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HomeMy WebLinkAboutC-1169 - Part I (Fog seal), seal coat program 1968-693394 now, 8807 wf)C5 (RECORDED AT REQJEST OF PLEASE R..TURN TO: =IAL T A, f�� LAU; <A LAG - RD OF 10$,CfTYCLERK TY, CALIF. C;TY OF NRAVVORT B EACH NOTICE OF COMPLETION tvf:�,/P0,,T BOULEVARD 1968 NE'; JPORT BEACH, CALIF. 9266.3 PUBLIC WORKS County Reeordu FREE To All Laborers and Material Men and to Every Other Person Interested: CZ YOU WILL PLEASE TAKE NOTICE that on the Public Works project consisting of Seal Coat on which r r u,Y,,, Q coapa%' was the contractor, and Ifni ed Bonding Tnsuranra Q=Png was the surety, was completed. I, the undersigned, say: I CITY OF NEWPORT BEACH 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 December 4, 1968 VERIFICATION I, the undersigned, say: at Newport Beach, California. I am the City Clerk of the City of Newport Beach; the City Council of said City on Nnvamhcn �.S i4aa 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 December 4, 1968 CITY OF NEWPORT BEACH CALIFORNIA City Han 3300 W. Newport Blvd Area Code 714 673 -2110 Date: December 5, 1968 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of Seal Coat Pro==, 1968 -69, Pert I (Fog Seal) Contract No. 1169 on which C. L. Brocdm Construction Co. was the Contractor and United Bonding Irises m 0MPa sy was the surety. Please record and return to us. Very truly yours, Laura Lagios City Clerk City of Newport Beach LL: Encl. 6 • November 25, 1968 E - `f TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SEAL COAT PROGRAM, 1968 -69, PART I (Fog Seal) C -1169 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 Seal Coat Program, 1968 -69, Part I (Fog Seal) has been completed to the satisfaction of the Public Works Department. The bid price was: $11,590.00 Amount of unit price items constructed 13,283.06 Amount of change orders: Total contract cost: 13,283.06 Amount budgeted in Account #02- 3397 -144: 14,000,00 The area of streets in need of seal coating exceeded that which could be done at the estimated price with the budgeted funds. Inasmuch as the low bid was 17% less than the estimate, the contract was expanded to seal additional streets, utilizing most of the budgeted funds: The contractor is C. L. Brooks Const. Co. of San Bernardino, California. Engineering was by the Public Works Department. The contract date of completion was October 25, 1968. All work was completed by August 21, 1968. '_4'y �Q Jdseph . Devlin Public W s Director LP /ldg 114 DYEMARTIN 9 F I R S T S T R E E T AS SAN FRANCISCO, CALIF. 94105 1074 Artoyo'parl'w Soci Y U K 0 N 1 0 9 4 0 Pasadena, a " 1, Calif. y 'HAMPSHJWE AVE 625 �..N 682-221'1 9 Ir;RC -W F_ U0415 LOS, AN LrS, C I o-O N 5204 ect to noted above has issued -4thar ow-red j" "policy(s) enunmerated below, .subject c Igo in or cancellation of the ZWF ANY wi I rr,ake every effort I: notify the drt I r ARD INSURED AND ADDRESS F., if certificate holder is a loss payee with respect to the described auto, Check.,tietyk., POLICY NUMBER �IWIN'O OF INSLIWA&CE AN6` ERAdff?' LIMITS EXPIRATION WORKMEN'S COMPENSATION t Statutory 4 21428 EMPLOYER*S LIABILITY 00 eackiccident BODILY INJURY LIABILITY ,OW -each person EXCEPT AUTOMOBILE $ ,006 each accident W0 each occurrence q. $ 000 aggregate products PROPERTY DAMAGE LIABILITY $ _,WQ each, accident EXCEPT AUTOMOBILE ,OPQ each occurrence 000 aggregate opetitions ;060 aggregate protective..' 000 aggregate products : 006 aggregate contractual BODILY INJURY LIABILITY each petsorl' — AUTOMOBILE $ OW each acci $ .-ON each occurrence PROPERTY DAMAGE LIABILITY $ 000'each.acci I dent — AUTOMOBILE $ :606 each occurrence MEDICAL PAYMENTS — AUTOMOBILE $ each person . ..... PHYSICAL DAMAGE — AUTOMOBILE — ACTUAL CASH VALUE UNLESS OTHERWISE STATED COMPREHENSIVE $ COLLISION OR UPSET LESS S deductible FIRE AND THEFT $ IF COMPREHENSIVE LIABILITY, CHECK HERE Li Rif C F 1 V F D Description of Operations, Locations, or Automobiles Covered; or Additional coverages; or.Special Condition. AUG 121968 PUBLIC WORKS DEPT. SIEAL CUT. FROMM* 19W69* PMT 1 (W WO, 909TRACT 1169 ELDORADO INSURANCE COMPANY Secretary _ • CONTRACT NO. 1169 CITY OF NEWPORT BEACH Contract Documents For The SEAL COAT PROGRAM, 1968 -69 PART I (Fog Seal) Approved By The City Council on this 24th Day of June, 1968 La ra Lagios, i c • • PAGE I -A (SHEET I OF 2) CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE CITY CLERK, CITY HALL, NEWPORT BEACH, CALIFORNIA, UNTIL10:00 A.M., ON THE 12th DAY OF JUly , 1968,. AT WHICH TIME THEY WILL BE 6PENED AND READ, FOR PERFORMING WORK AS FOLLOWS: Seal Coat Program, 1468=69 Part 1 (Fog Seal) NO BID 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 CHECK OR BIDDERS 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: I. - PROPOSAL 2. PAGE 3 - DESIGNATION OF SUB - CONTRACTORS PAGE [I - BIDDER'S BOND PAGE 9 - NON - COLLUSION AFFIDAVIT 5. PAGE IO - CONTRACTOR'S FINANCIAL STATUS THE DOCUMENTS SHALL BE AFFIXED WITH THE APPROPRIATE SIGNATURES AND.TITLES OF THE PERSONS SIGNING ON BEHALF OF THE BIDDER. FOR CORPORATIONS, THE SIGNATURES OF THE PRESIDENT OR VICE PRESIDENT AND SECRETARY OR ASSISTANT SECRETARY ARE REQUIRED AND THE CORPORATE SEAL SHALL BE AFFIXED TO ALL DOCUMENTS REQUIRING SIGNATURES. IN THE CASE OF A PARTNERSHIP, THE SIGNATURE OF AT LEAST ONE GENERAL PARTNER IS REQUIRED. ALL BIDS ARE TO BE COMPARED ON THE BASIS OF THE ENGINEER'S ESTIMATE. THE ESTIMATED QUANTI- TIES ARE APPROXIMATE ONLY, BEING GIVEN SOLELY AS A BASIS FOR THE COMPARISON OF BIDS. 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. THE CONTRACTOR SHALL STATE HIS LICENSE NUMBER AND CLASSIFICATION IN THE PROPOSAL. PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS MAY BE OBTAINED AT THE PUBLIC WORKS DE- PARTMENT, CITY HALL, NEWPORT BEACH, CALIFORNIA, AT NO COST TO LICENSED CONTRACTORS. A NON- REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS FOR OTHERS THAN LICENSED CONTRACTORS. IT IS REQUESTED THAT THE PLANS AND SPECIAL PROVISIONS BE RETURNED WITHIN 2 WEEKS AFTER THE BID OPENING. A NON- REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET of CITY OF NEWPORT BEACH STATNDARD SPECIFICATIONS. THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE ANY INFORMALITY IN SUCH BIDS. 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 or PER DIEM WAGES IN THE LOCALITY IN WHICH THE WORK IS TO BE PERF01tME0 FOR EACH CRAFT OR TYPE OF WORKMAN OR MECHANIC NEEDED TO EXECUTE THE CONTRACT AND "AS SET FORT" THESE ITEMS IN RESOLUTION ND. 6519• A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE CITY CLERK IN THE CITY OF NEWPORT BEACH. Any classification omitted herein.shall be the prevailing craft rate. Overtime, Sunday and Holiday rates are at prevailing craft rates. CITY OF NEWPORT BEACH, CALIFORNIA Laura Lagios, City Clerk • a Page lb The following is the schedule of prevailing wage rates, 1966 -67, for a selective list of classifications. Together with the information 'Included in the Resolution No. 6519, this schedule is to be considered.a part of these contract specifications. Prevailing Wage Rates - 1966 -67 Classification (Selective Listing) (5/1/66 (5/1/67 Carpenters 4.83 Cement Mason Journeyman 4.60 4.84 Laborers General or Construction 3.70 3.85 Asphalt Raker & Ironer 3.91 4.06 Flagman 3.70 3.85 Guinea Chase 3.78 3.93 Laying of all non - metallic pipe 4.01 4.16 Tunnel Classifications Vibratorman, Jack Hammer, Pneumatic Tools (except driller) 4.315 4.4445 O eerating Engineers 1711L66) (_7/1/67) Oiler and signalman (Group 1) 4.53 Skiploader (Less 4/5 yd.) (Group 2) 4.62 4.77 Rodman and:Chainman.(Group 3) 4.86 5.01 Instrumentman (Group 4) 4.97 5.12 Grade Checker (Group 5) 5.16 5.31 Pavement- breaker operator (Group 5) 5.16 5.31 Grade -all operator" (group 6) 5.26 $.41 Teamsters (5/1/66) 5/1/67 Dump Truck Driver (Less than 4 yes) Water truck driver (2500 gal.to 4000 gal) 4.53 4.68 Building and Construction trades (5/1/66) (5/1/67) Bricklayer & Stone Mason S75 - 3.13 Electrician 7/1166) (711/67) Journeyman Wiremah 6.11 6. 4 2 8 66) Lather 46 . Painters (7/1/66) 7/1167 Journeyman - spray Pipe trades Plumber 5.55 5.64 Any classification omitted herein.shall be the prevailing craft rate. Overtime, Sunday and Holiday rates are at prevailing craft rates. CITY OF NEWPORT BEACH, CALIFORNIA Laura Lagios, City Clerk t 0 CITY OF NEWPORT BEACH SEAL COAT PROGRAM, 1968 -69 PART I (FOG SEAL) CONTRACT NO. 1169 PROPOSAL To the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: The undersigned declares that he has carefully examined the location of the work, has examined the Plan and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furnish all labor, materials, equipment, transportation, and services necessary to do all the work required to complete Contract No. 1169, in accordance with the City of Newport Beach Drawing No. R- 5125 -S, the City's Standard Drawings and Specifications, and the Special Provisions, and that he will take in full payment therefore the following unit price for the completed item of work, to- wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 38,000 EMULSIFIED ASPHALT GALLONS (SS-1h) FOG SEAL COAT COMPLETE IN PLACE @ Thirty and one half cents Dollars and Cents per gallon, TOTAL PRICE WRITTEN IN WORDS Eleven Thousand Five Hundred and.Ninety dollars Dollars and Cents $ .305. 11,590.00 TOTAL $ 11,590.00 p u a`_'. A V h ..�'.•; NIN.NU.. 1. i.'....:'e.. .: .� ::.�Sf .� c... .. . ,,:...��x, aaw:te. •... �y„. _, �... �. �... c. tsnsS %�.�..u..su:`.ra'aa`s�ysa�hv.,, ,w.�ua.. �Y..s ".sra��a.. c,.. r WT/67 .� `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 SMALL PREVAIL, IN CASE OF AN ERROR 1 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 IND- ICATED 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 BC 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 TIE STATE OF CALIFORNIA PROVIDING FOR THE REGISTRATION OF CONTRACTORS.. LICENSE N0, 240166 CLASSIFICATION C -12 ACCOMPANYING THIS PROPOSAL Is bid Bond CASH., CERTIFIED CHECK., CASHIER'S CHECK OR BOND IN AN AMOUNT NOT LESS THAN IO PERCENT OF THE TOTAL BID PRICE. THE UNDERSIGNED IS AWARE OF THE PROVISIONS OF SECTION 3700 OF THE LABOR CODE WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FOR WORKMEN'S COMPENSATION OR TO UNDERTAKE SELF - INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT CODE., AND AGREES TO COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE WORK OF THIS CONTRACT. 714 - 887 -6427 PHONE NUMBER July 8, 1968 DATE 2045 West Washington Street (s) C. L. Brooks Construction Company BIDDERS NAME (SEAL) (s) C. L. Brooks , AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE San Bernardino, Calif. 92405 Individual BIODER'S ADDRESS TYPE OF ORGANIZATION (INDIVIDUAL, CORPORATION.. CO- PARTNERSHIP) "LIST BELOW NAMES OF PRESIDENT, SECRETARY., TREASURER AND MANAGEW IF A CORPORATION, AND NAMES OF ALL CO- PARTNERS IF A CO- PARTNERSHIPS ' • • 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• None 2. 4. 5• 6. 7• 8. 9• 10. 11. 12. (s) C. L. Brooks Const. Co. BIDDERS NAME . (s) C. L. Brooks AUTHORIZED SIGNATURE Individual TYPE OF ORGANIZATION (INDIVIDUALS COPARTNERSHIP OR CORPC)tATION) 2045 W. Washington St. San Bernardino, Calif.` ADDRESS FebRIGINAL COPY SEE.CITY CLERK'S•LE,COPY PAGE 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, THAT WE, , AS PRINCIPAL, AND AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF DOLLARS ($ i, 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 TILE 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.OE AND REMAIN IN FULL FORCE AND EFFECT, AND THE AMOUNT SPECIFIED HEREIN SHALL BE FORFEITED TO THE SAID CITY. IN THE EVENT THAT ANY 7RINCIPAL ADOVE 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 SIN FACT) BY TITLE n PRINCIPAL SURETY 5 Bond No. CP 38513 PAGE 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 July 22; 1968 - - HAS AWARDED TO C. L. Brooks Construction CO. HEREINAFTER DESIGNATED AS THE "PRINCIPAL, A CONTRACT FOR Seal Coat Program., 1968 -69, PART I (FOG SEAL) CONTRACT 1169 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 15 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, WE C. L. BROOKS CONSTRUCTION CO. AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND UNITED BONDING INSURANCE COMPANY , AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF FIVE THOUSAND SEVEN HUNDRED NINETY FIVE AND NO /100th:DOLLARS ($ 5,795.00 ), 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- TRACTOR$, FAIL TO PAY FOR ANY MATERIALS, PROVISIONS, PROVENDER, OR OTHER SUPPLIES, OR TEAMS, USED IN, UPON, FOR, OR ABOUT THE PERFORMANCE OF THE 'WORK CONTRACTED TO BE DONE, OR FOR ANY OTHER WORK OR LABOR THEREON OF ANY KIND, OR FOR AMOUNTS DUE UNDER THE UNEMPLOYMENT INSURANCE CODE WITH RESPECT TO SUCH WORK OR LABOR, THAT THE SURETY OR SURETIES WILL PAY FOR THE SAME, IN AN AMOUNT NOT EXCEEDING THE SUM SPECI- FIED IN THE BOND, AND ALSO, IN CASE SUIT IS BROUGHT UPON THE BOND, A REASONABLE ATTORNEYS FEE, TO BE FIXED BY THE COURT, AS REQUIRED BY THE PROVISIONS OF SECTION 4204 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. PAGE 6 (LABOR AND MATERIAL BOND - CONTINUED) THIS BOND SHALL INURE 10 THE BENEFIT OF ANY AND ALL PERSONS COMPANIES AND CORPOR- ATION ENTITLED TO FILE CLAIMS UNDER SECTION 1192.1 OF THE CODE OF CIVIL PROCEDURE SO AS TO GIVE A RIGHT OF ACTION TO THEM OR THEIR ASSIGNS IN ANY SUIT BROUGHT UPON THIS BONDS AS REQUIRED BY THE PROVISIONS OF SECTION 4205 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. AND THE SAID SURETY, FOR VALUE RECEIVEDp HEREBY STIPULATES AND AGREES THAT NO CHANGE p. EXTENSION OF TIME$ 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 BONDp AND IT DOES HEREBY WAIVE NOTICE OF ANY SUCH CHANGES EXTENSION OF TIMES 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 INDIVIDUALO,IT..- IS AGREED THAT THE DEATH OF ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY FRO ITS OBLIGATIONS UNDER THIS BOND - IN WITNESS.WHEREOFO THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL ANn SURETY ABOVE NAMED) ON THE .6th DAY OF August 196. APPROVED AS TO FORM: CITY IPTORNEY C. L. BROOKS CONSTRUCTION CO. (SEAL) (SEAL) CONTRACTOR UNITED BOOM INSURANCE COMPANY, '(SEAL BY (SEAL) 7GEOORRWBALOVICR ATTORNEY -IN -FACT (SEAL) SURETY - THIS.SONb WAS-APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON i DATE ATTEST: CITY CLERK ACKNOWLEDGMENT OF SURETY (by Attorney -in -Fact) STATE OF CALIFORNIA COUNTY OF LOS ANGELES I On this _k _day of AuPJIBt ,A.D- 19_6a_, personally appeared before me George Balovich , who being duly sworn did depose and say that he is the ATTORNEY -IN -FACT of the UNITED BONDING INSURANCE COMPANY of Indianapolis, Indiana, that the Seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and further acknowledged that he exec aid instrument as such ATTORNEY -IN -FACT ane as the free act and deed of said Corporatio -7 �CAplrrlfprirrp iP.pir39!,n „jrx'l2lyljyl] OFFICIAL SE4 +� JANE KEPNER Notary iP+d(JTd4RY �F'Id BLIC- CALIFORNIA p LOS ANGELES GO�JJViY� My commission expires ' My Commission Ehpini Wwt. M 1'969 �nprnnnrmnnrmm /pg111t11111tlNIMM1MX • PAGE 7 PERFORMANCE BOND Bond No. CP 38513 KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED July 22, 1968 " HAS AWARDED TO C. L. Brooks Construction Co. HEREINAFTER DESIGNATED AS THE I�PRINCIPAL", A CONTRACT FOR SEAL COAT PROGRAM, 1968 -69, PART I (FOG SEAL) CONTRACT 1169 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, C. L. BROOKS CONSTRUr.TTON r.0_ AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR"" AND UNITED BONDING INSURANCE COMPANY AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF FIVE THOUSAND SEVEN HUNDRED NINETY FIVE AND NO /labOLLARS (8 5.795.00 ), SAID SUM BEING EQUAL TO 50% OF THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID 110. THE SAID CITY OR ITS CERTAIN ATTORNEY, ITS SUCCEIM S, AND ASSIGNS; FOR WHICH PAS'- 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 SMALL 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. (PER-FORMANCE BOND - CONTINUED) 11 PAGE 8 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 O WORK T 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 6 DAY OF 'August 196. APPROVED AS TO FORM: TY ATTOR i 0 C. L. BROOKS CONSTRUCTION CO. (SEAL) BY C� oL '/-✓ J (SEAL) (SEAL) CONTRACTOR UNITED BONDING INSU MIN CE COMPANY (SEAL) BY o - ..- .�6;�, i.a..�A _ (SEAL) URETY GEORGE BALOVICH,.ATTORNEY IN FACT �rrt- 1 t ACKNOWLEDGMENT OF SURETY (by Attorney -in -Fact) STATE OF rALIFO IA COUNTY OF LOS ANGELES l On this _.L _day of August ,A.D. 19 68 , personally appeared before me Georve Balovich , who being duly sworn did depose and say that he is the ATTORNEY -IN -FACT of the UNITED BONDING INSURANCE COMPANY of Indianapolis, Indiana, that the Seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and further acknowledged that he executed a instrument as such ATTORNEY -IN -FACT and as the fr��S �G,� aoodlvle' /8 said Corporation. Ipllnllnn4llln f NOTARY hU -�Li LUS ANGELES COUNTY Notary Public ' p8. - 1969 — uy Com mis s'lo,e Ex p�rxs March ._ ... ......nun,e,ulnllunllljj1ppppO� My commission expires; UNITED BONDING INSURANCE COMPANY CP 38513 HOME OFFICE: INDIANAPOLIS, INDIANA Irrevomide Cutified Copy of . POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the United Bonding Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana and having its principal office in the City of Indianapolis, Indiana, does hereby nominate, constitute and appoint: Bert J. Leavitt or Robert M. Jones or George Balovich off Los Angeles, California its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed (provided an individually numbered copy of this Power of Attorney, specifically authorizing the execution of the bond or undertaking is attached to such bond) any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee) provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: .'1'81' Ali "Bfl fIS: it ♦1 iii 11 It :n This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the. Board of Directors of United Bonding Insurance Company at a meeting duly called and held on the 21st day of April, ISM. "Article VI, Section 7. The President shall have power and authority to appoint, or delegate to other Corporate Officers, the appointment of ... Attomey(s) -in -Fact, and authorize them to execute, on behalf of the Company as Surety, bonds and undertakings, recogniraacm can - tracts of indemnity, and other writings obligatory in the nature thereof; and he may at any time in his judgment remove any such appointee(s) and revoke the authority given to them; but if the President issues certified copies of such Powers of Attorney stated to be irrevocable within a designated period, such authority shall continue until the Expiration Date specified in such Certified Copies of Power of Attorney; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding an the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached." IN WITNESS WHEREOF, United Bonding Insurance Company has caused its official seal to be hereunto sfficed and these presents to be signed by its duly authorized officers th;a 10th day of June jaw THIS POWER CAN BE USED ONLY ONCE AND IS VOID IF ALTERED OR NOT USED STATE OF INDIANA SS: COUNTY OF MARION BY JUL 2 4 1969 Srp;rstim Date BONDING INSURANCE COMPANY , wro,4 .. 8` jW7, -� W �t3� tea° �� President pa r>,;. 21Fth day of JU17 A. D. 19 --§�, before the subscri . a Notary Public of the State of Indiana. in and for the County of Marion, duly commissioned and qualified, came FRANK E. WRIGHT of UNITED BONDING INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the original of the preceding instrument, and he acknowl- edged the execution of the same, and being by me duly sworn, deposed and. said that he is the officer of the said Company aforesaid, and that the seal affixed to the original instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article VI, Section 7 of the By -Laws of said Company, referred to in the preceding instrument, is now in force; and that this preceding Certified Copy of said Power of Attorney, with Company's Corporate Seal imprinted thereon, is irrevocable prior to the aforesaid date limiting the time within which it may be used. IN TESTIMONY WHEREOF; I have hereunto set my hand, above written. STATE OF INDIANA I SS: COUNTY OF MARION J and affixed my Official Seal al G RTIFICATION the City of IInn�dianaap -ol* the day and year first Notary Public, Marian County, Indian My commission expires December 29, 1999 I, Bok R Park, as Assistant Secretary of the United Bonding Insurance Company, an Indiana Corporation of Indianapolis, Indiana, do hereby certify t the above and foregoing is a full, true and correct copy of a Power of Attorney issued by said Company, and said Power of Attorney is s ' in full force and effect and has not been revoked. IN WHEREOF, I have hereunto set my hand, affixed the Seal of said Company, in Indianapolis, Indiana, on a (o daY 19 42$. a Frnn 0325 R2 .. - a - i PAGE 9 NON - COLLUSION AFFIDAVIT THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESf�NT 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 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 TH.IF_r BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVER, WITH ANY PERSON WHOMSOEVER TO PAYS DELIVER TO,.OR SHARE WITH ANY OTHER PERSON IN ANYWAY OR MANNER, ANY OF THE PROCEEDS OF THE CONTRACTS SOUGHT BY THIS 510. (s) C. L. Brooks - owner C. L. Brooks SUBSCRIBED AND SWORN TO BEFORE ME - -- ^-� THIS 9 DAY OF July 196 8. MY COMMISSION ExPIRES: (s) Wayne C. Lyle Sr. NOTARY PUBLIC Wayne C. Lyle Sr. Notary Public - California Pri nci pal. Off i ce in Riverside County Nay Commission Expires March 14, 1970 FOR ORIGI* COPY SEE CITY CLERK'S FILE C� • 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., EXPERIENCES SKILLI.ANO 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. Sealcoating on.City Streets - Buena Park - 1967 Sealcoating on Streets & Parking area - Los Angeles Air Force Station - 1967 Sealcoating on Dark roads - Clevland National Forest - Dept. of Agriculture - 1968 (s) C. L. Brooks SIGNED • 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 f HEREINAFTER ESIGNATED AS THE CITY, PARTY OF THE FIRST PART, AND C' L. Brooks Construction Company HEREINAFTER DESIGNATED AS THE CONTRACTOR, PARTY OF.THE SECOND PART. . WITNESSETH. TNAT THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS; I. 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 SEAL COAT PROGRAM, 1968 -69, PART I (FOG SEAL) CONTRACT 1169. 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. 2/.7/67 PAGE 12 5. PURSUANT. TO THE LABOR CODE OF THE STATE OF CALIFORNIAjo THE CITY COUNCIL HAS ASCERTAINED THE. GENERAL PREVAILING RATES OF PER DIEM WAGES FOR EACH CRAFT OR TYPE OF WORKMAN NEEDED TO EXECUTE THE CONTRACT AND A SCHEDULE CONTAINING SUCH INFORMATION IS INCLUDED IN THE NOTICE INVITING BIDS AND IS INCORPORATED BY REFERENCE HEREIN. 6. THE CONTRACTOR SHALL ASSUME THE DEFENSE OF AND INDEMNIFY AND SAVE HARMLESS THE CITY,, THE DIRECTOR OF PUBLIC WORKSp AND THEIR OFFICERS AND EMPLOYEES, FROM ALL CLAIMS$ LOSS2 DAMAGE, INJURY, AND LIABILITY OF EVERY KINDS NATURES AND DESCRIPTION, DIRECTLY OR INDIRECTLY ARISING FROM THE:PERFORMANCE OF THE CONTRACT OR WORK$ REGARDLESS OF RESPONSI- BILITY FOR NEGLIGENCE; AND FROM ANY AND ALL CLAIMSO LOSS$ DAMAGE$ INJURY AND LIABILITY HOWSOEVER THE SAME MAY BE CAUSED.. RESULTING DIRECTLY OR INDIRECTLY FROM THE NATURE OF THE WORK COVERED BY THE CONTRACT$ REGARDLESS OF RESPONSIBILITY FOR NEGLIGENCE. IN WITNESS WHEREOFp THE PARTIES HERETO HAVE CAUSED THIS CONTRACT TO BE EXECUTED THE DAY AND YEAR FIRST ABOVE WRITTEN, CITY OF NEWPORT O' MAYOR ATTEST: CITY CLERK CONTRACTOR n (SEAL) BY: r. BY: APPROVED AS TO FORM: TY ATTO Y _ __ - TITLE TITLE if Z �am SPECIAL PRO IONS ----_------ -SEA k: _1968,69 X�m.C.AT PROG"t - f. 7f PAIR (FOG SE CONTRACT 11619 bb The work to lie don of various stre*ett--In the Newport Shof.eb, .Dbver-Shqi6q-,i I�stbluff -and k Newport Pier.Areas, in the City of Newport Be ow h nzoift:Drawing No. R75125-3i . . . . . . . . . . . .. ....... - The Contract requireis-All labor, materials, transporta -idii f an d equipment ti . falie necessary to. complete .ail work as shown on thef:Plahs and Iti,`afcci r o d"C with the City' Sta0mdA_ Ve xcetwo applicable . portions 70i ihe� 5 cif t O'� , -ta e of California, part f Hi at Public me., of bli&:W0jkj-j*-'Di a Stin way Specifications. dated I and theare speciai'j� VII in y, 1964 _X0 'alone, 21. CONDUCT OrI.WORK. The -and Contr - actor shall maintaiti.the. vario"Job sites iori:oiat7 orderly : . .. . . . . 7 condition at all times i returning l 6 their norinil-uselas- soon fag a atfreldfts:to J, as Possiblei...Barricades warning employed -' 6 required. a , oi insureAhe public nvf4h rA66 and fetyi-blall times.. co b 3. TIME OF: C014 P _j4ETION The Contractor shAll.commence workwithin Ave(s)" dayfivafter -execution of the Contract by this AC# have ,co� 411-workorutlifned y and er h ein within forty fiv 4. SCHEDULE" The Contractor shall submit a..sidh edulid . of work to the City within I I t din 10_ days after award of the Contract by tile' '.City Council: No work shall begin until the entire. schedule j*,approved, *il,writtagi by the Ctty. The -c sa t At z A 3 F 1 t k 3 ' via i It properly ivitii'due regard to the righ #a of the pub', All pavement'areas to: which sealcomiag rr►ater a moat be coiplbtely bar4ricaded ta, prohibit vehic the final ,cleaning, material glaceuxent, an_d curio Contractor shall aIsaprovide and station somge! e least °,pods bI uader con- a caa ptosecntor directing the tnovemeat'of traf &c though or ;arousd1he it directed by the Engineer. The Contractor shalt: - `schedule bra operations ao that; all "s' Opened to'traffic at the end of the 6tkiue day exce st whet ' Y�'b �J fi �, fiY #P J.SifYV L _ .S NO AP WIN d' cloilviiii� MAN ;t 1 ,. ;i 5 is — S r. Fit M! it k ..e 5+ � L � Y 3 12811 ANY" S voila T x E� .y Y d' 1 ;i i {{i ,i is — Coptxaetor shall di.stribute'Siritten riofisea, ;£ucsn t when:liis' opera, onj� ref, start a end3 and alertia; eet at a time :oar any ed.£or weeii, s. :. �® eery, :; Btar�eg a S�aolY �AA310 _ a�lei!$ �� Sf+$talpa E r�get $CSO st, <3 Catiirghor St'r'eet E4,461 f- 33rire: f h3artherly to�jm K • : The Contractor shall' maintain a aunimum of. one ti .both directions ou the faYl6,wi . ° streets• Balboa Boulevard Newport Boulevard E:aetblu# Drive from ,TaTnbo'ree Road Ner 1f, id:the opinion of the Engit eery to st4nuea. traffic ':' Contractor shall iof.?sea3 more tsan`dne -half of t6 of the r "einaiuizig streets ,not designated herein. All necessary barricades; and othex':arequsred,traf flagmen shall be furnished by the Goutractor, and . included in tho price -bid for,the .cuntracR iieiztsa -. 6. P�YAdE:NT The .unit price'.bid for tius work ahail_iacl�ieke k„ labor, materialsy equlpmeat: and iranapotatian killing, clearsing, and•`seal coating the asphalt pave 7. GUAE:E The Contractor. ahall;,gnarante$ all aiateriala and;tv of one :year'a €ter acce}rtaace of the c ntrxct',liy the, 8. NOTIFICATIOhT; TQ, IZSJDEAtTu `,. Twenty- Four {24j hoiira, in advance of Rpglyiag tile:. Coptxaetor shall di.stribute'Siritten riofisea, ;£ucsn t when:liis' opera, onj� ref, start a end3 and alertia; eet at a time :oar any ed.£or weeii, s. :. �® eery, :; Btar�eg I �` '• �. :' -" .ads �� ,}3 14 .. �! r a � I , .. .. ... '.' ....:. �. ate.. •, � . -.. �: f:5:. ._':._ .t% y" ... V � I yC fk st- YY 4.-r �l k� tt A y .: i yg� ' n w "'It : F e ^n g ti o yy� ^sc i s r y c S t -`mss a:: -':.:. � •..: i r., .17 .. . .r^3 Tv b.' i r I pp GC AR The Contra`otbr sha l spray al vage i et grQwi�sg ar at #ha adgae of, - the asphaltxs:paveYnents with.:a iiexbiOde rnj#ure ate ` Wed hexeint The spraying ;$hall be' performed a.miaimuszi'of thixtp 130) Bays prior, to - . the; ixsoval 'of'the.vegetation:aad`final cleai►ing opex�!tione'., ". The proportioning of'ehemical's in the herbucide miittaxe shall be 40 follows:... 10 pounds t'Dowpon "- or' Dalapon„ : t 7 ;pounds "AminotriazoL' " ,: or Weedazol't or "Amitrol T"' 6 ounces Pont "Du Wetting Ageat' and Spreader" os IX -77 %Spreading Agent"' 1'00 gallons Water. "Dow on" and "Dalapon" are "manu#'attured by Dow Ghe�sucai Company, Midlands,. Michigan. and are tinanufactured b}* American Cyanamide' "Aminatriazol" '. u Company, Princeton, ;AFew leiaey, "Amitrol -T " is manufactured by 1lmeheu Products'nc , Arizber, Pena M. The. mixture shall be sprayed on the`vagefaton in a'.tnadoer, :that will result -in complete wetting.of, the pinata .The amount o€ wetting agent may be adjusted, ; eni ling the herbicide mixture to spread :eveaiy_ over the leaves sprayed aid avoid'beadiag on of andaag off xhe plant leaves, „ : " Special precautYOnsF,_as _ specified . by; manufacturer, shall be exercised , in: haAdligg .thi. mixture and in spraying naat, lawn aacl ahrniis, etc '.:on a :_. private property Dare shall : -be exi�, rciRed while sp'ra*; g 1p avoid:, concentrations; excessive runo# #, hawing";:, ,etc of ;tai lieseb#cide mixture Thirty (30) days of ter'; spraying the i imfbi ids '_miecta e, slx dead or still _ living vegetation shall'. be removed _and dieps�ae8 of Tway from.tha .a`sphaltc.: pavement surfaces to be sealed. , .. _:: 9 0 s s i C� etc. to assure adherance and penetration of the material to the pavement surfaces. 11. SEAL COAT MATERIAL A. Specifications Fog Seal - The seal coat agent to be used shall be a mixing type emulsion (SS-1h), paving asphalt grade 60 -70, conforming to all applicable portions of Sections 37 -1 and 94 of the State Standard Specifications. Water shall be added to the concentrated undiluted asphaltic emulsion in such proportion that the resulting mixture will contain not more than 40 percent of added water. It is anticipated that the percent of water added will range between 20 and 40 percent of the resultant applied mixture. The exact quantity of added water will be determined by the Engineer. B. Water If the Contractor desires to use available City water, it shall be his responsibility to make arrangements for water purchases by contacting the City's Utility Superintendent, Mr. Phillips, at (714) 673 -2110, extension 74. C. Time of Application Application of seal coating materials shall be confined to the hours of 8:30 A. M. to 3:00 P. M. , Monday through Friday. No work shall be done on September 2, 1968. Adverse weather conditions shall suspend seal coat operations when, in the opinion of the Engineer, continuation of operations would cause unsatisfactory results in the completed work. The seal coat materials shall not be applied when the atmospheric temperature is below 650F. Special Provisions - 5 s F7 14 — r r ri i I i j iY F ° r� i " I i I. i i .._ • i D. Method of Application The seal coating agent l be applied by means of a pressure type distributor truck with insulated tanks and in conformance with Sections 93 -1.03 and 94 -1. 03 of the State Standard Specifications. Special Provisions - 6 n ...: y , ,u. �. r�. x S F! 3 t Y. L x m R S y.weS M A'i uy E S i i z g�4JY 4iC�y iS Ir T. xF y r z Y ^f 4 o pp�. Mull & Vnawfud! CERTIFICATE OF INSURANCE CITY OF NEWPORT BEACH CITY HALL 3300 WEST NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA RECEIVED AUG 0 81968 PUBUG WORKS DEPT. THIS IS TO CERTIFY as to the existence of insurance, as of the date of execution hereof, with Harbor Insucawae Company, as described below: Name of Assured: C. L. BROOKS, INDIVIDUAL AND DBA BROOKS CONSTRUCTION CO. Address of Assured: 2045 WEST WASHINGTON AVENUE, SAN BERNARDINO, CALIFORNIA ADDITIONAL INSURED: CITY OF NEWPORT BEACH BUT ONLY AS RESPECTS WORK PERFORMED FOR THEM BY THE NAMED INSURED UNDER CONTRACT 1169, SEAL COAT PROGRAM, 1968 -69, PART I (FOG SEAL). Location of Risk: Kind of Insurance: CCMPREHENSIVE GENERAL LIABILITY INCLUDING AUTOMOBILE Policy No. 106430 period from JUNE 1, 1968 to JUNE 1, 1969 Limits: Bodily Injuryeach person $500,000.00 OCCURRENCE each4@C $500,000.00 aggregate $ 500,000.00 Property Damage each accident $100,000.00 aggregate $ 100,000.00 APPROVED AS TO FOAM Kind of Insurance: Dafed :/ 3 6 8 CITY� Policy No. period from �Nl �to By % Limits: Bodily Injury each person $ " °'' °'•.» ..„, �,wy each accident, $ aggregate __: $ Property, Damage —each accident ; $: aggregate . $ ' Kind oflnsurancp: Policy No.: ., period from to Limits: It is hereby understood ari@15 at the certificate holder will be given ten (10) days written notice beforeDrE�AZRCon of coverage or cancellation of this insurance is effective. (SEE REVERSE SIDE) Dated at LOS ANGELES, CALIFORNIA PKM:vki U 6002H -CFS 15M 267 this SIXTH 632 -22i 1 day of AUGUST, 1968 SWEEETT & CRAW ORD By IT IS HEREBY UNDERSTOOD AND AGREED THAT THE POLICY TO WHICH THIS CERTIFICATE REFERS MAY NOT BE CANCRtLED, MATERIALLY CHANGED, NOR THE AMOUNT OF COVERAGE THEREOF REDUCED, NOR THE POLICY ALLOWED TO LAPSE UNTIL TEN (10) DAYS AFTER RECEIPT BY THE CITY CLERK OF THE CITY OF NEWPORT BEACH, CITY HALL, NEWPORT BEACH, CALIFORNIA, OF A REGISTERED WRITTEN NOTICE OF SUCH CANCELLATION OR REDUCTION IN COVERAGE. r 'yep 7/22/68 (10) 2 3 4 5 6 7 8 10 11 12 ON 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 asournm jo, 6832 A XLSMXTUM OF Crry CWWXL eff ME *IT Or MWORT UACH *ARDIM A OWN= YOR TU WAL CM ?RQMRAM* M84% PAM I (IW MAL)* C-1169 WWREAS, pursumet to Ow motive inviting bids fow work conaistift of thtt seal seat prog-roel, L%"g, part I (Fee 3"09 in the city Of &T"ovt A"O'ho in amemmeme with the Pl=$ said opeettloationt beroftfore adopto4g bids were ro"LV*4 OR the 12th day if Julys 1568, and publicly opened and 4*eUw*dl and WWJSAS* it appears that the lowest responsible bidder theretor to C. L, aro"s aoustructim Oomp"Y1 NWo TOLMYM* BE IT NUMM that the bid of C. L. Brooks i;omstxuattm CompW for the work in the amount of #11s$90.00 be ac"ptod and that the oontroat for tto covxu4motion weft be owa%4*4 to said bidder* U IT MMM USOLVRD that the V479t =4 city Cloru are hereby wAthorived and directed to execute a controot In accordance with the opecift"tLonog bid and this award on be- half of the City Of Newport B"Ohl, and that tier City Clark be directed to furnish an executed a*" to the successful bidder. I ATTEST: x Yv� : * 77. ,,r low GLICY 9 0 Date August 16, 1968 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1169 Project Seal Coat Proarem 1968 -69 Part I (Pog Seal) Attached is signed copy of subject contract for transmittal to the contractor. Contractor: C. L. Brooks CrnstxtAction Campaery Address; 2045 West Washington Strwt, San BeraWdino, Calif. 92405 Amount: $ 17 �rgQ_00 Effective Date: August 169 1968 Resolution No. 6832 Laura Lagios LL:dg Att. cc: Finance Departmentm .. August 14, 1968 T0: CITY CLERK FROM: Public Works Department SUBJECT: SEAL COAT PROGRAM 1968 -69, PART I (Fog Seal) C -1169 Attached are three sets of Contract Documents and one set of Insurance Certificates for the subject proj.ect.' These documents have been reviewed and approved, as noted, by the City Attorney's office. When all documents have been executed by the Mayor and your office, please retain your copy and return the Contractor's and Public Work's copies to me. M�� Derek H. White Design Engineer.., DHW /ldg Att. E '. 6 TO: CITY COUNCIL FROM: Public Works Department 41 X 5 9 July 22, 1968 SUBJECT: SEAL COAT PROGRAM, 1968 -69, PART I (FOG SEAL) CONTRACT 1169 RECOMMENDATION.: G3 Adopt a resolution awarding the contract to Brooks Const. Co. for $11,590.00 and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Six bids were received and opened in the office of the City Clerk at 10:00 A.M. on July 12, 1968. BIDDER TOTAL Brooks Const. Co., San Bernardino $11,590.00 Griffith Co., Costa Mesa 12,350.00 Chamber Mix Concrete, Stanton 13,984.00 Lynam -Wood, Corona del Mar 14,022.00 Nato Corp., Long Beach 14,155.00 R. W. McClellan, Costa Mesa 21,546.00 The low bid is 17% less than the Engineer's estimate of $14,000.00. Funds available are: GENERAL FUND - STREET PROJECTS (Non -Gas Tax) 1968 -69 Annual Street and Alley Seal Coating Program 1968 -69 $13,000.00 The total estimated cost of the project is: Contract amount $11,590.00 Contingencies 1,410.00 3, 0 . The areas to be Fog Sealed include portions of Newport Shores, Old Newport, Dover Shores and Eastbluff. It will be necessary to close these streets for varying lengths of time. Prior notice will be given to all residents affected by the work. The work will be coordinated to the extent possible with summer traffic needs. It is emphasized, however, that there will be some unavoidable inconvenience to motorists. The plans were prepared by the City. The estimated date of completion is September 20, 1968. eph T. Devlin lic o ks Director ldg COUNCIL: _ � Dj$POS1T, ION: FILE: July 23, 1968 NATO Corporation P. 0. Box 7707 Inng Beach, California Attenticn: Mr. Herbert F. Murphy Gentlemen: Enclosed is ycuRCxirtiiied check in the amount of $2600 ,Rich acoomp8►ied your bid proposal in lieu of a Bidder's Bond, for Seal Coat Program (Fog Seal) C -1169. Very truly yours, Laws, t agios City Cleric City of Newport Beach II:ih Enc. cc: Public Works Tutor Attn: TvxeR:.WI4te I r, NOTICE TO BIDDERS: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 1169 FOR SEAL COAT PROGRAM, 1968 - 69 PART. I (FOG SEAL) ADDENDUM NUMBER 1 July 2, 1968 PLEASE ADD: 11. SEAL COAT MATERIAL E. Rate of Application Application shall be such that the original undiluted emulsion will be spread at the rate of 0.08 to 0.10 gallon per square yard, the exact amount to be determined by the Engineer. Please show date of receipt of this Addendum on the Proposal or insert a copy with your proposal. i Benjamin B. Nolan Assistant Public Works Director t. .-WI-ROOKS CONSTRUCTION CO. 1095 W. WASHINGTON AVE. SAN RERNARDINO, CALIFORNIA 91905 JF -�:., ,_, yr � �: ;; -; -.F, s ,. ; a -- >t yr � 0 1 0 CITY OF NEWPORT BEACH SEAL COAT PROGRAM, 1968 -69 PART I (FOG SEAL) CONTRACT NO. 1169 PROPOSAL To the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: The undersigned declares that he has carefully examined the location of the work, has examined the Plan and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furnish all labor, materials, equipment, transportation, and services necessary to do all the work required to complete Contract No. 1169, in accordance with the City of Newport Beach Drawing No. R- 5125 -S, the City's Standard Drawings and Specifications, and the Special Provisions, and that he will take in full payment therefore the following unit price for the completed item of work, to wit, ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 38,000 EMULSIFIED ASPHALT GALLONS (SS-1h) FOG SEAL COAT COMPLETE IN PLACE Dollars —� and ✓ CQ tp Cents $ o5 $ 111 59o.00 per gallon TOTAL PRICE WRITTEN IN WORDS Dollars TOTAL and Cents $ //, S90, oo f 1- F fu t k Ke _ ter', 4, r I United Anding Jnjurance Company 3909 NORTH MERIDIAN STREET INDIANAPOLIS, INDIANA 46208 BID OR PROPOSAL BOND BONO#CP 37393 KNOW ALL MEN BY THESE PRESENTS, That we, C. L. BROOKS of SAN BERNARDINO, CALIFORNIA (hereinafter called the Principal), as Principal, and the UNITED BONDING INSURANCE COMPANY, an Indiana Corporation, of Indianapolis, Indiana (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH, CALIFORNIA (hereinafter called the Obligee) in a sum equal to 10 % of the accompanying bid of the Principal, not however, in excess of TWO THOUSAND FIVE HUNDRED AND NO /100ths - - - - - -- (,$ 2,500,00 )DOLLARS, for the payment of which, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and their assigns, jointly and severally, firmly by these presents. SIGNED, SEALED, and DELIVERED this 12th Day of JULY 19 fib THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: FOG SEAL (BR) NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted there- for, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof; and if the Principal shall give bond or bonds for the faithful performance thereof, and /or for payment for labor and materials going thereinto, as in the specifications or contracts provided; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void; otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced, hereunder unless the award on the basis of said bid shall have been made within sixty (60) days after the formal opening of said bids; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months after the conditions of this obligation shall have been breached, or, in any event, within twelve (12) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. IN WITNESS WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed, by duly authorized officers or representatives, the day and date first above written. UNITED BONDING INSURANCE COMPANY (SEAL) C. L. BROOKS 1!Z146 4 BY oC ) By ATTORNEY -FACT FOR SURETY (SEAL) PRINCIPAL (SEAL) Bert d. Leavitt FORM C -24SR (6- 15 -64) STATE OF COUNTY OF California Los Angeles ACKNOWLEDGMENT OF SURETY (by Attorney -in -Fact) On this 12 day of July ,A.D, 19 64 personally appeared before me Bert J. Leavitt , who being duly sworn did depose and say that he is the ATTORNEY -IN -FACT of the UNITED BONDING INSURANCE COMPANY of Indianapolis, Indiana, that the Seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and further acknowledged that he execute instrument as such ATTORNEY- IN-FACT and as the free act and deed of said Corporation: •mrmrn,e �Or�t SEM-1 Notary Public l r' WCP ER -� = �—� ws ,. `•`i1i' NM My commission expires; UNITED BONDING INSURANCE COMPANY CP 37393 NOW OOFFICE: MIAXAMLIS, INDIANA , Inavocable cartised copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the United Bonding Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana and having its principal office in the City of Indianapolis, Indiana, does hereby nominate, conaUttite and appoint: Bert J. Leavitt or Robert )L Jones or George Balovich of Los Angeles, California its true and lawful agent and attorney-hi-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed (provided an individually numbered copy of this Power of Attorney, specifically authorizing the execution of the bond or undertaking a attached to such bond) any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship (NOT INCLUDING bonds without a fixed penalty or financial guarantee) provided, however, that the penal a= of any one such instrument executed hereunder shall not exceed the sum of-. =1 l 1111111111111i r !11l!111;p I I' ll, , =#=40 mmr� This Power of Attorney is granted and Is signed and sealed by faftlinde under and by the authority of the following Resolution adopted by the Board of Directors of United Bonding Insurance Comparty at a meeting duly called and held on the 21st day of April, I=. "Article VI, Section 7. The President shall have power and authority to sppoiut, or delegate to other Corporate Officers, the appointment of ... Attorney(•)-in-Fact, and authorize them to execute, on behalf of the Company as Surety, bonds and undertakings, recogmizances, con- tracts of indemnity, and other writings obligatory in the nature thereof; and he may at sal time in his judgment remove any such appotatel and revoke the authority given to them; but if the President issues certified copies of such Powers of Attorney stated to be irrevomble within a designated period, such authority shall continue until the Expiration Date specified in such Certified Copies of Power of Attorney; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or situating officer, and the seal of the Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding an the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached." IN WITNESS WHEREOF United Bonding Insurance Company has caused its official seal to be hereunto affixed and these presents to be Al by its duly authorized officers this 10th day of June THIS POWER CAN BE USED ONLY ONCE JUN 2 8 1969 AM IS VOW W ALTERED OR Nor USED BY . 2xvirsuan me , .. . . U11g[EI) BONDING INSURANCE COMPANY ST ATX OF INDIANA COUNTY OF MARION President in a 1� of State 0. this 26Th A. D. L96&—, before the County of Marion, duly commissioned and qualified, came FRANK L WRIGHT of UNITED BONDING INSURANCE CO3VANY to me personally known to be the individual and officer described in, and who executed the original of the precedift'Instrument, and he admowl edged the execution of the same, and being by me duly swoon, deposed and, said that he !a the officer of the said Company aforesaid, and that the seal affixed to the original Instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signabire"is officer were.. duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that Article V7, Section 7 of the BY-Laws of said Company. referred to in the preceding instrument, is now. In force; and that this preceding Certified Cow of said power of Attorney, with Company's Corporate Seal imprinted thereon, is irrevocable prior to the aforesaid date limiting the time within which it may be used. IN TESTIMONY WHEREOF, I have hereunto set any hand, and affixed toy Official Sea] at the City of Indianapolis, the day and year first above written. Notary Public, Marion County, Indiana CZRTUNATION My commission expires December 29,.lM STATE OF INDIANA COUNTY OF MARION SS: 4 Bok K. Park as Assistant Secretary of the United Bonding Insurance Company, an Indiana Corporation of Indmirral Indiana, do hereby certify that the above and foregoing is a full, true and correct copy of a Power of Attorney =r= Coml and said Power of Attorney Is. still in full,force and.effect and has not revoked. in my 1, y hand, affixed the Seal of said Company, in Indianapolial on 0 7 —*7 2/7; /67 �. 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 SMALL 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 UNDERSIGNED IN MAKING UP THIS BID. THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT WITH NECESSARY BONDS WITHIN TEN (I0) 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. Qq O /bG, CLASSIFICATION C -/a ACCOMPANYING THIS PROPOSAL IS (CASH, CERTIFIED '.HECK, UASHIER'S'.HECK OR IN AN AMOUNT NOT LESS THAN 10 PERCENT OF THE TOTAL BID PRICE. THE UNDERSIGNED IS AWARE OF THE PROVISIONS OF SECTION 3700 OF THE LABOR CODE WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FOR WORKMEN'S COMPENSATION OR TO UNDERTAKE SELF - INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT CODE, AND AGREES TO COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE WORK OF THIS CONTRACT. 7 /Ll - sa l -bya7 - PHONE NUMBER JD (4 g Fla ('s DATE oZ oy5 wes= LttaShlLs*ok 5Y-, C4 8,�001<s Cow..pa4 _ BIDDER'S NAME (SEAL) AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE Sa l3e�ua.cl,wo , Ca/iF. 9aynr I Il+dlu I'd Va( BIDDER'S ADDRESS TYPE OF ORGANIZATION (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- PARTNERSHIPS • , 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 ENGINEERS 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. t ITEM OF WORK SUB- CONTRACTOR ADDRESS C. 1, Q "1 s �euS t ems, BIDDER'S NAME AUTHORIZED SIGNATURE 11n /4I u,i U.a f _ TYPE OF ORGANIZATION (INDIVIDUALO COPARTNERSHIP OR CORPCRATION) Dvcs u,. Sr, w. V� C InA LA1. U 0R 6 ADDRESS • • - PAGE 9 NON- COLLUSION AFFIDAVIT THE BIDDERS) BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESEWT 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 15 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 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 DAY OF U111) 196 -L. MY COMMISSION EXPIRES: WAYNE C. LYLE SR. F" NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN - O RIVERSIDE COUNTY My Cemmiubn ExPI)q March 14, 1970 r° 2 ?Li aJ OTARY PUB 1 • 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, SKILL,,AND BUSINESS STANDING.) THE UNDERSIGNED SUBMITS HEREWITH A STATEMENT OF HIS FINANCIAL RESPONSIBILIT.Y. THE UNDERSIGNED SUBMITS BELOW A STATEMENT OF THE WORK OF SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT WHICH HE HAS SUCCESSFULLY PERFORMED. Sc--dl Op a77 ilk ] 1467 C.Tti/ ScMCNfi$ UfLp ,I(� — I �`g1 C0. 1`'N� / y rjjNFP i$ f i d41CNA G4PA � �bs /r41P/PS /' ; F--CP Ste/ y7 ' �Q67 Oa 7'14i� OU /-park /`ee.1S '- �IPU�A es/ �A11ene� F6 --gr— SIGNED a � S 6 � d N O G m �Z N U Lail Q W L 1. a z ~off ►- L) w 4 O F W W I iIIINIIIIIIIafiIll�lulN IIIIWIWIIINIIIIIIIIIRIII@ IIA0II�IYIIIY�NIIBINI �imnamnmm�nnmme IIYI��IIIIIIIIII�N�INIY�i YI�YIII�IIYInYNINlIII� nn�mannrmunmu INI�NIUII�llpwll�r n�I�NNII�„�gll� 4 O F W W I 1. Apl:­^ee the Plans and Specifications. June 24, 1968 s (CONTiS 1169, 1170, 2. Authorize the City Clerk to advertise for bids to be opened on July 12, 1968 as follows: C -1169 at 10:00 A.M.— OL � C -1170 at 10:15 A.M. PaAlr -L C -1171 at 10:30 A.M. ?iSC; rSI(:N: This Program consists of three separate contracts based upon the use of three separate peal ;:dating materials known as Fog Seal, Gilsonite Seal, and Slurry Seal. 'he esvimated cost of the work is: CO C -1169 Fog Seal $14,000 FOS, I 20 C -1170 Gilsonite Seal 20,000 3J C -1171 Slurry Seal 22,500 $56,500 Funds available are: GENERAL FUND - STREET PROJECTS (Non -Gas Tax) 1968 -69 Annual Street and Alley Seal Coating Program 1968 -69 $54,000 PARK AND RECREATION GUND 1968 -69 Patch and Seal Coat Corona Del Mar Beach Parking Lot 2,500 $56,500 J to , IS /?, /P1 7_ (2 -L& The availability of the funds is contingent upon Council approval of these items as presented in the Capital Irt?provement Projects section of the 1968 -69 City Budget. These projects are being presented at this time because the nature of the seal coating materials is such that warm weather at the time of application considerably improves the results, and reduces the amount of time streets must be closed to traffic. The weeks required for advertising, award of contract, and preparatory work causes the timing to be critical. The projects are separated according to the materials used, se as to allow ccon*ractors td bid who may only work, with one or two of the materials. The contract work consists of applying weed killer, surface cleaning, and applying the sealant. The sealant varies according to the type, age, and /or condition of the various pavement surfaces. x= TO: CITY COUNCIL FROM: Public !Works Department SUBjit; AANUAL STREET AN : ;, ALLEY SEAL COATING PROGRAM 1968 -69; AND 1171) 1. Apl:­^ee the Plans and Specifications. June 24, 1968 s (CONTiS 1169, 1170, 2. Authorize the City Clerk to advertise for bids to be opened on July 12, 1968 as follows: C -1169 at 10:00 A.M.— OL � C -1170 at 10:15 A.M. PaAlr -L C -1171 at 10:30 A.M. ?iSC; rSI(:N: This Program consists of three separate contracts based upon the use of three separate peal ;:dating materials known as Fog Seal, Gilsonite Seal, and Slurry Seal. 'he esvimated cost of the work is: CO C -1169 Fog Seal $14,000 FOS, I 20 C -1170 Gilsonite Seal 20,000 3J C -1171 Slurry Seal 22,500 $56,500 Funds available are: GENERAL FUND - STREET PROJECTS (Non -Gas Tax) 1968 -69 Annual Street and Alley Seal Coating Program 1968 -69 $54,000 PARK AND RECREATION GUND 1968 -69 Patch and Seal Coat Corona Del Mar Beach Parking Lot 2,500 $56,500 J to , IS /?, /P1 7_ (2 -L& The availability of the funds is contingent upon Council approval of these items as presented in the Capital Irt?provement Projects section of the 1968 -69 City Budget. These projects are being presented at this time because the nature of the seal coating materials is such that warm weather at the time of application considerably improves the results, and reduces the amount of time streets must be closed to traffic. The weeks required for advertising, award of contract, and preparatory work causes the timing to be critical. The projects are separated according to the materials used, se as to allow ccon*ractors td bid who may only work, with one or two of the materials. The contract work consists of applying weed killer, surface cleaning, and applying the sealant. The sealant varies according to the type, age, and /or condition of the various pavement surfaces. x= 'aoe r Subject: Annual Street and Alley Seal Coating Program 1968 -5C; 'Contracts 1169,,117t` and 1171) The priority of the areas to be trealles been established in the Street and Alley Maintenance Study. wv The areas to be Fog Sealed include portions of Newport Shores, Old Newpart, "over Shores, and casthloff. -- The areas to be Gilsonite Sealed include portions of Old Newport, Lido Island, and (over Shores. The areas to be Slurry Sealed include portions of Newport Heights, Nest Newport, Back: Bad Orive, Eastbluff, Corona del Mar (alleys), Lido Island, and the Corona del Mar Beach Parking Lot. The parking lot will be Slurry Sealed after a leveling course of asphaltic concrete has been placed in the low spots. This work will be accomplished.:Jn the interim under separate contract. It will be necessary to close these streets and alleys for varying lengths of time. Prior notice will be given to all residents affected by the work. The work will be:.:. coordinated to the extent possible with sus er traffic needs. It is emphasized however, that there will be some unavoidable inconvenience to motorists. In particular, the work on the parking lot will be scheduled for the latter part of September. The estimated date of completion is October 1, 1968. `I 13f3.0 Joserh Devlin "ublic Works Director SAE hrO'KiCE . ;. d1�WaL t�i1Q�& 3' �NIMR Tt 'ui'e office of, the City Clerk, City Hall, Newport Beach, California, until 10:00 a.m., on the 12th day of July, 1968, at which time they will be opened and read, for performing work as follows: SEAL COAT PROGRAM, 1968 -69 PART (FOG SEAL) CONTRACT 1169 No bid 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 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 requir' completion and execution are the following: I. - Proposal 2. Page 3 - Designation of Suh- contractors 3. Page 4 - Bidder's Bond 4. Page 9 - Non- collusion Affidavit 5. Page 10 - Contractor's Financial Status The documents shall be affixed with the a ropriate signatures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required and the (:or- porate Seal shall be affixed to all documents requiring signa- tures. In the case of a partnership, the signature of at least one general partner is required. All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate oniv, being given solely as a basis for the comparison of bids. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Divi- sion 111 of Business and Professions' Code. The Contractor shall state his license number and classification in the propo- sal. Plans, Special Pro Pl5:on5, and Contract Documents mac be obtained at the Public "arks Department, Cite Hall, Newport Beach, California, at no cost to licensed contractors. A non- refundable charge of $2.00will be required for each set of plans, special Provisions, and contract documents for others than licensed contractors. It i� requested that the plans and special provisions be returned within 2 weeks after the bid opening. A non - refundable charge of $2.00 will be required for each set of City of Newport Beach Standard Specifications. The City of :Newport Beach reserves the right to reject anv or all bids and to waive any informality in such bids. In accordance with the provisions of Section 1770 of the Labor Code, the City ,Council of the City of Newport Beach has as- certained 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 has set forth these items in Resolution No. 6519. A copy of said Resolution is available in the office of the City Clerk in the City of Newport Beach. The following is the schedule of prey at l in g wa a rates, 1966- 6;, for a selective list of classifications. Tog ther with the information included in Resolution No. 6519, this schedule is to be considered a part of these contract specifications. Prevailing "age Oates - 1966 -67 Classification (Selective Listing) (511166) (5/1/67) Carpenters 4.83 Cement Mason Journeyman 4.60 4.84 Laborers General or Construction 3.70 3.85 .Asphalt Raker & Ironer 3.91 4.06 Flagman 3.70 3.85 Guinea Chaser 3.78 3.93 Laying of all non - metallic pipe 4.01 4.16 Tunnel l lassi fications Vibratorman, Jack Hammer, Pneumatic Tools, (except driller) 4.315 4.4445 Operating Engineers 17/1/66) (7/1/67) Oiler and signalman (Group 1) 4.38 4.53 Skip loader (Less % yd.) (Group 2) 4.62 4.77 Rodman and Chairman (Group 3) 4.86 5.01 Instrumentman (Group 4) 4.97 5.12 Grade Checker (Group 5) 5.16 5.31 Pavement- breaker operator (Group 5) 5.16 5.31 Grade -all operator (Group 6) 5.26 5.41 Teamsters (511166) (511167) Dump Truck Dris er (Less than 4 yds) 4.35 4.50 Water truck driver (2500 gal. to 4000 gal.) 4.53 4.68 Building and Construction trades (511166) (5/1/67) Bricklayer & Stone Mason 5.15 5.15 Electrician (711166) (7/1/67) Journeyman Wireman 6.11 6.55 (4/28/66) Lather 4.765 Painters (711166) (711167) Journeyman - Spray 5.22 5.33 Pi a trades plumber 5.55 5.64 Any classification omitted herein shall be the prevailing craft rate. Overtime, Sunday and, Holiday rates are at prevailing craft rates. ITq., ! QST HE CALIF hk ' ..�:( �9j 8 _ CC11 Farkr . iLf Jun 6' ..�'¢>ArvoY7uexml`• r i .LT J a • PAGE I -A (SHEET I OF 2) CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE CITY CLERK, CITY HALL, NEWPORT BEACH, CALIFORNIA, UNTIL10:00 A.M., ON THE 12th DAY OF July D 1968$ AT WHICH TIME THEY WILL BE OPENED AND READ, FOR PERFORMING WORK AS FOLLOWS: Seal Coat Program, 1968 =69 Part I (Fog Seal) NO 810 WILL BE RECEIVED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC WORKS 4j DEPARTMENT. EACH BID MUST BE ACCOMPANIED BY CASH, CERTIFIED CHECK OR BIDDERS 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 FOLLOWINGS I. PROPOSAL 2. PAGE 4 DESIGNATION OF SUBCONTRACTORS 3: PAGE j: - BIDDER'S BOND [I PAGE 9 - NON- COLLUSION AFFIDAVIT 5. PAGE 10 - CONTRACTOR'S FINANCIAL STATUS THE DOCUMENTS SHALL BE AFFIXED WITH THE APPROPRIATE SIGNATURES AND.TITLES OF THE PERSONS SIGNING ON BEHALF OF THE BIDDER. FOR CORPORATIONS, THE SIGNATURES OF THE PRESIDENT OR VICE PRESIDENT AND SECRETARY OR ASSISTANT SECRETARY ARE REQUIRED AND THE CORPORATE SEAL SMALL BE AFFIXED TO ALL DOCUMENTS REQUIRING SIGNATURES. IN THE CASE OF A PARTNERSHIP, THE SIGNATURE OF AT LEAST ONE GENERAL PARTNER IS REQUIRED. ALL BIDS ARE TO BE COMPARED ON THE BASIS OF THE ENGINEER'S ESTIMATE. THE ESTIMATED QUANTI- TIES ARE APPROXIMATE ONLY BEING GIVEN SOLELY AS A BASIS FOR THE COMPARISON OF BIDS. 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. THE CONTRACTOR SHALL STATE HIS LICENSE NUMBER AND CLASSIFICATION IN THE PROPOSAL. PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS MAY BE OBTAINED AT THE PUBLIC WORKS DE- PARTMENT, CITY HALL, NEWPORT BEACH, CALIFORNIA, AT NO COST TO LICENSED CONTRACTORS. A NON - i. REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS FOR OTHERS THAN LICENSED CONTRACTORS. IT IS REQUESTED THAT THE PLANS AND SPECIAL PROVISIONS BE RETURNED WITHIN 2 WEEKS AFTER THE BID OPENING. A NON- REFUNDABLE CHARGE OF '$2.00 WILL BE REQUIRED FOR EACH SET OF CITY OF NEWPORT BEACH STATNDARD SPECIFICATIONS. THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TOrWAIVE ANY INFORMALITY IN SUCH 8103. 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 PERFOhM£D FOR EACH CRAFT OR TYPE OF WORKMAN OR MECHANIC NEEDED TO EXECUTE THE CONTRACT AND HAS SET FORTH THESE ITrus IN RESOLUTION NO. 6519• A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE tCITY C IRK IN THE CITY OF NEWPORT BEACH. /. r • • July 2, 1968 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NOTICE TO BIDDERS: CONTRACT NO. 1169 FOR SEAL COAT PROGRAM, 1968 - 69 PART I (FOG SEAL) ADDENDUM NUMBER 1 PLEASE ADD: 11, SEAL COAT MATERIAL E, Rate of ApDlication Application shall be such that the original undiluted emulsion will be spread at the rate of 0.08 to 0.10 gallon per square yard, the exact amount to be determined by the Engineer. Please show date of receipt of this Addendum on the Proposal or insert a copy with your proposal. Benjamin B. Nolan Assistant Public Works Director 0 CITY OF NEWPORT BEACH SEAL COAT PROGRAM, 1968 -69 PART I (FOG SEAL) CONTRACT NO. 1169 PROPOSAL To the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: 0 The unders.gned declares that he has carefully examined the location of the work, has examined the Plan and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furs =..sh all labor, materials, equipment, transportat:ici., and services necessary to do all the work required to complete Contract No. 1169, in accordance with the City of Newport Beach Drawing No. R- 5125 -S, the City's Standard Drawings and Specifications, and the Special Provisions, and that he will take i . full payment therefore the following unit price for the completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION NO. AND UNIT UNIT PRICE WRITTEN IN WORDS 1. 38,000 EMULSIFIED ASPHALT GALLONS (SS-1h) FOG SEAL COAT COMPLETE IN PLACE @ LLs -DpxcJ Dollars and Ji i 7 Cents per gallon TOTAL PRICE WRITTEN IN WORDS &hr 1, , Dollars ' and �l yy Z� GC��O_� seJ Cents UNIT TOTAL PRICE PRICE $ 0.3ZS $ L,z.35o. cc TOTAL 2 ✓7/67 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 SIDDERO IN CASE OF A DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SMALL PREVAIL. IN CASE OF AN ERROR IN THE EXTENSION OF A UNIT .PRICE, THE CORRECTED EXTENSION SMALL BE CALCULATED AND THE BIDS WILL BE COMPUTED AS INDICATED ABOVE AND COMPARED ON THE BASIS.OF THE CORRECTED TOTALS. 4W I 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 EXECU7ING THE REQUIRED CONTRACT WITH NECESSARY BONDS WITHIN TEN (IO) DAYS, NOT INCLUDING SUNDAY., AFTER HAVING RECEIVED NOTICE THAT THE CONTRACT IS READY FOR SIGNATURE, THE PROCEEDS CF 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 CLASSIFICATION A.,SCI21BI,1010 ACCOMPANYING THIS PROPOSAL IS Bidder's Bold CASH., CERTIFIED CHECK,, CASHIER'S CHECK OR BOND IN AN AMOUNT NOT LESS THAN BO PERCENT OF THE TOTAL BID PRICE. THE UNDERSIGNED IS AWARE OF THE PROVISIONS OF SECTION 370C OF THE LABOR CODE WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FOR WORKMEN'S COMPENSATION OR TO UNDERTAKE SELF - INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF 'PRAT CODE, AND AGREES TO COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE 07 THE WORK OF THIS CONTRACT. KI 9 2291 PHONE NUMBER July 12, 1968 DATE P. 0. Box 395 GRIFFITH COMPANY BIDDER'S NAME (SEAL) AUTHOR I ZED S I GNATURE VICE- PRESIDENT // W AUTHOR I ZEDJ I G TU E ASST. SECRETARY Costa Mesa, California 92627 CORPORATION BIDDER'S ADDRESS TYPE OF ORGANIZATION (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-PARTNERSHIPS Ben P Griffith President 1001 Linda Flora Dr Los Angeles 90049 W R Mirams Vice President & Secretary 241 Via Genoa Newport Beach 92660 C F Rees Vice President & Treasurer 204 N Hillcrest B1 Inglewood 90301 J F Porcher Vice President - Construction 2921 Illinois Ave South Gate. 90280 Thelma M Barnes Assistant to President 401 S Burnside Los Angeles 90036 W I Gregory Jr Contract Officer -Asst Secy 4535 Carpenter Ave N Hollywood 91607 F C Rodenbrock Assistant Secretary 1603.,2 Silverwood Ter Los Angeles 90026 Bruce E Fuller Assistant Secretary 309 S Alexandria Ave Los Angeles 90005 L W Bunch Assistant Treasurer 411 Osborn West Covina 91790 ~ , * 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 3- 4. 5- 6. 7- 8. 9• 10. 12. GRIFFITH COMPANY BIDDER'S NAME AUTHORIZED SIGNATURE VICE- PRESIDENT CORPORATION TYPE OF ORGANIZATION (I NO IV I DUAL , COPARTNERSHIP OR COR PCRAT ION) P, 0, sox 395 Costa Mesa, California 92627 ADDRESS .i. r I • • PAGE 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, THAT WE, GRIFFITH COMPANY , AS PR I NC I PAL, AND THE A16RICAN INSURANCE COWAff , AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF ten -percent bid in J ` of he total amount-1 DOLLARS ($I&/ Of Bid 1, 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 Seal Coat Program, 1968.69, Part I (Fog Seal) IN TliE 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 BEANO 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 12th DAY OF July 1968. CORPORATE SEAL (IF CORPORATION) (ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) Pre■iun included. III BBSU. GRIFFITH COMPANY PRINCIPAL G � VICE - PRESIDENT THE AMERICAN INSURANCE COMPAWL SURE Y BY . J. Bolton TITLE Attorney III Fact State of California County 01T,08 Angelis On July 12, 1968 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared B. J. ft1ton known to me to be Attorney-in-Fact of TIM WERE' INSURM MANY '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 My Commission Expires- 360212--6-66 (unto set my jBand and affixed my official seal, the day and year stated in this certificate above. 44 MARY S. ;`BEE CFFICIAI, SEAL WNOTARY PUBLIC - CALIFORNIA otary Public AR" PRINCIPAL OFFIC= IN 01, LOS ANGELES COUNTY My Commission Expires Jan. 14, 1972 • • 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 ADOPTE HAS AWARDED T 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 i HEREINAFTER SET FORTH: NOW, THEREFORE, 'uE AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF OLLARS ($ ), 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 HEIR5, 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 BQND, 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. I LABOR AND MATERIAL BOND - CONTINUED) • PAGE 6. 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 TOTHE 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 AIT) 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 01, 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 15 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 h0. THE SAID CITY OR ITS CERTAIN ATTORNEY, ITS SUCCESSORS, AND ASSIGNS) FOR WHICH PA'_ 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. 0 ` • • PAGE H (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 APPROVED AS TO FORM: CITY ATTORNEY (SEAL) (SEAL) (SEAL) CONTRACTOR SURETY (SEAL) (SEAL) • • PAGE 9 NON- COLLUSION AFFIDAVIT THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRES!UT 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 TH.I:i BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVER, WITH ANY PERSON WHOMSOEVER TO PAY, DELIVER TO, OR SHARE WITH ANY OTHER PERSON IN ANYWAY OR MANNER, ANY OF THE PROCEEDS OF THE CONTRACTS SOUGHT BY THIS BID. SUBSCRIBED AND SWORN TO BEFORE ME.BY THIS 12th DAY OF July , 1968. MY COMMISSION EXPIRES: My Commission Expires September 10, 1971 GRIFFITH COMPANY VICE - PRESIDENT SST. SECRETARY C. F. Rees & W. I. Gregory, Jr. NOTARY PUBLIC BRUCE E. FULLER BRUCE E. FULLER NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY ASSETS —5417, Ls'Y -s ard on :E:- na 5009038.94 Accounts Receivable $4,224,724.40 Less Provisio.a for Doubtful Accounts 1319530.00 49093,194.40 Securities at 'lost 179,288.10 Inventories - Aaterial. and Supplies 157 „400.13 Street Improv. Assessments Receivable 931,098.26 Street Improv. Bonds 920169.19 Sundry Refundable Deposits 11„070.50 Miscellaneous ;Dotes Receivable 85,006.61 Advances on Uncompleted Contracts _264 TOTAL 3,197.,`? R:AL ESTATE IP ?1 ESTMENTS Real Estate Lots 29,077.91 Buildings and lmprotvments 184649018.77 Less fox- Depreciation 7558096,31 —2-08.2-922.46 TOTAL V-1. u!X, 9 6 ;'�::. LIABILITIES -- CAPITAL AND SURPLUS CURR„TTT .IAB,'LTT'1ES TOTAL :: 7,013,37(-•'9 { OT3ER ASSETS 183,788.44 Investments and Advances to Subsidiaries 27,255.00 Employees s;:_ r' *..gs Bond Account and Real Estate Joint Ventures 3939511.54 63x647.61. Less Prmision for losses 100.000.00 Mortgage Payak,.e - Real Estate 26,414.75 ' Federal In"ome Taxes Payable 293,511.54 Instal3ment Contrac s - Res._L ','state 3,802.;7 =.. 25,159.64 Second Mortgages - Real Estate Unpaid labor Drafts 12,186.24 Cash Surrender Value of L`i£e Insurance 19,380.63 325,970.00 � 251x625 35 TOTAL 65 6:,5 ' FIMC ASSETS oed ts Iaad rr P—& 3:Ltes 155,067.81 Autos and Trut;ks 28233,921.78 Less Allowance for Depri.ciation 19385,607.13 8489314.65 Equipment and Plants 48788,617.04 Less Allowance for Depret.iation 285948223.97 291949393- TOTAL 3,197.,`? R:AL ESTATE IP ?1 ESTMENTS Real Estate Lots 29,077.91 Buildings and lmprotvments 184649018.77 Less fox- Depreciation 7558096,31 —2-08.2-922.46 TOTAL V-1. u!X, 9 6 ;'�::. LIABILITIES -- CAPITAL AND SURPLUS CURR„TTT .IAB,'LTT'1ES Ac oun a Z«; nixie 2,403,122.83 183,788.44 Due Of ix:= wnd Stockdolders 27,255.00 Employees s;:_ r' *..gs Bond Account 18922.50 In-tallmenl- , 7ontracts 1�ayab .e 63x647.61. Note P:yable - Security First National Bank 1;,0009000.00 Mortgage Payak,.e - Real Estate 26,414.75 ' Federal In"ome Taxes Payable 96L5y.93 3,802.;7 =.. OT11ER LIABILITIrB Unpaid labor Drafts 25,941.18 Due Subsidiary ® Piru Rock Company 19,380.63 Mortgage Payable - E E Long Term � 251x625 35 TOTAL_ .... .?96, 91 .. oed ts CAPITA, STOCK !%1! SUR: 111” Capital Stcxk Issued 842,900.00 Surplus 6, 25,964.37 _ TOTAL U1196059959.83 I. • .9 GFIFPFITH COMPANY CONTRACTORS bu4.ine,�,', vtaa incorporated in April, 19U, &,4, sld:- Au Wilton Co. The name wao changc-,.J ter 4' Incorporated under the lawN of tbp 1-11z G 1-lfornia on December 7, 1922, and p, b�,',*,,n in operation averaging $36o8OC40C,('1',u-;Q �nnup--.Ly fb.,' the P.iaOt �!on year4 and p e year3 t annu! ;,, fl .-T� ";Iira in con ract ,t� a I '1,):t;any hai-,l piRrformed work of this na-M-o fo.m 01tirl-a ,-V Los Angeles, San Diego, Chula Vinta., B�:,ke�raf laid,, Taft., Arvin, Pazada-n; • 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.) EXPERIENCES 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. GRIFFITH COMPANY SIGNED VICE- PRESIDENT 0 C 0 N T RAC T THIS AGREED£ NT2 MADE AND ENTERED INTO THIS • PAGE II 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. 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 . AND TO PERFORM AND COMPLETE IN A GOOD AND WORKMANLIKE MANNER ALL THE WORK PERTAINING THERETO.SHOWN ON THE PLANS AND SPECIFICATIONS THEREFORE 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 LABORS 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 TIMES 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 PROPOSALS 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. 2%l7 • PAGE 12 5. PURSUANT TO THE LABOR CODE OF THE STATE OF CALIFORNIA, THE CITY COUNCIL HAS ASCERTAINED THE GENERAL PREVAILING RATES OF PER DIEM WAGES FOR EACH CRAFT OR TYPE OF WORKMAN NEEDED TO EXECUTE THE CONTRACT AND A SCHEDULE CONTAINING SUCH INFORMATION IS INCLUDED IN THE NOTICE INVITING BIDS AND IS INCORPORATED BY REFERENCE HEREIN. 6. 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, REGARDLESS OF RESPONSI- BILITY FOR NEGLIGENCE; AND FROM ANY AND ALL CLAIMS, LOSS, DAMAGE, INJURY, AND LIABILITY, HOWSOEVER THE SANE MAY BE CAUSED, RESULTING DIRECTLY OR INDIRECTLY FROM THE NATURE OF THE WORK COVERED BY THE CONTRACT, REGARDLESS OF RESPONSIB40 TY 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: MAYOR CITY CLERK BY: BY: APPROVED AS TO FORM: CITY ATTORNEY CONTRACTOR TITLE ITLE (SEAL) '-4 i 6 CITY OF NEWPORT BEACH SEAL COAT PROGRAM, 1968 -69 PART I (FOG SEAL) CONTRACT NO. 1169 PROPOSAL To the City Council City of Newport Beach CHAMBER -MIX CONCRETE, INC. 3300 Newport Boulevard P O. BOX 356 1236 WESTERN AVENUE Newport Beach, California STANTON, CALIFORNIA 90680 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has examined the Plan and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furnish all labor, materials, equipment, transportatic:., and services necessary to do ali the work required to complete Contract No. 1169, in accordance with the City of Newport Beach Drawing No, R- 5125 -S, the City's Standard Drawings and Specifications, and the Special Provisions, and that he will take in full payment therefore the following a -,pit price for the completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 38,000 EMULSIFIED ASPHALT GALLONS (SS -1h) FOG SEAL COAT COMPLETE IN PLACE @ No Dollars and Thirty Six and Eight Tenths Cents $ ,368 $ 13,984.00 per gallon TOTAL PRICE WRITTEN IN WORDS Thirteen Thousand Nine Hundred Eighty Four Dollars TOTAL and No Cents $ 13,984.00 G t,r y c• f x iT -�'sLQ h ;: .. ,•:rte"' =$e% p ^< y c• :. h ;: .. ,•:rte"' =$e% y c• :. h s: if ni Zf" k ES J i y c• :. h 2/7/67 • . -ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORKS, AS 'INDICATED IN THIS PROPOSALD TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER, IN CASE OF A DISCREPANCY BETWEEN WORDS AND FIGURESy THE WORDS SHALL PREVAIL. IN CASE OF AN ERROR IN THE EXTENSION OF A UNIT.PRICEy 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 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. 200227 CLASSIFICATION C 61 ACCOMPANYING THIS PROPOSAL IS Bond CASH, CERTIFIED CHECKS, CASHIER'S CHECK OR BOND IN AN AMOUNT NOT LESS THAN 10 PERCENT OF THE TOTAL BID PRICE. THE UNDERSIGNED IS AWARE OF THE PROVISIONS OF SECTION 37OG OF THE LABOR CODE WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FOR WORKMEN'S COMPENSATION OR_TO UNDERTAKE SELF - INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT CODES, AND AGRI:ES.TO- COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE Or THE WORK OF THIS CONTRACT. (714) 8287633 PHONE NUMBER Julv 11. 1968 DATE 11236 Western Avenue Chamber -Mix Concrete BIDDER's NAME (SEAL) Presi AUTHCRIZEO SIGNATURE �K��if «��'�� Secretary AUTHORIZED SIGNATURE Stanton. California 90680 Cnrnnratinn BIDDER'S ADDRESS TYPE OF ORGANIZATION e1NOIv IOUAL, CORPORATION, CO-PARTNERSHIP) 11ST BELOW NAMES OF PRESIDENTS, SECRETARY, TREASURER AND MANAGER IF A CORPORATION, AND NAMES OF ALL CO-PARTNERS IF A CO-PARTNERSHIPS President: Dean M. Chambers Secretary: Fred LaGrande r 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. f ITEM OF WORK SUB- CONTRACTOR ADDRESS I. None 2. 3• 4. 5 6. 7• 8. 9• lo. II. 12. Chamber -Mix Concrete, Inc. BIDDER'S NAME AU THORI ED SIGNATURE Corporation TYPE OF ORGANIZATION (INDIVIDUAL., COPARTNERSHIP OR CORPCRATIMl 11236 Western Avenue Stanton, California 90680 ADDRESS I a r . SCR 7101420 — 16 PAGE 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW 'ALL MEN BY THESE PRESENTS, THAT WE, CHAMBER —MIX CONCRETE INC- - - - - - - - - - - - - - - , AS PRINCIPAL, AND FIREMAN'S FM INSURANCE COMPANY , AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF TEN PER CENT OF THE AMOUNT HID — — - — — DOLLARS 4 10% - - - - - ), LAWFUL MONEY OF THE UNITED STATES FOR THE PAYMENT OF WHICH SUM WELL AND TRULY TO BE MADE, WE BIND OURSELVES, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT IF THE PROPOSAL OF THE ABOVE BOUNDEN PRINCIPAL FOR THE CONSTRUCTION OF SEAL COAT PROGRAM 1968 -69 PART I (FOG SEAL) 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 12TH DAY OF JULY , 19 68. CORPORATE SEAL (IF CORPORATION) CHAMBER —MIX CONCRETE INC. - -- PRINC,IIPPALL�/J - (ATTACH ACKNOWLEDGEMENT OF BY: ATTORNEY IN FACT) FIREMAN'S COMPANY SURETY By • .l _ TITLE W E. SMITH — ATTORNEY —IN —FACT NOTARIAL ACKNOWLEDGMENT- ATTORN[Y IN PACT On this ......... .... --------- .day of_..._...._'7�- ------ ------ 19-_� - -_, before me, ......_Gertrude M. Methevs _ _ -------- , a Notary Public in and for STATE OF CALIFORNIA --- ------------ ORANGE i GERJRUDE M. MATHEWS • I NOTARY. PUBLIC - CALIFORNIA i x y i PRINCIPAL OFFICE IN ORANGE COUNTY 360042 - S. said--... ------- - - - ---- - ----- ........ ....... . ..... County, State aforesaid residing therein, duly commis- sioned and sworn, personally spgeared.. -------- ------- W.- E.31MITH -_ - -- - _ - - - - -_ - __ - -_ ....... known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o c' ral, GC at my office in the said ...... ............. ....._.. ..... -. County ::.. ...- .................. ...... ._........... the day and year in this certificate fi� ove written. 7 Notary Public in and for State of California. ORANGE My commission expires ............ GE9JK UAE.X.. MAI1iEW .5 ..... _ ....................... MY Commission Expires Sat. 2, 00 i 0 PAGE 9 NON- COLLUSION AFFIDAVIT THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESLLAT AT THE TIME OF FILING THIS BID, 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 THEM, HAS PAID OR IS TO PAY TO SUCH BIDDER OR PUBLIC OFFICER ANY SUM OF MONEYS OR HAS GIVEN OR 15 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 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 TH.15 BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVERP WITH ANY PERSON WHOMSOEVER TO PAYS DELIVER T0, 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 11th DAY OF July K." MY COMMISSION EXPIRES: ConcreAe-,4nc- D.M. Chambers. President D.M. Chambers Lecua M. Mendenhall My Commission Expires Apr. 29, 1969 T 000CCC`a NOTARY PUBL"IC��' // 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., 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. Bellflower, City of Mr. G. Haffner, Street Supt. Santa Fe Springs, City of Mr. Phil Studebaker, Director of Public Works Downey, City of Mr. M. Harldson, Street Supt. Newport Beach, City of Mr. Joseph Devlin, Director of Public Works Norwalk, City of Mr. Earl Fink, Director of Public Works Chamber -Mix Concrete, Inc, has completed Six Million Sq. Yds. of similar work for City, State and Government Agencies in Southern California in the last year. SIGNED - .. NOTICE TO BIDDERS: qo CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 1169 FOR SEAL COAT PROGRAM, 1968 - 69 PART I (FOG SEAL) ADDENDUM NUMBER 1 July 2, 1968 PLEASE ADD: 11. SEAL COAT MATERIAL E,. Rate of Application Application shall be such that the original undiluted emulsion will be spread at the rate of 0.08 to 0.10 gallon per square yard, the exact amount to be determined by the Engineer. Please show date of receipt of this Addendum on the Proposal or insert a copy with your proposal. Benjamin B. Nolan Assistant Public Works Director