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Home My WebLink AboutC-2239 - Garnet Avenue Reconstructioni�. • September 15, 1981 CITY OF NEWPORT BEACH Sully- Miller Contracting Co. P.O. Box 432 Orange, CA 92667 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Surety: Seaboard Surety Company Bonds No.: 81 -032 Project: Garnet Ave Street Improvement Contract.No.: C -2239 The City Council on July 14, 1981, 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 the Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on July 21, 1981 in Book 14149, Page 103. Please notify your surety company that bonds may be released 35 days after recording date. Wanda E. Andersen City Clerk WEA:1r cc: Public Works Dept. City (tall • 3300 Newport Boulevard, Neu-port Beach, California 92663 28704 C13 NO'T'ICE OF COMPLETION PUBLIC WORKS 8K 14149Pr; 103 F coufflY. CAUf 1 m JUI21'81 10 All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on June 20, 1981 the Public Works project consisting of CArnpt Ayml; Strppt Rprons on which Sully4tll r Cam a n, Cc=anv of Oranee was the contractor, and Seaboard Surety Comoany was the surety, was completed. VERIFICATION I, the undersigned, say: CITY OF NEWPORT�B%FAACH l ? t . / 44" Public Works Director 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 15, 1981 at Newport Beach, California. J, � im- �-- � J_- ); T�iblic/Uorks Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on July 14, 1981 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 15, 1981 at Newport Beach, California. RECORDING REOUESI BY AND MAIL TO CITY HALL 3300 Newport Boulevard / l City Clerk Newport BeaCh, California 92663 I .ems._ — �.x'i•' d • • Li APPROVED JUL 1 A 1981 BY the C:i'i Y COUNCIL CITY %. r.' -dqRP 0WW FROM: Public Works Department Q July 14, 1981 CITY COUNCIL AGENDA ITEM NO. F- I SUBJECT: ACCEPTANCE OF GARNET AVENUE STREET RECONSTRUCTION (C -2239) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the reconstruction of portions of Garnet Avenue has been completed to the satisfaction of the Public Works Department. The bid price was $17,226.80 Amount of unit price items constructed 18,394.20 Amount of change orders None Total contract cost 18,394.20 Funds were budgeted in the General Fund, Acct. No. 02- 3380 -015. The increase in the amount of unit price items constructed was due primarily to the replacement of a greater area of sidewalk than had been anti- cipated. The design engineering was performed by the Public Works Department. The contractor is Sully - Miller Contracting Co. of Orange. The original date of completion was June 10, 1981. The contractor was delayed in starting until June 11, 1981. The work was completed in 9 days on June 20, 1981. Benjamin B. Nolan Public Works Director GPD:jd May 22, 1981 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2239 Description of Contract Carnet Avenue Street Mrprovement Park Avenue to South Bav Front Effective date of Contract May 21, 1981 Authorized by Resolution No. 10034 , adopted on May 11, 1981 Contract with Stilly- Miller Contracting Ccnpany Adress P.O. Box 432 Orapw,�CA 92667 Amount of Contract $17,226.80 Wanda E. Andersen City Clerk WEA:bf City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 CITY OF NEWPORT BEACH TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 2239 OFFICE OF THE CITY CLERK (714) 640 -2251 Date May 22, 1981 Project Garnet Avenue Street Improvement Park Avenue to South Bay Front Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Sully - Miller Contracting Company Address: P.O. Box 432 Orange, CA 92667 Amount: $ 17,226.80 Effective Dater May 21, 1981 Resolution No. 10034 adopted May 11, 1981 '4 Wanda Andersen Attachment cc: Finance Department City Mall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY CLERK NOTICE INVITING BIDS Seated bids may be' received .at the office of the City Clerk, 3300 Newport.Boulevard; Newport Beach, CA 92663 until 11:.00 - on the 29th day of�A ri1�,19 81, at which t mew a shall a opened and read of r GARNET MENUE STREET IMPROVEMENT RECONSTRUCTION PARK AVENUE TO SOUTH BAY FRONT Title of roject r. 2239 Contract o. .$19,212 - $ }4;48q- �gineer s stimate OTC � n cqt/ FoRN�P Approved by the City Council this 13th day ofApril ,1981. Wanda .Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the" office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Lloyd Dalton at 640 -2281. Project.Eng neer i f s - ., .:;. r { _ ', rr' to �' G { � � � � $` �ry y �. .. R 1^:.. .. �_�... ::; i. w CITY OF NEWPORT BEACH PUBLIC'WORKS DEPARTMENT GARNET AVENUE STREET IMPROVEMENT RECONSTRUCTION PARK AVENUE TO SOUTH BAY FRONT CONTRACT NO. 2239 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: P la The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 2239 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Clearing and grubbing @Four thousand five hundred fifty Dollars and No Cents $ 4,550.00 $ 4,550.00 Per Lump Sum 2. 18 Remove tree, stump and roots Each @One Hundred forty Dollars and No Cents $ 140.00 $ 2,520.00 Per Each 3,744 3. Construct pavement Square Feet @One Dollars and Eighty Cents $ 1.80 $ 6,739:20 Per Square Foot 4. 1,506 Construct sidewalk, including tree Square Feet wells @ One Dollars and Forty Cents $ 1.40 $ 2,108.40 Per Square Foot . • P lb T PRICE WRITTEN IN WORDS PRICE 5. 122 Construct curb Linear Feet @ Five Dollars and No Cents $ 5.00 $ 610.90 Per Linear Foot , 304 6. -620- Construct alley aprons Square Feet @ Two Dollars and Thirty Cents $ 2.30 $ 699.20 Per Square Foot TOTAL PRICE WRITTEN IN WORDS: Seventeen thousand two hundred twenty -six Dollars and eighty Cents $ 17,226.80 1538 A Sully- Miller Contracting Company Contractor's Lic. No. & Classification Bidder April 29, 1981 Date /s/ Robert E. Holland, Vice President Authorized Signature /Title P. 0. Box 432, Orange, California 92667 (714) 639 -1400 Bidder s Address Bidder's Telephone No. • ' Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3.. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division.III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations 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 con- tract. A copy of said determination 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 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 1538 A Contr's Lic. No. & Classification April 29. 1981 Date Sully- Miller Contracting Company Bidder Authorized Signature/ itle Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by.State law. Item of Work Subcontractor Address 1. 9 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Sully- Miller Contracting Company Bidder /s/ Robert E. Holland, Vice President Authorized Signature/Title FOR ORIG19L SEE CITY CLERK'S FILE COPY UII_' :I1T KNOW ALL MEN BY THESE PRESENTS, That we, Sully- Miller Contracting Company and Seaboard Surety Company Page 4 as bidder, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Total Amount of the Bid in--- - - - - -- Dollars ($ 10% of bid ) , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Front C -2239 e in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 29th day of April , 1981. (Attach acknowledgement of Attorney -in -Fact) Michele E. Drakulich Commission Expires August 30, 1981 Sully- Miller Contracting Company Bidder /s/ Frank E. Holland, Assistant Secretary Authorized Signature /Title Seaboard Surety Company Surety By /s/ J. H. Caithamer Title Attorney -In -Fact Page 5 NON- COLLUSION AFFIDAVIT The bidder, 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 arrange- ment or agreement 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 agreement..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 bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does.not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever 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 29th day of April 1981 . My commission expires: March 16, 1984 Sully- Miller Contracting Company Bidder /s/ Robert E. Holland, Vice President Authorized Signature /Title /s/ Rebecca A. Whalen Notary Public FOR ORIGIV SEE CITY CLERK'S FILE COPY • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY: The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Sully - Miller. Contracting Company Bidder E. Holland Vice President Authorized Signature Title 0 • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No SEE ATTACHED Sully- Miller Contracting Company Bidder /s/ Robert E. Holland, Vice President Authorized Signature /Title . rr • . rro)e<t Eap<rlen<e • - Pags^_ Itaa_� . Valve Of Nark ' Year Type of Hurk Perform <d LLtiatlon of work Par Who. rerfor. J 12/31/74 Paving, . Utalna AO. 6 util. 624,753 L. A, Wrtvr _ Loa Antoles hasher Vcparvwnt ' Street Inprovcnent 792,919 Orange Cuunty City of Costa Hcna • Street Impreve..t 773,598 Onnp< Cu no ty City of Costa Henn • Sewer 724,468 Onnec County Orange County Sanitation Dlstrlct •� w hlpellna Pipeltoo '3,66L,669 2,255,473 L. A, Grunty L. A. County Rasropolitan Fn[a•r Diltric: Ratropolimn Mater District w .Waterwatar Re<lam. Pit. 2.945,040 Pala N,! re Coa:hella Veticr Co. water Ubt. w Wtplog Plant 1,641,936 Pcarblo „nw _ Stxte of C.11fornia • Sever 1,678,938 Ins AnKrlcs City of Los AnjwlI , • Stem Drain ' 1,019,452 Pce 01o5sun L. A. County Flood Control Dist. w hump. Pits. - Control Bidgs. 1.269,347 Kam County Kam County water Aganey • Distrlb. C3.a1 L Paservoin 1,330,617 Kern County Cawelo Mater District w Water Dtstrib. System 1,042,227 Haseo, California rutton.Illor Improvement w Cater Line 1,022,490 Pueblo, Colorado Pablo Mast Metro. lot ;t. 6 slcc.410,h • Pipeline Extension 646,146 San Jacinto lbttopolitan Mater District tap• ,. 1213117S Storm Drain 5,074,615 Glendale L. A. Co. Flood Control District ^ Interceptor Serer Line' 4,343,553 Carden Grove !range Co- Sanitation , • Cater Treatment Plant 2.699,559 Bakersfield Kern Co. Mater Agency • 7 Pap Pits. - 7 Con. Bldg3. 2.129,336 Bakersfield Kam Co. hater Agency • Caste Ktr. Reeiam. Plant 2,017,448 Palm Desert {Coachella Valley Water District • Stom Drain 3.335,215 Varhattan Beach L. A. Co. Flood Control District • Cater Distribution Systems 1,019,443 MASCO buttonwillov Improvement Disc.. -iet • Stara Drain Pipe L Box 987,669 Riverside Uvorside Co. Flood Control District • Bar Roidray 91D,OSS Irvine the Irvine Company ° Pto.ping Plant 2nd Discharge 9D7,438 Pearblossom Dept, Mater Resources - St.of Cali£. • - Stem Drain 837,352 Orange The Irvine Company • lomouts- Discharge Pipelines 742,404 Bake^ field Kam County Water Agency w Street Ieprovmencs 736,735 Wilmington City of Los An Eeles • Street Construction 729,572 Los Angeles L. A. Harbor Deo.rsment - 4 Seinf. Cone. B.7L Culvert 709,629 Escondido City of Escondido • 32/31/76 Prep Plants - Control Buildings 9,152,104 Kern County Caren County Water Agency - ^ Stores Drain 5,064,793 Antelope Valley Antelope Valley -E. Kern Water Agency ° Interceptor Sever 4,317,614 Denver, Colorado SLetm. Denver Sewage Disp. District ' ° Channel 3.364,084 Cucamonga Dept. of Army, Corps Of Engineers • Caterlincs 2,094,109 Yv-a, Arizona Stcrrau of Prclaxation ^ -7tacts - Hew Development 1,133,237 Aliso Hi115 . Pnroland Devaiopm <nc Company ^ Storm Drain 1,096,693 Phoenix. Ari.9ha City of Phoenix ' °- atom Crain 1.000,865 Irvine This Irvine Company • Street Widening 855,440 'Los Angeles - L. L. Comity Redev. Agency w Street Widening 726,047 C/0 Simi valley. CA C/0 Simi Valley 4 ^ Serava tion Plant - Sneer. Sever 723,222 Los Angeles County L. A. County Sanitation District ft ' f1 • All Igrovemcnts 659,742 Brea Hall - Brea, CA ISOrart D-v. Co. Street Improvements 617,675 Waste. CA C/O D.a rte w • Street Ieprovemcnts 607,124 Long Reach I, A. Coamty Road Oepa: aenc Interceptor Serer 579,627 Irvine Irving Parch Water Distriec 12/37/77 Interceptor Sewer 6,837,423 Denser, Colorado _ 7-AStrv. Denver Sewage Disp. District ^ Stars Csasns, Flier Lines 5,401,116 mire, CA m. ltvire Assmsr..cne risiricr 'se” '• Tracts - New Vevelopmrnt 5,363,263 Alisa Hills, CA Mretand Development Co. ^ Seeen 4,281.117 Umbria, CA County of San Luis Obispo '^ Senvarx 2,333.575 Mice, CA take Cevmty Sanitation District ^ Star t=ales 2,316,945 Phoenix, ArSmna City of fnoenix _ Q ° Pipe Liras 2,037,790 .Daggett, U So. California Edison Coaoany If ^ Fuiness Park - New Develop. 1,752,917 Brea, CA Mmland Devlopacnt Company Streets, Curbs, Sidewalks 1,610,914 Irvine, CA i3. Irs-ina Assessment Co. • Caterllnes 1.269,919 dbrterey, CA Pbaterey County Is Puspirp Stations 1.110,167 Yaliry Center, CA Yslley Center shLnicipal Water Dist._ j ^ Vater Lines 1.085.658 Redvood Palley, CA redwood Valli, County Water Distr. ti - ^ gunnel 1,079,460 C. :nga, CA r aro - D. S. Arty Corps of Engineers Stom Drains ' 929,562 Irvine, CA nmingt.n Veveloparne Co. _ w _ Canal Imorovenents _ 912.I95 Lost hills. CA - Lost Hills Water District •� 12 -31 -78 Waterlines 3.946,977 Pbaterey, CA. 1- bnterey County { ^ Streets, Garbs, Sidewalks 2,131,538 Irvine, CA. Pa. Irvine Assessment District • ^ - $tam Orains, Waterlines 2,163,612 Irvine, CA. L'a. Irvine, Assessment District ' w &sines, Park 1.902,619 Brea, CA. Mrelrnd Development Company i 'r ^ tummy Imprnven -r. :a 1,772,018 Long Beach, CA. Long reach Airport 111 ss Trcts Mew Devclopment 1,730,914 L +gun. lull,, CA, ibmland DcvelOPmne Company N $axis 1,473,414 Casbrla, CA. County of San Lola Obispo ' ^ Stre.c Ice evrments 1.213,965 Garden Grove, CA. City of Cnrdrn Grove t is Serer Umax 11059,507 Dana Paint, CA. O.S. Government Sietr. Ocean 6Ltfall i ^ Cater L!nes 453,913 rcdw od Valley, CA. Kndwod Palley County Water District a Sttaet in, rarer. eats L13,940 CeTrlto a, CA. City of Cet slim 8trv.t 1 -pro,: .ants 803,942 Hmruvla, CA. City of 14n, ovla Street 761,073 Guktington Reach, CA. City of 1:,mtlnitun Park . a ^ Parking L_t tr!•ro rr ncnb 705,639 Catch+ Grave, CA. City of rerdcn Crovc Peak Ln6 Lc: Imp taro •cots 616,531 l"V'M Ceech, CA. Irvlr.0 Co:Pany Appmxl.atN Y 2 r.0n.3 non IndlvlJual construction projects ere completr,l aenually. Ibe erporienco list above represents •may only v.a of tLe t prol+ets cnepleteJ tF.a• reapecttro period. — NOTICE • Page 8 The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13,14 & 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edition adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. Page 9 BOND NO. 81 -032 PAYMENT BOND PREMIUM: $22XAB INCLUDED IN FAITHFUL 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 May 11, 1981 has awarded to Sully- Miller Contracting Company hereinafter designated as the "Principal ", a contract for Garnet Avenue Street Improvement Reconstruction Park Avenue to South Bay Front C -2239 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 Sully- Miller Contracting Comoany as Principal, and Seaboard Surety Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of said sum being 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 r Page 10 Payment Bond (Continued) this bond, as required by the Provisions_ of;Wii.on 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 15th day-of May , 19 81 Approved as to form: City Attorney SULLY- MILLER CONTRACTING COMPAN�'gpa r Name of Contractor (Principal Authorized Signature and Title W. DUANE RASH, SENIOR VICE- PRESIISENT BY: DALE O. DURHAM, ASSISTANT SECRETARY SEABOARD SURETY COMPANY ASealY. Name of Surety 19700 Fairchild, UA re ano unie or Autnoi O. PITTMAN, ATTOF East South Street, 213/531 -3550 Telephone No.. of Agent 130', Irvi 4e, CA 92�i5 Long Beach, CA 90805 �n ^t am u %:r ?•'. 1 ..,• rot � .. :. .t Y L IV OF I r s .- n - —._ : v 4 �',:. - 'tea ^vs .;•' -. � '.. I a. /nq \ \w <b En /\¢ o &,pv ® >w *n �ME ` M !. 5' \\ \i tz > %m § >&z / , } 999: \� % {} : ; & + - r, n, ee - >,�: ■ p:: 5 \ /§; ± K�& : §§! »; \( §» ƒ § «a |�§io4 & /=:w; °; »: : : ! z M3 •; w: : mRR� ECD &±\ \ X72: ! ! a%) /y \ }: } 31 � J � a }� }mod �EI \\ » \ \y\ \` ° \\ co \ � \ ( _ J� .a -/ $ \� { $ f( d \ \2 \} \} \ }\ \\ \ 2 \}° {+ 4E ® \ � \ ( _ Page 11 BOND NO. 81 -032 FAITHFUL PERFORMANCE BOND PREMIUM: $22.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 11, 1981 has awarded to Sully- Miller Contracting Company hereinafter designated as the "Principal ", a contract for Garnet Avenue Street Improvement Reconstruction Park Avenue to South Bay Front C -2239 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, Sully- Miller Contracting Company as Principal, and Seaboard Surety Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Seventeen Thousand Two Hundred Twenty -Six & 80 /l0 %ollars ($17,226.80 - - - -j� 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, i as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be,performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice • • i t .i 0 Faithful Performance Bond (Continued) Page 12 of any such change, extension of time, alterations or additions to the terns 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 15th day of May , 1981 Approved as to form: City Att ey V SULLY — MILLER CONTRACTING COMPANY (Seal) Name of Contractor (Principal) By -M uthorized Signature and Tit = = W. D RASH, SENIO/R� VICF?PPESIDENT.`. BY : )r, V l : (� v /Ilion n. Authorized"Signature and Title DALE O. DURHAM, ASSISTANT SECRETARY SEABOARD SURETY COMPANY (Seal,) Name of Surety 19700 Fairchild, Suite 1301'-, IrV151d-, `CA 92715 Address of Surety BY: ,- re ano Iltle OT Autnorizea Agent O. PITTMAN, ATTORNEY —IN —FACT 00 East South Street, Long Beach, CA 90805 Iress of Aaent 213/531 -3550 Telephone No. of Agent 9 0 =l � g \E({ § \ ±@ )> • td `Lill \gig \ z/ \2§§ . �) � � M \� )� � � o£= tj \�( ) [\ {E{ 0,2 f(a 4® K §E } {\ ± ®§ » }R �$\ ®/x /E( /7) \ \/ \ { j ,nn® �\[\ / >w *m f ° § ®/o )35® � \ > :/ \� \ / Q� \ { j (� \ }7 \/e + , � \ � \ \\ / /(K [ (/[ ; . g \ }\ // � }�- ��G((( \§) \ \\ }7 \/e \ � / [ }7 \/e • CERTIFICATE OF INSURANCE • CERTIFICATE City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Koppers company, TAF:_& its Subsidiary I 3000 East South Street Page 13 INSURANCE COMPANIES AFFORDING COVERAGES A The Travelers Insurance Co. ny E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). COMPANY Policy Policy LIMITS OF LIABILITY IN THOUSANDS 000 LETTER TYPE OF INSURANCE No. Exp. Each JAggregate Date Occurrence GENERAL LIABILITY • EXComprehensive Form TRSLG 8OT45 3 -81 Bodily Injury $ $ [X Premises- Operations EYExplosion & Collapse Hazard 5 -1 -82 Property Damge $ $ EX Underground Hazard CXProducts /Completed - Operations Hazard Bodily Injury E$Contra c tua I Insurance and Property $1,000 $1,000 EX Broad Form Property Damage Damage Combined Cg Independent Contractors Ek Personal Injury Personal Injury $1,000 E] Marine ❑ Aviation AUTOMOTIVE LIABILITY • Comprehensive Form TRCAP 8OT4547 -81 Bodily Injury $ Each Person 5 -1 -82 $ Bodily Injury [k Owned Each Occurrence E$Hired Pro ert Dama e $ Bodily Injury and ❑INon -owned Property Damage $1,000 Combined EXCESS LIABILITY ❑ Unbrella Form Bodily Injury 0 Other than Umbrella Form and Property $ $ Damage Combined WORKERS' COMPENSATION Statutory and ac EMPLOYER'S LIABILITY Accident NOTE: The Comprehensive General Liability or (and) Automotive Liability policy(s) is (are) endorsed with the attached City of Newport Beach Endorsement(s). CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the certificate holder by mail, Attention: Public Works Department Byrj..�atiti�Y.L Agency: Johnson & Higgins of �Ma��1�5, 191981 hd"rized Representative Pennsylvania Inc. at�Iss Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Garnet Avenue Street Improvement Reconstruction Park Avenue to South Ba Project title and contract number Front; Contract No. 2239 NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. • • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence ( X ) Single Limit Bodily Injury Liability $1,000,000. each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Garnet Avenue Street Improvement; Contract No. 2239. Project Title and Contract No.). This endorsement is effective May 15, 1981 at 12:01 A.M. and forms a part of Policy No. TRCAP18OT4 47- oppers Company, Inc. & its Subsidiary Named Insured gully - Miller Contracting Company Endorsement No. Name of Insurance Company Travelers Insurance Co.' • • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( � Single Limit $ each occurrence $ each occurrence Bodily Injury Liability $1,000,000. each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damagesas the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Garnet Avenue Street Improvement; Contract No. 2239. Project Title and Contract No. This endorsement is effective May 15, 1981 at 12:01 A.M. and forms a part of Podicy No. TRSLG18OT4523,-BT Koppers ompany, Inc. & its Subsidiary Named Insured Sully- Miller Contracting Company Endorsement No. Name of Insurance Company Travelers Insurance ve Page 16 CONTRACT THIS AGREEMENT, entered into this ay of 19 by and between the CITY OF NEWPORT BEACH, hereinafter "City, n Suljy- Miller Contracting Company hereinafter "Contractor,' s made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Garnet Avenue Street Improvement Reconstruction Park Avenue to South Bay Front e or rrotect C -2239 Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work,.and Contractor's bid, and the compensation set . forth in this contract, is based upon a.careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following,described public work: .Garnet Avenue Street Improvement Reconstruction Park Avenue to South Bay Front C -2239 Title of Project Contract o. which project is more fully described in the contract. documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Seventeen thousand two hundred twenty-six dollars and eighty cents. ( $17.,226:80 —!), This compensation includes 1 any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or, expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein . (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) -,�- _ r° � ;., .. _ . _. Ll C Page 17 (f) Plans and Special Provisions for Garnet Avenue Street Improvement Reconstruction Park Avenue to South Bay Front - Title of Project Contract No. (g) This Contract 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused. this contract to be executed the day and year first above written. . ATTEST: APPROVED AS TO FORM: �- -- ity A torney CITY OF NEWPORT BEACH By Mayor Tractor CITY CONTRACTOR . . SP 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS GARNET AVENUE STREET IMPROVEMENT RECONSTRUCTION PARK AVENUE TO SOUTH BAY FRONT CONTRACT NO. 2239 I. SCOPE OF WORK The work to be done under this contract includes (1) the removal of street trees, stumps and roots, and all street improvements shown on the plan, and (2) the construction of street improvements on Garnet Avenue, from Park Avenue to South Bay Front, including pavement, curbs, sidewalks, alley aprons, and tree wells shown on the plan. All work necessary for the completion of this contract shall be done in accor- dance with (1) these Special Provisions, (2) the street improvement plan (Drawing No. R- 5419 -S), (3) the City's Standard S ecial Provisions and Standard Drawings for Public Works Construction 1980 Edition and 4 the Standard Specifications for Public Works Construction (1979 Edition), including supple- ments to date. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. II. AWARD AND EXECUTION OF THE CONTRACT The bidder's attention is directed to the provisions of Section 2 -1 of the Standard Special Provisions for requirements and conditions concerning award and execution of the contract. III. TIME OF COMPLETION The Contractor shall complete all work on this contract within thirty (30) calendar days after award of contract by the City Council. IV. 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 defect shall be repaired at the Contractor's expense. V. PAYMENT The unit or lump sum price for items of work shown in the proposal shall be full compensation for labor, equipment, materials and all other things necessary to complete the work. Incidental items of work not separately described in the proposal shall be included in the unit price bid for the various items of work. • • SP2of2 VI. PUBLIC CONVENIENCE AND SAFETY The Contractor shall provide street closures, detours and barricades in accor- dance with Section 7 -10 of the Standard Special Provisions. VII. WATER The Contractor shall obtain and apply water necessary to perform the contract. If the Contractor desires to use City water free of charge, he shall make arrangements with the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 640 -2221. VIII. CONSTRUCTION DETAILS Clearina and Grubbin Clearing and grubbing shall conform to the provisions of Section 300 of the Standard Specifications and these Special Provisions. This item shall include, but not be limited to, removal and disposal of concrete pavement, concrete curbs, and concrete sidewalks. Removal of parkway trees, tree stumps, and roots will be paid for separately. All portland cement concrete to be removed shall be cut with concrete sawing equipment of a type meeting approval of the Engineer. Existing paved surfaces shall be cut back beyond the edge of the excavation to form square cuts before paving is commenced. Should damage occur to the saw cut edge during or after removal, the damaged edge shall be removed further by additional saw cutting. Roots of stumps and trees to be removed shall be removed within the tree well area and within whatever contiguous area of sidewalk, curb and pavement is to be replaced. Root removals shall not damage or increase damage to any improve- ment which is not to be replaced. 0 0 May 21, 1981 TO: CITY CLERK FROM: Public Works Department SUBJECT: GARNET AVENUE STREET IMPROVEMENT RECONSTRUCTION (C -2239) Attached are four copies of the subject contract documents, including insurance certificates. Please have executed on behalf of the City, re- tain your copy, and return the remaining copies to our department. Lloyd R/ Dalton Projecx Manager LRD:jd Att. • • P la CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GARNET AVENUE STREET IMPROVEMENT RECONSTRUCTION PARK AVENUE TO SOUTH BAY FRONT rt CONTRACT NO. 2239 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete Contract No. 2239 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Clearing and grubbing @ n, gins A*- r1dNo" R xt Dollars and a Cents $ 433b.00 $ 4Sa"o•C:00 Per Lump Sum 2. 18 Remove tree, stump and roots Each @ o.%k W- )'*Amo t'ercaq Dollars and 4942 Cents $ /S/O.00 $ ZSZO.eO Per Each $7� 3. Construct pavement Square Feet @ 6r 3.W__ Dollars and i rt +� Cents $ A $a $ (o73ri.Zo Per square Fbot 4. 11506 Construct sidewalk, including tree Square Feet wells Dollars and ,a Cents $ At/o $ L[aS,yo Per Square F t • • P lb ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 122 Construct curb Linear Feet @� Dollars and Cents $ S.co $ (0,10.00 Per Linear Foot Construct alley aprons Square Feet Dollars and Cents $ Z so $ (41,240 Per Square Foot TOTAL PRICE WRITTEN IN WORDS: si K Se,A.,.f�a.,� Zs{o„sp.,ap two �„aoppp 10"1 Dollars and - St+� rtL.1 Cents $ 17 e ZZ(o .80 Ca!it. Contractor Lic. #1538 A Contractor's Lic. No. & Classification 4-29 - I Date SULLY - MILLER CONTRACTING COMPANY der Authorized Signature /Title RC,2ERT E. HOLLAND, VICE PRES P. O. BOX 432, ORANGE, CA. 92667 (714.). 639 -1400 Bidder's Address Bidder's Telephone No. 0 INSTRUCTIONS TO BIDDERS 0 Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTOR(S) BIDDER'S BOND (sum not less than 10% of total bid price) NON- COLLUSION AFFIDAVIT STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Divisi0n,III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL. form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations 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 con- tract. A copy of said determination 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 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. Calif. Contractor Lic. #.1536 A SULLY•MILLER CONTRACTING COMPANY Contr's Lic. No. & Classification Bidder 4 -'Zq—.e Q�('61 � ROBERT E. HOLLAND, VICE PRE: Date Authorized Signature /Title 0 DESIGNATION OF SUBCONTRACTOR(S) • Page 3 The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by.State law. Item of Work Subcontractor Address 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. _ JLLY- MILLER CONTRACTING COMPANY Bidder '�r 4�—Z Authorized Signature/Tit er RCSLRT E. HOLLAND, VICE PRES. .4 * • BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 BOND NO. 766046 (9291) PREMIUM: INCLUDED IN BBSU That we, Sully— Miller Contracting Company , as bidder, and Seaboard Surety Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Total Amount of the Bid in-- Dollars ($l00 of Bid }, lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Avenue to title of Project contract N0. South Bay Front. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. i {j STATE OF CALIFORNIA, i II STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this ........ .2.9th —,. day....... . ..... ... APRIL ...._. ........ ......19 -8.1., before me personally came J.H. CAITHAMER to me known to be an Attorney -in -Fact of SEABOARD SURETY COMPANY, the corporation described in the within instrument, and he acknowledged that he executed the within instrument as the act of the sai"'E ABOAiR D'iiBL'IRETY,;!I©OMT^lePNIV in accordance with authority duly conferred upon him by said Calnpiny: .rNA= � Aif L Cl t LOS hI1oCLLS COUNTY My Commission Expires August 30 1981 1 ' � ....`� \.J Norm 24E E uvuwnwiww unm i uuuuuumuuu�wmuuwmi% Notary Public. 1 i, i r KNOW ALL MEN BY THESE PRESENTS, 0 Page 4 BOND NO. 766046 (9291) BIDDER'S BOND PREMIUM: INCLUDED IN BBSU That we, Sully— Miller Contracting Company as bidder, and Seaboard Surety Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Total Amount of the Bid in-- Dollars ($lob of Bid }, lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Garnet Avenue Street Improvement Reconstruction Park Avenue to Title of Project Contract No. South Bay Front. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 29th day of April , 1981 (Attach acknowledgement of .Attorney -in -fact) SULLY- MILLER CONTRACTING COMPANY Bidder BY'� Authorized Signature /Title FRANK E. HOLLAND, ASST. SECRETARY SEABOARD SURETY COMPANY Surety By .H CAITHAMER Titl ATTORNEY -IN -FACT \ � \ \\ � \ :2 CC! q 1 r-', `© lei E-4 CC) / \/e H cd Uj 8 J..3: o -4 \7Z od cd % C. 0 4J, 4-K Z OW 00 >qz H4 *D wt o Dm % °§° , E \ \ }_ co - y \ =i5 .m � � �{ §) ) j) /) r // - -S8 I@ w ( hi , E \ Certified Copy No. 7277 Nrw YORK, Nrw YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint J. H. Caithamer -- of Long Beach, California its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under- takings and other instruments of similar nature as follows: Unlimited in amount, but restricted to bonds for sully— Miller Contracting Company and /or Southern Pacific Milling Company, Inc. and /or South Coast Asphalt Products Company, Inc. Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly- authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is male pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Com- pany on December 8th, 1927, with Aniendruents to and including April 6. 1978 and are still in frill force and effect: ARTICLE VII. SECTION 1 "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any %way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney —in -Fact for the Company appointed and authorized by the Chair- man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seat of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY CO \IPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ......27........ December ........................ 19....7 3 Attest: SEABOARD SURETY COMPANY Karen Hayes By W. S. Wehrell (Seal) ............................................. ............................... ........................................................... ............................... Assistant Secretary Vice - President STATE OF NEW YORK COUNTY OF NEW YORKsss.: 27th December 73 On this ........................... day of ............................. ............................................................... , 19............. before me personally appeared W. S. Wehrell a Vice - President of SEABOARD SURETY CO�IPANY. ................................................................ ............................... with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ....... New JerseX : that he is a Vice- President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore- going instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice - President of said Company by like authority. State of New York, No. 24- 7104540 Qualified in Kings County Certificate filed in New York County (Seal) Commission Expires March 30, 1980 Violet Johnson Notary Public C E R T I F I C A T E I, the undersigned Assistant Secretary of SEABOARD SURETY` COMPANY do hereby certify that the original Potter of Attorney of ohich the foregoing is a full, true and correct copy, is in full force and effect on the date of this Ceniiicate and I do further certify that the Vice Presidem. who executed the said Poter of Attorney tvas one of the Officers authorized IlY the Board of Directors to appoint an attorne) -in -fact as provided in Article VH, Section 1, of the By -l_;MS of SEABOARD SU'REL'Y COMPANY. This Certificate only be signed and sealed by facsimile under and by authority of the follm%ing resolution of the Board of Directors of SEA - BOARD SURETY COMPANY at a meeting duly called and held on the 2S01 day of time 1975. "RESOL. 'ED: (2) That the use of a printed fac5mtde of the corporate .cal of the company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an in >invnnent executed by the President or a Vice-President Pursuant to Article \'II. Section 1, of the 13y -Latws appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the company curet bonds, underwriting undertaking: or other instruments described in said Article VIL Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the corporate seal of the Company to these presents this 29th A PRIL 81 ................. ............................... day of .............................................. ..............................a 19............. �SURETyC Assist Secretary la: 1927 Form '1A (Rn. ��:d- • • Page 5 NON- COLLUSION AFFIDAVIT The bidder, 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 arrange- ment or agreement 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 agreement 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 bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever 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. Subscrib and sworn to Defone me this day of qno , 19 -E. My commission expires: .LILLY- MILLER CONTRACTING COMPANY Authorized Signature /Title ROBERT E. HOLLAND, VICE PRES. c `` Notary Public OFFICIAL SEAL REBECCA A. WHALEN jl NOTARY pUc,.IGCALIFOF.N,A MNC! " =L DFFC£ tN ORANGE COUNTY Commission Expires Mar. 1E, 1984 .LILLY- MILLER CONTRACTING COMPANY Authorized Signature /Title ROBERT E. HOLLAND, VICE PRES. c `` Notary Public • • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY. The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. SULLY- MILLER CONTRACTING COMPANY Bidder Authorized Signature /Title ROBERT E. HOLLAND, VICE PRES. 0 • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. SULLY - MILLER CONTRACTING COMPANY Bidder Zvoa Authorized Signature /Title WOBLRT E. HOLLAND, VICE PRES. . • ouch- nlwnu,n u. ,+rent. t.unrnrts Prolext Esprrlcnce � . t • Pagan_ Item_ Velue Of Work Year T.,e of Work _ Poefo +'Ted L'atlnn of Week ^ For Mi.. Per( orwod _ 12/31174 Paving, Dtalnsge, 6 Dill, 624,751 L. A. Iia that Los Mgcics I(a rncr DaPartn0nt ^ Street Inprovcmu,t 792.919 Oren,e Gew¢y City of C.oste wit. ^ Street luprovancnt 773.598 Dean,, County . City of Costs Henn ^ Sever 724,468 Oran,, County Orange County Sanitation District w a PI pe l In. '3,666,Sb9 L. A. Cuunry Yatrvpvll[an W,t+•r (++strict ^ Pipeline 2,2SS,473 L. A. County Natropolltan W.,"r Piscro_t ^ Waterwatcr Reclaim. Pit. 1,945,040 Palo fksert Coachella; Palley Co. Water Dist. ^ pupping Plant ),641,955 Pcarbim son Stato of California ^ Sever 1,678,938 Ivs Anc.lcy City, of Los An4xl.s ° Storm Drain 1,019.45 2 Pc. +rblm;>on L. A• County Ffood Control Dist, ^ Pump. Pits. - Control Bldgs. 1,269.147 Kern C.uaty Warn Cou:rty Y.atrr ABCncy ° Dlstilb. Canal 6 Rcs.rvoirs 1,310.617 kelp Counry Cevelo K.Iler Oiscrict ^ Mater Distrib. System 1,042,227 Dasco, Califorala gnttonwillow 1pprovement - ^ Cater Line 1,0:2,490 PueGlo, Colorado Rtohlo Wat Metro. Di::r. L slCuly loch "P. ^ Pipeline Extension 646,146 San Jacinto 1k tropoli[an Water District 12/31/75 $tom Drain 5,074,615 Clendale L. A. Co. Flood Control District Interceptor Sewer Line 4,343,251 Cardci, Grove Orange Co. Sanitation , ^ Water Treatment Plant 2,699.259 Bakersfield Kern Co. Kato Agency ^ 7 M.p Pit,. - 7 Can. Bids. 2,129.136 Bakerfirid Kern Co. Water Agency ° taste War. Reclam. Plant 2,017,448 Palm Desert -Coachella Valley Hater District • Store Drain 1,135,215 Manhattan beach L. A. Co. Flood Control District ^ titer Distribution Systems 1,619,441 MASCO Buttonwillov imp revement District ^ Store. Drain Pipe 6 Box 987,669 Riverside Flverside Co. Flood Control District ° Ys^ Pradway 930,OSS Irvine Sho Irvine Company ^ Pumping Plant 2nd Discharge 907,488 Pear6lossoo Dept. Water P.esources - St.of Calif. ^ Storu Drain 517,3S2 Orange Tho Irvine Company ° :_mauls- Discbarge Pipelines 742,401 Bakersfield rem Count' hater Agency Street Icprovccenrs 736,785 Wilciagton City of Los Angels ^ Street Construction 729,572 Los Angeles L. A. liarbor Department ^ Reirf. Cone. Box Culvert 709,629' Escondido City of Escondido ' 12/31/76 Pup Plants - Control Buildings 9,1$2,104 rem County tern County Water Agency ^ Stom Drain 5,064,79$ Antelope Palley Antolepe Valley -F.. Kern Water Agency ^ Interceptor Sever 4,317,614 Denver, Colorado Metro. Denver Sewage Dist. District • O¢nnel . 3,364,084 Cucacaonga Dept. of Army, Corps of Engineers • Caterlines 2,094,IC•9 Yuea, Arizona lurtau of P.eclazation Tracts - New Development 1,138,217 Aliso Hills . Foreland Dcvciopnent Company Store Drain 1,096,691 Phoenix, Arizona City of Phxnix °- Stem Drain 1,(20(1,865 Irvine Sho hvine COOpany • Street Widening 6SS,440 Los Angeles - L. A. Con--aity Rcdev. Agency , ^ street Widening 726,947 C/0 Simi Valley, CA C/O Simi Palley ° 1e 0v,tion Plant - Inter. Sever 723,222 Los Anecles County L. A. County Sanitation District s2 ° All Igrovements 659,742 Brea Fall - Brea, CA (brim DeV. CO. ^ Street Improvements 617,675 Duarte, CA C/O Duarte ° Strcct Improvements 607,124 Long (each L. A. County Road D.,-naene ^ Interceptor Sewer 579,627 Irvine Irvin Ranch Water Disc-icr 'U {51/77 Intcrt cptor Sewer 6,SS7,423 Denver, Colorado Metro. Denver Sewage map. District $to s C oins, Water Lines 5,401,116 hire, [A Mo. Irvin. Assess car Cistrict "' '• Tracts - New Develop =rnt 5,363,263 Aliso Hills, CA tbrelend Development Co. Somers 4,281,117 Cacbria, CA Cmnry of San Luis Obispo ^ Sewors 2,338,575 Nice, CA Lxko Cotmty Sanitation District Storm LFaim 2,316,945 Phoenix, Arizona City of Phoenix ^ Yipo Lines 2,037,790 .Ihygett, C4 So. Ccliforr.ia Edison Company htsi ass Park - New Develop. 1,752,917 Brea, CA tbrolend DeviopncOC COapany ^ Streets, Curbs, Sidewalks 1,610,914 Irvine, G lie. Irvine. Assessiazat Co. ° Watetl inn 1,209,019 lionterey, CA tbntercy Crmty preping Stations 1,110,167 Valley Center, CA Valley Center ttunicipai Water Dist!. ^ Cater Lines 1,Des'658 kedvwd Valley, CA P.Odwood Vailc, County War,, Discr. ^ Cho .no 1,079,460 Cuc.aaenga, CA + U. S. A.rl Corps of Euginccrs ^ Steru Drains a 929,962 Irvine, CA haroington DevcioPMa.t Co. ^ _ Canal lmnrtvcocnts , -, 911,195 lost (tills, CA _ _ Lost Hills Eater District 12 -31 -75 'Waterlines 3,646,977 Vaucerey, CA. _ i:onterey County ° Street,, Curbs, Sidewalks 2,711,538 Irvine, CA. 151. Iry Lie Assessment District ° Stott/ Drains, Waterlines 2,168,872 Irvine, CA. Cs. Irvine Assessment District - ^ tuaCness Park 1,902,619 Brea, CA. mrelend Devcinpmcnt C--Pa-y ^ Runvay Lprove.cnts 1.772,018 Long Beach, CA. Lang Beach Airl,am ° Tracts Haw Ikvtlopment 1,71D,6I4 Laguna Hill,, CA, t6ermland Development Company P sowers 1,473,414 Caabrla, CA. County of San Luis Obispo ° Street I.provcncnts 1,I13,965 Carden Crove, CA. City of Carden Crave ° Sewer Linn 1,069,3(17 Wna Point, CA. O.S. Coven+ocnt Sierra Oc'wn Oatfall w rater i.lnn 490,913 Redwood Valley, CA. Rod wood Valley County Water Olstrlet ° Street leprovenoats 575,940 Cerritos. LA. City of Cerritos w Snvat Imp mvrzc rats 503.42 kin roaia, CA. City of 1..,nr.,I. ^ Street `.mprovcme nos 7.1,023 16 oft ln0la+ ee a<h, C.A. City of Hmitin;tcn Park w Forking Lot Improvements 701,619 6ardeo f, rove, CA. City o: [ Nen Grove • w Potting Lot 615,511 Newport Beach, CA, IrvinO Cn: :pan; APpr ns Lately 2.00n.3,nno Irilvldnd rnn+tructlnn pnlJecrs arc cnnpicfr,l a.n.ally, the expor(cnct list ,bore represents only Iowa of lho sien+firant Pru locta 1— pla•ecd du nn;; V., ra.peettvu P••n red. By +he CiiY COUidCIL CITY Q� -` CITYT COUNCIL FROM: Public Works Director a May 11, 1981 CITY COUNCIL AGENDA ITEM NO. - l� SUBJECT: GARNET AVENUE STREET IMPROVEMENT RECONSTRUCTION (C -2239) RECOMMENDATION: Adopt a resolution awarding Contract No. 2239 to Sully- Miller Contracting Company for $17,226.80 and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on April 29, 1981, the City Clerk opened and read the following bids for this project: Bid Position Bidder Bid Amount 1 Sully- Miller Contracting Company $17,226.80 2 Fleming Engineering Inc. 18,289.60 3 Nobest, Incorporated 19,037.00 4 Gillespie Construction 21,904.50 5 Markel Cement Contracting, Inc. 23,440.00 6 P.E.R. Inc. 23,845.00 7 Jerry Cross Paving Co., Inc. 24,640.80 8 Damon Const. Co. 27,662.70 The low bid is 10% below the Engineer's revised estimate of $19,212. The balance of funds in the Miscellaneous Sidewalk and Curb Replacement Program, plus additional funds from the Local Street and Alley Resurfacing Program, will be used for the contract. Sully- Miller Contracting Company, the low bidder, is a well- qualified general contractor who has successfully completed recent public works contracts for the City. The project provides for the reconstruction of street improvements in the 100 block of Garnet Avenue which have been badly damaged by maturing roots of Ficus Nitida street trees. The work.should relieve the City from potential lawsuits due to personal injury related to the damaged street improvements. Upon completion of contract work, the Parks., Beaches and Recreation Department will plant desirable Cupania street trees at most locations of the former street trees. Plans and specifications were prepared by the Public Works Department and Duca & McCoy, Inc. Contract work should be completed by June 15, 1981. Benjamin B. Nolan Public Works Director LD:jd r a RESOLUTION NO. 10103� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT (NO. 2239) TO SULLY - MILLER CONTRACTING COMPANY IN CONNECTION WITH GARNET AVENUE STREET IMPROVEMENT RECONSTRUCTION WHEREAS, pursuant to the notice inviting bids for work in connection with Garnet Avenue Street improvement reconstruction in connection with the plans and specifications heretofore adopted, bids were received on the 29th day of April, 1981 at 11.00 a.m., and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is SULLY - MILLER CONTRACTING COMPANY. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of SULLY- MILLER CONTRACTING COMPANY in the amount of $17,226.80 be accepted, and that the contract for the described work (Contract No. 2239) be awarded to said bidder; and 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 day of A0111 _, 1981. Mayor ATTEST: City Clerk HRC /pr 5/11/81 � THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, ss. County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: ... A.pri1..15y..1981 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, C 1 ornia, is1 5 day ofApr . , 19 81 ....... ...1�-,�.....�... ... j t. r Signature THE NEWPORT ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625. This space is for the County Clerk's Filing Stamp Not Proof of Publication of #2239 V-11 PDBhiC NOTICE HOYICEUMINGSM S.W bids may be mceiyed at the .Wce M the City Clad, 3300 N-Vml HIvd., Nanpon Basch, Ca 97663 =td 11 a.m. w tha 790 dry of AP.u. 1981, at which time such bide dell Im GARNET AVENUE STREET IWeOVE- PARK AVENUE TO SOUTH BAY CONTRACT NO 7739 ENGtNKENS ESTIMATE: $14.4m A,pC oB by tha City ComcH "" 13th day of AP C119C1- Sigead: Wae- daE.APdxaev. b Ptwpactlw bidden —7 obiam oat Mof tha Public W.A. DePaamwt, I M Nea, o Hlvd.. N*v OA Beech, CA 92663. Poc focth.. mimmati., c.H lloyd Dalt,m1,i ,m,immt, at660.2281. Publiah: An*H 1S, 1961 m Tba NUN Nau9c�lEwi9a. PROOF OF PUBLICATION 7- 409SNG -0 �3 . x (31) CC a9 ) TO: CITY COUNCIL FROM: Public Works Department 4 April 13, 1981 CITY COUNCIL AGENDA ITEM NO. F —/ S SUBJECT: GARNET AVENUE STREET IMPROVEMENT..RECONSTRUCTION C -2239 RECOMMENDATION: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on April 29, 1981. DISCUSSION: This project provides for the reconstruction of street improvements in the 100 block of Garnet Avenue (Balboa Island). It will relieve the ongoing need for replacement of sections of sidewalk, curb, and street pavement due to disruptions caused by the maturing roots of Ficus Nitida street trees. It will also relieve the City from potential lawsuits due to personal injury upon the disrupted street improvements. During the initial stage of contract preparation, staff from Public Works; General Services; and Parks, Beaches and Recreation Departments con- cluded that replacement work is not practical in the presence of the expansive Ficus root system; and that the street trees should be replaced with a more suitable street tree, such as a Cupania. The Balboa Island Improvement Associ- ation.was requested to arrange meetings between the City and residents and. owners of property along the 100 block of Garnet Avenue. The following decisions were made subsequent to those meetings: 1. Ficus trees not yet causing disruption of public improvements may remain at the adjacent property owner's request. 2. All other street trees and stumps (18) shall be removed by the City's contractor. 3. Owners of property adjacent to a removed street tree or stump may request a Cupania replacement at City expense. 4. Owners of property adjacent to a removed street tree or stump shall pay the incremental expense if they request a larger size of Cupania replacement. The contractor is required to remove street trees, stumps and accessible roots as a portion of his work. The Parks, Beaches and Recreation Department will bill owners requesting the larger Cupania trees upon award of contract, and will plant the 12 replacement trees upon completion of contract. April 13, 1981 Subject:, Garnet Avenue Street Improvement Reconstruction C -2239 Page 2 The Engineer's estimate for contract work is $14,400. Adequate funds are provided in Account No. 02.3380.015. Contract work should be completed by June 15, 1981. P/ Benjamin B. Nolan Public Works Director LD:jo CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 W. Newport Boulevard 0 Date January 30, 1981 TO: City Clerk ATTENTION: SUBJECT: Garnet Avenue Reconstruction (C -2239) We are transmitting the following: No. Copies Description 1 Fully executed agreement for Professional Engineering Services for this project. Remarks: Fr'd Dalton n Engineer AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES IC GARNET AVENUE RECONSTRUCTION THIS AGREEMENT is made and entered into this 41q!*— day of January �abruary, 1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and the firm of DUCA AND McCOY, Consulting Civil Engineers; hereinafter referred to as "ENGINEER." W I T N E S S E T H WHEREAS, severe disruption of certain sidewalk, curb, gutter and street profile has occurred repeatedly along the 100 block of Garnet Avenue; caused by the continuing growth of parkway tree trunks and roots, interfering with the drainage of surface water, and subjecting CITY to increased liability risk; and WHEREAS, CITY has determined that the parkway trees shall be removed and sidewalk, curb, gutter and street profile reconstructed in a public works contract, hereinafter referred to as "PROJECT "; and WHEREAS, ENGINEER has submitted a proposal to CITY, dated January 26, 1981, to provide engineering services for the preparation of contract documents of PROJECT; and WHEREAS, CITY desires to accept said proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. GENERAL A. CITY engages ENGINEER to perform the services hereinafter described for the compensation hereinafter set forth, B. ENGINEER agrees to perform said services upon the terms hereinafter set forth. II. SERVICES TO BE PERFORMED BY ENGINEER ENGINEER hereby agrees to perform the following services: A. Gather and review available record maps, utility plans, improvement plans and other documentation affecting PROJECT, B. Provide topographic survey as required for PROJECT, C. Prepare contract documents, i.e., detailed construction plans and special provisions, which provide for the recon- struction of certain sidewalk, curb, gutter and street profile, thereby eliminating interference with the drainage of surface water and increased liability risk to CITY, D. Prepare bid proposal and engineer's estimate, E. Utilize and reference the Standard Specifications for Public Works Construction, 1979 Edition and 1980 supplement, and the CITY's Standard Special Provisions and Standard Drawings for Public Works Construction, 1980 Edition, in the prepara- tion of contract documents, bid proposal and engineer's estimate. III. DUTIES OF CITY CITY hereby agrees to provide ENGINEER with the following: A. Mylar sheets as needed for preparation of detailed construc- tion plans. B. Available records concerning existing street improvements and CITY -owned utilities. IV. TIME OF COMPLETION Final construction plans, special provisions, bid proposal and engineer's estimate shall be submitted to CITY for final review on or before March 10, 1981. V. OWNERSHIP OF PROJECT DOCUMENTS Original drawings, reports, notes, maps and other documents shall become the property of CITY and may be reproduced and utilized as deemed necessary by CITY. VI. RIGHT OF TERMINATION CITY reserves the right to terminate this Agreement at any time by giving ENGINEER seven (7) days' prior written NOTICE OF TERMINATION; such notice shall be deemed served upon deposit in the United States mail, postage prepaid, addressed to the ENGINEER's business office at 3840 East Coast Highway, Corona del Mar, CA 92625. In the event of termination due to error, omission or negligence of ENGINEER, CITY shall be relieved of - 2 - a • • any obligation to compensate ENGINEER for that portion of this Agreement affected by such error, omission or negligence of ENGINEER. If this Agreement is terminated for any other reason, CITY agrees to compensate ENGINEER for actual service performed up to the effective date of the NOTICE OF TERMINATION, on the basis of the FEE SCHEDULE hereinafter set forth. VII. FEE SCHEDULE AND COMPENSATION In consideration of the performance of the above - described engineering services, CITY hereby agrees to compensate ENGINEER an amount based upon the hourly FEE SCHEDULE set forth below. In no event shall aggregate compensation be greater than Four Thousand Five Hundred Dollars ($4,500) maximum fee except as otherwise provided herein. A. Hourly fees for office and field personnel shall be per the following FEE SCHEDULE: Registered Civil Engineer $35.00 Design Draftsman $20.00 Survey Crew $85.00 Related fees, as advanced by ENGINEER, may be authorized by CITY. B. COMPENSATION shall be paid to ENGINEER upon completion of the work specified in Section II, SERVICES TO BE PERFORMED BY ENGINEER. VIII. ADDITIONAL WORK Additional work authorized by the CITY and completed by the ENGINEER, but not included in this Agreement, shall be compensated on an hourly basis in accordance with FEE SCHEDULE, Section VII, FEE SCHEDULE AND COMPENSATION. IX. AMENDMENT The scope of services to be furnished by ENGINEER may be revised and the maximum fee amended with prior written approval of CITY, except that an increase in the maximum fee exceeding One Thousand Dollars ($1,000) shall require that an amendment for such revision be processed and executed by the parties hereto. X. ASSIGNMENT This Agreement or any portion thereof shall not be assigned with- out the prior written consent of CITY. - 3 - `J XI. HOLD HARMLESS ENGINEER shall assume the defense of and indemnify and hold harm- less CITY and its officers and employees from claims, loss, damage, injury and liability arising from error, omission, or negligence in ENGINEER's performance of services required by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. APPROVED AS TO FORM: By &419 City Attorne - 4 - CITY OF NEWPORT BEACH (c , BY City Manager DUCA AND Mc COY, CONSULTING CIVIL ENGINEERS BY ei P esi ent BY Vice President