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Home My WebLink AboutC-1237 - Seal coat program 1969-70, Part Iv CITY OF NEWPORT BEACH CALIFORNIA Date: Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 July 15, 1. 970 Attached for recordation is Notice of Completion of Public Works project consisting of Seal Coat Program. 1969 -70 Contract No. 1237 on which R. W. McClellan Sono was the Contractor and National Surety Corporation was the surety. Please record and return to us. LL: dg Encl. 7�� -7o AGO Very truly yours, Laura Lagios City Clerk City of Newport Beach 7',7,".. 7.; T,. H TO: W..4. M' 'CLERK 10883 Boox9347 PACE 931 NOTICE OF COMPLETION PUBLIC WORKS To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on June 1, 1 the Public Works project consisting of Seal Coat Program, 1 on which R. W. McClella3 was the contractor, and Na was the surety, was completed. VERIFICA I, the undersigned, say: -70 (C-1237 CITY OF NEWPORT BEACH /-'%—� K-1 I Director 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 July 15, 1970 at Newport Beach, California, r. VERIFICATION Or CITY I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on 0 July 13. 1970 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 Jlp Ar) NE,'Vp�:'. 15, 1970 at Newport Beach, California. ........... . ..... - FREE C3 RECORDED AT REQUEST OF SM (W KNIM101 KIM IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIF. 9:05 AM JUL 16 1970 k NU E MYLE, Cwty Recorder July 13,1970 ey the C:,r' C� C ITY of r vou�Igb��NCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF SEAL COAT PROGRAM, 1969 -70 (C- 1237) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the Seal Coat Program, 1969 -70 has been completed to the satisfaction of the Public Works Department. The bid price was:. $ 39,087.00 Amount of unit price items constructed: 37,957.82 Amount of change orders: -0- Total contract cost: 37,957.82 Amount budgeted in Account No. 02- 3397 -206: $ 39,587.00 The contractor is R. W. McClellan and Sons of Costa Mesa, California. The contract date of completion was -December 23, 1970. Because the fall weather was cool and overcast, the Public Works Department and the contractor agreed to postpone completion of the work until this spring. Work was started in early April and completed by June 1, 1970. seph - blic to D /ldg tin Director 0 CITY OF NEWPORT BEACH TO: Public Works Department 40 Date •opt*m *r 19. 1969 FROM: City Clerk SUBJECT: Contract No. 1237 Project S*d Coat Program. 1969 -78 - Kusry god Attached are . 2 executed copies of subject contract for your files and for transmittal to the contractor. Contractor: A- W. isci ua. ad 90"s SRO. Address: IS1 Coeaeoereual Nyr. Costs Maas 92627 Amount: $ 39.487.0 Effective Date: 9.19 -69 Resolution No. 7055 adopted on 4-25 -69 LL:dg Att. cc: Finance Department iii /Ii.,... :r ,. vy it y fA1. d1SPS)kptember 17, 1969 l '9I I TO: CITY CLERK `c FROM: Public Works Department 4, SUBJECT: SEAL COAT PROGRAM,-1969-70 - SLURRY SEAL r C-1237 Attached are four sets of Contract Documents and Insurance Certificates for the subject project. These documents have been reviewed and approved at 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 Contractorls,_Public Works', and the Bonding Compa ny's copies to me. - Derek H. White , Project Engineer . DHW /bg i Att.:` :r 0 Approved by the City Council on this 28th day of July, 1969 L ura Lagios, Vty Uerk CONTRACT NO. 1237 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR SEAL COAT PROGRAM, 1969 -70 SLURRY SEAL rTY C,eE�rK � Page 1 ' CITY OF NEWPORT BEACH, CALIFORNIO '.' NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:00 A.M. on the 14th day of Amu ust�, 1969 . at which time they wiTT be opened and read, for performing work as follows: SEAL COAT PROGRAM, 1969 -70 SLURRY SEAL CONTRACT NO. 1237 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 SeaT Sha eT1-6 af_f xe� to aTT documents requiring 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 prepared by the Southern California- Chapters of the Amer can 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. ® Page la 5 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 die;7 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). a 1\ 5 -15 -69 To The City Council City of Newport Beach 3300 W. Newport Boulevard Newport Beach, California Gentlemen: CITY OF NEWPORT BEACH SEAL COAT PROGRAM, 1969 -70 SLURRY SEAL CONTRACT NO. 1237 PROPOSAL The undersigned declares that he has carefully examined the .location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 1237 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit price for the work, complete in place, to wit: 900 Slurry Seal Coat (SS 1 -h) Extra Long Applied in Place Tons Forty -Three Dollars and Forty- Three: Cents Per Extra Long Ton TOTAL PRICE WRITTEN IN WORDS THIRTY -NINE THOUSAND & EIGHTY -SEVEN Dollars and NO /100ths: Cents 43.43 ;'$9,087.00., TOTAL $ 3%087.00 Page 2 ALL BIDS ARE TO BE COMPUTED ON THE BA31S OF THE GIVEN ESTIMATED QUANTITIES OF WORK AS INDICATED IN THIS PROPOSAL, TIMES THE U%IT PRICE AS $yBI11TTED 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 TH13 PROPOSAL ARE APPROXIMATE ONLYO BEING GIVEN SOLELY AS A BASIS FOR COMPARISON OF 8105• THE UNDERSIGNED HAS CHECKED CAREFULLY ALL OF THE ABOVE FIGURES AND UNDERSTANDS THAT THE CITY WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE PART OF THE UNDERSIGNED IN MAKING UP THIS BID. THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT WITH NECESSARY BONDS WITHIN TEN (10) DAYS, NOT INCLUDING SUNDAYS AFTER HAVING RECEIVED NOTICE THAT THE CONTRACT IS READY FOR SIGNATURES THE PROCEEDS OF CHECK OR SORO 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 TTME REGISTRATION OF CONTRACTORS LICENSE N0. #247551 CLASSIFICATION C12. SA, — SC 21 SB 1: ACCOMPANYING THIS PROPOSAL IS Bidders Bond: CASH CERTIFIED CHECKS CASNIER'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 a3 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 WORN OF TNIS CONTRACT* 714- 548 -5511 PHONE NUMBER August 14, 1969 DATE R W McClellan & Sons Inc Rlnnre'a Naur A California Corporation c TYPE OF ORGANIZATION (INDIVIDUALS CORPORATIONS CO- PARTNERSHIP) LIST BELOW NAMES OF PRESIDENTS SECRETARY,, TREASURER AND MANAGER 'li A,CORPORATIONR AND NAMES OF ALL CO- PARTNERS IF A CO- PARTNERSHIP: R W McClellan,Sr Sr. Vice President R W McClellan,Jr. Pres. Michael W McClellan Secr. & 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 BIDS SUBJECT TO THE APPROVAL OF THE CITY ENGINEERS AND IN ACCORDANCE'WITH THE APPLICABLE PROVISIONS OF THE SPECIFICATIONS. NO CHANGE MAY BE MADE IN THESE SUB- CONTRACTORS EXCEPT UPON THE PRIOR APPROVAL OF THE ENGINEER. ITEM OF WORK SUB - CONTRACTOR I. None: 2. 3• ADDRESS 4. 5• 6. 7• 8. 9• I0. 10. I2. R W McClellan & Sons Inc. BIDDERS NAME i AUTHORIZED SIGNATURE A California Corporation: TYPE OF ORGANIZATION:' (INDIVIDUALp CO- PARTMERSIOIP OR CORP) 151 Commercial Way Costa Mesa Calif. ADDRESS R I NATIONAL SURETY CORPORATION BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, R. W. MC CLELLAN & SONS, INC. (hereinafter called the principal), as principal, and NATIONAL SURETY CORPORATION, a corporation organized and doing business under and by virtue of the laws of the State of New York, and duly licensed for the purppse of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the Stale of California , as Surely, 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 total amount bid in dollars: Dollars ($ 10% of Bid ) 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 these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal for the SEAL COAT PROGRAM 1969 -70 — SLURRY SEAL CONTRACT NO. 1237: in accordance with the plans and specifications filed in the office cf 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 for the completion of said work as required by law, then this obligation to be null and void, otherwise to be_nnd, remain in full force and effect. State of Calif County of Orange es' On August 14, 1969 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared George L Doubledee known to me to be Attorney -in -Fact of National Surety Corporation: 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,/ the day and year stated in t4dce/iffcate above. My Commission Expires May 8, 1970 t t(ts RCn My Commission Expires � ! of i Nomr�ri a r011ice in 1 360212 -6.66 ,..,...INenas.CM4 f (SEE CITY @IRK'S COPY FOR ORIGINAL) PAGE BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, THAT WE, p AS PRINCIPAL, AND , AS SURETY, ARE HELD AND FIRMLYBOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUN OF DOLLARS (11 LAWFUL MONEY OF THE UNITED STATES FOR THE PAYMENT OF WHICH SUM WELL AND TRULY TO BE NADEp 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 SUCHCONSTRUC- TION AND SHALL EXECUTE AND DELIVER THE TWO (Z) BONDS DESCRIBED IN THE "NOTICE INVITING BIOS" WITHIN TEN (1)) DAYS (NOT INCLUOTIVG'G SATURDAY AND SUNDAY,).. fR'OM-:THE DATE OF THE MAIL'INO<. OF A NOTICE TO THE ABOVE BOUNDEN PRINCIPAL. BY AND FROM SA' :10. CITY OF NEWPORT BEACH THAT SAID CONTRACT IS READY FOR EXECUTION, THEN THIS OBLIGAT'ION "SHALL BECOME NULL AND VOID; OTHERWISE IT BE AND REM&tN 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) BY TITLE. SURETY 5 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 August 25, 1969 HAS AWARDED TO R. W. McClellan and Sons. Inc. , HEREINAFTER DESIGNATED AS THE "PRINCIPAL", A CONTRACT FOR Seal Coat Program, 1969 -70, Slurry Seal, Contract No. 1237 IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DR'AWINGS.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 CONTRACTS PROVIDING THAT IF SAID PRINCIPAL OR ANY OF HIS OR ITS SUBCONTRACTORS, SMALL FAIL TO PAY FOR ANY MATERIALS, PROVISIONS, PROVENDER, OR OTHER SUPPLIES OR TEAMS USED IN, UPON.,, FOR, OR ABOUT THE PERFORMANCE OF THE WORK AGREED TO BE DONE, OR FOR ANY WORK OR LABOR DONE THEREON OF ANY KIND,. THE SURETY ON THIS +BOND WILL PAY THE SAME •TO THE EXTENT HEREINAFTER SET FORTH: NOW, THEREFORE, WE R. W. McClellan and Sons, Inc. AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND National Surety Corporation AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF N andR�U�1�U� h IN THE SUM OF Nineteen thousand five hundred forty - DOLLARS ($ 19,543.50 }, SAID SUM BEING ONE -HALF OF THE ESTIMATED AMOUNT PAYABLE BY THE CITY OF NEWPORT BEACH UNDER THE TERMS OF THE CONTRACT, FOR WHICH PAYMENT WELL AND TRULY TO BE MADE WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND ADMINISTRATORS, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE 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 RESPDCT 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 BONDS A REASONABLE ATTORNEYS FEE, TO BE FIXED BY THE COURTS AS REQUIRED BY THE PROVISIONS OF SECTION 4204 OF THE GOVERNMENT CODE OF THE STATE.`OF CALIFORNIA. 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_ August 25, 1969 HAS AWARDED TO R. W. McClellan and Sons Inc , HEREINAFTER DESIGNATED AS THE "PRINCIPAt."p A CONTRACT FOR Seal Coat Program. 1969 -70. Slurry Seal. Contract No. 1237 IN THE CITY OF NEWPORT BEACH•, IN STRICT CONFORMITY WITH THE DRAWINGS.ANO SPECIFI- CATIONS AND OTHER CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY CLERK. WHEREAS, SAID PRINCIPAL HAS EXECUTED OR 13 ABOUT TO EXECUTE SAID CONTRACT AND THE TERMS THEREOF REQUIRE THE FURNISHING OF A BOND WITH SAID CONTRACTS-PROVIDING THAT IF SAID PRINCIPAL OR ANY OF HIS OR ITS SUBCONTRACTORS, SMALL 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 TH13 :BOND WILL PAY THE SAME TO THE EXTENT - HEREINAFTER SET FORTH: - - NOW, THEREFORE, WE R. W. McClellan and Sons, Inc. AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND National Surety Corporation AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPgR�OB�JI�Ii, IN THE SUM OF three anCS 11 UU Nineteen thousand five hundred forty- DOLLARS ($ 19,543.50 ), SAID SUM BEING ONE —HALF OF THE ESTIMATED AMOUNT PAYABLE BY THE CITY OF NEWPORT BEACH UNDER THE TERMS OF THE CONTRACT, FOR WHICH PAYMENT WELL AND TRULY TO BE MADE WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND ADMINISTRATORS, SUCCESSORS OR A33IGNSO 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'S FEE, TO BE FIXED BY THE COURT, AS REQUIRED BY THE PROVISIONS OF SECTION 4204 OF THE GOVERNMENT CODE OF THE STATE.`OF CA'LIFORNCA. . 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 AND SURETY ABOVE NAMED, ON THE _ 28th DAY OF .August . 196,2_• �Stateof Calif. canty of Orange I ss: On August 28, 1969 therein, duly commissioned and sworn, personally appeared R. W. McClellan and Sons. Inc(SCAL) I , _;<1 /l!✓"�('�- 1 (SEAL) (SEAL) CONTRACTOR SEAL) Parker, attorney -in -fact before me, a Notary public in and for said County and State, residing Kenneth Parker known to me to be Attorney -in -Fact of National Surety the corporation described in and that executed the within and foregoing n sttr'umenntt, and known to me to be the the said instrument in behalf of the said corporation, and he duly acknowledged t Person who executed o me that such corporation executed the same. IN WITNESS WHEREOF, My Commission 360212 -6.66 ' 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 Auaust 25. 1969 HAS AWARDED TO R_ W_ McClPllan and S_onK. Tnc_ HEREINAFTER DESIGNATED AS THE "PRINCIPAL", A CONTRACT FOR Seal Coat Program, 1969 -70, Slurry Seal. Contract No. 1237 IN THE CITY OF NEWPORT BEACH, IN STRICT- CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS AND OTHER CONTRACT DOCUMENTS NOW ON FILE I :N 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. W. McClellan and Sons. Inc. AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR", AND National ,�Surety Corporation AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF 50/100 fineteen thousand five hundred forty -three and DOLLARS ($ 19.543.50 ), 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 BE 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 COVENANTSp OONDITIONS 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.r.AND MEANING, AND SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF NEWPORT BEACH, ITS' OFFICERS AND AGENTS, AS THEREIN STIPULATED, THEN THIS OBLIGATION SMALL BECOME NULL AND VOID; OTHERWISE IT SHALL REMAIN IN FULL FORCE AND VIRTUE. i Y , . • • PAGE 8 (PERFORMANCE BOND - CONTINUED) AND SAID SURETY, FOR VALUE RECEIVED,.HEREBY STIPULATES AND AGREES THAT NO CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CONTRACT OR TO THE WORK TO BE PERFORMED THEREUNDER OR THE SPECIFICATIONS ACCOMPANYING THE SAME SHALL IN ANY WISE AFFECT ITS OBLIGATIONS ON THIS BOND, AND IT DOES HEREBY WAIVE NOTICE OF ANY CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CONO 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 _ 28th DAY OF August a 196 9 R. W. McClellan and Sons, In�$EAL) (SEAL) --(SEAL) CONTRACTOR Natifin"gIr Surety Co/rporationkSEAL) gg�,y.G (SEAL ) _ . Ke eth Parser, attorney -in -fact State of Calif. County of �, - - -! Orange ss: On August 28, 1969 therein, dul Y commissioned and sworn, before me, Personals a Notary Public in and for said Y appeared Kenneth Parker c ° ° "' Y and State, residing known to me to be Attorney -in -Fact of National surety the corporation described in and that executed the said i Corporation instrument in behalf of the said Corporation, and he duly acknowledged gee 1nt, and known to me to be the IN WIT 1 dged to me that such ��O^ who executed NESS WHEREOF, corporation executed the same. e� hereunto set my hand and affixed my official seal, the da MY com .V'm p vj�ii ICIAL SEAL n this cert Y and year stated iiSmte a mission Expires . I APJL)ERSON hove. 360212 a ^^^" .., . FORNIA —6-66 MYCom,:..c,iun COUNTY 170 East - ErUireslan.19,1973 Notary Public 17th Slreo, - ..._ rsn. Calls. sfsa• - ... . -. .. . RA6C 4j NON- COLLUSION AFFIDAVIT THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESENT AT THE TIME OF FILING THIS BIDO BEING DULY SWORN ON THEIR OATHS SAYS THAT NEITHER THEY NOR ANY OF THEME HAVE.IN ANY WAYS DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGEMENT OR AGREEMENT WITH ANY OTHER BIDDERS OR WITH ANY PUBLIC OFFICER OF SUCH CITY OF NEWPORT BEACH WHEREBY SUCH AFFIANT OR AFFIANTS OR EITHER OR THEME HAS PAID OR IS TO.PAY TO SUCH BIDDER OR PUBLIC OFFICER ANY SUM OF MONEYS OR HAS GIVEN OR IS TO GIVE TO SUCH OTHER BIDDER OR PUBLIC OFFICER ANYTHING Of VALUE WHATEVER OR SUCH AFFIANT OR AF- F.I.ANTS 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 DEPOSITORY2 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 SID DEPOSITORY; THAT NO INDUCE- MENT OR ANY FORM OR CHARACTER OTHER THAN THAT WHICH APPEARS VPON'THE FACE OF THE BID WILL. BE SUGGESTEDi 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 W14ATSOEVERO WITH ANY PERSON WHOMSOEVER TO PAY) DELIVER TOO OR SHARE WITH ANY OTHER PERSON IN ANY WAY OR 14ANNERO ANY OF THE PROCEEDS OF THE CONTRACTS SHOUGHT BY THIS BID. --R ^W McClellan ,Jr. 7 Pres. SUBSCRIBED AND SWORN TO BEFORE ME BY ADpearina in Person: THIS 14th DAY of August ANNE SHIM4AIN _ -r} NOTARY PUBLIC CALIFORNIA 196. y'yF^ PRI7ICIPAI OFFICE IN ORANGE COUNTY.. MY COMMISSION EXP:LRES: My(�0 mission Expirfss A 3 1971 NOTARY PUBLIC Anne Shimnin Page 10 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. Based on past experience and previous completed projects. Signed i dR 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 Person Completed For Whom Performed (Detail) to Contact Telephone No gS`n4d ., -1 PAGE 11 it IS .N MADE i.D c_NTE RED I DAY OF '96 61LP BY AND BETWEEN THE CITY OF NEWPORT BEACH, CALIFORNIA, HEREINAFTER DESIGNATED AS THE ___CJ.T.Y.,_._PART:Y..OF_THE._E IRST_PARI_j_iAND R. W. _McC I ar, and Sons. Inc._.. A C) v! 2P.167• PAGE 12 5. PURSUANT TO THE LABOR CODE OF THE STATE OF CALIFORNIA., THE CITY COUNCIL HAS ASCERTAINED THE GENERAL PREVAILING RATES OF PER DIEM WAGES FOR EACH CRAFT OR TYPE OF WORKMAN NEEDED TO EXECUTE THE CONTRACT AND A SCHEDULE CONTAINING SUCH INFORMATION IS INCLUDED IN THE NOTICE INVITING BIDS AND IS INCORPORATED BY REFERENCE HEREIN. 6. THE CONTRACTOR SHALL ASSUME THE OE*ENSE 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 AR 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. CITY OF NEWPORT BEACH., CALIFORNIA BY:vU� ogb, *, a -MAYOR ATTEST: CITY CLEFtk CONTRACTOR (SEAL) BY: I APPROVED AS TO FO CITY ATTOR EY I. SCOPE OF WORK CITY OF NEWPORT BEACH SP 1 of 3 PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR SEAL COAT PROGRAM, 1969 -70 SLURRY SEAL CONTRACT NO. 1237 The work to be done under this contract consists of the slurry seal coating of various alleys and streets in the Balboa Peninsula, West Newport, Newport Heights, Corona del Mar and China Coves areas, all in the City of Newport Beach. The contract requires completion of all the work in accordance with these Special Provisions, the City's Standard Special Provisions, the Plan (Drawing No. R- 5155 -S), and the City's Standard Drawings and Specifications. The City's Standard Specifications are the Standard S ecifications for Public Works Construction, 1967 Edition, including the 1968 and 969 $Upp I ements. II. COMPLETION OF WORK The Contractor shall commence work within five (5) days after execution of the contract by the City and shall have completed all work (weed killing and slurry seal application) as outlined herein within ninety (90) calendar days thereafter. III. PAYMENT The unit price bid per extra long ton of slurry seal coat shall include full compensation for all labor, materials, equipment, and transportation required for weed killing and seal coating the asphalt pavements. IV. 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. Deviation from the approved schedule may require cessation of the work until a revised schedule has been submitted and approved. Contract working time will be charged during the period of cessation of work and approval of the revised schedule. The Contractor shall not apply any slurry seal coat material to the streets in the China Cove, Balboa Peninsula, and West Newport Areas until after September 8, 1969. V. VEHICULAR AND PEDESTRIAN TRAFFIC CONTROL The Contractor shall provide traffic control in compliance with Section 7 -10 and 302 -4.4 of the Standard Specifications. 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 completed. SP2of3 Spillage resulting from hauling operations along or across any public right -of -way or private property shall be removed immediately by the Contractor at his expense. The Contractor shall maintain a minimum of one traffic lane open at all times on Bay Avenue and Cliff Drive. The Contractor shall maintain a minimum of one traffic lane open at all times in both directions on 16th Street between Monrovia Avenue and Placentia Avenue; Monrovia Avenue; and University Drive. The remaining streets, alleys and parking lots may be closed at traffic during the sealing operations. The Contractor shall furnish "Temporary NO PARKING" signs and post the streets to be sealed twenty -four (24) hours in advance of his sealing operations. The signs shall be made of white or buff card stock with a minimum weight of 120 pounds. Signs shall have minimum dimensions of 15" wide and 18" high. The signs shall be lettered in red except for the date of work and shall conform to the dimensions shown below: TEMPORARY= 2" NO PARKIN G TOW AWAY 6A.M. TO Z O N E T i GP.M.T IVz a C,V, C, 22632 B Tom- � 4 NEWPORT BEACH POLICE DEPT, 673-2211 �' ■---� The Contractor shall insert in black the date of work for the street or alley to be posted. A copy of the required sign is on file for inspection at the Public Works Department. VI. NOTIFICATION TO RESIDENTS AND BUSINESSES 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 -t and end, and alerting residents of temporary inaccessibility to their properties, and approximately when the street or alley will be restored to normal vehicular use. Errors in distribution, false starts, acts of God or other alterations of the schedule will require renotification, using an explanatory letter prepared by the City and distributed by the Contractor. ., VYI�,.* .. 1TEED KILLER 5F3of3 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 per- formed 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 8 Spreader" or "X -77 Spreading Agent" 100 gallons Water "Dowpon" and " Dalapon" are manufactured by Dow Chemical Company, Midlands, Michigan. "Aminotriazol" and "Weedazol" are manufactured by American Cyanamide 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.. VIII. 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 adherence and penetration of the material to the pavement surfaces. IX. SEAL COAT MATERIALS AND APPLICATION Slurry seal coating materials and their application shall conform to sections 203 -5 and 302 -4 of the Standard Specifications. Spreading of materials shall be restricted to Monday through Friday. Spreading operations may be suspended when, in the opinion of the Engineer, adverse weather conditions would cause unsatisfactory results in the completed work. The rate of application of the slurry mixture shall be approximately one (1) pound per square foot of surface. The thickness of application of the slurry mixture shall, be adjusted to provide a layer approximately 1/8 inch thick and shall not be less than 1/16 inch or greater than 3/16 inch in thickness. 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. A C CERTIFICATE OF INSURANCE IMPERIAL INSGRANCE COMPANY P_0. BOX 2211 • LOS ANGELES, CALIF_ 90054 • PHONE (213) 6250431 This is to Certify, that policies in the name of Jobs: 60 68433 •Y (Ed. t 1 e6 R. W. McClellan & Sons, Tnc, INSURED 151 Commercial Way Buck Cully Bottom Control C -1239 ADanj Costa Mesa, California Slurry Seal C -1237 are in force at the date hereof, as follows: KIND OF POLICY POLICY LIMITS OF LIABILITY BODILY INJURY PROPERTY DAMAGE INSURANCE NUMBER PERIOD WORKMEN'S — EN.: Provided by Workmen's Compensation taw —State of 1 NIL COMPENSATION Exp. I COMPREHENSIVE GENERAL LIABILITY - GL 1035 Eff.' 10/2/68 $ 2`�O 'ow Eachperson _ $ 100 ,000 Each occurrence -. Exp. 10�2/7O $ 500 , 000 Each occurrence $ 500 000 Aggregate Is emn 000 Aggregate MANUFACTURERS! AND Eft. $ 250 000 Each person $ 1OO , 000 Each occurrence CONTRACTORS' LIABILITY Exp . t1 s 500 000 Each occurrence $ $ 00 000 AgEregate OWNERS', LANDLORDS' Eff. $ 000 Each person S , 000 Each occurrence AND TENANTS' LIABILITY Exp. rr $ 000 Each occurrence $ .000 Aggregate CONTRACTUAL Eff. n $ 250 .000 Each person $ 100 .000 Each occurrence LIABILITY Exp. $ 500 000 Each occurrence $ 500 000 Aggregate J AUTOMOBILE LIABILITY 1 El Owned Automobiles I EH. rr ! $ 250 , 000 Each person 4$ 100 , 000 Each accident ) Hired Automobiles Exp. `$ 500 000 Each accident [� Non-Owned Automobiles ' I COMPREHENSIVE AUTO- Eff. $ 000 Each person $ 000 Each occurrence. MOBILE LIABILITY Exp. $ 000 Each occurrence OTHER: _ ~ i Eff The City of Newport Beach is n f'ied as additional insured with respect the "It is hereby understood and agreed..that the policy to which this certificate refs may not be cancelled materially changed, nor the policy allowed to lapse until te-i. (10) days after receipt by the City Clerk of the City of Newport Beach, City Hall, In the event of any material change in, or cancellat on of, said policies, the undersigned company will endeavor to giee written notice to the party to whom this czr',ifitate is Issued. but failure to give such notice shall impose no ohiigatioo nor liability upon the company. Newport Beach, California of a registered written notice of such cancelation or reduction in coverage," Dated: 8/28/69 Nameof Imperial Insurance Company Company: P P Y PUTHOPiZE aEPPESENTF?1VE CERTIFICATE ISSUED TO: City of Newport Beach, California vhME City Hall and 3300 W. Newport Blvd., 4n CP.F ij Newport Bea-.h, California Re: Seal.Coat Program, 1969 -70, Slurry Seal Council Meeting, August 25, 1969, Agenda Item E -3(b) I want it noted in the record that I have previously advised the Public Works Director that in my judgment the awarding of this contract based on a 25% reduction in quantity may constitute a violation of the public bid requirements of the City Charter. This could serve as a basis for setting aside the award if legal action were taken. The prudent course of action, under the circumstances, would be to reject all bids and readvertise the project.based upon the lowered quantity to be used. 0 THS :mh 8/25/69 TUUY H. SEYMOUR City Attorney 0 0 August 25, 1969 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SEAL COAT PROGRAM, 1969 -70, SLURRY SEAL (C -1237) RECOMMENDATION: E - 3 OX Adopt a resolution awarding the contract to R. W. McClellan and Sons for $30,000.00 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 10:00 A.M. on July 14, 1969. Bidder Total R. W. McClellan, Costa Mesa $39,087.00 Anderson Bros., Culver City 39,600.00 Chamber Mix Concrete, Stanton 53,055.00 The low bid is 25% more than the Engineer's estimate of $30,000. Discussions with contractors disclose that the unit Drices bid are higher than anticipated due to the large amount of hand work required in the alleys to be seal coated. In order to fit the work to be done to the available funds it is recommended that the quantity of work be reduced from that originally contemplated, and the contract awarded in the amount of $30,000. This project is a continuation of the contract maintenance program established in the Street and Alley Maintenance Report. The work provides for seal coating approximately 2.5 miles of streets and alleys along the Peninsula, and in the Old Newport, West Newport, Newport Shores, Newport Heights, Westcliff, and Balboa Island areas. Plans were prepared by the City. The estimated date of completion is December 31, 1969. � eph Devlin lic Wrks Director By the CITY COUNCIL CITY OF NEWPORT BEACH a f F N i �IJ F U d J U t � � a a� J' ui ! Y d� d� 3 Z N Q W W K Z -OZ v 0 W W x n INN n�niuu�ia�unen 111111��119�dlllllll �I�IAN�ImII1NIlYlllll �NI NN��I��IINIIIII �IIII�I�IAN�IIII�II iINI�Ylllll �I uiwn�iAU�u v 0 W W x n RESOLUTION NO. 7 0 5 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR i 1261.M9 Contract No. jut WHEREAS, pursuant to the notice inviting bids for work in connection with AIM Nd GM . 19011•lD. iiilm S tM1 in accordance with the plans and specifications heretofore adopted, bids were received on the 14%b day of AMR! , 19 , and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is a. •• 9101411M Md *We OMlt mm" ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of 16 Y• IW3*11M and am for the work in the amount of $j be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 1s0 day of AWWASt , 19 N \'i Mayo s ATTEST: C y Clerk SAN" ° ;z TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SEAL COATING, 1969 -70 - SLURRY SEAL, C -1237 July 28, 1969 L —/ RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 10:00 A.M., August 14, 1969. DISCUSSION: The estimated cost of the work is $30,000. Funds are available in Account No. 02- 3397 -206, Annual Street and Alley Seal Coating Program. This project is a continuation of the contract maintenance program established in the Street and Alley Maintenance Report. The work provides for seal coating approximately 3 miles of streets and alleys along the Peninsula, and in the Old Newport, West Newport, Newport Shores, Newport Heights, Westcliff, and Balboa Island areas. Plans were prepared by the City. The estimated date of completion is December 31, 1969. 1 �1. h fk vlin c Director dg A 10'V1ED JUL 28 1969 By fhe CITY COUNCIL CITY OF NEWPORT BEACH Page 1 - 4tTY OF NEWPORT BEACH, CALIFORNIP NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:00 A.M. on the 14th day of August 1969 , at which time they wi bTf a opened and read, for performing work as follows:— SEAL COAT PROGRAM, 1969 -70 SLURRY SEAL CONTRACT NO. 1237 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. B. C. \, D. E. F. Proposal Designation of Subcontractors Bidder's Bond Non - collusion Affidavit Statement of Financial Responsibility 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 bell— of i? er to a1T documents requiring 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 the er can 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) 670 -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. • Gl r. _ iixr ,\ Page la S City of Newport Beach, California Notice Inviting Bids F 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 Bien 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 To The City Council City of Newport Beach 3300 W. Newport Boulevard Newport Beach, California Gentlemen: CITY OF NEWPORT BEACH SEAL COAT PROGRAM, 1969 -70 SLURRY SEAL CONTRACT NO. 1237 PROPOSAL 0 The undersigned declares that he has carefully examined the .location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 1237 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL 1 900 Slurry Seal Coat (SS 1 -h) Extra Long Applied in Place Tons Forty —Three Dollars and Forty — Three: Cents Per Extra Long Ton TOTAL PRICE WRITTEN IN WORDS THIRTY —NINE THOUSAND & EIGHTY —SEVEN Dollars and NO /100ths: Cents 43.43 TOTAL $39,087.00 $ 39,087.00 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 *t /UfirrED BY TOE 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 ONLYV 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 SUNDAYp AFTER HAVING RECEIVED NOTICE THAT THE CONTRACT IS READY FOR SIGNATURES THE PROCEEDS OF CHECK OR BOND ACCOMPANY- ING THIS BID SHALL BECOME THE PROPERTY OF THE CITY OF NEWPORT BEACH. LICENSED IN ACCORDANCE WITH THE STATUTES OF THE STATE OF CALireot"i A'PROViDiNG FOR - AtHE REGISTRATION OF CONTRACTORS LICENSE No. #247553 CLASSIFICATION C -12. SA, — SC -21 SB -1: ACCOMPANYING THIS PROPOSAL IS Bidders Bond: CASH CERTIFIED CHECK, CASHIERS CHECK OR BOND IN AN AMOUNT NOT LESS THAN IO PERCENT OF THE TOTAL BID PRICE. THE UNDERSIGNED IB 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 WORM OF TNIS- CONTRACT. 714 -548 -5511 . - P140HE NIINSER August 14, 1969 DATE R W McClellan & Sons Inc Rinnrels A California Corporation TYPE OF ORGANIZATION (INDIrIDUAL3, CORPORATIONS CO- PARTNERSHIP) LIST BELOW NAMES OF PRESIDENTS SECRETART, TREASURER AND MARAQER'IF A CORPORATION., AND NAMES OF ALL COPARTNERS IF A COPARTNERSHIP: R W McClellan,Sr Sr. Vice President R W McC1ellan,Jr. Pres. Michael W McClellan Seer. & 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 BIDo SUBJECT TO THE APPROVAL OF THE CITY ENGINEERS AND IN ACCORDANCE 'WITH THE APPLICABLE PROVISIONS OF THE SPECIFICATIONS. NO CHANGE MAY BE MADE IN THESE SUB - CONTRACTORS EXCEPT UPON THE PRIOR APPROVAL OF THE ENGINEER. ITEM OF WORK SUB - CONTRACTOR ADDRESS None: 2. 3• Y• 7° 8. 9° 10. I0. 12. R W McClellan & Sons Inc. BIDDER'S NAME j AUT AR12ED SIGNATURE - A California Corporation: TYPE OF ORGANIZATION'.' (INDIVIDUALS COPPARTNERSMIP OR CORP) 151 Commercial Way Costa Mesa Calif. ADDRESS L' S 0 NATIONAL SURETY CORPORATION BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, R. W. MC CLELLAN & SONS, INC, (hereinafter called the principal), as principal, and NATIONAL SURETY CORPORATION, a corporation organized and doing business under and by virtue of the laws of the State of New York, and duly licensed for the purpose of making, guaranteeing 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 total amount bid in dollars: Dollars ($ 10% Of Bid ) 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 these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal for the SEAL COAT PROGRAM 1969 -70 — SLURRY SEAL CONTRACT NO. 1237: 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 for the completion of said 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 Surety have caused these presents to be duly signed and sealed this 14th day of August 360277— (NS) —11.66 am ' R W MC CLELLAN & SONS, INC NATIONAL SURETY CORPORATION By Auorpey =m -Fact Ge rge L. Doubledee x 0 Q Q 0 z A O 7J 0 O z M x r 0 0 w E3 z aroa ro En r Cd 0 d v A 9 o [r9 (7i = z a vzd(A A State of Calif + County of Orange S aa: On August 14, 1969 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared George L Doubledee known to me to be Attorney -in -Fact of National Surety Corporation: - -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 , the day and year stated in t ece dffcate- above, My Commission Expires May 8, 1970 CER My Commission Eapirea e Notar�ri rce in - aeez i z_.w.ew h '+'.iao "-n,E 34'44 ii: 1 .. . �-�. I i (SEE CIT,I.ERK'S COPY FOR ORIGINAL) C-1 PAGE 4 BIDDER'S BOND TO ACCOWANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, THAT WE, , AS PRINCIPAL, AND , AS SURETY, ARE HELD AND FIRMLYSOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM.OF DOLLARS 4 ), LAWFUL MONEY OF THE UNITED STATES FOR THE PAYMENT OF WHICH SUN WELL AND TRULY TO BE NADEO 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 GF NEWPORT BEACH, IS ACCEPTED BY THE CITY COUNCIL OF 'SAID 'ITYj AND IF THE ABOVE BOUNDEN PRINCIPAL SMALL 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 ('I)) DAYS (NOT INCLUOIIHIx SATURDAY AND SUNDAY.); Pi Wl� 'XNE DATE OF THE MAILIfti. OF A NOTICE TO THE ABOVE BOUNDEN PRINCIP'AL,BY AND FROM SAID CITY OF NEWPORT BEACH THAT SAID CONTRACT IS READY FOR EXECUTION, THEN THIS- OBL1,110 TON`S14ALL BECOME MULL AND VOID; OTHERWISE IT BE AND R[M'k,.t* IN FULL FORCE AND EFFECT, AND THE AMOUNT SPECIFIED HEREIN SHALL BE FORFEITED TO THE SAID CITY. IN THE EVENT THAT ANY PRINCIPAL ABOVE NAMED EXECUTED THIS BOND AS AN INDIVIDUAL, IT IS AGREED THAT THE DEATH OF ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY FROM' ITS OBLIGATIONS UNDER THIS BOND. IN WITNESS WHEREOF, WE HEREUNTO SET OUR HANDS AND SEALS THIS DAY OF 19 CORPORATE SEAL (IF CORPORATION) (ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) BY TITLE... PRINCIPAL SURETY ` PAGE 5 . LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED_ August 25, 1969 HAS AWARDED To R. W. McClellan and Sons, , HEREINAFTER DESIGNATED AS THE "PRINCIPAL"" A CONTRACT FOR _ Seal Coat Program, 19.69 -70, Slurry Seal, Contract No. 1237 10 THE CITY OF NEWPORT BEACHI IN STRICT CONFORMITY WITH THE DRAwmes .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, SMALL FAIL TO PAY FOR ANY MATERIALS, PROVISIONS -, PROVENDER, OR OTHER SUPPLIES OR TEAMS USED 111, UPON.,, FOR, OR ABOUT THE PERFORMANCE OF THE WORK AGREED TO BE DOME, OR FOR ANY WORK OR LABOR DONE THEREON OF ANY KIND,. THE SURETY .ON. TH IS ',BOND VILL PAY THE SANE TO THE EXTENT HEREINAFTER SET FORTH: NOW, THEREFORE, WE IR. W. McClellan and Sons, Inc. AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND National Surety Corporation Q I J11� AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY or N andRSO�l�U' IN THE SUN OF Nineteen thousand five hundred forty - h DOLLARS ($ 19,543.50 ), SAID SUM BEING ONE -HALF OF THE ESTIMATED AMOUNT PAYABLE BY THE CITY OF NEWPORT BEACH UNDER THE TERMS OF THE CONTRACT, FOR WHICH PAYMENT WELL AND TRULY T0..8E MADE WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND ADMINISTRATORS0.S000ES3ORS CR 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 RESPDCT 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 S FEE, TO BE FIXED BY THE COURT, AS REQUIRED BY THE PROVISIONS OF SECTION 4204 OF THE GOVERNMENT CODE OF THE STATE.OF CALIFORNIA. .. LABOR AND MATERIAL BOND - CONTINUED) • PAGE 6 THIS BOND SMALL 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'ANO SURETY ABOVE NAMED, ON THE 28th DAY OF . Aitgivefi 196 9,_,_r R. W. GMcClellan and Sons, Inc(SIAL) (SEAL) CONTRACTOR - Navijbrywi Surety or Corporation (SEAL) �� -vl.�` nneth Parker, attorriby -in -fact (SEAL) SURETY - - 'r APPROVE TO FORM: TY ATTORNEY THIS BOND WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON DATE ATTEST% CITY CLERK ' State of Calif . County of ss. Orange r t On August 28, 1969 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kenneth Parker known to me to be Attorney -in -Fact of National Surety Corporation 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, My Commission 360212 -8.88 . , —.-�.: ,...�.. •ate hereunto set my Jrand and affixed my official seal, the day and year stated in this certificate above. oI +FICIAL SEAL VICKI ANDERSON d O: OnE cUUNTY Ayvwcav My Com;n „son Ezpires Jan. 19, 1973 oc 170 East 171b Street, Costa Mesa; Calif. 82627. Notary 4 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 Seal Coat Program. 1969 -70. Slurry Seal, Contract No. 1237 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. W. McClellan and Sons, Inc. AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR ", AND National`"Surety Corporation AS SURETY, ARE MELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF 50/100 Nineteen thousand five hundred forty -three and DOLLARS ($ 19.543.50 ), 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 BE THESE PRE- SENTS. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE ABOVE BOUNDEN PRINCIPAL, HIS OR ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS, SHALL IN ALL THINGS STAND TO AND ABIDE BY, AND WELL AND TRULY KEEP AND PERFORM THE COVENANTS] CONDITIONS AND AGREEMENTS IN THE SAID CONTRACT AND ANY ALTERATION THEREOF MADE AS THEREIN'PRO- VIDED ON HIS OR THEIR PART, TO BE KEPT AND PERFORMED AT THE TIME AND IN THE MANNER THEREIN SPECIFIED, AND IN ALL RESPECTS ACCORDING TO THEIR TRUE INTENT::AND MEANING, AND SMALL INDEMNIFY AND SAVE HARMLESS THE CITY OF NEWPORT BEACH, ITS - OFFICERS AND AGENTS, AS THEREIN STIPULATED, THEN THIS OBLIGATION SHALL BECOME NULL AND VOID; OTHERWISE IT SHALL REMAIN IN FULL FORCE AND VIRTUE. PAGE 8 (PERFORMANCE BOND - CONTINUED) AND SAID SURETY, FOR VALUE RECEIVED, . HEREBY STIPULATES AND AGREES THAT NO CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CONTRACT OR TO THE WORK TO BE PERFORMED THEREUNDER OR THE SPECIFICATIONS ACCOMPANYING THE SAME SHALL IN ANY WISE AFFECT ITS OBLIGATIONS ON THIS BOND, AND IT DOES HEREBY WAIVE NOTICE OF ANY CHANGE, EXTENSION OF TINE, 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 28th DAY OF AuauSt . 196 -9. R. W. McClellan and Sons, InISEAL) (SEAL) (SEAL) CONTRACTOR Natifin,or Surety Coorpo�rat, fJSEAL) (SEAL) SURETY Ke eth Parker, attorney -in -fact APPROVED S TO FORM. t � L� L, C ITY ATTORNEY State of Calif . ++ County of Orange On August 28, 1969 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kenneth Parker known tome to be Attorney -in -Fact of National Surety Corporation 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, a hereunto set my }land and affixed my official seal, the day and year stated in this certificate above. UFL<iC;IAL SEAL Vtr�iCl ANDERSON My Commission Expires m - ORNIA Notary Public OUNT :'G' CoLiNTY My Comr.�ssion E'P'r 5 Jan. 19.1973 360212 -8-68 170 East l7th StrebL Costa 51esa pQp�p�.�,� - $ NON - COLLUSION AFFIDAVIT w PAGE 9 THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESENT AT THE TIME OF FILING THIS BID, BEING DULY SWORN ON THEIR OATHS SAY, THAT NEITHER THEY NOR ANY OF THEM, HAVE. IN ANY WAY, DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGEMENT OR AGREEMENT WITH ANY OTHER BIDDER, OR WITH ANY PUBLIC OFFICER OF SUCH CITY OF NEWPORT BEACH WHEREBY SUCH AFFIANT OR AFFIANTS OR EITHER OR 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. VALVE WHATEVER, OR SUCH AFFtANT OR AF- F.IARTS 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 10"NITHE 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 UNDERSTANDtNG 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 SHOVGHT BY THIS BID. R W MCClellan ,Jr. I Pres. SUBSCRIBED AND SWORN TO BEFORE ME BY Appearing in Person: THIS 14th OAY of August ANNE SHIMMIN NOfARY PU?LIC CALIFORNIA 196. ° PRINCIPAL 'OFFICE IN ORANGE COUNTY.. MY COMMISSION EXPIRES: My misslDN ir, Alril3, 1971 —� ~ NOTARY PUBLIC Anne Shimmin Page 10 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. Based on past experience and previous completed projects. - li�� %� _%' - 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 Person Completed For Whom Performed (Detail) to Contact Telephone No J igned CONTRACT THIS AGREEMENT, MADE AND ENTERED INTO THIS PAGE II DAY OF , 196, BY AND BETWEEN THE CITY OF NEWPORT BEACH, CALIFORNIA, HEREINAFTER DESIGNATED AS THE CITY, PARTY OF THE FIRST PART, AND R. W. McClellan and Sons, Inc. HEREINAFTER DESIGNATED AS THE CONTRACTOR, PARTY OF THE SECOND PART. WITNESSEITH: 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, 1969 -70, Slurry Seal, Contract No. 1237 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 LESS AND DAMAGE ARISING OUT OF THE NATURE OF THE WORK AFORESAID, OR FROM THE ACTION OF THE ELEMENTS, OR FROM ANY UNFORESEEN DIFFICULTIES WHICH MAY ARISE OR BE ENCOUNTERED IN THE PROSECU- TION OF THE WORK UNTIL ITS ACCEPTANCE BY THE CITY, AND FOR ALL RISKS OF EVERY DE- SCRIPTION CONNECTED WITH THE WORK; ALSO, FOR ALL EXPENSES INCURRED BY OR IN-CONSE- QUENCE OF THE SUSPENSION OR DISCONTINUANCE OF WORK, EXCEPT SUCH AS IN SAID SPECIFI- CATIONS ARE EXPRESSLY STIPULATED TO BE BORNE BY THE CITY; AND FOR WELL AND FAITHFULLY COMPLETING THE WORK AND THE WHOLE THEREOF,.IN THE MANNER SHOWN AND DESCRIBED IN THE SAID PLANS AND SPECIFICATIONS, THE CITY WILL PAY AND THE CONTRACTOR SHALL RECEIVE IN FULL COMPENSATION THEREFORE THE LUMP SUM PRICE, OR IF THE BID IS ON THE UNIT PRICE BASIS, THE TOTAL PRICE FOR THE SEVERAL ITEMS FURNISHED PURSUANT TO THE SPECIFICATIONS, NAMED IN THE BIDDING SHEET OF THE PROPOSAL, AS THE CASE MAY BE. 3. THE CITY HEREBY PROMISES AND AGREES WITH THE SAID CONTRACTOR TO EMPLOY, AND OOES:HEREBY EMPLOY THE SAID CONTRACTOR TO PROVIDE THE MATERIALS AND TO DO, THE WORK ACCORDING TO THE TERMS AND CONDITIONS HEREIN CONTAINED AND REFERRED TO FOR THE PRICE AFORESAID, AND HEREBY CONTRACTS TO PAY THE SAME AT THE TIME, IN THE MANNER, AND UPON THE CONDITIONS SET FORTH IN THE SPECIFICATIONS; AND THE SAID PARTIES FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, DO HEREBY AGREE TO THE FULL PERFORMANCE OF THE COVENANTS HEREIN CONTAINED. 4. THE NOTICE TO BIDDERS, INSTRUCTIONS TO BIDDERS, CONTRACTOR'S PROPOSAL, AND THE PLANS AND SPECIFICATIONS, AND ALL AMENDMENTS THEREOF, WHEN APPROVED BY THE PAR- TIES HERETO, OR WHEN REQUIRED BY THE CITY IN ACCORDANCE WITH THE PROVISIONS OF THE PLANS,AND SPECIFICATIONS, ARE HEREBY INCORPORATED IN AND MADE PART OF THIS AGREEMENT. 2/7/67 0 PAGE 12 r Z 5• PURSUANT TO THE LABOR CODE OF THE STATE OF CALIFORNIA, THE CITY COUNCIL HAS ASCERTAINED THE GENERAL PREVAILING RATES OF PER DIEM WAGES FOR EACH CRAFT OR TYPE OF WORKMAN NEEDED TO EXECUTE THE CONTRACT AND A SCHEDULE CONTAINING SUCH INFORMATION IS INCLUDED IN THE NOTICE INVITING BIDS AND IS INCORPORATED BY REFERENCE HEREIN. 6. THE CONTRACTOR SHALL ASSUME THE DEFENSE OF AND INDEMNIFY AND SAVE HARMLESS THE CITY, THE DIRECTOR OF PUBLIC WORKSO AND THEIR OFFICERS AND EMPLOYEES, FROM ALL CLAIMS9 LOSS., DAMAGE, INJURY, AND LIABILITY OF EVERY KINDS MATURE, AND DESCRIPTION, DIRECTLY OR INDIRECTLY ARISING FROMTHE PERFORMANCE OF THE CONTRACT OR WORKS REGARDLESS OF RESPONSI- BILITY FOR NEGLIGENCE; AND FROM ANY AND ALL CLAIMSO LOSSS DAMAGES INJURYS AND LIABILITYS HOWSOEVER THE SAME MAY BE CAUSED2 RESULTING DIRECTLY MR 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: CITY CLERK APPROVED AS / CITY ATTa NEY G(94Q// - CITY OF NEWPORT BEACH$ CALIFORNIA BY: MAYOR CITY OF NEWPORT BEACH. SP 1 of 3 PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR SEAL COAT PROGRAM, 1969 -70 SLURRY SEAL CONTRACT NO. 1237 I. SCOPE OF WORK The work to be done under this contract consists of the slurry seal coating of various alleys and streets in the Balboa Peninsula, West Newport, Newport Heights, Corona del Mar and China Coves areas, all in the City of Newport Beach. The contract requires completion of all the work in accordance with these Special Provisions, the City's Standard Special Provisions, the Plan (Drawing No. R- 5155 -S), and the City's Standard Drawings and Specifications. The City's Standard Specifications are the Standard Specifications for Public Works Construction, 1967 Edition, including the 1968 and 1969 Supplements. II. COMPLETION OF WORK The Contractor shall commence work within five (5) days after execution of the contract by the City and shall have completed all work (weed killing and slurry seal application) as outlined herein within ninety (90) calendar days thereafter. III. PAYMENT The unit price bid per extra long ton of slurry seal coat shall include full compensation for all labor, materials, equipment, and transportation required for weed killing and seal coating the asphalt pavements. IV. 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. Deviation from the approved schedule may require cessation of the work until a revised schedule has been submitted and approved. Contract working time will be charged during the period of cessation of work and approval of the revised schedule. The Contractor shall not apply any slurry seal coat material to the streets in the China Cove, Balboa Peninsula, and West Newport Areas until after September 8, 1969. V. VEHICULAR AND PEDESTRIAN TRAFFIC CONTROL The Contractor shall provide traffic control in compliance with Section 7 -10 and 302 -4.4 of the Standard Specifications. 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 completed. SP2of3 Spillage resulting from hauling operations along or across any public right -of -way or private property shall be removed immediately by the Contractor at his expense. The Contractor shall maintain a minimum of one traffic lane open at all times on Bay Avenue and Cliff Drive. The Contractor shall maintain a minimum of one traffic lane open at all times in both directions on 16th Street between Monrovia Avenue and Placentia Avenue; Monrovia Avenue; and University Drive. The remaining streets, alleys and parking lots may be closed at traffic during the sealing operations. The Contractor shall furnish "Temporary NO PARKING" signs and post the streets to be sealed twenty -four (24) hours in advance of his sealing operations. The signs shall be made of white or buff card stock with a minimum weight of 120 pounds. Signs shall have minimum dimensions of 15" wide and 18" high. The signs shall be lettered in red except for the date of work and shall conform to the dimensions shown below: TEMPORARY A 2" NO PARK I N GH TOW AWAY ZONE *-I % GA.M. TO GPM. � Iy* C.V.C, 22632 15_t-% NEWPORT BEACH POLICE DEPT, G73-2211-to — The Contractor shall insert in black the date of work for the street or alley to be posted. A copy of the required sign is on file for inspection at the Public Works Department. VI. NOTIFICATION TO RESIDENTS AND BUSINESSES 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 of temporary inaccessibility to their properties, and approximately when the street or alley will be restored to normal vehicular use. Errors in distribution, false starts, acts of God or other alterations of the schedule will require renotification, using an explanatory letter prepared by the City and distributed by the Contractor. V;1 VIII .WEED KILLER L I to 5P3of3 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 per- formed a minimum of thirty (30) days prior to the removal of the vegetation and final cleaning operat ons. 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 "X -77 Spreading Agent" 100 gallons Water "Dowpon" and " Dalapon" are manufactured by Dow Chemical Company, Midlands, Michigan. "Aminotriazol" and "Weedazol" are manufactured by American Cyanamide 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.. 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 adherence and penetration of the material to the pavement surfaces. IX. SEAL COAT MATERIALS AND APPLICATION Slurry seal coating materials and their application shall conform to sections 203 -5 and 302 -4 of the Standard Specifications. Spreading of materials shall be restricted to Monday through Friday. Spreading operations may be suspended when, in the opinion of the Engineer, adverse weather conditions would cause unsatisfactory results in the completed work. The rate of application of the slurry mixture shall be approximately one (1) pound per square foot of surface. The thickness of application of the slurry mixture shall, be adjusted to provide a layer approximately 1/8 inch thick and shall not be less than 1/16 inch or greater than 3/16 inch in thickness. 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. Phil.lips.at (714) 673 -2110, Extension 74. a g N 0 m 1 U ,I U 1 �Kpm ,I e u d 3 r N '11 D z _n U W Q lJ tjFz F z —oz F U W ti 0 F w w x n �nuu�nun�uYmn�ew IYINIIYIIII�I� �mi'm�uaen�� IINI9NIplldlll��i1 ��iau�eiNnnNUei�r� aIN11�I1�Mlldldl nbia�monmm�� IIINl�algllllllpl ti 0 F w w x n R W MOCLELLAN & SONS INC x'151 'COiiiercial Way re Irv. Costa Mesa,. California .92627 Ai 't4�tY3t��tG t 51«° met r t 1 A 3 r.� rt t3 �t i r,j �f Cy'fv: t. - r ' o� „ w r A N Yty Z F Bad Proposal:— Seal Coat Program, Slurry Sealkt Contract No. 1237 rN Bid Date:. 8-14-69 59"'PAO O Bid Timed 10:00 A.M. 1 �y Y d } I � a