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HomeMy WebLinkAboutC-2372 - Buffalo Hills Park RefurbishmentCITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663 3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR PARKS, BEACHES AND RECREATION DEPT. /JACK BROOKS i FROM: CITY CLERK DATE: March 22, 1983 SUBJECT: Contract No. C -2372 Description of Contract Buffalo Hills Park Athletic Field Effective date of Contract March 21, 1983 Authorized by Minute Action, approved on February 28, 1983 Contract with Ian -Co Address 12814 Foothill Blvd. Etiwanda, CA 91739 Amount of Contract $25,943.00 kw.t� C • Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663, until 10:30 a.m. on the _8th _ day of 1983 at which time such Ms— shall b_e opened and readfor BUFFALO HILLS PARK ATHLETIC FIELD RENOVATION Title of Project 9379 Contract No. _�g-nnn r____i___ . upe rintendent s Estimate 141 t hZl— / FOR I= Approved by the 'City Council this day of Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Parks, Beaches and Recreation Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Jack Brooks at 640 -2275. Park Superinten ent PR la • CITY OF NEWPORT BEACH • PARKS, BEACHES AND RECREATION DEPARTMENT PROPOSAL 2372 Contract No. To the Honorable City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instruction to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2372 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: IIEM QUANT11Y ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Clearing and grubbing @ One Thousand Dollars and No Cents $ 1,000.00 $ 1,000.00 2. Lump Sum Excavation and site rough grading Five thousand six @ Hundred forty three Dollars and No Cents $5,643.00 $ 5,643.00 3. Lump Sum Install Drainage Lines Six thousand three @ hundred Dollars and No Cents $6,300.00 $6,300.00 0 PR lb IIEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Place, amend and finish grade topping sand (sand furnished by others) per plan @ Thirteen thousand Dollars No and cents $ 13,000.00 $13,000.00 TOTAL PRICE WRITTEN IN WORDS: Twenty five thousand nine hundred forty three Dollars and No Cents $25,943.00 Contractor's License No. 357442 Ian -Co. (Bidder's Name) Date 2/8/83 (Authorized Signature /Title) Bidder's Address 12814 Foothill Blvd., Etiwanda, CA. 91739 Bidder's Telephone No. (714) 899 2477 CITY OF NEWPORT BEACH DEPT. OF PARKS, BEACHES & RECREATIONS SPECIAL PROVISIONS BUFFALO HILLS PARK ATHLETIC FIELD RENOVATION C -2372 I. SCOPE OF WORK SP 1 of 1 The work to be done under this contract involves renovation of an existing athletic field facility in Buffalo Hills Park. Items of work include clearing and grubbing, excavation and rough grading, installation of drainage lines, placement and amendment of topping sand and finish grading. This contract requires the completion of work in accordance with these Special Provisions; the Plans (P- 5108 -S); the Standard Special Provisions and Standard Drawings for Public Works Construction, 198Z Edition; and the Standard- an ar peci lcations for Public ors onstruction, 19Y2 Edition herein —T a er referr- ed to as the Standard Specifications. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. Copies of the City's Standard Special Provisions and Standard Drawings my be purchased for $5 from the Public Works Department. II. BASIS OF AWARD The bidder's attention is directed to the provisions of Section 2 -1 of the Standard Special Provisions for requirements and conditions concerning award and execution of the contract. III. COMPLETION OF WORK The work to be done under this contract shall be completed within 50 calendar days from the date the City awards the contract. IV. PAYMENT The unit or lump sum price for items of work shown in the proposal shall be full compensation for labor, equipment, materials and all other things necessary to complete the work. Incidental items of work not separately described in the proposal shall be included in the unit price bid for the various items of work. V. WATER Water for this work shall be provided free of charge by the City. The Contrac- tor shall make his own provisions for water supply and application, and shall contact the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 640 -2221 to arrange for water service connections. INSTRUCTIONS TO BIDDERS Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. Contr's Lic. No. 8 Classification Biddder (� j AGM AK_ Date Authorized Signature /Title Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. Bidder J&k 'f 11K-lttic'iAcI. Ctad ^rf Authorized Signature /Title BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, rayC v That we, Ian -Co. , as bidder, and Covenant Mutual Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent of the total amount of the bid in---- - - - - -- Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Athletic Field Renovation - Buffalo Hills Park 2372 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. FeIN WITNESS WHEREOF, we hereunto set our hands and seals this 8th day Of hruary , 19 83 Ian- Co. (Attach acknowledgement of Attor ey -in -Fact) Authorized Signature /Title Notary Public t Mutdal`Insurance 1 Commission expires 4/27/84 Sure n Title Attorney gn -Fact m /q In Ort G V m� `L 5 t o OM N ` T XA 0 A mOC� V O %A ry Xq ; •'� Z r J N 'U ' XA p wp XL w XA m • Y m 1y Xf mr �A O G G m wm Xq GO 9 J G O 'A 19A ` o o j O r s'A s \ „ 7m E7 wp ®96 \ T q Xf s G A� Dy As ;' f 0 o 0 o i wo A p p wq 3 o do qA •13 Ov Fi O J l n S TUq c m o0 + CA of X A o o c y t m . V. U o o i O A mJq �q E mss U o o X WO O i Page 5 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent -the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the, facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this yti day of 19-d3. My commission expires: OFFICIAL SEAL CCN'a!E L. JOHNSON . .;C CALIFORNIA ' %aEO M 8X; J...: ": A,;, CO COUNTY My Ccmmissicn E.Pucs August 16. 1965 Bidder 40"k f� A 6 '1%1-'f bb- F`cQ, ti�-C '_ Authorized Signature /Title c' E1"1.1 (.• ,-- /�i/�t -.2 C"L_ f✓40 t ry Public Page b STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. ti• -I`e. Bidder Authorized Signature /Title Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1982 City of Newport Beach Lloyd Dalton 1982 Cal -Trans George Chale (213) 331 6467 1983 Southern Pacific Ed Levine (415) 541 1114 uiaaer Authorized Signature /Title CO)NANT &IUTUAL' INSURANCE COMRNY cut Hartford, Connecti POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereoy make, constitute and appoint Arthur J. Clement, Jr. its true and lawful Attorney(s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds- undertakings, recog. nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizance$, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions Of section 12 of the by -laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or •without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent: and any such bond, undertaking, recognizance, consentof surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written ohligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. f' Attest: it � Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY ev 0_�Q2 " Vice Presidp,•dt d On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the rat affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. IfX ?: oTA y, - tN.cw{_ w�T2C Nw." o'ic `• `�: d } : ^ ; (, I My commission expires March 31, 1973 CERTIFICATION 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above- quoted provir,ons of Section 12 of me by -laws and :he resolutions of :he Board of Directors of March 12, 1973 have not been abridged or revoked anC are now in full force and eitect. Sianed and sealed at Hartford. Connecticut, this 8th day of February 19 83 tiJSiS[1!1i Secrer3%Y� i • -Page 9 PAYMENT BOND Bond No: 015703 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to Ian -Co hereinafter designated as the "Principal ", a contract for Athletic Field Renovation - Ruffalo Nillc Park Contract Nn: 2,172 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We Ian -Co as Principal, and Covenant Mutual Insurance Company _r /n Sniith Coact Surety General Agency Inc. 141 S. Lake Ave. #110, Pasadena, Ca 91101 as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Twelve thousand nine hundred seventy one & 50/100 - - - - -- Dollars ($ 12,971.50 said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon • • Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, -extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17j+ day of March 19-83_. Approved as to form: ty Attorney (Seal) ame 45T Contractor Principal Authorized Signature and Title Authorized Signature and Title (Seal) ame of Surety c/o South Coast Surety General Agency Inc. 141 S lake Ave -:� gl]n DAQA[Iana U 913M Arthur J. Client Jr. At*hey In -Fact 5 OT Aaen 1'31*1 702 e hone o. of Agent d E s T c N d a E d O M P r V s m T -q0 w � a q O� •� c 0 U� w O 0 � J '0 O vi U c Al �0 G � w a o s m w C L w y i M 3 c d + s V m •� q LL q + - d q T C C d O O oo Q m o o o Qo a L O •t J y m A d +y O w L C u• q U C O m O O y v,n m 3 c m u N c w 0-0 2 + ou + + u d o + C E o• c '- T O o E T a o ° .d a� D T O d s qU 3 E o 3 U T c m O O E N •7 q - _ ,f.., a d 0 2 v 6� - tV � a " W ll -. \ F 6 r • Page 11 FAITHFUL PERFORMANCE BOND Bond No: 015703 Prue. Aiat: $311.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to hereinafter designated as the "Principal ", a contract for Athletic Field Renovation - Buffalo Hills Park Contract No: 2372 in the City of Newport Beach, in strict conformity with the.Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, as Principal, and Covenant Mutual Insurance Company c(o South Coast Surety General Agency Inc. 141 S. Lake Ave. #110, Pasadena, CA 91101 as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Twenty five thousand nine hundred forty three b no /100 - - -- Dollars ($25,943.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect.its obligations on this bond, and it does hereby waive notice s ` ! Page 12 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17th day of MvCh 19 83 Appro ed as to form: City Attorney Ian-Cc (Seal) Name of Contractor (Principal) Authorized Signature and Title Authorized Signature and Title Covenant Mutual insurance Cwag (Seal} Name of Surety c/o South Coast Surety General Agency Inc. 141 S. Lake Ave. /110 Same As Above Address of Agent _ (213 )793 -7124 Telephone No. of Agent ( | GI ol k # )77( > $$ }7 \) \/ CCL +0 0- }/\\ 2 §0 0. \ }/\ %X \ \k }ƒ1ƒ ±o0 §0 CL pro ;o0 } \ }� ! � : . ®! - \\| rl }/ ƒ )} 6 k0 k # )77( > $$ }7 \) \/ CCL +0 0- }/\\ 2 §0 0. \ }/\ %X \ \k }ƒ1ƒ ±o0 §0 CL pro ;o0 } \ }� ! � : . ®! - \\| Cf.R1 it 1CA fE OF ;n'SU r. %„CE Page 13 �.., +., •ten �� ... .. T— City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED ietttery A SELECT INSURANCE COMPANY ry B AMERICAN EXCESS ry C ALLIANZ INSURANCE COMPANY ny D r ny E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the exp' ation date thereof, the Insurance Company affording coverage all rov d days' advance notice to the City of Newport Beach by ,r� Agis1Wattention: Public Works Department. By: f Agency: BUTLER, CHRISTIAN & DUNN, IN Authorize Representative $3�� BUFFALO HILLS PARK - ATHLETIC FIELD RENOVATION ate Issued — Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: CONTRACT NO. 2372 J(P roject Title and Contract Number( NOTICE: This certificate or verification of insurance is not an insurance policy and not arend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requi reir.ent, tenn, or condition of any contract or other docu-ent with respect to which this certificate or verification of insurance :nay be issued or r.ay pertain, the insurance afforded by the policies described .erein is subject to all the terms, exclusions and conditions of such policies, including attached endorsarents, FF Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. g. ro ucts/ LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations A GENERAL LIABILITY X Comprehensive Form x Premises - Operations x Explosion & Collapse Hazard GA 50 9916 2/19/ Bodily Injury 4 Property Damage $ $ $ V $ x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property z Contractual Insurance Damage Combined $ 500 $ 500 x Broad Form Property Damage x Independent Contractors Personal Injury $ 500 x Personal Injury Marine Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form GA 50 2/19 Bodily Injury 84Each Person $ A Q Owned 9916 $ bodily injury Each Occurrence Hired Pro ert Oar.aae S Non -owned o i y Injury and Property Damage Combined $ 500 EXCESS LIABILITY ® Umbrella Form ULP 2/191 48odily Injury B ❑ Other than Umbrella Form 5893 and Property Damage Combined $1,000 51,000 C WORKERS' COMPENSATION and — EMPLOYER'S LIABILITY 4CP30 831 2/13/ Sta into ry 1 2 ,000 ac Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the exp' ation date thereof, the Insurance Company affording coverage all rov d days' advance notice to the City of Newport Beach by ,r� Agis1Wattention: Public Works Department. By: f Agency: BUTLER, CHRISTIAN & DUNN, IN Authorize Representative $3�� BUFFALO HILLS PARK - ATHLETIC FIELD RENOVATION ate Issued — Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: CONTRACT NO. 2372 J(P roject Title and Contract Number( NOTICE: This certificate or verification of insurance is not an insurance policy and not arend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requi reir.ent, tenn, or condition of any contract or other docu-ent with respect to which this certificate or verification of insurance :nay be issued or r.ay pertain, the insurance afforded by the policies described .erein is subject to all the terms, exclusions and conditions of such policies, including attached endorsarents, FF I 0 It is agreed that: • CITY Of NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 14 With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( )0 Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence ch occurrence s ;nn,non each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: f I P R�ATH_LETIC FIELD RENOVATION - CONTRACT #2372 Prg7ect Tit e al nd Contract o. This endorsement is effective 3/18/83 at 12:01 A.M. an orms a part of Policy No.GA 509 99 16 /Y /1 I r / Named Insured DBA: IAN -CO Name of Insurance Company _SELECT CU LEI , CHRISTIAN & DUNN, INC By�_ Authorized Representative i Page 16 CONTRACT THIS AGREEMENT, entered into this 21 day of March , 19 83 by and between the CITY OF NEWPORT BEACH, hereinafter "City," and , hereinafter "Contractor," is made with reference to the following facts: . (a) City has heretofore advertised for bids for the following described public work: Renovation - Buffalo Hill's Park 2372 Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Renovation - Buffalo Hills Park 2372. Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Twenty five thousand nine hundred forty three and no /100 cents 25.943.00 }. This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) Page 17 Iv (f) Plans and Special Provisions for Renovation - Buffalo Hills Park 2372 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: 444 My Attorney CITY OF NEWPORT BEACH By or Contractor By A&tI- t tt nT� Its —l;,Lt4k By Its CITY CONTRACTOR NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663, until 10:30 a _ on the �8th day of . F , 1983 at which time such bids shall be opened and read tor BUFFALO HILLS PARK ATHLETIC FIELD RENOVATION Title of Project 2372 Contract No. uperintendent s Estimate 0 00 1V irw c �.P �c►1:0 Approved by the ity Council thhiiiss %r day of 4,, s. 1987. Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Parks, Beaches and Recreation Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Jack Brooks at 640 -2275. Park uperinten ent 0 CITY OF NEWPORT BEACH 0 PARKS, BEACHES AND RECREATION DEPARTMENT PROPOSAL 2372 Contract No. To the Honorable City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Gentlemen: PR la The undersigned declares that he has carefully examined the location of the work, has read the Instruction to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2372 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Clearing and grubbing @F. Gic�,•�t, Dollars and Cents 2. Lump Sum Excavation and site rough grading @ F�:.FS Yttiaasy o lars and t•,, Cents 3. Lump Sum Install Drainage Lines Dollars and w Cents $ ' cc, $ U�a xc� PR lb ITEM QUANTITY ITEM DESCRIPTION UNIT —110717- NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Place, amend and finish grade topping sand (sand furnished by others) per plan Dollars and cents TOTAL PRICE WRITTEN IN WORDS: �, >r 4ioF 4ac r.: wA ►�auf l v �.�1� tckx�� C.�esr Do lars and Cents $ cfe .tc, $ L� cc, $ 25,41l3eOr, Contractor's License No. -rl Q Cc,- (Bidder's Name)l� Date 2 "� ` �%u�.l�R C o Q � (Authorized Signature /Title) Bidder's Address Bidder's Telephone No. 14) 0 INSTRUCTIONS TO BIDDERS 0 Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL. form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. Contr's Lic. No. & Classification Bidder Date ��� � Authorized Signature/Title C �� DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies subcontractor(s) in making will be used for the work Engineer and in accordance No change of subcontractor Engineer.and as provided b, Item of Work 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Page 3 that he has used bid(s) of the following listed up his bid,and that the subcontractor(s) listed for which they bid, subject to the approval of the with the applicable provisions of the Specifications. may be made except with the prior approval of the Y State law. Subcontractor Address Bidder Authorized Signature /Title • i BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, Ian -Co. , as bidder, and Covenant Mutual Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent of the total amount of the bid in---- - - - - -- Dollars ($ 10% ) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Athletic Field Renovation - Buffalo Hills Park 2372 e in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 8th day Of _February , 19 83 Ian- Co. Bidder (Attach acknowledgement of Attor ey -in -Fact) ,R ems- Authorized Signature /Title Notary Public Covenant Mut (al'Insurance Commission expires 4/27/84 Surety MV6F1U1 V. `V 1GI IIG 11 Title Attorney n -Fact NON- COLLUSION AFFIDAVIT 0 Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. _/�A/ -C C' Bidder Authorized Signature /Title Subscribed and sworn to before me this nth day of , 19 R -21'. My commission expires: l Pot Public Or91CIAL SEAL L JOHNSON (.',! 17ORNVA i.ED IN tA:; .O COUNTY My Commission Expires August 15. 1985 0 Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Bidder Authorized Signature /Title • TECHNICAL ABILITY AND EXPERIENCE REFERENCES Page 7 The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. GA. Vii 2A t - I:.l i'"'1 - EC, Bidder 4N"\ C\t.oti�� Authorized Signature /Title z" 1 CITY OF NEWPORT BEACH Parks, Beaches & Recreation Department February 28, 1983 CITY COUNCIL AGENDA ITEM NO. F 3 (b) TO: Mayor and City Council t 1L FROM: Parks, Beaches and Recreation Director Jul) SUBJECT: Buffalo Hills Park Athletic Field renovation (C- 2372- Recommendation: Award Contract No. 2372 to Ian -Co. and authorize the Mayor and City Clerk to execute the contract. Discussion: At 10:30 A.M. on February 8, 1983, the City Clerk opened three bids for the subject contract. Bidders Bid Industrial Turf $29,303 Nobest, Inc. $26,571 Ian -Co. $25,943 The low bid is 7% below the Park Superintendent's estimate for the project. Ian -Co. is a well qualified contractor that has successfully completed recent contracts for the City. This contract provides for the demolition, grubbing and clearing of existing turf, rough grading with installation of drainage system, ground preparation and finish grading, and fertilization for athletic field stolonization process. Funding for the project is proposed from the recently approved budget amend- ment identified in the following account: Description Account No. Amount Buffalo Hills Park Athletic 10- 7797 -054 $28,000 Field Renovation Bid documents were prepared by Design Construct of Huntington Beach. All work should be completed by June 30, 1983. RAW:df I • • � - a37a CITY OF NEWPORT BEACH Parks, Beaches & Recreation Department January 10, 1983 CITY COUNCIL AGENDA Item No. F JJ TO: Mayor and City Council FROM: Parks, Beaches & Recreation Director SUBJECT: Buffalo Hills Park Turf Refurbishment (Contract No. 2372) 1983 Recommendation: ; ?Y' O:' ART �6ACN 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 10 :30 a.m. on February 8, 1983. Discussion: A recent 1982 -83 budget amendment appropriated funds to refurbish the athletic field area within Buffalo Hills Park. The project will provide for the removal of the existing turf and cross - ripping the existing soil to a depth of 6 ", trenching and installing a 4" perforated pipe drainage system at 20' intervals, importing and placing a uniformly graded topping sand to a depth of 6 ", amending the sand with 3" of organic amendment, readjusting and replacing existing irrigation and replanting with a variety of durable athletic turf. The plans have been approved by the Parks, Beaches and Recreation Department, plus reviewed with appropriate homeowners associations and youth athletic groups. Funding for the project is City funds: Park & Recreation Fund - $65,000. The refurbishment project has been designed by Design- Construct Landscape Architects of Huntington Beach under a $6,500 design services contract authorized December 2, 1982. The estimated date of completion is June 1, 1983. A complete set of plans will be on display in the City Council conference room. Rona d . Whitley I c C- Z ° a o• n \r t S J O m c a d m 0 N n 3 0 b ° y CL .0 f J m S J ° d O G O- �'O t W O ° ry J d a J J T O d °O rt O •< S J aM °- F J m fD o S X d O_ d o d m O J O d d O_ S_ j T C X •• w 3 d b d C T J rt d t ip rt d N ° T D o b o ° 0 ' o o 3 OJ 'm J to d � t — C d rt rt m � S m 3 0 d rt n T ° �• E rt N m „ N J b X � � b O_• d n Z c+ S C Z CD El m h Z A J N co Ci S d O_ T Q s= i R O 2 3 d d 0 a D 3 b AL O m a rt J b K O C) 0 N O > > La b b N �Y' c /a - jF FD L l� O I c C- Z ° a o• n \r t S J O m c a d m 0 N n 3 0 b ° y CL .0 f J m S J ° d O G O- �'O t W O ° ry J d a J J T O d °O rt O •< S J aM °- F J m fD o S X d O_ d o d m O J O d d O_ S_ j T C X •• w 3 d b d C T J rt d t ip rt d N ° T D o b o ° 0 ' o o 3 OJ 'm J to d � t — C d rt rt m � S m 3 0 d rt n T ° �• E rt N m „ N J b X � � b O_• d n Z c+ S C Z CD El m h Z A J N co Ci S d O_ T Q s= i R O 2 3 d d 0 a D 3 b AL O m a rt J b K O C) 0 N O > > La b b N �Y' CO•NANT MUTUAL INSURANCE COMPA Y Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Arthur I Clement, Jr, its true and lawful Attorneys) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(sl -in Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by -laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance, consentof surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: jf : �, ,�,�!'Ef'+m4 Assistant Secretary STATE OF CONNECTICUT ) ss: COUNTY CF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By 1 Vice Pr-esidiAt On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Wilkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation: that the seat affixed to said instrument is such caroorate seal; that it was so affixed by authority of their office under the by -laws of said corporation, and that they signed their names thereto by like authority. 0 TA Ar .s % Not." P..Oc L' � �•� : n ' +ty commission expires March 31, 1973 co •.......•'yl ;' CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above- quoted provis ;ons of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Sioned and sealed at Hartford, Connecticut, this Sth day of February 19 B3 Assistant Secreraf,v