HomeMy WebLinkAboutC-2589 - Demolition of Buildings for Widening Balboa BoulevardCITfOF NEWPORT BEACH
July 15, 1987
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Viking Equipment Corp.
P.O. Box 7256
Glendale, CA 91205
(714) 644 -3005
Subject: Surety: Indemnity Company of California
Bonds No.: 936024P
Contract No.: C -2589
Project: Demolition of Buildings for Widening Balboa Boulevard
The City Council of Newport Beach on July 13, 1987 accepted the work of
subject project and authorized the City Clerk to release the bonds.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
Ir�GG'
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
•
TO: CITY COUNCIL
FROM: Public Works Department
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUL 13 198T
APPROVED
0
July 13, 1987
CITY COUNCIL AGENDA
ITEM NO. F -20
SUBJECT: ACCEPTANCE OF DEMOLITION OF BUILDINGS FOR WIDENING BALBOA BOULEVARD
(C-2589)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to release the bonds.
DISCUSSION:
The contract for the subject project has been completed to the satis-
factory of the Public Works Department.
The bid price was
Amount of change orders
Total contract cost
$31,800.00
None
$31,800.00
Funds were budgeted in the State Gas Tax and Arterial Highway
Financing (AHFP) Funds, Account Nos. 18- 3319 -002 and 20- 3319 -002.
The contractor is Viking Equipment Corporation.
The contract was completed on August 21, 1986.
Due to the nature of the project, acceptance of the work was inadver-
te ly delayed.
Benjamin B. Nolan
Public Works Director
HH:jd
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
J714) 640-2251
TO: FINANCE DIRECTOR
Public Works Department
FROM: CITY CLERK
DATE: August 5, 1986
SUBJECT: Contract No. C -2589
Description of Contract Demolition of Buildingsfor Widening
Balboa Boulevard
Effective date of Contract August 5, 1986
Authorized by Minute Action, approved on July 14, 1986
Contract with Viking Equipment Corp.
Address P.O. Box 7256
Glendale, CA 91205'
Amount of Contract
Wanda E. Andersen
City Clerk
WEA:1r
attach.
$31,800.00
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
• NOTICE INVITING BIDS 0
INFORMAL CONTRACT
Sealed bids may be received at the office of the Purchasing Agent,
3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915
until 10:00 A.M. on the 21st day of July, 1986,
at which time such bids shallT be opened and read for
DEMOLITION OF BUILDINGS
FOR WIDENING BALBOA BOULEVARD
Title of Project
2589
Contract No.
$30.000
Engineer's Estimate
Approved by the City Council
this 14th day of July , 1986.
Wanda E. Raggio
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,
P. 0. Box 1768, Newport Beach, CA 92658 -8915.
For further information, call Horst Hlawaty at 644 -3311.
Project Manager
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INFORMAL CONTRACT
PROPOSAL
DEMOLITION OF BUILDINGS
FOR
WIDENING BALBOA BOULEVARD
CONTRACT NO. 2589
To the Purchasing Agent
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92658 -8915
Gentlemen:
0
PR 1
The undersigned declares that he has carefully examined the location of the work, has read the
Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to
furnish all materials and do all the work required to complete Contract No. 2589 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
Lump Sum Demolish buildings, foundations, con-
crete drives and slabs, asphalt paving,
vegetation, and other miscellaneous
appurtenances; dispose of all materials
and leave site in a clean condition;
and provide traffic control
@_Thirty -one Thousand Eight Hundred Dollars
and
No Cents $ Lump Sum $ 31,800.00
Lump Sum
TOTAL PRICE WRITTEN IN WORDS
Thirty -one Thousand Eight Hundred Dollars
and
No Cents $ 31,800.00
July 18, 1986
Date
(818) 500 -9447
Bi er's Telephone Number
310852 C -21
Contractor's License No. & Classification
Viking Equipment Corp.
Bidder
P.O. Box 7256, Glendale, CA 91205
Bidder's Address
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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. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less that 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.
The City of Newport Beach will not permit a substitute format for the
contract documents listed above. Bidders are advised to review their content
with bonding and legal agents prior to submission of 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.
The estimated quantities indicated in the PROPOSAL are approximate, and
are given solely to allow the comparison of bid totals.
Page 2
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 and omissionsin 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.
310852 C -21
Contr's Lic. No. & Classification
July 18, 1986
Date
Viking Equipment Corp.
Bidder
S /John M. Tredick, Sec. - Treas.
Authorized Signature /Title
0
• Page 3
DESIGNATION OF SUBCONTRACTOR(S)
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer.and as provided by State law.
Subcontract Work Subcontractor Address
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
NONE
Viking Equipment Corp.
Bidder
S /John M. Tredick, Sec. - Treas.
Authorized Signature /Title
IV ORIGINAL SEE CITY CLERK'S FIWOPY
Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, VIKING EQUIPMENT CORPORATION , as bidder,
and INDEMNITY COMPANY OF CALIFORNIA as Surety, are held
and firmly bound unto the City of Newport Beach, Calfornia, in the sum of
Not to exceed 10% amount of the bid -------------- ------ Dollars ($10 %------- - - - -),
lawful money of the United States for the payment of which sum well and truly to
be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of
DEMOLITION OF BUILDINGS FOR WIDENING BALBOA BOULEVARD 2589
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and
if the above bounden bidder shall duly enter into and execute a contract for
such construction and shall execute and deliver to said City 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 contract documents for execution to the above bounden bidder by
and from said City, 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 individual,
it is agreed that the death of any such bidder shall not exonerate the Surety
from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 17th day
of July , 19 86.
(Attach acknowledgement of
Attorney -in -Fact)
S /John G. Cawley
Notary Public
Commission Expires: Dec. 18, 1989
Viking Equipment Corporation
Bidder
S /John M. Tredick, Sec. - Treas.
Authorized Signature /Title
Indemnity Company of California
Surety
By S /Catherine J. Blue
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.
Viking Equipment Corp.
Bidder
S /John M. Tredick, Sec. - Treas.
Authorized Signature /Title
Subscribed and sworn to before me
this 18th day of July ,
1986 .
My commission expires:
1 26, 1987 S /Judy T. Wright
Notary Public
0 0
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.
1986 City of Newport Beach
Viking Equipment Corp.
Bidder
S John M. Tred' -
uthorized Signature /Title
Page 6
. • Page 7
NOTICE
The following are 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 8 & 9)
FAITHFUL PERFORMANCE BOND (pages 10 & 11)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14)
CONTRACT (pages 15 & 16)
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 submission of bid.
BONDING COMPANIES shall be acceptable as sureties in accordance
with the latest revision of Federal Register Circular 570.
INSURANCE COMPANIES shall be (1) licensed to conduct business in
California, and (2) assigned Policyholders' Rating A (or higher) and
Financial Size Category Class VIII (or larger) in accordance with the
latest edition of Best's Key Rating Guide: Property - Casualty.
Coverages shall be provided for all 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 edition
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
Y ',
• Page 8
PAYMENT BOND BOND NO. 936024P
Premium included in the Performance Bond
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted July 14, 1986,
has awarded to VIKING EQUIPMENT CORP. on July 21, 1986,
hereinafter designated as the "Principal ", a contract for
DEMOLITION OF BUILDINGS FOR WIDENING BALBOA BOULEVARD (C -2589)
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, or other supplies used in, upon, for, or about the performance 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 VIKING EQUIPMENT CORP.
as Principal, and INDEMNITY COMPANY OF CALIFORNIA
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
THIRTY ONE THOUSAND EIGHT HUNDRED DOLLARS & No/loo ----- Dollars ($31,800.00 ),
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, or other supplies,
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 Unemploy-
ment 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.
The 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
1 1.
,
Page 9
Payment Bond (Continued)
this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of
the State of California.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or the specifications accompanying the same shall in
any wise affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alterations or additions to the terms of the contract
or to the work or to the specifications.
In the event that any principal above named executed this bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from
its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 29th day of July , 1986
Seal)
ncipa
re and Title
Authorized Signature and Title
INDEMNITY. COMPANY OF CALIFORNIA--: - Seal).
Name of Surety
333 WILSHIRE AVE., ANAHEIM, CA-
Address of Surety
nrnPi n -fart
S'gnature and �LL-i a of uthorized y - Agent
JOHN VnWLEY INSURANCE AGENCY
dress of Agent
(213) 385 -4744
Telephone No. of Agent
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INDEMNITY COMPANY OF CALIFORNIA //++��++
• Home Office: 333 Wilshire 91CC 1V �T
? 512274
Anaheim, California 92801 • f714) 999 -1471
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that Indemnity Company of California, does hereby make. constitute and appoint
** *JOHN I CAWLEY, CATHERINE J. BLUE, jointly or severally * **
its true and lawful Attorney(s) -im Fact, to make, execute, seal and deliver for and on its behalf as surety, all bonds or undertakings 4 executed
before June 30, 1987;
and to bind INDEMNITY COMPANY OF CALIFORNIA thereby and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby
ratified and confirmed. This Power of Attorney is granted and is signed by faccimile under and by the authority of the following Resolution adopted
by the Board of Directors of INDEMNITY COMPANY OF CALIFORNIA at a meeting duly called and held on the 16th day of August, 1976.
his cc,ier of A;•,;r r.:'; :. _ ,- ..- D I e;in {I
Bank r I :, .:. .,r n(:, ,. n-o )., _ ,:JS.. iii' I'a <c lt!Tz),.' 1,aper. toU -gr ,INWn r hUnd.-
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"RESOLVED, that the Chairman of the Board, the President, any Vice President of the Company, be, and that each or any of them hereby is
authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of INDEMNITY
COMPANY OF CALIFORNIA, bonds. undertakings and all contracts of suretyship: and that any Secretary or any Assistant Secretary be, and that
each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company."
"FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and
binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is
attached."
NOTICE:'. This %'vwer:i. d 0 i :E' ?i arfiuno.
2. Fo',;., ;I Hi:ol ii, in n, it be r1rL 11`0 o A;i ^Inn, ..!. Jut - '.. i%Pn I Ii _ 7.,
In Witness Whereof. INDEMNITY COMPANY OF CALIFORNIA has caused its official seal to be hereunto affixed, and these presents to be
signed by Its President and attested by Its Secretary this 23rd Day of April, 1985.
INDEMNITY COMPANY OF CALIFORNIA
ATTEST:
By
Paul E. Griffin Jr. Secretary Jerome J. Sweeney resident
STATE OF CALIFORNIA
COUNTY OF ORANGE
On April 23, 1985, before me, the undersigned, a Notary Public in and for said State, . personally appeared Jerome J. Sweeney and Paul E.
Griffin, Jr., personally known to ri proved tome on the basis of satisfactory evidence) to be the persons who executed the within instrument as
President and Secretary on behalf of indemnity Company of California, tre corporation therein named, and acknowledged tome that the
corporation executed it.
WITNESS my hand and official seal.
Signature &�� II
Notary Public
Laurie B. Epner
STATE OF CALIFORNIA
COUNTY OF ORANGE
CERTIFICATE
------------- OFFICIAL --- SEAL I
I e LAURIE B. EPNER
AY PUPRINCIPAL OFFICE INORANGE COUNTY
IMY COMMISSION EXPIRES APRIL 22, 1988
•-- ------- -- -- -- --- --- ---'
I, the undersigned, executive vice president of INDEMNITY COMPANY OF CALIFORNIA, DO HEREBY CERTIFY that the foregoing and
attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the Resolutions of the Execu-
tive Committee of the Board of Directors set forth in the Power of Attornev, are now in force,
Signed and sealed in the City of Anaheim, California, this 29th day of July , 19 86
WARNING l'n,s s a copyngr!ed docwnnr'Tt A 1i
leproducoon s p« Inlbned. -hIS PCWER IS VOID rm:ess in,
seals are readabie, te!t is a nrOwn AK algnaidres ire in blue
ink and warning is in red ink
ICC -2 Rev. 6 -30 -86 Thomas H, Tyrell, Jr, Executive Vice President
• • Page 10
FAITHFUL PERFORMANCE BOND BOND NO. 936024P
PREMIUM: $477.00
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted July 14, 1986
has awarded to VIKING EQUIPMENT CORP. on July 21, 1986,
hereinafter designated as the "Principal ", a contract for.
DEMOLITION OF BUILDINGS FOR WIDENING BALBOA BOULEVARD (C -2589)
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, VIXTNC.' EQUIPMENT CORP
as Principal, and INDEMNITY COMPANY OF CATTFORNTA
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
THIRTY ONE THOUSAND EIGHT HUNDRED DoT.T.ARs c Nn /1 no --------- Dollars $31,800.00 �+
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
t . •
Page 11
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 29th day of July , 1986
Authorized Signature and Title
INDEMNITY COMPANY OF CALIFORNIA (Seal)
Name of Surety
333 WILSHIRE AVE., ANAHEIM, CA. 92801
Address of Surety
Ze .Attorney -in -fact
Signature and T 1 of Authorized Agent
JOHN CAWLEY INSURANCE AGENCY
3160 WEST 6TH ST., LOS ANGELES
Address of Agent
(213)385 -4744
Telephone No. of Agent
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INDEMNITY Home Office: AY OF C
N33WiIsAiLeFORNIA 40 ICC Np 512273
Anaheim, California 92801 • (714) 999 -1471 .Lll
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that Indemnity Company of Cal fornia, does hereby make. constitute and appoint
** *JOHN G. CAWLEY, CATHERINE J. BLUE, jointly or severally * **
its true and lawful Attorneys) -in -Fact. to make, execute. seal and deliver for and on its behalf as surety, all bonds or undertakings if executed
before June 30,1987;
and to bind INDEMNITY COMPANY OF CALIFORNIA thereby and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby
ratified and confirmed. This Power of Attorney is granted and is signed by fascimile under and by the authority of the following Resolution adopted
by the Board of Directors of INDEMNITY COMPANY OF CALIFORNIA at a meeting duly called and held on the 16th day of August. 1976.
'This POV,er of 4d:o:.:. ;....., , ' :cc !Jl.:, %:':::.
Bent/ . �pna ` .:o v <!. - : +r.nr .... a : ' :.t" r r:. 6.n.: , ,! :.i r:: r' . opor !%i 1 ond.;
cords t i ° n; .. 1... ' .i Ct : i r .i., �� , ;;'p ..,.�::: •y:•:. U > ..: •n ,:L,)• bi)OCS.
bail c.0�c, �:, .... .. .n ....all s .: flp El
`RESOLVED. that the Chairman of the Board. the President. any Vice President of the Company, be. and that each or any of them hereby is
authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of INDEMNITY
COMPANY OF CALIFORNIA, bonds, undertakings and all contracts of suretyship: and that any Secretary or any Assistant Secretary be, and that
each or any of them hereby is, authorized to attest the execution of any such Power of Attorney. and to attach thereto the seal of the Company."
"FURTHER RESOLVED. that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and
binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is
attached."
NOTICE:I This Pov:a- i.1 ;i erasod
2. PO r: > allo r : not f >? FCtl,l M W: ,t i AA,) 1:-2V-1 o I D11, 1. i:5. , -I,. r -! IE ]iiQCC s ter 0'd`.;
In Witness Whereof. INDEMNITY COMPANY OF CALIFORNIA has caused its official seal to be hereunto affixed, and these presentsto be
signed by its President and attested by its Secretary this 23rd Day of April. 1985.
INDEMNITY COMPANY OF CALIFORNIA
ATTEST:
l By
Paul E. Griffin Jr. Secretary Jerome J. Sweeney resident
STATE OF CALIFORNIA
COUNTY OF ORANGE } SS.
On April 23, 1985, before me. the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeneyand Paul E.
Griffin, Jr., personally known to me (or proved tome on the basis of satisfactory evidence) to be the persons who executed the within instrument as
President and Secretary on behalf of Indemnity Company of California. the corporation therein named, and acknowledged tome that the
corporation executed it.
WITNESS my hand and official seal.
Signature"""�°"�
Notary
Laurie S. F_pner
STATE OF CALIFORNIA
COUNTY OF ORANGE
CERTIFICATE
OFF ICIAL SEAL
LAURIE B. EPNER
'!NOTARY PUBLIC CALIFORNIA+
PRINCIPAL OFFICE IN;
l ORANGE COUNTY
jMY COMMISSION EXPIRES APRIL 22, 1988
I, the undersigned, executive vice president of INDEMNITY COMPANY OF CALIFORNIA, DO HEREBY CERTIFY that the foregoing and
attached Power of Attorney remains in full force and has not been revoked'. and furthermore. that the provisions of the Resolutions of the Execu-
tive Committee of the Board of Directors set forth in the Power of Attorney. are now in force.
Signed and sealed in the City of Anaheim, California, this 29th day of July . 19 86
WARNING' 1 "Si<.j a : npyr:gh!ed dooime it Any ura tho P':
reprodcnhon 'S ool'i Bi!ad HIS POW'EH IS VOID "'ne's nne
seals are /EAda!ie. text is it nrown Ink s,- Jiiatures are in blu2
ink and warning is it red ink.
ICC -2 Rev. 6 -30 -86 Thomas H. Tyrell, Jr. Executive Vice President
�° ; • CERTIFICATE OF INSURANCE • 'Page 12
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
NAME AND ADDRESS OF INSURED
INSURANCE COMPANIES AFFORDING COVERAGES
Company A National Union Fire Ins. Co.
Letter
company B
Letter
Company C
Letter
Company D
Letter
Company E
Letter
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: z, Agency: Elster Insurance Agency, Inc.
Authorize Representative
Date: 7/29/86 Telephone: 707- 996 -2912
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:
e and contra
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.
Fe
Policy
LIMITS OF LIABILITY IN THOUSANDS 000
COMPANY
TYPES OF INSURANCE
Policy
Exp,
Tg7roducts
LETTER
COVERAGE REQUIRED
No.
Date
Each Completed
Occurrence Operations
A
GENERAL LIABILITY
x Comprehensive Form
x Premises - Operations
GLM117-
0982RA
9/1/86
Bodily Injury
Property Damage
$
$
$
$
x Explosion & Collapse Hazard
x Underground Hazard
x Products /Completed Operations
Bodily Injury
Hazard
and Property
x Contractual Insurance
Damage Combined
$1,000
$1,000
x Broad form Property Damage
x Independent Contractors
x Personal Injury
Marine
Personal Injury
$
Aviation
x CLAIMS MADE FORM
AUTOMOTIVE LIABILITY
A
Q Comprehensive Form
BA118-
2598RA
9/1/86
Bodily Injury
(Each Person
$
Owned
$
Bodily Injury
Hired
-(Each ocertZ Uamanee)
❑x Non -owned
Bodily Injury and
Property Damage
Combined
$1,000
EXCESS LIABILITY
❑ Umbrella Form
Bodily Injury
❑ Other than Umbrella Form
and Property
Damage Combined
$
$
WORKERS' COMPENSATION
Statutor
and
ac
EMPLOYER'S LIABILITY
V1111MAI
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: z, Agency: Elster Insurance Agency, Inc.
Authorize Representative
Date: 7/29/86 Telephone: 707- 996 -2912
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:
e and contra
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.
Fe
It is agreed that
9
CITY OF NEWPORT BEACH
0
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
Page 13
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 $ each occurrence
Property Damage Liability $ each occurrence
( x� Single Limit
Bodily Injury Liability $ 1,000,000. each occurrence
and
Property Damage Liability
Combined
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:
This endorsement is effective
Policy No. BA1182598RA
Named Insured Viki
7/29/86
Co
ct iitie
at 12:01 A.M. and forms a part of
Endorsement No.
14
Name of Insurance Company National Union Fire Ins. Co By
Authorized RepOtsentative
• • Page 14
CITY OF NEWPORT BEACH
COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Comprehensive General
Liability, the City of Newport Beach, its officers and employees are additional in-
sureds but only with respect to liability arising out of operations performed by or on
behalf 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 nold 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
ch occurrence
Property Damage Liability $ each occurrence
(x� Single Limit
Bodily Injury Liability $ 1,000,000. each occurrence
and
Property Damage Liability
Combined
The applicable limit of the Insurance Company's liability for the insurance afforded
for contractual liability shall be reduced by any amount paid as damages under this
endorsement in behalf of the additional insureds.
The limits of liability as stated in this endorsement shall not increase the total
liability of the Insurance Company for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as applicable to Comprehen-
sive General Liability Insurance.
6. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department
7. Designated Contract: DEMOLITION OF BUI DI GS FOR W
Project Tit a and Contract No.
This endorsement is effective 7/29/86 at 12:01 A.M. and forms a part of
Policy No. GLM1170982RA
Named Insured Viking Equipment Corp. Endorsement No.
Name of Insurance Company. National Union Fire Ins. By /L 1, 6& �i , ��
Authorized Repr sentative
M
Page 15
CONTRACT
THIS AGREEMENT, entered into thine day of J9 4
,,
by and between thefyITY OF NEWPORT BEACH, hereinafter "City,"
��awr�rrrv�� 4,t-v P,,: , hereinafter " Contracto ," is made wi
refer nce to the following facts:
(a) City has heretofore advertised for bids for the following
described public work:
DEMOLITION OF BUILDINGS FOR WIDENING BALBOA BOULEVARD 2589
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:
DEMOLITION OF BUILDINGS FOR WIDENING BALBOA BOULEVARD 2589
Title of Project Contract No.
which project is more fully described in the contract documents. Contractor
shall perform and complete this work in a good and workmanlike manner, and in
accordance with all of the contract documents.
2. As full compensation for the performance and completion of this
work as prescribed above, City shall pay to Contractor the sum of
Thirty -one Thousand Eight Hundred and No /100 Dollars ($31,800.00 ).
This compensation includes (1) any loss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or obstruc-
tions in the performance of the work; (3) any expense incurred as a result of any
suspension or discontinuance of the work; but excludes any loss resulting from
earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves,
and which loss or expense occurs prior to acceptance of the work by City.
3. All of the respective rights and obligations of City and Contractor
are set forth in the contract documents. The contract documents are incorporated
herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instruction to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and endorsement(s)
0 0 Page 16
(f) Plans and Special Provisions for DEMOLITION OF BUILDINGS
FOR WIDENING BALBOA BOULEVARD 2589
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:
C-�
City Clerk
APPROVED AS TO FORM:
VIKING E UIPMENT CORP.
ty Attorney Nam of Contra (Prtpcipa
Signature and Title
Authorized Signature and Title
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TO: CITY COUNCIL
•
BY THE CIT'r COUNCIL
CITY Of NEMORT BEACH
JUL 14 1986
FROM: Public Works Department
July 14, 1986
C -z.�71
CITY COUNCIL AGENDA
ITEM N0. F -2(b)
SUBJECT: DEMOLITION OF VACANT DWELLINGS ON BALBOA BOULEVARD
RECOMMENDATION:
1. Adopt a resolution declaring that the demolition of vacant
dwellings purchased for the widening of Balboa Boulevard is of
urgent necessity for the preservation of life, health, and prop-
erty; and that the contract therefor may be let without adver-
tising for formal public works bids.
Approve the plans and specifications, and authorize the staff to
proceed with an informal contract to complete the demolition work.
DISCUSSION:
Over several years, the City has purchased several dwellings along
Balboa Boulevard to implement the widening of Balboa Boulevard from 33rd Street
to 44th Street. Construction of the widening project is scheduled for this
fall.
To avoid unforeseen difficulties in relocating residents and to allow
residents to seek winter rental rates for replacement dwellings, all residents
were provided a 90 -day notice to vacate City -owned dwellings by June 1, 1986.
As of July 1, 1986 all premises have been vacated.
At the request of the Public Works Department, the City's Building
Department has inspected all City -owned dwellings along Balboa Boulevard; has
identified all structures (see attached Exhibit "A ") to be unsafe and dangerous
to human life and health; and has determined that the structures constitute a
fire hazard and are a public nuisance and liability to the City. Additionally,
the City's Fire and Police Departments have expressed interest in using the
structures for training purposes. The training demonstration will result in
further dilapidation of the structures.
To abate conditions of the structures as soon as possible, it is
recommended that the Council adopt a resolution declaring that the demolition of
vacant dwellings purchased for the widening of Balboa Boulevard is of urgent
necessity for the preservation of life, health and property; and that the
contract therefor be let without advertising for formal public works bids.
It is also recommended that the plans and specifications be approved;
and that the staff be authorized to proceed with an informal contract to
complete the demolition work.
C:
n
u
July 14, 1986
Subject: Demolition of Vacant Dwellings on Balboa Boulevard
Page 2
• Staff proposes to solicit a minimum of three bids and award the
contract as soon as possible to the lowest responsible bidder. Demolition of
all structures should be completed by the end of August.
The plans and specifications were prepared by the Public Works
Department.
The estimated demolition project cost is $30,000. Funding to cover
the contract has been budgeted as part of the AHFP /Gas Tax monies to construct
the Balboa Boulevard Widening Project.
4�z�- � r `� • "
Benjamin B. Nolan
Public Works Director
HH:jd
Att: Exhibit "A"
•
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RESOLUTION NO. 86 -60
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING THAT THE DEMOLITION
OF VACANT DWELLINGS PURCHASED FOR THE WIDENING
OF BALBOA BOULEVARD IS OF URGENT NECESSITY FOR
THE PRESERVATION OF LIFE, HEALTH AND PROPERTY;
AND THAT THE CONTRACT THEREFOR MAY BE LET
WITHOUT ADVERTISING FOR FORMAL PUBLIC WORKS
BIDS.
WHEREAS, the City of Newport Beach intends to widen and make street
improvements to Balboa Boulevard from 33rd Street to 44th Street; and
WHEREAS, the City of Newport Beach has purchased dwellings along Balboa
Boulevard to implement the widening of Balboa Boulevard from 33rd Street to 44th
Street; and
WHEREAS, the dwellings have been vacated; and
WHEREAS, dwellings have been declared structurally unsafe, constitute a
fire hazard and are otherwise dangerous to human life and health, and are a
public nuisance and liability to the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach that the demolition of vacant dwellings purchased for the widening
of Balboa Boulevard is of urgent necessity for the preservation of life, health
and property; and the contract therefor be let without advertising for formal
public works bids.
ADOPTED this 14th day of July , 1986.
ATTEST:
0
City Clerk