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HomeMy WebLinkAboutC-1170 - Part II (Gilsonite Seal) seal coat program 1968-69. 20238 i BooK8737 Pacr395 NOTICE OF COMPLETION PUBLIC WORKS To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on August 29, 1968 the Public Works project consisting of Seal Coat Program, 1968 -69, Part H. (Gilsonite Seal) 0 — / /'7/J on which was the contractor, was the surety, was bind Contractors I, the undersigned, say: Pacific Employers Insurance C 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 September 26. 1968 at Newport Beach, California. I, the undersigned, I am the City Clerk of the City of Newport Beach; the City Council of said City on September 23, 1968 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 September 26, 1968 at Newport Beach, California. MAIL TO 33ae 92oco ,� -,--� FREE C4 (RECORDED AT REQUEST OF OF NEITPORT BEAM# IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIF. 9:05 AM SEP 30 1968 J. WYLIE CULYLE, CMUn:Y Remnler October 8, 1968 Gilsabind Contractors 12631 East Imperial Highway Santa Fe Springs, California 906/0 Subject: Surety : Pacific Employers Insurance Co. Bonds No. : M 129371 Project : Seal Coat Program 1968 -69 Contract No: 1170 Gentlemen: The City Council on September 23, 1968 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on September 30, 1968, in Book No. 8737, Page 395. Please notify your surety company that bonds may be released 35 days after recording date. Very truly yours, Laura Lagios City Clerk City of Newport Beach ih cc: Public Works Department i 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd Area Code 714 673 -2110 Date: September 26, 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 program, 1968 -69, Part Ii (G,iloonite Seal) Contract No. 1170 on which Gilsabind Contractors was the Contractor and pacific Employers Insurauce Company was the surety. Please record and return to us. J LL: dg Encl. Very truly yours, Laura Lagios City Clerk City of Newport Beach a September 23,1968 /� `.2- TO: 'CITY COUNCIL FROM: Public Works Department SUBJECT: SEAL COAT PROGRAM, 1968 -69, PART II (GILSONITE SEAL)', CONTRACT 1170 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. The contract for the Seal Coat Program, 1968 -69, Part II (Gilsonite Seal) has been completed to the satisfaction of the Public Works Department. The bid price was: $11,435.20 Amount of unit price items constructed: 9,957.92 Amount of change orders: - Total contract cost: 9,957.92 Amount budgeted in Account #02- 3397 -144: 13,000.00 The final quantity was less than estimated due to reducing the rate of application on some streets, The contract date of completion was November 1, 1968° All work was completed by August 29, 19680 V. .. i' ON: eph Devlin lic ks Director Ildg Y7 /G y CERTIFICATE OF INSURANCE 0 1968 This is to Certify that insurance policies issued to ..............G UABIA11.40U TRACTORS................................................................................. (Name of tmure4 1263.1 ... EaS.t...Impexl. 1. ...Hi9f!Y!aYa..Santa...Fe._Spr (Addrroo)' Cali_ forni. a ..... .................PUBLIC....WW ... the numbers and expiration dates of which are listed below, are in force in this Company as of..........Jml re,,..,30,.. 19. Y8 .......... ............................... (Date) covering in accordance with the terms thereof at the following location, or on the following described vehicle: .ALL ... OPERATI. ONS ...OF...T1i.E._IR$.URE.D...COVE . D.. BY... TH. I. S... PQLU Y......._ ... ............................. ............... ....... KIND OF POLICY EXPIRATION LIMITS OF LIABILITY POLICY NUMBER DATE Bodily Injury Property Damage A— Manufacturers or Each person S . ............................... Each accident S. ............................... Contractors Liability Each accident $ ......... Aggregate $.............. ..... ..... ......... B— Owners or Contractors Each person S. ........... Each accident $ ................ Protective Liability Each accident $ ................_.............. Aggregate $ ................................ C— Owners, Landlords I Each person $ ........ ............ ............ Each accident $. ............................... and Tenants Liability i Each accident $........................ ........ D— Automobile Liability- I ......................... Each person S. ...... Each accident $.. ............................. (1) Owned Vehicles Each accident $......... .......... ............. Each person $........... ...... ..... .......... Each accident $. ............................... (2) Hired Vehicles Each accident 5 . ............................... Each person $6 .... w_d_ .............. 4 .... Each accident $. ............................... (3) Other Non -owned Vehicles Each accident S ... .......... ................... E— Comprehensive Liability Each person $ . ............................... Each accident 5. ............................... (1) Comprehensive Automobile Each accident $................. ... .... __.... Each person 5 . ............................... Each accident 5. ............................... (2) Comprehensive Each accident $ . ............................... General Aggregate $ . ............................... Aggregate 5. ............................... Each person S.1.O.O.a0Q0. ...... 6.... Each accident E..1QQ4A00.......... (3) Comprehensive (combined General Each accident $.300. 0QO and Automobile) ..., ..... 4wd ' SMP6- 295405 5 7 -1 -69 Aggregate. $.300. 00.0............ Aggregate $..1Q0.4.000.......... Each person $... ........................... 4 Each accident S .............. . ................ . Each accident $....... ............. __ ... .... _ I Aggregate $ . ..............6......6.6....... I Aggregate $. ............................... Ft- Pbysical Damage APPROVED Ac F0.VA LIMITS OF LIABILITY ❑ (1) Fire, Lightning & Traub ted: Actual Cash Value, or 5 ..................... ❑ (2) Theft (Broad Form) C iTY ATTO N Y, Actual Cash Value, or 5 ..................... ❑ (3) Comb. Add'1. Cov. ,: Actual Cash Value, or S ..................... 13 (4) Comprehensive If Actual Cash Value, or S ..................... ❑ (5) Collision - -- - - -- __. Actual Cash Value Less 5 .....................Ded' 1. This Certificate is issued at the request of: Name...............C.ITY...QF..NE41 D1?. T. ... REA. 0 ............. _ ............................................................................... _ ......... ._.-....-..__.__ .._............................ Address............. G.l_tY...Hal,l,,,,_3300,.,W.,,, Newport ..Bl,vd,.,x,_Newpprt._Bea5h .,.Califs ..._..-...........__..__ ... ............................... to whom we will mail written notice of cancelation or any changes affecting this Certificate. 0 gulf insurance Company ® Atlantic Insurance an ( /-McCO1R� &lH NC. By... ...�f^?�w[...LA[.i ... ........... Aathadaed RePramntlw MIBC Na –us 0 6 ADDITIONAL NAMED INSURED It is hereby understood and agreed that the City of Newport Beach is added as an additional named insured under this policy as pertains all operations to be performed by Gilsabind Contractors under the contract with the City of Newport Beach. It is further agreed that the Policy to which this certificate refers may not be cancelled, materially changed, nor the amount of coverage thereof reduced, nor the policy allowed to lapse until ten (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. Iv. • RFCFIVE0 G A 6-0NT /NENf9Z WT/ONFIC ,M)VI6HN GROUP CERTIFICATE OF INSURANCE " 1968 The Policy identified below by a policy number is in force on the date of Certificate Issuance. Insurance is afforded pnpE�pe��ov� which a specific limit of Fability has been entered and is subject to all the terms of the Policy having reference thereto. Nothlhgg``�Ifl to MM�i6bdi ,ion of said Policy. In the event of cancellation of the Policy the Company issuing said Policy will make all reasonable effort to send notice of cancellation to the Certificate Holder at the address shown herein, but the Company assumes no responsibility for any mistake or for failure to give such notice. NAME AND ADDRESS OF INSURED DATE OF CERTIFICATE ISSUANCE: GILSABIND CONTRACTORS 12631 East Imperial Highway July -10, 1968 Santa Fe Springqs California / MjC'CO�� & HOL R NAME AND ADDRESS OF CERTIFICATE HOLDER q F CITY OF NEWPORT BEACH Authorized Representative CITY HALL 3300 W. Newport Blvd. L Newport Beach, California J THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE HOLDER TYPE OF INSURANCE IS DESIGNATED BELOW COVERAGES LIMITS OF LIABILITY EACH PERSON EACH OCCURRENCE AGGREGATE • Comprehensive Automobile Liability • Schedule Automobile Liability Bodily Injury Liability Pro rty Damage Liability, $ $ MIN � 'T � RV�'a a, Bodily Injury and Properly Damage Liability Combined t11R ' r 0�' „en P'' $ $,�% f 'P Protection Against Uninsured Motorists Uninsured Motorists '�`y�°` ✓ ' ❑ Comprehensive General Liability Bodily Injury Liability $ $ $ ❑ Owners', Landlords' and Tenants' Liability 13 • Manufacturers' and Contractors' Liability • Owner's and Contractor's Protective Liability Property Damage Liability `'r'``§������, sg` ? *�N�s ffi $ Ally-In 10 $ �'�: »isv &q� ","" $ $ g� =fig n'ag'0"v`�.�iw: Bodily Injury and Property Damage Liability Combined ❑ Workmen's Compensation A. Statutory Statutory Locations: ❑ Employers' Liability B. Bodily Injury BODILY INJURY B A EXCESS IABILITY PROPERTY DAMAGE $1,000,000 CoiTbined Sin le Li it t each accident Designate Company by Number in Box ❑ Below, Policy Number and Policy Expiration I. II. III. Policy Number ❑ ❑ ❑ Policy Expiration IV. RDU 9088320 V. VI. Policy Number Q 7 -1 -69 ❑ ❑ Policy Expiration Q Continental Casualty Company Oz Transportation Insurance Company G- 32343 -F © National Fire Insurance Company of Hartford Q Americon casualty Company of Reading, Pa. Qi Transcontinental Insurance Company 0 valley forge insurance company ©vim 0 0 ADDITIONAL NAMED INSURED It is hereby understood and agreed that the City of Newport Beach is added as an additional named insured under this policy as pertains all operations to be performed by Gilsabind Contractors under the contract with the City of Newport Beach. It is further agreed that the policy to which this certificate refers may not be cancelled, materially changed, nor the amount of coverage thereof reduced, nor the policy allowed to lapse until ten (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. H011ywood 2 -7411 REP CIND COMPAIlYOFAMERICA q 6 ®� D LOS (ANGELES( ULILAPORNIA 0038 CERTIFICATE OF INSURAN E -' f N ��' c c Tel. 11011 ood ia4rl 1968 This is to Certify That The Republic Indemnity Company of America has issued to: nlunl fr, usttli;l[ • ,%T -r Named Insured: GILSABIND CONTRACTORS Agent or Broker McCORD & HOLDREN, INC. P.O. Box 4476 Address: 12631 East Imperial Highway I No. Hollywood, Calif. Policy or Policies of Insurance Described as Follows: POLICY NUMBER KIND OF INSURANCE LIMITS EFFECTIVE EXPIRATION DATE DATE ....... WORKMEN'S COMPENSATION As Provided by Law ---------------------- - - - - -- ............................ 7 -1 -68 7 -1 -69 ... ............................... PUBLIC LIABILITY Each Person $ ......--- °- ° ..................° BODILY INJURY Each Accident $--- ------------------------ - - - - - -- AggregateProducts S.—.— ............. -- ......... Each Accident $ ... ............................... PROPERTY DAMAGE Aggregate $--------------------------------- ... ............................... CONTRACTORS PROTECTIVE LABILITY Each Person $-------------------------------- BODILY INJURY Each Accident S- . ............................... Each Accident S- ................................ PROPERTY DAMAGE S Aggregate $. ... ............................... AUTOMOBILE LIABILITY ............................. .... ................. – ...... (Each Person $---------------------------------- BODILY INJURY Each Accident $ ...... ............................ PROPERTY DAMAGE Each Accident $---------------------------------- --- ------------- I ............. . -.- Fl COMPREHENSIVE .......-- .................... .......... ................. .. Fire ❑ Theft ❑ Windstorm $ Combined Additional Coverage Actual Cash Value E] $. ....................... Deductible Collision DESCRIPTION OF AUTOMOBILE AND /OR PREMISES AND /OR OPERATIONS FOR WHICH INSURANCE IS AFFORDED: ALL OPERATIONS OF THE INSURED COVERED BY THIS POLICY THIS CERTIFICATE ISSUED AT THE REQUEST Opt CITY OF NEWPORT BEACH CITY HALL, 3300 W. Newport Blvd. Newpert Beeeh, Galif. In the event of day Material change in or cancellation of said policies, THE REPUBLIC INDEMNITY COMPANY OF AMERICA intends to notify the party to whom this certificate is addressed of such change or cancellation, but undertakes no responsibility by mason of any failure to to do. This certificate is subject to all the conditions and clauses which an now or may hereafter be attached to ort9inal Policy. Ten days notice Of Cancellation by register'!?iJPUBLIC INDEMNITY COMPANY OF AMERICA maiE%tAp&1ies -_to certificate holder McCORD & HOLDffN, . No. Hollywood, Calif. C������� 1 �5 `!GL .. lu] .y-- -�•,-- -_....___.._._.._._.I v....b8 -- BY--- - - - -- -- - - /l�l'//.. -- - -- -- - - - •- ------- _ ----- -- Form 2627 — 20M 10.67 P.P. Authorized Agent CONTRACT N0, 1170 ,r CITY OF NEWPORT BEACH R F C F V E D euauc 'IkDgs DEPT. Contract Documents For The SEAL COAT PROGRAM, 1968 -69 PART II (Gilsonite Seal) Approved By The City Council on this 24th Day of June, 1968 Lau Lagios, Ci y Jerk . • PAGE I -A `SHEET I OF Z) 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., UNTIL 10:15 A.M.., ON THE 12th DAY OF July ., 196 $ AT WHICH TIME THEY WILL BE OPENED AND READ, FOR PERFORMING WORK AS FOLLOWS: Seal Coat Program Part II (Gilsonite Seal) NO BID WILL BE RECEIVED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC WORKS DEPARTMENT. EACH 810 MUST BE ACCOMPANIED BY CASH., CERTIFIED CHECK OR BIODER13 BOND MADE PAYABLE TO THE CITY OF NEWPORT BEACH., FOR AN AMOUNT EQUAL TO AT LEAST 10 PERCENT OF THE AMOUNT BID. THE DOCUMENTS INCLUDED WITHIN THE SEALED BIDS WHICH REQUIRE COMPLETION AND EXECUTION ARE THE FOLLOWING: 1. - PROPOSAL Z. PAGE - DESIGNATION OF SUB - CONTRACTORS PAGE - BIDDER'S BOND PAGE 9 - NON - COLLUSION AFFIDAVIT 5• PAGE 10. - CONTRACTORS 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 ENGINEERS 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 91 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 Z WEEKS AFTER THE BID OPENING. A NONREFUNDABLE 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 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 ITERS IN RESOLUTION NO. 6519• A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE CITY CLERK IN THE CITY OF NEWPORT BEACH. 0 r� L Page lb e 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 WSge Rates - 1966 -67 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 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 4 Tunnel Classifications Vibratorman, Jack Hammer, Pneumatic Tools I1 (except driller) 4.315 4.4445 _Operatin__g Engineers (7/1/66) 1/67 Oiler and signalman (Group 1) 4.38 T.-ST- 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 5.41 Teamsters 5/1/66) 5/1/67 Dump Truck Driver (Less than 4 yes) 5 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 -f5- Electrician (7/1/66) 7/1/67 Journeyman Wiremah 6.11 . 6.55 (4128/66 Lather 4.765 Painters (7/1/66 ) (7/1/67 Journeyman - spray 7.22 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 NOTICE TO BIDDERS: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 1170 CONTRACT DOCUMENTS FOR SEAL COAT PROGRAM, 1968 -69 PART II (Gilsonite Seal) ADDENDUM NUMBER 2 0 July 9, 1968 PLEASE REVISE AS FOLLOWS: 11. SEAL COAT MATERIAL A. Specifications_ Change lines 8 and 9 of the second paragraph to read: Residue, % by weight 36 - 42 HCl Precipitation value, % minimum 15 Please show date of receipt of this Addendum on the Proposal or insert a copy with your Proposal. Benjamin S. Nolan ' Assistant Public Works Director . i CITY OF NEWPORT BEACH SEAL COAT PROGRAM, 1968 -69 PART II ( GILSONITE SEAL) CONTRACT NO. 1170 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, 1170'in accordance with the City of Newport Beach Drawing No. R- 5126 -5, 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. 16,000 GILSONITE MATERIAL SEAL GALLONS COAT, COMPLETE IN PLACE @ No Dollars Seventy One and Forty and Seven One Hundreds Cents $ 0.7147 $ 11,435.20 per gallon TOTAL PRICE WRITTEN IN WORDS Eleven Thousand Four Hundred Thirty Five Dollars TOTAL and Twenty - - - - - - - - - - - - - - - - - - - - - Cents $11,435.20 CONTRACT NO. 1170 CITY OF NEWPORT BEACH Contract Documents For The SEAL COAT PROGRAM, 1968 -69 PART II (Gilsonite Seal) Approved By The City Council on this 24th Day of June, 1968 CITY OF NEWPORT BEACH; CALIFORNIA NOTICE INVITING BIDS PAGE I -A SHEET I OF 2) - SEALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE' CITY CLERK; CITY HALL; NEWPORT BEACH; CALIFORNIA; UNTIL 10:15 A.M.., ON THE 12th DAY OF July ; 196 $ AT WHICH TIME THEY WILL BE OPENED AND READ; FOR PERFORMING WORK AB FOLLOW$: Seal Coat Program Part II (Gilsonite Seal) NO BID WILL BE RECEIVED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC WORKS DEPARTMENT. EACH BID MUST BE ACCOMPANIED BY CASH; CERTIFIED CHECK OR BIDDER'S BOND MADE PAYABLE TO THE CITY OF NEWPORT BEACH; FOR AN AMOUNT EQUAL TO AT LEAST 10 PERCENT OF THE AMOUNT BID. THE DOCUMENTS INCLUDED WITHIN THE SEALED BIDS WHICH REQUIRE COMPLETION AND EXECUTION ARE THE FOLLOWING: I. - PROPOSAL 2. PAGE - DESIGNATION OF SUB - CONTRACTORS 3� PAGE - BIDDER'S BOND ji PAGE 9 - NON - COLLUSION AFFIDAVIT 5. PAGE IO. — CONTRA.CTOR's FINANCIAL STATUS THE DOCUMENTS SHALL BE AFFIXED WITH THE APPROPRIATE SIGNATURES AND TITLES OF THE PERSONS SIGNING ON BEHALF OF THE BIDDER. FOR CORPORATIONS$ 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- 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 IM OF THE LABOR CODE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HAS ASCERTAINED THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN THE LOCALITY IN WHICH THE WORK IS TO BE PERFORMED FOR EACH CRAFT OR TYPE OF WORKMAN OR MECHANIC NEEDED TO EXECUTE THE CONTRACT AND HAS SET FORTH THESE ITERS IN RESOLUTION ND. 6519. A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE CITY CLERK IN THE CITY OF NEWPORT BEACH. j r� 0 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) Carpenters Cement Mason Journeyman Laborers General or Construction Asphalt Raker & Ironer Flagman Guinea Chase Laying of all non - metallic pipe Tunnel Classifications Vibratorman, Jack Hammer, Pneumatic Tools (except driller) 0 eratin En ineers Oi er an signalman (Group 1) Skiploader (Less 4/5 yd.) (Group 2) Rodman and Chainman (Group 3) Instrumentman (Group 4) Grade Checker (Group 5) Pavement- breaker operator (Group 5) Grade -all operator (group 6) Teamsters Dump Truck Driver (Less than 4 yes) Water truck driver (2500 gal.to 4000 gal) Building and Construction trades Bricklayer & Stone Mason Electrician Journeyman Wiremah Lather Painters Journeyman - spray Pipe trades Plumber (5/1/66 5/1/67) 4.83 4.60 4.84 3.70 3.85 3.91 4.06 3.70 3.85 3.78 3.93 4.01 4.16 4.315 4.4445 (7331/66) (7/1167 4.62 4.77 4.86 5.01 4.97 5.12 5.16 5.31 5.16 5.31 5.26 5.41 5/1/66) 5/1/67 4.53 4.68 (5/1/66) (53) (7/1/66 711/67) 6.11 6.55 4 28 66) 76 (721/66 (7/1/67 5.2 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 ".. 2%7/67 0 > 'ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORK, AS INDICATED IN THIS PROPOSALS TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER. IN CASE OF A DISCREPANCY BETWEEN WORDS AND FIGURES, 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 BEACE. LICENSED IN ACCORDANCE WITH THE STATUTES OF TH) STATE OF CALIFORNIA PROVIDING FOR THE REGISTRATION OF CONTRACTORS, LICENSE No. 226811 CLASSIFICATION C-12 ACCOMPANYING THIS PROPOSAL IS Bidders Bond CASH, CERTIFIED CHECK, CASHIER'S CHECK DR BOND 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 O WORK OF THIS CONTRACT. Area Code 213/863 -4757 PHONE NUMBER July 12, 1968 D AT E 12631 E. Imperial Hwy. Santa Fe Springs, Calif. 90670 GILSABIND CONTRACTORS BIDDER'S NAME (SEAL) (s) Johnny E. Johnson JohAr'hyT sVAAbf'A7� i d e n t (s) Ronald J. Wilkerson AUTHORIZED SIGNATURE Ronald J. Wilkerson, Secy - Treas. A Corporation BIDDER'S ADDRESS TYPE OF ORGANIZATION (INDIVIDUAL, CORPORATION, CO- PARTNER5HIP) LIST BELOW NAMES OF PRESIDENT, SECRETARY, TREASURER AND MANAGER IF A CORPORATION, AND NAMES OF ALL CO-PARTNERS IF A CO -PARTNERSHIP' Johnny E. Johnson, President Leonard A. Rullo, Vice President Ronald J. Wilkerson, Secretary • 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 ENGINEERy AND IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE SPECIFICATIONS. NO CHANGE MAY BE MADE IN THESE SUB- CONTRACTORS EXCEPT UPON THE PRIOR APPROVAL OF THE ENGINEER. ITEM OF WORK SUB - CONTRACTOR ADDRESS 1. 2. 3• 4. 5• 6. 7• 8. 9• m 12 NONE (s) Ronald J. Wilkerson Ronald J. Wilkerson, Secy - Treas. GILSABIND CONTRACTORS BIDDER'S NAME (s) Johnny E. Johnson UTHORIZED SIGNATURE Johnny E. Johnson, President A California Corporation TYPE OF ORGANIZATION - (INDIVIDUALO COPARTNERSHIP OR CORPCRATION) 12631 E. Imperial Hwy. Santa Fe Springs, Calif. 90670 ESS FOR ORIGOL COPY SEE CITY CLERK'S FILE Co BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTc, THAT WE, GILSABIND CONTRACTORS AND PACIFIC EMPLOYERS INSURANCE COMPANY, A Corp. PAGE 4 AS PRINCIPAL, AS SURETY, ARE HELD Ten AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF Percent of the Amount Bid 10% of bid DOLLARS ($ ), LAWFUL MONEY OF THE UNITED STATES FOR THE PAYMENT OF WHICH SUM WELL AND TRULY TO BE MADE, WE BIND OURSELVES, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT IF THE PROPOSAL OF THE ABOVE BOUNDEN PRINCIPAL FOR THE CONSTRUCTION OF Application of Gilsonite Seal for the Seal Coat Program, 1968 -69 114 TIIE CITY OF NEWPORT BEACH, IS ACCEPTED BY THE CITY COUNCIL OF SAID CITY, AND IF THE ABOVE BOUNDEN PRINCIPAL SHALL DULY ENTER INTO AND EXECUTE A CONTRACT FOR SUCH CONSTRUC- TION AND SHALL EXECUTE AND DELIVER THE TWO (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 15 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 11th DAY OF July 19 68 CORPORATE SEAL (IF CORPORATION) GILSABIND CONTRACTORS PRINCIPAL (ATTACH ACKNOWLEDGEMENT OF (s) Johnny E. Johnson ATTORNEY IN FACT) y: Johnny E. Johnson, President PACIFIC EMPLOYERS INSURANCE COMPANY SURETY BY (s) Jerry L. McCord TITLE Jerry L. McCord, Attorney -in -Fact E LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT 0 PAGE 5 BOND NO. M 129371 WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED July 22, 1968 HAS AWARDED TO Gilsabind Contractors HEREINAFTER DESIGNATED AS THE "PRINCIPAL") A CONTRACT FOR SEAL COAT PROGRAM; 1968 -69, PART II (GILSONITE SEAL), CONTRACT 1170 IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS AND OTHER CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY CLERK. WHEREAS, SAID PRINCIPAL HAS EXECUTED OR IS ABOUT TO EXECUTE SAID CONTRACT AND THE TERMS THEREOF REQUIRE THE FURNISHING OF A BOND WITH SAID CONTRACT, PROVIDING THAT IF SAID PRINCIPAL OR ANY OF HIS OR ITS SUBCONTRACTORS, SHALL FAIL TO PAY FOR ANY MATERIALS, PROVISIONS, PROVENDER, OR OTHER SUPPLIES OR TEAMS USED IN, UPON, FOR, OR ABOUT THE PERFORMANCE OF THE WORK AGREED TO BE DONE, OR FOR ANY WORK OR LABOR DONE THEREON OF ANY KIND, THE SURETY ON THIS BOND WILL PAY THE SAME TO THE EXTENT HEREINAFTER SET FORTH: NOW, THEREFORE, t;E GILSABIND CONTRACTORS AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND PACIFIC EMPLOYERS INSURANCE COMPANY AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF FIVE THOUSAND, SEVEN HUNDRED SEVENTEEN AND 60 /10(b OLLARS ($ 5,717.60 )1 SAID SUM BEING ONE -HALF OF THE ESTIMATED AMOUNT PAYABLE BY THE CITY OF NEWPORT BEACH UNDER THE TERMS OF THE CONTRACT) FOR WHICH PAYMENT WELL AND TRULY TO BE MADE WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND ADMINISTRATORS, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE PERSON OR HIS SUBCON- TRACTORS, FAIL TO PAY FOR ANY MATERIALS, PROVISIONS, PROVENDER, OR OTHER SUPPLIES, OR TEAMS, USED IN, UPON, FOR, OR ABOUT THE PERFORMANCE OF THE WORK CONTRACTED TO BE DONE, OR FOR ANY OTHER WORK OR LABOR THEREON OF ANY KIND, OR FOR AMOUNTS DUE UNDER THE UNEMPLOYMENT INSURANCE CODE WITH RESPECT TO SUCH WORK OR LABOR, THAT THE SURETY OR SURETIES WILL PAY FOR THE SAME, IN AN AMOUNT NOT EXCEEDING THE SUM SPECI- FIED IN THE BOND, AND ALSO, IN CASE SUIT IS BROUGHT UPON THE BOND, A REASONABLE ATTORNEYS FEE, TO BE FIXED BY THE COURT, AS REQUIRED BY THE PROVISIONS OF SECTION 42o4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. • • PAGE 6 (LABOR AND MATERIAL BOND — CONTINUED) THIS BOND SHALL INURE TO THE BENEFIT OF ANY AND ALL PERSONS, COMPANIES, AND CORPOR- ATION ENTITLED TO FILE CLAIMS UNDER SECTION 1192.1 OF THE CODE OF CIVIL PROCEDURE SO AS TO GIVE A RIGHT OF ACTION TO THEM OR THEIR ASSIGNS IN ANY SUIT BROUGHT UPON THIS BOND, AS REQUIRED BY THE PROVISIONS OF SECTION 4205 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. AND THE SAID SURETY, FOR VALUE RECEIVED, HEREBY STIPULATES AND AGREES THAT NO CHANGE, EXTENSION OF TIME, ALTERATIONS OR ADDITIONS TO THE TERMS OF THE CONTRACT OR TO THE WORK TO BE PERFORMED THEREUNDER OR THE SPECIFICATIONS ACCOMPANYING THE SAME SHALL IN ANY WISE AFFECT ITS OBLIGATIONS ON THIS BOND, AND IT DOES HEREBY WAIVE NOTICE OF ANY SUCH CHANGE, EXTENSION OF TIME, ALTERATIONS OR ADDITIONS TO THE TERMS OF THE CONTRACTOR OR TO THE WORK OR TO THE SPECIFICATIONS. IN THE EVENT THAT ANY PRINCIPAL ABOVE NAMED EXECUTED THIS BOND AS AN INDIVIDUAL, IT IS AGREED THAT THE DEATH OF ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY FROM ITS OBLIGATIONS UNDER THIS BOND. IN WITNESS WHEREOF, THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL Awn SURETY ABOVE NAMED, ON THE 1St DAY OF AUGUST , 196. GILSABIND TRACTORS (SEAL) T (SEAL) son, Secy- Treas. (SEAL) Premium included under PACIFIC EMPLOYERS INSURANCE COMPANY (SEAL) Performance Bond BY: .(SEAL APPROVED AS TO FORMe SURETY Urry L. McCord Attorney in Fact CITY ATTORNEY - THIS BOND WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON DATE ATTEST: CITY CLERK Executed in Duplicate '. STATE OF CALIFORNIA, COUNTY Los Angeles ACKNOWLEDGMENT — Coro. —Pres. R Sec— Welcotte Form a R.X . 1M } Ss. ON August 1 19 68 before me the undersigned, a Notary Public in and for the said State, personally appeared . ohnny E. Johnson , known to me to be the President, and Ronald J. Wilkerson known to me to be the Treasure-l--Secretary of QTT.SARTND CONTRACTORS the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. s A Or- 'FIO!AL SEAL µfa WILLI) A. H01 BROOK NOTE Y P .L C GFORNIA ��cc LO.. G... COUNTY My Commission Expires March 26, 1972 ACKNOWLEDGMENT — Coro. —Pres. R Sec— Welcotte Form a R.X . 1M } Ss. ON August 1 19 68 before me the undersigned, a Notary Public in and for the said State, personally appeared . ohnny E. Johnson , known to me to be the President, and Ronald J. Wilkerson known to me to be the Treasure-l--Secretary of QTT.SARTND CONTRACTORS the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. s A STATE OF CALIFORNIA Los ANgeles ss. COUNTYOF .... -------- .............__....... On this day of 19 ....... CII., before me the UllderS i( jfled._....._.........___..._ ............._. _............................., a Notary Public, in and for the County and State aforesaid, residing therein duly commissioned and sworn, personally appeared - ............................................ _...... ¢ Almmmmmmnrmmrmrmrmmnmunumm�mm�nnnrnnnrnnnnmrrrcrcmrgrt (I�p Jerry L. McCord i..._ .... ................_.._...._...... ...._...._....._..........._-.._......_......_.___.........._......._._..._....... ...._.......................... OFFICIAL SEAL € , - GRACE BURGER ll known to me to be the Attorney -in -Fact of Pacific Employers Insurance Company, the Corporation ^••- " PRINCIPAL OFFICE IN that executed the within instrument and also known to me to be the person who executed the within °F n NOTARY PUBLIC CALIFORNIA instrument on behalf of the Corporation therein named and acknowledged to me that such Corpora - LOS ANGELES COUNTY tion executed the same. IIIIIIIIIIWnlllnlnlu.... 11llmnl111niiillnl...... lllnixux......11llnuxmxxW/ �J My Commission Expires March 30, 1970 PEB 724 Notary Public in and for the Slate of California, County of- ..._LOS .ANfgel_e5 . s • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT PAGE 7 Bond.No. M- 129,371 WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED July 22, 1968 HAS AWARDED TO Gilsabind Contractors HEREINAFTER DESIGNATED AS THE "PRINCIPAL", A CONTRACT FOR SEAL COAT PROGRAM, 1968 -69, PART II (GILSONITE SEAL), CONTRACT 1170 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, r,TI rURTND rnNTRAr.TnRS 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 Pi rl/PKI Tpt)llqAmll POI II! 1 !11 1 iN 1 SAID SUM BEING EQUAL TO 50% OF THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID TO THE SAID CITY OR ITS CERTAIN ATTORNEY, ITS SUCCESSORS, AND ASSIGNS; FOR WHICH PAY- MENT, WELL AND TRULY TO BE MADE, WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND AD -% MINISTRATORS, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRE- SENTS. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE ABOVE BOUNDEN PRINCIPAL, HIS OR ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS, SMALL 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. (PERFORMANCE BOND - CONTINUED) • 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 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 15 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 ISt, DAY OF Auggst , 196_$ Executed in duplicate. Premium $86.00 I APPROVED AS TO FORM: 0 ITY ATTORNEY I EAL) EAL (SEAL) NTRACTOR Ronal Wilkerson, Secy- Treas. PACIFIC EMPLOYERS INSURANCE COMPANY (SEAL) � (SEAL) S RETY erry . Mc�ord Attorney -in-Fact .x;. STATE OF CALIFORNIA, ) �I COUNTY OF Los Angeles } SS. ) ON August 1 tg 68 before �e a underjned,� (ptary Public in and for the said State, personally appeared o nny onnson , known to me to be the President, and Rona 1 d J- Wi 1 kprcon , known to me to be the Trea sl ar_er ecretary of GTT SARTND MNTRACTORS the Corporation that executed the within Instrument, known to me to be the persons who „rte �^ ^^^ executed the within Instrument, on behalf of the Corporation herein named, and acknowledged L Ci( to me that such Corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. MY commission E pins March 2� 6 ACKNOWLEDGMENT — Coro.— res. 6 Sec.— Wolcotb Form 226rRev. 3.64 It I STATE OF CALIFORNIA LOS ANGELES ? e :. COUNTYOP...._ ......................_............. ........_....................., Onthis _._ 1St AU9USt 6_... ..................... ---------- day of ._......___.._..._ ...... ........_....._................ 19........... before me the Unders 1 gned ..... a Notary Public, in and for the County and State aforesaid, residing therein duly commissioned and sworn, personally appeared ------- ............. .................................. Jerry L. McCord -- OFfICIAL SEAL GRACE BURGER PW.VIV-AL grrlQF M NOTARY OU41.10 - CA4IPOBNIA LOS ANGELES COUNTY ........_..__ �Ey Commission Expires March 30,_ 197 PEB 124 known to me to be the Attorney -in -Fact of Pacific Employers Insurance Company, the Corporation that executed the within instrument and also known to me to be the person who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corpora- tion executed the same. n Notary Public in and for the State of C ifornia, County of ....._Los _Angeles ...................... • • PAGE 9 NON- COLLUSION AFFIDAVIT THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESf T 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 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.IW 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. GILSABIND CONTRACTORS (s) Johnny E. Johnson, Johnny E. Johnson, President (s) Ronald J. Wilkerson, . Ronald J. Wilkerson, Secy -Treas SUBSCRIBED AND SWORN TO BEFORE ME BY Willis A. Holbrook THIS 11th DAY OF July M MY COMMISSION EXPIRES: March 26, 1972 Willis A. Holbrook ARY PUBLIC FOR ORIGINA•OPY SEE CITY CLERK'S FILE COPY* 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. We have been in the asphalt concrete paving business since 1948. We have applied over a billion square feet of GILSABIND in the last six years. Our bonding capacity is in excess of $15,000,000.00. GILSABIND CONTRACTORS (s) Johnny E. Johnson By Johnny E. §d W(9n, President (s) Ronald J. Wilkerson By Ronald J. Wilkerson, Secy - Treas. • • PAGE II C O N T R A C T THIS AGREEMENT) MADE AND ENTERED INTO THIS ..DAY OF � 1960 BY AND BETWEEN THE CITY OF NEWPORT BEACH) CALIFORNIA) HEREINAFTER DESIGNATED AS THE GILSABIND CONTRACTORS 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; 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 II (GILSONITE SEAL), CONTRACT 1170 AND TO PERFORM AND COMPLETE IN A GOOD AND WORKMANLIKE MANNER ALL THE WORK PERTAINING THERETO SHOWN ON THE PLANS AND SPECIFICATIONS THEREFOR; TO FURNISH AT HIS OWN PROPER COST AND EXPENSE ALL TOOLS) EQUIPMENT) LABOR) AND MATERIALS NECESSARY THEREFOR) (EX- CEPT SUCH MATERIALS) IF ANY) AS IN THE SAID SPECIFICATIONS ARE STIPULATED TO BE FUR- NISHED BY THE CITY)) AND TO DO EVERYTHING REQUIRED BY THIS AGREEMENT AND THE SAID PLANS AND SPECIFICATIONS. 2. FOR FURNISHING ALL SAID MATERIALS AND LABOR) TOOLS AND EQUIPMENT) AND DOING ALL THE WORK CONTEMPLATED AND EMBRACED IN THIS AGREEMENT) ALSO FOR ALL LOSS AND DAMAGE ARISING OUT OF THE NATURE OF THE WORK AFORESAID) OR FROM THE ACTION OF THE ELEMENTS) OR FROM ANY UNFORESEEN DIFFICULTIES WHICH MAY ARISE OR BE ENCOUNTERED IN THE PROSECU- TION OF THE WORK UNTIL ITS ACCEPTANCE BY THE CITY) AND FOR ALL RISKS OF EVERY DE- SCRIPTION CONNECTED WITH THE WORKS 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) 00 HEREBY AGREE TO THE FULL PERFORMANCE OF THE COVENANTS HEREIN CONTAINED. 4. THE NOTICE TO BIDDERS) INSTRUCTIONS TO BIDDERS) CONTRACTOR'5 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. 1 9 2/7/67 0 0 PAGE 12 5e 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 FROMTHE 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 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 WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS CONTRACT TO BE EXECUTED THE DAY AND YEAR FIRST ABOVE WRITTEN. ATTEST: e�� L CITY CLZ APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH, CALIFORNIA BY:� 2�1a.1.P7iJil1,�1/ MAYOR GILSABIND CONTRACTORS CONTRACTOR BY: Ronald Wilkerson, Sec - Treas. TITLE STATE OF CALIFORNIA, COUNTY OF —Los i +ngeles r ss. ON ifugust 1 tg 58 before me, jhe undersned, p Notary Public in and for the said State, personally appeared Jonnnny Johnson known to me to be the President, and sRana 1 fj -1 1JJ Ikerson , known to me to be the Trap, c,ij Pr$ecretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by -laws or a .................... �� resolution of its board of directors. WITNESS my hand and official seal. CALi.ORNiA Y .. .. 1 My Commission Expires March Nntary Pnhlic in and fnr said state_ nUnnarvLcU mMtRi Corp, rres. 3 sea— micoas rorm as—nev. s" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR SEAL COAT PROGRAM, 1968 -69 PART II (GILSONITE SEAL) CONTRACT No. 1170 1. SCOPE OF WORK The work to be done under this contract consists of the seal coating of various streets in the Lido Island and Dover Shores areas in the City of Newport Beach, with a gilsonite material, as shown on Drawing R- 5126 -5. The Contract requires all labor, materials, transportation, and equipment necessary to complete all work as shown on the Plans and in accordance with the City's Standard Specifications, applicable portions of the State of California, Department of Public Works, Division of Highways, Standard Specifications, Dated July 1964, and these Special .Provisions. 2. CONDUCT OF WORK The Contractor shall maintain the various job sites in a neat and orderly condition at all times, returning all streets to their normal use as soon as possible. Barricades, warning devices, and signs must be employed as required to insure the public convenience and safety at all times. 3. TIME OF COMPLETION The Contractor shall commence work within five (5) days after execution of the contract by the City and shall have completed all work outlined herein within forty five (45) calendar days thereafter. 4. SCHEDULE OF WORK The Contractor shall submit a schedule of work to the City within ten (10) days after award of the Contract by the City Council. No work shall begin until the entire schedule is approved, in writing by the City. The Contractor must then make every effort possible to Special Provisions - 1 .. , ._. - .� >. »....... �_._. � .. ......'. . .,.- ».... -U- � ..:.... ..,,a:.c._�.ee�.as..7is :F ✓.•4.✓++t4 <, -.... da.�l • 0 comply with the approved schedule, . Deviation from this schedule may require cessation of work until a revised schedule has been submitted and approved. 5. MAINTAINING VEHICULAR AND PEDESTRIAN TRAFFIC The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public and he shall have under construction no greater length or amount of vork than he can prosecute properly with due regard to the rights of the public. All pavement areas to which seal coating materials are being applied must be completely barricaded to prohibit traffic use during the final cleaning, material placement, and curing periods. The Contractor shall also provide and station competent flagmen for directing the movement of traffic through or around the work areas as directed by the Engineer. The Contractor shall schedule his operations so that all streets can be opened to traffic at the end of the working day except when unexpected weather conditions require a longer curing period. In this event the Contractor shall install sufficient lighted barricades, interspersed within the treated lane to prevent use until curing is complete. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. The Contractor shall post, on streets to be treated, temporary "NO PARKING" signs, furnished by the Contractor, twenty four (24) hours in advance of his sealing operations. The Contractor shall maintain a minimum of one traffic lane open at all times on the following streets: Santiago Drive Westcliff Drive Via Oporto Tradewinds Lane Via Lido Nord Via Lido Soud The Contractor shall maintain a minimum of one traffic lane open at all times, in both directions on the following streets: Via Lido from Special Provisions - 2 • t + :.. Newport Boulevard to Lido Island Bridge, and Via Antibes. Suitable traffic control shall be arranged with the Engineer at the time of seal coating for the Lido Island Bridge and its approachea. All necessary flagmen, barricades, and other required traffic safety devices shall be furnished by the Contractor and shall be considered as included in the price bid for the contract item. 6. PAYMENT The unit price bid for this work shall include full compensation for all labor, materials, equipment and transportation required for weed killing, cleaning and seal coating the asphalt pavements. 7. GUARANTEE The Contractor shall guarantee all materials and workmanship for a period of one year after acceptance of the Contract by the City Council. 8. NOTIFICATION TO RESIDENTS Twenty four (24) hours in advance of applying the seal coating, the Contractor shall distribute written notices, furnished by the City, stating when his operations will start and end, and alerting residents to temporary inaccessibility to their properties. If, for any reason, the Contractor is unable to comply with the schedule, as stated in the notice, he may be required to delay further work until he has distributed a second notice, furnished by the City. 9. VEGETATION The Contractor shall spray all vegetation growing in or at the edges of the asphaltic pavements with a herbicide mixture as described herein. The spraying shall be performed a minimum of thirty (30) days prior to the removal of the vegetation and final cleaning operations. The proportioning of chemicals in the herbicide mixture shall be as follows: 10 pounds "Dowpon" or "Dalapon" 7 pounds "Aminotriazol" or "Weedazol" or "Amitrol -T" 6 ounces "Dupont Wetting Agent & Spreader" or 11X -77 Spreading Agent" 100 gallons Water Special Provisions - 3 v' "Dowpon" and "Dalapon" are manufactured by Dow Chemical Company, Midlands, Michigan. "Aminotriazol" and "Weedazol" are manufactured by American Cynamide Company, Princeton, New Jersey. "Amitrol -T "_ is manufactured by Amchen Products Inc., Amber, Pennsylvania. The mixture shall be sprayed on the vegetation in a manner that will result, in complete wetting of the plants. The amount of wetting agent may be adjusted, enabling the herbicide mixture to spread evenly over the leaves sprayed, and avoiding beading on or sliding off the plant leaves. Special precautions as specified by the manufacturer shall be exercised in handling the mixture and in spraying near lawn and .shrubs, etc., on private property. Care shall be exercised while spraying to avoid concentrations, excess runoff, etc, of the herbicide mixture. Thirty (30) days after spraying the herbicide mixture,all dead or still living vegetation shall be removed and disposed of away from the asphaltic pavement surfaces to be sealed. 10. FINAL CLEANING AND SURFACE PREPARATION Prior to applying the seal coating material, all dirt, oil and grease spots, and all other objectionable matter shall be removed from the pavement by power sweeping, supplemented with hand brooming, scraping, grinding, etc. to assure adherance and penetration of the material to the pavement surfaces. 11. SEAL COAT MATERIAL A. . Specifications The seal coating agent to be used shall beIiquid asphalt ref3'ned from natural gilsonite ore conforming to the following specifications: Kinematic viscosity @ 1400F, cs. , ASTM D -445 Tests on residue from distillation to 680oF, ASTM D402: Penetration @ 770F, 5 sec, 100 gms Softening Point, R &B, of Solubility CC-1"4 % min., Water, % Max. G lsonite Rds_idue, % by weight HCL Precipitation value, % minimum 10 -20 2- 5 190 -220 99.5. 0.1 36 -42 30 visions.- 4 The manufacturer of the material to be used shall certify as to compliance with these specifications. The City may have. samples of the material to be used tested by a laboratory of its choice. 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 65oF. D. Method of Application The seal coating agent shall be applied by means of a pressure type distributor truck with insulated tanks and in conformance with the requirements of Sections 93 -1.03, and 94 -1.03 of the State Standard Specifications. I Special Provisions -.S v. • •, \ a r <� 9 0 Date 8-12 -68 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1170 Project Seal ogran , 1968 -69 Part II (Gilscnite Seal) Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Gilsabind Contractors Address: 12631 E. Imperial Hwy, Santa Fe Springs, Calif. 90670 Amount: $ 11, 435.20 Effective Date: August L2, 1968 Resolution No. 6833 Laura Lagios LL:dg Att. cc: Finance Department " 4x August 9, 1968 TO: CITY CLERK FROM: Public Works Department SUBJECT: SEAL COAT PROGRAM, 1968 -69, PART II (Gilsonite Seal) C -1170 Attached are three sets of Contract Documents and one set of Insurance Certificates for the subject project. 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 "is copies to me. l Derek H. White Design Engineer DHW /rj h Atts. h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ON ill 20 21 22 23 24 25 26 27 28 29 30 31 321 (LO) f t3 3L• 683.,,,, 3 I A .WL ffU% ^ \�P (�!J:�4CVT AIL OW M G�iq'�yi��}'piy CAS 11 " Gy 19"-69v PART U (GILSMM � WAUkAS, p ursumt to tkw noties Inviting bids for r`a . m*:Lstuq of dw seal east ps'rag sma 19690 490 Yart lI (Glee Ite Sesi) , In tbA C Of NOWPOrt 304014 LU ac<soTdsvereee with the plans and eps"UIcations heretofam A&ptad, bids ws received an the 12th JAW of July, 1968, and publicly opened and deal4red; and Wes, it appears that the lowest mepontible bUdeeer therefor is CU"bUW Coatmtorsi IOW, TMUnUj, U IT WS"M that the its of 1ss61" Contraeetors for the work in the sowint of #11,495.20 be accepted and that the contract for the eaastroattom VW44 be aw*xftd to said bidder. U IT i= S"VBA tba►t the Dgor and City Cloak &M hereby amtharised aced duwtod to ex"WA a avat=at in a,scoxdance with the epeaificatiaas, bid and this award an be- hOlf Of the City Of art beach, and that tlrs City Clm t be sdireated to tune ish an executed copy to the sue"ost al bid4or. 22 ..r.�. Jullr of rn o nr Y_r�v' Awyor A3'TLU t y all 0 • 259 July 22,,11968 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SEAL COAT PROGRAM, 1968 -69, PART II (GILSONITE SEAL),CONTRACT 1170 RECOMMENDATIONS: 1. Waive the irregularity of copies of Addenda 1 and 2 not being attached to the Proposal. 2. Adopt a resolution awarding the contract to Gilsabind Contractors for $11,435.20 and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Three bids were received and opened in the office of the City Clerk at 10:15 A.M. on July 12, 1968. BIDDER TOTAL Gilsabind Contractors, Santa Fe Springs $11,435.20 Lynam -Wood, Corona del Mar 11,616.00 R. W. McClellan 12,960.00 The low bid is 42% lower than the Engineer's estimate of $22,000. This lower cost is largely due to the fact that more contractors have entered into the business and a more competitive bidding situation exists. The cost is considered reasonable as evidenced by the similarity of the bids received. 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 $11,435.20 Contingencies 1,564.80 3,000.00 The low bidder did not include a copy of Addenda No.'s 1 and 2 with his proposal, as was required to verify receipt of the Addenda. However, he had received and was aware of the Addenda so waiver of the technical irregularity is recommended. The areas to be Gilsonite Sealed include portions of Old Newport, Lido Island and Dover Shores. 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 summer traffic needs. It is emphasized, how- ever, that there will be some unavoidable inconvenience to motorists. 1] 171 Page 2 - July 22, 1968 Public Works Department Subject: Seal Coat Program, 1968 -69, Part II (Gilsonite Seal), Contract 1170 The plans were prepared by the City. The estimated date of completion is September 30, 1968. eph T. Devlin lic Us Director ldg CITY OF NEWPORT BEACH SEAL COAT PROGRAM, 1968 -69 PART II ( GILSONITE SEAL) CONTRACT NO. 1170 PROPOSAL To the City Council CILSABIND CONTRACTORS City of Newport Beach 3300 Newport Boulevard 12631 East Imperial Hwy. Newport Beach, California Santa Fe Springs, Calif. 90670 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. 1170.in accordance with the City of Newport,Beach Drawing No. R- 5126 -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. 16,000 GILSONITE MATERIAL SEAL GALLONS COAT, COMPLETE IN.PLACE Qa No Dollars Seventy One and Forty and Seven One Hundreds Cents $0.7147 $11,435.20 per gallon TOTAL PRICE WRITTEN IN WORDS Eleven Thousand Four Hundred Thirty Five Dollars TOTAL and Twenty -------------- -- ---- --- ------ - - - - -- -Cents $11,435.20 ,. �- Iw 0 'ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORK; AS INDICATED IN THIS PROPOSAL; TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER, IN CASE_ OF A DISCREPANCY BETWEEN WORDS AND FIGURES; THE WORDS SHALL PREVAIL, IN CASE OF AN ERROR IN THE EXTENSION OF A UNIT PRICE; THE CORRECTED EXTENSION SHALL BE CALCULATED AND THE BIDS WILL BE COMPUTED AS INDICATED ABOVE AND COMPARED ON 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 OMOSSiONS ON THE PART OF THE UNDERSIGNED IN MAKING UP THIS BID. THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT WITH NECESSARY BONDS WITHIN TEN (10) DAYS, NOT INCLUDING SUNDAY; AFTER HAVING RECEIVED NOTICE THAT THE CONTRACT IS READY FOR SIGNATURE, THE PROCEEDS OF CHECK OR BOND ACCOMPANY- ING THIS BID SHALL BECOME THE PROPERTY OF THE CITY OF NEWPORT BEACH. LICENSED IN ACCORDANCE WITH THE STATUTES OF THE STATE OF CALIFORNIA PROVIDING FOR THE REGISTRATION OF CONTRACTORS, LICENSE NO. 226811 CLASSIFICATION C -12 ACCOMPANYING THIS PROPOSAL IS dLASH; LERTIFIED LHECK; LASHIER "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 FCR 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. Area code 213/863 -4757 PHONE NUMBER July 12, 1968 DATE 12631 E. Imperial Santa Fe Springs, Calif. 90670 GILSABIND CONTRACTORS BIDDER'S NAME (SEAL) T C. IGNATU Johnny h sident ,�) A ORIZED SIGNATURE Ronald, Wilkerson, Secy- Treas. A Corporation BIDDER'S ADDRESS TYPE OF ORGANIZATION (INDIVIDUAL, CORPOR.ATEOM; CO—PARTNERSHIP) LIST BELOW NAMES OF PRESIDENT; SECRETARY; TREASURER AND MANAGER IF A CORPORATION; AND NAMES OF ALL COPARTNERS IF A CO— PARTNERSHIP6 Johnny E. Johnson, President Leonard A. Rullo, Vice President Ronald J. Wilkerson, Secretary • ! 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. r ITEM OF WORK SUB- CONTRACTOR ADDRESS I NONE 2. 3• 4. 5- 6. 7 8 9 10 F. GILSABIND CONTRACTORS BIDDER'S NAME erson,Secy- Treas. AUTH R ZED SIGNA Johnny E. jjoljis , A California Corporation TYPE OF ORGANIZATION (INDIVIDUAL, COPARTNERSHIP OR CORPCRATION) 12631 E. Imperial Hwy. Santa Fe Springs, Calif. 90670 ESS L . t 0 0 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, PAGE 4 BOND NO. M- 114,797 THAT WE, GILSABIND CONTRACTORS , AS PRINCIPAL, AND PACIFIC EMPLOYERS INSURANCE COMPANY. A Cnrn_ , AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF Ten Percent of the Amount BkOOLLARS ($ 10% of bid ), LAWFUL MONEY OF THE UNITED STATES FOR THE PAYMENT OF WHICH SUM WELL AND TRULY TO BE MADE, WE BIND OURSELVES, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT IF THE PROPOSAL OF THE ABOVE BOUNDEN PRINCIPAL FOR THE CONSTRUCTION OF Application of Gilsonite Seal for the Seal Coat Program, 1968 -69 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 Ilth DAY OF Jul CORPORATE SEAL (IF CORPORATION) ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) GILSABIND CONTRACTORS PACIFIC EMPLOYERS SURETY BY Gv[ 6� �L P�iC A-Ler r L. McCord, Attorney -in -Fact TITLE STATE OF CALIFORNIA, } � COUNTY OF Los Angeles ))) ss. ON July 11 tg 68 before me, the undersigned, a Notary Public in and for the said State, personally appeared Jerry L. McCord , known to me to be the >d ida000l Attnrn Py —; n —Fa , bGIMIM the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State. PAIPC EMPLOYERS INSURANCE CCOANY A MEMBER OF PACIFIC EMPLOYERS GROUP (W OF INSURANCE COMPANIES HOME OFFICE - LOS ANGELES. CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That PACIFIC EMPLOYERS INSURANCE COMPANY, by ROBERT C SELLERS its Assistant Vice President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 19th day of May, 1939, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: 'RESOLVED: That the President or any Vice - President may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or any Vice - President, the Board of Directors or Execu- tive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or under- takings executed by any such Attorney -in -Fad shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint JERRY L.a Me CORD and LYNN ACKERSON of North Hollywood, California its true and lawful Attorney -in -Fad, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: Any and all bonds and undertakings not to exceed ONE HUNDRED THOUSAND AND NO/ 100 DOLLARS ($100,000.00) each. IN WITNESS WHEREOF the said Assistant Vice President has hereunto subscribed his name and affixed the cof go- rate seal of the said PACIFIC EMPLOYERS INSURANCE COMPANY, this 155th day of November A. D., 1900 - PACIFIC EMPLOYERS INSURANCE COMPANY By (Signed) Robert C. Sellers STATE OF CALIFORNIA i Assistant Vice— President COUNTY OF LOS ANGELES as On this 15th day of November A, D., 1966 , before the subscriber, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified, came the above named Assistant Vice President, of PACIFIC EMPLOYERS INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Los Angeles, the day and year first above written. (SEAL.) _ (Signed) Maurice W. Sizelove Notary Pnblir Mq Commission Expires June 5, 1968. I, the undersigned, R. C. Beeler, Secretary of PACIFIC EMPLOYERS INSURANCE COMPANY, do hereby certify that the original POWER of ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, this day of 19 Form Mis. 15 rM 4-63_ ,,, c.& R. C. Beeler, Secretary 0 PAGE 5 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED HAS AWARDED TO HEREINAFTER DESIGNATED AS THE "PRINCIPAL", A CONTRACT FOR IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS AND OTHER CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY CLERK. WHEREAS, SAID PRINCIPAL HAS EXECUTED OR IS ABOUT TO EXECUTE SAID CONTRACT AND THE TERMS THEREOF REQUIRE THE FURNISHING OF A 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, '1iE AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF DOLLARS ($ SAID SUM BEING ONE -HALF OF THE ESTIMATED AMOUNT PAYABLE BY THE CITY OF NEWPORT BEACH UNDER THE TERMS OF THE CONTRACT, FOR WHICH PAYMENT WELL AND TRULY TO BE MADE WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND ADMINISTRATORS, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE PERSON OR HIS SUBCON- TRACTORS, FAIL TO PAY FOR ANY MATERIALS) PROVISIONS, PROVENDER, OR OTHER SUPPLIES, OR TEAMS, USED IN, UPON, FOR, OR ABOUT THE PERFORMANCE OF THE WORK CONTRACTED TO BE DONE, OR FOR ANY OTHER WORK OR LABOR THEREON OF ANY KIND, OR FOR AMOUNTS DUE UNDER THE UNEMPLOYMENT INSURANCE CODE WITH RESPECT TO SUCH WORK OR LABOR, THAT THE SURETY OR SURETIES WILL PAY FOR THE SAME, IN AN AMOUNT NOT EXCEEDING THE SUM SPECI- FIED IN THE BOND, AND ALSO, IN CASE SUIT IS BROUGHT UPON THE BOND, A REASONABLE ATTORNEY IS 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 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 $205 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. AND THE SAID SURETY, FOR VALUE RECEIVED, HEREBY STIPULATES AND AGREES THAT NO CHANGE, EXTENSION OF TIME, ALTERATIONS OR ADDITIONS TO THE TERMS OF THE CONTRACT OR TO THE WORK TO BE PERFORMED THEREUNDER OR THE SPECIFICATIONS ACCOMPANYING THE SAME SHALL IN ANY WISE AFFECT ITS OBLIGATIONS ON THIS BOND, AND IT DOES HEREBY WAIVE NOTICE OF ANY SUCH CHANGE, EXTENSION OF TIME, ALTERATIONS OR ADDITIONS TO THE TERMS OF THE CONTRACTOR OR TO THE WORK OR TO THE SPECIFICATIONS. 1N THE EVENT THAT ANY PRINCIPAL ABOVE NAMED EXECUTED THIS BOND AS AN INDIVIDUAL, IT IS AGREED THAT THE DEATH OF ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY FROM ITS OBLIGATIONS UNDER THIS BOND. IN WITNESS WHEREOF, THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL A"!' SURETY ABOVE NAMED, ON THE DAY OF , 196 SEAL) (SEAL) (SEAL) CONTRACTOR (SEAL) (SEAL) (SEAL) APPROVED AS TO FORM= SURETY CITY ATTORNEY THIS BOND WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON DATE ATTEST% CITY CLERK • • PAGE 7 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED HAS AWARDED TO , HEREINAFTER DESIGNATED AS THE "PRINCIPAL", A CONTRACT FOR IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS AND OTHER CONTRACT DOCUMENTS NOW ON FILE IN THE OFFICE OF THE CITY CLERK OF THE CITY OF NEWPORT BEACH. WHEREAS, SAID PRINCIPAL HAS EXECUTED THE TERMS THEREOF REQUIRE THE FURNISHING SAID CONTRACT; NOW, THEREFORE, WE, OR IS ABOUT TO EXECUTE SAID CONTRACT AND BOND FOR THE FAITHFUL PERFORMANCE OF AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR", AND AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF DOLLARS ($ SAID SUM BEING EQUAL TO 50% OF THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID to THE SAID CITY OR ITS CERTAIN ATTORNEY, ITS SUCCESSORS) AND ASSIGNS; FOR WHICH PAY- MENT, WELL AND TRULY TO BE MADE, WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND AD-7 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 SMALL REMAIN IN FULL FORCE AND VIRTUE. 0 (PERFORMANCE BOND - CONTINUED) PAGE B 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 , lqC (SEAL) (SEAL) (SEAL) CONTRACTOR URETY APPROVED AS TO FORM: CITY ATTORNEY (SEAL) (SEAL) • NON- COLLUSION AFFIDAVIT 0 PAGE 9 THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRES�VF 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 THJI: 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 11th DAY OF JULY , 196 8 . MY COMMISSION EXPIRES March 26, 1972 W111is A. HolbrooK �; s 0 • 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 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. We have been in the asphalt concrete paving business since 1948. We have applied over a billion square feet of GILSABIND in the last six years. Our bonding capacity is in excess of $15,000,000.00. GILSABIND CONTRACTORS 0 son, Secy - Treas. 0 C O N T R A C T • PAGE II THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF , 191 _ BY AND BETWEEN THE CITY OF NEWPORT BEACH) CALIFORNIAN HEREINAFTER DESIGNATED AS THE CITY PARTY OF THE FIRST PART, AND HEREINAFTER DESIGNATED AS THE CONTRACTORS 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 THEREFOR; TO FURNISH AT HIS OWN PROPER COST AND EXPENSE ALL TOOLS EQUIPMENT, LABORS AND MATERIALS NECESSARY THEREFOR, (EX- CEPT SUCH MATERIALS, IF ANY AS IN THE SAID SPECIFICATIONS ARE STIPULATED TO BE FUR- NISHED BY THE CITY) AND TO DO EVERYTHING REQUIRED BY THIS AGREEMENT AND THE SAID PLANS AND SPECIFICATIONS. 2. FOR FURNISHING ALL SAID MATERIALS AND 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 PRICES 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 PROPOSALS 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 CONTRACTORS PROPOSALO 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/ &7 • • PAGE 12 5- PURSUANT TO THE LABOR CODE OF THE STATE OF CALIFORNIAN 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 CLAIMSX LOSS DAMAGE, INJURY, AND LIABILITY OF EVERY KIND, NATURES AND DESCRIPTION) DIRECTLY OR INDIRECTLY ARISING FROMTHE:PERFORMANCE OF THE CONTRACT OR WORK.. REGARDLESS OF RESPONSI- BILITY FOR NEGLIGENCE; AND FROM ANY AND ALL CLAIMS2 LOSS, DAMAGEX INJURY AND LIABILITYS 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 WHEREOF1 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 ITY CLERK BY: BY: APPROVED AS TO FORM: CITY ATTORNEY CONTRACTOR ITLE TITLE (SEAL) 0 0 T H E 12631 EAST IMPERIAL HIGHWAY 131 L SA S 1 N D SANTA FE SPRINGS, CAUFORNNl9M C O R PO R A T I O N July 12, 1968 To the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: 49CRU1dD PHONE: 863 "4157 * AREA CODE 213 We certify that the material to be supplied Gilsabind Contractors for use in the Seal Coat Program, 1968 -69 meets or exceeds all of the requirements of the spec- ifications, including that part which states "that the material shall be refined from natural gilsonite ore ". GILSABIND is refined solely from gilsonite ore and contains no volatile or non - volatiles from a foreign material. Very truly yours, THE GILSABIND CORPORATION j J r 7' Ronald -J. Wilkerson Sectary- Treasurer RJW /wh 31L, CCRP 104 GI[NUMD -i O 11 OR I ��II�RIIIYYIIIII nnnnvu���nem IIIYIIYIIII�IIIIIIIII� IIIIIIIAYIYAIAYIII �I 11111119YIIIIW �� �1 Illlllllll�l�llu NAi�� IIIIYINIIIIIIIIAIIIII 1■II�IRNllllnlllll ���Inllll Illnl�� m z c� z m m A a r 0 L a m -c n -- mh�i D � N v N C 3 3 s R C u x m a 0 Alk AK z z c� z m m A I d L m v o�on -�r D � N C 3 3 D A -C 'O w�a�mn ■YIe011NNISYIII m�■omnnnn��i IIIIII�ANIIIIIIIII�1 ��IIna111��NGINI� IIA�YI�111��1�911 I�I�II�II��lI�l�Ablq� z z c� z m m A I d L m v o�on -�r D � N C 3 3 D A -C 'O a on the :j2th day" of SEAL COAT 'FR( 2194 fuONTRAC No bid will be receiVed unless it ts'.iRa'Upt6e(4n'i�r6pbsal f6tHI furnished by the Public Works Departtnent: Each bid must be accomPani ed by. cash, certified check or Bidder's Bond made pa able to [he Ci[y 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 Sub - contractors 3. Page 4 - Bidde'r'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 Cor- porate Seal shall be affixed to all documents requiring signa- tures. In the case of a partnership, the signature of at least one general porter, is required. All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being ,given solely as a basis for the comparison of bids. So .bid will be accepted from a ".Contractor who has not been licensed in accordance with the provisions of Chapter 9, Divi- sion III of Business and Professions' Code. The Contractor shall state his license number and classification in the propo- sal. Plans, Special Provisions, and Contract Documents mac be obtained at the Public Works Department, 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 $2.00 will be required for each set of City of Newpoit Beaoh Standard Specifications. The Citv of Newpor( Beach reserves the right to reject any or all bids and to wane anv informality in such bids. In accordance with the provisions of Section 1770 of the Labor Code, the City .Council of the City of Newport Beach has as- certained the general prevailing rate of[ per diem wages in the locality in which the work is to be pert'armed for each craft or type of workman or mechanic needed to 'execute the contract and has set forth these items in Resolution No. 6519. A copy of said Resolution is available in the office of the City Clerk in the City of Newport Beach. The following is the schedule of revailing wa a rates, 1966- 67, for a selective list of classifications. Tog�ther with the information included in Resolution No. 6519, this schedule is to he considered a part of these contract specifications. Prevailing Rage Rates - 1966 -67 Classification (Selective Listing) (5/1/66)' (511167) Carpenters - 4.83 Cement Mason Journeyman 4,60 4.84 Laborers General or Construction, 3.70 " 3.85 Asphalt Raker & Ironer 3.91 4.06 Flagman 3.70 3.85 Guinea Chaser 3.78 3.93 Layin7 of all non- metallic pipe r 4.01 4.16 Tunnel C: lassifications Vibratorman, Jack Hammer, Pneumatic Tools, (except driller) 4.315 4.4445 OQQeret.. Engineers !7/1/66) (7/1/67 Uiler and signalman (Group 1) 4.38 4.53 Ski ,loader (Less yy yd.) (Group 2) 4.62, 4.77 Rodman and "Chainman (Group 3) 4.86 5.01 Instri mentman (Group 4) 4.97 5.12 Gradl Checker (Group 5) , 5:'16- 5.31 Paroment- breaker operator (Group 5) - 5.16 5.31 Grade -all operator (Group.6) 5.26' 5.41. Teamsters ;. `(b///67) Dump Track Driver (Less than ,4ds$ 4.35 4.50 Water truck driver (2500 gal. to 4000 gal'.) 4.53 4.68 Building and Construction trades (511/66)' (511167) Bricklayer & Stone Mason 5.15 5.15 Electrician - (711:166) (7/1/67) Journeyman Wireman" 6.11 . 6.55 Lather 4765 Painters 07066) (7/1/67) Journeyman - Spray '5.22'- 5.33 Piyye trades we :5.55 5.64 Any classification omitted' herein 'shall be the prevailing li .� .� :,. , u:.... June 24,,`1968 77 -J- TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ANNUAL STREET AND ALLEY SEAL COATING PROGRAM 1968 -69; (CONTRACTS 1169, 1170, AND 1171) RECOMMENDATIONS: 1 2 DISCUSSION: Approve the Plans and Specifications. Authorize the City Clerk to advertise for bids to be opened on July 12, 1968 as follows: C -1169 at 10:00 A.M. C -1170 at 10:15 A.M. C -1171 at 10:30 A.M. This program consists of three separate contracts based upon the use of three separate seal coating materials known as Fog Seal, Gilsonite Seal, and Slurry Seal. The estimated cost of the work is: C -1169 Fog Seal $14,000 C -1170 Gilsonite Seal 20,000 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 MFAM Im $54,00 P /j-"v N7 /v; 30 q. k, PARK AND RECREATION FUND 1968 -69 7 -t 2 _6 Patch and Seal Coat Corona Del Mar Beach Parking Lot 2,500 $56,500 The availability of the funds is contingent upon Council approval of these items as presented in the Capital Improvement 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 so as to allow contractors to 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. Page 2 Subject: Annual Street and Alley Seal Coating Program 1968 -69; (Contracts 1169, 1170 and 1171) The priority of the areas to be treated has been established in the Street and Alley Maintenance Study. The areas to be Fog Sealed include portions of Newport Shores, Old Newport, Dover Shores, and Eastbluff. The areas to be Gilsonite Sealed include portions of Old Newport, Lido Island, and Dover Shores. The areas to be Slurry Sealed include portions of Newport Heights, West Newport, Back Bay Drive, 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 in 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 summer 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. do oz N Joseph T. Devlin Public Works Director DHW /1dg