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C-1522 - Miscellaneous street concrete reconstruction 1972-73
TO: CITY COUNCIL FROM: Public Works Department August 13, 1973 CITY COUNCIL AGENDA ITEM NO. H -12 SUBJECT: ACCEPTANCE OF MISCELLANEOUS CONCRETE RECONSTRUCTION; HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS, 1972 -73 (CONTRACT 1522) RECOMMENDATIONS: 1. Accept the Work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for Miscellaneous Concrete Reconstruction in the Harbor Highlands, Westcliff and Baycrest areas has been completed to the satisfaction of the Public Works Department. The bid price was: $23,107.95 Amount of unit price items constructed 22,688.60 Total contract cost 22,688.60 Funds were appropriated for this work in the annual Street and Alley Maintenance Program, Account No. 02- 3372 -232. ment. California. The design engineering was performed by the Public Works Depart- The contractor is R. W. McClellan and Sons of Costa Mesa, The work was completed on July 9, 1973. eph Devlin tic Wo s Director hh MAY 71973 By the CITY COUNCIL CITY @0 "PWO AT BAH TO: CITY COUNCIL FROM: Public Works Department May 7, 1973 CITY COUNCIL AGENDA ITEM NO.—H-2 (e) SUBJECT: MISCELLANEOUS CONCRETE RECONSTRUCTION, HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS 1972 -73 (C -1522) RECOMMENDATIONS: Adopt a resolution awarding Contract No. 1522 to R. W. McClellan & Sons, Inc. for $23,107.95 and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Four bids were received and opened in the office of the City Clerk at 10:30 a.m. on May 2, 1973, Bidder Amount R. W. McClellan & Sons, Inc.; Costa Mesa $23,107.95 Markel Cement Contracting, Inc.; Costa Mesa 24,397.50 Don 0. Michaels; Newport Beach 29,748.50 Damon Construction Co.; Carson 32,832.00 The low bid is 24.2% less than the engineer's estimate of $30,500.00. Funds have been provided for this work in the annual Street and Alley Program, budget number 02- 3372 -232. 4 3 �� This project provides for the reconstruction of cross gutters, spandrels, curb and gutter, and other miscellaneous deteriorated concrete street improvements. This work is part of the continuing street maintenance program. The low bidder has performed similar work satisfactorily for the City in the past. The estimated date of completion is July 10, 1973. seph T. evlin blic W s Director /W:jfd APR 9 1973 By the CITY COUNCIL CITY OP ""O"T YGACH TO: CITY COUNCIL FROM: Public Works Department April 9, 1973 CITY COUNCIL AGENDA ITEM NO. H -10 SUBJECT: MISCELLANEOUS CONCRETE RECONSTRUCTION, HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS 1972 -73 (C -1522) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 10:30 a.m. on May 2, 1973. DISCUSSION: This project provides for the reconstruction of cross gutters, spandrels, curb and gutter, and other miscellaneous deteriorated concrete street improvements. This work is part of the continuing street main- tenance program and is being done in conjunction with resurfacing work scheduled for late summer or early fall, 1973. The plans were prepared by the City. The estimated date of completion is July 10, 1973. The estimated cost of the work is $30,500.00. Funds have been provided for this work in the annual street and alley program, budget number 02- 3372 -232. lin Director RECORDING REQUESTED BY AND MAIL TO City of Newport Beach 3300 W. Newport Blvd. Newport Beach, CA Att: Laura laoios 16949 FREE C8 NOTICE OF COMPLETION PUBLIC WORKS eK 10854PG 579 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CA_': ORNIA 9:05 A.M. AUG 16 1973 J. WYLIE CARLYLE, Couty Recorder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on July 9, 1973 the Public Works project consisting of Miscellaneous Concrete Reconstruction - Harbor Highlands, Westcliff and Baycrest Areas 1972 -73, C -1522 on which R. W. McClellan & Sons, Inc. was the contractor, and The American Insurance Company was the surety, was completed. V ERIFICAT] I, the undersigned, say: CITY OF NEWPORT BEACH Public rks Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 14 1973 at Newport Beach, California. I, the undersigned I am the City Clerk of the City of Newport Beach; the City Council of said City on August 13, 1973 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 14. 1973 at Newport Beach, California. i 0 0 August 27, 1973 R. W. McClellan & Sons 1700 Superior Avenue Costa Mesa, CA 92627 Subject: Surety The American Insurance Company Bonds No. 270767 Project Miscellaneous Concrete Reconstruction- Harbor Highlands. Westciiff and Baycrest Areas Contract No.: 1522 The City Council on August 13, 1973 accepted the work of subject project and authorised the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on August 16, 1973 in Book 10654, Page 579. Please notify your surety company that bonds may be released 35 days after recording date. Laura Lagios, C. M. C. City Clerk dg cc: Public Works Department 0 0 CITY OF NEWPORT BEACH CALIFORNIA Date: August 14, 1973 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Attached for recordation is Notice of Cmpletion of Public Works project consisting of Miscellaneous Concrete Reconatruction- Harbor Highlands, lVestcliff and BaycreelContract No. C -1522 on which R. W. McClellan & Sone, Inc. was the Contractor and The American Insurance Company was the surety. Please record and return to us. Very truly yours, Laura Lagios City Clerk City of Newport Beach LL: dg Encl. TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1522 Project Misoellawm a H lands, Most Date June 4. 1973 pk -,#Qc t %-.,%0 r Attached is signed copy of subject contract for transmittal to the contractor. Contractor: R_ W_ Hcagll... E ggu Address: 1700 Symm4or Avenue. ,ong Mesa. CA 92627 Amount: $ 23,07.15 Effective Date: 5 -31 -73 Resolution No. 7981 LL:dg Att. cc: Finance Department 0 Laura Lagios May 23, 1973 TO: CITY CLERK FROM: Public Works Department SUBJECT: MISCELLANEOUS CONCRETE RECONSTRUCTION - HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS 1972 -73 (Contract No. 1522) Attached are four copies of the subject contract documents. Please have executed on behalf of the City, retain your copy and the insurance certi- ficates, and return the remaining copies to our department. j john S. Engineer Project Engineine er JSW:hh ATT. CERTIFICATE OF INSURANCE 46 NAMED . R. W. McClellan & Sons, Inc. WA . 1700 Superior Avenue ADDRESS . Costa Mesa, California 92627 CERTIFICATE . City of Newport Beach ISSUED TO , 3300 West Newport Blvd. Newport Beach, California 6 II � 1 N RURANRI['.`IRI3KI1R /. PARKER.DOUBLE06 170 E. 17TH ST,,S*v* 16 =' ` COSTA MESA, CALIFORNIA - - m , Midw.V 6-W6 - THIS IS TO CERTIFY THAT THE COMPANY INDICATED BELOW HAS ISSUED TO THE ✓INSURED NAMED HEREIN, COVE%AC3EEOiftVE AS OF THE DATES AND FOR THE PERIODS AND LIMITS SPECIFIED BELOW AND SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIOW AND LIMITATIONS OF THE DESCRIBED BINDERS OR POLICIES WHETHER SHOWN BY ENDORSEMENT OR OTHERWISE. ANY REQUIREMENTS OR PROVISIONS IN ANY CONTRACT OR AGREEMENT BETWEEN THE INSURED AND ANY OTHER PERSON, FIRM, OR CORPORATION WILL NOT BE CONSTRUED AS ENLARGING, ALTERING, OR AMENDING THE DEFINITION OF INSURED OR ANY OTHER TERMS OR CONDITIONS OF THIS CERTIFICATE OR THE POLICY DESIGNATED. KIND OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY WGC 20246 10/1/72-73 WORKMEN'S COMPENSATION EMPLOYERS LIIABILOITYIA$5W.000 PERDOCCUR. COMPENSATION STATUTORY COMPENSATION STATEM) OF WORKMEN'S COMPENSATION California EMPLOYER'S LIABILITY-11 PEROCCUR. (ABILITY EACH PERSON EACH OCCURRENCE BODILY INJURY LIABILITY- GLA 911021 1/1/73 -74 g 250, 000. 500, 000. $ L _ rr n rr n EACH PERSON EACH OCCURR EXCEPT AUTOMOBILE S 250 000. $ 500 000. . PROPERTY DAMAGE LIABILITY- n „ „ „ EACH OCCURRENCE AUTOMOBILE $ 100,000. PROPERTY DAMAGE LIABILITY- EACH OCCURRENCE AGGREGATE EXCE TAUTOMOBIL " " " $ 100 000. $ 5 AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE • LESS$ DEDUCT. COLLISION OR UPSET • LESS $ DEDUCT. INLAND MARINE $ _ $ • ABSENCE OF FNTRY MFANS "ACTUAI. CA.RM VAI [IF" i .e �7 EFFECTIVE ANY LOSS UNDER PHYSICAL DAMAGE COVERAGES WITH RESPECT TD THE AUTOMOBILEISI DES- CRIBED BELOW IS PAYABLE AS INTEREST MAY APPEAR TO THE NAMED INSURED AND: The City of Newport Beach is named as an additional insured as applies to the worl performed on the below described project. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled, materially FORM 49-A (ON REVERSE) IS HEREBY INCORPORATED. XX XX changed, nc r the policy alloweo to lapse unti ten (10) day after receipt by the City Clerk of the City of New rt Beach, City H ll, Newport B ach, Califor> ia, of a registered written notice of such cancel tion or reduction coverage. Miscellaneous Concrete Reconstruction - Harbor Highlands, Westciiff and Baycrest Area, (Contract No. 1522) IN THE EVENT OF MATERIAL CHANGE IN OR CANCELLATION OF ANY OF SAID POLICIES. THE COMPANY WILL ENDEAVOR TO GIVE WRITTEN NOTICE THEREOF BY REGULAR MAIL TO THE PERSON OR ORGANIZATION AT WHOSE REQUEST THIS CERTIFICATE IS ISSUED, BUT THE COMPANY SHALL NOT BE LIABLE FOR FAILURE TO GIVE SUCH NOTICE, NOR FOR ANY ERROR. BROKER R Parker -Doubledee 170 E. 17th Street Costa Mesa, California SI 1818 14/69) Ej SIGNAL INSURANCE COMPANY CXJ IMPERIAL INSURANCE COMPANY DATED __5. 1 BY, AU OR)ZED REPRESENTATIVE CERTIFICATE OF INSURANCE NAMED . R. W. McClellan & Sons, Inc. a ED . 1700 Superior Avenue ADDRESS . Costa Mesa, California 92627 CERTIFICATE . City of Newport Beach ISSUED TO . 3300 West Newport Blvd. Newport Beach, California i i 1 ' - INWMIICi ' LW..III INBDRANOC DROKCRR 1 IN E 17TH 3f:, SUITE 1IM COSTA MESA, CAU"NIA rn 'Mldwry 6-0836 THIS IS TO CERTIFY THAT THE COMPANY INDICATED BELOW HAS ISSUED TO THE INSURED NAMED HEREIN, COVERAGE 11!46 iTVE AS OF THE DATES AND FOR THE PERIODS AND LIMITS SPECIFIED BELOW AND SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIONS, AND LIMITATIONS OF THE DESCRIBED BINDERS OR POLICIES WHETHER SHOWN BY ENDORSEMENT OR OTHERWISE. ANY REOUIREMENTS OR PROVISIONS IN ANY CONTRACT OR AGREEMENT BETWEEN THE INSURED AND ANY OTHER PERSON, FIRM, OR CORPORATION WILL NOT BE CONSTRUED AS ENLARGING, ALTERING, OR AMENDING THE DEFINITION OF INSURED OR ANY OTHER TERMS OR CONDITIONS OF THIS CERTIFICATE OR THE POLICY DESIGNATED, KIND OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY COMPENSATION WGC 20246 10/1/72-73 STATUTORY CALIFORNIA COMPENSATION WORKMEN'S COMPENSATION EMPLOYER'S LIABILITY-- S500,000 PER OCCUR. COMPENSATION STATUTORY COMPENSATION STATEIS) OF WORKMEN'S COMPENSATION California EMPLOYE R'S LIABI LITY - -S PER OCCUR. LIABILITY EACH PERSON EACH OCCURRENCE BODILY INJURY LIABILITY- GLA 911021 I/l/73-74 250, 000. $ 500, 000. AUT 1 S Ru L _ % n „ u EACH PERSON EACH OCCURRENCE EXCEPT AUTOMOBI LE $ 250 000. L 500 000. PROPERTY DAMAGE LIABILITY- „ „ „ „ EACH OCCURRENCE AUTOMOBILE $ 104,040. PROPERTY DAMAGE LIABILITY- EACH OCCURRENCE AGGREGATE EXCE T AUTOMOBIL IFelildo = 100.000. $ 500.000. _ AUT0M081LE PHYSICAL DAMAGE COMPREHENSIVE • LESSS DEDUCT. COLLISION OR UPSET • LESS S DEDUCT. INLAND MARINE t $ J • ABSENCE OF ENTRY MEANS "ACTUAL CASH VALUE ". EFFECTIVE ANY LOSS UNDER PHYSICAL DAMAGE COVERAGES WITH RESPECT TO THE AUTOMOBILE(S) DES- CRIBED BELOW IS PAYABLE AS INTEREST MAY APPEAR TO THE NAMED INSURED AND: The City of Newport Beach is named as an additional insured as applies to the wort performed on the below described project. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled, materially FORM 49-A (ON REVERSEI IS HEREBY INCORPORATED. c S XXXXXF2QXXX !tX XX hanged, n the policy allow to lapse until ten (10) day after receipt by the City Clerk of t] Ciry of Ne rt Beach, City H 11, Newport B ach, Califo ia, of a registered written notice of uch cancel lion or reduction n coverage. DESCRIPTION AND LOCATION OF OPERATIONS: Miscellaneous Concrete Reconstruction - Harbor Highlands, Westcliff and Baycrest Area, (Contract No. 1522) ie IN THE EVENT OF MATERIAL CHANGE IN OR CANCELLATION OF ANY OF SAID POLICIES, THE COMPANY WILL ENDEAVOR TO GIVE WRITTEN NOTICE THEREOF BY REGULAR MAIL TO THE PERSON OR ORGANIZATION AT WHOSE REQUEST THIS CERTIFICATE IS ISSUED, BUT THE COMPANY SHALL NOT BE LIABLE FOR FAILURE TO GIVE SUCH NOTICE, NOR FOR ANY ERROR. AGENT I BROKER R Parker- DOUbledee Ir_1 SIGNAL INSURANCE COMPANY rR IMPERIAL INSURANCE COMPANY 170 E. 17th Street Costa Mesa, California DATED. - 1 i By SI 1810 (4/69) AUTi ORIZED REPR SE NT ATIVE DESCRIPTION AND LOCATION OF OPERATIONS: Miscellaneous Concrete Reconstruction - Harbor Highlands, Westcliff and Baycrest Area, (Contract No. 1522) ie IN THE EVENT OF MATERIAL CHANGE IN OR CANCELLATION OF ANY OF SAID POLICIES, THE COMPANY WILL ENDEAVOR TO GIVE WRITTEN NOTICE THEREOF BY REGULAR MAIL TO THE PERSON OR ORGANIZATION AT WHOSE REQUEST THIS CERTIFICATE IS ISSUED, BUT THE COMPANY SHALL NOT BE LIABLE FOR FAILURE TO GIVE SUCH NOTICE, NOR FOR ANY ERROR. AGENT I BROKER R Parker- DOUbledee Ir_1 SIGNAL INSURANCE COMPANY rR IMPERIAL INSURANCE COMPANY 170 E. 17th Street Costa Mesa, California DATED. - 1 i By SI 1810 (4/69) AUTi ORIZED REPR SE NT ATIVE I CERTIFICATE OF INSURANCE 0 NAMED • R. W. McClellan & Sons, Inc. 1NuREO and 1700 Superior Avenue ADDRESS . Costa Mesa, California 92627 CERTIFICATE City of Newport Beach ISSUED TO 3300 West Newport Blvd. Newport Beach, California 11 II y BI CNN wsVw E INSURANCE^ BROKERS THIS IS TO CERTIFY THAT THE COMPANY INDICATED BELOW HAS ISSUED TO THE INSURED NAMED HEREIN, COVERAGE EFFECTIVE AS OF THE DATES AND FOR THE PERIODS AND LIMITS SPECIFIED BELOW AND SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIONS, AND LIMITATIONS OF THE DESCRIBED BINDERS OR POLICIES WHETHER SHOWN BY ENDORSEMENT OR OTHERWISE. ANY REQUIREMENTS OR PROVISIONS IN ANY CONTRACTOR AGREEMENT BETWEEN THE INSURED AND ANY OTHER PERSON, FIRM, OR CORPORATION WILL NOT BE CONSTRUED AS ENLARGING, ALTERING, OR AMENDING THE DEFINITION OF INSURED OR ANY OTHER TERMS OR CONDITIONS OF THIS CERTIFICATE OR THE POLICY DESIGNATED. KIND OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY COMPENSATION WORKMEN'S WGC 20246 1/1/72-73 STATUTORY CALIFORNIA COMPENSATION COMPENSATION after receipt by the City Clerk of tl ;ity of Ne EMPLOYER'S LIABILITY -- $500,000 PER OCCUR, COMPENSATION Califorbia, of a registered written notice of STATUTORY COMPENSATION STATE (S) OF WORKMEN'S COMPENSATION in coverage. California EMPLOYER'S LIABILITY - -$ PER OCCUR. LIABILITY EACH PERSON EACH OCCURRENCE BODILY INJURY LIABILITY- GLA 911021 1/1/73 -74 $ 250, 000. $ 500, 000. ALIT O ILE L L - EACH PERSON EACH OCCURRENCE EXCEPT AUTOMOBILE $ 2550 000. $ 500,000. PROPERTY DAMAGE LIABILITY- EACH OCCURRENCE AUTOMOBILE $ 100, 000. PROPERTY DAMAGE LIABILITY- EACH OCCURRENCE AGGREGATE EXCE TAUTOMOBIL $ 100 Q00. $ 500 000. AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE rt LESS $ DEDUCT, COLLISION OR UPSET * LESS $ DEDUCT. INLAND MARINE $ • ABSENCE OF ENTRY MEANS "ACTUAL CASH VALUE" EFFECTIVE ANY LOSS UNDER PHYSICAL DAMAGE COVERAGES WITH RESPECT TO THE AUTOMOBILEIS) DES- CRIBED BELOW IS PAYABLE AS INTEREST MAY APPEAR TO THE NAMED INSURED AND: Xx The City of Newport Beach is named as an additional insured as applies to the work performed on the below described project. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled, materially FORM 49-A (ON REVERSE) IS HEREBY INCORPORATED. } C E XXXXEKXXX XXXXXAKX4{ XXX XXPDPAXO�X XXX*KvxxxXX X hanged, nc r the policy allowed to lapse until ten (10) dayE after receipt by the City Clerk of tl ;ity of Ne ort Beach, City Hall, Newport Beach, Califorbia, of a registered written notice of uch cancelation or reduction in coverage. DESCRIPTION AND LOCATION OF OPERATIONS: Miscellaneous Concrete Reconstruction - Harbor Highlands, Westcliff and Baycrest Area, (Contract No. 1522) IN THE EVENT OF MATERIAL CHANGE IN OR CANCELLATION OF ANY OF SAID POLICIES, THE COMPANY WILL ENDEAVOR TO GIVE WRITTEN NOTICE THEREOF BY REGULAR MAIL TO THE PERSON OR ORGANIZATION AT WHOSE REQUEST THIS CERTIFICATE IS ISSUED, BUT THE COMPANY SHALL NOT BE LIABLE FOR FAILURE TO GIVE SUCH NOTICE, NOR FOR ANY ERROR. AGENT BROKER R Parker-DOUbledee SIGNAL INSURANCE COMPANY IMPERIAL INSURANCE COMPANY 170 E. 17th Street Costa Mesa, California DATED 1 BY (' GG. 'o SI ISIS (4/69) AU ORIZEO REPRESENTATIVE le CERTIFICATE OF INSURANCE • • NAMED . R. W. McClellan & Sales, Inc. INSURED and . 1700 Scpalor Avenue ADDRESS . Costa Mesa, California 92627 CERTIFICATE City of Newport Beach ISSUED TO 3300 West Newport Blvd. Newport Beach, California II U_�R G'e THIS IS TO CERTIFY THAT THE COMPANY INDICATED BELOW HAS ISSUED TO THE INSURED NAMED HEREIN, COVERAGE EFFECTIVE AS OF THE DATES AND FOR THE PERIODS AND LIMITS SPECIFIED BELOW AND SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIONS, AND LIMITATIONS OF THE DESCRIBED BINDERS OR POLICIES WHETHER SHOWN BY ENDORSEMENT OR OTHERWISE. ANY REQUIREMENTS OR PROVISIONS IN ANY CONTRACT OR AGREEMENT BETWEEN THE INSURED AND ANY OTHER PERSON, FIRM, OR CORPORATION WILL NOT BE CONSTRUED AS ENLARGING, ALTERING, OR AMENDING THE DEFINITION OF INSURED OR ANY OTHER TERMS OR CONDITIONS OF THIS CERTIFICATE OR THE POLICY DESIGNATED. KIND OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY COMPENSATION WORKMEN'S COMPENSATION WGC 20246 10/1/72 -73 OI PER EMPLOYER'S LIABILITY--$500,000 OCCUR. COMPENSATION STATUTORY COMPENSATION STATE(S) OF WORKMEN'S COMPENSATION California EMPLOYER'S LIABILITY - -$ PER OCCUR. LIABILITY EACH PERSON EACH OCCURRENCE BODILY GLA 911021 1/1/73-74 250,000. $ 500,000. AUT MOBRELIABILITY- $ UIRM L _ 1, ,� 11 t1 EACH PERSON EACH OCCURRENCE EXCEPT AUTOMOBILE $ $ PROPERTY DAMAGE LIABILITY- EACH OCCURRENCE AUTOMOBILE „ „ „ „ $ 100, OOO• PROPERTY DAMAGE LIABILITY- EACH OCCURRENCE AGGREGATE EXCEPT AUTOMOBILE $ $ A 81L PH SICALDAMA E". T COMPREHENSIVE • LESS$ DEDUCT. COLLISION OR UPSET rt LESS $ DEDUCT. INLAND MARINE $ • AMPIUrF DF FNTRY MFANS "ACTIIAI CASH V AI [IF" EFFECTIVE ANY LOSS UNDER PHYSICAL DAMAGE COVERAGES WITH RESPECT TO THE AUTOMOBILE(S) DES- CRIBED BELOW IS PAYABLE AS INTEREST MAY APPEAR TO THE NAMED INSURED AND: The City of Newport Beach is named as an additional insured as applies to the w performed on the below described project. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled, materially FORM 49-A (ON REVERSE) IS HEREBY INCORPORATED. changed, nthe policy allow to lapse until ten (10) dayafter receipt by the City Clerk of the City of Ne rt Beach, City Ii, Newport Bach, Califo , of a registered written notice of such mill or reduction coverage. DESCRIPTION AND LOCATION OF OPERATIONS: Miscellaneous Concrete Reconstruction - Harbor Highlands, Westcliff and Baycrest Area, (Contract No. 1522) IN THE EVENT OF MATERIAL CHANGE IN OR CANCELLATION OF ANY OF SAID POLICIES, THE COMPANY WILL ENDEAVOR TO GIVE WRITTEN NOTICE THEREOF BY REGULAR MAIL TO THE PERSON OR ORGANIZATION AT WHOSE REQUEST THIS CERTIFICATE IS ISSUED, BUT THE COMPANY SHALL NOT BE LIABLE FOR FAILURE TO GIVE SUCH NOTICE, NOR FOR ANY ERROR. AGENT OR BROKER Parker- Doubledee 170E. 17th Street Costa Mesa, California SI 181B (4/69) SIGNAL INSURANCE COMPANY IMPERIAL INSURANCE COMPANY .. , yiL7fi7e _ IRBY 7• if CONTRACT NO. 1522 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR MISCELLANEOUS CONCRETE RECONSTRUCTION HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS 1972 -73 Approved by the City Council this 9 day of April 1973. Laura' Lagios, City Cl Irk SUBMITTED BY: CITY CLERK R. W. McClellan & Sons, Inc. Contractor 1700 Superior Avenue A dd ress Costa Mesa, California 92627 City Zip Mode 548 -5511 Phone $23,107.95 Total Bid Price CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MISCELLANEOUS CONCRETE RECONSTRUCTION HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS 1972 -73 CONTRACT NO. 1522 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: PR 1 of 2 The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 1522 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 175 Construct 6" Type "A" Portland cement Lineal Ft. concrete curb and gutter excluding curb returns, as shown on the plans. 2. 3. @ Four Dollars and forty -nine Cents $ 4.49 $ 785.75 Per Lineal Foot 7200 Sq.Ft. Construct 8" portland cement concrete cross gutters and splash pads over 4" aggregate base as shown on the plans. @ One Dollars and ninety -four Cents $ 1.94 $13,968.00 Per Square Foot 10 Each Construct 8" Portland cement concrete spandrels including curb returns over 4" aggregate base as shown on the plans. @ Seven hundred seventy -six Dollars and no Cents $ 776.00 $ 7,760.00 Per Each E PR2of2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTK[_ NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 240 Sq.Ft. Construct 6" Portland cement concrete drive approach per Figure "D" of the plans. @ One Dollars and fort. -three Cents $ 1.43 $ 343.20 Per Square Foot 5. 251 Sq.Ft. Construct 6" thick asphalt concrete pavement as shown on the plans. @ One Dollars and no Cents $ 1.00 $ 251.00 Per Square Foot TOTAL PRICE WRITTEN IN WORDS: Twenty -three thousand. one hundred. seven Dollars and ninety -five Cents R. W. McClellan & Sons ,Bidder s Name April 19, 1973 Date CONTRACTOR'S LICENSE NO. 247553 TELEPHONE NUMBER 54$-5511 CONTRACTOR'S ADDRESS 1700 Superior Avenue, Costa Mesa, CA 92627 • • Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:30 A.M. on the 2 day of ' 1973 , at which time they will be opened and read, for performing work as follows: MISCELLANEOUS CONCRETE RECONSTRUCTION HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS 1972 -73 CONTRACT NO. 1522 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required an the—Corporate 3 - Seal shall be affixed to all documents requiring signatures. In the case of a ar�hip, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) • • Page la The city has adopted the Standard Specifications for Public Works Construction (1970 edition and supplements ) as prepared by the Southern Ca i ornia Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The city has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $3.00 per set. In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolution No. 7718 adopted June 12, 1972. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The city reserves the right to reject any or all bids and to waive any informality in such bids. Revised 6 -12 -72 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy,bet}veen words and figures, the works shall prevail. In case of an error in the extension of 'a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for-any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No, 247553 Classification C -12, SA,. SC -21, SB -1, SC --r- Accompanying this proposal is Bidder's Bond Cash, Certified Check, Cashiers Check or Bond in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to, comply with such provisions before commencing the performance of the work of this contract. 548 -5511 Phone Number A ri1 19 1973 ate R. W. McClellan & Sons, Inc. idder.s Mama nn (SEAL) : President zea 5tgna A California corporation Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: R. W. McClellan, Jr. - President Michael W. McClellan - Sec/Treas. R. W. McClellan, Sr. - Sr. Vice Pres. Page 3 DESIGNATION OF SUB - CONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the sub - contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub- contractors except upon the prior approval of the Engineer. Item of Work Sub - contractor Address 1, Markel Cement Contracting 2., 3, 4. 5. 6. 7. 8. 9. 10. 11. 12.. R. W. McClellan & Sons, Inc. S/ MidhAT W.3 Mc:t1elfta S /Treas gna e a California corporation Type of rgan zat on (Individual, Co- partnership or Corp) 1700 Superior Avenue Costa Mdsa AW"efs2spnia r "FOR- OR.NAL SEE CITY CLERK'S FILE COPY* Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, R. W. McClellan and Sons, Inc. as Principal, and The American Insurance Company as Surety, are held and firmly bound unto the City,of Newport Beach, California, in the sum of Ten Percent of Contract Bid Dollars ($ 10% of Bid ), lawful money of the United States for the payment of which sum well,and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of.the above bounden principal for the construction of Miscellaneous Concrete Reconstruction Harbor Highlands, Westcliff & Baycrest in the City of Newport Beach, is accepted by the City Council, of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 23rd• day of April , 19 73 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) Kenneth L. Parker Commission expires May 8, 1974 The American Insurance Company Surety By S/ George L, Doubledee Title Attorney -in -Fact M 0 0 Page 5 . NON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any'public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrange- ment or agreement.with'any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material - man which is not processed through said bid depository, or which prevent any 'subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no induce- ment or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any. person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomesoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me by Michael W. McClellan this 19 day of April , 19_13_:. My commission expAres: May 1, 1976 R. W. McClellan & Sons, Inc. S/ Barbara H. Wallers Notary Public "FOR ORIGINAL SEE CITY CLERK'S FILE COPY'% Page 6 ; STATEMENT OF FINANCIAL RESPONSIBILITY The.undersigned submits herewith a statement of his. financial responsibility. ON FILE WITH THE CITY OF NEWPORT BEACH Page 7 ., TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. ON FILE WITH THE CITY OF NEWPORT BEACH _�.KKr_ � • v.._ae mss- .��. "SC:'r' _............__ r�.._._ �. ��..._�rw..�.�_...�..u.�w�.�ao. .s.ti -i'..t �- ..�..+.��— n- {lM1i:- Bond #7108663 •Premium: Included Page 8 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted May 7, 1973 .. .... ..... .. ....... has awarded to R. W. McClellan & Sons, Inc: hereinafter designated as the "Principal ", a contract for Miscellaneous Concrete Rbconstruction- Harbor Highlands, Westcliff, and Baycrest Areas (Contract No. 1522) in the City of Newport Beach, in strict conformity with the Drawings and Specifications, and other contract documents on file in the office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its.subcontractors, shall fail to pay for any materials, provisions, provender, or .other supplies_ or teams used in, upon,.for, or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We R. W. McClellan & Sons, Inc. as Principal, hereinafter designated as the Contractor and (V,as Surety, are held firmly bound Unto the City of Newport ch,,in the sum f ,t3 and 98���9- ._...,. /0 kleyen— t66usaiia f VLe hui d -rea- fifti.thtge=- Dollars ($ 112553.98 j said sum being one -half of the estimated amount payable by the City. of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or his.subcontractors, fail to pay for any materials, provisions, provender,.or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and alto, in case suit is brought upon the bond, a reasonable attorney's fee;; to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. 0 (Labor and Material Bond - Continued) 0 Page.9 This bond shall inure to the benefit of any and all persons, companies, and corporation entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit- brought upon this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And the said Surety, for value extension of time, alterations to be performed thereunder or affect its obligations on this extension of time, alterations work or to the specifications. received, hereby stipulates and agrees that no change, or additions to the terms of the contract or to the work . the specifications accompanying the same shall in any wise bond, and it does hereby waive notice of any such change, or additions to the terms of the contractor or to the In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety . above named, on the 14th day of May 1973 R. W. McCl 1 an & Sons, Inc {Seal) LOU Seal) (Seal) contractor The American Insurance Co. (Seal) (Seal) orge L. Doubledee Attorney -in -Fact (Seal) A o ° ved as fo f WSJ ity Attorney This bond was approved by the City Council of the City of Newport Beach by motion on ae Attest: City Clerk C Z_ D � n " 0 SQO :T7 y � d C ^. n � O ♦ a � v ♦�9 c C: ♦C � � yr •6 � r� •y �j X� 3 • °0 3 ♦ x .`Y { �o ♦ N ♦ � O � � 3 � m d � o 6 � _d d 6 � d � x� O (D f = 6 m a 6 O 0 6 f n� ~ O O (p = N N .`G O �9 tD N A d V n 0 c 0 N s m 0 n 0 a z a fJ 0 N N P A m K 0 3 9 N a x 0 Q o 0 y a � ^. N CO J D m a tr a K a t a z a R m n � q _w 0 � � m � o. a a � F A y x 0 G a c !D 0 O q y 'U & a w a� o � y " m T x '• m .o � m a a m � 0 A N !� n c_ 0 Fr m a m q a K w o � �r N O � a a r a � a v 0. W 8 0 'tY N 4 q b m q m" a Q CD- r a z • o d A O � G c O' b" r n (D a N a 0 0 0. n 0 e a a. Q m N a 5 W 0 N o c 0 o C"] w O r H Y• .i O m :j W N Bond #7108663 Premium 073.00 Page. 10 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 May 7, 1973 has awarded to R. W. McClellan & Sons, Inc. hereinafter designated as the "Principal ", a contract for Miscellaneous Concrete Reconstruction - Harbor Highlands, Westcliff, and Baycrest Areas (Contract No. 1522) in the City of Newport Beach, in strict conformity with the drawings and specifications and other contract documents now on file in the office of the City Clerk of the City of Newport Beach. WHEREAS, said Principal has executed or is about to execute said contract and the terms whereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, R. W. McClellan & Sons, Inc. as Principal, hereinafter designated as the "Contractor ", and The American Insurance Company As Surety, are held and firmly bound unto the City of Newport Beach, in the sum of and ninetxx-five cents Twenty -three thousand, one hundred seven Dollars ($ 23,107.95 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,.his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 11 (Performance Bond - Continued) And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change.-extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond.as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this insthument has been duly executed by the Principal and Surety . above named, on the 14th day of May , 19L. R. W. McClell'gn & Sons, Inc„_ '-_(Seal) FIA _ � /-On The American Insurance Comuanv (Seal). (Seal) o ge L. Doubledee Attorney- in-6Fact The (Seal) urety Approved as to form: ^ ��� , C i ty Att&ney \e 7 2/ @ 2ke /; � /E \ }�\ \\ IZ R^ m; } /// : {\ {} \\ \/ \\ � \} /§ � 4 / » j� \ } \��/ /} � � _ � \� \� ,�- \\ , \ \ W m N N m m m ,c n U a 3 N b m V A ° a 0 Q 0 m 0 0 0 � Y a ° N ° � a o m a Q o m ° n > a ^ O A � T T o N ° a � n � H C C O � CD y 0. ° a �a � m r r• a � n w w a � C_ x o � a £ ° phi a y m � Y a c m B o a C1 m ° a D o w 5 4 e s xa 0 o o � O m 0 Q o o tr a m m a' x '^ m .0 N y a' £ m s 0 0 m Fj x !^ n c m a To o a N a � w 0 N V � r a � ° v a W 6 0 b m ° ° b A 'm a O 0 � m tj r° z • o v' 0 K O O' o" n CL' m ° m a 0 Q n 0 5 K ° n. N Q m 0 o. w 0a e � 5 o n O r n H. : o 3� rd w N 0 • Page 12 CONTRACT THIS AGREEMENT, made and entered into this 3AW day of , by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as 19 73 , the City, party of the first part, and R. W. McClellan & Sons, Inc. hereinafter designated as the Contractor, party of the second part. WITNESSETH: That the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for the construction of Miscellaneous Concrete. Reconstruction - Harbor Highlands, Westcliff, and Baycrest Areas (Contract No. 1522). and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish.at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (Except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the .City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work. except such as in said Specifications are expressly stipulated tube borne by the Cityy and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials'.and to do the work . according to.the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. gg r Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year'first above written. CITY OF NEWPORT .,BEACH, CALIFORNIA By: y mayor ATTEST: City el er R W McClellan & Sons, Inc. By : Byy Approved as to form: Title 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR MISCELLANEOUS CONCRETE RECONSTRUCTION HARBOR HIGHLANDS, WESTC IFF, AND BAYCREST AREAS -1- 11 CONTRACT NO. 1522 SECTION PAGE I. Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 III. Completion and Schedule of Work . . . . . . . . . . . . . . . . 1 IV. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. Traffic Control . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. Existing Utilities . . . . . . . . . . . . . . . . . . . . . . . 2 VII. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. Construction Details . . . . . . . . . . . . . . . . . . . . . . 2 1. Pavement Removal, Excavation, and Subgrade Preparation . . . 2 2. Portland Cement Concrete . . . . . . . . . . . . . . . . . . 2 3. Storm and Nuisance Water . . . . . . . . . . . . . . . . . . 3 4. Project Site Maintenance . . . . . . . . . . . . . . . . . . 3 5. Adjustment of Utility Boxes, Vaults, etc. to Grade . . . . . 3 i. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR • SP 1 of 3 MISCELLANEOUS CONCRETE RECONSTRUCTION HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS 1972 -73 CONTRACT NO. 1522 I. SCOPE OF WORK The work to be done under this contract consists of furnishing all labor, equipment, transportation, and material necessary to complete the various portland cement concrete and asphaltic concrete removals and improvements as shown on the plans, complete in place. The contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing No. R- 5222 -S), and the City's Standard Drawings and Specifications. The City's Standard Specifications are the Standard Specifi- cations for Public Works Construction, 1970 Edition with 1971 and 1972 supple- ments. Copies may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, Telephone: (213) 870 -9871. Copies of the City's Standard Special Provisions may be purchased from the Public Works Department at a cost of $2.00. II. PERMITS The City will be responsible for obtaining any permits required by the State in conjuntion with the recent coastline initiative passed by the voters on November 7, 1972. All fees will be waived by the City except that the contractor must have a valid City business license prior to starting work. III. COMPLETION AND SCHEDULE OF WORK The contractor shall submit a schedule of work to the City within five (5) calendar days after notification of contract award. Work shall commence within five (5) calendar days after receiving the City's approval of the schedule and all work must be completed within forty -five (45) calendar days thereafter. City forces will require one day, after removal and prior to construction of the new curb and gutter, for tree root pruning on 21st Street. IV. PAYMENT All incidental items of work not separately described in the proposal shall be included in the unit price bid for the various items of work and no additional compensation shall be made. Any asphaltic concrete patching and /or feathering needed to meet existing street grades at joins with new concrete construction, • IV. PAYMENT - (Cont'd.) • SP 2 of 3 except where A.C. removal and replacement is specifically shown on the plans shall be paid for under the price bid for other items of work. The portion of curb and spandrel removed and replaced at the northwest corner of Highland Drive and Oxford Lane (Figure 17) shall be included in the price paid for curb and gutter, and not for spandrels. V. TRAFFIC CONTROL The contractor shall provide traffic control in compliance with Section 7 -10 of the Standard Specifications. Work shall progress in such a manner that one half of the street will remain open to vehicular traffic at each street location. A sufficient number of lighted barricades shall be provided by the contractor to ensure safe travel through the construction zones. VI. EXISTING UTILITIES The contractor shall investigate and protect all existing utilities in conformance with Section 5 of the Standard Specifications. Known utilities are indicated on the plans. Prior to performing construction work, the contractor shall be responsible for requesting each utility company to confirm the location of its facilities. VII. WATER The contractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the contractor desires to use available City water, it shall be his responsibility to make arrangements for water purchase by contacting the City Utilities Superintendent, Mr. Tom Phillips at (714)673 -2110 extension 267. VIII. CONSTRUCTION DETAILS Pavement Removal, Excavation, and Subgrade Preparation Existing portland cement concrete and asphalt concrete improvements to be removed shall be sawcut a minimum of 2" deep at locations as shown on the plans, or as directed by the engineer. Final removal at the sawcut lines may be accomplished by the use of jack hammers or sledge hammers. It is emphasized that edges created by other means or final removal accomplished by other means will not be acceptable. Hard blow pavement breakers, such as stompers, will not be permitted on the job. Subgrade preparation and excavation shall be in conformance with Section 301 of the Standard Specifications. 2. Portland Cement Concrete Portland cement concrete construction shall be in conformance with Section 302 -6 and 303 -5 of the Standard Specifications. The portland cement concrete used for construction shall be class 564 -C -3000. • • SP3of3 VIII. CONSTRUCTION DETAILS - (Cont'd.) The portland cement concrete shall be placed within four (4) working days after removal of the existing improvement at each location. Barricades shall be set out immediately following placement of the concrete and no vehicular traffic will be allowed thereon for a minimum of seven (7) days. 3. Storm and Nuisance Water The contractor shall provide for the continuous flow of storm and nuisance water during the progress of the work by constructing temporary berms, sandbags, etc. to avoid damage to the improvements and adjacent properties. 4. Project Site Maintenance The construction site shall be maintained in accordance with Section 7 -8 of the Standard Specifications. The contractor shall be required to furnish and operate a self loading motor sweeper with spray nozzles when, in the opinion of the engineer, street areas are not kept acceptably clean. 5. Adjustments of Utility Boxes, Vaults, etc. to Grade All miscellaneous utility boxes or vaults shall be adjusted to finish grade prior to placement of Portland cement concrete. No separate compensation will be made for this work. P RESOLUTION NO. 7 98 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR MISCELLANEOUS CONCRETE RECONSTRUCTION TO R. W. MC CLELLAN & SONS, INC., CONTRACT No. 1522 WHEREAS, pursuant to the notice inviting bids for work in connection with miscellaneous concrete reconstruction, in accordance with the plans and specifications heretofore adopted, bids were received on the 2nd day of May, 1973, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is R. W. MC CLELLAN & SONS, INC.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of R. W. MC CLELLAN & SONS, INC, for the work in the amount of $23,107.95 be ac- cepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 7th day of May , 1973. Mayor ATTEST: City Clerk 'Rlln malimAlt ONNIE, e'. m m m N 1� ME 0 i 2 Al zaF :} o rn t Dl'J,3 ti r N b 1 nm�ni `N e'. m m m N 1� ME 0 JIIII" 2 Al zaF :} o rn t Dl'J,3 ti r N b 1 `N 0 t LA n , S a C z ID s U © R • C 3r, 3 ) 3 h z � _ 0 JIIII" • CONTRACT NO. 1522 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR MISCELLANEOUS CONCRETE RECONSTRUCTION HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS 1972 -73 Approved by the City Council this 9 day of April 1973. aurC a' Lagios, City CT rc SUBMITTED BY: R. W McClellan & Sons ,Inc. Contractor 1700 Superior Avenue dress Costa Mesa, California 92627 City Zip Code 546 -5511 one Total Bid Price CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MISCELLANEOUS CONCRETE RECONSTRUCTION HARBOR HIGHLANDS, WESTCLIFF, AND BAYCREST AREAS 1972 -73 CONTRACT NO. 1522 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: PR 1 of 2 The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 1522 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 175 Construct 6" Type "A" portland cement Lineal Ft. concrete curb and gutter excluding curb returns, as shown on the plans. @ Four Dollars and lo u -nine Cents $ 4.49 $ 785.75 Per inea oot 2. 7200 Sq.Ft. Construct 8" portland cement concrete cross gutters and splash pads over 4" aggregate base as shown on the plans. o!� @ One Dollars and nine -four Cents $ 1.94 $ 13,968.00 Per Square oot 3. 10 Each Construct 8" portland cement concrete spandrels including curb returns over 4" aggregate base as shown on the plans. @ Savpn hunrirpri , sPVPnty —six Vol l ars and no Cents $ 776.00 $ 7760.00 Per Eac 0 0 PR2of2 ITEM QUANTITY M DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 240 Sq.Ft. Construct 6" portland cement concrete drive approach per Figure "D" of the plans. @ Qna Dollars O �� and - ree Cents $ 1.43 $ 343.20 er Square Foot 5. 251 Sq.Ft. Construct 6" thick asphalt concrete pavement as shown on the plans. @ One Dol l ars and no Cents $ 1.00 $ 251.00 Per Square Foot TOTAL PRICE WRITTEN IN WORDS: o kz- Twenty -three thousand, one hundred, seven Dollars and nines -five Cents April 19. 1973 Date CONTRACTOR'S LICENSE N0. 247553 S name Michael W Sons.Inc. , Sec /Treas. TELEPHONE NUMBER 548 -5511 CONTRACTOR'S ADDRESS 1790 Superior Avenim. Costa MeAR California 92627 ---1 0 0 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the works shall prevail. In case of an error in the extension of 'a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No, 9,475s3 Classification �, SC- 21,SB -1,S� Accompanying this proposal is Bidder's Bond Cash, Certified Check, Cashiers Check or Bond in an amount not lesp than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. R. W. McOleXa Sons, Inc. hone Number Bid s April 19, 1973 e(SEAL) ` ate uthor' a S! a ure M&_1mj�Vy� le1Aan. Sec /Treas . W. McClellad, Jr. - President pe or urganlzatlon ndividual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: R W Mr('1P11an Jr_ - Pr .a'd -nt Michael W. McClellan - Sec /Treas. R. W McClellan, Sr. - Sr. Gice Pres. -. Page 3 DESIGNATION OF SUB - CONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the sub - contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these sub - contractors except upon the prior approval of the Engineer. Item of Work Sub - contractor Address 1. 2.. 3. A. 5. 6. 7. 8. 9. 10. 11. 12.. a California corporation Type of rgan zat on (Individual, Co- partnership or Corp) 1700 Superior Avenue Costa Masa, California ress BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, R. W. McClellan and Sons, Inc. and The American Insurance Company Page 4 as Principal, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Contract Bid Dollars ($ 10% of Bid ), lawful money of the United States for the payment of which sum well.and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of Miscellaneous Concrete Reconstruction Harbor Highlands,, Westcliff & BayQrest in the City of Newport Beach, is accepted by the City Council, of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from ' the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 23rd day, of April 19 73 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) Ln Ti tie. R. W.4tCl4lla� and Sons - xJ Pa I f 1,,_t f I I The American Insurance Company G) \ / j \ , / �f \ ) } } � In- % \\� \ \\ � \\ ) 2 }\ ,¥ §!; / \( �\ Ef= \ {) \ §& !(\ /)* \� \) 2\ )i \ \� \/ 4Q }� \� 0 M E7 /\ \� $} \\ }\ rD P1 \/ I,' ` n H c � y m 0 T n Y J^ p z cli i i M m 1 =d 1 z •� p� •�d� • o • ° !� � 9Z1 • A _ � ... mTOFC � • � [C .-� CJ v j m � n,� • �o°i K � � o_ .-Mal 'T. C x H go P Flo I ° N 2U�I ♦ o m m ♦ 11 • • 3 c �•• = m °D' F V 6P m o._W NECORDING REQUESTED BY • • AND WHEN RECORDED MAIL TO Name F Saeet Address Q t Stole I Zip ` l_ GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corperation duly organized and existing under the laws of the State of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made, constituted and appointed, and does by these presents make, constitute and appoint GEORGE L. DOUBLEDEE AND KENNETH PARKER, jointly or severally its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof ------------------------------ --------------- ---------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seat of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in- Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By -laws of THE AMERICAN INSURANCE COMPANY adopted on the 7th day of May, 1963, and now in full force and effect. "Article VllI, appoinbuent and Authority of Rsidcnt Assistant Secretaries, and Attornrys -in -Fact and AAior" to accept ]sepal Prose.,a and Maka .Ipp, uia oss. Section 30. APPoi + +hnrnt. The Chairman of the Board of Directors, the President, any Vice - President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice- President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31. Autlmripr. The Authority of such Resident Assistant Secretaries, Attorneys -in -Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and an such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment" This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966, and that said Resolution has not been amended or repealed: 'RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seat of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice - President, and its corporate seal to be hereunto affixed this 25th — of__,__ June 191 =. � PME4r �rw 4i THE AMERICAN INSURANCE COMPANY \. L 'r 4�NCE Casa By _. _.. JAMES H. WELLS, Vice - President STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO ss. On this 25th day of_ - -- -._. June.._ —_. —, 1971, before me personally came JAMES H. WELLS, to me known, who being by me duly sworn, did depose and say: that he is Vice President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seat affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. �I III III IIII NIIIIIIIII 1 1111111 /IIIIINIIINIIININNIII ■ ETHEL L WATKINS ® NOTARY PUBLIC - CALIFORNIA CITY a coun of SAN FRU nISCO e My Commission Etrphel Much L 1975 ZununnnunnuN--N ----- uunnnnnunn� STATE OF CALIFORNIA, ss. CITY AND COUNTY OF SAN FRANCISCO CERTIFICATE Q ETHEL L WATKINS Notary Public 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sections 30 and 31 of the By -laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City and County of San Francisco. Dated the ....day of_ 19 —. ,MF4tc •(1 p_ ............._.........._... .. ....._.......ED H........H. ................_...._.._Assist............._an_..t .....,..............,..._.._._.._.. .............._..............._ �NeE cod' WINIFR BROWNE, Secretary 360545 (HO) — TA — 4 -71 Page 5 NON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrange- ment or agreement with'any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material- man which is not processed through said bid depository, or which prevent any 'subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no induce- ment or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomesoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. STATE OF CALIFORNIA: COUNTY OF ORANGE: Subscribed and sworn to before me by Michael W. McClellan this 1 9th _ day of April , 1973 - MY commission expires: ��� ♦111 ♦���N�ON♦ ♦ ♦♦ ♦ ♦ ♦t ♦� ♦ ♦♦ ♦ OFFICIAL SEAL BARBARA H. WALLERS ' NOTARY PUBLIC CALIFORNIA ♦ P111=11. OFFICE IN ♦ ONANO[ COON" > My Commotion Expins My 1. 1976 ^♦♦♦N♦♦♦♦N♦NNNNNNN♦♦< Notary FuSlic Barbara H. Wallers Page 8 'STATEMENT OF FINANCIAL RESPONSIBILITY The.undersigned submits herewith a statement of his financial responsibility. ON FILE WITH THE CITY OF NEWPORT .BEACH Michael W McClellan, Sec /Treas. Page 7 . TECHNICAL ABILITY AND EXPERIENCE REFERENCES. .The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. ON FILE WITH THE CITY OF NEWPORT BEACH C gne Michael W McClellan; Sec /Treas.