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C-1200 - Assessment District No. 51
CITY OF NEWPORT BEACH CONTRACT NO. 1200 CONTRACT DOCUMENTS 61w, WEST NEWPORT STREET AND ALLEY IMPROVEMENTS ASSESSMENT DISTRICT N0, 51 Approved by the City Council on this 12th Day of November, 1968 Za�lA -o LOUR L GIOS, ITY &LERK �E ?2� 1 PAGE 1 -A SHEET I Of 2% ' 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 11 :00 A.M., ON THE 3rd DAY Of December , 196 g AT WHICH TIME THEY WILL BE OPENED AND READ, FOR PERFORMING WORK AS FOLLOWS: West Newport Street and Alley Improvements,Assessment District No. 51 NO BID WILL BE RECEIVED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC WORKS DEPARTMENT. 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 IO PERCENT Of THE AMOUNT BID. THE DOCUMENTS INCLUDED WITHIN THE SEALED BIDS WHICH REQUIRE COMPLETION AND EXECUTION ARE THE FOLLOWINGS .1. - PROPOSAL 2. PAGE - DESIGNATION OF SUB - CONTRACTORS 3� PAGE - BIDDERS BOND 4 PAGE 9 - NON - COLLUSION AFFIDAVIT 5. PAGE 10 - CONTRACTOR S FINANCIAL STATUS THE DOCUMENTS SHALL BE AFFIXED WITH THE APPROPRIATE SIGNATURES AND TITLES OF THE PERSONS SIGNING ON BEHALF OF THE BIDDER. FOR CORPORATIONS, THE SIGNATURES OF THE PRESIDENT OR VICE PRESIDENT AND SECRETARY OR ASSISTANT SECRETARY ARE REQUIRED AND THE CORPORATE SEAL SHALL BE AFFIXED TO ALL DOCUMENTS REQUIRING SIGNATURES. IN THE CASE OF A PARTNERSHIP, THE SIGNATURE OF AT LEAST ONE GENERAL PARTNER IS REQUIRED. ALL BIDS ARE TO BE COMPARED ON THE BASIS OF THE ENGINEERS ESTIMATE. THE ESTIMATED QUANTI- TIES ARE APPROXIMATE ONLY, BEING GIVEN SOLELY AS A BASIS FOR THE COMPARISON OF 0103. NO BID WILL BE ACCEPTED FROM A CONTRACTOR WHO HAS NOT BEEN LICENSED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 9, DIVISION III OF BUSINESS AND PROFESSIONS' CODE. THE CONTRACTOR SHALL STATE HIS LICENSE NUMBER AND CLASSIFICATION IN THE PROPOSAL. PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS MAY BE OBTAINED AT THE PUBLIC WORKS DE- PARTMENT, CITY HALL, NEWPORT BEACH, CALIFORNIA, AT NO COST TO LICENSED CONTRACTORS. A NON- REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS FOR OTHERS THAN LICENSED CONTRACTORS. IT IS REQUESTED THAT THE PLANS AND SPECIAL PROVISIONS BE RETURNED WITHIN 2 WEEKS AFTER THE BID OPENING. A NON - REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF CITY OF NEWPORT BEACH STATNDARD SPECIFICATIONS. THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE ANY INFORMALITY IN SUCH BIDS. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1770 OF THE LABOR CODE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HAS ASCERTAINED THE GENERAL PREVAILING RATE Of PER DIEN WAGES IN THE LOCALITY IN WHICH THE WORK I$ TO BE PERFORMED FOR EACH CRAFT OR TYPE Of WORKMAN OR MECHANIC NEEDED TO EXECUTE THE CONTRACT AND HAS SET FORTH THESE ITEMS IN RESOLUTION NO. 6519. A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE CITY CLERK IN THE CITY OF NEWPORT BEACH. ` Page lb The following is the schedule of prevailing wage rates, 1968 -69, for a selective list of classifications. Together with the information included in the Resolution No. 6519, this schedule is to be considered a part of these contract specifications. Prevailing Wage Rates - 1968 -69 Classification (Selective Listing) (5/1/68 Carpenters 5.33 Cement Mason Journeyman 5.13 Laborers General or Construction 3.97 Asphalt Raker & Ironer 4.18 Flagman 3.97 Guinea Chaser 4.05 Laying of all non - metallic pipe 4.28 Tunnel Classifications Vibratorman, Jack Hammer, Pneumatic Tools (except driller) 4.695 Operating Engineers (711168) Oiler and signalman (Group 1) 4.68 Skiploader (Less 4/5 yd.) (Group 2) 4.92 Rodman and Chainman'(Group 3) 5.16 Instrumentman (Group 4) 5.27 Grade Checker (Group 5) 5.46 Pavement- breaker operator (Group 5) 5.46 Grade -all operator (Group 6) 5.56 Teamsters (5/19/68) Dump Truck Driver (Less than 4 yds.) 4.bb -- Water truck driver (2500 gal. to 4000 gal.) 4.83 Building and Construction trades Bricklayer & Stone Mason (5/1 /fiRl 5.30 Electrician (1/1/68) Journeyman Wireman 7th (5/23/68 Lather 5.08 Painters (7! Journeyman - spray 5 7 Pipe trades Plumber 5.79 Any classification omitted herein shall be the prevailing craft rate. Overtime, Sunday and Holiday rates are at prevailing craft rates. CITY OF NEWPORT BEACH, CALIFORNIA Laura Lagios, City Clerk WEST NEWPORT STREET AND ALLEY IMPROVEMENTS_ ASSESSMENT DISTRICT NO. 51 PROPOSAL To the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: PR 1 of 4 The undersigned declares that he has carefully examined the locations of the work, has examined the Plans and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Assessment District No. 51 in accordance with the City of Newport Beach Drawing No. R- 5137 -S (consisting of 19 sheets), the City's :S.td.Drawings and Specifications, and the Special Provisions, and that he will take in full payment therefor the following unit prices for each completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION 1. 575 LF Construct Type "A" Curb and Gutter (6" Curb Face) UNIT TOTAL @ Four DOLLARS AND CENTS $ n 1S $ 2,396.95 Per Lineal Foot 2. 30 LF Construct Type "B" Curb (6" & Variable Curb Face) @ One DOLLARS AND Nine t -six CENTS $ 1.96 $ 58.80 Per Linea Foot 3. 575 LF Sawcut and Remove Existing A.C. Pavement; Reconstruct with 6" Thick and 24" Wide P.C.C. Gutter @ Two DOLLARS AND Fort CENTS $ 2.40 $ 1,380.00 Per Linea Foot 4. 55 LF Construct A.C. Berm (6" Face) @ One DOLLARS AND Fift -one CENTS $ 1.51 $ 83.05 Per Linea oot PR2of4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 9,000 SF Sawcut and Remove Existing Driveway Approaches and Sidewalk.Sections; Reconstruct with 4" Thick P.C.C. @ No DOLLARS AND Sixty CENTS $ 0.60 $ 5,4na.nn Per Square Foot 6. 100 SF Sawcut and Remove Existing P.C.C. Sidewalk Sections; Reconstruct with 4" Thick P.C.C. @ No DOLLARS AND Sixes Per Square foot CENTS $ 0.60 $ 60.00 7. 62,500 SF Prepare Subgrade and Construct 6" Thick P.C.C. Alley Paving @ One DOLLARS AND Ten Per Square Foot CENTS $ 1.10 $ 6R,750.00 8. 1,200 LF Construct 12" Wide Variable Depth Reinforced P.C.C. Retaining Wall Under Edge of Alley Two DOLLARS AND CENTS $ 2.95 $ 3.540.00 Per Linea Foot 9, L.S. Reconstruct 9' Wide P.C.C. Alley Approach (Alley 300 h) @ Forty -five DOLLARS AND No Lump Sum CENTS $ LS $ 45.00 10, 10 Ea. Reconstruct 10' Wide P.C.C. Alley Approach @ Fifty -nine DOLLARS AND No Per Each CENTS $ 59.00 $ 590.00 ;ITEM QUANTITY uA 11 ,Ifl 11 \ITT • ITEM DESCRIPTION 11. 14 Ea. Construct 15' Wide P.C.C. Alley Approach Including Curb Returns, 24" Wide Gutter, and Adjacent Sidewalk or Driveway Approach Section 0 rK3Of4 UNIT TOTAL @ One hundred sixty -seven DOLLARS AND No CENTS $ 167.00 $ 2,338.00 Per Each 12. L.S. Reconstruct 17' Wide P.C.C. Alley Approach (Alley 258 b) @ Eighty -three DOLLARS AND No CENTS $ LS $ 83.00 Lump Sum 13. 125 LF Construct 2" x 4" Redwood Headers @ No DOLLARS AND Sevent -two CENTS $ 0.72 $ 90.00 Per Lineal Foot 14. 3,300 SF Construct 3" A.C. /4" A.B. @ No DOLLARS AND Seventy-six CENTS $ 0.76 $ 2,508.00 Per Square Foot 15. 8,600 SF Remove Existing A.C. Pavement; Construct 3" A.C. /4" A.B. @ No DOLLARS AND Eighty -seven CENTS $ 0.87 $ 7,482.00 Per Square Foot 16. 2,500 SF Adjust Existing A.C. Pavement to grade by Reconstructing with 3" Thick A.C. /Compacted Native Materials @ No DOLLARS AND Twenty -six CENTS $ 0.26 $ 650.00 Per Square Foot 17. 1,500 SF Construct Variable Thickness A.C. Feather over Existing A.C. Pavement @ No DOLLARS AND Eighteen CENTS $ _ 7(] R_ $ ?7n _ nn Per Square Foot PR4of4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. 11 Ea. Adjust Sewer Manhole to Grade @ Ninety -six DOLLARS AND No CENTS $ 96.00 $ 1,056.00 er Eac 19. 2 Ea. Adjust Sewer Cleanout to Grade @ Forty -eight DOLLARS AND no CENTS $ 48.00 $ 96.00 Per Each 20. 15 Ea. Adjust Water Valve to Grade @ Twenty -four DOLLARS AND No CENTS $ 24.00 $ 360.00 Per Each 21. 1 Ea. Adjust Survey Monument to Grade @ One hundred twenty DOLLARS AND No CENTS $ 120.00 $ 120.00 Per Each TOTAL PRICE WRITTEN IN WORDS TOTAL Ninety -Seven Thousand Three Hundred Forty -Six DOLLARS AND Ten CENTS $ 97,346.10 217/67 e. ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORK, AS INDICATED IN THIS PROPOSALS TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER, IN CASE OF A DISCREPANCY BETWEEN WORDS AND FIGURESS THE WORDS SHALL PREVAIL, IN CASE OF AN ERROR IN THE EXTENSION OF A UNIT PRICES 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 ONLY2 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 UNDERSIGNED 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 SUNDAYS AFTER HAVING RECEIVED NOTICE THAT THE CONTRACT IS READY FOR SIGNATURES THE PROCEEDS OF CHECK OR BOND ACCOMPANY- ING 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 CONTRACTORSS LICENSE N0. 1538 CLASSIFICATION A ACCOMPANYING THIS PROPOSAL IS 10% Bidders Bond CASHS CERTIFIED CHECKS CASHIER'S CHECK OR BOND IN AN AMOUNT NOT LESS THAN 10 PERCENT OF THE TOTAL 810 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 CODES AND AGREES TO COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE WORK OF THIS CONTRACT. 213/630 -6211 _ PHONE NUMBER — December 3rd, 1968 DATE 10IDDER'S AME (SEAL) (5) H. D. Coots AUTHORIZED SIGNATURE H. D. Coots - Vice President (S) Benjamin 1. Dadv AUTHORIZED SIGNATURE Benjamin L. Cady - Asst. Secretary 3000 East South Street, Iong Beach, CalifCoronration BIDDER'S ADDRESS 90805 TYPE OF ORGANIZATION (INDIVIDUALS CORPORATIONS CO—PARTNERSHIP) LIST BELOW NAMES OF PRESIDENTS SECRETARYS TREASURER AND MANAGER.IF A CORPORATIONS AND NAMES OF ALL CO— PARTNERS IF A CO— PARTNERSHIPS Sully Mi11Pr Contracting Comp A California Corporation Marshall Mcnonald - President W. Duane Rash - Vice President Dope 0. Michaels - Vice Press_ P. Mar, Benjamin L. Dady - Asst. Secretary John A Berton - Treasurer . 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 H.FD� SUBJECT TO THE APPROVAL OF THE CITY ENGINEERy 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. I ITEM OF WORK SUB- CONTRACTOR ADDRESS I._ Engineering Boyle Engineering Santa Ana, California 3!,.. 4. 5> 6. 7• 9� 10. 12 Sully Miller Contracting Company BIDDER'S NAME - (s) H. D. Coots AUTHORIZED SIGNATURE H. D. Cotts - Vice President Corporation TYPE OF ORGANIZATION (INDIVIDUALS COPARTNERSHIP OR CORPCRATION) 111 East South 5treet. Long Beach. Calif. 9181 ADDRESS I FOR ORIGINAL COPY W CITY CLERK'S FILE COPY BOND NO. 900400 (108) • PREMIUM: INCLUDED IN BBSU PAGE 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS] THAT WE, SIIIIY_MTIIFR rnNTRArTTNr rnMPANV AS PRINCIPALS AND HTr,HI ANM TN(ZIIRANf F rnMDANV j AS SURETY] ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH CALIFORNIA, IN THE SUM OFTEN PFRrFNTIIM OF THE AMOIINT RTn TN DOLLARS ( 1nT, )� 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 WEST NEWPORT STREET AND AIIEY IMPROVEMENTS ASSFSSMFNT nTSTgTr.T NO, 51 IN TOE 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 AND SUNDAY),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 EXECUTIONS THEN THIS OBLIGATION SHALL BECOME NULL AND VOIDS OTHERWISE IT DE 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 1,A DAY OF CORPORATE SEAL (IF CORPORATION) (ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) SIII I V_MTI I Po rntiTRArTTNG COMPANY PRINCIPAL ( cz) H n ron+c H. D. Coots, Vice President (c) Rondamin I nAdg Benjamin L. Dady, Assistant Secretary HTGHI ANns TNSIIRANf E COMPANY SURETY u- 1 u., TITLE IAMF74Z n PTTTmAN ATTnpNv j PAGE 5 BOND N0; 900432 LABOR AND MATERIAL BOND PREMIUM ON THIS BOND IS INCLUDh, IN THAT OF THE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED December 9, 1968 HAS AWARDED TO Sully- Miller Contracting Company 9 HEREINAFTER DESIGNATED AS THE "PRINCIPAL", A CONTRACT FOR west Newport Street and .Alley Improvements, Assessment District No. 51 (Contract 1200) IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS 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, SMALL FAIL TO PAY FOR ANY MATERIALS, PROVISIONS, PROVENDER, OR OTHER SUPPLIES OR TEAMS USED IN, UPON, FOR, OR ABOUT THE PERFORMANCE 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 FORTHC NOW, THEREFORE, WE Sully- Miller Contracting Company AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND Highlands Insurance AS SURETY, ARE HELD FIRMLY BOUND UNT Forty eight thousand six hundred seventy three F?/ 0 8OLL/100 AR$ ($ 48.673.05 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 SUBCON- TRACTORS, 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 SPECI- FIED IN THE BOND, AND ALSO, IN CASE SUIT IS BROUGHT UPON THE BOND, A REASONABLE ATTORNEYS FEE, TO BE FIXED BY THE COURT, AS REQUIRED BY THE PROVISIONS OF SECTION 4204 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. • • PAGE 6 (LABOR AND MATERIAL BOND - CONTINUED) THIS BOND SHALL INURE TO THE BENEFIT OF ANY AND ALL PERSONS, COMPANIES, AND CORPOR- ATION ENTITLED TO FILE CLAIMS UNDER SECTION 1192.1 OF THE CODE OF CIVIL PROCEDURE SO AS TO GIVE A RIGHT OF ACTION TO THEM OR THEIR ASSIGNS IN ANY SUIT BROUGHT UPON THIS BOND, AS REQUIRED BY THE PROVISIONS OF SECTION 4205 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. AND THE SAID SURETY, FOR VALUE RECEIVED, HEREBY STIPULATES AND AGREES THAT NO CHANGE, EXTENSION OF TIME, ALTERATIONS OR ADDITIONS TO THE TERMS OF THE CONTRACT OR TO THE WORK TO BE PERFORMED THEREUNDER OR THE SPECIFICATIONS ACCOMPANYING THE SAME SHALL IN ANY WISE AFFECT ITS OBLIGATIONS ON THIS BOND, AND IT DOES HEREBY WAIVE NOT -ICE 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 Alln SURETY ABOVE NAMED, ON THE 30th DAY OF December , 196. SULLY - MILLER CON/T�RACTINGG COMPANY ((SEAL) ICE (SEAL) H. D. COOTS -VICE PRES DENT z- (SEAL) CONTRACTOR BENJAMIN L. DADY - ASSISTANT SECRETARY INSURANCE_OWANY __(SEAL) 0 (SEAL)_. J S 0. PITTMAN- ATTORNEY = = (SEAL) APPROfED AS TO FORM: SURETY - - - - - --' - ITY ATTORNEY THIS BOND WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON DATE ATTEST: CITY CLERK 0 STATE OF CALIFORNIA as, COUNTY OF LOS ANGELES On A;s 30 TH day of DECEMBER '19 68 ,before me, a Notary Public, within and for said County and State, personally appeared JAMES 0, PITTMAN to me personally known, who being duly sworn, upon oath, did soy that he is the Agent and /or Attorney -in -fact of and for the HIGHLANDS INSURANCE COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Texas that the Corporate seal affixed to the foregoing within instrument is the seal of said Company; that the seal was affixed, and the said instrument was executed by authority of its Board of Direc- Aors; and the ,aid JAMES 0. F did acknowledge that he executed the said " OFFICIAL SEAL GLENN J. SALSBURY SE/IL)IARy PU1UC, GnLIFORNIA PRINC Fl,'- 0F , CE 1N LOS ANGELES COUNTY as the free act and deeo)of said Company. Notary Public My Gotntnission Elpires May 24, I'M 61010 My Commission expires STATE OF CALIFORNIA, MUM OF LOS ANGELES ON DECEMrryyBER 36. 1958 before Tee rn000TSigneA d, a Notay Public L in DADY said State, personally appeared known to me to be the of the 6ULLY- M1LLhK UUNTKAl1 "1NG UL)WANY the Corporation that executed the within Instrument, 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. omm" MURIEL Y 1 NOTARY PUBLIC - LOS AN.GELF . , s: X (TyvED OIp PXIX4£a �� 0 0 PAGE 7 BOND N0: 900432 PERFORMANCE BOND PREMIUM T 731.00 KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED December 9 1968 HAS AWARDED To Sully- Miller Contracting Company , HEREINAFTER DESIGNATED AS THE "PRINCIPAL, A CONTRACT FOR West Newport Street and Alley Improvements, Assessment District No. 51 (Contract 1200) IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS 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 THEREOF REQUIRE THE FURNISHING A BOND FOR THE FAITHFUL PERFORMANCE OF SAID CONTRACT; NOW, THEREFORE, WE, Sully- Miller Contracting Company AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR", AND Highlands Insurance AS SURETY, ARE HELD AND FIRMLY BOUND p00 , Forty eight thousand six hundred seventy three $ /D5 /1OLLARS ($ 48.673.05 , SAID SUM BEING EQUAL TO 50% OF THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID f:0. THE SAID CITY OR ITS CERTAIN ATTORNEY, ITS SUCCESSORS, AND ASSIGNS; FOR WHICH PAY- MENT, WELL AND TRULY TO BE MADE, WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND AD -? MINISTRATORS, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRE- SENTS. 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 PRO- VIDED 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 SMALL 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. PAGE S (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 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 CON- TRACT 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 ON 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 30th DAY OF December p 196 8 , SULLY-MILLER COONTTRACTING COMPANY "(SEAL) zzt / -�C 1 Ll J� (SEAL) H. D. � iDENT (SEAL) ONTRACTOR BENJAMIN L. DADY - ASSISTANT SECRETARY HIGHLANDS INSURANCE COMPANY (SEAL) .' / /\- ; /�/f�'�i (SEAL) SURETY AMES 0. PITTMAN- ATTORNEY APPROVED AS TO FORM: CITY ATTORNEY �- STATE OF CALIFORNIA ss. 'COUNTY OF LOS ANGELES t_ On this 3p Ill day of DECEMBER ig 68 before me, a Notary Public, within and for said County and Stare, personally appeared JAMES 0. PITTMAN to me personally known, who being duty sworn, upon oath, did soy that he is the Agent and/or Attorney -in -foot of and for the HIGHLANDS INSURANCE COMPANY, o corporation created, organised and existing under and by virtue of the laws of the State of Texas that the Corporate seal affixed to the foregoing within instrument is the $eal of said Company; that the seal was affixed, and the said instrument was executed by authority of its Board of Da... tars; and the sold JAMES 0. PITTMAN aid ocknowledge that he executed the said ia'ttLygr2.ps I* free ocl a.Adeerf'pf said Company. "j GLENN J. SALSBURY is AL JIA3Y PUOL!C, CALIFORNIA Pe NC-PA cF111 IN LOS ANGELES COUNTY Notary Public et ow - My Comthisaion expires My C mmWian 6pkea May 24,19111k STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 1 ON DECEMBER 30, 19 Fg- before me, the undersigned; a Notary Publio in and for said State, personally appeared H_D. COOTS AND BENJAMIN L. DADY known to me to be the Of the SULLY — MILLER GON'1'KAGl'11NG GUMYANY the Corporation that executed the within Instrument, 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. WITNES njy baqd o 'a s I. OFFICIAL SEAL I MURIEL V— STvTiTK LOS ANGF I "" "' ;9 NAME (TYPED M PRINTED NohrY Public in ald for said State PAGE 9 NON- COLLUSION AFFIDAVIT THE BIDDERS, BY ITS OFFICERS AND AGENTS OR Rg.1RESENTATIVES PRESf fft AT THE TIME OF FILING THIS BID, BEING DULY SWORN ON THEIR OATHS SAY, THAT NEITHER THEY NOR ANY OF THEM, HAVE IN ANY WAYS DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGEMENT OR AGREEMENT WITH ANY OTHER BIDDER, OR WITH ANY PUDLIC OFFICER OF SUCH CITY OF NEWPORT BEACH WHEREBY SUCH AFFIANT OR AFFIANT,S 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 AF- FIANTS 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 AT- TACKED BIDS; THAT NO 810 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 SUB- CONTRACTOR 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 TM.I:; _. 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 510. r' (s� H D CoQt6 H.D. Coots, Vice President (s} Benjamin L Duly Benjamin L. Dady, Assistant Secretary SUBSCRIBED AND SWORN TO BEFORE ME BY THIS 3rd DAY OF Dpramhar. , '• MY COMMISSION EXPIRES: March 29. 1970 (s) OTARY PUBLIC FOR ORIGINAL COPY ,E CITY CLERK'S FILE COPY • .. PAGE 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE (THE BIDDER IS REQUIRED TO STATE WHAT WORK OF A SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT HE HAS SUCCESSFULLY PERFORMED AND GIVE REFERENCE WHICH WILL ENABLE THE CITY COUNCIL TO JUDGE HIS RESPONSIBILITY. EXPERIENCES SKILLS AND BUSINESS STANDING.) THE UNDERSIGNED SUBMITS HEREWITH A STATEMENT OF HIS FINANCIAL RESPONSIBILIT.Y. THE UNDERSIGNED SUBMITS BELOW A STATEMENT OF THE WORK OF SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT WHICH HE HAS SUCCESSFULLY PERFORMED. City of Long Beach Improvement of alleys Various locations under 1911 Act Contracts (s) H. D. Coots 5 IGNED CONTRACT FOR CONSTRUCTION OF STREET AND ALLEY IMPROVEMENTS IN WEST NEWPORT (City of Newport Beach Assessment District No. 51) THIS AGREEMENT is made and entered into this d—N' day of 41U A 669, 11W, by and between SULLY MILLER CONTRT CTING COMPANY, a Calitornia corporation, hereinafter referred to as 'Contractor ", and JOSEPH T. DEVLIN as Superintendent of Streets of the City of Newport Beach, California, acting under the authority granted to him as such officer under the provisions of the "Improve - ment Act of 1911 ". Division 7 of the Streets and Highways Code of the State of California, hereinafter referred to as "Superintendent ", RECITALS: 1. On December 9, 1968, the City Council of the City of Newport Beach awarded a contract to Contractor for the construction of street and alley improvements in the West Newport area of the City of Newport Beach, hereinafter referred to as "City ", in Assessment District No, 51. 2. The work to be performed pursuant to said contract is. set forth and described in Resolution of Intention No. 6879 adopted by the City Council of the City of Newport Beach on the 7th day of October, 1968, and in the plans and specifications referred to in said Resolution. NOW, THEREFORE, the parties agree as follows: 1. Contractor agrees with Superintendent to furnish all materials and labor for the construction of the project known as "West Newport Street and Alley Improvements, Assessment District No, 51 ", and to perform and complete in a good and workmanlike manner all the work pertaining thereto as shown on the plans and specifications for said work. Contractor further agrees to commence said work within thirty (30) days from the date,hereinabove first written, and to complete all of said work within one hundred and twenty (120) consecutive calendar days from the date hereinabove first written, or within such further time as may be granted by the City Council of the City of Newport Beach, and that said work' and improvement shall be turned over to the Superintendent ready for use and free of all claims and demands filed pursuant to Section 5292 of the Streets and Highways Code for or on account of any and all materials, provisions, equipment rental or labor on said project, PROVIDED that if the Contractor disputes the correct- ness or validity of any claim filed, he may presort to the Superin- tendent a surety bond to protect against any of such claims pursuant to the provisions of Sections 5295 and 5296 of the Streets and Highways Code. 2. Superintendent agrees that he will duly make and issue a diagram, assessment and warrant for the total amount of the 0 0 cost and expenses of the work, including all incidental expenses as are necessarily incurred and chargeable to the work under these proceedings and authorized by the provisions.of.the "Improvement Act of 1911 ", and PROVIDED FURTHER that Contractor agrees to advance to the Superintendent at the time of the execution of this agreement the cost of publication of the notices, resolutions, orders and materials required to conduct the proceedings under the "Improvement Act of 1911 ", together with all other incidental expenses incurred up to the time of entering into the contract. For furnishing all materials and labor and performing all of the work contemplated by this agreement, as well as for all loss and damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the course of the work until its acceptance by the City and for all risks of every description connected with the work, the Superintendent will pay the Contractor full compensatioD for the work performed pursuant to this agreement on the basis of the unit prices shown on the bid proposal submitted by the Contractor. 3. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, Plans and Specifications, and all amendments thereto, the special provisions and the applicable provisions of the City.'s Standard Specifications, are hereby incorporated in and made a part of this agreement by reference. . 4, Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rate of wages for each craft or type of workman needed to perform this contract, and a schedule containing such information is included in the Invitation to Bidders and is incorporated herein by reference. Contractor agrees to pay not less than such rate of hourly wages for each craft or type of workman. 5, The Contractor shall assume the defense of and indemnify and save harmless the City, the Superintendent of Streets, 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 responsibility 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. 6. Pursuant to Section 5285 of the Streets and Highways Code, it is expressly stipulated and agreed that in no case will the City, the Superintendent of Streets, or any officer thereof be liable for any portion of the expense nor for any delinquencies of persons or property assessed in connection with Assessment District No. 51. IN WITNES$ WHEREOF, the parties hereto have caused this I.. , I :n agreement to be executed the day and year first above written. ATTEST: Cury er c APPROVED AS TO FOR14: ty Attorney CITY OF NEWPORT BEACH i SULLY MILLER CONTRACTING COMPANY By: :�L'Loo H. D. COOTS -VICE PRESIDENT By: BENJMIN L. DADY - ASSISTANT SECRETARY (Seal) fY STATE OF CALIFORNIA, ]} 1 1il COUNTY OF LOS ANGELES 1 _ Ofl UECRfIP16s0 I9— 68 before me the undersigned a Notary Public m and for said State, personally appeared HN COOTS AND BENJAMIN L. DADY known to me to be the of the SULLY— MILLhK LWY-1- KAI;'UNU I;UMYANY the Corporation that executed the within Instrument, 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. my A�9'712 _ MURIEL V. I ilCrpcf f'U9:iC- C _ LOS ANGELS spy Commission E1.0m Sept Not aryt l MDmQfaisNeC GRAflING PAVING: ,III �i 3000 EAST SOUTH STREET, I.O. BOX $399, LONG REACH, CALIFORNIA 90805 - 630-6211 - 774-0714 December 30, 1968 City of Newport Beach 3300 Newport Blvd. Newport Beach, California Attention: City Clerk Gentlemen: This is to certify that the following is an exact excerpt from the minutes of the Special Meeting of the Board of Directors of Sully- Miller Contracting Company, held February 29, 1968: "Resolution was adopted authorizing the Officers to execute quotations and /or contracts on behalf of the Company." Following is a list of the Officers of Sully - Miller Contracting Company: Marshall Mc Donald, President P. L. Luce, Senior Vice President W. Duane Rash, Vice President Donn 0. Michaels, Vice President $ Manager R. F. Molyneux, Vice President H. D. Coots, Vice President Benjamin L. Dady, Assistant Secretary Howard Rash, Assistant Secretary John A, Berton, Treasurer J. 0. Pittman, Controller Your truly, SUULLLY- MILLER CONTRACTING COMPANY Benjamin L. Dady - — Assistant Secretary BLD:bb � ..:...,. ., .�v�:. ... ... _. �. .!3�+.Xi.•a(s_tEY9o-r a,._.b..'cl.�v',.a-4ss�.?_.e ...�.,�.�ase_u�v Certificate of Workmen's Compensation Coverage Sully Miller Contracting Company 3000 East South Street, P.O. Box 6399 Long Beach, California 90805 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA RE: WEST NEWPORT STREET AND ALLEY IMPROVEMENTS, ASSESSMENT DISTRICT NO. S1 (CONTRACT 1200) Date: DECEMBER 30 , 1968 This is to certify that Sully Miller Contracting Company is self - insured under provisions of the California Workmen's Compensation Law and has in its files Certificate of Consent to Self- insure No.1130, issued October 1, 1967 by the Director of Industrial Relations of the State of California. This coverage will not be canceled except o 30 day advanc dae written notice to you. By C_ Title JO A. BERTON- TREASURER Form 6828M (New 10/67( CERTIFICATE OF INSURANCE TO: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA union THIS IS TO CERTIFY that the following insurance policies have been issued to UNION OIL COMPANY OF CALIFORNIA and its subsidiary SULLY - MILLER CONTRACTING COMPANY and that said contract of insurance, subject to its respective terms and conditions, affords Bodily Injury and Property Damage Liability insurance for all operations, including the ownership, maintenance or use of automobiles. AETNA CASUALTY & SURETY COMPANY COMBINED SINGLE LIMIT TERM POLICY NO. 33AL 75127SR(Y) BODILY INJURY AND PROPERTY October 1, 1968 to DAMAGE, INCLUDING BLANKET November 1, 1969 CONTRACTUAL, Each Accident or Occurrence - $50,000.00 MARSH & McLENNAN, INC. of California t BY4 e "� Agent UNDERWRITERS AT LLOYD'S AND /OR COMBINED SINGLE LIMIT TERM INSURANCE COMPANIES THROUGH BODILY INJURY AND PROPERTY October 1, 1968 to SWETT & CRAWFORD DAMAGE, INCLUDING BLANKET November 1, 1969 CERTIFICATES NOS. 41830 AND CONTRACTUAL, Each Accident or 104798 Occurrence _ $ 950,000.00 Excess of $ 50,000.00 SWETT & _CRAAkffGRRD _ _ BY BY • '- . -F��� Agent ADDITIONAL INSURED: The party or parties to whom this Certificate of Insurance is issued ish=xRn covered as Insured(s) under the terms of the contract of insurance described above. If so covered, the insurance with respect to such party or parties is subject to all of the terms and conditions of said contract of insurance and to the special conditions, if any, stated below. SPECIAL CONDITIONS: Applicable as respects West Newport Street and alley improvements, Assessment District No. 51 (Contract 1200). "It is hereby understood and agreed that the Policy to which this certificate refers may not be cancelled, materially changed, nor the __-____________________-___.....-................................ ...... ...... ........ .......... .................. v.................... ............... .. .......... .... �cat�cac��cx�c�; x�scxs�Ax�sts�c��c�cxa�x�xs�stx�c�c��xxx�t�C�x����sx� %x�csc��x��x #��x��x�k�x�xxx 6taFkQXX4t�XCjCX1X4C X7CC4dC4C4C4 CXpIA4(4(�CX4t�CX9[4[X)CSC§CXX amount of coverage thereof reduced, nor the policy allowed to lapse until ten (10) days after receipt by the City Clerk of the City of Newport Beach, City Hall, Newport Beach, California, of a registered written notice of such cancellation or reduction in coverage." DATED: December 30 1968 Los Angeles, California i i � I 1 ! i=10N NO . 6 91 2 _- 2 A RESOLUTION � W CITY COUNCIL OF THE CITY OF NEWPORT BEACIMAUARDIM A CONTRACT FOX TO 3( WORE IN ASSRSSMENT DISTRICT NO. 51 PU TO THE "IMPROVEMENT ACT OF 1911" 4 5 WHEREAS, the City Iesit has opened, examined and 6+declared all sealed proposals rt bids at a public meeting held on 7i December 3, 1968, and has reported the results of 6Ne bidding to 8�the City Council; and 9 WHEREAS, said work coasists of the construction of 10 street improvements consisting of paving, curbs, gutto.rs, sidewalks, 11 drains, conduits, culverts and channels for drainage purposes in 12 certain streets and alleys and the adjustment of grades, all as 13 more particularly described in Resolution of Intention Xo. 6879 14 adapted by the City Council on October 7, 1968, and Resolution of 15 Intention No. 6886 adopted by the City Council on October 28, 1968, 16 ordering certain changes in the territory to be included in said 17 assessment district, and in accordance with the plans, drawings and 18 specifications referred to in said resolutions, 19 NOW, THEREFORE, the City Council of the City of Newport 20 Beach does hereby resolve and order as follows; 21 The City Council hereby awards the contract for said 22 work to the lowest, regular and responsible bidder, to wit; 23 Sully - Miller Contracting Company, at the prices set forth in its 24 bid which is on file in the office of the City Clerk. 25 The City Clerk is hereby directed to cause a Notice of 26I Award of Contract to be published in the manner and form required 271.by law in the Newport harbor Ensign. i 2811 ADOPTED this Y tt, day of 1968. ii 29 it 30 31 1ATEST: 1" yor u 32 j City Clerk F g • 4 TYNE May 12, 1969 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1200 Description of Contract W Newport Street 6 Alley bVrovemartts Authorized by Resolution No. 6912 , adopted on 12 -9-66 Effective date of Contract January 2, 1969 Contract with Sully-miller Omtrscting OMPM►y Address 3000 East South Street - P. 0. Box 5999 Long Beach, Calif. Pmount of Contract $97,346.10 ity Clerk ` M - * Joseph Public Works Director KLP/ldg Att. Ea January., 2- 69: TO: CITY CLERK FROM: Public Works Department'.' SUBJECT: ASSESSMENT DISTRICT NO. 5T Ii`cintract 1200) ly Attached is Company for the original of the coact with Sully; -Miller Contracting subject, t contract. One copy of the *c ontract will .be retained*�by will be returned to th' e this toffi.c e, and -w two co contractor. - * Joseph Public Works Director KLP/ldg Att. T CITY OF NEWPORT BEACH CONTRACT NO. 1200 CONTRACT DOCUMENTS FOR WEST NEWPORT STREET AND ALLEY IMPROVEMENTS ASSESSMENT DISTRICT NO. 51 tipproveu By unci1 I on this 12th Day of November, 1968 CLu�Lac� 2oayas� L UR L IOS, CITY &LERK • PAGE I -A (SHEET I OF 2) CITY OF NEWPORT BEAUS CALIFORNIA NOTICE INVITING BIDS SEALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE CITY CLERK.. CITY HALL., NEWPORT BEACH CALIFORNIA.. UNTIL 11:00 A.M., ON THE 3rd DAY OF December 196 $ AT WHICH TIME THEY WILL BE OPENED AND READS FOR PERFORMING WORK AS FOLLOWS: West Newport Street and Alley Improvements.Assessment District No. 51 NO BID WILL BE RECEIVED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC WORKS DEPARTMENT. EACH BID MUST BE ACCOMPANIED BY CASH CERTIFIED CHECK OR BIDDERS BOND MADE PAYABLE TO THE CITY OF NEWPORT 13EACHO FOR AN AMOUNT EQUAL TO AT LEAST 10 PERCENT OF THE AMOUNT 810. THE DOCUMENTS INCLUDED WITHIN THE SEALED BIDS WHICH REQUIRE COMPLETION AND EXECUTION ARE THE FOLLOWING: 1. - PROPOSAL 2. PAGE 4 - DESIGNATION OF SUB - CONTRACTORS PAGE (I - BIDDER'S BOND PAGE 9 - NON - COLLUSION AFFIDAVIT 5. PAGE IO - CONTRACTOR'S FINANCIAL STATUS THE DOCUMENTS SHALL BE AFFIXED WITH THE APPROPRIATE SIGNATURES AND TITLES OF THE PERSONS SIGNING ON BEHALF OF THE BIDDER. FOR CORPORATIONS$ THE SIGNATURES OF THE PRESIDENT OR VICE PRESIDENT AND SECRETARY OR ASSISTANT SECRETARY ARE REQUIRED AND THE CORPORATE SEAL SMALL BE AFFIXED TO ALL DOCUMENTS REQUIRING SIGNATURES. IN THE CASE OF A PARTNERSHIPS THE SIGNATURE OF AT LEAST ONE GENERAL PARTNER IS REQUIRED. ALL BIDS ARE TO BE COMPARED ON THE BASIS OF THE ENGINEER'S ESTIMATE. THE ESTIMATED QUANTI- TIES ARE APPROXIMATE ONLY: BEING GIVEN SOLELY AS A BASIS FOR THE COMPARISON OF BIDS. NO BID WILL BE ACCEPTED FROM A CONTRACTOR WHO HAS NOT BEEN LICENSED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 9, DIVISION III OF BUSINESS AND PROFESSIONS' CODE. THE CONTRACTOR SHALL STATE HIS LICENSE NUMBER AND CLASSIFICATION IN THE PROPOSAL. PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS MAY BE OBTAINED AT THE PUBLIC WORKS DE- PARTMENT, CITY HALLS NEWPORT BEACH, CALIFORNIAO AT NO COST TO LICENSED CONTRACTORS. A NON- REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF PLANSp SPECIAL PROVISIONSX AND CONTRACT DOCUMENTS FOR OTHERS THAN LICENSED CONTRACTORS• IT IS REQUESTED THAT THE PLANS AND SPECIAL PROVISIONS BE RETURNED WITHIN 2 WEEKS AFTER THE BID OPENING. A NON- REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF CITY OF NEWPORT BEACH STATNDARD SPECIFICATIONS. THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE ANY INFORMALITY IN SUCH BIDS. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1770 OF THE LABOR CODE, 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 OR TYPE OF WORKMAN OR MECHANIC NEEDED TO EXECUTE THE CONTRACT AND HAS SET FORTH THESE ITEMS IN RESOLUTION NO. 6519• A COPY OF SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF THE CITY CLERK IN THE CITY OF NEWPORT BEACH. .. t F Page lb The following is the schedule of prevailing wage rates, 1968 -69, for a selective list of classifications. Together with the information included in the Resolution No. 6519, this schedule is to be considered a part of these contract specifications. Prevailing Wage Rates - 1968 -69 Classification (Selective Listing) (5/1/68 Car oenters 5.33 Cement Mason Journeyman 5.13 Laborers General or Construction 3.97 Asphalt Raker & Ironer 4.18 Flagman 3.97 Guinea Chaser 4.05 Laying of all non - metallic pipe 4.28 Tunnel Classifications Vibratorman, Jack Hammer, Pneumatic Tools (except driller) 4.695 Operating Enaineers (7/l/68) Oiler and signalman (Group 1) 4.68 Skiploader (Less 4/5 yd.) (Group 2) 4.92 Rodman and Chainman "(Group 3) 5.16 Instrumentman (Group 4) 5.27 Grade Checker (Group 5) 5.46 Pavement- breaker operator (Group 5) 5.46 Grade -all operator (Group 6) 5.56 Teamsters (5/19/68) Dump Truck Driver (Less than 4 yds.) 4.65 — Water truck driver (2500 gal. to 4000 gal.) 4.83 Building and Construction trades Bricklayer & Stone Mason (5/1/68) 5.30 Electrician (1/1/68) Journeyman Wireman 6.75 (5/23/68 Lather 5.08 Painters (7/1/68) Journeyman - spray 5.79 Pipe trades Plumber 5.79 Any classification omitted herein shall be the prevailing craft rate. Overtime, Sunday and Holiday rates are at prevailing craft rates. CITY OF NEWPORT BEACH, CALIFORNIA I Laura Lagios, City Clerk To the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Gentlemen: Ll WEST NEWPORT STREET AND ALLEY IMPROVEMENTS ASSESSMENT DISTRICT NO. 51 PROPOSAL PRIof4 The undersigned declares that he has carefully examined the locations of the work, has examined the Plans and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Assessment District No. 51 in accordance with the City of Newport Beach Drawing No. R- 5137 -S (consisting of 19 sheets), the City's .S.td.Drawings and Specifications, and the Special Provisions, and that he will take in full payment therefor the following unit prices for each completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 575 LF Construct Type "A" Curb and Gutter (6" Curb Face) r @ �� >U Y DOLLARS DOL CENTS $ 2,s Per Lineal Foot 2� 30 LF Construct Type "B" Curb (6" & Variable Curb Face) @ DOLLARS AND CENTS Per XineaT Foot 3. 575 LF Sawcut and Remove Existing A.C. Pavement; Reconstruct with 6" Thick and 24" Wide P.C.C. Gutter @_ % GUO DOLLARS 7f �!� AND CENTS $ p cG PeV Lineal Foot 40 55 LF Construct A.C. Berm (6" Face) @ Oil G! DOLLARS AND CENTS $ Per Lineal Foot ITEM QUANTITY 5. 0 7. [Q 0 10 9,000 SF 100 SF 62,500 SF 1,200 LF 0 ITEM DESCRIPTION Sawcut and Remove Existing Driveway Approaches and Sidewalk Sections; Reconstruct with 4" Thick P.C.C. 0 PR2of4 UNIT TOTAL @ /f0 DOLLARS AND ` 9 CENTS $ D i $ 5ZIJO, J Per Square Foot Sawcut and Remove Existing P.C.C. Sidewalk Sections; Reconstruct with 4" Thick P.C.C. @ DOLLARS ll AND o Cp CENTS er Square Foot Prepare Subgrade and Construct 6" Thick P.C.C. Alley Paving @ OrJ DOLLARS AND r / CENTS $ A $ �/�lSD Per Square Foot Construct 12" Wide Variable Depth Reinforced P.C.C. Retaining Wall Under Edge of Alley @ DOLLARS / AND / ✓i%1Grl� ��i !/� CENTS $ Z, — $ 3�?� ✓ P& Linea Fool t L.S. Reconstruct 9' Wide P.C.C. Alley Approach //(Alley 300 h) @ DOLLARS AND //U CENTS Lump Sum 10 Ea. Reconstruct 10' Wide P.C.C. Alley Approach @ i % ✓/ I7G_ DOLLARS AND 11(2 CENTS Per Each $ Z_ ,; - $ q5, "° $ s9 ©o : $ s • • VK3of4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 14 Ea. Construct 15' Wide P.C.C. Alley Approach Including Curb Returns, 24" Wide Gutter, and Adjacent Sidewalk or Driveway Approach Section 12. 13, 14 15. 16. 17 @ Or, %///14�� CL m . Si rf1/ 5� AOD ARS CENTS $ li�v 7, $ Per Each ' L.S. Reconstruct 17' Wide P.C.C. Alley Approach (Alley 258 b) @ DOLLARS AND CENTS Lump Sum 125 LF Construct 2" x 4" Redwood Headers $ G S $ @ /YO DOLLARS AND v 1 ar> CENTS $ D, $ 90, ` ✓ Per Lineal Foot 3,300 SF Construct 3" A.C. /4" A.B. @ ND DOLLARS // AND �� �. J i fi CENTS $ lJ, $ z�D� Pe Square Foot 8,600 SF Remove Existing A.C. Pavement; Construct 3" A.C, /4" A.B. @ / ✓/) DOLLARS AND Fi�G7 z/ .Sli Y't�G CENTS er Square Foot 2,500 SF Adjust Existing A.C. Pavement to grade by Reconstructing with 3" Thick A.C. /Compacted Native Materials 7 J $��1 „✓ @ DOLLARS AND CENTS $ ey, 7� $ SD- P r Square Foot 1,500 SF Construct Variable Thickness A.C. Feather over Existing A.C. Pavement @ /1r d DOLLARS AND �8v Gt7 Qi� CENTS $ d, $ y %D, Per Square Foot C� ITEM QUANTITY ITEM DESCRIPTION 18� 11 Ea. Adjust Sewer Manhole to Grad e /r / @ //rl S / A- DOLLARS AND //O CENTS Per Each 19, 2 Ea, Adjust Sewer Cleanout to Grade / J @ DOLLARS AND / ✓d CENTS er Eac 20, 15 Ea, Adjust Watery Valve to Grade @ F /)UY DOLLARS AND CENTS Per Eac 21. 1 Ea. Adjust Survey Monument to Grade PR4of4 UNIT TOTAL $ 9lo,��o . $ / z7 r�, $ $ q�, — ✓, $ a Z/ :- $�e? j @Or/� f/vi7�rrlm %GUG l ��� DOLLARS AND CENTS $ Per Each TOTAL PRICE WRITTEN IN WORDS TOTAL N/n 04 E yce ihn� SGrCd �ii�r.G /��i�/i�r�C� �� r�t1 S /DOLLARS AND ps/; CENTS $ .,ss 217A7 , ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORKS AS INDICATED IN THIS PROPOSALS 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 PRICES 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 EMISSIONS ON THE PART CF THE UNDERSIGNED IN MAKING UP THIS BID. THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXE'-'J T1-IE REQUIRED CONTRACT WITH NECESSARY BONDS WITHIN TEN (IO) DAYS., NOT INCLUDING SUNDAY, AFTER HAVING RECEIVED NOTICE THAT THE CONTRACT IS READY FOR SIGNATURE, THE 6Pa OCEEDS CF CHECK OR BOND ACCOMPANY- ING THIS BID SHALL BECOME THE PROPERTY OF THE CITY OF NEWF:,RT BEACH. LICENSED IN ACCORDANCE WITH THE STATUTES OF THE STATE OF CALIFORNIA PROVIDING _FOR THE REGISTRATION OF CONTRACTORS., LICENSE NO. /S_s CJ CLASS 3F IC.RT ION ACCOMPANYING THIS PROPOSAL I LCASHS CERTIFIED CHECK, CASHIER S CHECK OR IN AN AMOUNT NOT LESS THAN IO PERCENT OF THE TOTAL BID PRICE. THE UNDERSIGNED IS AWARE OF THE PROVISIONS OF SECTION jiOC OF THE LABOR CODE WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FCR WORKMEN'S COMPENSATION OR TO UNDERTAKE SELF-INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT ri'✓DES AND AGREES TO COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE 0 >7 THE WORK OF THIS CONTRACT. " �/ SULLY MILLER CONTRACTING c „U it .ah I_ PHONE NUMBER s BIDDER`S NAME - -- DATE SEAL) tZED SIGNAT°wRE —VICE PRESIDENT Z� A U'u'C -IOF. 6 ZED S I G AT U.RE BENJAMIN L. DADY - ASST. SECRETARY n ��nr on n-rn .!O[{T 1nFlry n SEACH, Cvr or�r �as, BIDDER 'S ADDRESS TYP OF ORGANIZATION ( INCIVIDU:AL, C*RPC;RATICNS CO-PARTNERSHIP) (LIST BELOW NAMES OF PRESIDENTS SECRETARY., TREASURER AND MANAGER IF A COR ?ORATIONS AND NAMES OF ALL COPARTNERS IF A CO- PARTNERSHIP8 SULLY MILLE A CALIFORNIA CORPORATION MARSHALL &DONAr.n _ RRESM)EW W. DUANE RASH - VICE PRESIDENT DONN O. MIC ENJAMLV L. DADY - ASST. SECRETARY JOHN A. BERTnIN _ Tun.SUREA e 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. r ITEM OF WORK SUB- CONTRACTOR ADDRESS a 5 6 7 8 9 10 Iz. SULLY MILLER =N l RAr: t i? G Y BIDDER'S NAME 1 AUTHOR IZ�� a- lO�" e'ih TYPE OF OR ANIZATION (INDIVIDUALO COPARTNERSHIP OR CORPC)tATION) 3000 EAST SOUTH STREET. LONG BEACH, CAUF.'9W ADDRESS BOND NO: 900400 (108) ~ _ PREMIUM: INCLUDED IN BBSU PAGE 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, THAT WE, SULLY- MILLER CONTRACTING COMPANY , AS PRINCIPAL, AND HIGHLANDS INSURANCE COMPANY , AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE SUM OF TEN PERCENTUM OF THE AMOUNT BID IN DOLLARS ($ 100 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 !_ WEST NEWPORT STREET AND ALLEY IMPROVEMENTS ASSESSMENT DISTRICT NO, 51 IN T;IE CITY OF NEWPORT BEACH, 15 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 (Z) BONDS DESCRIBED IN THE "NOTICE INVITING BIDS" WITHIN TEN (10) DAYS NOT INCLUDING SATURDAY AND SUNDAY).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 3rd DAY OF DECEMBER CORPORATE SEAL (IF CORPORATION) (ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) It TITL SULLY- MILLER CONTRACTING COMPANY PRINCIPAL MQRLANDB INSURANCE COMPANY STATE OF CALIFORNIA _ ss. COUNTY of LOS ANGELES on this 3rd day of DECEMBER -19 68 before me, a Notary Public, within and for said County and State, personally appeared JAMES 0. PITTMAN to me personally known, who being duly sworn, upon oath, did say that he is the Agent and /or Attorney -in -fact of and for the HIGHLANDS INSURANCE COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Texas that the Corporate seal affixed to the foregoing within instrument is the seal of said Company; that the seal was affixed, and the said instrument was executed by authority of its Board of Direc- tors; and the said TAMFS Q PTTTMAN —L—... o 1- 1-- a h uip tithe tajd ytsir ant as the free act and deed of said Company. OFFICIAL SFAL �\ l R. BARKLEY TACKITT - NL rAM PUBLIC CALIFORNIA Notary Pu PRINCIPAL OFFICE IN LOS ANGELES COUNTY ii,,Wy Commission Expires March 29, 1979 My Commission expires �i STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ( SS. ON DECEMBER 3rd 19 68 I before me, the undersigned, a Notary Public in and for said State, personally appeared { H.D. COOTS AND BENJAMIN L. DADY known to me to be the - of the SULLY- M1LL&K UUN'1KAUILNU CUMPANY OFF'(-'AL SEAL I the Corporation that executed the within Instrument, known to me to be the person who R. BARKLEY TACKITT executed that e h within Corporation executed de behalf of the Corporation, therein named, and acknowledged PU3L--- CALIFORNIA p X4 ELES COUNTY My Commission Expires M.mir 29, 1 WITNESS my hand and official seal. Notary �YIII .LINNCIr1�iA(PWLUW- �rlplp[p fpLi !(NIILI. )Of 0 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT PAGE 5 WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED HAS AWARDED HEREINAFTER DESIGNATED AS THE "PRINCIPAL" A CONTRACT FOR IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS 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 PERFORMANCE 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, l!E AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND AS SURETY, ARE HELD FIRMLY BOUND UNTO f DOLLARS lW I, 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 ADMINISTRATOR5, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE PERSON OR HIS SUBCON- TRACTORS-, 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 SPECI- FIED IN THE BOND, AND ALSO, IN CASE SUIT IS BROUGHT UPON THE BOND, A REASONABLE ATTORNEY fS FEE, TO BE FIXED BY THE COURT, AS REQUIRED BY THE PROVISIONS OF SECTION 42o4 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. PAGE G (LABOR AND MATERIAL BOND - CONTINUED) THIS BOND SHALL INURE TO THE BENEFIT OF ANY AND ALL PERSONS) COMPANIES) AND CORPOR- ATION ENTITLED TO FILE CLAIMS UNDER SECTION 1192.1 OF THE CODE OF CIVIL PROCEDURE SO AS TO GIVE A RIGHT OF ACTION TO THEM OR THEIR ASSIGNS IN ANY SUIT BROUGHT UPON THIS BOND' AS REQUIRED BY THE PROVISIONS OF SECTION 4205 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. AND THE SAID SURETY) FOR VALUE RECEIVED) HEREBY STIPULATES AND AGREES THAT NO CHANGE) EXTENSION OF TIME) ALTERATIONS OR ADDITIONS TO THE TERMS OF THE CONTRACT OR TO THE WORK TO BE PERFORMED THEREUNDER OR THE SPECIFICATIONS ACCOMPANYING THE SAME SHALL IN ANY WISE AFFECT ITS OBLIGATIONS ON THIS BOND) AND IT DOES HEREBY WAIVE NOTICE OF ANY SUCH CHANGE) EXTENSION OF TIME) ALTERATIONS OR ADDITIONS TO THE TERMS OF THE CONTRACTOR OR TO THE WORK OR TO THE SPECIFICATIONS. IN THE EVENT THAT ANY PRINCIPAL ABOVE NAMED EXECUTED THIS BOND AS AN INDIVIDUAL) IT IS AGREED THAT THE DEATH OF ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY FROM ITS OBLIGATIONS UNDER THIS BOND. IN WITNESS WHEREOF) THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL tlmn SURETY ABOVE NAMED) ON THE DAY OF ) 196 APPROVED AS TO FORM: CITY ATTORNEY THIS BOND WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON DATE ATTEST: CITY CLERK (SEAL) (SEAL) (SEAL) CONTRACTOR RETY (SEAL) SEAL) (SEAL) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT 11 PAGE 7 WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOP HAS AWARDED T HEREINAFTER DESIGNATED AS THE "PRINCIPAL", A CONTRACT FOR IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS 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 THEREOF REQUIRE THE FURNISHING A BOND FOR THE FAITHFUL PERFORMANCE OF SAID CONTRACT; NOW, THEREFORE, WE, AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR "� AND AS SURETY, ARE HELD AND FIRMLY BOUND UNTO V� v .. ,yI N�THt SUM OF DOLLARS ( SAID SUM BEING EQUAL TO 50% OF THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID T:0 THE SAID CITY OR ITS CERTAIN ATTORNEY, ITS SUCCESSORS, AND ASSIGNS; FOR WHICH PAY- MENT, WELL AND TRULY TO BE MADE, WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND AD' MINISTRATORS, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRE- SENTS. 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 PRO- VIDED 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. PAGE H (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 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 CON- TRACT 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 ON ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY FROM ITS OBLIGATIONS UNDER THIS BOND. IN WITNESS WHEREOF, THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL AND SURETY ABOVE NAMED) ON THE DAY OF , 196_ APPROVED AS TO FORM: CITY ATTORNEY EAL) (SEAL) (SEAL) CONTRACTOR (SEAL) (SEAL) SURETY PAGE g 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 SAYS 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 AF- FIANTS OR EITHER OF THEM HAS NOT DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGE- MENT OR AGREEMENT WITH ANY OTHER BIDDER OR BIDDERSY WHICH TENDS TO OR DOES LESSEN OR DESTROY FREE COMPETITION IN THE LETTING OF THE CONTRACT SOUGHT FOR BY THE AT- TACHED 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 SUB- CONTRACTOR 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 CONTRACTS NOR HAS TH.I BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVER, WITH ANY PERSON WHOMSOEVER TO PAY, DELIVER TOE 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 ;rd oAY of DECEMBER I 9 s MY COMMISSION EXPIRES: OTARY PUBLIC STATE OF CALIFORNIA, ss. COUNTY OF IDS ANGELES 1 r ON DECEMBER3rd before me, the undersigned, a Notary Public in and for said State, personally appeared 14 1) COOTS AND BEN.TAMTN L_ DADY , known to me to be the VTCF PRFSTDFNT AND ASSTSTANT SFCRFTARY me of the SIIT.T.Y_MTT.1.F.R CONTRACTTNG COMPANY I OFFICIAL SEAL the Corporation that executed the within Instrument, known to me to be the person who R. AR TACKITT ! executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged �, t : -z NOi.4 ;Y P 7 CAL!FO�NiA' to me that such Corporation executed the same. f Pi, !!7 P %I C F:C'_ !N 1-0-1 Ada'.LcS COUNTY WITNESS my hand and official seal. NAME (TYPED OR PRINTED) Notary Public in and for said State. -05 (Rev. 6/68) DULLY -BILL Lil L'Jrl'11' -J? 'l iIVo UUI", YI-.ii 1 BALANCE SHEET a100tO- 31 , 1968 CURRENT ASSETS ASSETS Cash resources - Cash - T - U - 0 Receivables - Notes - Accour - Interc Less: Inventories - Raw me - Refine - Mdse. - Materi Prepaid expense - Te - Ir - 01 Total current ass( INVESTMENTS AND ADW Capital stock of r Equity in P. & L. Other security im Other advances & r Capital stock of i Equity in P. & L. Total investment PROPERTIES Gross properties I Less: Accum. all( Net properties I DEFERRED CHARGES - F DEFERRED INCOME TAXI TOTAL ASSETS CURRENT LIABILITIES Accounts payable - Accrued payrolls Interest accrued c Payments due in or Gasoline and other Property and other Federal taxes on 1 Other taxes on in( Total current li DUE TO (FROM) UNION LONG TERM DEBT Notes, contracts < DEFERRED INCOME TAXI MINORITY INTEREST It SHAREOWNERS' EQUITY Stock - at Par or Surplus Capital surplus Credits in ex( Other capital, sr Net earnings.rel Balance Deceml Net earnings t Acquisition Sr Dividends decl Total share< TOTAL LIABILITIES At I iJOT 1.0 S1SOiliiB teal /, SOO 3Sa Time deposits S. Government securities ther marketable securities O , 3.5-0 is // X 7 S ompa ny z 2 /0 Allowance for doubtful receivables /5, oo O terials (whole dollars) d products (whole dollars & work in progress -7 00 als and supplies 335' xes in advance 20O surance in advance 95,231 her prepaid expense ,13 Z 3.S is /3, 22% 2 NCES oncon, subs. .5.79), 19 7 of noncon, subs. estments - stocks & bonds 1 �/ /6 oncurrent receivables ,ffiliates of Affiliates s and advances whole dollars) / 00 wance for depl., deprec. & amort. (whole dollars) 1/41 whole dollars) Zf egular ig J9 goodwill S - Federal - Other 4.2% ,S2S1 LIABILITIES Outside 6 1{/3. Union Oil Company of California •590 in long term debt Z.33 1p e year 66.800 sales and excise taxes 1 . YZ taxes f/S ncome 33 ome 20, 63 6 abilities I X, Z9 41, ,3 OIL COMPANY OF CALIFORNIA LOANS O ind mortgages payable 'S - Federal 0 ,ryJ - Other pp I SUBSIDIARIES stated value f 7 Y. e0o :ess of par value of shares issued irplus 3 z, /3 rained in business per 31 , 1967 or /0 months ended 10 -31 -6 / / rrpl us ared - cash owners' equity /, 7 O !D CAPITAL c PACE 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE (THE BIDDER IS REQUIRED TO STATE WHAT WORK OF A SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT HE HAS SUCCESSFULLY PERFORMED AND GIVE REFERENCE WHICH WILL ENABLE THE CITY COUNCIL TO JUDGE HIS RESPONSIBILITY. EXPERIENCE, SKILLS AND BUSINESS STANDING.) THE UNDERSIGNED SUBMITS HEREWITH A STATEMENT OF HIS FINANCIAL RESPONSIBILITY THE UNDERSIGNED SUBMITS BELOW A STATEMENT OF THE WORK OF SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT WHICH HE HAS SUCCESSFULLY PERFORMED. 7'� SIGNED • . • CONTRACT FOR CONSTRUCTION OF STREET AND ALLEY IMPROVEMENTS IN WEST NEWPORT (City of Newport Beach Assessment District No. 51) THIS AGREEMENT is made and entered into this day of , 1968, by and between SULLY MILLER CONTRACTING COMPANY, a Ca i ornia corporation, hereinafter referred to as 'Contractor ", and JOSEPH T. DEVLIN as Superintendent of Streets of the City of Newport Beach, California, acting under the authority granted to him as such officer under the provisions of the "Improve- ment Act of 1911 ". Division 7 of the Streets and Highways Code of the State of California, hereinafter referred to as "Superintendent" RECITALS: 1. On December 9, 1968, the City Council of the City of Newport Beach awarded a contract to Contractor for the construction of street and alley improvements in the West Newport area of the City of Newport Beach, hereinafter referred to as "City ", in Assessment District No. 51. 2. The work to be performed pursuant to said contract is set forth and described in Resolution of Intention No. 6879 adopted by the City Council of the City of Newport Beach on the 7th day of October, 1968, and in the plans and specifications referred to in said Resolution. NOW, THEREFORE, the parties agree as follows: 1, Contractor agrees with Superintendent to furnish all materials and labor for the construction of the project known as "West Newport Street and Alley Improvements, Assessment District No. 51 ", and to perform and complete in a good and workmanlike manner all the work pertaining thereto as shown on the plans and specifications for said work. Contractor further agrees to commence said work within thirty (30) days from the date hereinabove first written, and to complete all of said work within one hundred and twenty (120) consecutive calendar days from the date hereinabove first written, or within such further time as may be granted by the City Council of the City of Newport Beach, and that said work and improvement shall be turned over to the Superintendent ready for use and free of all claims and demands filed pursuant to Section 5292 of the Streets and Highways Code for or on account of any and all materials, provisions, equipment rental or labor on said project, PROVIDED that if the Contractor disputes the correct- ness or validity of any claim filed, he may present to the Superin- tendent a surety bond to protect against any of such claims pursuant to the provisions of Sections 5295 and 5296 of the Streets and Highways Code. 2. Superintendent agrees that he will duly make and issue a diagram, assessment and warrant for the total amount of the 0 0 cost and expenses of the work, including all incidental expenses as are necessarily incurred and chargeable to the work under these proceedings and authorized by the provisions of the "Improvement Act of 1911 ", and PROVIDED FURTHER that Contractor agrees to advance to the Superintendent at the time of the execution of this agreement the cost of publication of the notices, resolutions, orders and materials required to conduct the proceedings under the "Improvement Act of 1911 ", together with all other incidental expenses incurred up to the time of entering into the contract. For furnishing all materials and labor and performing all of the work contemplated by this agreement, as well as for all loss and damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the course of the work until its acceptance by the City and for all risks of every description connected with the work, the Superintendent will pay the Contractor full compensation for the work performed pursuant to this agreement on the basis of the unit prices shown on the bid proposal submitted by the Contractor. 3. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, Plans and Specifications, and all amendments thereto, the special provisions and the applicable provisions of the City's Standard Specifications, are hereby incorporated in and made a part of this agreement by reference. 4. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rate of wages for each craft or type of workman needed to perform this contract, and a schedule containing such information is included in the Invitation to Bidders and is incorporated herein by reference. Contractor agrees to pay not less than such rate of hourly wages for each craft or type of workman. 5. The Contractor shall assume the defense of and indemnify and save harmless the City, the Superintendent of Streets, 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 responsibility 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. 6. Pursuant to Section 5285 of the Streets and Highways Code, it is expressly stipulated and agreed that in no case will the City, the Superintendent of Streets, or any officer thereof be liable for any portion of the expense nor for any delinquencies of persons or property assessed in connection with Assessment District No. 51. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH By: Superintendent ot Streets ATTEST: City Clerk SULLY MILLER CONTRACTING COMPANY By: APPROVED AS TO FORM: By: City Attorney I (Seal) E 0 SPECIAL PROVISIONS ASSESSMENT DISTRICT NO. 51 WEST NEWPORT STREET AND ALLEY IMPROVEMENTS 1. SPECIFICATIONS SP l of 6 All work shall be done in accordance with the plans, the City of Newport Beach Public Works Department Standard Plans and Specifications, and these Special Provisions. LOCATION AND SCOPE OF WORK The improvement to be constructed under this contract will be located in streets and alleys of West Newport bounded on the east by 19th Street; on the west by Orange Street; on the south by Ocean Front; and on the north by Seashore Drive from Orange Street to 61st Street, by Seashore Drive from 34th Street to 33rd Street, by Balboa Boulevard from 33rd Street to 30th Street, by Newport Boulevard from 30th Street to 28th Street, and by Balboa Boulevard from 28th Street to 23rd Street, and by Balboa Boulevard from McFadden Place to 19th Street. The work will be done under the Improvement Act of 1911, Division 7 of the Streets and Highways Code of the State of California. Payment to the Contractor will consist of an agreement on behalf of the City to confirm an assessment and to deliver such assess- ment and bonds to the Contractor. The work to be done consists of furnishing all labor, materials, equipment, trans- portation, and services required to construct alley pavement in portions of alleys in twenty -six (26) City blocks, including sawcutting, removals, excavations, compaction of native materials, furnishing and compacting imported aggregate base where required, adjusting to grade water meter boxes, water valve covers, monument covers, street lighting pull boxes, Community Antenna Television System pullboxes, and sewer manholes; construction or reconstruction of portland cement concrete alley approaches; construction of reinforced concrete retaining walls where required to raise alley grades above adjacent finished grades; construction of portland cement concrete curbs, gutters, driveway approaches and asphalt concrete pavement over imported aggregate base in portions of ten (10) streets, including sawcutting, removals, compaction, adjusting to grade water meter boxes, water valve covers, monument covers, street lighting pull boxes, and sewer manholes; and adjusting to grade driveway approaches on private property where necessary to provide access to existing parking facilities. DRAWINGS The complete set of plans for bidding and construction are bound separately, and consist of Drawing No. R- 5137 -5, Sheets 1 through 19. TIME OF COMPLETION The work shall be completed within 120 consecutive calendar days after the execution of the contract by the City. CONSTRUCTION STAKING Construction survey staking shall be the responsibility of the Contractor. Construction surveys shall be under the supervision of a California Licensed Surveyor or Civil Engineer. Staking shall be performed on all items ordinarily staked at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. 0 fi. FEES SP 2 of 6 All fees will be waived by the City; except that all Contractors and Sub - contractors must have a valid City business license. 7. CONDUCT OF WORK The Contractor shall maintain the job site in a neat and orderly condition at all times. All broken pavement, excess spoil, and debris must be immediately removed and disposed of off site. The site shall be returned to a clean condition as soon as the work is completed. The cost of all disposal and clean -up work is considered as included in the price bid for other items of work. The Contractor shall be responsible for the protection of all existing utilities and improvements adjacent to the work area and shall replace in kind at his own expense any improvements removed or damaged. 8. WORK SCHEDULE AND TRAFFIC CONTROL Prior to commencing work on the project, the Contractor shall meet with the Engineer to schedule the work and to discuss phases of the project affecting the public convenience. No work shall commence in alleys 258a and 258b until March 1, 1969 or until the City has finished replacement of sewers in these alleys. The Contractor will be required to perform the work in an orderly, pre - planned manner such that the sequence of construction operations will result in a minimum number of alleys and/or street ends(combination of nine or less) being in some stage of construction and closed to vehicular traffic at any one time. In addition, the Contraator shall prosecute the work in each individual alley or street end in a steady, continuous fashion so that the entire period of inaccessibility to vehicles is no longger than 10 consecutive calendar days, except for uncontrollable delays such as incfimate weather, strikes, etc. 9. NOTIFICATION TO RESIDENTS The Contractor shall distribute to each affected residence a written notice forty - eight (48) hours in advance of commencing any work informing them that accessibility to their properties will be partially or temporarily restricted because of the con- struction work. The notice shall also state when the Contractor's operations will start and approximately when they will end, The City will be responsible for furnishing the written notices to the Contractor for distribution by him. 10. REMOVAL OF UNAUTHORIZED ENCROACHMENTS FROM THE PUBLIC RIGHT OF WAY 10 -1. Alleys. All unauthorized encroachments, except buildings, and fences and walls 3 feet or more in height (measured from the highest adjoining finished grade) shall be sawcut at the property line, removed from the alleys and disposed of by the Contractor, unless otherwise indicated on the Plans. Reusable fences, posts, chains, clothesline poles and other reusable items shall be carefully removed from the alley by the Contractor and deposited neatly and undamaged on the adjoining private property. Fences and walls 3 feet or more in height (measured from the highest adjoining finished grade) that are constructed on the right of way line of the alleys shall be permitted to remain and the alley pavement constructed around them unless otherwise indicated on the Plans. • • SP 3 of 6 10 -2. Streets. Unauthorized encroachments shall be allowed to remain in public streets uness their removal is necessary in order to construct the street improvements. Where necessary to remove unauthorized encroachments from the street, the encroachments shall be sawcut at the property linearemoved, and disposed of by the Contractor. If it is not feasible to remove the encroachment back to the property line, the Engineer may permit the Contractor to remove only that portion of the encroachment necessary to allow construction of the new improvements. Any fence or wall 3 feet or more in height to be removed from a public street shall be indicated on the Plans. All trees, shrubs and other landscaping material shall be removed from the area in the public right of way to be improved. 11. WATER The Contractor shall make his own provisions for obtaining and applying water necessary to perform his work, as set forth in Section 10 -11 of the Standard Speci- fications. If the Contractor desires to use available City water, it shall be his responsibility to make arrangements for water purchases by contacting the City`s Utilities Superintendent, Mr. Tom Phillips, at (714) 673 -2110, Ext. 74. 12. SUBGRADE PREPARATION Subgrade preparation shall be as specified in Section 10 -07 of the Standard Specifications, Class 2 aggregate base used under asphalt concrete pavement shall be placed directly on the subgrade. Portland cement concrete pavement in alleys and alley approaches shall be placed directly on the subgrade. Where it is necessary to raise the grade of the subgrade, clean excess material from other alleys having a sand equivalent of at least 30 may be used. 13. PORTLAND CEMENT CONCRETE All portland cement concrete used for six inch thick alley pavement shall be Class "A" concrete containing a minimum of six sacks of Portland cement per cubic yard. All portland cement concrete used for sidewalks, curbs, gutters, driveway approaches, and retaining walls may be Class "B" concrete containing a minimum of five sacks of Portland cement per cubic yard. Class "A" concrete may be substituted for Class "B" concrete at the Contractor's option, but no extra payment will be made therefor. Transverse weakened plane joints shall be constructed in new portland cement con- crete alley pavements at distances not to exceed 12 feet and in accordance with appli- cable portions of City of Newport Beach Drawing No. STD - 115 -L. Where the new 6" thick portland cement concrete alley pavement is placed mono- lithically on private property for a distance not to exceed three feet, a 1 inch deep score mark shall be constructed exactly on the property line. 0 0 SP 4 of 6 Construction joints or contact joints (caused by placing fresh portland cement concrete against new hardened Portland cement concrete) shall be constructed in accordance with applicable portions of City of Newport Beach Drawing No. STD- 113 -L. Existing power and /or telephone poles located within the public right of way shall be wrapped with one layer of standard expansion joint material to prevent bonding with the new 6 inch thick portland cement concrete pavement when it is placed. 14. REMOVING AND REPLACING IMPROVEMENTS Improvements such as sidewalks, curbs, gutters, portland cement concrete pavement, bituminous surfacing, base material, lawns and plants, sprinkling systems, water meter boxes, pull boxes, and any other improvements removed, broken or damaged by the Con- tractor's operations shall be replaced or reconstructed 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 servicable condition satisfactory to the Engineer. The outline of all areas of portland cement concrete to be removed shall be cut to a minimum depth of 1 -1/2 inches with an abrasive type saw prior to removing the concrete. The cut for the remainder of the required depth may be made by any method satisfactory to the Engineer. Cuts shall be neat and true with no shatter outside the removal area. Where construction of a driveway approach will trap surface water, an unpaved area of at least two square feet per lot shall be left into which surface water may drain. The driveway approaches shall be graded so that they will drain into unpaved . areas. 15. ADJUSTMENT TO GRADE OF WATER METERS, WATER SERVICES, AND WATER METER BOXES Where alley grades are raised or lowered 3 inches or more, the City's Utilities Division will raise or lower the water services and meters. The final adjustment to grade of water meter boxes will be the responsibility of the Contractor. 16. PAYMENT Unit prices paid for construction of improvements in different alleys and streets shall include the cost of construction staking, furnishing all labor, tools, and other equipment, and all materials required to sawcut, excavate, remove, backfill, construct, and clean up and leave in a workmanlike manner all parts of the work. The cost of any imported aggregate base required to construct the streets and alleys to the grades shown on the plans shall be included in the unit prices paid for alley and street pavement. The unit prices bid for street or alley construction shall include payment for adjustment to grade of all water meter boxes, street lighting pull boxes, and C.A.T.V, pull boxes, and the construction of thickened edge slabs under the edge of alley aavement in certain alleys; the reconstruction of four inch thick concrete driveway approaches in parkways including thickened slab edges or unreinforced cutoff walls as required; and the furnishing of backfill and grading necessary to connect new pavement with adjacent unpaved areas. I SP5of6 The unit prices paid for construction or reconstruction of concrete alley approaches shall include payment for sawcutting, removals, backfilling, compaction, and construction of curb returns, alley approach, cross gutter, and replacing adjacent sidewalk as required. The unit prices bid for adjustment of driveway approaches on private property shall include payment for all sawcutting, removals, backfilling, construction of driveway approaches, including retaining walls or thickened edge slabs necessary to contain the backfill under the new approaches, furnishing backfill material, grading to connect the edge of the new improvements with adjacent ground surfaces, and providing an unpaved area blocked out of the pavement into which surface water may percolate. 16. ADJUSTMENT TO GRADE OF C.A.T.V. PULLBOXES Where alley or street grades are raised or lowered 6 inches or less, the Community Antenna Television System pull boxes shall be adjusted to grade by the Contractor, and the price therefor shall be included in the unit prices paid for other items of work. Where the grades are raised or lowered more than 6 inches, the Community Antenna Television System will adjust its pullboxes to within 2 inches of finish grade after the Contractor has constructed the subgrade. Final adjustment to grade of C.A.T.V. pullboxes shall be the responsibility of the Contractor. 17. BID ITEMS OF WORK The purpose of this section of the Special Provisions is to provide additional information and clarification regarding the scope of work and the costs to be included in the unit or lump sum prices bid for those items of work listed in the Proposal whose description is incomplete or unclear. 17 -1. Bid Item No. 3 - Sawcut and Remove Existing A.C. Pavement; Reconstruct with 6 Thick and 24 Wide P.C.C. Gutter. This bid item is also app icable to t e new .C.C. gutter to be constructed monolithically with new alley approaches along Balboa Boulevard as shown on Sheets 10 through 13 of the Plans. 17 -2. Bid Item No. 5 - Sawcut and Remove Existin Drivewa A roaches and Sidewalk Sections; Reconstruct Thick P.C.C. This item of work is applicable to a those areas desiqnated on t e ans by Construction Note No. 11. The unit price bid shall include the cost of all sawcutting, removal and disposal, subgrade preparation, placing the new 4" thick Portland cement concrete with thickened slab edges or unreinforced cutoff walls where required, and all necessary sloping to provide for adequate drainage of the slab. 17 -3. Bid Item No. 7 - Pre are sub rade and Construct 6" Thick P.C.C. Alley Pavement. This item of work is applicable to all those areas designated on tie Pi as by Construction Note No. 6. It is also applicable to the variable width strips of unpaved area between the new P.C.C. alley pavement and existing P.C.C. driveway slabs that are to be filled in and sloped to meet, as well as the 1', 2', and 3' strips of existing P.C.C. slabs that are to be sawcut, removed, and replaced with 6" thick P.C.C. sloped to transition between the designed grade of the new P.C.C, alley pavement at the property line and the existing slab elevations. The unit price bid shall be applicable to all the areas described above and shall include the cost of all sawcutting, removal, subgrade preparation, placing 6" thick Portland cement concrete with thickened edges where required, contraction joints, construction joints, adjusting utility boxes to grade, and any other associated work for which no separate bid items are provided. • • SP 6 of 6 17 -4. Bid Item No. 8 - ttetainin wail unaer to a of Nile - finis item of worK is applicable to a those areas esignate on the Plans by Construction Note No. 10, or as directed by the Engineer, and shall be applicable to all the varying depths of the retaining wall below the normal 6" thick P.C.C, alley pavement. The unit price bid shall include the cost of the excavation, formwork, backfill, compaction, grading, and reinforcing steel. 17 -5. Bid Item No. 9 - Reconstruct 9' Wide P.C.C. Alley Approach (Alley 300 h) The lump sum price bid shall include the cost of reconstructing the adjacent sloping section of sidewalk /driveway approach with 6" thick P.C.C. 17 -6. Bid Item No. 13 - Construct 2" x 4" Redwood Headers - The redwood headers are to be constructed in conjunction with the new " A.C. /4" A.B. street end pavements and shall extend across the street end between the edges of the new P.C.C. gutters. The unit price bid shall include the cost of the 2" x 4" redwood stakes (12" long) spaced at intervals not to exceed three feet. 17 -7. Bid Item No. 18 - Adjust Sewer Manhole to Grade - In areas of new asphaltic concrete pavement, existing manhole covers, frames, and shafts shall be removed to a depth sufficiently below grade so as not to form an obstruction during the preparation of the subgrade or construction of the aggregate base and asphalt concrete pavement. The manhole shaft shall be temporarily covered with a steel plate. After the pavement has been completed, the necessary portions of the subgrade, aggregate base, and asphalt concrete shall be neatly cut away, the manhole built up, and the manhole frame and cover set to a grade flush with the surface of the adjacent pavement. The surrounding area from which the pavement, base, and subgrade has been removed shall be backfilled to within 1 -1/2" of the finished surface with Class "A" portland cement concrete. The remaining 1 -1/2" shall be backfilled with asphalt concrete and compacted, The work shall be performed so as to present a neat and thoroughly workmanlike appearance upon completion. In areas of new portland cement concrete pavement, existing sewer manholes shall be adjusted to finished grade before placement of the P.C,C. pavement. The unit price bid shall be applicable for adjusting sewer manholes to finished grade in both new asphalt concrete and new portland cement concrete pavement areas. • / FOe 46 -C.F 2" " F02 G "C. . • F. A Zd ` CURB F.00E � TOP OF j � F /N /Sf/ED PI�A!'E 6`F.44E = 0.0596 CU. YD. PE2 -FT. 0.06d6 CU. YD. PEQ FT. TYPE '4' C41PB e GUTTER__. (CUPB "CE9WWU BE 6 'UNLESS 0TNEeW15E NOTED.) O.OZ79 cu. YD. PE? AT T YPZ- ',8 ' CUIP,B CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 5WI9420 . CU,PB SECT /DNS DRAWN dkjS DATE APPROVE - T, ASS USLIC WORKS DIRECTOR R.E. NO.%-� ORAWINO NO. STD. - 10,e-1 . s y 0 0 44L ""S 70 BE CtUrAr.0 4117W 4-' ' Zr AWI"r s N. ExAe.ts�.ea/ � .adTividt. • , . , ' .. ' '• ...� WE • • . • ,� ,. ;, � •, � • . ij� 6 .•lMG177.V QO,p3 CD.i�C.C. � � `p0/✓CL 80CCB7C�� A1E7bL F/OEQ GHQ FrdbTl�" Af►OTJEFY�'L . 0...,.OE9 /6.t/ Tf//Ct:)VE55 P.C.C. P'sMT• CONTACT JOINT WITH NEW CONSTRUCT /ON �o blCdLd L.YGA'l/.S /O'(/ M4 TEQ4d4 E OAP %2 t4/!/ QF O 12j�' < .4 a t e M/aN- . ' A • • • •� ' • A' e : •. [ . a' Q �LX /3'TAV6 P't'MT' � Q A'4XPG "u^.19p07,V6Grl2 At C? /B" C.C. dLL Qd2� Tt9 QC GCid /e" /e- /ate J wmv 4spe�vav ��.�n �I �l CONTACT JOINT AGAINST EX /STING CONCRETE PAVEMENT SLAB "o SCdG4e? CITY OF NEWPORT BEACH I DRAWN w. Q. DATE PUBLIC WORKS DEPARTMENT APPROVED CONCRETE PAVEMENT CON TACT JOINTS P SLIC WORKS DIREgOR R.E. NO. dRAWINO NO. STD. -113 - L i S T ALP AE' ET � � N s Z y' a s W O.VL Y E.YCLE iYP /CAL PAM SEMON woo 6CQCc w..... eLCerY w /Orti! �, vcc. v'✓s�s'. 6l/ : Ayo�!•..._../vCOt'C,t�o Fi.'e.!/G' •A�.Y/T. i i S T.2EET CITY OF NEWPORT BEACH DRAWN Wes• DATE s -ze -Ga PUBLIC WORKS DEPARTMENT WROVED PLACEMENT OF P BLIC WORKS DIREC CONCRETE ALLEY R.E. NO. JOINrs DRAWING N0. STD. -115 - L. W TYP /CAL W.P.✓. SECT /ON v .440 ecacc s Z y' a s W O.VL Y E.YCLE iYP /CAL PAM SEMON woo 6CQCc w..... eLCerY w /Orti! �, vcc. v'✓s�s'. 6l/ : Ayo�!•..._../vCOt'C,t�o Fi.'e.!/G' •A�.Y/T. i i S T.2EET CITY OF NEWPORT BEACH DRAWN Wes• DATE s -ze -Ga PUBLIC WORKS DEPARTMENT WROVED PLACEMENT OF P BLIC WORKS DIREC CONCRETE ALLEY R.E. NO. JOINrs DRAWING N0. STD. -115 - L. lI 2 3I4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 0 RESOLUT"s NO, 6.91 2 A RESOLUTION OF CITY COU=tL OF THL CITY OF NEWPORT BEACH %ARDIM A 04MACT FOR THE WORK IN ASSESSMNT DISTRIM 30. 51 PURSUANT TO THE "IMPROVEHENT Aa Oy 191l" WHEREAS, the City Clerk has opened, 0"Mined and declared all sealed proposals or bids at a public meeting held on December 3, 1968, and has sported the results of the bidding to the City Council; and WHEREAS, said work esnsists of the cogl.truction of street improvements consisting of paving, curbs, gutters, sidewalks drains, conduits, culverts and channels for drainage purposes in certain streets and alleys and the adjustment of grades, all as more particularly described in Resolution of Intention No. 6879 adopted by the City Council on October 7, 1968, and Resolution of Intention go. 6886 adopted by the City Council on October 28, 1968, ordering certain changes in the territory to be included in said assessment district, and in accordance with the plans, drawings and specifications referred to in said resolutions; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve and order as follows; The City Council hereby awards the contract for said work to the lowest, regular and responsible bidder, to wit; Sully - Miller Contracting Company, at the prices set forth in its bid which is on file in the office of the City Clerk. The City Clerk is hereby directed to cause a Notice of Award of Contract to be published in the manner and form required by law in the Newport Harbor Ensign. ADOPTED this day of 1968. 29 �! 30 31 ATTEST: 321 City Clerk THSs r /$ • December 9, 1968 TO: CITY COUNCIL v -3 FROM: Public Works Department SUBJECT: WEST NEWPORT SPECIAL ASSESSMENT DISTRICT (ASSESSMENT DISTRICT NO. 51) RECOMMENDATION: Adopt a resolution awarding the contract to Sully - Miller Contracting Company for $97,346.10, and authorizing the Superintendent of Streets (Public Works Director) to execute the contract. DISCUSSION: Three bids were received and opened by the City Clerk at a public meeting held in the Council Chambers at 11:00 A.M. on December 3, 1968. The bids received for the work as described in Resolution No.'s 6879 and 6886 have been checked and tabulated and it was found that the bid of Sully- Miller Contracting Company is the lowest regular bid received for said improvement. 011 ; Sully- Miller Contracting Company, Long Beach $97,346.10 Griffith Company, Costa Mesa 110,410.00 Walker and Bates, Riverside 138,055.00 The low bid for construction work is 11.5% more than the engineer's estimate of $87,295.00. The low bid plus the estimated incidental costs of $21,823.63 exceed the total engineer's estimated cost of $109,100.00 by 9.23 %. No money is required to be advanced by the City. The contractor will not be entitled to a contract until he has advanced to the City all incidental costs incurred by the City up to the time of entering into the contract. This amount is estimated to be $12,000.00. Recommendation for award at a cost exceeding the engineer's estimate by 11.5% is based on the fact that construction costs and bond interest rates are rising rapidly. The low bid was submitted by a well qualified and competent contractor. It is felt that readvertising for bids would not result in any cost savings. Work is estimated to commence January 17, 1969. J 7blic t.Devlin P s Director q COUNCIL: DIS OSITION: FILE; i C�J CITY OF NEWPORT BEACH CITY ATTORNEY D P TZ To: City Clerk From: City Attorney Subject: Assessment District No. 51 Forwarded is a resolution which, if adopted by the City Council, will authorize the execution of a Notice of Award of Contract in the above entitled matter. It is requested that this matter be placed on the Agenda for the Council Meeting of December 9, 1968 � V- Tullyi. Se r City Attorney THS:ajr Attachment cc - City Manager Public Works Director 6-3 Tali. //V N m 1 0 w { m z c> M m LUZ Fn N m rn y (u a � r � r rn o{ V 'a ro 0 m m L �R n D r r 0 N c 3 3 a I Ir� i�I11N19� memo I�li�6 ilk! �iW ! ■II��IlI II I�il ��NN�■�IIIIIIII�INI� { m z c> M m LUZ Fn N m rn y (u a � r � r rn o{ V 'a ro 0 m m L �R n D r r 0 N c 3 3 a I ----- - - - - -- LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE` ?Pe" NOTICE INVITING of said work shall be assessed '4 iatorroation to ued from the Engineer of ..SEALED BIDS against properties within the concerning g urination. Work of said City. Pursuant to the Improvement district, etid has further deter- It shall be IfI epon4tha All of the.[; will be done Act of 1911, Division 7 of the mined that serial bands shall be contractor to whom the contract under the "Improvement Act of California Streets and Highways issued bearing interest at the is awarded and upon any sub- 1911." When the work is com- Code, and Resolution No. 6899 rate of 6% per year and extend- contractor working under him to pleted and accepted by the City adopted on the 12th day of Nov - ing over aperiod of 9 years from pay not less than the rates Council and the assessment ember, 1968, by the City Council the 2nd day of January next suc- specified in said resolution to is confirmed, a warrant, as- of the City of Newport Beach, ceeding the next September 1st all persons employed by them in sessment and dtagram will be California, which is on file in following their date, to re- the execution of the contract. delivered to the'eontract&, or the Office of the City Clerk of present each assessment of $50 NOTICE IS HEREBY GIVEN his assigns, for the total cost said City, ordering the con- or more remaining unpaid at the inviting sealed bids for doing of the work, including all struction of certain street im- expiration of the last date fixed all of the work described herein, incidental expenses which he provements in Assessment for payment of the assessment. to be presented to the City Clerk has advanced. to the City, less District No. 51 in the City The City Council has further at the City Clerk's Office in any cash contributions [bride by of Newport Beach, as shown on determined to have the re- the City Hall of said City, up to the City, 9;, the plans and specifications for demption provisions of said the hour of 11:00 a.m., on the NOTICE IS FURTHER HIiEBY said work which are on file in bonds provide a premium of 5% 3rd day of December, 1968, at G rN to the ders t the the Offices of the City Clerk of the unmatured principal in which time the bids and suaaessful bid shah to and the Superintendent of accordance with the provisions proposals so received will be the City at the meofe ting Streets of the City of Newport of Section 6464 of the Streets opened, examined and declared the contract a cash pay for Beach, all as more particularly and Highways Code of the State by the City Clerk at a public incidental expenses Ind by in Resolution of In- of California, meeting to be held in the City the City up to the,date w e tention No. 6879 adopted by the The City Council has de- Council Chamber. contract is signer,; estima to City Council on October 7,1968, termined the general prevailing The proposals or bids offered be $12,000,00. A):-theconelusien and Resolution of Intention No. rate of per them wages in the shall be accompanied by a check of the work and at the tltto� he 6886 - declaring its intention to locality in which said workisto payable to the order of said City, contractor receives the ,, - order certain changes in the be performed in accordance - dtJ ble bank, rant, assessme nd territory to, be included within with the requirementsoMctton -W. -*m �bylaw,$or he shall pay to,. - said assessment district, 1773 of the California Labor an amount not less than ten per ditional cash adopte4ftog City Council on Code. Reference is made to cent (10%) of the aggregate of ce of the inc October 2k4968, the City Coun- Resolution No, 6519, adoptedby the proposal. Each bid shall be.es. cil has determined that the cost the City Council on February E7, m�ut on a ; , conraealwm an ob - The i 1 THII.RSDAY, NOv. 28, 1968 :ward may made will be re- quired to furnish with the con tract two surety bonds, to wit: one labor and materials bond and one faithful performance bond, each in the amount of 50%a of the aggregate amount of the bid. The City Council of said City reserves the right to reject any and all bids and to waive any informality in a bid not affected by law. DATED this 13th day of Nov- ember, 1968, LAURA LAGIOS, City Clerk of the City of Newport Beach, California Published: Nov, 21, 28, 1968, in fhe Newport Harbor Ensign 0 AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIAt ss. County of Orange J I, ".'�1r( T ?G. rA, _.. ..... - ....... being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the .?Irtice Tni,] -,.r,. glad . ..........._.........._..... .... .................... ..................... ....... ........... ....... ...................... . of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, ... %• .... consecu- tive times: to -wit the issue(s) of ( Signed) ............................. ............. ... ... ........ :...,... Subscribed and sworn to before me this .Gtr .......:.......day of ........ -......_............_.... Notary Public in and for t U he County of Orange, State of California. 0 - ` to be preset Clerk Act�f �t911, Din!iston ? Of the StreetsandHtghw & ys at the City Cier, _ °,Mice in Cade; Resolution No. 6899 City Hall of said`.,, to to the 12th day of Nov- the hour of 11.00 on the e by the City Council. 3rd day of December, , at ' which time the' .:b acct of of Newport Bich, proposals so rec , -. 1 be C hick is on file -in opened, emmm lines. the. ce of: the City Clerk of said City ordering the eon_ by. the Clty Clerk ptc . struction of certain street im_ meeting to be held ity provements in Assessment Council Chamber ,, District "No. 51 in the City The proposals o offered., of Newport Beach, as shown on shall be accompanie0 by a cheek the plans and specifications for payable to the order d1said City, said work which are on file in certified by a rewrowq bank, the Offices of the City Clerk or a bond as regttir ,* and the Superintendent of an amount not les1-'tha� per B626, all the City of Newport the proposal. E k'.*d slid be 140W406 Of Beach; all as m Resolution of made out on a for be ob- te.tion din Resolution of the tained from the. er of City a nc 6879 adopted by the Work of said City. ` City Council on of I ties• 7,1968, : All of the work., and Resolution of Inteafbn'No. i'IS., j>e done 6886 declaring its i oo to under the "Imp Act of . order certain chain the 1911. When 1s.eom- territory to be inelad thin plated and ace Ginty said assessment t Cewnell and adopted by the City Cc con med, a October 28,1968, the City . nett and diagram X111 be cil has determined thatth�@1�t ..., Bred to the coutraelpr, or of said work shall be signs, for the total cost a properties withg6., work, including an disc and bas further d espeasas which he mired that serial bonds shaU >Rdvanced to the City, less issued bearing;ffiterest at cash contributions made by rate of 6°a per- Year. and extend ilNOTICE IS FURTHER HEREBY Lug over apefjan sfrom GIVEN to. the bidders thatet Me 2nd d ty OfJanaaiq��ttc- succesmal bidder shall c�eediog t� _- , to, to -.1st the City at the time of execu pre h of$50 the contract a cash payment ft or ke datthe, Incidental expenses Incurredby expiration of the last date fixed the City up to the date wbealbe for payment of the assessment. contract is signed, estimatedto The City Council has further be $12,000,00. Attheconclusion determined to have the re- of the work and at the time the demptton provisions of said contractor receives the war- bonds provide a premium of 5% rant, assessment and dl * Ml of the unmatured principal in he shall pay to the City an ad. accordance with the provisions ditional cash payment for the of Section 6464 of the Streets of of the Incidental ex- and Highways Code of the State penes. of California. The contractor to whom an The City Council has de- award may be made will be re- termined the generalprevailing quired to furnish with.the con =.� rate of per diem wages in the tract two surety bonds, to ;trig, locality in which said work isbD one labor and materials bond; be performed, In accordance and one faithful performance. with thereWAremectsofSection bond, each in the amount of 50% 1773 Of the California Labor of the aggregate amount of the Code. Reference is, made bid. City Council of said City Resolution No. 0519, adoptedby the City un Cocil on February 21, , reserves the right to reject 1967, for further information any and all bids and twwatve concerning said determination, any informality in a bid not ,It shall.be mandatory tpoo.the affecjed by law. - . contractor to whom the contract DATED this .13th day of Nov - is awarded- and upon any -stib= ember, 1968. contractor workingunder.niMto LAURA LAGIOS, . pay got less. *an, the: fates. City Clerk of the specified in said res?lv#gn. to City of Newport Beach, all perapn emptoysdby them in California t� a ioa 'Ltf the 'co/tract P obu No►. $l, i8, ON, in NOTE Is BL 0#t GIVEN 'l�f ;. HSt+aa '13MIIW KM 9 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RE 19 20 21 22 23 24 25 26 27 28 291 30 31 32 itT60Lpp N ©. 6899 A RESOLUTION OF TAg CITY COUNCIL OF THE GIV OF NEWPORT BEACH DRTLRXI THAT A WORITY PROTEST DOES lK1T EXIS3'!8T TUB PROPOSED WORK TO B$,DOW WITHIN �ISNIT DISTRICT NO. 51, OVIRRULING ALL k TLSTB AND ORDE&ING CERTAIN W!I TO BE DONE IIv SAID ASSESSMENT DISTRICT PURIVARr TO THE "1?&RFiVEENT ACT OF 1911119 WITWW CONPLIANCE WITH THE "SP=IAL ASSIS&CM INVE83'I aIOK LIMITATION AND X&JORITY PROTEST ACT Of 1931" AND D==ING THAT THE BIDS FOR SAID V= PAY BE OPENED, LUNIVED AND DECLARED ST ' CITY CLERIC WHEREASO on October 7, 1965, the City Council of the City of Newport Beach adopted Resolution Ito. 6878 determining necessary proceedings for waiver of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 of the California Streets and Highways Code, in connection with proposed Assessment District No. 51, and setting a hearing for October 28, 1968, at the hour of 7s3O p.m. before cite City Council; and WHEREAS, on October 7, 1968, the City Council also adopted Resolution No. 6879 declaring its intention to order the construction of certain street improvements in Assessment District No. 51, pursuant to the Improvement Act of 1911, and setting October 25, 19680 at the hour of 7 :30 p.m. as the time for presenting objections to said wort; to the City Council; and WHEREAS, on October 28, 1968, a consolidated hearing was held to consider protests to the construction of said street improvements and to the waiver of compliance with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, which hearing was ordered continued until November 12, 1968, at the hour of 7:30 p.m., in the City Council Chamber; and WHEREAS, following, said hearing on October 28, 1968, the City Council adopted Resolution No. 6886, declaring its intention to order certain changes in the territory to be included 81, 9, 10 11 12 13 14 15 16 17 18i 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 i in said Assessment District No. ,31 and setting a hearing to consider any objections cc the proposed changes for November 12, 1958, at the hour of 7:30 p.a. in the City Council Chamber; and WURL429 this City Council has considered all protests and objections, both written and oral, to the waiver of said Special Assessment Investigatiahs, Limitation and Majority lrotest Act of 19310 to the ordering of said work., and to the ordering of certain changes in the territory to be included within said Assessment District No. 51, as set forth in Resolution No. 6886; NOW, THEREFORE, the City Council of the City of Newport Beach DOES HEREBY RESOLVE, DETERMINE AND ORDER$ as followst Section 1. The public convenience and.necessity require that the proposed work and improvements in Assessment District No. 51 be constructed without full compliance with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 of the California Streets and Highways Code, and in lieu of such full compliance the City Council elects to follow the provisions for waiver thereof as set forth in Section 17 of Article x111 of the State Constitution. Section 2. The City Council hereby finds and determines that a ma;ority protest does not exist and that the protests or objections to the ordering of said work represent less than one -half of the area of the property to be assessed for the proposed improvement. It is hereby ordered that each of said protests or objections is overruled. Section 3. The public interest and convenience require the work hereinafter described to be done and the City Council therefore orders the following work to be done, in Assessment District No. 51, to wits The construction of street improvements consisting of paving, curbs, gutters, sidewalks, drains, conduits, culverts and channels for drainage purposes in certain streets and alleys. Said work shall also include the establishment and 1 chenging of grades in streets,,ted alleys, public ways And rights of 21, adjustment of grades on private property and the 31 construction of attaining walls, embankments and other structures 4 as necessary and appurtenant to the above described work, all as I 5; more particularly described in Resolution of intention No. 6879 611 adopted by the City Counoit on October 7, 1 %84 and.2moolutionn of 71 Intention No. 6886 adopted by the City Council on October 28, 19681. 8 ordering certain changes in the territory to be included in.said 9 assessment district, and in accordance with the plans, drwiug 10 and specifications referred to in said resolutions. 11 Section 4. All of the work or improvements herein 12 ordered shall be accomplished and carried out pursuant to the 13 provisions of the improvement Act of 1911, Division 7 of'ths 14 California Streets and Ugbways Code, and shall be die under the 15 direction of and to the satisfaction of the City Public Works 16 'Director who is also the Superintendent of Streets. 17 Section 5. The City Clerk is directed to peen, examine 18 and declare the proposals or bids at a public meeting,after giving 19 notice of the time and place thereof in the notice inviting bids, 20 and the City Clerk shall report the results of the bidding to the 21 City Council at the next regular meeting after the opening of bids. 22 Section 6. The City Clerk is further directed to post 23 conspicuously on the bulletin board near the door to the City 24 Council Chambers, for not less than five (5) days, at least ten 25 (10) days prior to the date set for bid opening, a Mice inviting 261 bids, and to publish said notice twice in the Newport Harbor Ensign,l' 271 the first publication to be at least ten (10) days prior to the 281 date set for bid opening. 29 ADOPTED this i 2Tf, day of /yoUembc- a 1968. 30 32 ATTEST: Myor City - Clerk _"_...� -3-