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HomeMy WebLinkAboutC-1291 - Third Avenue Street Improvements - Avocado to CarnationE E. L. White Co., Inc. 12311 Chapman, Suite IZ1 Garden Grove, California 92640 It October 5, 1970 Subject: Surety: The Americsn Insurance Company Bonds No.: 7104195 Project: Third Avenue Street Improvements Contract No.: 1291 The City Council on September 14, 1970 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on September 23. 1970, in Book No. 9411, Page 795. Please notify your surety company that bonds may be released 35 days after recording date. Laura Lagios City Clerk dg cc: Public Works Department i C: t: i ..... _ .. A .. .. .'..D '14592 4 NOTICE OF COMPLETION '{ 9411 paiT95 I RECORDED AT REQUEST OF � ` CM nr «ca nm W" ORANGE COUNTY, CALIF. PUBLIC WORKS FREE 9'05 AM SEP 23 C3 1. WYM CRRLY11. To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE. NOTICE that on _ the Public Works project consisting of Third Avenue on which E. L. White Co., Inc. was the contractor, and The American Insurance Company was the surety, was completed. I, the undersigned, say: 1970 ments 1970 unty RKMW CITY OF NEWPORT BEACH I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 21, 1970 at Newport Beach, California. I, the undersigned, I am the City Clerk of the City of Newport Beach; the City Council of said City on September 14, 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 September 21, 1970 at Newport Beach, Califo.rni.a. j Z, ell d 0 f CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Date: September 21, 1970 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Cmpletion of Public Works project consisting of Third Avenue Street Improvements Contract No. 1291 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. SEP 141970 September 14, 1970 By the CITY COUNCIL CITY AF Nv -woART BEACH TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF 17FIRD-_AY,FNUE STREET IMPROVEMENTS (G -1291) 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: 2;7-6 The contract for the construction of the Third Avenue Street Improvements has been completed to the satisfaction of the Public Works Department. The bid price was: $ 300850.50 Amount of unit price items constructed: 29,750.91 Amount of change orders: - -- Total contract cost: 29,750.91 Amount budgeted in Account No. 02- 3397 -205: 329500,00 The contractor is E. L. White Company, Inc, of Garden Grove, California. The contract date of completion was September 5, 1970. All work was completed by August 24, 1970. eph T. evlin lic s Director D /bg 0 CITY OF NEWPORT BEACH Date M1 13, 1970 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1291 Project I= A9= gam' IMpMUMM Attached are 3 executed copies of subject contract for your files and for transmittal to the contractor. Contractor: g, 1„ WffM CD,* ]M, Address: 12311 QMju1s min 121, GftftR 6m"t CA 92640 Amount: $ 4309"0'$0 Effective Date: 7_7_M Resolution No. 720C_ adopted on 6 -22 -76 i LL:dg Att. cc: Finance Department ❑ t 0 July 7, 1970 TO: CITY CLERK FROM: Public Works Department SUBJECT: THIRD AVENUE STREET IMPROVEMENTS, CONTRACT 1291 Attached are four sets of the subject contract and the necessary insurance documents. Will you please have the contracts executed on behalf of the city, retain your copy (plus the insurance) and return the remaining three sets to our office for distribution. Ed L. McDonald Project Engineer ELM /ldg Att. ENDORSEMENT This endorsement, effective 6 -26 -70 112:01 A. M., standard time) issued to E. L. WHITE CO., INC. by CONTINENTAL CASUALTY COMPANY forms a Part of Policy No. RDU240 900 97 03 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. Newport Beach, Calif. BUT ONLY WITH RESPECT TO WORK PERFORMED BY THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING DESCRIBED OPERATIONS: Third Avenue Street Improvements C -1291 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. A; t c, :`vcj) AS D? it CA CITY ATTORNEY BY Z? _ ................ All other terms and conditions of this policy remain unchanged. Endorsement No. PY•eeee•t me I 3 ENDORSEMENT This endorsement, effective 6 -26 -70 , forms a part of policy No. LC -166 47 74 (12:01 A. M., standard time) issued to E. L. WHITE CO., INC. by FIREMANS FUND INSURANCE COMPANY 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. Newport Beach, Calif. BUT ONLY WITH RESPECT TO WORK PERFORMED BY THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING DESCRIBED OPERATIONS: THIRD AVENUE STREET IMPROVEMENTS C -1291 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. Authorized Repreaentafiw�,�� P2�66041 Mc - .. 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 Hall 3300 W. Newport Blvd. Newport Beach, Calif. NAMED E.L. White Co., Inc. INSURED P.O. 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 Nat'l DM610186 EFF 10 -1 -69 STATUTORY WORKMEN'S COMPENSATION EXP CALIFORNIA COMPENSATION - BODILY INJURY LIABILITY $ .000 EACH PERSON EFF (INCLUDING AUTOMOBILE) EXP $ ,000 EACH OCCURRENCE $ .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 -7 EFF 9 -1 -69 $1 ,000,000 EACH OCCURRENCE INJURY AND PROPERTY DAMAGE EXP 9 -1 -70 Auto b General Continental Cas. RDU900 -97 3EFF 9 -1 -69 EXP 9 -1 -70 AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE EFF $ FIRE AND THEFT $ COLLISION OR UPSET I EXP LESS $ DEDUCTIBLE LOSS PAYABLE TO REMARKS Job: Third Avenue Street Improvements - C -1291 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 -26 -70 tI1C D BY__ L� Q-&*L- ( ✓ AUTHORIZED REPRESENTATIVE FORM 34a -8 .. AkC ;. fe issued to by ENDORSEMENT This endorsement, effective 6 -26 -70 (12:01 A. M., standard time) E. L. WHITE CO., INC. CONTINENTAL CASUALTY COMPANY ADDITIONAL INSURED forms a Parr of Policy No. RDU240 900 97 03 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. Newport Beach, Calif. BUT ONLY WITH RESPECT TO WORK PERFORMED BY THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING DESCRIBED OPERATIONS: Third Avenue Street Improvements C -1291 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. APPROVED AS TO FGAM Dated: [ /ja .PTY A. ORNEY Sz -z/ 1P._..,_ ..................... All other terms and conditions of this policy remain unchanged. Endorsement No. '1'8 t ENDORSEMENT This endorsement, effective 6 -26 -70 (12:01 A. M., standard time) issued to E. L. WHITE CO., INC. by FIREMANS FUND INSURANCE COFTANY i , forms o port of policy No. ADDITIONAL INSURED LC -166 47 74 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. Newport Beach, Calif. BUT ONLY WITH RESPECT TO WORK PERFORMED BY THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING DESCRIBED OPERATIONS: THIRD AVENUE STREET IMPROVEMENTS C -1291 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. APPROVED AS TO rORM Dated: % 6(70 .CITY A 0 NEY All other terms and conditions of this policy remain unchanged. Endorsement No. 18 os -eesrt Mc ° A~ized lk arsssntatM i 9 CERTIFICATE of LEATHERBY ' INSURANCE SERVICE, INC. INSURANCE BOX 5347 FULLERTON, CALIFORNIA 92632 (7 14) 879 -8903 (213) 691 -0718 CERTIFICATE City of Newport Beach ISSUED TO City Hall 3300 W. Newport Blvd. Newport Beach, Calif. NAMED E.L. White Co., Inc. INSURED P.O. 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 Nat'l DM610186 EFF 10 -1 -69 STATUTORY WORKMEN'S COMPENSATION EXP CALIFORNIA COMPENSATION - BODILY INJURY LIABILITY E ,000 EACH PERSON EFF (INCLUDING AUTOMOBILE) E .000 EACH OCCURRENCE EXP S ,000 AGGREGATE PROD. PROPERTY DAMAGE $ .000 EACH OCCURRENCE EFF GENERAL $ ,000AGGREGATE EXP AUTOMOBILE $ ,000 EACH OCCURRENCE COMBINEDSINGLE LIMIT BODILY Fireman's Fund LC166 -47 -7 JEFF 9 -1 -69 $1 000.000 EACH OCCURRENCE INJURY AND PROPERTY DAMAGE EXP 9 -1 -70 , Auto & General Continental Cas. RDU900 -97 3FF 9 -1 -69 EXP 9 -1 -70 AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE EFF S FIRE AND THEFT $ COLLISION OR UPSET EXP LESS E DEDUCTIBLE LOSS PAYABLE TO REMARKS Job: Third Avenue Street Improvements - C -1291 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 -26 -70 me _ BY FORM 14E•8 THORIZED REPRESENTATIVE, / CONTRACT NO. 1291 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR THIRD AVENUE STREET IMPROVEMENTS APPROVED BY THE CITY COUNCIL ON THIS 25TH DAY OF MAY 1970 Laura agios, y 0, erc C• OF NEWPORT BEACH, CALIFORNIA • Pg. 1 NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until /G: 3 a A.M. on the 16th day of. VQ �, 1970 at which time they wi a opened and read, or ping reork as follows: THIRD AVENUE STREET IMPROVEMENTS CONTRACT NO. C -1291 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 r 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 Corporatimfs; the signatures of the President or Vice President and Secretary or Assistant Secret are required and the Corporate Sear Sha1T_6e af`fixe _ to aTT 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 Nall, 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 American 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. Pg. lA 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 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 and as Certi e d Check, as ier 5 Check or Bon 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 Num e� r June 16 1970 ate E. L. White Company, Inc. Bidder's Name (SEAL) /s/ E. L. White, President Authorized Signature Authorized igna ure Corporation 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: E. L. White President and Man Elaine Stevens 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 1. Concrete 2. Engineeri 3. 4. 5. 6. 7. 8 9 10 11 12 Sub - contractor L. J. Davis Raub. Bein and Frost Address Anaheim, California Costa Mesa, California E. L. White Com an 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 Adaris FOR ORIGINAL, S CITY CLERK'S FILE COPY • Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, E. L. White Co., 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 bid Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of 3rd Avenue Street Improvements - Contract No. 1291 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) E. L. White Co., Inc. rincipa (Attach acknowledgement of Attorney in Fact) Carl Armstrong, Attorney -in -fact BY: /s/ E. L. White, President Martha Capps, Notary Public THE AMERICAN INSURANCE COMPANY Commission Expires October 21, 1973 Surety By BY: Carl Armstrong, Attorney -in -Fact Title • • PAGE 7 Band No. 7104195 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 June 22 1970 HAS AWARDED TO E. L. White Company, Inc. HEREINAFTER DESIGNATED AS THE "PRINCIPAL, A CONTRACT FOR THIRD AVENUE STREET IMPROVEMENTS - C -1291 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, _ F. L. WHITE COMPANY, INC. AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR ", AND THE AMERICAN INgIIRANCF CnMPANY � AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF SAID SUM BEING EQUAL TOM" THE ESTIMATED AMOUPT 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 SI -ND 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 MEANINQ, AND SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF NEWPORT BEACH, ITS' OFFICERS AND AGENTS, AS THEREIN STIPULATED, THEN THIS OBLIGATION SHALL BECOME MULL AND VOID; OTHERWISE IT SHALL REMAIN IN FULL FORCE AND VIRTUE. - (PERFORMANCE BOND - CONTINUED) 0 PAGE 8 AND SAID SURETY, FOR VALUE RECEIVE01 HEREBY STIPULATES AND AGREES THAT NO CHANGE EXTENSION OF TIMES ALTERATION OR ADDITION TO THE TERMS OF THE CONTRACT OR TO THE WORK TO BE PERFORMED THEREUNDER OR THE SPECIFICATIONS ACCOMPANYING THE SAME SMALL IN ANY WISE AFFECT ITS OBLIGATIONS ON THIS BOND/ AND IT DOES HEREBY WAIVE NOTICE OF ANY CHANGE/ EXTENSION OF TIMES ALTERATION OR ADDITION TO THE TERMS OF THE CO"o 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 WHEREOFs THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL AND SURETY ABOVE NAMEDA ON THE 96th DAY OF JUNE 196 • E.L. WHITE CO.. INC. (S[AL) BY (SEAL f- ('Sett`)" " CONTRACTOR APPROVED AS TO FORM: CI V ATTOR :.ul 11 G 1 1 ul' L 1 SU rY CARL ARMSTRONG Rftorney -in ct:� 0 `J S:ateol Cali`orni County of nrange 1 ss: '5., Junc 14TH , before me, a Notary Public in and for said County and State, residing therein., duly commissioned and sworn, personally appeared Gr, L �ntr n' r known to me to be Attorney -in -Fact of T. =. 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 ereunto set;my hancrrMd affixed Iny official seal, the day and year stated in this certificate above. MARTHA CAPPS Y' -•,' NpT �:;: 'UELI }C.ALIFOr HIA �/ mp I•' P ^It ICI P. ".L CFFIS °_ 1:J / fl My Commission Expires -_. AA -- -� �-V My Commission G:)ires 0ct_21 197^3 diary Publi KNOW ALL MEN BY THESE PRESENTS, LABOR AND MATERIAL BOND THAT PAGE 5 Bond No 7104195 Premium $185.00 WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT, BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED June 22 1970 HAS AWARDED TO E. L. White Company, Inc. , HEREINAFTER DESIGNATED A$ THE PRINCIPAL „, A CONTRACT FOR THIRD AVENUE STREET IMPROVEMENTS - C -1291 IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS.AND SPECIFI- CATIONS AND OTHER CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY CLERK. WHEREAS, SAID PRINCIPAL HAS EXECUTED OR IS ABOUT TO EXECUTE SAID CONTRACT AND. THE TERMS THEREOF REQUIRE THE FURNISHING OF A -BOND WITH SAID CONTRACT, PROVIDING THAT IF SAID PRINCIPAL OR ANY OF H13 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 E. L. WHITE COMPANY, INC. AS PRINCIPAL, HEREINAFTER DE31ONATED AS THE CONTRACTOR AND THE AMERICAN INSURANCE COMPANY AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF FIFTEEN THOUSAND FOUR HUNDRED TWENTY FIVE AND 25/d000LL4RS ($. 15.425.25 ), 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 AS31ONSO 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:SOND, A REASONABLE ATTORNEYS FEE, TO BE FIXED BY THE COURT, AS REQUIRED SY,THE PROV13tONS OF SECTION 4204 OF THE GOVERNMENT CODE OF THE STATE.'OF CAtIFeRN1A•. PAGE G (LABOR AND MATERIAL BOND - CONTINUED) THIS BOND SMALL INURE TO THE BENEFIT OF ANY AND ALL PER50NSI 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 TH13 BONDS 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 CHANOEp 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 BONDS AND IT DOES HEREBY WAIVE NOTICE OF ANY SUCH CHANGES EXTENSION OF TIMEp 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 SMALL NOT EXONERATE THE SURETY FROM ITS OBLIGATIONS UNDER THIS BOND. IN WITNESS WHEREOFs THIS INSTR HAS BEEN DULY EXECUTAQ BY THE PRINCIPA,6,AND SURETY ABOVE NAMED ON THE ccu�ww�l DAY OF JUVt E. L. WHITE CO., INC.. (Scu) BY (SEAL) CONTRACTOR THE AMERICAN �INSURANCE �COMPANY _ (S AtT CARL ttorney- n. aclr 1S EA{) SURETY • - APPROVED AS TO FORMS CITY ATTORNEY THIS BOND WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON DATE ATTEST= CITY tLERK State of CAL IFOMJA ss: County of ORANGE e:: June 26, 1970 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared CARL ARMSTRONG known to me to be Attorney -in -Fact of I rn THE .IC.A'J IiJSURA :'ICS COi ?PApJY 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 i n MARTHA CAPPS %1%yy NJT (.'/ 'JZLI }aALIFJ RNIA My Commission Expires Gt official seal, the day and year stated in this certificate above. n oanrcc: cOUN,Y Notary Public My Commission Expires Oct 21, 1973 0 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 16th day of June , 19 70 . My commission expires: May 14, 1971 L. White Co � /s/ E. L. White, President Elma Elaine Stevens Notary Public # FOR ORIGINAL SEE CITY CLERKS FILE COPY 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 a_ ^50,0().00 worth of Heavy Construction Equiptment Can !fond $1,n0O,,iOO.()0 on contracts. Have Accounts Receivable $76,390.94 Cash in Hank $62,666.43 Keep all accounts paid current. s E. L. White Signed 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. 1970 City of Westminster Public Works 893 -4511 Ext 228 1970 City of LaPalma Public Works 523 -7700 1970 City of Huntington Beach Public Works 516 -6551 1970 City of Orange Public Works 633 -2300 1970 County of Orange Road Department 834 -3456 1969 City of Garden Grove Public Works 537 -4200 1969 City of Newport Beach Public Works 673 -2110 1970 Irvine Industrial Complex Ray Kimmey 833 -1010 -E A..0 'T y m +a:.�.�car.�' �'Y':a,• Y �� cri v-i as 'A-`hr s�ai°° � y, ^_.'vL . 9 0 PAGE II C O N T R A C T THIS AGREEMENT, MADE AND ENTERED INTO THIS % 25✓ DAY OF I ?� BY AND BETWEEN THE CITY OF NEWPORT BEACH, CALIFORNIA, HEREINAFTER DESIGNATED AS THE CITY, PARTY OF THE FIRST PART, AND E. L. WHITE COMPANY, INC. HEREINAFTER DESIGNATED AS THE CONTRACTOR, PARTY OF THE SECOND PART. WITNESSEITH: THAT THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS; 1.. FOR AND IN CONSIDERATION OF THE PAYMENTS AND AGREEMENTS HEREINAFTER MENTIONED TO BE MADE AND PERFORMED BY THE CITY, THE CONTRACTOR AGREES WITH THE CITY TO FURNISH ALL MATERIALS AND LABOR FOR THE CONSTRUCTION OF THIRD AVENUE STREET IMPROVEMENTS - C -1291 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 MATERIALSS1y 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 L0$ 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 SMALL RECEIVE IN FULL COMPENSATION THEREFORE THE LUMP SUM PRICE, OR IF THE BID IS ON THE UNIT PRICE BASIS, THE TOTAL PRICE FOR THE SEVERAL ITEMS FURNISHED PURSUANT TO THE SPECIFICATIONS, NAMED IN THE BIDDING SHEET OF THE PROPOSAL, AS THE CASE MAY BE. . 3. THE CITY HEREBY PROMISES AND AGREES WITH THE SAID CONTRACTOR TO EMPLOY, AND DOES,HEREBY EMPLOY THE SAID CONTRACTOR TO PROVIDE THE MATERIALS AND TO DO THE WORK ACCORDING TO THE TERMS AND CONDITIONS HEREIN. CONTAINED AND REFERRED TO FOR THE PRICE AFORESAID, AND HEREBY CONTRACTS TO PAY THE SAME AT THE TIME, IN THE MANNER, AND UPON THE CONDITIONS SET FORTH IN THE SPECIFICATIONS; AND THE SAID PARTIES FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, DO HEREBY AGREE TO THE FULL PERFORMANCE OF THE COVENANTS HEREIN CONTAINED. 4. THE NOTICE TO BIDDERS, INSTRUCTIONS TO BIDDERS, CONTRACTORS 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. z 2/7/67 • • PAGE 12 5e PURSUANT TO THE LABOR CODE OF THE STATE OF CALIFORNIA., THE CITY COUNCIL HAS ASCERTAINED THE.GENERAL PREVAILING RATES OF PER DIEN 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 CITYO THE DIRECTOR OF PUBLIC WORKS) AND THEIR OFFICERS AND EMPLOYEESS FROM ALL CLAIMSg LOSS, DAMAGE, INJURY, AND LIABILITY OF EVERY KINDO NATURE, AND DESCRIPTION, DIRECTLY OR INDIRECTLY ARISING FRGMTHE PERFORMANCE OF THE CONTRACT OR WORK, REGARDLESS OF RESPONSI- BILITY FOR NEGLIGENCE; AND FROM ANY AND ALL CLAIMSq LOSS, DAMAGED INJURYO AND LIABILITYS HOWSOEVER THE SAME MAY BE CAUSED, RESULTING DIRECTLY OR INDIRECTLY FROM THE NATURE OF THE WORK COVERED BY THE CONTRACT, REGARDLESS OF RESPONSIBILITY FOR NEGLIGENCE. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS CONTRACT TO BE EXECUTED THE DAY AND YEAR FIRST ABOVE WRITTEN. CITY OF NEWPORT BEACH CALIFOY IA BY: MAYOR ATTEST: .CITY CLERK CONTRACTOR: BY: APPROVED AS TO FORM: / 7,J CITY ATTORNEY ITLE _I • CITY OF NEWPORT BEACH • 1.1 PUBLIC WORKS DEPARTMENT THIRD AVENUE STREET IMPROVEMENTS CONTRACT NO. 1291 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: 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. 1291 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 1260 Construct 6 -inch C.F. Type "A" Lineal Feet curb and gutter. @ Two Dollars and Sixt -Five Cents $ 2.65 $ 3,339.00 er inea Foot 2. 450 Construct 8 -inch and variable C.F. Lineal Feet Type "A" curb and gutter. @ Two Dollars and Sixt -Five Cents $ 2.65 $ 1,192.50 er inea I Foot 3. 2000 Construct 8 -inch thick portland Square Feet cement concrete cross gutter over 4 -inch thick aggregate base. @ One Dollars and Twent -Five Cents $ 1.25 $ 2,500.00 Per qua re Foot 4. 4 Construct 61,-inch thick portland Each cement concrete alley approach over 4 -inch thick aggregate base. @ Two Hundred Fifty Five Dollars and Cents $ 255.00 $ 1.020.0n Per Each 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS " 'PRICE " PRICE 5. 60 Square Feet 6. 950 Square Feet 7. 1150 Square feet 8. 1400 Tons Construct 6k -inch thick Portland cement concrete alley pavement @ One Dollars and - - - - -- Cents Per Square Foot Construct 4 -inch thick portland cement concrete sidewalk @ - - - - - -- Dollars and Sixtv -Five Cents Per Square Foot Construct 6 -inch thick portland cement concrete drive approaches @ --- - - - - -- Dollars and Eighty Cents Per Square Foot Construct asphaltic concrete base course (8- inches thick) $1.00 $ 60.00 $ .65 $ 617.50 $ .80 $ 920.00 @ Ten Dollars and Ei ht -Five Cents $ 10.85 er on 9. 300 Construct asbestos asphaltic concrete Tons surfacing (la- inches thick) @ Fourteen Dollars and Twent -Five Cents er on 10. 700 Construct variable thickness asphaltic Square Feet concrete patching @ ----- - - - - -- Dollars and Ni net -Seven Cents er qua re Foot 11. 550 Adjustment or replacement of walks Square Feet and landings $ 15,190.00 $ 14.25 $ 4,275.00 $ .97 $ 679.00 @ One Dollars and Twent -Five Cents $ 1.25 $ 687.50 e quare oot • • 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT'PRICE WRITTEN IN WORDS PRICE PRICE 12. 3 Each Adjust manholes to grade @ Ninety Dollars and -------- -_ -__ Cents $ 90.00 $ 270.00 Per Each 13. 2 Each Construct survey monument @ Fifty Dollars and ---- - - - - -- Cents $ 50.00 $ 100.00 Per Each TOTAL PRICE WRITTEN IN WORDS: Thirty Thousand Eight Hundred Fifty Dollars and Fifty Cents $ 30,850.50 By +he c;TY COUNCIL June 22, 1970 CITY C f:_'i!f R`;' ,ZACH TO: CITY COUNCIL E _ 3 c 1 FROM: Public Works Department ( J SUBJECT: THIRD AVENUE STREET IMPROVEMENTS (C- 1291) RECOMMENDATION: Adopt a resolution awarding the contract to E. L. White Company, Inc., Garden Grove, California for $30,850.50 and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Four bids were received and opened in the office of the City Clerk at 10:30 A.M. on June 16, 1970. BIDDER TOTAL E. L. White Co. Inc., Garden Grove $30,850.50 Universal Asphalt Co. Inc., Santa Fe Springs 30,866.50 Patco Construction Co., Corona del Mar 32,899.00 Sully- Miller Contracting Co., Orange 32,960.00 The low bid is approximately 4.5% less than the engineer's estimate of $32,500.00. The funds are available in Account 02- 3397 -205. E. L. White Company, Inc. has previously performed satisfactory street work for the city. This project provides for the reconstruction of the deteriorated street improvements on Third Avenue from Avocado Avenue to Carnation Avenue in the Corona del Mar area. The plans were prepared by the city. The estimated date of completion is October 16, 1970. h T�kevlin c W* Ns Director LM /ldg xt SOL1�'IUn 1 7200 A RESOLUTION OF THE CI 1 CWTeiCIL OF TU CITY OF NEWPOla BBAE`.1'1 AWARDUO A GONTRWT M TiiI" AVENUE MMM UNUM TS, COMA= not 1291 Iduaw, pursuant to the notice inviting bids J!Qitj►rk In coaxwetion with Third Avenue street. Leprovem ftwZontract So. 1291, in accordance with the plans and specifications here- tofore adopted, bids were received on the 16th day of J=41, 1970, and publicly opened and declared; and W=UJ►S, it appears that the lowest responsible bidder therefor is L. L. White gaVany, Inc., of Qarden Grove; K)W, THMFOBt, U IT RESMVED by the City Council of the City of 100port beach that the bid of R. 16. White G"N any, lac., for the work in the mmut of 430,8 50.50 be aacapted° and that the ooatreat for the described work be awarded to said bidder; BE IT rummbt MUE VID that the Mayor and City Clerk are hereby aut,harised and directed to execute a contract in accordance with the spcecifiaationa, bid a this award on behalf of the City of agwport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. AUMPM this 2::.a4 day o.f use, . My—or ATUS"T eit-Y Clerk TOb11 W o � /G' ::3p�� • I May 25, 1970 ny iFo C Tf COUN"1L /— O TO: CITY COUNCIL FROM: Public Works Department SUBJECT: THIRD AVENUE STREET IMPROVEMENTS, C -1291 RECOMMENDATIONS: 1. Approve the Plans and Specifications 2. Authorize the City Clerk to advertise for bids to be opened at 10:30 A.M., June 16, 1970. DISCUSSION: This project provides for the reconstruction of the deteriorated street improvements on Third Avenue from Avocado Avenue to Carnation Avenue in the Corona del Mar area. The estimated cost of the work is $32,500. The funds are available in Account 02- 3397 -205. Plans were prepared by the City. The estimated date of completion is October 16, 1970. eph Devlin lic o ks Director n. 0 0 CONTRACT NO. 1291 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR THIRD AVENUE STREET IMPROVEMENTS APPROVED BY THE CITY COUNCIL ON THIS 25TH DAY OF MAY 1970 / / /�i wi /I zwlif MW W CROF NEWPORT BEACH, CALIFORNIA Pg. 1 NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10 13 O A.M. on the 16th _ day of Ju �, 19�, at which time they wi open and read, for per orming,work, as follows: THIRD AVENUE'STREET IMPROVEMENTS CONTRACT NO. C -1291 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 CorporatirnYS, the signatures of the President or Vice President and _Sec�retaarry or Assistant Secret are required and the Corporat— a SeaT ShaTT_Ui_a f xxeed- to 'aTT �uments req�u ring s gnatures. 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 S ecifications for Public Works Construction (1967 Edition and Supplements) as prepar y t e Sout ern Ca i orn a Chapters of the American 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. Pg. IA . 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 Nay 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 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 providi g for the registration of Contractors, License No. _-?Ye "7P 7 Classification L-42- Accompanying this proposal is (Gash, Certified Check, Gas in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. (7/ yj CY- 3/c 3 one Number ✓/✓e /4- 197 Date Bidder's Name =(SEAL) 2!� Ail Z v- ga. Authorized ig ature Authorized igna ure 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:: M /' /9NA5(.0 e . �AiNC V �i�,'e,✓J o(K/Cf >9.Cy - /iffA,Pu,yE,P 0 0 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 4. 5. 6. 7. 8. 9. 10. 11. 12. C. l✓,U: 'e- Bidders Rame e4juthdrilzed Si nature —Type of Organization (Individual, Co- partnership or Corp) AGaress s • • Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, and as Principal, 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) rincipa (Attach acknowledgement of Attorney in Fact) 0 Title Surety 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 /6 " day of ✓ ✓,✓e , 191. My commission expires: My Commission Ezpims Flay id, 1771 J Notary ubliic ...._..... .... ._-.. ... ... ........................... .....,. . ! OFFICIAL ELMA ELAINE STEVENS o NOTARY PUBLIC- CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY Page 10 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. r Signed 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. 0 -, 1, , 4 - igne • CITY OF NEWPORT BEACH • 1.1 PUBLIC WORKS DEPARTMENT THIRD AVENUE STREET IMPROVEMENTS CONTRACT NO. 1291 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: 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. 1291 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1, 1260 Construct 6 -inch C.F. Type "A" Lineal Feet curb and gutter. @ Dollars and re Cents er Lineal Foot 2. 450 Construct 8 -inch and variable C.F. Lineal Feet Type "A" curb and gutter. @ % Dollars and of�x+ /rc Cents er Lineal Foot 3, 2000 Construct 8 -inch thick portland Square Feet cement concrete cross gutter over 4 -inch thick aggregate base. @ CAE Dollars and ;iw�e, ry Five Cents er sqdare Foot 4. 4 Construct 62 -inch thick portland Each cement concrete alley approach over 4 -inch thick aggregate base. $ -� 6.T @ %WO /Jl Jr<j Fig FvC Dollars and Cents $ aRrr.o Per Each $ '7 fo C. cc • . 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT "PRICE WRITTEN IN WORDS PRICE PRICE 5. 60 Construct 6k -inch thick portland Square Feet cement concrete alley pavement @ Oki Dollars and Cents Per Square Foot 6. 950 Construct 4 -inch thick portland Square Feet cement concrete sidewalk @ Dollars and S;x>r r, V, Cents Per Square Foot 7. 1150 Construct 6 -inch thick portland Square Feet cement concrete drive approaches $ 40. $ 60.00 $ , lf< $ G /7. fo @ Dollars and E n> Cents $ J01 er squate Foot 8. 1400 Construct asphaltic concrete base Tons course (8- inches thick) @ 1'XA1 Dollars and uc Cents er I on 9. 300 Construct asbestos asphaltic concrete Tons surfacing (1;- inches thick) @ Dollars and Cents der Ton 10, 700 Construct variable thickness asphaltic Square Feet concrete patching .r,o @ Dollars and /U ✓4ry JE ✓f^� Cents $ , 97 ¢ $ 6 79.0 0 der Squarre Foot 11. 550 Adjustment or replacement of walks Square Feet and landings @ ENE Dollars and Wert , ✓c Cents $ $ W So er square Foot TOTAL PRICE WRITTEN IN WORDS: y Dollars and Cents r0 0 ,.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT`PRICE WRITTEN IN WORDS PRICE PRICE 12. 3 Each Adjust manholes to grade @ /11' �, Dollars and i Cents $ 90,00 $ )70,00 Per Each 13. 2 Each Construct survey monument @ FF> Dollars and Cents $ $ /o o... Per Each TOTAL PRICE WRITTEN IN WORDS: y Dollars and Cents r0 THE A31 ERIOCAN INS 116CANCPC®11 PANY 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 COMPAKY, a corporation organized and doing business under and by virtue of the laws of the Stats of New )srsay, and duly ►kensed kr the pwposs of makfnq, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by Ihe,lowe of the Stale of CALIFORNIA , as Surety. are hold and firmly bound unto CITY OF NEWPORT BEACH (hereinafter called the Obligee) to the just and full sum of TEN PERCENT OF THE AMOUNT BID Dollars (S ) lawful money of the United States of Amerka, (or 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, Ihi above boutt4n principal m aforesaid is about to hand in and submit to the obliges a bid or proposal for the 3RD AVENUE STREET IMPROVEMENTS CONTRAOT #1291 in accordance with the plane 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 eompletion of said work an 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 dad sialed-this = 11th day of JUNE .19 .70 THE CAN BY CARL ARMSTRONG Atfem.r taTea 360277 —(TA) -11.68 - _ _ - State at CALIFOR Ili County of ORANN s h On JUNE II 1970 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared 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 myhand an S O!FI'.:IAL SEAL t MARTHA CAPPS My Commission Expires 1'uC. CALIFORNIA " PRIIICIPAL CFr)ZL rI ORANGE COUNTY My Cernmission Expires Oct 21, 1973 official seal, the day and year stated in this certificate above. Notary Public u s n a nnmmm�.m9�as�a =o�aasa� ,u�1IlYHI�IN������ N�MIIIINIYI�YI�'�II� nmm�nmYnnau������ �III�IIIIIII�IUW�l���� uunnneinimiemaun� �I�NIIIIININIIIIIRI�nII �IIIIIWNIIIMIIRINYnII� nmimumnnnm�mi i�i��iin�i��lliunm III�I�IIIIIIIInIAII��II� �D-ar ��R �C� � c i �.