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HomeMy WebLinkAboutC-1748 - Balboa Island Alley improvements 1975-76WN F MAR 8190 By i6 CITY CO:.,"C:..,. TO: CITY COUNCIL FROM: Public Works Department March 8, 1976 CITY COUNCIL AGENDA ITEM NO. H -12 SUBJECT: ACCEPTANCE OF ALLEY IMPROVEMENTS - BALBOA ISLAND, 1975 -76 (Contract No. 1748) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the improvement of two alleys on Balboa Island has been completed to the satisfaction of the Public Works Department. Bid price $17,819.25 Amount of unit price items constructed 17,289.23 Amount of change orders None Total contract cost 17,289.23 Funds were budgeted in the Annual Street and Alley Program (Account No. 02- 3375 -014) The design engineering was performed by the Public Works Depart- ment. The contractor is Markel Cement Contracting, Inc. of Costa Mesa, California. The contract date of completion was February 20, 1976. The work was completed on February 17, 1976. oseph T. Devlin ubl i c klo)ks Director G D:jd d A DEC 2 21975 RESOLUTION NO. 8 6 6 '7 By fhe CITY COUNCIL CITY 0" 0"O"T MACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR ALLEY IMPROVEMENTS, BALBOA ISLAND 1975 -76, CONTRACT NO. 1748 WHEREAS, pursuant to the notice inviting bids for work in connection with alley improvements, Balboa Island 1975 -76, in the City of Newport Beach, in accordance with the plans and specifications heretofore adopted, bids were received on the 9th day of December, 1975, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is Markel Cement Contracting, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Markel Cement Contracting, Inc. for the work in the amount of $17,819.25 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 22nd ATTEST: City Clerk day of December , 1975. DDO /bc 12/19/75 D «.L 1975 December 22, 1975 By r(,v - %JUNQIL CITY COUNCIL AGENDA CITY 01� 4WW0047 REACF) ITEM NO. G -3 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ALLEY IMPROVEMENTS -- BALBOA ISLAND, 1975 -76 (Contract No. 1748) RECOMMENDATIONS: 1. Reject the bid received from Bullsaki Framers. 2. Adopt a resolution awarding Contract No. 1748 to Markel Cement Contracting, Inc. for $17,819.25, and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: Three bids were received and opened in the office of the City Clerk at 10:30 A.M. on December 9, 1975. Bidder Amount Bid 1. Markel Cement Contracting, Inc., Costa Mesa $17,819.25 2. N.D.L. Cement Contractor, La Habra 23,749.00 3. Bullsaki Framers, Newport Beach 29,433.75 Bullsaki Framers has only a "B" classification State contractor's license. The Contractor's State License Board has indicated that a "B" license classification does not qualify a contractor for bidding this type of construction. The low bid is 13.6% less than the engineer's estimate of $20,626. This project provides for reconstruction of two alleys on Balboa Island. City forces have replaced the concrete sewer mains and laterals in these alleys. Funds have been provided for this work in the Annual Street and Alley Pro- gram, Budget Number 02- 3375 -014. The low bidder has satisfactorily performed similar work for the City in the past. The estimated date of completion is February 20, 1976. The plans and specifications were prepared by the Public Works Department. An exhibit is attached showing the locations of the project. l J seph T. evlin l P blic Works in � B:jd Att. fl Dot Q O N H Z J�<uj a � � of WWaw co J J a 1: U`i 4 .75 By 'i:;3 Z;: i : e"'OU 4.' "!L TO: CITY COUNCIL November 24, 1975 CITY COUNCIL AGENDA ITEM N0. H -9 FROM: Public Works Department SUBJECT: ALLEY IMPROVEMENTS - BALBOA ISLAND 1975 -76, C -1748 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 10:30 a.m. on December 9, 1975. DISCUSSION: This project provides for reconstruction of two alleys on Balboa Island. City water and sewer crews have replaced the concrete sewer mains and laterals in these alleys. The estimated cost of the work is $20,600. Funds have been provided in the Annual Street and Alley Program, Budget Number 02- 3375 -014. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is February 20, 1976. An exhibit is attached showing the locations of the project. Joseph Devlin Public ks Director --/AB : hh Attachment 2G= b v '1l V , i fl i • - �Z1J� - -- �7..'l Cll �I a "mss ,o Q O N F- z J oW LU ~_ cc a ^. V WW< p] J J Q O k CALIFORNIA COUNTY OF_ ......... _ .oFa11$e ..................... 1 as. On this ..... 901. ...... day ofDeCeIO 9K......_.._..in the.year one. Dmwnmm�mmnlmmmpummme� ,y�,i,iyn�mimmnnnm' OFFICIAL SEAL D. CAROL LEAVITT • NOTARY Pu811C-CALIFORNLa PRINCIPAL O/i1Ct IN ORANGE COUNTY C0mMbtton EWr" June 20. 1978 c IINIYIIn.IIYI� nine hundred and.. Seventy -f iyE..__.. before me, Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared ........ F. ..... Harned --- Davin ............... known.to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Cony, the Corporation described in and that executed the within instrument, and also known to me to be the person...... who executed it on behalf of the Corporation therein named, and ......he....., acknowledged to me that such Corporation executed the same. l►/� �/�/6,r I have hereunto set my hand and affixed my Official Seal, at my office, in the said County, the day and year in this certificate first above wrrtleo. My Commission will Expire ...... ....... ................................... Ps" 84667 -41 PdnW In U. S. A; 3-'67 Notary Public in said for said Comry, State of Caliromia •.e ....0 ..:.Si u.La1 _ `I .. ��_+•.�6..'.. ... ..r �•- -ae... n_�.?_.. -.• y�...a. -� ggsw r' March 26, 1976 Markel Cement Contracting Company P. O. Box 1936 151 Commercial Way Costa Mesa, CA 92626 Subject: Surety Hartford Accident and Indemnity Co. Bonds No. 500 5339 Project Alley Improvements, Balboa Island 1975 -74 Contract No.: 1746 The City Council on March S. 1976 accepted the Work of subject' project and authorised the.City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion Was filed With the Orange County Recorder on March 10, 1976, in Book 11669, Page 625. Please notify your surety company that bonds may be released 35 days after recording date. Doris George A&tdmq City Clerk awk cc: Public Works Department PLEASE R-TURN 10: R�CQ A �g CITY CLERK PUFS � 9 1058,4 c;n c:- :: 'V" ?alu FZACi ar EXEMPT NEY'P� %71--QCN, CALIF. 92660 NOTICE OF COMPLETION PUBLIC WORKS A 116155% 625 LRECORDED FFICIAL RECORDS UN TY; CALIFORNIA AR 10 1976 LE, Canty Recorder To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on the Public Works project consisting of Twnlhn rAInnel17� P J g` Allah Tm�rnvPmantu� Ralhna Tsl and] 1Q7 S_76 on which Markel Cement�oatrar *��g�..pn=y was the contractor, and Hartford Accident and Tndemnity Cn_ was the surety, was completed. V ERIFICATIf I, the undersigned, say: CITY OF NEWPORT BEACH 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 March 9, 1976 at Newport Beach, California. r V ERIFICA I, the undersigned, say: Acting I am the /City Clerk of the City of Newport Beach; the City Council of said City on March R, 1976 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 MArrh 9, 1976 at Newport Beach, California. 0 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd Area Code 714 673 -2110 Date: Mareb 9. 1976 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 Ailey Improvements, Balboa Island, 1975 -76 Contract No. 1768 on which Martr.t C.�m.wt. nentraetifte r& on3E was the Contractor and sy Una.1 was the surety. Please record and return to us. LL: Encl. Very truly yours, Laura Lagios City Clerk City of Newport Beach CITY WEWPORT BEACH - PUBLIC WORKS OWTMENT MEMO TO: i Ty Ct ell[- Date .'fAw�yavl`I "1�!`►ilo FROM: At bp, m ac-, SUBJECT: 3rvtP2o�/fvnturs ^PJ/Lt.Y3OA JS�A -+�� C -1148 Copies To: Fi.L. g r�y^��+ Si g7fed i PUT IT IN WRITING . . . . . . 'WRITTEN MESSAGES SAVE TIME AND AVOID ERRORS TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1.748 Project AUW byeawarAfts - Balboa I♦IMd# 2975 -76 Attached is sig Contractor: Address: Amount: $ Effective Date: Resolution No. ned copy of subject contract for brace Hwdaal Own* owtvaotime Xw. P. O. HOU 1936. Onta ftaa, CA 92626 17819.23 1-9-76 8667 i Laura Lagios LL-dg Att. cc: Finance Department I VERIFICATION OF INSURANCE f- CITY OF NEWPORT BEACH TO: C/O City Clerk 3300 Newport Blvd. Newport Beach, Calif. 92660 J We, the undersigned, hereby certify that the following described insurance is in force at this date, of which is insured with Underwriters at Lloyd's, London is insured with Certain Insurance Companies, London, England 100 % is insured with MISSION INSURANCE COMPANY Name of Assured: MARKEL CEMENT CONTRACTING, INC. Address of Assured: P.O. BOX 1936 COSTA MESA, CALIF. Location of Risk: Kind of Insurance: UMBRELLA LIABILITY Policy or Certificate No: M 830340 Period: 1 YEAR From: APRIL 1, 1975 RECEIVED `C PUBLIC WORKS JAN 6 19761-. Cm OF L fF ". / To: APRIL 1, 1976 Limits of Liability: $1,000,000 EXCESS OF UNDERLYING INSURANCE OR DEDUCTIBLE OR DEDUCTIBLE AMOUNT. NAMED AS ADDITIONAL INSURED, BUT ONLY AS RESPECTS TO OPERATIONS OF THE 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 assured, nor does it modify in any manner the contract of insurance between the Assured and the Underwriters. Any amendment, change or extension of such contract can only be effected by specific endorsement attached thereto. For particulars concerning the limitations, conditions and terns of the coverage you are referred to the original Policy or Policies in the possession of the Assured. The undersigned will have no responsibility to give notice of cancellation of this insurance except to the extent spe- cifically provided herein, nor are we Insurers, however Insurance has been effected by Sayre & Toso, Inc. 30 DAY NOTICE OF CANCELLATION SAYRE & TOSO, INC. Dated at ORANGE, CALIFORNIA PECEgBER 29, 19 q-&-_ By ,/ ,aT 524 -0 112 -e81 P.A. PRAGER - TRANS REPUBL . 0 S ANGELES SAN FRANCISCO - PORTLAND - SEATTLE D_EN.VER Hi :;; °- ;����� -Y L -929 ED. 20F9 (SET) - - Q L.929111 ED. 2/73 I11GLE.1 RELIANCE 1 INSURANCE COMPANY CERTIFICATE OF Philadelphia, PA INSURANCE UNITED PACIFIC 6 INSURANCE COMPANY Home Office— Tamma, Wash. Administrative Offices — Philadelphia, PA Coverage is provided in the Company des- �t ignated by Number. Each is a Stock Incur ante Company, herein called the Company. This Certificate is mailed to: F ity of Newport Beach THIS CERTIF I ES that the Company indicated above has issued, C/O City Clerk to the insured named herein, policies of insurance which provide 3300 Newport Blvd. coverage as indicated below. Such policies are subject to the pro - Newport Beach, Calif. 92660 visions, conditions and limitations contained therein.ThisCertif- THE ABOVE IS NAMED AS "ADDITIONAL INSURED" BUT Irate Insurance does not in any way amend, extend, alter or �rs� vary the coverage afforded by the policy or policies referred to LONLY AS RESPECTS TO OPERATIONS URED. herein. It is simply a synopsis or summary of the actual insurance contract. The Insurance Company indicated above will make every effort to give written notice by regular mail to the above named holder of this Certificate of any material change in or cancellation of these policies, but assumes no liability for failure to do so or for any error. HAZARDS POLICY EXPIRATION BODILY INJURY LIABILITY LIMITS PROPERTY DAMAGE LIABILITY LIMITS EACH OCCURRENCE EACH OCCURRENCE AGGREGATE NUMBER DATE E Premises— Operations LP327 665 411/76 $500,000 ;lop_OOO N E Escalators x x x R A Sub -let Operations LP3275665 4/1176 $500,000 1 OW) L Products — including Aggregate Limit: L I Completed Operations LP3275665 411176 A B Contractual —As L described below V I This coverage is provided under: JaComprehensive, ❑ Schedule Policy HAZARDS POLICY EXPIRATION BODILY INJURY LIABILITY LIMITS PROPERTY DAMAGE LIABILITY LIMITS EACHPERSON EACH OCCURRENCE EACH OCCURRENCE AGGREGATE NUMBER DATE A U Owned Automobiles x x x T 0 Hired Automobiles It u n It n x X x M O Non -Owned Automobiles n n u u n x x x B I L This coverage is provided under: FMI Comprehensive, ❑ Schedule Policy Workmen's Compensation 'WC 4­91 74 251 Compensation— Statutory Limit E.L. Limit: $ a a Burglary Form: Amount Name of Insured and Address: Markel Cement Contracting, Inc. P.O. BOX 1936 -I Costa Mesa, Calif. RECEIVED � =�, Location of Risk and Description of Operations: R1( JAC6 ALLEY IMPROVEMENTS - BALBOA ISLAND 1976. 1975-'76 Oer OF CAUf, J Description of Specific Contract(s) for which Certificate is issued (Indicate Types of Agreements, Party or Parties, and Dates): N �:_ CONTRACT # 1748 By Authorized ntative: L -929 ED. 20F9 (SET) - - Q L.929111 ED. 2/73 I11GLE.1 CITY OF NEWPORT BEACH CERTIFSE OF INSURANCE FOR CONTRACT WOOFOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. 1748 MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE Project Description:ALLEY IMPROVEMENTS - BALBOA ISLAND, 1975 -76 This is to certify that the UNITED PACIFIC of insurance has issued to ddress of I the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. Coverage ol cy o. o icy Term Limits of Liability Each Occurrence (Minimum: Aggregate (Minimum: $500,000) $ 500,000 Protecti, $1,000,000 Products $ 500,000 Contracti HOW C MPLETE INFO TION BELOW Policy No. COMPREHENSIVE LIAB. Combined Single From:4 /1/75 $ 100,000 Protecti Limit Bodily Injury P3275665 $— TUff-MU— Products or Property Damage To: 4/1/76 $500,000 $_TGU_Ol_Contract Each Occurrence This policy includes at least the following coverages: re ial ) to aal a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder Named above. b. Owned; Htred and Non =Owned Automobiles. - c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. co e. Explosion and Underground Hazards (when applicable). rJ f. Personal Injury Hazards. ECEIVED Y� g. Broad Form Property Damage. IC h. Marine or Aviation (when applicable). FORKS Name of Agency or Broker: E 197641.. .� Address of Agency or Broker: Telephone No. Countersigned NEWPORT Effective date of this endorsement: 12/29 19_Z.E_, Endorsement No 19 CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR ALLEY IMPROVEMENTS - BALBOA ISLAND 1975 -76 Approved by the City Council this 24th day of November 1975. v1 ae— a- -a-7 Laura Lagios,, City Clyrk CONTRACT NO. 1748 SUBMITTED BY: MARKEL CEMENT CONTRACTING, INC. Contractor P.O. Box 1936 151 Commercial Wav Address Costa Mesa California 92626 City Zip Code NoN -0 P one 568 17.819. ota Bid 25. 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 9th day of December , 19 75, at which time they will be opened and read, for performing work as follows: ALLEY IMPROVEMENTS - BALBOA ISLAND 1975 -76 CONTRACT NO. 1748 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 t e Co_rPorate Seal shall b�ixed to aTl�cuments re— q�uir g signatures. In the case of a ar>s 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.) i • Page la The City has adopted the Standard S ecifications for Public Works Construction (1973 Edition) as prepare y t e Sout ern California Chapters of the AmericTn Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -10 -73 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. i 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. 287 486 Classification C -8 Accompanying this proposal is B'd Ws Certifie Check, Cashier'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. 646 -0568 Phone Number 12 -8 -1975 Date _,A "rLsC,MENNT CONTRACTING. INC. (SEAL) s/Cha l Authorize Me ure Authorized Signature Cnrnnratinn 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: i • 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. Demolition & Grading CBS 1122 Liberty Lane, Anaheim 2. 3. 4. Engineering Don Stevens Eno.. 1828 Fullerton Ave.. Costa Mesa 5. 6. 7. 8. 9. 10. 11. 12. S /Charlie Markel Authorized Signature Corporation Type of Organization (Individual, Co- partnership or Corp.) rnqta MAqA_ Cal 92626 ddress 0 ORIGINAL SEE CITY CLERK'S FILROPY Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, MARKEL CEMENT CONTRACTING, INC. , as Principal, and HARTFORD ACCIDENT AND INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Amount Bid Dollars ($ 10% amt. bid ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves; jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of ll, , ,,. , „ 1, mrb: 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 9th day of December 1975 . . Corporate Seal (If Corporation) MARKEL CEMENT CONTRACTING INC Principal (Attach acknowled ement of Attorney -in -Fact D. Carol Leavitt, Notary Public HARTFORD ACCIDENT Nan TNpFmNITY COMPANY Commission Expires June 20,.1978. Surety BY q/'_ Harried navic Title Attorney -in -Fact • 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. this Rth day of December , S /Charlie Markel S /Jeanne E. Achtien Notary Public FOR ORIGINAL SEE CITY CLERK *ILE COPY Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. On file with City Clerk. S /Charlie Markel Signed Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. Over 1,450 Public and Private Works Jobs in the past six years. S/Charlie Mar igrte EXECUTED IN DUPLICATE* PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That No. 500 53 39 Page. 10 Premium: $89.00 /Term WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted December 22, 1975 has awarded to MARKEL CEMENT CONTRACTING, INC. hereinafter designated as the "Principal ", a contract for Alley Improvements- - Balboa Island 1975 -76 (Contract No. 1748) in the City of Newport Beach, in strict conformity with the drawings and specifications and other contract documents now on file in the office of the City Clerk of the City of Newport Beach. WHEREAS, said Principal has executed or is about to execute said contract and the terms whereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Narkel Cement Contracting, inc- as Principal, hereinafter designated as the "Contractor ", and As Surety, are held and firmly bound unto the City of Newport Beach, in the sum of & 21,100 Seventeen Thousand Eight Hundred Nineteen Do ars ($ said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,.his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. I 6 i Page 11 (Performance Bond - Continued) And said Surety, for value received, hereby stipulates and agrees . that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this insthument has been duly executed by the Principal and Surety above named, on the 22nd day of December , 19L7_5. vsr e e L {ocan/• ontrac or kaeai� Surety I STATE OF CALIFORNIA ( ss. COUNTY OF ................. O.xang9.................... On this ....... 22Ra „day of..D9;;.9.I1beT .......... in the year one thousand nine hundred and..Seventy- five_... , before me, .............................. D . ...... Caral ... Leavitt ......... a Notary Public in and for said County, residing therein, duty p°I°"®"""mAmrt' ""mw"mmr * n . wmmrmmmmmro g � OFFIGAL. SEAL D. CAROL LEAVITT ire NOTARY PUBLIC- CALIFORNIA PRINCIPAL OFFICE IN •,. OR COUNTY lAY Jommission Expires June 20, 1978 nn::::::,::: ", 111,:::: u,:::,,,,u...... ,,,uu:::,.. +n..... ,:nrvununu:::n commissioned and sworn, personally appeared......BeI*Y... L.,, YOSt known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and also known to me to be the person...... who executed it on behalf of the Corporation therein named, and ......he...... acknowledged to me that such Corporation executed the same. "�/ 9.iL (. itnS & (d]M&4, I have hereunto set my hand and affixed my Official Seal, at my office, in the said County, the day and year in this certificate first above written. . My Commission will Expire ................ ............................... Form S- 3663 -0 Printed iu U. S. A. 3 -'67 ....................... .............. Nom, Public in and foc said County. State of Catifot. is EXECUTED IN DUPLICATE Id No. ._500 53 39 Page.8 LABOR AND MATERIAL BOND Premium Included in Perfor- mance Bond . KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted December 22, 1975, has awarded to MARKEL CEMENT CONTRACTING, INC: hereinafter designated as.the "Principal ", a contract for Alley Improvements- - Ralhnn Island 1975 -76' (Contract No. 1748) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a.bond.with said contract, providing that if said Principal or any of,his or its subcontractors, shall fail to pay for any materials, provisions, provender,, or other supplies or teams used in, upon,.for,.or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set.forth: NOW, THEREFORE, We Markel Cement Contracting, Inc. as Principal, hereinafter designated as the Contractor and Hartford Accident and Indemnity Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of redone and_63 /100Dollars ($8;909:63----- - - - - -- said sum being one -half of the estimated amount payable by the City of Newport Beach under -the terms of the contract, for which payment well and truly to be made we bind ourselves, our.heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION.IS SUCH, that if the person or his subcontractors, fail to pay for,any materials, provisions, provender,. or other supplies or teams, used in, upon, for, or about the performance.of the work contracted to be done, or for.any other work or labor thereon of any.kind or for amounts due.under the Unemployment Insurance Code with respect to such work or labor, that the Surety or.Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee., to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. 4 • Page 9 (Labor and Material Bond - Continued) This bond shall inure to the benefit of any and all persons, companies, and corporation entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And the said Surety, for value 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 contractor 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 22nd day of December , 1915_. Ms ntractin¢_ Inc(Seal).;, _�Sealy' _ Contractor (Seal) ApprMfa 'dye This bond was approved by the City Council of the City of Newport Beach by motion on ae Attest: City Clerk t STATE OF CALIFORNIA ss Oran a . t COUNTY OF. ..............._.... .....5......._........_........ On this. 22�.......day of DeCembeT ...in the year one thousand nine hundred and .... SEVeAty —fiVe before me, D. Carol Leavitt a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared.... Becky L. Yost ............................. known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Wrxunrrrnan,,,,,m,,,,n,mnn n ... ,,,a� Company, the Corporation described in and that executed the within instrument, and OFFICIAL SEA! �w�a0-� also known to me to be the person...... who executed it on behalf of the Corporation D. CAROL LEAVITf therein named, and ......he...... acknowledged to me that such Corporation executed the NOTARY PUBL!C'CALIFORNIA ? PRINC IPAL OFFICE IN Same. ' ORANGE COUNTY /. 1��F„n�f �r. ;fission EORANs June W.[L[lLaa. W /ur/er+/(r..r I have hereunto set my hand and affixed my mnuuanucinunnnnwlininu ::uuu,u,xmruZ�mur �8J . Official Seat, at my office, In the said County, the day and year In this certificate first above written. 1 't'4y Commission will Expire ................. ............................... .. ..%G.c..c.i`9 For. 8- 3663 -0 Printed in U. S. A. 3-'67 Notary Public in and for said County, State of California Page 12 CONTRACT THIS AGREEMENT, made and entered into this -1TH day of � J/y u h Y , 191±9 by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and MARKEL CEMENT CONTRACTING, INC. hereinafter designated as the Contractor, party of the second part. WITNESSETH- That the parties hereto do mutually agree as follows° 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for the construction of Alley Improvements -- Balboa Island 1975 -76 (Contract No. 1748) and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (Except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated to•be borne by the City,,-and for well and faithfully completing the work and the whole thereof, in the manner Shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and 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 i ay r ATTEST: Markel Cement Contracting, Inc. Contractor' (SPLW - By, Pre Bye Sec etary it e -j 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ALLEY IMPROVEMENTS - BALBOA ISLAND 1975 -76 CONTRACT NO. 1748 oRnoncni To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: PR i of 3 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. 1748 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 NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 1. 7,450 Construct 6" thick P.C.C. alley pave - Square Feet ment. @ One Dollars and Sixty -Five Cents $ 1.65 _ $ 12,292.50 Per Square Foot 2. 3 Construct 6" thick P.C.C. alley Each approach over native soil. @ Three Hundred Twenty -Five Dollars and No Cents $_325.00 $ 975.00 Per Each 3. 860 Construct 8" thick P.C.C. street Square Feet pavement. @ Two Dollars and Fifty Cents $ 2 SO $ _ Per Square Foot 0 0 PR2of3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 240 Construct 4" thick P.C.C. garage Square Feet approach in alley areas. @ One Dollars and Ten Cents $ 1.10 $ 264.00 Per Square Foot 5. 160 Construct 4" thick P.C.C. sidewalk. Square Feet @ One Dollars and Ten _Cents $ 1.10 $ 176.00 Per Square Foot 6. 53 Construct variable height Type "B" Linear Feet P.C.C. curb. @ six Dollars and No Cents $ 6.00 $ 318.00 Per Linear Foot 7. 41 Construct 6" Type "A" P.C.C. curb Linear Feet and gutter. @ Seven Dollars and Twenty -Five Cents $ 7.25 $ 297 25 Per Linear Foot 8. 520 Construct 4" thick A.C. garage Square Feet approaches and joins in alley areas. @ Two Dollars and Five Cents $ 2 06 $ 1,066 nn Per Square Foot 9. 170 Construct 6" thick P.C.C. Type II Square Feet residential drive approach. @ One Dollars and Sixty -Five Cents $ 1.65 $ 280.50 Per Square Foot TOTAL PRICE WRITTEN IN WORDS: Seventeen Thnusand Fight Hundred Nineteen D011arS and Twenty -Five Cents $ 17,819.25 PR3of 3 CONTRACTOR'S LICENSE NO. 287486 TELEPHONE NUMBER 646 -0568 19 -R -1975 Date MARKEL CEMENT CONTRACTING INC. Bidder's Name S Charlie Markel Authorized Signature CONTRACTOR'S ADDRESS 151 Commercial Way, Costa Mesa, CA 92626 0 0 INDEX TO SPECIAL PROVISIONS FOR ALLEY IMPROVEMENTS - BALBOA ISLAND 1975 -76 CONTRACT NO. 1748 I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . II. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. COMPLETION AND SCHEDULE OF WORK . . . . . . . . . . . . . . . . . . . . IV. TRAFFIC CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. NOTIFICATION TO RESIDENTS . . . . . . . . . . . . . . . . . . . . . . . VI. EXISTING UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . VII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . . . . . VIII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . . . . 1. Pavement Removal, Excavation, and Subgrade Preparation . . . . . 2. Portland Cement Concrete . . . . . . . . . . . . . . . . . . . . 3. Alley Approaches . . . . . . . . . . . . . . . . . . . . . . . . 4. Adjustment of Various Walks, Landings, Fence Supports, etc. . . 5. Asphalt Concrete . . . . . . . . . . . . . . . . . . . . . . . . 6. Adjustment of Utility Boxes, Manholes, etc. to Grade . . . . . . 7. Protection of Existing Property Line Monuments . . . . . . . . . 8. Flow Diversion Around Manholes . . . . . . . . . . . . . . . . . aq'��m- Page 1 1 1 2 2 2 3 3 3 3 3 3 4 4 4 5 5 5 n 16J • SP 1 of 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR ALLEY IMPROVEMENTS - BALBOA ISLAND 1975 -76 CONTRACT NO. 1748 I. SCOPE OF WORK The work to be done under this contract consists of constructing Portland cement concrete alley pavement and approaches, constructing portland cement concrete or asphalt concrete garage approaches and sidewalk sections, adjusting utility boxes and structures to grade, and other incidental items of work. Also included is street reconstruction at the ends of various alleys. The work is located in two alleys on Balboa Island. The contract requires completion of all work in accordance with these Special Provisions, the City's Standard Special Provisions, the plans (Drawing No. A- 5075 -S), and the City's Standard Drawings and Specifications. The City's Standard Specifi- cations are Standard S ecifications for Public Works Construction, 1973 Edition. Copies may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, Telephone: (213) 870 -9871. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased from the Public Works Department at a cost of $5. II. GUARANTEE The contractor shall guarantee for a period of one year, after acceptance of the work by the City Council, all materials and all workmanship against any defects whatsoever. Any such defects shall be repaired at the contractor's expense. III. COMPLETION AND SCHEDULE OF WORK The contractor shall prepare a written schedule of work incorporating the follow- ing requirements: 1. All work shall be completed in the Balboa Island alleys by February 20, 1976. 2. Sixteen (16) consecutive calendar days will be allowed for removals and to construct the Portland cement concrete pavement in each alley and the alley approach at each end of the alley. The alley approach shall be considered to include the adjacent portion of the street pavement to be reconstructed. Also included in this time will be the completion of P.C.C. garage approaches and sidewalk, the A.C. garage approaches and feather joins.. In summary, the above requirements mean that the contractor will be allowed a maximum of sixteen (16) consecutive calendar days to complete all the construc- tion work in each alley. The periods specified for construction work include curing time for new portland cement concrete improvements. - , SP 2 of 5 This means that each alley and every garage approach with access from that alley must be returned to normal vehicular use within 16 consecutive calendar days from the day it is first closed to such use. The contractor must employ sufficient men and equipment to meet this sche4.le. If it becomes apparent during the course of the work that the contractor w - t be able to meet this schedule, he will be prohibited from starting work in A, t: nal alleys until he has exerted extra effort to meet his original schedule a4-0-has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because addi- tional men and equipment were required on the job. The contractor will be assessed $100 per day (including Saturdays, Sundays, and holidays) liquidated damages for each day in excess of the 16 consecutive calendar days allowed for 100% completion of the construction work in each alley and the alley's return to normal vehicular use. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications, shall be assessed for failure to complete the project by February 20, 1976. The intent of this section of the Special Provisions is to emphasize to the con- tractor the importance of prosecuting the alley construction in an orderly, pre - planned, continuous fashion so as to minimize the time an alley is closed to vehicular traffic. IV. TRAFFIC CONTROL The contractor shall provide traffic control in compliance with Section 7 -10 of the Standard Specifications. As necessary, streets may be restricted to one traffic lane, controlled by flagmen, during construction hours; but it must be restored to two -way traffic at the end of each working day and on weekends and holidays. V. NOTIFICATION TO RESIDENTS The City will mail a preliminary notice to all residences affected by this work. Between 40 and 55 hours prior to closing a particular alley to vehicular traffic, the contractor shall distribute to each affected residence a written notice stating when construction operations will start and approximately when vehicular access- ibility will be restored. The written notice will be prepared by the City,, and the contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes, or other alterations of the schedule will require renotification using an explanatory letter. This letter will also be prepared by the City and distributed by the contractor. VI. EXISTING UTILITIES The contractor shall investigate and protect all existing utilities in conformance with Section 5 of the Standard Specifications. Known utilities are indicated on the Plans. Prior to performing construction work, the contractor shall be respon- sible for requesting each utility company to locate its facilities. Construction of the alley structural sections will cause work to be performed very near existing sewer and water lines and their connections. The contractor shall protect in place and be responsible for, at his own expense, any damage to any utilities encountered during construction of the items shown on the Plans. VII CONSTRUCTION SURVEY STAKING • SP3of5 Field surveys for control of construction shall be the responsibility of the con- tractor. All such surveys including construction staking shall be under the super- vision of a California licensed land surveyor or civil engineer. Staking shall be performed on all items ordinarily staked at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. VIII. WATER The contractor shall make his own provisions for obtaining and applying water neces- sary to perform his work. If the contractor desires to use available city water, it shall be his responsibility to make arrangements for water purchase by contact- ing the City's Utility Superintendent, Mr. Tom Phillips, at (714) 640 -2221. IX. PAYMENT All incidental items of work not separately provided for in the proposal shall be included in the various items of work, and no additional payment will be allowed. X. CONSTRUCTION DETAILS 1. Pavement Removal, Excavation, and Subgrade Preparation Existing portland cement concrete or asphalt concrete improvements to be removed shall be sawcut a minimum of 2 inches deep along property lines, join lines, at the locations beyond property lines as shown on the Plans, or as directed by the engineer. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. It is emphasized that edges created by other means or final removal accomplished by other means will not be acceptable, and hard blow pavement breakers, such as stompers, will not be permitted on the job. The contractor shall prepare the subgrade in conformance with Section 301 of the City's Standard Specifications. Payment for pavement removal, excavation, and subgrade preparation will be con- sidered as included in the unit prices paid for the corresponding or associated items of work. 2. Portland Cement Concrete Portland cement concrete furnished for construction of all alley pavement, street pavement, alley approaches, garage approaches, sidewalks, and curb and gutter shall have a B or C gradation and shall attain a minimum modulus of rupture of 600 psi (tested in conformance with ASTM designation: C78 -64) within 28 days after placement. Portland cement concrete shall be securely barricaded immediately after placement and no vehicular traffic will be allowed thereon until beam tests yield a minimum modulus of rupture of 450 psi. In view of the P.C.C. strength requirements described above and the schedule of work limitations described in Section III of these Special Provisions, the con- tractor may find it necessary to add additional cement, use special aggregates, • SP4of5 or use admixtures to meet the specifications. The intent of these Special Provisions is that the contractor prepare his bid in conformance with these strict limitations.and no additional compensation will be allowed for the extra materials that may be required to meet these conditions. The contractor will be permitted to use concrete pumping methods to facilitate concrete placement. Pumping concrete through aluminum pipe will not be permitted. Overhead screeds will be required at the flow line. A 12 -inch wide smooth trowel surface shall be constructed along the flow line (centerline) of each alley. The remainder of the alley surface shall be light broom finished. All sidewalk or drive approaches that extend beyond the street or alley right - of -way shall have a cold joint or if placed monolithic a minimum 2" deep saw cut within 24 hours at the right -of -way line. Contact joints shall be constructed in conformance with the City of Newport Beach Drawing No. STD - 120 -L. Street joints shall be constructed where shown on the Plans. Alley joints shall be constructed in conformance with City of Newport Beach Drawing No. STD - 119 -L. Special care shall be taken to locate weakened plane joints at water meter boxes, power poles, and all other critical locations. 3. Alley Approaches Portland cement concrete alley approaches shall be constructed in accordance with the City of Newport Beach Drawing No. STD -117 -L with the following ex- ceptions: (a) Portland cement concrete shall be 6 inches thick and the 4 -inch thick layer of aggregate base will not be required. (b) Curb return radii shall be 5 feet unless otherwise indicated on the plans or directed by the engineer. 4. Adjustment of Various Walks, Landings, Fence Supports, Etc. Brick, flagstone or other miscellaneous walks not constructed of portland cement concrete or asphaltic concrete shall be adjusted to the new alley grades. Variable height 2 -inch redwood header fence supports will be in- stalled where support is required at existing fences as indicated on the Plans. 5. Asphalt Concrete Asphalt concrete furnished for construction of 4 -inch thick pavement and variable thickness feather join shall be Type III -D -AR -4000 in conformance with Section 400 -4 of the Standard Specifications. A tack coat shall be applied in accordance with Subsection 302 -5.3 of the Standard Specifications. The cost of the tack coat shall be included in the unit price bid for the associated asphalt concrete. SP5of5 Adjustment of Utility Boxes, Manholes, Etc. to Grade All sewer manholes, water valve boxes, sewer cleanouts, water meter boxes, and any other miscellaneous utility boxes shall be adjusted to finish grade prior to placement of Portland cement concrete. In the event the utility box or structure is located in an area to be improved with asphalt concrete, adjustment to finish grade shall be made after the asphalt concrete pavement has been placed in a manner similar to that described in Section 302 -5.7 of the Standard Specifications. No separate compensation will be allowed for this work. Protection of Existing Property Line Monuments Many property lines are designated by "iron pipe and tag" as shown on the plans. Special care shall be taken during removal not to disturb the pipe location. Any monuments removed or dislocated during construction shall be restored by the contractor at his expense. Flow Diversion Around Manholes The cost of constructing flow diversion channels around manholes at various locations as indicated on the Plans shall be included in the unit price bid for constructing portland cement concrete alley pavement and no additional compensation will be allowed. RESOLUTION NO. 8 6`37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR ALLEY IMPROVEMENTS, BALBOA ISLAND 1975 -76, CONTRACT NO. 1748 WHEREAS, pursuant to the notice inviting bids for work in connection with alley improvements, Balboa Island 1975 -76, in the City of Newport Beach, in accordance with the plans and specifications heretofore adopted, bids were received on the 9th day of December, 1975, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is Markel Cement Contracting, Inc.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Markel Cement Contracting, Inc. for the work in the amount of $17,819.25 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 22nd ATTEST: City Clerk day of December , 1975. yor DDO /bc 12/19/75 0 0 l O a r E L T Ir w La 2 z W u x rn r 1t � I n 4C Z I M NIP iz p V z 41 z of $pI ,I of N 81 $1 01 $1 u N 6N, I n1d N 1 � 6 S �2n1 to %I 1L 'L O O. 00 cr d N, thr e v Y v W a.� . a a 1 ° ! ° toc�a'oi V N Q4 r 1 a-' seoav >;, -s t d u x rn 1 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR ALLEY IMPROVEMENTS - BALBOA ISLAND Approved by the City Council this 24th day of November 1975. Laura Lagios, City C. rk 1975 -76 CONTRACT NO. 1748 SUBMITTED BY: Markel Cement Contracting, Inc. Contractor 70 t�u~- t -� 3 fo 151 Commercial Way Address Costa Mesa, Calif. 92626 City Zip Code 646 -0568 Phone $17,819.25 Total Bid Price _t Page la The City has adopted the Standard Specifications for Public Works Construction (1973 Edition) as prepared by the Southern California Chapters o t e erican Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc.,'3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -10 -73 i 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 9th day of December , 19 75, at which time they will be opened and read, for performing work as follows: ALLEY IMPROVEMENTS - BALBOA ISLAND 1975 -76 CONTRACT NO. 1748 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 b� retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required an the Cor orate Seal shall be affixed to all documents re— qu ring 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.) 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. 287 486 Classification C-8 Accompanying this proposal is Bid Bond (Cash, Certified C ec ,, Cashier'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. _ 646 -0568 Phone Nu er 12 -8 —'75 Date Markel Cement Contracting, Inc. Bi dd nee - S utiorize Sign ure Authorized Signature i�iorporati on 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: u_ . -. 0 0 MOW- 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. Demolition & Grading CBS 1122 Liberty Lane, Anaheim 2. Asphalt Paving Jerry Cross Paving Co., Inc. 3 151 Commercial Way, Costa Mesa 4. 5. 6. 7. 8. 9. 10. 11. 12. Don Stevens Eng. 1828 Fullerton Ave., Markel Cement Conttacting, Inc. Bidder's Name ut rize ignature Corporation Type of Organization (Individual, Co- partnership or Corp.) 151 Commercial Way Costa Mesa, Calif. 92626 Address Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, AttacbaA Bid Barad) , as Principal, and , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of liars ($ ), 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 day of 19 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) By Title ncipa Surety 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 thi $th_day Of Dpcpmbpr , 19r . my commission expires: L13, 19 7 f �. f —� Notary Public 1,0 :OFFICIAL SEAL JEANNE E. ACHTIEN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires June 13, 1978 Page 6 I STATEMENT OF FINANCIAL RESPONSIBILITY I The undersigned submits herewith a statement of his financial responsibility. Available upon award of Contract. I igned n u n 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. Over 1,450 Public and Private Works Jobg the pest Rix XeB=a _r 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ALLEY IMPROVEMENTS - BALBOA ISLAND 1975 -76 CONTRACT NO. 1748 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 of 3 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. 1748 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 7,450 Construct 6" thick P.C.C. alley pave - Square Feet ment. @ One Dol l ars and Sixty Five Cents $-1.65 $ 12,292.50 Per Square Foot 2. 3 Construct 6" thick P.C.C. alley Each approach over native soil. C12hree Hundred Twenty Five Dollars and No----------------- - - - - -- -Cents $325.00 � $ 975.00 Per Each 3. 860 Construct 8" thick P.C.C. street Square Feet pavement. @ Two _ Dollars and Fifty Cents $ 2.50 $ 2,150.00 Per Square Foot • • PR of ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 4. 240 Construct 4" thick P.C.C. garage Square Feet approach in alley areas. @ One _Dollars and Ten Cents $ 1.10 $ 264.00 , Per Square Foot 5. 160 Construct 4" thick P.C.C. sidewalk. Square Feet @ One Dollars and Ten Cents $ 1.10 $ 176.00 ✓ Per Square Foot 6. 53 Construct variable height Type "B" Linear Feet P.C.C. curb. @ Six Dollars and No---------------------- -bents $ 6.00 $ 318.00 -. Per Linear Foot 7. 41 Construct 6" Type "A" P.C.C. curb Linear Feet and gutter. @ Seven Dollars and Twenty Five Cents $ 7.25 $ 297.25 Per Linear Foot 8. 520 Construct 4" thick A.C. garage Square Feet approaches and joins in alley areas. @ Two Dollars and Five Cents $ 2.05 ✓ $1,066.00 Per Square Foot 9. 170 Construct 6" thick P.C.C. Type II Square Feet residential drive approach. @ One Dollars and Sixth Five Cents Per Square Foot TOTAL PRICE WRITTEN IN WORDS: Seventeen Thousand Eight Hundred NineteeriDollars and Twenty Five ✓Cents I $ 1.65 :./ $ 280.50 $ 17,819.25 td CONTRACTOR'S LICENSE NO. 287486 TELEPHONE NUMBER 646 -0568 12/8/'75 • PR3of 3 CONTRACTOR'S ADDRESS 151 Commercial Way, Costa Mesa, Ca. 92626 SURETY DEPARTMENT • . BOND No. 399 39 85 HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartford Plaza Hartford, Connecticut 06115 (A Stock Company) BID BOND Know All Men By These Presents, That we, Markel Cement Contracting, Inc. as Principal, hereinafter called the Principal, and the HARTFORD ACCIDENT AND INDEV'INITY COfiIPANY, a corporation created and existing under the laws of the State of Connecticut, whose principal office is in Hartford, Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Newport Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of AmountBid----------------------------------- - - - - -- ------------------------------------ --------- ------- - - - - -- Dollars($ 10% amt bld 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 Alley Improvements Balboa Island, Contract X61748 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 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 ....... .. .... ..... 9. th .......... ....... _ --- ........... day of ........... December ... ............... ____.A. D. 19._7.5. Witness .... ..._...._...._.......... ___............. ........ .. ...... ..........._........ Marke.l...Cem n Cont ...a .t' g,...InekSEAL) (I( Individual) (Pri ,/'� By.... ................... ........................:le.. (SEAL) (Title) Attest. ...... ........... .................... .........................(SEAL) .............................. (If Corporation) ............................................ ............................... (SEAL) HARTFORD ACCIDENT AND INDE \INI'I'Y COMPANY Attest........ ................ ........ ........ ......... ........ ........................ .. B �u•. ......... SEAL E. Harried Davis, AttorngfL)in -Fact t( approved by The American Institute of Architects, A. 1. A. Document No. A -310, Feb.. 1970 Edition) Form S- 3266 -3 Printed in U. S. A. 12-'70