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C-1499 - Balboa Island Grand Canal dredging
August 29, 1974 Shellmaker, Inc. 1200 . Shellmaker Road Nawport Beach, CA 92660 Subject: Surety Pacific Indemnity Company Benda No. 8062 -06 -26 Project: Grand Compel Maintenance Dredging, Balboa Island Contract r -1499 the City Council on August 12, 1974 accepted the work of subject project and authorized the City Cleat to file a Notice of Completion and to release the bonds 35 days after Notice of Completicn has been filed. 'totice of Completion was filed with the Orange County Recorder on August 14, 1974, in Book 11220, page 1286. Please notify your surety oammpany that bonds may be rd%ased 3S days after reocrding date. :aura Iagios, City Clerk Bet: , Deputy cc: Public Works Department RECORDINb REQUESTED BY PLEA" TOi LAC . - -.7Y CLERK "ARD 13173 EXEMPT C.D_.., NOTICE OF COMPLETION PUBLIC WORKS M BK 1 1220PG 1266 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. rAI.IFO ^NIA 5 Psi .11 A.M. AUG 14 1974 J. WYLIE CARLYLE, County Recorder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on the Public Works project consisting of Maintenance on which Shellmaker, Inc. was the contractor, and Pacific Indemnity Company was the surety, was completed. I, the undersigned, say: 1. 1974 of the Grand 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 August 13, 1974 at Newport Beach, California. VERIFICATION OF/ CITY I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on August 12, 1974 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 13, 1974 at Newport Beach, California. !' - V 0 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd Area Code 714 673 -2110 �i •i v 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 Maint 1973 -74 Contract No. iuQa on which Shellmaker, Inc. was the Contractor and Pacific Indennity Cotlpany was the surety. Please record and return to us. Very truly yours, Laura Lagios City Clerk City of Newport Beach LL: Encl. a Date April 18, 1974 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1499 Project Niaiang Grand Canal (1973 -74) Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Shellmskert ?nC. Address: 1200 Shellmeker Road, Nawpor[ Beach, 'A Amount: $ 14,500.00 Effective Date: April S. 1974 Resolution No. 8229 Laura Lagios LL:dg Att. cc: Finance Department Q 0 TO: CITY CLERK FROM: Public Works Department April 16, 1974 SUBJECT: DREDGING THE GRAND CANAL 1973 -74 (CONTRACT NO. 1499) Attached are four copies of the subject contract documents. Please have executed on behalf of the City, retain your copy and the insur- ance certificate, and return the remaining copies to our department. Kenneth L. Perry Project Engineer hh Att. CITY OF NEWPORT BEACH 0 CERTIFICATE OF INSURANCE FOR CONTRACT WORK FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. 1499 Project Description: Dredging the Grand Canal M This is to certify that the Home In demnit C m 40 ame o nsurance Company y has issued to Shellmaker. Inc. ame o Insure r 1200 Shellmaker Road Newport Beach Cfor ress of Inalisure ,^ d the policy of liability insurance certified herein. /\ " \ CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, Ca. 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. Coverage JPolicy No. COMPREHENSIVE LIAB. GA 4 From Q3mb2X01k)5XX%'kX 70 08 63 L-WAI Bodily Injury To: or Property Damage Lacn uccurance (Minimum: $500,000) 3/1/74 BODILY INJURY $ Snn,Onp 3/1/75 Each occurence $500,000. Aggregate (Minimum: 500,000 Protective ,000,000 Products 500,000 Contractual) Protective Products Contractual PROPERTY DAMAGE $250,000. This policy includes at least the following coverages: $250,000. Aggregate a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: 6 +m. H. Ray & Co. Address of Agency or Broker: 235 Moptqpaaery St. 1610 Sari Frqnri Countersigned by: (Authorized Insuran o`foany Representative Effective date of this endorsement: 4/81 , 191g, Endorsement No. • CERTIFICATE OF INSURANCE ISSUED BY THE HOME INSURANCE COMPANY This is to Certify, that policies in the name of NAMED F_ Shellmaker, Inc. INSURED 250 Sears Point Road nd ADDRESS Petaluma, Ca. 94952 L are in force at the date hereof, as follows: J THE HOME INDEMNITY COMPANY THIS CERTIFICATE OF INSURANCE NETHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. * Includes U.S. Longshoreman's and Harbor Worker's Act Coverage I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workmen's Compensation or to undertake self— insurance before In the event of cancellation of said policies or a reduction in the limits of liability, the 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 or liability upon the company. commencing any of the work. CERTIFICATE ISSUED TO: 04/09/74 (— DATED m. AftT.IA A�aZED FLE •NTATIVE City of Newport Beach 1lYY Tay Y NAME c/o City Clerk AND 3300 Newport Blvd. ADDRESS Newport Beach, Ca. 92660 L J H 7311 a 69 POLICY LIMITS OF LIABILITY KIND OF INSURANCE POLICY NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S *PWC 4 12 35 87 Eff. 6/1/73 Provided by Workmen's Compensation Low —State of NIL COMPENSATION Exp.6 /1/74 California COMPREHENSIVE Eff. $ , 000 Each person $ , 000 Each occurrence GENERAL LIABILITY Exp. $ , 000 Each occurrence $ , 000 Aggregate $ , ODO Aggregate 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 & TENANTS' LIABILITY Exp. $ ,000 Each occurrence $ ,000 Aggregate CONTRACTUAL Eff. $ , 000 Each person $ , DOD Each occurrence LIABILITY Exp. $ ,000 Each occurrence $ ,000 Aggregate AUTOMOBILE LIABILITY ED Owned Automobiles Eff. $ , 000 Each person $ , 000 Each accident C] Hired Automobiles Exp. $ , 000 Each occident ❑ Non -Owned Automobiles COMPREHENSIVE AUTO- Eff. IS ,000 Each person $ ,000 Each occurrence MOBILE LIABILITY Exp. $ ,000 Each occurrence OTHER: Eff. Exp. * Includes U.S. Longshoreman's and Harbor Worker's Act Coverage I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workmen's Compensation or to undertake self— insurance before In the event of cancellation of said policies or a reduction in the limits of liability, the 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 or liability upon the company. commencing any of the work. CERTIFICATE ISSUED TO: 04/09/74 (— DATED m. AftT.IA A�aZED FLE •NTATIVE City of Newport Beach 1lYY Tay Y NAME c/o City Clerk AND 3300 Newport Blvd. ADDRESS Newport Beach, Ca. 92660 L J H 7311 a 69 0 MARINE DEPARTMENT 0 SQi.6x COMPLY INSURANCE THE HOME INDEMNITY COMPANY I QD (hereinafter called the company) This is to Certify, that this Company issued to F- Name and Address L Policy No.: Inception: Date of Expiration: Type of Policy: Covering On: Issued at the request of: F Shellmaker, Inc. 250 Sears Point Road Petaluma, Ca. 94952 MH 51 06 95 6/1/73 6/1/74 Marine Protection and Indemnity Including U.S. Longshoreman's and Harbor Worker's and Jones Act Coverages $250,000.00 Each Vessel City of Newport Beach Name c/o City Clerk and 3300 Newport Blvd, Address Newport Beach, Ca. 92660 L SAID POLICY IS SUBJECT TO ENDORSEMENT, ALTERATION, TRANSFER, ASSIGNMENT OR CANCELLATION WITHOUT NOTICE TO THE HOLDER OF THIS MEMORANDUM. THIS MEMORANDUM CONFERS NO RIGHTS TO THE HOLDER, IT BEING MERELY EVIDENCE OF THE ISSUANCE OF SAID POLICY AND IS GIVEN ONLY AS A MATTER OF INFORMATION. Date: M2451 F REV. -66 PRINTED IN U.S.A. THE HOME INDEM�T: COMPANY 04/08/74.. .. _... _........ (Auth ed Signature) Wm. H. Ray & 4�0. Blan C "B C1 i V'c i BEACH 16 CERTIFICATE OF INSURA' +CE FOR CONTRACT WORK FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. 1499 Project Description: Dredging the Grand Canal 1973 -74 This is to certify that the First International underwriters of the Horace Mann Ins. Co. (Name of nsurance Company has issued to Shellmaker, Inc. (Name of nsure 1200 Shellmaker Road, Newport Beach, California (Address of Insure the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, Ca. 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. This policy includes at least the following coverages: a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: m Win. H. Ray & Co. (William M. Crouse,Inc.) Address of Agency or Broker: 235 Montgomery St., San Francisco, Calif Countersigned by: (Authorized Insurance ` Company Representative Effective date of this endorsement: April lo, 1974 . Endorsement No. il) 1 polity erm Limits of iability Coverage ,et Excess Liability unbershoot ") Policy No. OM 60 00 45 10/29/73 to 10/29/74 ac ccurance (Minimum: $500,000) S1.000.000- ggregate (Minimum: $ 500,000 Protective $1,000,000 Products 500,000 Contractor S1,000-000, COMPREHENSIVE LIAB. Combined Single Limit Bodily Injury or Property Damage From: To; $ Protectiv( Products Contractui Each occurence This policy includes at least the following coverages: a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: m Win. H. Ray & Co. (William M. Crouse,Inc.) Address of Agency or Broker: 235 Montgomery St., San Francisco, Calif Countersigned by: (Authorized Insurance ` Company Representative Effective date of this endorsement: April lo, 1974 . Endorsement No. il) 1 r CITY CLERK CONTRACT NO. 1499 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR DREDGING THE GRAND CANAL 1973 -74 Approved by the City Council this Ij TH day of j5EB1?uAR�r 1974. La6fa Lagios, City Clerk SUBMITTED BY: SHELLMAKER, INC. Contractor 1200 Shellmaker Road, P. 0. Box 2025 Address Newport Beach, CA 92663 City Zip Code 644 -0550 Phone $14,500.00 Total Bid Price 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 10:00 A.M. on the 28 day of February , 1974 , at which time they will be opened and read, for performing work as follows: Dredging the Grand Canal 1973 -74 CONTRACT NO. 1499 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 she 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 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 an to he Cor orate Seal shall be affixed to all documents requiring signatures. In the case of a artnership, 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. One set of 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. (cont.) Page la The City has adopted the Standard S ecifications for Public Works Construction (1973 Edition) as prepare y the out ern Ca i ornia Chapters of the AmericaF Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, 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 $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). 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 Resolu- tion No. 8090 adopted September 10, 1973. 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). The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -10 -73 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail.. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for -any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including 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. 91675 Classification A Accompanying this proposal is , , casnier'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 3100 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. 644 4550 . SHELLMAKER, INC. hone Number Bidder s Name (SEAL) February 28 1974 S/ Wm. P. Boland Jr., President Date Authorized Signature S/ Dolores Lara, Secretary -Treas. 1CuthorIzed ' signature Corporation 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: Wm. P. Boland, Jr. Thomas M. Boland Dolores Lara President Vice- President Secretary - Treasurer 0 . Page 3 DESIGNATION OF SUB - CONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the sub - contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub - contractors except upon the prior approval of the Engineer. Item of Work 1. NONE 2.. 3. 4. 5. 6.' 7. 8. 9. 10. 11. 12.. Sub - contractor Address SHELLMAKER, INC. Bidder's Name S/ Wm. P. Boland, Jr., President Authorized ignature S/ Dolores Lara, Secretary - Treas. Corporation Type ot organization (Individual, Co- partnership or Corp) 1200.Shellmaker Rd., P. 0. Box 2025 { s. FOR ORIGOL SEE CITY CLERK'S FILE COPY Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, SHELLMAKER, INC., as Principal, and Pacific Indemnity Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent (10 %) of total anount of attachelpbllars ($ - ------ -- - - - -), lawful money of the United bid 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 Dredging the Grand Canal - Contract 1499. 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 28 day of February , 19 74 . Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) Feb. 28, 1974 Dorothy McRae, Notar Public commission expires April , SHELLMAKER, INC. Principal Pacific Indemnity Company Surety By E. Modaff Attorney -in -fact k � L� NON- COLLUSION AFFIDAVIT _a Page 5 . 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 28 day of February , 19 74 . MY commission exp0res: 1/21/78 S/ Wm. P. Boland, Jr., President S/ Dolores Lara Notary Public FOR IGINAL SEE CITY CLERK'S FILE.COPY Page '6 STATEMENT OF FINANCIAL RESPONSIBILITY the-undersigned submits herewith a statement of his financial responsibility. Incorporated for 35 years 5/3/74 Bank Reference:. Wells Fargo Bank Pajaro Valley Branch Watsonville, CA 95076 Mr. M. Foote Vice- President .. r 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 Harbor Master Cruz 1973 City of Newport Beady General Services 673 -2110 1973 Gillis & Derby Dean Taylor 673 -1630 1973 Harbor Investment Co. Buck Fisher 673 -4400 1973 Trautwein Bros. Sam Kniss 673 -1960 1973 Irvine Company Chuck Saffell 675 -8011 1973 Harbor Investment Co. Buck Fisher 673 -4400 1972 Orange County Harbor Dept. Ken Sampson 834 -3808' S/ Wm. P. Boland, Jr., Pres. Signed S/ Dolores Lara; Secretary -Treas. BOND N0. 8062 -06 -M PREMIUM: CHARGED MM.ER Page.8 PERFORMANCE BOND 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 March 25, 1974 has awarded to SHELLMAKER, INC: hereinafter designated as the "Principal ", a contract for ;Dredging the Grand Canal 1973 -74 (Contract No. 1499) 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 SHELLMAKER, INC. PETALUMA, CALIFORNIA as Principal, hereinafter designated as the Contractor and PACIFIC INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of SEVEN THOUSAND, TWO HUNDRED FIFTY AND NO /I00 - -- Dollars ($'7,250.00 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. (Labor and Material Bond - Continued) • Page 9 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 5th day of April , 19 74 (Seal) SNELLMAKER INC (Seal) (Seal) ontractor WK P. sOLRRD, I& PRESMW PACIFIC INDEMNITY COMPANY (Seal) F. W. TROTTER, ATTORNEY -IN -FACT (Seal) Approved as to form: _ (EXECUTED IN QUADRUPLICATE) City Attorney This bond was approved by the City Council of the City of Newport Beach by motion on Attest: Date City Clerk > Ln -rs \\ \� \:k � �� \ \) \/} ( \7 {} ƒ �� / \ \ \\ �^ ( \ �� } \ >!a \ / > Ln -rs \\ \� \:k � • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Page 10 BOND N0.8062 -06 -26 PREMIUM: $54.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 25, 1974 has awarded to SHELLMAKER, INC. hereinafter designated as the "Principal ", a contract for Dredging the Grand Canal 1973 -74 (Contract No. 1499). in the City of Newport Beach, in strict conformity with the drawings and specifications and other contract documents now on file in the office of the City Clerk of the City of Newport Beach. WHEREAS, said Principal has executed or is about to execute said contract and the terms whereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, SHELLMAKER, INC. as Principal, hereinafter designated as the "Contractor ", and PACIFIC INDEMNITY COMPANY As Surety, are held.and firmly bound unto the City of Newport Beach, in the sum of FOURTEEN THOUSAND, FIVE HUNDRED AND NO /100 - - - - -- Dollars ($ 14,500.00 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, 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. Lv- Page 11 (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 5th day of April , 19 74, - (Seal). A SHELIMAKIR INC -- (Seal ) (Seal) Contractor WN. P. RDLAND, ME PRESIDENT PACIFIC INDEMNITY COMPANY (Seal) F. W. TROTTER, ATTORNEY- IN-FACT (Seal) Surety (EXECUTED IN QUADRUPLICATE) Approved as to form: City A Attorney \ ( ( «� d� �yJ) ) \Q \. / > 0 `<b \� {: ( � V Z, Z / ion © } §7 \z z1 ) zJeH ;, �\ `=Gl: ! • Page 12 CONTRACT THIS AGREEMENT, made and entered into this Way of i L 197,4" , by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and SHELLMAKER, 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 Dredging the Grand Canal 1973 -74 (Contract No. 1499), 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 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 'nay 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. 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. CITY OF NEWPORT BEACH, CALIFORNIA c eS mayor ATTEST: k,. y clerk J, VIELLMAKER INC Contractor (S%4�( By: j� WEL, P. BOLAND, JR. PRESIDENT lit le By: iJ 9BM DDLORES LARA Tit e Approved as to form: a City Attorney 0 0 PR 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DREDGING THE GRAND CANAL 1973 -74 CONTRACT NO. 1499 To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, CA 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the proposed work; that he has examined the Plans, Special Provisions, Standard Special Provisions, Standard Specifications and Standard Drawings; 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 construct the improvements in strict conformance with the Plans identified as City of Newport Beach Drawing No. H- 5063 -S (consisting of 2 sheets)., the Special Provisions, the Standard Special Provisions, the Standard Specifications, and the Standard Drawings; and that he will take in full payment for the work the following unit prices for each completed unit of work, to wit: SCHEDULE OF WORK ITEMS ITEM QUANTITY ITEM.DESC IPTION TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE Lump Sum Dredge Grand Canal, complete per Plans for the lump sum price of Fourteen thousand five hundred Dollars and 00 /100 Cents $ 14.500.00 Lump Sum TOTAL PRICE WRITTEN IN WORDS: Fourteen thousand five hundred Dollars and 00 /100 Cents $ 14.500.00 , r , 1. CONTRACTOR'S LICENSE NO. A- 91675 S/ Wm. P. Boland, Jr., President Authorized Signature S/ Dolores Lara, Secretary -Treas. TELEPHONE NUMBER_ (714) 644 -0550 1200 11m3k€x.R�a_d,_..P O.;;Box 2025, Npw t,Beachl CA 92663 • SP 1 of 5 CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR DREDGING THE GRAND CANAL 1973-74 CONTRACT NO. 1499 I. SCOPE OF WORK The work to be done under this contract consists of furnishing all labor, equipment, and transportation to complete the maintenance dredging of the Grand Canal, as shown on the Plans and in the Specifications. II. TIME OF COMPLETION The work shall be completed within 75 days after execution of the contract by the City. III. FEES All fees normally charged by the City will be waived, except that all contractors and subcontractors shall be required to have valid current City business licenses. IV. PLANS AND SPECIFICATIONS A. Plans The plans consist of City of Newport Beach Drawing No. H- 5063 -S, consisting of 2 sheets. B. Specifications The Specifications consist of these Special Provisions and the "Standard Specifications for Public Works Construction," 1973 Edition, as pre- pared by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of America. V. AWARD AND EXECUTION OF THE CONTRACT 2 -1.1 AWARD OF CONTRACT - The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all require- ments described. The award, if made, will be made within 90 days after the opening of the bids. All bids will be compared on the basis of the Engineer's estimate of quantities of work to be done. 2 -1.2 EXECUTION OF CONTRACT - The contract shall be signed by the success- fu I bidder and returned, together with the contract bonds and the City's Standard Certificate of Insurance form, within 10 days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract by the City. VI VII • • SP2of5 The date of the contract shall be the date that the contract is executed by the City. LIABILITY INSURANCE A. Substitute the following minimum limits for the limits specified in Section 7 -3 of the Standard Specifications: Comprehensive liability, combined single limit for bodily injury or property damage. Each occurrence: $ 500,000 Aggregate protective: $ 500,000 Aggregate products: $1,000,000 Aggregate contractual: $ 500,000 This policy shall include the following coverages: 1. Contractual or Assumed Liability, relating to contract(s) between the named insured and the certificate holder named above. 2. Owned, Hired and Non -owned Automobiles. 3. Contractors Protective Liability (when insured engages sub- contractors). 4. Products Liability or Completed Operations. 5. Explosion and Underground Hazards (when applicable). 6. Personal Injury Hazards. 7. Broad Form Property Damage. B. Section 7 -3 of the Standard Specifications shall be amended to provide that the City of Newport Beach, the County of Orange and the Count of Orange Harbors, Beaches and Park District shall be named as additional insured in the policy of is i ity insurance furnished to the agency. HYDRAULIC DREDGING & FILLING A. General The provisions of this Section apply specifically to HYDRAULIC DREDGING & FILLING. B. Areas to be Dredged and Filled The plans show the areas to be dredged and filled, and any special details applicable to the work. The approximate amount of material to be dredged is 4,355 cubic yards in place. Although this information is believed to be accurate, it is not intended as a guarantee by the City. The intention of the City is to dredge the Grand Canal to the elevations and grades shown on the plans. C. Safety Requirements Dredges, pipe lines, and other floating equipment shall be marked in accordance with law. • . SP3of5 The contractor shall conform to current safety practices as outlined by publications of Associated General Contractors of America, and the National Safety Council. He shall also comply with all applicable State and local safety laws and regulations. VIII. EXCAVATION AND EMBANKMENT A. Excavation shall be made to the elevations and grades shown on the plans. The allowable variation in excavation shall be from 6 inches above to 12 inches below the elevations and grades shown on the plans, but the total amount of material dredged shall be equal to the total amount of material shown on the plans to be excavated. The contractor must verify the quantity of excavation and embankment for his own protection before submitting a bid. B. Embankment shall be placed within the limits of elevations and grades shown on the plans, The allowable variation in embankment shall not exceed 3 inches above the elevations and grades shown on the plans. In some areas the final embankment elevations and grades will be lower than the design elevations and grades shown on the plans, because there is more volume available for embankment than there is volume of material to be excavated. No solid material will be exported from the project, or imported to the project. At the end of the project, the channel will be left excavated to the grades and elevation shown on the plans, but there will not be sufficient material to complete the embankment to the elevations and grades shown on the plans. This is done in order to prevent export of sand from the Harbor. C. Payment for Excavation. Payment for work done under this contract shall be based only on the amount of material excavated. No extra payment will be made for excavation not shown on the Plans. IX. PROTECTION OF EXISTING PIERS The contractor shall be responsible for the protection of all piers in the vicinity of the area to be dredged. X. WORKING HOURS A. Dredging may be done at the convenience of the contractor between 6:00 A.M. and 12:00 midnight, daily seven days per week. B. Work on this contract, other than dredging, shall be done only between the hours of 7:00 A.M. and 7:00 P.M.,' Mondays through Saturdays only. XI. OBSTRUCTIONS A. The City will not undertake to keep the channel free from vessels or other obstructions. The City will be responsible for ensuring that boats moored to the seawalls are removed by their owners prior to the start of dredging. . . SP 4 of 5 B. The contractor must notify the Orange County Harbor, Beaches and Park District 72 hours prior to starting work in order that the Harbor Master may assist the City in relocating boats if necessary, and in answering telephone calls regarding the work. C. The contractor will be required to conduct the work in such a manner as to obstruct navigation as little as possible, and in case the contractor's plant obstructs any channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. D. Upon completion of the work the contractor shall promptly remove his plant, including ranges, buoys, piles and other marks placed by him under this contract, unless directed otherwise by the Engineer. XII. PRESERVATION OF PROPERTY The fact that any pipe, cable or other underground or submarine facility is not shown upon the Plans shall not relieve the contractor of his responsi- bility of preserving such property. It shall be the contractor's responsi- bility to ascertain the existence of any underground or submarine utilities or facilities which may be subject to damage by reason of his operations. The contractor shall be responsible for any damage to waterfront structures as a result of dredging below and beyond specified depths and areas. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in protecting property as above specified shall be considered as included in the lump sum price paid for the work, and no additional compensation will be made therefor. XIII. MISPLACED MATERIAL Any material that is deposited elsewhere than in places designated or approved by the Engineer will not be paid for, and the contractor may be required to re- dredge such materials and deposit it where directed. Should the contractor, during the progress of the work, lose, dump, throw overboard, sink or misplace any material, plant, machinery or appliance, which in the opinion of the Engineer may be dangerous to or obstruct navigation, he shall recover and remove the same with utmost dispatch. The contractor shall give immediate notice, with description and location of such obstruction, to the Engineer, and when required, shall mark or buoy such obstruction until the same is removed. Should the contractor refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Engineer and the cost of such removal may be deducted from any money due or to become due the contractor, or may be recovered under his bond. XIV. GRADATION OF FILL MATERIAL The discharge of the dredge pipe shall be so placed and so controlled that the fill material is laid down with an even gradation such that no soft • • SP5of5 spot or spots made up predominantly of fines are built up. In the event that soft spot or spots predominantly of fines are built up, such spots shall be removed and spots refilled with properly graded material. XV. ACCEPTANCE As soon as practicable after the completion of any section which, in the o pinion of the Engineer, will not be subject to injury by further operations under the contract, such section will be examined thoroughly by sounding or by sweeping or by both as deemed advisable by the Engineer. Should any shoals, lumps or other lack of contract depth be disclosed by this examination, the contractor will be required to remove them. The contractor will be notified when soundings and /or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in a satisfactory condition, it will be finally accepted. XVI. SHOALING If, before the contract is completed, shoaling occurs in any section pre- viously accepted, including shoaling in the finished channel, because of natural lowering of the side slopes, re- dredging at contract price, within the limit of available funds, may be done if agreeable to both the con- tractor and the Engineer. XVII. UNFORESEEN DIFFICULTIES Should unknown or unforeseen conditions, subsurface or otherwise, be dis- covered during progress of the work, the City shall be notified immediately. The City will then make a determination as to whether these conditions con- stitute extra work, and will so notify the contractor in writing within 48 hours after being notified of the conditions. • a Z 0 ffn C, ��„iumuw II Z 0 ffn C, ut x ur; rnwrtWf abaf f% s:AtAr U"JA '4t01'�E`3iPIH1'iNG»S , on the 28th day of.February, 1974,_#V1lchtimatthervMi' be opened and read, for performing work as follows: DREDGING THE GRAND CANAL — 1973 -74 CONTRACT. NO.. 1499 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additloml 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.pereed of the amount bid. The title of the project and the words " ALED BID" shall be clearly marked on the outside of envelope con- taining the bid. The contract documents that must be com , executed, and returned in the sealed bid are: A. Proposal B. Designation of SnbcontraclOra C, Bidder's Bond D. Non - collusion Affidavit ' E. Statement of Financial Respo ty F. Technical Ability and E ri References These documents shall be with the sigmtm a and titles of the persons s behalf of the bidder. For corporations, the signatures President or Vice Presl- dent and Secretary or Asst etary are required and the Corporate Seal shall to all documents requir- ing signatures. In the of Partnership, the signature of at least one general par is required. No bids will be accepted from a contractor who has not been licensed In accordance with the provisions of Chapter 9, Division Ili of the Business and Professions' Code. The contractor an six s license number and classification ha the propose�e One set oontract documents, Including special provisions; med at the Public Works Department, City Hall, N h. California, at no cost to lic�d contractors. ested that the plans anti cent act documents bithin 2 weeks after the bid opening. The City he S.ta�dard SyecWcatlons for Pabltc Works Cosst Editf04yas.prepared by theSouthers Calif rob C American. Public Works Association and , Associated General Contractors of America, Copies may be,obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 9003,4, (213x870 -9871. The City has adapted Standard Special Provision and Staed- ard Drawings. Copies of these are available at the Public Works. Department at a cost of $5.00 per set. , A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon aIwdef the contract.. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company, or surety company licensed by the State of California. The companies must also have a current. General Policy Holders Rating of A or better; and a Finaucial' Rating of at last AAA as per the latest edition of Best's Key Rating Gulde,(Property - Lhtbilityl In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor ,Code_ _:1770 at seq.1 the City Counotiaflke.�ati pert [5C@rtffiIRd the general prevailing rate of per diem wages In the locality In which the work is to be performed for each craft, classidi- cation, or type of workman or mechanic needed to exsedo the contract and has set forth these Items in Resoldlan No. 8090 adapted September 10, 1973, A copy of said resolution Is available In. the office of the City Clark, All parties to the contract shall be governed. by all provisions of the Caftbrsla Labor Code relating to prevailing wage rates (Sections 1776- 1781 inclusivei The city reserves the right, to reject any or all bids and to waive any informality in each bids. LAURA LAGOS, CITY CLERK CITY OF NEWPORT BEACH, CALIFORNIA, Publish:. February 14, 1979, In, the Newport Harbor Enslgo. Approved by the City Council this 11 TN day of re0RuAR)C 1974. La6fa � Y La ios City Clerk 9 CONTRACT NO. 1499 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR DREDGING THE GRAND CANAL 1973 -74 SUBMITTED BY: SHELLMAKER, INC. Contractor 1200 Shellmaker Road, P.O. Bog 2025 Address Newport Beach, CA. 92663 City Zip Code 644 -0550 Phone 114.500.00 Total Bid Price Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for-any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including 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. 41675 Classification A Accompanying this proposal is Bond Cash. Certified Check, Cashier's Check or Bond in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3100 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' cgs to comply with such provisions before commencing the performance of the work di, s catract. 644 -0550 SHShLIUB. INC. - hone Number 28 February 1974 Date gnature Corporation 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: Ymo P. Boland, Jr. President . Thomas M. Boland Vice- Presjdent Dolores Zara Secretary- Treasurer - ,y 0 Page 3 DESIGNATION Of SUB - CONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the sub - contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub - contractors except upon the prior approval of the Engineer. Item of Work 1. BOAS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12, Sub- contractor Address Qorpora lon Type of rganization (Individual, Co- partnership or Corp) 1200 3helluiaker Rd., P.O. Boa 2025 Neyjiort Be6dh OA. 92663 0 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, "BOND ATTACHISD" as Principal, and as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of in the City of Newport Beach, is. accepted by the City Council, of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, 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 lg� '- Cgi'{Zora 6 Wal (If Corporation) _lA#tech 40- o dggement of act) Principal Surety By .....Title. .. , -.:.. _y_�... I Bond No.. 3.16331 Premium: Nil PACIFIC INDEMNITY COMPANY HOME OFFICE, LOS ANGELES, CALIFORNIA PI BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, SHELLMAKER, INC., A California Corporation (hereinafter called the principal), as principal, and the PACIFIC INDEMNITY COMPANY, a corporation organized and doing business under and by virtue of the laws- of the State of California, 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 Cal ifornia , as Surety, are held and firmly bound unto the CITY OF NEWPORT BEACH, CALIFORNIA (hereinafter called the Obligee) in the sum of TEN PERCENT (10 %) OF TOTAL AMOUNT OF ATTACHED BID ----- --- ------------ Dollars ($--------- - -- - -- ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by 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 : For Dredging the Grand Canal - 1499 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-- ------------ -------- ----- - - -?f3 - --....day of ------------- --------------- ---- -- .... February .... - -- -- 19.74 - Form C105 Rev. F 10M 272 SHELLMAKER, INC. ........................................ ........ (Seal) By: ........................--------............-------------------..-......--- ---------------------- - ----- (Seal) PACIFIC INDEMNITY COMPANY E. Modaff, a Attorne in -Fact. 0 9 � b p Fr N D � T1 r 0 0 m N m w. O ? O � Z a o r b � Z p z_ � ��\ i z > Olt :mo > Z Z;� jo H- _0 z M > pu � \ \} }; �� / { }. F3 \:: \ \ \�: \ :171 4 ��\ 6 PACIFIC INDEMNITY COMPANY HOME OFFICE. LOS ANGELES, CALIFORNIA ❑ TEXAS PACIFIC INDEMNITY COMPANY F NORTHWESTERN PACIFIC TIiDEMNITY COMPANY HOME OFFICE DALLAS, TE %AS HOME OFFICE: PORTLAND, OREGON Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that the - . ... .... PACIFIC INDEMNITY COMPANY --- - -- -- - - -------- ---- - - --------- California . authority its 81h ................day of ---- February ---- ..- .. - - - -, 19_2.6., which said resolution is still in full force and effect and of which the following is a true and complete copy: "RESOLVED, that the President or any Vice - President may from'time to time appoint Resident Vice - Presidents, Resident Assisant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President, or any Vice. President, the Board of Directors or the Executive Committee may at any time remove any such Resident Vice,President or Resident Assistant Secretaries and Attorneys -in -Fact and revoke the power and authority given him; and be it further "RESOLVED, that Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company, any and all bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any such instrument executed by any such Attorney-in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary: and be it further "RESOLVED, that the Attomeys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recog- nizances or contracts of indemnity, policies of insurance and all other writings obligatory in the nature thereof- does hereby make, constitute and appoint E. Modaff its true and lawful Attorney -in -Fact, with full power and authority to make, execute and deliver, for it, in its name and in its behalf, as surety any and all bonds and undertakings of suretyship. And the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the said Corporation, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the said Corporation in their own proper persons. IN WITNESS WHEREOF, the..... PACIFIC ...INDEMNITY..COMPANY_ ..... .. _......__..------ -- ---- ---......_- °---- ------- -- caused these presents to be signed by its Vice - President and its cwporate seuf to be heieio affixed, du:y attested by its Assistant Secretary, this...l5th day of ...... October A,D. 19-- _73..... Attest: --------- Roth--------------------------------------- E. Coe --- - -- -- ---------------- ---- Assistant Secretory. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss.: 15th_.._....-- --- -----_aay oL..- ----_October On this.....- ....._.... .... Allan E. Bai Sr. Vice- President. D. 19.72., before me personally came me known, who, being by me duly Sr. sworn, did depose and say, that he resides in the City of Los Angeles, California; that he is the Vice - President of the .......PACIFIC ............. INDEMNITY COMPANY the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Betty A. Murphy (Notarial Seal) Notary Public. My Cormission expires August 1, 1915 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss.. I, - °-------------Botha.. E -. -.. Coe------- ----- ................ -------------------------- Assistant Secretary of the ........ PACIFIC --------- .. -... - INDEMNITY COMPANY - ................... .......... .... ... .. ......... .. do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said ......_PACIFIC - INDEMNITY -- COMP _A_NY--------- - ------ --- - - - - -- - - -- which is still in force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Los Angeles, this .............. 28th ...... ---. ..... day of ........................ FebruarY ...................................... . D. 19 ---- 74. Form 31110 Rev. B 30M 866 ...... 4" 1.LJ Assistant Secretory. NON- COLLUSION AFFIDAVIT Page 5 . 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 oth person in any way or manner, any of the proceeds of the contracts sought by t id. Subscribed and sworn to before me by this day o IgIzz.. My commission expires: Notary Public 4 0 9 a Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. Incorporated for 35 years/ 5/3/74 Bank Reference: Wells Fargo Bank Pajaro Valley Branch Watsonville, CA. 95076 Mr. M. Foote Vice- President .1� gne 0 0 "!- :, . 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 "Marina del Rey" Sand Removal 1973 U.S. Corns of Engineers "Santa Cruz Harbor" Pete Peterson Harbor Master 1973 City of Newport Beach General Services 673 -2110 • r Dean Tavlor 673-1630 1973 Trautwein Bros. Sam %hiss. 673 -1960 1973 Irvine. Co. Chuck Saffell 675 -8011 1973 Harbor Investment Co. Buck Fisher 673 -4400 1972 Oranke County Harbor Dept. Ben Sampson 834 -3808 - � /� gn A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DREDGING THE GRAND CANAL 1973 -74 PROPOSAL CONTRACT NO. 1499 To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, CA 92660 Gentlemen: 0 PR 1 of 1 The undersigned declares that he has carefully examined the location of the proposed work; that he has examined the Plans, Special Provisions, Standard Special Provisions, Standard Specifications and Standard Drawings; 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 construct the improvements in strict conformance with the Plans identified as City of Newport Beach Drawing No. H- 5063 -S (consisting of 2 sheets), the Special Provisions, the Standard Special Provisions, the Standard Specifications, and the Standard Drawings; and that he will take in full payment for the work the following unit prices for each completed unit of work, to wit: SCHEDULE OF WORK ITEMS ITEM QUANTITY ITEM.DESCRIPTION TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE Lump Sum Dredge Grand Canal, complete per Plans for the lump sum price of Fourteen thousand five hundred Dollars and 00/100 Cents $14,500.00 Lump Sum TOTAL PRICE WRITTEN IN WORDS: llars nd nts $J Soo, op 0 • Pr:AR RESOLUTION NO. 8 22 9 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR MAINTENANCE DREDGING OF THE GRAND CANAL, 1973 -74, CONTRACT NO. 1499 WHEREAS, pursuant to the notice inviting bids for work in connection with the maintenance dredging of the Grand Canal, for the fiscal year 1973 -74, in accordance with the plans and specifications heretofore adopted, bids were received on the 28th day of February, 1974, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is SHELLMAKER, INC.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of SHELLMAKER, INC., for the work in the amount of $14,500.00 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 25th day of March, 1974. Mayor ATTEST: City Clerk DON:mh 3/19/74