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HomeMy WebLinkAboutC-1710 - 12-inch water main connection, Pacific Coast Highway & Newport BoulevardA May 9, 1977 CITY COUNCIL AGENDA ITEM NO.H -11 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD (C -1710) 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 12 -inch water main connection at Pacific Coast Highway and Newport Boulevard has been com- pleted to the satisfaction of the Public Works Department. The bid price was: $23,789.00 Amount of unit price items constructed 23,789.00 Amount of change orders 2,048.93 Total contract cost 25,837.93 Funds were budgeted in the Water Fund (Account No. 50- 9297 -109) During construction it was found that the existing 6 -inch main in front of the Arches Restaurant did not extend as far westerly as shown in the records. As a result, it was necessary to construct a 2 -inch tem- porary water line to the Arches property and later extend the 6 -inch main to connect with the new 12 -inch main. After the contract was awarded, Caltrans required that the steel casing under West Coast Highway be extended 10 feet. A change order in the amount of $2,048.93 was issued to cover all of the above work. The design engineering was performed by the Public Works Depart- ment. The contractor is Witon Construction Co., Inc. of Alhambra, California. The contract date of completion was March 10, 1977. The contractor was delayed in arranging for the 2: -inch temporary line with all work being completed on March 18, 1977. eph T\ Dovlin lic Wo s Director :hh a January 24, 1977 CITY COUNCIL AGENDA ITEM NO. H -2 (k) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD (C -1710) RECOMMENDATION: Adopt a resolution awarding the contract to Witon Construction Company, Inc., for $23,789.00, and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Two bids were received and opened in the office of the City Clerk at 10:30 a.m. on January 7, 1977. Bidder Amount Bid 1. Witon Construction Co., Inc., Alhambra $23,789.00 2. G. R. McKervey Inc., Irvine $49,725.00 The low bid is 19% higher than the engineer's estimate of $20,000. The difference appears to be due to concern by contractors regarding the difficulty of construction in a congested area. The project provides for the installation of approximately 72 feet of 12 -inch water main across Pacific Coast Highway easterly of Newport Boule- vard. Jacking of approximately 55 feet of 24 -inch steel casing will be re- quired under the highway. This water main connection will improve the water system in this zone by looping an existing dead end main on the northerly side of the highway. Funds in the amount of $20,000.00 are provided for this project in Account No. 50- 9297 -109 of the current budget. A budget amendment trans- ferring $5,000 has been prepared for Council consideration if the contract is awarded. The amount includes an allowance of $1211 for materials testing and contingencies. There are sufficient unencumbered funds in the Water Main Replacement Program to provide for the budget amendment. A Coastal Zone Permit and a Caltrans Encroachment Permit have been obtained. An approved Negative Declaration is on file with the City. Witon Construction Co., Inc., has successfully completed water projects for the Long Beach Harbor Department and the City of Buena Park. These agencies considered the work done on these projects to be of excellent quality. The plans and specifications were prepared by the Public Works Department. It is estimated that construction will be completed by mid - March. An exhibit is attached showing the location of the proposed construction. seph T. Director P blic Wor s Director t. EGD:hh 1 i i" i 0 -� __, C.,• ,,tip MIA R R31 A' p lI 3 RS R3, A P 1 R3 ( p r SPIA� SA Y Y A -p A- p A -p-H ` R T" 4it PC l � i0E �Eff J L7 e S >u- ANDS -u- BARB -u- -u -. i co I CI - L CIH C211 CIH CIH COz COz TURNING BASIN O aFl c \ v,� t, IpH API O t q- R2 o T �° P2 O R�, C1ry 67ZR 92 �S 4CT T,4 rC1N 7 @� I'� Bo` o O J 7!_� S/ RQ 4,,2 R p2 R` < \`'az F c� � vim✓ � . CABS; P -C G CONSTRUCTION OF 12-INCH I1 /k r, I I MAIN ACROSS PACIFIC COAST HIGHWAY AT 'NEWPORT GOUIEVARO ti �� EXHIBIT "A" a j '?• -77 -. RESOLUTION NO. By 1 i15 -;; i ; 'ruuN is. 1 CITY alt' K-E.WfQ I W3 ACHA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO WITON CONSTRUCTION COMPANY, INC. FOR WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD, CONTRACT NO. 1710 WHEREAS, pursuant to the notice inviting bids for work in connection with the 12 -inch water main connection at Pacific Coast Highway and Newport Boulevard, in accordance with the plans and specifications heretofore adopted, bids were received on the 7th day of January, 1977, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is Witon Construction Company, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Witon Construction Company, Inc. for the work in the amount of $23,789.00 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 January , 1977 ATTEST: City Clerk Mayor DDO /bc 1/21/77 l � K r December 20, 1976 CITY COUNCIL AGENDA ITEM NO. H -11 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD (CONTRACT No. 1710) RECOMMENDATIONS: 1. Approve the plans and specifications for the subject project. 2. Authorize the City Clerk to advertise for bids to be opened at 10:30 A.M. on January 7, 1977. DISCUSSION: The project provides for the installation of approximately 72 feet of 12 -inch water main across Pacific Coast Highway easterly of Newport Boule- vard. Jacking of approximately 55 feet of 24 -inch steel casing will be re- quired under the highway. This water main connection will add operational flexibility and safety to the water system in this zone by looping an exist- ing dead end main on the northerly side of the highway. The plans and specifications were prepared by the Public Works Department. It is estimated that construction will be completed by March 21, 1977, at an estimated cost of $20,000. Funds in the amount of $20,000 have been provided for in the current budget. A Coastal Zone Permit and a Caltrans Encroachment Permit have been obtained. An exhibit is attached showing the location of the proposed con- struction. c� Joseph T. evlin Public Wo ks Director EGD:jd Att. " MAP 1g o� .Y �n J . u L c ANDS -u- o' v�U.Ire'io� S, F i S _ C� oo %5 rH _CZ y . R ��/ 2 A v .` V - �`P MIA %'. f R2 ; Oavq �4'U C RI M R3 WAY ' A -p { A-P �Op D! o ` e. R1 L fF 8 %P'J 1 3 `o' A -P'H ^ eS s1 T J R =E GoE Pc EPa2arioi! - co CIH_ eo 0 RI RI 0 a -u- cr. r P.c',_� RI n R! kl RI F? 4 � I RI RI RI C R 2 RI 1 ti R! RI _ RipFF ll'1' -! -� RI / itl at r P.1 al \ Igo RI o q� RI yo R c '' i CIHI C LF A✓ H C/H H/ C2H ( ; I CIH CoD�r^ Q^✓ COZ COZ TURNING BASIN -�- �r�cS' LIDO 'O v ' cIN CI r� �L VIA L/ -' CIH IrY /'� ��.� e /�F - FS r.c 2 ry ,y RZ n I'` _ C✓'y �/�{ J V R�/RoR'o R? q`F oLO4 ( f� cF p r `C0z cb C P -c CONSTRUCTION OF 12 -INCH WATER MAIN ACROSS PACIFIC COAST HIGHUAY AT NEWPORT BOULEVARD EXHIBIT "A" Joan 22, 1977 witon Construction Compswo Ise- 2901 West V*1147 Uvd- - SlAsIs V Albamhra, CA 91803 subject: Surety: Fidelity and DaMit Company of Maryland Bonds No.: 8959085 Project: 12 Tmah Water VaIA commeat"S at Pacific ,.;F, �;Coast Highway Newport Contract Not 1710 The City COMCU an May 9, ISIfy accepted tb& work of subject project and autborleed the Clty,clovk to file a NOtft* Of Coaplotion and to "lease the bonds 35 days after Notice Of Completion Me been filed. notice of Completion was I filed with the Orange county Recorder on May 12, 1977 in Book no. 12191, Page 979. Please, notify, yaw surety co"may that bonds joy be released 35 days after recording date. Doris George City Clark Dates set Public Works Department RFO�FO'�O/N0 EXEIMPT B 12191 P6 979 C5 20462 NOTICE. OF COMPLETION PUBLIC WORKS RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 5 Past 1 P.M. MAY ] ^s 1977 L WYUE CARLYLE, Cuun,r Recoidlir To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE, NOTICE that on March 18, 1977 the Public Works project consisting of 12 -Inch Water Main Connection at Pacific Coast Highway & Newport Boulevard on which Witon Co was the contractor, and Fidelity was the surety, was completed. IN I, the undersigned, say: t Company of Maryland CITY OF NEWPORT BEACH i� orks 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 May 10, 1977 at Newport Beach, California. I, the undersigned, t I am the City Clerk of the City of Newport Beach; the City Council of said City on May 9, 1977 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 May 10, 1977 at Newport Beach, California. a L Aft; �l;y r•�, ` �i�� ...� JC.f OF NEWPORT BEACH CALIFORNIA City Han 3300 W. Newport Blvd May 10 1977 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 12 -Inch Water Main Connection at Pacific Coast Highway & Newport Blvd. - Contract No. 1710 on which was the Contractor Wjtan and WiAm11ty x Depoolt (!.... gay of Mar7liAS4 the surety. Please record and return to us. Doris George V City Clerk City of Newport Beach t Date EmbMuere 17- 1 977 M: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1710 1. Project 19 �taLw gn np a ofl� at Fa 1fle Pmt I9' 4_Npt Blvd. Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Address: 2901 tiaat Vallav Blvd - bit* D Alhsebra Ck 91603 Amount: $ 23.789 Effective Date: Feb. 14, 1977_ Resolution No. 8985 DG:swk Att. cc: Finance Department Doris George February 10, 1977 TO: CITY CLERK FROM: Public Works Department SUBJECT: 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD (C -1710) Attached are four copies of the subject contract documents. Please have executed on behalf of the City, retain your copy and the insurance certificates, and return the remaining copies to our department. Eldon Davidson Project Engineer ED:jd I I i i PURCHASE ORDER NO. 08638 INVOICE IN DUIPLICKV11Z CITY NEWPORT 3300 NEWPQRT BOULEVARD-��', NEWPORT BEACH, CALIFORNIA 92663 PRO tft-JT14) 640-2291 VENDOR .E Witon Construction Co. Inc. 2901 Vest Valley Blvd.-... �Uite 03 i. Ewers . DATE Feb 977 DEPT. city, - il SHIPTID (SAME UNLESS OTFIERVVIS'NiOTEM DEPARTMENT COPY.— iZ 1wh Wfater main 23,789. 00 co, -,Fioctlon at Pacific Coast Hitthwaly. and FlewN.rt Blvd. as t ^ con ract Contract I-110 Resolution Y4P,_r, IMPORTANT SIG-92974o 23,789',( The Articles covered by this Purchase Order or Contract must conform to applicable Cal—OSHA Standards, 'and/or other CITY OF NEWPORT REACH appropriate laws, regulations, ruin, and codes of the Federal Government and the State of California. ..... .. Show as a separate item any retail sales tax, use tax or Federal tax applicable to this purchase. 1 This order subject to California sales tax. D. W. MEANS PURCHASING AGENT All allowable transportation charges must be prepaid and shown as a separate item on the invoice. Do not include Federal trans- portation tax. DEPARTMENT COPY.— CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR 12-INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD CONTRACT NO. 1710 Approved by t e City Council this 20 day of December 1976. oris George, City X*k Submitted by: 41 CITY CLERK WITON CONSTRUCTION COMPANY, INC. Contractor 2901 West Valley Blvd., Suite D Address Alhambra, CA 91803 City Zip (213) 282-9129 Telephone TFt'al'U Bid o'Price r 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 7 day of January , 1977 , at which time they will be opened and read, for performing work as follows: 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD CONTRACT NO. 1710 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 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.) S' r+ Page la The City has adopted the Standard Specifications for Public Works Construction (1976 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 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 Category of at least Class X 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. 8950 adopted December 1.3, 1976. 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 contractor shall be responsible for com- pliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -14 -76 11 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. 253204 Classification A Accompanying this proposal is , , uasnler -s uneCK 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. (213) 282 -9129 Phone Number Jan. 7, 1977 Date 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: Ted K. Pendleton Gerald R. Winterburn JoAnn E. Winterburn Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. 2. 3. 4. 5 6. 7. B. 1 9. 10. 11. 12. Bidder's Name Authorized Signature Type of Organization (Individual, Co- partnership or Corp.) Address FOORIGINAL SEE CITY CLERK'S FILE tY Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, WITON CONSTRUCTION COMPANY, INC. as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT (10 %) OF THE TOTAL AMOUNT BID IN Dollars ( , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of 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 7th day of January , 19 77 . Corporate Seal (If Corporation) PA�,ffINSTRUCTION (Attach acknowled ement of Attorney -in -Fact Vronr9ia .1 TieP, Notary Public - FIDELITY AND DEPOSIT COMPANY OF MARYLAND Commission Exaires Nov. 1. 1977 Surety By S /Clifford D. Cooper Title Attorney -in -Fact NON- COLLUSION AFFIDAVIT rI 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 5th day of January 19 77 . My commission expires: Nov. 1, 1977 S /Ted K. Pendleton, President S /Georgia J. T.iek Notary Public • Page 6 FORORIGINAL SEE CITY CLERK'S FILE COPY STATEMENT OF FINANCIAL RESPONSIBILITY Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. On file with City Clerk. I S /Ted K. Pendleton, President Signed 0 0 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. City of Signal Hill Ohio Avenue Water Main Improvements $27,700.00 City of Long Beach Harbor Department Ships Service Water Line HD -S1214 $58.900.00 j S /Ted.K. Pendleton, President Signed Preuuuu.n"iaded is perforannoe bond LABOR AND MATERIAL BOND 0 Page 8 5959085 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted January 24, 1977, has awarded to WITON CONSTRUCTION COMPANY, INC. hereinafter designated as the "Principal ", a contract for 12 -INCH WATER MAIN 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 of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing 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 WITON CONSTRUCTION COMPANY, INC. as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Eleven Thousand, Eight Hundred Ninety - four & 50 /100 - -- Dollars ($1 1,894.50 ), 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 above bounden Principal 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. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon (Labor and Material Bond - Continued) Page 9 this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the 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 28th day of January 19 77 WITON CONSTRUCTION COMPANY, -INC.(Seal) Name of Contractor Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Seal) Name of Surety One lire Bldg., Suite 9020 Los MAeles,, Calif. 001 Addr Address of Agent Telephone No. of Agent i 0- I STATE OF CALIFORNIA 1 ss: .........................COUNTY OF Los ANGELES On ............. JAN --- 2-8.197.7 .............. , before me, the undersigned, a Notary Public of said county .... and state, personally appeared ------------------------------------- ---------- -- -- -- - known to me to be the Attorney -in -Fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. OR(12)10 Loe An Ies i is e Notary Public I KFRBY NOTARY Fue.ic - Cavi roawA �yr� rRi c oraice iv - -.- Los nYGrt..FS cnuNTY My Commission Expires July 25, 1979 i is e Notary Public The premium charged for this bond . • is A3 g;.�.iQor the term thereof Page 10 PERFORMANCE BOND SM(afl`K KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted 24, 1977, has awarded to WITON CONSTRUCTION COMPANY, INC. hereinafter designated as the "Principal ", a contract for ONNECTION AT PACIFIC COAST HIGHWA 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 of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, WITON CONSTRUCTION COMPANY, INC_ as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Twenty- three Thousand, Seven Hundred Eighty -nine & No /100Dollars ($ 23,789.00 ), 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, con- ditions, 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. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice la 1' e Page 11 (Performance Bond - Continued) of any such change, extension of time, alterations or additions 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 28th day of January , 1977 WITON CONSTRUCTION COMPANY, INC. (Seal) Name of Contractor (Principal) - FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Seal) Name of Surety One WYstri)re Bldg., Suite 1020 re ano iizie OT AUtnor MEDEIRDS Attorney -in -Fact Address of Agent Telephone No. of Agent i I 1� STATE OF CALIFORNIA i ss: ........................COUNTY OF Los ANGELES On ... _.. "_ ':_ :__... ........ ................ before me, the undersigned, a Notary Public of said county and state personally appeared -- -- RONALD MEDEIROS -- --. ------- ---- ------ ---- -- - - - - -- ----- --- - ---- -- -- ---- -- --- ---- ---- --------------- - ----- known to me to be the Attorney -in -Fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. L F E 1L I KERr f NJ J,0.v C BY CF LFO RNIA PP�Nrt"AL OF -i qJ BR(12)10 \ -o, AIM E! `S You NTY -1 1 Lo An kq 201425 ? - MY Commasmn �xuucs July 23,1979 Notary Public Power of Attorney FIDELITY AID DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNow ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by We H. C. GRIFFITH, Vice- President, and JOHN C. GARDNER , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: "The President, or any one of the Executive Vice - Presidents, or any one of the additional Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Resident Assistant Secretaries and Attorneys- in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Ronald Medeiros of Los Angeles, Californi emu.. i s rue and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings .................... I Anti e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Ronald Medeiros, dated April 16, 1951, The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this -------------------- - th -------------------------------- day of --- ------ - ---- ----Qctober ......... --- --- - ----- -I A.D. 19_555... ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIGNED) .... ... ...-- ---- - -- --- --------------- .... By----- ----- --- -- _--- ---- --- ------ - - ---- ° H° C °_GRIFk.I2li (SEAL) Assistant Secretary Vice - President STATE OF MARYLAND CITY OF BALTIMORE J On this 25th day of October A.D. 1955 before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice - President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. (SIGNED) .... ......... '_ ....................... .- --------- DQTa0n ---UE . ..A.. "--- (SEAL) Notary Public Commission Expires -lyay- ,6.,_._1957 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents spe- cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 28.. h January, -- a ry -- � -- ...................... ......._, .. ....day of----- ---- - ---- ----- -. -.. 19-- - - - ,.G L1419—Ct(. 196598 Assis ecrUary 0 • Page 12 CONTRACT THIS AGREEMENT, made and entered into this /-/ tt day of A_4� , 19 , by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and WITON CONSTRUCTION COMPANY, 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 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD (CONTRACT NO. 1710) 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 therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. 0 Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH, CALIFORNIA By: Mayor ATTEST: ity C erk Contractor BV (SEAL) dyes /� Ti le By. Title • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD CONTRACT NO. 1710 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the the Notice Inviting Bids, has examined the Plans (Drawing No. W- 5110 -S) and Provisions, and hereby proposes to furnish all materials and do all the work complete Contract No. 1710 in accordance with the Plans and Specifications, in full payment therefor the following unit prices for the work, complete in NO. AND UNIT UNIT PRICE WRITTEN IN WORDS 1 1 Install approximately 55 linear feet of 24 -inch Lump Sum diameter jacked steel casing, 72 linear feet of 12 -inch diameter, Class 200, A.C.P., gates valves, and appurtenances as shown on the plans, complete and in place Twenty -three Thousand Dollars @ Two Hundred fi v -nines and 1 Guard underground construction Lump Sum PR 1 of 1 work, has read the Special required to and will take place, to wit: 10 @ Five Hundred Dollars and Nn Cents $ 500 00 Lump Sum TOTAL PRICE WRITTEN IN WORDS Twenty-three Thousand Seven Hundred Fighty -nines Dollars and Mn Cents $ 23,789.00 Contractor's License No. 253204 WITON CONSTRUCTION COMPANY INC. Bidder's Name Date January 7, 1977 S /Ted K. Pendleton, President Authorized Signature Contractor's Address 2901 W. Valley Blvd., Suite D, Alhambra, CA 91803 Telephone No. 282_.9129.., CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT 0 INDEX TO SPECIAL PROVISIONS FOR 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD 1976 -77 Item CONTRACT NO. 1710 Page I. Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Work Schedule and Completion of Work . . . . . . . . . . . . . 1 III. Work within State Highway Right of Way . . . . . . . . . . . . 2 IV. Work and Storage Areas . . . . . . . . . . . . . . . . . . . . 2' V. Surface Runoff Water Control . . . . . . . . . . . . . . . . 2 V.I. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VII. Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VIII. Construction Survey Staking . . . . . . . . . . . . . . . . . . 3 IX. Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X. Protection of Existing Utilities . . . . . . . . . . . . . . . 3 XI. Flow and Acceptance of Water . . . . . . . . . . . . . . . . . 3 XII. Guarding Underground Construction . . . . . . . . . . . . . . . 4 XIII. Disposal of Waste Material . . . . . . . . . . . . . . . . . . 4 XIV. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 XV. Liquidated Damages . . . . . . . . . . . . . . . . . . . . . . 5 XVI. Construction Details . . . . . . . . . . . . . . . . . . . . . 5 A. Surplus Material . . . . . . . . . . . . . . . . . . 5 B. Jacked Steel Pipe Casing . . . . . . . . . . . . . . . . 5 C. Asbestos Cement Pressure Pipe . . . . . . . . . . . . . . . 5 D. Aggregate Base . . . . . . . . . . . . . . . . . . . . . . . 5 E. Asphalt Concrete . . . . . . . . . . . . . . . . . . . . . 5 • SP 1 of 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR 12 -INCH WATER MAIN CON NECTION AT - - PACIFICC CAST HIGHWAY AND NEWPORT BOULEVARD CONTRACT NO. 1710 I. SCOPE OF WORK The work to be done under this contract consists of the installation of approx- imately 55' of 24 -inch jacked steel casing, 72 linear feet of 12 -inch diameter, Class 200, A.C.P., gate valves, and related appurtenances across Pacific Coast Highway easterly of the Arches Interchange. The contract requires the completion of all the work in accordance with (1) Special Provisions, (2) The Plans (Drawing No. W- 5110 -S), (3) the City's Standard Special Provisions and Drawings, (4) City of Newport Beach Standard Specifications and, where applicable, (5) the California Standard Specifications, January, 1975 and the California Standard Plans, January, 1975. The City's Standard Specifications are the Standard Specifications for Public Works Construction, 1976 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 Drawings and Special Provisions may be purchased from the Public Works Department at a cost of $5.00 If there is a conflict in methods of measurement between the City's Standard Specifications and the California Standard Specifications, the City's Standard Specifications shall take precedence. II. WORK SCHEDULE AND COMPLETION OF WORK Within 10 days after notification of award of contract, the contractor shall submit to the engineer for review and approval a detailed work schedule in accordance with Section 6 -1 of the Standard Specifications. Work on this con- tract shall not start until the contractor's schedule has been approved by the engineer. See Section III of these Special Provision for the work schedule and traffic control requirements for work within the State Highway right -of -way. The contractor shall complete all work on this contract within 45 consecutive calendar days after notification of award of contract or within 14 consecutive • SP2of5 calendar days after work is started on the project site, whichever occurs first. III. WORK WITHIN STATE HIGHWAY RIGHT -OF -WAY This contract requires completion of all work within the State of California Department of Transportation Right -of -Way (State Highway 1 and Old Newport Boulevard) to be done in accordance with the requirements of State Encroachment Permit attached hereto. All work requiring traffic control or lane closures on State Highway 1 (Pacific Coast Highway) shall be done during the hours of 11:00 P.M. to 7:00 A.M. Special arrangements may have to be made for delivery and placement of materials (asphalt concrete, etc.) to insure that the work is completed within the above time require- ment. The contractor shall be responsible for payment of all charges imposed by the State of California Department of Transportation under Permit 776 -U- 783957 includ- ing but not limited to inspection cost and replacement of obliterated striping and pavement markings. IV. WORK AND STORAGE AREAS The contractor shall confine his operations to the area within the easement and the State Highway right -of -way unless he has written permission to enter and/or use the adjacent private property. In addition the easement and State right -of- way area may only be used while actually performing work. The contractor shall obtain an off -site location for storage of equipment, material and employee parking. It is the intent of the above requirements that the work site be cleared of all equipment, material and etc. during non - working times and that the traffic flow of Pacific Coast Highway is not disturbed. V. SURFACE RUNOFF WATER CONTROL Surface water containing mud, silt or other deleterious material from the project shall be treated by filtration or retention in a settling basin or basins, suffi- cient to prevent such waters from entering storm drains or the bay. The contractor shall submit a plan for implementing siltation control concurrently to the City and to the California Regional Water Quality Control Board, Santa Ana Region (6833 Indiana Avenue, Suite 1, Riverside, California 92506, Telephone (714) 684 -9330, Mr. John Zasadzinski), prior to commencing construction. Upon approval of the plan by the City and the Board, the contractor shall be responsible for the implementa- tion and maintenance of the control facilities. The contractor's attention is called to Subsection 7 -8.1 of the Standard Specifications as regards project site maintenance. 0 . SP3of5 VI. PAYMENT 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 shall be made. VII. PERMITS In addition to the State Encroachment Permit, the City has obtained a permit to discharge waste water from the County Sanitation Districts of Orange County and a project permit from the South Coast Regional Coastal Zone Commission. VIII. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engineer. Staking shall be performed on all items ordinarily requiring grade and alignment 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. IX. 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 what- soever. Any such defects shall be repaired at the contractor's expense. X. PROTECTION OF EXISTING UTILITIES Known utilities are indicated on the plans. Prior to performing construction work, the contractor shall request each utility company to locate its facilities. Con- struction of the water main will cause work to be performed near existing sewer, gas, water, storm drain, telephone and electrical lines. The contractor shall protect in place and be responsible for, at his own expense, any damage to utilities encountered during construction of the items shown on the plans. XI. FLOW AND ACCEPTANCE OF WATER It is anticipated that surface -water and ground -water or other waters may be encountered at various times and locations during the work herein contemplated. The contractor, by submitting a bid, acknowledges that he has investigated the risks arising from water and has prepared his bid accordingly. The contractor shall conduct his operations in such a manner that storm or other waters may pro- ceed uninterrupted along their existing street and drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged, or in the opinion of the engineer, are not subjected to the probability of damage. The contractor shall obtain written SP4of5 permission from the property owner before any diversion water outside the street right -of -way will be permitted by the engineer. All water removed from excavations utilizing existing County Sanitation District sewer lines as outfalls shall be pumped to a portable settling box of a size and configuration capable of removing suspended solids from the dewatering operation. The discharge nozzle from the box shall have a 22" standard fire hose connection. The discharge from the box shall be metered and placed into the nearest gravity sewer manhole. The discharge from the box will be periodically sampled by the Orange County Sanitation District No. 5. One standard fire hydrant meter will be furnished to the contractor and may be obtained from the City's Utility Division at 949 West 16th Street. All costs involved in the handling of surface -water and ground -water shall be included in the price bid for other items of work. XII. GUARDING UNDERGROUND CONSTRUCTION Trench excavation and backfill shall conform to Section 306 -1 of the Standard Specifications and these Special Provisions. Guarding - The walls and faces of all excavations over 5 -feet in depth shall be effectively guarded by a shoring system or other equivalent means. Trenches less than 5 feet 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 construction. 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. XIII. DISPOSAL OF WASTE MATERIAL Prior to dumping any spoil or waste material from the job site at any sanitary landfill site in the County of Orange, the contractor shall obtain a "Permit to Dispose of Demolition" from the City Public Works Department. There is no charge for this permit. XIV. WATER If the contractor desires to use available City water it shall be his responsi- bility to make arrangements for water purchases by contacting the City's Utilities Superintendent, Mr. Tom Phillips, at (714) 640 -2221. t. • i SP5of5 XV. LIQUIDATED DAMAGES Liquidated damages shall be in accordance with Section 6 -9 if the contractor fails to complete the work within either of the time limits specified in Section II of these Special Provisions. XVI. CONSTRUCTION DETAILS .A. Surplus Material All surplus material from the project shall become the property of the contractor and shall be disposed of away from the job site in a manner and at a location acceptable to all cognizant agencies. B. Jacked Steel Pipe Casing The jacked steel casing shall conform to the applicable provisions of Section 306 -2 of the Standard Specifications except as herein modified. The contractor will be permitted a tolerance on the jacked steel casing from exact grade or alignment of plus or minus 2- inches. If the hot tap to the existing main is made after the jacked steel casing is installed, the alignment tolerance can be up to 6- inches. The lump sum price bid shall include full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in constructing the jacked conduit complete in place, including all excava- tion, furnishing and installing conduit, including all work involved in jacking the conduit; and doing whatever else is appurtenant to jacking conduit within the limits shown on the plans. C. Asbestos Cement Pressure Pipe The asbestos cement pressure pipe shall conform to Section 207 -7 of the Standard Specifications. The pipe shall be Class 200. D. Aggregate Base Aggregate base shall be Class 2 conforming to the applicable provisions of Section 26 of the California Standard Specifications, January 1975. E. Asphalt Concrete Asphalt concrete shall be Type B conforming to the applicable provisions of Section 39 of the California Standard Specifications, January 1975. Aggregate grading requirements shall be 1/2" maximum (coarse or medium) as specified in Section 39 -202. A FORM 17N.M.P302 (REV. 5-74) . • PERMIT No...776mU.- .7$3957 DIET. CO. STE. P.M. ORA 001 19.76 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UTILITIES ENCROACHMENT PERMIT To City of Newport Beach Public Works Dept. ----------- Oa_Ange1e *-- -_ -. -- )California 3300 W. Newport Blvd. Newport Beach, CA 92663 Dated ----------- July_21------------ 19 -7.6- , Permittee 1. Subject first to the applicable law, and second, to the terms and conditions Relating to Utility Encroachments issued by the State of California, Department of Transportation, which by this reference is made a part hereof, permission is hereby given to jack 65' of 24" diameter steel casing and install 12" diameter water main and pothole on Coast Highway, City of Newport Beach, ORA -1- 19.76, as shown on the attached plan W- 5110 -S. In the event ground water or sand is encountered, said jacking opera- tion shall continue on a 24 -hour per day basis until the entire length of casing has been installed. The ends of the casing shall be sealed with 8" PCC plugs. The pothole #1 and the tie -in to the existing 24" water main shall be performed between the hours of 7 P.M. and 6 A.M., Monday through Thursday only, during which time the #2 southbound lane on Coast Highway and the connector ramp between northbound 55 Freeway to southbound Coast Highway shall be closed to traffic with the use of lighted cones and illuminated signs. Backfill material shall have a minimum sand equivalent of 20 and shall be compacted to a minimum of 95% relative compaction. Permittee shall secure permission from the adjacent property owner to locate a portion of the jacking pit on his parking lot. State forces shall replace all obliterated striping and pavement markings at the Permittee's expense. in accordance with your attached Plan No........... .... -- - - - - -- (CONTINUED) 2. This Permit has been issued by the Department pursuant to: Complete' ( ) Your Application of._---------- --- ---- -------------- y---4--° ..............- ......., 1976.. Proper ` ( ) Utility Notice No..._-- ----- --.....of ...._. ................................ . ............ 19 ..... __ Line I ( ) Agreement No...__. ----- of ..... ...... ........ .. ........... .......... -- ..........., 19 .- ... -... 3. This Permit applies only to the work specifically authorized above. 9. Inspection required by Division —Full (X ) Partial ( ) 5. This Permit shall be void unless the work hereinabove provided for shall have been completed before -- October- 21 ..... .,....... 19.-76 , unless time extension granted by separate Rider. DISTRIBUTION: 2 White to Permittee DEPARTMENT of TRANSPORTATION 1 White to Mice. Superintendent LONG BEACH 1 Pink to Headquarters —Mtce. SIGN SHOP 1 Blue to Dist. Utility Engineer HUNTINGTON BEACH .... .........................R.. - -- '... - .........- .... - -. 1 Yellow to file JWC: mfk "% "BCo /p 1 Green to ---------- ERUZZI.--- --- .................. .................... ..... . . . . .. By --- - - -- 1/L ..... 1/F= R. JORDAN Inlp�r RAYMOND -Info d'il'ly Ass Dinka Penn1Y EaORm, ORA CO. SANITA a o the incorporated Terms and Conditions may be obtained upon requea Attn: Bruce [tT..11l. ]f)1..[CO t.)1 IOY ttlT �W Ot1 13 City of Newport Beach -2- • 776 -U- 783957 The successful bidder shall post a $2,000.00 two -year bond and submit an application to construct the work covered under this permit. Permittee shall arrange for a pre - construction meeting at the job site with the State Representative and all other interested persons to dis- cuss general work requirements, at least 7 days in advance of starting work. This permit shall be kept at the site of the work and must be shown to any representative of the Grantor or law enforcement officer on demand. The attached SUBSTRUCTURES, ILLUMINATED TRAFFIC CONES and BORE sheets are part of this permit. STATE OF CALIFORNIA . • ORA- 001 -19.76 DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT RIDER C DH -WP ZE (REV. I /]AI TO BE ATTACHED TO AND MADE APART OF ENCROACHMENT PERMIT NO. 776 —U- 783957 LOCATION CQO Coast Hwy., City of Newport Beachf WORKS TD 197 City oP Newport Beach 6 a Public Works Dept, 3300 W. Newport Blvd, ACH, Newport Beach, CA 92663 .. COMPLYING WITH YOUR REQUEST OF September 8, 1976 WE ARE HEREBY AMENDING THE ABOVE NUMBERED PERMIT AS FOLLOWS: Date of completion extended to March 1, 1977 EXCEPT AS AMENDED, ALL OTHER ITEMS AND PROVISIONS OF THE ORIGINAL PERMIT SHALL REMAIN IN EFFECT. THIS RIDER MUST BE ATTACHED TO THE ORIGINAL PERMIT. DISTRIBUTION: DATE LOCATION September 17, 1976 1 Lo nap PA LBCH HIM MPDINA SIGN SHOP ,DISTRICT PERMIT N IN HO ED REPRESENTATIVE JORDAN RAYMOND -Info SUMPTER ORA CO, SANIT, i Assist. District Permi :Js • MAINTENANCE • SPECIAL TERMS AND CONDITIONS SUBSTRUCTURES TO BE ATTACHED AND MADE A PART OF ENCROACHMENT PERMIT NO. 776 -U- 783957 A. Inspection Requirements 1. It is imperative that the Permittee notify the State Inspector at least 46 hours prior to starting any work under this permit. State Inspector Mr. D. Peruzzi Phone 714 -639 -6851 between A or if no answer phone between :00 AM and :00 PM. 2. All inspection costs incurred incidental to this work shall be borne by the Permittee unless otherwise specified on the face of the permit. 3. All work shall be performed on weekdays during the normal working hours (7:30/4:00) of the Dept. of Transportation's inspector unless other times are specifically authorized. B. Specifications Unless otherwise detailed and authorized on the face of this permit, all work shall be done in accordance with the Dept. of Transportation Standard Speci- fications dated January 1973 to the satisfaction of the State representative and the following special provisions: 1. SAFETY AND TRAFFIC CONTROL: A minimum ofSEE PERMIT lanes shall be provided for traffic in each direction. In addition, minimum clearance of two feet adjacent to any surface obstruction and a five -foot clearance between the excavation and the traveled way shall be maintained. Provision shall be made for barricades, lights, and flagmen to adequately protect the traveling public during construction operations in accordance with the "Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways ". When necessary for public safety, flagmen shall be on duty twenty -four hours a day at no expense to the State. When the permit authorizes installation by the open -cut method, not more than one lane of the highway pavement shall be open -cut at any one time. After the pipe is placed in the open section, the trench is to be backfilled in accordance with specifications, permanent repairs made to the surfacing and that portion opened to traffic before the pavement is cut for the next section. 2. CONSTRUCTION REQUIREMENTS: Unless otherwise authorized, pipes and conduits shall be installed in a manner to provide a minimum clearance of 42- inches between the top of pipe and surface. P.C.C. pavement shall be scored to a depth of 1i inches by means of a concrete saw to provide a neat and straight pavement break along both sides of trench; also, provide an unfractured pavement joint and rigid bonding of pavement replacement patch. A.C. pavement shall be scored as required above for P.C.C. pavement except where in the opinion of the State Inspector the pavement has been cut neat and straight along both sides of trench to provide an unfractured and level pavement joint for bonding existing pavement and replacement patch. 7 -MP -13 JUL 74 Rev (over) pepairs to P.C.C. pavemee shah be made within wox ng days of completion' E oc' backfill and shall be made of Portland Cement Concrete containing a minimum of 7 sacks of cement per cubic yard. Replacement of P.C.C. pavement shall equal existing pavement thickness. The concrete shall be satisfactorily cured and protected from disturbance for not less than 48 hours. High early cement may be required at the discretion of the Dept. of Transportation repre- sentative. Repairs to A.C. pavements shall be made within 5 working days of completion of backfill and shall be made with asphaltic concrete meeting State speci- fications, with every effort made to match the existing pavement as to color and surface texture. Replacement of A.C. pavement shall equal existing pavement thickness but not less than 3 ". Rock base shall be required. Structural backfill within the existing, or proposed roadbed area shall be com- pacted in horizontal layers not exceeding 8" .in thickness using approved hand, pneumatic or mechanical type tampers to obtain a "relative compaction" of 95 percent using California Test Method 21.6F. Structural backfill outside of slope lines and not beneath any roadbed shall. be compacted to a relative compaction of 90 %. Backfill material shall have a. "Sand Equivalent" value of not less than 20 as determined by the California Test Method 217F, if the excavation falls within the existing or proposed roadbed. Consolidation by ponding and jetting will permitted when, as determined by the engineer, the backfill mate- rial is of such character that it will be self - draining when compacted, and the foundation materials will not soften or be otherwise damaged by the applied water and no damage from hydrostatic pressure will result. Ponding and jetting of the upper 4' below finished grade 1:3 not permitted. When pnaing and jetting s permitted, ma er a or use as struc u— ra=ackfill shall be placed and compacted in layers not exceeding 4' in thickness. Ponding and jetting •T�. methods shall be supplemented by the use of vibratory or other compaction equip- ment when necessary to obtain the required compaction. By accepting this permit, the Permittee agrees to pay all laboratory costs in conection with the necessary tests which may be required by the Dept. of Trans- portation engineer to determine the sand equivalent value of the backfill material or the trench backfill compaction. It is further understood that the frequency of such tests shall not exceed one test per 1500' of trench at elevations of not less than every 2' of backfill depth. Prior to starting the trench backfill, the Permittee shall make the necessary arrangements with the Dept. of Transportation or a private materials testing laboratory to conduct these tests. Repairs to asphalt shoulders shall be made with asphalt concrete to match the existing shoulder. Concrete sidewalks or curbs shall be cut to the nearest score marks and re- placed equal in dimensions to that removed with score marks matching existing score marks. When installation is to be made by boring or jacking under the traveled way, excavations on either side of the road shall be sufficiently distant from the edge of pavement to insure pavement stability and minimum obstruction to traffic as determined by the State's representative. If considered necessary by the State's representative, the Permittee shall at his expense, pressure grout from within the casing and /or from the top of pavement, the area between the pavement and the casing in order to fill any voids caused by the work as covered under this permit. Service connections must be installed at an angle of 90 degrees from the center line of the State highway which the main line traverses. r ILLUMINATED TRAFFIC CONES ATTACHED TO AND M..DE A PART OF PERMIT NO. 776 -U- 783957 Illuminated traffic cones shall conform to the following provisions: Illuminated traffic cones shall be furnished, placed and main- tained at the locations specified by the Department of Trans- portation's representative in the field at no expense to the State. Cones shall be made of highly pigmented, translucent, fluo- rescent, red - orange, polyvinyl chloride. The cones shall be a minimum of 28 inches high with a base at least 14 inches square. The cones shall be illuminated by setting each cone over an operating lighting unit placed directly on the pavement. The lighting unit shall consist of a 6 -volt, dry cell battery and a 3 -watt lamp. The battery shall be of sufficient capacity to operate the lamp at full brilliancy for a minimum of 8 hours anc shall be provided with a polarized receptacle on top which will accommodate a lamp socket and lamp. Reflectorized tape with a pressure sensitive adhesive shall be placed over the top of the battery to reflect the light upward prior to insert- ing the lamp socket and lamp. The lighting unit shall be weatherproof and shall have maximum dimensions of 3" x 3" x 6 ". There shall be a minimum of two batteries in good working order for each cone at the job site at the start of each working night. Permittee shall replace batteries in the lighting units, when, in the opinion of tlse Inspector, the brilliancy of the lamps becomes inadequate. Illuminated traffic cones damaged from any cause during the progress of the work shall be immediately repaired or replaced by the permittee at his expense. All work shall conform to the "Manual of Warning Signs, Lights, and Devices For Use In Performance of Work Upon Highways ". 7 MP -618 Sept 73 Rev AM 0 0 SPECIAL CONDITIONS FOR BORING OPERATIONS TO BE ATTACHED TO AND MADE A PART OF PERMIT NO. 776 -U- 783957 All boring operations shall be made without the use of water or air excepting that a minimum amount of water supplied from a container mounted on operator's equipment may be used for bit lubrication only, if approved by and used in the presence of a Division of Highways' representative. If considered necessary by the Division of Highways' representative, the Permittee shall, at his expense, pressure grout from within the casing and /or from the top of pavement, the area between the pavement and the casing, in order to fill any voids caused by the work as covered under this permit. Rev 8 -24 -72 a "The permittee for himself, his personal representatives, successors in interest and assigns, as part of the con- sideration hereof, does hereby covenant and agree (1) that no person on the ground of race, color or national origin shall be excluded from participation in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that the permittee shall use the premises in compliance with all other require- ments imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Trans- portation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended." 11 That in the breach of any of the above non - discrimination covenants, the State of California, shall have the right to terminate the permit and to re -enter and repossess said land and the facilities thereon, and hold the same as if said permit had never been made or issued." ' • FORM OHM.P.4 iREV Vgpi • BOND No. • I PERMIT No.._ -_ LOCATION .. ._ _.. -_ -_ -- EFFECTIVE DATE_ .._. DIST. CO. RT. P.M. BOND [Highway Encroachment Permit] Know All Men by These Presents: i WHEREAS, The hereinafter named principal has made or will make application to the DErAIITMENT of THANSronTATION, of the State of California, for the issuance of a permit —, in accordance with and subject to the provisions of Article 2, Chapter 3, Division 1 of the Streets and hIighways Code, as amended; for construction of the following described improvements: and WHEREAS, said applicant may apply for and said Department of Transportation, of the State of California, map grant a renewal of said permit, and WHEREAS, said Department of Transportation, acting by and through its duly authorized officers, has determined and required that said applicant shall file a bond to the people of the State of California conditioned for the proper compliance with the requirements of said legislative act and the regulations thereunder of said Department of Transportation, and precedent to the taking effect of such permit.in the penal sum of_ - - --- - - - -- — - -- - -- Dollars ($_.— ___ -- - - - - -- -). Now, THEREFORE, The undersigned principal and —.- it corporation organized and existing under the laws of the State of. —_— __.___ —, and authorized to transact business in the State of California, as surety, are held and firmly bound in the whole sum __Dollars ($__. ... —. ), lawful money of the United States of America, unto the people of the State of California, hereinafter designated as the obligee herein, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the said principal, his, their, or its heirs, executors, adminis- trators, successors, and assigns shall properly comply with the requirements of said Act of the Legislature of the State of California, hereinbefore referred to, and of the terms and conditions of said permit_, and any renewal thereof issued by said Department of Transportation, and shall indemnify and save harmless the above obligees, and each of them, from any and all claims, suits, action or actions of every name, kind and description, brought for or on account of any damage or injury to the State highway, or any part thereof, or to any real or personal property, or to any person or persons whomsoever, occasioned by or arising out of any failure of the principal to comply with any of his or its obligations under any such permit or permits, and shall properly safeguard said work and the State highway and all bridges and other structures thereon, and shall bear the entire expense of replacing the highway and every part thereof in as good condition as before, then this obligation to be void; otherwise to be in full force and effect. This bond is effective from the date hereof and shall cover any act or omission of the principal under the permit and renewals thereof. Unless otherwise stated herein, this bond may be canceled upon 30 days written notice received by the Department of Transportation of the State of California from the surety, providing the above bounden principal has not commenced performance of the work specified to be performed prior to said 30 days. IN WrrNESS WHEREOF, We have hereby set our hand and seal dal' 19. _ - - -- — _ --- .____ -- PRINCIPAL AND APPLICANT SURETY BUSINESS ADDRESS BUSINESS ADDRESS Ry-- --. - -- - - - -' -- ATTORNEY IN FACT ENGINEERS • CONTRACTORS • WITON CONSTRUCTION COMPANY, INC. 2901 W, VALLEY BLVD. • SUITED • ALHAMBRA. CALIFORNIA 91803 PHONE: 2829129 February 41 1977 City of Newport Beach 3300 W. Newport Blvd. Newport Beach, California 92663 Attention: Mr. Eldon Davidson Project Engineer Subject: 12 -Inch Water Main Connection at Pacific Coast Highway and Newport Boulevard (C -1710) Dear Mr. Davidson: Enclosed the following executed documents for the subject project. 16 Contract documents (4 copies) City's Certificate of Insurance forms Workmen's Compensation Insurance Certificate We also submit the following certification SURVEYORS " I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workmen's Compensation or to undertake self - insurance before commencing; any of the work" Very truly yours, WITON CONSTRUCTION CO., INC. Ted K. Pendleton President TKP:mp Encl: NEVJ70RT EACH, `\i Z, j,, CALIF. W&CASUALTY ® The Mine Casualty and Surety Company ❑ The Standard Fire Insurance Company Hartford, Connecticut To City of Newport Beach Date 1 -24 -77 Public Works Department 3300 West Newport Boulevard Newport Beach, Ca 92663 Gentlemen: This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by 0, as follows: Name of Insured Witon Construction Co., Inc. Covering 12 -Inch Water Main Connection at Pacific Coast Highway and Newport Boulevard (C -1710) KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION Each Person Each Occurrence Aggregate Workmen's Compensation N 33Gx955701cP 9 -30 -76 9 -30 -77 Manufacturers' & Contractors Bodily Injury Liability , -" $ .000 Property Damage Liability $ ,000 $ 000 Owners' or Contractors' Protective - - Bodily Injury Liability .� $ OOD Property Damage Liability $ ,000 $ ,000 Comprehensive Automobile t Bodily Injury Liability $ 000 $ OQO pae s� Property Damage Liability =-_ $ .�' Comprehensive General Bodily Injury Liability , _ $ 1000 $ '000 $ .000 $ 000 Property Damage Liability _ Bodily Injury Liability $ ,000 $ ,000 $ 000 Property Damage Liability $ ,000 $ ,Ogtf 1n event a cancellation, or material change, 30 days, by registered mail written notice will be given to the party to whom this certificate is addressed. (CC-5190) 1 -73 By AuMWzed Represent CAT. 273562 PRINTED IN U.S.A. i • LIFEBCASUALTY / r i ,0 s ® The /Etna Casualty and Surety Company ❑ The Standard Fire insurance Company Hartford, Connecticut TO Uty of Newport Beach Date 1- 24-77 Publia Werra Department 3300 West Newport Boulevard Newport Bsaoli, Ca 923 Gentlemen: This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by I9, as follows: Name of Insured Wit= ColastruoUon Co, v Imo. Covering 12-Mwh Water Nola Comiectfon at Pmific Coast RL&bamy anti Hmfissard (C-1720) LIMITS OF LIABILITY KIND OF INSURANCE Each Person Each Occurrence Aggregate POLICY NO. EFFECTIVE EXPIRATION Workmen's Compensation`s 33CB'g55701CP ��� �� Manufacturers' & Contractors' Bodily Injury Liability = $ 000 Property Damage Liability g 000 $ 000 Owners' or Contractors' Protective Bodily Injury Liability $ 000,' Property Damage Liability % $ 000 $ 000 Comprehensive Automobile Bodily Injury Liability $ 000 $ OQO Property Damage Liability .. - $ 000 Comprehensive General Bodily Injury Liability $ 000 $ 000 Property Damage Liability $ OOp $ Bodily Injury Liability $ ,000 $ ,000 $ ,000 Property Damage Liability e `� , . >` $ .000 $ .000 In event of cancellation, or material change* 30 days, by registl written notice will be given to the party to whom this certificate is addressed. By (CC -5194-1) 1 -7e Auttorized LIFE &CASUALTY 19 The )Etna Casualty and Surety Company ❑ The Standard Fire insurance Company Hartford, Connecticut To Citr 4C ftvpwt sessilit Date' I-A-77 Pdau k0as D%Wft" "Do most WftqW% sawtownd Savoirt 11106011h. C& 9063 Gentlemen: This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by 9, as follows: Name of Insured ll$M CUMMV%94V#ti" C'*"* 'We Covering ftba Naft plauLfte 000A WON* slid LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION Fach KIND OF INSURANCE son Each Occurrence Aggregate men Com nsation zl or me e Manufacturers' & Contractors' Bodily Injury Liability '000 Property Damage Liability $ .000 $ �7777777777777777 '000 Owners' or Contractors ...... Protective . . .. Bodily Injury Liability !'7 'In Property Damage Liability $ 000 $ '000 Comprehensive Automobile Bodily Injury Liability $ 000 $ Property Damage Liability $ Comprehensive General Bodily Injury Liability $ .000 $ 000 Property Damage Liability 4 .000 $ 000 ' Bodily injury Liability '000 $ '000 $ '000 Property Damage Liability $ .000 In event of cancellation, 4W astwial 0WA1109 30 406s W X44'sil"Vol Rau written notice will be given to the party to whom this certificate is addressed. By 4wized Repr&Wtgfive (CC-51941) 1-73 I os LIFE &CASUALTY B The /Etna Casualty and Surety Company ❑ The Standard Fire Insurance Company Hartford, Connecticut To Citi' at 111 9 Date 1 -211^'77 f wafts t ftemilla t& W63 Gentlemen: This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by 0, as follows: Name of Insured iitUO 00"Wearillm C0.0 Mae. Covering .i%S:i* 'Wettwr x4 ft 0alwousia at F+ttain* a" N"osvt (C—I?W) KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION Each Person Each Occurrence A agate Workmen's Compensation sue. Manufacturers' & Contractors' Bodily Injury Liability $ 001) n YFU".c`wpPwlt iY �• Property Damage Liability '.t'�rr,a+�p- $ .000 $ OOD Owners' or Contractors' Protective Bodily Injury Liability y.w $ 1000 �',.. _ Property Damage Liability ��o- $ .000 $ ,000 Comprehensive Automobile Bodily Injury Liability $ (X)(1 $ 0Q0 i ¢' $ .000 Property Damage Liability Comprehensive General Bodily Injury Liability _ $ .000 $ ,ODD Property Damage Liability $ .000 $ 000 Bodily Injury Liability $ .ODD $ .000 $ .000 Property Damage Liability Is $ .000 .000 i In event of eancetlaticn, or 0611OW14 attiapill+ 30 4sM Ill apt written notice will be given to the party JJ to wham this certificate is addressed.� d (CC-5194-1) 1 -73 !F4111 or R CITY OF NEWPORT BEACH ' 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. C -1710 MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE Project Description: 12 -Inch Water Main Connection at Pacific Coast Highway and Newport Boulevard (C-1710) This is to certify that has issued to The Aetna Casualty and ce 2901 W. Valley B1vu:ameSt4teItgured) Alhambra, Ca 91803 (Address of Insured the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. 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: Clifford D. Cooper Address of Agency or Broker: 1151 E1 Centro St., South Pasadena, California 91030 Telephone No. Countersigned re aal) ve ual Effective date of this endorsement: January 24, , 19 77 , Endorsement No. olicy Term Limits of Liability Each Occurrence (Minimum: Aggregate (Minimum: Covera a lic No $500,000) $ 500,000 Protecti $1,000,000 Products $ 500,000 Contract HOW C MPLETE INFOR TION BELOW Policy No. COMPREHENSIVE LIAB. Combined Single From: 9 -30-76 $ 500,000 Protecti Limit Bodily Injury or Property Damage 33AB20805 To: 9 -30 -77 $500,000.00 $ rnn non Products $Contract Excess Indemnity a 33BS1869W rrom 9_3o_76 To 1,000,000 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: Clifford D. Cooper Address of Agency or Broker: 1151 E1 Centro St., South Pasadena, California 91030 Telephone No. Countersigned re aal) ve ual Effective date of this endorsement: January 24, , 19 77 , Endorsement No. CITY OF NEWPORT BEACH • 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. C-1 10 MODIFICATIONS TO THIS CERTIFICATE ARE NOT CCEP BLE Project Description: 12 -Inch Water Main Connection at Pacific Coast Hi! This is to certify that the The Aetna Casualty and has issued to 2901 W. Valley BlvU Alhambra, Ca 91803 (Address of Insu 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: Clifford D. Cooper Address of Agency or Broker: 1151 E1 Centro St., South Pasadena, California 91030 Telephone No Countersigne fe ial ) ✓e aal Effective date of this endorsement: January 24, , 1977 , Endorsement No. o icy Term Limits of Liabilit Each Occurrence (Minimum: Aggregate (Minimum: Covera a lic No. $500,000) $ 500,000 Protecti, $1,000,000 Products $ 500,000 Contracts HOW C \` MPLETE INFOR TION BELOW Policy No. COMPREHENSIVE LIAB. Combined Single From: =- Z-76 $ 500,000 Protecti Limit Bodily Injury or Property Damage To: )-70-77 $5o0,000.00 $ $_Contract Excess Indemnity '<.j:SluG :. From 9 -,a -7 o- ,;1,000,000 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: Clifford D. Cooper Address of Agency or Broker: 1151 E1 Centro St., South Pasadena, California 91030 Telephone No Countersigne fe ial ) ✓e aal Effective date of this endorsement: January 24, , 1977 , Endorsement No. • CITY OF NEWPORT BEACH • CERTIFICATI. 01 INSURANCE. [OR 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. C -1710 MODIFICATIONS TO THIS CERTIFICATE ARE NOT XC CEPTABLE Project Description: 12-inch Water Main Connection at Pacific Coast Highway a= Newport Boulava"9d (e__M0) This is to certify that the The Aetna Casualty and Surety CopPany Name of Insurance Company has issued to Witon Construction Co•e Inc. 2901 W. Valley B1 :,r . Tislyred Alhambra. Ca 91803 ddress of Insured the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. 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: Clifford D. Cooper Address of Agency or Broker: 3.151 E1 Centro St., South Pasadena, California 91030 Telephone No. Countersigned re ial) ve ual Effective date of this endorsement: January 24, , 19 77 , Endorsement No. olicy Term Limits of Liability Each Occurrence (Minimum: Aggregate (Minimum: Covera a lic No. $500,000) $ 500,000 Protecti, $1,000,000 Products $ 500,000 Contract, HOW C ` MPLETE INFORIATION BELOW Policy No. COMPREHENSIVE LIAB. Combined Single From: 9 -30-7 $ 50010W Protecti Limit Bodily Injury or Property Damage 33AOL305GN1 To: 9 -30-77 $:00 ,000.00 $ SOO.000 Products $ 500.2C0 Contract Exeess I13trffitY ,,iL n ;yi .ram 9 -70 -76 To 9- - ;:1,000,000 Each Occurrence : -1 000 OJ0 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: Clifford D. Cooper Address of Agency or Broker: 3.151 E1 Centro St., South Pasadena, California 91030 Telephone No. Countersigned re ial) ve ual Effective date of this endorsement: January 24, , 19 77 , Endorsement No. • CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE AC( .IT TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT N0. MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE Project Description: •. 12 -Inch Water Main Connection at Pacific Coast Hii This is to certify that the The Aetna Casualty and Surety Co)npany (Name of Insurance Company) has issued to Witon Construction Co. Inc. 2901 W. Valley Bl amof�Ir�sured Alhambra, ca 91803 (Address of nsure 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 carrigd by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. Covera a XXXX 0 o cy Term Limits of Liabi it Each 6ccurrence (Minimum: Aggregate (Minimum: $500,000) $ 500,000 Protecti, $1,000,000 Products $ 500,000 Contract i C MPLETE INFO TION BELOW Policy No. COMPREHENSIVE LIAB. Combined Single, Limit Bodily Injury or Property Damage 9+7a►i�► From: 903DW77 To: SONGO0900 $ ;pq.000- $ Protecti $— Products $Contract h=*as Iasiswdljc � "_ �► '' .iii Each Occurrence i�irOr��GGGi 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. 9. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: Clifford D. Cooper Address of Agency or Broker: 1151 E1 Centro St., South Pasadena, California 91030 Telephone No Countersigned to ial) ve ual Effective date of this endorsement January 24, , 19 77 , Endorsement No. 1 i1 +.t w c. } i' f i U7 2 n c. I mn , :fz� ma ri C L a a om N � 0 � 0 D o T 0 n O L 7 im u v v, b t 3 O CuW V v-4; rl J O Z n b i � I 0 � muo n RIRIR01 n mn , :fz� ma ri C L a a om N � 0 � 0 D o T 0 n O L 7 im u v v, b t 3 O CuW V v-4; rl J O Z n b i � I 0 } CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Approved by toe City Council this 20 day Of December 1976. '07'L, 41 s George, CONTRACT DOCUMENTS FOR 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD CONTRACT NO. 1710 Submitted by: .- - 2g6l W. VAW.A :-,r 8w0 4L, raw- Address 4s! a! �.,� Ox C.0, 911863 City Zip $L- cl l Telephone w23 ?84,00 Total Bid Price 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 7 day of January 1977 , at which time they will be opened and read, for performing work as follows: 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD CONTRACT NO. 1710 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 to 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 (1976 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 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 Category of at least Class X 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. 8950 adopted December 13, 1976. 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 contractor shall be responsible for com- pliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -14 -76 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. ZSII�,o4 Classification ,A Accompanying this proposal i , Certified ChecK, Cashier'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 ofAhis contract. _ 21 -L- C a Phone Number Date I WILP09,1AW—M 0a 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: PQJMI prom — '5VC&C §" V ENGINEERS � CONTRACTORS WITON CONSTRUCTION COMPANY, INC. 2901 W. VALLEY BLVD. • SUITE P - ALHAMBRA, CALIFORNIA 91803 PHONE: 282.9129 January 7, 1977 City of Newport Beach 3300 Newport Blvd. Yewport Peach, CR11"ornia Attention: Eldon Davidson Subject: 12" Water Mpi.n Connection Contract 1710 Gentlemen: Attached hereto please find a copy of our Balance Sheet for September 30, 1976. SURVEYORS Wa submitt the followin professional efficiency references: City of Signal Hill Ohio Avenue Water Main Improvements $27,700.00 City of Long Beach Harbor Department Ships Service ?dater Line ND —S1214 $58,900.00 Water Services to Pier A East HD -91149 $32,900.00 City of Buena Park a?� Water Conversion Project $12,500.00 Our sub — contractor for the Boring will be: Blake Williams Road Boring Post Office T30x 327 Seal Beach, California 90740 Should you require any additional informnt.ion please call our office. Very truly yours, WITON CONSTRUCTION CO., INC. Ted K. Pendleton, President Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 „ • 1 V ��.� �i I cxy.ac� o'J Type of Organization (Individual, Co- partnership or Corp.) 2y61 Ki. yA l &,jQ -UITc D ��rr. d . BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we Page 4 as Principal, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, i 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 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 day of 19 Corporate Seal (If Corporation) (Attach acknowled ement of Attorney -in -Fact By Title Surety pa 79 40 766 saw A STOCK COMPANY - ESTABLISHSO 1800 i1 .yMYIde®8i1 C® pmy HOME OFFICE 0 MARYLAND BALTIM ORC BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, --- --- -------------------- WITON CONSTRUCTION COMPANY,_ INC' - - - - - - - - - - ------------------------------------------------ ---------------------------------------------- as Principal, (hereinafter called the "Principal'), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety "), are held and firmly bound unto CITY OF NEWPORT BEACH ----------------------- -----------------...-----.._....--------------------------`------......----------------- --- -----._...--------------._.. --- ---- --- -- ------ ------------------------------------------------ --- ------------ ----- --- ----as Obligee, (hereinafter called the "Obligee "), i Ten percent (10 %) of the amount of the attached bi in the sum of-Ten ------ . ............... .._...---- -- ---- -----------.....- --- ---- -- o7Tars (E- -- --- -- --.. for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ........................._......_..._._......-........_._..._.... __._...- .- .---------- ..-- - - - - -_ 12" Water Main Connection Contract 1710 ------------------------------------------------'----- - ---- --------- ------ --- ----- --- ---- ----- ----- ----- - ------------- ------ -------------------------------------------------- ...... .............------------------------------------'---------------------------------------...-------------'--- ------ ---- --- -- ------ --- --- - -- ................. --------------- -- NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be. specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this------- - - - --- 7th--- -------- --------------- -------- -day of. --- January. A.D. 19- .77-.. WITON CONSTRUCTION COMPANY, INC. --------- . ----------- ----------------------------------------------------------- . (SEAL) Principal - ----- ----- --- --- ---- --- -- --- - -- -----------------------'--------------------------- Witness BY: itle FIDELITY AND DEPOSIT COMPANY OF MARYLAND l Surety (SEAL) ....................................._...- .- .._._..-`---..........._.._. .................... B _ ___ �/ ..._....... -_ _____ _ SEAL Y -D. Cl d Coo er Premium included in Witness P Title Attorney -in Fact Bid Bond Undertaking C325d -100M, &74 196240 Approved by The American Institute of Architects. A.I.A. Document No. A -310 February 1970 Edition. ° Ow j x 0 o Z Z m O i Oy 0 00 ) x U GG66 y W 30 37VH39 NO ,PQ u u o t W a oi o. 11 STATE OF CALIFORNIA SS: - -------- --------- - - - - -- COUNTY OF LOS ANGELES On --- .--------- January y 1977 -, before me, the undersigned, a Notary Public of said county and state, personally appeared.- . .... - -- ._Clifford D. Cooper - ------------------------- ------ ------------------I--- ---- ---- ------- ------ ---- -------- known to me to be the Attorney -in -Fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. >. OFFICIAL SEAL GEORGIA J. TIEK m NOTARY PUBLIC -CAL PORNIA LOS ANGELES COUNTY My Commission Expires "nv. 1. 1977 1151 EI Centro St., South Paudena, CA.J tit.R Gear J. �Siek Notary Public • Power of Attorney • FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by JOHN C. GARDNER , Vice- President, and C. M. PECOT, JR. Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "The President, or any one of the Executive Vice- Presidents, or any one of the additional Vice - Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Resident Assistant Secretaries, and Attorneys - in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also ali other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Clifford D. Cooper of South Pasadena, California,,, tM-fF­U_e and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: I. Bonds and undertakings for faithful performance of duty to be filed in any Court of any State of the United States, or in any United States Court, each in a penalty not to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) as follows: For ad- ministrators and executors; committees for incompetent persons; conservators; commissioners; guardians; referees and trustees for the sale of property; receivers and trustees in bankruptcy proceedings; receivers in equity; trustees under will; persons and corpora- tions exercising powers of sale in deeds, mortgages, and other written instruments covering property located in any state of the United States, EXCEPT ASSIGNMENTS FOR BENEFIT OF CREDITORS. H. Bonds and undertakings to be filed in any Court as aforesaid, each in a penalty not to exceed the sum of SEVENTY -FIVE HUNDRED DOLLARS ($7,500) as follows: For the payment of costs; for petitioning creditors; for plaintiffs in attachment, garnishment, sequestration and replevin suits; for removal of suits from State to Federal Courts. I I I. Bonds each in a penalty not to exceed the sum of TEN THOUSAND DOLLARS ($10,000) required of State, County,Township or Municipal Officials, of any State of the United States, whether elected or appointed, except those for Treasurers, Deputy Treas- urers, Tax Collectors, Deputy Tax Collectors, Sheriffs, Deputy Sheriffs, Police Constables and Justices of Peace. IV. Bonds for Notaries Public required by the Laws of any State of the United States, each in a penalty not to exceed the sum of FIVE THOUSAND DOLLARS ($5,000). V. License bonds, each in a penalty not to exceed the sum of TEN THOUSAND DOLLARS ($10,000) required by the Statute of any State of the United States or by Ordinance of any Municipality in any State. VI. Bid, Proposal and Final Bonds and undertakings guaranteeing contracts for the construction or erection of public or private buildings, improvements, and other works, and guaranteeing public and private contracts, for supplies; provided, however, that the aforementioned authority does not embrace any bond or under- taking guaranteeing a contract in excess of the sum of TWO HUNDRED THOUSAND DOLLARS ($ 200, 000) ................................ ............................... execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Maryland, in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the tiu Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ......... 3ril .......... day of.....ly ................. A.D. 19 -73.. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ( SIGNED) ----------- .................................. St --- kl _PE PTI .... JR,-- By.----.. ..... ................................ - ...... JOHN C GARDNER (SEAL) Assistant Secretary Vice- President STATE OF MARYLAND CITY OF BALTIMORE SS: On this 3rd day of July , A.D. 1973 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice - President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. (SIGNED) ... _._ ..... .._......._ .......... ......._._ ..._......STAIQih.4.ti...X -s... L.'Ybl!rA[ur (SEAL) Notary Public Commission Expires --- Jl11S!-_Z-,-- _]_9- 7.4 ...... , CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate is signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 7t ^c 7e..rn v 77 -------- ------ - - -- ------- -_---------- - - - - -- ...............day of ----------- _.._.._..-_.. ...�......... ............. ..... 19...... L1427 Ctf. 199300 Assistant Sec asy Page 5 NON- COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me thi s__,�day of JAAtXAPV , My commission expires: 11-1-7-7 ETW0 FTCTAL L Gr'0^GIA J. TIEK OTAkr PtAt;C CAt.;FORNIA l05 A;N3ELES COUN7Y CammissionExplres:Jov.1.19)) 1151 a vgfitm St, S'Wh FMMd.. ,, a& /r_ a r&44 otary Public w 0 (UNAUDITED) CURRENT ASSETS: Cash in bank and on hand Cash in savings and loan associations Construction contracts receivable Refund of Federal income taxes Prepaid expenses TOTAL CURRENT ASSETS LESS: CURRENT LIABILITIES: Accounts payable Payroll taxes withheld Accrued payroll fringe benefits Equipment contract payable Billings in excess of costs and estimated earnings on uncompleted contracts TOTAL CURRENT LIABILITIES NET WORKING CAPITAL ADD: OTHER ASSETS - automobiles and trucks, less depreciation of $4,036 and $5,886 - equipment, less depreciation of $530 and $492 - advance to Witon Co. (a co- partnership of major stock- holders) TOTAL NET ASSETS NET ASSETS ARE REPRESENTED BY: CAPITAL STOCK, $1.00 par value per share, 10,000 shares authorized and outstanding RETAINED EARNINGS (per accompanying statement) September 30, 1976 1975 $20,870 $ 5,895 1,114 3.945 4,966 46,788 - 1,431 410 410 $27,36 $ 9,239 $33,555 209 1,134 398 500 2,150 - 477 1 9 S35,b6� $15,364 $22,803 4,540 2,590 985 1,024 2,000 520.889 5288417 $10,000 $10,000 10,889 18,417 z�D 8,_8_ z8 41 ,,.t_ Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY Tne undersigned submits herewith a statement .0'.'his financial responsibility or agrees to submit a statement within 24 KO#'" after the bid opening if he is the apparent low bidder. 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. —igne 0 0 PR 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD CONTRACT NO. 1710 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the the Notice Inviting Bids, has examined the Plans (Drawing No. W- 5110 -5) and Provisions, and hereby proposes to furnish all materials and do all the work complete Contract No. 1710 in accordance with the Plans and Specifications, in full payment therefor the following unit prices for the work, complete in work, has read the Special required to and will take place, to wit: ITEM QUANTITY ITEM DESCRIPTION TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 1 1 Install approximately 55 linear feet of 24 -inch Lump Sum diameter jacked steel casing, 72 linear feet of 12 -inch diameter, Class 200, A.C.P., gates valves, and appurtenances as shown on the plans, complete and in place Tw Ea-r( Tw «a rtG -M,, 50.J0 "rwO @ HU.+e445a 61L-A+77 44..W Dollars and $ 23 Tick 00 Z. 1 Guard underground construction Lump Sum t @ �v_mw 144 a/ zwwD Dollars and wig Cents $ SoO • 00 Lump Sum TOTAL PRICE WRITTEN IN WORDS / 1NC,at-( INS li WS&J2 J&rJ �6wW" lE(tarjnf J4✓M Dollars ' and n1a Cents $ Z3 ?89. O0 Contractor's License No. - .91i-L.04 Date JA-W T, 19'1'7 WL-M" 1.n.1V&UG'T 0,J &)C. _ Bidder's Name Contractor's Address 2qa 1 1J. VA � i. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR 12 -INCH WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD 1976 -77 Item CONTRACT NO. 1710 Page I. Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Work Schedule and Completion of Work . . . . . . . . . . . . 1 III. Work within State Highway Right of Way . . . . . . . . . . . . 2 IV. Work and Storage Areas . . . . . . . . . . . . . . . . . . . . 2 V. Surface Runoff Water Control . . . . . . . . . . . . . . . . . 2 V.I. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VII. Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VIII. Construction Survey Staking . . . . . . . . . . . . . . . . . . 3 IX. Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X. Protection of Existing Utilities . . . . . . . . . . . . . . . 3 XI. Flow and Acceptance of Water . . . . . . . . . . . . . . . . . 3 XII. Guarding Underground Construction . . . . . . . . . . . . . . . 4 XIII. Disposal of Waste Material . . . . . . . . . . . . . . . . . . 4 XIV. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 XV. Liquidated Damages . . . . . . . . . . . . . . . . . . . . . . 5 XVI. Construction Details . . . . . . . . . . . . . . . . . . . . . 5 A. Surplus Material . . . . . . . . . . . . . . . . . . . 5 B. Jacked Steel Pipe Casing . . . . . . . . . . . . . . . . 5 C. Asbestos Cement Pressure Pipe . . . . . . . . . . . . . . . 5 D. Aggregate Base . . . . . . . . . . . . . . . . . . . . . . . 5 E. Asphalt Concrete . . . . . . . . . . . . . . . . . . . . . 5 i. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR 12 -INCH WATER MAIN CONNECTION AT PACIFIC�C -AST HIGHWAY AND NEWPORT BOULEVARD CONTRACT NO. 1710 0 SP of I. SCOPE OF WORK The work to be done under this contract consists of the installation of approx- imately 55' of 24 -inch jacked steel casing, 72 linear feet of 12 -inch diameter, Class 200, A.C.P., gate valves, and related appurtenances across Pacific Coast Highway easterly of the Arches Interchange. The contract requires the completion of all the work in accordance with (1) Special Provisions, (2) The Plans (Drawing No. W- 5110 -S), (3) the City's Standard Special Provisions and Drawings, (4) City of Newport Beach Standard Specifications and, where applicable, (5) the California Standard Specifications, January, 1975 and the California Standard Plans, January, 1975. The City's Standard Specifications are the Standard Specifications for Public Works Construction, 1976 Edition. Copies may be purchased from Building News, Inc., 3055 Overland Avenue, Los Ange.les,California 90034, Telephone (213) 870 -9871. Copies of the City's Standard Drawings and Special Provisions may be purchased from the Public Works Department at a cost of $5.00 If there is a conflict in methods of measurement between the City's Standard Specifications and the California Standard Specifications, the City's Standard Specifications shall take precedence. II. WORK SCHEDULE AND COMPLETION OF WORK Within 10 days after notification of award of contract, the contractor shall submit to the engineer for review and approval a detailed work schedule in accordance with Section 6 -1 of the Standard Specifications. Work on this con- tract shall not start until the contractor's schedule has been approved by the engineer. See Section III of these Special Provision for the work schedule and traffic control requirements for work within the State Highway right -of -way. The contractor shall complete all work on this contract within 45 consecutive calendar days after notification of award of contract or within 14 consecutive SP 2. of 5 ` calendar days after work is started on the project site, whichever occurs first. 1 III. WORK WITHIN STATE HIGHWAY RIGHT -OF -WAY This contract requires completion of all work within the State of California Department of Transportation Right -of -Way (State Highway 1 and Old Newport Boulevard) to be done in accordance with the requirements of State Encroachment Permit attached hereto. All work requiring traffic control or lane closures on State Highway 1 (Pacific Coast Highway) shall be done during the hours of 11:00 P.M. to 7:00 A.M. Special arrangements may have to be made for delivery and placement of materials (asphalt concrete, etc.) to insure that the work is completed within the above time require- ment. The contractor shall be responsible for payment of all charges imposed by the State of California Department of Transportation under Permit 776 -U- 783957 includ- ing but not limited to inspection cost and replacement of obliterated striping and pavement markings. IV. WORK AND STORAGE AREAS The contractor shall confine his operations to the area within the easement and the State Highway right -of -way unless he has written permission to enter and /or use the adjacent private property. In addition the easement and State right -of- way area may only be used while actually performing work. The contractor shall obtain an off -site location for storage of equipment, material and employee parking. It is the intent of the above requirements that the work site be cleared of all equipment, material and etc. during non - working times and that the traffic flow of Pacific Coast Highway is not disturbed. V. SURFACE RUNOFF WATER CONTROL Surface water containing mud, silt or other deleterious material from the project shall be treated by filtration or retention in a settling basin or basins, suffi- cient to prevent such waters from entering storm drains or the bay. The contractor shall submit a plan for implementing siltation control concurrently to the City and to the California Regional Water Quality Control Board, Santa Ana Region (6833 Indiana Avenue, Suite 1, Riverside, California 92506, Telephone (714) 684 -9330, Mr. John Zasadzinski), prior to commencing construction. Upon approval of the plan by the City and the Board, the contractor shall be responsible for the implementa- tion and maintenance of the control facilities. The contractor's attention is called to Subsection 7 -8.1 of the Standard Specifications as regards project site maintenance. SP3of5 VI. P_AYMENT 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 shall be made. VII. PERMITS In addition to the State Encroachment Permit, the City has obtained a permit to discharge waste water from the County Sanitation Districts of Orange County and a project permit from the South Coast Regional Coastal Zone Commission. VIII. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engineer. Staking shall be performed on all items ordinarily requiring grade and alignment 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. IX. 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 what- soever. Any such defects shall be repaired at the contractor's expense. X. PROTECTION OF EXISTING UTILITIES Known utilities are indicated on the plans. Prior to performing construction work, the contractor shall request each utility company to locate its facilities. Con- i struction of the water main will cause work to be performed near existing sewer, gas, water, storm drain, telephone and electrical lines. The contractor shall protect in place and be responsible for, at his own expense, any damage to utilities encountered during construction of the items shown on the plans. XI. FLOW AND ACCEPTANCE OF WATER It is anticipated that surface -water and ground -water or other waters may be encountered at various times and locations during the work herein contemplated. The contractor, by submitting a bid, acknowledges that he has investigated the risks arising from water and has prepared his bid accordingly. The contractor shall conduct his operations in such a manner that storm or other waters may pro- ceed uninterrupted along their existing street and drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged, or in the opinion of the engineer, are not subjected to the probability of damage. The contractor shall obtain written . SP4of5 permission from the property owner before any diversion of water outside the street right -of -way will be permitted by the engineer. All water removed from excavations utilizing existing County Sanitation District sewer lines as outfalls shall be pumped to a portable settling box of a size and configuration capable of removing suspended solids from the dewatering operation. The discharge nozzle from the box shall have a 22" standard fire hose connection. The discharge from the box shall be metered and placed into the nearest gravity sewer manhole. The discharge from the box will be periodically sampled by the Orange County Sanitation District No. 5. One standard fire hydrant meter will be furnished to the contractor and may be obtained from the City's Utility Division at 949 West 16th Street. All costs involved in the handling of surface -water and ground -water shall be included in the price bid for other items of work. XII. GUARDING UNDERGROUND CONSTRUCTION Trench excavation and backfill shall conform to Section 306 -1 of the Standard Specifications and these Special Provisions. Guarding - The walls and faces of all excavations over 5 -feet in depth shall be effectively guarded by a shoring system or other equivalent means. Trenches less than 5 feet 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 construction. 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. XIII. DISPOSAL OF WASTE MATERIAL Prior to dumping any spoil or waste material from the job site at any sanitary landfill site in the County of Orange, the contractor shall obtain a "Permit to Dispose of Demolition" from the City Public Works Department. There is no charge for this permit. XIV. WATER If the contractor desires to use available City water it shall be his responsi- bility to make arrangements for water purchases by contacting the City's Utilities j Superintendent, Mr. Tom Phillips, at (714) 640 -2221. SP5of5 XV. LIQUIDATED DAMAGES Liquidated damages shall be in accordance with Section 6 -9 if the contractor fails to complete the work within either of_ the time limits specified in Section II of these Special Provisions. _ XVI. CONSTRUCTION DETAILS A. Surplus Material All surplus material from the project shall become the property of the contractor and shall be disposed of away from the job site in a manner and at a location acceptable to all cognizant agencies. B. Jacked Steel Pipe Casing The jacked steel casing shall conform to the applicable provisions of Section 306 -2 of the Standard Specifications except as herein modified. The contractor will be permitted a tolerance on the jacked steel casing from exact grade or alignment of plus or minus 2- inches. If the hot tap to the existing main is made after the jacked steel casing is installed, the alignment tolerance can be up to 6- inches. The lump sum price bid shall include full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in constructing the jacked conduit complete in place, including all excava- tion, furnishing and installing conduit, including all work involved in jacking the conduit; and doing whatever else is appurtenant to jacking conduit within the limits shown on the plans. C. Asbestos Cement Pressure Pipe The asbestos cement pressure pipe shall conform to Section 207 -7 of the Standard Specifications. The pipe shall be Class 200. D. Aggregate Base Aggregate base shall be Class 2 conforming to the applicable provisions of Section 26 of the California Standard Specifications, January 1975. E. Asphalt Concrete Asphalt concrete shall be Type B conforming to the applicable provisions of Section 39 of the California Standard Specifications, January 1975. Aggregate grading requirements shall be 1/2" maximum (coarse or medium) as specified in Section 39 -202. n FORM bH.M -P302 (REV. sao • . PERMrr No...776!nUw7.7 -83957 DIST. CO. RT[. P.M. ORA 001 19.76 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UTILITIES ENCROACHMENT PERMIT To City of Newport Beach Public Works Dept. - _ -_ -__. LOS._ADgeles_.- _ - - - -_> California 3300 W. Newport Blvd. Newport Beach, CA 92663 Dated ---- ------ July- 21, -- ------ 19.1j5_ Permittee I. Subject first to the applicable law, and second, to the terms and conditions Relating to Utility Encroachments issued by the State of California, Department of Transportation, which by this reference is made a part hereof, permission is hereby given to jack 65' of 24" diameter steel casing and install 12" diameter water main and pothole on Coast Highway, City of Newport Beach, ORA -1- 19.76, as shown on the attached plan W- 5110 -S. In the event ground water or sand is encountered, said jacking opera- tion shall continue on a 24 -hour per day basis until the entire length of casing has been installed. The ends of the casing shall be sealed with 811 PCC plugs. The pothole #1 and the tie -in to the existing 24" water main shall be performed between the hours of 7 P.M. and 6 A,M., Monday through Thursday only, during which time the #2 southbound lane on Coast Highway and the connector ramp between northbound 55 Freeway to southbound Coast Highway shall be closed to traffic with the use of lighted cones and illuminated signs. Backfill material shall have a minimum sand equivalent of 20 and shall be compacted to a minimum of 95% relative compaction. Permittee shall secure permission from the adjacent property owner to locate a portion of the jacking pit on his parking lot. State forces shall replace all obliterated striping and pavement markings at the Permittee's expense. in accordance with your attached Plan No.____. _- _ _ __ __..__ ( CONTINUED) 2. This Permit has been issued by the Department pursuant to: Complete t ( ) Your Application of.. - --- -- - -- - - ----- Mai -- - ---- - -- - - - -- - , 1976-- - Proper ( ) Utility Notice No. ___...... __...of __... .... ................. - 1 ... ___ .... ..- 119 ......... Line ( ) Agreement No ................... of ....... _._.. 19 ......... 3. This Permit applies only to the work specifically authorized above. 4. Inspection required by Division —Full (X ) Partial ( ) 5. This Permit shall be void unless the work hereinabove provided for shall have been completed before _October-- 21. -_, -- 19.16.., unless time extension granted by separate Rider. DISTRIBUTION: 2 White to Pennittee DEPARTMENT of TRANSPORTATION 1 White to Mice. Superintendent LONG BEACH 1 Pink to Headquarters Mtce. SIGN SHOP 1 Blue to Dist. Utility Engineer HUNTINGTON BEACH ..._ - - -- ----- - -_ - $. !' L . 1 Yellow to file JWC: mfk Mtnc D(rect o 1 Green to, ----- - TERUZZI -- --- -. - - -- - --- _-------- ------------- ._.__. By ...... - - - - - - W.__CLARK R. JORDAN t" °`�5: RAYMOND -Info c3 l9 y Ass D-Wrkt Permih Engineer ORA Attn: SANNITA s o the incorporated Terms and Conditions maybe obtained upon request. csr. • >.,. u >,.- coo. - >. wM ur> Aw car .I 13 City of Newport Beach -2- 776 -U- 783957 The successful bidder shall post a $2,000.00 Lwo -year bond and submit an application to construct the work covered under this permit. Permittee shall arrange for a pre - construction meeting at the job site with the State Representative and all other interested persons to dis- cuss general work requirements, at least 7 days in advance of starting work. j This permit shall be kept at the site of the work and must be shown to any representative of the Grantor or law enforcement officer on demand. The attached SUBSTRUCTURES, ILLUMINATED TRAFFIC CONES and BORE sheets are part of this permit. STATE OF CALIFORNIA . ORA- 001 -19.76 DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT RIDER C OH -M -P 2E (REV. 1/74) TO BE ATTACHED TO AND MADE A PART OF ENCROACHMENT PERMIT NO. 776 —U- 783957 LOCATION To Coast Hwy., City of Newport Beach City of Newport Beach Public Works Dept, 3300 W. Newport Blvd. Newport Beach, CA 92663 °'� RE6EIVEDY' -1 PYRIIC WDRKS SEp21197 v C17 OF s 2 NEWPORT DEACH, CALIF. L J =. COMPLYING WITH YOUR REQUEST OF September 8, 1976 WE ARE HEREBY AMENDING THE ABOVE NUMBERED PERMIT AS FOLLOWS: Date of completion extended to March 1. 1977 EXCEPT AS AMENDED, ALL OTHER ITEMS AND PROVISIONS OF THE ORIGINAL PERMIT SHALL REMAIN IN EFFECT. THIS RIDER MUST BE ATTACHED TO THE ORIGINAL PERMIT. DISTRIBUTION: DATE LOCATION September 1 6 ;as Angralas LBCH HM MEDINA SIGN SHOP DISTRICT PERMIT 4NJ31N HO ED REPRESENTATIVE JORDAN RAYMOND -Info SUMPTER ORA CO. 3ANIT- Assist. District Permi AS:js MAINTENANCE • SPECIAL TERMS AND CONDITIONS D SUBSTRUCTURES TO BE ATTACHED AND MADE A PART OF ENCROACHMENT PERMIT NO. 776 -U- 783957 A. Inspection Requirements 1. It is imperative that the Permittee notify the State Inspector at least 48 hours prior to starting any work under this permit. State Inspector Mr. D. Peruzzi Phone 714 -639 -6851 between I . A or if no answer phone between :00 AM and :00 PM. 2. All inspection costs incurred incidental to this work shall be borne by the Permittee unless otherwise specified on the face of the permit. 3. All work shall be performed on weekdays during the normal working hours (7:30/4:00) of the Dept. of Transportation's inspector unless other times are specifically authorized. B. Specifications Unless otherwise detailed and authorized on the face of this permit, all work shall be done in accordance with the Dept, of Transportation Standard Speci- fications dated January 1973 to the satisfaction of the State representative and the following special provisions: 1. SAFETY AND TRAFFIC CONTROL: A minimum oLSEE PERMIT lanes shall be provided for traffic in each direction. In addition, minimum clearance of two feet adjacent to any surface obstruction and a five -foot clearance between the excavation and the traveled way shall be maintained. Provision shall be made for barricades, lights, and flagmen to adequately protect the traveling public during construction operations in accordance with the "Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways ". When necessary for public safety, flagmen shall be on duty twenty -four hours a day at no expense to the State. When the permit authorizes installation by the open -cut method, not more than one lane of the highway pavement shall be open -cut at any one time. After the pipe is placed in the open section, the trench is to be backfilled in accordance with specifications, permanent repairs made to the surfacing and that portion opened to traffic before the pavement is cut for the next section. 2. CONSTRUCTION REQUIREMENTS: Unless otherwise authorized, pipes and conduits shall be installed in a manner to provide a minimum clearance of 42- inches between the top of pipe and surface. P.C.C. pavement shall be scored to a depth of 11 inches by means of a concrete saw to provide a neat and straight pavement break along both sides of trench; also, provide an unfractured pavement joint and rigid bonding of pavement replacement patch. A.C. pavement shall be scored as required above for P.C.C. pavement except where in the opinion of the State Inspector the pavement has been cut neat and straight along both sides of trench to provide an unfractured and level pavement joint for bonding existing pavement and replacement patch. 7 -MP -13 JUL 74 Rev (over) Repairs to P.C.C. pavemefshall be made: within j worag days of completion E of backfill and shall be made of Portland Cement Concrete containing a minimum of 7 sacks of cement per cubic yard. Replacement of P.C.C. pavement shall equal existing pavement thickness. The concrete shall be satisfactorily cured and protected from disturbance for not less than 48 hours, High early cement may be required at the discretion of the Dept. of Transportation repre- sentative. Repairs to A.C. pavements shall be made within 5 working days of completion of backfill and shall be made with asphaltic concrete meeting State speci- fications, with every effort made to match the existing pavement as to color and surface texture. Replacement of A.C. pavement shall equal existing pavement thickness but not less than 3 ". Rock base shall be required. Structural backfill within the existing or proposed roadbed area shall be com- pacted in horizontal layers not exceeding 8" in thickness using approved hand, pneumatic or mechanical type tampers to obtain a "relative compaction" of 95 percent using California Test Method 216F. Structural backfill outside of slope lines and not beneath any roadbed shall be compacted to a relative compaction of 90%. Backfill material shall have a "Sand Equivalent" value of not less than 20 as determined by the California Test Method 217F, if the excavation falls within the existing or proposed roadbed. Consolidation by ponding and jetting will permitted when, as determined by the engineer, the backfill mate- rial is of such character that it will be self- draining when compacted, and the foundation materials will not soften or be otherwise damaged by the applied water and no damage from hydrostatic pressure will result. Ponding and jetting of the u per 4' below finished grade is not permitted. When po—ndc ng an Te7ring Is permirred, material ror use as s ruc u=ackfill shall be placed and compacted in layers not exceeding 4' in thickness. Ponding and jetting xt. methods shall be supplemented by the use of vibratory or other compaction equip- ment when necessary to obtain the required compaction. By accepting this permit, the Permittee agrees to pay all laboratory costs in conection with the necessary tests which may be required by the Dept. of Trans- portation engineer to determine the sand equivalent value of the backfill material or the trench backfill compaction. It is further understood that the frequency of such tests shall not exceed one test per 1500' of trench at elevations of not less than every 2' of backfill depth. Prior to starting the trench backfill, the Permittee shall make the necessary arrangements with the Dept. of Transportation or a private materials testing laboratory to conduct these tests. Repairs to asphalt shoulders shall be made with asphalt concrete to match the existing shoulder. Concrete sidewalks or curbs shall be cut to the nearest score marks and re- placed equal in dimensions to that removed with score marks matching existing score marks. When installation is to be made by boring or jacking under the traveled way, excavations on either side of the road shall be sufficiently distant from the edge of pavement to insure pavement stability and minimum obstruction to traffic as determined by the State's representative. If considered necessary by the State's representative, the Permittee shall at his expense, pressure grout from within the casing and /or from the top of pavement, the area between the pavement and the casing in order to fill any voids caused by the work as covered under this permit. Service connections must be installed at an angle of 90 degrees from the center line of the State highway which the main line traverses. r ILLUMINATED TRAFFIC CONES ATTACHED TO AND M. ^.DE A PART OF PERMIT NO. 776 -U- 783957 Illuminated traffic cones shall conform to the following provisions: Illuminated traffic cones shall be furnished, placed and main- tained at the locations specified by the Department of Trans- portation's representative in the field at no expense to the State. Cones shall be made of highly pigmented, translucent, fluo- rescent, red - orange, polyvinyl chloride. The cones shall be a minimum of 28 inches high with a base at least 14 inches square. The cones shall be illuminated by setting each cone over an operating lighting unit placed directly on the pavement. The lighting unit shall consist of a 6 -volt, dry cell battery and a 3 -watt lamp. The battery shall be of sufficient capacity to operate the lamp at full brilliancy for a minimum of 8 hours anc shall be provided with a polarized receptacle on top which will accommodate a lamp socket and lamp. Reflectorized tape with a pressure sensitive adhesive shall be placed over the top of the battery to reflect the light upward prior to insert- ing the lamp socket and lamp. The lighting unit shall be weatherproof and shall have maximum dimensions of 3" x 3" x 6 ", There shall be a minimum of two batteries in good working order for each cone at the job site at the start of each working night. Permittee shall replace batteries in the lighting units, when, in the opinion of the Inspector, the brilliancy of the lamps becomes inadequate. Illuminated traffic cones damaged from any cause during the progress of the work shall be immediately repaired or replaced by the permittee at his expense. All work shall conform to the "Manual of Warning Signs, Lights, and Devices For Use In Performance of Work Upon Highways ". 7 MP -618 Sept 73 Rev i Cb SPECIAL CONDITIONS FOR BORING OPERATIONS TO BE ATTACHED TO AND MADE A PART OF PERMIT NO. 776 -U- 78'957 All boring operations shall be made without the use of water or air excepting that a minimum amount of water supplied from a container mounted on operator's equipment may be used for bit lubrication only, if approved by and used in the presence of a Division of Highways' representative. If considered necessary by the Division of Highways' representative, the Permittee shall, at his expense, pressure grout from within the casing and /or from the top of pavement, the area between the pavement and the casing, in order to fill any voids caused by the work as covered under this permit.. Rev 8 -24 -72 M 0 "The permittee for himself, his personal representatives, successors in interest and assigns, as part of the con- sideration hereof, does hereby covenant and agree (1) that no person on the ground of race, color or national origin shall be excluded from participation in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that the permittee shall use the premises in compliance with all other require- ments imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Trans- portation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. "That in the breach of any of the above non - discrimination covenants, the State of California, shall have the right to terminate the permit and to re -enter and repossess said land and the facilities thereon, and hold the same as if said permit had never been made or issued." • • ORM OHM -P -4 IREV. 7.731 . BONI) No... PRINCIPA) —.__..__..._. —__.— ... .._... .. .. _._ LOCATION____ EFFECTIVE DATA' —_ DIST. CO. RT. P.M. BOND [Highway Encroachment Permit] Know All Men by These Presents: WHEREAS, The hereinafter named principal has made or will make application to the DEPARTMENT OF TRANSPORTATION, of the State of California, for the issuance of a permit —, in accordance with and subject to the provisions of Article 2, Chapter 3, Division 1 of the Streets and Highways Code, as amended; for construction of the following described improvements: — ; and WHEREAS, said applicant may apply for and said Department of Transportation, of the State of California, may grrant a renewal of said permit, and WHEREAS, said Department of Transportation, acting by and through its duly authorized officers, has determined and required that said applicant shall file a bond to the people of the State of California conditioned for the proper compliance with the requirements of said legislative act and the regulations thereunder of said Department of Transportation, and precedent to the taking effect of such permit.in the penal sum of --- _ — __Dollars ($---- -_ - -). Now, THEREFORE, The undersigned principal and— __- -__ est. oa. anee.voo aa�'JM p os� ? a corporation organized and existing under the laws of the State of- - - -_ -- — _... —, and authorized to transact business in the State of California, as surety, are held and firmly bound in the whole sum __Dollars ($ —,___ _ —___), lawful money of the United States of America, unto the people of the State of California, hereinafter designated as the obligee herein, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the said principal, his, their, or its heirs, executors, adminis- trators, successors, and assigns shall properly comply with the requirements of said Act of the Legislature of the State of California, hereinbefore referred to, and of the terms and conditions of said permit_, and any renewal thereof issued by said Department of Transportation, and shall indemnify and save harmless the above obligees, and each of them, from any and all claims, suits, action or actions of every name, kind and description, brought for or on account of any damage or injury to the State highway, or any part thereof, or to any real or personal property, or to any person or persons whomsoever, occasioned by or arising out of any failure of the principal to comply with any of his or its obligations under any such permit or permits, and shall properly safeguard said work and the State highway and all bridges and other structures thereon, and shall bear the entire expense of replacing the highway and every part thereof in as good condition as before, then this obligation to be void; otherwise to be in full force and effect. This bond is effective from the date hereof and shall cover any act or omission of the principal under the permit and renewals thereof. Unless otherwise stated herein, this bond may be canceled upon 30 days written notice received by the Department of Transportation of the State of California from the surety, providing the above bounden principal has not commenced performance of the work specified to be performed prior to said 30 days. IN WITNESS WHEREOF, We have hereby set our hand and seal this_ - -_ - -_— day of — __-- ___ - - -, 19–_ PRINCIPAL AND APPLICANT SURETY BUSINESS ADDRESS BUSINESS ADDRESS I [•T:i IiII: 9_T�i JAN 2 g 19-77 0 0 RESOLUTION NO. 8 98 5 By 11119 %111 QUA iL CITY RF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO WITON CONSTRUCTION COMPANY, INC. FOR WATER MAIN CONNECTION AT PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD, CONTRACT NO. 1710 WHEREAS, pursuant to the notice inviting bids for work in connection with the 12 -inch water main connection at Pacific Coast Highway and Newport Boulevard, in accordance with the plans and specifications heretofore adopted, bids were received on the 7th day of January, 1977, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefore is Witon Construction Company, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Witon Construction Company, Inc. for the work in the amount of $23,789.00 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 ATTEST: City Clerk e day of January , 1977. Mayor DDO /bc 1/21/77