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C-2260 - Mariners Mile Parking Lot
f CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH. CA 93663 -3884 December 21, 1982 Fleming Engineering, Inc. 8281 Commonwealth Avenue Buena Park, CA 90621 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Surety: Industrial Indemnity Co. Bond No.: YS844 -1825 Project: Mariners Mile Parking Lot and Access Road Contract No.: 3 The City Council on November 22, 1982 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 recorded. The Notice was recorded with the Orange County Recorder on December 2, 1982, Reference No. 82- 422749. Please notify your surety company that the bond may be released 35 days after this recording date. Sincerely, Wanda E. Andersen City Clerk WEA:lr cc: Public Works 3300 Newport Boulevard, Newport Beach Please return to: City Clark i CRY of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92663.3884 N 0 64 S, 10 DWO,x d"'W�,w, 6'n"Mm aoe. Btw 82- 422.':.9 EXEMPT C5 NOTICE. OF COMPLETION PUBLIC WORKS RECORDED IN OFFICIAL RECOROS OF ORANGE COUNTY, CALIFORNIA -402 Pip DEC 2'82 !EE A. BRANCH, Count Recorder 1'o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on November 22, 1982 the Public Works project consisting of Mariners Mile Parking Lot and Access Road (C -2260) on which Fleming Engineering, Inc., 8281 Commonwealth Ave., Buena park, CA 90691 was the contractor, and Industrial Indemnity Company, 505 S. Virgil Ave., L.A. 90005 was the surety, was completed. VERIFICATION I, the undersigned, say: Cl OF NEWPORT F C blic 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 November 24, 1982 at Newport Beach, California. i PublicOWorks 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 November 22, 1982 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 November 24, 1982 at Newport Beach, California', City Clerk November 22, 1982 CITY COUNCIL,AGEND NOV 22 1982 ITEM NO. k-� T0: CITY COUNCIL By he CITY COUNCIL CITY OF NiWOM pihQH FROM: Public Works Department SUBJECT: ACCEPTANCE OF MARINERS MILE PARKING LOT AND ACCESS ROAD (C -2260) 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 construction of the Mariners Mile parking lot and access road has been completed to the satisfaction of the Public Works Department. The bid price was $197,716.25 Amount of unit price items constructed 199,813.65 Amount of change orders 12,389.07 Total contract cost $212,202.72 Funds were budgeted in the General Fund. Five change orders were issued. The first, in the amount of $4,470.03, provided for removal of an existing trash fill under the proposed retaining wall and backfill with suitable material. The second, in the amount of $1,341.00, provided for furnishing and installation of a disconnect switch and cabinet for the parking lot lighting. The third, in the amount of $5,568.08, provided for excavation, re- moval, and disposal of a number of old concrete wall footings and large pieces of broken concrete. The fourth, in the amount of $590.24, provided for filling and paving a narrow area between the south entrance retaining wall and the adjacent build- ing. The fifth, in the amount of $319.32, provided for upgrading the park- ing meter posts and reimbursement for the cost of the CalTrans permit rider. The design engineering was performed by Robert Bein, William Frost & Associates, Consulting Engineers of Newport Beach. • 0 November 22, 1982 Subject: Acceptance of Mariners Mile Parking Lot and Access Road (C -2260) Page 2 The contractor is Fleming Engineering, Inc., of Buena Park, California. The contract date of completion was May 27, 1982. The contractor was delayed due to a strike by the ready -mix truck drivers, with the work being substantially completed by June 20, 1982. Acceptance has been delayed pending resolution of problems relating to the parking meter posts. a. ?- Benjamin B. Nolan Public Works Director GPD:jd 0 0 CITY OF NEWPORT BEACH. OFFICE OF THE CITY CLERK (714) 640 -2251 DATE: March 30, 1982 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: City Clerk SUBJECT: Contract No. 2260 Description of Contract Mariners Mile Parking Lot and Access Effective date of Contract March 29, 1982 Authorized by Resolution No. 82 -34 , adopted on 3/8/82 Contract with Fleming Engineering, Inc. Address 8281 Commonwealth Ave. Buena Park, CA 90621 Amount of Contract 197,716.25 Wanda E. Andersen City Clerk WEA: 1r City Hall • 3300 Newport Boulevard, Newport Beach, Cali!'omia 92663 FA CITY OF NEWPORT BEACH �., - •' PUBLIC WORKS DEPARTMENT WOKS' COMPENSATLON INSURANCE CERIO CATE "I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for_Workers' Compensation or to undertake self- insurance before commencing any of the work." Date i u Fleming Engineering, Inc 8281 Commonwealth Avenue Buena Park, CA 90621 C- 2260 -- Mariners Mile Parking Lot and Access Road CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 AM on the 25th day of February , 1982, at which time such- b shall be opened and read or MARINERS MILE PARKING LOT AND ACCESS ROAD Title of Project 2260 Contract No. $288,000 Engineer's Estimate Approved by the City Council this 25th day of January , 1988. Wanda E. 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 Kenneth L. Perry at 640 -2281. Project Engineer February 11, 1982 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2260 Bidders shall propose to complete Contract No. 2260 in accordance with the Bid Documents, modified as follows: 1. The provisions of Section IX of the special conditions, rights of entry and temporary construction easements, do not apply to construction equipment or loaded trucks. 2. The Contractor will be required to construct a temporary haul road between Tustin Avenue and the proposed Mariners Mile Parking Lot over City property for the purpose of moving construction equipment and loaded trucks between the parking lot and the public street system. Please sign_ and date this ADDENDUM, and attach it to your bid Proposal. No bid will be considered unless this ADDENDUM is attached. d4t ` J;4e�- Benjamin B. Nolan Public Works Director BBN:rb ADDENDUM received by: Fleming Engineering. I Bid er Date: February 25, 1982 S /Ron Reed, Senior Estimator Signature February 17, 1982 CITY OF NEWPORT BEACH PUBLIC WORKS.DEPARTMENT I ADDENDUM NO. 2 MARINERS.MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2260 Bidders shall propose to complete Contract No. 2260 in accordance with the Bid `Documents 'modified as follows Bid Item No. 11 Change the quantity of 4' -wide ribbon gutter.from 117 linear feet to 468 linear. feet. Bid Item No'. 17 - Change the quantity of retaining wall along north side of access road per Detail "G" from 477.1inear feet.to 360 linear feet. Bid Item No. •19 Change the quantity. and .item description from construct 164 linear feet of retaining walls along northeasterly and northwesterly sides of parking lot per Detail "J".to construct 280 linear feet of retaining walls along north- easterly and northwesterly sides of parking lot and along north side of access road. Sid Item No. 26 Change item description from construct 6' -high chain link fence to construct 4' -high chain link fence. Please sign and date this ADDENDUM, and attach it to your*bid Proposal. No bid wil .. ca�sered uniess. this ADDENDUM is attached and the corrections made to the Bid.ProposaT have been initiated and dated by the Bidder. i Benjamin B. Nolan Public Works Director KLP:jd ADDENDUM received by: Fleming.Engineering, Inc. DateNr�a�Y 7��r Bidder i S1Ron Reed,. Senior Estimator ,. i �. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2260 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach,.CA 92663 -3884 Gentlemen: PR 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 proposes to furnish all materials and do all the work required to complete Contract No. 2260 in accor- dance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for each item, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Clear and grub, for the lump sum price of Six Thousand Dollars and No Cents 2. Lump Sum Earthwork, excavation, and compac- tion, for the lump sum price of Eighteen thousand, three - hundred and seventy -six Dollars and No Cents 3. 2 Construct sewer manholes, for the Each unit price of One thousand, three - hundred twenty-five Dollars and No Cents Each 4. 200 Construct 8" V.C.P. sewer, for the Linear Feet unit price of II ITI Twanty -six Dollars and FighV t twn Cents $ 26.82 $ 5,364-no Per Linear Foot ?• • PR lb I1 U T I UNIT TOTAL - N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum DRAINAGE IMPROVEMENTS Reconstruct existing manhole base and connect new sewer to manhole, for the lump sum price of Foijr hiindrpd -forty Dollars and No Cents $ 440.00 6. 144 Construct drainage channel behind Linear Feet retaining wall, for the unit price of Sixteen Dollars and Sixt Cents $ 16.60 $ 2,390.40 er Linear oot 7. Lump Sum Construct drainage inlet behind retaining wall, for the lump sum price of One thousand six - hundred Dollars and No Cents $ 1,600.00 8. 2 Construct parkway culvert, for the Each unit price of One thousand four- hundred seventeen Dollars and No Cents $ 1,417.00 $ 2,834.00 Each .9. 86 Linear Feet Construct 15" RCP, 2500 -D, for the unit price of Twenty -six Dollars and Seventy -five Cents $ 26.75 $ 2,300.50 Per Linear Foot 10. Lump Sum Construct 15" 900 ell for the lump sum price of One hundred -sixty Dollars and No Cents $ 160.00 �j • 0 PR lc 11. --I-:k7- 468 Construct 4' wide ribbon gutter, for the Linear Feet price of Refer to Addendum No. 2 attached Ten Dollars hereto and Thirty Cents Per Linear Foot $ 10.30 $ 4,820.40 12. Lump Sum Construct .driveway approach on Tustin Avenue, for the lump sum of Five hundred - eighty -five Dollars and No Cents $ 585.00 13. 2 Each Construct driveway approach on access road, for the unit price of Eight hundred - thirty Dollars and NO Cents Each $ 830.00 $ 1,660.00 14. 406 Construct type A curb and gutter, for the Linear Feet unit price of Eight Dollars and NO Cents Per Linear Foot $ 8.00 $ 3,248.00 15. 2,207 Construct type B curb, for the unit Linear Feet price of Five Dollars and Seventy Cents $ 5.70 $12,579:90 Per Linear Foot 16. 2,160 Construct 4" thick P.C.C. sidewalk Square Feet for the unit price of One Dollars and Forty -five Cents Per Square Foot $ 1.45 $ 3,132.00 ITEM Q QUANTITY I ITEM D DESCRIPTION U UNIT T TOTAL --I-:k7- 468 Construct 4' wide ribbon gutter, for the Linear Feet price of Refer to Addendum No. 2 attached Ten Dollars hereto and Thirty Cents Per Linear Foot $ 10.30 $ 4,820.40 12. Lump Sum Construct .driveway approach on Tustin Avenue, for the lump sum of Five hundred - eighty -five Dollars and No Cents $ 585.00 13. 2 Each Construct driveway approach on access road, for the unit price of Eight hundred - thirty Dollars and NO Cents Each $ 830.00 $ 1,660.00 14. 406 Construct type A curb and gutter, for the Linear Feet unit price of Eight Dollars and NO Cents Per Linear Foot $ 8.00 $ 3,248.00 15. 2,207 Construct type B curb, for the unit Linear Feet price of Five Dollars and Seventy Cents $ 5.70 $12,579:90 Per Linear Foot 16. 2,160 Construct 4" thick P.C.C. sidewalk Square Feet for the unit price of One Dollars and Forty -five Cents Per Square Foot $ 1.45 $ 3,132.00 17. -4�7 360 Linear Feet Changed quantity per addendum #2 copy attached hereto 18. 226 Linear Feet UNIT PRICE r1 L� %IKI;1 '; Construct retaining wall along north side of access road, per Detail "G ", for the unit price of Seventy -nine Dollars and No Cents $ 79.00 Per Linear Foot Construct retaining walls southerly of access road, per Detail "H ", for the unit price of PR ld 28,440.00 Fifty -eight Dollars and No Cents $ 58.00 $ 13,108.00 Per Linear Foot 19. 4-64 280 Construct retaining walls along north - Linear Feet easterly Ora l� pih�til$r 4d�i�TsaeteRgr�6ad Changed quantity ing lot, �} "D it or he unif & Description. price of Refer to Adden- dum #2, Copy Thirty -four Dollars attached hereto and 34.00 No Cents $ Per Linear Foot 20. Lump Sum Construct lighting system for the lump sum price of Twelve thousand, six - hundred eleven No Dollars and Cents 21. Lump Sum Construct water and irrigation system, including water service, and conduits for future controllers, for the lump sum of Nine thousand, One- hundred thirty -four Dollars and NO Cents 22. 1,108 Furnish and compact imported aggregate Tons base underneath A.C. pavement, for the unit price of 9,520.00 $ 12,611.00 $ 9,134.00 Sixteen Dollars and No Cents $ 16.00 $ 17,728.00 Per Ton • PR le ITEM QUANTITY ITEM DESCRIPTION, UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN I.N WORDS PRICE PRICE 23. 1,100 Furnish and compact 3" A.C. pavement, for Tons the unit price of Thirty Dollars Fifty and Cents $ 30.50 $33,550.00 Per Ton 24. Lump Sum Stripe parking lot, for the lump sum of Two hundred - seventy Dollars and 270.00 NO Cents $ 25. 52 Furnish and install parking meter posts Each with foundations, for the unit price of Fifty -four Dollars and NO Cents $ 54.00 $ 2,808.00 Each 4 26. 251 Construct -61 high chain link fence,. Linear Fe @t for the unit price of Changed description Per Addendum No. 2 Seven. Dollars copy attached and hereto Seventy Cents $ 7.70 $ 1,932.70 Per Linear Foot 27. 245 Construct 1;" PVC conduit underneath Linear Feet A.C. pavement for future sprinkler con- trollers, for the unit price of One Dollars and Thirty -one Cents $ 1.31 $ 320.95 Per Linear Foot 28. 130 Construct 2 X 4 redwood headers Linear Feet for the unit price of One Dollars and Eighteen Cents $ 1.18 $ 153.40 Per Linear Foot TOTAL BID PRICE WRITTEN IN WORDS: (ITEMS 1 -28 INCLUSIVE) One hundred - ninety seven thousand, seven hundred - sixteen Dollars twenty-five and ' fi Cents $ 197,716.25 CONTRACTOR'S LICENSE NO. 327629 DATE February 25, 1982 (714) 994 -3501 Bidders Telephone Number Fleming Engineering, Inc. Bidder S /Terry Fleming, President Authorized Signature /Title PR if 8281 Commonwealth Ave.. Buena Park, CA 90621 Bidder's Address • 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. of the California Labor Code for all apprenticeable occupations. 327629 Class A Fleming Engineering, Inc. Contr's Lic. No. & Classification Bidder February 25, 1982 S /Terry Fleming, President Date Authorized Signature /Title I • • Page 3 DESIGNATION OF SUBCONTRACTOR(S 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. Blockwall G. L. Kellar Const. Orange County 2. Electric Steiny Co. Anaheim 3. Water & Irrigation Carlson Landscape Orange County 4. Concrete L. 3. Davis Orange 5. 6. 7. 8. 9. 10. 11. 12. Fleming Engineering, Inc. Bidder S /Terry Fleming, President Authorized Signature /Title FOR ORIGINAL SEE CITY CLERK'S FILE COPY • • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, FLEMING ENGINEERING, INC. , as bidder, and INDUSTRIAL INDENMITY COMPANY and firmly bound unto the City of Newport TEN PERCENT OF AMOUNT BID lawful money of the United States for the to be made, we bind ourselves, jointly an THE CONDITION OF THE FOREGOING OBLIGATION , as Surety, are held Beach, California, in the sum of Dollars ($ 10% ), payment of which sum well and truly i severally, firmly by these presents. IS SUCH, That if the proposal of the above bounden bidder for the construction of MARINERS MILE PARKING LOT & ACCESS ROAD 2260 Title of Project Contract No. 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 25TH day Of FEBRUARY , 1982• FLEMING ENGINEERING, INC. Bidder (Attach acknowledgement of Attorney -in -Fact) S /TERRY FLEMING, PRESIDENT Kathy J. Edmiston. Notary Public Authorized Signature /Title Comm. Expires April 27, 1984 INDUSTRIAL INDEMNITY COMPANY Surety By S /WILLIAM R. FRIIS 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 25th day of February 19 My commission expires: April 27, 1984 Fleming Engineering, Inc. Bidder S /Terry Fleming, President Authorized Signature /Title S /Kathy J. Edmiston 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. Fleming Engineering, Inc. Bidder SlIeY Fleming, President Authorized Signature /Title • • 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 1980 Orange Co. EMA (714) 834 -3212 1981 City of Compton Larry Doss 1981 Oltmans Construction Co. 1981 F- C. Wood 1981 San Bernardino Co Flood Control 1981 San Bernardino Co_ Flood Control 1981 City of I Mirada WNRINTIMMMIN111:41:4 II _S/Tarry Flaming President Authorized Signature /Title N 0 T I C E 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. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Ratin Guide: Property- Casualty. Coverages shall be provided for al TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. 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 edi- tion adopted for use in the City of Newport Beach , except as supplemented or modified by the Special Provisions for this project. KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion.adopted March 8. 9 982 has awarded to . Flemin4 EMineerinq, Inc . hereinafter designated as the "Principal ", a contract for Mariners Mile Parking Lot in the City of Newport Beaeh;,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 Principa1 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 hit or.ias subcontractors, shall fail to pay for any materials, t; 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 tabor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE,,We FLEMING ENGINEERING, INC. :es Principal, and INDUSTRIAL INDEMNITY COMPANY as Surety, are held. firmly bbund.unto the City of Newport Beach, in the sum of XINETYC:EIGHT THOUSAND EIGHT HUNDRED FIFTY - - - - -- Dollars ($ 98.858.13 ), 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 subcontrac.tors,.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 $294 of the Gevern�nent Code of the state of California. 2Sro 4Ymt 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 hY a . «.i ea�..s.c�xs._•ac .._,'iti`ea�..�`x �.en.0 �M_..,_. _ .. .. ,..., �..a....r�. .. ... ,. .. 's+.. .... �� s � , x �• • Y _i Page 10 Payment Bond (Continued) 32AI &t- of ll,e Civ,l this bond, as required by the Provisions of Section 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 16TH day of MARCH 19 g2 FLEMING ENGINEERING INC (Seal) Name of Contractor Principal A6i%r' gnat and Title ,Pre s; e- ni- Authorized Signature and Title +. INDUSTRIAL INDEMNITY COMPANY (Seal) Name of Surety Addres of _urptY 90005 Approved as to form: Sig ture and Title of Authorized gent ,^ WILLIAM R. FRIIS, ATTORNEY —IN —FACT I�/� P O BOX 20086 RIVERSIDE P 2516 ,(/ ddress of Agent City Attorney (714) 787 -8730 Telephone No. of Agent ra ig oa 4 ° d m m N U E c 3 � y H C L a 0 N r c r ai o r _ E c w S A t m J 41 y � o 'O m L 41 41 9 � O 6 a s _ t g wow E m � Oa o�mQ 3 • r W o 'r f _ . : s.t s:2 = fk� tab h 9 q 'elk • \ ]: , [� ©© } ©A §§ k� § § ® «2 |a § § -qaj §§ L6 w / �§{i§ � < 3 � Vic)$ % ... ƒ[e� ° § .0 / $ 2 2 2 2 Atr i a j [a�2 | z §§ ] u ) s ©e } \, \ g � ..- 2 f % ! � } » » a . k § ) � ` e $ f � It | �■ � � $ ( a iw , \ rD 2 § f $ � / } \E \ \� � &- � $\ , IL I | + EXECU& IN FOUR COUNTERPARTS Page 11 BOND NO. YS844 -1825 PREMIUM - $1,384.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 8, 1982 has awarded to Fleming Engineering, Inc. hereinafter designated as the "Principal ", a contract for Mariners Mile Parking Lot and Access Road (C -2260) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, FLEMING ENGINEERING, INC_ as Principal, and INDUSTRIAL INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED NINETY -SEVEN THOUSAND SEVEN HUN- DRED SIXTEEN AND 25/100-------------- - - - - -- Dollars ($ 1g7,71r,_75 )+ 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 12 , Faithful 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 16TH day of MARCH , 19 82 Approved as to form: �l City Attorney FLEMING ENGINEERING INC. (Seal) Name of Contractor Principal) /BY: Authorize ignature and Title Authorized Signature and Title INDUSTRIAL INDEMNITY COMPANY (Seal) Name of Surety 5lgnature and Iltle of Authorized Agent WILLIAM R. FRIIS, ATTORNEY -IN -FACT, P. O. BOX 20086, RIVERSIDE CA.: 92516 ddress of Agent (714) 787 -8730 Telephone No. of Agent 0 S) Y �j { f !� \ \ /§ a\_ , G ( » lu \ � \ \ \\ } *60"| 24 ! & ( ) | k @9 - \ e 7\ ) $]a|2 &ate ©te NZ §�24�40 {0 \ \ ) \)( \k A 0 ƒJ f 2 ; / d)±fe § ; D 0. ] | 23;)a 3� ) )ate§ < e «Z! .. § 7 § . k � � ». k f j - IIt er of (1ttarnrg *63 'Canofu all men. bg t4ese presents: HOME OFFICE - SAN FRANCISCO That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint -- -- ------- ---------- -- ---- ------ ---WILLIAM R. FRIIS---- --- - -------------------------- --- its true and lawful attorney -in -fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of --------------- ------- --- - ------- --- ----- UNLIMITED and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 28th day of April , 19 77 - Attest: INDUSTR INDEMNITY CON MUFifryt7y iF� ero' j N • / i C!C0¢rC9ATE'J _ B oxani sp a Se tary y ante N Sen Vice President e�NClSrO, t /pi. STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO ss. On this 28th day of April , 19 77 , before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and Roxani M. Gillespie known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. t! nnnm{ { { { {n{ { { { { {nnn,,, {Rnu,unnmmntn� t. MARY MUELLER e KJTf,RY Y03LlL — Cd:iFORN1A otary Public ' a for the City and County t1,1 & :oUBTY OF SM FRAK%0 of San F anc' co, State of California Mr Cmnn.ission hSira Aug. 3, 1919 � I In{{ O{ IIH: O+ •R' \U / /GNiN: /O / /U /In {{ { {I{IMWI� 1, L. E. Mulryan, Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same we correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, l have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this 16TH day of CH .19 82. SEAL c— L. E. Mulryan Secretary IY0 /t R7 (10172( ^s�� 3c �.'�.'° -.`= ':amt ` due' 3�7i.- �-:% 'atx�.&aatr.,.ais�akr,..:t;.�'z .`��, e .. ,. m_..za.,a ,.:,��+� � - .�.- �..f_ -v,. .s __...:. ur — «,, .�_... .. _. .. . :�': City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED FLEMING ENGINEERING, INC. ISSUED IN FOUR COUNTERPARTS • CERTIFICATE OF INSURANCE . Page 13 COMPANIES AFFORDING COVERAGES Company Letter A GREAT AMERICAN INSURANCE COMPANY company B Letter Company C Letter Company D Letter Company E I PtfPr 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). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 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 City of Newport Beach by registered mail, attention: Public Works Department. By: I2 i% Agency: FRIIS & COMPANY. INC. Authorized Represenhtative MARCH 15, 1982 Date Issued 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: MARINERS MILE PARKING LOT AND ACCESS ROAD. CONTRACT NO. 2260 Project Title and Contract Number 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. Al Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. g. ro uc s/ LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations A GENERAL LIABILITY x Comprehensive Form x Premises - Operations BP3231 951 /30/82 Bodily Injury Property Damage $ 500 $ 500 $ 500 $ 500 X Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Aviation Personal Injury $ 500 AUTOMOTIVE LIABILITY A ❑x Comprehensive Form BA3578 080 /30/82 Bodily Injury (Each Person $ Q Owned $ o i y Injury (Each Occurrence FRI Hired Pro ert Dama e 0 Non -owned o i y Injury and Property Damage Combined $ 500 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutor A and C2664 ac EMPLOYER'S LIABILITY 335 /30/82 UNLIMITED Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 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 City of Newport Beach by registered mail, attention: Public Works Department. By: I2 i% Agency: FRIIS & COMPANY. INC. Authorized Represenhtative MARCH 15, 1982 Date Issued 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: MARINERS MILE PARKING LOT AND ACCESS ROAD. CONTRACT NO. 2260 Project Title and Contract Number 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. Al • • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. 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. (X) Multiple Limits Bodily Injury Liability $ 500,000 each occurrence Property Damage Liability $ 500.000 ____each occurrence ( ) Single Limit Bodily Injury Liability $ 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 damages as 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: MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT No. 2260 Project Title and Contract No. This endorsement is effective 3/15/82 at 12:01 A.M. and forms a part of Policy No. BP3231951 Named Insured FLEMING ENGINEERING, INC. Endorsement No. 31 FRIIS S COMPANY, INC. Name of Insurance Company E AMERICAN INS gAN 8 COMPANY uthorized Representative • 0 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 $ Property Damage Liability ( x) Single Limit Bodily Injury Liability and Property Damage Liability Combined each occurrence $ each occurrence $ 500,000 each occurrence 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 expiation 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: _MARINERS MILE PARKING LOT AND ACCESS ROAD._ CONTRACT NO. 2260 _ Project Title and ContracE No.). This endorsement is effective 3115182 at 12:01 A.M. and forms a part of Policy No. gA3578080 Named Insured FT.RMTN( RN(TNF.F.gTNr TNr.. Endorsement No. 2 FRIIS b COMPANY, INC � Name of Insurance Company GREAT AMERICAN INSURANCE By N, _ ,: t( {�.- COMPANY Authorized representative • • Page 16 CONTRACT THIS AGREEMENT, entered into thisoattday of 17e, l , 19 by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Fleming Engineering, Inc. hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Mariners Mile Parking Lot & Access 2260 Title of Project 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: Mariners Mile Parking Lot & Access 2260 Title of Project Contract No. 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 one hundred ninety -seven thousand, six- hundred seven and eighty -five cents ($197.607.85 ). 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) , . • Page 17 (f) Plans and Special Provisions for Mariners Mile Parking Lot and Access Road 2260 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. CITY OF NEWPORT BEACH By Maybr Pro Tem ATTEST: City Clerk APPROVED AS TO FORM: uFleming Engineering, Inc. City Attorney Contractor By It By Its I I CITY CONTRACTOR ` CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2260 INDEX TO SPECIAL PROVISIONS Section Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. TIME OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . 1 III. CONSTRUCTION SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 V. LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. SAFETY ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. GUARANTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. WATER, ELECTRICITY, AND SANITARY FACILITIES. . . . . . . . . . . . 2 IX. RIGHTS OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENTS . . . . . . . 2 X. PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 XI. FEES . ..............................3 XII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . . . 3 XIII. BID ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A. CLEAR AND GRUB . . . . . . . . . . . . . . . . . . . . . . . . 3 B. EARTHWORK EXCAVATION AND COMPACTION . . . . . . . . . . . . . . 4 C. IMPORTED AGGREGATE BASE . . . . . . . . . . . . . . . . . . . . 5 D. LIGHTING SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . 5 E. WATER AND IRRIGATION SYSTEM . . . . . . . . . . . . . . . . . . 5 F. RETAINING WALLS . . . . . . . . . . . . . . . . . . . . . . . . 5 • • SP 1 of 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2260 I. SCOPE OF WORK The scope of work covered by this contract consists of constructing a municipal parking lot on a vacant piece of property in the City of Newport Beach, located northerly of the Coast Highway and easterly of Tustin Avenue; constructing an access road leading to the parking lot from Tustin Avenue; constructing a drainage gutter and reconstructing portions of parking lots on adjacent private properties; and constructing a sanitary sewer. Work includes the demolition of existing concrete block walls; clearing and grubbing; compaction, earthwork; constructing retaining walls, drainage sys- tems, a sanitary sewer, a water system complete with water service, a lighting system complete with electrical service, curbs, gutters, sidewalks, asphalt concrete pavement, driveway approaches, parking meter posts; striping; chain link fences and all other work necessary to complete the project. No planting or landscaping is included in this contract. The contract requires the completion of all the work in accordance with these Special Provisions, the Plans (Drawing M- 5216 -S, consisting of 6 sheets), the City's Standard Special Provisions and Standard Drawings, the Standard Speci - fications for Public Works Construction, 1979 Edition, including supplements to date. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department office for 5 apiece. II. TIME OF CONTRACT The contract work shall be completed within 80 calendar days after award of the contract by the City. The Contractor may begin work shown on the plan within the Art Center parking lot at any time during the contract construction period. Once begun, the Contractor must complete all the work within this area shown on the plan within fourteen calendar days from the start, in order to minimize inconvenience to the Art Center and its patrons. The Con- tractor shall maintain access to the Art Center from the Coast Highway at all times. III. CONSTRUCTION SCHEDULE After the award of the contract and prior to the starting of any work, the Contractor shall submit to the City, the construction schedule he proposes to follow in the execution of the work. The construction schedule shall serve as 0 • SP2of5 an index of progress prosecution as contemplated by the Contractor. Said schedule is subject to the approval of the City and may be amended as the work progresses by mutual consent of the City and Contractor. IV. PAYMENT The unit price 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 all items of work not separately provided for in the proposal shall be included in the price bid for other items of work. V. LIABILITY INSURANCE A standard Special Endorsement Form has been adopted by the City (sample attached). 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. VI. SAFETY ORDERS The Contractor shall have, at the worksite, copies or suitable extracts of Construction Safety Orders and General Industrial Safety. VII. GUARANTEES The Contractor shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and /or materials within the one (1) year period from date of acceptance, without any expense whatsoever to the City, ordinary wear and tear and usual abuse or neglect ex- cepted. In the event of failure to comply with the above - mentioned conditions within a week after being notified in writing, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the Contractor, who hereby agrees to pay the cost and charges therefor immediately on demand. VIII. WATER, ELECTRICITY, AND SANITARY FACILITIES The Contractor shall make his own arrangements to provide water and electricity necessary to construct the project. The Contractor shall provide his own sanitary facilities for the use of his employees during construction of the project. IX. RIGHTS OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENTS The City has acquired from the owners of the Jakosky property and the Newport Art Center, temporary rights of entry and egress for the City and its contractors • • SP3of5 and agents to cross over the private property to reach the City's property and to allow construction to be done on the City's property where it abuts the private properties as shown on the plans and included in the scope of work to be done under the contract. The Contractor shall make his own arrangements to provide parking for his employees. The rights the City has acquired from the owners of abutting private property temporarily do not include the right for the Contractor's employees to park on the private property, nor do they include the right to stockpile construction materials on said property. X. PERMITS The City will be responsible for obtaining a permit from CALTRANS to construct a new parkway culver along the northerly side of the Coast Highway. The City will be responsible for obtaining a permit from the California Coastal Zone Conservation Commission. The Contractor shall be responsible for obtaining any other permits required for the project. XI FEES All permit fees normally charged by the City shall be waived, except that every Contractor and Subcontractor employed on the project shall have in effect a valid current City business license. XII CONSTRUCTION SURVEY STAKING Field surveys for control of all grading and construction shall be the respon- sibility 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 intervals normally accepted by the agencies and trades involved. XIII. BID ITEMS A. CLEAR AND GRUB The lump sum price to be paid for this item shall include the removal and disposal from the job site of all vegetation and other obstructions shown on the plans or encountered in the field, which interfere with construction of the project. All brush, weeds, grass and other objectionable material within the construction area shall be removed and disposed of unless otherwise noted on the plans. All concrete and asphalt pavement removals shall be done in a workman -like manner so as not to damage any remaining portions. The Contractor's attention is directed to the area within the proposed City • SP4of5 parking lot. This area shall be cleared completely. All concrete walk, footings, slabs, all asphalt concrete pavement, all wood, structures and other obstructions and debris in this area shall be removed to a depth necessary for complete removal, and backfilled per the requirements of the soils report. All work in this area shall be done in the presence of the Soils Engineer, and the Contractor shall comply with any and all requirements the Soils Engineer may deem necessary to properly clear this area. The removal quantities shown on the plans are the Engineer's estimate only and are provided for the Contractor's convenience. The Contractor shall remove all improvements conflicting with the proposed construction regardless of actual quantity and shall be paid the lump sum amount shown on the bid form regardless of the actual quantity of work required for completion. B. EARTHWORK EXCAVATION AND COMPACTION Earthwork shall conform to the provisions in Section 300 "Earthwork ", and the Standard Specifications and these Special Provisions. Following clearing and grubbing, all earth and rock shall be excavated from the construction site to the lines and grades indicated on the Improvement Plans. Excavation shall include the grading and shaping of the parking areas, and perimeter slopes required to join existing grade to the satisfaction of the Engineer. The Contractor's attention is called to the Soils Report prepared by D. A. Evans and Associates and dated January, 1982 regarding on -site grading require- ments. The Contractor shall work closely with the Soils Engineer and shall conform with his requirements as outlined in the Soils Report in order to obtain the required degree of compaction. Any unsuitable material shall be excavated to the depth ordered by the Soils Engineer and the space refilled with approved material before making fill upon it, or before construction operations. When unsuitable material is removed and disposed of, the resulting space shall be refilled with approved material as specified. The approved material shall be placed and compacted in layers in accordance with the application requirements of the Standard Specifications. Removal and disposal of unsuitable material will be paid for as extra work as specified in Section 300 -2 of the Standard Specifications. Grading quantities as estimated by the Engineer are shown on sheet 1 of the Improvement Plans. The Contractor is invited to prepare his own estimate of grading quantities. The Contractor shall be paid the lump sum amount shown in the "Total" column of the bid form regardless of the actual amount of earth- work performed. All fill material shall conform to the requirements of Section 305 -5 of the Standard Specifications and these Special Provisions. All material must be approved by the Soils Engineer. Preparation of fill areas shall be done in accordance with Section 300 -4 of the Standard Specifications, and the requirements of the Soils Report. l ,. • SP5of5 C. IMPORTED AGGREGATE BASE The cost of furnishing and compacting imported aggregate base underneath driveway approaches, ribbon gutters, and structures shall be included in the prices paid for said driveway approaches, ribbon gutter and structures. D. LIGHTING SYSTEM The lighting system to be constructed in this project is a flat rate multiple 240 -volt single -phase City -owned street lighting system which does not re- quire a meter. The lump sum price to be paid for Bid Item No. 20, construct lighting sys- tem, includes payment of a riser change to the Southern California Edison Company; the construction of a 3 -inch rigid steel conduit and riser with pull cord; and a pullbox. All conduit on the City side of the first pullbox shall be 1a" PVC con- duit, schedule 40, with 3 #8 cables. E. WATER AND IRRIGATION SYSTEM The lump sum price to be paid for Bid Item No. 20, Water and Irrigation System, shall include payment for furnishing and installing a 2 -inch water system per City Standard Drawing 503 -L. F. RETAINING WALLS 1. For the purpose of payment, the length of retaining wall shall be measured at the face of the wall away from the earth retained. 2. For Bid Item No. 18, Construct retaining wall per Detail "H ", portions of the retaining wall will abut an existing building at 124 Tustin Avenue. The bottom of the foundation of the new retaining wall must be at least as low as the bottom of the foundation of the existing building. The top of footing elevation shown on the plans is approxi- mate only. Each bidder must satisfy himself as to the elevation of the bottom of the existing wall before making a lump sum bid for Bid Item No. 18. 3. Payment for retaining walls shall include full compensation for con- structing retaining wall drains in accordance with the requirements of the soils report; for preparation of subgrade beneath wall footings as required by the soils report; for cutting back of slope to construct wall; and for backfilling behind walls in accordance with the require- ments of the soils report. J • March 8 1982 C (� CITY COUN IL AGENDA ITEM NO.' MAR 8 1982 TO: CITY COUNCIL By. the CITY COUNCIL Y 9F H&WFQX NWwH FROM: Public Works Department SUBJECT: MARINERS MILE PARKING LOT AND ACCESS ROAD (CONTRACT 2260) RECOMMENDATIONS: Adopt a resolution awarding Contract No. 2260 to Fleming Engineering, Inc., of Buena Park, in the amount of $197,716.25; and authorizing the Mayor and City Clerk to execute the agreement. DISCUSSION: At 11:00 P. M. on February 25, 1982, the City Clerk received and opened twelve bids for the subject project. BIDDER BIDS 1. Fleming Engineering, Inc., $ 197,716.25 Buena Park 2. Irvine Contractors, Inc. 207,333.28 Santa Ana 3. Griffith Co. 209,146.62 Irvine 4. All American Asphalt 216,559.30 Orange 5. R. J. Noble Co. 217,038.85 Orange 6. Sully- Miller Contracting Co., 217,703.50 Orange 7. AFR Associates 226,997.00 Arcadia 8. Blair Paving, Inc. 229,089.00 Arcadia 9. Redhill Construction Co., Inc. 231.316.20 Santa Ana 10. Porter Construction Comapny, Inc. 237,074.27 Santa Ana 11. McGrew Construction Co., Inc. 238,095.70 Anaheim 12. Ruiz Engineering Co., 257,637.14 Long Beach The low bid is 31% below the engineer's final estimate of $288,000; and 8% below an earlier estimate of $215,000 submitted to the City Council on January 25, 1982 at the time the plans and specifications were approved. The current budget contains an appropriation of $288,685 from the March 8, 1982 • • Subject: Mariners Mile Parking Lot and Access Road Contract 2260 Page 2 General Fund to construct the parking lot and access road. The project will provide 122 parking spaces. The location is shown on the attached sketch. The contract provides for construction of the parking lot and access road. Parking meters and landscaping are not included in the contract. Engineering design and soil testing were funded in the 1980 -81 fiscal year. Parking meters will be installed by the City. The landscaping work will be done separately from the main contract. The project estimate is as follows: Construction $ 197,716.25 Record of survey 2,500.00 Acquisition of right -of -way 20,000.00 and construction easement from Mrs. Oser Landscaping 20,000.00 Miscellaneous costs including appraisals, testing and contingencies 20,000.00 TOTAL $ 260,216.25 The plans and specifications were prepared by Robert Bein, William Frost and Associates, of Newport Beach. The estimated date of completion is May 27, 1982. i Benjamin B. Nolan Public Works Director KLP:rb Att. L4 Ni Lij CD ZI m s, :�i ca � Aam q4 Vs k 4 7\ Z.67 evz C?C.:y Q � 67, E;ep 11 Al �B OWN \ /� a. all av a67, It RESOLUTION No. 82 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO FLEMING ENGINEERING INC. FOR $197,716.25 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME IN CONNECTION WITH MARINERS MILE PARKING LOT & ACCESS ROAD (C -2260) WHEREAS, there has been submitted to the City Clerk, bids for work in connection with the Mariners Mile Parking lot and Access Road; and WHEREAS, on February 25, 1982, at 11:00 a.m., bids for the contract were opened by the City Clerk's office, and it appears that the lowest responsible bidder therefor is FLEMING ENGINEERING INC., OF BUENA PARK; and WHEREAS, after review of the terms and conditions by the City Council, said bid is found to be fair and equitable. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid from FLEMING ENGINEERING INC., OF BUENA PARK in the amount of $197,716.25 is accepted, and that the contract for the described work (Contract No. 2260) be awarded to said bidder. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said contract in accordance with the terms and conditions therein, and the City Clerk is directed to furnish an executed copy to the successful bidder herein. ATTEST: Cler ADOPTED this day of PEAR 08 , 1982. Mayor _ 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2260 io the Honorable City Council ity of Newport Beach 3300 Newport Boulevard 0, Box 1768 lewport Beach, CA 92663 -3884 gentlemen: N he 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 proposes to furnish all materials and do all the work required to complete Contract No. 2260 in accor- lance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for each item, complete in place, to wit: TEM QUANTITY ITEM DESCRIPTION UNIT TOTAL N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Clear and grub, for the lump sum price of �ixuyt� (1 Dollars and Cents 2. Lump Sum Earthwork, excavation, and compac- tion, for the lump sum price of an Cents 3. 2 Construct sewer manholes, for the Each unit price of Ty LOS. G�tai._, Dollars and Cents Each 200 Construct 8" V.C.P. sewer, for the Linear Feet unit price of r Dollars and l f Cents Per Li6ear loot $ $ b S3l� 00 _. - '4'�5k.{tYYd+ki�iFl • _ 1 0 PR lb LTEM QUANT TY ITEM UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum Reconstruct existing manhole base and connect new sewer to manhole, for the lump sum price of Al y / / Dollars and L e Cents DRAINAGE IMPROVEMENTS 6. 144 Construct drainage channel behind Linear Feet retaining wall, for the unit price of ��. Dollars � and elc Cents er Lin(ear Foot 7. Lump Sum Construct drainage inlet behind retaining wall, for the lump sum price of Dollars and _ `Z tV Cents 8. 2 Construct parkway culvert, for the .Each unit price of lvevt- &,.,Dollars and Cents Each 9. 86 Linear Feet Construct 15" RCP, 2500 -D, for the unit price of Dollars and � u< Cents Per Linear o 10. Lump Sum Construct 15" 900 ell for the lump sum price of .tN2P� Dollars and Cents ar.0 $ Q. $ /7 / ,' $ .2Y34.-, sej Ll 0 • PR lc ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND -UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. ++7- d-b8 Construct 4' wide ribbon gutter, for the Linear Feet price of gCFE(Z To ADDEMbQ" NE Z 41YAcHgD �„t,.y Dollars Etc- ReTA. and Kkx Cents 36 lz�'— a� Per Linear F t $ 12. Lump Sum Construct driveway approach on Tustin Avenue, for the lump sum of z? 44� ;, c Dollars l' o and Cents $ 13. 2 Each Construct driveway approach on access road, for the unit price of Dollars and Cents Each , 14. 406 Construct type A curb and gutter, for the Linear Feet unit price of Dollars and 71,e) Cents Lo $ '" �o $ ��- Per Linear Foot 15. 2,207 Construct type B curb, for the unit Linear Feet price of Dollars and Cents 70 90: Per Linear Foo 16. 2,160 Construct 4" thick P.C.C. sidewalk Square Feet for the unit price of Dollars and 7 ,/ _Cr u:v� Cents S- 00 Per Squarej of PR Id 11EM QUANTITY EM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. --�7- 360 Construct retaining wall along north Linear Feet side of access road, per Detail "G ", C"6eD q(AAUTt7y for the-unit price of i�2 A.DbertDU wt �' oZ C� >P,V ' l�TZA Cb EJ 4ie2F. to -t - Dollars and 2 c� Cents Per Linear Foot 18. 226 Construct retaining walls southerly of Linear Feet access road, per Detail "H ", for the unit price of Dollars and `Z La? Cents Per Linear Foot 19.. 464- 28o Construct Linear Feet easterly GNrn xle:D (�aA Wrt-(y ing lot AIAD �i`,t'2arsTtN - �4'✓price PP CLdrJ�uatkLE2 CoF'y AT (Ac(F D " -] p Per Linear Foot VJ"' retaining walls along north - nd pppp�� ,bwesa eN U sipe�sr,Qf. par �R De' 1 ibo�`t66 —uni "t ollars and Cents OL' fc $ S�` $ 3les", 20. Lump Sum Construct lighting system for the lump sum price of H7Q1 IarS�. r,�L- y�✓s.ro4rGLLc(� and Cents 21. Lump Sum Construct water and irrigation system, including water service, and conduits for future controllers, for the lump sum of / ���►te �1..s.'iJ.�isl,/j � � Dollar and 12� Cents 22. 1,108 Furnish and compact imported aggregate Tons base underneath A.C. pavement, for the unit ,price of Dollars and / 6 0 Z L� Cents �L $l% Par Tnn Ll PR le ITEM QUANTITY I ITEM DESCRIPTION UNIT TOTAL NO. Afl[._LWyT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 11100 Furnish and compact 3" A.C. pavement, for Tons the unit price of f..� Dollars and 5 c" Cents $_ Per Ton 24. Lump Sum Stripe parking lot, for the lump sum of lc �Cr ✓:k Dollars and o0 �iLf1 Cents $c2 25. 52 Furnish and install parking meter posts Each with foundations, for the unit price of �6, Dollars —LT— and .a,r;, Cents Each 4- � 26. 251 Construct)3C high chain link fence, Linear Feet for xhe unit price of �F�VL�E P(5CZiPTIUn �Jp'Q^ Dollars N= Z C € -r v ATtA�tiED and + J0 'T o Cents j�3cv e� r Linear Foot 27. 245 Construct l;" PVC conduit underneath Linear Feet A.C. pavement for future sprinkler con- trollers for the unit price of Dollars and 31 yS Cents $_ Per Linea Foot 28. 130 Construct 2 X 4 redwood headers Linear Feet for the unit price of U1� Dollars and Cents $�_ Pe�r.f LLiliear Foot . • PR if TOTAL BID PRICE WRITTEN IN WORDS: (ITEMS, 12 8 ,INCLUS IVE) CONTRACTOR'S LICENSE NO. 327629 DATE February 25, 1982 (714) 994 -3501. Bidder s Telephone Number ° Dollars and Cents $ Fleming Engineering, Inc. Bidder on d ature�rit1e Terry erring President 8281 Commnwealth Ave.,Buena Park, Ca. 90621 Bidder's Address • 0 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. 327629 Cl �s A Contr's Lic. No. & Classification .0 $1. i. Fleming Engineering, Inc. Bidder or' atur itl Thrrf Fleming President • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address G.L. 114e-1191z- 2. �IECl2 /� ST//lGV�/ Lr� . /�Yiyahe /�p9 3• Lt�o/1i��2R;CATia� CA2GSod L/7d�S Cldv� f/LgltU9G (i4t�se 5. 6. 7. 8. 9. 10. 11. 12. Fleming Engineering, Inc. Bidder ut i ignat e /Title Terry Flaring President • BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, KD NO. YS780 -9847 MIUM - NIL Page 4 That we, FLEMING ENGINEERING, INC. , as bidder, and INDUSTRIAL INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF AMOUNT BID Dollars ($ 1()& ), 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 M_ARINE_RS MILE PARKINQ rnT & ACCFSS 2260 Title of Project Contract No. 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 25TH day of FEBRUARY , 1%2 . F Bidder (Attach acknowledgement of Attorney -in -Fact) BY: Aut 71"g r ure /Tit INDUSTRIAL INDEMNITY COMPANY Surety By C., l�, WILLIAM R.vFRIIS Title ATTORNEY —IN —FACT k % q � ` @ i |■ § ID CIA" : § 4� \ g(J / \ \ //ƒ }} ■ � } \ ( G ) as « a� \ / \ 2 \ 2; , k+ � \ / ) ` & re § ) }� \ \/ / / ©2F ■E;� g »(2@ | $\ G ■; �) (( }k §2 �z 3 f�eI �c \/ \ 0v FI. 2»&( k4 °> �) } )[ Cl - 2 §`E ■� Ia , EE i \ ƒ'pr $■ ` \\k. . (\ IL - 10fnrr of �dtarrtrg #563 ' tnofn all men bg these presents: NOME OFFICE -SAN FRANCISCO That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint ------------------------------------ WILLIAM R. FRIIS----- -- ----- ------------------ ------- its true and lawful attorney -in -fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of ----------------------------------------- UNLIMITED--------- ------ --- ----- ----- -------- - - - -- and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 28th day of April , 19 77 . Attest: INDUSTR INDEMNITY CON �IXDn3kl7, Coxan s e Se tary By ante cafe. Sen Vice President STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO rs' On this 28th day of April '19 77 , before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and Roxani M. Gillespie known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witnest whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. ` KuunnruxallmNNSN1111rr11eNY !n111Ni111111111A { MARY MUELLER � RDTARY P♦'3UC — C&IFORNIA s : Notary PublicA alid tor the City and County a (11 Y 8 CoUMY Of sm Ft"SC� of San F anc- co. State of California «. M7 Cggn.qfion 69i1N A119. 3. 1979 r.......... Y:IL:Int NIpHINNN6NINtINNtM 1, L. E. Mulryan, Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company; and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this 25TH day of � IO2 SEAL r L. E. Mulryan Secretary 1 r041 N7 (10/72) • � • �� i i ��`:: . _ �� y 'e ri ,.,:. ._.�5�s. =._.a. �2�':,cat. - ^ass.itin:- 'i�i�„ .z�"'__�..���..T.�.` "... b' ".n' ....� a.�. « �-:A. « "S" "+bs,�sai��: -v �`€.n a4 ,,,b:wc'. • • 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 S day of _g(-.«. , 19 V, My commission expires: 1dAE • OFF�� i SM S KATHY J. EDMISTON NOTARY PUEIUC•M1FORNIA i ORANGE COUNTY 0i C4rwba Et�ies A 27, 1984 Fleming Engineering. Inc. Bidder tho * ed Sign ture /Title Terry Fleming President � Notary Public • S 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. Fleming Engineering, Inc. Bidder I ed Sign ure /Title lorry Fleming President 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 1980 Orange Co. EMA (714) 834 -3212 1981 City of Compton Larry Doss 1981 Oltmans Construction Co. 1981 F.C. Wood 1981 San Bernardino Co. Flood Control 1981 San Bernardino Co. Flood Control 1981 City of La Mirada Fleming Engineering Inc. Bidder <L: 4: th z gnatur rry Fleming resident CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 S February 11, 1982 MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2260 Bidders shall propose to complete Contract No. 2260 in accordance with the Bid Documents, modified as follows: The provisions of Section IX of the special conditions, rights of entry and temporary construction easements, do not apply to construction equipment or loaded trucks. 2. The Contractor will be required to construct a temporary haul road between Tustin Avenue and the proposed Mariners Mile Parking Lot over City property for the purpose of moving construction equipment and loaded trucks between the parking lot and the public street system. Please sign and date this ADDENDUM, and attach it to your bid Proposal. No bid will be considered unless this ADDENDUM is attached. Benjamin B. Nolan Public Works Director 3-VIM7 Date: ADDENDUM received by: February 17, 1982 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2260 Bidders .shall propose to complete Contract No. 2260 in accordance with the Bid Documents, modified as follows: Bid Item No. 11 Change the quantity of 4' -wide ribbon gutter from 117 linear feet to 468 linear feet. Bid Item No. 17 ✓ Change the quantity of retaining wall along north side of access road per Detail "G" from 477 linear feet to 360 linear feet. Bid Item No. 19 Change the quantity and item description from construct 164 linear feet of retaining walls along northeasterly and northwesterly sides of parking lot per Detail "J" to construct 280 linear feet of retaining walls along north- easterly and northwesterly sides of parking lot and along north side of access road. Bid Item No. 26 J Change item description from construct 6' -high chain link fence to construct 4' -high chain link fence. Please sign and date this ADDENDUM, and attach it to your'bid Proposal. No bid will be considered unless this ADDENDUM is attached and the corrections made to the Bid Proposal have been initiated and dated by the Bidder. -��. 4enj,,- min B. Nolan Public Works Director KLP:jd ADDENDUM received by: Date:6. /yd Z egr'gle4, —Z�m �anuary 25, 1982 Q CITY COUNCIL AGENDA ` o . ITEM NO. F-11 gar ? 5 1982 TO: CITY COUNCIL COUNCIL FROM: Public Works DepartmPil C'' h r RT BEACH SUBJECT: MARINERS MILE PARKING LOT AND ACCESS ROAD (CONTRACT NO. 2260) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on February 25, 1982. DISCUSSION: The current budget contains an appropriation of $288,685 from the General Fund to construct the Mariners Mile parking lot, and an access road leading from Tustin Avenue. The project will provide approximately 106 parking spaces in the park- ing lot, and 15 parking spaces along the access road. The location is shown on the attached sketch; and a complete set of plans will be available for review in the Council Chambers conference room. The parking lot is designed for parking meters. Public vehicular access will be from Tustin Avenue via the access road. Two owners of abutting property (Jakosky and Cuse) have acquired rights of access between their properties and the parking lot or access road as part of their consideration for granting easements necessary for con- struction of the project. Most of the land required for this project has been acquired in prior years; a small triangular parcel and construction easement westerly of the westerly corner of Ensign View Park are being acquired from Mrs. Oser in the current fiscal year. The contract work includes construction of the parking lot and access road, retaining walls along the access road and the parking lot, regrading and paving a join strip along the Jakosky property, installation of a sanitary sewer stub for future service to the Oser property, and regrading and repaving for drainage on the Art Center property. Parking meters for the lot will be provided in the 1982 -83 fiscal year. Engineering design costs were funded in a prior year. The project cost estimate is as follows: Construction $215,080 Soils testing and engineering 5,400 Parcel from Oser 16,000 Appraisals, contingencies, testing 30000 Total $266,480 The plans and specifications were prepared by Robert Bein, William Frost and sociates of Newport Beach. The estimated date of completion is May 25, 1982. r44 JBe7naml n B. Nolan Public Works Director KLP:jd Att. v. ,O1 41 e7 H7/ ai E Ax L13 jig NN' ... . . ...... x. -fAl 2087 ,9 Ind a-N 17 E Ax L13 jig NN' ... . . ...... x. -fAl 2087 ,9 THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. 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'. January 27, 1982 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this �7 day of Janu'afr� 1982 Signature THE NEWPORT ENSIGN 2721 F. Coast Hwy, Corona del Mar, California 92625. C This space is for the County Clerk's Filing Stamp A PUBLIC NOTICE Proof of Publication of MARINERS MILE PARKING LOT AND ACCESS ROAD PROOF OF PUBLICATION . ..POB=N011Ce NOnCEINVI INGBIDS S.ebed bid. my be r eeived at the .Bice d W City Cl vk, 3300 N. .e Blvd., N. a Beach, Cs 89663 wtd 11 a.m. o. tb. nth day d P.bry . 1982, et ivIu b tima .u.h bm. .hall b. o,, davdmdfor' MARINERS UU1 PARKING LOT AND . ACCESS IIOAb C"t.. N.. 2960 pa ad by City y]86,180 APPmvd by Ub C 9 ComeB E. 99th day d Immry, 1982. Wanda E. Aadr.en, C4ry.CG.k; ' . .t bid docOmUW- -9D6,tl dm. d tE. PuBP6Ytmn'! t.. �