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HomeMy WebLinkAboutC-1615 - Riverside Avenue bike trailOctober 29, 1974 OCT 2 9 1974 CITY COUNCIL AGENDA n., ITEM NO. H -10 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL (C -1615) 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 the construction of the Riverside Avenue pedestrian and bicycle trail has been completed to the satisfaction of the Public Works Department. The bid price was: $11,505.00 Amount of unit price items constructed 8,537.10 Amount of change orders 955.00 Total contract cost 9,492.10 Amount budgeted in the General Fund 11,505.00 One change order in the amoun- of $955.00 was issued to cover the construction of a drive approach to the :ower park area and steps in the Scout House walk. The design engineering was ; :- formed by the Public Works Department staff. The contractor is Markel Ce:_:t Contracting of Costa Mesa, California. The original contract date completion was September 8, 1974. The contractor was delayed 35 days due to ne cement masons strife, however the work was completed by September 30, 1974. l,l oseph erk vlin ublic Director :hh JUN 2 4 1974 June 24, 1974 By ihs CITY COUNCIL CITY COUNCIL AGENDA CITY 6P i f 86ACti ITEM NO. H-2 (d) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL (C -1615) RECOMMENDATION: Adopt a resolution awarding Contract No. 1615 to Markel Cement Contracting, Inc. of Costa Mesa for $11,505 (Bid Items 3 and 4 only), and authorizing the Mayor and City Clerk to execute the contract. DISCUSSION: Four bids were received and opened in the office of the City Clerk at 10:00 a.m. on June 11, 1974. The low bid for all bid items is 78.8% higher than the engi- neer's estimate of $13,300. Bid Items 1, 2, and 5 related to the retaining walls on Riverside Avenue and on Hospital Road. Due to the unanticipated bid cost of these items, it is recommended that they be deleted from the project. An exhibit is attached showing the deleted items of work. The low bid for bid items 3 and 4 (the bicycle trail and two drainage structures) is 35.4% higher than the engineer's estimate for these items of $8,500. The difference is primarily attributable to increases in materials costs for the drainage structures. .. I Total Bid Bid Bidder Items 1 -5 Items 3 & 4 only 1. Markel Cement Contracting, Inc. $23,782 $11,505 Costa Mesa 2. Witon Construction Co., Inc. 28,890 12,120 Alhambra 3. R. M. Skamnes, Tustin 29,176 17,660 4. G. C. Burney Co., Santa Ana 37,150 15,150 The low bid for all bid items is 78.8% higher than the engi- neer's estimate of $13,300. Bid Items 1, 2, and 5 related to the retaining walls on Riverside Avenue and on Hospital Road. Due to the unanticipated bid cost of these items, it is recommended that they be deleted from the project. An exhibit is attached showing the deleted items of work. The low bid for bid items 3 and 4 (the bicycle trail and two drainage structures) is 35.4% higher than the engineer's estimate for these items of $8,500. The difference is primarily attributable to increases in materials costs for the drainage structures. .. I WWI June 24, 1974 Subject: Riverside Avenue Pedestrian and Bicycle Trail (C -1615) Page 2 Funds for this project are available in the current budget and will be charged as follows: Amount 1. Riverside Avenue Sidewalk Account 5,600 (No. 02- 3997 -025) 2. Bicycle Trails Construction Account 5,905 (No. 02- 7697 -018) Total $11,505 Markel Cement Contracting Company has satisfactorily per- formed similar work for the City in the past. Plans were prepared by the °Public Works Department. The esti- mated date of completion is August 30, 1974. t epvlin i Director id a AV e° �3 32 �V /E� qs/ m� 2 N Is, _ o .PETA //r/ /NG fY.4LL A/YO of TiPA /L 7v BE OELETEO �,pT m Fo o I OF T,p.4 39 /vr p_ f ��� a /%. R• "' `� ° ,24.81' 41 48 sr 42 0 45 4!0 %44 � 156 44.l6 1 {,POS %D%F�LC f "v ��fi ^, 4 tG 15• ` 11 IDU /LD /NG l,. 1 ,1 •zml . 43 .3p. •ZLT�J,• x.17 r 3'M '' O Q\� �'. 9Niri0•.LR S�., Ti60• oy' O� g i 11 i RES��Sg� -- .... -. . J i /�� I I 1 j � .P /l�ER9 /OE .4liENUE { I 1 1 i JIF_ t MAY 2 R 1974 TO: CITY COUNCIL FROM: Public Works Department May 28, 1974 CITY COUNCIL AGENDA ITEM NO. H -11 SUBJECT: RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL (C -1615) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 10:00 A.M. on June 11, 1974. DISCUSSION: The current budget provides for the construction of a six -foot wide concrete sidewalk along the west side of Riverside Avenue, from Cliff Drive to Avon Street. The Citizens Advisory Bikeways Committee has recommended that the proposed sidewalk be widened to ten feet and also utilized as a bicycle trail. The additional four feet of width and the construction of a retaining wall on Riverside Avenue near Avon Street would be financed with funds from the budgeted item for the construction of bicycle trails. The contract also includes construction of a small planter wall to protect an existing eucalyptus tree adjacent to the sidewalk on the southerly side of Hospital Road. Since the location is within the right -of -entry for the slope construction on Hospital Road, the City is responsible for the con- struction of this wall. A budget amendment for the Hospital Road planter wall will be pre- sented for Council consideration at the time of award of the contract. The funds will be appropriated from the Gas Tax Fund., as follows: The estimated cost of construction is $13,300 and would be charged Riverside Avenue sidewalk account: $5,600 Bicycle Trails construction account: 6,700 Gas Tax Fund: 1,000 An exhibit is attached showing the location of the project. The plans were prepared by the City. The estimated date of completion is August 30, 1974. / seph olin W s D I/ P blic W s Director B:hh Att. I i' , 4 k'4Y ��O44T /qp Y,app 1 wY 0 Qf RoyPi pU Opt, 0Sp01 0o y d OR4DE JEAW'dr1ow A OQVE) i 'v<• � o�F Jr C Np ;0 /6nv C.o �1 I�-� ER I 1 NOtt le grip �cD O h 0 V O I 4i r7 L \ Q VEti :✓ _ l COMMI pock, i TURNING BAS /N L /DO ,'/ 0 S If � O �D to mp, If lip �aoc� F;10 p� o r B42BO.d RDY —A Z —Fc_ 1�j���a �C�l% S IDQ EXHIBIT ; RIVERSIDE AVENUE PEDESTRIAN AND QF BICYCLE TRAIL i NEw�� C -1615 r. . . L"AL 140TICE LEGAL NOTICE CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:00 A.M. on the 11 day of June, 1974,. at which time they will be opened and read; for performing Work as follows: RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL CONTRACT NO. 1615 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 con - talning 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 Presi- dent and Secretary or Assistant Secretary are required and the Corporate Seal shall be affixed to all documents requir- ing signatures. In the case of a Partnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the propoftal. 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 to returned within 2 weeks after the bid opening. The City has adopted the Standard Specifications for Public Works Construction (1973 Edition) as prepared by the Southern California Chapters of the 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 Stand- ard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds,.and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 at 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, classifi- cation, or type of workman or mechanic needed to execute the contract and has set forth these items In Resolution No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770- 1781 inclusive). The city reserves the right to reject any or all bids and to waive any informality in such bids. LAURA LAGIOS, CITY CLERK CITY OF NEWPORT BEACH, CALIFORNIA Publish: May 30, 1974, in the Newport Harbor Ensign. cr 4 y December 6, 2974 Markel Cement Contracting, Inc. 151 Commercial Way Costa Mesa, CA 92627 Subject: "urety : Hartford Accident f Indemnity Co. tends *bo. : 399 39 85 Project : Riverside Avenue Picyele /Pedestrian Trail Contract No.: 1615 The City Council on October. 29, 1974 accepted the work of subiect project and authorized the City Cierk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. otice of Completion was filed with the Orange County Recorder on November 19, 1974 in ?3eok 11289, `age 1893. Please notify your surely company that bonds may be released 35 days after reeordinj* date. Laura Lagios, CMC City Clerk LL: ,wk cc: ublic Works DepartiTent PLEASE RETURN 701 IICQ s%EO LAURA LAGIOS, CITY CLERK el.' CITY OF NEWFO'RT BEACH 3300 NEWPO:i7 BOULEVARD NEWPOM BEACH, CALIF. 92660 652 1po BN i 127SP6 243 FXC 10 1 5103 EXEMPT NOTICE OF COMPLETION PUBLIC WORKS RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. NOV 1 1974 J. WYLIE CARLYLE, County Recorder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on 9 -30 -74 the Public Works project consisting of Riverside Avenue Bicycle /Pedestrian Trail. C -1615 on which I - CifiRt Contracting ICnc. was the contractor, and J Hartford Accident & Inderm was the surety, was completed. CITY OF NEWPORT BEACH b is Works Director VERIFICATION I, the undersigned, say: I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 30, 1974 at Newport Beach, California. I, the undersigned, bay: I am the City Clerk of the City of Newport Beach; the City Council of said City on . October 29, 1974 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 30, 1974 at Newport Beach, California. XVL rvov i'. »�4• `ryEil°,;r;F rl r -.� in Y.. REOORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. NOV 19 1974 J. WYLIE CARLYLE, County Recorder t¢ W N -o LA W Cc Noveffiber 15, 1974 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, CA 92702 0 We are returning Notice of Completion of Public Works project involving the Riverside Avenue Bicycle/Pedestrian Trail, our Oontract No. 1616 on which Markel Cement Contracting was the contractor. Unfortunately, the wrong insurance ompany was listed as the surety. the correct surety is the Hartford Accident 6 Indemnity Ompany. Please re-record this docment and return to our office. Mm* you for your assistance. Shirley Yeller City Clerk's Office awk enc. TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. Project Date July Ulp 1974 Tfout IdVatfi& *AMA Attached is signed copy of subject contract for transmittal to the contractor. Contractor: tlul"1 Commt 0whwting (b•• Inc. Address: lbl g Was OWU Mlia• CA 92827 Amount: $ 11rb05.JO Effective Date: Resolution No. 8299 Laura Lagios LL:dg Att. cc: Finance Department [� COMPREHE EXCESS UP -CITY OF NEWPORT BEACH 41 CERTIFICATE OF INSURANCE FOR CONTRACT WORK FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. 1615 Project Description:RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL This is to certify that the UNITED PACIFIC INS. CO. & MISSION INSURANCE CO. (Name of nsurance Company) has issued to CHARLES MARKEL, DBA: MARKEL CEMENT CONTRACTING, INC. ame of nsure 151 COMMERCIAL WAY, COSTA MESA, CALIF. 92627 (Address of Insure the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, Ca. 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. Coverage Policy No, Pol i Cy' Orm...........Limits o a' it....... Each ccurance ggregate NSIVE GENERAL LIABILITY (Minimum: (Minimum: LP 3275665 /1/74 - 4/1/75 $500,000) 500,000 Protective $250,000/500,000 :* 500,000 Products 500,000 Contractui EXCESS OF ABOVE COMPREHENSIVE LIAB. From: 1,o0n.000 Protectiv( Combined Single $ 1,000,000 I Ono. 0.00 Products Limit Bodily Injury To' Each occurence 1,n00,000 Contractui or Property Damage BRELLA LIABILITY M82035 MISS ON INSURANCE C I .4/1/74 - 4/1/75 1,000,000 Excess of i[NDFRLYTNG INSURANCE This policy includes at least the following coverages: a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: TRANS grpugim iNsuRANCF ACFN .Y Address of Agency Countersigned by: it Effective date of this endorsement: tUNNP 94 , 1914_, Endorsement No. b y L923 ED. 2/73 (SET) v L9236 E0. 2173 ISGLE.I RELIANCE INSURANCE COMPANY CERTIFICATE OF Philadelphia, PA INSURANCE UNITED PACIFIC 6 INSURANCE COMPANY Nome Office— Tacoma, Wash, Administrative Offi.,Philadelphia, PA A­ Coverage is provided in the Companyy, des - ignated by Number. Each is'a Stock Insur- 1 ance Company, herein called the Company. This Certificate is mailed to: F THIS CE RTI FIES that the Company indicated above has issued, CITY OF NEWPORT BEACH tothe insured named herein, policies of insurance which provide coverage as indicated below. Such policies are subject to the pro- visions, conditionsand limitations contained therein. This Certif- icate of Insurance does not in any way amend, extend, alter or vary the coverage afforded by the policy or policies referred to herein. It issimply asynopsis or summary of the actual insurance contract. The Insurance Company indicated above will make every effort to give written notice by regular mail to the above named holder of this Certificate of any material change in or cancellation of these policies, but assumes no liability for failure to do so or for any error. POLICY EXPIRATION BODILY INJURY LIABILITY LIMITS PROPERTY DAMAGE LIABILITY LIMITS HAZARDS NUMBER DATE EACH OCCURRENCE EACH OCCURRENCE AGGREGATE EPremises— Operations N E Esca4ators x x x ASub -let Operations L Products — including Aggregate Limit: L I Completed Operations A B Contractual —As L described below 1 T V FThis coverage is provided under: ❑ Comprehensive, F1 Schedule Policy HAZARDS POLICY EXPIRATION BODILY INJURY LIABILITY LIMITS PROPERTY DAMAGE LIABILITY LIMITS EACH PERSON EACH OCCURRENCE EACH OCCURRENCE AGGREGATE NUMBER DATE A U Owned Automobiles x x x T O Hired Automobiles x x x M O Non-Owned Automobiles x x x B I L This coverage is provided under: p E] Comprehensive, ❑ Schedule Policy Workmen's Compensation WC 9294051 Compensation— Statutory Limit E.L. Limit: $ Burglary Form: I Amount Name of insured and Address. MARKEL CEMENT CONTRACTING, INC. 151 Commercial Way Costa Mesa, Calif. Location of Risk and Description of Operations: RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL CONTRACT #1615 Description of Specific Contract(s) for which Certificate is issued (Indicate Types of Agreements, Party or Parties, and Dates): By Authorized EFFECTIVE Representative: L923 ED. 2/73 (SET) v L9236 E0. 2173 ISGLE.I Approved by the City Council this 28th day of May 1974. Laura Lagios, City C k CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL CONTRACT NO. 1615 SUBMITTED BY: Markel Cement Contracting, Inc. Contractor 151 Cotrinercial Way Address Costa Mesa, CA 92627 City Zip 646 -0568 Telephone $R1xR2Rxft0 $11,505.00 Total Bid Price lotal t 0 0 Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:00 A.M. on the 11 day of June 1914 > at which time they will be opened and read, for performing work as follows: RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL CONTRACT NO. 1615 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required an t3 he Corporate Seal shall be affixed to all documents requiring signatures. In the case of a Partnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) 0 Page la The City has adopted the Standard Specifications for Public Works Construction (1973 Edition) as prepared by the Southern Ca i ornia apters o t e American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -10 -73 ! _ 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 words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or 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. 287 486 Classification C -8 Accompanying this proposal is , Gashler's Check or in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 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. 646.0568 Phone Number 6 -10 -74 Date Markel Cement Contracting, Inc. .Bidder's Name (SEAL) S/ Charlie Markel Authorized Signature Authorized Signature Corporation Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: Charlie Markel, Pres. and Treas. u, ' u• 1 n ! ., 9 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. Re -bar Rodbusters Santa Ana 2.. 3. L! 5. 6. 7. a. 9. 10. 11. 12. Markel Cement Contracting, Inc. Bidder's Name S/ Charlie Markel Authorized Signature Corporation Type of rganization (Individual, Co- partnership or Corp) 151 Commercial Way Costa Mesa: lif. ress FOR SINAL SEE CITY CLERK'S FILE C O Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, Markel Cement Contracting, Inc. as Principal, and Surety Company of the Pacific as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the amount 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 Riverside Avenue Pedestrian and Bicycle Trail - Contract No. 1615 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 4 day of June 19 74 . Corporate Seal (If Corporation) Markel Cement Contractingt Inc. Principal S/ Charlie Markel (Attach acknowledgement of Attorney -in -Fact) June 4, 1974 pUo S. Phe1 s ,Iota Public Surety Company of the Pacific or on ExP,res May 5, 1978 Surety By P. A. Prager Title Attorney -in- Fact.. h NON - COLLUSION AFFIDAVIT Page 5 The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or,either of them has not directly or indirectly, entered into any arrange- ment or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material - man which is not processed through said bid depository, or which prevent any 'subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no induce- ment or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomesoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. S/ Charlie Markel Subscribed and sworn to before me by this 10th day of June 19 74 My commission expires: 9/24/77 Patricia A. Tinham 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. $250,000 Assets 125,000 Liabilities 125,000 Net Worth S/ Charlie Markel — Signed 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. Similar Work in Orange County over the past five years. S/ Charlie Markel Signed PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Bond No. 399 39 85 remium; $ 86.00 /Term Page. 10 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 24, 1974 has awarded to Markel Cement Contracting, Inc. hereinafter designated as the "Principal ", a contract for Riverside Avenue Pedestrian and Bicycle Trail (Contract No. 1615) 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, Markel Cement Contracting„ Inc. as Principal, hereinafter designated as the "Contractor ", and HARTFORD ACCIDENT AND INDEMNITY COMFANY As Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Rleven Thousand, Five Hundred Five & no /1O0Dollars ($ 11,505.00- - - - -), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City.of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Bond No. 399 39 85 Page 11 (Perf nc nd ,,Sontinued) At d Surety, for value received, hereby stipulates and agrees that no change, ;extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1st day of Ju ly , 19 74 Approved as to form: City Attorney Markel Cement Contracting, Inc ,(Sea }1i (Seaj ) - - E. on rac HARTFORD ACCIDENT AND INDEMNITY MANY Charles i son, orney -in -Fact (Seal) Surety STATE OF CALIFORNIA l COUNTY OF ..... ... ..._Orange . ...... j SS. 1st July Seventy -four On this__.__...........day of......_ .. __...__..._.._m the year one thousand nine hundred and...____... _.____......._.__..., before me, Roberta C . $OltZ .._ - a Notary Public in and for said County, residing therein, duly C OFFICIAL nu ,rxnx,wmiwum�uw,uumuwunuw mum Sxmmm�mn�mm�mimn OFFICIAL SEAL - ROBERTA C. SOLTZ A NOTARY PUBLIC - CALIFORNIA - PRINCIPAL OFFICE IN ORANGE COI "NTY 3 My Commission Expires Nov. 27, 1976 - nnnnnninm�xmx mn mn uuuninmrnrrunnm ounununnminnnmmunnuxmmmm ti My Commission will Expire ...................... . Form 9. 3663 -0 Printed in U. S. A. 3 -'67 commissioned and sworn, personally appeared ...... Charles F. Wi.................... ....____.......l_... son _......... known to me to be the Attorney-in. Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and also known to me to be the person...._ who executed it on behalf of the Corporation therein named, and ...... he------ acknowledged to me that such Corporation executed the same. 9 ll%tnade. WA" 41 I have hereunto set my hand and affixed my Official Seal, at my office, in the said County, the day and year in this certificate first above written. .. .......... _ .. -- --- .. ...... ..--- ....... .... Notary Public in and for said County. Stitt ma Bond No. 399 39 85 -up � �r em ium: Inc laded:._ in � -Page 8 Perfo: Bond LABOR AND MATERIAL: KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted June 24 1974 . has awarded to Markel Cement Contractino, Inc. hereinafter designated as the "Principal ", a contract for Riverside Avenue Pedestrian and Bicycle Trail (Contract No. 1615) 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 Markel Cement Contracting. IYic. as Principal, hereinafter designated as the Contractor and as Surety, are held firmly bound Unto the City of Newport Beach, in the sum of & 50/100 Five Thousand, Seven Hundred Fifty Two -- - Dollars ($ 5,752.50 ----------- 4 said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any .kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee., to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. Bond No. 399 39 85 Page 9 (Labor and Material Bond - Continued). This bond shall inure to the benefit of any and all persons, companies, altd 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 b_y the Principal and Surety . above named, on the 1st day of Ju y lg �04 7ti Approved as to form: City ttorney This bond was approved by the City Council of the City of Newport Beach by motion on Attest: ae City Clerk Markel Cement Contract in two �Seal-) _ _= ontratt HARTFORD Accip NT AND imENII�iimidoMPANY Ole 000, (Seal )- Charles F. Wilson, Attorney -in -Fact` (Seal) .4 STATE OF CALIFORNIA 4 ss. COUNTY OF... ... ...... orange....... ................. On this .... l3t ........ day of. ....... JU.ly .................in the year one thousand nine hundred and....eV.ent.y.- falr.._ before me, ...... Roberta --- C.. Solt2 .................. .......... ... I .... ........ -. ..... ......... , a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared ........ GhATleS__F.- W11s -on known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and OFFICIAL SEAL also known to me to be the person...... who executed it on behalf of the Corporation ROBERTA C. SOLTZ ! therein named, and ...... he...... acknowledged to me that such Corporation executed the •D NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN [ Same. ORANGE COI "ITY f jl- &ji&� W�,,,r,,,�,� I have hereunto set my hand and affixed my My Commission Expires Nov. 27, 1976 - 9 j"�"r+'b -r Official Seal, at my office, in the said County, the day and year in this certificate first above written. My Commission will Expire .............. .._...._............._ ... .. .. .. - --..............-- ---. .. .. ....... Form S- 3663 -0 Printed in U. S. A. 3 -'67 N.I. ry Pubta in and roe said Connty, St .Ionia t Page 12 CONTRACT: THIS AGREEMENT, made and entered into this day of 19 by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and Markel Cement';Contracting, 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 Riverside Avenue Pedestrian and Bicycle Trail (Contract.No. 1615) and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and`Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (Except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses.incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated tube borne by the City;'-and for well and faithfully completing.the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in.full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case 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. 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 ges for each craft or type of workman needed to execute the contract and a sch_ -containing such information is included in the Notice Inviting Bids and is inc ated 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 n BY. Q 1� � ATTEST- contractor (SEAL By, lit le - By- �A* Title Approved as to form: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RIVERSIDE;: , PEDESTRIAN AND WNE TRAIL CONTRACT NO. 1615 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. 1615 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 DERRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 1 Construct reinforced concrete retaining Lump Sum wall on Riverside Avenue, complete in place. Bi k%x%X6dVXKdXK9K6xX1Kd 11 @ llif"ifKlf?ItxllNM Dollars and KRR Cents Lump Sum 2. 1 Lump Sum 3. 8,100 Square Feet Construct reinforced concrete planter wall on Hospital Road, complete in place. @ b=tYoc£iwexkxRdMd Dollars and Ka Cents Lump Sum Construct 4" P.C.C. trail, complete in place. Deleted from contract $ 921 W2 $ 8SlRIX22.. Deleted from contract $ .it5R08icfiQ.. $. Rifi8uB8 . @ One Dollars and Cents $ 1.05. $ 8505.00 Per quare Foot PR2of2 ITEM QUANTITY ITEM DESCRIPTION NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE. 4. 2 Construct parkway drainage structures, Each complete in place. @ Fifteen Hundred Dollars and No Cents Per Each 5. 1 Guarding underground construction. Lump Sum @ ktxki<xhntixmd Dollars and Wa Cents Lump Sum TOTAL PRICE WRITTEN IN WORDS $ 1500.00 . $ 3000.00 Deleted from contract $ main ARM Eleven thousand hive hundred.five x#kxe[xYksrsxnixs�tenxhrad Dollars $.....12xZRYY9Q 11,505.00.. and o 1 c o ar r ce KM No Cents me Bi der s Name June 11, 1974 Date CONTRACTOR'S LICENSE NO. 287486 C -8 ut orize Signature TELEPHONE NUMBER 646 .0568 CONTRACTOR'S ADDRESS 151 Commercial Way, Costa Mesa, California • ._ • - CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL MVISIONS FOR RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL CONTRACT NO. 1615 SECTION PAGE I. Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Completion of Work . . . . . . . . . . . . . . . . . . . . . . . . 1 III. Payment and Changes in Work . . . . . . . . . . . . . . . . . . . 1 IV. Traffic Control and Access . . . . . . . . . . . . . . . . . . . 1 V. Construction Surveys . . . . . . . . . . . . . . . . . . . . . . . 1 VI. Permits . . . . . . . . . . . . . . . . . . . 2 VII. Protection of Existing Structures and Trees . . . . . . . . . . . 2 VIII. Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IX. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 X. Construction Details . . . . . . . . . . . . . . . . . . . . . . 2 A. Clear and Grub, Excavation, and Compacted Fill . . . . . . . . 2 B. Portland Cement Concrete Improvements . . . . . . . . . . . . 2 1. General 2 2. Curb Removal and Replacement . . . . . . . . . . . . . . 2 3. Trail, Sidewalk, and Ramp . . . . . . . . . . . . . . . . 3 4. Parkway Drainage Structures . . . . . . 3 5. Retaining Wall and Planter Wall . . . . . . . . . . . . . 3 C. Guarding Underground Construction . . . . . . . . . . . . . . 3 i. • J • SP of CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL CONTRACT NO. 1615 I. SCOPE OF WORK The work to be done under this contract consists of constructing a concrete trail on the westerly side of Riverside Avenue from Cliff Drive to northerly of Avon Street, constructing a reinforced concrete retaining wall on Riverside Avenue, constructing a reinforced concrete planter wall on the southerly side of Hospital Road, and other incidental items of work. The contract requires completion of all the work in accordance with these Special Provisions; the Plans (Drawing No. R- 5243 -S); the City's Standard Special Provisions and Standard Drawings; and the City's Standard Specifica- tions (Standard Specifications for Public Works Construction, 1973 Edition). Copies o t e Stan a—rd- Specifications are avaiiab eui[ding News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (213) 870 -9871. The City's Standard Drawings and Special Provisions may be purchased from the Public Works Department at a cost of $5.00. II. COMPLETION OF WORK The contractor shall complete all the work covered under this contract within 60 consecutive calendar days after notification of award of the contract by the City, and as specified in Sections 6 -8 and 6 -9 of the Standard Specifications. III. PAYMENT AND CHANGES IN WORK Payment for all incidental items of work not separately provided for in the Proposal shall be included in the unit price bid for the various items of work, and no additional compensation will be made. The City reserves the right to waive the requirements of Section 3 -2 of the Standard Specifications as applied to Bid Item No. 1, the construction of the reinforced concrete retaining wall on Riverside Avenue, and may delete this item of work entirely. IV. TRAFFIC CONTROL AND ACCESS The contractor shall provide traffic control and access in compliance with Section 7 -10 of the Standard Specifications. V. CONSTRUCTION SURVEYS Field surveys for the control of construction will be provided by the City. Any . _ SP of Construction Surveys - Continued additional or replacement of contractor damaged control points shall be the responsibility of the contractor, and no additional compensation will be made. VI. PERMITS The City will be responsible for obtaining any permits required by the California Coastal Zone Conservation Commission. For excavation permit, see Section X -C. VII. PROTECTION OF EXISTING STRUCTURES AND TREES The contractor shall protect in place all existing structures and trees and shall be responsible for, at his own expense, any damage to them resulting from construction of the improvements. VIII. GUARANTEE The contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all materials and workmanship against any defects whatsoever. Any such defects shall be repaired at the contractor's expense. IX. 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 purchases by contacting the City's Utilities Superintendent, Mr. Tom Phillips, at (714) 673 -2110, Extension 267. X. CONSTRUCTION DETAILS A. Clear and Grub, Excavation, Compacted Fill and Suborade Preparation These items of work shall be performed as shown on the plans and in accord- ance with the requirements of the applicable portions of Sections 300 and 301 of the Standard Specifications, except as herein modified. Pruning of the existing trees shall be done by the City. The contractor shall remove existing vegetation only to the extent required for construction of the improvements. Payment for all removals and earthwork of whatever nature required shall be included in the bid price for other items of work, and no additional compensation will be made. B. Portland Cement Concrete Improvements 1. General All Portland cement concrete construction shall conform to the requirements of Section 303 of the Standard Specifications, except as modified herein or on the plans. 2. Curb removal and replacement Existing sections of P.C.C. curb to be removed and replaced are shown on the plans. The curb shall be removed cleanly at the gutter flowline to the limits required for smooth, uninterrupted joins. SP3of3 Construction Details - Continued In the event of any damage to the existing gutter, or as an alternate to removing the curb only, the contractor shall remove and replace the required sections of curb and gutter, along with a two foot wide strip of A.C. pavement the length of the removal. The new curb face shall be 8" at the drain outlets, tapering on either side to join the adjacent cdrb faces. The new curb face at the curb return ramp at Cliff Drive shall be 0 ", flush with the gutter flowline, with "x" 's as shown to join the adjacent curb faces. All costs of removing and replacing curb, gutter, and A.C. street pavement shall be included in other items of work, and no additional compensation will be made. 3. Trail, Sidewalk, and Ramp All sections of P.C.C. trail, sidewalk, ramp, and joins shall be 4" thick, and shall be paid for at the unit price bid for construction of the P.C.C. trail. 4. Parkway Drainage Structures The unit price bid for constructing the parkway drainage structures shall include full compensation for the reinforced concrete aprons, channels, and replacement curb; the diamond tread steel plate covers; and any other appurtenances required to construct the complete opera- tional structures as shown on the plans. The cover plate located at approximately Sta. 17 +50 shall be constructed so that the surface is flush with the P.C.C. trail on either side. 5. Retaining Wall and Planter Wall Each wall panel face shall be sandblasted as shown on the plans precisely 24 hours after the concrete for that panel has been placed. Sand blast- ing shall be done to a depth of one - eighth (1 /8) inch, and the surfaces coated with an exposed concrete aggregate sealer. The finished texture shall be uniform in appearance, and should be similar to that on the existing retaining wall on the southerly side of Hospital Road at Newport Boulevard. Those exposed wall surfaces which are not to be sandblasted (including the grooves) shall be protected during sandblasting operations, and shall be finished to a Class 1 surface finish conforming to the requirements of Section 303 -1.9 of the Standard Specifications. C. Guarding Underground Construction Structure excavation and backfill shall conform to the requirements of Section 300 -3 of the Standard Specifications. In addition, the walls and faces of all excavations over 5 feet in depth shall be effectively guarded by a shoring system, sloping of the ground, or other equivalent means. Excavations of 5 feet or less in depth shall also be guarded when examination indicates hazardous ground movement may be expected. The contractor shall obtain a permit to perform excavation or trench work from the Division of Industrial Safety, State of California, prior to any construc- tion. The cost of providing all necessary information to obtain the permit and the cost of complying with the provisions of the permit shall be included in the lump sum price bid for guarding underground construction. Y m n -4 M n � cn o S r, . In a pig pG rip � C �nD c► 0 rL Ie c A@ _A m1�4 0 N c 3 a -c v.J r m ° �IINIININI�I�1�1� NII�II,N9�IN�kU �IIIIIIIIIAIIINI111A� Ills i IIpAIIIA��WnNNII�� �d�Y111�I��N1�lI oil ��n�l��ll�nl m n -4 M n � cn o S r, . In a pig pG rip � C �nD c► 0 rL Ie c A@ _A m1�4 0 N c 3 a -c v.J r m ° i Approved by the City Council this 28th day of May 1974. Laura Lagios, City C 7 k 0 NEWPORT BEACH ~`�IORKS 0tPARTMENT CONTRACT DOCUMENTS FOR RINWIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL CONTRACT NO. 1615 SUBMITTED BY: Markel Cement Contracting Inc. Contractor 151 Commercial W Address, Cos aI Mess` ✓✓ ✓ate. TCal, 92627 City Zip i:'I- f - Telephone Total Bid Price .ITHtt'a 3 14 on(LI : 0 (1, 50 S. rc A 16 PR 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL CONTRACT NO. 1615 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location. of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and.hereby proposes to furnish all materials and do all the work required to complete Contract No. 1615 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 DUCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. I 1 Construct reinforced concrete retaining Lump Sun wall on Riverside Avenue, complete in place. Eigtt thousand nine hundred @ seventy seven Dollars and Cents Lump Sum 2. 1 Lump Sum Construct reinforced concrete planter wall on Hospital Road, complete in place. @ Twenty five hundred Dollars and Cents Lump Sum 3. 8,100 Construct 4" P.C.C. trail, Square Feet complete in place. $ �89PJI w6gat-droulgelo 1.2 .0 @ one Dollars nd five Cents $ 1.05 $ 8505.00 Per Square Foot i 9 • PR2of2 TEM 0. QUANTITY AND UNIT ITEM-DE3CRt- PTi:OW. UNIT PRICE WRITTEN IN --UNIT WORDS -TOTAL PRICE PRICE 4. 2 Construct parkway drainage structures, Each complete in place. @ Fifteen Hundred Dollars and Cents $1500.00 .$ 3900.00 Per Each 5. 1 Guarding underground construction. Lump Sum @Eight hundred Dollars and Cents $0:-00 $ 800.00 - Lump Sum June 1191974 Date CONTRACTOR'S LICENSE N0287486 c"8 TELEPHONE NUMBER 64'60568 CONTRACTOR'S ADDRESS151 Commercial Way, Costa Mesa Calif • Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10.00 A.M. on the 11 day of June , 194 , at which time they will be opened and read, for performing work as follows: RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL CONTRACT NO. 1615 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 � he Cor orate Seal shall be affixed to all documents requiring signatures. In the case of a artnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) 0 0 Page la The City has adopted the Standard S ecifications for Public Works Construction (1973 Edition) as prepare y the Southern California Chapters of the erican Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -10 -73 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or uuiissiu.s on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No.287 486 Classification C -8 Accompanying this proposal is Bidder's Bond Cash, Certified Check, Cashier's Check or Bond in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3100 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. 646 0568 Phone Number 6 -10 -74 Date Bi der s 9=n - (S AL '. Authorizeda6ignatureo, ufff>'ized Suture 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: Charlie Markel Mollie Markel Pres. and Tres Vice. Pres. and sec. • ! Page 3 DESIGNATION OF SSS- 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. Re —bar Rodbusters Santa Ana 2. 3. 4. 5. 6. 7. B. 9. 10. 11. 12. Markel Cement Contracting. Inc. Bidder's Name /� Auth ze Signature Corporation Type of rganization (Individual, Co- partnership or Corp) 151 Commercial Way Costa Mesa , Calif. Tess i SCP SORETY COMPANY of the PACIFIC HOME OFFICE: LOS ANGELES, CALIFORNIA BID BOND Bond No. 2553 KNOW ALL MEN BY THESE PRESENTS: that MARKEL CEMENT CONTRACTING. INC. (hereinafter called the Principal) as Principal, and the SURETY COMPANY OF THE PACIFIC, a corporation created and existing under the laws of the State of California, with its principal office in the City of Los Angeles, California (hereinafter called the Surety) as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH ( herainafter called the Obligee), in the full and just sum of ---- ----- - -- -TEN PERCENT OF THE AMOUNT BID ------------------- ------------------------------------------------------------------------------ Dogros (E ---!, good and lawful money of the United States of America, to the payment of which sum of money well and truly to be mode, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, scaled and dated this FOURTH day of— JUNE , A.D., 19.24 — THE CONDITION OF THIS OBLIGATION 15 SUCH, That, if the Obligee shall make any award to the Principal for RIVERSIDE AVENUE PFDFSTRTAN AND 13MYf.1 F TRATI CONTRACT# 1615 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof with the SURETY COMPANY of the PACIFIC, as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, In case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise It shall be and remain in full force and effect. In Testimony Whereof, the Principal and Surety have caused these presents to be duly signed and sealed. WITNESS: MARKEL CEMENT CONTRACTING, INC. (Sao[) —ZS.411 I/ .W/ (Swl) (seal) (If Individual or Firm) ATTEST: (Baal) Principal (H Corporation) SURETY0Fj.NY of PACIFIC By _ AllorneY•itt -Foci P.A. PRAGER STATE OF CALIPORNIA COUNTY OF_ ORANGE ss. On this FOURTH day of JUNE '1974 , before m. MARrn S PHFI PS , a Notary Public, in and for the County and Slate aforesaid, residing therein duly commissioned and sworn, personally appeared P.A. PD.,,,, C FF(7!AL SEAL known to me to be the Affornepimfact of SURETY COMPANY of the PACIFIC,the Corporation 8 IY !1ARG-O S. PHELPS that executed the within instrument and also known to me to be the person who executed the within +. y Note ry P!. i!i c- California instrument on behalf the Carpomtron r ere named and acknowledged to me that such Corpora - T ORANGE COUNTY lion executed thus C. �G . /........... 1976 �C. My Commission Exa:rs May g.. i' ............. Notary Public in and for th rate of California, Coun of nRANrF SCP -U -101 (2/69) 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 - mars 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 b re me by this— 6 day of , 19 My commission expires: � OFFICIAL SEAL PATRICIA A. TINHAM Z • -0 NOTARY PUBLIC• CALIFORNIA PRINCIPAL OFFICE IN • • ORANGE COUNTY • My Commission EXPires September 24, 1877 STATEMENT OF FINANCIAL RESPONSIBILITY 0 Page The undersigned submits herewith a statement of his financial responsibility. 250,000 assets 125,000 liab 125,000 net worth 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. Similar Work In Orange County over the Past five Years. RESOLUTION No. 829 JUN 2 4 1974 By the CITY COUNCIL CITY AFB .W QkACFI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR RIVERSIDE AVENUE PEDESTRIAN AND BICYCLE TRAIL, CONTRACT NO. 1615 WHEREAS, pursuant to the notice inviting bids for work in connection with the Riverside Avenue pedestrian and bicycle trail, in accordance with the plans and specifications heretofore adopted, bids were received on the 11th day of June, 1974, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is Markel Cement Contracting, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Markel Cement Contracting, Inc. for the work in the amount of $11,505.00 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 24th day of June , 1974. Mayor ATTEST: City Clerk DDO/bc 6/19/74