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Home My WebLink AboutC-1205 - Construction of Jamboree Road, Palisades, MacArthur extensionT!:: f/ 12,91 E C O N RE L IT ` ELECTRONICS. A DIVISION OF TAMAR 1 13225 SOUTH WESTERN "ENUE/GAROENA, CALIFORNIA 90249 APR 14 1971 March 29, 1971 By the CITY COUNCIL \ �� rITY The Honorable Mayor and yF�✓ c,� fF :- Members of the City Council City of Newport Beach , chi 3300 Newport Boulevard Newport Beach, California 92660 Subject: Public Works Contract 1205 Jamboree Road Improvements Dear Mr. Mayor and Members of the Council: This is to advise you that the Econolite Company will accept the City's claim for liquidated damages in connection with the delay in completion of the above referenced Public Works contract. The amount of assessed liquidated damages to be retained by the City is $3,300.00. The Econolite Company wishes to point out that the E. L. White Company, Inc., the prime contractor on the project, was not Econolite's customer; the electrical contractor, the Steiny & Company, was our customer. In summary we concur with the City Council, the Econolite Company is liable in the amount of $3,300.00 for assessed liquidated damages. The method of actually assessing this shall be deter- mined by the Council, we in turn wish to be certain there will be no additional charges assessed to the Econolite Company for this project. Very truly yours, ECONOLITE, A Division of Tamar Electronics, Inc. Frank Brunner Division Manager cc: E. L. White Company, Steiny & Company Dele APR 13 1971 COPIES SENT T0: .W.ror Inc. L�i J Wnnn¢e 0�3 \ ror n¢V ❑ hr..rr works Director 0 VW.... mg U{re¢for UIb¢r APR 1 1� ;' C�-O� yPIES SEN u T T1 Mayor 7U' ...7r rn o¢y .x � 0 i'iun niog IHreew Veber CO 4-1 C -) ...,:':+'c_ S � -- - _ .0 ism ::5�;_:. �yatr X`- a'.�.r.�4 - '�3 .v$49✓.�,�' a.. ' Z�»_ — -' -�� A!. i 3� Fyp ° i Z' March 16, 1971 5 the HonorabiQ.. Mayor and y, "embers of the' City Council City of Newport Beach: 3300 Newport Boulevar > - Ne er - wp._. t Beach, Californx 60 Subjecii : Public. Works Contract 1205 Jamboree Road improvements bar' Dear Mr. Maygr and Members of tt i'Council: This is to advise-you that ECOntlite, Inc., is willing to settle the City's`claim.for liquidated damages in connection with the de n completion ' p etion ofthe above referenced Public Worksract by stipulating that the City may retain the sum $3, 300, from the balance owing E. L. White Company, Inc. the..p�rime'contracr on'the project. to r -t Econolite, Inc., agrees that it will allow, a, deduction of. said sum of $3,300 from the amount due it -from E ',.. Wh'ite Company, Inc., in connection with said project. Yours very truly,:' ECONOLITE, INC. -1 By; ��zdll�l" . /J/y///l7/1/li J Cc: E. L. White Company, Inc. Public Works Department City Attorney W ..... _ _,.._. �. _....," '1q¢ ..,cd$. $S {r :3��. ?:i: u�° �w¢: �' +.- ..Y+ti�E.,'�lidnW.z.'..`;Av <..- d �.: .4�4c'!Kt'�'•,.E PLEA->E RETURN TO: LAURA LAGIOS, CITY CLERK 22164 CITY HALL NEV-PORT BEACH, CALIF. 92660 NOTICE OF COMPLETION PUBLIC WORKS I FREE C3 2Rr 9589 pa526 RECORDED AT REQUEST OF ON OF NEWPORT BEACH �N OFFSCIAI RECORDS OF ORANGE COUNTY, CALIF. 9:05 AM MAR 31 1971 ' 'j 1. WYLIE CARUU, To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on February 3, 1971 the Public Works project consisting of Jamboree Road Improvements, Road to MacArthur Boulevard (C -1205) on which E. L. White Go., Inc. was the contractor, and The American Insurance Company was the surety, was completed. I, the undersigned, say: 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 March 30, 1971 at Newport Beach, California. I, the undersigned, a I am the City Clerk of the City of Newport Beach; the City Council of said City on March 22, 1971 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 March 30, 1971 at Newport Beach, California. V- _ - L MAR 4'y 1W 1 TO: CITY COUNCIL By he CITY COUNCIL CITY ,or. FROM: Public Works Department SUBJECT: ACCEPTANCE OF JAMBOREE ROAD IMPROVEMENTS, PALISADES ROAD TO MAC ARTHUR BOULEVARD (C -1205) RECOMMENDATIONS: March 22, 1971 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. 4. Assess liquidated damages in the amount of $3,300.00. DISCUSSION: 1 The contract for the improvement of Jamboree Road between Palisades Road and MacArthur Boulevard has been completed to the satisfaction of the Public Works Department. The bid price was: $259,631.66 Amount of unit price items constructed: 258,813.32 Amount of change orders: 4,233.00 Total contract cost: 263,046.32 Change orders were issued for the following work: 1. Provide a longer traffic signal mast arm to accommodate a County requested change in the MacArthur Boulevard intersection. 2. Place hydro -mulch erosion control on the cut slope southerly of Palisades Road. 3. Provide a time delay switch in the traffic signal controller at the Palisades Road intersection. 4. Remove and replace approximately 160 lineal feet of 12 -inch water main to the new roadway grade. 5. Remove approximately 500 lineal feet of temporary asphalt curb in southbound Jamboree Boulevard northerly of MacArthur Boulevard. If March 22, Page Two Subject: 1971 Acceptance of Jamboree Road Improvements, Palisades Road to MacArthur Boulevard Financing of the contract was as follows: City (Gas Tax) $77,699.71 City (Water Fund) 4,540.40 County (Road Department) 63,909.40 County (A.H.F.P.) 77,699.71 State Division of Highways 39,197.10 Of interest is the fact that the accomplishment of this project required the negotiation of 6 separate cooperative agreements. The cooperation of Lockheed Aircraft Corporation, The Irvine Company, the State Division of Highways, and the Orange County Road Department enabled the success of the project. The contractor is E. L. White Company, Inc. of Orange, California. The contract date of completion was November 16, 1970. All work with the exception of the traffic signal at MacArthur Boulevard was completed by that date. The signal was placed in operation and'the read opened to traffic on February 3, 1971, 79 days after the required completion date. On March 8, 1971, the Public Works Department recommended to the City Council that liquidated damages in the amount of $7,900.00 be assessed for a 79 day delay in the completion of the traffic signal equipment. Because of extenuating circumstances associated with the delivery of parts and the testing of the equipment the vendor (Econolite) requested that consideration be given to a reduction in the amount of liquidated damages. As a result the Council directed the staff to see if a fair and reasonable settlement could be negotiated. In the negotiations, Econolite brought out some points which, while not specifically included in the Standard Specifications, were within the spirit of the sections dealing with extensions in time of completion. It was finally determined that the delays caused solely by Econolite totaled 33 days. Econolite has agreed to pay damages amounting to $3,300.00 for this period of time. The $3,300.00 will be apportioned among the agencies participating in the project. l J seph T. evlin P blic r Director ' • COLLINS RA� COMPANY NEWPORT BEACH 4W COLLINS �w ROBERT D. JOHNSON, Newport Beach, California 92663 area code 714/833 -0600 Cable: COUNRAD NEWPORT BEACH Vice President and General Manager July 9, 1968 City of Newport Beach C/ A /F.% Newport Beach, California Attention: Mrs. Doreen Marshall, Mayor Gentlemen: Completion of Jamboree Boulevard Since the transfer of Collins Radio Company's activities in early 1961 to our 180 -acre facility on the Irvine Ranch, our company has been a part of the Newport Beach community. In company with the Irvine Company, Lockheed Aircraft, Ford - Philco, the University, the State and County Highway Departments, and the cities of Newport Beach and Costa Mesa, we have tried to assist in the orderly and effective planning design, and construction of the key highway system service for our community. Since 1961 it has been the mutual understanding of those named above, that concurrent with the completion of the San Diego Freeway to its junction with the Santa Ana Freeway, Jamboree Boulevard would be com- pleted as a major arterial highway from the Pacific Coast Highway to the Sen Diego Freeway and beyond. The City of Newport Beach and the Orange County Road Department have each completed significant segments of Jamboree, and are to be commended on the planning, design, and ex- ecution of this work. The San Diego Freeway is scheduled for completion this calendar year - 1968. The joint County of Orange -City of Newport Beach projects from Coast Highway to Palisades Road are now open to traffic. The County of Orange project to widen and realign Jamboree to its hall divided arterial design will be completed from MacArthur Boulevard to the San Diego Free- way this fall. However, the 1500 -foot stretch of the projected piece of Jamboree between Palisades Road and MacArthur appears to be unplanned. We understand that the City of Newport Beach has no provision in this year's budget for this work. We are also concered that there apparently is no planning for a traffic signal at the new intersection of Jamboree and MacArthur. This signal will be a necessity for traffic safety at this intersection. COUNCIL: as -b� 7 -/z - 6 S SP °I'IUX Ire r /[Q!H /J.y /� /�oz'`° L ✓�� FILE:v - 2 - City of Newport Beach July 91 1968 Newport Beach, California Many of our employees as well as those of other occupants of the ad- jacent area who reside in Newport Beach need these vital links in going to and from work. Furthermore, all Newport Beach residents east of the harbor and the Back Bay will use the Jamboree route for direct freeway access. We respectfully urge that every effort be made to give the highest priority to the construction of the missing link. We will be happy to discuss this need with you, the Council and the City staff at your con- venience. Sincerely yours, and General Manager R. D. Johnson RDJ:sh cc: Mr. Harvey L. Hurlburt City Manager Newport Beach Mr. William Mason President Irvine Company Mr. John Lawson Vice President and General Manager Aeronutronic A Division of Philco -Ford "1 L-.A E. L. White Company, Inc. P. O. Box 712 C1 d G June 7, 1971 ar ea rove, CA Subject: Surety : The A►ric seurance Company Bonds No. : 7104196. _ Project : Jamboree Improvements, Palisades Road to MacArthur Boulevard Contract No.: 1203 . The City Council on March ZUc 1971 accepted the work of subject project and authorised 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 March 31, 1971, in Book No. 9589, Page 526. .Please notify your surety company that bonds may be released 3% days after . recording date. Laura Lagios City Clerk dg cc: Public Works Department .,..�_..:.._.. d�: -.:_,� NOTICE OF COMPLETION PUBLIC WORKS To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on February 3, 1971 the Public Works project consisting of Jamboree Road Improvements Road to MacArthur Boulevard (C-1205) on which E. L. White Co. , Inc. was the contractor, and The American InsuWance COMPaRY was the surety, was completed. I, the undersigned, say: 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 March 30, 1971 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 March 22, 1971 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 March 30, 1971 at Newport Beach, California. 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Date: March 30, 1971 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 Jamboree Road Improvements, Palisades Road to MacArthur Boulevard Contract No. 1205 on which E. L. White Co.. Inc. was the Contractor and The American Insurance Company was the surety. Please record and return to us. Very truly yours, Laura Lagios City Clerk City of Newport Beach LL :dg Encl. d MAR b lb/ aY the CITY CITY OF NEWPORT BEACH CITY ort Mcw"oOUR�AC H Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney v� 1. 118 March 8, 1971. Subject: Advisability of assessing liquidated damages against E. L. White Company in connection with a contract for improvement of Jamboree Road between Palisades Road and MacArthur Boulevard. The memorandum from the Public Works Department in connection with the above- referenced project, recommends :assessing liqui- dated damages on the contract with E. L. White Company. In light of the recommendation, this office feels obligated to point out certain additional information that the Council may want to consider in reaching its decision on whether or not to assess liquidated damages in this matter. The standard specifications for Public Works construction provides for $100 per day liquidated damages When the contractor fails to complete the work within the time allowed. The Jamboree Road improvements project was completed 79 days after the speci- fied completion date. The standard specifications also provide for delays and extensions of time under certain circumstances where the delay is caused by unforeseen events beyond the control of both the contractor and the agency. Labor disputes and strikes are two reasons cited in the specifications which may constitute such a delay. There is evidence that would indicate that the reason for the 79 day delay in the contract which is the- - -subject of this memorandum is 'due to the fact that the.contractor was unable to obtain certain parts from the supplier (Econolite) due to the fact that R.C.A. was on strike and R.C.A. was the manu- facturer of a certain type of "rectifier" needed by the supplier. The strike lasted from June 2, 1970, to August 30, 1970. The project in question was commenced on July 13, 1970, during the R.C.A. strike. Therefore, it has been suggested that the con- tractor, E. L. White Company, had knowledge of the strike and should have looked elsewhere for his supplies. There are, -1- • re: Liquidated damages 0 March 8, 1971. however, certain questions which remain unanswered. Did the specifications call for that certain part and no other? Were there other manufacturers besides R.C.A. who made the necessary "rectifier "? In addition, there is some evidence that E. L. White Company was never advised of the strike and; in fact, the supplier (Econolite) did not disclose this information to either E. L. White Company, or the subcontractor, Steiny & Company. In light of the foregoing, the contractor.may have a valid reason for the delay in completion of the project. The City's contract is with E. L. White Company and there is no direct relationship with the supplier. For the reasons stated, we have reservations about the ability of the City to successfully defend the recommended assessment of liquidated damages if the matter is litigated. We therefore recommend that if the Council determines to assess liquidated damages that the sum be segregated in a reserve account pending expiration of the statute of limitations or the completion of litigation, in the event that suit is brought against the City. THS:adw / - TULLY SEYMO City Attorney -2- 4�(- lyre By the CITY COUNCIL CITY 10'a plsyy PT R$ACH TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF JAMBOREE ROAD IMPROVEMENTS, PALISADES ROAD TO MAC ARTHUR BOULEVARD (C -1205) RECOMMENDATIONS: March 8, 1971 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. 4. Assess liquidated damages in the amount of $7,900.00. DISCUSSION: M The contract for the improvement of Jamboree Road between Palisades Road and MacArthur Boulevard has been completed to the satisfaction of the Public Works Department. The bid price was: $259,631:66 Amount of unit price items constructed: $258,813.32 Amount of change orders: $ 4,233.00 Total contract cost: $263,046.32 Change orders were issued for the following work: 1. Provide a longer traffic signal mast arm to accommodate a County requested change in the MacArthur Boulevard intersection. 2. Place hydro -mulch erosion control on the cut slope southerly of Palisades Road. 3. Provide a time delay switch in the traffic signal controller at the Palisades Road intersection. 4. Remove and replace approximately 160 lineal feet of 12 -inch water main to the new roadway grade. 5. Remove approximately 500 lineal feet of temporary asphalt curb in southbound Jamboree Boulevard northerly of MacArthur Boulevard. • March 8, 1971 Page Two Subject: Acceptance of Jamboree Road Improvements, Palisades Road to MacArthur Boulevard Financing of the contract was as..follows: City (Gas Tax) $77,699.71 City (Water Fund). $ 4,540.40 County (Road Department) $63,909.40 County (A.H.F.P.) $77,699.71 State Division of Highways $39,197.10 Of interest is the fact that the accomplishment of this project required the negotiation of 6 separate cooperative agreements. The cooperation of Lockheed Aircraft Corporation, The Irvine Company, the State Division of Highways, and the Orange County Department enabled the success of the project. The contractor is E. L. White Company, Inc. of Orange, California. The contract date of completion was November 16, 1970. All work with the exception of the traffic signal at MacArthur Boulevard -was completed by that date. The contractor and traffic signal- supplier were 'repeatedly advised of the completion date and the $100.00 per day liquidated damage provisions of the specifications. The signal was placed in operation and. the road opened to traffic on February 3, 1971, 79 days after the required completion date. lin Director PURCHASE ORDER a4 OF NEWPORT BEAT 390111 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92660 PHONE: (714) 673 -2110 .- VENDOR No. INVOICE IN DUPLICATE THIS ORDER NUMBER MUST APPEAR ON ALL INVOICES: SHIP- PING ,NOTICES, SILLS OR LAD- ING, EXPRESS RECEIPTS AND PACKAGES.. DELIVERY TICKETS SMALL IN- C LUDE'UNIT PRICE. E. L. White Co.,.Inc. DATE June 30, 1970 P. 0. Box 712 Garden Grove, Calif. DEPARTMENT City Council SHIP TO QUANTITY DESCRIPTION OF ARTICLES OR.SERVIC ES ftEQ UIRED UNIT PRICE TOTAL Jamteree .Road ifiprovements - Palisades/ftortilar as per contract This is purchase order 1.'1, #3799 See P. 0. #2 for )80,000.00;, #3900' P. 0. #3 for 95,000.00, and #3801' P. U. #4 for 5,000.00 43802 Contract #1205 Resolution #7172 . I M P O R T A N T 79,631.66 Show as a separate item any retail sales tax, use tax or Federal tax applicable to this purchase. This order subject to California sales tax. All aliowab:e transportation charges must be prepaid a .d nu ,n .^.., c :_epnr Tic itcm on the invoice. Do not include Federal, transportston tax:. .. DEPARTMENT COPY 79,631.66 CITY OF NEWPORT BEACH D. W. MEANS PURCHASING AGENT , VENDOR C SHIP TO i.. PURCHASE ORDER NO. 8 � � �� CA, �Wl NEWPORT 3 INVOICE IN DUPLICATE THIS .ORDER N MUST APPEAR_oX ALL INVOICE, S, SXIP- *00 NEWPORT BOULEVARD PIRO #NOTICES, BILLS OF LAD- . INO, EXPRESS RECEIPTS, AND NEWPORT BEACH, CALIFORNIA 92660 " PACKAGES' .. DELIVERY TICKETS 'SMALL IN- PHONE: (714) 673 -2110 CLUDE UNIT PRICE. C. L. White Co., Inc. _n� DATE June 30, 1970 P. Box 712 Garden Grove, Calif. DEPARTMENT City Council QUANTITY DESCRIPTION OF ARTICLES OR SERVICES REQUIRED UNIT PRICE TOTAL Jamboree Road improvements - Palisades /MacArthur as per contract This is purchase Order #2, #3800 80,000.00 See P. U. iii for $79,636.66, #3799 P. 0. #3 for 95,000.00, and #3801 P. 0. #4 for 5,000.Du #3802 Contract #1205 Resolution 17172 FOR CITY USE ONLY IMP 0. R T A N T . CITY OF NEWPORT BEACH CODE AMOUNT '.0- 3389 -501 r' 80,000.00 Show as a separate item any retail sales tax, use tax or Federal tax applicable to this purchase. r it This order subject to California sales tax. D. W. MEANS All allowable transportation charges must be prepaid and s=hown as a separate item on the invoice. Do not PURCHASING AGENT include Federal transportation tax. DEPARTMENT COPY I 12! VENDOR PURCHASE ORDER aA OF NEWPORT BEAR 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92660 PHONE: (714) 673.2110 E. L. White Co., Inc. r. o. Box 712 Garden Grove, Calif. SHIP TO No. INVOICE IN DUPLICATE THIS ORDER. NUMBER MUST' APPEAR ON ALL INVOICES, SHIP - ING NOTICES, BILLS OF LAD- EXPRESS RECEIPTS AND GES. D LIVERY TICKETS SMALL IN- CLJDE UNIT PRICE. DATE June 30, 1970 .. LIEPARTMENT MY Council QUANTITY DESCRIPTION OF ARTICLES OR SERVICES REQUIRED UNIT PRICE TOTAL Jamboree Road improvements - Palisades /MacArthur :Fsc. as per contract Tnis is purchase order #3, #3801= 95,bQ�.04 See ±'. 0. #1 for $79,631.66, #3799 P. J. #2 for 80,000.00, and #3800 P. U. #4 for 5.000.00 #3802 Contract #1205 Resolution #7172 FOR CITY USE ONLY I M P O R T A N T CITY OF NEWPORT BEACH CODE AMOUNT i- 3329 - 054 95,000.00 Show as a separate itam any retail sales tax, use tax or Federal tax applicable to this purchase.` " -"' This order subject to Calitocnia sales tax. D. W. MEANS All aiiaevabTe transportation ch a: ges must he prepaid and shown as a separate item on the invoice. Do not PURCHASING AGENT include Federal transportation tax. DEPARTMENT.COPY 5 VENDOR C cum Tn PURCHASE ORDER �`�'` No. 3802 3 , CA OF NEWPORT B a& INVOICE IN DUPLICATE TMIB_, -ONA - NUMBER .MUST I APPEAR ON'ALL INVOICES, SNIP- - PING NOTICES, BILLS. OF LAD- ' 3300 NEWPORT B D INS, EXPRESS, RECEIPTS AND j NEWPORT BEACH, CAU FORNIA 92660 - ,; -PACKAGES. ' 7141 673 -2110 DELIVERY TICKETS SMALL IN PHONE .� ! CL UOE UNIT PRICE. E. L.. White Co., Inc. = DATE June 30; F970 P. 0. Box 712 carirn Grove, Calif. DEPARTMENT City Council QUANTITY DESCRIPTION OF ARTICLES OR SERVICE"EQUIRED UNIT PRICE TOTAL Jamboree Road improvel.,ents -Palisades/MacArthur as per contract This is purchase order #4, #3802 5,000:00 See P-0. #i for $79,631.66, #37" P, 0. #2 for 80,000,00, and #3800 P. 0. #3 for 95,000.00 #3801 Contract. #1205 Resolution #7172 FOR CITY USE ONLY - I M P O R T A N T - CITY OF NEWPORT BEACH CODE AMOUNT : 3- 9297 -066, 5.000.00 Show as a separate item any retail sales tax, use 'tax . or Federal tax applicable to this purchase. "^-- - - This order subject to California sales tax. - D. W. MEANS - All allowable transportation charges must be prepaid and shown as a separate item' on the invoice. Do not PURCHASING AGENT - include Federal transportation tax. " DEPARTMENT COPY CITY OF NEWPORT BEACH TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1205 0 Date July 14. 1970 Attached are 8 executed copies of subject contract for your files and for transmittal to the contractor. Contractor: E. I.. Vdts Cmpww, rm. .. Amount: $ 269,681.66 Effective Date: July "s 1970 Resolution No, 7179 adopted on 6 -22 -70 M LL:dg Att. cc: Finance Department ❑ ENDORSEMENT This endorsement, effective (� -35 -7Q (12:0) ., standord time) issued to E. L. WHITE CO., INC. by FIREMAN'S FUND INSURANCE COMPANY 0 , forms a part of policy No. LC -166 47 74 ADDITIONAL INSURED IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THE POLICY FOR BODILY INJURY AND FOR PROPERTY DAMAGE LIABILITY APPLIES, SUBJECT TO THE FOLLOWING PROVISIONS: 1. THE UNQUALIFIED WORD "INSURED" ALSO INCLUDES CITY OF NEWPORT BEACH CITY HALL 3300 W. NEWPORT BLVD. NAT BEACH, CALIF. BUT ONLY WITH RESPECT TO WORK PERFORMED BY THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING DESCRIBED OPERATIONS: JAMBOREE ROAD IMPROVEMENTS — C -1205 2. THE INSURANCE WITH RESPECT TO SAID PERSON OR ORGANIZATION DOES NOT APPLY: A) TO LIABILITY ASSUMED BY SAID PERSON OR ORGANIZATION UNDER ANY CONTRACT OR AGREEMENT. B) TO ANY ACT OR OMISSION OF SAID PERSON OR ORGANIZATION OR ANY OF HIS EMPLOYEES, OTHER THAN GENERAL SUPERVISION OF WORK PERFORMED BY THE NAMED INSURED. C) TO OPERATIONS WHICH HAVE BEEN COMPLETED OR ABANDONED BY THE NAMED INSURED. All other terms and conditions of this policy remain unchanged. Endorsement No. 19 �Zc shp Authorized Representative pz•esee1 CERTIFICATE OF LEATHERBY INSURANCE SERVICE, INC. INSURANCE BOX 5347 FULLERTON, CALIFORNIA 92632 (714) 879 -8903 (213) 691 -0718 CERTIFICATE City of Newport Beach ISSUED TO City Ball 3300 W. Newport Blvd. Newport Beach, Calif. NAMED White L E. L. ite an INSURED B Company, Inc. P 0 Boa 712 Garden Grove, Calif. THIS IS TO CERTIFY that the following described policies and /or certificates are in force and expire as indicated herein: KIND OF INSURANCE INSUROR POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY COMPENSATION Zenith National EFF 1O -1 -69 STATUTORY WORKMEN'S COMPENSATION EXP CALIFORNIA COMPENSATION - BODILY INJURY LIABILITY $ .000 EACH PERSON EFF (INCLUDING AUTOMOBILE) $ ,000 EACH OCCURRENCE EXP E .000 AGGREGATE PROD. PROPERTY DAMAGE $ ,000 EACH OCCURRENCE EFF GENERAL $ ,000 AGGREGATE EXP AUTOMOBILE $ ,000 EACH OCCURRENCE COMBINED SINGLE LIMIT BODILY Fireman's Fund LC166 -47 -74 EFF 9 -1 -69 $1,000.000 EACH OCCURRENCE INJURY AND PROPERTY DAMAGE EXP 9 -1 -70 Auto 5 General Continental Cas RDU900 -970 EFF 9 -1 -69 EXP 9 -1 -70 AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE EFF $ FIRE AND THEFT $ COLLISION OR UPSET EXP LE55 $ DEDUCTIBLE LOSS PAYABLE TO REMARKS Job: Improvement of Jamboree Road from Palisades Road to MacArthur Boulevard, A.H.F.P. No. $01 - Contract No. 1205 This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be construed as extending coverage not afforded by the policy(ies) shown above or as affording insurance to any insured not named above. This policy shall not be cancelled nor materially reduced in coverage until after 10 days written notice of such Cancellation or reduction in coverage shall have been mailed to this certificate holder. DATE 6 -29 -70 BY -2 y+� Dom= I✓�� / (AUTHORIZED REPRE6 NTATIVE FORM 148-B 14B•B c L • ENDORSEMENT This endorsement, effective 6 -25-70 02:01 A. M., standard time) issued to E. L. WRITE CO., INC. by FIREMAN'S FUND INSURANCE COMPANY u , forms a part of policy No. LC -166 47 74 ADDITIONAL INSURED IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THE POLICY FOR BODILY INJURY AND FOR PROPERTY DAMAGE LIABILITY APPLIES, SUBJECT TO THE FOLLOWING PROVISIONS: 1. THE UNQUALIFIED WORD "INSURED" ALSO INCLUDES CITY OF NEWPORT BEACH CITY HALL 3300 W. NEWPORT BLVD. NROPORT BEACH, CALIF. BUT ONLY WITH RESPECT TO WORK PERFORMED BY THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING DESCRIBED OPERATIONS: JAMBOREE ROAD IMPROVEMENTS — C -1205 2. THE INSURANCE WITH RESPECT TO SAID PERSON OR ORGANIZATION DOES NOT APPLY: A) TO LIABILITY ASSUMED BY SAID PERSON OR ANY CONTRACT OR AGREEMENT. UNDER B) TO ANY ACT OR OMISSION OF SAID PERSON OR ORGANIZATION OR ANY OF HIS EMPLOYEES, OTHER THAN GENERAL SUPERVISION OF WORK PERFORMED BY THE NAMED INSURED. C) TO OPERATIONS WHICH HAVE BEEN COMPLETED OR ABANDONED BY THE NAMED INSURED. All other terms and conditions of this policy remain unchanged. Endorsement No. ehp ne- esse-t J _ T- Authorized Representative i+.. 0 CERTIFICATE OF INSURANCE 0 0 LEATHERBY INSURANCE SERVICE, INC. BOX 5347 FULLERTON, CALIFORNIA 92632 (714) 879 -8903 (213) 691 -0718 CERTIFICATE • City of Newport Beach ISSUED TO City Hall 3300 W. Newport Blvd. Newport Beach, Calif. NAMED INSURED E. L. White Company, Inc. P 0 Box 712 Garden Grove, Calif. THIS IS TO CERTIFY that the following described policies and /or certificates are in force and expire as indicated herein: KIND OF INSURANCE INSUROR POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY COMPENSATION Zenith National EFF 10 -1 -69 STATUTORY WORKMEN'S COMPENSATION Insurance Co. DM610186 EXP 0 -1 -70 CALIFORNIA COMPENSATION - BODILY INJURY LIABILITY 1 $ .000 EACH PERSON EFF (INCLUDING AUTOMOBILE) $ ,000 EACH OCCURRENCE EXP E ,000 AGGREGATE PROD. PROPERTY DAMAGE $ .000 EACH OCCURRENCE EFF GENERAL $ ,000 AGGREGATE EXP AUTOMOBILE $ ,000 EACH OCCURRENCE COMBINED SINGLE LIMIT BODILY Fireman's Fund LC166 -47 -74 EFF 9 -1 -69 $ 1,000.000 EACH OCCURRENCE INJURY AND PROPERTY DAMAGE EXP 9 -1 -70 Auto 5 General Continental Cas RDU900 -970 EFF 9 -1 -69 EXP 9 -1 -70 AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE EFF $ FIRE AND THEFT $ COLLISION OR UPSET EXP LESS $ DEDUCTIBLE LOSS PAYABLE TO REMARKS Job: Improvement of Jamboree Road from Palisades Road to MacArthur Boulevard, A.H.F.P. No. 501 — Contract No. 1205 This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be construed as extending coverage not afforded by the policy(ies) shown above or as affording insurance to any insured not named above. This policy shall not be cancelled nor materially reduced in coverage until after 10 days written notice of such cancellation or reduction in coverage shall have been mailed to this certificate holder. DATE 6 -29 -70 / AUTHORIZED REPRESENTATIVX» e FORM 148 -B CONTRACT NO. 1205 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR IMPROVEMENT OF JAMBOREE ROAD FROM PALISADES ROAD TO MAC ARTHUR BOULEVARD A.H.F.P. NO. 501 APPROVED BY THE CITY COUNCIL ON THIS 25 DAY;OF MAY 1970 1/. a Laura agio6 /, /Uty CTert 0 June 8, 1970 CONTRACT NO. 1205 IMPROVEMENT OF JAMBOREE ROAD FROM PALISADES ROAD TO MAC ARTHUR BOULEVARD AHFP NO. 501 ADDENDUM NO. 1 Please revise Section 11 -7 on Page 7 of the Special Provisions as follows: PARAGRAPH 2 Class 1 aggregate base, 3/4" maximum size, conforming to the requirements of Section 26 -1.02A of the Standard Specifications, modified as follows, may be substituted for Class 3 aggregate base as specified above: Sieve Size Percentage Passing Sieve 1 -1/2" 100 3/4" 90 -100 No. 4 35 -55 30 10 -30 200 2 -9 Sand equivalent by Test Method No. Calif. 217 shall be 40 minimum. PARAGRAPH 4 At the discretion of the Engineer, the R -Value requirement may be waived as provided in Section 26 -1.02A and B of the Standard Specifications. Please show date of receipt of the Addendum on the Proposal or insert a copy with your proposal. njam n S. Nolan Assistant Public Works Director GPP /ldg 1 Date received Authorized , TI— Signature ETTY 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 9.30 A.M. on the 16th day of J nene , 19]Q, at which time they will be a opened and read, for performing work as follows: JAMBOREE ROAD CONSTRUCTION - PALISADES ROAD TO MAC ARTHUR BLVD. CONTRACT NO. 1205 Bids must be submitted on the Proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the Proposal Form is to be retained by the bidder for his records. 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 title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The Contract Documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the 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 S of Sha e1Tb affTxe� to aTT documents requiring signatures. In the case of a Partnership, the signature of at least one general partner is required. NQ bids will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The Contractor shall state his license number and classification in the Proposal. Plans and Contract Documents, including Special Provisions, may be obtained at the Public Wprks 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 and Contract Docu- ments issued to others. It is requested that the Plans and Contract Documents be returned within 2 weeks after the bid opening. The City has adopted the Standard Specifications for Public Works Construction (1967 Edition and Supplements) as prepare y the Southern California Chapters of t e merican Public Wprks Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Ave., Los Angeles, Calif. 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $2.00 per set. The City reserves the right to reject any or all bids and to waive any informality in such bids. i • City of Newport Beach, California Notice Inviting Bids In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), 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, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolution No. 6982, adopted May 12, 1969. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). 5 -15 -69 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL FOR JAMBOREE ROAD FROM PALISADES ROAD TO MAC ARTHUR BOULEVARD CONSTRUCTION BID ITEMS OF WORK P OX, ITEMS WITH UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 1 4 ea. Remove existing concrete catch basins Two Hundred Dollars each $ 200.00 $ 800.00 2 Lump Sum Remove existing 54" culvert outlet structure Two Thousand Dollars Lump Sum $ $ 2,000.00 3 226 l.f. Remove 10" and 18" CMP culvert Five Dollars per 1.f. $ 5.00 $ 1,130.00' 4 Lump Sum Abandon 12" CMP culvert (to be removed or filled with sand) Five Hundred Dollars Lump Sum $ $ 500.00 5 Lump Sum Clearing and grubbing Two Thousand Dollars Lump Sum $ $ 2,000.00 0 ITEMS H UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 6 13.940 c.y. Roadway excavation Seventy Cents per c.y. $ ,70 $ 9,758.00 7 400140 c.y. Local borrow material, com- pacted cubic yards in place, including original ground Fifty -Five Cents per c.y. $ .55 $ 22,077.0 8 14,600 tons Aggregate base Three Dollars per ton $ 3.00 $ 43,800.0 9 1,001 1.f. 16" A.C.P. water main Fifteen Dollars l.f. $ 15.00 $15,015.0 10 2 each Butterfly Valves (Dresser 450 or equal) Seventeen Hundred Dollars each $ 1700.00 $3400.00 11 73 1.f. 8" A.C.P. (Class 150) water main Seven Dollars per l.f. $ 7.00 $511.00 12 1 each 8" gate valve per std. 507 -L Three Hundred Dollars each $ $300.00 APPROX. ITEMS WITH UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 13 3,530 tons Asphalt concrete Six Dollars Seventy Cents per ton $ 6.70 $ 23,651.00 14 4,260 s.y. Place asphalt concrete (miscellaneous areas including capping) Fifty Cents _ per s.y. $ .50 $ 2,130.00 15 Lump Sum 18" RCP inlet structure (including encasement, grate and junction structure No. 4) Six Hundred Dollars Lump Sum $ $ 600.00 16 Lump Sum 84" RCP inlet structure Two Thousand Dollars Lump Sum $ $ 2,000.00 17 Lump Sum 84" and 54" RCP outlet struc- ture, including 54 l.f. of chain link fence Seven Thousand Dollars Lump Sum $ $ 7,000.00 18 Lump Sum 84" RCP concrete block plug Three Hundred Dollars Lump Sum $ $ 300.00 0 0 APPROX. E WITH UNIT PRICE UNIT PRICE coated ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 19 96 1.f. 54" RCP (13000) including per l.f. $ 17.00 $ 340.00 concrete collar (12 Ga.), Thirty Eight Dollars per l.f. $ 38.00 $ 3648.00 20 264 l.f. 84" RCP (1350D) per l.f. $ 16.50 $ 2046.00 Seventy Five protection Dollars per l.f. $ 75.00 $ 19,800.00 21 20 l.f. 24" CMP (12 Ga.), bituminous coated Seventeen Dollars per l.f. $ 17.00 $ 340.00 22 124 l.f. 22" x 13" C.M.P.A. (12 Ga.), bituminous coated Sixteen Dollars Fifty Cents per l.f. $ 16.50 $ 2046.00 23 150 tons 1/4 ton rock slope protection Eleven Dollars per ton $ 11.00 $ 1650.00 24 2,570 l.f. Type "B" curb One Dollar Seventy Cents per l.f. $ 1.70 $ 4369.00 25 1,390 l.f. Type "D" curb One Dollar Seventy Cents per l.f. $ 1.70 $ 2363.00 28 13,162 s.f. 3" PCC paving (median and traffic islands) Forty Three Cents per s.f. $ ,43 $ 5659.66 29 7 ea. Clearance and guide markers Seven Dollars each $ 7.00 $ 49.00 30 7 ea. Adjust valve box covers to grade Forty Dollars each $ 40.00 $ 280.00 31 Lump Sum Traffic signal modification (Jamboree at Palisades) Twenty Three Thousand Dollars Lump Sum $ $ 23,000.00 32 Lump Sum Traffic signal installation (Jamboree at MacArthur) Fifty Four Thousand Dollars Lump Sum $ $ 54,000.00 ITEMS WITH UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 26 550 1.f. Type "C" curb One Dollar Eighty Cents per l.f. $ 1.80 $ 990.00 27 310 l.f. Type "E" curb (A.C.) in place including A.C. One Dollar Fifty Cents per l.f. $ 1.50 $ 465.00 28 13,162 s.f. 3" PCC paving (median and traffic islands) Forty Three Cents per s.f. $ ,43 $ 5659.66 29 7 ea. Clearance and guide markers Seven Dollars each $ 7.00 $ 49.00 30 7 ea. Adjust valve box covers to grade Forty Dollars each $ 40.00 $ 280.00 31 Lump Sum Traffic signal modification (Jamboree at Palisades) Twenty Three Thousand Dollars Lump Sum $ $ 23,000.00 32 Lump Sum Traffic signal installation (Jamboree at MacArthur) Fifty Four Thousand Dollars Lump Sum $ $ 54,000.00 0 0 APPROX. ITEMS WITH UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 33 Lump Sum Remove two buildings Fifteen Hundred Dollars Lump Sum $ $1500.00 34 Lump Sum 33" RCP (1800D) including junction structure, inlet, and grate Twenty -Five Hundred Dollars Lump Sum $ $2500.00 GRAND TOTAL PRICE WRITTEN IN WORDS Two Hundred Fifty Nine Thousand 9Q'k'W f GRAND TOTAL Six Hundred Thirty One Dollars and and Sixty Six Cents Cents $ 259.631.66 t Page 2 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 omissions on the part of the under- signed 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 bind 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. 248797 Classification C -12 Accompanying this proposal is Bidder's Bond (Cash, Certified Check, Cashier's Check or Bond in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. (714) 638 -3163 Phone NUmber June 16, 1970 ate E. L. White Co., Inc. Bidder's Name (SEAL) /s/ E. L. White, President Authorized Signature Authorized Signature Corporatio ype of rganization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: E. L. White Elaine Stevens President and Manager Secretary - Treasurer Page 3 DESIGNATION OF SUB - CONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the sub - contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub - contractors except upon the prior approval of the Engineer. Item of Work Sub - contractor Address 1. Signals Steiny, Inc. ( Steiny Mitchel) Anaheim, California 2. Pipe Work Thomas Contracting Company Garden Grove, California 3. Concrete L. J. Davis Company Orange, California 5. 6. 7. 8. 9. 10. 11. 12. E L White Co. Inc. Bi der s Name /s/ E. L. White, President Authorized Signature Corporation Type of Organization (Individual, Co- partnership or Corp) 12311 Chapman, Suite 121 Garden Grove California 92640 ress • FOR ORIGINAL, SEE CITY CLERKS ILE COPY Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, E. L. WHITE COMPANY, INC. as Principal, and THE AMERICAN INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent of the amount bidDollars ($ , 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 JAMBOREE ROAD FROM PALISADES ROAD TO MAC ARTHUR BOULEVARD (AHFP PROJ. NO. 501) C -1205 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday and Sunday) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 11th day of June 19 70 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney in Fact) Carl Armstrong, Attorney -in -Fact Martha Capps, Notary Public Commission expires October 21, 1970 E. L White Co Inc. r ncipa BY: E. L. White, President ( /s /) THE AMERICAN INSURANCE COMPANY urety By Carl Armstrong Title Attorney -in -Fact BOND NO. 7104196 PAGE 5 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREASs THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH STATE OF CALIFORNIA BY MOTION ADOPTED June 22, 1970 HAS AWARDED TO E. L. White Company, Inc. HEREINAFTER DESIGNATED AS THE °PRINCIPAL °p A CONTRACT FOR Jamboree Road from Palisades Road to Mac Arthur Boulevard (AHFP Proj. No. 501) C -1205 IN THE CITY OF NEWPORT BEACH- IN STRICT CONFORMITY WITH THE DRAWdNQB.AND SPECIFI- CATIONS AND OTHER CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY CLERK'. WHEREAS, SAID PRINCIPAL HAS EXECUTED OR 19 ABOUT TO EXECUTE SAID CONTRACT AND. THE TERMS THEREOF REQUIRE THE FURNISHING OF A BOND WITH SAID CONTRACT. PROVIDINQ THAT IF SAID PRINCIPAL OR ANY OF HIS OR ITS SUBCONTRACTORS, SMALL FAIL TO PAY FOR ANY MATERIALS, PROVISIOMSp PROVENDER OR OTHER SUPPLIES OR TEAMS USED INS UPOH.. FORS OR ABOUT THE PERFORMANCE OF THE WORK AGREED TO BE DONEE 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, THEREFOREp WE F._ L_ WHTTF rOMPANV` INC- AS PRINCIPALS HEREINAFTER DESIGNATED AS THE CONTRACTOR AND AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH IN THE SUM OF FIFTEEN AND 3 /100ths J]NE HTINT)RF.I] TWENTY —NTNF. THffiRAND FIGHT R7T)RF.D DOLLARS �� 199�R15_Rj )'o SAID SUM BEING ONE —HALF OF THE ESTIMATED AMOUNT PAYABLE BY THE CITY OF NEWPORT BEACH UNDER THE TERMS OF THE CONTRACTS FOR WHICH PAYMENT WELL AND TRULY TO BE MADE WE BIND OURSELVES2 OUR HEIRS.9 EXECUTORS AND ADMINISTRATORS2 SUCCESSORS OR ASSIONS2 JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE PERSON OR HIS SUSCON- TRACTORSp FAIL TO PAY FOR ANY MATERIALS PROVIS11ONSp PROVENDERp OR OTHER SUPPLIES OR TEAM411 USED IN/ UPON/ FORS OR ABOUT THE PERFORMANCE OF THE WORK CONTRACTED TO BE DONEE OR FOR ANY OTHER WORK OR LABOR THEREON Or ANY KINDS OR FOR AMOUNTS OUE UNDER THE UNEMPLOYMENT INSURANCE CODE WITH RESPECT TO SUCH WORK OR LABOR, THAT THE SURETY OR SURETIES WILL PAY FOR THE SAMEj IN AN AMOUNT NOT EXCEEDING THE SUM SPECI- FIED IN THE BOND, AND ALSOO IN CASE SUIT IS BROUGHT UPON THE 90140t A REASONABLE ATTORNEYS FEES TO BE FIXED BY THE COURT. AS REQUIRED BY,THE PROVISIONS OF SECTION 4204 OF THE GOVERNMENT COOK OF THE STATE. OF CAt IFSRNIA. • • PAnE 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 CHANGES 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 AND SURETY ABOVE MAMED, ON THE 25th DAY OF .r_ JUNE , 19k w E. L. WHITE WMANY, C, 6rAL) La+a ) fSEAL% CONTRACTOR .- APPROV D ,KS TO FORM: r UAMA CITY ATTORNEY THIS BOND WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON DATE ATTESTS CITY tLcRK tSLAL) SEAL) CARL ARMSTRONG, Attorneg -i� Fect SURETY Stare of CALIFORNIA County of ORANGE i ss' On June 2$, 1970 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Carl Armstrong known tome to be Attorney -in -Fact of The American Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. r IN WITNESS WHEREOF, I r A; My Commission I InUand and affixed my official seal, the day and year stated in this certificate above. OFFICIAL SEAL �) ESTHER PUBLIC LI PAULSON NOTARY VUeLIC•CALIFORNIA OPME IN NotaryY Public ORANGE COUNTY ES1HR H. PAUL N hly CrImmisslen Expims September 12, job • BOND NJ&7104196 PREMIUM: $1,339.00 PAGE 7 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTSp THAT WHEREAS$ THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH$ STATE OF CALIFORNIA BY MOTION ADOPTED June 22 1970 HAS AWARDED TO E. L. White Company, Inc. HEREINAFTER DESIGNATED AS THE "PRINCIPAL"" A CONTRACT FOR Jamboree Road from Palisades Road to MacArthur Boulevard (AHFP Pro.i. No. 501) C -1205 IN THE CITY OF NEWPORT 13EACHO 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,. WEp _ E. L. WHITE COMPANY, INC. AS PRINCIPAL., HEREINAFTER DESIGNATED AS THE "CONTRACTOR", AND THE AMERICAN INtURANCE COMPANY AS SURETY, ARE HELD AND FIRMLY BOUND UNTO TIIE CITY OF NEWPORT BEACKV IN THE SUM OF �ii THIRTY -ONE AND g /100THS TWO iTNi] RD FTFTV -NTNF. L ^n iCANn STX HMRFD DOLLARS kf 9- 59�(i11_FiFi )A SAID SUM BEING EQUAL TO JIM= THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID TO THE SAID CITY OR ITS CERTAIN ATTORNEYI ITS SUCCESSORSI AND ASSIGNS; FOR WHICH PAY - MENT, WELL AND TRULY TO BE MADE, WE BIND OURSELVES$ OUR HEIRSS EXECUTORS AND AD- MINISTRATORSO SUCCESSORS OR ASSIONSp JOINTLY AND SEVERALLYS FIRMLY BE THESE PRE- SENT$. 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 BYI AND WELL AND TRULY KEEP AND PERFORM THE COVENANTS, CONDITIONS AND AGREEMENTS IN THE $AID CONTRACT AND ANY ALTERATION THEREOF MADE AS THEREIN PRO- VIDED ON HIS OR THEIR PARTS TO BE KEPT AND PERFORMED AT THE TIME AND IN THE MANNER THEREIN SPECIFIEDv AND IN ALL RESPECTS ACCORDING TO THEIR TRUE INTENT,.AND MEANINOM AND SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF NEWPORT BEACH ITS'OFFICERS AND AGENTS AS THEREIN STIPULATED THEN THIS OBLIGATION SHALL BECOME NULL AMC VOID; OTHERWISE IT SMALL REMAIN IN FULL FORCE AND VIRTUE. I ti► n U (PERFORMANCE BOND - CONTINUED) • PAGE 8 AND SAID SURETY, FOR VALUE RECEIVED,.HERE8Y STIPULATES AND AGREES THAT NO CHANGED EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CONTRACT OR TO THE WORK TO BE PERFORMED THEREUNDER OR THE SPECIFICATIONS ACCOMPANYING THE SAME SHALL IN ANY WISE AFFECT ITS OBLIGATIONS ON THIS BOND, AND IT DOES HEREBY WAIVE NOTICE OF ANY CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CONK TRACT OR TO THE WORK OR TO THE SPECIFICATIONS. IN THE EVENT THAT ANY PRINCIPAL ABOVE NAMED EXECUTED THIS BOND AS AN INDIVIDUALp IT IS AGREED THAT THE DEATH ON ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY FROM ITS OBLIGATIONS UNDER THIS BOND. IN WITNESS WHEREOF$ THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL AND SURETY ABOVE NAMEO$ ON THE 25TH DAY OF JUNE , ioA 70 APPROVED AS TO FORM: ` CITY ATTORNEY E. L. WHITE'COMPANY INC. (SEAL) K'`'CAL% . By = = (SE -AL) CONTRACTOR / , 77- lt� CARL .. ARMSTRONG, my� -Fact State of CALIFORNIA County of ORANGE ss: On. Jube 25, 1970 therein, duly commissioned and sworn, personally appeared before me, a Notary Public in and for said County and State, residing Carl Armstrong known to me to be Attorney -in -Fact of The American Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said Corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day aTy state 'n this certificate above. IIIIIINIIMIIIIt1111111111114111111111111Hp14111M1144MIIIIIM111111111111HIIpI441M41p4444t1ry OFFICIAL SEAL ESTHER H. PAULSON ` My Commission Expires? - ^' "^ ^• ' ^OgNIA PRINCIPAL OFFICE IN Notary Public ORANGE COUIM ESfHER H. PAULSON NY Commission Expires septemw 72. 1WO Page 9 NON - COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present.at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants 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 attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material - man which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no induce- ment or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomesoever 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 16th day of June , 19 70. My commission expires: May 14. 1971 E._ L. White Company, Inc. /s/ E. L. White, President Elma Elaine Stevens Notary P011C FOR ORIGINAL SEE CITY CLERKS FILE COPY • 0 Page 10 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. Have been in the contracting business since August of 1965. Completed 3.5 million dollars in work 1968 and again in 1969. Approximately the same. Own $250,000.00 worth of Heavy Construction Equiptment Can Bond $L,000,000.00 on contracts. Have Accounts Receivable $76,390.94 Cash in Bank $62,666.43 Keep all accounts paid current. s E. L. White Y _ igne Page 10e TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Orange Public Works 633 -2300 Completecl For Whom Performed (Detail) Person to Contact Telephone No 1970 City of Westminster Public Works 893 -4511 Ext 537 -4200 1469:, City'of Newport Beach 1470' City, of LaPalma Public Works 523-7700 r - L9T0.' city 'of Huntington Beach Public Works " 536 -6551 X970 City.of Orange Public Works 633 -2300 County'ofl0rsnge Road Department 834 -3456 City of-Garden Grove Public Works 537 -4200 1469:, City'of Newport Beach :Public Works 679 -2110 1970; Irvine Industrial Complex Ray Kimmey 833 -1010 M " r: r x 0 C O N T R A C T 0 PACE II THIS AGREEMENTS MADE AND ENTERED INTO THIS/.0k4 DAY OF 1962-01 BY AND BETWEEN THE CITY OF NEWPORT BEACH, CALIFORNIAN HEREINAFTER DES ONATED AS THE CITY PARTY OF THE FIRST PARTS AND E. L. White Company. Inc. HEREINAFTER DESIGNATED AS THE CONTRACTOR, PARTY OF THE SECOND PART. WITNESSEITH: THAT THE PARTIES HERETO 00 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 J bboree Road from Palisades Road to MacArthur Boulevard (AHFP Pro,i. No. 501) C -1205 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., EQUIPMENTS LABORS AND MATERIALS NECESSARY THEREFORE (E%- CEPT SUCH MATERIALS IF ANYO AS IN THE SAID SPECIFICATIONS ARE STIPULATED TO BE FUR- NISHED BY THE CITY), AND TO 00 EVERYTHING REQUIRED" BY"THIS. AGREEMENT AND THE SAID PLANS AND SPECIFICATIONS. 2. FOR FURNISHING ALL SAID MATERIALS AND LABORS TOOLS AND EQUIPMENTS AND DOING ALL THE WORK CONTEMPLATED AND EMBRACED IN THIS AGREEMENTS 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; ALSDO 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 SASISs 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 EMPLOYS AND DOE& HEREBY EMPLOY THE SAID CONTRACTOR TO PROVIDE THE MATERIALS AND TO DO THE WORK ACCORDING TO THE TERMS AND CONDITIONS HEREIN CONTAINED AND REFERRED TO FOR THE PRICE AFORESAID, AND HEREBY CONTRACTS TO PAY THE SAME AT THE TIMES IN THE MANNERS AND UPON THE CONDITIONS SET FORTH IN THE SPECIFICATIONS; AND THE SAID PARTIES FOR THEMSELVES THEIR HEIRS, EXECUTOR30 ADMINISTRATORS, SUCCESSORS AND ASSIGNSj DO HEREBY AGREE TO THE FULL PERFORMANCE OF THE COVENANTS HEREIN CONTAINED. 4. THE NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS., CONTRACTOR'S PROPOSALS AND THE PLANS AND SPECIFICATIONSj AND ALL AMENDMENTS THEREOFS WHEN APPROVED BY THE PAR- TIES HERETOs OR WHEN REQUIRED BY THE CITY IN ACCORDANCE WITH THE PROVISIONS OF THE PLANS AND SPECIFICATIONS9 ARE HEREBY INCORPORATED IN AND MADE PART OF THIS AGREEMENT. 2 /7X7 • w PAGE 12 5. PURSUANT TO THE LABOR CODE OF THE STATE OF CALIFORNIAO 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., DAMAGED INJURYO AND LIABILITY OF EVERY KINDS NATURES AND DESCRIPTIONS DIRECTLY OR INDIRECTLY ARISING FROMTHE PERFORMANCE OF THE CONTRACT OR WORKS REGARDLESS OF RESPONSI- 81LITY FOR NEGLIGENCE; AND FROM ANY AND ALL CLAIMS., LOS3,9 DAMAGES INJURY, AND LIABILITY HOWSOEVER THE SAME MAY BE CAUSEDp RESULTING DIRECTLY OR INDIRECTLY FROM THE NATURE OF THE WORK COVERED BY THE CONTRACTS 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: b CITY ER i APPROVED AS TO �FORK: CITY ATTORNEY CITY OF NEWPORT BEACH ALIF IA '47 !7BY: C, . MAYOR mm mm's will (SEAL) TITLE BY: TITLE r•J (SIT'{ u.- f- i= ;':JPORi C h --;': TO: CITY COUNCIL FROM: Public Works Department June 22, 1970 SUBJECT: JAMBOREE ROAD CONSTRUCTION - PALISADES ROAD TO MAC ARTHUR BOULEVARD (C -1205) RECOMMENDATION: Adopt a resolution awarding the contract to E. L. White, Inc., Garden Grove, for $259,631.66 and authorizing the Mayor and the City Clerk to execute the Contract. DISCUSSION: E -3 r-e) Five bids were received and opened in the office of the City 'Clerk at 9:30 A.M. on June 16, 1970: Bidder City Total E. L. White, Inc. Garden Grove $259,631.66 Sully Miller Contracting Company Orange $278,763.76 Hess Construction Company Long Beach $278,999.46 Mark Construction Company Garden Grove. $288,159.36 R. J. Noble Company Orange $290,355.30 The low bid was 7% above the engineer's estimate of $242,704.00 The project will be funded as follows: City Gas Tax $ 80,000.00 AHFP (County) 809000.00 County of Orange 59,000.00 State Division of Highways 36,000.00 City Water Fund 5,000.00 $260,000.00 Cooperative financing agreements with the State, County and and County AHFP have previously been approved by the Council. Presently budgeted for this project in the Gas Tax Fund and the Gas Tax Contributions Fund (AHFP) is $75,500. It will be necessary to increase this amount by $4,500 in each fund. A budget amendment has been prepared for Council consideration. E. L. White, Inc. has performed satisfactorily on past contracts and appears to be qualified to do the work,required by this contract. The estimated date of completion is November 1, 1970. eph Devlin lic o k in :bg 6 6 R2 :,,0i, 101 IID. 7.7 2 1 2 A RL5'rL3 MX" OF `'`ka SJITY »A=IL OF THE {: Iii OV NVAPM HACH A =YTft= ?OIL WWRLA.S. r%' - 'rsua. it to the notice ;![ vitirY g Oids for work in ocsYi v c cr;. With irvrov ry =r : i jamboree Road £roo k alisades auj to HgzarLhar Frjulevard, Im uZoordancae with taw playas and spec z:wi�atiious hexer.- '--VG as:vpt ;', as wore received or.. the 16th day kI «Tiaras, 1970, pia; puL.1-twiy Dpeued and .!aclazea, and i HEVAS, it appears that the lowest responsible bidder u-;.,�vfor is E. L. White, IA:;- of Carden Grove; NW # }Sc., BL IT RE%LVED by Cane City Gca mci.l of t.?* city of Ne-Wort teach. chat che fait! of E. L. White, Inc. 'or tkw i ozk its the ai=unt of $254,631.66 be accepted, and that -the contract for the described worts be awarded to saki bic4ur: IT IMHEA ALSOLVLaa that the Mayor and City Clerk are to reby authorized and direct execute a coatrazt in a.xor4am;e with Lha spacifiaationaa bid and this award on behaif the i,ity of. HewpoAt A(-"h, and that the City Clams b€ uiraated to fuxvish an excauced copy to the s=aessful bidder. AWfUJ this 12rid day of June, 1473, ATILS ;.ty Clerk year TU Bbl 6117/70 CONTRACT NO. 1205 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS 11111:1 IMPROVEMENT OF JAMBOREE ROAD FROM PALISADES ROAD TO MAC ARTHUR BOULEVARD A.H.F.P. NO. 501 APPROVED BY THE CITY COUNCIL ON THIS 25 DAY OF MAY 1970 'Laura Lagiot,l City C er , 7 A 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 9:30 A,M. on the 16th day of June , 193Q, at which time they wi a opened and read, for performing work as7o Tows. JAMBOREE ROAD CONSTRUCTION - PALISADES ROAD TO MAC ARTHUR BLVD. CONTRACT NO. 1205 Bids must be submitted on the Proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the Proposal Form is to be retained by the bidder for his records. 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 title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The Contract Documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the 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 Sea Sha eTT�ixe3- to all documents requ r ng signatures. In the case of a Partnership, the signature of at least one general partner is required. No bids will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The Contractor shall state his license number and classification in the Proposal. Plans and Contract Documents, including Special Provisions, may 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 and Contract Docu- ments issued to others. It is requested that the Plans and Contract Documents be returned within 2 weeks after the bid opening.. The City has adopted the Standard Specifications for Public Works Construction (1967 Edition and Supplements) as prepare by the Southern California Chapters of t e merican Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Ave., Los Angeles, Calif. 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $2.00 per set. The City reserves the right to reject any or all bids and to waive any informality in such bids. .• City of Newport Beach, California Notice Inviting Bids In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), 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, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolution No. 6982, adopted May 12, 1969. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). 5 -15 -69 June 8, 1970 CONTRACT NO. 1205 IMPROVEMENT OF JAMBOREE ROAD FROM PALISADES ROAD TO MAC ARTHUR BOULEVARD AHFP NO. 501 ADDENDUM NO. 1 Please revise Section 11 -7 on Page 7 of the Special Provisions as follows: PARAGRAPH 2 Class 1 aggregate base, 3/4" maximum size, conforming to the requirements of Section 26 -1.02A of the Standard Specifications, modified as follows, may be substituted for Class 3 aggregate base as specified above: Sieve Size Percentage Passing Sieve 1 -1/2" 100 3/4" 90 -100 No. 4 35 -55 30 10 -30 200 2-9 Sand equivalent by Test Method No. Calif. 217 shall be 40 minimum. PARAGRAPH 4 At the discretion of the Engineer, the R -Value requirement may be waived as provided in Section 26 -1.02A and B of the Standard Specifications. Please show date of receipt of the Addendum on the Proposal or insert a copy with your proposal. njam n B. Nolan Assistant Public Works Director GPP /ldg Date received l Authorized Signature 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL FOR JAMBOREE ROAD FROM PALISADES ROAD TO MAC ARTHUR BOULEVARD CONSTRUCTION BID ITEMS OF WORK APPROX. ITEMS WITH UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 1 4 ea. Remove existing concrete catch basins !o l- each $ 000, 00 $ 200, 00 2 Lump Sum Remove existing 54" culvert outlet structure Lump Sum $ 3 226 l.f. Remove 10" and 18" CMP culvert per l.f. $ 4 Lump Sum Abandon 12" CMP culvert (to be removed or filled with sand) A S Lump Sum $ 5 Lump Sum Clearing and grubbing 9 0 L4" 4Ae C- Lump Sum $ $ ?,000, 00 5-,00 $ ,� Do . vo $ ZGOO• 0 0 12 1 each 8" gate valve per std. 507 -L each $ $300,00 APPROX. ITEMS H UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 6 13,940 c.y. Roadway excavation per c.y. $ . %0 $ 7 40,140 c.y. Local borrow material, com- pacted cubic yards in place, including original ground �22, D77 op per c.y. $ , S3 $ 8 14,600 tons Aggregate base S°3 8� o0 per ton $ 3, o o $' 9 11001 l.f. 16" A.C.P. water main %SOIj.OU 10 2 each �� 8!itterfly Valves ( Dresser 450 or equal) each $ /700, oo $ 3116)0,00 11 73 l.f. 8" A.C.P. (Class 150) water main per l.f. $ loo 12 1 each 8" gate valve per std. 507 -L each $ $300,00 0 16 Lump Sum 84" RCP inlet structure �16 GG /JOO& Lump Sum $ $ 2>000,00 17 Lump Sum 84" and 54" RCP outlet struc- ture, including 54,1.f. of chain link fence 04Z/JeS Lump Sum $ $ %poo,00 18 Lump Sum 84" RCP concre�te / block plug Lump Sum $ $ 30o G� APPROX. ITEMS WITH UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 13 3,530 tons Asphalt concrete �y7JrAJ X akagS per ton $ 61 %D 14 4,260 s.y. Place asphalt concrete (miscellaneous areas including capping) �7 7-:!;- ✓ _per S.Y. 15 Lump Sum 18" RCP inlet structure (including encasement, grate ,and junction structure No. 4) Lump Sum $ $ 61,0: 00 16 Lump Sum 84" RCP inlet structure �16 GG /JOO& Lump Sum $ $ 2>000,00 17 Lump Sum 84" and 54" RCP outlet struc- ture, including 54,1.f. of chain link fence 04Z/JeS Lump Sum $ $ %poo,00 18 Lump Sum 84" RCP concre�te / block plug Lump Sum $ $ 30o G� • APPROX. APPROX. ITEMS WITH UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 19 96 l.f. 54" RCP (1300D) including concrete collar LkzZ4w&-S per l.f. $ 09,00 20 264 l.f. 84" RCP (1350D) �FUFvT ?' �=i y� k�GGG,4 per l.f. $ -7.::;;00 $ A9 900,d0 21 20 l.f. 24" CMP (12 Ga.), bituminous coated tan�C per l.f. $ 1'f e; C> 22 124 l.f. 22" x 13" C.M.P.A. (12 Ga.), bituminous coated S2g -� ) L4-'14,es ,o i 72' 7-5 per l.f. 23 150 tons 1/4 ton rock slop` 'protection `G/�UE.Ci %lflGG�.LS per ton $ /�'00 $ /6Sd.00 24 20570 l,f, Type "B" curb 75 per 1 .f. $ 1170 $ �36 y. co 25 1,390 l.f. Type "D" curb Per l.f. $ /,70 $ Z363.o0 r] I* ITEMS WITH UNIT PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 26 550 1.f. Type "C" curb per l . f . $ $ QUO, gas> 27 310 l.f. Type "E" curb (A.C.) in place including A.,,C\\. per l.f. $ l�3 D $ 28 13,162 s.f. 3" PCC paving (median and traffic islands) f N��E �f�i ' • O.2T �' S per s.f. $ $ 29 7 ea. Clearance and uide markers each $ %DO I $ 5100 30 7 ea. Adjust valve box covers to grade 1 each $ y0,0& 31 Lump Sum Traffic signal modification (Jamboree at Palisades) 742,5 � L Lump Sum $ $Z3,b��•va 32 Lump Sum Traffic signal installation (Jamboree at MacArthur) fly— C&,4,05 Lump Sum $ $ J yOwi oo ITEMS WITH T PRICE UNIT PRICE ITEM QUANTITY WRITTEN IN WORDS IN FIGURES AMOUNT 33 Lump Sum Remove two buildings Lump Sum $ $ /aaao:oo 34 Lump Sum 33" RCP (1800D) including junction structure, inlet, and grate — i Lump Sum GRAND TOTAL PRICE WRITTEN IN WORDS 77r/co r`�U.ui�2Fd FifTi'�/ivF %�`ac✓59vr� Dollars $r�Cf/ar�o2lsrS T.s1�er�/ mtiF i�0�� 4�s and Cents $ $ co 1 GRAND TOTAL $ i 1 IJ ,. M"E AM1 'JACAN INSURANCPCOMPANY BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We. E . L. WHITE CO., INC. (hereinafter called the principal), as principal, and THE AMERICAN INSURANCE COMPANY, a corporation organized and doing bustress under and by virtue of the lawe of the Stale of New )ereey, and duly licensed for the purpose of makinq, guaranteeinq or becoming sole surety upon bonds or undertakings required or authorized by the,laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE AMOUNT BID Dollars ($ ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, Jointly and severally, firmly by, thew presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesatd, Is about to hand to and submit to the obligee a bid or proposal for the JAMBOREE ROAD in accordance with the plans and specifications filed in the office of the obligee and under the notice Inviting proposals therefor. NOW. THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond far the completion of sold work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surely have caused these Presents to be duly signed and sealed this I I th day of JUNE ►9 70 360277— (TA) -11-66 BILI 'kli THE AMERICAN INSURANCE COMPANY - � emu. %(.r.':�:•.__C• -_. By . ,., C RL ARMSTRONG Atlemeq•tn•Faet st,-.,o 01 CALIFOR IA,,: County C! ORAM en JUNE 11, 1970 , before me, a Notary Public in and for said County and State, residing duly commissioned and sworn, personally appeared CARL ARMSTRONG known to me to iu, Atiornoy-m-Fact of THE AMERICAN INSURANCE COMPANY tie corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the sa.d instrument in behalf c[ the said corporation, and he duly acknowledged to me that such corporation executed the same. 1N WITNESS WFEFIE01r, re to et m and and allixed my official seal, the day and year stated in this certificate above. MARTHA CAPPs "f, Commission Expire -M I -UnIC-CAL(FO NIA L/ PRMCIR^dL CFFI-�: (,14 Notary Public '47� OplAtllcc COUNTY My Commission Expires Oct. 21, 1973 Page 2 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 omissions on the part of the under- signed 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 bind 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 providin for the registration of Contractors, License No. �g�6 197 Classification o-/ z- Accompanying this proposal is 4 ludsn, l.ertitlea LneCK, Gasnler -s LneCK or lion in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. one umm ear Bidder Name (SEAL) ate 'Authorized ignature Authorized igna ure a%) 7.1 ry. Type of rganization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: i 4 c 'E Page 3 DESIGNATION OF SUB - CONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the sub - contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub - contractors except upon the prior approval of the Engineer. Item of Work Sub - contractor Address 2 3 4. 5. 6. 7. 8. 9. 10. 11. 12. 4) Type of Organization (Individual, Co- partnership or Corp) �f /Ai °maro' u, Address Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, , as Principal, and , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday and Sunday) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 19 Corporate Seal (If Corporation) Principal (Attach acknowledgement of Attorney in Fact) z Title 0 0 Page 9 NON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants 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 attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material - man which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no induce- ment or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomesoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me by this /� day of 7 e , 19� My commission expires: My Ccmm65101 "P'r ?s Oily Id, 1271 ary PUMIC ., ..... » ...... .......................OFFICIAL cc _. ELMA ELAINE STEVENS p NOTARY PUBLIC -CALIFORNIA 5 t' PRINCIPAL OFFICE IN f ORANGE COUNTY f i«........... ....._.. ...... .. ........................ ..... ..............' 0 0 Page 10 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. Si gne — /�� 0 0 Page l0a TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. Signed u s n m 1 I i� _ r M 0-1 0� ma z �Iv cnz� co v N C 3 3 a X -c i�i�ui�' �dI11111,�Nnliwlfl �YIIIII�IIIAR�IIIII! _ r M 0-1 0� ma z �Iv cnz� co v N C 3 3 a X -c I rn 0 -4 0 q. M ri n )> ;v --i (n z rr In I r I hop 51cmr t9 CD A fQ - G ;7 K 97 fN FO !1 4 rk 12 rn Lk 0 U . lu Ap ri 11 wn Y. n ri ri -v C, c lu - ri ko &i D v% Ll 0 0 ril 'I h I'l 'I Zi C: rn 0 -4 0 q. M ri n )> ;v --i (n z rr In I r I