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HomeMy WebLinkAboutC-1940 - Alley improvements, Balboa Island & West NewportC, June 12, 1978 CITY COUNCIL AGENDA ITEM NO. H -11 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPT NCE OF AL1:EY.IMPR0VEMENT BALBOA ISLAND AND WEST NEWPORT, 1977 -78€ (C -1940 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file.a Notice of Completion.. -r 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the improvement of alleys on Balboa Island and West Newport has been completed to the satisfaction of the Public Works Department. (See attached exhibit for location of alleys.) The bid price was: $59,285.70 Amount of unit price items constructed 60,201.63 Amount of change orders None Total contract cost 60,201.63 Amount budgeted in the General Fund, Street and Alley Account. The design engineering was performed by the Public Works Department. The contractor is Dyno Construction of Azusa, California. The contract date of completion was June 11, 1978. The work was completed by May 12, 1978. Joseph T. Devlin Public Wo ks Director GPD:do Att. 9 v LLI Z Z Q v Is %N Q ALLEY /MGROVEMEAITS OALCOA XS1 -AN0 /97 7- 7B M� AL"" M 4" RWCOAI&TWUCTEp Z 3 04" 'le f PJll P� O OO V ,O. V O 7l P�, Off. O o�1F +� sF 00P �S D0P o °a b� s 0 4�d A4 26 V� AF 6 �s s y' � 6 S 4'9 6 ALLEY 1MOAZOVGMCN7S A1.4I7L 7b k AWCV.Wlraucr /O WC9T "OWAR24 r /.977-7,0 C -1940 MAR 13 1978 By fho CITY COUNCIL CITY OF PFWVM VACH TO: CITY COUNCIL FROM: Public Works Department March 13, 1978 CITY COUNCIL AGENDA ITEM NO. H -2f SUBJECT: ALLEY IMPROVEMENTS -- BALBOA ISLAND AND WEST NEWPORT,1977 -78 (C -1940) RECOMMENDATION. Adopt a resolution awarding Contract. No. 1940 to Dyno Construction for $59,285.70, and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Three bids were received and opened in the office of the City Clerk at 10:30 A.M. on March 1, 1978. Bidder Amount Bid 1. Dyno Construction, Azusa $59,285.70* 2. Sully- Miller Contracting Co., Long Beach 75,616.00 3. Markel Cement Contracting, Inc., Costa Mesa 80,848.00 *Corrected amount based on summation of unit prices bid. The low bid is 6.4% lower than the Engineer's estimate of $63,321. Funds for this project have been provided in the Annual Street and Alley Resur- facing and Reconstruction Program (Account Number 02- 3377 -015). This project provides for the reconstruction with portland cement concrete of four alleys on Balboa Island and four alleys in West Newport (see attached exhibit for locations of alleys). Dyno Construction has not previously performed work as a prime contrac- tor for the City. However, a check of the references supplied indicates that concrete work performed by Dyno for other cities was satisfactory and well prose- cuted. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is June 11, 1978. t i Josephs T. evl i n ( Public s Director AB:jd Att. 0 C � M -1- P4�1 ,�. P rF �S y'9 F 'gym I's \ F 1 -41 104 � O 4 1 d S /� 2s A Fd d y's 6 4'9 h � A[(eYS Tb as ®rcawsfRUC r/O ALLEY 1.NG.QOVGMEN75 WCST NOWLbQT /9 77- 7® C -/940 z I 1) --I Li • 0 NJ Ah - j �(J A jlt D'-DOD '3170 -l000J Ef IqN,=Fl Z --- —j C ff'nu � All"S TO 45A 1,1% A ALLEY IMIRROVEA4EAITS OALa&A X34-'AA10 /977-7-S C-19440 a MAR 13 1978 By the CITY COUNCIL cu. OF Nowp RT 9"CH RESOLUTION NO. 929,q 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO DYNO CONSTRUCTION IN CONNECTION WITH ALLEY IMPROVEMENTS - BALBOA ISLAND AND WEST NEWPORT 1977 -78, CONTRACT NO. 1940 WHEREAS, pursuant to the notice inviting bids for work in connection with alley improvements - Balboa Island and West Newport, 1977 -78, in accordance with the plans and specifications heretofore adopted, bids were received on the 1st day of March, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is DYNO CONSTRUCTION; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Dyno Construction for the work in the amount of $59,285.70 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 13th day of Mayor ATTEST: City Clerk March 1978 DDO /bc 3/8/78 .:; i'l/ FEB 13 1978 9y " CITY COUNCIL CITY OF ""PORT MA04 TO: CITY COUNCIL FROM: Public Works Department • February 13, 1978 CITY COUNCIL AGENDA ITEM NO. H -11 SUBJECT: ALLEY IMPROVEMENTS -- BALBOA ISLAND AND WEST NEWPORT 1977 -78 (C -1940) RECOMMENDATIONS: 1. Approve the plans and specifications for the subject project. 2. Authorize the City Clerk to advertise for bids to be opened at 10:30 a.m. on March 1, 1978. DISCUSSION: This project provides for the reconstruction with portland cement concrete of four alleys on Balboa Island and four alleys in West Newport (see attached exhibit for locations of project). The estimated cost of construction is $63,300. Funds have been provided in the current budget's annual Street and Alley Resur- facing and Reconstruction Program (Account No. 02- 3377 -015). The plans and specifications were prepared by the Public Works Department. City crews have replaced the concrete sewer mains and laterals in the affected alleys. The estimated date of completion is June 11, 1978. oseph ublic :jd Att. Devlin ks Director --j W Q Z V Ilk • 00 2 WQ of 7t'Nt17 O/✓{>TJ9 3H1 Q ti V J ✓ 0 0 V u gl-GEy /MPiQOVEMENTS OA49O4 I54'-AA/C) /977-749 Q ALLOYS TO 106 (J5CON6Y.CUGTGp V • • W Q h F O '�s O y' O �6 O � Q wQ J C C � O O0P � M � �3 DOP� w m V VV PJ� PJ11 6� OO � ,a d \ �S S �4 �d �S .O F6 �s yid d �S -l? 6 S ll& d � AuaYS ra 4M AMFC4 /SrM"Cr /O �s rF y'e F ef, ALLEY 1MONQOV @MEN75 WCST .VOWLbRT /9077-76 C -1940 4 June 26,1978 Dyno Construction 16731 E. Arrow Highway Azusa, CA 91702 Subject: Surety . Covenant Mutual Insurance Company Bonds No. : 006516 Project : Allay ruprovemente /Balboa Island b W. Newport; Contract No.: 1940 The City Council on June 12, 1978 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 Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on June 14, 1978 in Book No. 12715, Page 936. Please notify your surety company that bonds may be released 35 days after recording date. Doris George City Clerk as cc: Public Works Department TO RECORDING CITY C[.Fr ^,r REQUcST D By CITr OF rvEtwr`ORT BEACH 301 NF1;rp; ,)RT BOULEVARD NEWPpRT EFACH, CALIF. 92663 i 9466 BY,1271 5Pt 936 EXEM,pJ �.; 2 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA NOTICE OF COMtLETION PUBLIC WORKS 9:05 A.M. JUN .1 n 1978 LEE A. BRANCH, County Recorder Jo All Laborers and Material Men and to Every Other Person Interested: YOU WIL.L PLEASE TAKE NOTICE that on May 12, 1978 the Public Works project consisting of Alley Improvements /Balboa Island & W on which Dyno Construction was the contractor, and Covenant Mutual Insurance Co. was the surety, was completed. V ERIFICAT I, the undersigned, say: CITY OF NEWPORT BEACH Public 1GV rks 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 June 13, 1978 at Newport Beach, California. VERIFICATION 011 CITY CILERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on June 12 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 June 13, 1978 at Newport ?Beach, California. 'r i \ 1977 -78 �V i♦ CITY OF NEWPORT BEACH CALIFORNIA City Hal, 3300 W. Newport Blvd 640 -2251 Date: June 13, 1978 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 Alley Improvements - Balboa Island & West Newport Contract No. 1940 on which Dyno Construction was the Contractor and Covenant Mutual Insurance Companv was the surety. Please record and return to us. Very truly) yours, Aoerli's George� City Clerk City of Newport Beach Encl. • i CITY OF NEWPORT BEACH Date April 17, 1978 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1940 Project Alley Improvements /Balboa Island & West Newport Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Dyno Construction Address: 16731 E. Arrow Highway, Azusa, CA 91702 Amount: $ 59,285.70 Effective Date: April 17, 1978 Resolution No. 9293 L'C;�� A� Doris Geo e Att. cc: Finance Department City Mall • 3300 Newport Boulevard, Newport Beach, California 92663 T � CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR ALLEY IMPROVEMENTS BALBOA ISLAND & WEST NEWPORT 1977 -78 Approved by the City Cncil thiss 1 jiebru�a"r 3th dayy, 1978. ris George, City Cler CONTRACT NO. 1940 SUBMITTED BY: DYNO CONSTRUCTION Contractor 16731 E. Arrow Highway Address Azusa, California 91702 City Zip 334 -0374 Phone $59,285.70 Total Bid Price T 1� 0 Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:30 A.M. on the 1st day of March , 978 . at which time they 01 be opened and read- for performing wor as follows: ALLEY IMPROVEMENTS -- BALBOA ISLAND AND WEST NEWPORT, 1977 -78 CONTRACT NO. 1940 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 S__ecr�eM or Assistant Secretary are required and Corporate Seal sha—T1 be a_fi xed to all documents re— u ring signatures. In the case of a arTs tnersh3p, 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.) T ��:r b. �..,�:__ " b.... i..'..:. � - r.�.�..al. ^y..�dc u.. d. ,f ae+�ac.= `. -i�l- '.. �'_�_ia�= aa,'. "y. 1Y` 0 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. , 0 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 310833 Classification A -Cg Accompanying this proposal is b'd (Cash, Ce—rtiMd 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. 334 -0374 Phone Number March 1, 1978 Date DYNO CONSTRUCTION Bidder's Name (SEAL) S /Richard Uribe uthorized Signature Authorized Signature Individual Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: E DESIGNATION OF SUBCONTRACTORS 0 Page 3 The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. �4h24z Signature Type of Organization (Individual, Co- partnership or Corp.) FOR ORIGINAL SEE CITY CLERK'S FILE COPY Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, DYNO CONSTRUCTION , as Principal, and COVENANT MUTUAL INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Total Amount of the Bid 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 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 , 19 78 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact . F r"MWR, „ ' DYNO CONSTRUCTION COMPANY Principa S /Richard Uribe COVENANT MUTUAL INSURANCE COMPANY Surety BYS /Arthur J. Clement Jr. TaL1et�tC3lev,in —Fact x.. -r _�.,,. _ .� E Page 5 LUSION AFFIDAVIT The bidders, by its officers and agents o epresentatives 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. DYNO CONSTRUCTION 16731 East Arrow Highway Azusa, California 91702 S /Richard Uribe Subscribed and sworn to before me this 1st day of March , 19 78 . My commission expires: September 15, 1978 S /Natividad Gonzalez Notary Public Ll FOR OGINAL SEE CITY CLERK'S FILE C(e 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. On file with City Clerk. igned 0 TECHNICAL ABILITY AND EXPERIENCE REFERENCES 0 Page 7 The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Com- pleted For Whom Performed (Detail) Person to Contact Telephone No. 1977 City of Baldwin Park City Engineer (213)338 -1181 1977 City of Carson City Engineer (213)966 -6215. 1978 City of Alhambra City Engineer (213)282 -5111 1977 City of West Covina City Engineer _ (213)962 -8631 S /Richard Uribe Signed + Bond No. 006516 Page 8 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 13, 1978 has awarded to DYNO CONSTRUCTION hereinafter designated as the "Principal ", a contract for ALLEY IMPROVEMENTS 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 DYNO CONSTRUCTION as Principal, and COVENANT MUTUAL INSURANCE COMPANY as Surety, are held firmly.bound unto the City of Newport Beach, in the sum of FI7TY -NINE THOUSAND TWO HUNDRED EIGHTY- FIVE &701100. ** *_Dollars ($ . 59.285.7.0, ), 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 0 m • .. i a • (Labor and Material Bond - Continued) • Page 9 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 22nd day of MARCH 19 78 Approved as t for Ci y to e URP DYNO CONSTRUCTION (Seal) Name of Contractor Principal BY: ✓ ' / •ate. o[ Au'thorized Signatlifie and Title Authorized Signature and Title COVEN NT W= L TNS«ANCF .OMPm (Seal ) Name of Surety �� r 260 So. Los Rob]l�s.; �izite 214 d (I ) /93 -- %ice / Telephone No. of Agent Iva State of California County of Los Angeles J ss. On this 22nd day of MARCH , 19L8, before me personally came ARTHUR J. CLEMENT, JR. to me known, who being by me duly sworn, did depose and say: that he is Aftorney(s) -in -Fact of Covenant Mutual Insurance 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 .lam lilce�authwc- it]L.��, moo (Notary Public) 2d 1 579 1% 0 0 COVENANT MUTUAL INSURANCE COMPANY Hartford. Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint ARTHUR J. CLEMENT, JR. its true and lawful Attorney (s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorneylsl -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by -laws of the Company, which are now In full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there, of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: if� �, `G;'►'� Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By A6 Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. Notary Public W : My commission expires March 31, 1978 CERTIFICATION 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above - quoted provisions of Section 12 of the by -taws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 22nd day of MARCH 1978 '/`t 4 6i Assistant Secre y Bond No. 006516 • •Premium$ 5.34,00 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 March 13. 1978, has awarded to DYNO CONSTRUCTION hereinafter designated as the "Principal ", a contract for ALLEY IMPROVEMENTS BALBOA ISLAND & WEST NEWPORT CONTRACT NO. 1940 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, DYNO CONSTRUCTION zs Principal, and COVENANT MJTUAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of FIFTY -NINE THOUSAND TWO HUNDRED EIGHTY -FIVE &70 /100 * * * * * ** Dollars ($ 59,28570 ) , 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 (Executed in Triplicate) S 0 0 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 22nd day of MARCH 19 78 . Approved s form: ity tt neyt r DYId c (Seal} Name of Contractor Principal) BY: I eRe Al /Z / / .4_ ! , 6 1,4 AutMorized Signature-and litle Authorized Signature and Title COVENANT MUTUAL INSURANCE COMPANY (Seal) Name of Surety 26o So. Los Robles', Suite 214 i1) X93 - %1„7 �/ Telephone No. of Agent N Q 0Q o m J U c O T m C q o' in U m E T m N a m E m O x v v- O T i ro t7 N N 2 c u a F- a E a a � m E x c m � r � O C � m m O io L d � + LL c m T C 4 O c 'o a + rn m o m p + o o a L p •"z V v E + r ." ' 3 c 3 J m m -V '^ T O C O m a- -0 -0 K L � m •3 c u m u o` y 0� c -o v m _T C O O m O L. E a � 0 oc_ E m m m o C O + 'd a � > o m 0 V c a m 3 E �� m o „ T C m � •p E � � 0 - t ..: i; i • s COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint ARTHUR J. CLEMENT, JR. its true and lawful Attorneylsl -in - Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by -laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: J, a�w Z' Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By ) Vice Presid C On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. ,,...hL..... {'r M 0 TA N I .1, Notary Public W ; ; n ; My commission expires March 31, 1978 CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above - quoted provisions of Section 12 of the by -laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 22nd day of MARCH 19 78 xL Assistant Secre y 0 0 Page 12 CONTRACT THIS AGREEMENT, made and entered into this ! 7& day of 19ZZ, by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and DYNO CONSTRUCTION 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 ALLEY IMPROVEMENTS BALBOA ISLAND & WEST NEWPORT, CONTRACT NO. 1940 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 Dart of this Agreement. 0 • Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused,resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. ATTEST: L cs �o �f City Clerk _rte By: Appro d a to fo torney I, RT BEACH, CALIFORNIA Contractor (SEAL) "1i tl e e PR 1 of 2 CITY OF NEWPORT BEACH I' PUBLIC WORKS DEPARTMENT ALLEY IMPROVEMENTS BALBOA ISLAND & WEST NEWPORT 1977 -78 CONTRACT NO. 1940 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. 1940 Jo 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 N0. -.. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE i 1. 22,670 Construct 6 -inch thick P.C.C. alley i Square Feet pavement @ Two Dollars i and Eleven Cents $ 2.11 $_47.833.70 E•.` Per square foot i 2. 1,190 Construct 6 -inch thick P.C.C. alley ,. Square Feet approach over compacted native soil @ Two Dollars and :. Ten Cents $_ 2.10 $ 2.499.00 Per square.foot 3: 780 Construct 8 -inch thick P.C.C. street Square Feet pavement @ Two Dollars and Twenty -five Cents $_ 2,25 $ 1,755.00 Per square foot 4. 1,400 Construct 4 -inch thick P.C.C. . Square Feet garage approach in alley areas @ One Dollars and Ninety Cents $-1.90 $ 2,660.00 Per square foot a PR2of2 ITEM QUANTITY ITEM- DESCRIPTI N UNIT TOTAL _NO_ AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 200 Construct 4 -inch thick P.C.C. Square Feet sidewalk 11 7. 8. 5 Linear Feet 1,000 Square Feet 580 Square Feet @ One Dollars and Ninety Cents Per square foot Construct variable curb face Type "A" P.C.C. curb and gutter @ Ten Dollars and No Cents Per linear foot Construct 4 -inch thick A.0 pavement L. N&Ti =AMMIeT7INiTi1 $ 10.00 $ 50.00 @ Two Dollars . and Sixty Cents $ 2.60 $ 2,600.00 Per square foot Construct variable thickness A.C. feather overlay @ Two Dollars and Sixty Cents $ 2.60 $ 1,508.00 Per square foot TOTAL PRICE WRITTEN IN WORDS: Fifty -nine Thousand Two Hundred Eighty -five Dollars Seventy and Cents $ $59,285.70 March 1. 1978 CONTRACTOR'S LICENSE NO. 310833 -A -C8 DYNO CONSTRUCTION Bidder's Name S /Richard Uribe Authorized Signature TELEPHONE NUMBER 334 -0374 CONTRACTOR'S ADDRESS 16731 E. Arrow Highway, Azusa, CA 91702 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR ALLEY IMPROVEMENTS BALBOA ISLAND & WEST NEWPORT 1977 -78 CONTRACT NO. 1940 Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK . . . . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . . . . . . . 2 V. NOTIFICATIONS TO RESIDENCES . . . . . . . . . . . . . . . . . . . 2 VI. EXISTING UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . . 3 VIII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 IX. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X. FLOW AND ACCEPTANCE OF WATER . . . . . . . . . . . . . . . . . . . 3 XI. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . . 3 A. Removals, Excavation, and Subgrade Preparation. . . . . . . . 3 B. Portland Cement Concrete . . . . . . . . . . . . . . . . . . . 4 C. Alley Approaches . . . . . . . . . . . . . . . . . . . . . . . 5 D. Adjustment of Various Walks, Landings, Fence Supports, etc. . 5 E. Existing Manholes, Utility Boxes, and Services. . . . . . . . 5 0 . SP 1 of 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR ALLEY IMPROVEMENTS LBOA ISLAND & WEST NEWPORT 1977 -78 CONTRACT NO. 1940 I. SCOPE OF WORK The work to be done under this contract consists of removing existing pavements and constructing portland cement concrete alley pavement and approaches, side- walk and street pavement at the ends of various alleys, and garage approaches, and asphalt concrete garage approaches, join strips, and feather overlays; adjusting manholes and cleanouts to grade, and other incidental items of work. The work is located in four alleys on Balboa Island and four alleys in West Newport. 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. A- 5088 -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 Over- land 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. II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK The contractor shall comply with the provisions of Section 6 of the Standard Specifications except as modified herein. The contractor's construction schedule must be approved by the engineer prior to the start of any work, and shall incorporate the following requirements: 1. The contractor shall complete all work on this contract within ninety (90) consecutive calendar days after award of the contract by the City Council. 2. The contractor shall complete all work on each alley within sixteen (16) consecutive calendar days after beginning work on that alley. The term "work" as used herein shall include all removals, adjustments, and replace- ments; construction of alley pavement, alley approaches, adjacent street pavement, curb, driveways, sidewalk, adjacent P.C.C. or A.C. garage ap- proaches and A.C. joins. Also included within the specified period is curing time for the new P.C.C. improvements. (See Section XI.E for ex- tensions allowed due to work to be performed by others.) SP2of6 III IV 0 0 In summary, this means that each alley and every garage approach with access from that alley must be returned to normal vehicular use within 16 consecu- tive calendar days from the day it is first closed to such use. The contractor must employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that the contractor will not be able to meet this schedule, he will be prohibited from starting work in additional alleys until he has exerted extra effort to meet his original schedule and he has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were re- quired on the job. The contractor will be assessed $100 per day (including Saturdays, Sundays, and holidays) liquidated damages for each day in excess of the 16 consecutive calendar days allowed for 100% completion of the construction work in each alley and the alley's return to normal vehicular use. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications, shall be assessed for failure to complete the project within the specified time. The intent of this section of the Special contractor the importance of prosecuting pre - planned, continuous fashion, so as to to vehicular traffic. PAYMENT Provisions is to emphasize to the the alley construction in an orderly, minimize the time an alley is closed Payment for incidental items of work, not separately provided for in the pro- posal, shall be included in the price bid for the various items of work, and no additional compensation will be made therefor. TRAFFIC CONTROL AND ACCESS The contractor shall provide traffic control and access in compliance with Section 7 -10 of the Standard Specifications and with the standards contained in the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. NOTIFICATIONS TO RESIDENCES The City will send a preliminary notice to all residences affected by this work. Between 40 and 55 hours prior to closing a particular alley to vehicu- lar traffic, the contractor shall distribute to each affected residence a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notice will be prepared by the City, and the contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes, or other alterations of the schedule will require renotifi- ation using an explanatory letter. This letter will also be prepared by the City and distributed by the contractor. VI. EXISTING UTILITIES The contractor shall investigate and protect all existing utilities in confor- mance with Section 5 of the Standard Specifications. Known utilities are • . SP 3 of 6 indicated on the Plans. Prior to performing construction work, the contractor shall be responsible for requesting each utility company to locate its facili- ties. Construction of the alley structural sections will cause work to be performed very near existing sewer, water, gas, and communications lines and their con- nections. 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 Plans. VII. 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 intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work, and no additional allowance will be made therefor. VIII. WATER The contractor 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's Utilities Superintendent, Mr. Jim Frost, at (714) 640 -2221. IX. GUARANTEE The contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all materials and all workmanship against any defects whatsoever. Any such defects shall be repaired at the contractor's expense. X. FLOW AND ACCEPTANCE 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 subjected 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 engi- neer. XI. CONSTRUCTION DETAILS A. Removals, Excavation, and Subgrade Preparation Existing Portland cement concrete or asphalt concrete improvements to be removed shall be sawcut a minimum of 2 inches deep along property lines, SP4of6 • • join lines, at the locations beyond property lines as shown on the Plans, or as directed by the engineer. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. It is emphasized that edges created by other means or final removal accomplished by other means will not be acceptable, and hard blow pavement breakers, such as stompers, will not be permitted on the job. The contractor shall prepare the subgrade in conformance with Section 301 of the City's Standard Specifications. Payment for removals, excavation, and subgrade preparation will be con- sidered as included in the unit prices paid for the corresponding or associated items of new work. B. Portland Cement Concrete Portland cement concrete furnished for construction of all alley pavement, street pavement, alley approaches, garage approaches, sidewalks, and curb and gutter shall have a B or C gradation and shall attain a minimum modulus of rupture of 600 psi (tested in conformance with ASTM designation: C78 -64) within 28 days after placement. Portland cement concrete shall be securely barricaded immediately after placement and no vehicular traffic will be allowed thereon until beam tests yield a minimum modulus of rupture of 450 psi. In view of the P.C.C. strength requirements described above and the schedule of work limitations described in Section II of these Special Provisions, the contractor may find it necessary to add additional cement, use special aggregates, or use admixtures to meet the specifications. The intent of these Special Provisions is that the contractor prepare his bid in confor- mance with these strict limitations and no additional compensation will be allowed for the extra materials that may be required to meet these condi- tions. The contractor will be permitted to use concrete pumping methods to facili- tate concrete placement. Pumping concrete through aluminum pipe will not be permitted. Overhead screeds will be required at the flow line. A 12 -inch wide smooth trowel surface shall be constructed along the flow line (centerline) of each alley. The remainder of the alley surface shall be medium broom finished. All sidewalk or drive approaches that extend beyond the street or alley right -of -way shall have a cold joint or if placed monolithic, a minimum 2" deep saw cut within 24 hours at the right -of -way line. Alley joints shall be constructed as shown on CNB Drawing No. Std.- 141 -L. Special care shall be taken to locate weakened plane joints at water meter boxes, power poles, and other critical locations. • • • SP5of6 Alley Approaches Portland cement concrete alley approaches shall be constructed in accor- dance with the City of Newport Beach Drawing No. Std. -142 -L with the following exceptions: Portland cement concrete shall be 6 inches thick and the 4 -inch thick layer of aggregate base will not be required. Curb return radii shall be as shown on the plans. Adjustment of Various Walks, Landings, Fence Supports, Etc. Brick, flagstone or other miscellaneous walks not constructed of portland cement concrete or asphaltic concrete shall be adjusted to the new alley grades. Variable height 2 -inch redwood headers shall be installed where support is required at existing fences and as indicated on the plans. Existino Manholes, Utilitv Boxes, and Services Sewer manholes, cleanouts and water valve boxes The contractor shall adjust to finished grade all sewer manholes, cleanouts and water valve boxes prior to the placement of portland cement concrete pavement. In the event the structure or box is loca- ted in an area to be improved with asphalt concrete, adjustments to finished grade shall be made by the contractor after the asphalt concrete pavement has been placed in a manner similar to that described in Subsection 302 -5.7 of the Standard Specifications. Water meters, boxes, and services Existing water meters (and their boxes) that are not properly located in line and grade as shown on CNB Stds. -140 -L and -502 -L will be ad- justed by City utilities crews after the contractor has installed the adjacent paving headers. Existing water meter boxes needing only minor adjustment to finished line and grade shall be adjusted by the contractor. The contractor shall be responsible for any damage to existing water meters, boxes, or services resulting from his operations. He shall have any such damaged item repaired or replaced at his expense by a reputable pipeline contractor or person qualified to do the work. Cable television and other utilities' facilities Cable television and any other utility company's the improvement areas will be relocated as requi finished grade by the respective owner after the stalled the adjacent paving headers. Any damage resulting from the contractor's operations shall expense. facilities within ^ed and adjusted to contractor has in- to these facilities be repaired at his SP6of6 • • Effect on time of completion of work by others The contractor shall allow up to two (2) days in each affected alley for others to make the necessary adjustments described in paragraphs 2 and 3 above. The time of completion as specified in Section II of these Special Provisions for each alley so affected will be extended accordingly. It shall be the contractor's responsibility to coordinate his work with the work to be performed by others, and he shall provide suffi- cient advance notice to the utilities involved so that the work will proceed smoothly and within the alloted time. RECEiV -0 J/ Com:�,caiC; Deveio?,sent 6-1 MARK ! 19IU 0 0 �\ CITY OF NEWPORT BEACH ;CERTIFICATE OF INSURANCE FOR CONTRACT WORK 'i CONTRACT NO. 1940 CITY OF ! NEWPORT UEACH, This is to certify that the Company named below has CALIF. Q Y P Y iss o the Named Insured the policy of comprehensive liability v��'0j; nce identified herein, hereinafter referred to as "Policy ", =' 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 3/23/78 when signed by an Authorized Representative of Name A o Insurance Company and when issued to City shall be valid and form part of Policy No. CCP 300 50 77 insuring RICHARD URIBE DBA: DYNO CONSTRUCTION CO. Named Insured) expiring 11/7/78 NAME OF AGENT OR BROKER CARROLL ASSOCIATES INS. INC. ADDRESS - AGENT /BROKER 1786 W.LINCOLN AVE,#A ANAHEIi11 CALIF. IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Certificate is cautioned to make certain that her has authority to execute this Certificate on behalf of the Insurance Company 1 gCOrd, . NAME AND ADDRESS OF AGENCY CARROLL ASSOCIATES INS. INC. COMPANIES AFFORDING COVERAGES P.O. BOX 2008 COMPANY AKAN IM, CALIF. 92804 LETTER A FREMONT INDEMNITY INS. CO. COMPANY B (TTFR NAME ANO FlODRi SS OI MSUREO %JMPnnr — RICHARD iTRIBE DBA: DYNO CONSTRUCTION CO, coMRAN D 432 S.. WALNUT CREEK Pi ACE WEST COVINA, CALIF. 91791 COMPANY LETTER This is to certify that policies of insurance listed below have been Ismw('tn the insured named above and are in force at this time. COMPANY J roucv Limits of Liability in Thousands (000) I Ei YER IYPL'Or INSURANCE POLICY NUMBER POLICY DATE IACN I AGOREGAIE JCCURRF NCt GENERAL LIABILITY BODIIYINJlIRV R � F ❑ COMPREHENSNL FORM PREMISES OPEP.ATIONS PROPERTY DAMAGF $ j $ ❑ F %PLOSION AND I-OLLAPSL IAZn up ❑ UN DF ROHUUNIJ wA1AR0 ❑ PRODUCTS COMPLETED OPERAIIONS He.7ARn FOUR INJURY AND ❑ CONIRACRIAi INSURANCL — —�� PROPEPI Y DAMAGE $ $ ❑ BROAD FORId PROPERTY i L Lt �Y \ i; (JMF;:NiO DAMAGE ❑ INUE PFNOf Ni CON (RAC ?CPS v ❑ PFRSCN AL INJURY \\ CoCCF �' U // I'L I�SVNAL INJV 4l' $ AUTOMOBILE LIABILITY — Lei. 'I'L BODILY INJU(ty _ q ry HE ACS PI Ii50NI ❑ COMPRENENS VF FORM '"� ;J�S� BODILY INJURY $ ❑ IN c ��NFN ✓P��Y OF O 3' I (EACH occORRENGL, ❑j HIRE CtiGIF '.AOH 7� PRoPFPrrOA LCr $ l—J NCn._x'NFD F i1I D IRY ;YJ EXCESS _..� _ pOnL.v INII)RY ANA': ❑ UMRRE_I P FORM �� 014E4 PTY DAMAG TNAN UM[i LI REA I' HOPI L 1 OMPINEO IWORKERS'COMPENSATION and EMPLOYERS'LIABILITY WN 77 36213 11/10/78 $ 2,000,000 _4 OTHER DESCRIPTION OF ALL OPERATIONS OF THE NAMED INSURED SUBJECT TO THE TERMS OF THEPOLICY. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail wit_ 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. AND ADDRESS Or CERiinCA rr HOLGER: CITY OF NEWPORT BEACH 3300 W,. NEWPORT BLVD. NEWPORT BEACH, CALIF. 25 (Ed. 2 .77). .. _.. . DATE ISSUED MARCH 24. 1978 MAR 13 1978 By the CITY COUNCIL wy of 1M9OM, K"H RESOLUTION NO. -9293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO DYNO CONSTRUCTION IN CONNECTION WITH ALLEY IMPROVEMENTS - BALBOA ISLAND AND WEST NEWPORT 1977 -78, CONTRACT NO. 1940 WHEREAS, pursuant to the notice inviting bids for work in connection with alley improvements - Balboa Island and West Newport, 1977 -78, in accordance with the plans and specifications heretofore adopted, bids were received on the 1st day of March, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is DYNO CONSTRUCTION; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Dyno Construction for the work in the amount of $59,285.70 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 13th day of yor ATTEST: City Clerk March 1978 DDO /bc 3/8/78 E L� 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR ALLEY IMPROVEMENTS BALBOA ISLAND & WEST NEWPORT 1977 -78 CONTRACT NO. 1940 SUBMITTED BY: $VAJ0 GoV-SlrZUXTIOV Contractor 167.31 6. 4900 #1JY Address A z 06A CA. q1 702- Approved by the City Council City Zip this 13th day o February, 1978. 33 '1-D 37Y ' Phone ris George, Eity Cler '7 JAS,' ass VA 13 Total Bid Price i 5 0 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS Page 1 SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:30 A.M. on the 1st day of March , 1978 at which time they w�T be opened and read or performing wor as o ows: ALLEY IMPROVEMENTS -- BALBOA ISLAND AND WEST NEWPORT, 1977 -78 CONTRACT NO. 1940 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 and th o porate Seal sha be a fixed to— documents re— q�ing signatures. In the case of a ar{s tnersh3p, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) 0 0 S 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 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. 0 ! 0 0 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. a/ 08 3,3 Classification A - C Y. Accompanying this proposal is k D61701 , Certitieo GhecK, Cashier's GhecK 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. ,335 -0379( Phone Number `�WU 0 Co � St,� U�CT /OAI Bid er s Name (SEAL) Authorized nature Authorized Signature D o Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager and names �oof�all co-partners ai /f,a co- partnership: , Z;,6 LC1C__ A4-� if a corporation, 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 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Subcontractor Address Bidders Name Authorized Signature Type of Organization (Individual, Co- partnership or Corp.) ddress E venant III 0 COVENANT MUTUAL INSURANCE COMPANY BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A -3101 Feb. 1970 Edition) Bond No. EM KNOW ALL MEN BY THESE PRESENTS, That we, DYNO CONSTRUCTION COMPANY as Principal, hereinafter called the Principal, and the COVENANT MUTUAL INSURANCE COMPANY, of Hartford, Connecticut, a corporation duly or- ganized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEWPORT BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMO 7NT OF THE BID Dollars (S 1 t1 & ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ALLEY IMPROVEMENTS ( IN ACCORDANCE WITH THE ATTACHED PROPOSAL) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1st day of MARCH 19 78 Witness DYNO CONSTRUCTION COMPANY(Seal) Principal BY: lr,r /�� Title COV9NAIHf M INSURANCE /�fD/�j MPANY By N v ARTHUR J. CIUMENT JRItI( ney -in -Fact q d1 �a o q J U o o T o w U O ¢ O Y f) J d q i.i T . I T O q � C q m V m ♦ 0 m � d � q l µl q P h C i cc T 0 a z +° : o o W + o m a £ a s o sue._ •� m a q + m x 1 N � q m � T C 2 p V U) O q q q m O � s rn m q o c r o + r a q O c 0 U v c ••_T. E � q O ¢ O Y f) J d q i.i T . I r 0 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint ARTHUR J. CLEMENT JR. its true and lawful Attorney ls) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by -laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: f atw "•' �>� Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY BY / 'e)o'� �r A" , Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkinsto me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL I NSU RANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. /��.��--••�� / 2 ?; �O TA Ay: L'. j Notary Public m; ••— n ; - My commission expires March 31, 1978 49: PyBLtG rS' ' c0Iy...f...4'. CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above - quoted provisions of Section 12 of the by -laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now jn full force and effect. Signed and sealed at Hartford, Connecticut, this 1st day of MARCH 19 78 Assistant Secre y k r BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we Page 4 as Principal, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ , lawful money of the United States for the payment of which sum.well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, . That if the proposal of the above bounden principal for the construction of in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be_ forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 19 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -fact) Principal Surety 0 • 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 wady, 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. i s Subscribed and sworn to before me this & day of ,*70.0C — > 19 7 r. My commission expires: S Y7S ry F UNIC Ewww�a► �i01QIlE1 VAMai1/isl�t - _ l • 0 AM AWXM let. Page 6 iW 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 law bidder. • 0 = Page 7 TECHNICAL.ABILITY.AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 7 >B -7 ?S_ 724/ H 77 - dzi. /99% � G� �,euciaa.) ~ ,• '� 96x- X63/ 0 PTA Ton On Zm n7 AN t rrr���L 1 �1 Fk t { 4 ' II to _ - swan ud I � V i� `:: ..s- ..:...;. .. M V V77 .... 1 1 1 i i 1 A. L toy All 4 y yl jy: 4 T _ S S VAN : r b : All qg Ba {Y 1i.._ Y Y -,ter- s �,�s..�� -,�,. � , � .e- '""... : �^e� ^- -..s.. n L� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR ALLEY IMPROVEMENTS BALBOA ISLAND & WEST NEWPORT 1977 -78 CONTRACT NO. 1940 0 Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK . . . . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . . . . . . . 2 V. NOTIFICATIONS TO RESIDENCES . . . . . . . . . . . . . . . . . . . 2 VI. EXISTING UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . . 3 VIII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 IX. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X. FLOW AND ACCEPTANCE OF WATER . . . . . . . . . . . . . . . . . . . 3 XI. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . . 3 A. Removals, Excavation, and Subgrade Preparation. . . . . . . . 3 B. Portland Cement Concrete . . . . . . . . . . . . . . . . . . . 4 C. Alley Approaches . . . . . . . . . . . . . . . . . . . . . . . 5 D. Adjustment of Various Walks, Landings, Fence Supports, etc. . 5 E. Existing Manholes, Utility Boxes, and Services. . . . . . . . 5 • • SP 1 of 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR ALLEY IMPROVEMENTS BALBOA ISLAND & WEST NEWPORT 1977 -7R CONTRACT NO. 1940 I. SCOPE OF WORK The work to be done under this contract consists of removing existing pavements and constructing portland cement concrete alley pavement and approaches, side- walk and street pavement at the ends of various alleys, and garage approaches, and asphalt concrete garage approaches, join strips, and feather overlays; adjusting manholes and cleanouts to grade, and other incidental items of work. The work is located in four alleys on Balboa Island and four alleys in West Newport. 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. A- 5088 -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 Over- land 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. II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK The contractor shall comply with the provisions of Section 6 of the Standard Specifications except as modified herein. The contractor's construction schedule must be approved by the engineer prior to the start of any work, and shall incorporate the following requirements: 1. The contractor shall complete all work on this contract within ninety (90) consecutive calendar days after award of the contract by the City Council. 2. The contractor shall complete all work on each alley within sixteen (16) consecutive calendar days after beginning work on that alley. The term "work" as used herein shall include all removals, adjustments, and replace- ments; construction of alley pavement, alley approaches, adjacent street pavement, curb, driveways, sidewalk, adjacent P.C.C. or A.C. garage ap- proaches and A.C. joins. Also included within the specified period is curing time for the new P.C.C. improvements. (See Section XI.E for ex- tensions allowed due to work to be performed by others.) SP2of6 • 0 In summary, this means that each alley and every garage approach with access from that alley must be returned to normal vehicular use within 16 consecu- tive calendar days from the day it is first closed to such use. The contractor must employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that the contractor will not be able to meet this schedule, he will be prohibited from starting work in additional alleys until he has exerted extra effort to meet his original schedule and he has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were re- quired on the job. The contractor will be assessed $100 per day (including Saturdays, Sundays, and holidays) liquidated damages for each day in excess of the 16 consecutive calendar days allowed for 100% completion of the construction work in each alley and the alley's return to normal vehicular use. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications, shall be assessed for failure to complete the project within the specified time. The intent of this section of the Special Provisions is to emphasize to the contractor the importance of prosecuting the alley construction in an orderly, pre - planned, continuous fashion, so as to minimize the time an alley is closed to vehicular traffic. III. PAYMENT Payment for incidental items of work, not separately provided for in the pro- posal, shall be included in the price bid for the various items of work, and no additional compensation will be made therefor. IV. TRAFFIC CONTROL AND ACCESS The contractor shall provide traffic control and access in compliance with Section 7 -10 of the Standard Specifications and with the standards contained in the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. V. NOTIFICATIONS TO RESIDENCES The City will send a preliminary notice to all residences affected by this work. Between 40 and 55 hours prior to closing a particular alley to vehicu- lar traffic, the contractor shall distribute to each affected residence a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notice will be prepared by the City, and the contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes, or other alterations of the schedule will require renotifi- ation using an explanatory letter. This letter will also be prepared by the City and distributed by the contractor. VI. EXISTING UTILITIES The contractor shall investigate and protect all existing utilities in confor- mance with Section 5 of the Standard Specifications. Known utilities are it�9' • • SP3of6 indicated on the Plans. Prior to performing construction work, the contractor shall be responsible for requesting each utility company to locate its facili- ties. Construction of the alley structural sections will cause work to be performed very near existing sewer, water, gas, and communications lines and their con- nections. 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 Plans. VII. 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 intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work, and no additional allowance will be made therefor. VIII. WATER The contractor 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's Utilities Superintendent, Mr. Jim Frost, at (714) 640 -2221. IX. GUARANTEE The contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all materials and all workmanship against any defects whatsoever. Any such defects shall be repaired at the contractor's expense. X. FLOW AND ACCEPTANCE 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 subjected 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 engi- neer. XI. CONSTRUCTION DETAILS A. Removals, Excavation, and Subgrade Preparation Existing Portland cement concrete or asphalt concrete improvements to be removed shall be sawcut a minimum of 2 inches deep along property lines, SP4of6 • • join lines, at the locations beyond property lines as shown on the Plans, or as directed by the engineer. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. It is emphasized that edges created by other means or final removal accomplished by other means will not be acceptable, and hard blow pavement breakers, such as stompers, will not be permitted on the job. The contractor shall prepare the subgrade in conformance with Section 301 of the City's Standard Specifications. Payment for removals, excavation, and subgrade preparation will be con- sidered as included in the unit prices paid for the corresponding or associated items of new work. B. Portland Cement Concrete Portland cement concrete furnished for construction of all alley pavement, street pavement, alley approaches, garage approaches, sidewalks, and curb and gutter shall have a B or C gradation and shall attain a minimum modulus of rupture of 600 psi (tested in conformance with ASTM designation: C78 -64) within 28 days after placement. Portland cement concrete shall be securely barricaded immediately after placement and no vehicular traffic will be allowed thereon until beam tests yield a minimum modulus of rupture of 450 psi. In view of the P.C.C. strength requirements described above and the schedule of work limitations described in Section II of these Special Provisions, the contractor may find it necessary to add additional cement, use special aggregates, or use admixtures to meet the specifications. The intent of these Special Provisions is that the contractor prepare his bid in confor- mance with these strict limitations and no additional compensation will be allowed for the extra materials that may be required to meet these condi- tions. The contractor will be permitted to use concrete pumping methods to facili- tate concrete placement. Pumping concrete through aluminum pipe will not be permitted. Overhead screeds will be required at the flow line. A 12 -inch wide smooth trowel surface shall be constructed along the flow line (centerline) of each alley. The remainder of the alley surface shall be medium broom finished. All sidewalk or drive approaches that extend beyond the street or alley right -of -way shall have a cold joint or if placed monolithic, a minimum 2" deep saw cut within 24 hours at the right -of -way line. Alley joints shall be constructed as shown on CNB Drawing No. Std.- 141 -L. Special care shall be taken to locate weakened plane joints at water meter boxes, power poles, and other critical locations. • Alley Approaches • SP5of6 Portland cement concrete alley approaches shall be constructed in accor- dance with the City of Newport Beach Drawing No. Std. -142 -L with the following exceptions: Portland cement concrete shall be 6 inches thick and the 4 -inch thick layer of aggregate base will not be required. Curb return radii shall be as shown on the plans. Adjustment of Various Walks, Landings, Fence Supports, Etc. Brick, flagstone or other miscellaneous walks not constructed of portland cement concrete or asphaltic concrete shall be adjusted to the new alley grades. Variable height 2 -inch redwood headers shall be installed where support is required at existing fences and as indicated on the plans. Existing Manholes, Utility Boxes, and Services Sewer manholes, cleanouts and water valve boxes The contractor shall adjust to finished grade all sewer manholes, cleanouts and water valve boxes prior to the placement of portland cement concrete pavement. In the event the structure or box is loca- ted in an area to be improved with asphalt concrete, adjustments to finished grade shall be made by the contractor after the asphalt concrete pavement has been placed in a manner similar to that described in Subsection 302 -5.7 of the Standard Specifications. Water meters, boxes, and services Existing water meters (and their boxes) that are not properly located in line and grade as shown on CNB Stds. -140 -L and -502 -L will be ad- justed by City utilities crews after the contractor has installed the adjacent paving headers. Existing water meter boxes needing only minor adjustment to finished line and grade shall be adjusted by the contractor. The contractor shall be responsible for any damage to existing water meters, boxes, or services resulting from his operations. He shall have any such damaged item repaired or replaced at his expense by a reputable pipeline contractor or person qualified to do the work. Cable television and other utilities' facilities Cable television and any other utility company's the improvement areas will be relocated as requi finished grade by the respective owner after the stalled the adjacent paving headers. Any damage resulting from the contractor's operations shall expense. facilities within ^ed and adjusted to contractor has in- to these facilities be repaired at his SP6of6 • 0 Effect on time of completion of work by others The contractor shall allow up to two (2) days in each affected alley for others to make the necessary adjustments described in paragraphs 2 and 3 above. The time of completion as specified in Section II of these Special Provisions for each alley so affected will be extended accordingly. It shall be the contractor's responsibility to coordinate his work with the work to be performed by others, and he shall provide suffi- cient advance notice to the utilities involved so that the work will proceed smoothly and within the alloted time. T' • CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK CONTRACT NO. This is to certify that the Company named below has iscucd 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 ur 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, lion -Owned and Hired Automobile; Products Liability - Completed Operations; Premises - Operations; Contractors Protective Liability; Marine or Aviation (when applicable); and Property Damage. This Endorsem r effective Authorized Reksentative of and when issu� Ci�s/J''1AAJrrall No. _ "ztn9 expir FA when signed by an valid and form part of Policy NAME 0 B�BE9N8R ADDRESS - AGE tj^1// /BROKE/FE Authorized Representative 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 Curtificate on behalf of the Insurance Company Lorry bohlotzhouer Mr. Richard M. Uribe Dyno Construction Company (A Sole Proprietorship) 16735 Arrow Highway Azusa, California 91702 M- V 0two 0 Ceori2d Pubhc OC-COUTA10fli The accompanying balance sheet of Dyno Construction Company (A Sole Proprietorship), as of November 30, 1977, and the related statements of earnings and proprietary capital and changes in financial position for the eleven months then ended were not audited by me and, accordingly, I do not express an opinion on them. The accompanying notes are an integral part of these unaudited financial statements. Downey, California January 18, 1978 n' �f CM 'V D /`' RECEIVED "N LERK PUBLIC WORKS 1913 MAR 71977 � 2 of CITY OF BEACHNEWPORT BEACH 3 F. 1' CALIF. / OF 11943 Paramount Boulevard, Downey, California 90242; (213) 862 -5126 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) UNAUDITED FINANCIAL STATEMENTS November 30, 1977 C O N T E N T S Page ACCOUNTANTS' LETTER 1 UNAUDITED FINANCIAL STATEMENTS: BALANCE SHEET - ASSETS 4 BALANCE SHEET - LIABILITIES AND PROPRIETARY CAPITAL 5 STATEMENT OF EARNINGS AND PROPRIETARY CAPITAL 6 STATEMENT OF CHANGES IN FINANCIAL POSITION 7 NOTES TO FINANCIAL STATEMENTS 8 UNAUDITED SUPPLEMENTARY FINANCIAL INFORMATION: 14 BILLED ACCOUNTS RECEIVABLE AGING AND RETENTIONS 15 COST OF SALES (SCHEDULE 1) 16 CONTRACTS IN PROGRESS SCHEDULE 17 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) BALANCE SHEET November 30, 1977 (UNAUDITED) ASSETS CURRENT ASSETS: Cash (Note 2) Accounts Receivable - Trade (Notes 1 and 3): Billed Project Receivables Unbilled Retentions Receivables - Employees (Note 4) Inventory (Note 1) Total Current Assets PROPERTY AND EQUIPMENT (NOTES 1 AND 5): Leasehold Improvements Operating Equipment Transportation Equipment Office Furniture And Equipment Less Accumulated Depreciation Net Property And Equipment Total Assets 0 $ 24,100 1,980 16,000 The Accompanying Notes Are An Integral Part of These Unaudited Financial Statements - 4 - 1,692 26,761 40,926 1.297 70,676 16,732 $ 19,194 42,080 588 7,686 69,548 53,944 $123,492 E 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) BALANCE SHEET November 30, 1977 (UNAUDITED) LIABILITIES AND PROPRIETARY CAPITAL CURRENT LIABILITIES: Contracts Payable - Banks - Current Portion (Note 5) Accounts Payable (Note 6) Accrued Payroll And Related Expenses Accrued Expenses (Note 7) Total Current Liabilities NON- CURRENT LIABILITIES: Contracts Payable - Banks - Net of Current Portion (Note 5) Total Liabilities PROPRIETARY CAPITAL (NOTE 1) Total Liabilities And Proprietary Capital The Accompanying Notes Are An Integral Part of These Unaudited Financial Statements swim $ 6,573 2,336 1,426 3.239 13,579 8,784 22,363 101,129 $123,492 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) STATEMENT OF EARNINGS AND PROPRIETARY CAPITAL For The Eleven Months Ended November 30, 1977 (UNAUDITED) INCOME COST OF SALES (SCHEDULE 1) GROSS INCOME GENERAL AND ADMINISTRATIVE EXPENSES: Depreciation $ 246 Dues And Subscriptions 1,803 Insurance 3,277 Interest 972 Professional Fees 2,170 Sundry 3,375 Telephone 1,611 Total General And Administrative Expenses NET EARNINGS (NOTE 1) PROPRIETARY CAPITAL, DECEMBER 31, 1976 (NOTE 8) PROPRIETORS' DRAWS DURING THE ELEVEN MONTHS ENDED NOVEMBER 30, 1976 (NOTE 10) PROPRIETARY CAPITAL, NOVEMBER 30, 1977 The Accompanying Notes Are An Integral Part of These Unaudited Financial Statements - 6 - $335,791 257,747 78,044 13,454 64,590 63,379 (26,840) $101,129 •DYNO CONSTRUCTIG" - uMPANY • (A SOLE PROPRIETORSHIP) 6� yfi�T�1;, 1��i�ilat ilsF��[ ef�FBf�:la[4�kn[9�: \1��Yy�iSiR! For The Eleven Months Ended November 30, 1977 (UNAUDITED) SOURCES OF WORKING CAPITAL FROM OPERATIONS - Net Earnings Depreciation Total From Operations FROM OTHER - Increase In Contracts Payable - Banks - Net of Current Portion Total Sources Of Working Capital APPLICATION OF WORKING CAPITAL: Purchase of Property And Equipment Proprietors' Draws Total Application of Working Capital NET INCREASE IN WORKING CAPITAL THE CHANGES IN THE COMPONENTS OF WORKING CAPITAL ARE SUMMARIZED AS FOLLOWS: INCREASE (DECREASE) IN CURRENT ASSETS - Cash Accounts Receivable - Trade Receivables - Employees Inventory Total Increase In Current Assets (INCREASE) DECREASE IN CURRENT LIABILITIES - Contracts Payable - Banks - Current Portion Accounts Payable Accrued Payroll And Related Expenses Accrued Expenses Total (Increase) In Current Liabilities NET INCREASE IN WORKING CAPITAh WORKING CAPITAL, JANUARY 1, 1977 (NOTE. 9) WORKING CAPITAL, NOVEMBER 30, 1977 The Accompanying Notes Are An Integral Part of These Unaudited Financial Statements - 7 - $ 64,590 8,198 72,788 1,506 74,294 25,259 26,840 52,099 $ 22,195 $ 4,950 21,580 588 3,486 30,604 (2,666) (2,336) ( 168) (3,239) (8,409) 22,195 33,774 $ 55,969 0 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) NOTES TO FINANCIAL STATEMENTS November 30, 1977 (UNAUDITED) NOTE 1 Summary of Significant Company Commentary And Accounting Policies General: The Company, which is wholly -owned by Mr. Richard M. Uribe, is engaged in construction activity primarily related to concrete sidewalks, storm drains, ramps and retaining walls. The Company has a C -8 California license (Concrete), number 310833. Incorporation: On November 15, 1977, Dyno Construction, Inc. was formed under the laws of the State of California. The ownership of the corporation will be 100% retained by Mr. Richard M. Uribe and commenced operations on December 1, 1977 via the transfer of most, if not all, of the assets, liabilities and capital. of Dyno Construction Company (A Sole Proprietorship) to Dyno Construction, Inc. Accounts Receivable - Trade: Accounts receivable - trade consist of billed and unbLlled receivables as well as earned amounts retained by customers pending satisfactory completion of the applicable contracts. The Company records income on the percentage of completion basis for financial reporting purposes. Unbilled receivables consist of the excess of costs and estimated earnings to date over billings on all contracts in progress as of month -end. All contracts in progress are reviewed for cost over -runs and, if total anticipated costs are expected to exceed the contract amount, the over -run is treated as a current period expense. Inventory: Inventory, stated at the lower of cost (first -in, first -out basis) or market, consists of operating supplies and materials on hand which are utilized in conjunction with the construction activity of the Company. See Accompanying Accountants' Report - 8 - 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) NOTES TO FINANCIAL STATEMENTS - CONTINUED November 30, 1977 (UNAUDITED) Depreciation: For financial reporting purposes, depreciation is provided on the straight -line basis over the estimated useful life of the assets involved - principally, 3 to 7 years. For income tax reporting purposes, depreciation is provided by both the straight -line and accelerated depreciation methods over the estimated useful life of the assets involved - principally, 3 to 7 years. Income Taxes: No provision for income taxes is reflected in these statements as the business activity of the Company, on the cash basis, is included in the personal income tax returns of Mr. Richard M. Uribe, who wholly -owns the Company. Federal Tax Credits: The investment tax credit is taken in the first year an asset is purchased and placed into operation. No provision for the investment tax credit or the jobs credit is reflected in these statements in that such credits are included in the personal federal income tax return of Mr. Richard M. Uribe, who wholly- owns the Company. Proprietary Capital: The proprietary capital of the Company is wholly -owned by Mr. Richard M. Uribe who devotes his full efforts to the operations of the Company. Lease Commitment: The Company leases its facilities, on a month -to -month basis, from Mr. Richard M. Uribe, who wholly -owns the Company. The monthly lease cost is $350. See Accompanying Accountants' Report - 9 - 0 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) NOTES TO FINANCIAL STATEMENTS - CONTINUED November 30, 1977 (UNAUDITED) MnTR ? r -1, Cash consists of the following: Lloyds Bank of California 770 South Citrus Avenue Covina, California (213) 331 -0741 Checking account number 0523 -00602 Savings account numbers - 05 2540306 05 2440296 Petty cash fund NOTE 3 Accounts Receivable - Trade Accounts receivable - trade consists o£: Billed (Detailed Aging schedule attached) Project Receivables Unbilled (Contracts in Progress schedule attached) Retentions (Detailed schedule attached) NOTE 4 Receivables - Employees $ 14,794 1,900 2,000 500 L19,1 Amount Percentage $ 24,100 57.3% 1,980 4.7% 162000 38.0% $ 42,080 100.0% Receivables - employees arise due to the operating requirements of the Company and are generally on a continuous advance /repayment cycle. See Accompanying Accountants' Report - 10 - 0 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) NOTES TO FINANCIAL STATEMENTS - CONTINUED November 30, 1977 (UNAUDITED) NOTE 5 Contracts Payable - Banks Contracts payable - banks consist of the following: (A) Wells Fargo Bank, 900 Flair Drive, E1 Monte, California; loan number 686- 030 - 20626; payable in 36 monthly install- ments (11/76 - 10/79) of $116 including principal and interest; 20.09% annual percentage rate of interest; secured by transportation equipment costing $6,451; total principal balance due of $1,997 of which $1,042 is considered currently due. (B) Security Pacific National Bank, P. 0. Box 4276, Pasadena, California - (1) Loan number 878 025 -346; payable in 48 monthly installments (4/76 - 3/80) of $161 including principal and interest; 15.99% annual percentage rate of interest; secured by transportation equipment costing $6,502; total principal balance due of $3,182 of which $1,414 is considered currently due. (2) Loan number 878 200 -519; payable in 36 monthly installments (7/76 - 6/79) of $156 including principal and interest; 16.67% annual percentage rate of interest; secured by transportation equipment costing $6,323; total principal balance due of $2,183 of which $1,455 is considered currently due. (C) Lloyds Bank of California, 770 South Citrus Avenue, Covina, California; loan number 052171137; payable in 36 monthly Installments (12/77 - 11 /80) of $266 including principal and interest; 11.97% annual percentage rate of interest; secured by transportation equipment costing $8,745 total principal balance due of $8,000 of which $2,667 is considered currently due. (Financial institutions do not provide amortization schedules which reflect the application of monthly payments to the principal balances. Hence, the contract balances were computed using the straight -line method of interest amortization.) NOTE 6 Accounts Payable Accounts payable are all current and no individual payable is in excess of $1,000. Accordingly, no accounts payable aging schedule was included herein. Soe Accompanying Accountants' Report - 11 - 0 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) NOTES TO FINANCIAL STATEMENTS - CONTINUED November 30, 1977 (UNAUDITED) NOTE 7 Accrued EXDenses Accrued expenses pertain to various expenses which were incurred prior to December 1, 1977 wherein the applicable invoices were received and recorded subsequent to the closing of the records of the Company as of November 30, 1977. NOTE 8 Proprietary Capital, December 31, 1976 At November 30, 1977, certain adjustments were made to the proprietary capital of the Company as of December 31, 1976. The following summarizes the adjustments so made: As of December 31. 1976 Proprietary capital as previously reported $ 60,354 Deletion of gross profit on contracts not started until 1977 - Accounts receivable (21,000) Accounts payable 15,000 Deletion of income tax estimate deposit -to personal financial statement ( 1,000) Deletion of income taxes payable - to personal financial statement 4,000 Adjust accumulated depreciation balance from straight -.line and accelerated computation methods to straight -line computation method for financial reporting purposes 6,025 Proprietary capital, at December 31, 1976, as adjusted $ 63,379 NOTE 9 Working Capital, January 1, 1977 At November 30, 1977, certain adjustments were made as of December 31, 1976 which affected the working capital at such date - see also Note 8. The following summarizes the adjustments so made: See Accompanying Accountants' Report 1.3 - 0 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) NOTES TO FINANCIAL STATEMENTS - CONTINUED November 30, 1977 (UNAUDITED) NOTE 9 Working Capita], January ]., 1977 - Continued As of December 31, 1977 Working capital as previously reported $ 36,774 Deletion of gross profit on contracts not started until 1.977 - Accounts receivable (21,000) Accounts payable 15,000 Deletion of income tax estimate deposit -to personal financial statement ( 1,000) Deletion of income taxes payable - to personal financial statement 4,000 Working Capital, December 31, 1976, as adjusted $ 33,774 NOTE 10 Proprietors' Draws During The Eleven Months Ended November 30 1977 Proprietors' draws during the eleven months ended November 30, 1977 includes approximately $12,000 which was used as the down payment on the rental property, purchased in 1977, located at 16731. and 16735 Arrow Highway, Azusa, California 91702. (Reference is made to the November 30, 1.977 Statement of Assets And Liabilities pertaining to Mr. Richard M. And Yolanda Uribe.) See Accompanying Accountants' Report - 13 - 0 0 Lorry bchlotzhouer C;er��(i2d nuhlic. G�1;",GOUnI,�ii!. UNAUDITED SUPPLEMENTARY FINANCIAL. INFORMATTON The accompanying supplementary financial information, while not essential to the presentation of the unaudited financial statements, is submitted as additional analytical data which may be of interest to management personnel of the Company, and any third party user of the unaudited financial statements. Downey, California January 18, 1978 - 14 - 11943 Paramount Boulevard, Downey, California 90242; (213) 862 -5126 0 0 DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) BILLED ACCOUNTS RECEIVABLE AGING AND RETENTIONS November 30, 1977 (UNAUDITED) A. M. Construction Inc. 10727 Leland Avenue Whittier, California 90605 Mr. John Samarin (714) 994 -3220 City of Carson 701 East Carson Carson, California 90745 City Engineer (213) 830 -7600 City of West Covina 1444 West Garvey Avenue West Covina, California 91790 Mr. Alex Nichols (213) 962 -8631 Totals Percentages Billed Accounts Receivable Over Reten- Total Current 90 Days tions $ 4,100 $ $ 4,100 20,000 20,000 (2) L24,100 $ 20,000 inn nT 01 nm (1) Full collection is expected by the Company. (2) Paid in December, 1977. =F= $ 4,100 12,000 4,000 (2) c is nnn DYNO CONSTRUCTION COMPANY (A SOLE PROPRIETORSHIP) COST OF SALES (SCHEDULE 1) For The Eleven Months Ended November 30, 1977 (UNAUDITED) Automobiles And Trucks $ 9,024 Direct Labor 58,752 Depreciation 7,952 Equipment Rental 20,107 Insurance 9,829 Material And Supplies 97,054 Pavroll Taxes 4,852 Repairs And Maintenance 1,948 Small Tools And Equipment 2,207 Sub- Contractors 45,976 Sundry 46 $257,747 - 16 - E- U F v: z 0 U O G1 �Qp U O E - Y+c �c wQ +aa +o �o- E -� 6 -n V F v_c i ,o in 7 CV nn.g1 S z5-V . =• ::0 Y ^8 +c s ao�:Y [ -n +E aan .a m 0 w N ^Vm �o CD i f 1� J I � tll r•II I H I � yy u w Uf O O G O G O IO O $E v^ in rn I Irn NEu N 7 a 0 IL O adW wiCg4 Cl H S• -Y uaa ut p{ s° WdO� O I I O v 0 o " l V} ! 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