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HomeMy WebLinkAboutC-3187 - Bay Avenue Parking Lot RehabilitationCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 16,1998 Holland -Lowe Construction, Inc. 541 N. Main Street, Suite 104 -350 Corona, California 91720 (714) 6443005 Subject: Contract No. 3187 - Bay Avenue Parking Lot Improvements On July 27, 1998, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on August 12, 1998 - Reference No. 19980525970. The Surety for the contract is Ulico Casualty Company, and the bond number is B98114459. Sincerely, J r Ji LaVonne M. Harkless, CMC /AAE City Clerk LH:lvi cc: Public Works Department Horst Hlawaty, Project Manager encl. 3300 Newport Boulevard, Newport Beach Executed in Four (4) Counte•rts Premi•Included in the Performance Bond PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 BOND NO. B98114459 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Holland -Lowe Construction, Inc. hereinafter designated as the "Principal," a contract for construction of Bay Avenue Parking Lot Rehabilitation, Contract No. 3187 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3187 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's 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 the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Twenty Eight Thousand Five RindredMirty Four and no /100D011ars ($), 28,534.00 lawful money of the United States of America, 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, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery 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, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this 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. E PAGE '.6 The Bond shall inure to the benefit of any and all persons, companies: and corporations entitled to file Gaims under Section 3181 of the California Civil Code so as to give a right of actior to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And 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 tc 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 above named Principal and Surety, on the 15th day of May , 19 98 . HOLLAND -LOWE CONSTRUCTION, IN Name of Contractor (Principal) ULICO CASUALTY COMPANY Name of Surety 1551 N. Tustin Ave., Suite 1000 Santa Ana, CA 92705 Address of Surety (714) 953 -9521 Telephone Authorized Agent Signature Sheila K. McDonald, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE AQIOWLEDGMENT Am No. 5907 State Of California County of orange On May 15, 1998 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC- personally appeared Dale A Lowe NAMES) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and CO1 acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ x CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC- 4097/EP 7/94 © 1993 NATIONAL NOTARY ASSOCIATION • 8230 Remmet Ave- P.O. Box 7184 • Canoga Park CA 913097184 CALIFORNIA ALL - PURPOSE AA01OWLEDGMENT State Of California No. 5907 County of Orange On May 15, 1998 before me, DATE personally appeared Jeri Sumner, Notary Public NAME. TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC' Sheila K. McDonald NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JENN SUMNtR l LOS ANGtiFSCOUNY WITNESS my hand and official seal. SIGNATURE OF NO . Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑K ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC-4007/EP 7/94 © 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park CA 913097184 • ULICO • CASUALTY COMPANY 1239 1 I 1 Massachusetts Avenue, N.W. Washington, DC 20001 ■ ■ ■ ■ POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington. DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers-of- Attomey, qualifving the attorney named in the Powers- o6Altomey to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power -of- Attomey or to any certificate relating thereto by facsimile, and any such Power -of- Attomey or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTTTT1TE AND APPOINT: James W. Moilanen, Mike Parizino, Janina Monroe, Sheila K. McDonald, Lourdes Landa and Jeri Sumner, of Willis Cartoon Corporation, of Santa Ana, in the State of California, its toe and lawful Attomev(s }in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attomey(sym -Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 1st day of November, 1996. ....n - D ,c: Ji A-1 Ci. S': 94....._.�oe the ie3f 15._�d3 i'I ^_, t.- :2 ti. 11 --ib]�< Iiti<, 12 5:, �= 1:'1._i L'a l.. ^I3LC ;. _�, f,lli ..i: fii _' ii ;1 t_ `, �3 °.'.'.:f 3tt2,�Iood `.0 1 dcc -iment executed subzez - +e ^,t 10 Ulico Casualty Com y G.' n a •fp District of Columbia ss: V; SEAL i $y: ert A. Georgine, Chai d Chief Executive Officer On this 1st day of November, 1997, before the subscriber, a Notary Public of the District o olumbia, duly commissio ed d qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and offi described therein, and w ecvted the preceding instrument, and acknowledged the execution of the same, and being by me duly swom, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instmment is the Corporate Seal of the Companv, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. u� NOTARy9 PUBLIC CERTIFIG 1, Joseph A. Carabillo, Assistant Secretary of Utica Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the corporation th' 1 h day/af May 1995$. 0 .spy- • � C G c . v° SE By: ph A Carabillo, Assistant Secretary UCB- 102 -POAI (09/94) Executed in Four (4) Count :rts • PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 BOND NO. 898114459 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 411.00 being at the rate of $ 14.40 Per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, April 27, 1998 awarded to Holland -Lowe Construction, Inc. hereinafter designated as the "Principal ", a contract for construction of Bay Avenue Parking Lot Rehabilitation, Contract No. 3187 in the City of Newport Beach, in strict conformity with the plans. drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3187 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract;. NOW, THEREFORE, we, the Principal, and Ulico Casualty Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport weAt F�ht Tliousand Fiv Beach: in the sum of „nd a r y ovr ana nn /°Ton Dollars ($28,534,00 1, lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, 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 present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 0 PAGE .F As a part of the obligation secured hereby, and in addition to the face amount specified )n this Performance Bond, there shall be included costs and reasonable expenses and fees including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, 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 o- to the specifications accompanying the same shall in any way affect its obligations on this Bond and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal 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 15th day of May 11119-4 HOLLAND -LOWE CONSTRUCTION, INC. Name of Contractor (Principal) ULICO CASUALTY COMPANY Name of Surety 1551 N. Tustin Ave., Suite 1000 Santa Ana, CA 92705 Address of Surety (714) 953 -9521 Telephone Authorized Agent Signature Sheila K. McDonald, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPOSE State of Calif oxnia County of Orange `IOWLEDGMENT - No. $907 On May 15, 1998 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E.G., *JANE DOE. NOTARY PUBLIC" personally appeared Dale A Lowe NAME(S) OF SIGNERIS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I a. 7 WITNESS my hand and official seal. 1A .:. �i o SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCU SIGNER(S) OTHER THAN NAMED ABOVE WC- 4067 /EP 7/94 © 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park CA 91309 -7184 CALIFORNIA ALL - PURPOSE State of California County of Orange IOWLEDGMENT . No. 5907 On May 15, 1998 before me, Jeri Sumner, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC' personally appeared Sheila K. McDonald NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. C�LlJ_[a7YVAN"I IV, I4H -YE9LC 14011 =I;] ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 © 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Pafk CA 91309.7184 signature(s) on the instrument the person(s), or the entity upon j: JEkStIMNte behalf of which the person(s) acted, executed the instrument. comm. 0I 34tm (: Pl o ;;L. s•; j . LOS ANGELES C0I.AW f nm Comm Exp19sJU 3 . 11" WITNESS my hand and official seal. 1 `/LA ,fe A SIGNATURE OF NOTARY �� OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. C�LlJ_[a7YVAN"I IV, I4H -YE9LC 14011 =I;] ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 © 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Pafk CA 91309.7184 Recorded in the county of orange, California RECORDING REQUESTED BY AND + I��I�++ IIIIJ�JJ I+ + IIIII JJ++I8 No Fee clerk/Recorder WHEN RECORDED RETURN TO: 1��+ I I III I11 I I II I III III I City Clerk Dos 24013121 219980525970 2:44pm 08112198 City of Newport Beach NO3 r 6.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, 1 Newport Beach, California, 92663, as Owner, and Holland -Lowe Construction of Corona. California, as Contractor, entered into a Contract on April 27. 1998. Said Contract set forth certain improvements, as follows: Bay Avenue Parking Lot Rehabilitation, C -3187. Work on said Contract was completed on June 26. 1998, and was found to be acceptable on July 27. 1998, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Ulico Casualty Company. W Q r2• BY > Uo Public orks Director LLJ N City of Newport Beach U tl! ° o W VERIFICATION �U I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. City Clerk O t. • • TO: FROM: SUBJECT: • • C38) C -3\�Q July 27, 1998 CITY COUNCIL AGENDA ITEM NO. 9 M. Mayor and Members of the City Council Public Works Department COMPLETION AND ACCEPTANCE OF BAY AVEM REHABILITATION, CONTRACT NO`34-91. 31 8 RECOMMENDATIONS: JUL 2 7 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On April 27, 1998, the City Council authorized the award of the Bay Avenue Parking Lot Rehabilitation contract to Holland -Lowe Construction of Corona, California. The contract provided for the construction of sidewalk, curb, driveway approach, overlaying the parking lot/roadway with asphalt and constructing other incidental items of work. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $28,534.00 Actual amount of bid items constructed: 26,457.15 Total amount of change orders: 4,440.96 Final contract cost: $30,898.11 The decrease in the amount of actual bid items constructed over the original bid amount resulted from the deletion of a bid item covering the grinding of existing pavement and other minor adjustments to bid item quantities. The final overall construction cost including change orders was 8.3% over the original bid amount. One change order was issued in the amount of $4,440.96 which provided for cold planing significant portions of the parking lot and roadway for purposes of obtaining proper drainage following the placement of asphalt pavement. 11 • SUBJECT: COMPLETION AND ACCEPTANCE OF BAY AVENUE PARKING LOT REHABILITATION, CONTRACT NO. July 27, 1998 31 Page 2 Funds for the project were budgeted in the General Fund -Off Street Parking Account No. 7022- C5100377 (Bay Avenue Parking Lot Rehabilitation). All work was completed by June 26, 1998, the scheduled completion date. Respectfully su fitted, C� PUBLIC WORKS DEPARTMENT Don Webb, Director By 4l ��l1uJ Horst Hlawaty Construction Engineer 0 July 28, 1998 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 (714) 644 -3005 RE: Notice of Completion for Bay Avenue Parking Lot Rehabilitation - C -3187 Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lvi Attachment 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 pursuant to Government Code'Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Holland -Lowe Construction of Corona, lif rnia, as Contractor, entered into a Contract on April 27. 1998. Said Contract set forth certain improvements, as follows: - 5 . . : ii Work on said Contract was completed on June 26. 1998, and was found to be acceptable on July 27. 1998, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Ulico Casualty Company. m Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY City Clerk " �t 0 0 City Clerk (original) PAGE 1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 11 :00 a.m. on the 1511 day of April. 1998 at which time such bids shall be opened and read for BAY AVENUE PARKING LOT REHABILITATION Title of Project Contract No. 3187 $27,000 Engineer's Estimate proved by n Don Webb {� Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Steve Luy, Project Manager at (714) 644- 3330. PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO, 3187 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTORS BIDDER'S BOND NON - COLLUSION AFFIDAVIT TECHNICAL ABILITY AND EXPERIENCE REFERENCES 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 documents. 3. 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. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. 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 discrepancy 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 omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. • • PAGE 3 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. 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 contract. 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 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 7005/ fi-,iIJG07 Contractor's License No. & Classification Bidder . V.:( hi lJ 4 qQ Dat (� 0 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum ofTen percent of amount bid indollars ($ 107 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Bay Avenue Parking Lot Rehabilitation, Contract No. 3187 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing 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. Witness our hands this 14th day of Aril 1998 HOLLAND -LOWE CONSTRUCTION, INC. Name of Contractor (Principal) / Authorize S' naturelTitle ULICO CASUALTY COMPANY t L/1Al Name of Surety A orized Agent Signature 14726 Ramona Avenue Chino, CA 91710 Address of Surety (909) 393 -4712 Telephone Janina Monroe Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKIN2WLEDGMENT Alk No. 5907 State of California County Of Orange On April 14, 1998 before me, Jeri Sumner, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC personally appeared Dale A Lowe NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .. JET 3UAlINER l OOMM.itG144AS ; WITNESS my hand and official seal. �; `� Notay P�b6C — CaOfOmb ?; y l, � L� ANG£L�S COUNhI � My Comm. EwlesjuL3,0,Arj —;g-W �y ;r 63r. SIGNATURE OF NO Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORN EY -I N- FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC-4087 /EP 7/94 0 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmot Ave.. P.O. Box 7184 • Canoga Park CA 913097184 . CALIFORNIA ALL - PURPOSE State of California County of orange No. 5907 On April 14, 1998 before me, Patricia H. Brebnex, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC' personally appeared Janina Monroe NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. N„ H. BREBNER Commission #7146000 Notary PubCC- California n orange County WITNESS /�rIy hand and official seal. Vy Comm. FxP1; Ps Jul 5, 2001 rl: �",`•'/ // /,Q) SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT NER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 0 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park CA 91309 -7184 ULICO 0 CASUALTY COMPANY 1180 I I I Massachusetts Avenue, N.W. Washington, DC 20001 ■ ■ ■ ■ POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers -of- Atlomey, qualifying the attorney named in the Powers -of- Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power -of- Attomey or to any certificate relating thereto by facsimile, and any such Power -of- Atlomey or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: James W. Moilanen, Mike Parizino, Janina Monroe, Sheila K. McDonald, Lourdes Landa and Jeri Sumner, of Willis Corroon Corporation, of Santa Ana, in the State of California, its true and lawful Attomey(s }in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in itS behalf, and as its act and deed, without power of redelegation, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attomey(s }in -Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this lst day of November, 1996. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, this notice is in red ink, and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty Com �y 5tif1;• District of Columbia ss: SEAL i, By: _ ert A. Georgine, Chairma nd Chief Executive Officer On this 1st day of November, 7997, before the subscriber, a Notary Public o(the District o olumbia, duly commi"s'. ed d qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and offi described therein, and w ecuted the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. pOTARY 8 4„ PUBLIC e° A otary Public °r D.Y. Justice ea hfy Commiss CERTIFICATION 'Of' Expires March 1, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are We and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the corporatioa4p 14h daypf April 199 8 rs3`�rr /GJ `/gy, WI SEAL � seph A Carabillo, Assistant Secretary UCB- 102 -POAI (09194) "410®" 0 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work �2150MLLRWVM 2. 3. 4. 5. 6. 7. 8. 9. Address ', C4_1 PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed N me /A enc To Contact Number WUJ q�i Cal l e 385-5 C1,1 0S69 . lq I�► 1 0 77 M all 'fray Y5 �� 0 10a1C City of Highland Roger Lane SL Improvements, 9' St. to 88' Northerly Project No. TS95 -007 Bid #95 -1 14177 Frederick SL 26985 East Baseline Moreno Valley CA Highland, CA Contract Amount Project Manager Mr. James A. Godredsen Change Order No. 1 Original Contract Amount 75,891.50 Change Order No.1 3,41050 Change Order No. 2 - 2,368.05 Net Total 76,633.95 Start Date 11/13/95 End Date 03/04/96 End Date 01/12196 1002C City of Moreno Valley Street Improvements and Traffic Signal Modification Project No. TS95 -007 14177 Frederick SL Moreno Valley CA Contract Amount 143,726.05 Change Order No. 1 3,539.82 Change Order No. 2 21,192.98 Change Order No 3 1,195.00 Net Total Contract 170,408.85 Start Date 12/06/96 End Date 03/04/96 1003N Yorba Linda Country Club 19400 Maintain View Ave. Yorba Linda, CA Plan File No 100 -3N I Job No. 40 -0215 Contact Reed Ness Total Contact Start Date 03/11/96 End Date 04126196 1004N Clover Club 25570 Baseline SL San Bern. CA Owner Curtis Craig Contract Amount Start Date 01105i96 End Date O1/12i96 1005C Palm Meadows Golf Course Parking Lot Improvements Special Prov. 49433 City of San Bernardino 300 North D Stmt San Bernardino, CA Contact Steve Eana Contract Amount Start Date 06/03/96 End Date 08/26/96 $53,000.00 $14,000.00 28,137.95 0 0 0 1006C City of Rialto Linden Ave. Repair Project No. 984 150 S. Palm Ave. Rialto, Ca 92376 Mr. Art Cceef Assistant Engines Contract Amount 41,343.00 Start Date 07/01196 End Date 07/15/96 1007C City of San Bernardino Lynnwood Between Dc Rosa and Victoria Ave. 300 North D Street San Bernardino, Ca Plans and Spec 49043 Contact Steve Enna Total Bid 293,763.60 Total Billed after change orders 297,999.11 Start Date 06/24/96 End Date 08/14/96 1008C Citv of San Bernardino Tippecanoe and 10 Fury Street and Traffic Signals Improvements Project No. 300 North D Street San Bernardino, CA Contact Steve Enna Contract Amount 326,4 t 9.45 Total Billed Inc. Change Orders 45021152 Start Date 08/30/96 End Date 02/14/97 1009C City of San Bernardino Pavement Rehabilitation, University Parkway, Water Ave. and Mill SL Plans and Specs No. 9470 300 North D Street San Bernardino, CA Contact Steve Enna Contract Amount 324,392.61 Billed After Change Orders 335,504.87 Start Date 07/08/96 End Date 10/22/96 fOIOC City of San Bernardino Pavement Rehabilitation Rubberized Chip Seal Various Locations Plans and Specs 49303 300 North D Street San Bernardino, Ca Contact Steve Enna Contract Amount 606,534.00 Reduction Per City Budget 152,733.13 Total Billed 455,800.87 Start Date 09/05/96 End Dare 10/24/96 • 1011C City of San Bernardino Installation of Street Lights, Traffic Signals, Irrigation System, and Street Widening at Sixth Street From "E" Street to "H" Street Plans and Specs 89435 300 North D Street San Bernardino, CA Contact Steve Enna Contract Amount 366,560.00 Total Billed Including Change Orders 367,711.24 Start Date 01/17/97 End Date 722/97 1012C County of Riverside Traffic Signals and Roadway Improvements 1. Bundy Carron Road and Mission Trail 2. Central Street and Palomar Street Plans and Specs Project No. A3 -0426 & A3 -0420 4080 Lemon Street Eighth Floor Riverside, CA Contact Hugh Smith Contract Amount 299,143.00 Total Billed 245,618.11 Start Date 12/16196 End Date 03x0/97 1013C City of Santa Ana Westminster Avenue Street Improvements At Euclid Street Plans and Specs 81714 20 Civic Center Plaza Santa Ana, CA Contact William Albright Contract Amount 327,124.30 Total Billed 310,215.20 Start Date 2120/97 End Date 8/13/97 1014C City of Moreno Valley Perris Blvd. And Ironwood Avenue Intersection Improvements Plans and Specs Project 894 -25826 14177 Frederick Street Moreno Valley, CA Contact William Murray Contract Amount 298,998.05 Total Billed 296,671.87 Start Date 12/11/96 End Date 5/14/97 0 0 1 o15C City of Moreno Valley Hemlock Avenue Improvements Pigeon Pass Road to 800 Fcet Easterly Plans and Specs Project 996 -25893 14177 Frederick Street Moreno Valley, CA Contact John Hogard Contract Amount 146,230.00 Total Billed 180,814.15 Start Date 3/5/97 End Dam 7/9/97 1016C City of San Juan Capistrano Preventative Street Maintenance, 1996 -1997 Via California/Camino Las Ramblas, Avenida Aeropucrto, Mission Hills and Capistrano Villas Speed Bumps 32400 Pasco Adelanto San Juan Capistrano, CA Contact Brian Perry Contract Amount - 164,117.85 Total Billed 166,230.11 Start Date 3/20/97 End Date 6116/97 1017C County of Riverside Sub Contractor for Computer Services 4570 East Eisenhower Circle Anaheim, CA 92807 Contact David Chadbourne Contract Amount 77,940.55 Total Billed 72,975.06 Start Date 6/17/97 End Date 8/6/97 1018C County of San Bernardino Crafton Avenue at Highway 38 Project #T00312 825 E. Third Street San Bernardino, CA Contact Jerry Ivy Contract Amount 212,285.35 Total Billed 266,368.76 Start Date 6/19/97 End Date 9/30197 1019C City of Yorba Linda Highland Ave. Street Improvements 4845 Casa Loma Avenue Yorba Linda, CA 92886 Contact Gideon Felisan Contract Amount 39,112.95 Total Billed 38,516.23 Start Dare 06/19/97 End Date 07/08/97 0 0 1020C City of Irvine Alton Parkway & Jeronimo Widening Right Turn Lane One Civic Center Plaza Irvine, CA 92714 Contact Person Ed Myers Contract Amount 107,632.79 Billed to Date 87,80L06 Start Date 9/08/97 End Date 11/03/97 1021C City of San Juan Capistrano Del Obispo Street Rehabilitation (Pasco De La Paz to Ali Paz Street 32400 Pasco Adelanto San Juan Capistrano, CA 92675 Contact Person Brian Perry Contract Amount 222,595.20 Total Billed to Date 237,615.67 Start Date 8/4/97 End Date 9/15/97 1022C County of Riverside Newport Road -Evans Rd to 1000' East of Bradley Rd. /Goetz Rd to Murrietta Rd. Project W /O#A6 -0237, A7 -0306 4080 Lemon St. 86 Floor Riverside, CA 92504 Contact Person Hugh Smith Contract Amount 470,581.60 Change Order 91 2,400.00 Total Billed to Date 91,206.00 Start Data 10/27/97 End Date On Going 1023C County of San Bernardino Etiwanda Ave., North Ontario Mills Parkway 825 East Third Street San Bernardino, CA 92415 Contact Person Jerry Iw Contract Amount 39,016.49 Billed To Date 37,127.56 Start Date 10/6/97 EndDate 11/12/97 1024C Inland Empire Job Corp. Access Road Construction 3173 Kerry Street San Bernardino, CA 92407 Contact Person Brad Bruton Contract Amount 105,526.86 Billed To Date Start Date 12 -08 -97 End Date On Going • 0 1025C Citv of San Bernardino Pavement Rehab.: Hospitality Lane Between South 'E" and Waterman Ace.. and Lena Road Between Mill Street and Rialto Ave. 300 North "D" Street. 3'" Floor San Bernardino, CA 92418 Contact Person Steve Enna Contract Amount 307,687.35 Billed To Date 300,831.45 Start Date 8/18/97 End Date 1011197 1026C City of San Bernardino Pavement Rehab., University Parkway from College to Kendall Drive, Waterman Ave. from 5' Street to 7m Street, Mill Street from E to Stem Way. ' 300 N. "D" Street, 3'a Floor San Bernardino, CA 92418 Contact Person Steve Enna Contract Amount 276,048.45 Billed To Date 295.233.62 Start Date 8/18/97 End Date 10/08/97 1027C City of Rialto Cactus and Merrill Ave. Project No. 862 150 South Palm Ave. Rialto, CA 92376 Contact Person Bruce Cluff Contract Amount 223,813.45 Change Order # 1 2,320.00 Total Contract Start Date 12103/97 End Date On Going 1028C City of San Bernardino Contract No. 9689 Contact person: Roger Hardgrave 300 North ° D " Street San Bernardino, Ca. 92408 Median and Storm Drain Improvements Tippecanoe ! between HospitalityY Lane and Mission Creek. Contract amount 269,151.10 Billed to Date 291,306.46 Start Date 10 -06 -97 End Date 12 -05 -97 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) PAGE 7 Dale A Lowe being first duly sworn, deposes and says that he or she is President of Holland -Lowe Construction. Lntha party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation: that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1 declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. HOLLAND -LOWE CONSTRUCTION, INC. Bidder Subscribed and sworn to before me this _day of , 19_ rSEALj Notary Public My Commission Expires: CALIFORNIA ALL - PURPOSE State of California County of Orange On April 14, 1998 before me, Jexi Sumner, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC" personally appeared Dale A Lowe NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ No. 5907 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. X. 0 A 7 )C A .�.�D n SIGNATURE OF N ARV OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC-0067 /EP 7/94 © 1993 NATIONAL NOTARY ASSOCIATION • 8238 R.,n net Am, P.O. Box 7184 • Canoga Park CA 91309 -7184 JEgI SUMNeR �4 �,�(!, COMM, 0 . —CaRf ss "f. Norory Plbao — CanronNO MY LOS ANGELES COUNiY Comm. bares 3UL 31;14SS dd k' No. 5907 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. X. 0 A 7 )C A .�.�D n SIGNATURE OF N ARV OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC-0067 /EP 7/94 © 1993 NATIONAL NOTARY ASSOCIATION • 8238 R.,n net Am, P.O. Box 7184 • Canoga Park CA 91309 -7184 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 To the Public Works Director City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3187 in accord with the Plans (R- 5721 -L) and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT NO. AND UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Traffic tControl o.�( Dollars Cents ad per Lump Sum 2. 3,000 S.F. Remonsting Improvements @ Dollars and Cents per Square Foot P -t TOTAL PRICE l.zo $3160b.01) 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT NO. AND UNIT PRICE WRITTEN IN WORDS PRICE c H 5 3 7 TOTAL PRICE 380 L.F. Construct Type `B" P.C.C. Club @ ! Dollars �\ d Cents $ ��• $ 3,• per Linear Foot 570 S.F. Construct P.C.C. Sidewalk @ Dollars /�[� /,�^^ Cents d $ 7'7V $Z�Sv(�.� per Square Foot 160 S.F. Construct 6 -Inch Thick P.C.C. Driveway Approach Dollars C ''^^ �r ✓ �� Centsd $ 5.1V $ O /47 CJU per Square Foot 300 S.F. Construct 6 -Inch Thick P.C.C. Landing With fbiickened Edge @✓ �-� Dollars T -L cants $ 610 $ 135 36 DZ per Square Foot 150 S.F. Construct 6 -Inch Thick PCC Roadway pp @ �\�C� Dollars r,,Centsd � $ L $7t/v per Square Foot 2W 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 400 S.F. Construct A.C. Roadway Patch Back @ WD Dollars and Cents $ 2.2D $ W. an per Square Foot 9. 375 S.F. Grind Existing @ Dollars t and Cents per Square Foot $ 3•�cQ$I, 6D � 10. 2,740 S.Y. Install Pavement Reinforcing Fabric @ I� Dollars A/ T /U' 2 Centsd $ D 9S $Z1�U�J per Square Yard 11. 160 Tons Construct 1 -Inch Minimum A.C. Overla @ Dollars Cents d $ �/7 T y s_7__. 6z pJ Ton 12. Lump Sum Install Removable Bollard A110 Dollars ���, &� and � /�.� J(���� (l'ents $ gLl/ UU per Lump um P -3 0 ITEM QUANTITY NO. AND UNIT E ITEM DESCRIPTION AND UNIT UNIT TOTAL PRICE WRITTEN IN WORDS PRICE PRICE 13. Lump Sum Patch Existing Seawall per Lump Sum TOTAL BID PRICE IN WRITTEN WORDS / Bidder's Bidder's Dollars I- $ ct�.z Total Bid Price in Figures Address J101 A 461 / G .d/ . ' L U7 e�5T 11%' Yt 4 Bidder's Telephone • M Contractor's License No. & Classification - q6) :5 -61y�06a"7 I Date rized Signature & Title P -4 „Mlrvnrvua'aLL- rVnrVaC A+ NVVVLtuurvltrvt State Of califoxnia County of Ozange No. 5907 On Apxil 14, 1998 before me, Jezi Sumaex, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC' personally appeared Dale A Lowe NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon j) behalf of which the person(s) acted, executed the instrument. # JM4M H r WITNESS my hand and official seal. Notaµry�P�tyb�R0 Colf�olnia Ff / tOg AWELES COU”' � Nay carnm. Expkes.ith 3'1 9J 8 y _ C SIGNATURE OF%Aii7y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) I TITLE(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WC- 4057/EP 7/94 0 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park CA 91309 -7184 0 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 CONTRACT THIS AGREEMENT, entered into this .Z day of i A 19 tl by and between the CITY OF NEWPORT BEACH, hereinafter "City," an olland-Lowe Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: BAY AVENUE PARKING LOT REHABILITATION Project Description 3187 Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3187, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: 0 0 PAGE 10 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Twenty Eight Thousand Five Hundred Thirty Four and No /100 Dollars ($28,534.00). This compensation includes (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Luy (714) 644 -3330 6. LABOR CODE 3700 LIABILITY INSURANCE Contract, hereby certifies: Holland -Lowe Construction, Inc. 541 N. Main Street, Suite #104 -350 Corona, CA 91720 (909) 734 -9200 Contractor, by executing this "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." PAGE 11 7. INSURANCE (a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: 1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 0 0 PAGE 12 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (b) Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. 0 3. All Coverages PAGE 13 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify or defend City from the sole negligence or willful misconduct of City, its officers or employees. PAGE 14 D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. O` ATTEST: } CITY CLERK »� \� CITY OF NEWP RT BEACH A Municipal J� P By: 6`a,PT_ THOM E' A AYOR ;CAOWORNEYO' AS T ORM: CONTRACTOR, i By: Authoriz ed q ture and Title ACORD CERTIFICA! OF LIAj,BiLITY 1N suk C4SR $$ DATE (MM DpNY) OLLA -1 05/15/98 PRODUCER - - - 'y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wood - Gutmann Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0679263 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3100 Bristol Street, Suite 390 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Costa Mesa CA 92626 COMPANY \ / A Transportation Insurance Co. XV Scott M. Milne, CPA Phone No. 714- 557 -0800 FaXNo.714 -557 -4132 INSURED COMPANY B Golden Eagle nsu COMPANY Holland -Lowe Construction, Inc C 541 N. Main St., Suite 104 -350 Corona CA 91720 -2043 COMPANY D I - COVERAGES: - . °,... - : °: ;:. :: ;;' .. ': '% - WOhn THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO A AIF.MPEAJfi�' INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME NICF1 THIS CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE tMNJpDNY) POLICY EXPIRATION DATE (MMRXHYY} LIMITS GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 • COMMERCIAL GENERAL UABILRY 1043004459 10/10/97 10/10/98 X PRODUCTS - COMP/OP AGG $2,000,000 CLAIMS MADE 1*1 OCCUR PERSONAL & ADV INJURY $ 1,000,000 X EACH OCCURRENCE $ 1,000,000 OWNER'S& CONTRACTOR'S PROT X $2,500 PD Ded FIRE DAMAGE (Any one fire) $ 50,000 MED EXP(Any one person) $ 5,000 • AUTOMOBILE LIABILITY ANY AUTO 1036665379 10/10/97 10/10/98 COMBINED SINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per parson) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Peraccident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILTY I WCSTATU- 0TH - TORY LIMITS I I ER EL EACH ACCIDENT $ 1,000,000 B THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE OFFICERS ARE: EXCL NWC42247001 01/01/98 01/01/99 EL DISEASE - POLICY LIMIT $1,000,000 EL DISEASE - EA EMPLOYEE $1,000,000 OTHER A Rented /Leased 1043004459 10/10/97 10/10/98 Leased $150,000 Equipment Ded $ 500 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLEWSPEOML ITEMS *10 Days Notice of Cancellation for Non Payment of Premium.City of Newport Beach its officers, officials employees and volunteers are listed as an additional insured per the attached G39543B form. Primary wording applies. Waiver of Subrogation applies to the Workers Compensation endorsement to follow. CERTIFICATE'.HOLDER CYINCELLATIUN ,. CITYNBl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1110JIMM MAIL Public Works Department 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Steve Luy, Project Manager P.O. Box 1768 Newport Beach CA 92658 -8915 AUTHORIZED REPRES I j / �j Scott M. ne, P ACORD 25S (7196( - ®'ACORO CORPORATION 49$8 mot 1l , s s &.:4'if 10A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured an this policy under. 1. A written contract or agreement; or 2. An oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued; but the written or oral contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy: and 2. Executed prior to the 'bodily injury', 'property damage'. 'personal injury' or 'advertising injury'. B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: a. Your premises; b, 'Your work' for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of 'your work°. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required by contract or agreement, the coverage provided to the additional insured by this endorsement does not apply to: a_ 'Bodily injury' or 'property damage' occurring after. (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (2) That portion of 'your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. b. ' 8odily injury' or 'property damage' arising out of acts or omissions of the additional Insured other than in connection with the general supervision of your work'. 4. The insurance provided to the additional insured does not apply to 'bodily injury', 'property damage', 'personal injury', or 'advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps. drawings. opinions, reports, surveys, change orders, design or specifications; and b. Supervisory, inspection, or engineering services. S. Any coverage provided under this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary. excess, contingent or an any other basis unless a contract specifically requires that this insurance be primary. G- 39543 -B Page 1 of 1 N • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Wakeham - Baker, Inc. 3152 East La Palma Avenue, Suite I Anaheim, California 92806 Gentlemen: (714) 644 -3005 May 5,1998 Thank you for your courtesy in submitting a bid for the Bay Avenue Parking Lot Rehabilitation (Contract No. 3187) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, L��Mnki �U � {KWl� kff LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter City, in the principal sum of TEN PERCENT OF BID dollars ($ l0% J. to be paid and forfeited to the City of Newport Beach 9 the bid proposal of the undersigned Principal for the construction of Bay Avenue Parking Lot Rehabilitation, Contract No. 3187 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing 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. Witness our hands this 13th day of APRIL tg 98, WAKEHAM - BAKER, INC. Name of Contractor (Principal) AMWEST SURETY INSURANCE COMPANY Name of Surety 330 N. BRAND BLVD., STE 550 Address of Surety Print Name and Tide GLENDALE, CA 91203 (818) 246 -5353 Telephone ATTORNEY -IN -FACT (Notary acknowledgment of Principal 3 Surety must be attached) STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On���17g before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SignaturP.t��`1 w f01uA Q OPTIONAL ROSEMARY STANDLEY COMM. #1090462 d NOTARY PUBLIC • CALIFORNIA m 'fie RIVE My C* =, CNOM U Y 7. 2000 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) r ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT EXPIRATION DATE POWER NUMBER READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company (the "Company ") on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA maybe made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concemed about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (818) 246 -5353 - constitute and appoint: SHAWN BLUME MICHAEL D. STONG SUSAN C. MONTEON ROSEMARY STANDLEY AS EMPLOYEES OF STONG INSURANCE SERVICES, INC. its true and lawful Attomey -in -fact, with limited power and authority for and on behalf of the Company sir to dxecu[affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Ac o r per ip or other w ritten obligations in the nature thereof as follow: O Bid Bonds up to S••1,000,000.00 Contract (Permit Bonds Payment), Court, Subdivision S••5,000,000.00 (`A License &Permit Bonds np to S`•• •250,000.00 Miscellaneous Bonds up to S••••250,000.00 and to bind the company thereby. This appointment is made under and by authl�lEv�lt�e By -La e in Wiich are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Ne corporation FBY TI FY that this Power of Atmmey remains in full force and effect and has not been revoked and furthermore, that the ore f the Board fo on this Power of Attorney, and that the relevant provisions of the By -Laws of the Company, are now in full force an Bond No. Signed & scaled thi Karen O. Cohen, Secretary ♦ M M ♦ ♦ • • ♦ ♦ M +Y ONS T O DIRECTORS i ♦ * M • ♦ # • * i • This POA is signed and sealed by facsimile under nd by autho o t owi utions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on DecemberJ�@1975: RESOLVED, that the President or any to P jdent, in r%I2,P wit Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the ins e vlwm4& tment' `ac case, for and on behalf ofthe Company, m execute and deliver and affix the seal of the Company to bonds, undertaking , ces, obligatns of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA previously gran mon, RESOLVED FURTHER, that an nd, unde gm suretyship obligation shall be valid and bind upon the Company; (i) when signed by the President o any Vi as[ an and sealed life seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any 'dent 31e, or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized allomey -in -fact or age o (((((( (iii) when duly executed and seal iCa requirone or more attorneys -in -tact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issu ompany to sue person or persons. RESOLVED FURTHER, that the si na re of any authorized officer and the seal of the Company maybe affixed by facsimile to any POA or certification thereof authorizing the execution and del' cry of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when soused shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal lobe hereunto affixed ibis 14th day of December, 1995. John E. Savage, FresIdent Karen G. Cohen, Secretary State of California County of Los Angeles On December 14, 1995 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/= subscribed to the within instrument and acknowledged to me all that hrJshdthey executed the same in his/ her /their authorized capacity(ies), and that by hisArerhhefr signature(s) ins rn e e n o he n[' u on ch of which the persons)=led. executed the instrument. `nIINISI(,J WITNESS hand and official seal. PECCY R{)FMN a po 1NS.... — Conn*dVn o6eDY i1 P..y, Mo1alrFlac— CoNotrlo 0 '9,k.C=, Signature (Swl) IO�Mtptdw Comes , 2 = a Lotlon,NotmyPu ' IMContsn[�Yt»pV6,1VW co DEC.14, C i F i 1995 n r M 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Gillespie Construction, Inc. 245 Fischer Avenue, Suite B -3 Costa Mesa, California 92626 Gentlemen: (714) 644 -3005 May 5,1998 Thank you for your courtesy in submitting a bid for the Bay Avenue Parking Lot Rehabilitation (Contract No. 3187) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, 1!A1I LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF BID dollars (S-10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Bay Avenue Parking Lot Rehabilitation, Contract No. 3187 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing 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. Witness our hands this 13th day of APRIL , 19 98 . GILLESPIE CONSTRUCTION, INC. Name of Contractor (Principal) UNITED PACIFIC INSURANCE COMPANY Name of Surety 700 N. BRAND BLVD., STE 1250 Address of Surety GLENDALE, CA 91203 (818) 240 -6960 Telephone AuthonAd Signatur&tdlesT=IC)rl(d 7 ennzff � Authorized Agent Signature SUSAN C. MONTEON ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) California All- Purpose Certifid* of Acknowledgment State of California County of Draricr.2 On this the 144-141 day of ( 1 191?8 , before me, ( ne4 0 Name of Nola, Pulk, a Notary Public for the State of California, personally appeared T )P'n fI- Name(s) of Signers(s) personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. JANET L. RUSSELL 'n @Mx Comm. ►11661 23 1h ROARY MIA Otop c Wviihi team. Er ee Oet.21, 2001 ,a Notary's Si acute Seal OPTIONAL INFORMATION The information below is optional. Hmvever it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL % 'F f _ [) rj ® CORPORATE OFFICER rte—% (,� t,Spre2taJ'ilT�J rem Title or Type of Document Titles) PARTNER(S) ATTORNEY- IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: Name of Person(s) I Number of Pages 41-1 ? -9& Date of Document Other ® 1997 ESI Educational Seminars, Inc. Reproduction Prohibited Reorder: Call 1- 800.303 -5123 STATE OF CALIFORNIA COUNTYOF RIVERSIDE On- 31 q9 before me, _ PERSONALLY APPEARED SUSAN C. MONTEON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature I SS. ROSEMARY STANDLEY OPTIONAL ROSEMARYSTANDLEY COMM. #1030462 NOTARY PUBLIC - CALIFORNIA v1 RIVERSIDE COUNTY My Comm. EV fag Juq 7.9= _ Tlri$ area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) r, TITLE(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONS ERVATO R OTHER: SIGNER IS REPRESENTING: Nn E OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -OBI Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT RELIANCE SURETY COMPANY INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC' INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Susan C. Montoon, of Riverside, California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneys) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: - -. ARnCLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, but Chairman of the Board, any Senior Vice President, any Via President or Assistant Vka President w other officer designated by the Bard of 1 Obactors oleo Iowa Power and awthuthy m W appoint AtternaYln -ksFett aril m authorize them to execute an behalf of the Cmany, bands and underteNngs. rxograxanees, contracts of WanMry. « and oho writings obligatory in the nature heraof, and ibl to ranywo a" such Attaray(s)4I Fact at any time and revoke he power and authority glym to them. - . ki i 2. Attorneyisl -on -Fact shall have power W authority, subject to the tams and limitations of the Power of Attorney issued to them. to eascute dellver on behalf of the Co npanr. bard and undenaldgs, recognizacant, contracts of IndanniN and other writings obligatory In the nature hereof. The corporate seat is not necessary for ha valldiry of any bonds and uderukNgs.�'r reeogrozanees, contracts of indermey and otter writings obligatory in are name hereof. - - - 3. Attorreyfsl -in -Fact mall have power and authority to execute affidavits required to be attached to bonds, recogri lWaS, contracts of Indemnity or other conditional Of obggetmy_. undertakings and they shall also have power and authority to certify the financial stoo mans of the Cunnpany ad to copies of Me By -Laws of he Company Or any anielo or section hereof. This Power of AttorMy Is slgned and sealed by facsimile under and by authority of the following resolution adapted by the Executive and Finance Committees of the Boards of Dinsmore of Wexs- Irawsnce Company, United Pacgt, insurance Canpany and Reganca National Irdan cry Company by Urunimoa consent dated as of February 28. 1994 and by he Executive and Fnglnd: Canmittae of he Bard of Directors of Reliance Sway Company, by Uanimous Conant dated as of March 31, 1994. - Resolved that the signatures of such directors and Officers and the seal of he Company may be affixed to any such Power of Attorney Or any cartlrrcatss relating thereto by ' facsi nile.and any such Power at Attorney or artiacau bearing such faeskrob signatues or foadmee seat shall be valid and binding upon the Celnpa y and any such Power so - exerted and carolled by faesYmits sigrumes and foosimae seal shag be valid and boding upon he Company. M the hnturs with n ttect to any bond Or undartating at which it to - attxhad.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July. 19;� - -;' 1996. RELIANCE SURETY COMPANY_ 0�02!i As RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL iNDEMNrrY COMPANY t I STATE OF Washington } COUNTY OF King } so. On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of - the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing_ the name of the corporation by himself as its duly authorized officer. ES D 81a. - In witness whereof, I hereunto set my hand and official seal. :•d1ery'a! (^ ^ r 11By 1 PLC OFWASHttfit� Noj:4 Public in and for the State of Wash! on -- Residing at Puyallup - I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP -.: ' ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and affect. ...�///JJJ' _,,, p 9 8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 13A r day oq� 19 ! SCAL �r'tiy o %7 Assistant Secretary 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Mission Paving and Sealing, Inc. 815 Commercial Avenue San Gabriel, California 91778 Gentlemen: (714) 644 -3005 May 5,1998 Thank you for your courtesy in submitting a bid for the Bay Avenue Parking Lot Rehabilitation (Contract No. 3187) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, �,�,.roo- Kry LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • Bond Number: 3SM 692 693 PAGE o BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly hound to the City of Newport Beach, a charter city, in the principal sum of Five Thousand and No/ 100 dollars M-5, , 000:00 J, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the constriction of Bay Avenue Parking Lot Rehabilitation, Contract No. 3187 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed eontrad is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individuat. it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under, this Bond. Witness our hands this 10th day of April 19 98 Mission Paving and Sealing, Inc. Name of Contractor (Principal), AMERICAN MOTORISTS INSURANCE COMPANY Name of Surety 7470 North Figueroa Street Los Angeles, CA 90041 Address of Surety. (213) 257 -8291 Telephone Authorized Signaturerl"itle (Notary acknowledgment of Principal & Surety must be attached) • Cl State of California County of Los Angeles On before me, A. MelendeZ Notary Public. NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER N Personally known to me - OR - ❑ ............................. F • �� �, A. hl_i. - iDEZ =cerai,� s e eeaua•.+.a asa..aueau.♦•>a +++..tea +..a proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN SS my 7"J d and official seal. (SIGNATURE O OT OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN nTY(IES) DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES APR. X1)1998 DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE IQ!mPeR. + • Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company. (hereinafter called the "Company') a corporation organized and existing under the laws of the State of Ilinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California »' « " "•" ... ..'• " """" " " " "'•• "'• "••••• "••••• its true and lawful agent(s) and attomey(s) in -fad, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its ad and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500, 000 .00) « " «""•• « """ »••"'•"" »•' » »' EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys4n -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23. 1988 and any such power so executed, sealed and certified with rasped to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and is corporate seal to be affixed by its authorized officers, this January 1, 1994. Attested and Certified: >' %'� American Motorists Insurance Company Robert P. Hames, Secretary by J. S. Kemper, III, Exec.Vice President 11 STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Pudic, do hereby certify that J. S. Kemper, III and Robert P. Herres personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation organized and existing under the laws of the State of Illinois, subscribed to the foregoing Instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary ac for the uses and purposes therein set forth. 4 'GFFlCL4kL KW 11I My commission expires 1 -2 8-96 Irene Klewer, Notary Public CERTIFICATION I, J.K. Conway, Corporate Secretary of Me American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated January 1, 1994 on behalf of the person(s) as fisted above is a true and correct copy and that the same has been in full farce and effect since the date thereof and Is in full force and effect on the date of Gds certificate; and I do further certify that the said J. S. Kemper, III and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duty elected Executive Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists insurance Company on this ,19_ i YOY�nY J. K. Conway, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to hind the Company except in the manner and to the extent herein staled. FM 0362 6.96 Power of Attorney - Term Printed in U.S.A E 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 May 5,1998 JDC Post Office Box 3448 Rancho Cucamonga, California 91729 -3448 Gentlemen: Thank you for your courtesy in submitting a bid for the Bay Avenue Parking Lot Rehabilitation (Contract No. 3187) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach C KNOW ALL MEN BY THESE PRESENTS, That we, JDC, INC. BOND NO. 50408 -546 PREMIUM: INCLUDED IN BID BOND SERVICE as Principal, and DEVELOPERS INSURANCE COMPANY , a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE BID AMOUNT— — — — — — — — — — — — — Dollars, ($ (10% OF BID AMO or the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for BAY AVENUE PARKING LOT 113187 NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful per- formance of the said contract then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 10th day of JDC, INC. BY: BC JIM DE ARMOND, PRESIDENT Principal P (CC 307 REV. 4 -85 APRIL 19 98 DEVELOPERS INSURANCE COMPANY M. WHITE Attorney -in -Fact CALIFORNIA ALL -PUR Slate of CALIFORNIA County of ORANGE ACKNOWLEDG. "DENT On APRIL 10, 1998 before me, Oaze personally appeared BEATA A. SENSI, NOTARY PUBLIC Name u Tale at OVi (e.p., •Jaae Ooh. Nalary Paalloj JIM DE ARMOND C� personally known to me - OR – ❑ to be the person(k) whose name(lj is / &K subscribed to the within instrument and acknowledged to me that heIIS%1;¢AM4 executed the ...�..• same in hisAUHO P& authorized capacityW and that by his/KffA b =signature(I) on the instrument the person(k), or the entity upon behalf of which the person%) acted, OME executed the instrument. WITNESS my hand and official seal. ..� OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: 4/10/98 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JIM DE ARMOND ❑ Individual El Corporate Officer Title(s): PRESIDENT ❑ Partner —❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: JDC. INC. Number of Pages: 1 Signer's Name: • Individual • Corporate Officer' Title(s): • Partner — ❑Limited ❑General • Attomey -in -Fact ❑ Trustee • Guardian or Conservator • Other. Top or mu Bb here Signer is Representing: . 0 199! National Nola? Aesoda0on • 0236 Rommel Ave.. P.O. Boa 71 91. Caropa Pack, CA 91909 -7191 Pm& No. 5907 Reader. Cal TW " 14004766827 CALIFORNIA ALL- PURPOSL&KNOWLEDGMENT • State of CALIFORNIA County of On APRIL 10, 1998 DATE No. $907 before me, BEATA A. SENSI- NOTARY PUBLIC- - - - - -,- NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' personally appeared PATRICIA M. WHTTF. ATToRNFY TN FAr T- - - - - - - - - - - _ , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose nameW is /a.ca. subscribed to the within instrument and ac- knowledged to me that 4e /she /they executed the same in 4is /her /Ui­E9T authorized capacityCm-&), and that by 4ie/her /t4e4 BEAT~�A SENSI signature(s) on the instrument the person(sj, COMM. $1133739 U ® NOTMY - CUFORNIA or the entity upon behalf of which the OPAWACOUIM personal acted, executed the instrument. * canmL Exp• Apr, u, 2M1 4 WITNESS my- hand -andd official seal. �/ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENRTY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT —1— NUMBER OF PAGES 4/10/98 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 POWER OF ATTORNEY OF I &MNITY COMPANY OF CALIFORO AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92623 • (714) 263 -3300 N' 042858 NOTICE: 1. All power and authority herein granted shall in any event terminate o t the 31st day of March, 1999. 2. This Power of Attorney is void if aftered or If any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text Is in brown ink, the signatures are in blue Ink and this notice is In blue ink. 4. This Power of Attorney should not be returned to the Attorn"( -km-Fact, but should remain a Permanent pan of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint 'Debrah J. Kauffinan, Joseph A. Perricone, Fred Armstrong, Pat Toth, Beata A. Sensi, J.W. Johnson, Patricia M. White, Frank G. Robitaille, jointly or severally "'k the true and lawful Attorneys }In -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attomay(s) -In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of mid corporations could do, but reserving to each of said corporations full Power of substitution and revocation; and all of the acts of said Attomey(s) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24.1986: RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds. undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February, 1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By . U ' Dent . Vincenti, Jr. Dan F. Vincenti, Jr. esident bk.PAe yd� resident SmNSUg44, i OCT, s o r ATTEST By (/ \ 'V ✓ UY oyi r M`�rr By Walter Crow I Walter Crowell ��P � Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On February 3, 1997, before me, Sheno L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hatshelthey executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. eMMaMMaMaM''''''� L BELL .01119419 = Signatu I"I"- Q ORMIXONJIIY 8 Mq CWft 6p ore.1Z SIM CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certiy, 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 respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Wine, California, this 10 th day of APRIL 199 8 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By—. X. e �� — By cpxk9ANY dR // \• \ L.C. Fiebiger �„ 1867 0 L.C. Fisbiger p1 tB = Senior Vice President o-y r ,t�' Senior Vice President i ID-313 REV. (3/97) .. E 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 All American Asphalt Post Office Box 2229 Corona, California 91718 -2229 Gentlemen: (714) 644 -3005 May 5,1998 Thank you for your courtesy in submitting a bid for the Bay Avenue Parking Lot Rehabilitation (Contract No. 3187) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach BOND NO. 562 73 59 • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 PAGE We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators. agree to be jointly and severally held and firmly bound to the City of _.._. . TF.N Pva( F.W OF TOTAL BID I�bollars ACKNOWLEDGMENT State of-_Q LIFMNIA County of RIVERSIDE On before me, PATRICIA M. CORONADO, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared ROBERT S • BRADLEY NAME(S) OF SIGNER(S) )}personally known to me - to be the person (g) whose name(Q is/ W subscribed to the within instrument and ac- knowledged to me that he/NQMWVy executed the same in his /tilt authorized capacityoW, and that by his/)MOO= signature(W on the instrument the personal or the entity upon behalf of which the person(jo acted, executed the instrument. 0 _ PATRICIA M. CORONADO �� Commission 1102054 ,te Notary Public — Caiifor Riverside County Z MY COMM. Expires !un 20,2X THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this forth. WITNESS my hand and official seal. OPTIONAL TITLE OR TYPE OF No 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though stature does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. O INDIVIDUAL CORPORATE OFFICER(S) VICE -PRES. TITLE(S) 0 PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT 0 TRUSTEE(S) 0 GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ALL AMERICAN ASPHALT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE at 992 NATIONAL NOTARY ASSOCIATION • S238 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 `BOND NO. 562 73 59 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 ss U& :ens PAGE 4 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, In the principal sum of TEN PERCENT OF TOTAL BID INbollars ($ 10% of BIIa to be paid and forfeited to the City of Newport Beach If the bid proposal of the undersigned Principal for the construction of Bay Avenue Parking Lot Rehabilitation, Contract No. 3187 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing 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. Witness our hands this 7th By of APRIL , 19 96 ALL AMERICAN ASPHALT Name of Contractor (Principal) SAFECO INSURANCE COMPANY OF AMERICA Name of Surety 4 HUTPON CENTRE, SUITE 250 -B , SANTA ANA, CA. 92707 Address of Surety 714- 437 -3052 Telephone BID DATE: APRIL 15, 1998 M. BROWN, ATTORNEY -IN -FACT OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) s =ri t% ri KNOW ALL BY THESE PRESENTS: 0 POWER OF ATTORNEY L SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 No. 8164 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ••••••Nu ... 11X•••••••OWEN M. BROWN. Anaheim, Callforniaeteea ekeeeea..eaaenosseeaeeeuueeeeeae its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4th an of Januar fg 93 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of Surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrunent making or evidencing such appointment, the signatures may be affixed by facsimile. On ary instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other mariner reproduced; provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking. - Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted Judy 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws. and 00 A copy of the power -of- attorney appointment, executed pursuant thereto. and (iii) Certifying that said power -of- attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto. are True and correct, and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 7th I a i •a/ S- 13001EP 1/93 day of APRIL 19 98 i ) 5 t I� 17 j ® Registered trademark of SAFECO Corporation. 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TopLine Construction Inc. 9272 Russell Street La Habra, California 90631 Gentlemen: (714) 6443005 May 5,1998 Thank you for your courtesy in submitting a bid for the Bay Avenue Parking Lot Rehabilitation (Contract No. 3187) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach • Ond No. 17726 PAGE4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAY AVENUE PARKING LOT REHABILITATION CONTRACT NO. 3187 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of FOUR THOUSAND s NO/100 ----- dollars (54.000.00 - -), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Bay Avenue Parking Lot Rehabilitation, Contract No. 3187 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of.the mailing of Notice of Award-, otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing 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. Witness our hands this 14th day of April , 19 98 TopLine Construction, Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 9841 Airport Blvd., #1414 Los Angeles, CA 90045 Address of Surety (310) 649 -0990 Telephone Connie L. Ivey, Attorney -in -Fact , Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) T_ 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On APR 141998 before me, Deborah Reese Date Name and Title o1 Officer (e.g_ 'Jane Doe, Notary Public) personally appeared Connie L. Ivey Name(sl of Signer(s) '$ personally known to me – OR –C proved to me on the basis of satisfactory evidence to be the person(s) A.. whose name(s) istare subscribed to the within instrument and acknowledged to me that he /she /they executed the same r/ his /her /their authorized instrument t), and that by his /her /their signature(s) on the instrument the person(s), Ddt7MMffEEtE or the entity upon behalf of which the person(s) acted, '< .r OO�t1t:Ft0Y68ri � Nofpy Isi�16e – CCINfomio LOS Mviuis comes NN COMM. E>piros JAN 16.19W executed the instrument. WITNESS my hand and official seal. OPTIONAL Signalure of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited G General Attorney -in -Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: American Contractors Indemnity Company RIGHT THUMBPR {NT OF SIGNER Signer's Name: C Ml C G C n Number of Pages: Individual Corporate Officer Title(s): Partner — _ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER I LN 0 1995 National Notary Association • 8236 Remmet Ava., P.O. Box 7184 • Canoga Park. CA 91309.1184 Prod. No. 5907 Reorder Call Tce -Free 1.800.816.6827 R American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company "), and having its principal office in Los Angeles, California does hereby constitute and appoint: CONNIE L. IVEY as its true and lawful Attorney(s) -in -fact, in amount of $ 1,500,000.00 to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attomey(s) -in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 25th day of February '1998 t'0�igo AMERICAN CONTRACT��ZPMPANY iNCORPORATID By: iltoryopl SFPI 26, 1990 ^ Andy Faust, President STATE OF CALIFORNIA \� COUNTY OF LOS ANGELES On February 25, 1998 More me, B. Caindec personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 9 CANDEC Cat * OM to IQ9B9S0 Q Y Adc — Cofatarnto L= ArVelm Canty ly Comm. Fxytei Aby 2D. 2� CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE 11;7 •THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals; a<nxi that,thc d Power of Attorney has not been revoked and is now in full force and effect. 'ApR IN TESTIMONY WHEREOF, I have hereunto set my haridl&s = ^L_ day of '19 Albert Baumgarten. Secretary J • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 R.J. Noble Company 15505 East Lincoln Avenue Post Office Box 620 Orange, California 92666 Gentlemen: (714) 644 -3005 May 5,1998 Thank you for your courtesy in submitting a bid for the Bay Avenue Parking Lot Rehabilitation (Contract No. 3187) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CF --tUQB Bond No. 81370905 -A That v:e, CHUBB`ROUP OF INSURAN* COMPANIES t5 411ouniain Vie.+ Road. P. O. Box 1615. Vdar.en. New Jersey 07061,615 FEDERAL INSURANCE COMPANY Amount S 10`/, OF BID Know All Men By These Presents, R.J. NOBLE COMPANY (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH (hereinafter called the Obligee), in the sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars (S 10`/, OF BID ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and as =ions, jointly and severally, firmly by these presents. Sealed with our seals and dated this 3rd day of APRIL A. D. nineteen hundred and 98 WHEREAS, the Principal has submitted a bid, dated APRIL 15 19 98 for BAY AVENUE PARKING LOT REHABILITATION (3187) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Oblioee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient sureiy�or the faithful performance of such contract, or in the eve -0of the failure gt the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- erence, not to exceed the penalty hereof, between the amount specified in said bid and the amount for v ✓hick the Obligee may locally contract vedh another party to perform the v:or{ covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. R.J. NOBLE COMPANY / Pr cipat By: C I GRACE, VICE PRESIDENT /GENERAL MANAGER FEDERAL INSURANCE COMPANY By: WN BLUME ATTORNEY -IN -FACT STATE OF COUNTY OF CALIFORNIA RIVERSIDE On V 3I l7 —before me, 11 1 PERSONALLY APPEARED personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature I SS. OPTIONAL ROSEMARY STANDLEY SHAWN BLUME ROSEMARY STANDI -EY comm. #1090462 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Exires J.ow 7.1800 This area for Official Notarial Seat Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT 9 0 POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 903 -3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby Constitute and appoint Michael D. Stong, Rosemary Standley, Susan C. Monteon and Shawn Blume of Riverside, California each its true and IawfulAttomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following Gasses, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds. under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day..Afl�;Ara -v�4Mer 19 95 6 e Assistant Secretary STATE OF NEW JERSEY as, I County of Somerset FEDERAL INSURANCE COMPANY BY Gerardo G. Mauriz Vice President On this loth day of November 19 95, before me personally came Kenneth C. Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -laws of said Company, and that he signed said Power ofAttomey as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal Acknowledged and Sworn to before me on the date above written.: /Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Fpm 15.1"133 (Rw..99Q GENERAL --�- -- Notary Public. 4,:s -:::: Commission 0 State of CALIFORNIA County of ORANGE 0 On 4/6/98 before me, M. A. GROSKOPF (DATE) INAMMITLE OF OFFICER- i.e.'JANE DOE. NOTARY PUBLIC1 personally appeared JIM GRACE, VICE PRESIDENT/ INAMEISI OF SIONERISII GENERAL MANAGER OF R. J. NOBLE COMPANY Mpersonally known to me -OR- (SEAL) M.A. MROSKOs9F yn, Comm. ESP. AP r2 eevideRee to be the person( *) whose name(*) Is /suet subscribed to the within instrument and acknowledged tome that he /9m/tYty executed the same (n his /ter / authorized capacity(+® , and that by hisAwr /6*r signature( *) on the instrument the person(*), or the entity upon behalf of which the person(&) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also Optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Trtb or Type of Document Numbar of Pages Date of Document Signer(s) Other Than Named Abow WOLCOTTS FORM 02240 Ray. 2 -9e Was class, 0 -2AI ®t994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT VATN SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) ar 3 5 a 0 CAPACITY CLAIMED BY SIONERIS) OINDIVIDUAL(S) XXRCORPORATE OFFICER(S) OPARTNERISI OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) O GUA RDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTINO: (Name of Pareon(e) or Entity(les) R. J. NOBLE COMPANY RIGHT THUMBPRINT (Optional) e 3 0 6 CAPACITY CLAIMED BY SIONERIS) OINDIVIDUALIS) OCORPORATE OFFICER(S) INCxJ OPARTNER(S) OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(log) T UIII67775 63 240 II B • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Hardy & Harper Inc. 1312 East Warner Avenue Santa Ana, California 92705 Gentlemen: (714) 644 -3005 May 5,1998 Thank you for your courtesy in submitting a bid for the Bay Avenue Parking Lot Rehabilitation (Contract No. 3187) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, MV''J',-Cv I "l. tN, LaVonne M. Harkless, CMC/ AAE City Clerk 3300 Newport Boulevard, Newport Beach .. .. ri i?�C ic. ?Q �, !14 444 kldOl �bLrl 7 H1:M1:'Y 's. MF.MYtti. IN-' • PAGE 4 CITY OF NEWPORT BEACH PUM iC WORKS DEPARTMENI Y AVFNUE PARKING,I CT REHABILITATION QQbTRACT N0,.3187 We, the undersigned Prirripai and Surety, our successors and assigns, executnrs, helrs and administratere. agree to be jointly and sevrrrally hetg, and firmly bound to the City of Newport Roach. a charter cry, in the principal sum of 10% of Amount Bid _ dollars ue paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the uunxiniction of Bay Avenue Parking Lot Rehabilitaliul, Contract No. 3187 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duty enter Intn and executa the Contract Documents for the construction of the project in the form required within tan days ;10) (not including Saiurday, Sunday. and federal hdildays) after tho date at the mailing of Notka al Award; otherwise this obligation shalt become null and vold. If the undersignod Principal executing this Bond Is executing this Bond as an individual. it is agraad that the death of any such Principal shall not exonerate the Surety from its ob!Igations under this Bond. Witress our hands this 3rd day of April 1s 48 HARDY & HARPER, INC.��� /� Name of Contractor(Prircipa') dtep j� nrr itl�ice Pres. St. Paul Mercury Insurance Co. Name of Suety 385 Washington St. Adaresa of Surety .tom Paul , MN r%U (1Z_...� Telephone Kathleen Maas Attorney-in-Fact Pnnt Name and i itte (Notary acknowledgment of Principal dr, Surety most be attached) t' 1heMbul ST. PAUL MERCURY INSURANCE COMPANY CERTIFICATE OF Surety Oashington Street, St. Paul, Minnesota 551 AUTHORITY NO. CERTIFIED For verification of the authenticity of this Power of Attorney, you may telephone toll free 8OD- 421 -3880 and ask for COPY NO. the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY t M -15439 (Original on File at Home Office of Company. See Certification.) " KNOW ALL MEN BY THESE PRESENTS: That St. Paul Mercury Insurance Company, a corporation organized and existing under the Imes of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint Michael S. Mahan and Kathleen E. Maas, individually, Irvine, California its true and lawful attotney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO ESC=) IN pENALTY THE SLIM OF FIVE MILLICN DOLLARS($5,000,000)EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said SL Paul Mercury Insurance Company, as fully and amply, m all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified m and may be revoked, pursuant to and by authority of Article V,- Section 6(C), of the By -Laws adopted by the Shareholders of ST. PAUL MERCURY INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a true transcript of said Section 6 (C): "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (1) To appoint Attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attomeys -in -fact, who are hereby authorized to certify to copies of any power -of- attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attomey -in -fact or Special Attorney-in -fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 12th day of December, 1967, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed many such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." P JP+ ' 1N.... c yQ(ep0.PORA] II? in] �`• ;SBAL; %i IN TESTIMONY WHEREOF, St. Paul Mercury Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 30th day of November, A.D. 1990. STATE OF NEW JERSEY l ss. County of Somerset J ST. PAUL MERCURY INSURANCE COMPANY KENNETH F�,YAN, Secretary On this 21St day of January 19 98 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, saTU that he/she is the therein described and authorized officer of St. Paul Mercury Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the �pT gl Ty day and yew first above written. �PIIBLIC � /f c N[y1 w LINDA SIM , WPblic, esex, NJ My Commission Expires December 16, 2001 CERTIFICATION I, the undersigned officer of St. Paul Mercury Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this i; sssxr.,F 3rd April 1998 day of "HAELW ER SON, Secre tary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right comer is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 31801 Rev. 12 -96 Printed in U.S.A. CALIFORNIA ALL- PURPOR ACKNOWLEDGMENT • State of County of California Orange On `i %61'f3 before me, Michael S Mahan, Notary Public Dare Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared kk +4 If r,, Name(s) of Signer(e) personally known to me – OR – C3 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), MICHAELSMAHAN or the entity upon behalf of which the person(s) acted, Commission # 1158481 Not executed the instrument. `'0 Z " Orange County My Comm. bgxes Oct lz2001 Is WITNESS my hand and official seal. A&I Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer Title(s): • Partner — O Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Individual • Corporate Officer Title(s): • Partner—E] Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 190 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder. Can To14Free 1- 800-876-6827 CALIFORNIA ALL-PURPOS41 ACKNOWLEDGMENT • State of CALIFORNIA County of ORNAGE On. 10, 1998 beforeme, Krisen S. Paulino, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Steve Kirschner Name(s) of signers) 511 personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(W whose name($ is /aP subscribed to the within instrument and acknowledged to me that he /st�/tI`* executed the same in his /*Ith* authorized capacity(ilg), and that by his /hAr /tlp(ir signatureW on the instrument the personal, I � a KRISTEN S. PAULINO;� or the entity upon behalf of which the personal acted, COMM 1 executed the instrument. � • # 057981 � ,' . �.�.,� :. N00;0 'PUOIIG CALIFORNIA 3 - O ^AV,GE COUNTY ° WITNESS my hand and official seal. k1Y COS ".P�!SSION EXPIRES MAY 16. 1999 , LL signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 70 I Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: X i Number of Pages: Individual Corporate Officer TiVe(s): Partner —❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7180 Prot. No. 5907 Reorder. Call Toe-F" 1 800- 8788827 April 27, 1998 APR 2 7 CITY COUNCIL AGENDA `� °` ITEM NO. 15 APPRC_VED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BAY AVENUE PARKING LOT IMPROVEMENTS, C -3187 —AWARD OF CONSTRUCTION CONTRACT RECOMMENDATION: 1. Approve the plans and specifications. 2. Award Contract No.3187 to Holland -Lowe Construction, Inc. for the total price of $28,534.00 and authorize the Mayor and the City Clerk to execute the Contract. 3. Establish an amount of $2,800.00 to cover the cost of testing, materials and additional work. 4. Authorize a budget amendment to appropriate $16,400.00 from the Off- Street Parking fund balance to Account No. 7022- C5100377, (Bay Avenue Parking Lot Rehabilitation). DISCUSSION: At 11:00 A.M. on April 15, 1998, the City Clerk opened and read the following bids for this project: Bidder Amount Low Holland -Lowe Construction Inc. $28,534.00 2 R.J. Noble Inc. $30,612.25 3 Hardy and Harper Inc. $32,521.55 4 J.D.C. $34,920.00 5 Mission Paving and Sealing $37,033.50 6 Topline Construction Co. Inc $37,949.75 7 All American Asphalt $39,712.80 8 Wakeham -Baker Inc. $41,025.00 9 Gillespie Construction Co. $41,072.00 • The low bidder is 5.7% higher that the Engineer's estimate of $27,000. SUBJECT: BAY AVENUE PING LOT IMPROVEMENTS, C- 3187 —AWARD OF CONSTRUCTION CONTRACT April 27, 1998 Page: 2 0 Holland -Lowe Construction, Inc. the low bidder, has not performed previous contract work for the city, however a check with their experience references and the State Contractor's License Board indicates that Holland -Lowe Construction, Inc. has successfully completed projects of a similar nature for other southern California agencies and has no pending actions detrimental to their contractor's license. The proposed improvements at Bay Avenue Parking Lot provide for the construction of new curb, sidewalk, driveway approach, PCC landing, pavement grinding, installation of pavement reinforcing fabric, a one -inch asphalt overlay and patching of the existing seawall. The improvements will allow for the widening of the existing bayfront sidewalk to facilitate access, and provide a smooth pavement surface and eliminate ponding in the parking lot area. A project location map is attached. Off - Street Parking funds in the amount of $15,000 were appropriated for this project in the FY 1997 -98 budget. In order to have sufficient funds to now undertake the project, a budget amendment is needed. Therefore, staff recommends an additional appropriation of $16,400.00 from the Off - Street Parking fund balance to Account No. 7022- C5100377, (Bay Avenue Parking Lot Rehabilitation). Respectfully submitted, (0, (off PUBLIC WORKS DEPARTMENT Don Webb, Director By: Stephen uy Project Engineer Attachment: Project Location Map • \ \dp\sys \groups\pubworks \council \98\apr- 27\bay ave.doc I• J 0 for 7 e • ��'Ef1JE FAFK I NG L �T FROM IBTH STREET TO 19TH STREET 24`1 D 22 a Qv CITY OF N NOT TO SCALE h� CHRNNEL BRY PRPROJECT RRLBIOR C�LERRp_ r C pC F9N BAY AVENUE PARKING LOT REHABILITATION C -3187 DATE PROJECT ENGINEER DRAWING NO. EXHIBIT A :J 1 y � J < z T 0 0 m 's e Q T R C 0 E e R v a m v F w V h C L C W � U < a F- V - 0 U W F E E V) b 0 R u 0 en Y R a 0 c i Q T W m 0 p p O G O 4 a x O G p w p G' M1 O O C O O O C 1 VJ eGy{ P N � J N r'1 � N- N M •n N N F M o r U � C 0 o a M x N o- r •n o 0 _= o o ` M1 M W r� a •o ry a o 0 3 C 00 O O j O O .1 In C N1� 0 0 0 � C o L Z ry o M� n n � �O F C O On C O O C C O 0 0 0 0 M c p J r. x x x p •n 4 •n o 0 N J M b G rJ � C c cU N O C O G O O O O O O O O O O O O O O O ? C O C x V' O •n O O rh Q O W 4 V N C c O CO CO C R Q O O O O O O O -- o� p o c o o •n b o o _ ••• p — � e{ •ri N r'i O 7 _ 4 N � o_ v' Q f � C C C C C L o ° °o, 0 0 0 0 0 0 0 0 O- O C. O .^.. O O O •n O O O O O C fl N 4 0 0 0 M1 C C 00 J < Q L N r L s T b b b b o 0 0 0 0 0 0 0 0 O? O •/, 0 0 0 0 0 0 0 0 0 G O O G O O O C C 6 6 O O J v^ C N N Q C C M1 [Y O O C J • W— O ^. QV N L a M M1 N �O N J z W � E e R v a m v F w V h C L C W � U < a F- V - 0 U W F E E V) b 0 R u 0 en Y R a 0 c i Q T W m 0 E W n• 0 n R R F. 0 0 C O G' C G O O C M1 C O O O M1 O O C O O O C 1 VJ Ox O C P U � C 0 C 00 O O j O O .1 In C N1� 0 0 0 C U Z ry o M� n � �O F C O On C O O C C O 0 0 0 0 N J M b � C c cU In n if, - O O O ? �n O CO CO C R Q O O O O O O O o_ v' Q M C C C L o ° °o, c In n r L T G O O G O O O C C 6 6 O O J v^ C N N Q C C M1 [Y O O C J • W— O ^. QV N L a M M1 N �O N J � F F rn W H G O O O O O O C 6 O O O O W _ E W n• 0 n R R F. 0 0 U O y :G � x a H C < U - - Q_ F 0 lI 11 u C G 7 9 E y LL G_ 4 LL LL LL. L LL j• C N y 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G O O N• •n O 'n V O O O N • O V Q— O r W O - n N O U •n e ri < - ry - - n c+ Q - o BO <<.. n °'w om O•o rn Q H = c a E a �• w U m u U m c U c a Li Y �• c E m a o �ci �.1Oaz9 c E�'o c F V _ •� 00 — P r r? N— O O •� _ L F O H C U U U U U U T 0 0 0 0 0 0 0 c o 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 — Q C = _ o o c c o o c o G ..� O N 1 V �O •D �O 'n n— N O O Z y O• O •+1 O .J ic S O O O O C C C O O O C O C O O O O N N O O O C V O O O w O C V' �O th O •n O OV V C O N . N T 'n �U N �n N C r Q • � U' 'n O O P t"1 •1 n Q G\ aT — •O ^ r r ^ < 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c c o 0 0 0 0 C. 0 0 0 0 0 0 o 0 0 '.• 0 0 0 0 0 O C ml N R C O C r^ g O O O l N � C � F U; J y O O O O O O O O O O O O O 0 0 0 0 0 0 ~ z u E y LL G_ 4 LL LL LL. L LL j• C N y 0 a ry rv- o BO n °'w om O•o rn v H = c _ a E a �• w U m u m c U c a Li Y �• c E m a o �ci �.1Oaz9 c E�'o c F .° o 'x U a U U Cd p H C U U U U U U 0 Ay of Newport BeaC* NO. BA- 064 BUDGET AMENDMENT 1997 -98 AMOUNT: $16,400.00 . FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues PX from reserved fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate an additional $16,400 from the Off - Street Parking Reserves to the Bay Avenue Parking Lot Rehabilitation Capital Project to widening and improve the bayfront sidewalk and parking lot. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3766 Reserves -Off Street Parking $16,400.00 REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7022 Off - Street Parking Account Number C5160377 Bay Avenue Parking Lot Rehabilitation $16,400.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number ' Automatic System Entry. Signed: Fina ciial/ Approval: Finance Dire for Date !/ Ad is ive Ap val ity Manager Date Signed: City Council Approval: City Clerk Date