HomeMy WebLinkAboutC-2307 - 1981-82 Slurry seal ProgramTransamernc�
Insurance Services
777777
May 21, 1984
Transamerica Insurance Group
2141 E. Highland, Sude 21,0
P0. Box 21247
Phoenix, Arizona 8503
(602) 956 -7000
City of Newport Beach
Public Works Department
P. 0. Box 1768
Newport Beach, California 92663 -3884
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S o f M 1984
m ONmpics
M11
CERTIFIED RETURN RECEIPT REQUESTED
Re: Our Claim No: 8,643,447
Our Principal: ECNA, Inc.
Bond No: 5750 -82 -48
Project Description: 1981 -82 Slurry Seal Program - Contract No. 2307
Gentlemen:
Transamerica Insurance Company is the surety on the performance
and payment bond executed in connection with the project described
above. Transamerica has received correspondence and Summons and
Complaint from sub - contractors and suppliers who allege that they
are owed monies for labor, equipment and material that were allegedly
furnished to the principal in connection with the project described
above.
As the surety, Transamerica Insurance Company requests that you make
no further payments of any contract funds of any nature, whether in
the form of earned estimates, retainage, extras, etc., to the principal
without the express written consent and authority of Transamerica.
Transamerica hereby requests that all further sums that may be due and
payable under the contract be paid directly to Transamerica.
Very truly yours,
Date
ES SENTTO:`"`'
ayor Lawrence Richardson
❑ COUnClltnell 3 Claim Representative
Fagar
S rney . D1r.
❑ GenSery Dir.
❑ FS & R Dir. LR /cf
❑ Planning fir.
0Police Chid
`d'P W. Dir
❑ her
525 kz
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August 16, 1983
ECNA, Inc.
642 N. 17th Ave.
Phoenix, AZ 85007
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
Subject: Surety: Transamerica Insurance Co.
Bonds No.: 5750 82 48
Project: Slurry Seal Program 1981 -82
Contract No.: C -2307
The City Council on July 11, 1983 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 was recorded with the Orange County Recorder on July 20, 1983,
Reference No. 83- 312809. Please notify your surety company that the bonds may
be released 35 days after this recording date.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
cc: Public Works
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
Please return to:
City Clerk
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92663 -3884
No mRSIOERAIS
83- 312809 p
em«■■em ae.0"Or
EXEMPT
C2
NOTICE OF COMPLETION
PUBLIC WORKS
E
'400 PM JUL 20 '83
10 All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on
the Public Works project consisting of Slurry Si
on which ECNA Inc. 642 N 17th Ave Phoenix, A7 85007
was the contractor, and Transamerica Insurance Co., 1150 S. Olive St., Los Angeles
was the surety, was completed. 90954
TY OF NEWPORT BEACH
e
4�e 0, )44
Public Works Director
VERIFICATION
I, the undersigned, say:
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 July 13, 1983 at Newport Beach, California.
ell v J C/'J' / �/ 4
Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on July 11, 1983 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 July 13, 1983 att� Newport Beach, California.
City Clerk
f
STATE OF CALI"HIA GEORGE DEUKMEJIAN, GOwmor
DEPARTMENT OF INDUSTRIAL RELATIONS
AFM
DIVISION OF LABOR STANDARDS ENFORCEMENT
245 W. BROADWAY, 4TH FLOOR, Ste. 450
LONG BEACH, CALIFORNIA 90802
(213) 590 -5044
C_ =a3
OLSE 905
FINAL STOP NOTICE
DLSE Case No:
Project Name:
Contract No:
Prime Contractor:
Date:
CITY CLERK
CITY OF NEWPORT BEACH
300 Newport Blvd.
Newport Beach, CA 92663 -3884
ATTN: G. P. DUNIGAN, JR.
Public Works Department
Gentlemen:
05- 13592 -1 /JD
1981 -82 SLURRY
2307
E.C.N.A., INC.
July 21, 1983
7983A.
r
., .
After full investigation, this Division has determined that the
above named employer has failed to pay prevailing wages as required
by Labor Code Sections 1774 and 1815, to employees engaged in per-
forming work in the execution of the above contract as follows:
No. of violations 540
Penalties (at $25 per violation) $13,500.00
Prevailing wages due per Verified Claim
and Stop Notice filed July 21 1983 $20,775.96
Total amount due $34.275.96
Pursuant to Labor Code Sections 1775, 1726 and 1727 and other pro -
vision of law, you are requested to withhold the total sum shown
above from any and all payments owed by you under the above contract
now or in the future.
If you receive notice of a suit filed by the contractor to recover
the penalties, this amount should be retained pending the outcome
of the suit as provided in Labor Code Section 1731. If no such
notice of suit is received within the 90 -day period after cessation,
04'0.
Ad. &Y.''n`� i1t".'?m'AVer'<Y: _ -mnx .z'X'vw�- rvssw4w/w••�:n+n.vhW!. _
FINAL STOP NOTICE
Date: July 20, 1983
Page 2
acceptance, or completion of the job, the penalties withheld shall
be remitted to the Division of Labor Standards Enforcement at the
above address for transmittal to the State Treasurer. In addition,
if the contractor consents in writing, the amount withheld as pre-
vailing wage underpayments shall be remitted to the Division of
Labor Standards Enforcement at the above address.
Filed: July 21, 1983 By'�
OSEP M. DIFRANCESCO
Senior Special Investigator
Labor Code Section 1726
The body awarding the contract for public work shall take cognizance
of violations of the provisions of this chapter committed in the
course of the execution of the contract.
Labor Code Section 1727
Before making payments to the contractor of money due under a con-
tract for public work, the awarding body shall withhold and retain
therefrom all amounts which have been forfeited pursuant to any
stipulation in a contract for public work, and terms of this chapter.
But no sum shall be withheld, retained or forfeited, except from the
final payment, without a full investigation by either the Division
of Labor Standards Enforcement or by the awarding body.
JMD:rcp
Enc.
cc: Prime Contractor: E.C.N.A., INC.
Bonding Company: Transamerica Insurance Company
Contractor's License Board (local)
Area Administrator
Peter J. irsfeld, Atty. At Law
STATE Or EALIrORNIA • • OEPARTNERT Or #NOUSTRIAL RELATION
DIVISION Or LABOR STANDARDS EN/OREENEw
VERIFIED CLAIM AND STOP NOTICE
To: CITY CLERK
CITY OF NEWPORT BEACH
3300 Newport Blvd.
Newport Beach, CA 92663 -3884
1981 -82 SLURRY PROGRAM
Project 2307
Contract Number
Please take notice that the persons named on the attached exhibits have
performed labor for E.C.N.A., INC. or other person acting by your authority
on the work of improvement in progress or being completed at your property
at, in, and-about the City of Newport Beach, California.
The total amount of said contract is the sum of $161,091.00 (one hundred
sixty -one thousand and ninety -one dollars) and payments for labor performed
have been made incorrectly.
There now remains due, owing, and unpaid $20,775.96 (twenty thousand seven
hundred seventy -five dollars and ninety -six cents) after deducting all just
credits and offsets. Said labor was performed for and furnished to E.C.N.A.,
INC. upon the work of improved named above. (see attachments)
This Notice is given pursuant to the provisions of the laws of the State of
California and particularly Sections 3103 and Sections 3181 through 3187 of
the Civil Code, and Section 1727 of the Labor Code. You are hereby required,
pursuant to said laws, to withhold any and all payments which are or here-
after may become due to the Contractor hereinabove named to the extent of
the total claim as hereinabove shown.
I declare under penalty of perjury as follows: I
Investigator acting for the State Labor Commission
declitation on behalf of the workmen whose names a
I have read the foregoing Verified Claim and have
of the facts relating thereto, and based upon all
at this time and based upon all of the statements
me at this time. I am informed and believe that th
Claim is true and correct, and that the facts have
this Verified Claim.
am a Senior Special
er. I execute this
re set forth herein.
made an investigation
the facts known to me
and information given
e foregoing Verified
been found to support
Executed on this 20th day of July, 1983 at Long Beach, California.
VICTOR VESSEY
STATE LABOR COMMISSIONER
(� OSEPH M. AIFRANCESCO
Senior Special Investigator
JMD:rcp
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CITY OF NEWPORT BEACH
,_, CqC /pp RNxP
Mayor
Evelyn R. Hart
Mayor Pro Tern
Philip R. Maurer
Council Members
July 13, 1983
Bill Agee Lee A. Branch
John C. Cox Jr. County Recorder
Jackie Heather P.O. Box 238
Ruthelvn Plummer
Donald A. Strauss Santa Ana, CA 92702
Dear Mr. Branch:
Enclosed for recordation are 3 Notices of Completion of Public Works
projects consisting of:
1. Installation of Traffic Signals and Lighting @ Jamboree and Birch
and Balboa and 15th Street, Contract No. 2359 on which Baxter -
Griffin was the Contractor and Ohio Farmers Insurance Co. was the
Surety.
2. Morning Canyon Road and Seaward Road Storm Drain Rehabilitation,
Contract No. 2339 on which Ameron, Inc. was the Contractor and
Federal Insurance Co. was the Surety.
3. 1981 -82 Slurry Seal Program on which ECNA, Inc. was the Contractor
and Transamerica Insurance Co, was the Surety, Contract No. 2307.
Please record and return to us.
Sincerely,
Z� � 4#�'
Wanda E. Andersen
City Clerk
WEA:Ir
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
i
0
TO: CITY COUNCIL
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
ns Era a,
FROM: Public Works Department
C - J3v-)
July 11, 1983
CITY COUNCIL AGENDA
ITEM NO. F —IY
SUBJECT: ACCEPTANCE OF 1981 -82 SLURRY SEAL PROGRAM (C -2307)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days
after Notice of Completion has been filed.
4. Assess liquidated damages in the amount of $8,300.
DISCUSSION:
The contract for the construction of the 1981 -82 Slurry Seal Program
has been completed to the satisfaction of the Public Works Department.
The bid price was $161,091.00
Amount of unit price items constructed 178,859.74
Amount of change orders None
Total contract cost $178,859.74
Funds were budgeted in the General Fund.
The increase in the contract cost over the bid price was due to a
slightly (less than 1 /64th inch) thicker application of the slurry seal mater-
ial.
The design engineering was performed by the Public Works Department.
The contractor is ECNA, Inc., of Phoenix, Arizona.
The contract date of completion was August 31, 1982.
The contract required completion of the work within 45 days of award
resulting in a completion date of August 31, 1982. Due to other work, with
staff concurrence, the contractor did not start this project until August 9.
Starting the 45 -day period on that date would result in a completion date of
September 23. The work was not completed until December 15, 83 days after the
adjusted completion date. It is recommended that, in accordance with the
contract's Standard Specification, liquidated damages be assessed in the amount
of $8,300 ($100 per day).
j Benjamin B. Nolan
Public Works Director
GPD:jd
�f
July 11,1983
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884
PUBLIC WORKS DEPARTMENT 714/640 -2281
Irsfeld, Irsfeld & Younger
Attorneys at Law.
7060 Hollywood Boulevard
Hollywood, California 90028
Attention: Mr. Peter J. Irsfeld
Subject: ECNA, 1981 -82 Slurry Seal Program (C -2307)
Gentlemen:
This is in response to your letter of July 8, 1983 regarding the recommendation
for imposition of liquidated damages on the above contract.
Your client's position, and your letter regarding the matter, will be conveyed
to the City Council so that your concerns may be taken into consideration in
making a decision.
With regard to some of the specific points raised in your letter, we would like
to reply as indicated herein.
First, the work which was redone was evidently not disputed by ECNA because it
was so clearly defective that the need for remedial work was obvious.
The calculation of the number of days for which assessment of liquidated damages
was recommended did not include a reduction for weekends and holidays as the
contract provides that liquidated damages are to be assessed on a calendar day
rather than a working day basis. The calculation did not reflect a reduction
for rainy days as the work extended into the rainy season only because of the
need to redo the original defective work..
We feel that.your client, ECNA Inc., acted in a responsible manner in correct-
ing the defective work. Nonetheless, the work was in fact defective, and had to
be corrected to provide a satisfactory finished product. In addition, we be-
lieve the work could have been conducted more expeditiously than was the actual
case. The net result included significant and prolonged inconvenience to the
general public, and extra costs and damages incurred by the City.
ry truly yours
Ga2�
min Nolan
Public Works Director
cc: City Council
BBN:jd City Attorney
3300 Newport Boulevard, Newport Beach
JAMES B. IRSFELD, JR.
N ENN ETH C. YOUNGER
R. WENDELL BUTTREY
ROBERT W. GARCIN
JOHN H. BRINK'
CHARLES W. STOLL
PETER J. IRSFELD
JAMES J. WALDORF'
WILLIAM A. FRANCIS
MICHAEL 8, LUFTMAN'
C. PHILLIP JACKSON
ROSS R. HART
PETER C. WRIGHT
MICHAEL R. YOUNGER
CARLA D. ALTIZER
L. REID HANSON. JR.
PAUL E. PIERCE, JR.
'A PROFESSIONAL CORPORATION
1
IRSFELD, IRSFELD S YOUNGER
ATTORNEYS AT LAW GLENDALE OFFICE
226 WEST BROADWAY, SUITE 500
7060 HOLLYWOOD BOULEVARD GLENDALE. CALIFORNIA 91204
HOLLYWOOD, CALIFORNIA 90028 TELEPHONE 12131 242 -6859
TELEPHONE 12131 466-4161
July 8, 1983
Mr. Benjamin B. Nolan
Public Works Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
RE: 1981 -82 Slurry Seal Program (C -2307)
E.C.N.A.
Dear Mr. Nolan: ..
JAMES B. IRSFELD
11880 -19661
JOHN A. WEYL
OF COUNSEL
� 7
0
Please be advised that we represent E.C.N.A. We are in receipt
of Mr. Dunnigan's June 29, 1983, letter to our client and the
Public Works Department's recommendations to the City Council
regarding acceptance of the work performed by, our client. The
purpose of this letter is to set forth our client's position
concerning the Department's recommendations. I would appreciate
if you would present these comments to the City Council so they
may have the benefit of our client's position on this matter.
The recommendation states a starting date of August 9th and a
completion date of December 15, 1982. The contract provided for
completion within 45 days of commencement and hence the recom-
mendation is for the assessment of liquidated damages ($100 per
day) for 83 days.
First, the number of days between August 9th and December 15th
is 128 days. If 45 days is substracted a total of 80 days
rather than 83 days is left.
Secondly, no consideration has been given for the inclusions of
Saturdays and Sundays in the time computation. It is our under-
standing that the contract did not require weekend work and
therefore we do not believe Saturdays and Sundays should be com-
puted in determining time of performance. Also, no considera-
tion was given for holidays. Labor Day (September 5); Admis-
sion Day (September 9) and Thanksgiving (November 24) fell dur-
ing this period. we calculate a total of 36 Saturdays and Sun-
days and three holidays during this period. This reduces the
possible days upon which to assess liquidated damages to 44
days.
•
Benjamin B. Nolan
July 8, 1983
Page Two
9
Third, approximately 20 days delay was due to E.C.N.A. having
to rework a number of streets. Although E.C.N.A. did not agree
with the job site inspector, it elected to redo the work rather
than to dispute the item with the City. we do not believe it
is equitable to charge these days to E.C.N.A. for purposes of
computing liquidated damages.
Fourth, no consideration has been given to rain days which pre-
vented work by our client. This information should be readily
available from the weather service and we believe it is the
Department's responsibility to take such matters into considera-
tion in determining the assessment of liquidated damages.
At no time during the performance of the contract did anyone
from the City of Newport Beach mentioned the subject of liqui-
dated damages or inform our client that the City intended to
enforce this provision of the contract. Some months after the
contract had been completed, our client had several conversa-
tions with Mr. Dunnigan in an effort to speed up the acceptance
procedure so as to have the retention monies paid. For some
reason, Mr. Dunnigan became hostile during these conversations
and this was the first time that the subject of liquidated dam-
ages arose. I also spoke to Mr. Dunnigan in the latter part of
June, 1983 and experienced his feelings of animosity towards
our client. I mention these factors only because the Depart-
ment's recommendation seems so harsh as to border on an non-
objective approach to this situation.
I believe it is also important for you to know that our client
lost between $25,000 to $35,000 on this job. A large portion
of this loss was attributable to its not contesting the in-
spector's decision concerning acceptance of certain streets and
the redoing of those streets. I believe this is an important
factor for you to consider in that it evidences my client's
desire to work with the City and produce a job satisfactory to
the City even to the extent of losing money on the contract.
I feel confident that when the above time periods are recalcu-
lated, you will see that this is not a situation where our
client should be punished by the imposition of liquidated dam-
ages.
Very truly yours,
IRS&E4D, IRSFEIJD & YOUNGER
J. Irfseld
PJI:mtg
cc: Carroll G. Wilson
SENT BY MESSENGER
0
0
STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF LABOR STANDARDS ENFORCEMENT
12,45 W. BROADWAY, 4TH FLOOR Ste. 450
(213)ACALIFORNIA 0 SOSOz
4
PRELIMINARY STOP NOTICE
IN REPLY REFER TO:
May 18, 1983 05- 13592/JD
CLERK CITY
CITY OFNEWPORT BEACH NF�YPpj OF
3300 Newport Blvd. to "9
Newport Newport Beach, CA 92663 -3884 dry
Re: ECNA Z �'98N6
Project No. 2307
Dear Sir:
This agency is currently involved in an ongoing in-
vestigation of complaints regarding prevailing wage
violations, California Labor Code Section 1774 by the
above name contractor.
Pursuant to Section 1727 of the California Labor Code,
we respectfully request at this time that you withhold
Payment from the contractor pending the disposition of
the investigation by this Division.
If you have any questions, please feel free to contact
the undersigned.
Very truly yours,
STATE LABOR COMMISSIONER
SEPH M. DIFRANCESCO
Senior Special Investigator
JMD:rcp
DLSE WS
Date s� =
Ciii'IES SENTTO:
Cs Mayor
D Councilmen
mpager
wrTtorneY
Q Bldg. Dir.
❑ GenSery Mr.
L7PB&RDir.
❑ Planning Dir.
C_l P e Chief
LWPX
Dir
nV N V'XATP(1R' P RF A ru
DATE: July 20,1982
TO: FINANCE DIRECTOR
PUBLIC WORKS
FROM: City Clerk
SUBJECT: Contract No. 2307
Description of Contract
Program
OFFICE OF THE CITY CLERK
(714) 640 -2251
-to C9&
-2 /.;0/rL
1981 - 82 Slurry
Effective date of Contract July 20, 1982
Authorized by Resolution No. Min.Act, adopted on 6/28/82
Contract with ECNA, INC.
Address 642 N. 17th Avenue
Phoenix, AZ 85007
Amount of Contract $161,091.00
Wanda E. Andersen
City Clerk
WEA : 1 r
City Mall • .3300 Newport Boulevard, Newport Beach,
92663
I
July 16, 1982
TO: CITY CLERK
FROM: Public Works Department
SUBJECT: 1981 -82 SLURRY PROGRAM, C -2307
Attached are four 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 copies
to our department.
Gilbert Wong
Project Engineer
GW:em
Att.
I
I
"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."
,o �9�v
Date Si nature
Contractor
C -2307
STATEE OF CALIFORNIA
I OFFICIAL SEAL ' F
ECNA
INCO ?PJWZD OCT. 26, 1976
<<
- - oouleva
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
• Page 1
Proposal
1981 -82 SLURRY SEAL PROGRAM
CONTRACT NO. 2307
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663 -3884
Gentlemen:
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 pro-
poses to furnish all materials and do all the work required to complete this Contract in
accordance with the Plans and Special Provisions, and will take in full payment therefor the
following unit price for the wgrk, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. 2,700 Furnish all labor, equipment and material;
Extra Long and perform all work necessary to prepare
Tons for and apply emulsion- aggregate slurry
as shown on the plan
@ Fifty -three Dollars
and
Eighty -three Cents $ 53.83 $ 145,341.00
Per Extra Long Ton
2. Lump Sum Traffic striping and pavement markings
Fifteen Thousand Seven
@ Hundred Fifty Dollars
and
No Cents $ 15,750.00
Per Lump Sum
TOTAL PRICE WRITTEN IN WORDS:
One Hundred Sixty -one Thousand Ninety -one Dollars
and
No Cents $ 161,091.00
379937 - Class A ECNA INC
Contractor's Lic. No. & Classification Bidder
(6021 258 -7443
Bidders a ephone No.
vpr,MMVML'I:i'�
S /Jack M. Mitchell. President
Authorized Signature/Title
0 • 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.
of the California Labor Code for all apprenticeable occupations.
379937 - Class A ECNA, INC.
Contr's Lic. No. & Classification Bidder
_ June 17, 1982 S /Jack M. Mitchell, President
Date Authorized Signature /Title
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. Striping Consley - Monigny 4551 N: Baldwin Ave.,
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
E1 Monte, CA
ECNA, INC.
Bidder
S /Jack M. Mitchell, President
Authorized Signature /Title
FOR ORIGINAL SEE CITY CLERKALE COPY Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ECNA, INC. , as bidder,
and TRANSAMERICA INSURANCE COMPANY , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of an
amount equal to ten percent of the accompanying 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
1981 -82 SLURRY PROGRAM 2307
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 17th day
of June , 1982.
(Attach acknowledgement of
Attorney -in -Fact)
Maurine Woods
Notary Public
Commission expires 8- 13 -84.
ECNA, INC.
Bidder
S /Jack M. Mitchell. President
Authorized Signature /Title
TRANSAMERICA INSURANCE COMPANY
Surety
By S /Charles J. West
Title Attorney in Fact
• •
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.
ECNA, INC.
Bidder
S /Jack M. Mitchell, President
Authorized Signature /Title
Subscribed and sworn to before me
this 17th day of June
19 82.
My commission expires:
_
August 13, 1984 S /Maurine Woods
Notary Public
Page 6
IN ORIGINAL SEE CITY CLERK'S FILZ 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.
ECNA. INC.
Bidder
fit'"' M_ ll
Mitche, Prede
sint
Authorized Signature /Title
• 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.
ECNA, INC.
oiaaer ----
S /Jack M. Mitchell, President
Authorized Signature/Title
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 Y ES 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 , except as
supplemented or modified by the Special Provisions for this project.
• • Page 9
Bond No. 5750 82 48
PAYMENT 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 ECNA
hereinafter designated as the "Principal ", a contract for.
1981 -82 SLURRY SEAL PROGRAM (C -2307)
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 ECNA, INC.
as Principal,
TRANSAMERICA INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
One Hundred Sixty One Thousand Ninety -One and o0 /100 - -- -Dollars ($ 161,091.00 - - - - -- ),
said sum being one -half of the estimated amount payable by the City of Newport Beach
under the terms of the contract, for which payment well and truly to be made we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or
his subcontractors, fail to pay for any materials, provisions, provender, or other
supplies or teams, used in, upon, for, or about the performance of the work contracted
to be done, or for any other work or labor thereon of any kind or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, that the
Surety or Sureties will pay for the same, in an amount not exceeding the sum specified
in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's
fee, to be fixed by the Court as required by the provisions of Section 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 6 Page 10
Payment Bond (Continued)
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 Princi 1 and
Surety above named, on the C Qfk day of 19
STATE OF CALIFORNIA
OFFICIAL SEAL OF
E C N A
INCORPORATED OCT. 26, 1976
Approved as to form:
City Attorney
LCNA, --MCC- (Seal )
Name of Contractor (Principal)
e-
AutAorized Signature and Titer
Authorized Signature and Title
TRANSAMERICA INSURANCE COMPANY (Seal)
Name of Surety
1150 S. Olive St., Los Angeles, CA ..90054
IArnee of Cura +v
e
. vaiiarp c>_ nI- uacy— iaa— .ua<_v -
N. 16th St., C -152, Phoen!x, AZ 85016..
of Agent
(620) 264 5848
Telephone No. of A ent
Countersigned by
Smith & Elgart
231 Sansome St.
San Francisco, CA 94104
T Transarica
Insurance Services
i
Transamerica Insurance Company
A STOCK COMPANY HOME OFF4CE: LOS ANGELES, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does
hereby make, constitute and appoint
JOHN J. GALLAGHER OR CHARLES J. WEST
OF PHOENIX, ARIZONA --EACH- -
its true and lawful Attorneys) -in -Fact, with full power and authority, for and on behalf of the Company as
surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances or other written obligations in the nature thereof, as follows: AN Y AND ALL
BONDS AND UNDERTAKINGS IN AN UNLIMITED AMOUNT, IN ANY SINGLE INSTANCE, FOR
OR ON BEHALF OF THIS COMPANY, IN ITS BUSINESS AND IN ACCORDANCE WITH
ITS CHARTER,
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said
Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by -laws of the Company which by -laws
are now in full force and effect:
ARTICLE VII
SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity,
endorsements, stipulations, waivers, consents of sureties, re- insurance acceptances or agreements, surety and co- surety obligations and
agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly
executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or
Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person
empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance
shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a
facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute
or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following
resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the
17th day of October 1963.
"Resolved, That the signature of any officer authorized by the By -laws and the Company seat may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance
or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Compawl 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, TRANSAMERICA INSURANCE COMPANY has caused these presents
to be signed by its proper officer and its corporate seal to be hereunto affixed this 4T H day of
NOVEMBER 198o
By
0 • \„ J. W. FLESHMAN, Vice President
State of California )
County of Los Angeles ) ss
On this )4TH day of NOVEMBER , 1980, before me personally came J.W. Fleshman to me
known, who, being by me duly sworn, did depose and say: that he resides in the City of Sierra Madre, State
of California; that he is a Vice - President of Transamerica Insurance Company, the corporation described in
and which executed the above instrument; That he knows the seal of said Corporation; that the seal affixed
to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board
of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
Notary Public
17196 (Over) 15501
SEAL
ELIZABETH AHERNE
NOTARY PUBLIC CALIFORNIA
@MyOFFICIAL
PRINCIPAI. OFFICE IN
LOS ANGCI� colutm
Ca Im Ts. n Exp. Mn.3t1.1967
Notary Public
17196 (Over) 15501
6
I .
mapisaJd ao'n IUOI$IssV'H3NNVl'H ' f
v V
;o Aep
oiunajaq aneq I ;oaiat4m Auowiisal
;o pjeog aqi ;o uoilniosaa aql pue
Apliao laglin; pue'2ojo; ut 11ps si pu
aqi legi A4gjao Agaaaq op 'Auedwo
(4)
6t
sigi Auedwoo pies aql 10 leas aql paxi; ;e pue aweu Aw paquosgns
ul •aoao; ui 11(1s aie Aawo11V ;o Jannod pies ui qlJo; 10s 'sioloan4
Auedwoo aq1 ;o sme-I-Ag aql ;o Ian aIoi1JV ;o p£ uoilaag 1eg1
e Adoo loexa pue @nil e si g1ao; ias ajo;aq uialaq Aawoliy ;o Jannod
eouejnsul P3'JawesueJl 10 luapisaJd aoin lueisissV 'Jauuel 'H 'f 'I
E
STATE OF ARIZONA )
ss.:
COUNTY OF MARICOPA 3
0
On this_ 12th _day July--.1982,
before me personally came ___,john J. Gal laghQr,
to me known to be an Attorney -in -Fact of TRANSAMERICA
INSURANCE COMPANY, the corporation described in the within
instrument, and he acknowledged that he executed the within
instrument as the act of the said TRANSAMERICA INSURANCE
COMPANY in accordance with authority duly conferred upon
him by said Company.
Notary Public
My Commission Expires Rev, 14, 1985
0 0
STATE OF ARIZONA
COUNTY OF MARICOPA
ON July 12th 1982
before me, the undersigned, a Notary Public in and for said
State, personally appeared
Jack M. Mitchell
known Cu me to bu the -- iresident
of the
the Corporation that executed the within instrument, known to
me to be the person who executed the within instrument on bv-
half or the Corporation, therein named, and acknowledged to me
that such Corporation executed the same.
WITNESS my hand and oi-FicLai meat.
STATE OF A;?1,7f)NA
M.ARICOP;. J)"Ss.
jnd n1lifiAl Se3i
My Commission Expires Feb, 17, 1986
0
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
• Page 11
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted June 28, 1982,
has awarded to ECNA, INC.
hereinafter designated as the "Principal ", a contract for
1.981 -82 SLURRY PROGRAM (C -2307)
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, ECNA, INC,
as Principal, and TRANSAMERICA INSURANCE COMPANY
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
One Hundred Sixty One Thousand Ninety -One and 00 /100 - - - - -- Dollars ($ 161,091.00- - - - -),
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
Faithful Performance Bond (Continued)
Page 12
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 ipq�ent has been dulyed by the Principal end
Surety above named, on the (�(� day of 19 y_
STATE OF CALIFORNIA
OFFICIAL SEAL OF
ECNA
INCORPORATED OCT. 26, 1976
Approved as to form:
City Attorney
WW1I 9A.10, (Seal)
Name of Contractor (Principal)
Authorized Signature and Title
Authorized Signature and Title
TRANSAMERICA INSURANCE COMPANY (Seal)
Name of Surety
1150 S. Olive St., Los Angeles, CA.:,90054
Address of Surety
S' n ure Title of thorized ent
oh J, Gallagher Attorney -in- #t
5150 N. 16th St., C -152 Phoenix, AZ 85016
ddress of Agent
(602) 264 5848
Telephone No. of Agent
Countersigned by
Smith & Elgart /
231 Sansome St.
San Francisco, CA 94104
0 CERTIFICATE OF INSURANCE •
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
NAME AND ADDRESS OF INSURED
ECNA, Inc., a Corporation
642 N. 17th Ave., Phoenix, Arizona 85007
Page 13
NG
A Transamerica Insurance Company
"' B
r_
ny C
r_
ny D
r_
ny E
r
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,;tha•Insurance Company affording coverage
shall provide 30 days' advance notice to the City of Newport Beach by
registered il,.atten ion: Public Works Department.
By: Agency:
Gallagher & West Insurance Counsellors
u o d RepresentAtive 7�/_3—
D ee Issued
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:
1981 -82 Slurry Program Contract No. 2307
(Project Title and Contract Number)
NOTICE: his 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.
FE
Policy
LIMITS OF LIABILITY
IN THOUS
NDS 000
g. ro uc s/
COMPANY
TYPES OF INSURANCE
Policy
Exp.
LETTER
COVERAGE REQUIRED
No.
Date
Each
Completed
Occurrence
Operations
GENERAL LIABILITY
Bodily Injury
$
$
A
Comprehensive Form
188 79
6 -14$3
Property Damage
$
$
Premises - Operations
Explosion & Collapse Hazard
Ix
777
Underground Hazard
Products /Completed Operations
Bodily Injury
Hazard
and Property
x Contractual Insurance
Damage Combined
$ 1,000
$ 1,000
x Broad Form Property Damage
x Independent Contractors
x Personal Injury
Marine
Personal Injury
$ 11000
Aviation
.AUTOMOTIVE LIABILITY
x[ ]' Comprehensive Form
Bodily Injury
$
A
Same
Same
(Each Person
�J Owned
$
Bodily injury
Each Occurrence
❑x Hired
ro
ert Damage
Bodily njury and
[� Non -owned
Property Damage
Combined
$ 1,000
EXCESS LIABILITY
❑ Umbrella Form
Bodily Injury
❑ Other than Umbrella Form
and Property
Damage Combined
$
$
WORKERS' COMPENSATION
CA
Statutor
100 000
Accident)
Accident) ,
A
and
EMPLOYER'S LIABILITY
WC1098
098
6 -14 -89
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,;tha•Insurance Company affording coverage
shall provide 30 days' advance notice to the City of Newport Beach by
registered il,.atten ion: Public Works Department.
By: Agency:
Gallagher & West Insurance Counsellors
u o d RepresentAtive 7�/_3—
D ee Issued
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:
1981 -82 Slurry Program Contract No. 2307
(Project Title and Contract Number)
NOTICE: his 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.
FE
0 0
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
(->�) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
each occurrence
$ each occurrence
$ 1,000,000 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: 1981 -82 Slurr Pro ram a Contract No. 2307
ro�ect it an Contract No.).
This endorsement is effective ,lulu 13. 1982, at 12:01 A.M. and forms a part of
Policy No. 18879777
Named Insured ECNA, Inc., a Corporation
Endorsement No. 2
Name of Insurance Company Transamerica gy -(J
u or a <ep n a v
CITY OF NEWPORT BEACH
COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
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
Property Damage Liability $
(>�) Single Limit
each occurrence
each occurrence
Bodily Injury Liability $ 1,000,000 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: 1981 -82 Slurry Program Contract No. 2307
Project Title and Contract No.
This endorsement is effective July 13, 1982,at 12:01 A.M. and forms a part of
Policy No. 18879777
Named Insured ECNA, Inc., a Corporation
Endorsement No. I
Name of Insurance Company Transamerica By �^✓
u on a Represent ve
Page 16
CONTRACT
THIS AGREEMENT, entered into ay of 19
by and between the CITY OF NEWPORT B fiereinafter "Cit and
hereinafter "Contractor,' is made with
reference to the following facts:
(a) City has heretofore advertised for bids for the following
described public work:
1981 -82 SLURRY PROGRAM 2307
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:
N
2307
ontract 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
One Hundred Sixty -one Thousand Ninety -one and No /100 Dollars ($7UT_.U9T 00_).
This compensation includes (1) any loss 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)
Page 17
(f) Plans and Special Provisions for
1981 -82 SLURRY PROGRAM
e OT Nroject 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.
CITY OF NEWPORT BEACH
A I 1 1. - M"'WoMAI a M
CITY
APPROVED AS TO FORM:
City Attorney Contractor
By
Its
CONTRACTOR
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1981 -82 SLURRY PROGRAM
CONTRACT NO. 2307
INDEX
TO
SPECIAL PROVISIONS
SECTION
PAGE
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . . .
. . 1
II.
QUALIFICATIONS OF BIDDERS AND BUSINESS LICENSE .
. . 1
III.
SCHEDULING AND COMPLETION OF WORK. . . . . . . .
. . 1
IV.
VEHICULAR AND PEDESTRIAN TRAFFIC CONTROL . . . .
. . 2
V.
NOTIFICATION TO RESIDENTS AND BUSINESSES . . . .
. . 2
VI.
WATER . . . . . . . . . . . . . . . . . . . . . .
. . 3
VII.
APPLICATION . . . . . . . . . . . . . . . . . . .
. . 3
VIII.
SLURRY . . . . . . . . . . . . . . . . . . . . .
. . 3
A. Mix Design . . . . . . . . . . . . . . . . .
. . 3
B. Materials . . . . . . . . . . . . . . . . . .
. . 4
IX.
TRAFFIC STRIPING AND PAVEMENT MARKINGS . . . . .
. . 4
I.
II.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
1981 -82 SLURRY SEAL PROGRAM
CONTRACT NO. 2307
SCOPE OF WORK
SP of
The work to be done under this contract includes constructing an emulsion -
aggregate slurry, hereinafter referred to as "slurry ", of various streets
in the City of Newport Beach as shown on the Plan (Drawing Nos. R- 5449 -L,
T- 5258 -S, 5259 -S, T- 5264 -S, T- 5265 -S, T- 5266 -S, T- 5272 -S, T- 5273 -S, T- 5275 -S,
T- 5276 -S, T- 5277 -S, T- 5278 -S, T- 5279 -S, T- 5280 -S, T- 5281 -S, T- 5282 -S.)
The contract requires completion of all the work in accordance with these
Special Provisions; the Plan; the City's Standard Special Provisions; the Standard
S t5 ci f tions for Public Works Construction, 1979 Edition and supplements to mate;
Internationa slurry ea Association Test Method No. T -100; and applicable por-
tions of the American Society for Testing and Materials Specifications.
QUALIFICATIONS OF BIDDERS AND BUSINESS LICENSE
Only bids from responsible bidders will be considered. To qualify as a responsible
bidder, the Contractor shall have a successful performance record in the applica-
tion of Cationic or Anionic quick -set slurry and shall have actually placed at
least 5,000 extra long tons. Bidders shall submit, with their bids, the name of
the proposed foreman who must have a minimum of two years' experience in this type
of work. This foreman shall be present whenever slurry is being applied.
III. SCHEDULING AND COMPLETION OF WORK
The Contractor shall submit to the Engineer within 10 days after notification of
award (1) a complete schedule of work showing the geographical areas and the
approximate periods of time planned for work in each area, and (2) a proposed
slurry design mix, See Section VIII -A. No work shall begin until the schedule of
work and slurry design has been approved by the Engineer. Requests for changes
in the schedule may be submitted to the Engineer for approval at least 72 hours
prior to the scheduled slurry of streets.
All work under this contract shall be completed by August 31, 1982, (or within
forty -five (45) consecutive calendar days after the start of obstruction to traffic,
whichever comes first).
It will be the Contractor's responsibility to ensure the availability of all
materials prior to the start of work. Unavailability of materials will not be
sufficient reason to grant the Contractor an extension of time.
IV.
• • SP2of 5
VEHICULAR AND PEDESTRIAN TRAFFIC CONTROL
The Contractor shall schedule his operations so that all streets can be opened
to traffic by 4:00 P.M., except when unexpected weather conditions require a
longer curing period. In this event, the Contractor shall install sufficient
lighted barricades, interspersed within the treated lane to prevent use until
curing is completed.
On streets with raised median, the Contractor shall work on only one roadway at
a time. A minimum of one open traffic lane shall be maintained at all times on
the roadway being slurried. On undivided streets, a minimum of one open traffic
land in each direction shall be maintained at all times unless otherwise per-
mitted by the Engineer. Street closures must be approved by the Engineer.
The Contractor shall submit to the Engineer a Traffic Control Plan showing the
signing and traffic flow for a typical street three (3) working days prior to
the start of work in each area.
Work shall not begin in that area until the Traffic Control Plan has been
approved by the Engineer.
Where any restrictions herein mentioned necessitate temporary prohibition of
parking during construction, the Contractor shall furnish, install, and maintain
in place "NO PARKING" signs (even if streets have posted "NO PARKING" signs)
which he shall post at least 40 hours in advance of the need for enforcement.
In addition, it shall be the Contractor's responsibility to notify the City's
Police Department, Traffic Division, at (714) 644 -3742, for verification of post-
ing at least 40 hours in advance of the need for enforcement.
The signs shall (1) be made of white card stock; (2) have minimum dimensions of
12 inches wide and 18 inches high; and (3) be similar in design and color to
sign number R -38 on the Caltrans' Uniform Sign Chart.
The Contractor shall print the hours, day and date of closure in 2- inch -high
letters and numbers. A sample of the completed sign shall be approved by the
Engineer prior to posting.
Vehicular and pedestrian access shall be maintained at all times to businesses
and residences adjacent to the project area; however, where conditions preclude
such access for reasonable periods of time (as determined by the Engineer),
access shall be restored at the end of each work day.
When necessary to provide vehicular or pedestrian crossing over fresh slurry,
the Engineer shall direct the Contractor to spread sufficient sand on the
affected area to eliminate tracking or damage to the slurry.
V. NOTIFICATION TO RESIDENTS AND BUSINESSES
Between 48 and 55 hours before closing a section of street or alley or restrict-
ing vehicular access to garages or parking spaces, the Contractor shall distri-
bute to each affected address a written notice stating when construction opera-
tions will start and approximately when vehicular accessibility will be restored.
The written notices will be prepared by the Engineer. The Contractor shall
insert the applicable dates at the time he distributes the notice. Errors in
E
• SP3of 5
distribution, false starts, acts of God, stricken or other alterations of the
schedule will require Contractor renotification using an explanatory letter
furnished by the Engineer.
VI. WATER
The Contractor shall make provisions for obtaining and applying water necessary
to perform his work. If the Contractor elects to use City water free of charge,
it shall be his responsibility to make arrangements by contacting the City's
Utilities Superintendent, Mr. Gil Gomez, at (714) 640 -2221.
VII. APPLICATION
Insofar as is possible, slurry shall be applied to cul -de -sac areas in the early
morning.
Add the following in lieu of the first sentence of subsection 302 - 4.32 "Spreading ":
Prior to applying the slurry, the surface to be slurried shall be cleared and
cleaned by the Contractor of all loose material, vegetation, oil, and other
objectionable material.
In addition to subsection 302 -4.32 "Spreading ", it shall be the Contractor's
responsibility to protect and clean slurry from existing street markers, reflectors,
and valve, monument, and manhole covers.
VIII. SLURRY
A. Mix Design
The Contractor shall submit a slurry mix design and the results of the
International Slurry Seal Association Test Method No. T -100 wet track
abrasion test, performed on the design mix, to the City for approval within
ten (10) calendar days after notification of award of the contract by the
City. The design mix shall be such that the maximum allowable wear value
is 75 grams per square foot of emulsified asphalt when subject to the wet
tract abrasion test. The Contractor will be responsible for tests needed
for verification of the mix design and materials. (This does not include
field tests needed for control of construction, except as otherwise noted
herein.)
The results of the test shall be reported as follows:
1. The average wear value (WTAT loss) in grams per square foot for
each quantity of emulsified asphalt.
2. Total water added (percent based on aggregate weight) to arrive at
pouring consistency. Mixing water shall be held to a minimum.
3. Any tendencies observed towards mix segregation during preparation.
4. Observations as to texture, signs of surface skinning, or tackiness
in the specimen during test.
0
• SP4of5
5. The type and percentage of admixtures added. . . .if required to
overcome mix segregation at free - flowing consistency and to adjust
the curing time.
Materials
1. Emulsified Asphalt
Emulsified asphalt shall be of the Cationic quick -set Type QSK -h,
Type I, using penetration grade 60 -70 paving asphalt as a base. If
Cationic QSK -h is not available Anionic QS -1H emulsion may be used
as an alternate. Emulsified asphalt shall meet the following speci-
fication when tested according to appropriate ASTM methods:
Emulsion
Furol Viscosity at 770 F. Sec.
Residue from distillation; % by weight
Sieve Test (% retained on No. 20)
Storage stability; one -day settlement
Residue
Penetration @ 770 F
Solubility in Trichlorethylene, %
Ductility at 770 F, cm.
ASTM Test No.
20 -100
D244
57 min.
D244
10 max.
D244
1% max.
D244
40 -110 sec.
D5
97.5 min.
D2042
40. min.
D113
The Contractor shall submit to the Engineer certified copies of test
reports in accordance with Std. Spec. of 203 -1.3.
2. Aggregate
Aggregate shall be per Std. Spec. of 203 =5.2.
3. Admixtures
Portland cement shall be used as the accelerator for Anionic Emulsion -
Aggregate Slurry and Ammonium Sulfate in liquid form shall be used as
a retardant for Cationic Emulsion- Aggregate Slurry. The amount of
admixture shall be that amount necessary to adjust the curing time to
conform with the provisions of Section VIII of these Special Provisions
and to prevent the slurry from setting up prematurely in the spreader
box. Any other admixtures and proportioning system shall be subject to
evaluation and approval by the Engineer.
IX. TRAFFIC STRIPING AND PAVEMENT MARKINGS
This item of work shall be done in accordance with section 210 -1.6 "Paint
for Traffic Striping, Pavement Marking and Curb Marking" and Section 310 -5.6
"Painting Traffic Striping, Pavement Markings, and Curb Markings" of the
Standard Specifications, except as supplemented or modified below:
I1
�J
• SP5of 5
Paint for traffic striping and pavement markings shall be white Formula
Number 42A9 and yellow Formula Number 480A9 as manufactured by J. E. Bauer
Company or approved equal.
Delete paragraph 1 of Subsection 310 - 5.6.7, "Layout, Alignment, and
Spotting," of the Standard Specifications for Public Works Construction
and add the following:
The Contractor shall perform all layout, alignment and spotting.
The Contractor shall be responsible for the completeness and accuracy
of all layout alignment and spotting. Traffic striping shall not vary
more than 1/2 inch in 50 feet from the alignment shown in the plans. The
Contractor shall mark or otherwise delineate the new traffic lanes and
pavement markings within 24 hours after the removal of the existing striping
and markings. No street shall be without the proper striping over a weekend.
Payment
All work, materials, labor, etc. relating to traffic stripes, pavement
markings, and pavement markers for removal, painting, and repainting as
shown on the plans, shall be included in the "Lump Sum" bid.
(o .
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CITY OF NEWPORT BE
PUBLIC WORKS DEPARTMEI
1981-82
SLURRY SEAL PROGRAM
C - 2307
DRAWN R.G. DATE 31111
APPROVED
PUBLIC WORKS DIRE
R.E. NO.
DRAWING NO. R- 5449 -1
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CITY OF NEWPORT BE
PUBLIC WORKS DEPARTMEI
1981-82
SLURRY SEAL PROGRAM
C - 2307
DRAWN R.G. DATE 31111
APPROVED
PUBLIC WORKS DIRE
R.E. NO.
DRAWING NO. R- 5449 -1
B
..,7 .
20 T� srI
i
PAVEMENT AREA
E SLURRY SEALED
E PAVEMENT 5;'W1P1Na gA10
M4,(-W1N6 TO BE GONE
BY 0711,FRS.
:('EEP CLEAR"
'E1WER6ENCY ACCESS ROAD"
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NEWPORT PJER�\
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1981-82
SLURRY SEAL PROGRAM
C- 2307
HEET 2 OF
DATE I
APPROVED
PUBLIC WORKS DIRE(
R.E. NO..
DRAWING No. R- 5449 —L
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1981-82
SLURRY SEAL PROGRAM
C-2307
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SEALED
.20.
APPROVED
DATE
•
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PUBLIC WORKS DIRECTOR
R.E. NO. ZA2.6
DRAWING No. R- 5.449- L
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` PAVEMENT AREA TO BE
SLURRY SEALED
SCALE illl� I 80
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1981-82
SLURRY SEAL PROGRAM
C -2307
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1981-82
SLURRY SEAL PROGRAM
C -2307
DRAWN R.G. DATE
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PUBLIC WORKS DIRE
R.E. NO. O6
DRAWING NO. R- 5449 -L
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1981-82
SLURRY SEAL PROGRAM
C -2307
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DRAWN RR. DATE 5/11/82
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PUBLIC WORKS DIRE X06
R.E. NO.
DRAWING NO. R- 5449 —L
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Page 1
. CITY OF NEWPORT BEACH Proposal
PUBLIC WORKS DEPARTMENT
PROPOSAL
1981 -82 SLURRY SEAL PROGRAM
CONTRACT NO. 2307
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663 -3884
Gentlemen:
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 pro-
poses to furnish all materials and do all the work required to complete this Contract in
accordance with the Plans and Special Provisions, and will take in full payment therefor the
following unit price for the work, complete in place, to wit:
WRITTEN IN WORDS
1. 2,700 Furnish all labor, equipment and material;
Extra Long and perform all work necessary to prepare
Tons for and apply emulsion- aggregate slurry
as shown on the plan
CE
@ fiFTY TWE15-: Dollars
E 1 G ►-11Y _T1 R�>; , Cents $ 23, 83 $
Per Extra Long Ton
2. Lump Sum Traffic striping and pavement markin s
;FiFfr-eN Tl` - i-4�SP SEVIEhJ
@ NU ViMp 4--1F'IY Dollars
and
NliDo Cents
Per Lump Sum
TOTAL PRICE WRITTEN IN WORDS:
OtifE oMiyi t7 SIXTY- -ot4e -rFU n� SJio71( CANE Dollars
_ and
bSa�tDO Cents
z
379937 - Class A ECNA, INC.
Contractor's Lic. No. & Classification Bidder
607 -258- 44
idder s e ep h one No.
June 17, 1982
Date
gnature/ i i t i e
$ IS 5O =
$ t IDgI.=
642 N. 17th Ave., Phoenix, Az 85007
Bidders Address
ORIGINAL
` 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)
S. 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.
379937- Class A
Contr's Lic. No. & Classification
June 17, 1982
ite
ECNA, INC.
I Pres.
uthorizeduthorized 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
l . Syp { PIrSU eonis �Y- N1aJ l G rl Y 45 i 1�1. �,�1 bw� J�.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
ECNA, INC.
r
C�l�12�i Pres.
Authorized Signatur6/,Title
• • Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, .4CAIr4 37r171r . as bidder,
TRA NSAMERICA INSURANCE COMPANY
and as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
.m &!Aau Apr- f�.rr rArt �-n°,�� '�E *r ��"E.Q'' CjFSJT�`0� %, J, 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
1981 -82 SLURRY PROGRAM 2307
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 17th day
of June , 19 82
Nt 4�mkc..rr_.v.ir...,ene,..,.rs
(Attach acknowledgement of
Attorney -in -Fact)
Notary Public
ECNA, INC
STATE Of CALIFORNIA
ECNA
INCORPORATED OCT. 26, 1976
gnature /litre Pres .
TRANSWERICR INSURANCE COMPAW
Commission expires 8 -13 -84 Surety
By
Title CHARLES J.,)NEST o�N1
In
_..__ _�
Transameica •
Insurance Services Transamerica Insurance Company
A STOCK COMPANY HOME OFFICE: LOS ANGELES, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does
hereby make, constitute and appoint
JOHN J. GALLAGHER OR CHARLES J. WEST
OF PHOENIx, ARfZONA --EACH- -
its true and lawful Attorney(s)-in -Fact, with full power and authority, for and on behalf of the Company as
surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances or other written obligations in the nature thereof, as follows: AN y AND AL L
BONDS AND UNDERTAKINGS IN AN UNLIMITED AMOUNT, IN ANY SINGLE INSTANCE, FOR
OR ON BEHALF OF THIS COMPANY, IN ITS BUSINESS AND IN ACCORDANCE WITH
ITS CHARTER,
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said
Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by -laws of the Company which by -laws
are now in full force and effect:
ARTICLE VII
SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity,
endorsements, stipulations, waivers, consents of sureties, re- insurance acceptances or agreements, surety and co- surety obligations and
agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly
executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or
Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice President, or (iv) any other person
empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance
shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a
facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute
or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following
resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the
17th day of October 1963.
"Resolved, That the signature of any officer authorized by the By -laws and the Company seal may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance
or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the
original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force
and effect as though manually affixed."
IN WITNESS WHEREOF, TRANSAMERICA
to be signed by its proper officer and its corporate seal
NOVEMBER 11980
State of California
county of Los Angeles ) ss
INSURANCE COMPANY has caused these presents
to be hereunto affixed this 4T H day of
By
J. W. FLESHMAN, Vice President
On this 4TH day of NOVEMBER , 196Q before me personally came J.W. Fleshman to me
known, who, being by me duly sworn, did depose and say: that he resides in the City of Sierra Madre, State
of California; that he is a Vice - President of Transamerica Insurance Company, the corporation described in
and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed
to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board
of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
OFFICIAL SEAL
ELIZABETH AHERNE l
NOTARY PUBLIC L NIA J
MtmCIPAI OFFICE
t LOS ANGELf8
My Comm sson Exp. .1980 Notary Public
17198 (Over) (5-80)
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o;unaJay aney I ;oajo4m Auow!lsal ul •a3io; w lllis aie Aauao44y ;o Jannod pies w y1Jo; )as 'sJohaJlp
;o pjeog ay; ;o uollnjosaa ay1 pue Auedwoo ayl ;o sme-1 -AB ayl ;o HA alal}JV ;o pC uoi1oaS leyi
A pjoo jaypin; pue'aojo; ul Ilns sl pue Adoo loexe pue ania a sl gjjo; las ajo;aq ulajay Aauaoj3V ;o jamod
ayl leyl A;Iljao Agajay op'Auedwoo aouejnsul eouawesuejl ;o zuapisaad aoln IuelslssV 'Aauuel'H 'f 11
State of Arizona
County of Maricopa
On this o ° day of June,19K before me personally came CHARLES J.
WEST to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Phoenix, State of Arizona; that he is ATTORNEY -IN FACT
of Transamerica Insurance Company, the corporation described in and which ex-
ecuted the above instrument; that he knows the seal of said Corporation;
that the seal affixed to the said instrumeit.is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said cor-
poration and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation. —
My commission expires: a_t -y a- ..f,/ai °.✓
Aug. 13, 1984 Notary Public
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 17th day of June
19B2—.
My commission expires:
ECNA, INC,
Pres.
% Authorized Signatul-e /Title
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.
ECNA, INC.
Bidder
CynG,y✓{l, Pres.
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
We recently purchased this Corporation and the past records have not been
examined.
Our proposed foreman on this job will be Mr. Jerry Phipps who has been
associated with slurry seal work for approximately 15 years.
I
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ECNA, INC.
Bidder
Pres.
sized Signature /Title
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TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: 1981 -82 SLURRY PROGRAM, C -2307
RECOMMENDATION:
June 28, 1982
CITY COUNCIL AGENnA
ITEM N0. —
JUN 2 8 1982
By the CITY COUNCIL
CITY OF 0*71 T RUCH
Award Contract No. 2307 to ECNA, Inc., for $161,091, and
authorize the Mayor and the City Clerk to execute the contract.
DISCUSSION:
At 11:00 A.M. on June 17, 1982, the City Clerk opened and read
the following bids for this project:
Bidder
Amount Rid
Low ECNA, Inc. $161,091
2 Ted R. Jenkins 161,550
3 Roy Alley Slurry Seal, Inc. 189,860
4 Pavement Coating Co. 195,375
The low bid is 8% below the Engineer's estimate of $175,000.
This project provides for slurry sealing approximately 5,000,000
square feet of asphalt streets in the West Newport, Eastbluff, Spy Glass
Hill, Irvine Terrace, Newport Center, and Harbor Highlands areas of the
City, as shown on the attached exhibit. The slurry treatment will extend
pavement life and delay the need for costly resurfacing.
The low bidder, ECNA, Inc., has recently been purchased by Slurry
Seal of Arizona. Although ECNA has not previously performed contract work
for the City, a reference check reveals that the parent corporation has
satisfactorily completed many similar projects at defense installations in
southern California and in other cities in the southwest.
Sufficient funds are available in the Street and Alley Seal Coat-
ing Program, Account No. 02- 3381 -014.
The plans and specifications were prepared by the Public Works
Department. The contract requires completion of all work by August 31, 1982.
v 4�) X4
Benjamin B. Nolan
Public Works Director
GW:jd
Att.
vy dr DIRECTOR
DRAWING N0. R.E. N0.
pw
TO BE SLURRY 54,9Ze0
�em
�o� Qom.. �� , �. N, A�
. . . . . . . . . . . .
m
Y A,
CITY OF NEWPORT BEACH DRAWN --ejg-�— DATE -41�92
PUBLIC WORKS DEPARTMENT APPROVED
82 PUBLIC WORKS DIRECTOR
54egloq4ey p#vo4f#fA*w R.E.
C- 2307 DRAWING NO. exA1149NO.
1
THE NEWPORT ENSIGN
n
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 -brit.
May 26, 1982
certify (or declare) under penalty of perjury that the
foregoing is true and correct. Dated al Newport
Beach, California, this 26 dayofMay ,199622
Signature
THE NEWPORT ENSIGN
2721 E. Coast Hwy., Corona del Mar, California 92625.
G -a3o�
space- :a for the County Clerk's Filing Stamp
A
PUBLIC NOTICE NOTICE INVITING BIDS
Proof of Publication of
PROOF OF PUBLICATION
PUBLIC NOTICE
Non" INVInNG BIDS
Sealed
. ul the
BW . wyoM „ bnmety a y C llypm e kCr. eA cn 96 eew al wthd e
-
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TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT #87 BrJ`i U]tfitY PROGRApf; C =2307
May 24, 1982
CITY OC 1 AGENDA
N
ITEM N0. . —1
RECOMMENDATIONS: r C' t e " 41.
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to be
opened at 11:00 A.M. on June 17, 1982.
DISCUSSION:
This project provides for slurry sealing approximately
5,000,000 square feet of asphalt streets in the West Newport,
Eastbluff, Spy Glass Hill, Irvine Terrace, Newport Center, and Harbor
Highlands areas of the City, as shown on the attached exhibit. The
slurry treatment will extend pavement life and delay the need for
costly resurfacing.
The estimated cost of the work is $175,000. Sufficient
funds are available in the current street and alley seal coating
program account.
The plans and specifications were prepared by the Public
Works Department. The contract requires completion of all work by
August 31, 1982.
4� - -a. k4
Benjamin B. Nolan
Public Works Director
GW:jd
Att.
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CITY OF NEWPORT BEACH DRAWN .P.6. DATE s 92
PUBLIC WORKS DEPARTMENT APPROVED
PUBLIC WORKS R.E. NO.
54daR#eY KS DIRECTOR
DRAWING NO. exhplal r
C- Z307