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HomeMy WebLinkAboutC-1403 - Installation of traffic signals - TOPICS ProgramRECORDING REQUESTED .) 695 BY AND MA TO 9 City of Newport Beach LFft 3300 W. Newport Blvd. Newport Beach, CA NOTICE OF COMPLETION PUBLIC WORKS 1 & 41 9K 1,9854PC 58 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. AUG 16 1973 J. WYLIE CARLYLE, County Recerder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on December 21, 1972 the Public Works project consisting of Federal Aid Topics Project No. EHS -T- 3041(152' Installation of Traffic Signals and Highway Lighting at Bayside Dr- Jamboree Rd- Marine Ave Intersection- Newport Center Dr- Newport Center Dr East and West Inter- section and Superior Ave - Placentia Ave Intersection (C -1403) on which Steinv and Companv. Inc. was the contractor, and General Insurance Company of America was the surety, was completed. V ERIFICA I, the undersigned, say: CITY OF NEWPORT BEACH C Morks Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 14. 1973 at Newport Beach, California. I, the undersigned, sa.y. I am the City Clerk of the City of Newport Beach; the City Council of said City on August 13 1973 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 August 14, 1973 at Newport Beach, California. \\ a� Y J 0 0 August 27, 1973 Steiny and Company, Inc. 221 North Ardmore Avenue Los Angeles, CA 90004 Subject: Surety General Insurance Company of America Bonds No. 927971 Project TOPICS Traffic Signals (various) Contract No.: 1403 The City Council on August 13, 1973 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 August 16, 1973 in Book 10854, Page 581. Please notify your surety company that bonds may be released 35 days after recording date . Laura Lagios, C. M. C. City Clerk dg cc: Public Works Department i CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Date: August 14, 1973 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of Installation of Traffic Signals- TOPICS Program Contract No. C -1403 on which Steiny and Company, Inc. was the Contractor and General Insurance Company of Americawas the surety. Please record and return to us. Very truly yours, Laura Lagios City Cleric City of Newport Beach LL:dg Encl. Date s._.._ " 3m" TO: Public Works Department FROM: City Clerk SUBJECT: Contract No, iyaj Project 3 Iml&3a0 TOM Maw Attached is signed copy of subject contract for transmittal to the contractor. Contractor: SftiM awd 9mew, !np. Address: :2I *904► Artf= +o Ava", Los k1p3M. G 900 Amount: $ Effective Date: Resolution No. No. T90i LL-dg Att. cc: Finance Department [� Laura Lagios '00 . SECTION D PROPOSAL FOR ROAD IMPROVEMENTS INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT BAYSIDE DRIVE - JAMBOREE ROAD- MARINE AVENUE INTERSECTION NEWPORT CENTER DRIVE - NEWPORT CENTER DRIVE EAST AND WEST INTERSECTION AND THE SUPERIOR AVENUE- PLACENTIA AVENUE INTERSECTION CONTRACT NO. C -1403 FEDERAL AID TOPICS PROJECT NO. EHS -T- 3041(152) CITY OF NEWPORT BEACH CALIFORNIA Project Plans: T- 5060 -S (6 sheets) Completion Time: 180 calendar days Bid to be received on May 16 1972 before ll :00 A.M. LIQUIDATED DAMAGES $100 PER DAY SUBMITTED BY: STEINY AND COMPANY, INC. Contractor 221 North Ardmore Avenue Address 382 - 2331 Phone $141.787.00 TOT L BID PRICE D -1 G L. i PROPOSAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ROAD IMPROVEMENTS INSTALLATION OF TRAFFIC SIGNALS and HIGHWAY LIGHTING AT. BAYSIDE DRIVE - JAMBOREE ROAD- MARINE AVENUE INTERSECTION NEWPORT CENTER DRIVE - NEWPORT CENTER DRIVE EAST AND WEST INTERSECTION AAD THE SUPERIOR AVENUE- PLACENTIA AVENUE INTERSECTION CONTRACT NO. C -1403 FEDERAL AID TOPICS PROJECT NO. T -3041 (152) BIDDING SHEET 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, Special Provisions, and Construction Details and hereby proposes to furnish all materials and do all the work required to complete Contract No. C -1403 in accordance with the Plans and Specifications, and will take in full payment therefor the following Lump Sum prices for the work, complete in place, to wit: NO. AND [MIT UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Construct traffic signals and roadway improvements at intersection of Bayside Drive and Jamboree Road - Marine Avenue (Location 'A ") Forty Nine Thousand Seven @ Hundred Seventy Five Dollars and No Cents Lump Sum 2. Lump Sum Construct traffic signals and roadway improvements at intersection of Newport Center Drive and Newport Center Drive East and West (Location "B ") $ 49,775.00 @ Forty -Four Thousand Two Hundred Dollars . Fifty -Two and No Cents $ 44,252.00 Lump Sum F#B�A UN PROPOSAL • BIDDING SHEET IN 3. Lump Sum Construct traffic signals and roadway improvements at intersection of Superior Avenue and Placentia Avenue (Location "C ") @ Forty -Seven Thousand Seven Dollars Hundred ixty and No Cents Lump Sum TOTAL PRICE WRITTEN IN WORDS: One Hundred Forty -One Thousand Seven Hundred Eighty Savepollars and No Cents CONTRACTOR'S LICENSE NO. 197771 BIDDER'S NAME .� �• DATE 5 -16 -72 AUTHORIZED SIGNATURE /S/ Richard English. Vice President TELEPHONE 382 - 2331 ADDRESS 221 North Ardmore Ave. Los Angeles, Calif. 90004 D -3 V._... PROPOSAL SIGNATURE SHEET AND AFFIDAVIT 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 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. 161273 Classification C -10 Accompanying this proposal is BIDDERS BO D Cash, Certified Check, Cashier's Check or on 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. P one umber l Bi3d s 11— ameMPANY, INC. (SEAL) 5 -16 -72 by: Richard English, Vice - President Date Authorized Signature Authorized Signature A CALIFORNIA CORPORATION Type of Organ 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: J. 0. STEINY, PRESIDENT, TREASURER, MANAGER G. M. GEHAN, SECRETARY, VICE PRESIDENT R_ENrlT4H VICE PRFSTnFNT n A .. FOR f* GINAL, SEE CITY CLERK'S FILE C6 PROPOSAL BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, STEINY 41ND COMPANY, INC. , as Principal, and GENERAL INSURANCE COMPANY OF AMERICAL as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PER CENT (10%) OF AMOUNT OF THE BID IN - - -- Dollars ($ - - - -- ), lawful money of the United t 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 INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT BAYSIDE DRIVE - JAMBOREE ROAD- MARINE AVE. INTERSECTION: NEWPORT CENTER DR.= NEWPORT CENTER DR. E AND W INTERSECTION AND THE (152) 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 (1`0) 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 16th day of May 19.72 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact . NOTARY PUBLIC: STEINY AND COMPANY INC. Principal BY: RICHARD ENGLISH VICE PRESIDENT Commission Expires 12/16/75 GENERAL INSURANCE COMPANY OF AMERICA Surety /s/ By E. J. MC KENNA D -5 PROPOSAL 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, acrd 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 ].—ISLANDS AND VARIOUS SANDOVAL PAVING CERRITOS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. STEINY AND CPANY._INC. 6�3 ed r same BY; /s/ Richard English, Vice President_ _ Authorized signature D -6 A CALIFORNIA CORPORATION Type of Organization (Individual, Co- partnership or Corp.) 221.North Ardmore Avenue Los An eles, California 90004 ress 9 PROPOSAL • 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 whomsoever to pay,,'deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me by this 16th day of May_ , 19 77 My commission expires: February 17. 1975 STEINY AND COMPANY, INC. BY; /s/ RICHARD ENGLISH, VICEPREISIDENT /s/ Mary McClung Notary Public D -7. PROPOSAL CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder X, , Proposed subcontractor , hereby certifies that he has X , has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has X , has not filed with the Joint Reporting Committee, the director of the Office of Federal Contract Compliance, a Federal Government't6ntracting or administering agency, or the former President's Committee on Equal Employment Opportunity, ail reports due under the applicable filing requirements. STEINY AND COMPANY, INC. Company By: /s/ Richard English Vice President it e 5 -16 -72 Date Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.8(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60 -1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the director, Office of Federal Contract Compliance, U. S. Department of Labor. D-8 0 0 SECTION E CONTRACT DOCUMENTS FOR ROAD IMPROVEMENTS INSTALLATION OF TRAFFIC SIG14ALS AND HIGHWAY LIGHTING AT BAYSIDE DRIVE- JAMBOREE ROAD- MARINE AVENUE INTERSECTION NEWPORT CENTER_DRIVE- NEWPORT CENTER DRIVE EAST AND WEST INTERSECTION AND THE SUPERIOR AVENUE - PLACENTIA AVENUE INTERSECTION CONTRACT N0: 1403 FEDERAL AID TOPICS PROJECT NO. EHS -T- 3041(152) in and for the CITY OF NEWPORT BEACH CALIFORNIA ' Items to be executed after award'of contract: Sheet No. E -2 & 3 Contract E -4 & 5 Labor and Materials Bond E -6 & 7 Performance Bond An insurance policy as specified in Section 1 -2.06, Legal Relations and Responsibilities of the Special Provisions shall accompany contract. These contract documents are not to be filed with proposal e E -1 CONTRACT THIS AGREEMENT, made and entered into this day of lg? , by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, aAd STEINY �D COMPANY. 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 DRIVE EAST AND WEST 11116K3FU11U11 MU Inrr QUrr K1UK MYCIWG- rLIAULI111A M [I1ur. 1111[ ,3CL11U11 It. -14U.31) FEDERAL AID TOPICS PROJECT NO. T- 3041(152) 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 funishing 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 to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, 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. E -2 �r 1� 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. b. 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. 7. It is agreed the improvement contemplated in the performance of this contract is a TOPICS improvement over which the State of California shall exercise general supervision; and, the State of California therefore shall have the right to assume full and direct control over this contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the UniteA.5tates so requires. In such cases, the State Contract Act will govern. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. ATTEST: Fc a :P N City C A oved as t orm: City Attorney E -3 CITY OF NEWPORT BEACH,_ CALIFORNIA — `maa;yor By: By: 3TE1NY AND COMPANY, INC. Contractor (SEAL) SECKETARY STATE OF CALIFORNIA, 3 COUNTY OF LOS ANGELES .............. OFFICIAL SEAL Mary McClung NOYARY PUBLIC - CALIFORNM A PRINCIPAL OFFICE IN LOS ANGELES COUNTY i My Commission Expires Feb. 11, 1915 ....... ............................... .0 SS. 1 ON rune 9 , 19_72, before me, the undersigned, a Notary Public in and for said State, personally appeared rT- t,_ 5t-piny , known tometobethe President, and rlAnn M GPhan , known to me to be the _Secretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. PM& 6 Sep., WCOM FOM W- Rev. M w.up:ounr or uanmAn .rArron..r nwnueq cq... EXECUTED IN FOUR CO*RPARTS � BOND #927971 Freni!m- charged for tnue LABOR AND MATERIAL BOND r,",li is i , hied ;❑ chat Shown on the Perfurmsnce B9.1d." KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted May 22, 1972 has awarded to STEINY 8ND COMPANY, INC. hereinafter designated as the "Principal ", a contract for HIGHWAY LIGHTING AT BAYSIDE DRIVE - JAMBOREE ROAD- MARINE AVENUE INTERSECTION; NEWPORT CENTER DRIVE - NEWPORT CENTER DRIVE FAST AND WEST INTERSECTION AND THE SUPERIOR AV NU - PIACENTIA AVENUE INTERSECTION (C -1403) FEDERAL AID TOPICS PROJECT N in the City of Newport Beach and other contract documents in strict conformity with the Drawings and Specifications 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 STEINY AND COMPANY INC. as Principal, hereinafter designated as the Contractor and GENERAL INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Newport Beach, in the sum of SEVENTY THOUSAND EIGHT HUNDRED NINETY THREE AND 50 /100 - -- Dollars 70,893.50 ) said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or his 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. E -4 (Labor and Material Bond - Continued) This bond shall inure to the benefit of any and all persons, companies, and corporations 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 extension of time, alterations to be performed thereunder or affect its obligations on this extension of time, alterations work or to the specifications. received, hereby stipulates and agrees that no change, or additions to the terms of the contract or to the work the specifications accompanying the same shall in any wise bond, and it does hereby waive notice of any such change, or additions to the terms of the contractor or to the 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. t , IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 316t day of. May 19-z2-. STEIff AND COMPANY. INC. (Seal) Seal) Seal) Seal) (Seal) GENERAL( IINSURANC/E CC"ANSF- OF AMERICA BY: J I rr�U �Pi (Seal) Davi N� Sax own — Atto y in Fact p ved a40* ' A City Attorney This bond was approved by the City Council of the City of Newport beach by motion on Da to Attest: City Clerk E -5 II' STATE OF CALIFORNIA, _ COUNTY OF LOS ANGELES i OFFICIAL SEAL � Mary McClung ; � - NOTARY PUBLIC — CALIFORNIA !. v1INCIPAL OFFICE IN LOS ANGELES COUN7y ) My Commission E :Dices Feb. 17, 197 ■ ■■■■ een........ u. ■uu•ouu■uuoo e d Sec., Wokotts Fone 22)—Fev. 354 ss. NN dune- 9 19_79, before me, the undersigned, a Notary Public in and for said State, personally appeared J . 0. St= , known to me to be the President, and Glenn M. GeIaan , known to me to be the — Secretary of the Corporation that executed the within Instrument, kntiwn to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. ar X.R*tc a arwlwwaSt 1waoYCi{ cowl w ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 31St day of May , 1972 . , before me per- sonally appeared David N. Saxton known to me to be the attorney -in -fact of General Insurance Company of America, the corporation that executed the within instrument, and ac- knowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above wA........ ritten. C FPO;RL SEAL = Public in the Sta e f alifo is Count of L Angeles r, Notary Pu.ic- caworma y Los g (Seal) _ Princi ?a! Office in =_ _ y•° Los AnSoles County _ S-760 RL 7/66 my Commission Expires December 16, 1975 Gwnonnwinumm�nnnnmwnwninuunnuunnnnuunninnmm�nnnuninnmT w EXECUTED IN FOUR COU&ARTS • BOND #927971 Premium $532.00 PERFORMANCE BOND Subject to adjustment upon completion of contract on final KNOW ALL MEN BY THESE PRESENTS, That contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 22 f 1g72 has awarded to STEINY AND COMPANY, INC. hereinafter designated as the "Principal ", a contract for HIGHWAY LIGHTING AT BAYSIDE DRIVE - JAMBOREE ROAD- MARINE AVENUE INTERSECTION; NEWPORT CENTER DRIVE-NEWPORT CENTE VE EAST AND WEST INTERSECTION AND THE SUPERIOR AVENUE- PLACENTIA AVENUE INTERSECTION (C -1403) FEDERAL AID TOPICS PROJECT NO. T- 3041(152) in the City of Newport Beach, in strict conformity with the drawings and specifications and other contract documents now on file in the office of the City Clerk of the City of Newport Beach, WHEREAS, said Principal h4s executed or is about to execute said contract and the terms whereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, STEINY AND COMPANY. INC. as Principal, hereinafter designated as the "Contractor ", and as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of ONE HUIO RED FORTY ONE THOUSAND SEVEN HUNDRED FTrHTY SEVEN AND NO /100 - -- Dollars ($ 141.787.00. ), 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, dr assigns, shall in all things stand to and abide by, and well and truly keep and perform the convenants, 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 agent$, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. E -6 I . W 0 (Performance Bond - Continued) And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or 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 td 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 31st day of may , 19 72 N Approved as to form: My Attorney STEINY AND COMPANY, INC. (Seal) 1) kaeal) (Seal) GENERAL INSURANCE COMPANY �OF. AMERICA W. /7Art �. �dtxnlilArn (Seal ) DAvid N. Saxton 'urety Attorney in Fact r. E -7 v STATE OF CALIFORNIA, SS. COUNTY OF LOS ANGELES ON June 9 before me, the undersigned, a Notary Public in and for said State, personally appeared J.0. Stei nv known to me to be the :� \a \ \ " "��" +,••`•OFFICIAL SEAL -President, and Glenn M. Gehan ,known to me Mary McClung C to be the Secretar of NOTARYPUBLIC— CALIFORNIA: Steiny And Company, inc. _ ® PRINCIPAL OFFICE IN the Cor oration that executed the within Instrument, known to me to be the persons who . LOS ANGELES COUNTY ' executed the within Instrument, on behalf of the Corporation herein named, and acknowledged my Commission Expires Feb. 17, 1975 ..... a.... to me that such Corporation executed the within Instrument pursuant to its by -laws r a resolution of its board of directors. WITNESS my hand and official seal. r mrmw..cW�cm�.v�µ, ..c.. D w .' rp.. rv.m u. ..- w ry \DM1D1wLY DI 4y1DCAF \l/a ION \PY PPDDVCi\ CDP\. ... ACKNOWLEDGMENT BY SURETY • STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 31St day of May , 1972 , before me per- sonally appeared David N. Saxton known to me to be the attorney -in -fact of General Insurance Company of America, the corporation that executed the within instrument, and ac- knowledged to me that such corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above ritten. :: r:::: ,r:::::::::r:::,rr:rrrrr:rrr:r CIFFIC ?A!. SEAL R Notary Public in the State of alif is CD \STANCE M. SHIFRIN = County of Los Angeles notaty Public. cavornia 7 Principal Office in t (Seal) _ „•' Los Angeles County saso rst y /r. y commission Expires December 16, 1975 nn: InnllprrYlUpr: pnl0rpr�ppp�prXX1IMM11XY11µrryyurryYUI111Nlrul 0 M TO: CITY CLERK FROM: Public Works Department U June 20, 1972 SUBJECT: HIGHWAY LIGHTING AT BAYSIDE DRIVE - JAMBOREE ROAD- MARINE AVENUE INTERSECTION; NEWPORT CENTER DRIVE EAST AND WEST INTERSECTION; AND THE SUPERIOR AVENUE - PLACENTIA AVENUE INTERSECTION TOPICS PROJECT NO. EHS- T- 3041(152) CONTRACT NO. 1403 Attached are 4 sets of the subject contract documents. Please execute them as soon as possible and return to my attention for distribution. ,i:�WQA� Don Webb V'� Project Engineer WBD /bg Att. CERTIFICATE OF INSURANCE TO: CITY OF NEWPORT BEACH Name and Address of Insured: CITY HALL STEINY AND COMPANY, INC. 3300 W. NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA 221 NORTH ARDMORE AVENUE ATTN: MR. DON WEBB LOS ANGELES, CALIFORNIA 90004 KIND OF POLICY COMPANY AND POLICY LIMITS OF LIABILITY Bodily Injury Property Damage POLICY NO. PERIOD Provided by Workmen's A — Workman's Eff. Compensation Law State of Nil Compensation Exp. 0— Comprehensive Eff. Each person S Each accident S Liability (I) Automobile Exp. Each accident $ Eff. Each person S Each accident S (2) General Exp. Each accident S Aggregate S Aggregate $ MISSION INS, CO. Eff. 10/1/71 Each person S * Each accident S * (3) Genera l• HAC .11299 Exp. 10/1/73 Each accident S. * . Automobile - Aggregate s * Aggregate S * Eff, Exp. Eff. Exp, Eff. Exp, REMARKS: *$1,000,000.00 COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE IT IS AGREED THAT THE CITY OF NEWPORT BEACH IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS WORK PERFORMED FOR THEM BY THE NAMED INSURED. IT IS FURTHER 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 CLERK OF THE CITY OF NEWPORT BEACH, CITY HALL, NEWPORT BEACH, CALIFORNIA, OF A REGISTERED WRITTEN NOTICE OF SUCH CANCELLATION OR REDUCTION IN COVERAGE. LOCATION: Highway Lighting at Bayside Drive - Jamboree Road - Marine Avenue Intersection; Newport Center Drive- Newport Center Drive East and West Intersection and the Superior Avenue - Placentia Avenue Intersection (C -1403) (T- 3041(152) -Job No. 824 - NC�;:IGf iiF E,4NC�tFJ1�+9N r- Vs�e- Nte- iruGRtior�.oi-tpG won+ paay{.iGS�- t�tatir>_the_GUeatcf raarBl latinelof-tlte_pnlicy_or- - 90i1C484tER{ ).daj•G•WM1ItjeR AegI GG•-0 �iYGhpGGGilat l-0 n- NtLl�lle. giV .B[HLa�OLL.aLthe.addr°�s'ated above. (See reverse side for additional provisions) This is to c@rtify over e,under the above, licies. KINDLER LAUCCI & DAY This certificate 0 insurance neli�ler affirmatively or negatively amends, extends or alters the 1545 WILSHIRE BLVD., LOS ANGELES, CALIF. 90017 coverage afforded by the policy /ies indicated 1(Ir)c)_en, uucct a oAY in this certificate. Dated My fly 197211ja By E:Y n /� INDUSTRIAL INDENOITY .COMPANY IA STOCK COMPANY) HOME OFFICE SAN FRANCISCO NED INSURED S TE I1Y E' ND COMPANY, I c . 221 TORT >; ARDIK)FRE AYENLIL: LCS AhSv � L£S, ".% 90004 CERTIFICATE OF INSURANCE CITY OF NEWPORT BEACH. CERTIFICATE CITY HALL CERTIFICATE ISSUED TO ISSUED BY .INDUSTRIAL INDEMNITY COMPANY 3300 W. NEWPORT BLVD, r C, BMX 7 in0 NEWPORT BEACH, CALIFORNIA ATTN: MR. DON WEBB INDUSTRIAL INDEMNITY COMrANY has issued coverage effective as of the dotes and for the periods and limits specified below and subject to all terms, conditions, provisions, exclusions and limitations of the described Binders or Policies whether shown by endorsement or otherwise. Any requirements or provisions in any contract or agreement between the Insured and any other person, firm or corporation will not be construed as enlarging, altering or amending the definition of insured or any other terms or conditions of this certificate or the policy designated. KIND OF INSURANCE POLICY NUMBER I POLICY PERIOD I LIMITS OF LIABILITY COMPENSATION EFF ' T _ 7 r, I eJ O�C-- =509 A STATUTORY CALIFORNIA COMPENSATION -- _ WORKMEN'S COMPENSATION EXP T — ". —7 J EMPLOYER'S LIABILITY—, $2,000,000 PER OCCURRENCE COMPENSATION EFF STATUTORY COMPENSATION STATE(Sj OF WORKMEN'S COMPENSATION EXP EMPLOYER'S LIABILITY - - -S PER OCCURRENCE LIABILITY EACH PERSON EACH OCCURRENCE BODILY INJURY LIABILITY - -- AUTOMOBILE EACH PERSON EACH OCCURRENCE BODILY INJURY LIABILITY - - -- - EXCEPT AUTOMOBILE EFF p $ $ EACH OCCURRENCE PROPERTY DAMAGE LIABILITY Y AUTOMOBILE EXP $ EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE LIABILITY - -- EXCEPT AUTOMOBILE $ E AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE EFF S FIRE. LIGHTNING IN TRANSPORTATION S THEFT (BROAD FORM) EXP, f COLLISION OR UPSET ACTUAL CASH VALUE LESS DEDUCTIBLE INLAND MARINE EFF EXP EFF EXP Effective any toss under Automobile Physical Damage Coverage is payable us interests may appear to the Named Insured and the Lienholder named below, UENHOLDER YEAR I TRADE NAME I BODY TYPE AND MODEL I SERIAL NUMBER DESCRIPTION AND LOCATION OF OPERATIONS — (This certificate of insurance neither affirmatively or negatively amends, extends or allera the coverage afforded by the policy described herein.) Highway Lighting at Bayside Drive - Jamboree Road - Marine Avenue Intersection; Newport Center Drive- Newport Center Drive East and West Intersection and the Superior Avenue - Placentia Avenue Intersection (C -1403) (T- 3041(152) - Job No. 8246 This policy shall not be canceled nor reduced in coverage until after 10 days written notice of such can - celation or reduction in coverage shall have been mailed to this certificate holder. Certified this 31st day of May tq 72. INIMIWJJAh+4PbbR'9ITY coMrANY Producer AINDLER, LAUCCI S DAY ey a' 4 t %aJI R8 IS h5f11' , ., BY----- �91M�rii �iLTl lj�1 - . 666...III Avr I 0 ARTHUR ANDERSEN & CO. Los ANGELES, CALIFORNIA To the Board of Directors, Steiny and Company, Inc.: We have examined the balance sheet of STEINY AND COMPANY, INC. (a California corporation) as of June 30, 1970, and the related statement of income and retained earnings for the year then ended. Our examination was made in accordance with generally accepted auditing standards, and accordingly included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In our opinion, subject to the effect of adjustments, if any, which may result upon ultimate settlement of the claims described in Note 3, the accompanying balance sheet and statement of income and retained earnings present fairly the financial position of Steiny and Company, Inc. as of June 30, 1970, and. the results of its operations for the year then ended, in conformity with generally accepted accounting 1 principles applied on a basis consistent with that of the preceding year. Los Angeles, California, October S. 1970. ARTHUR ANDERSEN & CO. n6 -ia O O M -t 10 1 M O 1 f O O O f f II O O O N M I \D In 1 ri O O L� 1 W 11 O A P t0 N 1 -t W 1 m If\ O N I p 11 y w l w l w l •. 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M a Fr IC v +' P. r1 A A a) a p q H W rg 54 ro Wd a m.Naomm p cc a•r+ 0 o > q m 04> v a 6 •r+w m +1 Uw •rl o F, a m O Of w +> d +� a 0 U O z N a G T ro m i O V) m 0 m v 0 v H F v 9 O O +� A +� cd r� f U q 0 w Fl 00 F U a) m x O z a N H+ (0 •rl w.H r-1 W v E 4 •r♦ > v ro U O +� V) m 43 N ro a Q ;I •rl Fl ri U 'z a 4 +� 9 N rl v 0 •rl ro H or+' 0 O .¢ N V3 V •'� v O ,q F •rl E � -P FI H r♦ a -H •rl a 1 z ,� zA O a)w m•r+ q•r+a w o w m U F 0roA 010 m 0+ $4 m m z o ao¢ %p a V) -c9 �Aa a Cd o U W U a v A m m U G a H a A m w O F. a a r+ a F, m a a N Fr m V) v +. 0 F tlll a .r, a a P, 0 U U a a E. F i • STEINY AND COMPANY, INC. STATEMENT OF INCOME AND RETAINED EARNINGS FOR THE YEAR ENDED JUNE 30, 1970 CONTRACT REVENUES CONTRACT COSTS: Materials Labor Purchased services and other costs Gross profit, determined on a percentage of completion basis (Note 1) SELLING, GENERAL AND ADMINISTRATIVE EXPENSES Income from operations (after deducting depreciation and amortization of $132,141) PROVISION FOR FEDERAL INCOME TAXES, none of which are payable currently (Note 1) Net income ($14.44 per share of capital stock) . $6,288,034 3,209,863 2,249,732 $12,605,163 11,747,629 857,534 838,682 18,852 4,500 14,352 RETAINED EARNINGS, JUNE 301 1969 633,181 RETAINED EARNINGS, JUNE 301 1970 $ 647,533 The accompanying notes are an integral part of this statement. U 0 0 STEINY AND COMPANY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 1970 (1) The Company accounts for income on contracts in its financial statements on the percentage of completion basis. For income tax purposes, income is reported on the completed contract basis. Income taxes applicable to the earnings on uncompleted contracts have been provided in the financial statements. As of June 30, 1970, the Company has refundable Federal income taxes of $95,000 resulting from the carryback of the loss on contracts completed.during the year ended June 30, 1970. Deferred Federal income taxes relate to differences in the methods used for book and tax purposes in providing for depreciation. The Company provides depreciation.on the straight -line basis for book purposes, and on the declining - balance method for tax purposes. (2) The Company has a pension plan for eligible salaried and clerical employees. The Company's policy is to fund the pension costs accrued and charge such costs to income. The cost of the plan for the year ended June 30, 1970, was $16,300. There are no past service liabilities under the plan, and vested benefits do not exceed the fund balance as of June 30, 1970. (3) The Company is presently engaged in processing contractual entitlements under a contract, of which a portion ($208,000) is reflected in the financial statements as of June 30, 1970. In the opinion of management, these represent minimum amounts recoverable and additional amounts (which have been claimed) will also be recovered. However, the total amount recoverable under this contract is not presently determinable. (4) The Company has lease commitments on buildings and vehicles aggregating $170,600 over the next five years, of which $51,700 is due prior to July, 1971. �2 « :. pure iaritiaq htft for t eAl is Connection With !'ederai Aid �iCS Projesrt NO. ON T- 304ttlO # installation of traffic signals sad highway "gbtlav at 0riverdhuoboree soodelsorims Aveamo iaten;sectiaat Sswpeq %- 4*nter i Drive- tftwport Cep aarive omet and wssrt intoweeotle4j and the superior Awes* -Pare atia kveove intersection, im ,ac*6r&uwo with "a Plww° mad ppeoifiestione beretofore ice, biiio V to `-res sivea ma the 1L60 day of bay, 1991, and pubuAly aroma sad _. 4saleredt and VMFAMV it o tbat tba ]Lw~t ror►pmayiblo bidder tbereloa is itolw # Co., Int. of Los Ansomeal I". l7B uraw) ss -'xv *WQLVW by the Clw towaail _ i w tho City of ]Nwpoot Beemb that On, bid of 8tstay i tdt.. Saq, por the rork is tbo , amt of #Ml 0767 be ageoptode 04 that tbi vantraot ter the described wo rk be std to said bidsas'l sn tir rMM mowso that the Juror asks City Cl** are hereby author"". and directed to a coatx"t is ae- corden¢e rr#th the opooifiaattotte, bid MA tM* award on, mil! of the City o! , swyast washo anti that taw "Iw cuwk be diroot+oa to furalsh an oweasted OWAD the ovedeas biditc* . . AQOf1!'BD thin 22*4 day of HU • 1972 • a •;4 PROPOSAL It CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ROAD IMPROVEMENTS INSTALLATION OF TRAFFIC SIGNALS and HIGHWAY LIGHTING AT- BAYSIDE DRIVE- JAMBOREE ROAD- MARINE AVENUE INTERSECTION NEWPORT CENTER DRIVE - NEWPORT CENTER DRIVE EAST AND WEST INTERSECTION AND THE SUPERIOR AVENUE - PLACENTIA AVENUE INTERSECTION CONTRACT NO. C -1403 FEDERAL AID TOPICS PROJECT NO. T -3041 (152).. BIDDING SHEET 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, Special Provisions, and Construction Details and hereby proposes to furnish all materials and do all the work required to complete Contract No. C -1403 in accordance with the Plans and Specifications, and will take in full payment therefor the following Lump Sum prices for the work, complete in place, to wit: D UNIT UNIT PRICE WRITTEN IN WORDS CE 1. Lump Sum Construct traffic signals and roadway improvements at intersection of Bayside Drive and Jamboree Road - Marine Avenue (Location 'A ") h�"Dwa A"rs' @�tiii� ids Dollars and N� Cents $ 4(4 lL'� Lump Sum 2. Lump Sum Construct traffic signals and roadway improvements at intersection of Newport Center Drive and Newport Center Drive East and West (Location "B ") -A� f�vxiVleed @ f ' —TLVCr Dollars and �l/G Cents Lump Sum D-2 $ 4 f Z' so I " . ..b • PROPOSAL • BIDDING SHEET ITEM QUANTITY NO. AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS TOTAL PRICE 3. Lump Sum Construct traffic signals and roadway improvements at intersection of Superior Avenue and Placentia Avenue (Location "CII) �ti, y_Jy1 T,G/UUf�ivD S /�9JZ� Sir/�Dollars and Cents p.a $�7G 0 Lump Sum TOTAL PRICE WRITTEN IN WORDS: 6n16r 1jk1A -Ae60 r-AXf � o/%& 17kj&6 47149 Dol l ars and 6 Cents cra CONTRACTOR'S LICENSE NO. /6 /zip DATE i / / - TELEPHONE 3f,2- -Z -331 D -3 STEINY AND COMPANY, INC. BIDDER'S NAME AUTHORIZED SIGNATURE ADDRESS .g -rE1NY ANn COMPANY, INC. ELECTRICAL CONTRACTORS ELECTRICAL ENGINEERS 221 NORTH ARDMORE AVENUE LOS ANGELES, CALIF. 90004 ;. • PROPOSAL SIGNATURE SHEET AND AFFIDAVIT 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 estimate6'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 prope'r'ty 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. .4 1113 Classification Accompanying this proposal is , Lertltled GnecK, Gdsnler's GneCK or in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability 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. Phone umber' y Date t.. STEINY AND COMPANY, INC. Bidder's Name Authorized Signature Type of Organization (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: STEINY AND COMPANY, -NC- ' J. O. STEIN , P 6, M. GEHAN, SEVY V. P. • .gym Cho.g,.d for Phis - F., �s ins:udad r, fhaf shown PROPOSAL on iiia Annual Bid Bond:` BIDDER'S BOND TO ACCOMPANY PROPOSAL Bond #623057 KNOW ALL MEN BY THESE PRESENTS, That we, STEINY AND COMPANY, INC. , as Principal, and GENERAL INSURANCE COMPANY•OF AMERICA as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PER CENT (10%) OF AMOUNT OF THE BID IN - -- Dollars ($ -- - - - - -- ), lawful money of the United r 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, • Installation o�lrPafottcs of the above bounden principal for the construction of signals and highway lighting a Bayside Drive - Jamboree Road - Marine Avenue intersection; Newport Center Drive - Newport Center Drive East and West intersection in the City of Newport Beach, is accepted by the City Council of `s 'M'Mi *, aWIrtfly 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 (1`0) 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 16th day of May , 19. 72 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) . By Title STEINY AND COMPANY, INC. Principal . BY: GENERAL INSURANCE COMPANY OF AMERICA Surety X�e E. J. McKenna Y C D -5 ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA L ss. COUNTY OF LOS ANGELES On this 16th day of May 1972 , before me per- sonally appeared E. J. McKenna known to me to be the attorney -in -fact of General Insurance Company of America, the corporation that executed the within instrument, and ac- knowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. j nmuwwnnnrrwwnnwrminwwrwwmmnnn unnrw...... n OFFICIAL SEAL 1 _ CONSTANCE M. SNIFRIN Notary Puhlic in the State f -Cal' notary public - canromle County of Los Angeles Principal Ofiicc in (Seal) Los Angeles County My Commission Expires December 16, 1975 i 5-760 R 1 7/66 i nnwxwmwa�rxwwnwruwnnwrxnxrrmrnrnnwuwwrbwwwuwa 0 PROPOSAL 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, acrd 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 e vS 2. 3. <.r,7�s 6. 7. 9. 10. 11. 12. D -6 STEINY AND COMPANY, INC. Bidder's Name Autthor1 z i a' Lure C'sxLiG� ifs /'O.Y/1i�261/��✓ Type of rganization (Individual, Co- partnership or Corp.) STEINY AND COMPANY It,'Q -- ELECTRICAL CONTRACTORS ELECTRICAL ENGINEERS 221 NORTH ARDMORE AVENUE ress • PROPOSAL NON- COLLUSION AFFIDAVIT 0 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 whomsoever to pay,,:deliver to, or share with any other person in any or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me by this day of , My commission expires: OFF�CIA4SERl "' � ' M'ary Mccluag NOTARY PUR LIC - CA LIFO FNIA PRINCIPAL OFFICE IN. LOS ANGELES COUNTY, es Feb. 17. 1975 ' Mp Comc+4ssibn. .. .uu....�u��uu, COMPANY. STE-.I—NY AND / 1 / eJ D -7. Ll PROPOSAL I] CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder ✓ Proposed subcontractor hereby certifies that / he has ✓ has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint Reporting Committee, the director of the Office of Federal Contract Compliance, a Federal Government'tCntracting or administering agency, or the former President's Committee on Equal Employment Opportunity,,all reports due under the applicable filing requirements: ' ST91NY AND COMPANY, INC. Company ,,►� // TiRTe � /lilP,r'i Date Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.8(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt:) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60 -1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the director, Office of Federal Contract Compliance, U. S. Department of Labor. D-8 . s 2� • 0 SECTION E CONTRACT DOCUMENTS FOR ROAD IMPROVEMENTS INSTALLATION OF TRAFFIC SIGNALS AND HIGHWAY LIGHTING AT BAYSIDE DRIVE- JAMBOREE ROAD- MARINE AVENUE INTERSECTION NEWPORT CENTER,DRIVE- NEWPORT CENTER DRIVE EAST AND WEST INTERSECTION AND THE SUPERIOR AVENUE- PLACENTIA AVENUE INTERSECTION CONTRACT NO. 1403 '. FEDERAL AID TOPICS PROJECT NO. EHS -T- 3041(152) in and for the CITY OF NEWPORT BEACH CALIFORNIA ' Items to be executed after award Iof contract: Sheet No. E -2 & 3 Contract E -4 & 5 Labor and Materials Bond E -6 & 7 Performance Bond An insurance policy as specified in Section 1 -2.06, Legal Relations and Responsibilities of the Special Provisions shall accompany contract. These contract documents are not to be filed with proposal E -1 CONTRACT THIS AGREEMENT, made and entered into this day of , 19_, by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the,first part, avid hereinafter designated as the Contractor, party of the second part. WITNESSET14: 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 funishing 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 to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding . sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, 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. E -2 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 Uorks, 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. 7. It is agreed the improvement contemplated in the performance of this contract is a TOPICS improvement over which the State of California shall exercise general supervision; and, the State of California therefore shall have the right to assume full and direct control over this contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the UniteA.States so requires. In such cases, the State Contract Act will govern. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. ATTEST: CITY'OF NEWPORT BEACH, CALIFORNIA By: Mayor City Clerk By: By: Approved as to form: City Attorney E -3 Contractor (SEAL) Title Title LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That 4 WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted has awarded to hereinafter designated as the "Principal ", a contract for in the City of Newport Beach, in strict conformity with the Drawings and 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 - - -- -- - - — -- — — as Principal, hereinafter designated as the Contractor and as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Dollars ($: said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or his 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. E -4 1 � (Labor and Material Bond - Continued) This bond shall inure to the benefit of any and all persons, companies, and corporations 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 extension of time, alterations to be performed thereunder or affect its obligations on this extension of time, alterations work or to the specifications. received, hereby.-stipulates and agrees that no change, or additions to the terms of the contract or to the work the specifications accompanying the same shall in any wise bond, and it does hereby waive notice of any such change, or additions to the terms of the contractor or to the 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 day of. 19_ (Seal) (Seal) (Seal) Contractor (Seal) (Seal) F (Seal) Approved as to. form: City Attorney This bond was approved by the City Council of the City of Newport beach by motion on Attest: r; Da to City Clerk E -5 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to " hereinafter designated as the "Principal ", a contract for in the City of Newport Beach, in strict conformity with the drawings and 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, as Principal, hereinafter designated as the "Contractor ", and as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ($ ), said sum being equal to 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 convenants, 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 agent$; as therein stipulated, then this obligation shall bdcome.null and void; otherwise it shall remain in full force and virtue. E -6 (Performance Bond - Continued) And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or 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 instrument has been duly executed by the Principal and Surety above named, on the day of 19� M Approved as to form: City Attorney (Seal) (Seal) (Seal) Contractor (Seal) (Seal) (Seal) ;. urety E -7 . . 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