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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 GPD:jd — , 20 a %l 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 1;:hh Att. ICA! jo F? . , or '00 to� . I V x0l WI 27 a C, 27 2♦ T7 IV t1 a 9 ZO Z7 2Z &9 27 ! zz: KC JZ eff.f ArJ Is Z4 zS 2F 4 05 Z9 if 5z 9 35 so 7 I, I A All Alley Improvements and Sewer Main Replacement Balboa Island & Balboa Peninsula 1976-77 C-1880 0 Alley Improvements and Sewer Main Replacement { t Balboa Island & Balboa Peninsula 0 i a 1 yl{.I4 �t t, �!•�Ot�l �l�. 4t T •.• ;u m 0 Alley Improvements and Sewer Main Replacement { t Balboa Island & Balboa Peninsula 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 3117 A 2 7 8 '97 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 $94,000. Funds are available in the Annual Street and Alley Program (Budget Number 02- 3376 -014) and the Sewer Main Replacement Program (Budget Number 02- 5597 -102). The plans and specifications were prepared by the Public Works Department. The estimated date of completion is July 1, 1977. h T. Devlin c ks Director 7:hh Att. Sr -- td v fY'J / A 'Y!' IMF" r •d `� ` `I� a IV TA Jig or tl Q 5 / pL rjCIt pF, Lp r .Art �S � ce,� toll F,a{ ;/ yt PL ALL 1 1� �yy,DL `�� � 3 a'/ ae i o• L ` � > ,..,n - :, Ox 1 50 er nL a :x3 rtr; Q rM a Q `x X u; W rc n .e u; y u 10 At t i6 AF � 72 OP e? � a 5a�L��E�. ; �q , 2 n ; as r Q 1.9 ec'$ R M 17 4 r r..W / / / ,+ ► Q y: t✓ u e $ t9 d , $ ,, 3o a it .e ro •. 9c ; ?l R $ zl .c ; sv at n N v 5/ 5 5 �4 { rt a R r/ a # rs m + r » zv L s k AS 2f L rib 'L 9 ly y ro n o c n b; a a 4 $ AV $ As y _ t$ '°• rr „ 3 ea. i .. N T9 .. A x ; -•+:J. a `..V „ � � . 5 a• °` ' % _ PARK AV +g 6 vt L Y n t 4.7 a i 'v rs c v' v 4 a: v, :,k U51C <o`✓'" t nc y ze,' e v K 42i a4 `125 ,crt tm AO kU ?.V ? i ZS M e W 7a vy 4x a <. gz erg 927 14 :W o v n a 4 m 13 I n \ �,• `y: ai , •fi z v ? O( ¢ ar .¢v /z t 4 V . r" d it. W A M T 10 n k 4 J/ \ \.•.dam• s Q " 7 �:$an , v V ;m ,d �4 +r Mn •a � 1 ��{ 3r O c � i2 9 �_ Q �, d3 7 $s y ,off Alley Improvements and . __ Sewer Main Replacement Balboa Island $ Balboa Peninsula 1976 -77 r A rh JA i...� •S,.,Y A ,.<<��. _ 4:,, C ,��a71_1_s';: "�, -'.f I. -__ :m4`jji� � k I � ' j it .00 ,bb pkt It Lqfff;j S 4b N i pe 7 OU, iI IS tz zi A 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 i ', .\ A"' Doris Geo e 1 Att. cc: Finance Department [� \t 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 or- ( ■ n $ ca § � \ I § » p§ ! ■ � z;2 §§ 2 §]2; 2 - o Ll _ M q (3 o k`� \( ƒ� -V - ! 3) ) ( \F (} /{ {/\ » \ F Mo. }zz_\ ` § _ 0.FL / � } \ ( \ ) ) m CL . . . .� II -S.: � �, A N u o Z rip ox Nei D 1 Z 6, V Nm mD Woo L »^- +or to CnE �K2y (ai a a 0 N C L O m m ] O O N OlE ? 6 6 O_- S ] ° O d00 K O' m rt p T O m b 3 3 `0Ic v' 3 ^ c CL m N d m � ] m w O ^ 6 L Z. m E ° r a m S K G' a- m S a ] m m m ] N K dam N T N m r. Cm x K � m C S• N S _ C m M n^ � T � D 0 N 1 m Y ] ° � T Sm J N + S 6 O_ tp m ] 3 Z 4 O �. ^ C m a-- 6 w ] in N m cF CL m K 0 H r �O 0 O m m O m K ^ m m N Z o 0 re N o o N ! 0 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 3 mB o N Z O O mo�a� a a < O z > m T N N`JC (�rrr "n�mrm Z -(lz O) O v O N Q e Sb O 0 0 ,o� o E 10 0_ro S 's b O m p c Q CL c o m m s rt A O 4 _rt n' IL O C S � d b 7 q m O E o_ S x b 6 � S d C K d d L S � d L S _ 0 A d N o z-�D ro n o 0 o m o 0 0_ W rt S ° 6 � O a E O_N Sb d � N y° O 3 3 � E b N y ^ G 3 O_— 6 L� to to L] T H to cit 0 0 H r �O I� O m 3 d d O 7 6 6 l/ N 0 0 w r ° N O d N N N N J 0 I r a o c � E Z Z d m ? S_ � O O 3 N 0, 2 O 3 N _ no, c A o 3 m O _ n ^ v w � S C ❑. O c o j = N o E N (p (p N � m a n a m S O S N o F = CL a � O _M n C w• o- N N i m a c CL m 0 r (U O E H 0 Fe CD cD H B H O4 hJ n N O � �w c+ tl9 H 0 c+ w O 0 o a c ., 0 o a � r H z O 0 m m z C H a c =. N A ti N T O 3 N fIM_\ a z 0 w ., a � O C y� Q n v m N 0 _ w a v v A a A � a IV V 6 A O 3 V T.P%l \ \�27� 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 Title n � , § ( / �� t§ tzi � � § B� z2Q7 3 2 5:}; 2 ZCL - / Ft rn rm \ \� IV - $ &) ?[\2 -s } / { /\o ( }[\)[2 � }I�& CL a FL [ J _ \ ) ev CL • - - -A \ x . • 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 re sal ) ve gal N x n ri o Agmlbk rn 0 1 i n 0 q � r > r r3 ? cat d p,o- ;4�:.OJV � DQi�16�N�� az �o D � o� Z b� lift- G r r ^ n v C- n S� p r= r u in p r G k n o L D� . n Pri � x 1 pL L� i r •- �`UIC O Or r� H N *n ?It�p�t 00in NIV pN8$ gN�uZ �. 4E' y�$Isb°lok'1$�. EvE CU 4•{ VR1'c� t E le d P. t li C to I$ 1 G 6' r s - ! J z 4 W s + O I rn 0 1 z � R —nl 0 q (!i Z r > r r3 ? p IN ;4�:.OJV � JAN az �o D � o� Z b� lift- G r ro- =on J rl jb J� U u n ra ..a n 0 c�°z i 2 m a o y. N 2 r y� �L r3 3 g m — Nis 03p Z3 Q. -j E QL �o D � gig DPas v 70 Z „ Ua C c: r a D a �7 { M L ° n e m I a r _ ga4�6� � _r@re�ng�ouc: i *W4 p ��a A W bdU NvO/ z p r to v. w u Ina @ �Q'in NN SNb$ 7i N`q= fA fn arercre1 GP�� G C ` C 2 I { C 2 1 --1 j � b c�°z i 2 m a o y. N 2 r y� �L r3 3 g m — Nis 03p Z3 Q. -j E QL �o D � gig DPas v 70 Z „ Ua C c: r a D a �7 { M L ° n e m 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 �I ,. 10 11 12i m'a11 r� !' r • `� . �( �.. ' °_� 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- Sig. \ A= |2 � |4 � if Zn § / d� ¥ - - . - - \.rp : <«d � ` \ < \ 7 »^ r a p §; . 00 4 � d� ¥ i s . _ I ' - t - IBM.r : �, � . ir/ • / - JJ J a , i ! 4.�. a ,® fJ u x% , r� ( 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 \ / ( ■� \ \ � % 3 I '■ § » $ � \21\0 - §$ }2;fo \ q o (|& §.}� -2\ \ k 0- k (}{\�\ \ \ � -;0 E2 }N C+ } � \ } ep }0 � [ : � } \ - - - -- - - -� 's L '_ ! ƒ �} 0 _ X5!)2 / \\ \\�\ F -;!■ § o $ ! 011-i \ \0} 0j � £ o CL 0 -0 3 3 0 cr 3 CL 0 )EnOe 0 { //b 0 CL CL 0 0 CL \CL OBE} 0 CL ° § \ \ � ( CL 4 w ( & � !d tr ) \ ) ${ 0 »� {� 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