HomeMy WebLinkAboutC-1880 - Alley Improvements and Sewer Replacement on Balboa Island & Peninsula 1976-77JL'L 11 1977
6y the CITY COT 40 CH
CITY OP W**P R
TO: CITY COUNCIL
FROM: Public Works Department
July 11, 1977
CITY COUNCIL AGENDA
ITEM NO. H -9
SUBJECT: ACCEPTANCE OF ALLEY IMPROVEMENTS AND SEWER REPLACEMENT ON
BALBOA ISLAND AND BALBOA PENINSULA, 1976 -77 (C -1880)
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 alley improvements and sewer replacement on Balboa
Island and Peninsula has been completed to the satisfaction of the Public
Works Department.
The bid price was $124,116.40
Amount of unit price items constructed 131,528.00
Amount of change orders None
Total contract cost 131,528.00
Funds were budgeted in the General Fund, Street
and Alley and Sewer Accounts.
The increase in the amount of unit price items constructed was due
primarily to the need to construct appreciably longer sewer laterals than
had been anticipated. Many of the existing laterals exited the buildings and
ran parallel to the alley before connecting to the sewer main. Due to the
narrow alleys and sand soil it was not possible to excavate well in advance
of the pipe laying to correct these laterals, the result being that they
were replaced in kind.
The design engineering was performed by the Public Works Department.
The contractor is Fleming Construction of Cerritos, California.
The contract date of completion was June 26, 1977. The work was
completed on June 17, 1977.
JosepH T.) Devlin
Public rks Director
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By 'd.a arO .:.��i`a` UsV..i
CITY 0,% gi&waORT "� CH
TO: CITY COUNCIL
FROM: Public Works Department
March 28, 1977
CITY COUNCIL AGENDA
ITEM NO. H -2 (h)
SUBJECT: ALLEY IMPROVEMENTS AND SEWER REPLACEMENT ON BALBOA ISLAND
AND BALBOA PENINSULA, 1976 -77 (C -1880)
RECOMMENDATION:
Adopt a resolution awarding Contract No. 1880 to Fleming
Construction for $124,116.40, and authorizing the Mayor
and the City Clerk to execute the contract.
DISCUSSION:
Five bids were received and opened in the office of the City
Clerk at 10:30 a.m. on March 17, 1977.
Bidder Amount
1. Fleming Construction, Cerritos $124,116.40
2. John T. Malloy, Los Angeles 136,934.95
3. P. & J. Utility Co., Los Angeles 137,082.50
4. Damon Construction Co., South Gate 146,947.67
5. Sully Miller Contracting Co., Long Beach 152,605.10
The low bid is 14% higher than the revised engineer's estimate
of $108,446.
This project provides for alley reconstruction and sewer main
replacement in two alleys on Balboa Island and three alleys on Balboa
Peninsula. The attached exhibit shows the location and limits of the
project.
c Funds for this project are available in the Annual Street and
Alley Program (Budget Number 02- 3376 -014) and the Sewer Main Replacement
Program (Budget No. 02- 5597 -102).
A reference check of the low bidder indicates that Fleming
Construction is well qualified to perform the work.
The plans and specifications were prepared by the Public Works
Department.
The estimated date of completion is July 8, 1977.
Joseph T. Devlin
Public Wo s Director
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RESOLUTION NO. t q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING.A CONTRACT TO
FLEMING CONSTRUCTION COMPANY FOR ALLEY
IMPROVEMENTS AND SEWER REPLACEMENT ON BALBOA
ISLAND AND BALBOA PENINSULA, CONTRACT NO. 1880
WHEREAS, pursuant to the notice inviting bids for
work in connection with alley improvements and sewer replacement
on Balboa Island and Balboa Peninsula, in accordance with the
plans and specifications heretofore adopted, bids were
received on the 17th day of March, 1977, and publicly opened
and declared; and
WHEREAS, it appears that the lowest,responsible
bidder therefore is FLEMING CONSTRUCTION COMPANY;
NOW, THEREFORE,. BE IT RESOLVED by the City Council .
of the City of Newport Beach that the bid of Fleming Construction
Company for the work in the amount of $124,116.40 be accepted,
and that the contract for the described work be awarded to said
bidder;
BE.IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized and directed to execute a contract in
accordance with the specifications, bid and this award on behalf
of the City of Newport Beach,; and that the City Clerk be directed
to furnish an executed copy to the successful bidder.
ADOPTED this 28th day of March
Mayor
ATTEST:
City Clerk
1977.
DDO /bc.
3/28/77
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CITY OF NA'4 PORT B'':ACA-,
TO: CITY COUNCIL
FROM: Public Works Department
February 28, 1977
CITY COUNCIL AGENDA
ITEM NO. H -10
SUBJECT: ALLEY IMPROVEMENTS AND SEWER REPLACEMENT ON BALBOA ISLAND AND
BALBOA PENINSULA, 1976 -77 (C -1880)
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 March 17, 1977.
DISCUSSION:
This project provides for alley reconstruction and sewer main
replacement in two alleys on Balboa Island and three alleys on Balboa
Peninsula. The attached exhibit shows the location and limits of the
project.
The estimated project cost is $94,000. Funds are available
in the Annual Street and Alley Program (Budget Number 02- 3376 -014) and
the Sewer Main Replacement Program (Budget Number 02- 5597 -102).
The plans and specifications were prepared by the Public Works
Department.
The estimated date of completion is July 1, 1977.
h T. Devlin
c ks Director
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Al 1 ey Improvements
and
:0 Sewer Main Replacement
Balboa Island & Balboa Peninsula
"i 1976-77. C-1880
August 16, 1977
Blaming Construction
13909 Artesia Boulevard
Cerritos, CA 90701
Subject: Surety . Covenant Mutual Insurance Co.
Bonds No. : 005168
Project : Alley Improvements i Swear Replacement /Balboa Island i
Contract No.: 1880 Peninsula, 1976 -77
The City Council on July 11, 1977 accepted the work of subject
project and authorized 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 July 14, 1977 in Book No. 12289, Page 1444. Please notify
your surety company that bonds may be released 35 days after
recording date.
Doris George
City Clark
eg
cc: Public Works Department
�__`,.,� t0 RECORDING —
REQUESTED BY
20446 ! gN 1 22899 1 444
ME'A'PC1;T C, r,C`. i C; Ur.192'S3
EXEMPT
NOTICE. OF COMPLETION C12
PUBLIC WORKS
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 Alley impr
Balboa Island & Balboa Peninsula, 197b -7T
on which Fleming Construction
was the contractor, and Covenant Mutual Insurance Co,
was the surety, was completed.
s a sewer
on
CITY OF NEWPORT BEACH
r
VERIFICAT
I, the undersigned, say:
ctor
I am the Public Works Director of the City of Newport Beach; the foregoing
Notice of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 12, 1977 at Newport Beach, California.
r
VERIFICATION [OF CITY
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on July 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 July 12, 1977 at Newport E;: nia,
4_�_
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
9:05 A.M. JUL 14 1977
1. WYUE CARLYLE, Coaty Recorder
c.� J
CITY OF NEWPORT BEACH
CALIFORNIA City Hall
3300 W. Newport Blvd
Date: July 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
Works project consisting of AII&X jap rrayesart■ a ■oar .gpja .4mMt
on Balboa Island i Balboa Peninau3-p,"76- 77Contract No. 1880
on which Planing Construction _ was the Contractor
and Covenant Mutual Insurance Co. was the surety.
Please record and return to us.
Very trul, yours,
Doris George
City Clerk
City of Newport Beach
Encl.
FO
CITY OF NEWPORT BEACH
Date Apra 13, 1971
TO: Public Works Department
4 .FROM: City Clerk
"• i
)SUBJECT: Contract No.
Project
Balboa Pentaeala 1976 -77
Attached is signed copy of subject contract for transmittal to the contraci'o
Contractor:
Address: 11909 Artam4A ales_ P.J*na CA SCIM
Amount: �334�1ii.48
Effective Date: 4-13 -77
Resolution No. 00«
TTI� ..
1
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A"' Doris Geo e
1
Att.
cc: Finance Department [�
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City Hall 3300 Newport Boulevard, Newport Beach, California 92663`
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS
FOR
ALLEY IMPROVEMENTS
AND
SEWER REPLACEMENT
ON BALBOA ISLAND AND BALBOA PENINSULA
Approved by the City Council this
28th day of Febru y, 1977
o is George, City Clerk
1976 -77
CONTRACT NO. 1880
SUBMITTED BY:
FLEMING CONSTRUCTION
Contractor
13909 Artesia Blvd.
address
Cerritos, CA 90701
(213) 926 -6664
Telephone
$124,116.40
Total Bid Price
CITY CLERK
U,
0
Page 1
CITY OF NEWPORT BEACH, CALIFORNIA
NOTICE INVITING BIDS
SEALED BIDS will be received at the office of the City Clerk, City Hall, Newpport Beach,.
California, until 10:30 A.M. on the 17 day of March , 19 77,
at which time they wi'il be opened and rea ,for performing work as follows:
ALLEY IMPROVEMENTS AND SEWER REPLACEMENT
ON BALBOA ISLAND AND BALBOA PENINSULA, 1976 -77
CONTRACT NO. 1880
Bids must be submitted on the proposal form attached with the contract documents
furnished by the Public Works Department. The additional copy of the proposal form
is to be retained by the bidder for his records.
Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable
to the City of Newport Beach, for an amount equal to at least 10 percent of the
amount bid.
The title of the project and the words "SEALED BID" shall be clearly marked on the
outside of the envelope containing the bid.
The contract documents that must be completed, executed, and returned in the sealed
bid are:
A. Proposal
B. Designation of Subcontractors
C. Bidder's Bond
D. Non - collusion Affidavit
E. Statement of Financial Responsibility
F. Technical Ability and Experience References
These documents shall be affixed with the signature and titles of the persons signing
on behalf of the bidder. For corporations, the signatures of the President or
Vice President and Secretary or Assistant Secretary are required and the CCoor orate Seal
shall be of fixed to all documents requiring signatures. In the case of a ark 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. 8950 adopted December 13, 1976. A copy of said resolution is available
in the office of the City Clerk. All parties to the contract shall be governed by
all provisions of the California Labor Code relating to prevailing wage rates
(Sections 1770 -1781 inclusive). The contractor shall be responsible for com-
pliance with Section 1777.5 of the California Labor Code for all apprenticeable
occupations.
The contractor shall post a copy of the prevailing wage rates at the job site.
Copies may be obtained from the Public Works Department.
The City reserves the right to reject any or all bids and to waive any informality
in such bids.
Revised 12 -14 -76
9
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. 287035 Classification A
Accompanying this proposal is Bidder's 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.
(213) 926 -6664
Phone Number
3 -17 -1977
Date
FLEMING CONSTRUCTION
Bidder's Name
S/ Terry Fleming (SEAL)
uthorized Signature
Authorized Signature
Individual
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:
Terry Fleming - Sole Owner
E
DESIGNATION OF SUBCONTRACTORS
Page 3
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. Concrete R & R Concrete Sun Valley
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
FLEMING CONSTRUCTION
Bidders Name
S/ Terry Fleming
Authorized Signature
Individual
Type of Organization
(Individual, Co- partnership or Corp.)
13909 Artesia Blvd.
Cerritos, CA 90701
Address
FOR ORIGIO SEE CITY CLERK'S FILE COPY 0
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we, FLEMING CONSTRUCTION
and Covenant Mutual Insurance
BOND NO. BBSU
Page 4
as Principal,
as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of
Total Amount of Bid in 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,
All
That if the proposal of the above bounden principal for the construction of
and Sewer Replacement on Balboa Island and Balboa Peninsula 1976 -77
Contract No. 1880)
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 17 day of
March , 19 77
Corporate Seal (If Corporation)
FLEMING CONSTRUCTION
rincipal
Flemi
(Attach acknowledgement of
Attorney -in- Fact) )
March 17, 1977 COVENANT MUTUAL INSURANCE COMPANY
Marva J. Lyra. Notary Public Surety
Commission expires Sept. 29, 1980
BY _Barbara Blumer
Title Attorney -in -Fact
0
NON- COLLUSION AFFIDAVIT
Page 5
The bidders, by its officers and agents or representatives present at the time of
filing this bid, being duly sworn on their oaths say, that neither they nor any of
them, have in any way, directly or indirectly, entered into any arrangement or agree-
ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH
whereby such affiant or affiants or either of them, has paid or is to pay to such
bidder or public officer any sum of money, or has given or is to give to such other
bidder or public officer anything of value whatever, or such affiant or affiants or
either of them has not directly or indirectly, entered into any arrangement or agree-
ment with any other bidder or bidders, which tends to or does lessen or destroy free
competition in the letting of the contract sought for by the attached bids; that no
bid has been accepted from any subcontractor or materialman through any bid depository,
the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from
considering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman from
bidding to any contractor who does not use the facilities of or accept bids from or
through such bid depository; that no inducement or any form or character other than
that which appears upon the face of the bid will be suggested, offered, paid, or
delivered to any person whomsoever to influence the acceptance of the said bid or
awarding of the contract, nor has this bidder any agreement or understanding of any
kind whatsoever, with any person whomsoever to pay, deliver to, or share with any
other person in any way or manner, any of the proceeds of the contracts sought by
this bid.
Subscribed and sworn to before me
this 17 day of March ,
19 77
My commission expires:
June 9. 1980
S/ Terry Fleming
Catherine R. Matthews
Notary Public
FOR ORIG* SEE CITY CLERK'S FILE COPY • Page 6
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.
S/ Terry Fleming
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.
1976 Standard Oil - Grading & Pipeway supports Don Murray 213 - 322 -3450
1976 Orange Co. Sanitation - Street Work Nick DiBenidetto 714 - 540 -2910
1976 City of Costa Mesa - Street Work Mark Mayes 714 -556 -5323
treet
1976 ABC Unified School Dist. Site Improv. Ron Twyford 714 -956 -0811
1976 City of Hawthorne Street Improve. Dale Deflore 213 - 772 -3281
1976 Walnut Elementary School. -Off -Site Imp. Ron Twyford 714 - 956 -0811
1976 Environmental Man. Agy.- Street Improve. Mitz Okayama 714 - 834 -3488
Street &
1976 City of San Juan Capistrano Storm Drn. Imp. Les Jacobs 714 - 493 -1171
1976 City of Palos Verdes Street Improve. George Taylor 213- 378 -0383
1976 Ellis Avenue Storm Drain Don Bryan 714 - 926 -2424
1977 Environmental Management - Street Improve. Frank Gerber 714 - 834 -3488
1976 Woodward Company Street Work Ron Fredriguill 714 - 556 -7017
1977 Standard Oil Multiplate bridge Don Murray 213- 322 -3450
1977 City of Orange Steel work Jerry Bailey 714 - 532 -0479
S/ Terry Fleming
Signed
Page 8
LABOR AND MATERIAL BOND Bond No. 005168
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted Marrh 2R, 1477
has awarded to Fleming Construction
hereinafter designated as the "Principal ", a contract for
Alley Improvements and Sewer Replacement on Balboa Island and Balboa Peninsula 1976 -77
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 . FLEMING CONSTRUCTION
as Principal, and COVENANT MUTUAL INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
SIXTY TWO THOUSAND FIFTY EIGHT AND 20 /100 *** * * * * * * * * * ** *Dollars ($ 62.058.20 ),
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
,
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 1st day of APRIL , I9--U—.
Executed in 4 counterparts
FLEMING CONSTRUCTION (Seal)
Name of Contractor Principal
By:�...r. </ �tJn rr
uth zed gn ure and Ti e
Authorized Signature and Title
COVENANT MNTUAL INSURANCE COMPANY (Seal)
Name of Surety
260 South Los Robles, suite 214
ignature an Title o ut oo zed gent
Barbara Blumer, Attorney- in—Fact
same as above
dress of Agent
213/793 -7124 .
Telephone No. of Agent
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COVENANT MUTUAL INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby
make, constitute and appoint BARBARA BLUMFR
its true and lawful Attorney (s)-m -Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog-
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, reeognizances, consents of surety or other written obligations in the nature
thereof in an unlimited amount.
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney (s)-in-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by -laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
or all of the officers as it may in its discretion determine including, without limitation or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12, 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if
a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance,
consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal
may be affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there-
of; such signature and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
Attest: if
QilLLii rio
Assistant Secretary
STATE OF CONNECTICUT
ss:
COUNTY OF HARTFORD
COVENANT MUTUAL INSURANCE COMPANY
By
Vice Presid t
On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E.
Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut;
thatthey are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that they know the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under
the bylaws of said corporation, and that they signed their names thereto by like authority.
NotaryPubn,,
My commission expires March 31, 1976
i9: Py8LtG; 2:
° °Nyi�s�c °�: CERTIFICATION
I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, the above - quoted provisions of Section 12 of the by -laws and the resolutions of the
Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect.
Signed and sealed at Hartford, Connecticut, this 1st day of APRIL 1977
Assistant Secret y
Bond No. 005168
Fremium:$1241.o0.
Page 10
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted March 28, 1977
has awarded to Fleming Construction
hereinafter designated as the "Principal ", a contract for
lacement on Balboa Island and Balboa Peninsula 1976 -77
,VVU41 V.4 .,W• .vVV�
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond for the faithful performance of said
contract;
NOW, THEREFORE, We, FLEMING
as Principal, and COVENANT MUTUAL INSURANCE
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
ONE HUNDRED TWENTY FOUR THOUSAND ONE HUNDRED STXTM & 401 Dollars ($ 124,116.40 ),
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
,
,
• •
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 lst day of APRIL , 19 77
p , ,
,
Executed in 4 counterparts
FLEMING CONSTRUCTION (Seal)
Name of Contractor (Principal)
u # i S'
zed n ure an Tit
Authorized Signature and Title
COVENANT MUTUAL INSURANCE COMPANY (Seal)
Name of Surety
260 South Los Robles, suite 214
Pasadena. California 91101
Address of Surety
By :/v
Signature and Title of Authorized Agent
Barbara Blumer, Attorney -in -met
same as above
Address of Agent
214/793/7124
Telephone No. of Agent
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CORNANT MUTUAL INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby
make, constitute and appoint BARBARA BLUMER
its true and lawful Attorney(s)-in -Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog-
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof In an unlimited amount.
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney lsl -in -Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by -laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
or all of the officers as it may in its discretion determine including, without limitation or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12, 1973:
RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if
a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance,
consentof surety or written obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal
may be affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there-
of; such signature and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
Attest: f K'Jw 11
Y�
Assistant Secretary
STATE OF CONNECTICUT
ss:
COUNTY OF HARTFORD
COVENANT MUTUAL INSURANCE COMPANY
By
Vice PiesidiAt
On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E.
Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut;
that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that they know the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under
the by -laws of said corporation, and that they signed their names thereto by like authority. /
Notary Public
W i My commission expires March 31, 1978
S7: Pya L�l+: Sr
CERTIFICATION
1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, the above - quoted provisions of Section 12 of the by -laws and the resolutions of the
Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect.
Signed and sealed at Hartford, Connecticut, this 1st day of APRIL 1977.
Assistant Secre y
0
Page 12
CONTRACT
THIS AGREEMENT, made and entered into this/-:?�_ ay of 19,
by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City,
party of the first part, and Fleming Construction
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 Contractcr agrees with the City to furnish all
materials and labor for the construction of
Alley Improvements and Sewer Replacement on Balboa Island and Balboa Peninsula 1976 -77
Contract No. 1880
and to perform and complete in a good and workmanlike manner all the work pertaining
thereto shown on the Plans and Specifications therefor; to 'urnish 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 z.e 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 saie 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 Bidden, 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 witn the provisions of the Plans
and Specifications, are hereby incorporated in and made part of this Agreement.
0
0
Page 13
5. Pursuant to the Labor Code of the State of California, the City Council has
ascertained the general prevailing rates of per diem wages for each craft or type of
workman needed to execute the contract and a schedule containing such information is
included in the Notice Inviting Bids and is incorporated by reference herein.
6. The Contractor shall assume the defense of and indemnify and save harmless the
City, the Director of Public Works, and their officers and employees, from all claims,
loss, damage, injury, and liability of every kind, nature, and description, directly or
indirectly arising from the performance of the contract or work, regardless of responsi-
bility for negligence; and from any and all claims, loss, damage, injury, and liability,
howsoever the same may be caused,resulting directly or indirectly from the nature of
the work covered by the contract, regardless of responsibility for negligence.
IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed
the day and year first above written.
ATTEST:
City Clerk
CITY OF WPORT BEACH, CALIFORNIA
By:
Mayor
FLEMING CONSTRUCTION
Contractor
(SEAL)
By
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. • PR 1 of 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ALLEY IMPROVEMENTS AND SEWER REPLACEMENT
ON
BALBOA ISLAND AND BALBOA PENINSULA
1976 -77
CONTRACT NO. 1880
.;,01 ,
To the Honorable City Council
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California 92663
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes
to furnish all materials and do all the work required to complete Contract No. 1880 in
accordance with the Plans and Specifications, and will take in full payment therefor the
following unit prices for the work, complete in plate, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. 500
Construct 4" V.C.P.
sewer lateral
Linear Feet
@ Twenty
Dollars
and
No
Cents $
20.00
$
10,000.00
Per Linear Foot
2. 13
Construct 6" V.C.P.
sewer lateral
Linear Feet
@ Twenty -two
Dollars
and
No
Cents $
22.00
$
286.00
Per Linear Foot
3. 1697
Construct 8" V.C.P.
sewer main
Linear Feet
@ Twenty -six
Dollars
and
No
Cents $
26.00
$
44,122.00
Per Linear Foot
4. 2
Construct terminal
sewer cleanout
Each
per CNB Std. -400 -L
@ Two Hundred
Dollars
and
No
Cents $
200.00
$
400.00
Per Each
• • PR 2 of 3
ITEM
QUANTITY
ITEM DESCRIPTION
UNIT
TOTAL
NO.
AND UNIT
UNIT PRICE WRITTEN IN WORDS
PRICE
PRICE
5.
5
Construct house lateral sewer clean
-
Each
out per detail Sheet 7
@ Two Hundred
Dollars
and
No
Cents
$ 200.00
$ 1,000.00
Per Each
6.
3
Construct sewer manhole per CNB
Each
Std. -401 -L or Std. -402 -L
@ Twenty -five Hundred
Dollars
and
No
Cents
$ 2,500.00
$ 7,500.00
Per Each
7
A
Z
10
16,500
Square Feet
3
Each
733
Square Feet
933
Square Feet
152
Square Feet
Construct 6" thick P.C.C. alley
pavement
@ Three Dollars
and
No Cents $
Per Square Foot
Construct 6" thick P.C.C. alley
approach over native soil
@ Five Hundred Dollars
and
No Cents $
Per Each
Construct 8" thick P.C.C. street
pavement
@ Three Dollars
and
Ninety Cents $
Per Square Foot
Construct P.C.C. garage approach
(4" thick unless otherwise shown)
in alley areas
@ Two Dollars
and
Ten Cents $
Per Square Foot
Construct 4" thick P.C.C. sidewalk
@ Two Dollars
and
Twenty Cents a
Per Square Foot
3.00 $ 49,500.00
500.00
3.90
$ 1,500.00
2,858.70
2.10 $ 1,959.30
2.20 $ 334.40
. • PR 3 of 3
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
12. 748 Construct 4" asphalt concrete garage
Square Feet approach and miscellaneous A.C. joins
@ Two Dollars
and
Fifty Cents $_ 2.50 $ 1,870.00
Per Square Foot
13. 67 Construct 6" Type "B" P.C.C. curb
Linear Feet
@ Eight Dollars
and
No Cents $ 8.00 $ 536.00
Per Linear Foot
14. Lump Sum Guard underground construction
@ One Thousand Dollars
and
No Cents $.1,000.00 $_ 1,000,00
Lump Sum
15. 30 Relocate water service to right -of-
Each way line
@ Twenty -five Dollars
and
No Cents $ 25.00 $_ 750.00
Per Each
16. 20 Install water service
Each
@ Twenty -five Dollars
and
No Cents $ 25.00 $_ 500.00
Per Each
TOTAL PRICE WRITTEN IN WORDS:
One Hundred Twenty Four Thousand One Hundred Sixteen Dollars
and
Forty Cents $ 124,116.40
FLEMIN ' C N R
UCTION
Bidders Name
Date 3 -17 -77 S( Terry Fleming
Authorized Signature
CONTRACTOR'S LICENSE NO. 287035 TELEPHONE NO. (213) 926 -6664
CONTRACTOR'S ADDRESS 13909 Artesia Blvd., Cerritos, CA 90701
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
TO
SPECIAL PROVISIONS
FOR
ALLEY IMPROVEMENTS AND SEWER REPLACEMENT
ON
BALBOA ISLAND AND BALBOA PENINSULA
1976 -77
CONTRACT NO. 1880
Section
Page
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . .
. . . . 1
II.
COMPLETION, SCHEDULE, AND PROSECUTION OF WORK . . . . . .
. . . . 1
III.
PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 2
IV.
CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . .
. . . . 2
V.
PROTECTION OF EXISTING UTILITIES AND STRUCTURES . . . . .
. . . . 3
VI.
GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 3
VII.
GUARDING UNDERGROUND CONSTRUCTION . . . . . . . . . . . .
. . . . 3
VIII.
SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . . . .
. . . . 4
IX.
WATER . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 4
X.
PERMITS . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 5
XI.
NOTICE TO RESIDENCES AND BUSINESSES . . . . . . . . . . .
. . . . 5
XII.
PROTECTION OF EXISTING PROPERTY CORNERS . . . . . . . . .
. . . . 5
XIII.
TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . .
. . . . 5
XIV.
PROTECTION OF EXISTING IMPROVEMENTS . . . . . . . . . . .
. . . . 6
XV.
CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . .
. . . . 6
A. Sewer Installation . . . . . . . . . . . . . . . . .
. . . . 6
B. Alley Improvements . . . . . . . . .
. . . . 8
i.
L]
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
ALLEY IMPROVEMENTS AND SEWER REPLACEMENT
ON
BALBOA ISLAND AND BALBOA PENINSULA
1976 -77
CONTRACT NO. 1880
I. SCOPE OF WORK
SP 1 of 10
The work to be done under this contract consists of removal of existing alley
improvements, sewer main and house laterals; and construction of P.C.C. alley
paving, V.C.P. sewer main and house laterals; adjustments of all existing utility
boxes to finish grade and other incidental items of work as shown on the plans.
The work is located in various alleys on Balboa Island and Balboa Peninsula.
The contract requires the completion of all the work in accordance with (1)
Special Provisions, (2) the Plans (Drawings No. S- 5079 -S and A- 5081 -S), (3) the
City's Standard Special Provisions and Drawings, (4) City of Newport Beach Stan-
dard Specifications. The City's Standard Specifications are the Standard Speci-
fications for Public Works Construction, 1976 Edition including supplements to
date. 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.
II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK,
A. General
The contractor shall complete all work on the contract within 90 consecu-
tive calendar days after award of the contract by the City Council and as
specified in Section 6 of the Standard Specifications.
The contractor shall submit a construction schedule for review by the engi-
neer. This schedule shall be approved by the engineer prior to the start
of any work.
B. Alley Closures
The contractor shall complete all work in an alley related to sewer con-
struction within fifteen (15) consecutive calendar days after beginning
such work on that alley. The term "work" as used herein shall include
0
SP 2 of 10
trench excavation, all removals, installation of 8 -inch V.C.P. sewer main
with the house laterals, backfill and compaction and any other related items
of work.
The contractor shall complete all work in a given alley related to alley
reconstruction within fifteen (15) consecutive calendar days after beginning
such work on that alley. The term "work" as used herein shall include all
removals, construction of P.C.C. alley paving, alley approaches, garage
approaches, sidewalks and feather joins, and other related items of work.
Also included within this time limit is the curing time for the new Port-
land cement concrete improvements.
The above requirement means that each alley and every garage approach with
access from that alley must be returned to normal vehicular use within 15
consecutive calendar days from the day it is first closed to such use.
The contractor must employ sufficient men and equipment to meet this schedule.
If it becomes apparent during the course of the work that the contractor will
not be able to meet this schedule, he will be prohibited from starting work
in additional alleys until he has exerted extra effort to meet his original
schedule and he has demonstrated that he will be able to maintain his approved
schedule in the future. Such stoppages of work shall in no way relieve the
contractor from his overall time of completion requirement, nor shall it be
construed as the basis for payment of extra work because additional 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 15 consecu-
tive calendar days (as specified in paragraphs 1 and 2 above) 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 within the 90 calendar days allowed.
The intent of this section of the Special Provisions is to emphasize to the
contractor the importance of prosecuting the construction in an orderly,
pre - planned, continuous fashion, so as to minimize the time an alley is
closed to vehicular traffic.
III. PAYMENT
The unit or lump sum price bid for each item of work shown on the proposal shall
be considered as full compensation for all labor, equipment, materials, and all
other things necessary to complete the work in place, and no additional allowance
will be made therefor.
Payment for incidental items of work, not separately provided for in the pro-
posal, shall be included in the price bid for other related items of work.
IV. CONSTRUCTION SURVEY STAKING
Field surveys for control of construction shall be the responsibility of the
contractor. All such surveys, including construction staking, shall be under
the supervision of a California licensed surveyor or civil engineer. Staking
shall be performed on all items ordinarily requiring grade and alignment at
• • SP 3 of 10
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.
V. PROTECTION OF EXISTING UTILITIES AND STRUCTURES
Known utilities are indicated on the plans. Prior to performing construction
work, the contractor shall request each utility company to locate its facili-
ties. Construction of the work covered in this contract will cause work to
be performed under and very near existing sewer, gas, water, telephone and
electrical lines. The contractor shall protect in place and be responsible for,
at his own expense, any damage to utilities encountered during construction of
the items shown on the plans. The contractor's attention is called to Section 5
and Subsection 7 -9 of the Standard Specifications.
Particular attention is directed to the following existing utilities:
Utility
Telephone Duct (Balboa Island)
6" C.I. Water (Balboa Island)
2" Gas (Balboa Peninsula)
Reach
Sta. 0 + 16 to Sta. 0 + 45
Sta. 10 + 33 to Sta. 10 + 65
So. Bayfront to No. Bayfront
Palm St. to "A" St.
It will be assumed that the contractor has taken into account the cost of pro-
viding the necessary protection for these utilities in the unit price bid for
the items provided in the proposal.
Existing buildings and structures abutting proposed improvements are indicated
on the plans. Prior to construction, the contractor shall verify the location
of existing buildings and structures and shall protect them in place and be
responsible for, at his own expense, any damage to them resulting from con-
struction of the improvements.
The contractor is advised that other contractors or utilities may be install-
ing facilities on or adjacent to the project, and he shall coordinate with them
in order to facilitate orderly progress of all work.
VI. GUARANTEE
The contractor shall guarantee for a period of one year, after acceptance of
the work by the City Council, all materials and workmanship against any defects
whatsoever. Any such defects shall be repaired at the contractor's expense.
VII. GUARDING UNDERGROUND CONSTRUC
Trench excavation and backfill shall conform to Section 306 -1 of the Standard
Specifications and these Special Provisions.
Guarding - -The walls and faces of all excavations over 5 feet in depth shall be
effectively guarded by a shoring system, sloping of the ground, or other equiva-
lent means. Trenches less than 5 feet in depth shall also be guarded when
examination indicates hazardous ground movement may be expected.
The contractor shall obtain a permit to perform excavation or trench work from
the Division of Industrial Safety, State of California, prior to any construction.
The cost of providing all necessary information to obtain the permit and the cost
of complying with the provisions of the permit shall be included in the lump sum
price bid for guarding underground construction.
VIII. SURFACE AND GROUNDWATER CONTROL
A. Surface Water
• SP 4 of 10
Surface runoff water containing mud, silt, or other deleterious material
from the project shall be treated by filtration or retention in a settling
basin or basins, sufficient to prevent such waters from directly entering
storm drains or the bay. Prior to commencing construction, the contractor
shall submit a plan for implementing siltation control to the City. Upon
approval of the plan by the City, the contractor shall be responsible for
the implementation and maintenance of the control facilities. The contractor's
attention is called to Subsection 7 -8 of the Standard Specifications as re-
gards project site maintenance.
Groundwater
It is anticipated that groundwater will be encountered at various times and
locations during the work herein contemplated. The contractor, by sub-
mitting a bid, acknowledges that he has investigated the risks arising from
groundwater and has prepared his bid accordingly.
Dewatering
All water removed from excavations shall be pumped to a portable settling
box of a size and configuration capable of removing suspended solids from
the dewatering operation. The discharge from the box shall have a 22"
standard fire hose connection. The discharge from the box shall be metered.
Water from the settling box shall be discharged into the nearest sewer man-
hole. Discharge from the box will be periodically sampled by the County
Sanitation Districts of Orange County.
The City has obtained and paid for the necessary permit from County Sani-
tation Districts of Orange County.
One standard fire hydrant meter will be furnished to the contractor and may
be picked up at the City's maintenance yard at 949 West 16th Street from
the Utility Division.
All costs involved in the dewatering operation shall be included in the unit
price bid for the related item requiring dewatering.
IX. WATER
The contractor shall make his own provisions for obtaining and applying water
necessary to perform his work. If the contractor desires to use available city
water, it shall be his responsibility to make arrangements for water purchases
by contacting the City's Utility Superintendent, Mr. Tom Phillips, at (714)
640 -2221.
The contractor shall provide temporary water by -pass line whenever his operations
require shut -off of water. If the contractor can conduct his operation such that
the time period in which the water is shut off on Balboa Island does not exceed
two hours, the by -pass line will not be required. The cost for water by -pass
lines shall be included in unit price bid for related items listed in the pro-
posal.
. . SP 5 of 10
X. PERMITS
The City has obtained the following permit which is available for inspection
at the Public Works Department:
County Sanitation Districts of Orange County -- permit to
discharge waste water into sewer system (see also Section VIII
Section C, Dewatering).
The contractor shall be responsible for making himself aware of and conducting
his operations in accordance with the requirements of this regulatory agency.
All costs involved in complying with these requirements shall be absorbed by
the contractor in his bid, and no additional compensation will be made therefor.
Before disposing of any demolition or removals at any sanitary landfill site
in Orange County, the contractor shall obtain a permit from the City Public
Works Department. There is no charge for this permit; its purpose is to provide
authorization for the contractor to use those disposal facilities for excess
material.
XI. NOTICE TO RESIDENCES AND BUSINESSES
The City will mail a preliminary notice to all residences and businesses
affected by this work. Between 40 and 55 hours prior to blocking access to
residences or businesses, the contractor shall, with utmost care, distribute
to each and every residence and business, a notice, prepared by the City,
stating when the work will begin and approximately when access to their prop-
erty will be restored.
Errors in distribution, false starts, acts of God, or other alterations of the
schedule will require renotification, using an explanatory letter prepared by
the City and distributed by the contractor.
XII. PROTECTION OF EXISTING PROPERTY CORNERS
Every effort shall be made by the contractor to protect any existing property
corners uncovered during construction. Should any of these corners be disturbed,
they shall be restored by the contractor at his expense and no separate compen-
sation will be made.
XIII. TRAFFIC CONTROL AND ACCESS
The contractor shall provide traffic control and access in accordance with
Section 7 -10 of the Standard Specifications except as modified herein, and
with the standards contained in the Work Area Traffic Control Handbook (WATCH),
also published by Building News, Inc.
Prior to commencing work, the contractor shall submit a written traffic plan
to the engineer for approval. The plan shall show periods of street closure,
the location of signing and detours and any other details required by the
engineer to ensure that all through and local traffic will be handled in a
safe and efficient manner with a minimum of inconvenience to motorists. If,
during the construction period, the modifications of the plans are required,
each said modification shall be approved by the City prior to altering the
0
• SP 6 of 10
previously approved plan. All street and alley closures shall be in accordance
with the following requirements:
No work can start prior to April 11, 1977.
2. One lane for traffic in each direction on Park Avenue must be
maintained at all times during sewer installation and alley
reconstruction.
3. Two lanes for traffic must be maintained on Palm, Washington,
Main and A Streets during sewer installation and alley re-
construction.
4. Alleys may be closed to all traffic for 15 consecutive calen-
dar days for sewer construction and also for alley recon-
struction (see Section II, paragraph B).
The cost of providing traffic control, temporary detours, street crossings,
etc., shall be included in the various bid items of work, and no additional
compensation will be allowed.
XIV. PROTECTION OF EXISTING IMPROVEMENTS
The contractor shall be responsible for the protection of all improvements
adjacent to the work, such as sprinkler systems, drain pipes, lawns, plantings,
brick work, masonry work, fences, walls, etc., located on either public or
private property. If any improvements are removed or damaged, other than those
designated for removal on the drawings, then such improvements shall be re-
placed in kind at the contractor's expense.
XV. CONSTRUCTION DETAILS
A. Sewer Installation
1. Trench Excavation and Backfill
Due to the sandy nature of the soil in many locations and the close-
ness of the buildings to the trench, the length of trench left
unfilled at the end of the day shall be held to a minimum.
Pipe bedding and backfill shall conform to Class "B" per CNB
Std. - 316 -L. Backfill and bedding shall be densified to a minimum
relative compaction of 95% in an approved manner.
2. Vitrified Clav Pioe Sewer Main
All sewer pipe shall be vitrified clay pipe (V.C.P.) and the material
shall conform to Section 207 -8 of the City Standard Specifications.
Field jointing of new 8" V.C.P. sewer main shall conform to Section
306 -1.2.3 of City's Standard Special Provisions. All pipe and special
fittings shall comply with applicable provisions of latest ASTM
standards at time of award of contract.
Wyes shall be furnished and installed to replace existing branches for
each existing service. Exact location for placing new wyes will be
determined in the field by the engineer.
3
E
• . SP 7 of 10
A "band- seal" joint or an approved equal shall be used to connect new
8" V.C.P. sewer main to existing concrete sewer main.
Continuous sewer service sha-1 be maintained at all times during con-
struction.
The unit price bid for the new 8" V.C.P. sewer main includes the cost
of excavating; removal and disposing of existing concrete sewer mains;
removing and disposing of existing manholes, chimneys, flush tanks;
plugging the existing sewer main as necessary; removal of interfering
utility lines that are shown on plans as abandoned; rebuilding and re-
landscaping median planter; connecting the house and commercial
laterals to the new wyes; backfilling and compacting trench; and any
other related work for which separate bid items are not provided for
in the proposal.
Vitrified Clay Pipe House Laterals
The vitrified clay pipe material and the field jointing method to be
used for the house laterals shall conform to the requirements for
sewer mains.
The work consists of replacing all existing house laterals from the new
sewer main to the property line or other satisfactory point of connection,
as designated by engineer. All new laterals shall be 4" V.C.P. unless
otherwise noted on plans or designated by engineer. Connections of new
laterals to existing laterals at property line should be made with an
approved neoprene banded - rubber mechanical coupling with the correct
size bushing to ensure a tight connection. The type and size of the
existing laterals at property will vary. V.C.P. and cast iron pipe in
sizes of 4 and 6 inches may be typical; however, this must be verified
by the contractor.
The locations of the existing laterals shown on the plans are approxi-
mate only. The exact locations shall be determined by the contractor
in the field. The new V.C.P. laterals shall be aligned as near to
perpendicular to the sewer main as possible.
The unit price bid for the new 4" or 6" V.C.P. laterals includes the
cost of excavating, removal and disposing of existing laterals, con-
necting the new lateral to the existing lateral at property line or
other specified point of connection, backfilling and compaction, and
other related work for which separate bid items are not provided for
in the proposal.
Sewer Manholes and Clean -outs
The sewer manholes and clean -out tops shall be temporarily installed
at least 6 inches below finish grade. The tops shall be adjusted to
finish grade just prior to placement of portland cement concrete alley
paving.
Lateral clean -outs and terminal clean -outs shall be constructed at
the locations shown on the plans.
• • SP8of 10
Alley Improvements
Removals, 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 pave-
ment 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 removals, excavation, and subgrade preparation will be con-
sidered as included in the unit prices paid for the corresponding or
associated items of new work.
Portland Cement Concrete
Portland cement concrete furnished for construction of all alley pave-
ment, 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 II of these Special
Provisions, the contractor may find it necessary to add additional
cement, use special aggregates, or use admixtures to meet the speci-
fications. 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 sur-
face shall be medium 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 mini-
mum 2" deep saw cut within 24 hours at the right -of -way line.
Alley joints shall be constructed as shown on CN8 Drawing No. Std. - 141 -L.
Special care shall be taken to locate weakened plane joints at water
meter boxes, power poles, and other critical locations.
. y
• Y •
3. Alley Approaches
i SP 9 of 10
Portland cement concrete alley approaches shall be constructed in accord-
ance with the City of Newport Beach Drawing No. STD -142 -L with the follow-
ing exceptions:
(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 as shown on the plans.
4. Adjustment of Various Walks, Landings. Fence Supports. Etc.
3
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 headers shall be installed where
support is required at existing fences and as indicated on the plans.
Asphalt Concrete
Asphalt concrete furnished for construction of 4 -inch thick pavement and
variable thickness feather join shall be Type III -D -AR -4000 in conformance
with Section 400 -4 of the Standard Specifications.
A tack coat shall be applied in accordance with Subsection 302 -5.3 of the
Standard Specifications. The cost of the tack coat shall be included in
the unit price bid for the associated asphalt concrete.
6. Adjustment of Utilitv Boxes, Manholes, Etc. to Grade
All sewer manholes, water valve boxes, sewer cleanouts, water meter boxes,
and any other miscellaneous utility boxes shall be adjusted to finish grade
prior to placement of portland cement concrete. In the event the utility
box or structure is located in an area to be improved with asphalt concrete,
adjustment to finish grade shall be made after the asphalt concrete pavement
has been placed in a manner similar to that described in Section 302 -5.7
of the Standard Specifications.
The cost of adjusting all utility boxes, manholes, etc., to finish grade
shall be included in the unit price bid for constructing the alley pavement,
and no additional compensation will be allowed.
%• Relocation or Installation of Water Services
Where the edge of an existing water meter box is not positioned within
t 6" of the alley right -of -way line, it shall be relocated to the right -of
way line. The relocation of the water meter box shall include moving the
water meter and installing a new water service as shown on CNB STD -502 -L or
STD -503 -L as applicable.
When an existing water meter box is adjusted to finish grade resulting in
a variance greater than ± 3 inches in the vertical direction from the loca-
tion shown in CNB STD - 502 -L, the water service and meter shall be adjusted
to conform with said standard. The adjustment may be made by bending the
existing copper service line. This work shall include adjusting piping on the
customers side of the meter.
According to the best information available all service lines to the meters
are copper but this is not guaranteed. The contractor should note that the
City has no knowledge of the material, size, or condition of service lines
0
• SP 10 of 10 ,
on the customers side of the meter. All materials used to adjust customers
service lines shall be equal or better than the original.
In the event that service piping to the meter cannot be adjusted by bending,
a new service line and the existing meter shall be installed as shown on
CNB STD -502 -L or STD -503 -L as applicable.
The contractor shall be responsible for any damage to existing water meters
or services resulting from his operations. He shall have all damage re-
paired at his expense and no additional compensation will be made therefor.
The contractor shall install new water meter boxes furnished by the City
when it is determined by the Engineer that the existing water meter box
was broken by others and not as a result of the contractor's operations.
The contractor shall pick up the needed water meter boxes at 592 Superior
Avenue. There will be no separate compensation made for obtaining and
installing the new water meter boxes that are in need of replacement.
8. 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.
9. 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 the alley pavement, and no additional compensation will be
allowed.
I
�_.
FREMONT INDEMNITY COMPANY
THE FREMONT BUILDING - -
1709 WEST EIGHTH STREET /- . -1.OS ANGEL _ IFORNIA 90017 / (213)
2121 S. EL CAMINO REAL I SAN MATEO, CA. 1 14151 349 -3800 / S.F. (415178
DATE, April 1, 1977
TO: CITY OF NEWPInT BEACH
3300 W. Newport Blvd.
Newport Beach, California
EMPLOYER: Fleming Construction
13909 Artesia Blvd.
Cerritos, California 90701
CERTIFICATE OF WORKERS'
COMPENSATION INSURANCE
POLICY NO.: WP -77 -39991 POLICY PERIOD: 3 -1 -77 to 3 -1 -78 PRODUCER: Senate Bonding
THIS IS TO CERTIFY that we have issued a valid Workers' Compensation Insurance Policy in a form
approved by the Insurance Commissioner of the State of California to the Employer named above for the
policy period indicated.
We will give you TEN days' advance notice should this Policy be cancelled prior to its normal expiration
Description of specific operations (if required)
of Newport Beach, California.
Countersigned at Los Angeles, California
by ��AUTHORIZED REPRESENTATIVE
All work to be performed for the City
FREMONT INDEMNITY COMPANY
EXECUTIVE VICE PRESIDENT —
= I
0
FREMONT INDEMNITY COMPANY
THE FREMONT BUILDING
O
Il ♦7
1709 WEST EIGHTH STREET / LOS ANGELES, CALIFORNIA 90017 / (213) 483 -8731
2121 S. EL CAMINO REAL / SAN MATEO, CA. 94403 / (415) 3493600 / S.F. (415) 781.0619
April 1, 1977
DATE
CITY OF NEWPIOT BEACH
TO: 3300 W. Newport Blvd,
Newport Beach, California
Fleming Construction
EMPLOYER: 13909 Artesia Blvd,
Cerritos, California 90701
WP -77- 3999.1
POLICY NO.:
POLICY PERIOD:
CERTIFICATE OF WORKERS'
COMPENSATION INSURANCE
3 -1 -77 to 3 -1 -78
PRODUCER:
Senate Bonding
THIS IS TO CERTIFY that we have issued a valid Workers' Compensation Insurance Policy in a form
approved by the Insurance Commissioner of the State of California to the Employer named above for the
policy period indicated.
We will give you TEN days' advance notice should this Policy be cancelled prior to its normal expiration.
All work to be performed for the City
6i<eAleplplprtt�:l�iF �laf6rnl�jfrequired):
Countersigned at Los Angeles, California
by
AUTHORIZED REPRESENTATIVE
MM Igo Ivnilo:
f�4-71FREMONT
INDEMNITY COMPANY
EXECUTIVE VICE PRESIDENT
. CITY OF NEWPORT BEACH •
CERTIFICATE Of INSURANCE FOR CONTRACT WORK FOR CITY
IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY
OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. 1880
MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE
Project Description: ALLEY IMPROVEMENTS AND SEWER REPLACEMENT ON BALBOA
ISLAND & BALBOA PENNINS -
This is to certify that the HARMR INSURANCE COMPANY /STONEWALL INSURANCE CO.
Name of Insurance Company)
has issued to FLEMING CONSTRUCTION
(Name of Insured)
13909 Artesia Blvd. Cerritos,' California 90701
(Address of Insured
the policy of liability insurance certified herein.
CITY CONTRACT ENDORSEMENT
This endorsement is attached to the policy described herein to assure compliance by
the named insured with the terms and provisions of the contract or other agreement(s)
entered into between the insured as contractor and the City of Newport Beach.
The Company amends the policy described herein as follows:
1. It is hereby understood and agreed that the policy to which this certificate
refers may not be cancelled or materially changed until thirty days after
receipt of registered written notice of cancellation or change by the City of
Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660.
2. The City of Newport Beach, its officers and employees are hereby declared to
be additional insureds in the policy described insofar as they may be held
liable for injuries, death or damage to property excluding the sole negligence
of the City, its officers and employees. It is further agreed that any other
insurance carried by the City, its officers and employees shall not be contrib-
uting or primary with the insurance provided by this policy.
This policy includes at least the following coverages:
a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured
and the Certificate Holder Named above.
b. Owned, Hired and Non -Owned Automobiles.
c. Contractors Protective Liability (When Insured engages Subcontractors).
d. Products Liability or Completed Operations.
e. Explosion and Underground Hazards (when applicable).
f. Personal Injury Hazards.
g. Broad Form Property Damage.
h. Marine or Aviation (when applicable).
Name of Agency or Broker: BUTLER,CHRISTIAN & DUNN
Address of Agency or Broker: 3205 Tyler Ave. , El Monte,California
Telephone No. (213) 579 -474
Countersigned by:
urance Company Representative
Effective date of this endorsement: April 1, , 1977 , Endorsement No. NB -1
re
ial )
✓e
aal
o icy Term
Limits of Liabi
it
Covera a
is No.
Each OccurrencAggregate
(Minimum:
A
(Minimum:
$500,000)
$ 500,000 Protecti,
$1,000,000 Products
$ 500,000 Contract
H W C
MPLETE INFO
TION BELOW
Policy No.
COMPREHENSIVE LIAB.
Combined Single
From: B-1-76
$1, 000,00OProtecti
Limit Bodily Injury
125903
$ ,0 Products
or Property Damage
To: 8 -1 -77
$ 1,000,000.
Contract
13672
Each Occurrence
This policy includes at least the following coverages:
a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured
and the Certificate Holder Named above.
b. Owned, Hired and Non -Owned Automobiles.
c. Contractors Protective Liability (When Insured engages Subcontractors).
d. Products Liability or Completed Operations.
e. Explosion and Underground Hazards (when applicable).
f. Personal Injury Hazards.
g. Broad Form Property Damage.
h. Marine or Aviation (when applicable).
Name of Agency or Broker: BUTLER,CHRISTIAN & DUNN
Address of Agency or Broker: 3205 Tyler Ave. , El Monte,California
Telephone No. (213) 579 -474
Countersigned by:
urance Company Representative
Effective date of this endorsement: April 1, , 1977 , Endorsement No. NB -1
re
ial )
✓e
aal
L7
0
tam:... ,... .,_. .. ..
• CITY OF NEWPORT BEACH 10
CERIIFICAlI: OV INSURANCI: IOR 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. 1880
MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE
Project Description: ALLEY IMPROVEMENTS AND SEWER REPLACEMENT ON BALBOA
ISLAND. & BALBOA PENNINS L -
This is to certify that the HARDO_R_INSURANCE COMPANY /STONEWALL INSURANCE CO.
Name of Insurance Company)
has issued to
(Name of insured)
13909 Artesia Blvd. Cerritos, California 90701
(Address of Insured
the policy of liability insurance certified herein.
CITY CONTRACT ENDORSEMENT
This endorsement is attached to the policy described herein to assure compliance by
the named insured with the terms and provisions of the contract or other agreement(s)
entered into between the insured as contractor and the City of Newport Beach.
The Company amends the policy described herein as follows:
1. It is hereby understood and agreed that the policy to which this certificate
refers may not be cancelled or materially changed until thirty days after
receipt of registered written notice of cancellation or change by the City of
Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660.
2. The City of Newport Beach, its officers and employees are hereby declared to
be additional insureds in the policy described insofar as they may be held
liable for injuries, death or damage to property excluding the sole negligence
of the City, its officers and employees. It is further agreed that any other
insurance carried by the City, its officers and employees shall not be contrib-
uting or primary with the insurance provided by this policy.
Covera a i
is No. E
o icy Term L
Limits of Liability
Each Occurrence A
Aggregate
$500,000) $
$ 500,000 Protecti,
$ 1,000,000 Products
$ 500,000 Contracts
H W C M
MPLETE INFOR T
TION $
This policy includes at least the following coverages:
a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured
and the Certificate Holder Named above.
b. Owned, Hired and Non -Owned Automobiles.
c. Contractors Protective Liability (When Insured engages Subcontractors).
d. Products Liability or Completed Operations.
e. Explosion and Underground Hazards (when applicable).
f. Personal Injury Hazards.
g. Broad Form Property Damage.
h. Marine or Aviation (when applicable).
Name of Agency or Broker: BUTLER,CHRISTIAN & DUNN
Address of Agency or Broker: 3205 Tyler Ave., El Monte,California
Telephone No. (213) 579 -474
Countersigned by:
uthorizecrInsurance Company Representative
Effective date of this endorsement: April 1, , 1977 , Endorsement No. NB -1
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I
DUBLIC NOTICE PU6LIC NOTICE;
CITY OF NEWPORT BEACH, CALIFORNIA
1 NOTICE INVITING BIDS
F,.,+LED BIDS will be received at the office of the'City
Clerk, City Hall, Newport Beach, California, until 10:30
A.M. on the 17 day of March, 1977, at which time they will
be opened and read, for performing work as follows:
ALLEY IMPROVEMENTS AND SEWER REPLACEMENT
ON BALBOA ISLAND AND BALBOA PENINSULA, 1976 -77
CONTRACT NO. 1880
Bids must 6e 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, exe-
cuted, 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 SEC-
RETARY are required and the CORPORATE SEAL shall
be affixed to all documents requiring signatures. In the
case of a Partnership, the signature of at least one general
partner is required.
No bids will be accepted from a contractor who has
not been licensed in accordance with the provisions of
Chapter 9, Division III of the Business and Professions'
Code. The contractor shall state his license number and
classification in the proposal.
One set of plans and contract documents, including
special provisions, may be obtained at the Public Works
Department, City, Hall, Newport Beach, California, at no
cost to licensed contractors. It is requested that the plans
and contract documents be returned within 2 weeks after
bid opening.
The City has adopted the STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION (1976 Edition) as
prepared by the Southern California Chapters of the Amer -
ican 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 surly 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 (Prop -
erty - Liability).
In accordance with the provisions of Article 2,Chapter 1,
Part 7 of the California Labor Code (Sections 1770 et seq.1
the City Council of the City of Newport Beach has ascer-
tained the general prevailing rate of per diem wages
in the locality in which the work is to be perforided for
each craft, classification, or type of workman or mechanic
:needed to execute the contract and has set. forth these
items in Resolution No. 8950 adopted December 13,1976:
A copy, of said resolution is available in the office of the
City Clerk. All parties to the contract shall be governed
by all provisions of the California Labor Code relating
Jo Prevailing wage rates (Sections 1770 -1781 inclusive)..
The contractor -Shall be responsible for compliance with
Section 1777,5 of the California Labor Code. for all ap-
prenticeable 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.
DORIS GEORGE, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
Publish: March 3, 1977, in the Newport Harbor Ensign,
s a
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS
FOR
ALLEY IMPROVEMENTS
AND
SEWER REPLACEMENT
ON BALBOA ISLAND AND BALBOA PENINSULA
Approved by the City Council this
28th day of Febru y, 1977
Uoflis George, City Clerk
1976 -77
CONTRACT NO. 1880
SUBMITTED BY:
/em�n�, Ci�n_cfru�iicn
Contract
Address
Fr�'Ifc =S Cy1 %0701
City Zip
X13) y� (' - G,lo! c/
Teliephone
Total Bid Price
i
6
Page 1
CITY OF NEWPORT BEACH, CALIFORNIA
NOTICE INVITING'BIDS
SEALED BIDS will be received at the office of the City Clerk, City Hall, Newpport Beach,.
California, until 10:30 A.M. on the 17 day of March , 19 77;
at which time they wi be opened and read, for performing work as fo ows:
ALLEY IMPROVEMENTS AND SEWER REPLACEMENT
ON BALBOA ISLAND AND BALBOA PENINSULA, 1976 -77
CONTRACT NO. 1880
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 anCor or —ate Seal
shat be of fixed to alb documents requiring signatures. In the case of a arl rtnership,
the signature of at least one general partner is required.
No bids will be accepted from a contractor who has not been licensed in accordance with
the provisions of Chapter 9, Division III of the Business and Professions' Code. The
contractor shall state his license number and classification in the proposal.
One set of plans and contract documents, including special provisions, may be obtained
at the Public Works Department, City Hall, Newport Beach, California, at no cost to
licensed contractors. It is requested that the plans and contract documents be returned
within 2 weeks after the bid opening.
(cont.)
•
0
Page la
The City has adopted the Standard S ecifications for Public Works Construction
(1976 Edition) as prepared by the Southern California Chapters of the American
Public Works Association and the Associated.10neral Contractors of America. Copies
may be obtained from Building News, Inc.,'1055 Overland Avenue, Los Angeles,
California 90034, (213) 870 -9871.
The City has adopted Standard Special Provisions and Standard Drawings. Copies of
these are available at the Public Works Department at a cost of $5.00 per set.
A standard "Certificate of Insurance for Contract Work for City" form has been
adopted by the City. This form is the only certificate of insurance acceptable
to the City. The successful low bidder will be required to complete this form
upon award of the contract.
For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds,
and Faithful Performance Bonds must be an insurance company or surety company
licensed by the State of California. The companies must also have a current
General Policy Holders Rating of A or better; and a Financial Category of at
least Class X as per the latest edition of Best's Key Rating Guide (Property -
Liability).
In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California
Labor Code (Sections 1770 et seq.), the City Council of the City of Newport Beach
has ascertained the general prevailing rate of per diem wages in the locality in
which the work is to be performed for each craft, classification, or type of workman
or mechanic needed to execute the contract and has set forth these items in Resolu-
tion No. 8950 adopted December 13, 1976. A copy of said resolution is available
in the office of the City Clerk. All parties to the contract shall be governed by
all provisions of the California Labor Code relating to prevailing wage rates
(Sections 1770 -1781 inclusive). The contractor shall be responsible for com-
pliance with Section 1777.5 of the California Labor Code for all apprenticeable
occupations.
The contractor shall post a copy of the prevailing wage rates at the job site.
Copies may be obtained from the Public Works Department.
The City reserves the right to reject any or all bids and to waive any informality
in such bids.
Revised 12 -14 -76
6
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. Incase of an error
in the extension of a unit price, the correcte&*xtension shall be calculated and the bids
will be computed as indicated above and compa+7 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. lassification /�L
Accompanying this proposal is /jic1C1�
, uasnler -s LnecK or
in an amount not less than 10 percent of the total bid price.
The undersigned is aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workmen's compensation or to
undertake self - insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this contract.
Phone Number Bid er s Nadir --
(SEAL)
,3-/9-77 ✓ �..�
Date AOtftDrizede gftffture
Authorized Signature
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:
0 0
Page 3
DESIGNATION OF SUBCONTRACTORS
The undersigned certifies that he has used the sub -bids of the following
listed contractors in making up his bid and that the subcontractors listed
will be used for the work for which they bid, subject to the approval of the
City Engineer, and in accordance with the applicable provisions of the
specifications. No change may be made in these subcontractors except upon
the prior approval of the Engineer.
Item of Work Subcontractor Address
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Bidder's Name
thorized Si ure
Type of Organization
(Individual, Co- partnership or Corp.)
/.q 909 fi0flg ,/n /, /
(, -erZr-_il-0J , Cg i�7c)i
Address
0 0
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we
Page 4
as Principal,
and as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Dollars ($ ), lawful money of the United
States for the payment of which sum well and truly to be made, we bind ourselves,
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)
LIM
Title
Principal
urety
0 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
thi s !'% day of /'j),a2 [ h ,
19 77
My commission expires:
Notary Public
4101111011111111 IL rINT"I rFs
NOr' ' PUBLIC • CALIFORNIA
!AS ANOeBS COUNTY
Mr Cs�nYYm E+�� Jun, 9. 1980
0
i ,4.r1 TV,
0
0 • Page 6
STATEMENT OF FINANCIAL RESPONSIBILITY
Tne undersigned submits herewith a statement-of
or agrees to submit a statement within 24 hours
is the apparent low bidder.
his financial responsibility
after the bid opening if he
I
A i g net'
Fleming Construction
(Sole Proprietorship)
13909 E. Artesia Blvd. .
Cerritos, California 90701
UNAUDITED
The accompanying balance sheet of Fleming Construction and the related .
statement of earnings and proprietary capital for the seven months
ended September 30, 1976 were not dudited by us and, accordingly,,we
do not express an opinion on them. The statement of changes in finan-
cial position has not been prepared as required by generally accepted
accounting procedures because this is the initial period of operations.
The accompanying notes to the financial statements are an integral part
of these financial statements.
Santa Fe Springs, California
October 27, 1976
pOBIICI`NpPKS 9
MAR 211977
CITY OF /0
NEWPORT BEAMH,
iM
1
L. M. WURTH & COMPANY
�[
ACCOUNTANCY CORPORATION
LARRY M. WURin. CP4
TELEPHONE
RANDOLPH C. INSLEY, C PA.
E.
1I823 E. SLAUSON AVENUE. SUITE 30
12131 698 -1295
SANTA SPRINGS, CALIFORNIA 90670
19141 8b9-3b01
Fleming Construction
(Sole Proprietorship)
13909 E. Artesia Blvd. .
Cerritos, California 90701
UNAUDITED
The accompanying balance sheet of Fleming Construction and the related .
statement of earnings and proprietary capital for the seven months
ended September 30, 1976 were not dudited by us and, accordingly,,we
do not express an opinion on them. The statement of changes in finan-
cial position has not been prepared as required by generally accepted
accounting procedures because this is the initial period of operations.
The accompanying notes to the financial statements are an integral part
of these financial statements.
Santa Fe Springs, California
October 27, 1976
pOBIICI`NpPKS 9
MAR 211977
CITY OF /0
NEWPORT BEAMH,
iM
1
i
C O N T E N T S
ACCOUNTANTS' LETTER
UNAUDITED FINANCIAL STATEMENTS
BALANCE SHEET
STATEMENT OF EARNINGS 6 PROPRIETARY CAPITAL
NOTES TO FINANCIAL STATEMENTS
SUPPLEMENTARY FINANCIAL INFORMATION
BILLED ACCOUNTS RECEIVABLE -AGING
BILLED ACCOUNTS RECEIVABLE SUBSEQUENT COLLECTIONS
ACCOUNTS PAYABLE AGING
WORK IN PROGRESS SCHEDULE
Page
I
5.
4�.
E:
9
u
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,. 10
11
12i
m'a11
r�
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r
• `�
. �(
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' °_�
t
f
FLEMING CONSTRUCTION
(Sole Proprietorship).
BALANCE SHEET
September 30, 1976
(UNAUDITED)
ASSETS
CURRENT ASSETS:
Cash in Bank (Note 2)
$ 52,899
Accounts Receivable (Notes 1 3)
.
260,375
Prepaid Expenses
4,643
Total Current Assets
PROPERTY AND EQUIPMENT (NOTE 1);
ra.
Transportation Equipment
26,893
Office Equipment
1 550
2$"i3
Less Allowance for Depreciation
1,361
Net Property and.Equipment
,r
Total Assets
LIABILITIES AND PROPRIETARY
CAPITAL
CURRENT LIABILITIES;
Accounts Payable (Note 4)
$165,793`
Accrued Payroll
5,566
Accrued Union Benefits
7,746
Accrued Workmans Compensation
1,420
Total Current Liabilities
PROPRIETARY CAPITAL (NOTE 1):
The Accompanying Notes are
an Integral Part of these
Financial Statements
-4-
kl
"¢y
r:.
S'.
j
T<i
v. . s„
r }p.
ra.
`'g
.
.; "A,
G;.
$317,917
,r
27,082
$344,999
}
a
$180,525
,i
164,474.
$344,999
r
Total General and Administrative Expenses 19,031
NET EARNINGS 100,709
PROPRIETOR'S CONTRIBUTIONS DURING PERIOD 75,000
PROPRIETOR'S DRAW$ DURING PERIOD
11,235
PROPRIETARY CAPITAL, September 30, 1976 $ 164,474
The Accompanying Notes are
an Integral Part of these
Financial Statements
-5=
FLEMING CONSTRUCTION.
(Sole Proprietorship)
STATEMENT OF EARNINGS AND PROPRIETARY
CAPITAL
For the Seven Months Ended September
30, 1976
(UNAUDITED)
E
INCOME
$1,397;661
COST OF SALES'
Labor
$121;73$..
Material,
181;381
Subcontract
649,750,
=
Equipment Rentals.,and Repairs:
Payroll Taxes and Union Benefits
47,328
Estimating
14,843
Depreciation
1,241.
Others.
34,359 .
Total Cost of Salves
1 27 2l
GRO$S PROFIT
i19;74d.
GENERAL AND ADMINISTRATIVE EXPENSES
Office.Salaries
5,689,
Rent
5,600
:
Supplies
2,535
-
Telephone
1,9 73
i
Business Promotion
2,625 .
Depreciation
120
Others
2,489
r
Total General and Administrative Expenses 19,031
NET EARNINGS 100,709
PROPRIETOR'S CONTRIBUTIONS DURING PERIOD 75,000
PROPRIETOR'S DRAW$ DURING PERIOD
11,235
PROPRIETARY CAPITAL, September 30, 1976 $ 164,474
The Accompanying Notes are
an Integral Part of these
Financial Statements
-5=
T
FLEMING CONSTRUCTION
(Sole Proprietorship)
7
NOTES TO FINANCIAL STATEMENTS
i, >+
September 30, 1976
(UNAUDITED)
?`
5,
NOTE 1 Summary of Accounting Policies
a
General:
f:
Terry Fleming started his Company.in 1976 as a•general.engineer.ing.,;
contractor (CaH fornla.)icense N 287035)•
Accounts Receivable;
'
The Company records Income on the percentage of completion basis.
Unbl,lied receivables consist of the excess of cost and estimated
".
earnings over billings to date on incomplete jobs. 16 progress.
All contracts in progress are rev(ewed'for. percentage cost.over-
runs, and if costs exceed the contract amount, the over- run.Is
treated as a current period.expense:
Depreciation:
For both financial reporting.purposes and .income tax purposes,.
depreciation is provided on a straight-llne basis. over the
estimated useful life of the asset (pr1ncipa)ly..:2 and 5 years)::.. .
e
Income Taxes:
No provision for income taxes is reflected In tllese.statements,
as such provision relates to Mr. Terry Fleming's personal tax
position.. -For .tax purposes the Company records Income and expenses:
on the cash basis, thereby creating a deferred tax 'liabil.it.y'fot.
Mr. Fleming.
Proprietary Capital:
The proprietary capita:l..is held by Mr.. Terry Fleming who devotes ..•.
100% of his time.to the business.
NOTE 2 Cash in Bank
Cash consists of the following:
Union Bank - Ron Askew .(213) 370 -6266
A/C # 25092 -1512. $36,949
A/C N 25049-1591 3,762
Crocker Bank (714),870-8610
A/C N 012733 10,969'
A/C # 012741 1,219
$52;899
See Accompanying Accountants' Report
-6-
See Accompanying Accountants' Report
-7-
r
.
(UNAUDITED)
J,
NOTE 3 Accounts Receivable
Accounts Receivable - Construction totaling
$260,375 consists
of the
following:
Amount
Percentage
c.
Billed Receivables -Regular
$113,76-2
43.7%
Billed Receivables - Retention
146,287
56.2%
Unbilled Receivables - Construction'
n,
in Progress
326
1$
r"
$260,375
�ivork
Do. 0%
(See schedules on aging of billed receivables and in
progress
attached.);
1;.
NOTE 4 Accounts Payable
p.
Accounts Payable totaling $165,793 are aged
as follows:
Amount
Percentage
Current
$122,502
73.4$
M`
30 - 59 Days
3.1,784
19.2%
60 - 89 Days
1,426
1.3%
90 Days 6 Over
10,081
6.1%
$ 165;793
100.0$
(See detailed aging schedule attached.)
See Accompanying Accountants' Report
-7-
.
tgga5��ji?,i
FLEMING CONSTRUCTION
(Sole Proprietorship)
BILLED
ACCOUNTS RECEIVABLE AGING
September 30, 1976
(UNAUDITED)
�Y
30 -• 59 60 Days
Total Current
Days b Over
REGULAR
ABC Unified School District
Ron Tyford (714).956 -0811
(1)$ 34,560 $ 34,560
-
City of Hawthorne
Clint Smith •(213) 676 -1181
8,43$ 8,435
Walnut Valley Unified School District
Ron Tyford (714) 956 -0811
(2) 8,280 8,280
.
Envlromental Management Agency`s.
Mitz Okiyama (714) 834-7090
(3) 37,920 37,920
City of San Juan Capistrano
City Engineer (714) 493-1171
(4) 24,567 24,567
Total
$113 762 $11 762
RETENTION
Orange County Sanitation
, .
(714) 540 -2910
(5)$ 16,566
$16,566?
Fairview
Ran
Tyfor4 (714) 956 -0811
(6). 49,943
49,943
ABC Unified School District
Ron Tyford (714) 956 -0811
tid
14,920'0'.
$14,1920..
City of Hawthorne
Clint Smith (213) 676 -1181
50,043 C.
50,043
Walnut Valley Unified School District
K
Ron Tyford (714) 956 -0811
7,169 0`
7,169
Enviromental Management.Agency
�X
Mitz Okiyama (714) 834 -7090
1,996 (i
1,996
City.of San Juan Capistrano
.p '
City Engineer (714) 493 -1171
5,650
5,650
Total
$146,287
566 $79,
Note: See schedule attached.for subsequent collections (Footnotes 1 through 6).
1
-9-
�t
FLEMING CONSTRUCTION
(Sole Proprietorship)
BILLED ACCOUNTS RECEIVABLE SUBSEQUENT COLLECTIONS
September 30, 1976
(UNAUDITED)
REGULAR
f
(1) ABC Unified School District 1
The $34,560 was received on'October 19, 1976.
(2) Walnut Valley Unified School District j
The $8,280 was received on October 8, 1976.
(3) Enviromental Management Agency
The $37,920 was received on October 19, 1976. ,
1
(4) City of San Juan Capistrano
A partial payment of $19,280 was received on October 11, 1976.
RETENTION
(5) Orange County Sanitation
The $16,566 was received on October 8, 1976:
(6) Fairview
A partial payment of $45,443 was received on October 27,1976•
r
-10-
-11-
.... ..
FLEMING CONSTRUCTION
(Sole Proprietorship)
ACCOUNTS PAYABLE AGING
September 30, 1976''
(UNAUDITED)
30 - 59 .:60
- 89
90 Days
Tot$i, Current
Days
Oa Xs
E Over, '.'.
All American,
(714) 638 $691 `s
S $!.,j-$40 S.. 43,450
$ 9,165'
:$j,, 294
Sl(f 081
Ampac
k .
(714).985 1839
35,148 3S,lq$
Narpers'Backhoe
(714) $26 -9740
2,312 2,312
L1'Vingston.Graham
- (2)3)'358 -)811
20853 2,853
M. B. Lew
(213) 661 -6781
21,020 21,020
Ruben .Olson
, e
«
(213),893-7239
3,658 3,658
Phoenix Electric
4,.043
4,043
Sundial
5,706
9,706 "{.
R. E. Weal
2',980' .
2,9$D
>S
C. R,, Concrete
5 >177 1,459
3,659.
Under $2,000
14,976 12,603.
2,23 }'
142
Totals
165 3 S ®;502,
$31 c:
S1.426
$10� ,981
-11-
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(
i
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ALLEY IMPROVEMENTS AND SEWER REPLACEMENT
ON
BALBOA ISLAND AND BALBOA PENINSULA
1976 -77
CONTRACT NO. 1880
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California 92663
Gentlemen:
PR 1 of 3
The 4ndersigned declares that he has carefully examined the location of the work, has read
the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes
to furnish all materials and do all the work required to complete Contract No. 1880 in
accordance with the Plans and Specifications, and will take in full payment therefor the
following unit prices for the work, complete in plate, to wit:
NO.
AND UNIT
UNIT PRICE WRITTEN IN WORDS
PRICE
PRICE
1.
500
Construct 4" V.C.P. sewer lateral
Linear Feet
@
Dollars
'
and
Cents $
qq_
dam• c
$ U' GGG, cc
Per Linear Foot
2.
13
Construct 6" V.C.P. sewer lateral
Linear Feet
@ T,, Twm
Dollars
and
Cents $
�te,
Per Linear Foot
3.
1697
Construct 8" V.C.P. sewer main
Linear Feet
@
Dollars
'
�t�
� i9
and
Cents
r�
Per Linear Foot
4.
2
Construct terminal sewer cleanout
Each
per CNB Std. - 4/0/0 -L
/
@
Dollars
and
Cents $
�QC• �o
$ �oc. cc
Per Each
PR2of3
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
5. 5 Construct house lateral seww"r clean -
Each out per detail Sheet 7/
@ Dollars
and qq
�m Cents $ dGd oc $ lrGG. GG
Per Each
6. 3 Construct sewer manhole per CNB
Each Std. -401 -L or Std. -402 -L
@���Tj� �ivr' /yvndl�Pd Dollars
and
/Yo Cents $�J °o, �O $fir• �c
Per Each
7.
16,500
Construct 6" thick P.C.C. alley
Square
Feet
pavement
@ �,f%�i r��
Dollars
//Y lo
and
Cents
$ J• GCi
$ 7 %J`�G, �o
Per Square Foot
8.
3
Construct 6" thick P.C.C. alley
Each
approach over native soil
Dollars
�o
and
Cents
$ vo• cc
$ �G, GG
Per Each
9.
733
Construct 8" thick P.C.C. street
Square
Feet
pavement
@ Tisrem P
Dollars
and
Cents
$ %c
j
$
Per Square Foot '
10.
933
Construct P.C.C. garage approach
Square
Feet
(4" thick unless otherwise shown)
in alley areas
@ TWo
Dollars
7
Cents
$
$ /�% /J 9• �c
Per Square Foot
11.
152
Construct 4" thick P.C.C. sidewalk
Square
Feet
TWo
@
Dollars
Tw eo. Tv
and
Cents
$
Per Square Foot'
i
PR3of3
15. 30
Each
16. 20
Each
@ Ohr° %/aofe. Dollars
t� and
/r o Cents
Lump Sum
Relocate water service to right -of-
way line
$
@ Dollars
and
Cents
Per Each
Install water service
@ Dollars
and �1
/ym Cents $ jz,-ec $
Per Each
TOTAL PRICE WRITTEN IN WORDS:
GnP���n4YaJ %Wow %y/ovr T�cyJr. �OnP�n./i/X1;1 ")Dollars
and
Cents
Date 3-/2-2-7
CONTRACTOR'S LICENSE NO.p2� %035
s
$ / -y yCl .✓
TELEPHONE
CONTRACTOR'S ADDRESS /3 905 [' e e / /af f �/9 10701
AND UNIT
UNIT PRICE WRITTEN IN WORDS PRICE
PRICE
12.
7413
Construct 4" asphalt concrete garage
Square Feet
approach and miscellaneous A.C. joins
@ %W d Dollars
C and
Cents $_
$ %�• �c
Per Square Foot
13.
67
Construct 6" Type "B" P.C.C. curb
Linear Feet
@ Dollars
and
/Vo Cents $
/
$
Per Linear Foot
14.
Lump Sum
Guard underground construction
15. 30
Each
16. 20
Each
@ Ohr° %/aofe. Dollars
t� and
/r o Cents
Lump Sum
Relocate water service to right -of-
way line
$
@ Dollars
and
Cents
Per Each
Install water service
@ Dollars
and �1
/ym Cents $ jz,-ec $
Per Each
TOTAL PRICE WRITTEN IN WORDS:
GnP���n4YaJ %Wow %y/ovr T�cyJr. �OnP�n./i/X1;1 ")Dollars
and
Cents
Date 3-/2-2-7
CONTRACTOR'S LICENSE NO.p2� %035
s
$ / -y yCl .✓
TELEPHONE
CONTRACTOR'S ADDRESS /3 905 [' e e / /af f �/9 10701
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
TO
SPECIAL PROVISIONS
FOR
ALLEY IMPROVEMENTS AND SEWER REPLACEMENT
ON
BALBOA ISLAND AND BALBOA PENINSULA
1976 -77
CONTRACT NO. 1880
Section
Page
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . .
. . . . 1
II.
COMPLETION, SCHEDULE, AND PROSECUTION OF WORK . . . . . .
. . . . 1
III.
PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 2
IV.
CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . .
. . . . 2
V.
PROTECTION OF EXISTING UTILITIES AND STRUCTURES . . . . .
. . . . 3
VI.
GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 3
VII.
GUARDING UNDERGROUND CONSTRUCTION . . . . . . . . . . . .
. . . . 3
VIII.
SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . . . .
. . . . 4
IX.
WATER ..............................
4
X.
PERMITS . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 5
XI.
NOTICE TO RESIDENCES AND BUSINESSES . . . . . . . . . . .
. . . . 5
XII.
PROTECTION OF EXISTING PROPERTY CORNERS . . . . . . . .
. . . . . 5
XIII.
TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . .
. . . . . 5
XIV.
PROTECTION OF EXISTING IMPROVEMENTS . . . . . . . . . .
. . . . . 6
XV.
CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . .
. . . . . 6
A. Sewer Installation . . . . . . . . . . . . . . . .
. . . . . 6
B. Alley Improvements . . . . . . . . . . . . . . . .
. . . . . 8
0
• SP 1 of 10
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
ALLEY IMPROVEMENTS AND SEWER REPLACEMENT
ON
BALBOA ISLAND AND BALBOA PENINSULA
1976 -77
CONTRACT NO. 1880
I. SCOPE OF WORK
The work to be done under this contract consists of removal of existing alley
improvements, sewer main and house laterals; and construction of P.C.C. alley
paving, V.C.P. sewer main and house laterals; adjustments of all existing utility
boxes to finish grade and other incidental items of work as shown on the plans.
The work is located in various alleys on Balboa Island and Balboa Peninsula.
The contract requires the completion of all the work in accordance with (1)
Special Provisions, (2) the Plans (Drawings No. S- 5079 -S and A- 5081 -S), (3) the
City's Standard Special Provisions and Drawings, (4) City of Newport Beach Stan-
dard Specifications. The City's Standard Specifications are the Standard Speci-
fications for Public Works Construction, 1976 Edition including supplements to
date. 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.
II. COMPLETION. SCHEDULE. AND PROSECUTION OF WORK
A. General
The contractor shall complete all work on the contract within 90 consecu-
tive calendar days after award of the contract by the City Council and as
specified in Section 6 of the Standard Specifications.
The contractor shall submit a construction schedule for review by the engi-
neer. This schedule shall be approved by the engineer prior to the start
of any work.
B. Alley Closures
The contractor shall complete all work in an alley related to sewer con-
struction within fifteen (15) consecutive calendar days after beginning
such work on that alley. The term "work" as used herein shall include
• SP2of10
trench excavation, all removals, installation of 8 -inch V.C.P. sewer main
with the house laterals, backfill and compaction and any other related items
of work.
The contractor shall complete all work in a given alley related to alley
reconstruction within fifteen (15) consecutive calendar days after beginning
such work on that alley. The term "work" as used herein shall include all
removals, construction of P.C.C. alley paving, alley approaches, garage
approaches, sidewalks and feather joins, and other related items of work.
Also included within this time limit is the curing time for the new Port-
land cement concrete improvements.
The above requirement means that each alley and every garage approach with
access from that alley must be returned to normal vehicular use within 15
consecutive calendar days from the day it is first closed to such use.
The contractor must employ sufficient men and equipment to meet this schedule.
If it becomes apparent during the course of the work that the contractor will
not be able to meet this schedule, he will be prohibited from starting work
in additional alleys until he has exerted extra effort to meet his original
schedule and he has demonstrated that he will be able to maintain his approved
schedule in the future. Such stoppages of work shall in no way relieve the
contractor from his overall time of completion requirement, nor shall it be
construed as the basis for payment of extra work because additional 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 15 consecu-
tive calendar days (as specified in paragraphs 1 and 2 above) 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 within the 90 calendar days allowed.
The intent of this section of the Special Provisions is to emphasize to the
contractor the importance of prosecuting the construction in an orderly,
pre - planned, continuous fashion, so as to minimize the time an alley is
closed to vehicular traffic.
III. PAYMENT
The unit or lump sum price bid for each item of work shown on the proposal shall
be considered as full compensation for all labor, equipment, materials, and all
other things necessary to complete the work in place, and no additional allowance
will be made therefor.
Payment for incidental items of work, not separately provided for in the pro-
posal, shall be included in the price bid for other related items of work.
IV. CONSTRUCTION SURVEY STAKING
Field surveys for control of construction shall be the responsibility of the
contractor. All such surveys, including construction staking, shall be under
the supervision of a California licensed surveyor or civil engineer. Staking
shall be performed on all items ordinarily requiring grade and alignment at
• . SP 3 of 10
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.
V. PROTECTION OF EXISTING UTILITIES AND STRUCTURES
Known utilities are indicated on the plans. Prior to performing construction
work, the contractor shall request each utility company to locate its facili-
ties. Construction of the work covered in this contract will cause work to
be performed under and very near existing sewer, gas, water, telephone and
electrical lines. The contractor shall protect in place and be responsible for,
at his own expense, any damage to utilities encountered during construction of
the items shown on the plans. The contractor's attention is called to Section 5
and Subsection 7 -9 of the Standard Specifications.
Particular attention is directed to the following existing utilities:
Utility
Telephone Duct (Balboa Island)
6" C.I. Water (Balboa Island)
2" Gas (Balboa Peninsula)
Reach
Sta. 0 + 16 to Sta. 0 + 45
Sta. 10 + 33 to Sta. 10 + 65
So. Bayfront to No. Bayfront
Palm St. to "A" St.
It will be assumed that the contractor has taken into account the cost of pro-
viding the necessary protection for these utilities in the unit price bid for
the items provided in the proposal.
Existing buildings and structures abutting proposed improvements are indicated
on the plans. Prior to construction, the contractor shall verify the location
of existing buildings and structures and shall protect them in place and be
responsible for, at his own expense, any damage to them resulting from con-
struction of the improvements.
The contractor is advised that other contractors or utilities may be install-
ing facilities on or adjacent to the project, and he shall coordinate with them
in order to facilitate orderly progress of all work.
VI. GUARANTEE
The contractor shall guarantee for a period of one year, after acceptance of
the work by the City Council, all materials and workmanship against any defects
_ whatsoever. Any such defects shall be repaired at the contractor's expense.
VII. GUARDING UNDERGROUND CONSTRUCTION
Trench excavation and backfill shall conform to Section 306 -1 of the Standard
Specifications and these Special Provisions.
Guarding - -The walls and faces of all excavations over 5 feet in depth shall be
effectively guarded by a shoring system, sloping of the ground, or other equiva-
lent means. Trenches less than 5 feet in depth shall also be guarded when
examination indicates hazardous ground movement may be expected.
The contractor shall obtain a permit to perform excavation or trench work from
the Division of Industrial Safety, State of California, prior to any construction.
The cost of providing all necessary information to obtain the permit and the cost
of complying with the provisions of the permit shall be included in the lump sum
price bid for guarding underground construction.
0
VIII. SURFACE AND GROUNDWATER CONTROL
Surface Water
• SP4of10'
Surface runoff water containing mud, silt, or other deleterious material
from the project shall be treated by filtration or retention in a settling
basin or basins, sufficient to prevent such waters from directly entering
storm drains or the bay. Prior to commencing construction, the contractor
shall submit a plan for implementing siltation control to the City. Upon
approval of the plan by the City, the contractor shall be responsible for
the implementation and maintenance of the control facilities. The contractor's
attention is called to Subsection 7 -8 of the Standard Specifications as re-
gards project site maintenance.
B. Groundwater
It is anticipated that groundwater will be encountered at various times and
locations during the work herein contemplated. The contractor, by sub-
mitting a bid, acknowledges that he has investigated the risks arising from
groundwater and has prepared his bid accordingly.
C. Dewatering
All water removed from excavations shall be pumped to a portable settling
box of a size and configuration capable of removing suspended solids from
the dewatering operation. The discharge from the box shall have a 2h"
standard fire hose connection. The discharge from the box shall be metered.
Water from the settling box shall be discharged into the nearest sewer man-
hole. Discharge from the box will be periodically sampled by the County
Sanitation Districts of Orange County.
The City has obtained and paid for the necessary permit from County Sani-
tation Districts of Orange County.
One standard fire hydrant meter will be furnished to the contractor and may
be picked up at the City's maintenance yard at 949 West 16th Street from
the Utility Division.
All costs involved in the dewatering operation shall be included in the unit
price bid for the related item requiring dewatering.
IX. WATER
The contractor shall make his own provisions for obtaining and applying water
necessary to perform his work. If the contractor desires to use available city
water, it shall be his responsibility to make arrangements for water purchases
by contacting the City's Utility Superintendent, Mr. Tom Phillips, at (714)
640 -2221.
The contractor shall provide temporary water by -pass line whenever his operations
require shut -off of water. If the contractor can conduct his operation such that
the time period in which the water is shut off on Balboa Island does not exceed
two hours, the by -pass line will not be required. The cost for water by -pass
lines shall be included in unit price bid for related items listed in the pro-
posal.
. . SP 5 of 10
PERMITS
The City has obtained the following permit which is available for inspection
at the Public Works Department:
County Sanitation Districts of Orange County -- permit to
discharge waste water into sewer system (see also Section VIII
Section C, Dewatering).
The contractor shall be responsible for making himself aware of and conducting
his operations in accordance with the requirements of this regulatory agency.
All costs involved in complying with these requirements shall be absorbed by
the contractor in his bid, and no additional compensation will be made therefor.
Before disposing of any demolition or removals at any sanitary landfill site
in Orange County, the contractor shall obtain a permit from the City Public
Works Department. There is no charge for this permit; its purpose is to provide
authorization for the contractor to use those disposal facilities for excess
material.
XI. NOTICE TO RESIDENCES AND BUSINESSES
The City will mail a preliminary notice to all residences and businesses
affected by this work. Between 40 and 55 hours prior to blocking access to
residences or businesses, the contractor shall, with utmost care, distribute
to each and every residence and business, a notice, prepared by the City,
stating when the work will begin and approximately when access to their prop-
erty will be restored.
Errors in distribution, false starts, acts of God, or other alterations of the
schedule will require renotification, using an explanatory letter prepared by
the City and distributed by the contractor.
XII. PROTECTION OF EXISTING PROPERTY CORNERS
Every effort shall be made by the contractor to protect any existing property
corners uncovered during construction. Should any of these corners be disturbed,
they shall be restored by the contractor at his expense and no separate compen-
sation will be made.
XIII. TRAFFIC CONTROL AND ACCESS
The contractor shall provide traffic control and access in accordance with
Section 7 -10 of the Standard Specifications except as modified herein, and
with the standards contained in the Work Area Traffic Control Handbook (WATCH),
also published by Building News, Inc.
Prior to commencing work, the contractor shall submit a written traffic plan
to the engineer for approval. The plan shall show periods of street closure,
the location of signing and detours and any other details required by the
engineer to ensure that all through and local traffic will be handled in a
safe and efficient manner with a minimum of inconvenience to motorists. If,
during the construction period, the modifications of the plans are required,
each said modification shall be approved by the City prior to altering the
• SP6of10
previously approved plan. All street and alley closures shall be in accordance
with the following requirements:
1. No work can start prior to April 11, 1977.
2. One lane for traffic in each direction on Park Avenue must be
maintained at all times during sewer installation and alley
reconstruction.
3. Two lanes for traffic must be maintained on Palm, Washington,
Main and A Streets during sewer installation and alley re-
construction.
4. Alleys may be closed to all traffic for 15 consecutive calen-
dar days for sewer construction and also for alley recon-
struction (see Section II, paragraph B).
The cost of providing traffic control, temporary detours, street crossings,
etc., shall be included in the various bid items of work, and no additional
compensation will be allowed.
XIV. PROTECTION OF EXISTING IMPROVEMENTS
The contractor shall be responsible for the protection of all improvements
adjacent to the work, such as sprinkler systems, drain pipes; lawns, plantings,
brick work, masonry work, fences, walls, etc., located on either public or
private property. If any improvements are removed or damaged, other than those
designated for removal on the drawings, then such improvements shall be re-
placed in kind at the contractor's expense.
XV. CONSTRUCTION DETAILS
A. Sewer Installation
1. Trench Excavation and Backfill
Due to the sandy nature of the soil in many locations and the close-
ness of the buildings to the trench, the length of trench left
unfilled at the end of the day shall be held to a minimum.
Pipe bedding and backfill shall conform to Class "B" per CNB
Std.- 316 -L. Backfill and bedding shall be densified to a minimum
relative compaction of 95% in an approved manner.
2. Vitrified Clay Pipe Sewer Main
All sewer pipe shall be vitrified clay pipe (V.C.P.) and the material
shall conform to Section 207 -8 of the City Standard Specifications.
Field jointing of new 8" V.C.P. sewer main shall conform to Section
306 -1.2.3 of City's Standard Special Provisions. All pipe and special
fittings shall comply with applicable provisions of latest ASTM
standards at time of award of contract.
Wyes shall be furnished and installed to replace existing branches for
each existing service. Exact location for placing new wyes will be
determined in the field by the engineer.
• • SP 7 of 10
A "band- seal" joint or an approved equal shall be used to connect new
8" V.C.P. sewer main to existing concrete sewer main.
Continuous sewer service shall be maintained at all times during con-
struction.
The unit price bid for the new 8" V.C.P. sewer main includes the cost
of excavating; removal and disposing of existing concrete sewer mains;
removing and disposing of existing manholes, chimneys, flush tanks;
plugging the existing sewer main as necessary; removal of interfering
utility lines that are shown on plans as abandoned; rebuilding and re-
landscaping median planter; connecting the house and commercial
laterals to the new wyes; backfilling and compacting trench; and any
other related work for which separate bid items are not provided for
in the proposal.
Vitrified Clay Pipe House Laterals
The vitrified clay pipe material and the field jointing method to be
used for the house laterals shall conform to the requirements for
sewer mains.
The work consists of replacing all existing house laterals from the new
sewer main to the property line or other satisfactory point of connection,
as designated by engineer. All new laterals shall be 4" V.C.P. unless
otherwise noted on plans or designated by engineer. Connections of new
laterals to existing laterals at property line should be made with an
approved neoprene banded - rubber mechanical coupling with the correct
size bushing to ensure a tight connection. The type and size of the
existing laterals at property will vary. V.C.P. and cast iron pipe in
sizes of 4 and 6 inches may be typical; however, this must be verified
by the contractor.
The locations of the existing laterals shown on the plans are approxi-
mate only. The exact locations shall be determined by the contractor
in the field. The new V.C.P. laterals shall be aligned as near to
perpendicular to the sewer main as possible.
The unit price bid for the new 4" or 6" V.C.P. laterals includes the
cost of excavating, removal and disposing of existing laterals, con-
necting the new lateral to the existing lateral at property line or
other specified point of connection, backfilling and compaction, and
other related work for which separate bid items are not provided for
in the proposal.
Sewer Manholes and Clean -outs
The sewer manholes and clean -out tops shall be temporarily installed
at least 6 inches below finish grade. The tops shall be adjusted to
finish grade just prior to placement of portland cement concrete alley
paving.
Lateral clean -outs and terminal clean -outs shall be constructed at
the locations shown on the plans.
• • SP 8 of 10
Ailey Improvements
Removals, 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 pave-
ment 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 removals, excavation, and
sidered as included in the unit prices
associated items of new work.
and Cement Concrete
subgrade preparation will be con -
paid for the corresponding or
Portland cement concrete furnished for construction of all alley pave-
ment, 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 II of these Special
Provisions, the contractor may find it necessary to add additional
cement, use special aggregates, or use admixtures to meet the speci-
fications. 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 sur-
face shall be medium 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 mini-
mum 2" deep saw cut within 24 hours at the right -of -way line.
Alley joints shall be constructed as shown on CNB Drawing No. Std. - 141 -L.
Special care shall be taken to locate weakened plane joints at water
meter boxes, power poles, and other critical locations.
rI
• SP 9 of 10
3. Alley Approaches
Portland cement concrete alley approaches shall be constructed in accord-
ance with the City of Newport Beach Drawing No. STD -142 -L with the follow-
ing exceptions:
(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 as shown on the plans.
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 headers shall be installed where
support is required at existing fences and 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.
6. 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.
The cost of adjusting all utility boxes, manholes, etc., to finish grade
shall be included in the unit price bid for constructing the alley pavement,
and no additional compensation will be allowed.
I. Relocation or Installation of Water Services
Where the edge of an existing water meter box is not positioned within
6" of the alley right -of -way line, it shall be relocated to the right -of
way line. The relocation of the water meter box shall include moving the
water meter and installing a new water service as shown on CNB STD -502 -L or
STD -503 -L as applicable.
When an existing water meter box is adjusted to finish grade resulting in
a variance greater than ± 3 inches in the vertical direction from the loca-
tion shown in CNB STD - 502 -L, the water service and meter shall be adjusted
to conform with said standard. The adjustment may be made by bending the
existing copper service line. This work shall include adjusting piping on the
customers side of the meter.
According to the best information available all service lines to the meters
are copper but this is not guaranteed. The contractor should note that the
City has no knowledge of the material, size, or condition of service lines
0 SP 10 of 10-
on the customers side of the meter. All materials used to adjust customers
service lines shall be equal or better than the original.
In the event that service piping to the meter cannot be adjusted by bending,
a new service line and the existing meter shall be installed as shown on
CNB STD -502 -L or STD -503 -L as applicable.
The contractor shall be responsible for any damage to existing water meters
or services resulting from his operations. He shall have all damage re-
paired at his expense and no additional compensation will be made therefor.
The contractor shall install new water meter boxes furnished by the City
when it is determined by the Engineer that the existing water meter box
was broken by others and not as a result of the contractor's operations.
The contractor shall pick up the needed water meter boxes at 592 Superior
Avenue. There will be no separate compensation made for obtaining and
installing the new water meter boxes that are in need of replacement.
8. 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.
9. 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 the alley pavement, and no additional compensation will be
allowed.
Covendltt
0
COVENANT MUTUAL INSURANCE COMPANY
BID BOND
Approved by The American Inrtitute of Architects,
A.I.A. Dowment No. A -310 IFeb. 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, That we,
0
Bond No. BBSU
FLEMING CONSTRUCTION
as Principal, hereinafter called the Principal,
and the COVENANT MUTUAL INSURANCE COMPANY, of Hartford, Connecticut, a corporation duly or-
ganized under the laws of the State of 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 THE TOTAL AMOUNT OF THE BID IN Dollars
($ 10% ), 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 & Sewer Replacement
on Balboa Island and Penninsula Contract # 1880
( IN ACCORDANCE WITH THE ATTACHED PROPOSAL)
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 17th day of March , 1977
FLEMING CONSTRUCTION (Seal)
Principal
B
Title
COVENANT MUTUgLINSURANCE
By—
BARBARA BLUMER Attorney -in -Fact
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CMNANT MUTUAL INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby
make, constitute and appoint
BARBARA BLUMER
its true and lawful Attorney (s)-in-Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog-
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof in an unlimited amount.
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by -laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
or all of the officers as it may In its discretion determine including, without limitation or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12, 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, it
a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking, recognizance,
consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal
may be affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there-
of; such signature and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
Attest: if C% 'la •, �f3o
Assistant Secretary
STATE OF CONNECTICUT
ss:
COUNTY OF HARTFORD
COVENANT MUTUAL INSURANCE COMPANY
By
Vice Presid t
On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E.
Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut;
thatthey are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that they know the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under
the by -laws of said corporation, and that they signed their names thereto by like authority.
`a ........!.4.
•; t� %• •. cr •, `_ �L�t �t �. *.-C.. % `�C7a21~ L' •fC-J
? ?;•roTAArs. Notary Public
` My commission expires March 31, 1978
° "rMiCflc��` r CERTIFICATION
..........
I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, the above - quoted provisions of Section 12 of the by -laws and the resolutions of the
Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect.
Signed and sealed at Hartford, Connecticut, this 17th day of March 19 77
Assistant Secre _ y
0 1 0
RESOLUTION NO. 044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING A CONTRACT TO
FLEMING CONSTRUCTION COMPANY FOR ALLEY
IMPROVEMENTS AND SEWER REPLACEMENT ON BALBOA
ISLAND AND BALBOA PENINSULA, CONTRACT NO..1880
WHEREAS, pursuant to the notice inviting bids for
work in connection with alley improvements and sewer replacement
on Balboa Island and Balboa Peninsula, in accordance with the
plans and specifications heretofore adopted, bids were
received on the 17th day of March, 1977, and publicly opened
and declared; and
WHEREAS, it appears that the lowest responsible
bidder therefore is FLEMING CONSTRUCTION COMPANY;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the bid of Fleming Construction
Company for the work in the amount of $124,116.40 be accepted,
and that the contract for the described work be awarded to said
bidder;
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized and directed to execute_a contract in
accordance with the specifications, bid and this award on behalf
of the City of Newport Beach,, and that the City Clerk be directed
to furnish an executed copy to the successful bidder.
ADOPTED this 28th day of March , 1977.
Mayor
ATTEST:
City Clerk
r;:
DDO /bc
3/28/77