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HomeMy WebLinkAboutC-2289 - Oasis Parking Lot WestCITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92063 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 , October 1, 1982 IAN -CO of Etiwanda 12814 Foothill Blvd P.O. Box 381 Etiwanda, CA 91739 Subject: Surety Co.: Allied Fidelity Insurance Co. Bond No.: AC08613 Project: Oasis Parking Lot West Contract No.: C -2289 The City Council on September 13, 1982 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bond 35 days after the Notice has been recorded. The Notice was recorded with the Orange County Recorder on September 20, 1982; Reference No. 82- 331284. Please notify your surety company that the bond may be released 35 days after this recording date. Sincerely, Wanda E. Andersen City Clerk WEA:Ir cc: Public Works 3300 Newport Boulevard, Newport Beach please return to ly Clerk City of Newport Beach 3300 Newport Blvd. P.O. Box 1738 Newport Beach, CA 92663 -3884 No CQNSIDEMATIoN I 82- ??1284 Emro , &V,�l pe, 6we..nmh Gale 6103 EXEMPT C14 NOTICE OF COMPLETION PUBLIC WORKS Of ORANGE COUNTY, CALIFORMIA -400 PM 8020'82 EE A. BRANCH. Couh6 Rnrn,d. To All Laborers and Material Men and to Every Other Person Interested: I' YOU WILL PLEASE TAKE NOTICE that on September 13, 1982 the Public Works project consisting of Oasis Parking Lot West (C -2289) on which IAN -CO of Etiwanda, 12814 Foothill Blvd, P.C. Box 381 Etiwanda CA 91739 was the contractor, and Allied Fidelity Insurance, Co. was the surety, was completed. VERIFICATION 1, the undersigned, say: CIT OF NEWPORT BEACH Publi 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 15, 1982 at Newport Beach. California. �» is or s 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 13. 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 September 15, 1982 � at Newport Beach, California. City Clerk • CITY OF NEWPORT LEACH September 15, 1982 P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: OFFICE OF THE CITY CLERK (714) 640 -2251 Enclosed for recordation are two Notices of Completion of Public Works projects consisting of: 1) Oasis Parking Lot West, Contract No. C -2289 on which IAN -CO was the Contractor and Allied Fidelity Insurance, Co. was the Surety. 2) North Newport Blvd. drainage improvements at Orange Ave. & Hospital Road, Contract No. C -2124 on which Gillespie Construction was the Contractor and Balboa Insurance Co. was the Surety. Please record both and return to us. Sincerely, Wanda E. Andersen City Clerk WEA:lr encs. 3300 Newport Boulevard, Newport Beach • 0 September 13, 1982 CITY COUNCIL AGENDA ITEM NO. F— / 2—... TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF OASIS PARKING LOT WEST (C -2289) RECOMMENDATIONS: DISCUSSION: SEP 13 1982 r yy �OF � C11 YYCUUiVCIL ry 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. The contract for the construction of the Oasis Parking Lot West has been completed to the satisfaction of the Public Works Department. The bid price was $38,933.55 Amount of unit price items constructed 39,468.68 Amount of change orders 674.41 Total contract cost 40,143.09 Funds were budgeted in Park and Recreation fund. The contractor was requested to hydroseed additional areas around the perimeter of the project, resulting in the increase in the cost of unit price items. One change order was issued. This provided for grading and paving of asphalt down drains from the driveway area to the roadside ditch. The design engineering was performed by Jack P. Norris, Consulting Civil Engineer of Santa Ana. The contractor is IAN -CO of Etiwanda, California. The contract date of completion was August 27, 1982. The work completed by August 2, 1982. Benjamin B. Nolan Public Works Director GPD:rb a CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 DATE: July 12, 1982 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: City Clerk SUBJECT: Contract No. 2289 Description of Contract Oasis Parking Lot West Effective date of Contract July 12, 1982 Authorized by Resolution No. Min.Act, adopted on 6/28/82 Contract with TAN -Co Address 12814 Foothill Blvd. (P.O. Box 381) Etiwanda, CA 91739 Amount of Contract $38,933.55 Wanda E. Andersen City Clerk WEA : jr City Hall, • 3300 Newport Boulevard, Newport Beach, California 92663 0 TO: CITY CLERK FROM: Public Works Department SUBJECT: OASIS PARKING LOT WEST, C -2289 i July 9, 1982 Attached are three- copies of the subject contract documents. Please have executed on behalf of the City, retain your copy and the insurance certificates and return the remaining lopies to our department. �qk-' Lloyd R. Dalton Design Engineer LRD:em Att. CITY .CLERK r x of ' R _ W i r i r '- 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OASIS PARKING LOT WEST CONTRACT NO. 2289 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: 0 as>. The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2289 in accordance with the Plans and 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 IN WORDS PRICE PRICE 1. 470 Lineal Feet 2. 183 Lineal Feet CONST. TYPE "B" PCC CURB ONLY (6 "CF) PER STD -182 -L @ Seven Dollars and Eighteen Cents $ 7.18 S 3,374.60 Per Lineal Foot CONST. TYPE "A" PCC CURB & GUTTER (6 "CF) PER STD -182 -L RX Dollars and Sixty -five Cents Per Lineal Foot 3. 22 CONST. TYPE "E" AC CURB PER STD -183 -L Lineal Feet S 9.65 $ 1,765.95 @ Twenty -three Dollars and No Cents $ 23.00 $ 506.00 Per Lineal Foot ITEM QUANTITY ITEM DESCRIPTION UNIT xUrAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 26327 CONST. 4.5 "AC /O "AB or 2.5 "AC /4 "AB Sauare Feet PAVEMENT @ No Dollars and Seventy -five Cents S 0.75 $ 19,745.25 Per Square Foot s. 323 CONST. 3" AC/ 0" AB TEMPORARY PAVEMENT Square Feet @ No Dollars and Sixty- five Cents S 0.65 $ 209.95 Per Sauare Foot 6. Lump Sum APPLY 4" WIDE PAINT STRIPING @ Two Hundred. Forty Dollars and No Cents S 240.OD S 240.00 Lump Sum 7. Lump Stun APPLY HYDROSEED @ One Thousand Three Hundred Fifty Dollars and No Cents $1.350.00 $ 1'.3-so-no Lump Stun 8. 380 CONST. 4" PCC WALK Square Feet @ Two Dollars and Six Cents S 2.06 $ 782.80 Per Square Foot 9. 1 CONST. 3" AC TEMPORARY DOWNDRAIN Each @ Four Hundred Sixty Dollars and No Cents $ 460.00 S 460.00 Each 1.0. Lu[np Stmt PLACE GRAVEL BAGS @ Two Hundred Seventy -five Dollars and No Cents S 275.On $ 275 nn Lump Stns Ll Lump Sum TOTAL PRICE WRITTEN IN WORDS INCLUDING ADDITIONAL BID ITEM: Thirty -eight Thousand Nine Hundred Thirty -three Dollars and Fifty -five Cents $ 38,933.55 Contractor's License No. 357442 C1asS A Date June 15, 1982 IAN -CO q _ (Bidder's Name) ,L,," . S /Ian Nascimento, Owner (Authorized signature /Title) Bidder's Address 12814 Foothill Blvd. (P.O. Box 381), Etiwanda. CA 91739 Bidder's Telephone No. (714) 899 -2477 PR lc 1,11D1 QUANTITY ITEM DESCRIPTION UNIT I'OTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE. 11. 5200 EXCAVATION AND STOCKPILE FILL Cubic Yards @ One Dollars and Eighty -seven Cents S 1.87 $9,724.00 Per Cubic Yard 12. Lu[TP Sum CLEAR AND GRUB @ Five Hundred Dollars and No Cents $ 500.00 g 500.00 Lump Sum TOTAL PRICE WRITTEN IN WORDS INCLUDING ADDITIONAL BID ITEM: Thirty -eight Thousand Nine Hundred Thirty -three Dollars and Fifty -five Cents $ 38,933.55 Contractor's License No. 357442 C1asS A Date June 15, 1982 IAN -CO q _ (Bidder's Name) ,L,," . S /Ian Nascimento, Owner (Authorized signature /Title) Bidder's Address 12814 Foothill Blvd. (P.O. Box 381), Etiwanda. CA 91739 Bidder's Telephone No. (714) 899 -2477 i • . Page 2 INSTRUCTIONS TO BIDDERS 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 1777.5 of the California Labor Code for all apprenticeable occupations. 357442 Class A Contr's Lic. No. & Classification June 15, 1982 Date IAN -CO Bidder "o S /Ian Nascimento, Owner Authorized Signature /Title • Page 3 DESIGNATION OF SUBCONTRACTORS) 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 I . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. IAN -CO Bidder S /Ian Nascimento, Owner Authorized Signature Title OOR ORIGINAL SEE CITY CLERK'S A COPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, IAN -CO , as bidder, and ALLIED FIDELITY INSURANCE CO. , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent not to exceed Five Thousand Five Hundred and No /100 Dollars ($5,500.00 ), 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 bidder for the construction of OASIS PARKING LOT WEST 2289 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 15th day of June , 19 82. (Attach acknowledgement of Attorney -in -Fact) Laurie B. Epner Notary Public Commission expires March 9, 1984. IAN -CO Bidder S /Ian Nascimento. Owner Authorized Signature /Title ALLIED FIDELITY INSURANCE CO. Surety By S /Neal L. Witt Title Attorney -in -Fact • a 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. Subscribed and sworn to before me this 15th day of June , 1982. My commission expires: August 16, 1985. IAN -CO S /IAN NASCIMENTO, OWNER Authorized Signature /Title S /Connie. L. Johnson Notary Public Page 6 OR ORIGINAL SEE CITY CLERK'S F* COPY 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. On file with City Clerk. IAN -CO S /Ian Nascimento, Owner Authorized Signature /Title • 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 In Progress Marriott Corporation Ken Baker (714) 975 -1291 1981 Kasler Corporation Jack Cowan (714) 884 -4811 1981 Jon Carrigan Inc Jon Carrigan (714) 621 -5002 1980 Rossmoor Corporation L H Davis (714) 837 -2020 IAN -CO Bidder S /Ian Nascimento, Owner Authorized Signature /Title 0 0 NOTICE Page 8 The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Ratin Guide: Property- Casualty. Coverages shall be provide for a TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edi- tion adopted for use in the City of Newport Beach T, except as supplemented or modified by the Special Provisions for this project. .�.. � .. ;•�L.�v^I.sT ..y .L::I V .. :Y Sa'Gi�.. ': d'L. .. C ..... _.. � :..... � 5,�...,, � >�': .. �..'�...�.. ..� ... PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That • Page 9 Bond No. AC08613 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 28 1982, has awarded to IAN -00 hereinafter designated as the "Principal ", a contract for OASIS PARKING LOT WEST (C -2289) 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 IAN -CO. as Principal, and ALLIED FIDELITY INSURANCE CO. as Surety, are held firmly bound unto the City of Newport Beach, in the sum of NINETEEN THOUSAND FOUR HUNDRED SIXTY SIX AND 78 /100ths ----- eollars ($ 19,466.78 ) 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 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon 0 0 Payment Bond (Continued) Page 10 this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the Ztt, day of ,1111y , 19`gZ-. a Approved as to form: Y City Attorney IAN -CO. (Seal) Name of Contractor Principal A rued ignat Signature and �Title Authorized ignature and Title ALLIED FIDELITY INSURANCE CO. (Seal) Name of Surety 1900 E. La Palma, Anaheim, Ca Ad of Surety d y Sig tune an T e of Authorized gent JANE KEPNER, Attorney -in -fact 1900 E La Palma, Anaheim, Ca dress of Agent (714) 999 -1333 Telephone No. of Agent k \ m 2 Op § f M.- �:)g; \k)�§ m+m0 >S2 g, =;Ec§ - f ±g-_ s� �7Eti ?;3[i§ J ® �§§g - L E 32� � �k }§f / §�22 —�n�4 § - � t �w ƒ 2 § ir| 02 o 2 I*M " ■ E }�| » �•, ■, ■ 2 a �. § ƒ�I�| �w� W| eb §�IW ©E2«a| es .0 § to �m2 {! f C ei Cl 9 9E »}| n _. 9 ( � � } 0" 0 2 )\ q G/ mz - • . Page 11 Bond No AC08613 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 28. 1982 has awarded to IAN -CO hereinafter designated as the "Principal ", a contract for OASIS PARKING LOT WEST (C -2289) 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, IAN -CO. as Principal, and ALLIED FIDELITY INSURANCE CO. as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of THIRTY EIGHT THOUSAND NINE HUNDRED THIRTY THREE & 55!100 Dollars ($ 38,933.55 )> 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 -- ._..._. , .. 'i t Faithful Performance Bond (Continued) Page 12 of any such change, extension of time, alte. s or additions to the terms of the contract or to the work or to the specifi ns. 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 7th day of JULY 19 82 IAN -CO. (Seal) Name of Contractor (Principal) Z" A40W14 a orized igna ure and Title � Authorized Signature and Title ALLIED FIDELITY INSURANCE CO. (Seall Name of Surety P Anaheim. Calif 92805 ddress of Surety SigMature and it a of Authorized Agent Approved as to form- 1900 1900 E. La Palma, Anaheim, Calif 92805 Address of Agent 66City` ttorney (74) 999 -1333 Telephone No. of Agent k / m m m V , 3' >S4 9 §_ f 9. gOR 9, 10. |: q pm n °[b.3 \\ } )} ƒBJQ U �p ƒ ef $nom, M ■� ©0E- E�! @ »f 2§� � ^sinE || �§RR ■| §�,.�A• �• —.n!] Im (b 0 co rI!t ;■E;2`! |E SE#2F ƒ -aEIP c�? gam, § s En_i ALLIED FIGELITY INSURANCIVO. A c N 0 6320 North Rucker Road Indianapolis, Indiana 46220 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That this Power -of- Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF-THE ATTORNEY -IN -FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * FOUR HUNDRED THOUW0 DOLLARS * * * USE OF MORE THAN ONE POWER VOIDS THE BOND ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its principal office in the City of Indianapolis, State of Indiana, does hereby make, constitute and appoint: NEAL I- WITT in the City of ANAHEIM County of _1RhNGE State of _ its true and lawful attorney -in -fact, at HM , in the State of COPE- to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the jurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees, provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power not valid unless used before December 31, 1985 The acknowledgment and execution of any such document by the said Attorney -In -Fact shall be as binding upon the Com- pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By -Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 5th day of September, 1969. "Article V. Section 12, The President shall have power and authority to appoint, or delegate to other Corporate Officers, the appointment of ... Attorneyls) -in -Fact, and authorize them to execute, on behalf of the Company as Surety, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof; and he may at any time in his judgment remove any such appointee(s) and revoke the authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affix- ed to such Power of Attorney or to any certificate relating thereto, by facsimile: and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached.' IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 25th day of November, 1980. ALLIED FIDELITY INSURANCF. CO. DOE e�� S$iki T BY Secretary President THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE OF INDIANA SS: COUNTY OF MARION On this 25th day of November, 1980, before me a Notary Public, personally appeared H.O. CROQUART and T. L. EADS, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and deed of said Corporation. 08613 t 'x n �e a r 0 7! fZ a m P] PI z A n n r T O Z r-i n Notary Public, Marion County, Indiana /,L My Commission Expires: March 9, 1983 ��„// ( (/ � Notary Public 1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND. 2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMA- NENT PART OF THE OBLIGEE'S RECORDS. ��N►�� 3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE. • CERTIFICATE OF INSURANCE • Page 13 CERTIFICATE HOLDER INSURANCE COMPANIES AFFORDING COVERAGES City of Newport Beach Company 3300 Newport Boulevard Letter A SELECT INSURANCE COMPANY Newport Beach, CA 92663 Company B NAME AND ADDRESS OF INSURED Letter ALLIANZ INSURANCE COMPANY IAN -CO Company C Letter Company D 12814 FOOTHILL BLVD. , (P.O. BOX 381 Letter Company E rT T 1.1 n LIMA rnl Trnnnl T nT lnn I 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). COMPANY TYPES OF INSURANCE Policy Policy Exp. LIMITS OF LIABILITY IN THOUS NDS 000 g. ro uc s LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations A , GENERAL LIABILITY Comprehensive Form Premises - Operations GA506- 2/19/83 Bodily Injury Property Damage $ $ $ $ Explosion & Collapse Hazard Ix 9466 Underground Hazard Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance x Broad Form Property Damage Damage Combined $ 500 $ 500 x Independent Contractors x Personal Injury Marine Personal Injury $ 500 Aviation AUTOMOTIVE LIABILITY Comprehensive Form Bodily Injury Each Person $ A Q Owned Hired GA506- 9466 2/19/82 $ Bodi y njury Each Occurrence ProeerU Damage Bodily njury an Property Damage Combined $ 500 Non -owned EXCESS LIABILITY ❑ Umbrella Form Bodily Injury C] Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutor 2,000E ac Accident) . B EMPWYER'�S LIABILITY WCP3026 2/19/83 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,.the- Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by n registered mail,.attention: Public Works Department. By: 1 . 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: OASIS PARKING LOT WEST CONTRACT NO. 2289 e 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. Ell CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 14 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: OASIS PARKING LOT WEST CONTRACT NO. 2289 Project Title and Contract No. T.— This endorsement is effective 717182 at 12:01 A.M. and forms a part of Policy No. GA5069466 Named Insured Name of Insurance Company SELECT INSURANCE COMPANY No. 1 It is agreed that: L CITY OF NEWPORT BEACH 0 COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT Page 15 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 (X) 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: OASIS PARKING LOT WEST CONTRACT 2289 Project Title and Contract No. This endorsement is effective 7/7/82 at 12:01 A.M. and forms a part of Policy No. GA5069466 Named Insured Name of Insurance Company SELECT INSURANCE COMPANY By ement No.l ve 0 CONTRACT e r] Page 16 THIS AGREEMENT, entered into this ay of Jk 19 doC, by and between the CITY OF NEWPORT BEACH, hereinafter "Cit an hereinafter "Con ctor,' is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: OASIS PARKING LOT WEST 2289 Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: OASIS PARKING LOT Title of Projec 2289 Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Thirty -eight Thousand Nine Hundred Thirtty -three and 55/100 Dollars ($M_1 This compensation includes (lj any oss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) • 0 Page 17 (f) Plans and Special Provisions for (OASIS PARKIN LOT WFSJ--, 2289 Title of Project __r? Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH CITY Zi, — 0 Contractor By Its CONTRACTOR I. II 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OASIS PARKING LOT WEST CONTRACT NO. 2289 SCOPE OF WORK 0 SP 1 of 4 The work to be done under this contract consists of parking lot improvements to be constructed at the Northwest corner of Marguerite Ave. and Fifth Ave. Work will consist of clearing and grubbing; grading; and constructing curbs, sidewalk, AC paving and pavement striping shown on the Plans and specified herein. All work necessary for the proper completion of the contemplated improvements shall be done in accordance with (1) these Special Provisions, (2) the Plans (Dwg. No. M- 5221 -S), (3) the City's Standar Special Provisions and Standard Drawings for Public Works Construction (1980 edition), and (4) the Standard Specifications for Public Works Construction (1979 edition), including supplements to date. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for five dollars ($5.00). Bidders shall satisfy themselves by personal examination of the location of the proposed work and by such other means as they may prefer as to the actual conditions and requirements of the work, and shall not at any time after submission of the bid dispute, complain, or assert that there was any misunderstanding in regard to the nature or amount of work to be done. AWARD AND EXECUTION OF THE CONTRACT The bidder's attention is directed to the provisions of Section 2 -1, of the Standard Special Provisions and Standard Drawings for Public Works of the contract. III. BEGINNING OF WORK AND TIME OF COMPLETION The Contractor shall complete all work within sixty (60) calendar days following the date of award of this contract. Upon commencement of work, the Contractor shall complete all work within thirty (30) consecutive calendar days. SP 2 of 4 IV. PAYMENT All incidental items of work not separately described in the proposal shall be included in the unit price bid for the various items of work, and no additional compensation shall be made. V. TRAFFIC CONTROL AND ACCESS The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Special Provisions and Standard Drawings for Public Works Construction and with the standards contained in the Work Area Traffic Control Handbook (WATCH), published by Building News, Inc. Marguerite Ave. and Fifth Ave. shall remain open to traffic at all times. VI. WATER Water will be provided by the City. To make arrangements, contact the City's Utilities Superintendant, Mr. Gil Gomez, at (714) 640 -2221. The Contractor shall at all times, at his expense, control dust on the project site. VII. COORDINATION WITH UTILITIES The Engineer has attempted to determine the existence of any public or private utilities, facilities, and substructures to be encountered during construction, and has been informed that none exist within the limits of work, except as shown. The Contractor shall determine the exact location of all public and private utilities, facilities, and substructures whether shown on the plan or not and no claim may be made for protection required for utilities, facilities, or substructures which may be inadvertently omitted and not shown on the plans. In the event any utility, facility, or substructure is disturbed or damaged, whether in its original or relocated position, the Contractor shall immediately cause repairs to be made to the satisfaction of the Engineer at the Contractor's sole expense. 0 SP 3 of 4 VIII. CONSTRUCTION DETAIL A. CLEARING AND GRUBBING Existing asphaltic concrete to be removed shall be cut with concrete sawing equipment of a type meeting approval of the Engineer. Existing paved surfaces shall be cut back beyond the edge of the excavation to form square cuts before paving is commenced. Should damage occur to the saw cut edge during or after removal, the damaged edge shall be removed by further saw cutting at the Contractor's sole expense. The Contractor shall exercise care against possible injury or damage to existing improvements. The Contractor shall protect all existing curbs, gutters, culvert and other improvements from damage. No machine with an open flame exhaust will be permitted. Existing improvements damaged by the Contractor shall be repaired or replaced to the satisfaction of the Engineer at the Contractor's sole expense. B. EARTHWORK 1. PARKING LOT. The subgrade shall be shaped to the geometrics indicated by the elevations shown on the Plans. Allowable tolerance shall be 0.04 feet. 2. FILL AREA. The fill shown on the Plans west of the Parking Lot is a stockpile of soils excavated from the Parking Lot. This fill is not intended to support structures. This fill need not conform to the requirements of the Standard Specifications for Public Works Construction, but shall be watered and compacted to 808 relative compaction to reduce erosion. The slope faces shall be uniform in appearance and shall comform to the lines and grades shown on the Plans. No point on the slope face shall vary from the average plane by more than 1 foot measured at right angles to the slope. Small fills incidental to the cut swale surrounding the stockpile fill, necessary to provide an adequate and uniform swale cross section, shall be placed in conformance with Section 300 -4 of the Standard Specifications for Public Works Construction and compacted to 908 relative compaction. C. CRUSHED AGGREGATE BASE Crushed aggregate base, if used, shall be spread upon prepared subgrade by means of an approved spreading device which will deposit a uniform windrow or layer and will provide the required thickness within the specified tolerances. Motor graders may be used during spreading and compaction operations. Tailgate spreading by dump trucks will not be permitted except for spot dumping and in areas not readily accessible to spreading equipment. Relative compaction shall be not less than 90 percent. SP 4 of 4 D. ASPHALTIC CONCRETE PAVEMENT Asphaltic concrete for the Parking Lot shall be Type III- C3- AR4000. Asphaltic concrete for the downdrain shall be Type III- D- AR4000. Prime coat shall be liquid asphalt, Grade SC -250, applied at a rate between 0.10 and 0.25 gallons per square yard. Fog seal shall be SS 1 type asphaltic emulsion, applied at the rate of 0.10 gallons per square yard. E. GRAVEL BAGS Bags shall be woven plastic bags partly filled with gravel. The open end shall be wire -tied securely closed. Gravel shall be clean, containing no more than 5% material passing the #4 sieve. F. PAINT STRIPING Paint for parking space striping shall be white Formula Number 42A9 as manufactured by J. E. Bauer Company or approved equal. G. HYDROSEEDING The "Contractor shall apply hydroseeding to the stockpile fill area and its drainage swale with the materials and rates of coverage as follows: Plantago insularis: 60 pounds per acre (1.38 pounds per 1000 square feet) Annual Rye grass: 174 pounds per acre (4.00 pounds per 1000 square feet) Cellulose wood fiber: 2000 pounds per acre (45.9 pounds per 1000 square feet) "M- Binder" by Ecology Control, or equal: 80 pounds per acre (1.84 pounds per 1000 square feet) 16 -20 -0 ammonium phosphate: 400 pounds per acre (9.18 pounds per 1000 square feet) H. CONSTRUCTION SURVEY Field surveys for control of construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California registered civil engineer or licensed surveyor. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OASIS PARKING LOT WEST CONTRACT NO. 2289 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: 40 r PR la The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2289 in accordance with the Plans and 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 IN WORDS PRICE PRICE 1. 470 CONST. TYPE "B" PCC CURB ONLY Lineal Feet (6 "CF) PER STD -182 -L @y Dollars and ✓ EZRFra Cents S Per Lineal Foot 2. 183 CONST. TYPE "A" PCC CURB & GUTTER Lineal Feet (6 "CF) PER STD -182 -L @_ N` tyz�)F Dollars ✓ and ��� F�yL� Cents $ +to� S Per Lineal F 3. 22 CONST. TYPE "E" AC CURB PER STD -183 -L Lineal Feet r J @ � �`1F�'<< -1 "T�pPf � Dollars I and � Nzl& Cents Per Lineal Foot ORIGINAL • 0 OW ITE$1 QUANTITY ITEM DESCRIPTION UNIT NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE n_ 26327 CONST. 4.5 "AC /0 "AB or 2.5 "AC /4 "AB Souare Feet PAVEMENT Dollars and v vl� F Cents $ Per Square Foot s. 323 CONST. 3" AC/ 0" AB TEMPORARY PAVEMENT Square Feet @ t&thE Dollars StK �1 and Cents $_ . b5 $�g� Per Square Poct 6. Lump Stuff APPLY 4" WIDE PAINT STRIPING @ Tips i%►�iT`Dollars and ✓ t�kN� --Cents $ OE $tom Limp Stan 7. Limp Stun APPLY HYDROSEED @ 0 FAIMj_pol d and Cents $ 13'x£. c4; S 135p . DO Lump Stun 8. 380 CONST. 4" PCC WALK Square Feet @ Dollars and Sm Cents S 21, .Oto Per Square Foot 9. 1 CONST. 3" AC TEMPORARY DOWNDRAIN Each @ ) r'eRs(i alaS0.F.% &x2 -f Dollars r T and �vcN� Cents S Wpr s no Each 1.0. Ltanp Stan PLACE GRAVEL BAGS Dollars and Cents Lump Sum $ 2..`15 > o� S x.1'5,00 J 0 E PR 1c 1'PLT1 QUANTITY ITEM DESCRIPTION UNIT IWAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 5200 EXCAVATION AND STOCKPILE FILL Cubic Yards @ b K1T Dollars and F�4s�r Cents S $ Per'Cubi� Yard 12. Ltanp Sm CLEAR AND GRUB @ F\ IE- tl tw%p b Dollars and Cents Lump Sinn S ��ICO.L`O $ i� 'DOTAL PRICE WRITTEN IN WORDS INCLUDING ADDITIONAL BID ITEM: �.�Y.�412�fTt�1Rt`(ars - and VL-F C�1 �'1�1 Cents $ Contractor's License No. 357442 Class A IAN -CO -- (Bidder's Name) Date June 15, 1982 D (Authorized ure /Title) Bidder's Address 12814 Foothill Blvd (PO Box 381) Etiwanda, Ca 91739 Bidder's Telephone No. 1 (714) 899 -2477 `J 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. 357442 Class A IAN -CO Contr's Lic. No. & Classification Bidder June 15, 1982 �--., to orized Signature�/Titlee • . 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. 6. 7. 8. 9. 10. 11. 12. uthorized Sig- n�tu�re�! itle Allied Fidelity insurance Co. Indianapolis, Indiana KNOW ALL MEN BY THESE PRESENTS: That we. IAN -CO BID OR PROPOSAL BOND BOYD NO. AC00 4531_3 as Principal, and ALLIED FIDELITY INSURANCE CO., of indianapolis. Indiana, as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH as Obliges. in the penal sum of TEN PERCENT NOT TO EXCEED FIVE THOUSAND FIVE HUNDRED AND NO /100 if 5,500.00 I DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, wit bind ourselves, our heirs, executors, administrators. successors and assigns, jointly and severally, firmly by these presents SIGNED, sealed a w dated this 15th day of June .19 82 . WHEREAS, the said principal is herewith submitting a proposal for CONSTRUCT OASIS PARK1Nr 66ZT AwD IMPROVEMENTS 5th STREET AND MARGURITE CITY OF NEWPORT BFAGH 1QR 102_89 NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the said Principal shall execute a contract and give bond for dne faithM performance thereof w itltift 10 days after beinll noafkd in wrisins of the;wasd of stack cowm a trind or if the Ri KIP4 or Sorely shat pay the Oball" the Stan no a xcecdins the pessahy be c v by 4" the armoumt of the contract. ouvertof tW sd4 jsmposay pmpa(y we IawAdry omcused by said baweea the Obtiter atnd a third party. say exceed the arrtoca s bid by FrksdOA chess this ob fVdan shall be v44 othaw. 1w. it SW remain is rum force quad ef►at L BID DATE* JUNE 15, 1982 M i AQQ a �•fM� Y y' • ii a• rsw N 4r 8 �:.' .. O �/� �.JF5♦j tr o4 0••e ro �- d Z*O. ACOF 453h ALLIED ELITY INSURE CO. 6320 North Rucker Road • Indianapolis. Indiana 46220 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That this Power-of Attorney is not valid unless attached to the bond which it authorizes executed It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY IN -FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED TWO MUNORED THOUSAND 6 NO /100 ($200e000.00) USE OF MORE THAN ONE POWER VOIDS THE BOND ALLIED FIDELITY INSURANCE CO.. an Indiana corrration . having its rin �I ((ficCin eh Indianapolis. State of Indiana, does hereby make. constitute and appoint: NE I1. W I TT *G &` `• in the CAv of ANAHEIM ,County of_ ORANGE -__. State _P_ALIF its true and lawful attorney -iii -fact. at ANAHF T M _ . in the State of -AL TF to make, execute. seal and deliver for and on its behalf. and as its act and deed, bonds. and undertakings in behalf of court fiduciaries, who under the jurisdiction of a court, administer property held in trust: public official bonds: license and permit honds: tax. lien. and miscellaneous bonds: required by Federal. State. County. Municipal Authority, or other obligees. provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum >hown above. THIS POWER VOID IF ALTERED OR ERASED This power not valid unless used before December 31. 19e5 The acknowledgment and execution of any such document by the said Attorney -In -Fact shall be as binding upon the Com- pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By -Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 5th day of September. 1469. '-Article V. Section 12. The President shall have power and authority to appoint, or delegate to other Corporate Officers, the appinntment of Attornevlsl -in -Fact, and authorize them to execute, on behalf of the Company a Surety. bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof; and he may at any time in his judgment remove any such appointeelsl and revoke the authority given to them: and with respect to any Certified Copy of any Power of Attorney. the signatures of any issuing or attesting officer, and the seal *(the Company, may be offiz. ,d to such Power of Attorney or, to any certificate relating thereto. by facsimile: and such facsimile signatures and facsimile -i-als -hall be valid and binding on the Company. in the future. with respect to any fond, undertaking or instrument of survtvship; to which it is attached." IN W ITNESS WHEREOF. Allied Fidelity Insurance Co. has caused ita official sea] to be hereunto affixed and these presents to be signed by it lduly authorized officers this 25th day of November. 1980. ALLIED FIDELITY INSURANCE. CO. 'iLAf • - BY - -- O - -- Secretary Prsident f THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE: OF INDIANA COUNTY OF MARION SS. On this 25th day of November, 1980. before me a Notary Publk, personally appeared H.O. CROQUART and T. L FADS. who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and deed of said Corporatioo. I fz l n i0 i I l i I Notary Public, Marron s: County. Marc ladfaaa My Commission Expires: March 9. 191b Notary Public 1. ONLY ONE POWER OP ATTORNEY MAY BE ATTACHED TO A BOND. 2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT. BUT SHOULD REMAIN A PERMA• NF.NT PART OF THE OBLIGEE'S RECORDS. t THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE iXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS. OR BONDS FOR CRIMINAL APPEARANCE. .. . i BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, ,S£L /6r,44/011:AJ , as bidder, and , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of 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 day of , 19 . (Attach acknowledgement of Attorney -in -Fact) Notary Public Commission expires Z Title Bidder -Authorized Signature /Title Surety • • 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. Subscribed and sworn to before me this 15th day of June , 1982 My commission expires: August 16, 1985 IAN -CO Bidder �. dam, Authorize nature Title OFFICIAL SEAL S\ CONNIE L. JOHNSON -�. NOTARY PUBLIC CALIFORNIA NOTARY BOND FILED 11y i✓1'�' SAN BERNARDINO COUNTY My Commission Expires August 16. 1985 IAN -CO Bidder �. dam, Authorize nature Title • 0 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. IAN -CO Bidder ♦.ate.... � Dw•*•� Authorized Signature /Title 0 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 In Progress Marriott Corporation Ken Baker (714) 975 -1291 1981 Kasler Corporation Jack Cowan (714) 884 -4811 1981 Jon Carrigan, Inc. Jon Carrigan (714) 621 -5002 1980 Rossmoor Corporation L.H. Davis (714) 837 -2020 IAN -CO Bidder thorized igna�tur�e/Tit e O • 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. First Interstate Bank 5120 Moreno Street Montclair, Ca 91763 (714) 621 -2906 Attention: John R. Sides Bonding and Insurance Butler, Christian & Dunn 3205 Tyler Avenue E1 Monte, Ca 91734 (714) 579 -4740 Attention: Robert Dunn State Contractors License #357442 Issued - - - May 9, 1978 IAN -CO Bidder Authorized Signature /Title OWNER TO: CITY COUNCIL FROM: Public Works Department SUBJECT: OASIS PARKING LOT WEST (CONTRACT NO. 2289) RECOMMENDATION: June 28, 1982 CITY COUNCIL AG NDA ITEM NO. r - JUN 2 8 1982 By the CITY COUNCIL CITY OR N3 AQV KACM Award Contract No. 2289 to IAN -CO of Etiwanda for $38,933.55, and authorize the Mayor and City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on June 15, 1982, the City Clerk opened and read the following bids for this project: *Corrected bid total is $55,567.00 The low bid is 22% below the Engineer's estimate of $50,200.00. IAN -CO, the low bidder, has not performed previous contract work for the City. However, IAN -CO's referents and the State Contractor's License Board have indicated that IAN -CO (1) has successfully completed similar projects for private developments and (2) has sustained no action detrimental to their contractor's license. The project provides for the construction of a 76 -stall parking lot im- provement at the northwest corner of Marguerite Avenue and 5th Avenue (across from Oasis Center - see attached sketch). Construction includes lowering the existing lot grade by about four feet in order to provide a reasonable driveway connection to 5th Avenue and to improve pedestrian access for the Senior Citizens using the facility. Surplus earth resulting from the excavation will be stockpiled on City property westerly of the parking lot, and will be used in a proposed 1982 -83 project to re- contour the City property between the parking lot and Community Youth Center. Funding for award is provided in Account No. 10- 7997 -043 (Construct Oasis Parking Lot). Plans and specifications were prepared by Jack P. Norris, Consulting Civil lenja neer. Thee i a ed date of completion is August 27, 1982 in B. Nolan ` Public Works Director LRD:em BIDDER AMOUNT Low IAN -CO $38,933.55 2 Griffith Company 38,935.75. 3. Sully- Miller Contracting Co. 39,958.63 4. R. J. Noble Company 41,990.71 5. All American Asphalt 42,512.24 6. Gutierriz Construction Co. 47,984.90 7. Jerry Cross Paving Co., Inc. 48,583.50 8. Fleming Engineering, Inc. 55,699.00* *Corrected bid total is $55,567.00 The low bid is 22% below the Engineer's estimate of $50,200.00. IAN -CO, the low bidder, has not performed previous contract work for the City. However, IAN -CO's referents and the State Contractor's License Board have indicated that IAN -CO (1) has successfully completed similar projects for private developments and (2) has sustained no action detrimental to their contractor's license. The project provides for the construction of a 76 -stall parking lot im- provement at the northwest corner of Marguerite Avenue and 5th Avenue (across from Oasis Center - see attached sketch). Construction includes lowering the existing lot grade by about four feet in order to provide a reasonable driveway connection to 5th Avenue and to improve pedestrian access for the Senior Citizens using the facility. Surplus earth resulting from the excavation will be stockpiled on City property westerly of the parking lot, and will be used in a proposed 1982 -83 project to re- contour the City property between the parking lot and Community Youth Center. Funding for award is provided in Account No. 10- 7997 -043 (Construct Oasis Parking Lot). Plans and specifications were prepared by Jack P. Norris, Consulting Civil lenja neer. Thee i a ed date of completion is August 27, 1982 in B. Nolan ` Public Works Director LRD:em 4r �r-fw PRO IC CF r=7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID SUMMARY CONTRACT NO. ;7vz:e q r. z� 46 LOCATION: City Clerk's Office TIME//: er 41 DATE AMOUNT ggo,'- 1 S a . ay a5A. �3 3�,9T5 , � THE' NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, 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. May 26, 1982 .......... ...................:........... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this26 day ofMay .19 82 Signature THE NEWPORT ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625. ft C,- as " r „s space s for the County Clerk's Filing Stamp F1 PUBLIC NOTICE NOTICE INVITING BIDS Proof of Publication of PROOF OF PUBLICATION i L MUCNOSCE 11071cmiltlMRIO Sim iSealed he C..:y be reeved a Om .dbEe the Cnv C1 .1i. A 92 Nen w.1 Bird.. Non 11 n Beech. of funs vwd -.23 a.m. on the.. ISrtfdsy vl Ivne, 1952. - a nhwh i,me'moh b,d. aiiell 4 oiwe- e �OAMPARKIN;I.OTP,fE9'r .: Enpfer«r � Eahvi :m f.50.lVU' .: ; 1 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: tll s PAW-WtOT WESE U- 2289j.= C -�ag� May 24, 1982 CITY COUNC AGENDA ITEM NO. —! Y RECOMMENDATIONS: 1. Accept the Negative Declaration of Environmental Impact. Approve the plans and specifications. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 15, 1982. DISCUSSION: This.project provides for the construction of a 76 -stall parking lot improvement on City property at the northwest corner of Marguerite Avenue and 5th Avenue (across from OASIS Center; see attached sketch). The parking lot improvement will complete a multiphase development plan at the Center. The project had originally been held in abeyance for approximately six months pending the proposed land exchange with The Irvine Company. The estimated cost of the project is $50,200. Sufficient funds are available in the existing appropriation in the Parks and Recreation Fund, Account No. 10- 7997 -043. Construction of the parking lot includes 1•owering of the existing grade by about four feet in order to improve the driveway connection to 5th Avenue and to improve pedestrian access for the seniors using the facility. Surplus material resulting from the excavation will be stockpiled on the City land westerly of the parking lot; and would be used in a proposed 1982 -83 project to extend the Jasmine storm drain and re- contour the undeveloped land between the parking lot and the community youth center. The plans and specifications were prepared by Jack P. Norris, Consulting Civil Engineer. A negative declaration of the environmental im- pact has been prepared by the staff, approved by the Environmental Affairs Committee, and published for public notice. The estimated date of completion is August 27, 1982. Benjamin B. Nolan Public Works Director LD: jd Att. ^t •b .�,y, f.. 1 4 ! - Ir X-�—„ _v e 16-. WOMA} .u► ,,+70' _� sue+► 'i �: ��w r 'mss 70.�i NO S'- ��_