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HomeMy WebLinkAboutC-2452 - 1984 Miscellaneous Alley Improvements• CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 March 19, 1985 NOBEST INCORPORATED P.O. Box 874 Westminster, CA 92684 (714) 644 -3005 Subject: Surety: Aetna Casualty and Surety Company Bonds No.: 86 SB 034 366 Contract No. :- s Project: 1984 Miscellaneous Alley Improvements The City Council on February 25, 1985 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 by the Orange County Recorder on March.4, 1985, Reference No. 85- 075054. Please notify your surety company that the bonds may be released 35 days after this date. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works 1Pwnrd Newnort Beach 85-- 015054 PLEASE. RETURN TO E,epp �o,mnq ,equeet pe City Clerk //�j�%/IGGc� . aoe Ta c F,M City of Ne Bach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 NOTICE OF COMPLETION NO ��'I1E13ATI0N PUBLIC WORKS I EXEMPT C11 'I o All Laborers and Material Men and to Every Other Person Interested'. YOU WILL PLEASE TAKE NOTICE that on the Public.Works project consisting of 1984 Mice ' I �rry 'EACH, MAR 1 ?, ]985 • CITY RECEIVE© s on which NOBEST INCORPORATED P.O. Box 874, San Bernardino, CA Westminster, CA 92684 was the contractor, and Aetna Casualty and Surety Co., P.O. Box 1315, was the surety, was completed. VERIFICATION I, the undersigned, say: CITY OF NEWPORT nBEACH u / /fjJ�! / /� /) v Public Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on jat Newport Beach., California. Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport -accepted the he City Council bed work as City on February 25, 1985 completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 27 1985 at Newport Beach, California. � W City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK F.O. BOX 1768, NEWPORT BEACH. CA 92658 -8915 February 28, 1985 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: (714) 644 -3005 Attached for recordation is Notice of Completion of Public Works project consisting of 1984 Miscellaneous Alley Improvements, Contract.No, 2452-'on which Nobest Incorporated was the Contractor and Aetna Casualty and Surety Company was the Surety. Please record and return to us. Sincerely, a�o� e 4r Wanda E. Raggio City Clerk WER :pm Attachment cc: Public Works 3300 Newport Boulevard, Newport Beach L BY THE CITY COUNCI! CITY Of NEWPORT BEACH FEB 2 5 1985 fti TO: CITY COUNCIL FROM: Public Works Department February 25, 1985 CITY COUNCIL AGENDA ITEM NO. F -14 SUBJECT: ACCEPTANCE OF MISCELLANEOUS ALLEY IMPROVEMENTS, 1984 (C -2452) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the construction of alley improvements in Newport Heights and Lancaster's Addition has been completed to the satisfaction of the Public Works Department. A sketch showing the areas is attached. The bid price was $69,175.09 Amount of unit price items constructed $79,487.46 Amount of change orders None Total contract cost $79,487.46 Funds were budgeted in the General Fund, Account No. 02- 3384 -015. The City will be reimbursed by the benefited property owners under the procedures of Chapter 27 of the Improvement Act of 1911. The increase in the amount of unit price items constructed was due primarily to an error in the original estimate for the area of alley pavement in Newport Heights and the need for additional street patching at the alley approaches. The contractor is Nobest, Inc., of Santa Ana, California. The contract, awarded on September 24, within 60 days resulting in a completion date of the weather the actual start of construction was 1984. The work was then completed in 32 days on a, kztl Benjamin B. Nolan Public Works Director GPD:jd Att. 1984, required completion November 23, 1984. Due to delayed until November 19, December 20, 1984. 7 133d'1S 1f�'d A!b/11L 4 O Nf `� It L 33dfLS , .' .� N.;_ an•r:/:; rA'.' ¢NV03S -J dAft e i b0-99 � V i O lnO \Y 5•i \\ ®YS-n w \ • O .L . O O m 3MV-4 b 0 bNb b1NYS 1 •c Y� ' 0 t tr770r eo%1 V CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR PUBLIC WORKS FROM: CITY CLERK DATE: 10/17/84 SUBJECT: Contract No. 2452 Description of Contract OFFICE OF THE CITY CLERK (714( 640 -2251 1984 Miscellaneous Alley Improvements Effective date of Contract October 17, 1984 Authorized by Minute Action, approved on September 24, 1984 Contract with Nobest, Inc. Address P.O. Box 874 Westminster. CA 92684 Amount of Contract $69,175.09 Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • U 7 N w 5 S- 0 � L) O to N D E 3 A O d r U U .N N A .� G j 3 O N kA� i CO d 61 A Y G O N y 0 O U 'r co G f 6 f N O O G N L O G O Tai N U N i 00 d j 4 0 .� O O U 4 S- ' L d d 6 • 0 G u- - w0 y A5-0 L 7O p'N W -, In A s' L N.� N U G r� 3O 40 3 Ln Ln G d O i r N r Q N O a� G A r S U N co d' 6� r LO d' N J • 0 October 15, 1984 TO: CITY CLERK FROM: Public Works Department SUBJECT: 1984 MISCELLANEOUS ALLEY IMPROVEMENTS, C -2452 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 this department. Kenneth L. Perry Project Engineer KLP:em Att: CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 a.m. on the 12th day of September, 1984, at which time such bids shall be opened and read for e 2452 Contract No. • . • 0 \�r �I FO RN% Approved by the City Council this 13th dda�a_�y of August , 1984 C.. • lam/ %1��iYt`_ Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Kenneth L. Perry at 640 -2281. Project Engineer • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1984 MISCELLANEOUS ALLEY IMPROVEMENTS CONTRACT NO. 2452 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instruction to Bidders, has examined the Plans and Special Provisions, and hereby proposes 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: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE WORK IN ALLEYS 125 AND 105 -C 1. Z Remove existing alley approaches and Each construct new alley approaches in Alley #125, for the unit price of Seven Hundred Eighty Dollars and No Cents $ 780.00 $ 1,560.00 Each 2. Lump Sum Remove existing alley approach and construct new alley approach in Alley #105 -C for the lump sum price of: Two Thousand Two Hundred Fifteen Dollars and Cents Lump Sum 7,758 Construct 61" -thick pavement over Square Feet compacted native materials, for the unit price of: Two Dollars and Ninety -eight Cents Per Square Foot $ 2,215.00 $ 2.98 $ 23,118.84 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 3 Adjust sewer manholes to grade Each for the unit price of: @ Two Hundred Dollars and No Cents $ 200.00 $ 600.00 Each 5. 2 Adjust water valve covers to grade, Each for the unit price of: @Forty -five Dollars and No Cents $ 45.00 $ 90.00 Each 6. 17 Adjust water meter boxes to grade, Each for the unit price of: @Forty -five Dollars and No Cents $ 45.00 $ 765.00 Each 7. 288 Construct new 4" P.C.C. garage approach sq. ft. over C.N.M., including sawcutting, removals and disposal of existing for the unit price of: @Two Dollars and "'e"' five Each $ 2.25 $ 648.00 Per Square Foot 8. 404 Construct new 4" A.C. garage approach sq.ft. over C.N.M., including sawcutting removals and disposal of existing, for the unit price of: @Two Dollars and Seventy _Cents $ 2.70 $ 1,090.80 Per Square Foot 9. Lump Sum Perform construction staking in alleys 125 and 105 -C, for the lump sum price of: One @One Thousand One Hundred Sixty- /Dollars and Nn Cents ump 1,161.00 $ 1,161.00 SUBTOTAL WORK IN ALLEYS 125 and 105 -C $ 31,248.64 0 0 PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE WORK IN ALLEYS 339 and 341 -B 10. 2 Remove existing alley approach and construct Each new alley approach in alley 339 for the unit price of: @ Six Hundred Thirty Dollars and No Cents $ 630.00 $ 1,260.00 11. 7945 Construct 61" thick P.C.C. pavement over sq.ft. C.N.M., for the unit price of: @ Three Dollars and Sixty -six Cents $ 3.66 $ 29.078.70 Per Square Foot 12. 2 Adjust sewer M.H. to grade, for the Each unit price of: @ Two Hundred Dollars and No Cents $ 200.00 $ 400.00 Each 13. 18 Adjust water meter boxes to grade, Each for the unit price of: @ Forty -five Dollars and No Cents $ 45.00 $ 810.00 14. 635 Construct new 4" P.C.C. garage approach sq.ft. over C.N.M.,including sawcutting, removals, and disposal, for the unit price of: @ Two Dollars and Five Cents $ 2.05 $ 1,301.75 Per Square Foot 15. 1500 Construct new 4" A.C. garage approach over sq.ft. C.N.M. including sawcutting, removals and disposal, for the unit price of: @ Two Dollars and Sixty -one Cents $ 2.61 $ 3,915.00 Per Square Foot 0 0 PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Perform construction staking in alleys 339 and 341 -B, for the lump sum price of: @One Thousand One Hundred Sixty -one Dollars and No Cents $ 1 161.00 $ 1,161.00 Lump Sum SUBTOTAL WORK IN ALLEYS 339 and 341 -B TOTAL PRICE WRITTEN IN WORDS: Sixty-nine Thousand One Hundred Seventy -five Dollars and CONTRACTOR'S LICENSE N0. 359622 A DATE September 12, 1984 BIDDER'S TELEPHONE N0. (213) 595 -0839 NOBEST INCORPORATED BIDDER S NAME S/Larry Treasurer AUTHORI ED SIGNA URE /TITLE BIDDER'S X11• • / i1, 874, Westminster. • •8 $ 37,926.45 $ 69J75,09. M 9 0 INSTRUCTIONS TO BIDDERS Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 359622 A Contr's Lic. No. & Classification uT i•� •:, NOBEST INCORPORATED Bidder S/Larry Nodland, Treasurer Authorized Signature /Title • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 NOBEST INCORPORATED Bidder S /Larry NodIand, Treasurer Authorized Signature /Title M OOR ORIGINAL SEE CITY CLERK'S A COPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, NOBEST INCORPORATED , as bidder, and THE AETNA CASUALTY AND SURETY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Total Amount Bid 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 1984 MTSCFI MPROVFMENTS 2452 T of A oect 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 12th day of September , 1984. NOBEST INCORPORATED Bidder (Attach acknowledgement of Attorney -in -Fact) S/ arry Nodland. Treasurer Linda n. coat,. Notary Public Authorized Signature /Title Commission expires April 30 1986 THE AETNA CASUALTY AND SURETY COMPANY Surety By S /Douglass A. Rapp Title Attorney -in -Fact • 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. NOBEST INCORPORATED Bidder S /ROBERT NODLAND Authorized Signature /Title Subscribed and sworn to before me this 12th day of September , 1984. My commission expires: July 27, 1984 S /Larry Nodland Notary Public •R ORIGINAL SEE CITY CLERK'S FI.COPY 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. On file with City Clerk. NOBEST INCORPORATED Bidder S /Larry Nodland, Treasurer Authorized Signature /Title • • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENC 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. See attached sheet. �� - $/Larry Nodl and • TrPacnrPr Authorized Signature /Title Nobest Incorporated P.O. Box 874 Westminster, CA. 92684 Project Client Completion Date Amount Kenny St. Imp. City of Norwalk 3 -83 11,390.00 119th St. L.A. Co. Road Dept. 3 -83 Westminster Ave. City of Long Beach 5 -33 32,685.00 Oso Veijo Park Alcorn Fence Co. 5 -83 9,204.00 Bluff Park curb CK Pump & Dewaterin 5 -83 6,294.0 P.C.C. Repair Battery Plates MGF. Co. 6 -83 8,492.00 Misc. P.C.C. Repair City of Manhattan Beach 7 -83 4,920.00 Alley Reconst. City of Bellflower 8 -83 31,231.00 Alley Reconst. City of Culver City 9 -83 57,481.00 Vans St. Imp. City of Paramount 10 -83 113,957.00 Yorktown Ave. City of Huntington Beach 10 -83 38,328.00 Main St. Imp. Stieny & Co. Inc. 12 -83 68,967.00 Alley Reconst. City of Anaheim 12 -83 110,699.00 Sidewalk Imp. City of La Habra 12 -83 64,614.00 Bus Bays City of Costa Mesa 1 -84 29,111.00 Banbury Ave. City of Westminster 1 -84 5,425.00 Gutter Const. City of Downey 1 -84 33,716.00 Median Imp. Aka °ani Landscape Inc. 1 -84 7,471.00 Median Imp. City of Paramount 2 -84 13,725.00 Misc. P.C.C. Imp. Mendoza Contracting 2 -84 11,165.00 W.C. Ramps T.S.C. Electric 2 -84 2,406.00 Cul DE Sac Closure City of Culver City 2 -84 104,995.00 Talbert & Newland City of Huntington Beach 2 -84 1,800.00 Alley Reconst. City of Culver City 3 -84 13,982.00 Misc. P.C.C. Imp. City of Hawthorne 3 -84 43,610.00 Otis Park Concrete Artistic Landscape 3 -84 2,430.00 Misc. P.C.C. Repair John T. Malloy 3 -84 2,251.00 Buffalo Hills Park City of Newport Beach 3 -84 34,366.00 Doi, Tuttle Park Imp. City of Burbank. 4 -84 53,750.010 alley Reconst. City of Glendora 4 -84 - -, 34.00 Bluff Park Concrete Aka Tani Landscape 5 -83 22,220.00 Median Curb Mendoza Contracting 5 -84 2,000.00 Parking Lot Repair Certified Alloy 6 -84 ?,918.00 Median Imp. Sullivan Conc. Textures 7 -84 16,550.00 Misc. P.C.0 Imp. Mendoza Contracting 7 -84 2.054.00 Pits 1 & 2 Certified Alloy 7 -84 5,754.30 Genesha Blvd. Imp. Britton Construction 8 -84 143,£34.00 Shuffleboard Courts City of L.A. Par } : &[zec. 8 -81 26,450.00 Expossed Agg. Road Sullivan Conc. Textures 8 -84 200,000.00 If further references are required nleasc do not hesit:,tc to contact our office at 213 -595 -0839 0 Page 8 NOTICE The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives a 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 (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Rat in? 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 , except as supplemented or modified by the Special Provisions for this project. • KNOW ALL MEN BY THESE PRESENTS, That • Page 9 PAYMENT BOND Bond No. 86 SB 034 366 Premium: Included WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 24 1984 ' has awarded to NOBEST INCORPORATED hereinafter designated as the "Principal ", a contract for 1984 MISCELLANEOUS ALLEY IMPROVEMENTS (C -2452) 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 as Principal, and Nobest The Aetna Casualty and Surety Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Sixty -nine thousand one hundred seventy -five and 09 /100'sDollars ($ 69,175.09 said sum being equal to 100% 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 , I r r. • r 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 3rd day of October , 19 84 (Seal) Name of Contractor Principal Authorized ignature' and Title'— ut or'fi riized Signature and Title The Aetna Casualty and Surety Company (Seal) Name of Surety P.O. Box 1315 San Bernardino, CA 92402 Ad ess of Suret ApprDxed as to fo Signa re and i e o Authorized gent rrtr`�1G� Do A. Rapp, AttorneyA Fact P.O. WA P.O. Box 647 Rosemead C CA 91770 Address of Agent City Attorney 818 - 571 -6560 Telephone No. of Agent • 0 ry r N om o; 1 I 0 3 s n O N a a N o � o r y w � V D Y O D 7 7 9 Q { �< z� 4m a � � n n < D � o � o Q N O C j = w m � (7 ° a _ y^ O O Q w N O d F � c � m w m No 3 n o m m C z m < o T O D r 0 r Z O n m � Y O y � � N N N m' n w O ° � O n � y w O n bJ o � m n v N N � O ry N `G - N � w w a � m a 00 n 'p w f m ° o = VJ N O O O O .Ni w nS" � CT1 w 9 w ° O � N p °Nd v- r ° �?< H° Hn � � n n < D � o � o Q N O C j = w m � (7 ° a _ y^ O O Q w N O d F � c � m w m No 3 n o m m C z m < o T O D r 0 r Z O n m � Y O y � � N N N m' n w O ° � O n � y w O n bJ o � m n v N N � O ry N `G - N � w w a � m a 00 n 'p M r' n( n w r m r r- r- , a m 8 m N cr N N C m rt a a � a n a• x r- m m m ;o -3 H 3 =' a A 4'v2D a rt rt IN rt O rt o n m w k 1 O r- a a 1 V M w N a n a z rt w O • M r1 a o M M k ro m n r a t r0{ rn a a w rt r• rt Q C M r' n( n w r m r r- r- , a a g r m a a a m f! M m O a r k K 0 0 0 m 0 tr rD x N N O l� Ui h ' N a a H l* n K 6 L o M rt o „I rr. K rt U t' n z w w m r ' co co N N N " n N 0 a Pi r H+ a b m w H 0 tr m M 0 H w a tD ' d . O G K w m a m ' rs � N m r- ib � a a a z 0 n a N I I f. I r- n � o M E LlF &CJASt ALTY THE &TNA CA �.TY AND SURM COMPANY Ha Connecticut 06115 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYISHN -FACT KNOW ALL MEN BY THESEPRESENTS, THATTHE ,ETNACASUALTYANDSURETYCOMPANY, a corporation duly organized under the laws of tht State of ConnMicut, and having iM principal olfice in the City of Hartford, Country of Hartford, State of Cennxer.,, hash made, constituted and appointed, and done by The "prosertamite, conaififtod appoint Cerald W. RcsskopPr RiChatvi R. RDeSliopi, (lolmr•L 1:. Fosskrprr Dorald k:. Papp, Douglas A. Rapp, John I. ocDn,;M, hi chard C. Lloyd cl Sandra K. Witt - - 01 li,sempad, Cc1iPOrnia . itstmenndevdulAtorneyls) in- Foo, wiMa) 1powerandauthornyherebycenterre .! m dgn, execute and actnowletlpe, at any pierce within the United Staeaa, or, if the following line be Filed in, within the area there design lea • the following iMroment(s): by Ids/h o nd all er sle signatureandad, any a bonds, newgn'¢sfrnx¢, oonoecta of indemnity, and other wieings obligatory in the nature of a bend. recognizance, or conditional undenatirg. and any and At consenta incident thereto and to bind THE ATNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the du•s :mrrsedaMmrs of THE YETNAC'ASUALTYANDSURM COMPANY, endal theacts of said Atotrey(spiaFact, pursuantet the authority harem given, are hereby ratified and confirmed. This appointment is made under and by authority efts Following Standing Resolutions of Mid Company which Resolutions are now in full force and affect VOTED: That each ofthelollowirg oBrx»s: Chaimun,Ym Lts{msn,Preafdent Any Executive Vice President, Any Senior Vice President, Any V¢e President, Any Assistant Vicelshwiden, AM Secretary,Arry Weisterl Secretary, may froretime, to time appoint Resident Vice Presidents, Redeem Assistant SeeraadM, Attorneys -in FKt,&WAgenoWMbrx onb~aft COmpanyand maygiveanysuelt appointmauchaumortry as his cenifcate of authority may prescribe to sign with the C.ompearyvs name and Mel with the Company's seal bonds, recegnizances, com eas of indemnity, and other wMitrga obligatory in the nauroof a bond, recognizance, or conditional undertaking, and any of said efferse or the Board A Izmoms may of any tune remove any such appointee and revoke the power and awborify green him VOTED: That any bond, recogniaarxA. eontraetof indemnity, orwttingobligatory m the natu e.f! a bond, recognizance, or,,.rvb ioMd undertaking zhn0 oe valitl and Ending upon Me COmparry when lad, sigmd by Me Chairman the Vim Chairman, the Presidem, a� Execww. V,m President o Senior Vice President, a Vice President an Assistant Yrcet President or by a Resident Vim President pursuant to 'he power prescribed in the certificate of authority of such Residersvice Praeide d, arMduly allmted and sealed with the Company s Seal by a Secretary or Assistant Sacretary or by a Resident Assistant Secretary, pursumtto the pawerproscribed in thecenificateof authority df such Resident Assistant Secretary; or (b) rimy executed sunder Seal, if regubsM by one or More Anomeye. io-Fact pursuant to the power prescribed in his or Nee certificate or ceelficwtei >f authority. This Power of Attorney and Condemns of Audeenty is signed and sealed by facsimile under and by authority of the 101 m, ding Standing Resolute, i ,mum by the Board of Directors of THE .ETNA CASUALTY AND SURETY COMPANY which Resolution is now in eel force and e.ecg VOTED: That the signature of each ofthe following oflkers:C hainrran Vies Chairman, President. A.,Executive Vue President. Any Senior V..... Pesident Any Vise President,Airy Assislsnt4ieePemidens ,Arty Sattotary. Arty Assistant SxrrNary, and Ne seal of Nr Cumpeny may be afhxM n, fazstrnite 1. any power of attorney orb erne' mtlfirate relatrg t areto appointing Resident Vim Presidents, Resident! Assistant Secretaries ; At eneys -in -Fact for Wessels pray of exacutng and atmtrg bards and undenakings and other writings obligatoryio the nature thereof, and any such power of attorney or eanifieate beating such facsimile signenre pr facsimile seal shall be valid and binding upon the Company and any such power so executed add cartrfed by such emimie signaf weer and facaamile Mal shell be valid and binding upon the Company in Ihe future warn respect to any bond M unteteUnp to which it is enriched. IN WITNESS WHEREOF, THE ATNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Ass i stent Vice President .end ita cnrpomte real to leer hereto affixed Nis r'4Lh day of April •TS44 THE CASU TY AND SURETY COMPANY F' State of Connecticut J. T, Du M. Hartford Assistant ice Pres ant County of Hartford On this 24CD dsyof April .1984 , before me Personally mme J. T. DUFFY to me known, who, being by fro duly mwsen , did depwa end ash: that he/she is Assistant Vice President cf THE ATNA CASUALTY AND SURETY COMPANY, tae rTrpVaterr described in and which executed the above immummt; that he /she knows the seaiof Mid oyrPOtadon; thatq seal aBztad to" Said Instrument bwch corporate "all; and Ma he/she execrded f/M aid irttNmenl an behalf of the corporaion by authority of had'her olfim undies the StrKgng Resolutions thereof. - ta p _ ,. ✓` kfy' wnenia axpm Merdr 91, 19 86 Notary PWZ mow. CERTIFICATE George A. Perry, Jr, I, the ured e..ignM, Secretary of THE ATNA CASUALTY AND SURETY COMPANY, a stock carbonate. of the Stets of Connenled, DO HEREBY CERTIFY that ft fasepoirrg dead a ftM Power of AttonMy and Certificate of Authorty rermide in full form and has not beer, revoked; and hzrtWSagee. tlrot the Srtl6rgMeoks torts of That Bond of Directors, M Set forty in NM Cweficarteaf Authority. ace now in form. Signed and Staled at the Home Office of the Company, in the Cty of Hatlwtl. State of nneaiod,. Daed this 3rd dery .n October tp 84 /� "... ZZ B John W. Welch, Secretary IS- 1921 -13 IM) }A •t - -•••` PRINTO IN U.S.A. • • Page 11 FAITHFUL PERFORMANCE BOND Bond No. 86 SB 034 366 Premium: $623.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 24. 1984, has awarded to NogFST TNrnppnpA1Fn hereinafter designated as the "Principal ", a contract for 1984 MISCELLANEOUS ALLEY IMPROVEMENTS (C -2452) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Nobest Incorporated as Principal, and The Aetna Casualty and Surety Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Sixty -nine thousand one hundred seventy -five and 09 /100's Dollars ($ 69,175.09 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice 0 0 Page 12 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of October , 19 84 Nobest Incorporated (Seal) Name of Contractor (Principal) Y uth ��Signature Title i Authorized Sigrtature and Title The Aetna Casualty and Surety Company (Seal) Name of Surety P.O. Box 1315 San Bernardino, CA 92402 Address of Surety ,;Gtr Signat a and Titl of Authorized Agent Douglas A. Rapp, Attorney -in -Fact Approyed as to form: �j P.O. Box 647 Rosemead, CA 91770 _ Address of Agent Crty Attorney 818 -571 -6560 j Telephone No. of Agent i t 0 0 : \ k § | \( \ »\ , \ } § �!> \ ![ ® ;`r`! 0 Z g §§`; \ 0 / \3 /-3 (!■7 Rm 00 fao o/o \ (j \ \ � \ \ \ � aL \ } }} \00 • 11 (- STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE October 1, 1984 POLICY NUMBER: 440 -,84 P4564 CERTIFICATE EXPIRES: 10 =1 -s5 r City of Newport Beach Public Works 3300 Newport Blvd. Newport Beach, California 92660 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate 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. a,�CENT ' r L EMPLOYER Nobest 2747 Cherry Avenue Signal Hill, California 90806 1--�\ \ \\\ \ SCIF 10262 (REV. 11 -83) OLD 262A I �c � h T� \'4ar ".if 1t M�f 3%Y .�✓yo'/.i{ T Z t S ` ., j !. "✓ L Y ti��3 (- STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE October 1, 1984 POLICY NUMBER: 440 -,84 P4564 CERTIFICATE EXPIRES: 10 =1 -s5 r City of Newport Beach Public Works 3300 Newport Blvd. Newport Beach, California 92660 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate 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. a,�CENT ' r L EMPLOYER Nobest 2747 Cherry Avenue Signal Hill, California 90806 1--�\ \ \\\ \ SCIF 10262 (REV. 11 -83) OLD 262A City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED NOBEST INCORPORATED P.O. BOX 874 WESTMINSTER, CA. 92683 • CERTIFICATE OF INSURANCE Page 13 IES AFFORDING COVERAGES (Company A GREAT AMERICPNINSURANCE CO. ' 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, the Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: ROSSKOPF, RAPP & SCHMIDT INS. AGENCY Authorized Represent u 10/3/84 Date 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: 1984 MISCELLANEOUS ALLEY IMPROVEMENTS Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp, g, ro ucts LETTER - COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form x Premises - Operations Bodily Injury Property Damage $ $ $ $ X Explosion & Collapse Hazard A x Underground Hazard x Products /Completed Operations Hazard Bp678 2500 8/3/85 Bodily Injury and Property x Contractual Insurance x Broad Form Property Damage Damage Combined $ 500 $ 500 X Independent Contractors X Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY [x� Comprehensive Form Bodily Injury (Each Person $ ❑Owned $ Bodily Injury (Each Occurnce re8/3/85 A Hired (]x Non -owned BA6782 01 ro ert Dama e Bodily Injury and Property Damage Combined $ 500 EXCESS LIABILITY A ® Umbrella Form ❑ Other than Umbrella Form PR0678 2508 8/3/85 Bodily Injury and Property Damage Combined $ 1,000 $ 1,000 WORKERS' COMPENSATION Statutory and EMPLOYER'S LIABILITY ac Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: ROSSKOPF, RAPP & SCHMIDT INS. AGENCY Authorized Represent u 10/3/84 Date 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: 1984 MISCELLANEOUS ALLEY IMPROVEMENTS Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. • • Page 14 e CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability (X ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence 500,000 each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: M ELLA US A L Y ll Project Title and Contract No.). This endorsement is effective 10/3/84 at 12:01 A.M. and forms a part of Policy No. BA6782501 Named Insured NOBEST INCORPORATED Endorsement No. Name of Insurance Company GREAT AMERICAN By Authoriz&d Representativ It is agreed that: • • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT 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 of 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: MISCELLANEOUS ALLEY IMPROVEMENTS Project Title and Contract No. This endorsement is effective 10/3/84 Policy No. BP6782500 Named Insured NOBEST INCORPORATION Name of Insurance Company GREAT AMERICAN at 12:01 A.M. and forms a part of rsement No. Author! Ad Representative' THE (ENV m sun-L • u0EcoNwnv UFEa�CASUALTY POWER OF ATTORNEY AND CERT LATE OF AUTHORITY OF ATTORNEY(SHN -FACT KNOW ALL MEN BY THESE PRESENTS, THATTHEATNACASUALTYAND SURETY COMPANY, a corporation dulyorganbcd under the laws of Me State of Connecticut, and having as principal offim in Me C y of Hartford, County of Hartford, State of Connecticut, path made, constituted and appolnte,anddoesby Mempreswitemske ,comdfinbwnd•ppoint Oo.rald W. Posskopf, Ficha:d K. Rosskopf, Robert F. Fossk, +pf, Donald E. Rapp, Douglas A. Rapp, John 7.. xhrtid L, Richard C. Lloyd or Sandra K. Witt - - of Eosemeed, California . iti and lawful Attomeylsl in Fact,withfol l power and authority hereby confer.e.l to sign, execute and acknowledge. M any place within Me noted States, or, if the following line be filled in, within the area there designated Me foaommo instructions): by his /her sole sign Wry and iet, arty acrd eg bondds. re,ngn)raaacs, contracts of indemnity, and other writirga obligator, in the nature of a bond. recognicancn, or conditional undertaking, and any and all conserver incident thereto and to bind THE kTNA CASUALTY AND SURETY COMPANY, thereby es fully and to the mine extent as if the same were signed by the day ac.horifelofficersof THEfETNACASUALTY ANDSURMCOMPANY,.h elltheactsofmidAttomey(s1 in Fact the eathority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the fallowing Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED: That each plane following saffimn: Chairman, Yee Chaiman, Protected, Any Executive Vice President, Any Senior Vice President Any Voc President, Any Assistant Vim President, My Savetary, Am, Assistant Secretary, may from time to time appoint Resident Vice Presidents, Rasidem Assistant Secretaries, AnomeytinFact, and Afienam ec for and per behalf of Me Company and may give any such appointee such authority as Ns certificate of authority may prescribe to sign with Me Company's name and seal with Me Company's mail hucds, recognirances, contracts of indemnity, and other writings obligatory in Me reduce of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Deed -rs may at any time remove wny, on appointee and dreake, the power and auMOdty given him VOTED: That any bond. remgnrsence, contract of eamennity, dreaming obligatory in the nature of a bond, recognizance. or conditional undenaking shall be valid and binding upon the Company when(a)signed by Me Chairman. the Vim Chairman, the President, an Executive Vice President d Senior Vice President, a Vim President an Assistant Vim President or by a Resident Vice President, pursuant to 'he lower prescribed in ter.; certificate of authority olauch Resident Vim President ariddery attested and sealed with the Company s seal by a Secretary or Assistant Secretary or by a Resident Assisant Secretary, purnanttothepowopresooihed in the certificate of authority of such Resident Assistant Secretary; mild duly executed (under seal, if required) by one pr mom Aftomeyr io-Fact pursuant to Me power prescribed in his or their certificate or certificates df authority. This Power of Attorney and Certificate of Authority as signed and sealed by facsimile under and by authority of the fonuwing Standing Raimovi't voted by the Board of Directors of THE ATNA CASUALTY AND SURETY COMPANY which Resolution Is now in hail force and r "act: VOTED: That Meslgrefureoffeeh of thefclowing officers: Chairman, Vim Chairman, Presi dent, Any Executive V,cnoticenCAnySeniorV,- Pt evident Any Vim President Any Assistant Vin President Any Secondary, Any Assistant Secretary, and the seal of In±Company maybe affixed n facsimile to any power of share" or to any cortifimte rNaMg thereto appointing Resident Vice Presidents, Thai Assistant Secretaies AnoneWs-in factbr W rposaaonty olexacutirgand semMig bonds and undeat longs and other writings obligmory in the nature thereof, and any suchpowerofattorneyormrtificatebmring sudsfamimilesigm re orfacsimileseal shall be valid and binding upon the Company and any sum Power so executed and certified by suchf0.simile eignsture a,W facsimile coal shall he valid and binding upon Me Company in the future wren respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF. THE rETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by Its Ass i s toot Vice President . and its corporate seal to be hereto affixed this 24th day of April .1114 THE .ET11 CASU TY AND SUflETY COMPANY State or Connecticut J. T. Du ss. Hanford Assistant ice Pres enC County of Hartford Duthie 24th dayof April .1964 . before me personally came J. T. DUFFY to me known. he. being by me duty swain, 6d depose one say: Mal ha/aha is Assistant Vice President of THE.FTNA CASUALTYAND SURETYCOMPANY, the corporation described in and whiN executed the above instrument; that hashe knows Me seal of mid corporation; theltheamt at hathe saidimbtnrans'asurh confiscate sal; and Mat he/she execu ted Me mid instrument on behalf 01 Me corporation by authority of his/her OMfim undo the Striding Resolutions thereof. "i k, 1 y 'a � ao �iax.!�' Mr mean expra. Merdr fir. is Ab (/ Amery Pnn�,c CERTIFICATE George A. Perry, Jr. I,Ihaoidersignoe, Secretary of THE ,ETNA CASUALTY AND SURETY COMPANY, a god, mrpomtion of the State of Connecticut DO MERERYCENTIFY Mande faagotrg wed aNed,edPOwar ofArtarmY and Ceddficale Of Audgdty cane es in fee farce and has not been revoked; and NrtMmtoa,Mnt den StanWgl4wkaioru of the Boerdef Directors, as mtforth in Me CertifimMof Authority, are now in farm. Signed and Sealed at da Home Off. Of the Campvry, in the City Of Hartford. State of nnactlmt. pound mar 3rd day ul October /9 84 f� a e John W. Welch, Secretary (S19b E) IM11A 4 ti•�" 1NIM00 IN U'S a. 0 Page 16 CONTRACT THIS AGREEMENT, entered into this Ad, day of 19 oy" by and between the CITY OF NEWPORT BEACH, hereinafter "City, and refe hereinafter "Contractor, "is made with rence to the fol owing facts: (a) City has heretofore advertised for bids for the following described public work: 1984 MISCELLANEOUS ALLEY IMPR�UFMFNTS 2459 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: e 2452 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 sixtnina Thousand One ",nlr�' This compensation includes 1 any loss or damage arising from the nature nogf he 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 19R4 MTSf.FI 1 ANFOUR Al l FY TMPROVFMFNTS 2459 Title of Project 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. ATTEST: 1&,. C City Clerk APPROVED AS TO FORM: c U�4 U- CIty Attorney I CITY OF NEWPORT BEACH By ayor CITY CONTRACTOR Contractor By Its By Its CONTRACTOR 7 7 l ; S £ � \ - :�v r :lzz ;! r ; \ y �' }§ @ { }} \ ( }� \3 5\ f(® . §[` Zi }(M -7 \G _ 93a�a =e - kq / }}} \ \ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1984 MISCELLANEOUS ALLEY IMPROVEMENTS CONTRACT NO. 2452 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . 1 II. AWARD AND EXECUTION OF THE CONTRACT . . . . . . . . . . . . . 1 III. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS. . . . . . . . . . 2 VI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . 2 VII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . 2 A. Alley Pavement . . . . . . . . . . . . . . . . . . . . . 2 B. Alley Approaches . . . . . . . . . . . . . . . . . . . . 2 C. Streets . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Removals and Excavation . . . . . . . . . . . . . . . 2 2. Existing Utilities . . . . . . . . . . . . . . . . . 3 • ! SP of CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR 1984 MISCELLANEOUS ALLEY IMPROVEMENTS CONTRACT NO. 2452 I. SCOPE OF WORK The work to be done under this contract consists of furnishing all labor, materials, transportation, demolition, excavation, removals, and compaction necessary to construct portland cement concrete pavement and alley approaches in two City blocks; including all sawcutting, adjustment to grade of manhole covers, water valve covers, and water meter boxes; and all other miscellaneous items of work necessary to complete the work in a workmanlike manner. All work necessary for the completion of this contract shall be done in accor- dance with (1) these Special Provisions, (2) the Plans (Drawing Nos.A- 5105 -S and A- 5106 -S), (3) the City's Standard Special Provisions and Standard Drawin s for Public Works Construction 982 Edition), an the Standard S ecifications or Public Works Construction (1982 Edition), including 983 and 1984 supple nts. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. II. AWARD AND EXECUTION OF THE CONTRACT The bidder's attention is directed to the provisions of Section 2 -1 of the Standard Special Provisions for requirements and conditions concerning award and execution of the contract. III. TIME OF COMPLETION A. All work under this contract shall be completed within 60 calendar days after award of the contract by the City Council. B. All work within any one City block shall be completed within 25 consecutive calendar days after work has commenced in that City block. C. No work shall begin until a schedule of work has been approved by the Engineer. IV. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit price bid for each item of work. :. • SP2of3 V. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS Between 48 and 55 hours before closing a section of street or alley or re- stricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notice will be prepared by the Public Works Department. The Contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require the Contractor to re- notify the residents using an explanatory letter to be furnished by the Public Works Department. VI. CONSTRUCTION SURVEY STAKING Field staking for control of construction will be provided by the Contractor. VII. 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. VIII. CONSTRUCTION DETAILS A. Alley Pavement 1. Subgrade under alley pavement shall be compacted native materials. The top six inches of subgrade shall be compacted to a relative compaction of 95 percent. 2. Alley pavement shall consist of a full 612 inches of Class 560 -C -3250 portland cement concrete pavement. B. Alley Approaches 1. Subgrade under alley approaches shall consist of 4 inches of imported aggregate base over compacted native material. The top six inches of the native subgrade material and all of the four inches of imported aggregate base shall be compacted to a relative compaction of 95% 2. Alley approach pavement shall consist of a full 6.1 inches of Class 560 -C -3250 portland cement concrete pavement. C. Streets Removals and Excavation The work shall be done in accordance with Section 300 - 1.3.2. of the Standard Specifications except as modified and supplemented herein. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. Final removal accomplished by other means must be approved by the Public Works Department. •' • • SP 3 of 3 1 2. Existing Utilities The Contractor shall adjust to finished grade all sewer manholes sewer cleanouts, water meter boxes, water valve covers, and monuments prior to the placement of pavement. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. I 1 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • 1984 MISCELLANEOUS ALLEY IMPROVEMENTS CONTRACT NO. 2452 I]3oU011114 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Gentlemen: PR 1.1 ..y The undersigned declares that he has carefully examined the location of the work, has read the Instruction to Bidders, has examined the Plans and Special Provisions, and hereby proposes 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: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE WORK IN ALLEYS 125 AND 105 -C 1. Z Remove existing alley approaches and Each construct new alley approaches in Alley #125, for the unit price of r t y"&' e¢ c-' Dol l ars and Cents Each Lump Sum Remove existing alley approach and construct new alley approach in Alley #105 -C for the lump sum price of: Dol l ars �i.. and Cents Lump Sum 3. 7,758 Construct 6}" -thick pavement over Square Feet compacted native materials, for the unit price of: '__.v 1 c� r rJ --,' 5 \('�k Per Squalr,6 Foot--) C> $ ���_ O_ $ $ olIars and y Cents $a • • PR 1.2 TOTAL ITEM QUANTITY ITEM DESCRIPTION UNIT NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 3 Adjust sewer manholes to grade Each for the unit price oft: @ Dollars and Cents $ pC � $ ('00 Each 5. 2 Adjust water valve covers to grade, Each for the unit price of: @ Dollars and Cents $ �S `� $ Each 6. 17 Adjust water meter boxes to grade, Each for the unit price of: Dollars and Cents $ �� '� =4 $ Each 7. 288 Construct new 4" P.C.C. garage approach sq. ft. over C.N.M., including sawcutting, removals and disposal of existing for the unit price of: .�� Dollars and Each $ of al O $� Per Square o 8. 404 Construct new 4" A.C. garage approach sq.ft. over C.N.M., including sawcutting removals and disposal of existing, for the unit price of: Dollars and Cents $ �" L $ I07 o Per Square Fo 9. Lump Sum Perform construction staking in alleys 125 and 105 -C, for the lump sum price of: \ 1` Dollars i �r�a oti� and Cents �; $ �• `Lo � � $ 1 \ 1p Lump Sum SUBTOTAL WORK IN ALLEYS 125 and 105 -C $ • • IT UNIT PRICE WRITTEN IN WORDS WORK IN ALLEYS 339 and 341 -B 10 11 12. 13 14. 15 PR 1.3 PRICE PRICE 2 Remove existing alley approach and construct Each new alley approach in alley 339 for the unit price of: @_ ��y ��v.� �n<<z�� Dollars and c�0 Cents 7945 Construct 61" thick P.C.C. pavement over sq.ft. C.N.M., for the unit price of: @ Dol l ars and x1 S Cents Per SquM-d Foot 2 Adjust sewer M.H. to grade, for the Each unit price of: @ .�K DolLars and Cents $ a(�n •' $ -03'c9 c" 18 Adjust water meter boxes to grade, Each for the unit price of: @ —r �2: - -< �<_ Dollars and Cents $ LA� $ S\ Each 635 Construct new 4" P.C.C. garage approach sq.ft. over C.N.M.,including sawcutting, removals, and disposal, for the unit price of: @ Dollars {u—c and Cents $ Per Square Foot 1500 Construct new 4" A.C. garage approach over sq.ft. C.N.M. including sawcutting, removals and disposal, for the unit price of: @ ���' Dollars S \ y and Cents $ \ $ Per Square • • PR 1.4 ITEM QUANTITY NO. AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 16. Lump Sum Perform construction staking in alleys 339 and 341 -B, for the lump sum price of: @ Ot�P llncs �G�� C7�e� Inc Doll ars / . c� Xy t c,ne` and Cents $ , I \�,ok — $ \ - Lump Sum SUBTOTAL WORK IN ALLEYS 339 and 341 -B Co. TOTAL PRICE WRITTEN IN WORDS: CONTRACTOR'S LICENSE a _z�- BIDDER'S NAME DATE G - 1 4 BIDDER'S TELEPHONE NO. Dollars and Cents $ 'S ADDRESS �'. �. ,u l i1 \ \ f _� f 1, . • 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. Contr's Lic. No. & Classification madder, Date (Authorize ure /Title (n cJw� ", PV D c\ Vt�in r\ 1 �3_. efl� �J✓�-e a<- • • 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. 12. Bidder Avoi-a Au on ignature /Title • . 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 day of �> , 19�. My commission expires: —7 —U w IN I III I!111 IAI.II iffl T ,. :u LP" f -MDLAND 3 NOT, H Ry [It If, -1:; . CPLIFURNIA $--S JAI � f HINCI ?l E NV LOS A I CS S COUNTY MyComm sifm Expires li, {11;27 1988 �.!AIIIIIIIINIIIIIO Iw w u u II III II NIieI:INn Im In nI w ".'i.I' N mi'l'l "JO!paU'illllllllb Bidder Authorized Sig ature /Tit e to ublic 1 0 Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Bidder's (4 A thor' gna ure /Title CK • 0 Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. c v Ly Bidder "0°��,. e Adthoriz gnatu((re /Title i "tio". BID BOND . LIFE & CASUALTY KNOW ALL MEN BY THESE PRESENTS, That we Nobest Incorporated THE ATN•ASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 Bond No. as Principal, hereinafter called the Principal, and THE (ETNA CASUALTY AND SURETY COMPANY, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Newport Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 1984 Miscellaneous Alley Improvements Project No. 2452 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect 1. Signed and sealed this 12th day of September (Witness) irness) AIA DOCUMENT A310 BID BOND FEBRUARY 1970 ED, THE AMERICAN INSTITUTE OF ARCHITECTS 19 84 - Nobest Incorporated (principal eSO IL YZ9'4"4UJ r,\ (Title) THE )ETNA CASUALTY AND SURETY COMPANY By �6u"e" Cf. . '.2 � Douglas A. Ig pp Y(^a°rney -in -Fact) CAT. 227641 15. 1969 -GI 1040 PRINTED IN U.S.A. w 0 a z 0 0 T n 0 o= O m C � o m Z a C a v a R I 1 a -,4 , N E N ft K1 rt O m co ft .1e a m rt m x s k 1 a n o o � m H N m p _ m m H to a _ 3 L4 N N stnF�b m tr ro r• o' 1N w n a 3t R D tw* H � x m � m k 1 O r w p p � N M m H hrf w .0 M ti rt w o n H k M w N n m r r n o a ,] H n n 1 H O H rt rt m m a r p O M n ry 1 M m H a• n w ro R r r r � w rn O � � a � W w a a � m i H m a w m a R a R ro N w F• a n 0 n K w 7 a N a ft m m H N O y w r r k p cO H z H Q Q M M � o h N ^H1 m z o' N N ri w N a m M N m rt x m m H N W d w x 0 rt w n k n 0 M -, /�7., • THE /ETNA a*j AND SURETY COMPANY a Ha Connecticut DETTE POWER OF ATTORNEY AND CE RTMATE OF AUTHORM OF ATTORNEY(S)-IN-FACT KNOWALL MEN BY THESE PRESENTS, THAT TNErE ACASUALTYANDSURETVCOWANY, acarporationdulyarganrzed ocular thelawsof the State of Connecticut, and having its prindpel office in the City of Hartford, Courtly of Medford, State of Connecticut, half made. constituted and appointed, and does by them prmale make, comedies and appoint (;eral tl H- RrsBkopi, ?iChRl'd R. ROFBI, r`p P, Robert F. Rosskopf, Dorald F. Rapp, Duul;ies A. Rapp, Bohn 7.. ScirF,i.11, Mchaid C, Lloyd el Sandra K. Witt - - of liaJDer;fatl, CL- liSorria ,i4treeendlewlul Anomey( sPin-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any Piece within that United Stare., or, it the following line be filled in wilhm the area there designated . the following inatmmerhsl: by his/her sole signature and an, any and all bonds, recognixrrac, connaas of indemnity, end other writings obligatory in the nature of a bond. recognizance, or conditional undertaking, and any and as rxxwanle incident thereto and to bind THE cETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the d u . an orized officers of THE /ETNA CASUALTY AND SURELY COMPANY, and all the is of said Anorneytsl - -im Fact. pursuant to the eutnonry here•„ given, are hereby ratified and confirmed. This appointment is made undar and by ruthanly of the fnllwhog Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED: That each olteetellowing rdficen: Chaiman, Vqe Chamlan, President, Any Executive Vice Presdent, Any Senior Vice President, Any Vice President, Any Assistant Vice PresideM," Sacrrery,Arry AadaNMSecretary, may from time to time appoint Resident Vice Prasidems, Resident Assistant Secretaries ,AdortroysiwFactandAgmbmad for arid on mi allof the Company and may give any sued appointee such aumoriry as his cortificete of authority may prescribe to sign with the Corneal creme and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the natunof a bard, recognizance, or conditional undertaking, and any of said officers or the Board of Ones, on, may at any time remove any such appointee and revoke the power and authority given him VOTED: Thatanybond, recogruiaergs. canuMxofiMenmiry, Wwrkiagobligerary in themdmeata pond, mm chums, orconditiona undenakmn shall be valid and binding upon me Company when (at signed by me Chairman. the Vice Chairman, the President an Executive Vita President a Senior Vice President a Vice President, an Assistant Vice President or by a Resident Vim President, pursuant to Ina power prasenbed in me cenificate of authwityof such Resident VNe President ardddy, arrested and sealed with the Company's seal by a Secretary or Assistant Secrets „; or bya Resident Assistant Secr ,purawmtome presnibed in thecenifcateof authority of such Resident Assistant Secretary ; or(b) duty executed (under seal, it otediredl by me or more Attorneys -in -Fact pursuant to the power prescribed! in his or then certificate or certificates .)f authority, This Power of Attorney and Certificate of Aumordy is signed and mated In, facsimile under and by authority of the fn ^awing Standing Resolutiul n voted by the Board of Directors of THE AiTNA CASUALTY AND SURETY COMPANY which Resolution is now in fed force and effete VOTED: That the signature of each of the following officer: Chairman, Vice Chairman, President, Any Executive Vn^ President, Any Same, V•.: President, Any Vica President A” AssistantVice President Arid Secretary, Any Assistant Secretary, and the seal of ll Company may be affixed nv la6imile to any power of attorney or to any cenificate re ildl mere[. appointing Resident Vice Poduc ems, Resdent Assistant Secretaries Attorneys- in -FMfor Wrpos ly Wexecuting and atleadnp bonds and urdertskingaend of het writingsohliBalory in the naturethereof ,end any such power of attorney or cenificate bearing arcte fariddesigne pre or feoimile seal shall ha valid and binding upon the Company and any such power so executed and certified by such facsimile signature and famimile seal shall be valid and binding upon the Company in the future w:ih respect to any bond or undertaking to which h is coached. IN WITNESS WHEREOF, THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Ass i s tan Vice President .and ib mryonre seat to he hereto aKxed nnis ^:4 Lh day of April . ti?4 .,........ 'a THE ER CASU TY AND SURETY COMPANY F.! stare of Connee'eW J. T. Du m. Hanford Assistant ice Pratt ent County of Hartford On this 24th day of April , M84 , beside, me per etv came J. T. DUFFY - tomeknown, who. bang by ma duty award, M dopom and may: dual he/she is Assistant Vice President of THE ATNA CASUALTYANDSURETY COMPANY, tlrmrpordondeacribef be acid which executed the above instrument; that he /she knows the seal of said corporation; thatthe Beal affixed lodes mid unbeaten[ Mauch corporate seal; and that he /she executed the said instrument on behalf of me corporetion by eudtmdy of his/her Office undle the Standing Resolutions thereat. ,a yrx, a� ^'• My eamil exarm MardAl, is E6 Notary Puhee CERTIFICATE George A. Perry, Jr. I.0stmderdgrwd, Secretary of THE A:TNA CASUALTY AND SURETY COMPANY, anotlt corporation of the State of Connexa at DO HEREBY CERTIFY den der beegahq and attached POwerofAttorrrey end CefificeteofAuthority, tamam in lull free and has not been revoked; and /urtlrarrrtore. tktat the Standing Res ahr4om of the Board of Directors, as sat fault in me Certificate of Authority, are now in force. Signed and Sealed at the Home ORrce of the Can ibal he the City of Hartford, State of Connrx.Tlo d, Dated this 12th day .A September g 84 "w.. / John W. Welch, Secretary /_. tS1921 -H fall 3-7`9 .��-�✓ J PRINTED all U.s h. • 0 Nobest Incorporated P.O. Box 874 Westminster, CA. 92664 Project Client M1 Completion Date Amount Kenny St. Imp. City of Norwalk 3-83 11,390.00 119th St. L.A. Co. Road Dept. 3-83 11,308. 0 Westminster Ave. City of Long Beach 4-33 32,685.00 Oso Veijo Park Alcorn Fens: Co. 5-83 9,204.00 Bluff. Park curb CV Pump & Dewatcrin 5-83 6,294.09 P.C.C. Repair Battery Plates MGF. Wn. 6-8.3 8,492.00 Misc. P.C.C. Repair City of Manhattan Leach 7-83 4,920.00 Alley Reconst. City of Bellflower- 8-83 31,231.00 Alley Reconst. City of Culver City 9-83 57,481.00 Vans St. Imn. Sty of Paramount 10-83 113,957.00 Yorktown Ave. City of Huntingtcn Beach 10 -83 38,328.00 Main St. Imp. Sfieny & Co. Inc. 12 -83 68,967.00 Alley Reconst. City of Anaheim 12-83 110,699.00 Sidewalk Imp. City of La Habra 12-83 64,614.00 Bus Bays City of Costa Mesa 1-811 29,111.00 Banbury Ave. city of Westrinster 1-84 5,425.00 Gutter Const. City V Downey 1-64 31,716.00 Median Imp. Aka 7ani Landscape inc. 1-84 7,471.00 Median Imp. City of Paramount 2-84 13,725.00 Misc. P.C.C. Imp. Mendoza Contracting 2-84 11,165.00 W.C. Ramps T.S.C. Electric 2-84 2,406.00 Cul DE Sac Closure City of Culver. City 2-84 104,995.00 Talbert & Newland City of Huntington Beach 2-84 1,800.00 Alley Reconst. city of Culver City 3-84 13,982.00 Misc. P.C.C. Imp. City of Hawthorne 3-84 43,610.00 Otis Park Concrete Artistic Landscape 3-84 2,430.OG Misc. P.C.C. Repair John T. Malloy 3-211 2,251.00 buffalo Hills Park City of Newport Beach 3-84 34,366.00 Don Tuttle Park imp. City of Burbank 4-84 53,750.00 Alley Reconst. City of Glendora 4-84 5:,A4.00 Bluff Park Concrete Aka Tani Landscape 5-23 22,220.00 Median Curb Mendoza Contracting 5-84 2,000.00 Parking Lot Repair Certified Alloy 6-24 1,918,00 Median Imp. Sullivan Cone. Textures 7-24 16,550.00 Misc. P.C.0 Imp. Mendoza Contracting 7-84 2.054.00 Pits I & 2 Certified Alley 7-84 5,754.00 Genesha Blvd. Imp. Britton Construction 8-84 143,824.00 Shuffleboard Courts City of L.A. Park&RQc. 8 -8 26,450.00 Expossed Agg. Road Sullivan Conc. Textures 8-54 200,000.00 If further references are required please do not hesitate to contact our office at 213-595-0839 • • C- '(a�sZ BY THE CITY COUNCIL September 24, 1984 CITY OF NEWPORT BEACH CITY SD 241984 ITEM NO. E •b TO: CITY COUNCIL FROM: Public Works Department SUBJECT: MISCELLANEOUS ALLEY IMPROVEF TSF .K4i 4 — 2452)..- RECOMMENDATION: Award Contract No. 2452 to Nobest, Incorporated, of Westminster in the total amount of $69,175.09; and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: On August 13, 1984, the City Council authorized the City Clerk to advertise for bids on Contract 2452 to be opened at 11:00 A.M. on September 12, 1984. Five bids were opened and read: Bidder Bid Amount 1. Nobest, Incorporated, Westminster $ 69,175.09 2. Damon Construction Co., South Gate 69,475.90 3. Frontier Concrete Construction, Inc., Arcadia 73,626.95 4. Fecit Strata Construction Co., Whittier 77,512.60 5. Ecco Contractors, Inc., Santa Ana 129,777.50 The low bid is 7.5% under the Engineer's estimate of $74,810.50. The plans were prepared by Duca & McCoy, Consulting Civil Engineers, of Corona del Mar. The estimated date of completion is November 30, 1984. Item No. 3 of the Proposal incorrectly listed the quantity of alley pavement to be constructed in Newport Heights at 19% under the estimated amount (7,758 square feet vs. 9,225 square feet). Bids were compared based on the quantities in the Proposal. Payment for unit price items will be made based on actual quantities constructed at the unit price bid. The 1,467 square feet of additional 6j -inch Portland cement concrete pavement at $2.98 per square foot will add $4,371.66 to the contract for an estimated total price of $73,546.75. The Contractor has consented to the additional quantity of work at the price bid. This contract is for the improvement of alleys in two city blocks using the procedure of Chapter 27 of the Improvement Act of 1911. The City finances the construction by an advance from the Street and Alley Maintenance Fund which is repaid by benefitted property owners over a period of years. The alleys are located in Block 11, First Addition to Newport Heights and a portion of Tract 444; plus Block 431 of Lancaster's Addition to Newport Beach. The locations are shown on the attached sketch. • i September 24, 1984 Subject: Miscellaneous Alley Improvements, 1984 -(C -2452) Page 2 The estimated cost of the project is: In Block 11, Newport Heights and Portion of Tract 444 Estimate of 8 -13 -84 Construction $32,720.50 $35,287.50 Engineering & Inspection 5,000.00 7,000.00 Contingencies (5 %) 1,650.00 3,500.00 Subtotal $39,370.50 $45,787.50 Reconstruction of garage approaches on private property 1,738.80 N.A. Total $41,109.30 $45,787.50 In Block 431 of Lancaster's Addition to Newport Beach Construction $31,548.70 $35,200.00 Engineering & Inspection 5,000.00 7,000.00 Contingencies (5 %) 1,600.00 3,500.00 Subtotal $38,148.70 $45,700.00 Reconstruction of garage approaches on private property 51216.75 N.A. Total $43,365.45 $45,700.00 Total Project Cost $84,474.75 $91,487.50 Nobest, Incorporated, has satisfactorily completed three projects for the City of Newport Beach: two concrete median projects and reconstruc- tion of the playing field at Buffalo Hills Park. Ben3amin S. Nolan I�A� Public Works Director KLP:jd • I 'I �! • 13.1b!1S n, .. ,. IbbJY ;Ila'JXl^ �' �y Vr 4�~1 Q I � :133XtS N=: PA•I;lf rA:l QN0�3S -.I1b7Nt W 3N 3a r' O o, O Q ru ` W Q oQ ^ O lop y o O� ® O � � O ! •1 3/JN3ii' CNY V1A'VS yo . Y L l • d7 N/ nV7 1 r, TH E NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, S3 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. Ae 1 certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at N wport Peach, California, thtsliidayof /y, 19�P �.CV% Guff Signature THE NEWPORT ENSIGN This space is for the County Clerk's Filing Stamp FA Prool of Publication of •104 Y.•rLyeV BYIp Scald bids ma7 be received at the office of the City Clark .=Newport Boulevard, Newport Beach, CA 9M unto 11:00 a.m. ae the 11th day of Septembot, 1014, at which time each We shall be opened and read for 1094 BUSCELIAXWUS ALLEY DOROVE04ENTS .. Tale at Protect .. 1404 Contract Na. Approved by the Qty Council • this 13th day of AuguA 1004.._ Wade E. Andueee City -Clark Praepselbe bidden may obtain one eei of bid docvmanb at rm cob at do office of the Public Worin Deporbrent, 3300 Newport BouLnad, Newport Beach, CA MGM For farther iafaamalbn, call Kenneth L. Perry, Protect Mvinew at 040•. 2791. '8 /1h NE °• LA_t , PROOF OF PUBLICATION Z _ • TO: CITY COUNCIL FROM: Public Works Department SUBJECT: MISCELLANEOUS ALLEY IMPROVEMENTS, 4 984 CONTRACT 2452 RECOMMENDATIONS: 1. Approve the plans and specifications. August 13, 1984 ( '1 CITY COUNCIL AGENDA ITEM NO. F -19 BY THE CITY COUNCIL CITY OF NEWPORT BEACH AUG 131984 APPKpyED 2. Authorize the City Clerk to advertise for bids to be opened at 11 :00 a.m. on September 12, 1984. DISCUSSION: This contract is for the improvement of alleys in two City blocks using the procedure of Chapter 27 of the Improvement Act of 1911. The City blocks are Block 11, First Addition to Newport Heights, and Block 431 of Lancaster's Addition to Newport Beach. The locations are shown on the attached sketch. Construction is Step 4 in the brief description of the Chapter 27 procedure outlined below: 1. The owners of 60% of front footage facing any part of an unimproved portion of an alley file a petition with the City Clerk requesting the improvement of that part of the unimproved portion of the alley. The Council may, on its own motion, direct the improvement should less that 60% petitions be received. 2. Upon the filing of the petition, and after receipt of a notice from the City, the owners of all the front footage facing that part of the unimproved portion of the alley have a duty to construct the improvements. 3. A public hearing is held at which time the City Council hears protests from anyone who does not desire the improvements. 4. If the construction is not commenced by the property owners within 60 days after receipt of a notice from the City, the .City performs the work and makes the cost a lien on the pro- perties. The work is financed by an advance from the City's Street and Alley Maintenance Fund or other available funds. 5, Upon completion of the work, a second public hearing is held to hear any protests about the construction or the method used to spread the assessment. August 13, 1984 SUBJECT: MISCELLANEOUS ALLEY IMPROVEMENTS, 1984 CONTRACT 2452 Page 2 6. After the second public hearing, the cost of construction is assessed against each parcel. The assessments may be paid in cash, or the City may allow the assessments to be paid over a period of years. The payments are collected by the City separately from other taxes. The maximum rate of interest permitted is 12% per annum. Interest is charged on the unpaid balance. The maximum rate of interest and length of repayment period are established by the City Council. Reconstruction of alley approaches to garages on private property is assessed to the individual properties. The garage approaches will be constructed by the contractor who constructs the alleys. The owner of Lot 15, in Block 431, had previously satisfied his obligations by constructing a full width alley behind his property. This pavement was ruined when the City replaced the sewer main. is: The estimated cost of the project, not including garage approaches, BLOCK 11, FIRST ADDITION TO NEWPORT HEIGHTS Construction $35,287.50 Engineering & Inspection 7,000.00 Contingencies 3,500.00 $45,787.50 BLOCK 431, LANCASTER'S ADDITION Construction $35,200.00 Engineering & Inspection 7,000.00 Contingencies 3,500.00 $45,700.00 TOTAL COST $91,487.50 RECOMMENDED CITY CONTRIBUTIONS: Replace three (3) alley approaches in Block 11 -$ 3,900.00 Replace one (1) alley approach in Block 431 - 1,300.00 Replace 420 square feet of pavement adjacent to Lot 15, Block 431 - 2,184.00 TOTAL RECOMMENDED CITY CONTRIBUTION -$ 7,384.00 TOTAL TO BE ASSESSED TO PROPERTY OWNERS $84,103.50 �... • 9 August 13, 1984 SUBJECT: MISCELLANEOUS ALLEY IMPROVEMENTS, 1984 CONTRACT 2452 Page 3 ESTIMATED ASSESSMENTS (NOT INCLUDING GARAGE APPROACHES) In Block 11, Per 50' Wide Lot $ 2,406 In Block 431, Per 25' Wide Lot 1,180 In Block 431, Per 30' Wide Lot 1,415 In Block 431, Per 45' Wide Lot 2,123 The plans were prepared by Duca & McCoy Consulting Civil Engineers of Corona Del Mar. The estimated date of completion is November 30, 1984. Benjamin B. Nolan Public Works Director KP:jw Attachment O I Z/ 13e1b'1S 16X6' :f1bVlL( + . Y5 /O 1 I N' (/� Y 4' 1'. a mew •^ O 4' F •� F 1 ? O Q I I L 9saCS 0K7D3S-.(lb'INL 8 3/7N3,d Doll \ .ay 0 it C s. \�mv m Y O d77or ed7; qK 8£ SZb ra