HomeMy WebLinkAboutC-1731(B) - Newport Island channel dredgingOctober 11, 1977
CITY COUNCIL AGENDA
ITEM NO. H -9
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: ACCEPTANCE DF -WEST NENPEMCFN(L [ItlEi16IW(i' =4739)
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 dredging the West Newport Channels has been com-
pleted to the satisfaction of the Public Works Department.
The bid price was $ 39,725.00
Amount of unit price items constructed 41,325.00
Amount of change orders None
Total contract cost 41,325.00
Funds were budgeted in the General Fund.
The increase in the cost of the unit price items constructed was
due to the contractor's placing all the dredged material on the beaches as
requested by the residents rather than barging the excess to sea. The unit
price for barging to sea was one dollar per yard less than that for placing
the sand on the beaches.
The County of Orange paid $20,000 of the cost under the terms of
a cooperative agreement with the City.
The design engineering was performed by the Public Works Department.
The contractor is Shellmaker, Inc. of Newport Beach, California.
The contract date of completion was March 12, 1977. The work was
completed on April 10, 1977. The completion date was delayed due to a call
back to do minor dredging at a public mooring on the 38th Street beach on
Newport Island.
l D,-e"
seph evlin
P blic s Director
D.jd
! Att.
11
Ik-
O(G�
It .
O
pis
NOV 8 197$
By the CITY COUNCIL
CITY OF NSN* RT BEACH
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: WEST NEWPORT CHANNEL DREDGING (C -1731)
RECOMMENDATIONS:
Ll
November 8, 1976
CITY COUNCIL AGENDA
ITEM NO. G -4
1. Waive the informalities contained in Shellmaker Inc.'s
bid.
2. Adopt a resolution awarding Contract No. 1731 to
Shellmaker, Inc., for $39,725.00, and authorizing
the Mayor and the City Clerk to execute the contract.
DISCUSSION:
One bid was received and opened in the office of the City
Clerk at 10:30 A.M. on October 28, 1976.
Bidder
Shellmaker, Inc., Newport Beach
Amount
$39,725.00
The low bid is 2% more than the engineer's estimate of
$39,000. Shellmaker has successfully completed similar work for the
City and is well qualified.
Funds are available in the current year's budget for 50% of
the cost; the remaining 50% is being financed by the County of Orange
by means of a cooperative agreement with the city.
The project provides for the maintenance dredging of the
Rivo Alto and a portion of the North Channel adjacent to Newport Island.
The unit prices written in words on the proposal were
erroneously written as the total prices. This is obviously a clerical
error and waiver is recommended.
The plans were prepared by the City. The estimated comple-
tion date is February 18, 1977.
eph T. i evlin
tic ks Director
&B:hh
Attachment
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PROJECT AREA
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Nov 8 1976
By the CYCY COUNCIL
CITY OF NiiW?QXT BRACH
RESOLUTION NO. FS'a 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING A CONTRACT TO
SHELLMAKER, INC. IN CONNECTION WITH THE DREDGING
OF WEST NEWPORT CHANNEL, CONTRACT NO. 1731
G -�
WHEREAS, pursuant to the notice inviting bids for
work in connection with the dredging of West Newport Channel,
in accordance with the plans and specifications heretofore
adopted, bids were received on the 28th day of October,
1976, and publicly opened and declared; and
WHEREAS, it appears that the lowest responsible
bidder therefore is Shellmaker, Inc.;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the bid of Shellmaker, Inc.
for the work in the amount of $39,725.00 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 8th day of November 1976.
Mayor
ATTEST:
City Clerk
DDO /bc
11/2/76
CL t'zz-
OCT 12 1976,
ly the CITY COUNCIL
CITY ge i OW-43
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: WEST NEWPORT CHANNEL DREDGING (C -1731)
RECOMMENDATIONS:
1. Approve the plans and specifications.
October 12, 1976
CITY COUNCIL AGENDA
ITEM NO. H -12
2. Authorize the City Clerk to advertise for bids to be
opened at 10:30 A.M. on October 28, 1976,
DISCUSSION:
The subject project provides for the maintenance dredging of the
Rivo Alto and a portion of the North Channel adjacent to Newport Island. An
exhibit is attached showing the project location.
On April 28, 1975, the City applied for project permits from:
(1) Santa Ana Regional Water Quality Control Board (SARWQCB), (2) Coastal Zone
Commission (CZC), and (3) U.S. Army Corps of Engineers. The permits were
issued on: (1) SARWQCB - -May 25, 1976, (2) CZC -- August 30, 1976, and (3)
U.S. Army Corps of Engineers -- October 1976 respectively.
The project is estimated to cost $39,000. Financing for the work
is in cooperation with the County of Orange -- Environmental Management Agency
on a 50 -50 cost share basis. Funds are available in the current year's bud-
get for the City's $19,500 share of the cost. The estimated date of com-
pletion is February 19, 1977.
Att.
l
vlin
Director
iq �o`
9S t'��� G^ fs � Y Rio. � 0 • i 3 °.?� i) )'f �.
_ �• � is � �� '' :�3 �� o. e
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: >:;..........- PROJECT AREA AS sr3
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M ".� ) Ir ,._ e• 3 > G /// ,fU'� --L_ ^. {�`j -.
n .' -" _ Dredgin; of Charin?1-
�n
y'•% i` - -�,'' '' N. _«_ ! '> fp rt Island
,c,,z. P.dj;�cent to i,e: o
0 ot
October 21, 1977
Shellmaker, Inc.
P.O. Box 2025
Newport Beach, CA 92663
,I
Subject: Surety : Pacific Indemnity Company
Bonds No. : 8068 -94 -38
Project : Newport Isalnd.;Channal Dredging 1976 -77
Contract No.: 1731
The City Council on October 11, 1977 accepted the work of subject
project and authorised the City Clerk to file a Notice of Completion
and to release the bonds 35 days after Notice of Completion has
boon filed.
Notice of Completion was filed with the Orange County Recorder on
October 31, 1977 in Book No. 12413, Page. 1937. Please notify your
surety company that bonds may be released 35 -days after recording
date.
Doris George
City Clark
ag
cc: Public Works Department
PLFA,SF RETURN TO
CITY CLERK VDU pRO/N
C ?TY OF NEWPORT BEACH FSTFp Q
3300 NE111PORT BOULEVARD el'
NEWPORT BEACH, CALIF. 92663
EXEMPT
C4
NOTICE.. OF COMPLETION
PUBLIC WORKS
BK 1241 XG 1937
RECORDED IN OFFICIAL RECORDS .
OF ORANGE COUNTY, CALIFORNIA
9:05 A.M. 11T 131111
J. WM CARLYM Cft* Swffdff
To All Laborers and Material Men and to Every Other Person Interested:
YOU WII..L PLEASE TAKE NOTICE that on April 10, 1977
the Public Works project consisting of Newport Island Channel Dredging 1976 -77
on which Shellmaker, Incorporated
was the contractor, and Pacific Indemnity Company
was the surety, was completed.
CITY OF NEWPORT BEACH
I, the undersigned, say:
I am the Public Works Director of the City of Newport Beach; the foregoing
Notice: of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 12, 197
at Newport Beach, California.
7
VERIFICATION OFiCITY
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on October 11, 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 October 12, 1977 at Newport Beach, California.
—74L U
oC ,> Li D
C/ 119
MEyyPoR �Cy .�
�`tlf
NEWPORT BEACH
CALIFORNIA
Date: October 12, 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
City Hall
3300 W. Newport Blvd
Works project consisting of NoMort Ialand Channel Dredging 1976 -77
Contract No.
on which Shellmaker. Incorporated was the Contractor
and Pacific Indemnity Company was the surety.
Please record and return to us.
Very trul !yours,
A �C �-�-
Doris George
City Clerk
City of Newport Beach
Encl.
DATE
Jeer 13, 13
: VENDOR DEPT. Ci tjf= TAwn'Ci 1 .
Shelbotaker, Inc. SNlrro oe`
i .d. Lox 1,10115
Ieyrport beach, CA j2363-
N0. 0824W�
INVOICE IN DUPLICATE.:;;
` THIS -,O ... NUMBER MUST
APP€.A1} A�iL'IN VOICES.
SHIMINGN S, SILLS OF
LADING: E%►1ltfS'1tKC6IPT5 '
AND PACKAQKS-' _
DELIVERY TICKK�T((::
INCLUDE UNIT PNilLz
1 iJEwport Island Channel Dredging 1976 =77 AS Per ^� 33.725.00
Contract
Contract 1731
resolution 3929
IMPORTANT
The Articles covered by this Purchase Order or Contract must ,CITY OF NEWPORT-BEACH
conform to applicable Cal —OSHA Standards, and /or other
�24197i 39,7[a :a�
appropriate laws, regulations, rules, and codes of the Federal
Government and the State of California.
Show as a separate item any retail sales tax, use tax or Federal J ' t !' N,1 'k.�.ti. -:_r
I' tax applicable to this purchase.
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.
eC'
-e i
0 0
Date DwAw"r 10, 1976
TO: Public Works Department
FROM: City Clerk
SUBJECT: Contract No. 17.41
Project Nampo= Island Chanwl DwA`ing 1976-77
Attached is signed copy of subject contract for transmittal to the contractor.
Contractor:
Address: - - - __ wwwr n• nettq
Amount: $ e
Effective Date:
Resolution No.
I
Doris George
DG:swk
Att.
cc: Finance Department
0 0
December 8, 1976
TO: CITY CLERK
FROM: Public Works Department
SUBIECT: NEWPORT ISLAND CHANNEL DREDGING - CONTRACT NO. 1731
Attached are four copies of the subject contract documents
as well as the insurance certificates. Please have the contract
documents executed on behalf of the City, retain your copy and the
insurance certificates, and return the remaining copies to this
office for distribution.
Thank you.
�i
Vii'LLZ{ xl
Steve Bucknam
Project Engineer
SB:h
Att.
SOUTHERN CALIFORNIA OFFICE
P.O. BOX 2025
NEWPORT BEACH, CA 92663
(714)644 -0550
0 w
SHELLMAKER, IN
DREDGING
PORTSONOMA
250 SEARS POINT ROAD
PETALUMA, CA 94952
6 December 1976
City of Newport Beach
3300 W. Newport Blvd.
Newport Beach, CA 92660
RE: Newport Island Channel Dredging
Contract No. 1731
Gentlemen:
PORTSONOMA
(415) 8974107
CALIFORNIA STATE
CONTRACTORS LICENSE
NUMBER A 91675
Please be advised that Shellmaker, Inc, is aware of
and will comply with Section 3700 of the Labor Code,
requiring every employer to be insured against
liability for Workmen's Compensation.
WLH /lh
Sincerely,
SHELLMAKER, INC.
a W
William L. Harris
Vice President
RECEIVED
P0811C WORKS
DEC ( 1°76
CITY OF
"L .. NEWPORT BEACN,
�:� CALIF,
0 CITY OF NEWPORT BEACH 0
CERTIFICATL 01 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. 1731
MODIFICATIONS TO THIS CERTIFICATE ARE NOT CCEPTABLE
Project Description: Newport Island Channel Dredging
This is to certify that the Home Insurance Com any
Name of Insurance Company)
has issued to Shellmaker Inc.
Name of Insured
P.O. Box 2025, Newport Beach Calif
ddress 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).
to
lal
ve
ual
X0,000.
Name of Agency or Broker: Wm, H. Ray and Co.,
Address of Agency or Broker235 Mogtgomery Street, San Francisco, Calif. 94104
Telephone No._ 421 -9260 'A I 1
Countersigned by: U h1yv
Authorized Insurance mpany Representative
Effective date of this endorsement: 11/8/76 1 1 , 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
Po icy No.
COMPREHENSIVE LIAB.
Combined Single
From: 3/1/76
$ 500,000 Protecti
Limit Bodily Injury
A9118151
$ 500,000 Products
or Property Damage
To: 3/1/77
$ 500,000.00
$ 500,000 Contract
Each Occurrence
/77 $1,000,000
HEC 4765054
EXCESS LIABILITY
0/29/74 -10/2
0o Excess of $5
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).
to
lal
ve
ual
X0,000.
Name of Agency or Broker: Wm, H. Ray and Co.,
Address of Agency or Broker235 Mogtgomery Street, San Francisco, Calif. 94104
Telephone No._ 421 -9260 'A I 1
Countersigned by: U h1yv
Authorized Insurance mpany Representative
Effective date of this endorsement: 11/8/76 1 1 , Endorsement No.
CERTIFICATE OF INSURANCE
ISSUED BY (TYPE FULL NAME OF INSURING COMPANY)
The Home Insurance Company
This is to Certify, that policies in the name of
I—
NAMED Shellmaker, Inc.
INSURED P.O. Box 2025
and
ADDRESS Newport Beach, California
L
are in force at the date hereof, as follows:
THIS CERTIFICATE OF INSURANCE NEITHER
AFFIRMATIVELY NOR NEGATIVELY AMENDS,
EXTENDS OR ALTERS THE COVERAGE AFFORDED
BY ANY POLICY DESCRIBED HEREIN.
92663
I
Tne county of Orange and the County of Orange Harbors, Beaches
and Park District are hereby named additional insured.
In the event of cancellation of said policies or a reduction in the limits of liability, the company will endeavor to give written notice to
the party to whom this certificate is issued, bt�faitocaPmsssa�hctmt�etshail am�tosxamcotdig�ommcetrtlitycngx R[�xx>�@exyc
POLICY
LIMITS OF LIABILITY
KIND OF INSURANCE
POLICY NUMBER
PERIOD
BODILY INJURY
PROPERTY DAMAGE
WORKMEN'S
I Eff. 6/1/76
_
Provided by Workmen's
COMPENSATION **
WC 9197592
)Exp. 6/1/77
Compensation Law —State of
CALIFORNIA
NIL
COMPREHENSIVE
GENERAL LIABILITY
GA 9118151 .i
- -_
Eff. 3/1/76
Exp. 3/1/77
$
1$ 500 ,000 Each occurrence
$250 ,000 Each occurrence
$250 ,000 Aggregate
Newport
Beach,
Ca. 92660
$ 500 ,000 Aggregate
$
MANUFACTURERS' AND
Elf. •
$
I
$250 ,000 Each occurrence
CONTRACTORS' LIABILITY
"
Exp. n
Is 500 ,000 Each occurrence
$250 ,000 Aggregate
OWNERS', LANDLORDS'
Eff. - R
$
$250 ,000 Each occurrence
& TENANTS' LIABILITY
"
Exp. n
$ 500 ,000 Each occurrence
$250 000 Aggregate
CONTRACTUAL
Eff. "
$
$250 ,000 Each occurrence
LIABILITY
"
Exp. it
$ 500 ,000 Each occurrence
$250 ,000 Aggregate
AUTOMOBILE LIABILITY
EN Owned Automobiles
n
Eff. n
$ 250 ,000 Each person
$250 ,000 Each occurrence
(2 Hired Automobiles
Exp. if
$ 500 ,000 Each occurrence
Non -Owned Automobiles
COMPREHENSIVE AUTO-
Eff.
$ ,000 Each person
$ ,000 Each occurrence
MOBILE LIABILITY
Exp.
$ ,000 Each occurrence
OTHER:
Elf.
Exp.
** Includes
United States
Longshoremen's
and Harbo
Workers' Act.
Also
includes Jone
Act and Employers
Liability
Tne county of Orange and the County of Orange Harbors, Beaches
and Park District are hereby named additional insured.
In the event of cancellation of said policies or a reduction in the limits of liability, the company will endeavor to give written notice to
the party to whom this certificate is issued, bt�faitocaPmsssa�hctmt�etshail am�tosxamcotdig�ommcetrtlitycngx R[�xx>�@exyc
14285I4F(SINGLE)
30 Days written
notice will be given
CERTIFICATE ISSUED TO:
F—
l
NAME City of
Newport
Beach
} \`
NRESS 3300 W.
ADDRESS
Newport
Blvd
-AR/76 �- ,t_.: ____
/N THOR12E0 REPRES TATIVE
Newport
Beach,
Ca. 92660
Wm. H. Ray
_ c/o City
Clerk
J
14285I4F(SINGLE)
Awk
MEMORANDUM OF INSURANCE
THE HOME INSURANCE COMPANY
Manchester, New Hampshire— , ,
This is to certify that the following described insurance is in force at this date.
NAME OF INSURED
Shellmaker, Inc.
ADDRESS OF INSURED
P.O. Box 2025, Newport Beach, California 92663
POLICY NUMBER
CERTIFICATE NO.
POLICY PERIOD
HEC 4765054
FROM 10/29/74 TO 10/29/77
DESCRIPTION OF COVERAGE LIMITS
Excess Liability $1,000,000. Excess of
$500,000. Bodily Injury
$250,000. Property Damage
Comprehensive General Liabilit
$250/500,000. Bodily Injury
$250,000. Property Damage
Comprehensive Automobile
Liability
Policy 4 GA 9118151
Home Insurance Company
The County of Orange and the County of Orange Harbors,
Beaches and Park District are hereby named additional
insured.
This document is furnished to you as a matter of information only. The issuance of this document does not make
the person or organization to whom it is issued an additional insured, nor does it modify in any manner the
contracts of insurance between the Insured and the Company. Any amendment, change or extension of such
contracts can only be effected by specific endorsement attached thereto.
Should the above mentioned contracts of insurance be cancelled, assigned or changed during the above named
policy period in such manner as to affect this document, we, the undersigned, will endeavor to give notice to the
holder of this document, but failure to give such notice shall impose no obligation of any kind upon the under-
signed or upon the Company.
ISSUED TO
City of Newport Beach
ADDRESS
3300 W. Newport Blvd. Newport Beach, Calif. 92660
THE HOME I S, ANCE COMPANY
DATED: November 15, 1976 BY: �`t` I v
Wm. H. Ra
ECIOIHI 10/73
CITY CLERK
• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS
FOR
NEWPORT ISLAND CHANNEL DREDGING
1L6rc:�ri
CONTRACT NO. 1731
Approved by the City Council this
12th day o October, 1976.
Doris George, City Cler
SUBMITTED BY:
Shellmaker, Inc.
Contractor
P. 0. Box 2025
Newport Beach, CA 92663
City Zip Code
644 -0550
Phone
ota Bi Price
CITY OF NEWPORT BEACH 0
NEWPORT ISLAND CHANNEL DREDGING
1976 -77
CONTRACT NO. 1731
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby pro-
poses to furnish all materials and do all the work required to complete Contract No. 1731
in accordance with the Plans and Specifications, and will take in full payment therefor
the following unit prices for the work, complete in place, to wit:
1. 4100 Construct embankment along Rivo
Cubic Yards Alto and North Channels with
dredged material.
@ Seven Dollars
and
T wont -five Cents
Per u is Yard
2. 1600 Haul surplus dredged material
Cubic Yards from the Rivo Alto and North
Channel to disposal site at sea.
F.
$ 7.25 $ 29.725.00
@ Six Dollars
and
Twenty -five Cents $ 6.25 $ in- Onn_Oo
Per Cubic Yard
Total price for Items 1 and 2 written in words
Thirty -Nine Thousand Seven Hundred Twenty-Five Dollars
and
No Cents $ 39,725_nn
Contractor's License No. A -91675
Date October 28, 1976
Shellmaker Inc.
Bidder s Name
uthor zed Signature
Contractor's Address P. 0. Box 2025, Newport Mach- CA 99661
• Page I
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 28 day of bctober , 1.976 ,
at which time they -WTTT opened and rea -for performing work as follows:
NEWPORT ISLAND CHANNEL DREDGING
CONTRACT NO. 1731
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 a-nT-tWeCor orate Seal
shall be affixed to aTl__Jocuments re! q— uTr_ing signatures. In the case of a arl� tnership,
the signature of at least one general partner is required.
No bids will be accepted from a contractor who has not been licensed in accordance with
the provisions of Chapter 9, Division III of the Business and Professions' Code. The
contractor shall state his license number and classification in the proposal.
One set of plans and contract documents, including special provisions, may be obtained
at the Public Works Department, City Hall, Newport Beach, California, at no cost to
licensed contractors. It is requested that the plans and contract documents be returned
within 2 weeks after the bid opening.
(cont.)
Page la
The City has adopted the Standard Specifications for Public Works Construction
(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. 8701 adopted February 9, 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 10 -12 -76
I
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. A -91675 Classification p
Accompanying this proposal is Bond
(Cash, Certified Check, Cas ier s Check or Bon
in an amount not less than 10 percent of the total bid price.
The undersigned is aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workmen's compensation or to
undertake self- insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this contract.
714 644 -055•
Phone Nu er
October 28, 1976
Date
ker
Bid er s Name
WM. P. DOLARO;"11!)
Siwill
Authorized ignature
MORES SOLMD
SECRETARY - TREASURER
uthorized Signature
Corporation
Type of Organization
(Individual, Corporation, or Co- Partnership)
List below names of President, Secretary, Treasurer and Manager if a corporation,
and names of all co- partners if a co- partnership:
William P. Boland, Jr.
Delores Boland
William L. Harris
President
Secretary- Treasurer
Vice President
0 0
Page 3
DESIGNATION OF SUBCONTRACTORS
The undersigned certifies that he has used the sub-bids of the following
listed contractors in making up his bid and that the subcontractors listed
will be used for the work for which they bid, subject to the approval of the
City Engineer, and in accordance with the applicable provisions of the
specifications. No change may be made in these subcontractors except upon
the prior approval of the Engineer.
Item of Work
1. None
2.
3.
5.
6.
7.
8.
9.
10.
11.
12.
Subcontractor
Address
Shellmaker, Inc.
Bidder's Name
S/William L
KfThorffils
id Signature
CorporationL_
Type of Organization
(Individual, Co-partnership or Corp.)
P. 0. Box 2025
Newport Beach.
�
'ddgis'P3
F9ORIGINAL SEE CITY CLERK'S FILE 0PY
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we, SHELLMAKER, INC.
and PACIFIC INDEMNITY COMPANY
Page 4
as Principal,
as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent
(10 %) OF AMOUNT BID Dollars ($ (10 %) ), lawful money of the United
States for the payment of which sum well and truly to be made, we bind ourselves,
jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden principal for the construction of
NEWPORT ISLAND CHANNEL DREDGING - CONTRACT N0. 1731
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 28th day of
October , 19 76
Corporate Seal (If Corporation)
(Attach acknowledgement of
Attorney -in -Fact)
9211 , q1TA0Qfr4Mr13XTWR=115
SHELLMAKER, INC.
Principal
S /William L. Harris
7:[a 13fiiiR173ui�1ii�LdQuI7:1Nt
By SIr w Trotter
Title
! 0
Page 5
NON- COLLUSION AFFIDAVIT
The bidders, by its officers and agents or representatives present at the time of
filing this bid, being duly sworn on their oaths say, that neither they nor any of
them, have in any way, directly or indirectly, entered into any arrangement or 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 27th day of October ,
19 76 .
My commission expires:
Jan. 17, 1979
SHELLMAKER. INC.
S /William L. Harris, Vice President
S /Joan M. Carroll
Notary Public
FOR OGINAL SEE CITY CLERK'S FILE CO!
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.
Incorporated for 37 years 5/3/76.
Bank Reference:
Wells Fargo Bank
Pajaro Valley Branch
Watsonville, CA 95076
Mr. M. Foote,Vice President
lliam L. Harris
Signed
Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
t
Page 7
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 (Deta.il) Person to Contact Telephone No.
1976 Oceanside Harbor Corps of Engineers
1976 North Island Naval Air Station. U. S. Navy, San Diego
1976 Santa Cruz Harbor Corps of Engineers
1975 Ventura Marina Corps of Engineers
1975 Petaluma River Corps of Engineers
1975 Santa Barbara Harbor Corp of Engineers
1975 Storm Drain Outlptc City of Npwonrt Rparh
d.19T�S
m
1974
Noys River
Ggrps
of Engineers
1974
Sunset Aquatic Park
rnlinty
of Orange
1974
—Regional
Grand Canal
City
of Newport Beach
1974
Ventura Harbor
Corps
of Engineers
1974
Eureka Harbor
Corps
of Engineers
1973
Sacramento Barge Canal
Corps
of Engineers
1973
M ameda Creek
Coris
of Engineers
1973
Santa Cruz Harbor
Corps
of Engineers
1973
Marina del Rey
Corpg
of F.nginpprn
Prior to
1973, Shellmaker, Inc. has
done more than
200 jobs for the Corps of 1
0
Page 8
LABOR AND MATERIAL BOND ,`,-fi_e-ae
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted November 8, 1976
has awarded to SHELLMAKER, INC.
hereinafter designated as the "Principal ", a contract for
NEWPORT ISLAND CHANNEL DREDGING - CONTRACT NO. 1731
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 .
as Principal, and
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
Dollars ($ ),
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
0 0 Page 9
(Labor and Material Bond - Continued)
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 day of 19
Approved as to form:
City Attorney
.f$S, sT'acT"
(Seal)
Name of Contractor Principal
Authorized Signature and Title
Authorized Signature and Title
(Seal)
Name of Surety
Address of Surety
Signature and Title of ut orized gent
Address of Agent
Telephone No. of Agent
PREMIUM INCLUDED IN
FEDERAL INSURANCE COMPAfffoMNCE BOND
PACIFIC INDEMNITY COMPANY (X)
PAYMENT BOND
CALIFORNIA PUBLIC WORK
i
KNOW ALL MEN BY THESE PRESENTS,
Thatwe, ........... SHELLMAKER.....I NC. -_- --------------------------------------- -- ---- ----- ------ -- -- ---- - - -_ -- -----------------------
as Principal, and .............. ACIFIC..INDEMN-ITY_. COMPANY .----- _------ .---------- -. - - -- a Corporation
organized and existing under the laws of the State of -------------- CAL. I. FORN. IA ----------------------------------------------- - _- .-- - - - -.
and authorized to transact surety business in the State of California, as Surety, are held and firmly bound
unto --------------- CITY --- O.F..NEW. PORT ... BEACH -------------------------- ------ --......
_..- .... .... - -.... - - - ..- --------------------------------------- ------------------------------------ I as
Obligee, in the aggregate total of ..... NINETEEN ... THOUSAND --- IGHT -- HUNDRED. - SIXTY... TWO-. AND- 50 /- 100THS-
---------------- -- ------------- -- ----- - - -- -- ---- - - - --- Dollars ($--1-9,$62.50----- - - --),
-------------------------------- - - - - - -- ------ - - - - -- - -- ----- - - - - -- - - -- -
for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, admini-
strators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated ..............................
entered into a Contract with --------- C1TY..OF-- NEWPDRT -- BEACH -- ---- - - - - -- ----- -- -
for ------NEWPORT -- ISLAND -- CHANNEL DREDGING ------------ -- -- -----------
NOW, THEREFORE, if the Principal or his subcontractors, shall fail to pay any person named in
Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insur-
ance Code with respect to work or labor performed by any person named in Section 3181 of the Civil Code
of the State of California, or any amounts required to be deducted, withheld, and paid over to the Fran-
chise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Sec-
tion 18806 of the Revenue and Taxation Code, with respect to such work and labor, the Surety will pay for
the same in an aggregate amount not exceeding the sum specified in this bond, and also, in case suit is
brought upon this bond, a reasonable attorney's fee, to be fixed by the Court in accordance with Section
3250 of the Civil Code of the State of California.
This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State
of California so as to give a right of action to such person or his assigns in any suit brought upon this
bond.
SIGNED AND SEALED this -------- --------- 29th ------ ------ ------------- --- ------day of ----------- November' ...... :-----------------
.... SHELLMAKER,...I -- - °.- .......... w- -
m. L Harris
EY.:..
------ al President
Principal
PACIFIC INDEMNITY COMPANY
B- ------------------
F. W. Trotter Attorney -in -fact
C111.
k
e
G
0
Page �10
PERFORMANCE BOND !�` 6ac,— I�
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted November 8, 1976,
has awarded to SHELLMAKER, INC.
hereinafter designated as the "Principal ", a contract for
NEWPORT ISLAND CHANNEL DREDGING - CONTRACT NO. 1731
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,
as Principal, and
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
lars ($
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
..:..
i
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 day of , 19
Approved as to form:
City.Attorney
i4ssasr*VA
(Seal)
Name of Contractor (Principal)
Authorized Signature and Title
Authorized Signature and Title
(Seal)
Name of Surety
Address of Surety
Signature and Title of Authorized Agent
Address of Agent
Telephone No. of Agent
Bond No.- 8068-94-3$------- - - - - --
PREMIUM: $148.97
FEDERAL INSURANCE COMPANY ( )
PACIFIC INDEMNITY COMPANY (x)
PERFORMANCE BOND
CALIFORNIA PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS,
That we . .....--------- SHELLMAKER,....INC..- - -- --- .. ............. ................... ..._.......
...
as Principal,
and ................................. PACIFIC-ANDEMNITY-- COMPANY--------.........-..----......._..... _------------ ----- ------- - -.... a Corporation
organized and existing under the laws of the State of - -.- CALIFORNIA -- - - - - - -- - -- - - - -- --and authorized to
transact surety business in the State of California, as Surety, are held and firmly bound unto ......................
C ITY OF NEWPORT BEACH - ......(hereinafter called the Obligee),
in the sum of... ._.TH_I_RTY..NIHE._T.HO.USAND.- SEVEN.. HUNDRED.. TWENTY.. FI -VE- AND --- NOLIQDTHS.- r.- c-- r.. - ----
-------------------------------- ------ -- -------- ------ - - - - -- Dollars ($39.,72.5.(10 - - - -- ---),
-- - - ------ ------- ------------ ..... ................. ........ - - - ...... .. I ......
for
-- ....- - - -
for the payment whereof well and truly to be made and we each of us bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that, Whereas, the above named bounden principal
entered into a contract dated .................... ......... ......... ..... 19 -------------------- with the said Obligee to do and perform
the following work, to -wit:
NEWPORT ISLAND CHANNEL DREDGING
....................... .............- --------- - -- -- - - - --- - --------- ----------- ----..._..- ------ --- ---------------------- ----------------------------------- ---- -- ------ - -
a copy of which contract is or may be attached hereto, and is hereby referred to and made a part hereof.
NOW, THEREFORE, if the above bounden principal shall well and truly perform the work con-
tracted to be performed under said contract, then this obligation to be null and void; otherwise to remain 0aA
in full force and effect. No right of action shall accrue under this bond to or for the use of any person V S`ae
other than the said Obligee.
SIGNED AND SEALED this ........................ 29.th . ..................................... day of ..Nave[3� --- — --- 19..7.6 -- -..
SHELLMAKER.... C._.. ._.._`....:: =- --------------------
BY:_!/i� ---------------- -- - - - ---
Principal
PACIFIC INDEMNITY COMPANY
By... .... .. . - - - -- ---- - - - - --
Trotter Attorney -in -fact
C1114
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Page 12
CONTRACT
THIS AGREEMENT, made and entered into thisLtivday of 19 96 ,
by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City,
party of the first part, and SHELLMAKER, 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 eonAtritc+i -Nr-of
NEWPORT ISLAND CHANNEL DREDGING - CONTRACT NO. 1731
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.
a
! 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 N WPORT.BEACH, CNIFOPNIA
By
mayor
ATTEST:
SHELIMA �� IHC-
contractor
WIL F. BOW% JR.
Title t e
WLORES BOLAND
SECRETARY- TREASURER
Title
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX TO SPECIAL PROVISIONS
FOR NEWPORT IS CHANNEL DREDGING
C -Ml
Item
Page
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . .
. . 1
II.
TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . .
. . 1
III.
LIABILITY INSURANCE. . . . . . . . . . . . . . . . . . .
. . 1
IV.
PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 2
V.
HYDROGRAPHIC SURVEYS . . . . . . . . . . . . . . . . . . . .
. . 2
VI.
EXISTING CHANNEL X- SECTIONS . . . . . . . . . . . . . . . . .
. . 2
VII.
NOTIFICATION OF RESIDENTS . . . . . . . . . . . . . . . . . .
. . 2
VIII.
CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . .
. . 2
A. Hydraulic Dredging & Filling . . . . . . . . . . . . . .
. . 2
1. General. . . . . . . . . . . . .
. . 2
2. Areas to be Dredged and Filled . . . . . . . . . . .
. . 2
3. Safety Requirements . . . . . . . . . . . . . . . . .
. . 2
B. Excavation, Embankment and Payment . . . . . . . . . . .
. . 3
1. Excavation - Embankment . . . . . . . . . . . . . . .
. . 3
2. Payment . . . . . . . . . . . . . . . . . . . . . . .
. . 3
C. Protection of Existing Piers . . . . . . . . . . . . . .
. . 3
D. Working Hours . . . . . . . . . . . . . . . . . . . . . .
. . 3
E. Obstructions . . . . . . . . . . . . . . . . . . . . . .
. . 3
F. Preservation of Property . . . . . . . . . . . . . . . .
. . 4
G. Misplaced Material . . . . . . . . . . . . . . . . . . .
. . 4
H. Gradation of Fill Material . . . . . . . . . . . . . . .
. . 4
I. Acceptance - Partial . . . . . . . . . . . . . . . . . .
. . 5
J. Shoaling . . . . . . . . . . . . . . . . . . . . . . . .
. . 5
K. Unforeseen Difficulties . . . . . . . . . . . . . . . . .
. . 5
• SP of
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
NEWPORT ISLAND
CHANNEL DREDGING
1976 -77
CONTRACT NO. 1731
I. SCOPE OF WORK
The work to be done under this contract consists of hydraulic dredging and
filling of a portion of the Newport Island Channels to the lines shown on the
plans; disposal of the surplus material by disposal at sea at EPA specified
disposal site LA -3; and other incidental items of work.
The contract requires completion of all the work in accordance with these
Special Provisions; the City's Standard Special Provisions; the Plans (CNB. Dwg.
No. H- 5071 -S); and the City's Standard Drawings and Specifications.
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.
II. TIME OF COMPLETION
The contractor shall complete all work on the contract within 90 consecutive
calendar days after the date that the City executes the Contract and as specified
in Subsections 6 -7 and 6 -8 of the Standard Specifications.
III. LIABILITY INSURANCE
The contractor shall provide liability insurance as required by Section 7 -3
of the Standard Specifications and Standard Special Provisions except as herein
modified.
The County of Orange and the County of Orange Harbors, Beaches and Park
District shall be named as additional insured in the policy of liability insurance.
The City's Certificate of Insurance form shall be amended to show these organiza-
tions as additional insured.
• . SP2of5
IV. PERMITS
Permits for this contract have been obtained from the California Regional
Coastal Zone Commission and the United States Army Corps of Engineers and are
on file in the Public Works Department.
V. HYDROGRAPHIC SURVEYS
Hydrographic surveys for the control of construction will be provided by
the City.
VI. EXISTING CHANNEL X- SECTIONS
Existing Channel X- Sections shown on Sheets 2 -5 of the Plans are based on
surveys made in the Fall of 1974. The City will verify the Sections prior to
start of dredging operations.
VII. NOTIFICATION OF RESIDENTS
The City will mail a preliminary notice to all residences affected by this
work. Between 40 and 55 hours prior to blocking access to any pier the con-
tractor shall, with utmost care, distribute to each and every residence, a notice,
prepared by the City, stating when the work will begin and approximately when
access to their pier will be restored.
Errors in distribution, false starts, acts of God, and other alterations
of the schedule will require renotification, using an explanatory letter pre -
pared by the City and distributed by the contractor.
VIII. CONSTRUCTION DETAILS
A. Hydraulic Dredging & Filling
1. General
The provisions of this Section apply specifically to HYDRAULIC
DREDGING & FILLING.
2. Areas to be Dredged and Filled
The plans show the areas to be dredged and filled, and any special
I
details applicable to the work. The approximate amount of material
to be dredged is 5800 cubic yards, in place. Although this informa-
tion is believed to be accurate, it is not intended as a guarantee
by the City. The intention of the City is to dredge the channels to
I
the cross sections shown on the Plans.
3. Safety Requirements
Dredges, pipe lines, and other floating equipment shall be marked in
accordance with law.
The contractor shall conform to current safety practices as outlined
_ v
L
. SP 3 of 5
by publications of Associated General Contractors of America, and the
National Safety Council. He shall also comply with all applicable
State and local safety laws and regulations.
B. Excavation, Embankment and Payment
1. Excavation - Embankment
Excavation shall be made to the elevations and grades shown on the plan
design cross - sections. The allowable variation from the average line
on the design cross- sections shall be from 6" above to 12" below that
line. Embankment shall be placed within the limits of the elevations
and grades shown on the plan design cross - sections. The allowable
variation in embankment from the average line on the design cross -
sections shall not exceed 6" above or below that line. In the event
final soundings indicate actual elevations and grades beyong the varia-
tions allowed, additional dredging will be performed by the contractor
to meet these Special Provisions.
2. payment
Payment for embankment (Bid Item No. 1) will be based on the design
channel cross - sections shown on the Plans, verified by final soundings.
Payment for surplus material removal, hauling, and dumping (Bid Item
No. 2) will be based on the design channel cross - sections less embank-
ment, verified by final soundings and barge trip counts. Payment.for
incidental items of work not separately provided for in the proposal
shall be included in the bid price for related items of work and no
additional compensation will be made therefor.
C, Protection of Existing Piers
The contractor shall be responsible for the protection of all piers.in the
vicinity of the area to be dredged.
D, Working Hours
Dredging may be done at the convenience of the contractor between 6:00 A.M.
and 12 :00 midnight, daily seven days per week.
Work on this contract other than dredging, shall be done only between
the hours of 7:00 A.M. and 7 :00 P,M., Mondays through Saturdays only.
E, Obstructions
The City will not undertake to keep the channel free from vessels or other
obstructions. The City will be responsible for ensuring that boats moored
to the seawall or piers are removed by their owners prior to the start of
dredging.
. SP 4 of 5
The contractor shall notify the Orange County Sheriff -- Coroner Depart -
ment. Harbor Patrol Bureau at 1901 Bayside Drive, Corona del Mar, 92665
(telephone number 834 -3803) 72 hours prior to starting work and shall keep
said bureau apprised of work progress.
Upon completion of the work the contractor shall promptly remove his
plant, including ranges, buoys, piles and other marks placed by him
under this contract, unless directed otherwise by the Engineer.
F. Preservation of Property
It shall be the contractor's responsibility to ascertain the existence of
any underground or submarine utilities or facilities which may be subject
to damage by reason of his operations and to notify the Engineer as specified
in Section 5 -2 of the Standard Specifications.
The contractor shall be responsible for any damage to waterfront structures
as a result of dredging below and beyond specified depths and areas.
Full compensation for furnishing all labor, materials, tools and equipment
and doing all the work involved in protecting property as above specified
shall be considered as included in the unit prices paid for the work, and
no additional compensation will be made therefor.
G. Misplaced Material
Any material that is deposited elsewhere than in places designated or
approved by the Engineer will not be paid for, and the contractor may be
required to re- dredge such materials and deposit it where directed. Should
the contractor, during the progress of the work, lose, dump, throw over-
board, sink or misplace any material, plant, machinery or appliance, which
in the opinion of the Engineer may be dangerous to or obstruct navigation,
he shall recover and remove the same with utmost dispatch. The contractor
shall give immediate notice, with description and location of such obstruc-
tion, to the Engineer, and when required, shall mark or buoy such obstruc-
tion until the same is removed.
Should the contractor refuse, neglect, or delay compliance with the above
requirements, such obstructions may be removed by the Engineer and the
cost of such removal may be deducted from any money due or to become due
the contractor, or may be recovered under his bond.
H. Gradation of Fill Material
The discharge of the dredge pipe shall be so placed and so controlled that
the fill material placed along the sides of the channel is laid down with
SP 5 of 5
an even gradation such that no soft spot or spots made up predominantly
of fines are built up. In the event that a soft spot or spots predom-
inantly of fines is built up, such spots shall be removed and spots
refilled with properly graded material at the contractor's expense.
I. Acceptance - Partial
As soon as practicable after the completion of any section which, in the
opinion of the Engineer, will not be subject to injury by further opera-
tions under the contract, such section will be examined thoroughly by
sounding or by sweeping or by both as deemed advisable by the Engineer.
Should any shoals, lumps or other lack of contract depth be disclosed by
this examination, the contractor will be required to remove them. The
contractor will be notified when soundings and /or sweepings are to be
made and will be permitted to accompany the survey party. When the area
is found to be in a satisfactory condition, it will be accepted.
J. Shoaling
If, before the contract is completed, shoaling occurs in any section pre-
viously accepted, including shoaling in the finished channel, because of
natural lowering of the side slopes, re- dredging at contract price, within
the limit of available funds, may be done if agreeable to both the con-
tractor and the Engineer.
K. Unforeseen Difficulties
Should unknown or unforeseen conditions, subsurface or otherwise, be dis-
covered during progress of the work, the City shall be notified immediately.
The City will then make a determination as to whether these conditions con-
stitute extra work, and will so notify the contractor in writing within
48 hours after being notified of the conditions.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS
FOR
NEWPORT ISLAND CHANNEL DREDGING
1976 -77
CONTRACT NO. 1731
Approved by the City Council this
12th day o October, 1976.
Doris George, City Clerig
SUBMITTED BY:
Shellmaker, Inc.
Contractor
P. O. Box 2025
Address
Newport Beach, CA 92663
City Zip Code
644 -0550
Phone
.39. 7-aS• o 0
Total Bid Price
CITY OF NEWPORT BEACH
NEWPORT ISLAND CHANNEL DREDGING
1976 -77
CONTRACT NO. 1731
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California 92660
Gentlemen:
0
The undersigned declares that he has carefully examined the location of the work, has read
the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby pro-
poses to furnish all materials and do all the work required to complete Contract No. 1731
in accordance with the Plans and Specifications, and will take in full payment therefor
the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4100 Construct embankment along Rivo
Cubic Yards Alto and North Channels with
dredged material. f/
9ors
and ✓/
Cents $
Per Cubic and
2. 1600 Haul surplus dredged material
Cubic Yards from the Rivo Alto and North
Channel to disposal site at sea.
@ Dollars
and
AID Cents $_G.as $io,oao,00
Per Cubic Yard
Total price for Items 1 and 2 written in words
"."ollars j
and
.moo Cents $ 39. 7a.S, o o
Contractor's License No. A -91675 Shellmalcer Tn�
Bidder's Name W m C
Date October 28, 1976 �dn!
ut orized Signature
Contractor's Address P. O. Box 2025, Newport Beach, CA 92663
Page 3
DESIGNATION OF SUBCONTRACTORS
The undersigned certifies that he has used the sub -bids of the following
listed contractors in making up his bid and that the subcontractors listed
will be used for the work for which they bid, subject to the approval of the
City Engineer, and in accordance with the applicable provisions of the
specifications. No change may be made in these subcontractors except upon
the prior approval of the Engineer.
Item of Work Subcontractor Address
1. None
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Shellmaker, Inc.
Bidders Name
—P
Authorized'
Corr oration
Type of Organization
(Individual, Co- partnership or Corp.)
P. O. Box 2025
Newport Beach, CA 92663
Address
C,
•
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. A -91675 Classification A
Accompanying this proposal is Bond
(Cash, Certified Check, Cas ier s Check or Bon
in an amount not less than 10 percent of the total bid price.
The undersigned is aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workmen's compensation or to
undertake self- insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this contract.
(714) 644 -0550
Phone Number
October 28, 1976
Date
Shellmaker.
Bidder sm _
_ -(SEAL)
'Vu-5-orized Signature -
Authorized Signature
Cooratian
Type of ro 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:
Wm. P. Boland, Jr.
Delores Boland
William L. Harris Vice President
Bond No..BQ42z04- 7.4..L
Prmlta: $4.00
PACIFIC INOFMNITY COMPANY
HOME OFFICE. LOS ANGELES. CALIFORNIA
9
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, That we, SHELLNAKER, INC.
(hereinafter called the principal), as principal, and the PACIFIC INDEMNITY COMPANY, a corporation
organized and doing business under and by virtue of the laws of the State of California, and duly licensed
for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of Cal ifornla , as Surety, are held and firmly bound unto
CITY OF NEWPORT BEACH, CALIFORNIA
(hereinafter called the Obligee)
in the sum of TEN PERCENT (10%) OF AMOUNT BID
Dollars ($ - -- ) lawful money of the United States of America, for the payment of which,
well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden
principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal for
NEWPORT ISLAND CHANNEL DREDGING - CONTRACT NO. 1731
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting
proposals therefor.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for
such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a
contract and bond for the completion of said work as required by law, then this obligation to be null and
void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed
andsealed this...... •-----28th ..... ............ ......day of ................. October ................................ ...........- ----•- -:..'49-76—:1: "-•-
PACIFIC INDEMNITY COMPANY
B 6
F. W. Trotter Attorney -In -Fact.
Form CI05 Rev. F IOM 272
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Bond. No. "U-0l74 C
..........
PACIFIC INDEMNITY COMPANY
HOME OFFICE. LOS ANGELES. CALIFORNIA
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, That we, SNELN.NARER, INC.
(hereinafter called the principal), as principal, and the PACIFIC INDEMNITY COMPANY, a corporation
organized and doing business under and by virtue of the laws of the State of California, and duly licensed
for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of Cal N'orsls , as Surety, are held and firmly bound unto
CITY OF IIWW 9111tH, CALIFORNIA
(hereinafter called the Obligee)
in the sum of TO ftfttlff 1140 OF AMOUNT DID
Dollars ($ ) lawful money of the United States of America, for the payment of which,
well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden
principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal for
NOPM ISLAND CHANNEL DREDGING - CONTRACT W. 1731
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting
proposals therefor.
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for
such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a
contract and bond for the completion of said work as required by law, then this obligation to be null and
void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed
and sealed this------------- #0........................day of ................. ilCr ................................................. _ ....... 19A......----
SIB IMAKER. INC.
PACIFIC INDEMNITY COMPANY
F. Y. Trot"r
Form C105 Rev. F 10M 272
Attorney -in -Fact.
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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
thi s ),7W-day
19 7� .
sworn to before me
of
e )LL
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SHELLMAK�E-R, M
By: t l t '— �e���
William L. Harris
Vice President
x1
•
STATEMENT OF FINANCIAL RESPONSIBILITY
• Page 6
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.
Signed
a i
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.
1976
Oceanside Harbor
Corps
of
Engineers
1976
North Island Naval Air
Stn. U. S.
Navy, San Diego
1976
Santa Cruz Harbor
Corps
of
Engineers
1975
Ventura Marina
Corps
of
Engineers
1975
Petaluma River
Corps
of
Engineers
1975
Santa Barbara Harbor
Corps
of
Engineers
1975
Storm Drain Outlets
City of Newport Beach
1975
Santa Cruz Harbor
Corps
of
Engineers
1974
Morro Bay
Corps
of
Engineers
1974
Santa Cruz Harbor
Corps
of
Engineers
1974
Noyo River
Corps
of
Engineers
1974
Sunset Regional Aquatic
Park County
of Orange
1974
Grand Canal
City of Newport Beach
1974
Ventura Harbor
Corps
of
Engineers
1974
Eureka Harbor
Corps
of
Engineers
1973
Sacramento Barge Canal
Corps
of
Engineers
1973
Alameda Creek
Corps
of
Engineers
1973
Santa Cruz Harbor
Corps
of
Engineers
1973
Marina del Rey
Corps
of
Engineers
Prior to
1973, Shellmaker, Inc, has
done more
than 200 jobs for
the Corps
of Engineers, State of California,
and various
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By +he Cj Y CUU6*;1L
CITY, go, NEWlVT " CH
RESOLUTION NO. R 92.q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING A CONTRACT TO
SHELLMAKER, INC. IN CONNECTION WITH THE DREDGING
OF WEST NEWPORT CHANNEL, CONTRACT NO. 1731
WHEREAS, pursuant to the notice inviting bids for
work in connection with the dredging of West Newport Channel,
in accordance with the plans and specifications heretofore
adopted, bids were received on the 28th day of October,
1976, and publicly opened and declared; and
WHEREAS, it appears that the lowest responsible
bidder therefore is Shellmaker, Inc.;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the bid of Shellmaker, Inc.
for the work in the amount of $39,725.00 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 8th day of November
ATTEST:
City Clerk
1976.
DDO /bc
11/2/76