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HomeMy WebLinkAboutC-1732 - Resurface Birch Street, Bristol to MacArthurAW: '. UCa 11 19751 By the +:ji if COUNCIL rITY OF NWDQRT BEACH TO: CITY COUNCIL FROM: Public Works Department August 11, 1975 CITY COUNCIL AGENDA ITEM NO. H -2 (b) SUBJECT: RESURFACING OF BIRCH STREET, BRISTOL STREET TO MACARTHUR BOULEVARD (C -1732) RECOMMENDATION: Adopt a resolution awarding contract No. 1732 to Industrial Asphalt Co. of Santa Ana for $36,450.00, and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Five bids were received and opened in the office of the City Clerk at 10:30 a.m. on July 29, 1975. Bidder Amount 1. Industrial Asphalt, Santa Ana $36,450.00 2. Sully- Miller Contracting Co., Orange $37,1.91.00 3. Griffith Co., Irvine $38,224.00 4. All American Asphalt, Westminster $38,264.00 5. R. J. Noble Co., Orange $38,756.00 The low bid is 28% less than the engineer's estimate of $51,000.00. This project provides for an asphaltic concrete overlay on Birch Street from Bristol Street to MacArthur Boulevard. This work is part of the continuing street maintenance program and will provide adequate structural sections for present and future traffic demands. The plans and specifications were prepared by the City. The esti- mated date of completion is September 12, 1975. Funds have been provided for this work in Account Number 02- 3397 -076. Jos eph T. Devlin Public ks Director OSW: hh RESOLUTION No. 8568 AU G 11 11975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT By the CITY COUNCIL FOR IMPROVEMENTS IN CONNECTION WITH RESURFAC- CITY *0 AM 'FSFACH ING OF BIRCH STREET, BRISTOL STREET TO MACARTHUR BOULEVARD, CONTRACT NO. 1732 WHEREAS, pursuant to the notice inviting bids for improvements in connection with resurfacing of Birch Street, Bristol Street to MacArthur Boulevard, in accordance with the plans and specifications heretofore adopted, bids were received on the 29th day of July, 1975, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is Industrial Asphalt Company of Santa Ana; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Industrial Asphalt Company of Santa Ana for the work in the amount of $36,450.00 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 11th day of August , 1975. i ATTEST: City Clerk July 14, 1975 CITY COUNCIL AGENDA ITEM NO. H -9 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: RESURFACE BIRCH STREET BRISTOL STREET TO MacARTHUR BOULEVARD (C -1732) RECOMMENDATIONS: 1. Approve the plans and specifications for the subject project. 2. Authorize the City Clerk to advertise for bids to be opened at 10:30 A.M. on July 29, 1975. DISCUSSION: This project provides for an asphaltic concrete overlay on Birch Street from Bristol Street to MacArthur Boulevard. The work is part of the continuing Street Maintenance Program and will provide adequate struc- tural sections for present and future traffic demands. The plans and specifications were proposed by the City. The estimated date of completion is September 12, 1975. The estimated cost of the work is $51,000. Funds have been pro- vided in Account Number 02- 3397 -076. ep Devl n lic rks Director JW:jd ..�i J, L @6Ai,S LEGAL dtl 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 10:30 a.m. on the 29th day of July, 1975, at which time they will be opened and read, for performing work as follows: RESURFACING BIRCH STREET -- BRISTOL STREET TO MacARTHUR BOULEVARD - 1975 -76 CONTRACT NO. 1732 Bids must be submitted on the proposal form attached with the contract documents furnishedby 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, exe- cuted, 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 SEC- RETARY are required and the CORPORATE SEAL shall be affixed to all documents requiring signatures. In the case of a Partnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has 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. The City has adopted the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (1973 Edition) as prepared by the Southern California Chapters of the Amer- ican 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 (Prop- erty - 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 ascer- tained the general prevailing rate of per diem wages 0 the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolution No. 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. LAURA LAGIOS, CITY CLERK CITY OF NEWPORT BEACH, CALIFORNIA Publish: July 17, 1975, in the Newport Harbor Ensign. October 31, 1975 Industrial Asphalt Company 1401 E. Warner Avenue Santa Am, CA 92705 Subject: Surety : Pederal Insurance Company Bonds No. : 80655626 Project : Resurfacing Birch Street, Bristol to MacArthur Contract No. : 1732 The City Council on October 14, 1975 accepted the work of subject project and authorised the City Clark to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on October 16, 1975, in Book No. 11541, Page 149. Please notify your surety company that bonds may be released 35 days after recording date. Laura Lagios, CMC City Clerk swk cc: Public Works Department •nEASE RETURN TO, pp��RfGOD 1 8 . `O LAURA LAGIOS, CITY CLERKPU£SRrEO Q CITY OF NEWPORT MACH SV =EXEMPT 3300 NEWPO":T CO�LEVARD NEWPORT bE:RCt- :, CAA.;F. 92660 NOTICE OF COMPLETION PUBLIC WORKS 8X 1154 1 PG 149 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 1:1 A.M. OCT 1 61975 1, WYLIE CARLYLE, eoaa,f „ccorder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on September 10. 1975 the Public Works project consisting of Resurfacing Birch S B i s of to MacArthur fc -17321 on which Industrial Asphalt was the contractor, and Federal Insurance Company was the surety, was completed. I, the undersigned, say: CTTV r1F 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 October 15. 1975 at Newport Beach, California. I, the undersigned, E I am the City Clerk of the City of Newport Beach; the City Council of said City on October 14, 1975 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 October 15, 1975 at Newport Beach, California. y � 9 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd Area Code 714 673 -2110 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 RwanrfAri n¢B reh Street, Bristol to MacArthur Contract No. 1732 on which Industrial Asphalt was the Contractor and :'edRral insurance Company was the surety. Please record and return to us. Very truly yours, Laura Lagios City Clerk City of Newport Beach LL: Encl. 0 Date gasessmr 10, 1975 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1732 Project VAM466 "$-51Ta4 itraat. IITlsu aL to M.wl�etmr Attached is signed copy of subject contract for transmittal to the contractor. Contractor: T�as.e�� J��i i Address: 1401 E. i&tsar A"me, Smta Am. Ch 92705 Amount: $ 36.450.00 Effective Date: fgtw"r 9. 1975 Resolution No. 85" Laura Lagios LL-dg Att. cc: Finance Department 0 Note i The 3sadIn Compmy's a*" of the aoatraot is not aipad. 0 CITY OF NEWPORT BEACH CEi2TIFICATE 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. 17E X MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE Project Description: This is to certify that the TRAVELERS INSURANCE COMPANY Name of Insurance company) has issued AL ASPHALT DIVISION of Insured 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 Policy-No. Policy Term Limits of Liability Each Occurrence Aggregate (Minimum: (Minimum: $500,000) $ 500,000 Protecti, $1,000,000 Products $ 500,000 Contracti SHOW C )MPLETE INFORMATION BELOW Policy No. COMPREHENSIVE LIAB. Combined Single Limit Bodily Injury TRNSL From: 3=1-7q $ 5oo,0oo Protecti $1000.000 Products or Property Damage 01 770 - To: 3-1 -78 $500 000 $ 500,000 Contract dorlmen's TD±t&UB Fvom: 3-1-7r, Each Occurrence Oom n tion 1 1T 6 To: 3-1-7d I This policy includes at least the following coverages: M, re ial ) /e ial 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 Aut6mobiles. 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). Limited incidental coverage under policy noted. Name of Agency or Broker: MARSH & HCLENNANo INCORPORATED Address of Agency or Broker: 3303 WILSHIRE BLVD., LOS ANGELESt CALIFORNIA Telephone No. 380 -1600 Countersigned by:,- Hobert 0. Be11. Jr. 1/ I "LU4 -u •vd"'Xk) (Authorized Insurance Company Repre entative Effective date of this endorsement: August 5, , 19 75, Endorsement No. - i — September 8, 1975 TO: CITY CLERK FROM: Public Works Department SUBJECT: RESURFACING BIRCH STREET - BRISTOL STREET TO MacARTHUR BOULEVARD 1975 -76 (CONTRACT NO. 1732) Attached are 4 copies of the subject contract documents. Please have 3 sets executed in behalf of the City. (The bonding company's copy is not signed so this copy does not have to be executed by you and the Mayor.) Retain your copy and the insurance certificate and return the other 3 copies to this department for distribution. John S. Wolter Project Engineer JSW:h Attachments CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR RESURFACING BIRCH STREET BRISTOL STREET TO MacARTHUR BOULEVARD 1975 -76 CONTRACT NO. 1732 Approved by the City Council This 14th y of July, 1975.. SUBMITTED BY: INDUSTRIAL ASPHALT Contractor -"0' '- Warner Ave. A dress Santa Ana. CA 92705 ity Zip one $36,450.00 City Cler Total Price Bid r PR 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RESURFACING BIRCH STREET BRISTOL STREET TO MacARTHUR BOULEVARD 1975 -76 CONTRACT NO. 1732 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 here- by proposes to furnish all materials and do all the work required to complete Contract No. 1732 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 3200 Construct Type III- C2- AR4000 asphaltic Tons concrete overlay, including tack coat. @ Eleven Dollars and Twenty -five Cents $ 11.25 $ 36,000.00 Per ion 2. 1 Adjust sewer and storm drain Each manholes to finished grade. @ Seventy -five Dollars and No Cents $ 75.00. $ 75.00 Per Each 3. 5 Adjust water valve, sewer cleanout, Each survey monument and water meter boxes to finished grade. @ Seventy -five Dollars and No Cents $ 75,p0 Per Each r Li TOTAL PRICE WRITTEN.IN WORDS: Thirty -six Thousand Four Hundred Fifty Dollars and No Cents $_362450.00 Industrial As halt Bid er s Name): 7 -29 -75 Date ut orize ignature CONTRACTOR'S LICENSE NO. _.275260 TELEPHONE NUMBER (7141- 546 -0622. CONTRACTOR'S ADDRESS 1401 F_ Warn- Santa Ana, California Q27n5 PR2of2 1MOUS OR 1V45 � e B /RCH SYRFET IU J It -_r. \_...� .. z t 3 Z L OOYE SL J�JY Q 1 OUP /G Sr q�q .VOarr/ Bs+/srOC a j srRSEr .. T L ,BEE r I t F20M OOYE 8 T.2EE T F�O/Y1 BL - /STOG 9T2EE ? TD /1iJ4G' G 2T.y!/2 BG YO. TO lJOYE 3T. TYA /C4L �'TQEET S�G'T /O,C/S CITY OF NEWPORT BEACH DRAWN--/"(f- DATE PUBLIC WORKS DEPARTMENT -7 APPROVED 4y � yJ /f .V.E'S L/,QF.�I C.E' �/AG CiY QS6T. PU8tIC WORKS ADI+R`E -CTOR STi t�EE % V iQ�J�TOL. R.E. NO. �BQ6 710 MQC o4AV T/-/LIAO DRAWING NO.,q -,:je- 7 --iAe 0 4 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 _ 10:30 A.M. on the 29th day of duly 19j�, at which time they will opened and read, for performing work as follows: RESURFACING BIRCH STREET -- BRISTOL STREET TO MacARTHUR BOULEVARD 1975 -76 CONTRACT NO. 1732 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 annU Cor orate Seal sha 1� b— eyed to__ documents requiring signatures. In the case of a Partners hip, 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 q Page la The City has adopted the Standard S ecifications for Public Works Construction (1973 Edition) as prepare y the out ern Ca i orm a unapters of e 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 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. 275260 Classification A Accompanying this proposal is Bidder's Bond (Cash, Certified C ec , Cashier's Check or on i in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, -and agrees to comply with such provisions before commencing the performance of the work of this xontract. GULF OIL CORPORATION acting thaough INDUSTRIAL (714) 546 -0622 a Division of Gulf Oil o oration Phone Nu er Bi er s Name (SEAL) Aug. 18, 1975 Date ut o i e Signature ack chsel.,,liceiPres., Industria Asphalt L. M. Baker, Ass't.Secy., Gulf Oil Corporation 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: R. G. Hunt, President, Industrial Asphalt L. M. Baker, Ass't. Secy., Gulf Oil Corporation P. E. Weyrauch, Treasurer, Gulf Oil Corporation Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors 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 subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. 2. 3. 4. 5 6. 7. I B, 9. 10. 11. 12. Gulf Oil Corporation acting through Industrial As halt B 1 der 's Name S /James E. Farrell Authorized Signature Corporation Type of Organization (Individual, Co- partnership or Corp.) Santa Ana, Caliggrnia Q?7nf; Address 4 ORIGINAL SEE CITY CLERK'S FILEROPY BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, Gulf Oil Corporation acting through Industrial Asphalt, That we, a nivisinn of Gulf nil Cnrnnratinn Page 4 as Principal, and Federal Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 10% of the amount bid Dollars ($ , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of Resurfacing Birch Street - Contract No. 1732 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 23rd day of duly , 19];z_. GULF OIL CORPORATION Corporate Seal (If Corporation) acting through INDUSTRIAL ASPHALT, Division of Gulf Oil Corporation Principal s/Jack M Oechsel, Vice Pres. Industrial_ (Attach acknowledgement of Attorney -in -Fact) Asphalt, a Division of Gulf Oil Corporation Jewel J. Block, Notary Public Commission Expires January 6, 1976 Federal Insurance Company Surety Title Attorney -in -Fact 0 9 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 agree- ment 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 arrangement or agree- ment 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 materialman 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 inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. GULF OIL CORPORATION, Acting through INDUSTRIAL ASPHAIT� a niv_ of Gulf nil _ Subscribed and sworn to before me this 28th day of aujY , 19 .75 My commission expires: .lulu 6. 1979.. otary Public FOR GGINAL SEE CITY CLERK'S FILE COO Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. Subsidiary of Gulf Oil Corporation S /James E, Farrell. District Manager Signed Page 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. I97-;; Ctata pf falif nen+ of Transport (2134620 -3030 1974 County of Orange Road Department 834_2OnO 1969 County of Orange Orange Co Airport R34- ?nQ6 1972 City of Orange Strap 431 e • • Page 8 LABOR AND MATERIAL BOND Bond No. 80655626 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted August 11, 1975 has awarded to Industrial Asphalt, a Division of Gulf'Oi hereinafter designated as.the "Principal ", a contract for Bristol Street to MacArthur Boulevard - Contract No. 1732 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 Industrial Asphalt- a Division of Gulf oil Corporation as Principal,.hereinafter designated as the Contractor and ... .. . . ..................... Federal Insurance Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Dollars ($ said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION.IS SUCH, that if the person or his subcontractors, fail to pay for any materials, provisions, provender,.or other supplies or teams; used in, upon, for, or about the performance of the work contracted to be done, or for.any other work or labor thereon of any kind or for amounts due.under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee., to be fixed by the Court.as required by the Provisions of Section 4204 of the Government Code of the State of California. •e t • Page.9 (Labor and Material Bond - Continued) This bond shall inure to the benefit of any and all persons, companies, and corporation entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And the said Surety, for value extension of time, alterations to be performed thereunder or affect its obligations on this extension of time, alterations work or to the specifications. received, hereby stipulates and agrees that no change, or additions to the terms of the contract or to the work the specifications accompanying the same shall in any wise bond, and it does hereby waive notice of any such change, or additions to the terms of the contractor or to the In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 14th day of August , 19 75 OIL 1) This bond was approved by the City Council of the City of Newport Beach by motion on ae Attest: City Clerk DM USTRIAL ASPHALT, A DIVISION OF ULF OIL CORPORATION (Seal) ontractor FEDERAL INSURANCE COMPANY (Seal) (Seal) c ar o - in-Pact (Seal) ec i 2 K ° 0 o y � z �y e� ii Q Ki r m m y m d y ys a °n ° 3 M y � 7 T � 6 5 � a i A 1 P 0 88 G � G Q n� � b y ,a s s n P' enN �Gn P e m 0 z m 4" z 0 O k i � S o � B e O 0 9 a a q Z s a B � e s 0 n g X n s� d :rt tl ioi0 a r� 8 p o :ry t3 !� v a.+ t Y I �F i K i4 M k, i4 rr 0 20 Sr O Q 5 a e y e • 0 {t a a: K n m n 6 k v g e O M0 t F'� Page. 10 PERFORMANCE BOND Bond No. 80655626 Premium $137.00 KNOW ALL MEN BY THESE PRESENTS, That Executed in Triplicate WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 11, 1975 has awarded to Industrial Asphalt, a Division of Gulf Oil Corporation hereinafter designated as the "Principal ", a contract for Resurfacing Birch Street Bristol Street to MacArthur - Contract no. 1732 . in the City of Newport Beach, in strict conformity with the drawings and specifications and other contract documents now on file in the office of the City Clerk of the City of Newport Beach. WHEREAS, said Principal has executed or is about to execute said contract and the terms whereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Industrial Asphalt, a Division of Gulf Oil Corporation as Principal, hereinafter designated as the "Contractor ", and Federal Insurance Company As Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Thirty Six Thnnaand Fnnr Hundred Fifty and no /100 Dollars ($ 36,450.00 � 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. i a I S k 0 • 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 14th day of August , 19 75 -,-CUIJ) OIL CORPORATION L- ASPHALT, A DIVISION OF CORPORATION (Seal) _ 1) 1) FEDERAL INSURANCE COMPANY (Seal) ZLC. I (Seal) Richard C. Lloyd -7A ney -in-Fact (Seal) }'T- ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIXORNIA COUNTY OF.......- ._ °a...A_..Se ee .................""" an.: On this ... 14- th ..... day of ........ Au& s.t....._........... in the year one thousand nine hundred and ..... S- P— XeUty. ... t.iMe.... before me, ... ..... - ...... - ....................... JeIJ 1...J.e.._B1o. k........................... .............................., a Notary Public in and for the County of.. L.. A...n ...l..... ......... ......- .- ......residin Y therein, duly commissioned and sworn, personally appeared Rcha.rd .C. Lloyd ................ ........ ........... ........ - ...................... _ ......... known to me to be the........ Att¢rney.-ln-FBCt_. ....... .... of FEDERAL INSURANCE COMPANY, the Corporation that executed the within instrument, and also known to me to be the person........ who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of LOS AD ele3 .the day and year in this certificate first above written. Ialxx�mmxxlmnmm�nxnnnnnni .- '::WXlxxalalxxlxllnxxNlxllNf; ..._ .....- JtV-!o P J. BLOCK i ........................ _.......... • -;� Pu91s:•ql@omY Notary Pub c n and for the County of -@ Principal Office In _ OB . AAgeleB_._.- ......_...S4te of California My Com is re, ........ k..es fm;eles.Geunty ....... My Commissi ^n E>����s Jenuatr 6 1976 __ y N-xr0 Wu nn- awi.r.¢n �ry u s . 11 CONTRACT 11 Page 12 THIS AGREEMENT, made and entered into this qrH day of ��'tipTES�B�,p 19, by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and Industrial Asphalt, a Division of Gulf Oil Corporation 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 Resurfacing Birch Street - Bristol Street to MacArthur Boulevard Contract No. 1732 . 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 may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. • 0 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 ''NEW__PORT BEACH, CALIFORNIA By: limg& � , mayor GULF OIL CORPORATION acting through INDUSTRIAL ASPHALT, a Division of Gulf Oil £orooration By: VV • VY' c M. uecnsei ce President, Industrial Asphalt By: Ass't. Sec . ,Gulf Oil Corporation it e I .a �T CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RESURFACING BIRCH STREET STOL STREET TO MacARTHUR BOULEVARD 1975 -76 CONTRACT NO. 1732 INDEX TO SPECIAL PROVISIONS Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . 1 III. COMPLETION OF WORK . . . . . . . . . . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. TRAFFIC CONTROL . . . . . . . . . . . . . . . . . . . . . . . . 1 VI. NOTIFICATION OF RESIDENTS AND BUSINESSES . . . . . . . . . . . 2 VII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . 2 A. Asphaltic Concrete Patching ... . . . . . . . . . . . . . . 2 B. Asphaltic Concrete Overlay . . . . . . . . . . . . . . . . 2 C. Utility Adjustment to Grade . . . . . . . . . . . . . . . . 3 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR RESURFACING BIRCH STREET BRISTOL STREET TO MacARTHUR BOULEVARD 1975 -76 CONTRACT NO. 1732 I. SCOPE OF WORK The work to be done under this contract consists of furnishing all labor, equipment, transportation, material and services necessary to complete asphaltic concrete re- surfacing and reconstruction as shown on the plans, complete in place, including all necessary appurtenant work. Tne contract requires completion of all work in accordance with these Special Pro- visions, the Plans (Drawing No. R- 5270 -L), and the City's Standard Drawings and Specifications. The City's Standard Specifications are the Standard Specifications for Public Works Construction, 1973 Edition. Copies may be purc asTi —edam Bultding News, Inc., 3055 Overland venue, Los Ange es, California 90034, telephone (213) 870 -9871. Copies of the City's Standard Drawings and Special Provisions may be purchased from the Public Works Department at a cost of $5. II. 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. III. COMPLETION OF WORK The contractor shall complete all work on the contract within 30 consecutive calendar days after award of contract by the City Council. The contractor shall submit a construction schedule in accordance with Section 6 -1 of the Standard Specifications and the requirements of this section for review and approval. IV. PAYMENT All incidental items of work not separately described in the proposal shall be included in the unit price bid for the various items of work, and no additional compensation shall be made. V. TRAFFIC CONTROL The contractor shall provide traffic control in compliance with Section 7 -10 of the Standard Specifications. • • SP2of3 Adequate barricades shall be used to insure public safety and to prevent tracking of the tack coat or rutting of the asphalt resurfacing prior to its curing adequately for traffic use. Ingress and egress to all driveways adjoining the work shall be reasonably maintained except during the resurfacing operations and application tack coat. Work shall progress in such a manner that one lane in each direction shall remain open to vehicular traffic at all times. The contractor shall post the streets to be resurfaced twenty -four (24) hours in advance of his resurfacing operations. The City will furnish the signs; however, the contractor shall insert in black the date and time of "No Parking ". VI. NOTIFICATION OF RESIDENTS AND BUSINESSES Written notices prepared by the City shall be distributed to the affected residents and businesses by the contractor 36 to 48 hours in advance of the resurfacing. The notices shall alert the abutting resid ents and businesses of the temporary in- accessibility to their property, stating when the work will start and approximately when the street will be restored to normal vehicular use. A renotification distributed by the contractor shall be required if there are errors in distribution, false starts, acts of God, or other alterations of the distributed schedule. The City will prepare the written renotifi,cation explaining the cause for delay and stating the new schedule. VII. WATER The contractor shall make his own provisions for obtaining and applying water neces- sary 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 contact- ing the City Utilities Superintendent, Mr. Tom Phillips, at (714) 673 -2110, exten- sion 267. VI11. CONSTRUCTION DETAILS A. Asphaltic Concrete Patching City forces will complete the minor asphaltic concrete patching prior to the overlaying operations. B. Asphaltic Concrete Overlay 1. Material - -The asphaltic concrete to be furnished and placed shall- be Type III- C2- AR4000 in conformance with Section 400 -4 of the Standard Specifications. 2. Placement - -The asphaltic concrete overlay shall be placed to a compacted thickness of 2 inches in conformance with Section 302 -5 of the Standard Specifications. 3. Feather Joins - -The thickness of the asphaltic concrete shall be varied from 2 inches at 4 or 5 feet from the edge of gutter lip to 3/4 inch at the edge of gutter. At each end of the work on Birch Street, the asphaltic • • • SP3of3 concrete shall be feathered to provide a smooth transition to the existing pavement. At the intersection of Birch Street with MacArthur Boulevard, the transition shall end in a uniform line along the prolongation of the westerly curb line of MacArthur Boulevard. At side street intersections without cross gutters, the asphaltic concrete shall be feathered to a smooth transition with the existing pavement along a straight line defined by the end of curve or beginning of curve of the curb return. C. Utility Adjustment to Grade All sewer and storm drain manholes, water valve boxes, sewer cleanouts, water meter boxes and survey monument boxes shall be adjusted to finished asphaltic concrete surfacing grade in a manner similar to that described in Section 302 -5.7 of the Standard Specifications. The contractor shall pave over all existing gas, electric, telephone, and cable television facilities. Prior to starting work, the contractor shall notify the affected utilities in order that they can tie out their facilities. Al- though these facilities are to be adjusted to finished grade by the respective utility, the contractor shall be required to mark their location on the finished pavement surface. i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR IMPROVEMENTS IN CONNECTION WITH RESURFAC- ING OF BIRCH STREET, BRISTOL STREET TO MACARTHUR BOULEVARD, CONTRACT NO. 1732 WHEREAS, pursuant to the notice inviting bids for improvements in connection with resurfacing of Birch Street, Bristol Street to MacArthur Boulevard, in accordance with the plans and specifications heretofore adopted, bids were received on the 29th day of July, 1975, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is Industrial Asphalt Company of Santa Ana; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Industrial Asphalt Company of Santa Ana for the work in the amount of $36,450.00 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. ATTEST: City Cler ADOPTED this 11th day of August , 1975. Mayor DDO /bc 8/7/75 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RESURFACING BIRCH STREET BRISTOL STREET TO MacARTHUR BOULEVARD 1975 -76 CONTRACT NO. 1732 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: PR oft 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 here- by proposes to furnish all materials and do all the work required to complete Contract No. 1732 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 3200 Construct Type III- C2- AR4000 asphaltic Tons concrete overlay, including tack coat. @ ZZec& w Dollars and Cents Per ion 2. 1 Adjust sewer and storm drain Each manholes to finished grade. @ Dollars and Cents Per Each 3. 5 Adjust water valve, sewer cleanout, Each survey monument and water meter boxes. to finished grade. $ /7 'r $ '3G,000 $ $ %S-�--o @ Dol l ars and Cents $ 7.5 —° Per Each i 1 LJ TOTAL PRICE WRITTEN IN WORDS: ,��/i �y� �iYT�tausir.id �ou2 h�uf/,peed 9Dollars and Cents A (Bidder's Name �7-a9-75- ,� f Date orize ignatu e ��'?/LlCT /✓/i3•J4c -��2 CONTRACTOR'S LICENSE NO. v� % J o2 � d TELEPHONE NUMBER 7/S1- S41e, a CONTRACTOR'S ADDRESSoJ, wal- • • Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors 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 subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. nlp.vc= 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Bidder's Name Type of Organization (Individual, Co- partnership or Corp.) Address y BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, Gulf Oil Corporation act That we, a Division of Gulf_Oi through Industrial Asphalt, rooration Page 4 as Principal, and FEDERAL INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 10% of the amount bid Dollars ($ , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of Resurfacin4 Birch St. - Contract No. 1732 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, 1 it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. ti 1, IN WITNESS WHEREOF, we hereunto set our hands and seals this 23rd day of --July,. — - 19 75 Car pora�te=Sea11 If Corporation) (Attach acknowledgement of Attorney -in -Fact) GULF OIL CORPORATION acting through INDUSTRIAL ASPHALT, a Division of Gulf Oil Cor oration Principal By 6 Title FEDERAL INSURANCE COMPANY Surety 0 ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA COUNTY OF ....... _..._ Los_ Angeles .................. 60.: On Lhia........ 23rd -day of .............Ja lY ............... in the year one thousand nine hundred and... � SeKT2 tYZ.fi.ve before me, ... ..... ........ _ ... ............ k .._ ................................................. ......... . a Notary Public in and for the County of -Los .Angeles - -..... residing therein, duly commissioned and sworn, personally appeared Richard C. .... Lloyd Attorn ey -in -Fact ..._.....•_ - ................._.._.....known to me to be the..............................._ .._.............._. of FEDERAL INSURANCE COMPANY, the Corporation that executed the within instrument. and also known to me to be the person........ who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Los Angeles .the day and year in this certificate first above written. Y My Commission u.are i JEWEL J. BLOCK Notary Pubtic. Caefo.nb .....- i"nefpal-offlue in Los Angeles County in and PRINTED IN u s . fs County of of California • Certified Copy of POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York, New York, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint Richard C. Lloyd of Los kageles, California each Its true and lawful Attorney -in -Fact to execute under such designation in Its name and to affix Its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations given or executed in the course of Its business, and any Instruments amending or altering the same, and consents to the modification or alteration of any instruments referred to In said bonds or obligations. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to Its By -Laws, caused these presents to be signed by its Assistant Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 16th day of April 19 74 FEDERALINSURANCE COMPANY By STATE OF CALIFORNIA, ) County of Los Angeles, 1} Allan E. Bair Assistant Vice - President Rotha E. Coe Assistant Secretary On this 16th day of April, 1974 before me personally came Rotha E. Coe, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described In and which executed the foregoing Power of Attorney and the said Rothe E. Coe being by me duly sworn did depose and say that she resides In the City of Los Angeles, In the State of California; that she Is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company by like authority; that she Is acquainted with Allan E. Bair and knows him to be Assistant Vice - President of said Company, and that the signature of said Allan E. Bair subscribed to said Power of Attorney Is In the genuine handwriting of said Allan E. Bair and was thereto subscribed by authority of said By -Laws and in deponent's presence. O``o'ry.g Aill -•rte tj`�e \`',�\Vlo teapot$ �Cr e o e m a u IC i b b t °only ,,•y�g� j �Nar( Acknowledged and Sworn to before me ^ on the date above written Notary Public FORM 12510 (ED. I.fa) PSD 42 s (t°N) 0 0 CITY AND COUNTY OF LOS ANGELES: ss I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by Its Board of Directors on March 11, 1953 and amended May 27, 1971 and that this By -Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which It Is authorized by law or Its charter to execute, may and shall be executed In the name and on behalf of the Company either by the Chairman or the Vice - Chairman or the President or a Vice - President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided In such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice - Chairman or the President or a Vice - President or an Assistant: Vice - President, jointly with the Secretary or an Assistant Secretary, under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and Is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. Given under my hand and seal of said Company at Los Angeles, California, this 23rd day of July 19 75 Assistant Secretary 0 0 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 agree- ment 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 arrangement or agree- ment 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 materialman 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 inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this %Y�day of 19'75 . My commission expires: Y. u .................................... .................. \\.u1 \ \1 \ \1 \\ \11111 ..... _ OFFICIAL SEAL ELAINE L. TAYLOR NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires July 6. 1979 P : ......................... GULF OIL CORPORATION, Acting through INDUSWIAL ASPHALT, a Div. of Gulf Oil " ELAINE L TAYLOR Notary U lic 0 0 Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY i The undersigned submits herewith a statement of his financial responsibility. �v c3 5 / ,&i "9izr o"= 67 4/- Ova Signed 0 TECHNICAL ABILITY AND EXPERIENCE REFERENCES 0 Page 7 The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. 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