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Home My WebLink AboutC-2053 - West Newport Park Handball CourtsOctober 23, 1979 Ban H. Smith, Inc. 4420 Baldwin Ave E1 Monts, Ca 91734 _ Subject* Surety t Industrial Indemnity Company Bonds No. Y9803 -8694 Project Handball Courts in West Newport Park Contract No. C 2053 The City Council on August 3, 1979 accepted the worlk of subject project and authorized the City Clem 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 w1th the OranRQ County Recorder on September 17, 1979, in Rook No. 13313, Page 4I.9. Please notify your surety company that bonds may be releascid 35 days after recording date. Doris George City Clark rg cc: Public Works Department RE fOORD�N rLE,1°E RETURN TO , PufsrFO Q CITY CLERK Y CITY Cr NEWPORT BEACH 2SOO NE'AIPORT E30ULEVARD NEWPORT BEACH, CALIF. 92553 1 8i'?6 �33 13 PG 419 C1 RECORDED IN OFFICIAL RECORDS OF COMPLETION NOTICE. OF ORANGE COUQTY, CALIFORNIA S Min. PUBLIC WORKS P" 4 P, M.SEP 1,7 1979 L<c A. C2 ' "�r:ly Roccrder 'f o All Laborers and Material Men and to Every Other Person Interested: YOU WII.,L PLEASE TAKE. NOTICE that on August 3, 1979 the Public Works project consisting of Handball courts in West Newport ar on which Ben F. Smith, Inc. was the contractor, and In ustrial Indemnity Company was the surety, was completed. VERIFICATION I, the undersigned, say: CITY OF NEWPOR.T BEACH Publ>c Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 11, 1979 at Newport Beach, California. z Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on September 10, 1979 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 11, 1979 at Newport Be ch, California. City lerk CCT 11��r f7E%FP� ry pc J9�`J4. Sip 10 1979 gy the, CITY COUNCIL tTy OF tow"'! KU TO: CITY COUNCIL FROM: Public Works Department September 10, 1979 CITY COUNCIL AGENDA ITEM NO. H -13 SUBJECT: ACCEPTANCE OF CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK (C -2053) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for construction of four handball courts in West Newport Park has been completed to the satisfaction of the Public Works Department. The bid price was $43,150.00 Amount of change orders -0- Total contract cost 43,150.00 Amount budgeted in the Building Excise Tax Fund (Account No. 27- 7697 -101) $50,000.00 The design engineering was performed by Kammeyer, Lynch & Partners, landscape architects and environmental planners, of Irvine. The contractor is Ben F. Smith, Inc. of El Monte, California. The contract date of completion was October 19, 1979. The work was substantially completed by August 3, 1979. i Benjamin B. Nolan Public Works Director KLP:jd • 0 CITY OF NEWPORT BEACH CALIFORNIA Date: September 11, 1979 City Hall 3300 W. Newport Blvd 640 -2251 Lee A. Branch County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of Handball Courts in West Newport Park on which Ben F. Smith, Inc. and Industrial Indemnity Company Please record and return to us. Encl. Very Contract No. 2053 was the Contrector was the surety. yours, A City Clerk City of Newport Beach 0 0 NOTICE. OF COMPLETION PUBLIC WORKS 'to All Laborers and Material Men and to Every Other Person Interested: YOU WII.,L PLEASE TAKE NOTICE that on August 3, 1979 the Public Works project consisting of Handball ours in es ewpor ar on which Ben F. Smith, Inc. was the contractor, and Industrial Indemnity Company was the surety, was completed. VERIFICATION I, the undersigned, say: C OF NEWPOR BEACH �27/'!vlvW Public Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice, of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 11, 1979 at Newport Beach. California. � L yG7 ru lic Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on September 10, 1979 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 11, 1979 at Newport Be ch, California. City Jerk CITY OF NEWPORT BEACH Date June 20, 1979 TO: Public Works Department FROM: City CIerk SUBJECT: Contract No. 2053 Project Handball COnrtc,jn WPaY rra..,Port raXk Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Ben F. Smith Address: 4420 Baldwin Ave. El Monte, Calif 91734 Amount: $ see contract Effective Date: June -20, 1979 Resolution No. 9553 A'�Doris Geo e Att. cc: Finance Department m City IIall 3300 Newport Boule%-ard, Newport Beach, California 92663 P AL wwwwv wwvwv NVI CERTIFICATE OF INSURANCE Issued to: Named Insured and Address: CITY OF NEWPORT BEACH BEN F. SMITH, INC. CITY HALL - C/O CITY CLERK 4420 BALDWIN AVENUE 3300 W. NEWPORT BLVD. EL MONTE, CALIFORNIA 91731 NEWPORT BEACH, CALIFORNIA 92663 We hereby certify that the following described insurance is in force at this date with: FREMONT INDMENITY COMPANY THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS, OR ALTERS THE COVERAGE AFFORDED BY THE POLICY OR POLI- CIES INDICATED IN THIS CERTIFICATE. LOCATION OF RISK: TYPE OF INSURANCE: UMBRELLA LIABILITY POLICY POLICY OR CERTIFICATE NO.: GC 38446 PERIOD: From JANUARY 1, 1979 To JANUARY 1, 1980 LIMITS OF LIABILITY: $10,000,000-00 Should the above mentioned contract of insurance be cancelled during the above named policy period, we, the Undersigned, will endeavor to give 30 days written notice to the holder of this document, but failure to give such notice shall impose no obligation of any kind upon the Undersigned or upon the Companies. IMPORTANT NOTICE "Notwithstanding any requirement, term, or condition of any contract or other document with respect to which the certificate is issued, the insurance afforded by the pOIZ40RLDWIDE FACILITIES, INC. ties listed on the certificates is subject n o all ermg o uch policies ".. 1 Dated une By KKK W CITY OF NEWPORT BEACH Contract No. 2053 Special Endorsement No. In consideration of the premium charged, this endorsement is attached to and made a part of all policies insuring the liability of any person, firm or corporation performing services under contract for the City of Newport Beach. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policies shall: 1. include the City of Newport Beach, its officers and employees as additional insureds in the policies described below 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. 2. Include contractual liability coverage applicable to the contract referred to above, including the obligation to defend the City. 3. Delete all exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards). 4. Indemnify and save harmless the City of Newport Beach against any and all claims, excluding sole negligence of the City, resulting from the undertaking of the contract. This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, until reasonable determination is made that the City is solely negligent. 5. Provides limits of liability and coverages as follows - COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY COMMERCIAL FREMONT UMBRELLA 5 -14 -79 GC 38446 1 -1 -79/80 $10,000,000. INDEMNITY This endorsement is effective 5 -14— , 19 79 , when signed by an Authorized Representative of the companies affording coverages and when issued to City shall be valid and form a part of policies herein described. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail 30 days' prior written notice by registered mail to: City of Newport Beach c/o City Clerk 3300 Newport Boulevard Newport Beach, California 92663. NAME OF AGENT OR BROKER WORLDWIDE FACILITIES, INC. Address 3435 WILSHIRE BLVD. LOS AGELE By L� u t h r zed Rep entative) IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Endorsement is cautioned to make certain that he has authority to do same on behalf of the Insurance Company or Companies. C.I.E. - 3/79 'EBI COMPANIES Emplrge Benefits Insurance Conngny HOME OFFICE SAN JOSE, CALIFORNIA CERTIFICATE OF INSURANCE - WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY Employee Benefits Insurance Company has issued coverage effective for the period specified below. This certificate is subject to the Insuring Agreements, Conditions, Exclusions and Endorsements of the Policy, and shall not be altered or extended by any contract or agreement between the Insured and any other person and /or company. I LIMITS OF LIABILITY Public Works Department Worker's Compensation- StatutoryjCalifornia Certificate City of Newport Beach Employer's Liability - $2,000,000 Holder 3300 West Newport Blvd. Newport Beach, CA 92663 Policy Number 00 -37 -73 L Policy Period 1 -1 -79 to 1 -1 -80 J(12:01 A.M. Standard Time as to each of said dates) This policy shall not be cancelled nor reduced in coverage until after 30 days written notice of such cancellation or reduction in coverage shall have been mailed to this certificate holder. EXCEPTION: Cancellation of this policy for NON - PAYMENT OF PREMIUM OR NON - SUBMISSION OF PAYROLL will require TEN (10) days notice of such cancellation to all certificate holders and to the insured. DESCRIPTION OF OPERATIONS /JOB SITE: JOB. Construction of Handball Courts in West Newport Park (C -2053) This Certificate is being issued in accordance with California Labor Code Section 3800 as respects the issuance of a Building Permit. Issued this 21st day of May 1979 Ben F. Smith, Inc. Named P.O. Box 954 Insured E1 Monte, CA 91734 L J — Oployee Benefits Insurance Company II D_1Od 6178 Ni THE FETNA CASUALTY AND SUeETY CLIMPANY # The as end the Hartford, Connecticut 06115 desigtd Insurance Part and LIFE &CASUALTY Endorsements, with the jacket provisions, complete this OWNERS' AND CONTRACTORS, PROTECTIVE LIABILITY POLICY For L NAMED city of Newport Beach, California INSURED City Hall 3300 W. Newport Blvd. Newport Beach, California 92663 (Shmv Number and Street or RFD. City. co••mly. State and Z Lion Joint Venture Ivf Other: 3 .PC 2j. -79 to 1 -1 -80 12:01 A.M. Time at the address of the named insured as ie statea:_ INSURED 3. The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the Company's liability against each such Coverage shall be as stated herein, sub. ject to all the terms of this policy having reference thereto. PART COVERAGES LIMITS OF LIABILITY PREMIUM BASES RATES ADVANCE Each Occurrence Aggregate (1) Total Cost (1) Per $100 of Cost PREMIUM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR (2) Area (2) Per 100 sq. feet OCP Bodily Injury Liability $ see end� Q) 0 (2) 43,150 (1) (2) 04 $ Property Damage Liability $ 000 $ ,000 (P 43,150 (1) .03 $ see endt (2) (2) ENDORSEMENTS MADE PART OF THE POLICY (designated by Endorsement number) A Special $ Description of Hazards Class I Year Policy Total Advance Premium 11- $ Incl . P Construction Operations — Owner 16292 m Deposit Premium ► $ excluding operations on board ships. N 3 Year Prepaid Total Advance Premium ► $ T 3 Year Policy Installments M T Total Advance Premium ► R D 1st Anniversary ► $ 0 2nd Anniversary ► $ 4. DESIGNATION OF CONTRACTOR (AND CONTRACTOR'S MAILING ADDRESS) Ben F. Smith, Inc. LOCATION OF COVERED OPERATIONS Construction of handball courts in West Newport Park (C -2053) ENTER !- IF THE FOLLOWING PROVISION IS APPLICABLE: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums which may become payable under the terms of this policy. 5. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, un- less otherwise stated herein: DESCRIPTION OF TERMS USED AS PREMIUM BASES: When used as a premium basis: "Cost" means the total cost to the named insured for work performed for the named insured during the policy period by or on behalf of the designated contractor in connection with the project at each location of covered operations, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether finished by the owner, named insured, designated contractor or a subcontractor, and including all fees, allowances, bonuses or commissions made, paid or due. (Calms) raa Countersigned by �G' %�✓�r��•'� . Cal. 242896 Printed is G.S.A. WEPART LIFE &CASUALTY OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR I. BODILY INJURY LIABILITY COVERAGE materials or other irritants, contaminants or pollutants into or PROPERTY DAMAGE LIABILITY COVERAGE upon land, the atmosphere or any water course or body of The company will pay on behalf of the insured all sums which the water; but this exclusion does not apply if such discharge, insured shall become legally obligated to pay as damages because dispersal, release or escape is sudden and accidental; Of (j) to loss of use of tangible property which has not been bodily injury or physicially injured or destroyed resulting from property damage (1) a delay in or lack of performance by or on behalf of the to which this policy applies, caused by an occurrence and arising named insured of any contract or agreement, or out of (1) operations performed for the named insured by the con- (2) the failure of the named insured's products or work per - tractor desionated in the declarations at the location designated formed by or on behalf of the named insured to meet the therein or (2) acts or omissions of the named insured in connection level of performance, quality, fitness or durability warrant - with his geennrerralCsuRwylsi operations, and the company ed or represented by the named insured; shall have a rigFi" and duty to end any suit against the insured but this exclusion does not apply to loss of use of other tangible seeking damages on account of such bodily injury or property property resulting from the sudden and accidental physical in- damage, even if any of the allegations of the suit are groundless, jury to or destruction of the named insured's products or work false or fraudulent, and may make such investigation and settlement performed by or on behalf of the named insured after such of any claim or suit as It deems expedient, but the company shall products or work have been put to use by any person or not be obligated to pay any claim or judgment or to defend any suit organization other than an insured. after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. II. PERSONS INSURED Exclusions Each of the following is an insured under this policy to the extent This policy does not apply: set forth below: (a) to liability assumed by the insured under any contract or (a) if the named insured is designated in the declarations as an agreement except an incidental contract; but this exclusion individual, the person so designated and his spouse. does not apply to a warranty that work performed by the (b) it the named insured is designated in the declarations as a designated contractor will be done in a workmanlike manner; partnership or joint venture, the partnership or joint venture so (b) to bodily injury or property damage occurring after designated and any partner or member thereof but only with respect to his liability as such; (1) all work on the project (other than service, maintenance or (c) if the named insured is designated in the declarations as other repairs) to be performed by or on behalf of the named in- than an individual, partnership or joint venture, the organization sured at the site of the covered operations has been com- so designated and any executive officer, director or stockholder pleted or thereof while acting within the scope of his duties as such; and (2) that portion of the designated contractor's work out of which the injury or damage arises has been put to its in- (d) any person (other than an employee to the named insured) d or tended use by any person or organization other than insure anon while acting as real estate manager for the named another contractor or subcontractor engaged in performing insured. operations for a principal as a part of the same project; Ill. LIMITS OF LIABILITY (c) to bodily injury or property damage arising out of any act or Regardless of the number of (1) insureds under this policy, (2) per - omission of the named insured or any of his employees, other sons of organizations who sustain bodily injury or property than general supervision of work performed for the named in- damage, or (3) claims made or suits brought on account of bodily sured by the designated contractor; injury or properly damage, the company's liability is limited as (d) to any obligation for which the insured or any carrier as his in- follows: surer may be held liable under any workmen's compensation, Bodily Injury The total liability of the company for all unemployment compensation or disability benefits law, or un- Liability Coverage damages, including damages for care and der any similar law; loss of services, because of bodily injury (e) to bodily injury to any employee of the insured arising out of sustained by one or more persons as the result of any one oc- and in the course of his employment by the insured or to any currence shall not exceed the limit of bodily injury liability stated obligation of the insured to indemnify another because of in the declarations as applicable to "each occurrence ". damages arising out of such injury; but this exclusion does not Property Damage The total liability of the company for all apply to liability assumed by the insured under an incidental Liability Coverage damages because of all property damage contract; sustained by one or more persons or (f) to property damage to organizations as the result of any one occurrence shall not exceed (1) property owned or occupied by or rented to the insured, the limit of property damage liability stated in the declarations as applicable to "each occurrence ". (2) property used by the insured, Subject to the above provision respecting (3) property in the care, custody or control of the insured or ) P p g aeach occurrence', the as to which the insured is for any purpose exercising total liability of the company for all damages because all property damage which this coverage applies shall not exceed physical control, or the limit of property damage liability stated in the declarations as (4) work performed for the insured by the designated con- "aggregate ". If more than one project is designated in the schedule, tractor; such aggregate limit shall apply separately with respect to each (g) to bodily injury or property damage due to war, whether or project. not declared, civil war, insurrection, rebellion or revolution, or Bodily Injury and For the purpose of determining the limit of to any act or condition incident to any of the foregoing, with Property Damage the company's liability, all bodily injury respect to (1) liability assumed by the insured under an in- Liability Coverage and property damage arising out of con - cidental contract, or (2) expenses for first aid under the Sup- tinuous or repeated exposure to sub - plementary Payments provision of the policy. stantially the same general conditions shall be considered as (h) to bodily injury or property damage arising out of (1) the arising out of one occurrence. ownership, maintenance, operation, use, loading or unloading IV, POLICY TERRITORY of any mobile equipment while beinq used in any prearranged or organized racing, speed or demolition contest or in any This policy applies onlytobodily injury orproperty damage which stunting activity or in practice or preparation for any such con- occurs within the policy territory. test or activity or (2) the operation or use of any snowmobile or V. ADDITIONAL DEFINITION trailer designed for use therewith; When used in reference to this insurance (including endorsements (i) to bodily injury or property damage arising out of the forming a part of the policy): discharge, dispersal, release or escape of smoke, vapors, soot, "work" includes materials, arts and equipment furnished in fumes, acids, alkalis, toxic chemicals, liquids or gases, waste p p connection therewith. 0 0 This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: ALL LIABILITY INSURANCE, OTHER THAN COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE SINGLE LIMIT It is agreed that with respect to the insurance indicated below by ❑X : 1. The total limit of the company's liability for all damages as the result of any one occurrence is the amount stated below as applicable to "each occurrence.'' Insuring Agreement III, Limits of Liability is amended accordingly. 2. Any aggregate limit of liability, the amount of which is specifically stated below or in the declarations, shall nevertheless continue to apply in accordance with all the terms of the policy applicable thereto. COVERAGES ® All Liability Insurance Comprehensive Automobile Liability Insurance D Comprehensive General Liability Insurance LIMITS OF LIABILITY $ 500.000, each occurrence $ 500,000. aggregate This endorsement, issued by one of the below named companies, forms a part of the policy to which attached, ef- fective on the inception date of the policy unless otherwise stated herein. (The information below- is required only it-hen this endorsement is Issued subsequent to preparation of the police.) Endorsement effective Named Insured Additional Premium $ The fftna Casualty and Surety Company The Standard Fire Insurance Company Hartford, Connecticut Policy No. Return Premium $ Countersigned by Endorsement No A Special In Adv. $ $ 1st Anniv. $ $ 2nd Anniv. $ $ (A,dhortaed Represcntntlre) CAT. 446076 .ACC 324 -AI I -72 PRINTED IN U.S.A. LIFE & CASUALTY 0 GENERAL PROVISIONS FOR LIABILITY POLICIES DEFINITIONS When used in this policy (including endorsements forming a part hereof): "automobile" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, (including any machinery or ap- paratus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, borrowing, filling, back - filling, tun- neling, pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the named insured by in- dependent contractors, or (2) included within the completed operations hazard or the underground property damage hazard, a (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed a abandoned and occurs away from premises owned by or rented to the named insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been com- pleted, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service a maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or property damage arising out of (a) operations in connection with the transportation of property, unless the bodily Injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or- (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations "; "elevator" means any hoisting or lavering device to connect floors or landings, whether or not in service, and all appliances thereof in- cluding any car, platform, shah, hoistway, stairway, runway, power equipment and machinery, or any hydraulic a mechanical hoist used for raising or lowering automobiles for lubricating and ser- vicing or for dumping material from trucks; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if no attached to building walls, or a hod or material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding fair feet; "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the named insured by independent contractors, or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability is assumed by 0 AG -00 -01 the insured under an incidental contract; "incidental contract" means any written (1) lease of premises, (2) casement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement; "insured" means any person or organization qualifying as an in- sured in the "Persons Insured" provision of the applicable in- surance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self - propelled, (1) not subject to motor vehicle registration, or (2) main- tained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently at- tached to such vehicle: power cranes, shovels, loaders, diggers and drills, concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers and other road construction or repair equipment; air - compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical ex- ploration and well servicing equipment; "named insured" means the person or organization named in Item 1, of the declarations of this policy; "named insured's products" means goods or products manufac- tured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such con- tainer, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the stand- point of the insured; "policy territory" means: (1) the United States of America, its territories or possessions, or Canada or (2) international waters a air space, provided the bodily injury a property damage does not occur in the course of travel or transportation to or from any other country, state or nation; or (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; "underground property damage hazard" includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground property damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, ex- cavating, drilling, borrowing, filling, back - filling or pile driving. The underground property damage hazard does not include property damage (1) arising out of operations performed for the named in- sured by independent contractors, or (2) included within the com- pleted operations hazard, or (3) for which liability is assumed by the insured under an incidental contract. (CO -5022) 1 -73 CAT. 43745A PRINTED IN U.S.A. . SUPPLEMENTARY PAYMENTS • The company will pay, in addition to the applicable limit of liability; (a) all expenses incurred by the company, all costs taxed against the insured in any suit defended by the company and all in- terest on the entire amount of any judgment therein which ac- crues after entry of the judgment and before the company has paid or tendered or deposited In court that part of the judgement which does not exceed the limit of the company's liability thereon; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the company shall have no obligation to ap- ply for or furnish any such bonds; (c) expenses incurred by the Insured for first aid to others at the time of an accident, for bodily injury to which this policy ap- plies; (d) reasonable expenses incurred by the insured at the com- pany's request in assisting the company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) I. This policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America or any agency thereof, under any agreement entered into by the United States of America or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Sup- plementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazar- dous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America its territories or possessions or Canada this ex- clusion (3) applies only to property damage to such nuclear facility and any property thereat. If. As used herein: "hazardous properties" include radioactive, toxic or explosive properties, "nuclear material" means source material, special nuclear material or byproduct material; "source materiar', "special nuclear material ", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof, "spent tuer' means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof, "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations, "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to con- tain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property. CONDITIONS 1. Premium All premiums for this policy shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the and of the policy period. At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations as the audit period the earn- ed premium shall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the company shall return to the named insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct. 2. Inspection and Audit The company shall be permitted but not obligated to inspect the named insured's property and operations at any time. Neither the company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The company may examine and audit the named Insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Financial Responsibility Laws When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reim- • CONDITIONS (Continued) • bursa the company for any payment made by the company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4. Insured's Duties in the Event of Occurrence, Claim or Suit (a) In the event of an occurrence, written notice containing par- ticulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and cir- cumstances thereof, and the names and addresses of the in- jured and of available witnesses, shall be given by or for the in- sured to the company or any of its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the insured, the in- sured shall immediately forward to the company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooperate with the company and, upon the company's request, assist in making settlements, in the con- duct of suits and in enforcing any right of contribution or in- demnity against any person or organization who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall no, except at his own cost, voluntarily make any payment, assume any obligation a incur any expense other than for first aid to others at the time of accident. 5. Action Against Company No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured 'after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance af- forded by this policy. No person or organization shall have any right under this policy to join the company as a parry to any action against the insured to determine the insured's liability, nor shall the company be impleaded by the insured or his legal represen- tative. Bankruptcy or insolvency ol the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder. 6. Other Insurance The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the com- pany shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest ap- plicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such in- surer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7. Subrogation In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. S. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver a a change in any part of this policy or estop the company from asserting any right under the terms of this policy, nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 9. Assignment Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, however, the named in- sured shall die, such insurance as is afforded by this policy shall apply (1) to the named insured's legal representative, as the named insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the named insured, to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal representative. 10. Three Year Policy If this policy is issued for a period of three years, any limit of the company's liability stated in this policy as "aggregate" shall apply separately to each consecutive annual period thereof. 11. Cancellation This policy may be cancelled by the named insured by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the named insured at the address shown in this policy, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The effective date of cancellation stated in the notice shall became the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rate. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes ef- fective, but payment or tender of unearned premium is not a con- dition of cancellation. 12. Declarations B,, acceptance of this policy, the named insured agrees that the statements in the declarations are his agreements and represen- tations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company ur any of its agents relating to this insurance. GENERAL PROVISIONS AG -00 -07 � -1'•1 FOR LIABILITY POLICIES LIFE & CASUALTY DEFINITIONS When used in this policy (including endorsements formino a part hereof): "automobile" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, (including any machinery or ap- paratus attached thereto), but does not include mobile equipment; "bodily injury' means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, borrowing, filling, back- filling, tun- neling, pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the named insured by in- dependent contractors, or (2) included within the completed operations hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed a abandoned and occurs away from premises owned by or rented to the named insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by a on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been com- pleted, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or property damage arising out of (a) operations in connection with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or. (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations "; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof in- cluding any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery, or any hydraulic or mechanical hoist used for raising or lowering automobiles for lubricating and ser- vicing or for dumping material from trucks; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height no exceeding four feet; "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the named insured by independent contractors, or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract; "incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnity a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement; "insured" means any person or organization qualifying as an in- sured in the "Persons Insured" provision of the applicable in- surance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not sell - propelled, (1) not subject to motor vehicle registration, or (2) main- tained for use exclusively on premises awned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently at- tached to such vehicle: power cranes, shovels, loaders, diggers and drills, concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers and other road construction or repair equipment air - compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical ex- ploration and well servicing equipment; "named insured" means the person or organization named in Item 1, of the declarations of this policy; "named insured's products" means goods or products manufac- tured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products' shall not include a vending machine or any property other than such con- tainer, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the stand- point of the insured; "policy territory'' means: (1) the United States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily injury or property damage does not occur in the course of travel or transportation to or from any other country, state or nation; or (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at anytime resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; "underground property damage hazard" includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground property damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, ex- cavating, drilling, borrowing, filling, back - filling or pile driving. The underground property damage hazard does not include property damage (1) arising out of operations performed for the named in- sured by independent contractors, or (2) included within the com- pleted operations hazard, or (3) for which liability is assumed by the insured under an incidental contract. ,(CC-5022) 1 -73 CAT. 43745A PRINTED IN U.S.A. • SUPPLEMENTARY PAYMENTS • The company will pay, in addition to the applicable limit of liability; (a) all expenses incurred by the company, all costs taxed against the insured in any suit defended by the company and all in- terest on the entire amount of any judgment therein which ac- crues after entry of the judgment and before the company has paid or tendered or deposited in court that part of the judgement which does not exceed the limit of the company's liability thereon; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this I. This policy does not apply: A. B. C. policy, and the cost of bail bonds required of the Insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the company shall have no obligation to ap- ply for or furnish any such bonds; (c) expenses incurred by the insured for first aid to others at the time of an accident, for bodily injury to which this policy ap- plies; (d) reasonable expenses incurred by the insured at the com- pany's request in assisting the company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. Under any Medical Payments Coverage, or under any Sup- plementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazar- dous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this ex- clusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used herein: "hazardous properties" include radioactive, toxic or explosive properties, "nuclear material" means source material, special nuclear material or byproduct material; "source material ", "special nuclear material ", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof, "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof, "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations, "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to con- tain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property. CONDITIONS 1. Premium All premiums for this policy shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations as the audit period the earn- ed premium shall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the company shall return to the named insured the unearned portion paid by the named Insured. The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct. 2. Inspection and Audit The company shall be permitted but not obligated to inspect the named insured's property and operations at any time. Neither the company's right to make inspections not the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The company may examine and audit the named insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Financial Responsibility Laws When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reim- • CONDITIONS (Continued) • bursa the company for any payment made by the company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4, Insured's Duties In the Event of Occurrence, Claim or Suit (a) In the event of an occurrence, written notice containing par- ticulars sufficient to identity the insured and also reasonably obtainable information with respect to the time, place and cir. cumstances thereof, and the names and addresses of the in- jured and of available witnesses, shall be given by or for the in- sured to the company or any of its authorized agents as soon as practicable. (b) It claim is made or suit is brought against the insured, the in- sured shall immediately forward to the company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooperate with the company and, upon the company's request, assist in making settlements, in the con- duct of suits and in enforcing any right of contribution or in- demnity against any person a organization who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any Payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. S. Action Against Company No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insured's Obligation to pay shall have been finally determined either by judgment against the insured •after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance af- forded by this policy. No person a Organization shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability, nor shall the company be impleaded by the insured or his legal represen- tative. Bankruptcy or insolvency of the insured or of the insured' $ estate shall not relieve the company of any of its obligations hereunder. 6. Other Insurance The insurance afforded by this policy is primary insurance, except when stated to apply in excess of Or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company$ liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the com- pany shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible Insurance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest ap- plicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the toss until each such in- surer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by Limits. It any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7. Subrogation In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after Ices to prejudice such rights. S. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this terms ofrthissi policy, cy, nornshalll theoterms of asserting policy be the changed, except by endorsement issued to form a part of this policy. 9. Assignment Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, however, the named in- sured shall die, such insurance as is afforded by this policy shall apply (1) to the named insured's legal representative, as the named insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the named insured, to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal representative. g 10. Three Year policy If this policy is issued ,for a period of three years, any limit of the company's liability stated in this policy as "aggregate" shall apply separately to each consecutive annual period thereof. 11. Cancellation This policy may be cancelled by the named insured by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the named insured at the address shown in this policy, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The effective date of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes ef- fective, but payment or tender of unearned premium is not a con- dition of cancellation. 12. Declarations By acceptance of this policy, the named insured agrees that the statements in the declarations are his agreements and represen- tations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company ur any of its agents relating to this insurance. The ktna Casualty and Surety Company The Standard Fire Insurance Company Hartford, Connecticut 06115 Insurance planned for your protection by (90985) 3 -70 0 d LIFE & CASUALTY Cat. 211974 'Trademark of The Atna Casualty and Surety Company Printed in U.S.A. and its associated companies 0 • In Witness Whereof, we have caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by our authorized representative. Secretary P"'U'ur CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AND PARKS, BEACHES AND RECREATION DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK Approved by the City Council this 26th day of March, 1979. D ris George, City Clerk CONTRACT NO. 2053 SUBMITTED BY: BEN F. SMITH, INC. ontractor 4420 Baldwin Avenue Address E1 Monte, California 91734 City Zip (213) 444 -2543 Phone $43,150.00 Total Bid Page 1 CITY OF NEWPORT BEACH, CALIFORNIA �. NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 2:30 P.M. (as determined by telephone time signal) on the 1st day of May____ 1979, at which time they will be opened and read, for performing work as follows: ws: CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK. CONTRACT NO.2053 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. B. C. D. E. F. Proposal Designation of Subcontractors Bidder's Bond Non = collusion Affidavit Statement of Financial Responsibility Technical Ability and Experience References These documents shall be affixed.with the signature and titles of the persons signing on behalf of the bidder.. For corporations, the signatures.of the President or Vice President and Secretary or Assistant Secretary are required an- terroora�te Seal shall ll be affixed to 'a requ�r ng signatures. In the case of a ar>s tnership,. the signature of at least one general partner is required. No bids will be accepted from a contractor:who has not been licensed in accordance with the provisions.of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department. City Hall, Newport Beach, California, at no cost to .licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) ,, �. k �� F ._.�_. Ku..z... ...,, ..._.. r x _n_ .� <.�v __- ,__,.sdd,� -r_ ".. >w �,�.9�^r'"`"°' yr_�`�:_l�m I _ ,.... _..�.� - ... _.,._.. .. ...r. �:._a;s Page la The City has adopted the Standard Specifications for Public Works Construction (1976 Edition) as prepared by the bouthern Ualifornia chapters of the America-n-15`557ic 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 "City of Newport Beach Special Endorsement" form has been adopted by the City of Newport Beach. This form is the only endorsement acceptable to the City for liability insurance purposes. The successful low bidder will be required to complete the form upon award of 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. 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 -7981 in- clusive). The contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all.apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 3 -13 -79 ,f , �E �� .. %9k�_T�:..wti�Kr �� . ;:., .. ., i - a...:ta�� -s u1C* w.S�:'u.,�'u.�?,- ..:.i2m"�_^a.. = �Stis -L a ... - „Wr.. ,...:.�...... 4. ...- 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. "524 Classification Accompanying this proposal is (Cash, Cert ie C eck, Cashier's Check or on 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 workers' 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. 1213 444 -2543 Phone Number NOY 1, 1979 Date N F. SM Bidder's Name H. , ut g to ut i ri d i gn ture Comm 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: H. L. Kelley 8N► F.SMth, Jr. �• '� --' _� ; F� ,-,'i �� : � c I 2 "i �. .� _c �J v _ � � '' ,..... i � H Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. Fence Crown Fence Pasadena 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. BEN F. SMITH INC. i er s Name S H. L. Kelley ut or ze 1 ature Cor org, on Type of Organization (Individual, Co- partnership or Corp.) 4420 N. Baldwin Avenue L., o v __ �5. `. i "FOR OF GINAL SEE CITY CLERK'S FILE C' Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, 8E11 F. SMITH. INC. , as Principal, and INDUSTRIAL INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City. of Newport Beach, California, in the sum of Ten Perceet of the total aawunt bid in Dollars ($ 109 ), 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 HANDBALL COURTS IN WEST NEWPORT PARK - CONTRACT N0. 2053 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 23rd daffy of AoM i , 19-21—. Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact SIJ. F. Tesnohlidek Comissien expires March 13, 1981 Principe 1-` S /H. L. Kelley INDUSTRIAL INDEMNITY COMPANY Surety i 7, .1 y I'_l ry — � c Page 5 NON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of .them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free Competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this —6 day of M4y , 1979 My commission expires: 2/19/63 L. Kelley, President BEN F. SMITH, INC. S/ N. F. PAULSON Notary Public OFFICIAL SEAL H. F. PAULSON NOTARY PUBLIC CALIFORNIA $'- PRINCIPAL OFFICE IN LOS ANGELES( AUNTY My Cummisslon Up. Feb. 19. 1983 x �, I t (. '�. � 4 � J . > :. 1 '. � o-.. '.v '¢ � . .� • ,, -T- ._a.0 "FOR INAL SEE CITY CLERK'S FILE COQP 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. J..::.,.. "ON FILE WITH CITY CLERK" SUJIML �,M" M-11av- Signed Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. Various Tilt -up Buildings in Oran" County, 0 Page 8 LABOR AND MATERIAL BOND Bond No. YS805 -8684 Premium: Included in 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 May 14, 1979 has awarded to BEN F. SMITH, INC. hereinafter designated as the "Principal ", a contract for CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK, CONTRACT NO. 2053 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 BEN F. SMITH, INC. as Principal, and INDUSTRIAL INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of FORTY THREE THOUSAND, ONE HUNDRED FIFTY AND NO /100-- - - - - -- Dollars ($ 43,150.00 ), said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that.if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon r I �,� .e.�_.��,.. ..�3S.:.r t.�.. -. .x .,....C,3 ...-' �. �v:.'f: ?. zra3_.... r.,;. ;."'�. ""�_-- .in°iT�o..n'�:.,��. -: �:".'a�N..,:t...r 3- :i:EA':�F.xi1:i ..: Page 9 (Labor and Material Bond - Continued) this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And said Surety, for value received, 6reby 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 17th day of May , 19�g_. BEN F. SMITH INC. Name of Contractor Principal_ _ uthorized Signature and Title - --, Authorized Signature and Title INDUSTRIAL INDEMNITY COMPANY (Seal) Name of Surety 505 S. Virgil Ave—Los Signature ana Iltle OT Npxnor7 Agent. Almeda G. Pfleeger Atto y—:ii--fact dress of gent (213)387 -4151 Telephone No. of Agent l `. l C l State of California On May 17 , 1979 before me, the undersigned, ss. .a Notary Public of said county and state, personally appeared County of Los Angeles Almeda G. Pfleeger known to me to be the Attorney -in -Fact of INDUSTRIAL INDEMNITY COMPANY OFFICIAL SEAL J. F. TESNOHLiDEK NOTARY PUBL'C CALIFORNIA ° PRINCIPAL OFFICE IN 3 LOS ANGELES COUNTY My Commission Expires March 13, 1981 IY060 RA )8)72) the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. '�- NOTARY UBLfC Page 10 PERFORMANCE BOND Bond No. YS805 -8684 Premiwn. $431.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 14, 1979, has awarded to BEN F. SMITH, INC. hereinafter designated as the "Principal ", a contract for. CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK, CONTRACT NO. 2053 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, BEN F. SMITH, INC. as Principal, and INDUSTRIAL INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of FORTY THREE THOUSAND, ONE HUNDRED FIFTY AND NO /100--- - - - - -- -Dollars ($ 43,150.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety,, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice 0 P 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 17th day of may , 19 79 a s F. SMITH INC. {Seal) ofjC:ontrac�tor Principa.] ..... Authorized Signature and Title INDUSTRIAL INDEMNITY COMPANY (Seal) Name of Surety 505 S. Virgil Ave.,Los Angeles, Ca. R"es oT aurezy Signature dnd Title of thor' d gent Almeda G. Pfleeger ttor -in -Fact 505 S. Virgil Ave.,Los Angeles, Ca. ddress of Agent (213) 387 -4161 Telephone No. of Agent 'r ,, �_ '- - /-__r - :l _ '. �i� -. :l f �' � �.Y R..�F �__: Y_,5_,�,��xar.Y: t...,. �-' :��Sin �Yi"Y�ws+s: :=:d'� ... �'� R..r.�:w f�ait'.i v. ^des' State of California SS. County of Los Angeles OFFICIAL SEAL = I. F. TESN04LIDEK NJTARY PUBLIC C WCRNIA S PRINCIPAL OFFICE IN LOS ANGELES COUNTY e MY Commission Expires March 13, 1961 I YUGO RA (9/1x) On May 17, 1979 before me. the undersig ned, a Notary Public of said county and state, personally appeared i Almeda G. Pfleeger known to me to be the Attorney -in -fact of INDUSTRIAL INDEMNITY COMPANY the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. CONTRACT 0'' Page 12 THIS AGREEMENT, made and entered into thisday o 19 '79 , by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and BEN F. SMITH. INC. hereinafter designated as the Contractor, party of the second part: WITNESSETH: That the parties hereto do mutually agree as follows: i. For and in consideration of the.payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for the construction of CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK CONTRACT NO. and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work,.except such as in said Specifications are expressly stipulated to be borne.by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms-and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to.Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. U Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused,resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH, CALIFORNIA ATTEST: h_-A� JL_ S City Clerk Con ractor (SEAL) , By:we Title By: w Title ..... . • . . ITO C: all 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IM • PR 1 of 1 PARKS, BEACHES AND RECREATION DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK 1)ononcni CONTRACT NO. 2053 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2053 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Construct 4 handball courts, complete in place, for the lump sum price of Forty three thousand one hundred fifty Dollars and no Cents $ 43,150.00 TOTAI PRICE WRITTEN IN WORDS Forty Three Thousand One Hundred and Fifty Dollars and 00 /100 Cents $ 43,150.00 CONTRACTOR'S LICENSE NO. $6526 DATE May-1. 1979 42Q y, B ld in venue�l Monte, California 91734 Bidder's Address .- (Telephone Numbers -- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AND PARKS, BEACHES AND RECREATION DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK CONTRACT NO. 2053 Section Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. SPECIAL CONDITIONS . . . . . . . . . . . . . 1 III. SAFETY ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. GUARANTEES . . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . . 2 VI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . 2 VII. SITE ACCESS AND WORK AREA . . . . . . . . . . . . . . . . . . . 2 VIII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IX. SITE PREPARATION . . . . . . . . . . . . . . . . . . . . . . . 2 X. SUBGRADE PREPARATION . . . . . . . . . . . . . . 2 XI. HANDBALL COURTS . . . . . . . . . . . . . . . . . . . . 3 A. QUALIFICATIONS OF CONTRACTOR AND SUB - CONTRACTORS . . . . . 3 B. MATERIALS . . . . . . . . . . . . . . . . . . . . . . . 3 C. CONCRETE MIX DESIGN FOR HANDBALL COURTS. . . . . . . . . . 3 D. FORMS. . . . . . . . . . . . . . . . . . . . . . . . . 3 E. REINFORCING STEEL . . . . . . . . . . . . . . . . . . . . . 3 F. TRANSIT MIXED CONCRETE . . . . . . . . . . . . . . . . . . 4 G. PLACING CONCRETE . . . . . . . . . . . . . . . . . . . . 4 i Construction of Handball Courts in West Newport Park (C -2053) Index to Special Provisions (Cont'd) Section Page H. FINISHING . . . . . . . . . . . . . . . . . . . . . . . . . 4 I. CURING . . . . . . . . . . . . . . . . . . . . . . . . . . 5 J. TESTS AND QUALITY CONTROL . . . . . . . . . . . . . . . . . 5 K. CLEAN -UP . . . . . . . . . . . . . . . . . . . . . . . . . 6 L. EXPANSION JOINTS FOR HANDBALL COURTS . . . . . . . . . . . 6 M. PRE -CAST WALL PANELS . . . . . . . . . . . . . . . . . . . 6 XII. CHAIN LINK FENCE . . . . . . . . . . . . . . . . . . . . . . . 6 A. MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. INSTALLATION . . . . . . . . . . . . . . . . . . . . . . . 7 ii II III a0 SP i of 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AND PARKS, BEACHES AND RECREATION DEPARTMENT CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK CONTRACT. NO. 2053 SPECIAL PROVISIONS SCOPE OF WORK The work to be done under this contract consists of removal and disposal of beach sand and the construction of four new handball courts in a rectangular area surrounded by an existing sidewalk. A chain link fence will be con- structed on top of the common headwall. Incidental items of work include, but are not limited to layout, protection of existing improvements, and removal and disposal of sand. The contract does not call for any planting or replacement of sprinklers. The contract requires the contractor to furnish all labor, equipment, material, transportation, and services necessary to complete all the work as shown on the City of Newport Beach Drawing No. P- 5095 -S (Sheets 1 -3 incl.) and in accor- dance with these Special Provisions, the City's Standard S' ecial Provisions and Drawings, the City's Standard Specifications, and the 1976 Uniform Building Code. The City's Standard Specifications are the Standard Specifications for Public Works Construction, 1976 Edition. Copies may be purchased from Building News, Inc., 3044 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. Copies of the City's Standard Special Provisions and Drawings may be purchased from the Public Works Department at a cost of $5. SPECIAL CONDITIONS The SPECIAL CONDITIONS contain additions to the Standard Specifications. In the event of conflict between the Special Conditions and the Standard Specifi- cations, the Special Conditions shall prevail. SAFETY ORDERS The contractor shall have at the work site, copies or suitable extracts of Construction Safety Orders and General Industrial Safety Orders issued by the State Division of Industrial Safety. He shall comply with the provisions of these and all other applicable laws, ordinances and regulations. IV. GUARANTEES Besides guarantees required elsewhere, the contractor shall guarantee all work for a period of one (1) year after the date of acceptance of the work by the City; and shall repair and replace any such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and /or materials within the one (1) -year period from date of acceptance, with- out any expense to the City, ordinary wear and tear and unusual abuse or neglect . . SP2of7 excepted. In the event of failure by the contractor to comply with the above - mentioned conditions after being notified in writing, the City is hereby author- ized to have the defects repaired at the expense of the contractor, who hereby agrees to pay the cost therefor. V. TIME OF COMPLETION The contractor shall begin work within ten (10) calendar days after the exe- cution of contract by the City. All work shall be completed one hundred twenty (120) calendar days after execution of contract by the City. The time slated for completion shall include final clean -up of the premises. VI. CONSTRUCTION SURVEY STAKING Field surveys for control of all grading and construction shall be the respon- sibility of the contractor. 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 con- sidered as included in the various items of work, and no additional allowance will be made therefor. VII. SITE ACCESS AND WORK AREA Special attention is directed to Section 7 -8 and 7 -9 of the Standard Specifi- cations regarding site maintenance and protection of existing improvements. VIII. WATER The City will furnish water necessary to perform the contract at no cost to the contractor. IX. SITE PREPARATION The contractor shall grade the site to the lines and grades shown on the plans. Debris, vegetation, other deleterious materials, and non- organic debris or concrete, etc., encountered during the grading operation shall be removed from the site and disposed of in a legal manner The lump sum price bid for site preparation shall include but not be limited to the required unclassified excavation and fill necessary to bring the paved areas to sub -grade elevation utilizing the material available on the site. This item shall also include all costs involved with the removal and disposal of debris, vegetation, other deleterious materials and non - organic debris or concrete encountered in the grading operation. X. SUBGRADE PREPARATION Paved areas include the handball courts. The subgrade for paved areas shall be prepared in accordance with Section 301 -1 of the Standard Specifications. The excavated and processed soils and other fill soils shall then be replaced in uniform lifts (6 -8 inches thick), cleansed of all vegetation or debris, brought to approximate optimum moisture content and compacted to a minimum relative compaction of 95 percent of the laboratory standard. The laboratory standard is ASTM D- 1557 -70, the 5 -layer method. XI. HANDBALL COURTS A. QUALIFICATIONS OF CONTRACTOR AND SUB - CONTRACTORS . SP3of7 General. Because of the nature of this work, the contract will be awarded only to a bidder with experience in the construction of concrete struc- tures or one who proposes to use a sub - contractor with experience in con- crete structures. B. MATERIALS Forms. Wood, free of warps, smooth, straight. Base. 12" maximum size aggregate. Aggregates. Aggregate for the handball court slabs and walls shall be from San Gabriel River pits approved by the engineer, stockpiled at the batch plant and removed in horizontal layers of uniform thickness. To prevent spalling and popping on slab surface, all aggregates shall be free of re- active materials. Fine A99re9ajee shall consist of hard, strong, durable particles of natural sand. Fine ggregate shall pass a 3/8" sieve and be uniformly graded from coarse to fine with at least 90% passing a No. 4 sieve, not to exceed 7% passing a No. 100 sieve, and all retained on a No. 200 sieve. Coarse Aggregate shall consist of clean, hard, sound, durable crushed rock or washed gravel, and shall contain not more than 5% by weight of flat, thin, elongated, friable, or laminated pieces. Any piece having a major. dimension in excess of two and one -half (2)-2) times its average thickness shall be considered as flat or thin elongated. Coarse aggregate shall have a specific gravity of not less than 2.50. C. CONCRETE MIX DESIGN FOR HANDBALL COURTS Portland cement concrete used in handball court foundations, slabs, and walls shall be Concrete Class 560 -C -3250 with maximum of 4 inches slump. D. FORMS The contractor shall notify the City 24 hours before pouring concrete in order that the City's inspector may check all forms for location and ele- vation. E. REINFORCING STEEL All reinforcing bars shall be secured to insure no movement during the placing operations. Slab reinforcement shall be securely tied and set on chairs to prevent movement during concrete placing. At all times and at each location during the placing of concrete, there shall be a competent representative of the contractor present, whose duty shall be the inspec- tion of all reinforcement steel and the maintenance of bars in their proper position. SP 4 of 7 F. TRANSIT MIXED CONCRETE Transit mix concrete shall be mixed for a period of not less than fif- teen (15) minutes. At least three minutes of the mixing period shall be at the work site immediately prior to discharging from the mixer. 2. Concrete shall be rejected if not placed in final position within 45 minutes after water is first added to the batch. 3. Transit -mixed concrete is not to be delivered to the site with the total specified amount of water incorporated therein. Two and a half (2?) gallons of water per cubic yard shall be withheld and may be incorporated in the mix before the concrete is discharged from the mixer and mixing time shall be not less than five minutes after such water has been added. G. PLACING CONCRETE 1. Finished subgrade and footing excavations shall be thoroughly watered immediately prior to placing of concrete. 2. No concrete shall be placed without approval, and this operation shall be carried on only in the presence of the engineer. The contractor shall give 24 hours advance notice before placing any concrete. 3. Once concrete placing is started, it shall be carried through in a continuous, monolithic operation between predetermined expansion joints as shown on the drawings. No construction joints not shown on the plans shall be allowed. Under no circumstances shall concrete which has partially hardened be deposited in the work, nor shall retempering of concrete be allowed. 4. All concrete when placed shall be sufficiently tamped and manipulated to insure proper compaction, elimination of air pockets and flow around all reinforcing steel, embedded fixtures and into corners of all forms. 5. The top surfaces of all interior concrete grade beams, all perimeter footings and all post footings shall be troweled to a smooth surface and painted with asphalt or other approved bond breaker. Slabs shall not be placed over footings or beams until 24 hours after application of asphalt. 6. No concrete shall be placed during rain or dust storms. If such storms should develop immediately after placement of concrete, the finished concrete shall be protected by means of plastic sheeting, canvas, "Sisalkraft" paper or other approved covering. This covering shall be provided on the job site prior to placing concrete. H. FINISHING 1. Finish course shall be brought to a true and even plane by two wood floatings and two steel trowelings. Following this, the slabs shall receive a fine, soft broom finish. Only skilled workmen with experi- ence in this type of finish are to be employed in cement finishing work. SP 5 of 7 Cement finish shall be true to line, plane and elevations as shown on the drawings. Finished concrete slab surfaces shall not deviate from a flat plane more than 3/16 of 1" when tested with an eight -foot straight edge held in any direction. The contractor shall furnish and maintain in good condition an eight -foot straight edge for use by the engineer. 3. Any slab showing a greater variation than the specified 3/16 of 1" and /or showing voids or separation of the aggregates and /or showing a texture of variance to the accepted sample shall be deemed defective, and the entire slab to expansion joints, as shown on the drawings, shall be removed and replaced with concrete acceptable to the engineer. Re- moval and replacing defective work shall be at the contractor's expense. CURING Immediately after finishing and final set,.apply fog seal as directed by City. After finishing operations, slab surfaces shall be covered for pro- tection from injury and for proper curing. Concrete shall be kept con- tinuously wet for a period of at least 14 days after being deposited. After the concrete curing period, the contractor shall remove protective covering from the handball courts. No mechanical equipment shall be allowed on the courts. TESTS AND QUALITY CONTROL Aggregate and concrete testing will be the responsibility of the City and will be performed by a testing laboratory to be selected by the City after the contract has been awarded. The contractor shall notify the City of the location of the proposed San Gabriel aggregate source allowing ten (10) days to determine if source is acceptable. Aggregates shall be tested for and shall pass the following tests. Aggregates shall be sampled at their production source and tested. They shall again be sampled and tested upon delivery to the ready -mix plant prior to placement. The tests are as follows: Tests Gradation Specific Gravity Potential Reactivity Soundness by Sulfate Organic Impurities of Sand Test Method ASTM C136 ASTM C127 & C128 ASTM C289 ASTM C88 ASTM C40 Requirements ASTM C33 2.50 (Min.) Sc /Rc 1.0 8% Loss (Max.) ASTM C 33 Samples of concrete shall be obtained by the molded cylinder method. Three cylinders of concrete from each one -half tennis court shall be taken. Each cylinder shall be given a number and the point in the courts where the samples were noted thereon. One cylinder of each set shall be tested at seven days, another at 28 days and the third shall be held in reserve. When subjected to a slump test for consistency, the concrete shall not have a slump in excess of 43-,". XII . 0 SP6of7 5. Job -site Inspection: The City shall arrange for the performance of the following tests: Test Test Method Frequency Slump ASTM C143 First load of each pour and when taking strength specimens. Compressive ASTM C31 One set of 3 per 100 cubic yds; Strength minimum of one set per pour. Samples Samples shall be tested for compressive strength; one at seven (7) days and one at twenty -eight (28) days per set. K. CLEAN -UP The contractor shall clean up and remove from the premises all unused material debris resulting from the performance of the work of this section. L. EXPANSION JOINTS FOR HANDBALL COURTS Expansion joints shall be filled with No. 90 silica sand and sealed with Thiokol joint sealer. M. PRE -CAST WALL PANELS The contractor shall be responsible for designing the precast concrete wall panels; for adding extra reinforcing steel necessary so that the panels may be lifted without cracking; and for adding inserts and lift points necessary to lift the panels. The lump sum price paid for constructing the handball courts shall include compensation for designing the pre -cast panels and adding extra steel and inserts; and no separate payment will be made therefor. CHAIN LINK FENCE A. MATERIALS Chain -link Fabric. No. 9 gauge 1 -3/4" mesh, hot - dipped galvanized after weaving. Wire pickets of which fabric is made shall have a minimum tensile strength test of 70,000 pounds per square inch based on the cross sectional area of the galvanized wire. Galvanized steel fabric after weaving shall withstand twelve (12) one- minute immersions under the Preece Test. The produce shall have a knuckled selvage along the top and bottom. Pipe Framework. Standard hot - dipped galvanized steel pipe of sizes shown on drawings, as herein specified and conforming to the following: Outside Diam. Min. Wt. in Outside Diam. Min. Wt. in in Inches Lbs. /Ft. in Inches Lbs. /Ft. 5 14.62 2 -7/8 5.79 4 9.11 2 -1/2 3.65 3 -1/2 7.58 2 7.72 1 -5/8 2.27 Tops. Galvanized, apron base, cast iron gate posts; eye type for line posts. SP 7 of 7 Dome type for terminal and full Fittings. Malleable cast iron or pressed steel, unless otherwise speci- fied, hot - dipped galvanized, outside sleeve couplings. Posts. In the locations and of size indicated on the drawings. B. INSTALLATION Selvages. Top and bottom selvages knuckled. Fabric. One width of fabric up to and including 12 feet. Top Rail. With couplings approximately every twenty (20) feet. Couplings at least seven inches (7 ") long; one (1) coupling in every five (5) shall contain a heavy spring to take up expansion and contraction of top rail. Top rail shall pass through line post tops and form a continuous brace from end to end of each stretch of fence. Top rail shall be securely fastened to terminal and gate posts by pressed steel connections. Galvanizing. All metal, including bolts and nuts, shall be hot - dipped galvanized to withstand twelve (12) one- (1) minute immersions under the Preece test. The contractor shall furnish the owner a manufacturer's certification statement that the chain link fence fabric, fittings and all miscellaneous metal parts meet requirements as herein specified. Welding will not be acceptable in any fence construction components after galvan- izing. Fabric Fastening. Fastened to line posts on court side of fence with fabric bands spaced approximately fourteen inches (14 ") apart and to railings with tie wires spaced approximately twenty -four inches (24 ") apart. Fabric shall be fastened to terminal and gate posts with 1/4" x 3/4" stretcher bars which shall have bar bands at a maximum of fourteen inches (14 ") on center. Erection. It shall be the contractor's responsibility to erect the fence true to line and level, and with a taut fabric. Any fence construction not meeting the City's approval shall be replaced at the contractor's expense with acceptable construction. CITY OF NEWPORT BEACH Contract No. Special Endorsement No. In consideration of the premium charged, this endorsement is attached to and made a part of all policies insuring the liability of any person, firm or corporation performing services under contract for the City of Newport Beach. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policies shall: 1. Include the City of Newport Beach, its officers and employees as additional insureds in the policies described below 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. 2. Include contractual liability coverage applicable to the contract referred to above, including the obligation to defend the City. 3. Delete all exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards). 4. Indemnify and save harmless the City of Newport Beach against any and all claims, excluding sole negligence of the City, resulting from the undertaking of the contract. This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, until reasonable determination is made that the City is solely negligent. S. Provides limits of liability and coverages as follows COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY This endorsement is effective , 19 , when signed by an Authorized Representative of the companies affording coverages and when issued to City shall be valid and form a part of policies herein described. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail 30 days' prior written notice by registered mail to: City of Newport Beach c/o City Clerk 3300 Newport Boulevard Newport Beach, California 92663, NAME OF AGENT OR BROKER Address By Authorized Representative IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Endorsement is cautioned to make certain that he has authority to do same on behalf of the Insurance Company or Companies. C.I.E. - 3/79 f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AND PARKS, BEACHES AND RECREATION DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK Approved by the City Council this 26th day of March, 1979. C D ris George, City Clerk CONTRACT NO. 2053 SUBMITTED BY: BEN F. SMITH INC. Contractor 4420 Baldwin Avenue Address E1 Monte, California 9 734 City Zip 213 -444 -2543 Phone Toti Bi d i 0 0 Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at.the office of the City Clerk, City Ha11, Newport Beach, California, until 2:30 P.M. (as determined by telephone time signal) on the 1st day of May, 1979, at which time they will be opened and read, for per�work as follows: CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK. CONTRACT N0.2053 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 tout 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 ann tfie Comer orate Seal shall be affixed to'all documents requ r ng signatures. In the case of a ar}s tnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions.of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach., California, at no cost to .licensed contractors. It is requested.that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) 0 0 Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at.the office of the City Clerk, City Ha11, Newport Beach, California, until 2:30 P.M. (as determined by telephone time signal) on the 1st day of May, 1979, at which time they will be opened and read, for per�work as follows: CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK. CONTRACT N0.2053 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 tout 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 ann tfie Comer orate Seal shall be affixed to'all documents requ r ng signatures. In the case of a ar}s tnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions.of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach., California, at no cost to .licensed contractors. It is requested.that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) Page la The Cit has adopted the Standard S ecifications for Public Works Construction (1976 Edition as prepared by t e ou_ ern i r orn a ap ers Or the X0rTc_a_n_?_u57c 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 "City of Newport Beach Special Endorsement" form has been adopted by the City of Newport Beach. This form is the only endorsement acceptable to the City for liability insurance purposes. The successful low bidder will be required to complete the form upon award of 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. 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 -7981 in- clusive). The contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a.copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 3 -13 -79 =- 1�Iiav� - . ��'�` i � � ` �,. , '. } 4 ' '' �4'n_i.. r tc'n3EY_..�:resn�s= .S'SV` �'� +.IWa T h..i .,...._ .. t� va _- _. � . 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. 88526 Classification Accompanying this proposal is nd (Cash, Certified ec , as ier s GhecK or on 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 workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. 213 - 444 -2543 BEN F. SMITH INC. Phone Number Bi e N May 1, 1979 ut ri gna ure H.L. Authorized Signature (SEAL) , President Corporation Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: H. L. Kelley ,.s �. .. _: _a . . ,.��. �u �._�. �_z_ _ ��_ _ -.�.�: � �_ -.. � _ __� ,.._ __ . �:� Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. FP"rP Crnwn FPnre Pa Cadpna 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. L. Kelley Type Organization (Individual, Co- partnership or Corp.) 4420 N. Baldwin Avenue E1 Monte, California 91734 ress BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, an Page 4 That we, see attached bid bond , as Principal, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 19 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact By Principal Surety 0 9 0 NON- COLLUSION AFFIDAVIT �J Page 5 The bidders, by its officers.and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman.which is not.,processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the .facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Ii. el ey, resident BEN F. SMITH. INC. Subscribed and sworn to before me this / day of , 19: My commission expires: —� Notary Public OFFICIAL SEAL H. F. PAULSON NOTARY PUBLIC CALIFORNU PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Exp. Feb. 19, 198 _..._ • r .. STATEMENT OF FINANCIAL RESPONSIBILITY Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. Page 6 I n • i 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. Various Tilt up Buildings in Orange ointer., • i "t _ .. • • PR 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AND PARKS, BEACHES AND RECREATION DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK PPOPMA1 CONTRACT NO. 2053 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2053 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE I. Lump Sum Construct 4 handball courts, complete in place, for the lump sum price of Dollars and Cents $ 49,150.00 TOTAL PRICL: WRITTEN IN WORDS Forte Three Thousand and One Hundred Dollars and and Fiftv 100 /100 Cents $ 43,150.00 CONTRACTOR'S LICENSE NO. $$526 DATE Xa_y , 1 qZq_ _ 4420 N. Baldwin Avenue, E1 Monte, Galiiornia 91/j4 TBidder's Address BEN F. SMITH, INC. 213 - 444 -2543 Telephone Number sident r • INDUSTRIAL INDEMNITY COMPANY HOME OFFICE San Francisco, California SNOW ALL MEN BY THESE PRESENTS: That BEN F. SMITH,INC. I�nl� +rr,ln:. Ixnl:n+tini PROPOSAL OR BID BOND Bond No. YS758 -5496 Premium $ Included in B.B.S.U. (hereinafter called the Principal) as Principal, and Industrial Indemnity Company a corporation created and existing under the laws of the State of California with its principal office at Los Aneeles, Calif. (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH Public Works Department and Parks, Beaches 6 Recreation Department (hereinafter called the Obligee), in the full and just sum of Ten Percent (10 %) of the total amount bid in ----------- --------- -- ------- ------- - - - - -- Dollars ($ ------ -- - - --- ) good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal herein is submitting a proposal for Construction of four (4 ) Handball Courts in West Newport Park. Bid date: May 1, 1979. Now, Therefore, if the bid or proposal of said Principal shall be accepted, and the contract for such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter into a contract for the completion of said work and furnish bonds as required by law, then this obli- gation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated this 23rd. _lay. of . April_ BEN F. SMITH, INC. - By Principal � tY001 R1 (9/72) A w A a K w• x 0 m 0 T T n m .... 0 z m o a 0 P State of California On April 23, 1979 , before me, the undersigned, ss. .a Notary Public of said county and state, personally appeared County of Los Angeles Almeda G. Pfleeger known to me to be the Attorney -in -Fact of INDUSTRIAL INDEMNITY COMPANY Onnnmum ,nnnninmrnnnmxurn,mnmmCFFFFICIAL SEAL J. F. TESNO LIDEK pp NOTARY PUBLIC CALIFORNIA _ b PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commis6lon Expires March 13, 1981 umnunn, I Y060 R4 i9112i the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. NOTARY PUBLIC 1 .6.- . . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AND • PARKS, BEACHES AND RECREATION DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK Approved by the City Council this 26th day of March, 1979. /; L.• --+_ ,J � �..� SLR DGris George, City Clerk CONTRACT NO. 2053 SUBMITTED BY: Contractor ' Address Civ Zip -714- �`tl -4ZZ Phone `- Total Bid CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AND PARKS, BEACHES AND RECREATION DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF HANDBALL COURTS IN WEST NEWPORT PARK DLMD(1 81 CONTRACT NO. 2053 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 of I The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2053 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: UNIT PRICE WRITTEN IN WORDS 1. Lump Sum Construct 4 handball courts, complete in place, for the lump sum price of Dollars ts TOTAL. PRICE WRITTEN IN WORDS I" 49 qe= Bidder's Address (Telephone Number 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. 1. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 272 5153 Classification R Accompanying this proposal is (Cash, Certified ec k, Cashier's Check or on 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 workers' 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. 4- 427-�+2w one Number 5 -I -79 Authorized Signature Ww.v Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: 0 0 • DESIGNATION OF SUBCONTRACTORS Page 3 The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Subcontractor Address ICo.(oal/' 13072 4Vso Bidder's Ube V V— Authorized ature Type of Organization (Individual, Co- partnership or Corp.) ect -V • BOND Jt9SM 551 27 A =! •dir C+s :espcnonce go _ . Al. BAyRM —: Page 4 685 CSSMndelot St- Los Angeies, Cstitornia 50057 (213) 383.2168 BIDDER'S 8 # TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, D W CONTRACTTNC , as Principal, and AMERICAN MOTORISTS INSURNACE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of SIX THOUSAND AND N01100 Dollars ($ 6,000.00 ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of HANDBALL COURTS IN WEST NEWPORT PARK C#2053 MAY 1, 1979 i 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 94= day of APRIL , 19 79 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact AMERICAN MOTORTSTS TNgURANCT rnMPANY Surety By te l le STEPHEN C KOLB, ATTORNEY IN FACT " "" Page 5 NON - COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any.other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver.to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this / ir day of 194 My commission expires: /Mlly i9 /?a/ OFFICIAL BFJLL STEVEN M. BROWN NOTARY PUBLIC• CALIFORNIA 0 PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires May 19, UK i _ ' .Lr MMPA,T r - r _ �.�N STATEMENT OF FINANCIAL RESPONSIBILITY Page 6 Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. 0 _ ; __ - � � . � • ;: ;, ..... ESN dam* .': x .: ym'-,' .A.a...� 4.._�:.�i�- cYx�iC$ST$rl I "I ;, ..... ESN dam* .': x .: ym'-,' .A.a...� 4.._�:.�i�- cYx�iC$ST$rl I "I 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. n. 1 f i^ i. n _ ,/J- —Z cZ2- n> O 497- 33/1 igne . � � �.,. , p r .. �4eFa�. � - .x..�L'i$�im_YyCC�� c •• �:'!a[�Y3a2�.nrc:. � 6Y.I�.T.S� —,�'e �.G��n.:..�.V ��'� wL'�.3�'t i STATE OF CALIFORNIA 1 ss. COUNTY OF LOS ANGELES) J. M. LEMANTINE NDTAF.Y FUTPC - CALIFORNIA PAIN1PAL OFFICE IN LOS ANGELES COUNTY Commission Exp. Aug 2. 1982 ON APR 2 4 1979 19 —, before me a Notary Public in and for said State, personally appeared Stephen C. Kolb known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. Notary Public AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 c POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint .. • •.. Stephen C. Kolb, Mary M. Sullivan, and James H. Restrick of Los Angeles, California its true and lawful agent(s) and attorney(s) -in -fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1980, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any Time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these pieseols shall be as binding upon Ihe said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1980 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true anddccurale copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, Ihal Ihe Plesidenl 01 any Vlte Pnoldenl u1' Setrelary 01 any Asslslanl Se,,elm,, 'hall have power and aulhurin It, ,111' ptnni agents and anorneys in 1e1 I, and Ill aulhurlZe them lu exeCule on hehall of the company, alit] anddh Ihe wat of Ihe (ontpant Ihewlu, bondl dnd nlldelldkings, recognizance s. Cuniracis 111 Indonvalr and I111VI w1'lllltg3 nbllg,alll'y 111 Ihe 11.0011' Ihelenl. and .m wth ulliter ul Ihe eulnpdny nlay dppuinl dgenb I01 auopldn(e' of pruce's .. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the fulluwing resolution adopted by The Board of Directors of the company at a meeting duly called and held on Ihe 22nd day of May, 1963: . VOTED 111,1 Its, slgnallule of 111c Pre'Itlelll, Illy VIdL' Presldenl. Setrelary u. A »bunt Sotn•Id,y, and Ilse Seal u1 Ihe C -om pollt, .lilt ill, ' lPrlll l(JIIUII h} all) Se(relary or Assislanl Setrelary, j mbe. dliAcd by lat'Intlle (M ant 1)11:Te, J antmwy exoull( 11 put >uanl to rexlluhon ddopled by Ihe Boa,d of Diiec'.lurs on ,'stay 16. 1902. and any xlth ptmul v, eeetowd, 'ealed and cuddled e�nh re>peo to any bond of undcrlaking to which it is ana(he'd. shall eunlinue to be yalld and hmthng elpuu the Company ". In Testimony Whereof, the American Motorists Insurance Company has caused this instrument lu be signed and Nis corporate seal to be affixed by its authorized officers, This .._22nd day of ._JZt110.- .__........_- _...__ -, 19._78 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By C C. awdn, Se< Platy li. t. I:ennlcurr. j1'., Vice Nnnldrnl STATE OF ILLINOIS ss COUNTY OF McHENRY 1 1, Jo Anne Krein, a Notary Public, do hereby certify that H. L. Kennicoll Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the Stale of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being Ihereunlo duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth My commission expires: March 21, 1982 V Io Anne Krum, .q,ndry Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby (vi lily that the attached Power ut Altornet dated - L *]Q _22, 1978 — �._.onbehalf ofStephen...C. - Kolb, _Mara7_.R SulliYan_ and._.Iames H,_.Bestrick of._)�QS_ Lngeles.- _CA.. -. is a true and correct copy and that the same has been in full force and effect since the date thereof and is in lull force and effect on the date of this cemlicale: and I do further certify that the said H. L. Kennicoll, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of Ihe execution of the attached Power of Atlontey the duly elected Vice President and Secretary of Ihe American Motorists Insurance Company, IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this__ .- -day of— ApR -4-1W-9_ , 19.—. �J \11'110 hlLlnson seu(•Ier. This Power of Atlornef, limits the acts of those named therein to the bonds and underlakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. 1'a Hv, , 1'NiV RESOLUTION NO. 9553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO BEN F. SMITH, INC., IN CONNECTION WITH THE CONSTRUC- TION OF HANDBALL COURTS IN WEST NEWPORT PARK (C -2053) WHEREAS, pursuant to the notice inviting bids for work in connection with the construction of handball courts in West Newport Park, in connection with the plans and specifications heretofore adopted, bids were received on the 1st day of May, 1979, and publicly opened and declared; and WHEREAS, it appears that thelowest responsibld bidder therefor is BEN F. SMITH, INC., NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of BEN F. SMITH, INC., in the amount of $43,150.00 in connection with the construction of handball courts in West Newport Park be accepted, and that the contract for the described work be awarded to said bidder; and 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 14th day of City Clerk ATTEST: , 1979. City Clerk kb 5/7/79