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HomeMy WebLinkAboutC-1334 - Fernleaf Street End Improvements in China Covexa January 17, 1972 Jezowski 6 Markel, Inc. 2619 W. Edinger Avenue Santa Ana, CA 92704 Subject: remleaf Street End Improvements in China Cove, C -1334 Enclosed is Your Cashier'-, Check in the amount of $541.15 which was submitted in lieu of bidder'- bond with your proposal on the above job. Laura Lagios City Clerk LL:,-,wk enc. 1 SEP 13 1971 September 13, 1971 BY fhe CITY COUNCIL CITY OF M!1WP0aT ar+ACH 34 . T0: CITY COUNCIL FROM: Public Works Department SUBJECT: FERNLEAF STREET END IMPROVEMENTS IN CHINA COVE (C -1334) RECOMMENDATIONS: 1. Adopt a resolution awarding the contract to R. W. McClellan & Sons, Inc. of Costa Mesa, California for $5,370.75. 2. Authorize 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 3:00 P.M. on September 7, 1971. Bidder Amount R. W. McClellan & Sons, Inc., Costa Mesa $5,370.75 Jezowski and Markel, Inc., Santa Ana $50411.50 Lynam -Wood Construction, Corona del Mar $60489.00 Trautwein Brothers, Newport Beach $12,310.00 The low bid is 23% less than the engineer's estimate of $7,000.00. Funds for the project are available in Budget Appropriation No. 02- 3397 -259. This project provides for the reconstruction of the Fernleaf Street end bulk- head and related street improvements in China Cove. The plans were prepared by the city. , The estimated date of completion is November 6, 1971. eph evlin, lic r s Director iL 4��t August 23, 1971 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: FERNLEAF STREET END IMPROVEMENTS IN CHINA COVE (C -1334) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 3:00 P.M. on September 7, 1971. 11-,7 DISCUSSION: This project provides for the reconstruction of the Fernleaf Street end bulkhead and related street improvements in China Cove. The estimated cost of the work is $7,000.00. Funds are available in Budget Appropriation 02- 3397 -259. The plans were prepared by the city. The estimated date of completion is November 6 ,1971. cue t,// , ►, Joseph T. Devlin Public Works Director ELM /bg z- n,I-e G November 22, 1971 NOV 2 21971 TO: CITY COUNCIL By the CITY COUNCIL FROM: Public Works DepartmengITY OF Nliwwvau BEACH SUBJECT: ACCEPTANCE OF FERNLEAF:STREET END IMPROVEMENTS (C- 1334) 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 construction of the Fernleaf Avenue street end bulkhead in China Cove has been completed to the satisfaction of the Public Works Department. The hid price was: $ 51370.75 Amount of unit price items constructed 5,527.65 Amount of change orders - Total Contract Cost: 50527.65 Amount budgeted in Account No, 02- 3397 -259 $ 7,000.00 The contractor is R. W. McClellan and Sons, Inc. of Costa Mesa, California. The contract date of completion was December 14, 1971. All work was completed by November 12, 1971. oseph T. Devlin ublic o ks Director D /.ldg R. W. lAcClellan & Sons, Inc. 151 Commercial Way Costa Mesa, CA 0 December 20, 1971 Subject: Surety . The American Insurance Company Project . Fernleaf Street Edd improvements Contract No.: 1334 The City Council on November 22, 1971 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 December 6, 1971 in Book Mo. 9914, Page 234. Please notify your surety company that bonds may be released 35 days after recording date. Laura Lagios City Clerk dg cc: Public Works Department a.: 0 0 CITY OF NEWPORT BEACH CALIFORNIA Date: December 3, 1971 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 Attached for recordation is Notice of Cm pletion of Public Works project consisting of Fernleaf Street End Improvements Contract No. 1334 on which R. W. McQellan & Sons, 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. R- CORDING REQUESTED "DY AtlD MAIL 10 CITY CLERK. 3300 W Newport Blvd.# Newport Beachq Calif 92660 4365 NOTICE OF COMPLETION PUBLIC WORKS 0 �uK 9914 °AsE234 To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on November 12, 1971 the Public Works project consisting of Fernleaf Street End Improvemexts (C -1334) on wnxcn r. w was the contractor, and was the surety, was cor I, the undersigned, say: Insurance CITY OF NEWPORT BEACH I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 3, 1971 at Newport Beach, California. I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on November 22. 1971 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 3, 1971 at Newport Beach, California. �y v ff E RECORDED IN OFFICIAL RECO,v S OF ORANGE COUJ -i Y, GgLIFORNIA 9:05 A.M. DEC 6 19711 J. WYLIE CARLYLE, County Recorder CITY OF NEWPORT BEACH TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1334 Project Fwnl"f Strwt EW In ChiM Cam Date fit. 19s 197'1 Attached are ....3. executed copies of subject contract for your files and for transmittal to the contractor. Contractor: Address: 151 ca merOw wart Oosta Myra, CA Amount: $ Ss370.7b Effective Date: Resolution No. 7626 adopted on 2,13 -71 LL:dg Att. cc: Finance Department ❑ i Laura I�agl .. t: `3 c 0 0 ia -� �t ;. September 28, 1971 TO: CITY CLERK FROM: Public Works Department SUBJECT: FERNLEAF STREET END IMPROVEMENTS IN CHINA COVE, C -1334 Attached are 4 sets of the subject contract documents and the appropriate insurance certificates. Will you please have executed on behalf of the city, retain your copy and the certificates and return the remaining copies to our department for distribution. GGe me Ed McDonald Design Engineer EM /ldg Att. lI 0 CERTIFICATE OF INSURANCE t, J IMPERIAL INSURANCE COMPANY P 0, BOX 22; • LOS ANGELES, CALIF. 90054 • PHONE (213) 625 -0431 This is to Certify, that policies in the name of NAMED R. W. McClellan & Sons, Inc. INSURED and 151 Commercial Way ADDRESS Costa Mesa, California I are in force at the date hereof, as follows: y RU $043 _i (Ed. lo-M) KIND OF - -� POLICY ! POLICY LIMITS OF LIABILITY BODILY INJURY PROPERTY DAMAGE INSURANCE__ NUMBER_ PERIOD WORKMEN'S WCP 12991 -1 Elf. 10/1/71 Compensation of NIL COMPENSATION 1011/72 California COMPREHENSIVE GENERAL GLA 906045 EN. 10/2/71 S 250 , 000 Each person s 100 000 Each occurrence LIABILITY Exp. lO/2/72 s 500 ,000Eacnoccurrence E 50pQ 000 Aggregate $ OOOAggregate roauCts & contr MANUFACTURERS' AND — I Eft. $ ' DOD Each person E DDO Each occurrence CONTRACTORS' LIABILITY Exp. S 000 Each occurrence S 000 Aggregate OWNERS', LANDLORDS' i Eft. _ $ � , 000 Each person $ . 000 Each occurrence AND TENANTS' LIABILITY – Exp.. , S 000 Each occurrence $ 000 Aggregate CONTRACTUAL EH. $ , 000 Each person $ , 000 Each occurrence LIABILITY I_Ex_o. _ —�5 _ .000 Each occurrence $ , 000 Aggregate AUTOMOBILE LIABILITY �� �1 Owned Automobiles GLA 906045 Ex. 10/2/71 !d 250.00O Each person �S 100 ,000 Each accident Hired Automobiles ;Exp. 10/2/72 500 000 Each accident i �� Non -Owned Automobiles COMPREHENSIVE AUTO- Ef. 1 000 Each person -- $ 000 Each occurrence] MOBILE LIABILITY OTHER: I 000 Each occurrence _- ctu al It is hereby understood and agreed that the policy to which this certificate refer may not be cancelled, materially changed, nor the policy allowed to lapse until ten (10) days after receipt by the City Clerk of the City of Newport Beach, Cal. In the event of any ma!eriai chmlge m, or cancel:alion of, said oolicies, the undersigned company will endeavor to give written notice to the party to whom this certificate is issued, but fadme to give such notice shall impose no obligation nor liability upon the company. of a registered notice of such cancellation Dated: 10/28/71 or reduction in coverage. Further agreed Nameot Imperial Insurance City of Newport Beach is named as additional Company: insured as applies to work performed by R. W. — McClellan & Sons, Inc, oa zeo 6cra`esen :n E CERTIFICATE ISSUED TO: City of Newport Beach NAMdE 3300 W. Newport Blvd. ADDRESS Newport Beach, California �YI C° 0 CERTIFICATE OF INSURANCE IMPERIAL INSURANCE COMPANY P BOX 2217 . LOS ANGELEVCALIF. 90054 . PHONE (213) 6250431 This is to Certify, that policies in the name of NAMED R. W. McClellan & Sons, Inc. INSURED and 151 Commercial Way ADDRESS Costa Mesa, California I - J are in force at the date hereof, as follows. GU 6843 -r (Ed. 10.66) KIND OF POLICY POLICY LIMITS OF LIABILITY INSURANCE NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S IWCP 12991 -1 EfE 10/1/71 Provided by Workmen's Compensation Law —State of NIL COMPENSATION I Exp. 10 1 72 California COMPREHENSIVE GENERAL I GLA 906045 Eft. 10/2/71 $ 250 , 000 Each person $ 100 .000 Each occurrence LIABILITY Exp 10/2/72 $ 500 000 Each occurrence $ 50Q 000 Aggregate $ goo 000 Aggregate roaucts & contT MANUFACTURERS' AND E . $ 000 Each person $ 000 Each occurrence CONTRACTORS' LIABILITY Exp. S 000 Each occurrence $ 000 Aggregate OWNERS', LANDLORDS' LAND TENANTS' LIABILITY Eff. - Exp $ 000 Each person S 000 Each occurrence $ $ 000 Each occurrence 000 Aggregate CONTRACTUAL ; Ett. $ 000 Each person $ 000 Each occurrence LIABILITY ' Exp. + - -- $ .000 Each occurrence $ 000 Aggregate AUTOMOBILE LIABILITY i I �5 I =; Owned Automobiles GLA 906045 jElf 10/2/71 250, 000 Each person �g 100 .000 Each accident j Hired Automobiles ` ,Exp 10J2J72 is 500 000 Each accident 71, Nan -Owned Automobiles COMPREHENSIVE AUTO- IEf(. $ 000 Each person $ 000 Each occurrence) MOBILE LIABILITY I .Exp. $ 000 Each occurrence - ----- - -- - -- -- -- OTHER: �- - -- - - !- . - - - -- - - — ctu al It is hereby understood and agreed that the policy to which this certificate refer; may not be cancelled, materially changed, nor the policy allowed to lapse until ten (10) days after receipt by the City Clerk of the City of Newport Beach, Cal. In the evens of any mater a' chani,c m. o: cancellation of, said policies, the undersigned company will endeavor to give written notice to the party to whom this certificate is issued. but fa,t,re to give °uch notice shall impose no oWigallon nor liability upon the company. of a registered notice of such cancellation Dated: 10/28/71 or reduction in coverage. Further agreed Hart" Imperial Insurance City of Newport Beach is named as additional Company: insured as applies to work performed by R. McClellan & Sons, Inc. THORQz REPRESS VE CERTIFICATE ISSUED TO: City of Newport Beach NAME 3300 W. Newport Blvd. and ADDRESS Newport Beach, California CO CERTIFICATE OF IIISIIRAf IMPERIAL 'USURANCE COMPANY P.O. BOX 2211 . LOS AN' CALIF. 90054 - PHONE (213) 625 -0431 This is to Certify, that policies in the name of r NAMED R. W. McClellan & Sons, Inc. INSURED 151 Commercial Way Y ADDRESS Costa Mesa, California L are in force at the date hereof, as follows: I 6U 6843 -x (Ed. 10.66) KIND OF POLICY POLICY LIMITS OF LIABILITY BODILY INJURY PROPERTY DAMAGE INSURANCE NUMBER PERIOD WORKMEN'S WCP 12991 -1 Eff,10 /1/71 Providd CompensationyLawr- -State of NIL COMPENSATION Exp. 10/1/72 California COMPREHENSIVE GENERAL Eff.10 /2/71 $ 250, 000 Each person $ 250, 000 Each occurrence LIABILITY GLA 906045 Exp. 10/2/72 $ 500, 000 Each occurrence $ 500, 000 Aggregate $ 5 00, 000 Aggregate products & contract MANUFACTURERS' AND Eff. $ 000 Each person $ , 000 Each occurrence CONTRACTORS' LIABILITY Exp. 000 Each occurrence $ , 000 Aggregate OWNERS', LANDLORDS' Eff. $ 000 Each person $ 000 Each occurrence AND TENANTS' LIABILITY Exp. $ 000 Each occurrence $ 000 Aggregate CONTRACTUAL Eff. $ , 000 Each person $ , 000 Each occurrence LIABILITY Exp. $ , 000 Each occurrence $ , 000 Aggregate AUTOMOBILE LIABILITY ❑ Owned Automobiles GLA 906045 Eff. 10/2/71 $ 250 ,000 Each person $ 500, 000 Each accident ❑ Hired Automobiles Exp. 10/2/72 $ 500 000 Each accident ❑ Non -Owned Automobiles COMPREHENSIVE AUTO- Eff. $ 000 Each person $ , 000 Each occurrence MOBILE LIABILITY Exp. $ 000 Each occurrence OTHER: Eff. Exp. ual It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled, materially changed, nor the policy allowed to lapse until ten (10) days after receipt by the City In the event of any material change in, or cancellation of, said policies, the undersigned company will endeavor to give written notice to the party to whom this certificate is issued, but failure to give such notice shall impose no obligation nor liability upon the company. Clerk of the City of Newport Beach, Calla gf a registered written notice of such cancellation or reduction in coverage Name It is agreed that the City of Newportcompany: Imperial Insurance Beach is named as additional insured as applies to work performed by R. M. McClellan Au4NORi hEPHSSENTATiVE CERTIFICATE ISSUED TO: & Sons, Inc. City of Newport Beach NanddE 3300 W. Newport Blvd. ADDRESS L Newport Beach, California 1 CONTRACT NO. 1334 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR FERNLEAF STREET END IMPROVEMENTS IN CHINA COVE Approved by the City Council this 23rd day of August 1971. SUBMITTED BY: ont 91 rk- R.. Wra. ctor McClellan A Sons. Inc. re mmercial Way ress ta me, City ip _714- 548 -5511 Phone $5.370 75 Tot�irice 0. • CITY OF NEWPORT BEACH FERNLEAF STREET END IMPROVEMENTS IN CHINA COVE CONTRACT NO. 1334 PROPOSAL To the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: PR 1 of 2 The undersigned declares that he has carefully examined the locations of the work, has examined the Plans and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 1334 in accordance with the City of Newport Beach Drawing H- 5049 -S, the City's Standard Drawings and Specifications, and these Special Provisions, and that he will take in full payment therefor the following unit prices for each completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Remove existing concrete rubble wall, including barricades @ Five Hundred Dollars . and s Nn Cents $ sop-nn $ -son an Lump Sum 2. Lump Sum Construct P.C.C. gravity bulkhead including stairs and rails, landing, and aggregate drain @ Three Thousand Five Hundred Dollars and No Cents $ 3500.00 $3500.00. Lump Sum 3. 325 Construct 4 -inch thick P.C.C. Square Feet sidewalk with cut -off wall @ Nn Dollars and Seveniiy Five Cents $ .75 $ 243.75 Per Square Foot 4. 41 Construct 6 -inch curb face Linear Feet P.C.C. Type "A" curb and gutter @ Five Dollars and No Cents $ .5.00 . $ 205.00. Per Linear Foot • , PR2of 2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 56 Construct P.C.C. Type "B" curb Linear Feet @ Five Dollars and No Cents $ s_nn $ 280.00 Per Linear Foot 6, 70 Construct 6 -inch thick P.C.C. Square Feet gutter @ No Dollars and Six t Cents $ .60 . $ 42.00 er Square Foot 7. 400 Construct 4 -inch thick asphaltic Square Feet concrete pavement @ No Dollars and Ninety Five Cents $ .95 $ 380.00 Per Square Foot B. Lump Sum Construct modified CNB STD -114 -L barricade utilizing Cor -Ten steel with W- 21 -R -18" x 18" yellow -9 reflector sign @ Two Hundred Twenty Dollars and No Cents $ 220.00 $ 220.00 Lump Sum TOTAL PRICE WRITTEN IN WORDS: Five Thousand Three Hundred Seventy Dollars and Seventy Five Cents $ 5,370.75 CONTRACTOR'S LICENSE NO. 247553 DATE 9 -7 -71 R_ W_ Wrlellan R Snnc_ Tnr_ BIDDER'S ADDRESS 151 Commercial Way, Costa Mesa, California 92627 TELEPHONE NUMBER 714 -548 -5511 i, Page 1 OTY OF NEWPORT BEACH, CALIFORNIA• NOTICE INVITING SIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 3:00 P.M.: .. on the 7th day of September 1971 at which time they w�pened and read for performing wo— r k as o o1T ws: FERNLEAF STREET END IMPROVEMENTS IN CHINA COVE CONTRACT NO. 1334 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 signaturetand titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required and the Corporate Seal shall eti affixed to all 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. 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 (1970 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 OverlandiAvenue., Los Angeles, California 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. ..._ .... ��': -S. sc�c "P�F+�'— s�F-M� .�- .�v��'.....�.; a4xs"•.,SS6lies� tf(��- ;ms's -� sS .. _. �.... �2��>�P Page 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). 0 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 works 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 Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying 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. 247553 Classification C=12 Accompanying this proposal is SA, SC -21, SB -1, SC -32 Cash, Certif ed Chec , Cashier's Check or BondT 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 workmeW 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 - 548 -5511 Phone Number Sent ember 7. 1971 Date R. W. McClellan & Sons Inca - Bid er s Name — (SEAL) A California Pr ration Type of Organizatpillon (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: Michael W. McClellan, - Secr. Treas. Page 3 DESIGNATION OF SUB - CONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the sub - contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub - contractors except upon the prior approval of the Engineer. Item of Work Sub - contractor Address 1. NONE . 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12... R. W. McClellan & Sons, Inc. A California Corporation Type of rgan zat on (Individual, Co- partnership or Corp) 151 Commercial Way Costa Mesa. lif ia 92627 ress 0 0 Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, R. W. McClellan & Sons, 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 Contract Bid Dollars ($ 10% of bid ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of FERNLEAF STREET END IMPROVEMENTS IN CHINA.COVE (CONTRACT 1334). 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, Sunday and Federal Holidays) 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 7th day of September. 1971 , 19 71 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) NOTARY PUBLIC: R. .W. p aT MC CLELLAN & SONS, INC. rih nci Page 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 7th day of September , 191]_. My commission expires: April 3. 1975 04$ - , s y /s/ Anne Shimmin Notary PUblIC OR6NAL ON FILE WITH CITY CLERK Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The. undersigned submits herewith a statement of his financial responsibility. R. W..MC CLELLAN & SONS, INC. „I l Signed R...W, McClellan, Jr. I Page 7... 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. City of Newport Beach City of Costa Mesa University of California Irvine Based on .fobs completed and past experience. R. 1S I gne ro- • • Page 8 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 September 13, 1971 as awarded to R. W. McClellan & Sons, Inc. ........... hereinafter designated as the "Principal ", a contract for Fernleaf Street End Improvements in China Cove (Contract No. .1334). in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per - formance 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 & SONS, INC. as Principal, hereinafter designated as the Contractor and. " .. .' . " .. .. .. The American Insurance Company n as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Two Thousand Six Hundred Eighty Five & 38/100 Dollars ($ 2;685.38 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 subcontractors, 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 specified 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. state of California County of Orange as: On September 21 1971 , 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 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 executea 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 }land and affixed my official se ,he day and year at fed ' this certificate above. My commission expires May 8, 1974 My Commission Expires ETH E. PARKER t V-ie C! calilornia 360212 -6.66 0 P!inciyal Office in Orange County ..................... ............................... • Page 9 (Labor and Material Bond - Continued) This bond shall inure to the benefit of any and all persons, companies, and corporation 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 21st day of September , 19 71 Approved as to fo,,r�m:. ice &Ktk � n - -Ci-ty Attorney This bond was approved by the City Council of the City of Newport Beach by motion on Attest: ae City Clerk R. W. McClellan & Sons, 1) 1) (Seal) Contractor B �al) G •g L ubledee ttorney -in -Fact (Seal) The American Insurance Compl) 0 • Page. 10 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 September 13, 1971 has awarded to R. W. McClellan & Sons, Inc: hereinafter designated as the "Principal ", a contract for Fernleaf Street End Improvements in China Cove (Contract No. 1334). in the City of Newport Beach, in strict conformity with the drawings and specifications 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 whereof require the furnishing of 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 The American Insurance Company As Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Five Thousand Three Hundred Seventy & 75/100 Dollars ($ 5,370.75 )I said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; 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 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 provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. ..:..:' '.:.:.. - >.. sc¢. -:.✓ iE�e3vz °- �a�_.:"'.?ua v .��. -�v,. t�# 's:Y!�'`'.�...M.mS .�,.iti State of Cali£orn�a Orange County of ss: On September 21, 1971 before me, a Notary Public in and for said County and State, residing therein, duty commissioned and sworn, personally appeared George L. Aoubledee known to me to be Attorney -in -Fact of The American Insurance Company the corporation described in and that executed the within and foregoina 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 pand and affixed my official sp4j,46e day and ye_qcetektedX this Aertificate above. My Commission Expires My commission expires May 8, 1914 notary Public of California 360212 -1-66 a<d Slate Principal Office in oraolre County 6 (Performance Bond - Continued) Page 11 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 to 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 contract 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 instNument has been duly executed by the Principal and Surety above named, on the 21st day of September , lg 71 (Seal) R W Mc Clellan & Sons Inc. (Seal) Contractor (Seal) g Seal)_ or L. ubledee Attorney -in -Fact he American Insurance Comp.atiy _(Seal) Surety Approved as to form: 4-'W44 oi&4e ty ttorney 0 CONTRACT 0 Page 12 THIS AGREEMENT, made and entered into this /Y7F/ day of p c Tc �7,c4 , 1 g_L, by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and R. W. McClellan & Sons. Inc_ hereinafter designated as the Contractor, party of the second part. WITNESSETH: That the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for the construction of and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (Except such materials, if any, as in the said Specifications are stipulated to be-furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated tube borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in:full compensation therefore the lump sum price, or if the bid is.on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case May be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials':and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties 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. 0 0 Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the 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. ATTCCT. Approved as to form: 'o. ity Attorney CITY OF NEW RT BEACH, CAL ORNIA By: ayor WPp�r on rac or (SEAL) By. _ it e C By: Ture..ci1 ec Title s. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR FERNLEAF STREET END IMPROVEMENTS IN CHINA COVE CONTRACT NO. 1334 I. SCOPE OF WORK SP l of 3 The work to be done under this contract consists of the construction of a gravity bulkhead. It also includes a flexible steel barricade, sidewalk, curb and gutter, stairs, and miscellaneous asphalt paving. The contract requires completion of all work in accordance with these Special Provisions, the City's Standard Specifications, the Plan (Drawing No. H- 5049 -S), and the City's Standard Drawings and Special Provisions. The City's Standard Specifications are the Standard Specifications for Public Works Construction, 1970 edition. II. COMPLETION OF WORK The Contractor shall complete all of the work within 60 calendar days after the date of award of the contract by the City. III. CONSTRUCTION SURVEY All field staking for the control of construction will be set by the City. The Public Works Department shall be notified a minimum of 48 hours in advance of the time that grades or lines are required. IV. TRAFFIC CONTROL No materials or equipment shall be stored where it will interfere with the free and safe passage of public traffic. Adequate barricades, warning devices, and signs shall be employed to insure the public safety. V. WATER The Contractor shall make his own provisions for securing and applying water necessary to support his work. If the Contractor desires to use city water, he shall make arrangements for water purchases by contacting Mr. Tom Phillips, at (714) 673 -2110, Extension 271. VI. PROTECTION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for protection of public and private improvements adjacent to the project. Special care shall be taken to protect the planter and porch of the adjoining resident. Any improvements removed without designation, or otherwise damaged, shall be replaced or repaired at the Contractor's expense. • • SP2of3 VII. PAYMENT The cost of removing and disposing of existing improvements, excavation, subgrade preparation, and miscellaneous incidental items shall be included in the various items of work and no additional compensation will be allowed. VIII: CONSTRUCTION DETAILS A. Removals and Backfill All of the concrete rubble seawall at the street end shall be removed and the sand graded to match the sand line shown on the Plans. Asphaltic concrete as shown on the Plans shall be removed by sawcutting a minimum depth of 1; inches prior to removal. Sand backfill as is necessary to bring the subgrade up shall be provided by the Contractor. The sand shall have a minimum sand equivalent of 70 and shall be compacted as specified in Section 301 -1.3 of the Standard Specifications.. If, during construction, the asphaltic concrete pavement remaining is undermined, the Contractor shall remove the undermined pavement at his own expense. The existing concrete block sea wall which extends from under the house to the concrete rubble wall shall be left standing for at least 10 feet into the rubble wall from the walkway. Special care shall be taken not to undermine the existing b. :ck walk. A portion of the existing planter hanging on the side of the wooden walkway shall be removed and shortened to accommodate the new bulkhead. The cost of this item shall be included in the other items of work. B. Structural Concrete Structural concrete used in the monolithic bulkhead, sidewalk, stairs, and landing,and curb and gutter shall be Class 6.0 -B -3000 using Type V Portland Cement. C. P.C.C. Bulkhead and Appurtenances The lump sum price bid for the P.C.C. bulkhead shall include the stairs and railings, landing, aggregate drain, etc., required to construct the bulkhead complete in place. The bulkhead shall have a smooth finish free from rock pockets on all exposed surfaces. All exposed edges shall be finished with a 1/2 inch chamfer: The bulkhead shall be kept continuously wet for a minimum of 10 days after the concrete pour. No paving or backfilling shall be started for at least three weeks after pouring of the bulkhead. D. Steel Pipe Hand Rail The pipe hand rails shall be 2 -inch Schedule 40 steel pipe. All joints aluminum fittings. diameter, double hot -dip galvanized shall be Speed Rail or Nu -Rail cast E. Modified Standard Street Barricade • SP3of 3 The modified 25 -foot length street barricade shall be constructed to the dimensions shown on CNB STD -114 -L and as shown on the Plans. The railing shall be constructed of Cor -Ten steel. F. Asphaltic Concrete Asphaltic concrete shall be Type III C1 -85 -100 paving grade asphalt. Rolling shall be as specified by the Field Engineer. G. Drinking Fountain Filter Drain The drain shall be included in the lump sum price bid for the bulkhead, stairs and landing, etc. Class 2 permeable material shall be placed below the existing drinking fountain. It shall extend vertically 6- inches below the cut -off walls as shown on the Plans. H. Existing Improvements Existing improvements such as the planter, the brick walk, and the street signs shall be replaced at the conclusion of the project. The replacement shall be included in the stated bid items. I. Protection of New Improvements The Contractor shall have a worker protect the new concrete improvements against vandalism until they have substantially dried. i PZSOLUTION pp. 7526 - . 1 .,: ,. '.:, �. WF - N%,°x'%a, pursuant to the notice inviting bids fag work in connection with Fernleaf Street end improv'sMORts in China Cove, in accordance with the plans and speoifieatiOns heretofore a3optod, bids see" seoeived on the 7th day of Septewber, 1971, and publicly opened mr -3 dsalaroKli cad W1SRUS# it appears that the lowest reeppbsible bidder therefor in R. W. 14eClelian & SODS# InC., of CO2ta Aieea I WN, T$EREPORE, BE IT RESOLVED by the City Council of the City of Na"ort Beach that the kid of R. W. McClellan & Sons, Inc. for the work in the amount of 3$,17(}.75 be ae- eaptisd, and that the contract for the described worn be ,warded to said biddart BE IT FURTHER PMOLVZO that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and award on behalf of the City of Newport Beach, and that the City Clark be directed to furnish an exseuted coov to the successful bidder. AsWPTEU this 13th day of September, 1971. F+�`s"1ST z City Clerk Mayor v x ri 1 a f­9 mn-t ma m 0 cn?m m °s-ir m v N C 3 3 a -c . iOKIIIIIIIYNYI" IYI�IMII�Yfl91�� nnmm�aa!�, Nn�ouui�euu�n IWllllNnl� IInINNI� oil ieuuuun� IIAIA mn-t ma m 0 cn?m m °s-ir m v N C 3 3 a -c . u x n ri 0 w Z MI M m A mva-�r C 3 a z 11 "Hamm Illllllgllll�lll��ll mnomnnHm����i� �u��umn�m 191 ■III�IIIIIIIIII 111111 11IM11111111111 IIIAI��A�IIIAIIIAAII� I11 ll�l� �IIII�III�I� Z MI M m A mva-�r C 3 a z 1 PR1of2 CITY OF NEWPORT BEACH FERNLEAF STREET END IMPROVEMENTS IN CHINA COVE CONTRACT NO. 1334 PROPOSAL To the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: The undersigned declares that he has carefully examined the locations of the work, has examined the Plans and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 1334 in accordance with the City of Newport Beach Drawing H- 5049 -S, the City's Standard Drawings and Specifications, and these Special Provisions, and that he will take in full payment therefor the following unit prices for each completed item of work, to wit: ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 1. Lump Sum Remove existing concrete rubble wall, including barricades @ Five Hundred Dollars and & No Cents Cents $ 500.00 $ 500.00 Lump Sum 2. Lump Sum Construct P.C.C. gravity bulkhead including stairs and rails, landing, and aggregate drain @ Three Thousand Five Hundred Dollars and No Cents Cents $ 3500.00 $ 3500.00 Lump Sum 3. 325 Construct 4 -inch thick P.C.C. Square Feet sidewalk with cut -off wall @ Dollars and Seventy Five Cents $ .75 $ 243.75 Per Square Foot 4. 41 Construct 6 -inch curb face Linear Feet P.C.C. Type "A" curb and gutter @ Five Dollars and No Cents Cents $ 5.00 $ 205.00 Per Linear Foot ' PR2of2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 56 Construct P.C.C. Type "B" curb Linear Feet @ Five Dollars and No Cents Cents $ ,-no $ 2Rn_nn Per Linear Foot 6. 70 Construct 6 -inch thick P.C.C. Square Feet. gutter @ Dollars and Sixty Cents Cents $ .60 $ 42.00 Per Square Foot 7. 400 Construct 4 -inch thick asphaltic Square Feet concrete pavement Ninety Five Cents Per Square Foot B. Lump Sum Construct modified CNB STD -114 -L barricade utilizing Cor -Ten steel with W- 21 -R -18" x 18" yellow -9 reflector sign Dollars and Cents $ •95 $ 380.00 @Two Hundred & Twenty Dollars and No Cents Cents $ 220,00 $ 220.00 Lump Sum TOTAL PRICE WRITTEN IN WORDS: Five Thousand Three Hundred & Seventy Dollars and Seventy Five: Cents $ 5.370.75 CONTRACTOR'S LICENSE N0. 247553 DATE 9 -7 -71 BIDDER'S ADDRESS 151 Commercial Way TELEPHONE NUMBER 714 -548 -5511 B A er s Name f ut orize Signature) Costa Mesa Calif 92627 r • THE AMERICAN INSURANCE COMPANY BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, R. W. McClellan & Sons, Inc. (hereinafter called the principal), as principal, and THE AMERICAN INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of New Jersey, 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 CONTRACT BID: Dollars I$ (10% contract B&d)ol 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 End Contract No. 1334 Fernleaf Street j, Improvements China Coves: 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 7th day of September ly 71 R. W_ McClellan & Sons, Inc. THE AMERICAN INSURANCE COMPANY Anorney -in -Fact 360277— (TA) —11.66 state of Califoripia ' County o} ss. Orange On 7th Hay September 1971 therein, duly commissioned and sworn, personally appeared �;„ before me, a Notary Public In and for said County and State, residing George L. Doubledee 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. :h - IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the and year stated in thi erti to above. lly commission eynr,R Mev 8, 1974 My Commission Expires -K Not Notary PeSlir 360212$86 State of Caiilornis CONTRACT N0: 1334 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS Fills FERNLEAF STREET END IMPROVEMENTS IN CHINA COVE Approved by the City Council this 23rd day of August 1971. SUBMITTED. BY: R W McClellan & Sons Inc contractor 151 Commercial Way Address Costa Mesa Calif 92627 City Zip 714- 548 -5511 Phone $5,370.75 otal i rice Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 3:00 P.M.: . on the 7th day of September , 1971 at which time they -7TT-6e opened and reador performing worT as follows: FERNLEAF STREET END 'IMPROVEMENTS IN CHINA COVE CONTRACT NO. 1334 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. i The title of the project and the words "SEALED BID "'Ishall.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 area A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience Referdnces These documents shall be affixed with the signature'and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required and the Corporate Seal shall be affixed to all documents requiring signatures. In the'case of a Partnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has lot been licensed in accordance with the provisions of Chapter 9, Division III of the Business tand 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 Hail, Newport Beach, California, at no cost to licensed contractors. 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 (1970 Edition and Supplements) as prepared by the Southern:California Chapters of the American Public Works Association and the Associated Generalltontractors of America. Copies may be obtained from Building News, Inc., 3055 OverlandiAvenue., Los Angeles, California 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. • i Page 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). 0 6 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 works 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 Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying 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. 247553 Classification yj C -12 -. SA, - SC -21, SB -1, - SC -32: Accompanying this proposal is Cash, Certified Chec Cashier s Check or Bond in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this;,contract. 714 -548 -5511 R W McClellan & Sons Inc Phone Number Bidders Name i (SEAL} September 7, 1971 Date A th rile Signat re Authorized Signature A California Corporation Type of Orga m zation (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: • W McClellan, Jr. Pres. Michael W McClellan. Secr. Treas. • W McC1ellan.Sr. Sr. Vice Pres. 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 1, None 2. 3. 4. 5. 6. 7. 8. E7 10. 11. 12, Address A California Corp Type of rgan zat on (Individual, Co- partnership or Corp) 151 Commercial Way, Costa Mesa Calif 92627 Address 6 9 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, and Page 4 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, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 19 Corporate Seal (If Corporation) Principal (Attach acknowledgement of Attorney -in -Fact) By Title Surety i Page 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 7th day of September 19 71, My commission expires: April 3, 1975 R W McClellan.& Sons Inc. Lr' . ♦ . OFFI f.IAL SEAL e :'1't +, >;_ ANNE SHIMMIN i ♦ � +i'>+ =� %Y,' N0�'.•.RY FII ;e L:C — CALIFORNIA PC C1C li'AL OFFICE IN ORANGE COUNTY i COMMission b 4 . ♦ Y pfe5 Apr. 197$ • n ♦•♦eo•♦♦eore♦•coe♦o♦♦e♦♦e♦♦o♦. 090565 Notary Pull -ic Anne Shimmin Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. Based on past experience and jobs completed. I i page 7 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. City Newport Beach City Costa Mesa r University of California Irvine Based on jobs completed and past experience.