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HomeMy WebLinkAboutC-1624 - Alley improvements 1974-75, Balboa Island & Balboa Peninsula1 1. z: d 7j u 11 1975 By t:je CITY COUNIiA - :i ?Y 6?F a�*WPQ2,T DcACH TO: CITY COUNCIL FROM: Public Works Department August 11, 1975 CITY COUNCIL AGENDA ITEM N0. H -10 SUBJECT: ACCEPTANCE OF ALLEY IMPROVEMENTS - BALBOA ISLAND AND PENINSULA 1974 -75 (C -1624) 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 improvement of three alleys on Balboa Island and one assessment district alley on the Peninsula has been completed to the satisfaction of the Public Works Department. The bid price was $28,734.00 Amount of unit price items constructed 28,411.60 Amount of change orders 381.00 Total contract cost 28,792.60 Funds were budgeted in the General Fund, Annual Street and Alley Account One change order was issued to provide for the construction of a corner cut -off at the Ebell Club parking lot to facilitate making the right angle turn in the alley. The cost of constructing the alley in Block 10, East Newport, will be reimbursed to the City by the property owners. The design engineering was performed by the Public Works Department. The contractor is R. W. McClellan and Sons of Santa Ana, California. The contract date of completion was June 14, 1975. The work was completed on June 3, 1975. Att. in iirector a All 1 � CHA JX \x NH i/ GOAST E v c�oa I'� i.YeMew 101Y ��IV ✓� II ,o 1 I3� �L, J 10 IS 4 Cod` s N£L rg e ^� J °n r' 1 rp n r_ �>`_ — it e Op q.'A QQ_ —v— tc• 0 j ED T .... C-3 lYPQ°' A 1 ^ :ir.= � C ✓ o L � 3 rc L .Pn/ECT LOCAT /O/V CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ALLEY /.N.o.PbliE.l1ENTS 4"Z4 A4 #*4yz,4AV 141VIO .oEN /Nvz1z o4 1/974- /R.IVW C -/9724 DRAWN,6Y..A DATE APPROVED 44 AM6L O C g��BOd PIS PUBLIC WORKS DIRECTOR R.E. NO. — DRAWING NO. Xjr1114&17' �t J` J By 7 `? .A �1 � O i D R iKOMOUroTr vR' 3aDSl0 - ��a. LjjvDA !S! lit A A ✓ �'� �i�RBO / D COL _Q a ... 1J _ .'Z19AY +.p `�— % = ........ .._. l U-0 JNGUN< �J[7L �� 1 ,C a '�:1 awl ED �Jz:= r �3 y�c�_ cU C� OL yf h BOGBOa PIS ca L � U �O�/ECT LOCAT /D/V � CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ,4LLEY /.t1.o.PY�liE.t1ENTS a 4LdGb4 ArZAN0 141VIO .oEN1NS!/L.4 /974 -/D7.? C -/d24 DRAWN_GL.K' DATE APPROVED PUBLIC WORKS DIRECTOR R.E. N0. — DRAWING N0. EX111,&1T RESOLUTION NO. 8480 x A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT IN CONNECTION WITH ALLEY IMPROVEMENTS, BALBOA ISLAND AND By t ClTd COUIN -IL PENINSULA, CONTRACT NO. 1624 CHY pr' NEW?O�T B A"'7 /-1 -2 e, WHEREAS, pursuant to the notice inviting bids for improvements in connection with alley improvements, Balboa Island and Peninsula, in accordance with the plans and specifi- cations heretofore adopted, bids were received on the 15th day of April, 1975, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is R. W. McClellan and Sons, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of R. W. McClellan and Sons, Inc. for the work in the amount of $28,734.10 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 28th day of April , 1975. Mayor ATTEST: City Clerk 0 q_`- 01 ,.4. Release of Stop Notl TO: _City of Newport Beach, Dept. of Public Works Construction Lender (or parry with whom Stop Notice was filed) 3300 Newport Blvd., Neyiport Beach, Calif. Address RECEIVED PBBLIC WQhKS JAN 281976�; CITY OF NEWPORT BEACH, CALIF. You are hereby notified that the undersigned claimant releases that certain Stop Notice dated August 6. 1975 in the amount of S against €ity of- Newport Beach as owner or public body and R. W. McClellan as prime contractor in connection with the work of improvement known as • Contract #16 -24 Improvements on Balboa Island - Specifically 6th and Island and Topaz and Balboa. in the City of - Newport Beach , County of Orange State of California. Date January 22. 1976 �� Name of(7aimant Standard 6n eta aterial Inc. B. d L. HoroLQz, Vice President (official Capacity) Verification for partnership or Sole Ownership STATE OF CALIFORNIA t COUNTY OF } SS. (Claimant or Representative) being first duly sworn deposes and says that—he is (Owner, Partner or Agent) Of (Firm Name) named as claimant in the foregoing daim; that _hehas read mid dafm and knows the contents thereof, and that the fads therein stated are true. x (*w we of Affient) Subsanbed and sworn to before me this day of (Sk nottirr of Notary Pubtle) Notary Stamp SMDCA FORM a 11975) ,19_ Verification for Corporation STATE OF CALIFORNIA COUNTY OF Ss. Orange )) David L. Horowitz ( Cfaimant or Representative) being first duty sworn deposes and says that _he is Vice President (of)icivl Qepadry) of Standard Concrete Material, Inc. (Exact Corporate Name) the corporation t Fez tba foregoing claim; that makes this verses on half of mid 00 don; tint —he has r id ows ntents thereof, and that the fad /Sjgro Af/iant/ Subscribed and sworn to before me this 22n d day of --'38nuary ,f976 (Drill aker Notary Stamp oI iAF Tf PUGUC r' 7RNIA el l r 1415 rost h' •n, ,'Wo An., CA 42705 I —, sc 0 Stop Notice 4 NOTICE TO (Public Body or Lender) Prime �^n�?E,,CE/Y C l ba� Subcontractor (if any) oateAUb Owner or Public Body: City of Newport Beach pnvlre SIN] Improvement known as Contract #16 -24 Improvements on Balboa Island B_tAayor TO: f in the City of Newport Beach , County of nrancle Allorney State of California. P w Cirector STANDARD CONCRETE MATERIAL, INC `claimant, "a CORPORATION f 1 ccm Day Director (Corporation /Partnership /Sole Proprie r er furnished certain labor and /or materials used in that certain work of improvement situated in the City of M& t71�0 Newport Beach , County of orange ® Councilmen,_ State of California, known as: (name and address of project or improvement) 2�hil P."Yv A improvement) '? -y;, Contract #16 -24 Improvements on Balboa Island s Specifically – Sixth & Island and Topaz & Balboa - — That the said claimant sold and delivered to R. W. McClellan (Subcon tractor /Con tractor /Owner - Builder) erecting or constructing said work of improvement or a portion thereof; the aforesaid labor and /or materials being, to wit: (describe material and labor in detail) C)r_rn yris Ready Myad rnnrroto Total value of material /labor agreed to be furnished .......... $ 2.457.03 Total value of material /labor actually furnished is ..............................$ 2.457.03 Credit for materials returned, if any ........ ............................... $ 0000 Amount paid on account, if any .......... ............................... $ 0000 Amount due after all just credits and offsets .. ............................... $ 2.457.03 AND YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 2.457.03 , as provided in Sections 3156 thru 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of . litigation, as provided by law. Abond is not attached (is /is not) Auoust 6. 1975 Verification for Partnership or Sole Ownership STATE OF CALIFORNIA COUNTY OF (Claimant or Representative) being first duly sworn deposes and says that—he is (Owner, Partner or Agent) of (Firm Name) (No bond required on public jobs) SS. named as claimant in the foregoing claim; that—he has read said claim and knows the contents thereof, and that the facts therein stated are true. X (Signature of Affront) Subscribed and sworn to before me this day of —.19 Notary Stamp Stamp V erif ication for Corporation STATE OF CALIFORNIA COUNTY OF Orange SS. David L. HOPOwitZ (Claimant or Representative) being first duly sworn deposes and says that—he is (Official Capacity) of Standard Concrete Material, Tnc. (Exact Corporate Name/ Iq the corporation 1th, d the foregoing claim; tha_he makes thon behalf of said corpora- tion; t e hed claim gyd knows the contents rep a"9L tlreWtn stated ar e true. Inc. Subscribed /and sworn to before,lue–etlis nlXLn dayof u st 97 / la E. Baker OFFICIAL SEAL Notary .,.!�.,'' +F ORILLA E. BAKER Stamp s' =:', :';�!�'1" NOTARY PUBLIC - CALIFORNIA GRANGE COUNTY expires OCT 25, 1978 I'll comm, My Cnmmiscio,, anirex.. nr Santa And, CA 92705 Original of above notice received this day of. BMOCA FORM 4 (REV. 171) 0 September 2, 1973 R. W. McClellan a Soso, Tas, 2031 S. Assn Street Santa Amo, CA 92704 Subject. Society s the Auttiese Insureauee Company Boom me. s 7111021 Prefect Aber U*mwmesta, Dalb" Island asd Dalb" Peninsula Contract Nos 1624, On August 11, 1975, the City Council accepted the wart an subjeet project and outborimed the City Clerk to file a Notice of Cample- ties and to release hands 35 days alter Notice of Completion had been filed. Notice of Completion was filed with the Orange County Recorder on August 14, 1975 in Book 11453, Page 1343. Novooev, Standard Concrete Ilaterial Ine. filed a $top Notice with the City on August 7, 1975. Thereto", final payment of the retention and release tdc bonds will mot be wads until such Use as the Stop Notice has bees► released or the City is othorwise legally entitled to disburse the remaining toed* it is holding on the refereasad job. 7daura Regime, CMC City Clark u. awk cc: The Aweriaam Iesurasso Company Standard Concrete tiatariel, mac. Public Works Department City Attorney Tinsaae 'Deportment (Don Moses) CITY OF NEWPORT BEACH -7 CALIFORNIA PP-1 August 25, 1975 �2T R. V. Nrclel�an 4 son*, tic. 2031 S.Annei L Santa Ana, CA '\ 92704 Subject: Surety : The American Insurance Company, 'Bonds No, % 7111021' Project t Alley Improvements, Balboa Island and Balboa PeninuAla ,.Contract No 1624 The City- 6uncil on Au"t 11, 1975 accepted the work of subject •projeet and authorized the City Clark to file 4 Notice of Co'spletiou spid to releaso bonds 35 days alter Notice of Completion hilt bien filed. Notice of Completion was fil with the Orange County Recorder on August 14, 1975, in Book 11,483, Page .1543. Plisaile notify (1: -'� °t} your surety company that bonds may be released 35 days after recording date. j. ,*Laura Lagios, CMC City Clerk LL: awk ane. cc: Pubilic Works Department %\ RECORDING PLEASE RSTUR.N TO: REQUESTED By 14200 TY CLERK EXEMPT o 2D ,2460 C 3 NOTICE OF COMPLETION PUBLIC WORKS V ! - t 483P6 1 543✓ RECORDED IN OFRCf , .. OF ORANGE COUNTY CA'-.- !: +... 9:05 A.M. AUG 14 1975 J. WYLK CNRLYLE, County Recorder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on June 3- 1975 the Public Works project consisting of Alley Improvements on Balboa Island and Balboa Peninsula 1974 -75 on which R. W McClellan & Sons. Inc was the contractor, and The American Insurance Company was the surety, was completed. V ERIFICA I, the undersigned, say: CITY OF NEWPORT BEACH ctor 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 12, 1975 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 A „g„gr 11 1475 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 12. 1975 at Newport Beach, California. T N T • ! CITY OF NEWPORT BEACH CALIFORNIA city Hal, 3300 W. Newport Blvd Area Code 714 673 -2110 Date: s3.6p.at 12 , 1975 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of Alley Improvements on Balboa Ial nd and Balb a P lnaula, 1974 -75 Contract No. IA2A on which R. W. McClellan 6 Sons, 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: Encl. PURCHASE ORDER Alley %Provement iboa Island & Peninittlia Contract s---per, U') 'N TL Contract C-1624 ReS01 ution 8480 IMPORTANT 023374014 The Ahci.s covered by this Purchase 28,734.10 Order or Contra" must,,o, CITY OF NEWPORT-REAt4 form with the Safety Orders of the State of California. Division. of Industrial Safety. on Show as a separate item any retail ssles tax. use tax or Federal tax applicable to this Purchase. This order subject to California sales tax. D. W. MEANS All allowable transportation charges must be prepaid as d and shown I aseParate item on the invoice. Do not include Federal t,anopona- tion tax, PURCHASING AGENT DOW diaw- Date May► 9, 1975 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 3.624 Project Alts . Lwwwj=wft . Balboa I*IwA and Pednsu]A Affit'td is ached sig�nedV copy of subject contract for transmittal to the contractor. Contractor: R. W.•ticCUIlan and Bons, I=. Address: 2031 S. Are St "t — Sw*a Ana, CA 92704 Amount: $ $280734.10 Effective Date: 7, Resolution No. Laura Lagios LL: dg Att. cc: Finance Department 's , 0 CONTRACT NO. 1624 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR ALLEY IMPROVEMENTS - BALBOA ISLAND AND PENINSULA 1974 -75 Approved by the City Council this 24th day of March 1975. Latra Lagios, City Cle k SUBMITTED BY: CITY CLERK's;r v R. W. McClellan and Sons. Inc. Contractor 2031 So. Anne St. Address Santa Ana,_ California 92704 City Zip Code (714) 556 -3800 Phone $28 734.10 T6 Bid Price 0 • PR 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ALLEY IMPROVEMENTS - BALBOA ISLAND AND PENINSULA 1974 -75 CONTRACT NO. 1624 90191 ."M To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 1624 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: TEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 1. 14,500 Construct 6" thick P.C.C. alley pave - Sq.Feet ment. @ One Dollars and Fifty -one Cents $ 1.51 $ 21,895.00 Per Sq. Foot 2. 7 Construct 6" thick P.C.C. alley Each approach over native soil @ Three Hundred Fifty Dollars and Cents $ 350.00 $ 2,450.00 Per Eac 3. 750 Construct 8" thick P.C.C. street Sq.Feet paving @ Two Dollars and No $ 2.00 $ 1,500.00 Per Sq. Foot 0 9 PR2of3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 650 Construct 4" thick P.C.C. garage Sq. Feet approach in alley areas. @ One Dollars and Twenty Cents $ 1.20 $ 780.00 Per Sq. Foot 5. 350 Construct 4" thick P.C.C. side - Sq. Feet walk. @ One Dollars and No Cents $ 1.00 $ 350.00 Per Sq. Foot 6. 90 Construct variable height Type Linear Feet "B" curb. @ Seven Dollars and No Cents $ 7.00 $ 630.00 Per Linear Foot 7. 29 Construct 6" Type "A" P.C.C. Linear Feet curb and gutter. @ Seven Dollars and NinetK Cents $ 7.90 $ 229.10 Per Linear Foot 8. 600 Construct 4" thick A.C. garage Sq. Feet approaches in alley areas. @ One Dollars and No Cents $ 1.00 $ 600.00 Per Square Foot 9. 1 Construct 6" thick P.C.C. Type Each II residential drive approach. @ Three Hundred Dollars and Nn Cents $ 300.00 $ 300.00 Per Each TOTAL PRICE WRITTEN IN WORDS: Twenty-Eight Thousand Seven Hundred Thirty -Four Dollars and Ten Cents $ 28,734.10 0 • PR3of3 CONTRACTOR'S LICENSE NO. 247553 R. W. McClellan and Sons Inc. Bidder's Name TELEPHONE NUMBER (714) 556 -3800 4/15/75 S /William Miller, Vice Pres. Date Authorized Signature CONTRACTOR'S ADDRESS 2031 So. Anne St., Santa Ana, California 92704 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 15th day of April , 1975 , at which time they will be opened and read, for performing work as follows: ALLEY IMPROVEMENTS - BALBOA ISLAND AND PENINSULA 1974 -5 CONTRACT NO. 1624 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 and t�rporate 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 0 Page la The City has adopted the Standard S ecifications for Public Works Construction (1973 Edition) as prepare y t e out ern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -10 -73 Page 2 All bids are to be computed on the basis of,the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or 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 C12- SA -SC21 SB1 -SC32 Accompanying this proposal is bid bond (Cash, Certified Check,, Cas ier s Check or Bon 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. Phone Nu er 4/15/75 Da to c lellan and Sons Inc. Bid er s Name (SEAL) S /William Miller, Vice Pres. uthiorized Signature Authorized Signature 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: Rollo W. McClellan, Jr. Pres. i 0 0 Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. None 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. WWII .o .i, 1070M Vwjl3iam III Etherrized Signature California Corporation Type of Organization (Individual, Co- partnership or Corp.) 2031 So. Anne St. Santa Ana California 92704 A dress FOR ORIGINAL 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 1 of Contract B Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of Alley Improvements - Balboa Island and Peninsula (C -1624) 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 4th day of -APri 1 , 19 7-r,_. Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) Kenneth E. Parker, Notary Public : u []1Fr4V. "III&TOREV01151 S /William Miller Title Attorney -in -Fact 0 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 agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 15th day of April , 19 75 . My commission expires: December 11, 1978 R. W. McClellan and Sons, Inc. S /William DeSutter S /Linda G. Klimkiewicz Notary Public FOR ORIGINAL SEE CITY CLERK'S FILE COPY 0 0 Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. On file with City Clerk. V/William Millar„ yirapre Si gned ! • 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 City Clerk — S /William Miller, Vice Pres. gne Bond # 7111021 Page 8 LABOR AND MATERIAL BOND Premium: Included KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted April 28, 1975, has awarded to R. W. McClellan and Sons, Inc. hereinafter designated as the "Principal ", a contract for Alley Improvements - -Balboa Island and Peninsula (C -1624) 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 and Sons, Inc. as Principal, hereinafter designated as the Contractor and The Amerman Insurance Company as Surety, are held firmly bound unto the City o Dew 00 Beach, in the sum of Fourteen Thousand Three Hundred Sixty SevenDollars ($ 14,367.05 ) said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or his 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. 0 0 Page 9 (Labor and Material Bond - Continued) This bond shall inure to the benefit of any and all persons, companies, and corporation entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And the said Surety, for value extension of time, alterations to be performed thereunder or affect its obligations on this extension of time, alterations work or to the specifications. received, hereby stipulates and agrees that no change, or additions to the terms of the contract or to the work the specifications accompanying the same shall in any wise bond, and it does hereby waive notice of any such change, or additions to the terms of the contractor or to the In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 30th day of April , 19 75. R. W. McClellan and Sons I(Seal) ontrattor Seal) e G e L. Doubledee orney —in —Fact (Seal) The American Insurance Compel) Appro ed as t .fo y me This bond was approved by the City Council of the City of Newport Beach by motion on Da to Attest: City Clerk State of California County of ss: Orange On April 30 1975 therein, duly commissioned and sworn, personally appeared before me, a Notary Public in and for said County and State, residing George L. Doubledee known to me to be Attorney -in -Fact of The American Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, t da nd ye r st i is c ificate above. fj[ � iAL SEAL t PARKER c My Commission Explke i,lFlCt IN Public wuwy 360212 -6-66 My Commission Expires IJI::y 9, 19 78 Bond #7111021 10 Omium; $216.00 Page 10 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 28, 1975 has awarded to R. W. McClellan and Sons, Inc. hereinafter designated as the "Principal ", a contract for Alley Improvements - Balboa Island and Peninsula (C -1624) in the City of Newport Beach, in strict conformity with the drawings and specifications and other contract documents now on file in the office of the City Clerk of the City of Newport Beach. WHEREAS, said Principal has executed or is about to execute said contract and the terms whereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, R. W. McClellan and Sons, Inc. as Principal, hereinafter designated as the "Contractor ", and The American Insurance Company As Surety, are held and firmly bound unto the City p68ort Beach, in the sum of Twenty - Eight Thousand Seven Hundred Thirty Four i'Dollars ($ 28,734.10 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. t ! • Page 11 (Performance Bond - Continued) And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. . In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 30th day of April 19]x. Approved as to R. W. McClellan & Sons , Inc. (Seal) ontractor ` (Seal) e ge L. Doubledee 1�ttorney -in -Fact (Seal) The American Insurance Company (Seal) Surety State of Califor is Orange County of ss. On April 30, 1975 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared George L. Doubledee known tome to be Attorney -in -Fact of The American Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, f have hereunto set my hand and affixed my official seal,.ohe day, and year sJeCeH X this�ertificafe above. My Commission Expirest Al i U Notary Public brrl(�L IN 3 60212 -6 -66 ..�� (, .:.�rlac I,UUN I Y �� nev Commission Expires May 9, 1978 • i CONTRACT Page 12 THIS AGREEMENT, made and entered into this a day of zVloL X , 19 7 S, by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and R. W. McClellan and 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 Alley Improvements - Balboa Island and Peninsula Contract No. 1624 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (Except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and 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 Specifications, are hereby incorporated in and made part of this Agreement. the and 0 0 Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. ATTFST- CITY OF NEWPORT BEACH, CALIFORNIA By e mayor—, )W( Contractor sec Title 0 0 INDEX TO SPECIAL PROVISIONS FOR IMPROVEMENTS - BALBOA ISLAND AND PENINSULA 1974 -75 CONTRACT NO. 1624 i. Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 III. COMPLETION AND SCHEDULE OF WORK . . . . . . . . . . . . . . . . . . . . 1 IV. TRAFFIC CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 V. NOTIFICATION TO RESIDENTS . . . . . . . . . . . . . . . . . . . . . . . 2 VI. EXISTING UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . . . . . 3 VIII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 IX. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Pavement Removal, Excavation, and Subgrade Preparation . . . . . 3 2. Portland Cement Concrete . . . . . . . . . . . . . . . . . . . . 3 3. Alley Approaches . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Adjustment of Various Walks, Landings, Fence Supports, etc.. . . 4 5. Asphalt Concrete . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Adjustment of Utility Boxes, Manholes, etc. to Grade . . . . . . 5 7. Protection of Existing Property Line Monuments . . . . . . . . . 5 8. Flow Diversion Around Manholes . . . . . . . . . . . . . . . . . 5 i. II III CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR ALLEY IMPROVEMENTS - BALBOA ISLAND AND PENINSULA 1974 -75 CONTRACT NO. 1624 SCOPE OF WORK SP of The work to be done under this contract consists of constructing portland cement concrete alley pavement and approaches, constructing Portland cement concrete or asphalt concrete garage approaches and sidewalk sections, adjusting utility boxes and structures to grade, and other incidental items of work. Also included is street reconstruction at the ends of various alleys. The work is located in var- ious alleys on Balboa Island and Peninsula. The contract requires completion of all work in accordance with these Special Provisions: the City's Standard Special Provisions, the plans (Drawing No.A- 5073 -S), and the City's Standard Drawings and Specifications. The City's Standard Specifi- cations are Standard Specifications for Public Works Construction, 1973 Edition. 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 and Standard Drawings may be purchased from the Public Works Department at a cost of $5. GUARANTEE The contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all materials and all workmanship against any defects whatsoever. Any such defects shall be repaired at the contractor's expense. COMPLETION AND SCHEDULE OF WORK The contractor shall prepare a written schedule of work incorporating the follow- ing requirements: All work shall be completed in the Balboa Island and Peninsula alleys by June 14, 1975. Sixteen (16) consecutive calendar days will be allowed for removals and to construct the portland cement concrete pavement in each alley and the alley approach at each end of the alley. The alley approach shall be considered to include the adjacent portion of the street pavement to be reconstructed. Also included in this time will be the completion of P.C.C. garage approaches and sidewalk, the A.C. garage approaches and feather joins. In summary, the above requirements mean that the contractor will be allowed a maximum of sixteen (16) consecutive calendar days to complete all the construc- tion work in each alley. The periods specified for construction work include curing time for new portland cement concrete improvements. • . SP2of5 This means that each alley and every garage approach with access from that alley must be returned to normal vehicular use within 16 consecutive calendar days from the day it is first closed to such use. The contractor must employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that the contractor will not be able to meet this schedule, he will be prohibited from starting work in additional alleys until he has exerted extra effort to meet his original schedule and he has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because addi- tional men and equipment were required on the job. The contractor will be assessed $100 per day (including Saturdays, Sundays, and holidays) liquidated damages for each day in excess of the 16 consecutive calendar days allowed for 100% completion of the construction work in each alley and the alley's return to normal vehicular use. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications, shall be assessed for failure to complete the project by June 14, 1975. The intent of this section of the Special Provisions is to emphasize to the con- tractor the importance of prosecuting the alley construction in an orderly, pre - planned, continuous fashion so as to minimize the time an alley is closed to vehicular traffic. IV. TRAFFIC CONTROL The contractor shall provide traffic control in compliance with Section 7 -10 of the Standard Specifications. As necessary, streets may be restricted to one traffic lane, controlled by flagmen, during construction hours; but it must be restored to two -way traffic at the end of each working day and on weekends and holidays. V. NOTIFICATION TO RESIDENTS The City will mail a preliminary notice to all residences affected by this work. Between 40 and 55 hours prior to closing a particular alley to vehicular traffic, the contractor shall distribute to each affected residence and business a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notice will be prepared by the City, and the contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes, or other alterations of the schedule will require renotification using an explana- tory letter. This letter will also be prepared by the City and distributed by the contractor. 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 respon- sible for requesting each utility company to locate its facilities. Construction of the alley structural sections will cause work to be performed very near existing sewer, water, and storm drain lines and their connections. The con- tractor shall protect in place and be responsible for, at his own expense, any dam- age to any utilities encountered during construction of the items shown on the Plans. VII VIII IX • CONSTRUCTION SURVEY STAKING SP 3of5 Field surveys for control of construction shall be the responsibility of the con- tractor. All such surveys including construction staking shall be under the super- vision of a California licensed land surveyor or civil engineer. Staking shall be performed on all items ordinarily staked at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. WATER The contractor shall make his own provisions for obtaining and applying water neces- sary to perform his work. If the contractor desires to use available city water, it shall be his responsibility to make arrangements for water purchase by contact- ing the City's Utility Superintendent, Mr. Tom Phillips, at (714) 673 -2110, extension 267. PAYMENT All incidental items of work not separately provided for in the proposal shall be included in the various items of work, and no additional payment will be allowed. CONSTRUCTION DETAILS Pavement Removal, Excavation, and Existing portland cement concrete or shall be sawcut a minimum of 2 inches the locations beyond property lines a engineer. Final removal at the sawcu jackhammers or sledgehammers. It is or final removal accomplished by othe blow pavement breakers, such as stomp Preoaration asphalt concrete improvements to be removed deep along property lines, join lines, at s shown on the Plans, or as directed by the t lines may be accomplished by the use of emphasized that edges, created by other means r means will not be acceptable, and hard ers, will not be permitted on the job. The contractor shall prepare the subgrade in conformance with Section 301 of the City's Standard Specifications. Payment for pavement removal, excavation, and subgrade preparation will be con- sidered as included in the unit prices paid for the corresponding or associated items of new work. Portland Cement Concrete Portland cement concrete furnished for construction of all alley pavement, street pavement, alley approaches, garage approaches, sidewalks, and curb and gutter shall have a B or C gradation and shall attain a minimum modulus of rupture of 600 psi (tested in conformance with ASTM designation: (C78 -64) within 28 days after placement. Portland cement concrete shall be securely barricaded immediately after placement and no vehicular traffic will be allowed thereon until beam tests yield a minimum modulus of rupture of 450 psi. In view of the P.C.C. strength requirements described above and the schedule of work limitations described in Section III of these Special Provisions, the con- tractor may find it necessary to add additional cement,. use special aggregates, 4 5 . • SP4of5 or use admixtures to meet the specifications. sions is that the contractor prepare his bid in limitations and no additional compensation will that may be required to meet these conditions. The intent of these Special Provi- conformance with these strict be allowed for the extra materials The contractor will be permitted to use concrete pumping methods to facilitate concrete placement. Pumping concrete through aluminum pipe will not be permitted. Overhead screeds will be required at the flow line. A 12 -inch wide smooth trowel surface shall be constructed along the flow line (centerline) of each alley. The remainder of the alley surface shall be light broom finished. All sidewalk or drive approaches that extend beyond the street or alley right - of -way shall have a cold joint or if placed monolithic a minimum 2" deep saw cut within 24 hours at the right of way line. Contact joints shall be constructed in conformance with the City of Newport Beach Drawing No. STD - 120 -L. Street joints shall be constructed where shown on the Plans. Alley joints shall be constructed in conformance with City of Newport Beach Drawing No. STD - 119 -L. Special care shall be taken to locate weakened plane joints at water meter boxes, power poles, and all other critical locations. Allev Approaches Portland cement concrete alley approaches shall be constructed in accordance with the City of Newport Beach Drawing No. STD -117 -L with the following ex- ceptions: (a) Portland cement concrete shall be 6 inches thick and the 4 -inch thick layer of aggregate base will not be required. (b) Curb return radii shall be 6 feet unless otherwise indicated on the plans or directed by the engineer. Adjustment of Various Walks, Landings, Fence Supports, Etc. Brick, flagstone or other miscellaneous walks not constructed of portland cement concrete or asphaltic concrete shall be adjusted to the new alley grades. Variable height 2 -inch redwood header fence supports will be in- stalled where support is required at existing fences as indicated on the Plans. Asphalt Concrete Asphalt concrete furnished for construction of 4 -inch thick pavement and variable thickness feather join shall be Type III -D -AR -4000 in conformance with Section 400 -4 of the Standard Specifications. A tack coat shall be applied in accordance with Subsection 302 -5.3 of the Standard Specifications. The cost of the tack coat shall be included in the unit price bid for the associated asphalt concrete. • , SP5of5 6. Ad.iustment of Utilitv Boxes. Manholes. Etc. to Grade All sewer manholes, water valve boxes, sewer cleanouts, water meter boxes, and any other miscellaneous utility boxes shall be adjusted to finish grade prior to placement of Portland cement concrete. In the event the utility box or structure is located in an area to be improved with asphalt concrete, adjustment to finish grade shall be made after the asphalt concrete pavement has been placed in a manner similar to that described in Section 302 -5.7 of the Standard Specifications. No separate compensation will be allowed for this work. Protection of Existing Property Line Monuments Many property lines are designated by "iron pipe and tag" as shown on the plans. Special care shall be taken during removal not to disturb the pipe location. Any monuments removed or dislocated during construction shall be restored by the contractor at his expense. Flow Diversion Around Manholes The cost of constructing flow diversion channels around manholes at various locations as indicated on the Plans shall be included in the unit price bid for constructing Portland cement concrete alley pavement and no additional compensation will be allowed. CITY OF NEWPORT BEACH � • CERTIFICIOE 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. MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE Project Description: Alle3�Imprnupmton *a - Ralbna Taland h Peninsula This is to certify that the ame of nsurance Compa y has issued to R_ w- mcirlellan a Name of nsured dress of ns the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. This policy includes at least the following coverages: a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder Named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: Parker - Doubledee Address of Agency or Broker: 170 E. 17th Street., Costa Mesa, Calif. Telephone No. 646 -88(36 Countersigned by: Authorized Insurance Company Representative Effective date of this endorsement: April 30 , 19 75 , Endorsement No. re ial ) ie Aal Policy Term Limits of Liabilit Coverage Policy No. Each Occurrence Aggregate 4 (Minimum: (Minimum: ,omprehensive Liability i ACL 0367 14 1/1/75 1/1/76 $500,000) 1$1,000,000 I$ $ 500,000 Protects Products 500,000 Contracts SHOW C )MPLETE INFOR ATION BELOW 1 Policy No. COMPREHENSIVE LIAB. Combined Single From: / 's $ 5 "Vino o Protecti Limit Bodily Injury ArL c,3...i $ //)Iij�eY) Products or Property Damage To: // /Z -_ $ , >'DU��LI� $ ,c�D'Yeo[�Contract Each Occurrence 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: Parker - Doubledee Address of Agency or Broker: 170 E. 17th Street., Costa Mesa, Calif. Telephone No. 646 -88(36 Countersigned by: Authorized Insurance Company Representative Effective date of this endorsement: April 30 , 19 75 , Endorsement No. re ial ) ie Aal INSURANCE COMPANY OF NORTH AMERICA 4 low AND ��� PACIFIC EMPO ERS CATS OFINSURANCEE COOANIES (This Certificute of Insurance neither affirmatively nor negatively amends, extends M or olters the coverage, limits, terms or conditions of the policies it certificates.) lE z4itf 'is to ertifu to _ COMPANY CODES (� City of Newport Beach 1 3300 W. Newport Blvd. M ALLIED INSURANCE CO. Newport Beach, Calif. tai INA OF TEXAS (] PACIFIC EMPLOYERS INSURANCE CO. L INSURANCE COMPANY I L_ —J YJ Of NORTH AMERICA the follriw,oy described policv or policies, issued by The Company as coded below, [A] INA INS. CO. OF ILLINOIS p:coJing Insuronce uoty fot hazards checked by "X" below, have been issued to; Name and Address R. W. McClellan and Sons, Inc. N INA INS. CO. OF OHIO of Insured— 2031 So. Anne Santa Ana, Ca. (OTHER; - SPECIFY) covering in accordance with the terms thereof, at the following location(s): - -- TYPE OF POLICY HAZARDS Co. CODE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Workmen's Statutory W. C. Compensation 6 ❑ PWC 107133 10/1/74 j One Accident and Employers' Liability 1011175 Aggregate Disease (b) General Liability Premises — Operations (including. "In - ❑ ❑ $ Each odental Contracts" as defined below) Person 3 Independent Contractors ❑ ❑ �❑ Accident gl Completed Operatims/Products ❑ El j Each U Occurrence ollj Contractual, (Specific type as de- m in footnote ❑ ❑ scribed below) j Aggregate--Completed Operations /Products + —j Premises - Operations, (Including ii ❑ Accident a! "Incidental Contracts " as defined ❑ ❑ i Each 1 Occurrence below) Independent Contractors ❑ I ❑ f Aggregate -- Prem. /Oper.l -'� Completed Ope•ationsJ ➢roducts ❑ ❑ j Aggregate— Protective g Contractual, ;Specific type as de- n` scribed In footnote below) ❑ ❑ $ Aggregate — Completed 1 Operations /Products j Aggregate--Contractual 'I (c) Automobile Lability Owned Automobiles ❑ El Each Persian I?` m?j Hired Automobiles ❑❑ ❑ ❑ Accident ( j Each I r� Non Automobiles 11 Occurrence -owned FFF ---am _ — _ Owned Automobiles ❑ ❑ f�-� S0 Accident qqII �pl Hired Automobiles ❑ ❑ $ Each f ❑ Occurrence ao, Non -owned Automobiles (d)�_J __-. _ _._ _ R. W. McClellan and Sons Inc. are aware of and will comply with Section 3700 of the Labor Code, L-.-...-I,iabilitv equi ing every ployer to a insured against for Work nis om a sation or o undertake self - insurance_ - before_ zia? nenc� any gf the wor15 Centocrua awna": ct as II a po icy terms apP icable, specific contractual liability coverage is provided as respects Q a contract / ❑ purchase order agreements / ❑ all contracts (check applicable blocks) between the Insured and: Name of Other Party:._. Dated (if applicable ):...... No. (if any): Deu,,ption (a, Job)'....__ -_.. Definitions: "Incidental contract' means any written (1l lease of premises (2) easement agreement, except in connection with construction or demoliNcn opetatroas on or adjacent m a railroad, f3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the muniupality, (4) sidetrack agreement, or (5) elevat intenance agree nt. It is the ,mention of the company that in the event of cancelatlon of the .- i.E.c. policy or policies by the company, ten (10) days written nonce of such eancelation will be given to you at the address stated above. V Authorized Representative 1. CRIC.INAL 7 0 a May 6, 1975 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ALLEY IMPROVEMENTS - BALBOA ISLAND AND PENINSULA 1974 -75 (CONTRACT NO. 1624) Attached are four copies of the subject contract documents and the insurance certificates. Please have executed on behalf of the City, retain your copy and the insurance certificates, and return the remaining copies to this department for distribution. J hn S. Wolter roject Engineer JSW:h Attachnents RESOLUTION NO. 8480 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT IN CONNECTION WITH ALLEY IMPROVEMENTS, BALBOA ISLAND AND PENINSULA, CONTRACT NO. 1624 WHEREAS, pursuant to the notice inviting bids for improvements in connection with alley improvements, Balboa Island and Peninsula, in accordance with the plans and specifi- cations heretofore adopted, bids were received on the 15th day of April, 1975, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is R. W. McClellan and Sons, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of R. W. McClellan and Sons, Inc. for the work in the amount of $28,734.10 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 28th ATTEST: City Clerk ,P- Alto day of April , 1975. Mayor DDO /bc 4/24/75 0 0 CONTRACT NO. 1624 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR ALLEY IMPROVEMENTS - BALBOA ISLAND AND PENINSULA R.W. WGULLAN & SONS, INC, 2031 So. Anne St. Santa Ana, Calif. 92704 Approved by the City Council this 24th .day of March 1975. L ra Lagios, City Cie k 1974 -75 SUBMITTED BY: R. W. McClellan and Sons, Inc. Contractor 2031 So. Anne St. Address Santa Ana, Calif. 92704 City Zip Code 714) 556 -3800 Phone � z 17-3 Total Bid Price Page 2 All bids are to be computed on the basis of,the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 247553 Classification C12- SA =SC21 Accompanying this proposal is bid bond sa1-sc32 (Cash, Certified Check, Cas ier 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 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. Phone 4) Nu er 4/15/75 Date R. W. McClellan and Sons, Inc, Bidder's Name ut orl�Fi ed Signature WiTaiam M3Zter ie�e resw Authorized Signature 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: Rollo W. McClellan, Jr, Pres, William Miller Vice Pres. Michael McClellan Secy/Treas L 0 • Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 3. 4. 5. 6. 7. S. 9. 10. 11. 12. R. W. McClellan and Sons Inc. Bidders ame Authorized Signature William Miller California Corporation pe of Ty Organization (Individual, Co- partnership or Corp.) 2031 So. Anne St. Santa Ana Calif. 92704 Address 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 10% of Contract Bid Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves; jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of Alley Improvements - Balboa Island and Peninsula 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 4th day of April , 19 75 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) R. W. McClellan and Sons, Inc. Principal By: The American Insurance ByC eorge L. Doubledee Ti Attorney -in -Fact State of Calif orliq . County of Orange s On April 4, 1975 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared George L. Doubledee known to me to be Attorney -in -Fact of The American Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS L v _ t,. 1'r1 cKER My commiss 16, "' -" "''A 360212-6-66 ply C9rnfoi5510n Lxpi s i 'y my official se0, jlr4day and year 5Kted this certificate above. Page 5 14ON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me thisl5th day of April, 1975 , 19 My commission expires: " ". OFFICIAL SEAL �� `. LINDA G. KL IPl KIE W I C Z NOTARY PUSLI;, CALIFORNIA Pj�!"'IC;PAL ;,e? =. ?✓ OFFICE IN ORANGE COUNTY MN Commission Expires Dec. 11, 1978 R. W. McClellan aid Sons, Inc, Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. Signed William Miller Vice Pres. 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 CITY i gn-� William Miller Vice Pres. A.. • • PR 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ALLEY IMPROVEMENTS - BALBOA ISLAND AND PENINSULA 1974 -75 CONTRACT NO. 1624 1HIUMAI To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 1624 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 NO. AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 1. 14,500 Construct 6" thick P.C.C. alley pave - Sq.Feet ment. @ Qiye_ Dollars f /FrY Owe— and Cents s $ _ Per Sq. Foot 2. 7 Construct 6" thick P.C.C. alley Each approach over native soil @ Dollars and 410 Cents $ Per Each 3. 750 Construct 8" thick P.C.C. street Sq.Feet paving @ -7' . O Dollars and No 6-nv _1S Per Sq. Foot $�00 $ /SOD 61 • • PR2of3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 650 Construct 4" thick P.C.C. garage Sq. Feet approach in alley areas. @ 0 Dollars and ° w r> nJ 7' Cents $ $ -760 Per Sq. Foot 5. 350 Construct 4" thick P.C.C. side - Sq. Feet walk. @ Dollars and 410 Cents $ / � —° $ 3S0 Per Sq. Foot 6. 90 Construct variable height Type Linear Feet "B" curb. ­5eLlif o1 Dollars and _ 41'J Cents $ 7 $ b 30 Per Linear Foot 7. 29 Construct 6" Type "A" P.C.C. Linear Feet curb and gutter. @ Dollars and 4-11.le-11 Cents Per Linear Foot $1 U $ 7.Z9 8. 600 Construct 4" thick A.C. garage Sq. Feet approaches in alley areas. @ �,�4Z_ Dollars 410 Cents $ ¢o Per Square Foot 9. 1 Construct 6" thick P.C.C. Type Each II residential drive approach. @ Dollars and 'lp Cents Per Each TOTAL PRICE WRITTEN IN WORDS: TweAJIY Yra s~ ivu.,— Dollars and TQ.i/ Cents $600 -- $,300— $ 30D • • PR3of3 CONTRACTOR'S LICENSE N0. 247553 TELEPHONE NUMBER 714) 556 -3800 4/15/75 Date R. W. McClellan and Sons, Inc. Bidder's Name re CONTRACTOR'S ADDRESS 2031 So. Anne St. Santa Anao Calif. 92704