HomeMy WebLinkAboutC-1070 - Sand Replenishment of West Newport Ocean BeachMAIL 70 Laura Lagios, CXornia lerk ''13-140
3300 W: Newport .
Newport Beach, .92660 J
NOTICE OF COMPLETION
PUBLIC WORKS
Bs� 8470:u, 614
I RECORDED AT REQUEST OF
07Y OF MEwP MFf BEACH
ORANGE COUNTY, CALIF.
9 :05 AM DEC 19 1967
J. WYLIE CARLYLE, County Recorder
To All Laborers and Material Men and to'Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on
the Public Works project consisting of —Sand Rep..
on which
was thr
CITY of
flE'PORT K CH,
C,A', F.
D
undersigned, say:
1966
CITY OF NEWPORT BEACH
T
I am the Public Works Director of the City of Newport Beach,. - the - foregoing
Notice of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on T),,,A,,,hp, - p 4 1 q67 at Newport Beach, California.
VERIFICATION OF CITY
I, the undersigned, say:
I. am the City Clerk of the City of Newport Beach; the City Council of said
City on December 11, 1967 accepted the above described work as
completed and ordered that a Notice of Completion be .filed.
I declare.under penalty of perjury that the foregoing is true and correct.
Executed..on Decpmhor 18, l q67 at Newport Beach, California.
0
December 18, 1967 7
Mr. J. Wylie Carlyle
County Recorder
Box 238
Santa Ana, California 92702
Dear Mr. Carlyle:
Attached for recordation is Notice of Ccrpletion of Public
Works project consisting of Sand Replenishment, West Newport
Ocean Beach 1966 (Second Contract) (C- 1070), on which
C. E. Hurley Contracting Corporation was the contractor and
Glens Falls Insurance Company was the surety. Please record
and return to us.
Very truly vours,
Laura Lagios
City Clerk
City of Newport Beach
ih
Encl.
h
December 11, 1967
TO: CITY COUNCIL / /
FROM: Public Works Department
SUBJECT: SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (SECOND CONTRACT), 1966, C -1070
RECOMMENDATIONS:
1. Accept the work.
2, Authorize the City Clerk to file a Notice of Completion.
3, Authorize the City Clerk to release the bonds 35 days after Notice
of Completion has been filed,
DISCUSSION:
The contract for the Sand Replenishment of the West Newport Ocean Beach
(Second Contract) has been completed to the satisfaction of the Public Works Department.
The bid price was: $51,000.00
Amount of unit price items constructed: 38,165.00
Amount of change orders: -
Total contract cost: 38,165.00
Amount budgeted in Account #02- 4197 -165: 51,000.00
The contract called for the moving of 60,000 cubic yards of sand from the
Balboa Peninsula to West Newport. After working for some time, the Contractor,
C, E. Hurley Contracting Company of Garden Grove, California, notified Public Works
that in his opinion, the total quantity had been moved. Public Works had some question
as to the accuracy of the Contractor's statement. However, as there appeared to be
sufficient sand on the beach, and as a busy weekend was approaching, the work was
terminated Upon surveying the beach to determine the final quantity, it was found
that only 44,900 cubic yards had been moved.: The Contractor disagreed with the
computed quantity and indicated that he would initiate a court action to obtain a
greater amount,
Acceptance of the contract work and processing of the final payment have
been delayed in an effort to resolve the difference. However, no agreement has been
reached so it is felt that the project should be closed out and the Notice of Completion
filed. It is unknown at this time if the Contractor intends to pursue the court action.
A portion of the remaining funds due the Contractor will be paid to a supplier,
Warnock- Bancroft Equipment Company, in accordance with a stop -pay notice and an assign-
ment of funds which have been filed with the City,
1 @seph T Devlin COUNCIL:
blic W ks Director /a _ //- 6 7
I DI POSIiION:
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CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT—
November
29, 1967
C r-!o-�o
To: City Clerk
From: City Attorney
Subject: Contract 1070 - West Newport Beach Sand Replenishment
Transmitted is the original of a document entitled AUTHORIZATION
TO RELEASE FUNDS executed by C. E. Hurley Contracting Corp. and
Cook & Olson, relating to the subject contract.
This is sent to you for inclusion in your file on this matter.
THS:mec
Att.
cc - Public Works Director
(Attention: Ben Nolan)
i �J,
4y1A H Se r itttorne
AUTHORIZATION TO RELEASE FUNDS
This authorization is made and entered into by
C.E. HURLEY CONTRACTING CORP., and COOK & OLSON, and by it
the following is agreed to, to wit:
WHEREAS, C.E. Hurley Contracting Corp., entered
into a contract with the City of Newport Beach for the
removal of sand;
WHEREAS, C.E. Hurley Contracting Corp. rented
equipment and obtained labor for the operation thereof from
Cook & Olson;
WHEREAS, Warnock - Bancroft Equipment Company has
filed with the City of Newport Beach a Stop Notice claiming
the sum of $2,845.00 owing to it for use of certain equipment
i
in connection with the foregoing;
NOW,, THEREFORE, it is hereby agreed as follows:
1. The undersigned hereby requests and authorizes
the City of Newport Beach to pay of and from funds which
may be due or become due to the undersigned the sum claimed
by Warnock- Bancroft Equipment Company upon said Stop Notice,
to wit: the sum of $2,845.00.
2. The City of Newport Beach will be credited with
the payment thereof as a part payment of sums due or claimed
to be due by the undersigned C.E. Hurley Contracting Corp.
3. The sum so paid shall be credited upon the obligation
owing or claimed by Cook & Olson to be due from C.E. Hurley
Contracting Corp. to Cook & Olson.
It is requested and the City of Newport Beach is
authorized to make the check for said $2,845.00 payable
in the name of Warnock - Bancroft Equipment Company and that the
-1-
•
City of Newport Beach mail the same directly to said payee's
address, to wit: 515 S. Turnbull Canyon Road, City of
Industry, California.
Dated: / /= 3 ,/ � C.E. HURLEY CONTRACTING CORP.
Dated:
-� -��
-2-
_ ii
BY:
�S-
ST APPOINTMENT.
417 SOUTH HILL STREET
LOS ANGELES 13, CALIFORNIA
626 -0665
626 -4123
C-/c70
ROY B. WOO LS EY
ATTORNEY AT LAW
DIRECT MAIL TO
1617 Wf3TCLlFF DRIVE, SUITE 201 NEWPORT BEACH Orrice
NEWPORT BEACH, CALIFORNIA 97660
TELEPHONE 646�Y663
January 20,1967
The Honorable Paul J. Gruber
Mayor of the City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Re: Newport Beach's contract with C. E. Hurley
Contracting Corp. for removal of sand.
Dear Mayor Gruber:
It is hoped that at the council's next meeting it
will consider the release of additional funds in subject matter.
My client, Warn ck- Bancroft Equipment Company,, furnished
much of the equipment use on a 3o , is owe 2,845.00
therefore, and has filed its Stop Notice as to the payment of
$2,845.00, C, F. Hurley Contracting Corp. has no ob'
to the payment of the amoun we c a e, an its authorization
to pay Warnock- Bancro quipment Company will be given.
We understand that at least such an amount is owing;
since the contractor has not paid its obligations, the payment
of sums now subject to the Stop Notice willlto'bnvenience the
creditor who is not in any way involved in the dispute between
the contractor and the city concerning the amount of sand moved.
My client and the undersigned would greatly appreciate
the council's authorizing the payment of at least $2,845.00
on the contract at this time.
Very truly yours,
ROY B. WOOLSEY�
RBW: dac
C'ECEIVED
CITY CLERK a cae
ii; j m.
CITY OF y
EWPORi BEACH,
CALIF FILI
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RUM, Kim LOw McCU MH 6 RICH {a
{ A. LEE ADAIw
ATTORNEYS AT LAW AREA COD[ 714 k !
TNOMAS C.KINO _ NEWPORT NATIONAL BANK BUILDING TELEPHONE O�E�t]]b ° �...
KEITH N. LONG - ^"
PAUL D: MOCLARY. JR. WCSTCLIFF AT DOVER DRIVE
IN REPLY R[FCR'Td:�" '''•
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ROBT. N. RICH
nfwrokT esacx.caufoa la 92660
January 4, 1967.
The Honorable Mayor and City Councilmen
of the City of New Beach JAS y �F''..�, K.� N
Newport Beach, California 4, NQp,��1,
Z
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Dear Sirs:
i
Enclosed herewith, please find claim for damages against j l
the City of Newport Beach. I have signed some on behalf of my
client, C.E. Hurley Corp. and submit some for your consideration.
The basic disagreement with regard to this claim is based x
on a disparity between the City and Claimant concerning the number I.-
1 i
of yards of sand moved in the replenishment operation for the West I
Ocean Front. My best information us received from Mr. Nolan {+ .t.?.;
indicates that after a partial payment there is $6968..30 due my client l
which the City does not dispute, which sum I would appreciate the ,
receipt of at your earliest convenience. The difference between this 9'
sum and the approximate sum claimed we can litigate or discuss in the ,` r
future. However, I would appreciate your taking care of the ('
undisputed figure at the present time to eliminate whatever burdens Y
this non- payment has caused my client. u %
' s
Your,earliest reply will be appreciated. j
# t Very truly yours, t. 1
x2l a e
G
t
+`PAUL D'. McCLARY JRL /�
f
PDM/ew
Encl. 4 �.�� � °4 L'
t q � M COUNCI
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CLAIM FOR DAMAGES AGAINST
THE CITY OF NEWPORT BEACH
1, Name of claimant: C. E. Hurley Contracting Corp.
2. Post Office address of claimant: 11541 Westminster Boulevard, Garden Grove,
California
3. Post Office address to which notices are to be sent:
Paul D. McClary, Jr. 1501 Westcliff Drive, Newport Beach, California
4. Date, place and other circumstances of the occurrence or transaction which
gave rise to the claim asserted: As of November 12, 1966. Contract No. 1070
_(sand replenishment West Ocean Front, Newport Beach) was concluded. Total price
for said work has not been paid as of this date. There is still approximately $26.000.00 .
_due and unpaid to Claimant-
S. 5. General description of the indebtedness, obligation, injury, damage or loss
incurred: Breach of Contract No. 1070 with the City of Newport Beach which
occurred approximately Deeem6er 12, 1966 fnr which the City oWes to Claimant
6. Name or names of the City employee or employees causing the injury, damage
or loss, if ]mown: City of Newport Beach, Mr. Beniamin Nolan. Mr. Joseph
Develin, Mr. Patrick Dunagon and others.
7. The amount claimed as of the date of presentation of the claim, including
the estimated amount of any prospective injury, damage or loss, insofar as
it may be known at the time of presentation of this claim, together with
the basis of computation of the amount claimed: $26,000.00 plus interest
Signature of claimant or his
authorized representative:..
maul W. M .Ciar- y jr. Arrorney of aiman
Date: January 4, 1967
Telephone number: 642 -2330
0 a
NOTICE
A CERTIFICATE OF INSURANCE HAS BEEN ISSUED
TO THE BELOW NAMED
Agent
LB6MM INSURANCE Snv Cg, INC.
1
This Endorsement No. , forms a port of Policy No. CLY 5036 , and is effecfiye October 10, 1966 one
p Nay Il 1967 g policy, (Month- Day -Year)
ex Tres , at the hour desi noted in said olio issued to
(Month- Day -Year) 1. Co E. Barley Contracting Corporation
2. Tarratuip Corporation
3. C. Be Harley, An Inavidual
(Name of Insured)
by the UNITED PACIFIC INSURANCE COMPANY. 11541 Westminster Boulevard -
Carden Grovel California
ADDITIONAL INTERESTS 1
(Only items marked ❑X are affected by this endorsement.)
It is agreed that in consideration of a premium of $ laoluisd
(Enter amount -or 'included', 'charged', 'to be determined by audit', etc.)
1. The below name is (are) included as an E4 additional insured: ED named insured: (see note beloXf PROVED AS TO FORM -
CM Or NMGMT WACK9 CM MM
3300 V. Hour rt Boulevard Date:
Bwport Baaeh, California C!T ORNEY
2. But only as respects the following: ��
Ek SUBJECT OF INSURANCE COVERAGES AMOUNT OR LIMIT
Job: Sand Replenishment of Sala Auto- $250,000 each parson $500,000 each ocwrrsnea`•
West Newport Ocean Beach (Sercoai -Not Auto- $250,000 each person $500.000 each occurrence
Contract) 1966 - Contract $5000000 Aggregate
No. 1070 Products - Completed
Operation
P.D. Auto- $1009000 each occurrence
Not Auto -$100,000 each occurrence $1000000 Aggregate
Owned by
(Enter name -or 'him, 'them', 'it')
3. While: Maintained or used by
(Enter name- or'him•, 'them', 'It')
"IT IS 914MBY UNDERSTOOD AND AGREED THAT THE POLICY TO WHICH THIS CERTIFICATE
REFERS MAY NOT BE CANCELLED, MATERIALLY CHANGED, NOR THE AMOUNT OF COVERAGE
THEREOF REDUCED, NOR THE POLICY ALLOWED TO LAPSE UNTIL TEN DAYS AFTER RECEIPT
'Note: The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, but the inclusion
herein of more than one insured shall not operate to increase the limits of the company's liability.
BY THE CITY CLERK OF THE CITY OF NEWPORT
All t 0,."%Ti s XIAIJ-polil WM tBEAfujenGAL'IFVgched remain unchanged except as herein specifically provided.
OF A REGISTERED WRITTEN NOTICE OF SUCH
CANCELLATION OR REDUCTION IN COVERAGE."
Countersigned by O
Authorized Representative - PRESIDENT
931 9.64
To:
Attn:
STOP NOTICE TO OWNER OR HOLDER OF FUNDS
v .
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California j
CONTROLLER.} AUDITOR OR FINANCE DIRECTOR
CITY COUNCIL
C.E. HURLEY CONTRACTING CORP,
11541 Westminster
Garden Grove, California
COOK & OLSON
2657 Redlands Drive
Costa Mesa, California
PLEASE TAKE NOTICE that the undersigned has furnished
materials used and to be used or consumed in and appliances
contributing to the work of improvement herein referred to
at the instance and request of the owner of said improvement
and the owner of the land on which the same is located and is
to be located or of other persons acting by his authority.
Said work of improvement consists of construction, excavation,
and /or repair to a beach at Newport Beach, California completed
on or about November 10,1966.
Said materials consist of one dozer, commonly known as
a Michigan 280, III tractor dozer and repair parts thereof.
The agreed and reasonable rental value of said dozer was and
is the sum of $785.00 per week plus freight and repairs and
the same was furnished to and used on said work of improvement
for and during the period from October 17,1966 to November 6,
1966. The agreed and reasonable sum for said period for said
dozer is the sum of $3,630.00 consisting of $785.00 rent for
each of three weeks, $178.00 freight and $1,097.66 labor and
materials for repairs all agreed and reasonable values.
-1-
No part of the foregoing $3,430.00 has been paid, except
the sum of $785.00, and there now remains due and unpaid
to the undersigned the sum of $2,845.00.
YOU,_ AND EACH OF YOU, ARE FURTHER NOTIFIED that said
C.E. Hurley Contracting Corp. is and was the general contractor
with the City of Newport Beach; that Cook & Olson is a sub-
contractor under said contractor and dozer and repair parts
were requested by, furnished to and used by said Cook & Olson
pursuant to said contracts and subcontracts for said
improvement.
YOU ARE HEREBY NOTIFIED to withhold from said contractor
sufficient money to answer the subject claim.
WARNOCK- 1BANCROEQUZPM T CO
by:
ROtT HOWAW, Vice resident
515 S. Turnbull Canyon Road
City of Industry, California
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
ROBERT HOWARD certifies and declares that he is an
officer of the claimant and the one who on behalf of claimant
signed the foregoing stop notice; that he has read the foregoing
stop notice and knows the contents thereof; that the same are
true of his own knowledge.
I certify and declare, under penalty of perjury that the
foregoing is true and correct.
Executed on January 7,1966 at County of Orange, State of
California. ZZ
o er oae
SEPTEMBER 26, 1966
TO: CITY COUNCIL
FROM: PUBLIC WORKS DIRECTOR
SUBJECT: PLANS AND SPECIFICATIONS FOR THE SAND REPLENISHMENT OF WEST NEWPORT
OCEAN BEACH (SECOND CONTRACT - 1966)
CONTRACT NO. 1070 ',-� /3
RECOMMENDATIONS:
APPROVE THE PLANS AND SPECIFICATIONS.
Z. AUTHORIZE THE CITY CLERK TO ADVERTISE FOR BIDS TO BE OPENED
AT 10:00 A.M., MONDAY, OCTOBER 10, 1966.
DISCUSSION:
THIS PROJECT WILL PROVIDE FOR THE PLACEMENT OF 60,000 CUBIC YARDS OF SAND
ON THE ERODED AREA OF THE BEACH IN WEST NEWPORT, EXTENDING ROUGHLY FROM 36TH STREET
TO 44TH STREET. THE MATERIAL WILL BE HAULED FROM THE PENINSULA OCEAN FRONT BEACH
BETWEEN ISLAND AVENUE AND 11TH STREET. THE ESTIMATED COST IS 66,000.
BASED ON THE AVERAGE ANNUAL SAND L055 OF 40,000 CUBIC YARDS CALCULATED
BY THE CORPS OF ENGINEERS, IT HAD BEEN ANTICIPATED THAT THE 124,000 CUBIC YARDS
OF SAND PLACED ON THE WEST NEWPORT BEACH LAST YEAR WOULD BE ADEQUATE TO PROTECT
THE AREA FOR APPROXIMATELY 3 YEARS. HOWEVER, UNUSUAL SURF CONDITIONS PREVAILED
DURING THE SPRING AND EARLY SUMMER OF THIS YEAR, RESULTING IN CONSIDERABLE EROSION
OF THE BEACH MUCH EARLIER IN THE SEASON THAN IS NORMAL. ABOUT 56 FEET OF BEACH
WIDTH WAS ERODED DURING THE MONTHS OF APRIL AND MAY, A PERIOD DURING WHICH THE
BEACH IN THE AREA IS NORMALLY STABLE. THUS THE FURTHER NORMAL EROSION WHICH HAS
TAKEN PLACE DURING SUMMER AND EARLY FALL HAS RESULTED IN A POTENTIALLY DANGEROUS
SITUATION AT PRESENT. AS OF SEPTEMBER ZZ THE MINIMUM REMAINING BEACH WIDTH WAS
ABOUT 25 FEET. THIS AMOUNT OF BEACH COULD BE LOST DURING A SINGLE STORM.
THE MINIMUM BEACH WIDTH IN WEST NEWPORT IS USUALLY REACHED FROM LATE
OCTOBER TO EARLY NOVEMBER. THE BEACH THEN REMAINS ESSENTIALLY STABLE UNTIL
JANUARY, WHEN THE SEASONAL BUILD -UP BEGINS. THEREFORE, TO PROVIDE PROTECTION
DURING THE PERIOD FROM OCTOBER TO JANUARY, PLACEMENT OF THE SAND FILL IS RECOM-
MENDED. IT 15 FELT THAT PROVIDING PROTECTION BY MEANS OF A SAND FILL IS SUPERIOR
TO A SANDBAGGING OPERATION BECAUSE THE PROTECTION PROVIDED IS MUCH MORE POSITIVE,
AND MORE PROTECTION PER DOLLAR EXPENDED WOULD BE OBTAINED.
THE CORPS OF ENGINEERS HAS INDICATED VERBALLY THAT THEY WOULD RECOMMEND
INCLUSION OF THE SAND REPLENISHMENT WORK IN PHASE Z OF THE BEACH EROSION CONTROL
PROJECT FROM ANAHEIM BAY TO NEWPORT HARBOR ENTRANCE. THE COST OF THE WORK COULD
THEN BE SHARED BY OTHER AGENCIES PARTICIPATING IN THE BEACH EROSION CONTROL
PROJECT.
/V -�M..� � �l`d•"'4`' P� `'� Gam, �*- �L`��,w".``� /QC`• ./ i .7' •,
;= i r
TO: CITY COUNCIL
SUBJ: CONTRACT NO. 1070 - Z.
9 -z6 -66
A REPRESENTATIVE OF THE CORPS OF ENGINEERS WILL BE PRESENT AT THE
COUNCIL STUDY SESSION TO DISCUSS THE BEACH EROSION SITUATION AND THE PROGRESS
OF THE CORP S PROJECT FOR EROSION CONTROL.
IF APPROVED,, IT IS ANTICIPATED THAT THE AWARD OF THE CONTRACT WILL BE
MADE ON OCTOBER 10, 1966, THE SAME DATE AS THE RECEIPT OF BIDS. THE SPECIFICA-
TIONS CALL FOR THE CONTRACTOR TO COMPLETE THE WORK WITHIN 35 CALENDAR DAYS FROM
DATE OF AWARD.
EPH 'V DEVLIN
LIC WORKS DIRECTOR
BBN:VR
CERTIFICATE 4111 0
OF INSURANCE Leatherby Insurance Service, Inc.
218 East Commonwealth Avenue
Box 568 Fullerton, California
LA 64603 OW 1-0718
C. E. Hurley Contracting Corporation
NAMED 11541 Westminster Boulevard
INSURED . Garden Grove, California
CERTIFICATE CITY OF NEWPORT BEACH
ISSUED TO CITY HALL
3300 W. Newport Blvd.
Newport Beach, California
protection direction
APPROVED AS TO FORM
Date:
CI 1 Y WORN _Y
C-.
THIS IS TO CERTIFY that the Argonaut Insurance Company
has issued, to the insured named herein, policies of insurance which provide, subject to the provisions,
conditions and limitations contained therein, and during their effective period, coverage as described
below:
KIND OF INSURANCE
POLICY NUMBER
POLICY PERIOD
LIMITS OF LIABILITY
COMPENSATION
CC20 -213—
EFF
4/1/66
STATUTORY CALIFORNIA
COMPENSATION—
WORKMEN'S COMPENSATION
060655
EXP
4/1/67
LIABILITY
EACH PERSON
EACH ACCIDENT
BODILY INJURY LIABILITY —
AUTOMOBILE
S
.000
$ .000
EACH PERSON
EACH ACCIDENT
BODILY INJURY LIABILITY—
EXCEPT AUTOMOBILE
EFF
S
.000
$ .000
EACH ACCIDENT
PROPERTY DAMAGE LIABILITY—
AUTOMOBILE
EXP
S
.000
EACH ACCIDENT
AGGREGATE
PROPERTY DAMAGE LIABILITY—
EXCEPT AUTOMOBILE
S
.000
S .000
AUTOMOBILE PHYSICAL DAMAGE
COMPREHENSIVE
EFF
$
FIRE. LIGHTNING a TRANSPORTATION
S
THEFT
EXP
s
COLLISION OR UPSET
ACV LESS S
DEDUCTIBLE
LOSS PAYABLE TO
REMARKS
Job: Sand Replenishment of West Newport Oceajllla l i Intract)
1966 — Contract No. 1070
PUBLIC vi.
::,;S DEPT;
This policy shall not be canceled nor materially reduced in coverage until after 10 days written notice of such can -
celation or reduction in coverage shall have been mailed to this certificate holder,. by registered mail to the City
Clerk of the City of Newport Beach, City Hall, Newport Beach, California
DATE 0 tr
DATE 12, 1966
BY
AUTHORIZED REPRESENT
flfflk-
i
_ _i
CERTIFICATE 0 0
OF INSURANCE Leatherby Insurance Service, Inc.
218 East Commonwealth Avenue
Box 568 Fullerton, California
LA 64603 CAN 1 .0718
C. E. Hurley Contracting Corporation
NAMED 11541 Westminster Boulevard
INSURED . Garden Grove, California
CERTIFICATE CITY OF NEWPORT BEACH
ISSUED TO CITY HALL
3300 W. Newport Blvd.
Newport Beach, California
THIS IS TO CERTIFY that the Argonaut Insurance Company
has issued, to the insured named herein, policies of insurance which provide, subject to the provisions,
conditions and limitations contained therein, and during their effective period, coverage as described
below:
KIND OF INSURANCE
POLICY NUMBER
POLICY PERIOD
LIMITS OF LIABILITY
COMPENSATION
C20 -213—
EFF
4/1/66
STATUTORY CALIFORNIA
COMPENSATION —
WORKMEN'S COMPENSATION
060655
EXP
4/1/67
LIABILITY
EACH PERSON
EACH ACCIDENT
BODILY INJURY LIABILITY —
AUTOMOBILE
S
.000
f .000
EACH PERSON
EACH ACCIDENT
BODILY INJURY LIABILITY —
EXCEPT AUTOMOBILE
EFF
a
.000
f .000
EACH ACCIDENT
PROPERTY DAMAGE LIABILITY —
AUTOMOBILE
EXP
S
.000
EACH ACCIDENT
AGGREGATE
PROPERTY DAMAGE LIABILITY —
EXCEPT AUTOMOBILE
a
.000
S .000
AUTOMOBILE PHYSICAL DAMAGE
COMPREHENSIVE
EFF
f
FIRE. LIGHTNING at TRANSPORTATION
$
THEFT
EXP
f
COLLISION OR UPSET
ACV LESS f
DEDUCTIBLE
LOSS PAYABLE TO
REMARKS
Jobs Sand Replenishment of West Newport Ocean Beach (Second Contract)
1966 — Contract No. 1070
This policy shall not be canceled nor materially reduced in coverage until after 10 days written notice of such can -
celation or reduction in coverage shall have been mailed to this certificate holdgr.by registered mail to the City
Clerk of the City of Newport Beach, City Nall, Newport Beach, California
DATE October 12. 1966
i
BY
AUTHORIZED RePRESENIrA
UNITED PACIFIC INSURANCE COMPANY
A MEMBER OF UNITED PACIFIC INSURANCE GROUP
HOME OFFICE: TACOMA. WASHINGTON I
CERTIFICATE
OF INSURANCE
This is to certify that the following policy of insurance, covering as stated, has been issued by the UNITED
PACIFIC INSURANCE COMPANY of Tacoma, Washington, and is in force as indicated:
This Certificate No. , is evidence of Policy No. CLP 5036 , and is effective October 10, 1966and
expires May ll, 1967 at the hour designated in said policy, issued to (Month- Day -Year)
(Month- Day -Year) 1. C. E. Hurley Contracting Corporation
2. Terraquip Corporation
3. C. E. Hurley, An Individual
(Na. or Inured)
by the UNITED PACIF IC INSURANCE COMPANY. 11541 Westminster Boulevard
Garden Grove, California
ADDITIONAL INTERESTS
(Only items marked XX are affected by this endorsement.)
It is agreed that in consideration of a premium of $ Included
(Enter amount -or 'included', 'Charged', 'to be determined by audit', etc.)
1. The below name is (are) included as an [additional insured: ❑ named insured: (see note below)'
CITY OF NEWPORT BEACH, CITY HALL APPROVED AS TO FORM
3300 W. Newport Boulevard Date:
Newport Beach; California CITY hYrORNEY
2. But only as respects the following:
Q( SUBJECT OF INSURANCE
AMOUNT OR LIMIT
Job: Sand Replenishment of B.I. Auto — $250,000 each person $500,000 each occu
West Newport Ocean Beach (Second —Not Auto — $250,000 each person $500,000 each occu
Contract) 1966 — Contract $500,000 Aggregate
No. 1070 Products — Completed
Operations
P.D. Auto — $100,000 each occurrence
Not Auto — $100,000 each occurrence $100,000 Aggreg
❑ Owned by
name-.,
3. While: 0 Maintained or used by
(Enter name -or 'him', 'them', •i[•)
"IT IS HEREBY UNDERSTOOD AND AGREED THAT THE POLICY TO WHICH THIS CERTIFICATE
REFERS MAY NOT BE CANCELLED, MATERIALLY CHANGED, NOR THE AMOUNT OF COVERAGE
THEREOF REDUCED, NOR THE POLICY ALLOWED TO LAPSE UNTIL TEN DAYS AFTER RECEIPT
*Note: The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, but the inclusion
herein of more than one insured shall not operate to increase the limits of the company's liability.
BY THE CITY CLERK OF THE CITY OF NEWPORT
BEACH, CITY HALL, NEWPORT BEACH, CALIF.,
OF A REGISTERED WRITTEN NOTICE OF SUCH PRESIDENT
CANCELLATION OR REDUCTION IN COVERAGE."
Countersigned by
6'31 gH - AUTHORIZED REPRESENTATIVE
0
•
CITY CLERK
CONTRACT NO. 10 70
CITY OF NEWPORT BEACH
0
CONTRACT DOCUMENTS
FOR
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH
(SECOND CONTRACT)
1966
APPR^CVED BY THE CITY COUNCIL ON THIS
26TH DAY OF SEPTEMBERS
r
r�
LAY9RA LaGios, ACT IG CITY CLERK
i
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CITY OF NEWPORT BEACHO CALIFORNIA
NOTICE OF INVITING BIDS
SEALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE CITY CLERKS CITY HALLO NEWPORT
BEACH CALIFORNIAo UNTIL I0:00 A.M.$ ON THE IOTH DAY OF OCTOBERS 1966, AT WHICH TIME
THEY WILL BE PUBLICLY OPENED AND READ, FOR PERFORMING WORK AS-FOLLOWS:
SAND REPLENISHMENT OF WEST NEWFORT OCEAN BEACH
(SECOND CONTRACT - CONTRACT NO. 1070)
NO BID WILL BE RECEIVED UNLESS IT 1S MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC
WORKS DEPARTMENT. EACH BID MUST BE ACCOMPANIED BY CASH CERTIFIED CHECKS OR*BIDDER S
BOND MADE PAYABLE TO THE CITY OF NEWPORT BEACHO FOR AN AMOUNT EQUAL TO AT LEAST IO PERCENT
OF THE AMOUNT BID.
THE DOCUMENTS INCLUDED WITHIN THE SEALED BIDS WHICH REQUIRE COMPLETION AND EXECUTION
ARE THE FOLLOWING:
1. — PROPOSAL
2. PAGE 3 — DESIGNATION OF SUB — CONTRACTORS
3� PAGE BIDDERS BOND
(1 PAGE 9 — NON — COLLUSION AFFIDAVIT
5. PAGEIO — CONTRACTOR'S FINANCIAL STATUS
THE DOCUMENTS SHALL BE AFFIXED WITH THE APPROPRIATE AND CORRECT SIGNATURES AND SEALS OF
THE CORPORATIONS PARTNERSHIPO JOINT VENTURE AND/OR INDIVIDUAL.
IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1770 OF THE LABOR CODES THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH HAS ASCERTAINED THE GENERAL PREVAILING RATE OF PER DIEM
WAGES IN THE LOCALITY IN WHICH THE WORK IS TO BE PERFORMED FOR EACH CRAFT OR TYPE OF
WORKMAN OR MECHANIC NEEDED TO EXECUTE THE CONTRACT AND IS SET FORTH IN RESOLUTION N0. 6258.
A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE CITY CLERK IN THE CITY OF
NEWPORT BEACH.
ALL BIDS ARE TO BE COMPARED ON THE BASIS OF THE ENGINEERS ESTIMATE OF THE QUANTI-
TIES OF WORK TO BE DONE.
NO BID WILL BE ACCEPTED FROM A CONTRACTOR WHO HAS NOT BEEN LICENSED IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTER 9, DIVISION III OF BUSINESS AND PROFESSIONS' CODE.
PLANS AND SPECIFICATIONSS FORMS OF PROPOSALS SONDSO AND CONTRACT MAY BE OBTAINED AT
THE PUBLIC WORKS DEPARTMENTp CITY HALLS NEWPORT BEACH CALIFORNIA.
A NON- REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF STANDARD SPECIFICATIONS..
A REFUNDABLE DEPOSIT OF $5.00. WILL BE REQUIRED FOR EACH SET OF- PLANSp SPECIAL PROVISIONSp AND
CONTRACT DOCUMENTS. UPON RETURN OF THE SET OF PLANS, SPECIAL PROVISIONS AND CONTRACT
DOCUMENTS TO THE PUBLIC WORKS DEPARTMENTO THE $5.00 DEPOSIT WILL BE REFUNDED BY MAIL. NO
REFUNDS WILL BE MADE LATER THAN 60 DAYS AFTER AWARD OF BID.
THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE
ANY'.INFORMALITY IN SUCH BIDS.
CITY OF NEWPORT BEACHP CALIFORNIA
LAURA LAGIOS,, ACTING CITY CLERK
0
PROPOSAL FOR CONTRACT NO. 1070
TO THE HONORABLE CITY COUNCIL
CITY OF NE WPORT BEACH
CALIFORNIA
THE UNDERSIGNED DECLARES THAT HE HAS CAREFULLY EXAMINED THE LOCATION OF THE PRO-
POSED WORKI THAT HE HAS EXAMINED THE PLANS AND SPECIFICATIONS FOR CONTRACT NO. 1070,
AND HEREBY PROPOSES TO FURNISH ALL EQUIPMENT AND MATERIALS AND DO ALL WORK REQUIRED TO
COMPLETE THE WORK IN ACCORDANCE WITH SAID PLANS, THE STANDARD SPECIFICATIONS OF THE
CITY OF NEWPORT BEACH, AND THE SPECIAL PROVISIONS, AND THAT HE WILL TAKE IN FULL
PAYMENT THEREFOR THE FOLLOWING UNIT PRICES FOR EACH ITEM COMPLETE IN PLACE, TO WIT:
ESTIMATED
ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL
N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
60,000 SAND EXCAVATION
CUBIC
YARDS @ 0 DOLLARS $ O8 $ 51,000.00
AND
EIGHTY -FIVE CENTS
PER CUBIC YARD
TOTAL PRICE WRITTEN IN WORDS
FIFTY -ONE THOUSAND
R.7
DOLLARS
AND
CENTS $ 51,000.00
0 0
ALL BIDS ARE TO BE COMPUTED ON THE BASIS.OF THE GIVEN UTIMATED QUANTITIES OF WORK,
AS INDICATED IN THIS PROPOSAL, TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER.. IN CASE
OF A DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. IN CASE OF AN ERROR
IN THE EXTENSION OF A UNIT PRICE, THE CORRECTED EXTENSION SHALL BE CALCULATED AND THE BIDS
WILL BE COMPUTED AS INDICATED ABOVE AND COMPARED ON..TME BASIS OF THE CORRECTED TOTALS-
THE ESTIMATED QUANTITIES OF WORK INDICATED IN THIS PROPOSAL ARE APPROXIMATE ONLY,
BEING GIVEN SOLELY AS A BASIS FOR COMPARISON OF BIDS. .
THE UNDERSIGNED HAS CHECKED CAREFULLY ALL OF THE ABOVE FIGURES AND UNDERSTANDS THAT
THE CITY WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE PART OF THE UNDERSIGNED
IN MAKING UP THIS BID.
THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT
WITH NECESSARY BONDS WITHIN TEN (10) DAYS, NOT INCLUDING SUNDAY, AFTER HAVING RECEIVED
NOTICE THAT THE CONTRACT IS READY FOR SIGNATURE, THE PROCEEDS OF CHECK OR BOND ACCOMPANY-
ING THIS BID SHALL BECOME THE PROPERTY OF THE CITY OF NEWPORT BEACH-
LICENSED IN ACCORDANCE WITH THE STATUTES OF THE STATE OF CALIFORNIA PROVIDING FOR
THE REGISTRATION OF CONTRACTORS, LICENSE N0. 219 -1420
ACCOMPANYING THIS PROPOSAL IS BIDDER'S BOND
(CASH,, CERTIFIED CHECK, CASHIERS CHECK OR OND
IN AN AMOUNT NOT LESS THAN 10 PERCENT OF THE TOTAL BID.PRICE.
537 -8370
ONE NUMBER
OCT. .10, 1966
ATE
11541 WESTMINSTER BLVD.
GARDEN GROVE, CALIFORNIA
BIDDER'S ADDRESS
C. E. HURLEY CONTRACTING CORP.
IDDER'S NAME
(SEAL)
/S/ C. E. HURLEY - PRES. RMO '
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
CORP.
TYPE OF RGANIZATIO'N (INDIVIDUAL, CORPORATION, CO- PARTNERSHIP)
',.
LIST BELOW NAMES OF PRESIDENT, SECRETARY, TREASURER AND MANAGER IF A CORPORATION,
AND NAMES OF ALL CO- PARTNERS IF A CO- PARTNERSHIP:
C. E. HURLEY CONTRACTING CORP.
/s/ C. E. HURLEY - PRES. RMO
/S/ ALMEDA L. HURLEY - SECT. TREAS.
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PAGE 3
DESIGNATION OF SUB - CONTRACTORS
THE UNDERSIGNED CERTIFIES THAT HE HAS USED THE SUB -BIDS OF THE FOLLOWING
LISTED CONTRACTORS IN MAKING UP HIS BID AND THAT THE SUB - CONTRACTORS LISTED
WILL BE USED FOR THE WORK FOR WHICH THEY BIDS SUBJECT TO THE APPROVAL OF
THE CITY ENGINEERy AND IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE
SPECIFICATIONS. NO CHANGE MAY BE MADE IN THESE SUB - CONTRACTORS EXCEPT UPON
THE PRIOR APPROVAL OF THE ENGINEER.
ITEM OF WORK SUBCONTRACTOR ADDRESS
2.
3•.
4.
5•
7•
8.
9•
10.
IE
C. E. HURLEY CONTRACTING CORP.
BIDDER'S NAME
/S/ C. E. HURLEY - PRES. RMO
AUTHORIZED SIGNATURE
CORP.
TYPE OF ORGANIZATION
(INDIVIDUAL, COPARTNERSHIP OR CORPORATION)
11541 WESTMINSTER BLVD.
GARDEN GROVE, CALIFORNIA
ADDRESS
(FOR ORIGINAL SEE CITY CLERK 0ILE)
PAGE 4
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
THAT WE, C. E. HURLEY CONTRACTING CORPORATION , AS PRINCIPAL,
AND GLEN FALLS INSURANCE COMPANY , AS SURETY, ARE HELD
AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF TEN
�/
BID
PERCENT (10%) OF THE AMOUNT/DOLLARS 4 ), 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 PRINCIPAL FOR THE CONSTRUCTION OF
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (SECOND CONTRACT) 1966
IN THE CITY OF NEWPORT BEACH, IS ACCEPTED BY THE CITY COUNCIL OF SAID CITY, AND IF THE
ABOVE BOUNDEN PRINCIPAL SHALL DULY ENTER INTO AND EXECUTE A CONTRACT FOR SUCH CONSTRUC-
TION AND SHALL EXECUTE AND DELIVER THE TWO (Z) BONDS DESCRIBED IN THE "NOTICE INVITING
BIDS" WITHIN TEN (10) DAYS (NOT INCLUDING SATURDAY AND SUNDAY),FROM THE DATE OF THE
MAILING OF A NOTICE TO THE ABOVE BOUNDEN PRINCIPAL BY AND FROM SAID CITY OF NEWPORT
BEACH THAT SAID CONTRACT IS READY FOR EXECUTION, THEN THIS OBLIGATION SHALL BECOME NULL
AND VOID; OTHERWISE IT BE AND REMAIN IN FULL FORCE AND EFFECT, AND THE AMOUNT SPECIFIED
HEREIN SHALL BE FORFEITED TO THE SAID CITY.
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, WE HEREUNTO SET OUR HANDS AND SEALS THIS DAY OF
19
CORPORATE SEAL (IF CORPORATION)
(ATTACH ACKNOWLEDGEMENT OF
ATTORNEY IN FACT)
L_ii
TITLE
INC [PAL
SURETY
PAGE 7
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA,
BY MOTION ADOPTED OCTOBER 10, 1966
HAS AWARDED TO C. E. HURLEY CONTRACTING CORPORATION ,
HEREINAFTER DESIGNATED AS THE "PRINCIPAL", A CONTRACT FOR
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (SECOND CONTRACT) 1966
IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI-
CATIONS AND 0 7'HER CONTRACT DOCUMENTS NOW 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 A BOND FOR THE FAITHFUL PERFORMANCE OF
SAID CONTRACT;
NOW, THEREFORE, WE, C. E. HURLEY CONTRACTING CORPORATION
AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR", AND
THE GLENS FALLS INSURANCE COMPANY
AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF
TWENTY -FIVE THOUSAND, FIVE HUNDRED------- - - - - -- DOLLARS ($25,500.00 ),
SAID SUM BEING EQUAL TO 50% OF THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID TO
THE SAID CITY OR ITS CERTAIN ATTORNEY) ITS SUCCESSORS, AND ASSIGNS; FOR WHICH PAY-
MENT) WELL AND TRULY TO BE MADE, WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND AD-
MINISTRATORSa SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRE-
SENTS.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE ABOVE BOUNDEN PRINCIPAL) M15
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, CONDITIONS
AND AGREEMENTS IN THE SAID CONTRACT AND ANY ALTERATION THEREOF MADE AS THEREIN PRO-
VIDED 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 STuPULATED, THEN THIS OBLIGATION SHALL BECOME NULL AND VOID;
OTHERWISE IT SHALL REMAIN IN FULL FORCE AND VIRTUE.
PAGE 8
(PERFORMANCE BOND - CONTINUED)
AND SAID SURETY, FOR VALUE RECEIVED, HEREBY STIPULATES AND AGREES THAT NO CHANGE,
EXTENSION OF TIME, ALTERATION OR ADDITION 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 CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CON-
TRACT 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 ON ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY
FROM ITS OBLIGATIONS UNDER THIS BOND.
IN WITNESS WHEREOF, THIS INSIRUMENT HAS BEEN RU Y EXECUTED BY THE �RINCIPAL AND
SURETY ABOVE NAMED, ON THE IOth DAY OF BNober , 1969_,
C. E. HURLEY CONTRACTING CORP.
CONTRACTOR
GLENS FALLS INSURANCE COMPANY (SEAL)
(SEAL).
SURETY
Carl R. ARms trong. Attorney- I Fait -
APPROVED AS TO FORM:
i
CITY ATTORNEY
a
I
State of California
SS.
....- - - - --- ---..County of -------- Ora n$e._.._` -
` WILMA E HARDIN�
'., �- • NOIARY FU60C,CAIIFORNIA
.r Stf111 ChM,
1 BI
PRINCIPAL
RANGE COUNTY
IN
ORANGE COUNTY
On this ---------- Wth -------- day of_--- October_ .............. '--------- ire the year
One Thousand Nine Hundred end.- SIXtyLSiX ------------- .---------- before me,
Wilma E. Hardin - - - -- --- - - - - -- ...... a Notary Public
in and for the said .... ------------- .------------------ County of. Urdll-$e
residing therein, duly commissioned and sworn, personally appeared............
Carl R. Armstron.4._ ............ .............._...........known to me to be the
- ---- '----------------- -..... .
ATTORNEY of the GLENS FALLS INSURANCE COMPANY, the
Corporation that executed the within instrument, and known to me to be the
person who executed the said instrument on behalf of the Corporation therein
named and acknowledged to we that such Corporation executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and mixed my
official seal in the County of.. ...mm e d year in
............ ..
this certificate first above
Notary Public in and for the... ... ................. County of
WILMA E. HARWN
.......... .Dra11.Qe ... .. ........................State of Calif.
My commission expires ................... ...............................
My Cwnmwm � AWN AM 1919
..
0 0
PAGE 9
NON- COLLUSION AFFIDAVIT
THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESENT AT THE TIME OF
FILING THIS BIDS BEING DULY SWORN ON THEIR OATHS SAY, THAT NEITHER THEY NOR ANY
OF THEM, HAVE IN ANY WAY, DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGEMENT 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 AF-
FIANTS OR EITHER OF THEM HAS NOT DIRECTLY OR INDIRECTLY ENTERED INTO ANY ARRANGE-
MENT 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 AT-
TACHED 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 CONTRACTOR FROM CONSIDERING ANY BID FROM ANY SUBCONTRACTOR OR MATERIAL-
MAN WHICH IS NOT PROCESSED THROUGH SAID BID.DEPOSITORY� OR WHICH PREVENT ANY SUB-
CONTRACTOR OR MATERIALMAN FROM BIDDING TO ANY CONTRACTOR WHO DOES NOT USE THE
FACILITIES OF OR ACCEPT BIDS FROM OR THROUGH SUCH 810 DEPOSITORY; THAT NO INDUCE-
MENT OR ANY FORM OR CHARACTER OTHER THAN THAT WHICH APPEARS UPON THE FACE OF THE
BID WILL BE SUGGESTED, OFFERED, PAID, OR DELIVERED TO ANY PERSON WHOMSOEVER TO
INFLUENCE THE ACCEPTANCE OF THE SAID BID OR AWARDING OF THE CONTRACTY NOR HAS THIS
BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVER WITH ANY PERSON
WHOMSOEVER 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 BY
THIS 10TH DAY OF OCTOBER
196.
MY COMMISSION EXPIRES*
JOYCE E. LOY
MY COMMISSION EXPIRES APRIL 30, 1968
C. E. HURLEY CONTRACTING CORP.
/5/ C. E. HURLEY - PRES.
/S/ JOYCE E. Loy
NOTARY PUBLIC
PAGE 10
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
TECHNICAL ABILITY AND EXPERIENCE
(THE BIDDER IS REQUIRED TO STATE WHAT WORK OF A SIMILAR CHARACTER TO THAT INCLUDED
IN THE PROPOSED CONTRACT HE HAS SUCCESSFULLY PERFORMED AND GIVE REFERENCE WHICH
WILL ENABLE THE CITY COUNCIL TO JUDGE HIS RESPONSIBILITY, EXPERIENCE, SKILLS AND
BUSINESS STANDING.)
THE UNDERSIGNED SUBMITS HEREWITH A STATEMENT OF HIS FINANCIAL RESPONSIBILITY.
THE UNDERSIGNED SUBMITS BELOW A STATEMENT OF THE WORK OF SIMILAR CHARACTER TO THAT
INCLUDED IN THE PROPOSED CONTRACT WHICH HE HAS SUCCESSFULLY PERFORMED,
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C. E. HURLEY CONTRACTING CORP.
S IGNE
PAGE II
C O N T R A C T
THIS AGREEMENT, MADE AND ENTERED INTO THIS /J/Z%f DAY OF , 196,L,
BY AND BETWEEN THE CITY OF NEWPORT BEACH, CALIFORNIA, HEREINAFTER DESIGNATED AS THE
CITY, PARTY OF THE FIRST PART, AND C. E. HURLEY CONTRACTING CORPORATION
HEREINAFTER DESIGNATED AS THE CONTRACTOR, PARTY OF THE SECOND PART.
WITNESSETH: THAT THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS
1. FOR AND IN CONSIDERATION OF THE PAYMENTS AND AGREEMENTS HEREINAFTER MENTIONED
TO BE MADE AND PERFORMED BY THE CITY, THE CONTRACTOR AGREES WITH THE CITY TO FURNISH
ALL MATERIALS AND LABOR FOR THE CONSTRUCTION OF
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (SECOND CONTRACT) 1966
AND TO PERFORM AND COMPLETE IN A GOOD AND WORKMANLIKE MANNER ALL THE WORK PERTAINING
THERETO SHOWN ON THE PLANS AND SPECIFICATIONS THEREFOR; TO FURNISH AT HIS OWN PROPER
COST AND EXPENSE ALL TOOLS, EQUIPMENT, LABOR, AND MATERIALS NECESSARY THEREFOR, (EX-
CEPT SUCH MATERIALS, IF ANY) AS IN THE SAID SPECIFICATIONS ARE STIPULATED TO BE FUR-
NISHED BY THE CITY), AND TO DO EVERYTHING REQUIRED BY THIS AGREEMENT AND THE SAID
PLANS AND SPECIFICATIONS.
Z. FOR FURNISHING ALL SAID MATERIALS AND LABOR, TOOLS AND EQUIPMENT, AND DOING
ALL THE WORK CONTEMPLATED AND EMBRACED IN THIS AGREEMENT, ALSO FOR ALL LOSS AND DAMAGE
ARISING OUT OF THE NATURE OF THE WORK AFORESAID, OR FROM THE ACTION OF THE ELEMENTS,
OR FROM ANY UNFORESEEN DIFFICULTIES WHICH MAY ARISE OR BE ENCOUNTERED IN THE PROSECU-
TION OF THE WORK UNTIL ITS ACCEPTANCE BY THE CITY, AND FOR ALL RISKS OF EVERY DE-
SCRIPTION CONNECTED WITH THE WORK; ALSO, FOR ALL EXPENSES INCURRED BY OR IN CONSE-
QUENCE OF THE SUSPENSION OR DISCONTINUANCE OF WORK, EXCEPT SUCH AS IN SAID SPECIFI-
CATIONS ARE EXPRESSLY STIPULATED TO BE BORNE BY THE CITY; AND FOR WELL AND FAITHFULLY
COMPLETING THE WORK AND THE WHOLE THEREOF, IN THE MANNER SHOWN AND DESCRIBED IN THE
SAID PLANS AND SPECIFICATIONS, THE CITY WILL PAY AND THE CONTRACTOR SHALL RECEIVE IN
FULL COMPENSATION THEREFORE THE LUMP SUM PRICE, OR IF THE BID IS ON THE UNIT PRICE
BASIS, THE TOTAL PRICE FOR THE SEVERAL ITEMS FURNISHED PURSUANT TO THE SPECIFICATIONS,
NAMED IN THE BIDDING SHEET OF THE PROPOSAL, AS THE CASE MAY BE.
3. THE CITY HEREBY PROMISES AND AGREES WITH THE SAID CONTRACTOR TO EMPLOY, AND
DOES HEREBY EMPLOY THE SAID CONTRACTOR TO PROVIDE THE MATERIALS AND TO DO THE WORK
ACCORDING TO THE TERMS AND CONDITIONS HEREIN CONTAINED AND REFERRED TO FOR THE PRICE
AFORESAID, AND HEREBY CONTRACTS TO PAY THE SAME AT THE TIME, IN THE MANNER, AND UPON
THE CONDITIONS SET FORTH IN THE SPECIFICATIONS; AND THE SAID PARTIES FOR THEMSELVES,
THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, DO HEREBY AGREE TO
THE FULL PERFORMANCE OF THE COVENANTS HEREIN CONTAINED.
4. THE NOTICE TO BIDDERS, INSTRUCTIONS TO BIDDERS, CONTRACTOR'S PROPOSAL, AND
THE PLANS AND SPECIFICATIONS, AND ALL AMENDMENTS THEREOF, WHEN APPROVED BY THE PAR-
TIES HERETO, OR WHEN REQUIRED BY THE CITY IN ACCORDANCE WITH THE PROVISIONS OF THE
PLANS AND SPECIFICATIONS, ARE HEREBY INCORPORATED IN AND MADE PART OF THIS AGREE-
MENT.
,
PAGE 12
(CONTRACT - CONTINUED)
5. THE CONTRACTOR SHALL ASSUME THE DEFENSE OF AND INDEMNIFY AND SAVE HARMLESS
THE CITY THE DIRECTOR OF PUBLIC WORKS) AND THEIR OFFICERS AND EMPLOYEES, FROM ALL
CLAIMS LOSS, DAMAGES INJURY AND LIABILITY OF EVERY KIND, NATURE, AND DESCRIPTION,
DIRECTLY OR INDIRECTLY ARISING FROM THE PERFORMANCE OF THE CONTRACT OR WORK, REGARD-
LESS OF RESPONSIBILITY FOR NEGLIGENCE; AND FROM ANY AND ALL CLAIMS, LOSS DAMAGE
INJURY AND LIABILITY HOWSOEVER THE SAME MAY BE CAUSED, RESULTING DIRECTLY OR IN-
DIRECTLY FROM THE NATURE OF THE WORK COVERED BY THE CONTRACT) REGARDLESS OF RESPON-
SIBILITY FOR NEGLIGENCE.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS CONTRACT TO BE EXECUTED
THE DAY AND YEAR FIRST ABOVE WRITTEN.
ATTEST:
CITY OF NEWPORT BEACH CALIFORNIA
BY:
AY OR
CITY CLERK
v C, E. HURLEY CONTRACTING CORP.
CONTRACTOR -
(SEAL)
BY: �•
Lq-
Ole '140,
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
December 22, 1967
T0: CITY COUNCIL
FROM: City Manager
SUBJECT: FUNDING FOR CITY DUMP SITE STUDY
On October 14, 1966, a contract was executed with C.. E. Hurley
Contracting Company to replenish 60,000 cubic yards of sand in West Newport
for $S1,000. The total amount was encumbered. The City has to this date
paid $38,165 which we consider payment in full. This leaves an unexpended
balance of $12,835. The contractor has filed a suit against the City claim-
ing that the amount paid is insufficient. Litigation is pending on this
matter and in all probability will not appear on the Court calendar for
at least six months, If at that time a judgment should be rendered in
favor of the plaintiff, we would be into the 1968 -69 fiscal period, Since
the City would have the right to appeal, final judgment could very well be
extended into the 1969 -70 fiscal period. With this prospective time table,
it is illogical to continue the encumberance on the $12,835 and it would
appear much more appropriate to return this money to the Unappropriated
Contingency Reserve to be utilized in the current fiscal period.
It is recommended that the Council make this budgetary transfer
and in turn utilize a portion of these surplus funds to provide for the
$5,700 Economic Land Use Study of the City Dump Site which was approved at
the last Council meeting. This will result in a net increase to the Un-
appropriated Contingency Reserve of $7,135 for a total balance of $22,828.
HLH:ep
=' ' � Z �' 4z"
HARVEY L. HURLBURT
'C 1
-1 E/ W A
9 w
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
CONTRACT NO. 1070
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH
SECOND CONTRACT
1
I. SCOPE OF WORK
THE WORK IN THIS CONTRACT CONSISTS OF EXCAVATING, TRANSPORTING AND PLACING SAND
IN THE OCEAN BEACH AREA OF THE CITY OF NEWPORT BEACH, AND THE FURNISHING OF ALL
LABORS EQUIPMENT, TRANSPORTATIONS WATER, AND MATERIALS NECESSARY TO COMPLETE
THE ,,WORK? AND ANY AND ALL INCIDENTAL WORK AS SHOWN ON THE PLAN, DRAWING N0.
M- 5084 -S, AND IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS OF THE CITY OF NEW-
PORT BEACH AND THESE SPECIAL PROVISIONS.
II. TIME OF COMPLETION
THE CONTRACTOR SHALL COMPLETE THE WORK WITHIN 35 CALENDAR DAYS FROM AWARD OF CON-
TRACT BY THE CITY COUNCIL. THE AWARD OF CONTRACT IS EXPECTED TO BE MADE ON
OCTOBER 10, 1966, THE SAME DATE AS THE RECEIPT OF BIDS. WORK SHALL BE COMMENCED
WITHIN 3 DAYS OF DATE OF AWARD.
III. WORKING HOURS
THE CONTRACTOR SHALL LIMIT HIS OPERATIONS TO 7:00 A.M. TO 7:00 P.M. UNLESS WRITTEN
APPROVAL OF EXCEPTION IS GIVEN BY THE CITY. SATURDAY OPERATIONS WILL BE PERMITTED
ON THE BEACH ROUTE, BUT NOT ON THE CITY STREETS ROUTE. NO SUNDAY OPERATIONS
WILL BE PERMITTED WITHOUT THE PRIOR WRITTEN APPROVAL OF THE CITY.
IV. EXCAVATION
A. AT THE OPTION OF THE CONTRACTORS THE SAND EXCAVATION MAY BE TRANSPORTED
EITHER ALONG THE BEACH OR ALONG BALBOA BOULEVARD. THE MAXIMUM TRUCK
SIZE TO BE USED ON BALBOA BOULEVARD SHALL BE LIMITED TO "10 WHEELERS."
B. THE CONTRACTOR SHALL EXCAVATE AT THE LOCATION AND IN ACCORDANCE WITH
THE TYPICAL CROSS - SECTION AREAS SHOWN ON THE PLANS.
FOR THE BALBOA BOULEVARD ROUTES THE CONTRACTOR WILL BE ALLOWED TO CON-
STRUCT AN AGGREGATE BASE ACCESS ROAD FROM THE STREET ENDS TO THE BORROW
SITE AS SHOWN ON THE PLANS.
C. THE EXCAVATION IN THE BORROW AREA SHALL BE DISTRIBUTED THROUGHOUT THE
LENGTH OF THE PIT IN ORDER TO ACHIEVE A UNIFORM CROSS- SECTION AND PRO-
FILE UPON COMPLETION OF THE WORK.
... ..__. .... .. ..._..:..: _ . - .....,off.: i.��:.,,,- .....mss« >.�;..
SP -2
V. FILL
THE FILL SHALL BE PLACED 50 AS TO ACHIEVE A UNIFORM .CROSS- SECTION WITH THE
APPROXIMATE MINIMUM TOP WIDTH OF BEACH AREA INDICATED BETWEEN THE LIMITS
SHOWN ON THE PLANS.
IT IS THE INTENTION OF THESE SPECIFICATIONS THAT THE CONTRACT PROVIDE FOR THE
TRANSFER OF APPROXIMATELY 60,000 CUBIC YARDS OF SANDS TO RESULT IN A UNIFORM
BEACH WIDTH BETWEEN THE APPROXIMATE LIMITS INDICATED. IT MAY THEREFORE BE
NECESSARY TO ADJUST THE CROSS- SECTION WIDTHS SHOWN BECAUSE OF CONDITIONS
CAUSED BY NATURAL SAND EROSION OR DEPOSITION IN THE FILL AREA.
VI. TRAFFIC CONTROL
A. BEACH ROUTE
1. THE CONTRACTOR SHALL LIMIT THE MAXIMUM SPEED OF HIS VEHICLES TO
15 MILES PER HOUR WITHIN 100 FEET OF THE NEWPORT OCEAN PIER.
IF NECESSARY FOR SAFE PASSAGE UNDER THE PIERS A LOWER SPEED
SHALL BE USED.
2. THE CITY WILL PROVIDE PERSONNEL AND PATROL THE HAUL ROAD ON THE
BEACH IN ORDER TO KEEP IT AS CLEAR AS REASONABLY POSSIBLE OF
THE PUBLIC. HOWEVER. IT WILL BE THE CONTRACTOR S RESPONSIBILITY
TO TAKE ANY PRECAUTIONS NECESSARY TO PREVENT INJURY TO PERSONS
AND TO AVOID ANY OTHER SAFETY HAZARDS.
B. BALBOA BOULEVARD ROUTE ALTERNATE
1. THE CITY WILL REMOVE EXISTING STOP SIGNS AT NEWPORT BOULEVARD
AND 36TH STREET TO ENABLE A CONTINUOUS EASTBOUND NO -STOP TRIP
BETWEEN THE BORROW AND FILL SITES. ALSO THE CITY WILL PROVIDE
UNIFORMED FLAGMEN AS NECESSARY TO THE CONTRACTOR AT THE RATE OF
$4.41 PER HOUR TO GIVE THE HAULING TRUCKS RIGHT OF WAY OVER
CONFLICTING TRAFFIC. THE COST OF FLAGMEN SHALL BE INCLUDED IN
THE UNIT PRICE BID FOR SAND EXCAVATION. "NO PARKING" AREAS WILL
BE ESTABLISHED WHERE REQUIRED BY THE CONTRACTORS OPERATIONS.
2. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO CONDUCT THE
TRUCK TRAIN OPERATION AS SAFELY AS POSSIBLE AND TO TAKE WHAT-
EVER MEASURES NECESSARY TO PREVENT ANY PERSONAL OR PROPERTY
DAMAGE. SPECIAL ATTENTION SHALL BE GIVEN TO THE SAFETY OF
PEDESTRIANS.
V11. BASIS OF PAYMENT
THE CONTRACTOR SHALL CONFINE HIS OPERATIONS TO THE LIMITS SHOWN ON THE PLANS AND
AS DIRECTED BY THE ENGINEER. AT THE END OF EACH DAY THE CONTRACTOR SHALL DRESS -
UP THE EXCAVATION AREA TO FACILITATE CROSS - SECTIONING OF THE AREA FOR MEASURE-
MENT. IN THE AREAS WHERE THE SAND IS PLACED, THE CONTRACTOR SHALL MAINTAIN
THE FILL IN A REASONABLE HORIZONTAL AND UN.IFORM PLANE FOR THE WIDTH SHOWN ON
THE PLANS AND AS DIRECTED BY THE ENGINEER. CALCULATIONS WILL BE MADE USING THE
AVERAGE - END -AREA METHODS BASED ON THE ABOVE- MENTIONED CROSS- SECTIONING.. MEASURE-
MENTS IN THE VERTICAL AND HORIZONTAL PLANES WILL BE MADE TO THE CLOSEST 0.1
FOOT.
SP -3
VIII. PAYMENT
THE PRICE BID FOR THE SAND EXCAVATION SHALL INCLUDE FULL COMPENSATION FOR ALL
MATERIALS AND LABORS INCLUDING WATER, NECESSARY FOR THE COMPLETION OF THE WORK.
PAYMENT FOR INCIDENTAL ITEMS OF WORK SHALL BE INCLUDED IN THE PRIG BID FOR THE
SAND EXCAVATION. ONE FINAL PAYMENT WITH THE EXCEPTION OF THE 10% RETENTION
WILL BE MADE UPON COMPLETION OF THE WORK. NO PROGRESS PAYMENTS WILL BE MADE.
IX. RESPONSIBILITY OF CONTRACTOR
IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT BOTH PRIVATE AND
PUBLIC PROPERTY ADJACENT TO THE WORKING AREAS. REPAIR OF ANY DAMAGE SUSTAINED
SHALL BE MADE BY THE CONTRACTOR AT HIS OWN EXPENSE.
X. CLEAN -UP
IN ADDITION TO THE NORMAL CLEAN -UP REQUIRED BY THE STANDARD SPECIFICATIONS, THE
CONTRACTOR SHALL GRADE THE BORROW AND FILL AREAS AND THE HAUL ROAD TO A REASONABLY
SMOOTH AND EVEN CONDITION, FREE OF PRONOUNCED HILLS) HOLLOWS, AND RIDGES. ALL
MATERIAL USED BY THE CONTRACTOR NOT CONSTITUTING NORMAL BEACH SAND SHALL BE
REMOVED FROM THE SITE.
FOR THE BALBOA BOULEVARD ROUTE ALTERNATES THE AGGREGATE BASE HAUL ROAD SHALL
BE COVERED WITH A MINIMUM OF C° BEACH SAND AT THE COMPLETION OF THE SAND
TRANSFER OPERATION.
NOTICE TO B =DERS*
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS
FOR
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH
(SECOND CONTRACT)
1966
ADDENDUM NO. 0
PLEASE REVISE THE PLANS AND SPECIFICATIONS AS FOLLOWS:
DELETE THE FIRST SENTENCE OF PARAGRAPH ND. 11 ITEM By SECTION V1 OF THE S'FECIA'L
PROVISIONS WHICH READS AS FOLLOWS:
?1T HE CITY WILL REMOVE EXISTING STOP SIGNS AT NEWPORT BOULEVARD AND
36TH STREET TO ENABLE A CONTINUOUS EASTBOUND NO -STOP TRIP BETWEEN
THE BORROW AND FILL SITES."
IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO DETERMINE WHERE UNIF`:+RMIED
FLAGMEN WILL BE REQUIRED AND INCLUDE THE COST OF FLAGMEN IN THE UNIT PRDCE 9DD
FOR SAND EXCAVATION,, AS DESCRIBED IN SAID PARAGRAPH.
PLEASE CONTACT MICHAEL ANDERSON OF THE PUBLIC WORKS DEPART14ENT AT 673 -21C05 IF
A PRE -BBD CONFERENCE 05 DESIRED IN ORDER TO WORK OUT THE DETAILS OF YOUR
OPERATION BEFORE SUBMITTING YOUR PROPOSAL.
PLEASE SHOW DATE OF RECEIPT OF THIS ADDENDUM ON THE PROPOSAL SHEET,, OF INDICATE RErEDPT
BY INSERTING A -COPY OF THIS ADDENDUM WITH YOUR PROPOSAL.
9,/30 /66
I
Z,
BENJAMIN B. NOLAN
CITY ENGINEER
1'
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(1x)
R -6453
SUM No.
A RESOL37 101# # To CITY of Im CITY OF
B m.H AiUDING A MOT Ti a To SAND
.WLMUSWXT OF WW BAS BEACH (UC01W
FACT - 1%6) (409DA0 NO, 1070)
War pursusat to the novice invj#Sft bids for work
consisting of the send . rsplraiSIVWnt of West NoMort Ocamn Beech
in the City Of Bsvport Zmwh, in accordmoo with the plans and
sllwi ficatiaaaa heretofore adopted, bids we*.ra received on the 10th
day of Octet, 19"s and publicly opener: and declared, end
: ipleyiohaco Mows resp�ible bidder ttia lowest
therefor is t
**! THMMFM , U IT Rit:sOLVED that tba hid of
C. E. Hurley Contracting Corporation
In the sat Of
6 be accepted ant! that the contract for the
sand replenishment work be warded to said bidder.
88 Ile FWAR REB UND that the Xayor sad City Clerk
are hereby` authorised aid directed to execute a contsset in accoc
antes with the specifications, bid and this award on behalf of the
c;:ity of Newport Meech, and that the City Clerk be directed to
furnish an executed copy too the sucees4ful bidder. Ocer
ApOPM this day of ....,,...._. ._.._a 1966.
mayor
ATTEST:
t
0
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No.
0
Date 9atebey 14, 1966
Authorized by Resolution No. 6453 adopted on 0etnher 10� 1966
Date Mayor and City Clerk executed Contract October 14, 1966
Effective date of Contract
Contract with C. E. Hurley Contracting Corporation
Address 11541 Westminster Boulevard
Brief description of Contract_ Smd replenishment of West Newport
Amount of Contract
Acting City Clerk
rAL-
City Clark
Public Works Director
Acting City Clark
Contract No. 1070
0
October 14, 1966
Attached are two executed copies of subject contract for sand
replenishment of West Newport ocean beach (second contract) for
your department and for transmittal to the Contractor.
Laura Legion
11
Encls.
� j a
C. E. HURLEY CONI'RACTING CORPORATION -
RESOLUTION OF BOARD OF- DIRECTORS "
5
In accordance with Article V of'the By —Laws of the C. E.
Hurley Contracting Corporation the und?rsigned, consisting of
the entire Board of Directors of such corporation, by their ?
unanimous written consent, as evidenced by the signatures below,
in accordance with Section 814.5 of the California Corporations;
i
Code, hereby adopt the following resolution:
RESOLVED, that C. E: Hurley,•President of C. Et
Hurley Contracting Corporation, be authorized to i
enter into any contract or execute any instrument
in the name of and on behalf of C. E. Hurley
Contracting Corporation.
Dated September 29, 1964
0
gf
o
O
z000
i
0 P. P. P.
C+ C+ r+
0
Nro
i
TO: CITY COUNCIL
FROM: PUBLIC WORKS DIRECTOR
0
OCTOBER 10, 1966
SUBJECT: CONTRACT FOR THE SAND REPLENISHWXT OF THE WEST NEWPORT OCEAN BEACH
(SECOND CONTRACT) 1966, CONTRACi`NO. 1070
RECOMMENDATION:
ADOPT A RESOLUTION AWARDING THE CONTRACT TO C. E. HURLEY CONTRACTING
CORPORATION FOR $511000.00 AND AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE THE CONTRACT. -
DISCUSSION:
BIDS WERE RECEIVED AND OPENED IN THE OFFICE OF THE CITY CLERK AT 10:00 A.M.,
TODAY, OCTOBER 10, 1966.
BIDDER TOTAL
C. E. HURLEY CONTRACTING CORP. $ 51, ODO
GARDEN GROVE
J. HUBBS & SONS: $ 65,400
RIALTO
SULLY- MILLER CONTRACTING CO. $ 67,8DO
ORANGE
GRIFFITH COMPANY $103,800
COSTA MESA
THE LOW BID IS 22.8% LESS THAN THE ENGINEERS ESTIMATE OF $66,000.00.
THE CONTRACT WORK PROVIDES FOR THE TRANSFER OF APPROXIMATELY 60,000 CUBIC
YARDS OF BEACH SAND FROM THE BALBOA OCEAN BEACH AREA TO THE WEST NEWPORT OCEAN BEACH
BETWEEN 36TH AND 44TH STREETS.
THE CONTRACTOR PROPOSES TO HAUL THE SAND ALONG THE BEACH AS WAS DONE LAST
YEAR RATHER THAN ALONG THE ALTERNATE BALBOA BOULEVARD HAUL ROUTE.
THE ESTIMATED DATE OF COMPLETION OF THE CONTRACT IS NOVEMBER 14, 1966.
A BUDGET AMENDMENT IN THE AMOUNT OF $56,000 HAS BEEN PREPARED FOR COUNCIL
CONSIDERATION. THE CONTINGENCY AMOUNT WILL PROVIDE FOR ANY OVERAGE IN THE AMOUNT OF
MATERIAL TRANSFERRED, AND COULD ALSO PROVIDE FOR EXTRA BEACH PATROLS BY CITY PERSONNEL
IF NEEDED.
COUNCIL:
-G G
JOSEPH T. DEVLIN DIIISSPOSIT10N: i
P�1BL IC KS DIRECTOR 1Wt�
MJA:VR rA_
ATTEST 1T�OO OOPENING OF BIDS:
LAURA LAG 103 -ACTIN ACITIERK,
Z +--�
A'57e�s3 a
CITY OF NEWPORT BEACH
October 7, 1966
To: City Clerk
From: City Attorney
e. U ..
Subject: Resolution awarding contract for the sand replenish-
ment of West Newport Ocean Beach (Second Contract - 1966)
(Contract No. 1070)
Attached is subject resolution. We understand from Public Works
bids are to be received on Monday, October 10, and we have left
blank spaces in the resolution for the successful bidder and
the amount.
This is for Council consideration at their meeting on October 10.
Tully H. Seymour
City Attorneyy/�
By ti4/QrfLfl 10,_z ___/
GeorgelD. Roberts a
Assistant City Attorney
GDR :aem
Attachs.
cc - City Manager
Public Works Director
,,AEG *L N®TWE
• CITY OF NEWPORT BEACH, •
a.m., on the M. It day omVUClo-
ber, 19666 at which HmWOey
will be jablicly opened'.d
read, for :performing I 'or
[:ns
follows: �1,,
SAND REPLENISHMENT
WEST NEWPORT 0CE
BEACH (SECOND CONTRAC,
— CONTRACT NO. 1070)
No bid will he received, un-
less it. is'imade on .a proposal
form fumiAhed by the Public
Works Department. Each bid
most be accompanied by' ash,
certified check, or et's
bond made payable to , ity
of Newport Beach, an
amount equal to at 1' 10
percent of the amount bi.
in the sealed bids
'ddire 'cornpletios' and
vau.
3 - Designs on of
tore
4 - Bidder's •Bond
9; - Non-collision
10 - Contra'ctor's
Thib�' documents shall be of-
fixe-�irith the appropriate and
corAill sigaatares and seals
of tt"orporatiop partnership,
joint'19fnture andd /or individual.
In accardance with the provi-
sions of"Sectioq. 1770 of the
Labor Code, the City Council
of the City of Newport Reach
has ascertained the general
prevailing rate of per diem
wages in the locality in which
the work is to be performed fort
each craft or type of workman
or mechanfe needed to execute
the contract and is set forth in
Resolution No. 6256. A cop
yy
of said Resolutio ', is avail-
able in the office I the City
Clerk in the City of Newport
Reach.
All bids are to hie; compared
n the s of th Engineer's
stimate'M the quantities of
` rk to be done.
Flo bid will be accepted from
a Contractor who has not been
licensed in accordance with
the provisions of Chapter 9,
Division III oV Rusiness aild
Professions' Cody.
Plans and ecifications,
forms of propos bonds, and
contract may be'xiobtained at
the Public Work apartment,
City Hell, Nert Reach,
California.
A non - refundable ".,charge of
$2.00 will be required for
each set of Standard 5 ecifi-
cations. A refundable deposit
of $5.00 will be required for
each set of plans, special
provisions, and contract
documents. Upon return of
the set of plans, special pro-
visions, and coutract docu-
ments to Public Works
Department, 1 $5.00 de-
oosit will.: aded by mail.
60 � %fter award
The Newport Beach
reaer0e righf. -fo rf]ect
any or s aod` to vr8ive
any iaf' in such bids.
CITY OF N*PORT BEACH,
CALIFORNIA
s,_ eara Lagios,
J�cting City Clerk
Publish: Sept. 29, 1966, in
The Newport Harbor Ensign
��
i'
N
Z
m
m
m
}'
:�
.. f
i
9
CONTRACT NO. 1070
CITY OF NEWPORT BEACH
Im ni
CONTRACT DOCUMENTS
FOR
SAND REPLMSHMIENT OF WEST NEWPORT OCEAN BEACH
(SECOND CONTRACT)
1966
A5,PRCVED BY THE CITY COUNCIL ON THIS
46rH DAY ar SrprEmBER,, /9G6
LAURA (LA Ci,1OSS ACT G CITY CLERK.
NOTICE TO BIDDERS:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS
FOR
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH
(SECOND CONTRACT)
1966
ADDENDUM NO. I
PLEASE REVISE THE PLANS AND SPECIFICATIONS AS FOLLOWS:
DELETE THE FIRST SENTENCE OF PARAGRAPH NO.'1,, ITEM B,, SECTION VI OF THE SPECIAL
PROVISIONS WHICH READS AS FOLLOWS.
"THE CITY WILL REMOVE EXISTING STOP SIGNS AT NEWPORT BOULEVARD AND
36TH STREET TO ENABLE A CONTINUOUS EASTBOUND NO —STOP TRIP BETWEEN
THE BORROW AND FILL SITES."
IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO DETERMINE WHERE UNIFORMED
FLAGMEN WILL BE REQUIRED AND INCLUDE THE COST OF "FLAGMEN IN THE UNIT PRICE BID
FOR SAND EXCAVATION,, AS DESCRIBED IN SAID PARAGRAPH.
PLEASE CONTACT MICHAEL ANDERSON OF THE PUBLIC WORKS DEPARTMENT AT 673 -2100, IF
A PRE —BID CONFERENCE IS DESIRED IN ORDER TO WORK OUT THE DETAILS OF YOUR
OPERATION BEFORE SUBMF TING YOUR PROPOSAL.
4
PLEASE SHOW DATE OF RECEIPT OF THIS ADDENDUM ON THE PROPOSAL SHEET,, OR INDICATE RECEIPT
BY INSERTING A'COPY OF THIS ADDENDUM WITH YOUR PROPOSAL.
A-ao.� Z,
BENJAMIN B. NOLAN
,CITY ENGINEER
9/30/66
PROPOSAL FOR CONTRACT NO. 1070
TO THE HONORABLE CITY COUNCIL
CITY OF NE WPORT BEACH
CALIFORNIA
THE UNDERSIGNED DECLARES THAT HE HAS CAREFULLY EXAMINED THE LOCATION OF THE PRO-
POSED WORKS THAT HE HAS EXAMINED THE PLANS AND SPECIFICATIONS FOR CONTRACT N0. 1070,
AND HEREBY PROPOSES TO FURNISH ALL EQUIPMENT AND MATERIALS AND DO ALL WORK REQUIRED TO
COMPLETE THE WORK IN ACCORDANCE WITH SAID PLANS THE STANDARD SPECIFICATIONS OF THE
CITY OF NEWPORT BEACH, AND THE SPECIAL PROVISIONS, AND THAT HE WILL TAKE IN FULL
PAYMENT THEREFOR THE FOLLOWING UNIT PRICES FOR EACH ITEM COMPLETE IN PLACE, TO WIT:
ESTIMATED
ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL
N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1 60,000 SAND EXCAVATION
CUBIC
YARDS @ ./ DOLLARS
AND
C A:& � ye CENTS
PE4 CUBIC YARD
TOTAL PRICE WRITTEN IN WORDS
l" IQL �Cl Q t1 :Lh 0 If S n DOLLARS
— / f AND
A o' ,r CENTS
,p ddet�u
0
ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORK
AS INDICATED IN THIS PROPOSALS TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER., IN CASE
OF A DISCREPANCY BETWEEN WORDS AND FIGURESO THE WORDS SHALL PREVAIL- IN CASE OF AN ERROR
IN THE EXTENSION OF A UNIT PRICES THE CORRECTED EXTENSION SHALL BE CALCULATED AND THE BIDS
WILL BE COMPUTED AS INDICATED ABOVE AND COMPARED ON.TME BASIS OF THE CORRECTED TOTALS.
THE ESTIMATED QUANTITIES OF WORK INDICATED IN THIS PROPOSAL ARE APPROXIMATE ONLY
BEING GIVEN SOLELY AS A BASIS FOR COMPARISON OF BIDS. .
THE UNDERSIGNED HAS CHECKED CAREFULLY ALL OF THE ABOVE FIGURES AND UNDERSTANDS THAT
THE CITY WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE PART OF THE UNDERSIGNED
IN MAKING UP THIS BID-
THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT
WITH NECESSARY BONDS WITHIN TEN (10) DAYS, NOT INCLUDING SUNDAYS AFTER HAVING RECEIVED
NOTICE THAT THE CONTRACT IS READY FOR SIGNATURE) THE PROCEEDS OF CHECK OR BOND ACCOMPANY-
ING THIS BID SHALL BECOME THE PROPERTY OF THE CITY OF NEWPORT BEACH.
LICENSED IN ACCORDANCE WITH THE STATUTES OF THE STATE OF CALIFORNIA PROVIDING FOR
THE REGISTRATION OF CONTRACTORS LICENSE NO. - ?p';J I/ J - 5'
ACCOMPANYING THIS PROPOSAL IS NIOCIlkj yW w�
CASH. CERTIFIED CHECKS CASHIER'S CHECK OR BOND
IN AN AMOUNT NOT LESS THAN 10 PERCENT OF THE TOTAL SID.PRICE.
537- 9c370
PHONE NUMBER
DATE i24 6-
C. HURLEY CONTRACTING CORP.
11541 WESTMINSTER BLVD.
r.ARF)FN (;RC1VF' ('AI I RSA
BIDDERS ADDRESS
C. E. HURLEY CONTRACTING CORP.
IDDER's NAME
(SEAL)
AUTHORIZED 5 IGN40RE - -
AUTHORIZED SIGNATURE
CDC
TYPE OF ORGANIZATION -
,(INDIVIDUAL) CORPORATIONy CO- PARTNERSHIP)
y
LIST BELOW NAMES OF PRESIDENTS SECRETARY, TREASURER AND MANAGER IF A CORPORATION
AND NAMES OF ALL CO- PARTNERS IF A CO- PARTNERSHIPS
C E. HURLEY CONTRACTING CORP.
(°. fo 'urlPq - �rQI- kma
PAGE 3
DESIGNATION of SUB - CONTRACTORS
THE UNDERSIGNED CERTIFIES THAT HE HAS USED THE SUB -BIDS OF THE FOLLOWING
LISTED CONTRACTORS IN MAKING UP HIS BID AND THAT THE SUB - CONTRACTORS LISTED
WILL BE USED FOR THE WORK FOR WHICH THEY BID, SUBJECT TO THE APPROVAL OF
THE CITY ENGINEER, AND IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE
SPECIFICATIONS. NO CHANGE MAY BE MADE IN THESE SUB - CONTRACTORS EXCEPT UPON
THE PRIOR APPROVAL OF THE ENGINEER.
ITEM OF WORK SUB - CONTRACTOR ADDRESS
I.
2.
3•.
4.
5
6.
7•
8.
9•
lo.
II.
C. E. HURLEY CONTRACTING CORP.
B I DD6 IAME C'•� ...
AUTHORIZED SIGNATURE
TYPE OF ORGANIZATION
(INDIVIDUAL, COPARTNERSHIP OR CORPORATION)
C. E. HURLEY CONTRACTING CORP.
I15A7 WESTMINSTER BLVD.
GARDEN GROVE, CALIFORNIA
SS
r
s
0
NON- COLLUSION AFFIDAVIT
E
PAGE 9
THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESENT AT THE TIME OF
FILING THIS BIDS BEING DULY SWORN ON THEIR OATHS SAY) THAT NEITHER THEY NOR ANY
OF THEME HAVE IN ANY WAYS DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGEMENT 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 THEME 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 AF-
FIANTS OR EITHER OF THEM HAS NOT DIRECTLY OR INDIRECTLY ENTERED INTO ANY ARRANGE-
MENT 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 AT-
TACHED 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 CONTRACTOR FROM CONSIDERING ANY BID FROM ANY SUBCONTRACTOR OR MATERIAL -
MAN WHICH IS NOT PROCESSED THROUGH SAID BID. DEPOSITORY OR WHICH PREVENT ANY SUB-
CONTRACTOR OR MATERIALMAN FROM BIDDING TO ANY CONTRACTOR WHO DOES NOT USE THE
FACILITIES OF OR ACCEPT BIDS FROM OR THROUGH SUCH 610 DEPOSITORY; THAT NO INDUCE-
MENT OR ANY FORM OR CHARACTER OTHER THAN THAT WHICH APPEARS UPON THE FACE OF THE
BID WILL BE SUGGESTED, OFFERED, PAID OR DELIVERED TO ANY PERSON WHOMSOEVER TO
INFLUENCE THE ACCEPTANCE OF THE SAID BID OR AWARDING OF THE CONTRACT, NOR HAS THI5
BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVER WITH ANY PERSON
WHOMSOEVER TO PAY, DELIVER TOE 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 BY
THIS DAY OF
196 66.
MY COMMISSION EXPIRES:
r
F..'
JOYCE E. LOY
Nly Commission Expires April 30, 1968
C. E. HURLEY CONTRACTING CORP.
Ce &7�A - l��et-
NOTICE TO BBDDFRS:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS
FOR
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH
(SECOND CONTRACT)
1966
ADDENDUM NO. I
PLEASE REVISE THE PLANS AND SPECIFICATIONS AS FOLLOWS:
DELETE THE FIRST SENTENCE OF PARAGRAPH N0."I; ITEM B. SECTION VI OF THE SPECIAL
PROVISIONS WHICH READS AS FOLLOWS:
"THE CITY WILL REMOVE EXISTING STOP SIGNS AT NEWPORT BOULEVARD AND
36TH STREET TO ENABLE A CONTINUOUS EASTBOUND NO -STOP TRIP BETWEEN
THE BORROW AND FILL SITES."
IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO DETERMINE WHERE UNIFORMED
FLAGMEN WILL BE REQUIRED AND INCLUDE THE COST OF'FLAGMEN IN THE UNIT PRICE BED
FOR SAND EXCAVATION; AS DESCRIBED IN SAID PARAGRAPH.
PLEASE CONTACT MICHAEL ANDERSON OF THE PUBLIC.WORKS DEPARTMENT AT 673 -21uO; IF
A PRE -BID CONFERENCE 05 DESIRED IN ORDER TO WORK OUT THE DETAILS OF YOUR
OPERATION BEFORE SUBMITTING YOUR PROPOSAL.
PLEASE SHOW DATE OF RECEIPT OF THIS ADDENDUM ON THE PROPOSAL SHEET; OR INDICATE RECEIPT
BY INSERTING A'COPY OF THIS ADDENDUM WITH YOUR PROPOSAL.
BENJAMIN B. NOLAN
CTTY ENGINEER
9/3o/66
Proposal or Bid Bond Bond No.
INSURANCE COMPANY
of Glens Palls. New Yock Premium $
KNOW ALL MEN BY THESE PRESENTS:
That C. E. HURLEY CONTRACTING CORPORATION
11541 Westminster Boulevard
Garden Grove, California
(hereinafter called the Principal) as Principal, and the GLENS FALLS INSURANCE COMPANY, a corporation created
and existing under the laws of the State of New York, with its principal office at Glens Falls, New York (hereinafter
called the Surety), as Surety, are held and firmly bound unto
CITY OF NEWPORT BEACH, CALIFORNIA
(hereinafter called the Obligee), in the full and just sum of
10% of the amount bid Dollars ($ ),
good and lawful money of the United States of America, to the payment of which sum of money well and truly to be
made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal herein is submitting a proposal for
SAND REPLENISHMENT OF WEST NEWPORT
OCEAN BEACH, SECOND CONTRACT #1070
NOW, THEREFORE, if the bid or proposal of said Principal shall be accepted, and the contract for such work be
awarded to the Principal thereupon by the said Obligee, and said Principal shall enter into a contract for the completion
of said work and furnish bonds as required by the contract and specifications, or the call for bids, or by law, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed, sealed and dated this 10th day October 19 66-.
C. E. HURLEY CONTRACTING CORPO% -' OId_
Principal
LIENS FALL'S INSURANCE COMPANY
Form 1024c Carl R. Armstrong At
State of
ss.
-------- --- --.- County o£. - °91'21199- .--- -- ---- ---- - -----
W7�11 HARDIN
NOTACALIFORNIA PRFICE I N UNTY
On this... lOth.._...... .....day of ........... QCtober ---------------- in the year
One Thousand Nine Hundred and ........ y —S
Sixt iX before me,
------------- - - - - -- -Wilma E. Hardin ..---- ..., - - -..a Notary Public
in and for the said ----- ------------------------------- County of ..... Orange -
Tesiding therein, duly commissioned and sworn, personally appeared ------------
Carl R. AYmtr.orig
......... . -... ------------------------------- known to me to be the
ATTORNEY
of the GLENS FALLS INSURANCE COMPANY, the
Corporation that executed the within instrument, and known to me to be the
person wbo executed the said instrument on behalf of the Corporation therein
named and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the County of...... Orange E the d y and year in
this certificate first abovew:!rt .�%� .' ---'---...---'- -..., -- --
Notary Public in and for the----- ------- -- ------ ----County of
-------- .- Orange ------------------------------- State of Calif.
WILMA E HARDIN My commission expires --------------- .----------------------------------
My Cammlaiam Expiru April 26,1%9
CITY OF NEWPORT BEACH, CALIFORNIA
NOTICE OF INVITING BIDS
SEALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE CITY CLERK, CITY HALL, NEWPORT
BEACH, CALIrORMIAj UNTIL IOtOO A.M. ON THE IOTM DAY OF OCTOBER, 1966, -AT WHICH TIME
THEY WILL BE PUBLICLY OPENED AND READ, FOR PERFORMING WORK AS FOLLOWS:
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH
(SECOND CONTRACT - CONTRACT NO.. 1070)
NO Bt0 WILL BE RECEIVED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC
WORKS DEPARTMENT. EACH BID MUST BE ACCOMPANIED BY CASH, CERTIFIED CHECKS OR BIDDER'S
BOND MADE PAYABLE TO THE CITY OF NEWPORT BEACH, FOR AN.'AMOUNT EQUAL TO AT LEAST 10 PERCENT
OF THE AMOUNT HID.
THE DOCUMENTS INCLUDED WITHIN THE SEALED BIDS WHICH REQUIRE COMPLETION AND EXECUTION
ARE THE FOLLOWING:
1. - PROPOSAL
2. PAGE 3 - Dm ONATION OF SUB - CONTRACTORS
3. PAGE 4 - BIDDER'S BOND
PAGE 9 - NON - COLLUSION AFFIDAVIT
�. PABCIO - CONTRACTOR'S FINANCIAL STATUS
THE DOCUMENTS SMALL BE AFFIXED WITH THE APPROPRIATE AND CORRECT SIGNATURES AND SEALS OF
THE CORPORATION, PARTNERSHIPS JOINT VENTURE AND/OR INDIVIDUAL.
IN ACCORDANCE WITH THE PROVISIONS OF SECTtOM 1770 OF THE LABOR Coot, THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH HAS ASCERTAINED THE GENERAL PREVAILING RATE OF PER DIEM
WAGES IN THE LOCALITY IN WHICH THE WORK IS TO BE PERFORMED FOR EACH CRAFT OR TYPE OF
WORKMAN OR MECHANIC NEE000 TO EXECUTE THE CONTRACT AND 18 SET FORTH IN RESOLUTION N0. 6258.
A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE CITY CLERK IN THE CITY OF
NEWPORT BEACH..
ALL SIDS ARE TO BE COMPARED ON THE BASIS OF THE ENa1NEER'S ESTIMATE OF THE QUANTI-
TIES OF WORK TO BE DONE.
NO BID WILL BE ACCEPTED FROM A CONTRACTOR WHO HAS NOT BEEN LICENSED IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTER 9, DIVISION III OF BUSINESS AND PROFESSIONS' CODE.
PLANS AND SPECIFICATION-J, FORMS OF PROPOSAL, SONDE, AND CONTRACT MAY BE OBTAINED AT
THE PUBLIC WORKS DEPARTMENT, CITY HALL, NEWPORT BEACH, CALIFORNIA.
A NON - REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF STANDARD SPECIFICATION>�
A REFUNDABLE DEP041T OF $5- OO.WILL BE REQUIRED FOR EACH SET OF PLANS, SPECIAL PROVISION$, AND
CONTRACT DOCUMENTS. UPON RETURN OF THE SET OF PLANS, SPECIAL PROVISIONS, AND CONTRACT
DOCUMENTS TO THE PUBLIC WORKS DEPARTMENT, THE $5.00 DEPOSIT WILL BE REFUNDED BY MAIL. NO
REFUNDS WILL BE MADE LATER THAN 60 DAYS AFTER AWARD OF BID.
THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY.OR ALL 8103 AND TO WAIVE
ANT,INFORMALITY IN SUCH 8103.
CITY OF NEWPORT BEACH, CALIFORNIA
LAURA.LAGIOS, ACTING CITY CLERK
PROPOSAL FOR CONTRACT NO. 1070
TO THE HONORABLE CITY COUNCIL
CITY OF NE WPORT BEACH
CALIFORNIA
THE UNDERSIGNED DECLARES THAT HE HAS CAREFULLY EXAMINED THE LOCATION OF THE PRO-
POSED WORK, THAT HE HAS EXAMINED THE PLANS AND SPECIFICATIONS FOR CONTRACT NO. 1070,
AND HEREBY PROPOSES TO FURNISH ALL EQUIPMENT AND MATERIALS AND DO ALL WORK REQUIRED TO
COMPLETE THE WORK IN ACCORDANCE WITH SAID PLANS THE STANDARD SPECIFICATIONS OF THE
CITY OF NEWPORT BEACH, AND THE SPECIAL PROVISIONS AND THAT HE WILL TAKE IN FULL
PAYMENT THEREFOR THE FOLLOWING UNIT PRICES FOR EACH ITEM COMPLETE IN PLACE, TO WIT:
ESTIMATED
ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1 60,000 SAND EXCAVATION
CUBIC
YARDS @ D//L �� Q�•nI DOLLARS $ U % $ 6/do,pO
AND
CENTS
PER CUBIC YARD
TOTAL PRICE WRITTEN IN WORDS
DOLLARS
AND
jE !�jBe7 CENTS
s
hod 0 4
ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN OTIMATED QUANTITIES OF WORK
AS INDICATED IN THIS PROPOSALS TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER., IN CASE
OF A DISCREPANCY BETWEEN WORDS AND FIGURESp THE WORDS SHALL PREVAIL- IN CASE OF AN ERROR
IN THE EXTENSION OF A UNIT PRICE'j THE CORRECTED EXTENSION SHALL BE CALCULATED AND THE BIDS
WILL BE COMPUTED AS INDICATED ABOVE AND COMPARED ON..TME BASIS OF THE CORRECTED TOTALS.
THE ESTIMATED QUANTITIES OF WORK INDICATED IN THIS PROPOSAL ARE APPROXIMATE ONLY
BEING GIVEN SOLELY AS A BASIS FOR COMPARISON OF BIDS,
THE UNDERSIGNED HAS CHECKED CAREFULLY ALL OF THE ABOVE FIGURES AND UNDERSTANDS THAT
THE'C1TY WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE PART OF THE UNDERSIGNED
IN MAKING UP THIS BID.
THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT
WITH NECESSARY BONDS WITHIN TEN (10) DAYS NOT INCLUDING SUNDAY) AFTER HAVING RECEIVED
NOTICE THAT THE CONTRACT IS READY FOR SIGNATURES THE PROCEEDS OF CHECK OR BOND ACCOMPANY-
ING THIS BID SHALL BECOME THE PROPERTY OF THE CITY OF NEWPORT BEACH.
LICENSED IN ACCORDANCE WITH THE STATUTES OF TH ST
THE REGISTRATION OF CONTRACTORS LICENSE N0.
ACCOMPANYING THIS PROPOSAL IS
1
(GASH) - CERTIFIED GHECKy
IN AN AMOUNT NOT LESS THAN 10 PERCENT OF THE TOTAL BID.PRICE.
7/ 811'7- 1E7 V
PHONE NUMBER
o1= � (01 �
DATE 1
Vtoa w. :C : \ vs'Vde
V.
BIDDERI Y ADDRESS
IM
OF CALIFORNIA PROVIDING FOR
CASHIERS CHECK OR FOND 7
!IDDER'S NAME
(� � (SEAL)
UTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
TYPE OF ORG N ZATION
(INDIVIDUAL, CORPORATION, CO- PARTNERSHIP)
LIST BELOW NAMES OF PRESIDENTI'SECRETARY, TREASURER AND MANAGER IF A CORPORATION�'�
AND NAMES OF ALL CO- PARTNERS IF A CO- PARTNERSHIPS
i
Ll
DESIGNATION OF SUB - CONTRACTORS
0 PAGE 3
THE UNDERSIGNED CERTIFIES THAT HE HAS USED THE SUB -BIDS OF THE FOLLOWING
LISTED CONTRACTORS IN MAKING UP HIS BID AND THAT THE SUB - CONTRACTORS LISTED
WILL BE USED FOR THE WORK FOR WHICH THEY BID, SUBJECT TO THE APPROVAL OF
THE CITY ENGINEERy AND IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE
SPECIFICATIONS. NO CHANGE MAY BE MADE IN THESE SUB - CONTRACTORS EXCEPT UPON
THE PRIOR APPROVAL OF THE ENGINEER.
ITEM OF WORK SUBCONTRACTOR ADDRESS
2.
3•:
7•
8.
9•
Io.
II.
12
_ la� JIv10)
TYPE OF ORGANIZATION
(INDIVIDUALy COPARTNERSHIP OR CORPCRATION)
:1
i
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
THAT WE,
PAGE 4
AS PRINCIPAL,
AND AS SURETY, ARE HELD
AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF
DOLLARS ($ ), LAWFUL MONEY OF THE UNITED
STATES FOR THE PAYMENT OF WHICH SUM WELL AND TRULY TO BE MADE, WE BIND OURSELVES,
JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
THAT IF THE PROPOSAL OF THE ABOVE BOUNDEN- PRINCIPAL FOR THE CONSTRUCTION OF -_
IN TIIE CITY OF NEWPORT BEACH, IS ACCEPTED BY THE CITY COUNCIL OF SAID CITY, AND IF THE
ABOVE BOUNDEN PRINCIPAL SHALL DULY ENTER INTO AND EXECUTE A CONTRACT FOR SUCH CONSTRUC-
TION AND SHALL EXECUTE AND DELIVER THE TWO (2) BONDS DESCRIBED IN THE "NOTICE INVITING
BIDS" WITHIN TEN (10) DAYS (NOT INCLUDING SATURDAY AND SUNDAY).FROM THE DATE OF THE
MAILING OF A NOTICE TO THE ABOVE BOUNDEN PRINCIPAL BY AND FROM SAID CITY OF NEWPORT
BEACH THAT SAID CONTRACT IS READY FOR EXECUTION, THEN THIS OBLIGATION SHALL BECOME NULL
AND VOID; OTHERWISE IT BE AND REMAIN IN FULL FORCE AND EFFECT, AND THE AMOUNT SPECIFIED
HEREIN SHALL BE FORFEITED TO THE SAID CITY. _
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, WE HEREUNTO SET OUR HANDS AND SEALS THIS DAY OF
19
CORPORATE SEAL (IF CORPORATION)
PRINCIPAL
(ATTACH ACKNOWLEDGEMENT OF
ATTORNEY IN FACT)
0
TITLE
SURETY
PAGE 5
LABOR AND MATERIAL BOND
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
IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI-
CATIONS AND OTHER CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY CLERK.
WHEREAS, SAID PRINCIPAL HAS EXECUTED OR IS ABOUT TO EXECUTE SAID CONTRACT AND
THE TERMS THEREOF REQUIRE THE FURNISHING OF A BONO 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 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, liE
AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND
AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF
DOLLARS ($
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 PERSON OR HIS SUBCON-
TRACTORS., 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 SPECI-
FIED IN THE BOND, AND ALSO, IN CASE SUIT IS BROUGHT UPON THE BOND, A REASONABLE
ATTORNEY 1S FEE, TO BE FIXED BY THE COURT, AS REQUIRED BY THE PROVISIONS OF SECTION
4204 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
•
LABOR AND MATERIAL BOND - CONTINUED)
PAGE C
THIS BOND SHALL INURE TO THE BENEFIT OF ANY AND ALL PERSONS, COMPANIES, AND CORPOR-
ATION ENTITLED TO FILE CLAIMS UNDER SECTION 1192.1 OF THE CODE OF CIVIL PROCEDURE
SO AS TO GIVE A RIGHT OF ACTION TO THEM OR THEIR ASSIGNS IN ANY SUIT BROUGHT UPON
THIS BOND, AS REQUIRED BY THE PROVISIONS OF SECTION 4205 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA.
AND THE 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
CONTRACTOR 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 ANn
SURETY ABOVE NAMED, ON THE DAY OF , 196
SEAL)
(SEAL)
(SEAL)
CONTRACTOR
(SEAL)
EAL)
(SEAL)
APPROVED AS TO FORM. SURETY
CITY ATTORNEY
THIS BOND WAS APPROVED BY THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH BY MOTION ON
ATE
ATTEST.
ITY I.LERK
PAGE 7
PERFORMANCE BOND
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
IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI-
CATIONS AND OTHER CONTRACT DOCUMENTS NOW 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 A BOND FOR THE FAITHFUL PERFORMANCE'OF
SAID CONTRACT;
NOW, THEREFORE, WE,
AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR", AND
AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF
DOLLARS
SAID SUM BEING EQUAL TO 50% OF THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID TO
THE SAID CITY OR ITS CERTAIN ATTORNEY, ITS SUCCESSORS, AND ASSIGNS; FOR WHICH PAY-
MENT, WELL AND TRULY TO BE MADE, WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND AD-
MINISTRATORS, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRE -
SENTSo
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, CONDITIONS
AND AGREEMENTS IN THE SAID CONTRACT AND ANY ALTERATION THEREOF MADE AS THEREIN PRO-
VIDED 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.
PAGE S
(PERFORMANCE BOND - CONTINUED)
AND SAID SURETY, FOR VALUE RECEIVED, HEREBY STIPULATES AND AGREES THAT NO CHANGE,
EXTENSION OF TIME, ALTERATION OR ADDITION 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 CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CON-
TRACT 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 ON ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY
FROM ITS OBLIGATIONS UNDER THIS DOND.
IN WITNESS WHEREOF, THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL AND
SURETY ABOVE NAMED, ON THE DAY OF , 196_
APPROVED AS TO FORM.
CITY ATTORNEY
CONTRACTOR
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
SURETY
NON- COLLUSION AFFIDAVIT
0
PAGE 9
THE BIDDERS BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESENT AT THE TIME OF
FILING THIS BID, BEING DULY SWORN ON THEIR OATHS SAYS THAT NEITHER THEY NOR ANY
OF THEM, HAVE IN ANY WAYS DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGEMENT 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 MONEYS OR HAS GIVEN OR IS TO GIVE TO SUCH
OTHER BIDDER OR PUBLIC OFFICER ANYTHING OF VALUE WHATEVER, OR SUCH AFFIANT OR AF-
FIANTS OR EITHER OF THEM HAS NOT DIRECTLY OR INDIRECTLY ENTERED INTO ANY ARRANGE-
MENT OR AGREEMENT WITH ANY OTHER BIDDER OR BIDDERSI WHICH TENDS TO OR DOES LESSEN
OR DESTROY FREE COMPETITION IN THE LETTING OF THE CONTRACT SOUGHT FOR BY THE AT-
TACHED 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 CONTRACTOR FROM CONSIDERING ANY 010 FROM ANY SUBCONTRACTOR OR MATERIAL -
MAN WHICH 15 NOT PROCESSED THROUGH SAID BID. DEPOSITORY, OR WHICH PREVENT ANY SUB-
CONTRACTOR OR MATERIALMAN FROM BIDDING TO ANY CONTRACTOR WHO DOES NOT USE THE
FACILITIES OF OR ACCEPT BIDS FROM OR THROUGH SUCH BID DEPOSITORY; THAT NO INDUCE-
MENT OR ANY FORM OR CHARACTER OTHER THAN THAT WHICH APPEARS UPON THE FACE OF THE
BID WILL BE SUGGESTED, OFFERED PAID, OR DELIVERED TO ANY PERSON WHOMSOEVER TO
INFLUENCE THE ACCEPTANCE OF THE SAID BID OR AWARDING OF THE CONTRACT, NOR HAS THIS
BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVER WITH ANY PERSON
WHOMSOEVER TO PAYS DELIVER TO, OR SHARE WITH ANY OTHER PERSON IN ANY WAY OR MANNERI
ANY OF THE PROCEEDS OF THE CONTRACTS SOUGHT BY THIS BID.
SUBSCRIBED AND SWORN TO BEFORE ME BY
THIS /C DAY OF
1966 .
MY COMMISSION EXPIRES:
NOTARY PUBLIC
BETTY JUNE LAMBETH
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
-- SAN BER NARD( COUNTY
My Commission Expires August 24, 197n
PAGE IO
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
TECHNICAL ABILITY AMID EXPERIENCE
(THE BIDDER IS REQUIRED TO STATE WHAT WORK OF A SIMILAR CHARACTER TO THAT INCLUDED
IN THE PROPOSED CONTRACT HE HAS SUCCESSFULLY PERFORMED AND GIVE REFERENCE WHICH
WILL ENABLE THE CITY COUNCIL TO JUDGE HIS RESPONSIBILITY, EXPERIENCES SKILL, AND
BUSINESS STANDING.)
THE UNDERSIGNED SUBMITS HEREWITH A STATEMENT OF HIS FINANCIAL RESPONSIBILITY.
THE UNDERSIGNED SUBMITS BELOW A STATEMENT OF THE WORK OF SIMILAR CHARACTER TO THAT
INCLUDED IN THE PROPOSED CONTRACT WHICH HE HAS SUCCESSFULLY PERFORMED.
L,A:ok (OIL
�l(3yck (PJJv (1—�yvc -e Gd5e_
-e e S I- s
I ED
1 j
'- -� FINANCIAL STATEMENT TO THE
•I
PACIFIC EMPLOYERS INSURANCE COMPANY G=
A MEMBER OF ' t
PACIFIC EMPLOYERS GROUP OF INSURANCE COMPANIES -✓ !,., "r:
NOME OFFICE - LOS ANGELES, CALIFORNIA
Don Hubbs dba Jesse Hubbs and Sors
Business Address .... West._Valleyl -.Ri Ito,_ California....--------------------------..- :------ -- -------------- __ - - - -_
strut City Stet.
STATEMENT OF ASSETS AND LIABILITIES AS OF_ ...... ..... ... %`$y...lx..
........ 19.66
Smart D.t.. Oth.rWi . et.tmt.t WHI be mturced.
This statement must be made up by Applicant, his or its Bookkeeper. Agents not allowed to do this.
Cash in Bank (as per Schedule " A") ......
._......
......
Notes Payable (as per Schedule "I ") -....
Cashon Hand __ ..... _ ...................... ..............
.............................._
(a) To Banks Regular--. ..... ... ...........
........ . ....... ............
............
Certified Checks deposited with bids..........
.........................
...........
(b) To Banks for Certified Checks..... ...............................
............
Stocks, Bonds, etc. (as per Schedule "B")
......... ...............................
(c) To Material Furnishers ...... ...._.........
........ ...............................
Accounts Receivable from completed
contracts, including retainage and ex-
(d) To Others (exclusive of equipment)
..._ .... ...............................
cluding claims not approved for pay-
ment (as per Schedule " C") ..... ...... . ....... ......
._34-f.25A „ --
.25 .....
Owing Sub - Contractors, Account of
Earned Estimates and Retaiaage on un-
Retained Percentage and Current Esti-
mates
completed contracts shown by Engi-
._._ ............... ..- ... ............................
......... ...............................
neers' or Architects' estimates (as per
Schedule "D ") ___ ... ..............................
6 000
... ...........1........
00
.........
Aecounte Payable (es Per Schedule "J ")....--
10 163.
............s........
28
...........
Other Accounts Receivable (as per
"
(�
(a) Not Past Due..
Schedule E„)-- ... ................ ....... ......
_.................
...
Notes Receivable (as per Schedule "F")
........... . ..... . .
...........
(b) Past Due .- ------ $ ------- __ .................. .
Materials in Stock not included in any
Payroll Taxes
- __.._;/Z'_ .................................
857
36
above value)--....
(Present ....._._ ...
....... ........_................
-._...
............
-- ...........................
...............................
(a) Available for
'
Contractsunder
_ .. ....................... ............... .... ------- .. ......... ....... ...
............. - ............
... ---------
way- ........ ___ $__........ ___ ....... ....
. ..... .
@) Other Materia ls $ ... .........._ .. ......
.... ..._ ........................................................................
...............................
Total Current Assets
._.._As.t150
54..
Total Current Liabilities
FIXED ASSETS
Equipment at Book Value (as per
„C..J-
77 771
86
Encumbrance on Equipment (as per
Schedule "G ")._...... ... _- ...._. _ ............ ..................._...........
I.l. 020
64._
Schedule -- - - - -.
Real Estate (as per Schedule " H")_... ......_...6.,,.TQCD...,.OA.....
p
Encumbrance on Real Estate (as per
E"H ")
Schedule
68 205
70 ,
(a) Used for Busi-
_._._.
ness— Value.._ $ ... ..........................
(b) Homestead—
All Other Liabilities ...........................:.. ....................t..........
30 867
86 -
............
Value ................ $..711.,!)Q..Q.QQ_
(c) Held as Invest-
ment— Value._. s_45..ODD..QQ...
.----.__ ....... - ..... - .................... - ........ .
All Other Assets (explain fully if credit
..._ ............. ..................-............................. ...............................
.
expected)
..... ... ....... ....
.. „-- _Z21000...
CD......
Capital Stock (paid up) if a corporation...........
...............................
Cash Valve insurance
...._.........._ .............. i................... e .__..............._.....
2,�i5S_
. .
Q�
Surplus and Undivided ProSta __.___.20...
Total Assets
206.,327.._
.4.Q......
I Total Liabilities
20`�� 377
4.0
r
1
CONTINGENT LIABILITIES
Are there any judgments, suits or claims pending against you?..., ... ... ............................... ...... I —- ........ ........
.... - ' ........... ............................... ...... ... - ...... ......... -- ....... ... ...... -- ........ - ....... .......... - ..........
Have any of your notes or accounts receivable, or retained percentages been assigned, pledged, sold or discounted?
.....AN ................... -... If so, explain fully ......... ........ ......... ..... -- ..........--- ...... ° .......................
............ ...... ..................... -...
Are you acting as surety or bondsman for others, or as indorser on their notes or accounts ?.... ffQ ...........................
.... ....... ...: .... .... .....
Are there any liens for labor or materials filed on any of your work anywhere? ..... ....... NQ ............. ...............................
-- ..- ---.......
Are you having any controversy with any one over any contract or payment of labor or materials on any contract?
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- - .......... ............................... ............................ .... ........ - ...... ............... ................. .. ...... ....... ................. ....... ......... ........ ...........
Have you any other contingent liabilities ? ......... .................:TO...... ............................................... ...............................
STATEMENT OF EARNINGS
For period beginning ......... __ ......... Januarg..lr.........., 196f?..., and ending.. ............ .....APr11.20.'-- ............11 19._66.
Gross income from contract work..... ...... ......................... ....... ........................° ° ............ $_66.,.5 :6.80........
' Gross income from all other sources...... ° ....... ........ .......... ...- ° - ..... ............ ......................
Total Income ...... _ ............................... $.............................
hxpenses of conducting business including Ronts, Insurance, etc ................... $ „k$r .7,Qti39....,,,
Salaries to Officers or Partners ................... .............. __ ....... ... ............................... $ ....................... ......
Dividends paid during yam -- ° --° ....................................... ... .................. ............. $_ ............... .......
.....
Federal Taxes actually paid during year ... .............. .... .............. ..... ___ ........... $........... °............
Reserve for Federal Taxes for current year ............... -...... ................. ................ $.... ........ .- ............ ..•
Total Expenditures ............................ $.48,370..30..._,,,.
` Net Profit or Loss ....... ---_.... ° --- ---•----- $ -17�5L 6, j. -...
If no provision has been made for Federal Taxes for current year, state estimated amount.... $ ..............................
r.
4.
SCHEDULE "A"
SCHEDULE "B"—STOCKS, BONDS, ETC.
Name of Secu rity
No.
she,.
Par
Value
Market Value
Dividend. Paid Past
Two Years
If Any Pledged. State to Whom
and for What PWPonG
A'ong..— ..........._......_.
..........uane.......
. . . ..........
....
--- — - --------
yes
. .....
..... ...... .
... =1
--226* * ----------
-------
�86
Forestry Service Z(� �ji D. Rental
----- _I . . . ....... —
926.20
-- 21,000 .0'-
0
yes
SCHEDULE "C "— ACCOUNTS RECEIVABLE FROM COMPLETED CONTRACTS
Amount
When Do.
In It Good?
Pro. Who. Due (Name nod Add,.)
Nature ( c..tft't
Amount of Cmotraet
. . . .
..........uane.......
------
yes
. .....
..... ...... .
... =1
--226* * ----------
-------
�86
Forestry Service Z(� �ji D. Rental
----- _I . . . ....... —
926.20
-- 21,000 .0'-
0
yes
3�1,.L�Q
s
E. Anderson .1 zquip. Rental
nL.
. ... .... . ..... - i . . .
'R
3,135-00
. . ...... . ...........
610.00
:10
Yes
I
51��atch 'ont. El 1,-� E
(Ln i Rental
-Kedlands Farmipg,Rellp, .-K?
Ecuip. Rental
5.813.75
610 00___._
SCHEDULE "D "— EARNED ESTIMATES AND RETAINAGE ON UNCOMPLETED CONTRACTS
C.,..t Earned
Estimator
Ret aimetEaned
and Withheld
Designation of Contract and Name and Address
From At. Do.
Amount of
Contract
Entm.tan
Paid to Date
:::�DO
. . . .
..........uane.......
------
. ... ......
... =1
�86
-- ---------
. .....
SCHEDULE "E"—OTHER ACCOUNTS RECEIVABLE
Amount When Due I Par What In It Due? I I. It Good? I Mo. &.4 Addron, of Party From Whom Due
SCHEDULE "F"—NOTES RECEIVABLE
Amount When Dan For What Due I How Secured I Name and Ada, of Party from Whom Do.
SCHEDULE "G"—EQUIPMENT
Quantity
Deauriptiom and capacity of Items
Age of
Items
Pumbaeo Price
D
Book V.I.
E.etumbreace
65 FQrd P,
. ... ......
... =1
�86
-- ---------
. .....
. ....... ..
.......
. .... ..... ... ...........
309..68..—
-- ---- i.TAWA
------ ---------
*-`
`
� 8CllEI}lI[E^'II'�^'GEAL ESTATE
I,onwtlon and Deutiption, of PropaM
In Wh... Name
h Title?
What Renta
Pe, Mouth
Patent Ported
"no Value
Amount of
Mortzage
20
95
Shell 0J.1
SCHEDULE '/l'�-NOTE3PAYABLE
Atuount blanu, and Address of Party to Whom Payable I For What Pu�000 I What Souflty When Due
SCHEDULE "X"~AOCOlNT&PAYABLE
Amo=t
Nana. and Ad&een of Party to Who. Payable
F.� What?
Data of Pumhas.
Dam Eapeot 0 Pay
20
95
Shell 0J.1
12q
22
Ric�Xield
4o
78
SQuire 7-umber Co., Colton
ies
it
2,11.0
40
Paul Hubbs Const. Colton
if
11
603
00
Jay Fulbbs, Colton
it 11
it
It
it
IF CORPORATION ANSWER THESE QUESTIONS
When Incorporated ....... ......... ` ... ....... ................. Io what State incorporated, ..... ............... --------- .--......................
Authorized Capital $ ..... ......... ............ Subscribed Capital %................ ......... Capital Paid bzCash ............................
mom�mvmw�wmo�,*^m \ | u�odlrom.^^m,nm*murmt**mv.�^wmm`
Secretary
Has the corporation or any of its officers ever failed in business?.._... --- ...... ..If so, give particulars
Are any of the above officers engaged in any other line of business?-. .... _ ................................ if so, give particulars.
IF A ANSWER THESE QUESTIONS
Has the firm or any member of the firm ever failed in business? .......................................... If so, give particulars.
Are there any judgments, suits or claims against the firm or any of its membersl ............................ ...................... I[
so, give particulars ................. ................... ................................. .................... ................................ ...... ...............................
Are any of the firm members engaged in any other line of business? .................................... If to, give partieulars.
-^~-- ----------- -------- ------- -------- ~ ------ - .............. --...... ......... ...... .... .......... ` .... ..... -
^SopurwtegaCmnen(oubulbe fiDedout and signed by each member ^Jthe finoshowing his individual assets and
liabilities exclusive of his interest bu the firm's business.
Are you engaged in any other lines of buginess? ...... 1�2 ---------- ......... I ............... ...... --------------------------- -------
Have you ever failed in business or compromised with creditors? ..... id-o -------------- ........................ ............................
Has any surety company ever paid a loss on you as an individual, or if a firm on any of the firm members,
or if a corporation on any of the officers?.- ..-- ......... ....... .....If so, state name of surety company and give full
Have you ever defaulted on a contract?... ------ FO ---- -------------------------------------------------------------------------------------------- *** --------------
If you have furnished bonds before give names of your sureties ................... ............................... ........... -----------------
... — ............................. ......... ................ I ......... I ......... ---• -- °-° .......................- °- - ° ° ° °---- ................................ ....................
Have you any established credit lines at banks? ..... Y.qS.. ....... ...... .....If so, state amount, $_ 5=000.00- ....•____.__•___.___.
Name and address of banks ...... Awlll:..-PL 9A:Ki.f ......... ....... I ........................ ........ -------------
Advise what security banks require.......- o0e
............... ....... • ................................. ....... I ........................................ -------
State whether you are at this time Discounting your bills, paying in 30 to 60 days, or more... —. ,,0- .d- 2;ys ...........
Are you paying any bills by Notes? -- ---- i0------ ........... .... °- - °---° ......................................... .................. -----------------------
Do you have your books periodically audited by a certified public accountant?.—.79S.• ................. ........................
If so, give name of accountant and date of last audit.... ....................................
ADVISE FULLY REGARDING INSURANCE CARRIED
LifeInsurance ................. ............................................. ................ ............... ...... - ............. .......... ............ $- ------------ ......... ...
A.n.t On whom Haled To whom DW.ble Company Wuhiz Cash Surrender v.E..
FireInsurance .............................................................. .......... ...............................- - °- ------ - -- --- --- -- ---- ° °--- - °--- -........ ..........
Amnett On what carried company i--ninz
Workmen's Compensation and/or Liability Insurance ......... .............................. ........ ................................. . . ....
i4miu In what company
Other Insurance—State amount, character of insurance and companies issuing
GIVE NAMES OF CONCERNS FROM WWCff YOU 13UY I ADDRESS CITY STATE
For the purpose of inducing the PACIFY
other writings obligatory in the nature there.(
security to the full amount thereof, the undw
as a true and accurate statement of the under,
the foregoing interrogatories are true. The A
promptly of any change that materially redu(
mental financial statements or other informal
PANY. The undersigned hereby authorize(s)
be deposited or from which moneys may be
requested by it, the amount of such deposits
or corporation is hereby authorized to furnisl
concerning any transaction with the undersig
the foregoing statement and any information
reinsurance or co-insurance.
Witness:- _ ............... ..•- .........................
Attest:
ime to time as
st(s) any or all
to advise the)
ns: and any de]
1; and the PACIFIC E
deh it now has, or may
IF INDIVIDUAL
ONCE COMPANY to issue or procure the issuance of bonds and
)rocuring credit from time to time without depositing collateral
IFIC EMPLOYERS INSURANCE COMPANY the foregoing
as of the date given and hereby represents) that the answers to
;ify the PACIFIC EMPLOYER INSURANCE ANCE COMPANY
iary financial responsibility, and to furnish additional or supple,
quired by the PACIFIC EMPLOYERS INSURANCE COM-
epositories or banks in which any funds of the undersigned may
IF CO-PARTNERSHIP Sign Here:
KAN UE QQMrAN X may rurnisit copies oi:
other companies for the purpose of securing
.............. -1 ............................. ....... I ........... I .........
(Name of Firm)
.............................................. -- .....- -:........Member of Firm
.......................... ....................................... Member of Firm
.. ...... . . ..... . ... ...... -
(Individually - and - a , p s - Co- , " at , tner " s) -------- Member of Firm
IF CORPORATION Sign Here:
Secretary
Subscribed and Sworn to before me
A. D., 19 .............
(Name of Corporation)
LZ
President
I
................... I ............ ....... ................................ ------- ....... ......
Notary Public *
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Cont. 4
PACIFIC EMPLOYERS INSURANCE COMPANY
A MEMBER OF
PACIFIC EMPLOYERS GROUP ( OF INSURANCE COMPANIES
HOME OFFICE - LOB ANGELES, CALIFORNIA
BID BOND
Bond No. 01 -R -91436
KNOW ALL MEN BY THESE PRESENTS:
That SESSF. HIIRRR ,C- SnNS
(hereinafter called the Principal)
as Principal, and the PACIFIC EMPLOYERS INSURANCE COMPANY, a corporation created and existing under the laws of the State of California,
with its principal office in the City of Los Angeles, California (hereinafter called the Surety) as Surety, are held and firmly bound unto
CITY OF NEWPORT REACH
(hereinafter called the Obligee),
in the fun and just sum of Ten Percent (10M) of total amp cat hid
Dollars
(� ), good and lawful money of the United States of America, to the payment of which sum of money well and truly to be
made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. -
Signed, sealed and dated this 10th day of flr.tnhar AD., 19-66,
THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Oblige* shall make any award to the Principal for
Sand Replenishment of West Newport Ocean Rr+ach_
(Second Contract, Contract # 1070.)
according to the terms of the proposal or bid made by the Principal therefor, end the Principal shall duly make and enter into a contract with the
Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof with the PACIFIC
EMPLOYERS INSURANCE COMPANY, as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure
so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this
obligation shall be null and void; otherwise it shall be and remain in full force and effect.
In Testimony Whereof, the Principal and Surety have caused these presents to be duly signed and sealed.
WITNESS: qoNq (Seal)
,q� //� n (seal)
f Indivisfival or Firm)
ATTEST, (Seal)
Principal
(If Corporation)
PACI OTE /SUCE OAVA NY
H. L, Sevison Altorney -m -Fact'
STATE OF CALIFORNIA
ss.
COUNTY OF ina AngalaR
On this 10th day of Octobor 19 6f L, before me
Helen nick o Notary Public, in and for the County and
State aforesaid, residing therein duly commissioned and sworn, personally appeared
H. L. Sevison
known to me to be the Attorney4n.Facl of Pacific Employers Insurance Company, the Corporation
that executed the within instrument and also known to me to be the person who exeuted a within
— ..... - ••..... """""" "' "" :nyrumenl on behalf of Me Corporation therein named and acknowled, d to NN I su Cerporo-
! OFFICIAL SEAL I`
HELEN SICK t:o executed the same.
NOTARY : UHLIC - CALIFORNIA P
PRINCIPAL OFFICE IN j
LOS ANGELES COUNTY Nary Public in and for the State of California, County of T A 7 a
HELEN DICK
Cont. 4 3M -64 my MITI on twres Novembor 191 I56,
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PROPOSAL FOR CONTRACT NO. 1070
TO THE HONORABLE CITY COUNCIL
CITY OF NE WPORT BEACH
CALIFORNIA
THE UNDERSIGNED DECLARES THAT HE HAS CAREFULLY EXAMINEO THE LOCATION OF THE PRO-
POSED WORKI THAT HE HAS EXAMINED THE PLANS AND SPECIFICATIONS FOR CONTRACT NO. 1070,
AND HEREBY PROPOSES TO FURNISH ALL EQUIPMENT AND MATERIALS AND DO ALL WORK REQUIRED TO
COMPLETE THE WORK IN ACCORDANCE WITH SAID PLANS) THE STANDARD SPECIFICATIONS OF THE
CITY OF NEWPORT BEACH, AND THE SPECIAL PROVISIONS, AND THAT HE WILL TAKE IN FULL
PAYMENT THEREFOR THE FOLLOWING UNIT PRICES FOR EACH ITEM COMPLETE IN PLACE, TO WIT:
ESTIMATED
ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1 60,000 SAND EXCAVATION
CUBIC
YARDS @ pn/e DOLLARS $/ -L-3
AND
%h /r fL°G Ij CENTS
PER CUBIC YARD
TOTAL PRICE WRITTEN IN WORDS
Sixr(J se✓o y Th�vj e��r /�i/�t 1,7uwdre o' DOLLARS
—� AND
CENTS $ '17 goo-60
S LY- [�ILI�E
P 0 5 T O F F I C E N 0 X 4 3 2
0 N A N G E, C A L I F 0 N N I A
PAGE 3
DESIGNATION OF SUB - CONTRACTORS
THE UNDERSIGNED CERTIFIES THAT HE HAS USED THE SUB -BIDS OF THE FOLLOWING
LISTED CONTRACTORS IN MAKING UP HIS BID AND THAT THE SUB - CONTRACTORS LISTED
WILL BE USED FOR THE WORK FOR WHICH THEY BIDO SUBJECT TO THE APPROVAL OF
THE CITY ENGINEERy AND IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE
SPECIFICATIONS. NO CHANGE MAY BE MADE IN THESE SUB - CONTRACTORS EXCEPT UPON
THE PRIOR APPROVAL OF THE ENGINEER.
ITEM OF WORK SUB- CONTRACTOR ADDRESS
I . Zp4 (i iv F Ti-uc F(, 77-L, 4-";
2.
3-
4.
5•
6.
7•
8.
V]
10.
12
IDDER
IZED SIGNATURE
C0 -%U ✓R 7-/o-j
TYPE OF ORGANIZATION
(INDIVIDUALy COPARTNERSHIP OR CORPCRATION)
_ 2iw!A�J9
ADDRESS
ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORKS
AS INDICATED IN THIS PROPOSALS TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER., IN CASE
OF A DISCREPANCY BETWEEN WORDS AND FIGURESS THE WORDS SHALL PREVAIL. IN CASE OF AN ERROR
IN THE EXTENSION OF A UNIT PRICE, THE CORRECTED EXTENSION SHALL BE CALCULATED AND THE BIDS
WILL BE COMPUTED AS INDICATED ABOVE AND COMPARED ON.:THE BASIS OF THE CORRECTED TOTALS.
THE ESTIMATED QUANTITIES OF WORK INDICATED IN THIS PROPOSAL ARE APPROXIMATE ONLY,
BEING GIVEN SOLELY AS A BASIS FOR COMPARISON OF BIDS.
THE UNDERSIGNED HAS CHECKED CAREFULLY ALL OF THE ABOVE FIGURES AND UNDERSTANDS THAT
THE CITY WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE PART OF THE UNDER31GNED
IN MAKING UP THIS BID-
THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT
WITH NECESSARY BONDS WITHIN TEN (10) DAYS, NOT INCLUDING SUNDAY, AFTER HAVING RECEIVED
NOTICE THAT THE CONTRACT IS READY FOR SIGNATURES THE PROCEEDS OF CHECK OR BOND ACCOMPANY-
ING THIS BID SHALL BECOME THE PROPERTY OF THE CITY OF NEWPORT BEACH.
LICENSED IN ACCORDANCE WITH THE STATUTES OF THE STATE OF CALIFORNIA PROVIDING FOR
THE REGISTRATION OF CONTRACTORS, LICENSE N0.
ACCOMPANYING THIS PROPOSAL IS
(LASHS.CERTIFIED CHECKS CASHIER'S CHECK OR
IN AN AMOUNT NOT LESS THAN 10 PERCENT OF THE TOTAL BID.PRICE.
139 -/�00
PHONE NUMBER
/o —Lo- 6 L
DATE
�7� 17
BIDDERIS ADDRESS
AUTHORIZED SIGNATURE
�O� Or.q � /UhJ
TYPE OF RGAN IZATION
(INDIVIDUALS CORPORATIONS CO- PARTNERSHIP)
=AL)
. LIST BELOW NAMES OF PRESIDENTS SECRETARY, TREASURER AND MANAGER IF A CORPORATIONS`,.
AND NAMES OF ALL CO- PARTNERS IF A CO- PARTNERSHIP:
r. L. L vc e 1_ es .
h iIce / Y'C
C.1-4. CA c� /JcfT, Scc.
ii
PAGE 9
NON- COLLUSION AFFIDAVIT
THE BIDDERS, 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 ARRANGEMENT 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 AF-
FIANTS OR EITHER OF THEM HAS NOT DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGE-
MENT 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 AT-
TACHED 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 CONTRACTOR FROM CONSIDERING ANY BID FROM ANY SUBCONTRACTOR OR MATERIAL—
MAN WHICH IS NOT PROCESSED THROUGH SAID BID DEPOSITORY, OR WHICH PREVENT ANY SUB-
CONTRACTOR OR MATERIALMAN FROM BIDDING TO ANY CONTRACTOR WHO DOES NOT USE THE
FACILITIES OF OR ACCEPT BIOS FROM OR THROUGH SUCH BID DEPOSITORY; THAT NO INDUCE-
MENT OR ANY FORM OR CHARACTER OTHER THAN THAT WHICH APPEARS UPON THE FACE OF THE
BID WILL BE SUGGESTED, OFFERED, PAID, OR DELIVERED TO ANY PERSON WHOMSOEVER TO
INFLUENCE THE ACCEPTANCE OF THE SAID BID OR AWARDING OF THE CONTRACT, NOR HAS THIS
BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVER, WITH ANY PERSON
WHOMSOEVER 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.
PER
SUBSCRIBED AND SWORN TO BEFORE ME BY
THIS ZO T/-,/ DAY OF
196.
MY COMMISSION EXPIRES= IJ - -`"'-
� fir.
!PfNRIIq E R11lIt 5 F�
>AnK E�{;ow
i ear
i
4
Proposal or Bid Bond
HOME OFFICE:
INDUSTRIAL
INDEMNITY
COMPANY
SAN FRANCISCO
Bond No. YS- 024301 (S09)
Premmm $ Premium Included in
Annual Service Charge
KNOW ALL MEN BY THESE PRESENTS:
That SULLY - MILLER CONTRACTING COMPANY
(hereinafter called the Principal) as Principal, and the INDUSTRIAL INDEMNITY COMPANY, a
corporation created and existing under the laws of the State of California, with its principal office at
San Francisco, California, (hereinafter called the Surety), as Surety, are held and firmly bound unto
CITY OF NEWPORT BEACH
(hereinafter called the Obligee), in the full and just sum of 10% OF THE AMOUNT OF THE
BID - - - - - - - - - - - - - -- - - - - -
Dollara ($ 10$ fBID ),
good and lawful money of the United States .of America, to the payment of which sum oiPmoney well
and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Whereas, the Principal herein is submitting a proposal for SAND REPLENISHMENT
OF WEST NEWPORT OCEAN BEACH
Now, Therefore, if the bid or proposal of said Principal shall be accepted, and the contract for
such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter
into a contract for the completion of said work and furnish bonds as required by law, then this obli-
gation shall be null and void, otherwise to remain in full force and effect.
Signed, sealed and dated this 10th day of October 1966
SULLY - MILLER CONTRACTING COME ANY -
--- •--- --- -- -- ---- -- ---- --_- - -•------ --- -- ---- --------- ---- --------- ' - - - - --
�818A i a V011 90" toln
.............. .................. _...-•.............. -= •...... ---------
Principal
I11RUSTRIAL INDEMNITY COMPANY'- -
OVA... !l• LGf YVII jiLLO[R Y
FORM IYOCA - ~/ - ? S•-
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State of California
SS.
County of Los Angeles 111
O*'C'AL SAL
R. BARKLEY TACKITT
NOTARY PUBLIC- CALIFORNI
} LOSnA 36ELES CDUNTNY
14
i
On October 10, 1966 before me, the undersigned,
a Notary Public of said county and state, personally appeared
John A. Berton
known to me to be the Attorney .of. the INDUSTRIAL INDEMNITY
COMPANY, the Corporation that executed the within instrument, and
known to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to me
that such Corporation executed the same.
PA7BOIWW EVha Mar.
STATE OF CALIFORNIA,
COUNiY f1F Los Angeles r SS.
1
ON ortnheF r
10 196.6 ,
before me, the undersigned, a_Rotary Public in and for said State, personally appeared
e en arcer
known to me to be the
Assistant ca.,er�w
OFFiC1AL SEAL
iL tiARKL.EY TACKITT
NOTARY PUBLIC• CALIFORNIA
PRINCIPAL OFFICE IN
LOS AIIGELCS COUNTY
of the Jully- mlller LOnzxagT:Lng LO.
the Corporation that executed the within Instrument, Mom to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named and acknowledged
to me that such Corporation executed the same.
my hand and official se(- -�, :� n —7——
a
CONTRACT NO. 1070
CITY OF NEWPORT BEACH
CONTRACT DOCUMENTS
r
FOR
SAND REPLENISHMENT OF WEST NEW ORT OCEAN BEACH
(SECOND CONTRACT)
1966
Api RCYED BY THE CITY CE%DNC I L ON TH I S
26TH DAY :,F SEPTEMBER,
r
: -A@9RA L;IGPOS� AyT G CITY CLERK.
10
s
G1
171
CITY OF NEWPORT BEACH., CALIFORNIA
NOTICE OF INVITING BIDS
SEALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE CITY CLERK$ CITY HALL., NEWPORT
BEACH., CALIFORW A., UNTIL 10 :00 A.M.., ON THE IOTH DAY OF OCTOBER., 19660 AT WHICH TIME
THEY WILL BE PUBLICLY OPENED AND READ., FOR PERFORMING WORK AS FOLLOWS:
SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH
(SECOND CONTRACT - CONTRACT NO. 1070)
NO BID WILL BE RECEIVED UNLESS IT 15 MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC
WORKS DEPARTMENT. EACH BID MUST BE ACCOMPANIED BY CASH., CERTIFIED CHECK., OR BIDDER'S
BOND MADE PAYABLE TO THE CITY OF NEWPORT BEACH., FOR AN AMOUNT EQUAL TO AT LEAST 10 PERCENT
OF THE AMOUNT BID.
THE DOCUMENTS INCLUDED WITHIN THE SEALED BIDS WHICH REQUIRE COMPLETION AND EXECUTION
ARE THE FOLLOWING:
1. - PROPOSAL
Z. PAGE - DESIGNATION OF SUB- CONTRACTORS
4�PAGE - BIDDER'S BOND
PAGE 9 - NON- COLLUSION AFFIDAVIT
5. PAGEIO - CONTRACTOR'S FINANCIAL STATUS
THE DOCUMENTS SHALL BE AFFIXED WITH THE APPROPRIATE AND CORRECT SIGNATURES AND SEALS OF
THE CORPORATION., PARTNERSHIP., JOINT VENTURE AND /OR INDIVIDUAL.
IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1770 OF THE LABOR CODE., THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH HAS ASCERTAINED THE GENERAL PREVAILING RATE OF PER DIEM
WAGES IN THE LOCALITY IN WHICH THE WORK IS TO BE PERFORMED FOR CRAFT OR TYPE OF p
WORKMAN OR MECHANIC NEEDED TO EXECUTE THE CONTRACT AND IS SET FORTH IN RESOLUTION NO. 6258.
A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE CITY CLERK IN THE CITY OF
NEWPORT BEACH.
ALL BIDS ARE TO BE COMPARED ON THE BASIS OF THE ENGINEERS ESTIMATE OF THE QUANTI-
TIES OF WORK TO BE DOME.
NO BID WILL BE ACCEPTED FROM A CONTRACTOR WHO HAS NOT BEEN LICENSED IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTER 92 DIVISION III OF BUSINESS AND PROFESSIONS' CODE.
PLANS AND SPECIFICATIONS., FORMS OF PROPOSAL., BONDS., AND CONTRACT MAY BE OBTAINED AT
THE PUBLIC WORKS DEPARTMENT., CITY HALL., NEWPORT BEACH., CALIFORNIA.
A NON- REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF STANDARD SPECIFICATION:
A REFUNDABLE DEPOSIT OF $5.00 WILL BE REQUIRED FOR EACH SET OF PLANS., SPECIAL PROVISIONS., AND
CONTRACT DOCUMENTS. UPON RETURN OF THE SET OF PLANS., SPECIAL PROVISIONS., AND CONTRACT
DOCUMENTS TO THE PUBLIC WORKS DEPARTMENT., THE $5.00 DEPOSIT WILL BE REFUNDED BY MAIL, NO
REFUNDS WILL BE MADE LATER THAN 60 DAYS AFTER AWARD OF BID.
THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE
ANT, INFORMALITY IN SUCH BIDS.
CITY OF NEWPORT BEACH$ CALIFORNIA
LAURA LAGIOS., ACTING CITY CLERK
E
PROPOSAL FOR CONTRACT NO. 1070
TO THE HONORABLE CITY COUNCIL
CITY OF NE WPORT BEACH
CALIFORNIA
THE UNDERSIGNED DECLARES THAT HE HAS CAREFULLY EXAMINED THE LOCATION OF THE PRO- I
POSED WORKS THAT HE HAS EXAMINED THE PLANS AND SPECIFICATIONS FOR CONTRACT NO. 1070,
AND HEREBY PROPOSES TO FURNISH ALL EQUIPMENT AND MATERIALS AND DO ALL WORK REQUIRED TO
COMPLETE THE WORK IN ACCORDANCE WITH SAID PLANS/ THE STANDARD SPECIFICATIONS OF THE i
CITY OF NEWPORT BEACH, AND THE SPECIAL PROVISIONS, AND THAT HE WILL TAKE IN FULL -
PAYMENT THEREFOR THE FOLLOWING UNIT PRICES FOR EACH ITEM COMPLETE IN PLACE, TO WIT:
ESTIMATED
ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL
N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
60,000 SAND EXCAVATION
CUBIC 7_3 q
YARDS Q 01.IC /OO D OLL.ri 2S DOLLARS I.-73 1073 O D�.�
AND
CENTS
PER CUBIC YARD
TOTAL PRICE WRITTEN IN WORDS
DOLLARS
AND
CENTS
GRIFFITH COMPANY
ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORK,
AS .INDICATED IN THIS PROPOSAL, TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER.. IN CASE
OF A DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL- IN CASE OF AN ERROR
IN THE EXTENSION OF A UNIT PRICE, THE CORRECTED EXTENSION SHALL BE CALCULATED AND THE BIDS
WILL BE COMPUTED AS INDICATED ABOVE AND COMPARED ON::TME BASIS OF THE CORRECTED TOTALS.
THE ESTIMATED QUANTITIES OF WORK INDICATED IN THIS PROPOSAL ARE APPROXIMATE ONLY,
BEING GIVEN SOLELY AS A BASIS FOR COMPARISON OF BIDS. .
THE UNDERSIGNED HAS CHECKED CAREFULLY ALL OF THE ABOVE FIGURES AND UNDERSTANDS THAT
THE CITY WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE PART OF THE UNDERSIGNED
IN MAKING UP THIS BID.
THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT
WITH NECESSARY BONDS WITHIN TEN (10) DAYS, NOT INCLUDING SUNDAY, AFTER HAVING RECEIVED
NOTICE THAT THE CONTRACT IS READY FOR SIGNATURE, THE PROCEEDS OF CHECK OR BOND ACCOMPANY-
ING THIS BID SHALL BECOME THE PROPERTY OF THE CITY OF NEWPORT BEACH-
LICENSED IN ACCORDANCE WITH THE STATUTES OF THE STATE OF CALIFORNIA PROVIDING FOR
THE REGISTRATION OF CONTRACTORS, LICENSE No. 32168
ACCOMPANYING THIS PROPOSAL IS Bidder's Bond.
CASH,. ERTIFIED CHECK' CASHIER'S CHECK OR BOND)
IN AN AMOUNT NOT LESS THAN 10 PERCENT OF THE TOTAL BID.PRICE-
I
KI 9 2291 GRIFFITH COMPANY
PHONE NUMBER IDDER'S NAME
(SEAL)
October 10, 1966
DATE
P. 0. Box 395
Costa Mesa, Calif. 92627
BIDDER'S ADDRESS
AL4, ` BEN P. GRIFFITH
AUTHORIZED SIGNATURE PRESIDENT,
AUTHORIZED SIGNATURE ASST- SECRETARy
F. C. RODENBROCK
CORPORATION
TYPE OF ORGANIZATION
(INDIVIDUAL, CORPORATION, CO- PARTNERSHIP)
'N
.• LIST BELOW NAMES OF PRESIDENT, SECRETARY, TREASURER AND MANAGER IF A CORPORATION,
AND NAMES OF ALL CO- PARTNERS IF A CO- PARTNERSHIP:
Ben P Griffith
W E Viram
C F Rees
J F Porcher
Thai= N Barnes
i I Gregory Jr
F C Rodenbrock
L A Bunch
President
Vice President & Secretary
Vice President & Treasurer.
Vice President - Construction
Assistant to President
Contract Officer -Asst Secy
Assistant Secretary
Assistant Treasurer
1001 Linda Flora Dr
241 Via Genoa
204 N Hillcrest Bl
2921 Illinois Ave
401 S Burnside Ave
4535 Carpenter Ave
512 S Hobart Blvd
411 Osborn
Los Angeles Calif 90049
Newport Beach Cal 92660
Inglewood Calif 90301
South Gate Calif 90280
Los Angeles Calif 90036
N Hollywood Calif 91607
Los Angeles Calif 90005
West Covina Calif 91790
PAGE 3
DESIGNATION OF SUB- CONTRACTORS
THE UNDERSIGNED CERTIFIES THAT HE HAS USED THE SOB -BIDS OF THE FOLLOWING
LISTED CONTRACTORS IN MAKING UP HIS BID AND THAT THE SUB - CONTRACTORS LISTED
WILL BE USED FOR THE WORK FOR WHICH THEY BID, SUBJECT TO THE APPROVAL OF
THE CITY ENGINEER, AND IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE
SPECIFICATIONS. NO CHANGE MAY BE MADE IN THESE SUB - CONTRACTORS EXCEPT UPON
THE PRIOR APPROVAL OF THE ENGINEER.
ITEM OF WORK SUB - CONTRACTOR - ADDRESS
I.
2
4
5•
6.
7•
8.
9
10
II
12
GRIFFITH COMPANY
BIDDERS NAME
,� BEN P. GRIFFITH
AUTHORIZED SIGNA E - PRESIDENT.
CORPORATION
TYPE OF ORGANIZATION
(INDIVIDUAL, COPARTNERSHIP OR CORPCRATION)
P. o. Box 395
Costa Mesa, California. 92627
ADDRESS
PAGE 4
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
THAT WE, GRJFFITH COMPANY , AS PRINCIPAL,
AND THE AMERICAN INSURANCE COMPANY , AS SURETY, ARE HELD
AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF ten percent
bid in
of the tntAl RM013nt',l DOLLARS ($10'% Of Bid 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 PRINCIPAL FOR THE CONSTRUCTION OF
Sand Replenishment of West Newport Ocean Beach - Contract No. 1070'
IN THE CITY OF NEWPORT BEACH, IS ACCEPTED BY THE CITY COUNCIL OF SAID CITY, AND IF THE
ABOVE BOUNDEN PRINCIPAL SHALL DULY ENTER INTO AND EXECUTE A CONTRACT FOR SUCH CONSTRUC-
TION AND SHALL EXECUTE AND DELIVER THE TWO (2) BONDS DESCRIBED IN THE "NOTICE INVITING
BIDS" WITHIN TEN (10) DAYS (NOT INCLUDING SATURDAY AND SUNDAY).FROM THE DATE OF THE
MAILING OF A NOTICE TO THE ABOVE BOUNDEN PRINCIPAL BY AND FROM SAID CITY OF NEWPORT
BEACH THAT SAID CONTRACT IS READY FOR EXECUTION, THEN THIS OBLIGATION SHALL BECOME NULL
AND VOID; OTHERWISE IT BE AND REMAIN IN FULL FORCE AND EFFECT, AND THE AMOUNT SPECIFIED
HEREIN SHALL BE FORFEITED TO THE SAID CITY.
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, WE HEREUNTO SET OUR HANDS AND SEALS THIS 10th DAY OF
October
19W
CORPORATE SEAL (IF CORPORATION)
(ATTACH ACKNOWLEDGEMENT OF
ATTORNEY IN FACT)
GRIFFITH COMPANY
PRI CI PAL
L n '
BEN P. GRIFFITH
THE AMERICAN INSURANCE C,
URETY
BY 7'
J. .Bolton
Premium included in SBSU. TITLE ttorney in Fact
PRESIDENT
• State of Californiej
f County of Ip8 Aw g s:
If
On Cctaer 10, 1966 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared B. J. Bolton
known to me to be Attorney -in -Fact of THE AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my },and and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires JAN 14 1968 _ =7-11
380212 -8-88
OFFICIAL SEAL
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
Notary Public
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
11
PAGE 5
WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA,
BY MOTION ADOPTED
HAS AWARDED TO
9
HEREINAFTER DESIGNATED AS THE "PRINCIPAL.", A CONTRACT FOR
IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI-
CATIONS AND OTHER CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY CLERK.
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 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, '%iE
AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND
AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF
DOLLARS 4 ),
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 PERSON OR HIS SUBCON-
TRACTORS., 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 SPECI-
FIED IN THE BOND, AND ALSO, IN CASE SUIT IS BROUGHT UPON THE BOND, A REASONABLE
ATTORNEYS FEE, TO BE FIXED BY THE COURT, AS REQUIRED BY THE PROVISIONS OF SECTION
42O4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
S • •
PAGE 6
(LABOR AND MATERIAL BOND ° CONTINUED)
THIS BOND SHALL INURE TO THE BENEFIT OF ANY AND ALL PERSONS, COMPANIES, AND CORPOR-
ATION ENTITLED TO FILE CLAIMS UNDER SECTION 1192.E OF THE CODE OF CIVIL PROCEDURE
SO AS TO GIVE A RIGHT OF ACTION TO THEM OR THEIR ASSIGNS IN ANY SUIT BROUGHT UPON
THIS BOND, AS REQUIRED BY THE PROVISIONS OF SECTION 4205 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA.
AND THE 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
CONTRACTOR 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 FI•I�
SURETY ABOVE NAMED, ON THE DAY OF , 196
(SEAL)
(SEAL)
(SEAL)
CONTRACTOR
(SEAL)
(SEAL)
(SEAL)
APPROVED AS TO FORM: SURETY
CITY ATTORNEY
THIS BOND WAS APPROVED BY THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH BY MOTION ON
DATE
ATTEST:
CITY CLERK
PAGE 7
PERFORMANCE BOND
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
IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECI -F1=
CATIONS AND OTHER CONTRACT DOCUMENTS NOW 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 A BOND FOR THE FAITHFUL PERFORMANCE OF
SAID CONTRACT:
NOW, THEREFORE, WE,
AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR", AND
AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF
ARS (),
SAID SUM BEING EQUAL TO 50% OF THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID TO
THE SAID CITY OR ITS CERTAIN ATTORNEY, ITS SUCCESSORS, AND ASSIGNS; FOR WHICH PAY-
MENT, WELL AND TRULY TO BE MADE, WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND AD-
MINISTRATORS, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRE-
SENTS.
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, CONDITIONS
AND AGREEMENTS IN THE SAID CONTRACT AND ANY ALTERATION THEREOF MADE AS THEREIN PRO-
VIDED 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,
PAGE 8
(PERFORMANCE BOND - CONTINUED)
AND SAID SURETY, FOR VALUE RECEIVED, HEREBY STIPULATES AND AGREES THAT NO CHANGE,
EXTENSION OF TIME, ALTERATION OR ADDITION 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 CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CON-
TRACT 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 ON 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 DAY OF , Ig6_
(SEAL)
(SEAL)
(SEAL)
CONTRACTOR
(SEAL)
(SEAL)
SURETY
APPROVED AS TO FORM:
CITY ATTORNEY
0
NON- COLLUSION AFFIDAVIT
PAGE 9
THE BIDDERS, 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 ARRANGEMENT 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 AF-
FIANTS OR EITHER OF THEM HAS NOT DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGE-
MENT 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 AT-
TACHED 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 CONTRACTOR FROM CONSIDERING ANY BID FROM ANY SUBCONTRACTOR OR MATERIAL -
MAN WHICH 15 NOT PROCESSED THROUGH SAID BID DEPOSITORY, OR WHICH PREVENT ANY SUB-
CONTRACTOR OR MATERIALMAN FROM BIDDING TO ANY CONTRACTOR WHO DOES NOT USE THE
FACILITIES OF OR ACCEPT BIDS FROM OR THROUGH SUCH BID DEPOSITORY THAT NO INDUCE-
MENT OR ANY FORM OR CHARACTER OTHER THAN THAT WHICH APPEARS UPON THE FACE OF THE
BID WILL BE SUGGESTED, OFFERED, PAID, OR DELIVERED TO ANY PERSON WHOMSOEVER TO
INFLUENCE THE ACCEPTANCE OF THE SAID BID OR AWARDING OF THE CONTRACT, NOR HAS THIS
BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVER, WITH ANY PERSON
WHOMSOEVER 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 BY
THIS 10th DAY OF October ,
1966 .
MY COMMISSION EXPIRES'
My Commission Expires Sept 10, 1967i
GRIFFIT COM ANY
l' "
PRESIDENT
BEN P. GRIFFITFi AAtP F. C. RODENBROCK
NOTARY PUBLIC BRUCE E. FULLER
BRUCE E. FULLER
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGE LE CO UNTY
REAL ESTATE INVr5nMins
Real Estate Late 29 ,9167.08
Buildings and Improvements 194149553.80
Less Allocanee for Depreciation �i .,889_39 �a66L._Ll
TOTAL
•II• * * * * ** * -k Y. v. * * $. ?F •Y.. ;t :F .. 11 L: =6 ; :: X :P * *
CURM LIABILITIES
Accounts Payable
Accrued Payroll
Due Officers and Stockholders
Employees Savings Bonds Account
Installment Contracts Payable
Uartgage Payable ® Real Estate
Federal Income Tax Payable
o, BER LIAB7:LITILS
Unpaid Labor Drafts
Due Subsidiary - Piru Rock Co.
Mortgage Payable ® R. E. Long Term
� .i :_A11 Ili • �.
., •
198849394°39
1089354.49
779307.88
920.00
719689.80
169824.73
Fit?
269554.34
199600.63
216 700_78
TOTAL
L• • s
$59680 :258.49
$359570.76
19594,9247.74
-IM; s + T;
291609019.32
262:855.75
1969280.58
C•
BALANCE SST AT DE MMER 319
1%5
l:TRtRF.FPi' ASSETS
Cash in Beaks and on Hand
AMM
300,027.78
Accounts Receivable
4,1609941.39
Securities at Cost
1700868.10
Material and Supplies
uppli
f77 9727.7�7
Street ZVrevement Honfle
709241.38
Staeet 1rovement Assessments
4759918.31
Sundry s �
Notes Receivable
669336.46
69336
Advances on Uncompleted Contracts
2899716.42
Account Receivable s U.S. Treas. Dept.
�,"7jQ-6$
TOTAL
OTHM AS
Investments and Advances to Subsidiaries
and Real Estate Joint Ventures
5329416.48
Insta l wnt Contracts Receivable
on Sales of Real Estate
38x227.87
Second Mortgages and Trost Deeds
179344.41
Cash Surrender Value of Life Insurance
TOTAL
F]ZED ASSETS
Land - Plant sites
141,940.18
Autos and Trucks
6I97819970.57
roes A.11coance for Depreciative
- aQ_o .5_ -i
3539925.16
Equipment and Plants
392921,961.42
Less Allowance, for Depreciation
24369mam
305 -!n
TOTAL
REAL ESTATE INVr5nMins
Real Estate Late 29 ,9167.08
Buildings and Improvements 194149553.80
Less Allocanee for Depreciation �i .,889_39 �a66L._Ll
TOTAL
•II• * * * * ** * -k Y. v. * * $. ?F •Y.. ;t :F .. 11 L: =6 ; :: X :P * *
CURM LIABILITIES
Accounts Payable
Accrued Payroll
Due Officers and Stockholders
Employees Savings Bonds Account
Installment Contracts Payable
Uartgage Payable ® Real Estate
Federal Income Tax Payable
o, BER LIAB7:LITILS
Unpaid Labor Drafts
Due Subsidiary - Piru Rock Co.
Mortgage Payable ® R. E. Long Term
� .i :_A11 Ili • �.
., •
198849394°39
1089354.49
779307.88
920.00
719689.80
169824.73
Fit?
269554.34
199600.63
216 700_78
TOTAL
L• • s
$59680 :258.49
$359570.76
19594,9247.74
-IM; s + T;
291609019.32
262:855.75
1969280.58
C•
PAGE IO
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
TECHNICAL ABILITY AND EXPERIENCE
(THE BIDDER IS REQUIRED TO STATE WHAT WORK OF A SIMILAR CHARACTER TO THAT INCLUDED
IN THE PROPOSED CONTRACT HE HAS SUCCESSFULLY PERFORMED AND GIVE REFERENCE WHICH
WILL ENABLE THE CITY COUNCIL TO JUDGE HIS RESPONSIBILITY, EXPERIENCE? SKILL} AND
BUSINESS STANDING.)
THE UNDERSIGNED SUBMITS HEREWITH A STATEMENT OF HIS FINANCIAL RESPONSIBILITY.
THE UNDERSIGNED SUBMITS BELOW A STATEMENT OF THE WORK OF SIMILAR CHARACTER TO THAT
INCLUDED IN THE PROPOSED CONTRACT WHICH HE HAS SUCCESSFULLY PERFORMED.
This business was incorporated in April, 1902, as
Fairchild - Gilmore- Wilton Co. The name was changed to
Griffith Company, incorporated under the laws of the
State of California on December 7, 1922, and has been
in continuous operation averaging $31,000,000.00 annually
for the past ten years and $29,000,000.00 annually for
the past three years in contract amounts.
Griffith Company has performed work of this nature for
the Cities of Los Angeles, San Diego, Bakersfield,
Pasadena, Glendale, Long Beach, Santa Ana, Garden Grove,
Newport Beach and many others, as well as for various
departments of the State of California and the Counties
of Los Angeles, San Diego, Kern, Ventura, Orange, San
Bernardino and others.
Our banking reference is the Farmers and Merchants Office
of Security -First National Bank, Bank of America, Los
Angeles Main Office, San Diego Trust and Savings Bank
and United States National Bank of San Diego.
We are bonded by The American Insurance Company of Newark,
New Jersey.
GRIFFlT},i COfMPA�,N /Y�}�o
/1/!�� L � /�^� BEN P. GRIFFITH
SIGNED PRESIDENT
arc
PAGE II
C O N T R A C T
THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF
BY AND BETWEEN THE CITY OF NEWPORT BEACH, CALIFORNIA, HEREINAFTER DESIGNATED AS THE
CITY, PARTY OF THE FIRST PART, AND
HEREINAFTER DESIGNATED AS THE CONTRACTOR, PARTY OF THE SECOND PART.
WITNESSETHs THAT THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS;
1. FOR AND IN CONSIDERATION OF THE PAYMENTS AND AGREEMENTS HEREINAFTER MENTIONED
TO BE MADE AND PERFORMED BY THE CITY, THE CONTRACTOR AGREES WITH THE CITY TO FURNISH
ALL MATERIALS AND LABOR FOR THE CONSTRUCTION OF
AND TO PERFORM AND COMPLETE IN A GOOD AND WORKMANLIKE MANNER ALL THE WORK PERTAINING
THERETO SHOWN ON THE PLANS AND SPECIFICATIONS THEREFOR; TO FURNISH AT HIS OWN PROPER
COST AND EXPENSE ALL TOOLS, EQUIPMENT, LABOR, AND MATERIALS NECESSARY THEREFOR, (EX-
CEPT SUCH MATERIALS, IF ANY, AS IN THE SAID SPECIFICATIONS ARE STIPULATED TO BE FUR-
NISHED BY THE CITY), AND TO DO EVERYTHING REQUIRED BY THIS AGREEMENT AND THE SAID
PLANS AND SPECIFICATIONS.
2. FOR FURNISHING ALL SAID MATERIALS AND LABOR, TOOLS AND EQUIPMENT, AND DOING
ALL THE WORK CONTEMPLATED AND EMBRACED IN THIS AGREEMENT, ALSO FOR ALL LOSS AND DAMAGE
ARISING OUT OF THE NATURE OF THE WORK AFORESAID, OR FROM THE ACTION OF THE ELEMENTS,
OR FROM ANY UNFORESEEN DIFFICULTIES WHICH MAY ARISE OR BE ENCOUNTERED IN THE PROSECU-
TION OF THE WORK UNTIL ITS ACCEPTANCE BY THE CITY, AND FOR ALL RISKS OF EVERY DE-
SCRIPTION CONNECTED WITH THE WORK; ALSO, FOR ALL EXPENSES INCURRED BY OR IN CONSE-
QUENCE OF THE SUSPENSION OR DISCONTINUANCE OF WORK, EXCEPT SUCH AS IN SAID SPECIFI-
CATIONS ARE EXPRESSLY STIPULATED TO BE BORNE BY THE CITY; AND FOR WELL AND FAITHFULLY
COMPLETING THE WORK AND THE WHOLE THEREOF, IN THE MANNER SHOWN AND DESCRIBED IN THE
SAID PLANS AND SPECIFICATIONS, THE CITY WILL PAY AND THE CONTRACTOR SHALL RECEIVE IN
FULL COMPENSATION THEREFORE THE LUMP SUM PRICE, OR IF THE BID IS ON THE UNIT PRICE
BASIS, THE TOTAL PRICE FOR THE SEVERAL ITEMS FURNISHED PURSUANT TO THE SPECIFICATIONS,
NAMED IN THE BIDDING SHEET OF THE PROPOSAL, AS THE CASE MAY BE.
3. THE CITY HEREBY PROMISES AND AGREES WITH THE SAID CONTRACTOR TO EMPLOY, AND
DOES HEREBY EMPLOY THE SAID CONTRACTOR TO PROVIDE THE MATERIALS AND TO DO THE WORK
ACCORDING TO THE TERMS AND CONDITIONS HEREIN CONTAINED AND REFERRED TO FOR THE PRICE
AFORESAID, AND HEREBY CONTRACTS TO PAY THE SAME AT THE TIME, IN THE MANNER, AND UPON
THE CONDITIONS SET FORTH IN THE SPECIFICATIONS; AND THE SAID PARTIES FOR THEMSELVES,
THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, DO HEREBY AGREE TO
THE FULL PERFORMANCE OF THE COVENANTS HEREIN CONTAINED.
4. THE NOTICE TO BIDDERS, INSTRUCTIONS TO BIDDERS, CONTRACTOR'S PROPOSAL, AND
THE PLANS AND SPECIFICATIONS, AND ALL AMENDMENTS THEREOF, WHEN APPROVED BY THE PAR-
TIES HERETO, OR WHEN REQUIRED BY THE CITY IN ACCORDANCE WITH THE PROVISIONS OF THE
PLANS AND SPECIFICATIONS, ARE HEREBY INCORPORATED IN AND MADE PART OF THIS AGREE-
MENT.
z"
d
PAGE 12
(CONTRACT - CONTINUED)
5. THE CONTRACTOR SHALL ASSUME THE DEFENSE OF AND INDEMNIFY AND SAVE HARMLESS
THE CITY, THE DIRECTOR OF PUBLIC WORKS, AND THEIR OFFICERS AND EMPLOYEES, FROM ALL
CLAIMS, LOSS, DAMAGE, INJURY, AND LIABILITY OF EVERY KIND, NATURE, AND DESCRIPTION,
DIRECTLY OR INDIRECTLY ARISING FROM THE PERFORMANCE OF THE CONTRACT OR WORK, REGARD-
LESS OF RESPONSIBILITY FOR NEGLIGENCE; AND FROM ANY AND ALL CLAIMS, L055, DAMAGE,
INJURY, AND LIABILITY, HOWSOEVER THE SAME MAY BE CAUSED, RESULTING DIRECTLY OR IN-
DIRECTLY FROM THE NATURE OF THE WORK COVERED BY THE CONTRACT, REGARDLESS OF RESPON-
SIBILITY FOR NEGLIGENCE. -
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS CONTRACT TO BE EXECUTED
THE DAY AND YEAR FIRST ABOVE WRITTEN.
ATTEST:
CITY OF NEWPORT BEACH, CALIFORNIA
Y:
CITY CLERK
BY:
APPROVED AS TO FORM:
CITY ATTORNEY
YOR
CONTRACTOR
TITLE
ITLE
(SEAL)