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Home My WebLink AboutC-2278 - Grand Canal Bulkhead SealantMarch 15, 1982 ID CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 AA -1 Painting Service Inc. 15117 Illinois Ave. Paramount, CA 90723 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Surety: Commercial Union Insurance Co. Bonds No.: CA 71164 -87 Project: Grand Canal Bulkhead Sealant Contract No.: The City Council on February 22, 1982 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice of Completion was recorded with the Orange County Recorders office on March 1, 1982, Reference No. 82- 070716. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, 1Tanda E. Andersen City Clerk WEA:lr cc: Public Works 3300 Newport Boulevard, Newport Beach P lease return to: City Clerk City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92663 -3884 Fn CONSIDERATION 82- 070716 Ex" rBCOrtMp rdi�Si ycr (W"r=wf Code 01M [-EXEMPT NOTICE OF COMPLETION PUBLIC WORKS -2?o PM 'I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on February 22, 1982 the Public Works project consisting of Grand Bulkhead Sealant (C -2278) on wnicti_ was the cone was the sure CITY OF 9 NEWPORT BEACH, � ChLiF. t MAR 121982 0, RECEIVED CITY CLERK I, the undersigned, say: MAR 1 '82 Los Angeles, CA 90057 CITY OF NEWPORT BEACH a4 r Pu lic Works Director VERIFICATION 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 February 25, 1982 at Newport Beach, California. i Publ c 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 February 22, 1982 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 February 25, 1982 at Newport Beach, California. City Clerk i CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 February 25, 1982 Lee A. Branch County,Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: OFFICE OF THE CITY CLERK (714) 640 -2251 Attached for recordation is Notice of Completion of Public Works project consisting of Grand Canal Bulkhead Sealant, Contract No. C -2278 on which AA -1 Plainting Service Inc, was the Contractor and Commercial Union Insurance Co. was the Surety. Please record and return to us. Sincerely, Wanda E. Andersen City Clerk WEM Ir attach. 3300 Newport Boulevard, Newport Beach i C - aa93 February 22, 1982 CITY COUNCIL AGENDA K ITEM NO. — 11 'N C TO: CITY COUNCIL Q8 FROM: Public Works Department COUNCIL azy. i1._ 1, ,',,70AT NBAC,H SUBJECT: ACCEPTANCE OF GRAND CANAL BULKHEAD SEALANT (CONTRACT NO. 2278) 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 the Notice of Completion has been filed. DISCUSSION: The contract for the sealing of the Grand Canal bulkheads has been completed to the satisfaction of the Public Works Department. The bid price was $19,533.85 Amount of unit price items constructed 19,533.85 Amount of change orders None Total contract cost 19,533.85 Funds were budgeted in the General Fund The design engineering was performed by the Public Works Department. The contractor is AA -1 Painting Service, Inc. of Paramount. The contract date of completion was October 28, 1981. The contractor was delayed by inclement weather, with the work being completed November 10, 1982. a-,� �'' J� Benjamin B. Nolan Public Works Director GPD:em DATE Oct. 13 y 1981 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: City Clerk SUBJECT: Contract No. C -2278 Description of Contract Grand Bulkhead Sealant Effective date of Contract Authorized by Resolution No. 11054 r adopted on Sept. 28, 1981 Contract with AA -1 Painting Service Inc. Address 15117 Illinois Paramount, CA 90723 Amount of Contract$ 19,533.85 /s/ Wanda E. Andersen WANDA E. ANDERSEN City Clerk City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 5 -81 "I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for.Workers' Compensation or to undertake self- insurance before commencing any of the work." 10/2/81 Date S ature D.L. J WSTON, PRESIDENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL BULKHEAD SEALANT CONTRACT NO. 2278 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PR1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2278 in accordance with the Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place to wit: rift, 1. 29,155 Seal concrete bulkhead Square Feet PRICE @ NO Dollars and SIXTY -SEVEN Cents $ .67 $IgoU3_RS Per Square Foot TOTAL PRICE WRITTEN IN WORDS: NINETEEN THOUSAND FIVE HUNDRED THIRTY -THR Dollars and ETrHTY -FTVF Cents $ 1Q- 533_R5 Contractor s Lic. No. & assi ication 15117 ILLINOIS AVENUE PARAMOUNT, CALIFORNIA 90723 Bidders Address AA -1 PAINTING SERVICE INC. Bidder�.� 1/0 s IOHIGSTPRE NT Authorized Signature /Title 213 - 979 -0671 979 -0672 Bidder's Telephone Number 0 INSTRUCTIONS TO BIDDERS • Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner.. For so- ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. 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, of the California Labor Code for all apprenticeable occupations. 202848 C -33 AA -1 PAINTING SERVICE INC. Contr's Lic. No. & Classification Bidder SEPTEMBER 9TH, 1981 S'D. L. JO STON, PRESIDENT Date Authorized Signature /Title Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address NONE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. AA -1 PAINTING SERVICE INC. /dd STO)-N, S/ D L. JO PRESIDENT Authorized Signature Tit e OOR ORIGINAL SEE CITY CLERK'S OE COPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, AM Painting Service. Inc. , as bidder, and Cpmmerrial Union Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 10% of bid Dollars ($ - -10 % -- ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Grand Canal Bulkhead Sealant 2278 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 8th day Of September 19$,1• AA -1 PAINTING SERVICE INC. Bidder (Attach acknowledgement of /r Attorney -in -Fact) S/ D. L. JOHNSTON, PRESIDENT ELLEN H. OSHIRO, NOTARY PUBLIC Authorized Signature /Title COMMISSION EXP. MARCH 29 1985 COMMERCIAL UNION INSURANCE COMPANY Surety By S /K. BOURQUE Title Attorney -In -Fact 0 • Page 5 NON- COLLUSION AFFIDAVIT The bidder, 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 arrange- ment or agreement 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 agreement 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 bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever 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. AA -1 PAINTING SERVICE INC. Bidder Authorized Signature /Title Subscribed and sworn to before me this 9TH day of SEPTEMBER , 19 81. My commission expires: OCTOBER 29, 1981 S /DORA K. HOVIVIAN Notary Public ORIGINAL SEE CITY CLERK'S FISOPY STATEMENT OF FINANCIAL RESPONSIBILITY Page 6 The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. AA -1 PAINTING SERVICE INC. idder St Authorized Signature T' ff Fe 9 • 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. AQUATORIUM AA -1 PAINTING SERVICE INC Bidder ut orize Signature i e i � ^ _ , _� _. 3 _ F K __ • �' I - .-� ' -� w - -�� Newport Beach; WHEREAS, said Principal has ezecuted.or is.about.to` execute said contract and the =i terms thereof require' -the furn #shirrcj '04 ond,_with said contract, providing that if E said Principal or.-any of his or its subcontractors, shall'.faii to pay for any materials, provisions, provender, or other suppijts-.or.teams.used in, upon, .;for, or about the per- formance, of- the:work agreed to be: done, or for any work or.labow done thereon of any kind; the Surety on this'bond will pay the same to the extent hereinafter `set forth: NOW, THEREFORE, We Aw-i 'F"dintin; Service,_ Inca as Pri nci pal,* and union inariranre Cnmphny as Surety, are held. ;firmly bound unto the City of Newport :Beach; in the sum of NinwtRen "TheiaAnd Fa nndred -Tl,t 'L$5( lars -- 4 A Ztx :�liirs— jlwd said sum being one -half of° the. esti mated .amount payable by the City of -Newport Beach j under the terms of the contract, for which payment welI.. 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:OBLMTION IS SUCH, that if the above bounden Principal' or his subcontractors, fail'to pay for.any materiaTs provisions, provender, or other suppli:es.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;ae. labor, that the Surety or Sureties wilT.pay for the. same; 'in an amount not'exceeding the sum specified in the bond; and also,, in case, suit is bro49ht: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_alI persons corporation's entitl'ed:to file claims 600r:Seettoii :3181 of the:CaI so as to give _a right:_of� act on to them or #ietr assn ,. 4rt sC Page. g e _.. Yl4€N1 6ON # . ead Ao -. CA 71164 -87- -Pto talk•. $234. Eaaeutd_ in 4 Copies KNOW ALL MEN BY THESE PRESENTS, That : WHEREAS, the City Coun €ia.of the''City;of Newport Beach, State of California, by motion adopted SEPTE� 18.A Al has awarded to AA- PAINTING SERVICE INC. hereinafter designated as-the (C -227$) °Principal ",'a contract for GRAND CANAL.BULKHEAD SEALANT and.Specifications in the City of Newport.,Beach,.in strict conformity.with the Drawings and other contract documents' -on file i'n'tiie.office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has ezecuted.or is.about.to` execute said contract and the =i terms thereof require' -the furn #shirrcj '04 ond,_with said contract, providing that if E said Principal or.-any of his or its subcontractors, shall'.faii to pay for any materials, provisions, provender, or other suppijts-.or.teams.used in, upon, .;for, or about the per- formance, of- the:work agreed to be: done, or for any work or.labow done thereon of any kind; the Surety on this'bond will pay the same to the extent hereinafter `set forth: NOW, THEREFORE, We Aw-i 'F"dintin; Service,_ Inca as Pri nci pal,* and union inariranre Cnmphny as Surety, are held. ;firmly bound unto the City of Newport :Beach; in the sum of NinwtRen "TheiaAnd Fa nndred -Tl,t 'L$5( lars -- 4 A Ztx :�liirs— jlwd said sum being one -half of° the. esti mated .amount payable by the City of -Newport Beach j under the terms of the contract, for which payment welI.. 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:OBLMTION IS SUCH, that if the above bounden Principal' or his subcontractors, fail'to pay for.any materiaTs provisions, provender, or other suppli:es.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;ae. labor, that the Surety or Sureties wilT.pay for the. same; 'in an amount not'exceeding the sum specified in the bond; and also,, in case, suit is bro49ht: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_alI persons corporation's entitl'ed:to file claims 600r:Seettoii :3181 of the:CaI so as to give _a right:_of� act on to them or #ietr assn ,. 4rt sC _: _,. ;: :::: �� . �. i r :, € _ ,.:.. , , � ,_. .. .. .:: i ' _ ,i I I _ -#- � �. VCi _ ��fi .'t'L s?4'..:". _ •_•A- t..', .T-:A .`T.{� � �.� - _rY.iyCe -�. �t � .�. ¢��'X._t�w page: 11 €RITHFJIL PERFORMANCE BOND Boa& No. Q& 71164 -87 Premium: 2ncluded. KNOW ALL MEN BY THESE PRESENTS, That - Executed in 4 Copies WHEREAS, the City Council of the City of Newport Beach., State of California, by motion adopted SFDtFNR6R 4R lAR1 , has 'awarded to AA =1 pAINTINC SERVICE INC hereinafter designated as the "Pri.ncipal ", a contract for; GRAND :AN Bi kw dp SEALANT-(C4278)_ in the City of Newport Beach; in strict conformity, with the Drawings and Specifications and other contract dorUmehts 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-:0 a bond for. the fai.thful.performance of said contract;: NOW, THEREFORE, Wet •1._y Fsi 4 n%4"k 9 ref ww, Tnn as principal, and Rn1nn TnAi,rwnnNk rnmjjAny as Surety, are held and firmly.bound.unto:the'City of Newport `Beach, in the sum of A V4 Au d— +A -+ThjF R- S %11Q011ars J$ �j0�43�_RS %, .. said sum .being equal. to 100% o€ the estimated amount of th e contract, to be paid to the +said City or its certain attorney, its'successors, and assigns; for which payment well. and truly to be ir, we bind ourselves, our heirs ,.executors and administrators, ' successors or ass igns,.jointly and severally., firmly by these presents. ..THE )CONDITION OF -THIS OBLIGATION IS SUCH,, that if theabove bounden Principal, his or: its heirs, , executors; administrator, �successors,.or assigns.,;shall in all thins stand to andabide g 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 obli-ption 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 perforated. thereunder or, to. the Scifications accompanying the "same shall in any verse affect its ob }igations On ' 14-_b6 and rt does hereby waive tirotice I .;: � : ' _ 1 � �f h 1 ' ' �\ ` V /� _ +� 4n.' I\ F..'Y: ' ' .T'. � t _O .. ... /�. -"r- � _ .. -�� .:: Gp.. .. '.. � : �. _..' .:. '. Jul ". ' L" Y C Y 1 'L�—t � °"'X.�'�Y. a �� -��T +� 4n.' -1 Y T. J. �'v�L.�"S� 'Y.� �JJ,�� 2„�:�� — �� "S 4a ^�i14. �. .. �s �WER OF ATTORN&Y KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COMPANY. a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its rincipal office in the City of Boston, Massachusetts. hash made, constituted and appointed, and does by these presents make and constitute and appoint arleS H. Thompson, Arthur J. R00he, Carl Melikian, Norman E. Grattan, Jr, and K. Bourque all of Los Angeles California and each of them its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty- seventh day of July, 1972: Resolved: That the President, or any Vico-President, or any Assistant Vice- President, may execute for and in behalf of the company a ny and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vice - President, or Assistant Vice - President, may appoint and authorize an Attomey -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice - President, or any Assistant Vice - President, may at any time remove, any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -Fact. Resolved: That Attorneys -in -Fact maybe given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys -in -Fact are hereby authorized to verity any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by -laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys -in -Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty- seventh day of July, 1972: "Resolved: That the signature of the President, or any Vice- President, or any Assistant Vice - President, and the signature of the Secretary or anv Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys -in -Fact for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by its V ice - President end its corporate seal to be hereto affixed, duly attested by its Secretary on this 30th day of June 19 81 ,r. sera �i - COMMERCIAL UNION INSURANCE COMPANY Attest: y/ By Raymond M. eforelary John M. Garrett — Vice - President COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS. On this 30th day of June 19 gl , before me personally came John M. Garrett, Vice - President, and Raymond M. Defossez, Secretary of the COMMERCIAL UNION INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. 1..„...Q.,..... "{ Y'. o PU8 LiC JoseA H. Dinan, Jr. — Notary Public Q +i�a✓i�1�•, (My Commission expires February 11, 1988) CERTIFICATE 1, the undersigned. Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation. do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the power of attorney are now in force. Signed and sealed at the City of Boston. Dated this 2 day of October 19 81 oe .J \ .... ....G +.,. +oases, Andrejs J. Gross — Assistant Secretary C60903 -9 &et 0 fJ J w tai �r j • -- described Public.work:. U Z O H s rr s n z 0 it r M O O 3 M Z • 19 is _t-- day'of hereinafter ''ntractodtF+- .ereinafter °Co sed for bids for the following 2278 . Contract No. t e o ro ect the lowest responsir by City to ensation set {b) Contractor. has been -determined bid, and the comp laps and. ble bidder on said public- +riork, ar�d . forth in this contract,' .is based.upo(►_a careful examination of all p specifications by Contractor, NOW, TkIEREFOtI,'the parties.hereto agree as follows: 1, Contractor: shall l materials -and perform all of the work furnish al for the constru ction. the followin9.described public work; 2278 on Fr ac o. t.e o to ect described in the contract documents• Contractor which protect is more fully good and workmanlike manner, and in shicl, perfect and complete this .work in a 9 accordance with all of:the contract. docuWI, p rformaece and completion of this 2 . As. full cgensation for to Contractor the sum of NINETEEN T1i011SAND shall pay: S($ 8 e nature o t e work as.prescribed above;.City. r ass or gear sing rom . J nsatIon nc u es any unforeseen'diffisulties or obof an s co toss or damage aris4ng from``any incurred as a result of any (Tan (3) any. expense loss resulting from work:. but excludes any buns in the performance n the war City suspension or discontinuance of thes*ork,. earthquakes of a magnitudeoccurs prior to acceptanceioftthe work byd tidal wave 1 the obligations of City and Contractor and which loss or expense hts and obliga : rated 3. All of the respective rig The contract documents are incorpo are set forth in the contract documents: herein by reference as ty�ugh set out in. full and include the following:. {a). Notice Inviting Bids ferenced therein instruction to Bidders and. documents re �c) payment Bond c) nce Bond . {d) Faithful Performs e�rseRent(s) e)_ Certificate of Insurance and.. FIVE F • r i t 'S, ','i a� z F 3 r � � a �: �:_ i ri• a" P x n 3 S •' N � N N o ' 1 ° R�2 =' o r e{ O n� K m « n o b ' p c « z z z n o a c 3 v Z m A P N � 0 0 z o o p to p p 2 D O O 9 < S Z s ] n 4 p o a d a N i O p p C N 6 D F Z T Z � o p p p v Do S p 3 N ] o � F c � p n P S N O p � n _ y P o N O d O tai �r j • -- described Public.work:. U Z O H s rr s n z 0 it r M O O 3 M Z • 19 is _t-- day'of hereinafter ''ntractodtF+- .ereinafter °Co sed for bids for the following 2278 . Contract No. t e o ro ect the lowest responsir by City to ensation set {b) Contractor. has been -determined bid, and the comp laps and. ble bidder on said public- +riork, ar�d . forth in this contract,' .is based.upo(►_a careful examination of all p specifications by Contractor, NOW, TkIEREFOtI,'the parties.hereto agree as follows: 1, Contractor: shall l materials -and perform all of the work furnish al for the constru ction. the followin9.described public work; 2278 on Fr ac o. t.e o to ect described in the contract documents• Contractor which protect is more fully good and workmanlike manner, and in shicl, perfect and complete this .work in a 9 accordance with all of:the contract. docuWI, p rformaece and completion of this 2 . As. full cgensation for to Contractor the sum of NINETEEN T1i011SAND shall pay: S($ 8 e nature o t e work as.prescribed above;.City. r ass or gear sing rom . J nsatIon nc u es any unforeseen'diffisulties or obof an s co toss or damage aris4ng from``any incurred as a result of any (Tan (3) any. expense loss resulting from work:. but excludes any buns in the performance n the war City suspension or discontinuance of thes*ork,. earthquakes of a magnitudeoccurs prior to acceptanceioftthe work byd tidal wave 1 the obligations of City and Contractor and which loss or expense hts and obliga : rated 3. All of the respective rig The contract documents are incorpo are set forth in the contract documents: herein by reference as ty�ugh set out in. full and include the following:. {a). Notice Inviting Bids ferenced therein instruction to Bidders and. documents re �c) payment Bond c) nce Bond . {d) Faithful Performs e�rseRent(s) e)_ Certificate of Insurance and.. FIVE F 0 11 N This Contract. negt.l:gence:ofi Gtty.or its offieers.,:;employees and. representatives. • IN WITNESS Yh1ERE0F, fire partfes hereto have caused this contract to r be executed the day and vear.first above written_ e . • SP 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS GRAND CANAL BULKHEAD SEALANT CONTRACT NO. 2278 I. SCOPE OF WORK The work to be done under this contract includes preparation for and installation of sealant upon bulkheads of Grand Canal. The Contractor is required to schedule his hours of work to conform with tidal actions at the worksite. All work necessary for the completion of this contract shall be done in accor- dance with (1) these Special Provisions, (2) the City's Standard Special Provisions and Standard Drawin s for Public Works Construction (1980 Edition), and the tandard Speci ications or Pub is Works Construction (1979 Edition), including supplements to date. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. II. AWARD AND EXECUTION OF THE CONTRACT The bidder's attention is directed to the provisions of Section 2 -1 of the Standard Special Provisions for requirements and conditions concerning award and execution of the contract. III. TIME OF COMPLETION The Contractor shall complete all work on this contract within thirty (30) calendar days after award of contract by the City Council. IV. PAYMENT The unit price for items of work shown in the proposal shall be full compensation for labor, equipment, materials and all other things necessary to complete the work. V. PUBLIC CONVENIENCE AND SAFETY The Contractor shall provide street and sidewalk detours and barricades in accordance with Section 7 -10 of the Standard Special Provisions. VI. WATER The Contractor shall obtain and apply water necessary to perform the contract. If the Contractor desires to use City water free of charge, he shall make arrange- ments with the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 640 -2221. VII. CONSTRUCTION DETAILS A. General Bulkheads along Grand Canal were rehabilitated in three phases during the years 1978 -1980. The rehabilitation included the construction of bulkhead skirts and C. M 0 0 SP2of2 the reconstruction of copings, both with reinforced shotcrete. The shot crete was troweled, but not sealed. Privately owned platforms, steps, etc., were then reinstalled adjacent to the bulkhead. Performance of Work Work shall be performed in strict conformance with the recommendations of the sealant manufacturer and under continuous supervision of a competent foreman. Hours of work shall be coordinated with tidal actions at the work - site. Preparation Shotcrete surfaces shall be water and /or wet sand blasted clean and free of all foreign matter prior to application of sealant. Prepared surfaces which are subsequently immersed due to tidal or wave action shall be recleaned by water blast. Prepared surfaces shall then be allowed to dry for at least 30 minutes prior to application of sealant. The drying period is absolutely essential for the proper penetrating chemical reaction of the sealant upon the shotcrete. Surfaces which were not allowed to dry for at least 30 minutes prior to application of sealant shall be recleaned by water blast, if necessary, and resealed at the Contractor's sole expense. The Contractor shall utilize barriers approved by the Engineer to protect privately owned boats, platforms, steps, etc., from the blast preparation. The Contractor shall provide extra effort to insure that all shotcrete areas adjacent to the private platforms and steps are prepared and sealed in accordance with these special provisions. Application The Contractor shall apply sealant with sprayer. Dry spots which may appear on resprayed so that the entire surface is free alkali and excess sealant from all completely dried. Material a power or low pressure Hudson -type sprayed gunite surfaces shall be wet for 30 minutes. Flush or broom low spots after the sealant has Sealant shall be The Ashford Formula, as manufactured by Curecrete Chemical Company, and distributed by Martech Associates, 19836 Vintage Street, Chatsworth, California 91311; telephone (213) 993 -1163. Coverage Coverage shall be not more than 150 square feet per gallon of sealant. NORTH Fs P Q k PARK SOUTH (SPN NEWPORT J Z a U Z c� m AVE PW z 0 m a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL BULKHEAD SEALANT C -2278 0� \ P /LAST @ /O'tc—c -- EX/ST/NG 90'MLLW o EX /STING L/C,I/EAO '`� .EL.3.7MLLW TYPICAL SECTION COPING REPAIR N.l.'S. APPROVED PALIC WORKS DIRECTOR R.E. NO. DRAWING NO. 5092 C, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED • CERTIFICATE OF INSURANCE INSURANCE Company A Letter Company B Letter Company C Letter r D 9 Page 13 Industrial Indemnit a "r ,. PARAMOUNT, CALIFORNIA 90723 Letter J E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, thd•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: n /Xio��.u�e_ =,', Agency: James S. Kemper Insurance Services Authorized Representative '-w 10 / 15 / 81 Date Issue Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: GgANp HEAD SEALANT - NEWPORT BEACH Project Tit a an Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. 81 Policy LIMITS OF LIABILITY IN THOUS D (0 00) COMPANY TYPES OF INSURANCE Policy Exp. A g. ro ru c s LETTER COVERAGE REQUIRED No. Date Each Completed I Occurrence Operations GENERAL LIABILITY Bodily Injury $ $ x Comprehensive Form x Premises - Operations Property Damage $ $ Explosion & Collapse Hazard pY A234 02 A Underground Hazard x Products /Completed Operations 7 / 1 / 82 Bodily Injury Hazard and Property x Contractual Insurance• Damage Combined $ 500, $ 500, x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Personal Injury $ 500, Aviation AUTOMOTIVE LIABILITY (]x Comprehensive Form Bodily Injury $ PYA234 02 (Each Person A ❑x Owned 7/1/82 $ 50217 y njury Each Occurrence �x Hired ro ert ama e Bodily njury an ❑x Non -owned Property Damage Combined $ 500, EXCESS LIABILITY ® Umbrella Form m880823 Bodily Injury B ❑ Other than Umbrella Form /1/82 and Property Damage Combined $ 2,000, $2,000, WORKERS' COMPENSATION Statuto CJ 8424 25 kLach C EMPLOYER'S LIABILITY 0/1/8 2VIIIIIIIIA Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, thd•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: n /Xio��.u�e_ =,', Agency: James S. Kemper Insurance Services Authorized Representative '-w 10 / 15 / 81 Date Issue Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: GgANp HEAD SEALANT - NEWPORT BEACH Project Tit a an Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. 81 • • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( x) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence $ 500, 000 each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not.in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: GRAND EA - NEWPORT BEACH #2278 BUL Project ft SEALANT and Contract NO. . This endorsement is effective 10/15/81 at 12:01 A.M. and forms a part of Policy No. PYA234402 Named Insured AA -1 Painting Service, Inc. Endorsement No. Name of Insurance Company Royal Insurance Compan zea Keoresentative • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability; the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (,) Single Limit Bodily Injury Liability $ 500,000 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: G EACH 4977A Projec t e t an ontract No. This endorsement is effective 10/15/81 at 12:01 A.M. and forms a part of Policy No. PYA234402 Named Insured AA -1 Painting Service, Inc. Endorsement No. Name of Insurance Company Royal Insurance Co. By Authorized Representative � L • ORIGINAL 0 PR1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL BULKHEAD SEALANT CONTRACT NO. 2278 PROPOSAL 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 Instructions to Bidders, has examined the Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2278 in accordance with the Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN WORDS PRICE PRICE 29,155 Seal concrete bulkhead Square Feet @ NO Dollars and FVFN Cents $ .67 $19,533.85 Per Square oot TOTAL PRICE WRITTEN IN WORDS: and -E1GWX--FIVF Cents $ 19,533-85 Contractor's Lic. No. & C assification 15117 ILLINOIS AVENUE PARAMOUNT, CALIFORNIA 90723 A44 PAINTING SERVICE INC. Bidder zv, uthorized,�ign3ture /Title D.L. JO1NSTON,_ PRESIDENT Bidders Address 213- 979 -0671 979 -0672 Bidder's Telephone Number 0 INSTRUCTIONS TO BIDDERS . Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL. form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. 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. of the California Labor Code for all apprenticeable occupations. 202848 C -33 AA -1 PAINTING SERVICE INC. Contr's Lic. No. & Classification Bidder SEPTEMBER 9TH, 1981 a Date Authorized gnature /Title D.L. JOHNSTON, PRESIDENT i 0 • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 1. 2. 3. 4. 5. Ill 7. 8. 9. 10. 11. 12. AA -I PAINTING SERVICE INC. Bidder 2 Authorized Wi afure /Title D.L. JOFiJST , PRESIDENT • • Page 4 KNOW ALL MEN BY THESE PRESENTS, and BIDDER'S BOND That we, AA -1 Painting service, Inc. , as bidder, Commercial Union Insurance Company, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 0% of bid Dollars ($ --102 -- ) 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 bidder for the construction of Grand Canal Bulkhead Sealant 227a Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 8th _ day Of Sppremhpr , I9gl• AA -1 PAINTING SERVICE INC. Bidder (Attach acknowledgement of Attorney -in -Fact) Authorized 'gna ure /Title D.L. JOFNS ON, PRESIDENT COMMERCIAL UNION INSURANCE COMPANY Surety By . B o u Title Aito": In Fart r z v c W Z Y u R J a a r 0 z L, v w v O � w a 0 U W O y. h z a � 0 N V 6 L ° ° ? 3 c N O � ,y tl C C G ro r N P o S q 2 F L Q N ° w o Z O a � y � °c 0. w Z o a z z °a q a c � � a o a i R O o a i E °n o n � ° A � u _ N V i M G N 0 0 .a x 0 P E u 3 w µ 63n' aQ�g� w$ �K. 4�T� iw F H VWER OF ATTORN&Y KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION IN COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston, Massachusetts, hath made, constituted and appointed, and does by these presents make and constitute and appoint axles H. Thompson, Arthur J. ROChe, Carl Melikian, Norman E. Grattan, Jr. and K. Bourque all of Los Angeles California and each of them its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney- in- Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty- seventh day of July, 1972: Resolved: That the President, or any Vice- PTesident, or any Assistant Vice-President, may execute for and in behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vice - President, or Assistant Vice-President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice-Presidcnt, or any Assistant VicePresident, may at any time remove, any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -Fact. Resolved: That Attorneys -in -Fact maybe given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by -laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys -in -Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty- seventh day of July, 1972: "Resolved: That the signature of the President, or any Vice - President, or any Assistant Vice- President, and the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys -in -Fact for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presentsto be signed by its Vice - Presidentand its corporate seal to be hereto affixed, duly attested by its Secretary on this 30th day of June 19 el 4. i? tail COMMERCIAL UNION INSURANCE COMPANY \YYOi.AM��' Attest:ug !/ By s.>� Raymond M. efossez — Secretary John M. Garrett — Vice- President COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS. On this 30th day of June 19 81 , before me personally came John M. Garrett. Vice - President, and Raymond M. Defossez, Secretary of the COMMERCIAL UNION INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. !lY'PUeU Jo �a 't se H. Dinan, Jr. — Notary Public '.7rfJ'>t'' }a: i (MV Commission expires February 11, 1988) CERTIFICATE 1, the undersigned. Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that the foregoing power of attorney is in frill force and has not been revoked: and furthermore, that the Resolutions of the Board of Directors set forth in the power of attorney are now in force. Signed and sealed at the City of Boston. Dated this 8th day of September 19 81 \�Ye''l�x• / Andrejs J. Grots — Assistant Secretary G6090" 6-6t NON- COLLUSION AFFIDAVIT Page 5 The bidder, 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 arrange- ment or agreement 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 agreement 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 bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever 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. Subscrib��Hand sworn to before me this day of SEPTEMBER 19 81. My commission expires: OFFICE I SE L r; F- -Ff6b+b`Fkt�- c'..._': NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY 4 -3c on My comm. expires OCT 29, 1981 II AA -1 PAINTING SERVICE INC. Bidder 1 -- 'A`U6orVd Signature /Title D.L. JOHNSTON, PRESIDENT K - A42 -i� Notary Public • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. AA -1 PAINTING Bidder SERVICE INC. Authorized gna ure itle D.L. JOHNSTON, PRESIDENT r� LI 0 Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No 1981 STROMBERG & SONS. MIKE STROMBERG 213 426 -9373 JACOBSEN PILOT HOUSE 1981 CITY OF COMMERCE MR. GERALD FORD 213- 722 -4805 AQUATORIUM AA -1 PAINTING SERVICE INC. Bidder 4uthorized Si ture /Title D.L. JOHNSTOK, PRESIDENT cEP 281981 By fM C11Y COUNCIL H C1.0 of N w TO: CITY COUNCIL FROM: Public Works Department SUBJECT: GRAND CANAL BULKHEAD SEALANT (C -2278) RECOMMENDATION: September 28, 1981 CITY COUNCIL AGENDA ITEM NO.j— Z% > Adopt a resolution awarding Contract No. 2278 to AA -1 Painting Service, Inc., for $19,533,85 and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on September 9, 1981, the City Clerk opened and read the following bids for this project: Bidder Amount Bid AA -1 Painting Service, Inc. $19,533.85 Clayton Coatings, Inc. 34,227.97* *Corrected bid total The low bid is 5% below the Engineer's budget estimate of $20,500. The project provides for preparation for and application of a sealant which penetrates and reacts with the shotcrete bulkheads. The shotcrete then becomes waterproof, thereby preventing oxidation of reinforcement and progres- sive cracking of shotcrete. AA -1 is a well - qualified coatings contractor who has performed many contracts locally. AA -1 has performed satisfactorily as a subcontractor on a previous City project. Funds for this work are provided under budget No. 02- 4197 -136. Plans and specifications were prepared by the Public Works Department. Work should be 11 ompleted by October 28, 1980. !J. /ZZ.— Benjamin B. Nolan Public Works Director LD:jd RESOLUTION NO. 1:10-5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO AA -1 PAINTING SERVICE, INC. IN CONNECTION WITH THE GRAND CANAL BULKHEAD SEALANT (C -2278) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT WHEREAS, pursuant to the notice inviting bids for work in connection with painting service for the Grand Canal bulkhead sealant and the plans and specifications heretofore adopted, bids were received on the 9th day of September, 1981 at 11:00 a.m. and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is AA -1 PAINTING SERVICE, INC. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of AA -1 PAINTING SERVICE, INC. in the amount of $19,533.85 be accepted, and that the contract for the described work (Contract No. 2278) 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 28 day of September, 1981. ATTEST: City Clerk 9/28/81 pr Mayor THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, ss. County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: August 26, 1981 ............ ............................... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this26 day of August 81 bOA6 a Vfp Signature THE NEWPORT ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625. This space is for the County Clerk's Filing Stamp' n PUBLIC NOTICE Proof of Publication of GRAND CANAL BULKHEAD SEALANT CONTRACT NO. 2278 PROOF OF PUBLICATION -0 AUG )K1981 h " an coutoL Say OF Nit TO: CITY COUNCIL FROM: Public Works Department SUBJECT: GRAND CANAL BULKHEAD SEALANT (C -2278) RECOMMENDATIONS: L August 24, 1981 August -19: -3981 CITY COUNCIL AGENDA ITEM NO. F -11 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on September 9, 1981. DISCUSSION: Severely deteriorated bulkheads along Grand Canal were re- habilitated in three phases during the years 1978 -1980. The reha- bilitation included the construction of bulkhead skirts and the reconstruction of copings, both with reinforced shotcrete. The shot- crete was troweled, but not sealed. 1 -, ) To minimize the effect of the salt water environment on the shotcrete and its reinforcement, surfaces indicated on the attached sketch will be prepared for and sprayed with a sealant which penetrates and reacts chemically with the shotcrete. The shotcrete then becomes waterproof, thereby preventing oxidation of reinforcement and progres- sive cracking of shotcrete. Funds totaling $20,500 have been provided for this work under Budget No. 02- 4197 -136. Plans and specifications were prepared by the Public Works Department. Work should be completed by October 28, 1981. CSI G��t Benjamin B. Nolan Public Works Director LD:jd Att. YL NORTH PARK SOUTH T NEWPOT Z • Q U D Q c� LM ui AVE II _f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND LANAI. BULKHEAD SFAL_ANT G'T227E' lY / "• Z00' I 90'14M I awic.v +1 .; :..' • WALK P /LAST S ; : ULKNEAD @ /O'iC -c-- EXISTJNG l SANOL /NE I ' • I � '' � �EL..�7MLLYV TYPICAL SECTION COPING REPA /R DRAWN �d DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. _ DRAWING NO,