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HomeMy WebLinkAboutC-1622 - Allen improvements, Block 9 East Newport0 4 August 14, 1974 G. C. 'lumey Co. 2320 Heliotrope Santa Ana, rA 92706 Subject: Surety : thited Pacific Insuretce Company Bonds No. : u 74 32 40 Project: . Paving of Alley, Block 9, ,last Newport Contract No.: 1622 rentle"m. Ibe City Council on July 22, 1974 accepted the work of subject project and authorized the City - Cleric 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 Peoarder on July 24, 1974, in Book No. 11203 Page 1170. Please notify yow surety company that bonds may be released 35 days after recording date. S ?aura dos, Cm City Cie* swk ec: Public Wc&a Department I RECORDING REQUESTED BY AND MAIL TO City of Newport Beach laura Iagios, City Clerk 23658 EXEMPT 3300 Newport Blvd. C 8 Newport Beach, CA 92660 NOTICE OF COMPLETION PUBLIC WORKS BK 11203PG 1170 RECORDED IN OFFICIAL R— E_ C Ds OF ORANGE COUNTY, CALIFORNIA 9:09 A.M. JUL 24 1914 J. WYUE CARLYLE, Couuty Recorder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on June: ?5, 1974 the Public Works project consisting of Alley Paying, Block 9, East Newport on which G. C. Burney Co. was the contractor, and United Pacific Insurance Company was the surety, was completed. VERIFICA I, the undersigned, say: CITY OF NEWPORT BEACH n ni Direc I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 23, 1974 at Newport Beach, California. I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on July 22, 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 July 23, 19711 at Newport Beach, California. 4z . OJwn e zao=� li i S 6 CITY OF NEWPORT BEACH CALIFORNIA city Hall 3300 W. Newport Blvd Area Code 714 673 -2110 Date: July 23, 1994 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 AJUV Paying, 810ok 9, East Nswpm t Contract No. 1622 on which Cl- C_ Btamr.Qm was the Contractor and IktilaA Pwnttie LnQjmwnnw 0vi was the surety. Please record and return to us. Very truly yours, Laura Lagios City Clerk City of Newport Beach LL: Encl. Date TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1622 Project AIM EMNI M $lode g� £fit pM •t Attached is signed copy of subject contract for transmittal to the contractor Contractor: 01=3A yd,,ww Address: 2320 flimat m, $�� _� 22EM Amount: $ g�61M.36 Effective Date; Resolution No. 2221 Laura Lagios LL-dg Att. cc: Finance Department 0 �2 June 7, 1974 TO: CITY CLERK FROM: Public Works Department SUBJECT: ALLEY PAVING IN PLOCK 9, EAST NEWPORT - CONTRACT No. 1622 Attached are three copies of the subject contract documents. Please have executed on behalf of the City, retain your copy and the insurance certificates, and return the remai ing copies to our depart- ment. v Ineth L. Perry Project Engineer KLP:h Att. Certificate "i$ sued to': _:. Natie and address of Insured CITY`:OF NEWPORT�BERCH GERALD C. BURNEY . 3300,NeWpo.rt Blvd: 2320 HELIOTROPE NEWPORT BEACH; CALIFORNIA : SANTA ANA, CALIFORNIA . Perils insured against $ .. . deductible, applying to Fire and Lightning 13 SprinkW.Leakage Extended Coverage --:WORKMEN'S COM ENSATIQ.N Vandalism& Malicious Mischief {�: ' Location of property covered (1) CONTRACT #1622, ALLEY` PAVT1tQ,IN BLOCK '9, .EA$;4' N"PORT (2) (3) *' (4) Policy Insurer Term veTage & Amount of Number . From To �Iocstions Insurance W62691723 UNITED PACIFIC INSURANCE 5 -7 ^74/75 STATUTORY COMPANY Legend: . SP— Specific insurance B. — Building(s). 1— Location. #1 BL— Blanket insurance BE- Building(s) & Equipment 2— Lo6ation #2 R — Reporting form— amount of ins. E — Equipment 3— Location #3 shown is limit of liability for all ES Q– Equipment & Stock 4— Location #4 contributing insurance S —Stock A —All locations C1 Mortgagee Clause (requires 10 day written notice of cancellation to mortgagee) Lenders :Loss Payable Endorsement (policy continues in force 10 days after written notice of cancellation is received by lender) Other payee clause (copy attached to this Certificate) Policies contain clause indicated above. Loss, if any, payable to the party_ to whom this Certificate - is issued, unless otherwise noted below. I AM AWARE OF AND WILL COMPLY WITH SECTIO ` 3700 OF THE LABOR CODE, REQUIRING EVERY EMPLOYER TO-BE INSURED. AGAIN LIABILITY FOR WORKMEN'S COMPENSATION OR TO UNDERTAKE SELF- INSURANC¢ BEFORE COMMENCING ANY-OF THE WORK. - I certify that the above descrihed policies exist and cover only in accordance with the policy terms. UE s y SIGNATURE TITLE) - IDATE) _ I LE SMITH &COMPANY INC 1840 E 17th St Santa Ana ralif rnia (FIRM AND ADDRESS) THIS CERTIFICATE IS FOR INFORMATION ONLY;, IT IS NOT A. CONTRACT OF INSURANCE BUT. ATTESTS THAT A POLICY AS NUMBERED. HEMN, AND AS IT STANDS AT THEDATE OF THIS �C dFICAT&,AW:B_EEN ISSUED BY TUE INSURER. Y 9 0 CITY OF NEWPORT BEACH • 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. 1622 Project Description: ALLEY PAVING IN BLOCK 9, EAST NEWPORT This is to certify that the UNITED PACIFIC INSURANCE COMPANY (Name of nsurance Company) has issued to GERALD C. BURNEY (Name of nsure 2320 HELIOTROPE, SANTA ANA, CALIFORNIA (Address of nsure 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: LEE SMITH & COMPANY, INC. Address of Agency or Broker: 1640 E. 17th St. , Sarnta Aria; Calif. Countersigned by: �f (Authorized insurance company Representative Effective date of this endorsement: 19 Endorsement No._ 1) it P61 ity ePM .... ........imits 6 is > It......... Coverage Policy No. _ Each Occurance Aggregate (Minimum: (Minimum: ZOMPREHENSIVE 5 -7 -74 to $500,.000) $ 500,000 Protectivi SENERAL LIABILITY P3275716 5 -7 -77 1,000,000 Products 500,000 Contractui COMPREHENSIVE LIAB. From: Protectiv( Combined Single $ Products Limit Bodily Injury To: Contractui Each occurence or Property Damage 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: LEE SMITH & COMPANY, INC. Address of Agency or Broker: 1640 E. 17th St. , Sarnta Aria; Calif. Countersigned by: �f (Authorized insurance company Representative Effective date of this endorsement: 19 Endorsement No._ 1) it .�� CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS tob ALLEY PAVING IN BLOCK 9, EAST NEWPORT CONTRACT NO. 1622 SUBMITTED BY: G. L. BURNEY CO. Contractor 2320 Heliotrope Drive XdTr—e—ss Santa Ana, California 92706 Cty Zip Approved by the City Council this RxJWay of /- PR 1 L 1974. (714) 835 -3166 Telephone $8,614.00 La a os, City erc Rtil i 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 20day of May , 1974, at which time they will be opened and read, for performing work as follows: ALLEY PAVING IN BLOCK 9, EAST NEWPORT CONTRACT NO. 1622 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the 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 t3 he _Corporate Seal shall be affixed to all documents requiring signatures. In the case of a ark tnership, 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.) 0 0 Page la The City has adopted the Standard S ecifications for Public Works Construction (1973 Edition) as prepare y t e out ern California unapters of the erican 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 i 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 o;iissioi:s nn 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. 293531 Classification L -8 Accompanying this proposal is B , Certified Check, Cashier's check or in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3760 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. (71.4) 835 -3166 G. C. Burney Co.. Phone Number Bidders Name (SEAL) May 20, 1974 S/ G. C. Burney Date Authorized Signature Authorized Signature Individual 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: Page 3 DESIGNATION OF SUB - CONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the sub - contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub- contractors except upon the prior approval of the Engineer. Item of Work Sub- contractor Address 1. 2.. 3. 4. 5. 6. 7. 8. 9. 10. il. 12.. G. L. BURNEY CO. Bidder's Name Burne ut or zed Signature Individual Type of rganization (Individual, Co- partnership or Corp) 2320 Heliotrope Drive j Santa Ana, Cal (FOR ORIGINAL SEATY CLERK'S FILE COPY) BOND U 74 32 39 PREM $5.00 Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW-ALL MEN BY THESE PRESENTS, That we, Gerald C. Burney as Principal, and United Pacific Insurance Company , as Surety, are held And firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Bid -------- - --------------- Dollars ($ 10% of bid ), lawful money of the United $totes for the payment of which sum well.and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THg CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of ALLEY PAVING IN BLOCK 9, EAST NEWPORT - CONTRACT NO. 1.622. 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 20 day of May , 19_J_4_. Corporate Seal (If Corporation) S G. C. Burmly rinc�pa (Attach acknowledgement of Attorney -in -Fact) May 20, 1974 . POnnv Curry, Notary Public United Pacific Insurance Company Commission expires January 16, 1976 Surety By S /.John C. Tweedie T4 0t .AflxfMa,av� ... Y. 2 i NON- COLLUSION AFFIDAVIT 0 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 20 . day of Mme_, 1974 My commission expires: Jan. 16, 1978 G. C. Burney Co. .. S/ Gerald C. Burney S/ Penny Curry Notary VuDlic u= _ (FOAIGINAL SEE CITY CLERK'S FILE Ck Page 6 ; STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility.' New business as of May 6, 1974. Financial statement will be forwarded at. later date. S/ G. CO Rif �• � gne I Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No 1974 R. J. Noble Co. Bob Hidbrink 637 -1550 1974 Donn 0. Michaels Donn Michaels 540 -11 —r New business as of May 6. 1974. .Prior experience - 3 wr. 10 mo. with L J Davis Co.. concrete contractor 9 yr. with Sully- Miller Contr. Co S/ G. C. Burney Signed, Z' BOND NO.: U74 32 40 PR UM - Included ' EXECUTED IN TRWICATE Page 8 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted May 28, 1974 has awarded to G. C. Burney Co: hereinafter designated as the "Principal ", a contract for Alley Paving in Block 9, East Newport - Contract No. 1622 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 GERALD C. BURNEY as Principal, hereinafter designated as the Contractor and UNITED PACIFIC INSURANCE COMPANY as Surety, are held firmly bound Unto the City of Newport Beach, in the sum of EIGHT THOUSAND SIX HUNDRED FOURTEEN AND NO /J)oblars 08.67.4.00 ' 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. s • Page.9 (Labor and Material Bond - Continued) This bond shall inure to the benefit of any and all persons., companies,'aiid corporation entitled to file .claims under Section 1192.1 of the Code of Civil Procedure so as. to give a right of action to than 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 3rd day of JUNE , 19 ?4 , Approved as to form: City Attorney This bond was approved by the City Council of the City of Newport Beach by motion on Attest: Date City Clerk aN (Seal) 1) 1) GERALD C. BURNEY UNITED PACIFIC INSURANCE COMg8W ) BY G • (Seal) Jq09C. TWEEDIE, ATTORNEY -IN -FACT. (Se31). f State of California s s: County of Orange On June 3rd ' 191 4 before me, the undersigned, a Notary Public in and for said County, personally appeared John C. Tweedie known to me to 6e the person whose name is subscribed to the within instrument as Attorney - in - Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that. he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and It own name as Attorney -in - Fact. mn,i, m::.:::.:: rm::un.no: ,v:. .n•: nninnumnne i RY NOT1.'t" -ALIFORNIA ogi;vl'r ',FFICE IN ORAKmH COUNTY My Commission Expires Jan. 16, 1978 My L"PIVWWIfr5sJ71YW " l'sk)Y7wC9 19 Notary Public br nd for said County 8•4004 Coli /orniv - Jvrvt (Attorney- in•Fact Acknowledgment) Rev. 1 -65 EXECUTED IN ALICATE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That BOND NO. U74 32 40 PRIDUM - $52.00 for the term thereof Page. 10 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to May 28, 1974 G. C. Burney Co. hereinafter designated as the "Principal ", a contract for Alley Paving in Block 9, East Newport - Contract No. 1622 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, GERALD C. BURNEY as Principal, hereinafter designated as the "Contractor ", and UNITED PACIFIC INSURANCE COMPANY As Surety, are held and firmly bound unto the City of Newport Beach, in the sum of EIGHT THOUSAND SIX HUNDRED FOURTEEN AND NO,P1mbbars $8,614.00 ), 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. t:. 0 9 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 3rd day of JUNE 1974 Approved as to form: U� City Attorney t. A Gerald C. Burney (K (Sealy) 1) Seal) (Seal) 1) JOIW TWEEDIE AT EY -IN -FACT (Sea]) Surety State of California .5. County of On June 3rd 19 74 before me, the undersigned, a Notary Public in and for said County, personally appeared John C. Twe edie known to me to 6e the person whose name is subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me thot�he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h 1 S vwn name as Attorney -in -Fact. uu _r C. RY NOTaRY t'I:3, .; )ALIFORNIA 3 o91. "dCt F;.;y, JFFICE IN ORANGE COUNTY - �) My Commission Expires Jan, 161 1978 ikwexprxwemrywnmm��unuwnn�uwmnuxu My Commission expires 19_ Notary in and for soil Count 8 -2004 California - Jurot (Attorney -in -Foci Ac4nowledgmeni) Rev. 1 -65 I Page 12 CONTRACT THIS AGREEMENT, made and entered into this lhk, day `of 0 -y&C , 19 7.0-, by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and G. C. Burney Co 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 Alley Paving in Block 9, East Newport - Contract No. 1622 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and "Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials.necessary therefor, (Except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and.for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in.said Specifications are expressly stipulated tube borne by the City; "and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case inlay be; 3. The City hereby promises and agrees with the said.Contractor.to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to.the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do .hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders. Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. 0 0 Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. ' IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. Approved as to form: S "tk , City Attorney CITY OF NEWPORT BEACH, CALIFORNIA BY a or `/ Y Byo </ .>v/. it e Title . � PR 1 of 1 CITY OF NEWPORT.BEACH PUBLIC WORKS DEPARTMENT ALLEY PAVING IN BLOCK 9, EAST NEWPORT CONTRACT NO. 1622 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has .read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 1622 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 4400 Construct 6" thick Portland cement Sq. Ft. concrete alley pavement over compacted native materials for the unit price of: @ One Dollars and Fift -five Cents $ 1.55 $ 6,820.00 Per quare Foot 2. 2 Remove existing and construct 6" thick Each P.C.C. alley approach over compacted native materials, for the unit price of: @ Two Hundred Dollars and No Cents $ 200.00 $ 400.00 Per Each 3. 436 Remove existing and construct 4" thick Sq. Ft. P.C.C. garage approaches over compacted native materials, for the unit price of: @ One Dollars and ft er Square Foot Cents $ 1.50 $ 654.00 • • 4. 60 Remove existing and construct 4" thick Sq. Ft. P.C.C. sidewalk over compacted native materials, for the unit price of: PR2of2 @ One Dollars and Fifty Cents $ 1.50 $ 90.00 Per Square Foot 5. Lump Provide construction surveying and Sum staking, for the lump'sum price of: @ Six Hundred. Fifty Dollars and No Cents $ $ 650.00 Lump Sum TOTAL PRICE WRITTEN IN WORDS: Eight Thousand Six Hundred Fourteen Dollars and No Cents- May 20, 1974 . Date CONTRACTOR'S LICENSE NO. 293531 $ 8,61.4.00 G. C. Burne .Co. B d er s Name S G. C. B e u orize Tgnature TELEPHONE NUMBER ,(714.835 -3166 CONTRACTOR'S ADDRESS .2320 Heliotrope Drive, Santa Ana, California :92706 0 0 0 U CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ALLEY PAVING IN BLOCK 9, EAST NEWPORT CONTRACT NO. 1622 INDEX TO SPECIAL PROVISIONS i. Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . 1 II. PLANS AND SPECIFICATIONS . . . . . . . . . . . . . . . . . . 1 III. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . 1 IV. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. NOTIFICATION OF RESIDENTS . . . . . . . . . . . . . . . . . . 1 VI. SCHEDULING OF WORK . . . . . . . . . . . . . . . . . . . . . 2 VII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. EXISTING UTILITIES . . . . . . . . . . . . . . . . . . . . . 2 IX. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . 2 X. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . 3 A. Compensation in General . . . . . . . . . . . . . . . . . 3 B. Work on Private Property . . . . . . . . . . . . . . . . 3 C. Removal of Unauthorized Encroachments from Public Right of Way . . . . . . . . . . . . . . . . . . . . . . 3 D. Pavement Removal, Excavation, and Subgrade Preparation 4 E. Portland Cement Concrete Pavement . . . . . . . . . . . . 4 F. Alley Approaches . . . . . . . . . . . . . . . . . . . . 4 G. Adjustment of Utility Boxes, Manholes, Etc. to Grade . . 5 i. I. II III IV 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR ALLEY PAVING IN BLOCK 9, EAST NEWPORT SCOPE OF WORK The work to be done under this cement concrete alley pavement concrete garage approaches and structures to grade, and other on the Balboa Peninsula; and is Boulevard, and Ocean Front. PLANS AND SPECIFICATIONS A. Plans CONTRACT NO. 1622 SPIof5 contract consists of constructing Portland and approaches, constructing portland cement sidewalk sections, adjusting utility boxes and incidental items of work. The work is located bounded by 6th Street, 7th Street, Balboa The plans consist of City of Newport Beach Public Works Department Drawing No. A- 5065 -S. B. Specifications The specifications consist of these Special Provisions, and the Construction Standards and Specifications for Construction of Public Works in the City of Newport Beach dated May 1973, which may be purchased from the Public Works Department of the City at a cost of $5.00 per copy. The Standard Specifications incorporate by reference Standard Specifications for Public Works Construction, 1973 Edition, as prepared by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of America. TIME OF COMPLETION All work shall be completed within 60 calendar days after notification of award of the contract by the City. GUARANTEE The contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all materials and all workmanship against any defects whatsoever. Any such defects shall be repaired at the contractor's expense. NOTIFICATION TO RESIDENTS The City will mail a preliminary notice to all residences affected by this work. Between 40 and 55 hours prior to closing the alley to vehicular traffic, the contractor shall distribute to each affected residence a written notice stating when construction operations will start and approximately when vehicular access- ibility will be restored. The written notice will be prepared by the City and the contractor shall insert the applicable dates at the time he distributes the 0 • SP of notice. Errors in distribution, false starts, unforeseen natural occurrences, strikes, or other alterations of the schedule will require renotification using an explanatory letter. This letter will also be prepared by the City and dis- tributed by the contractor. VI. SCHEDULING OF WORK 1. Upon the execution of the contract by the City the contractor shall submit to the engineer a written schedule of work. 2. Each alley and garage approach with access from the alley must be returned to normal vehicular use within 30 consecutive calendar days from the day it is first closed by the contractor. 3. The intent of this section of the Special Provisions is to emphasize to the contractor the importance of prosecuting the alley construction work in an orderly, planned, and continuous fashion in order to minimize time the alley is closed to traffic. VII. WATER The contractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the contractor desires to use available City water, it shall be his responsibility to make arrangements for water purchase by contacting the City's Utilities Superintendent, at (714) 673 -2110, extension 267. VIII. EXISTING UTILITIES The contractor shall investigate and protect all existing utilities in conformance with Section 5 of the Standard Specifications. Known utilities are indicated on the Plans. Prior to performing construction work, the contractor shall be respon- sible for requesting each utility company to locate its facilities. Construction of the alley structural sections will cause work to be performed very near existing sewer, water, and storm drain lines and their connections. The con- tractor shall protect in place and be responsible for, at his own expense, any damage to any utilities encountered during construction of the items shown on the Plans. IX. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the con- tractor. All such surveys, including construction staking, shall be under the supervision of a California Licensed Land Surveyor or Civil Engineer. Staking shall be performed on all items ordinarily staked at intervals normally accepted by the agencies and trades involved. Sufficient survey stakes shall be placed to control the accuracy of the concrete forms to within 1/8 -inch vertically and 1/4 -inch horizontally. Before any excavation is commenced in any alley, a search for existing property corner monuments at each property line or fence line shall be made by the surveyor. All property corners found and those shown on the improvement plans shall be flagged and protected during construction of alley improvements. Any monuments removed or dislocated during construction shall be restored by the contractor at his expense. • • SP3of5 X. CONSTRUCTION DETAILS AND PROPOSAL ITEMS A. Compensation in General The prices bid for the various items of work shall, unless otherwise stated, include full compensation for all labor, materials, tools, equipment and incidentals necessary to the completed work. Compensa- tion for work shown on the plans and described in the specifications, but not separately provided for in the bid proposal, shall be included in the prices bid for the various items of work listed in the bid proposal. 2. The unit price paid for constructing Portland cement concrete alley approaches shall include compensation for removals, grading,compaction, and street pavement patching adjacent to the alley approaches. 3. Payment for pavement removal, excavation, and subgrade preparation shall be included in the unit prices paid for the corresponding or associated items of new work. 4. The contractor shall be required to adjust water meter boxes to final grade, but no separate payment will be made for adjusting water meter boxes to grade. Compensation for adjusting water meter boxes to grade will be included in the unit prices bid for other items of work. B. Work on Private Property 1. No work shall be done on any private property for which the owner may be assessed without the prior written authorization of the engineer. 2. Unpaved private property adjacent to alleys will be graded with earthen materials in order to provide a smooth, neat transition between the edge of the alleys and the existing ground surface. The cost of such grading will be included in the unit prices paid for other items of work in the alleys. 3. Sidewalks, curbs, gutters, Portland cement concrete pavement, bituminous surfacing, base material, lawns and plants, sprinkling systems, fences, walls, or any other improvements on private property removed, broken or damaged by the contractor's operations shall be replaced or reconstructed at the contractor's expense with the same kind of material as originally found on the work or with materials of equal quality. The new work shall be left in a serviceable con- dition satisfactory to the engineer. C. Removal of Unauthorized Encroachments from Public Rioht of All unauthorized encroachments such as concrete slabs, asphalt concrete, brick walks, rubble, fences, walls, chains, wood and steel protection posts, steps, etc., shall be removed from alleys to be improved. Such improvements shall be sawcut at the property line and removed. All usable construction materials so removed shall be staked neatly and left on the private property. All non - usable materials so removed shall be disposed of by the contractor. Payment for removal of unauthorized encroachments from the public right of way will be included in the unit prices paid for other items of work in the public right of way, and no extra payment will be made therefor. 0 • SP4of5 Pavement Removal, Excavation, and Subgrade Preparation Existing Portland cement concrete or asphalt concrete improvements to be removed shall be sawcut along property lines, join lines, at the locations beyond property lines as shown on the Plans, or as directed by the Engineer. Final removal at the sawcut lines may be accomplished by the use of jack- hammers or sledge- hammers. It is emphasized that edges created by other means, or final removal accomplished by other means, will not be acceptable and hard blow pavement breakers such as stompers will not be permitted on the job. Preparation of the subgrade will be as specified in Section 301 of the Standard Specifications. Payment for pavement removal, excavation, and subgrade preparation will be considered as included in the unit prices paid for other items of work. Portland Cement Concrete Pavement P.C.C. furnished for construction of all alley pavement, alley gutters, street pavement, alley approaches, garage approaches, sidewalks and retain- ing walls shall have a B or C gradation. Portland cement concrete shall be securely barricaded immediately after placement and no vehicular traffic will be allowed thereon for seven calendar days. Minimum cement content of Portland cement concrete shall be not less than 6 sacks of cement per cubic yard of concrete. The contractor will be permitted to use concrete pumping methods to facil- itate concrete placement. Pumping concrete through aluminum pipe will not be permitted. Overhead screeds will be required at the flowline. A 12 -inch wide smooth trowel surface shall be constructed along the flow line (centerline) of each alley. The remainder of the alley surface shall be light broom finished. All sidewalk or drive approaches that extend beyond the street or alley right -of -way shall be deeply scored at the right -of -way line. Contact joints shall be constructed in conformance with the City of Newport Beach Drawing No. STD - 120 -L. Street joints shall be constructed where shown on the Plans. Alley joints shall be constructed in conformance with City of Newport Beach Drawing No. STD - 119 -L. Special care shall be taken to locate weakened plane joints at water meter boxes, power poles, and all other critical locations. Alley Approaches Portland cement concrete alley approaches shall be constructed in accordance with the City of Newport Beach Drawing No. STD - 117 -L, except that imported aggregate base will not be required. The price paid for construction of alley approaches includes the cost of patching between the edge of the gutter and the existing street pavement. Alley approaches shall be constructed over compacted native materials. Imported aggregate base will not be required. • • SP5of5 Where other structures occur in new portland cement concrete alley approaches, no additional compensation will be allowed for adjusting these structures to grade. Compensation for adjusting these structures to grade will be included in the unit price paid for constructing alley approaches. G. Adjustment of Utility Boxes, Manholes, Etc. to Grade All sewer manholes, water valve boxes, sewer cleanouts, water meter boxes, and any other miscellaneous utility boxes shall be adjusted to finish grade prior to placement of portland cement concrete. In the event the utility box or structure is located in an area to be improved with asphalt concrete, ad- justment to finish grade shall be made after the asphalt concrete pavement has been placed in a manner similar to that described in Section 302 -5.7 of the Standard Specifications. No separate compensation will be allowed for this work. I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR ALLEY PAVING IN BLOCK 9, EAST NEWPORT P Approved byy the City Council this 2�. day of /1 PR I l 1974. La`osf; City Merk • CONTRACT NO. 1622 SUBMITTED BY: Contractor Address City Zip Te ep one Total Bid Price Page 1 CITY OF NEWPORT BEACH, CALIFORNIA 0 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 20day of May , 19 74, at which time they will be opened and read, for performing work as follows: ALLEY PAVING IN BLOCK 9, LAST NEWPORT CONTRACT NO. 1622 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the • outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: • A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the 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 the-Corporate 3 Seal shall be affixed to all documents requiring signatures. In the case of a arm tnership, 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.) 0 Page la The City has adopted the Standard Specifications for Public Works Construction (1973 Edition) as prepared by the Sout ern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland 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 omissju's 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. ��90-57_ Classification�l. Accompanying this proposal is , certiriea cnecK, uasnier•s cnecK or • in an amount not less than 10 percent of the total bid price. I 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. 0 Phone Number 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: 1] • Page 3 DESIGNATi W.:SllB- 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. 2.. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Sub - contractor Address Type of rganizat on (Individual, Co- partnership or Corp) -. eSS .... . .a BOND NO. U 74 32 39 i PREMIT*$5.00 Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, GERALD C.. BURNEY as Principal, and UNITED PACIFIC INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF BID------------- - - - - -- Dollars ($loa of bid ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, Jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of ALLEY PAVING IN BLOCK 9, EAST .NEWPORT CONTRACT NO. 1622 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 nyll 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 Bvent 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 20th day of MAY lg 74 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) iUNITED PACIFIC INSURANCE COMPANY Suret By State of California s s: County of Orange On May 20 , 1q 744 before me, the undersigned, o Notary Public in and for said County, personally appeared John C. Twe edie known to me to 6e the person whose name is subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and i acknowledged to me that —he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and hl S _ own name as Attorney -in -Fact, a..........:. n..„,.• .:..::..::.::.:...:..:: n.,.;.:: nn:: ..:........I.w.nnu.,:nnn.III.II um,I OFFICIAL SEAL E PEA"NJY CURRY NOTARY L OFFVIE ORNIA IPA = IN ORANGE :AUNTY / My 00%iYs�S48N't gFbPPireS Jan. 16, 1978 E lq_ nrenuuuw:nnn.�:nnni:umnunn umminnnmuuuutwnur California Rev. 1.65 Ny( ry Public in and (or rd County / / - Juror (Attorney -in -Fact Acknowledgment) B -2004 Page 5 . NON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrange- ment or agreement.with'any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material - man which is not processed through said bid depository, or which prevent any 'subcontractor or materialman from bidding to any contractor.who does not use the facilities of or accept bids from or through such bid depository; that no induce- ment or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any: person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person • , whomesoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me by this ,570 day of 19_„ 11,. My commission expires: i imnnnunnann mn OFFICIAL 66AL PENNY CURRY NOTARY PUBLIr— CALIFOIMA �RINCI ►AL OFFICE IN ORANGE COUNTY MY Commission. Expires Jan, 16,.1975 mnmmmxannnuuuuwunnnm r / IBS 7 0 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. (,vx Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. • • CITY OF NEWPORT.BEACH PUBLIC WORKS DEPARTMENT 0 ALLEY PAVING IN BLOCK 9, EAST NEWPORT CONTRACT NO. 1622 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: PR 1 of 1 The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 1622 in accordance with the Plans and Specifications, and will take in full. payment therefor the following unit prices for the work, complete in place, to wit: NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4400 Construct 6" thick Portland cement j Sq. Ft. concrete alley pavement over compacted native materials for the unit price of: @ G Dollars G,< a and Cents s� $�_ $ r Square Foot 2. 2 Remove existing and construct 6" thick Each P.C.C. alley approach over compacted native materials, for the unit price of: @o hC�� Dollars and Cents qg $�l,Y �$- Per Eao 3. 436 Remove existing and construct 4" thick Sq. Ft. P.C.C. garage approaches over compacted native materials, for the unit price of: @ Dollars and Cents $z $ �6' • Per,-Square Foot i •I 0'. r� T 4. 5 r_1 U n U 60 Remove existing and construct 4" thick Sq. Ft. P.C.C. sidewalk over compacted native materials, for the unit price of: @ Dollars and Cents er uare Foot Lump Provide construction surveying and Sum staking, for the lump sum price of• @- Dollars and Cents TOTAL PRICE WRITTEN IN WORDS: S.2© ;5/ ate CONTRACTOR'S LICENSE NO. 2 CONTRACTOR'S ADDRESS Z3Zo Lump Sum S.5f R and Cents TELEPHONE PR2of2 PRICE *11 •! 0 MAY 1974 0 RESOLUTION NO. 0 8 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR ALLEY PAVING IN BLOCK 9, EAST NEWPORT, CONTRACT NO. 1622 WHEREAS, pursuant to the notice inviting bids for work in connection with alley paving in Block 9, East Newport, in accordance with the plans and specifications heretofore adopted, bids were received on the 20th day of May, 1974, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is G. C. BURNEY CO, of Santa Ana; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of G. C. Burney Co. for the work in the amount of $8,614.00 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 28th day of May, 1974. ATTEST: City Clerk Mayor mh 5/22/74