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 contra soug t by this bid. , Subscribed and sworn to before me this 16thday of JUNE , 19 77 My commission expires: t o� OFFICIAL SEAL Nt BARBARA D. HASKELL t �"''.: ^'I�� NGtAFY PUELIC- GAL�FORNiA ..5/ PRINCIPAL OFFICE IN LvS ANGELES COUNTY My CcrmiSS;on O'PINS February 16.1991 HO PARK AVE. LOS ANGELES, CA 90026 Notary Public 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. 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 I/