HomeMy WebLinkAboutC-2496 - 1984-85 Street & Alley Resurfacing & ReconstructionCITY OF NEWPORT BEACH
October 24, 1985
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
Sully- Miller Contracting Company
6145 Santiago Canyon Road
Orange, CA 92669
Subject: Surety: Seaboard Surety Company l�
Bonds No.: 97666085 -038 v
Contract No.: C -2496
Project: 1984 -85 Street and Alley Resurfacing and
Reconstruction Program
The City Council on September 23, 1985 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 has been recorded.
The Notice was recorded by the Orange County Recorder on October 1,
1985, Reference No. 85- 375162. Please notify your surety company
that the bonds may be released 35 days after this date.
Sincerely,
���ti
rene B"utler
Assistant City Clerk
IB:pm
cc: Public Works
3300 Newport Boulevard, Newport Beach
PLEASE RETURN TO: Gmvnmw COee 6103
City Clerk,, .Z ' C-
City of Newp r. Beach
3300 Newport Blvd. !XEMP-r
Newport Beach, CA 92663 -3884 2
NOTICE OF COMPLETION
NO C051UIDERATION
PUBLIC WORKS
85-- 375162
RECORDED IN OFFICIAL RECOtiDS
OF ORANGE COUNTY CALIFORNIA
-100 PM OCT 1'85
�°� Q �/ couwy
`''� RECORDER
I o All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on September 23, 1985
the Public Works project consisting of 1984 -85 Street and Alley Resurfacing and
Reconstruction Program (C -2496)
on which Sully- Miller Contracting Company, 6145 Santiago Canyon Road, Orange, CA 92669
was the contractor, and Seaboard Surety Company, 19700 Fairchild, Suite 130, Irvine,
was the surety, was completed. CA, 92715
CITY OF NEWPORT BEACH
,
Public Work re&t '*t , c 0A,
VERIFICATION QC�`21�g�35�
I, the undersigned, say: � ni
I am the Public Works Director of the City of Newport Beach;. the f
Notice of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September..26 „1985.. at Newport Beach, California.
Z;2t ,Y 4
Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Newport each; the City Council of said
City on Sentember 23. 1985 acctd 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 September 26, 1985 at Newport Beach, California.
--AW-7,
0 !.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
September 27, 1985
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
(714) 644 -3005
Attached for recordation is Notice of Completion of Public Works
project consisting of 1984 -85 Street and Alley Resurfacing and
Reconstruction Program, Contract No. 2496 on which Sully - Miller
Contracting Company was the Contractor and Seaboard Surety Company
was the Surety.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
cc: Public Works
3300 Newport Boulevard, Newport Beach
• 0
September 23, 1985
BY THE CITY COUNCIL CITY COUNCIL AGENDA
CITY OF NEWPORT BEACH ITEM NO. F -13
SEP 231 °85
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF 1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION
(C -2496)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the C:tty...Clerk. to- release, the::bond&.in.:35 , ,iset:,
Notice of Completion.ha $1.4eeo.filed..
DISCUSSION:
The contract for the resurfacing and reconstruction of streets and
alleys for the 1984 -85 fiscal year has been completed to the satisfaction of the
Public Works Department.
is The bid price was $217,132.00
Amount of unit price items constucted $247,355.10
Amount of change orders 32,696.92
Total Contract Cost $280,052.02
Funds were budgeted in the General Fund, Account No. 02- 3385 -015.
The increase in the quantity of unit price items constructed was due
primarily to additional pavement reconstruction and a 6 percent increase in the
asphalt resurfacing.
Three change orders were issued. The first, in the amount of
$25,435.92, provided for removal of large quantities of wet, soft, unsuitable
material from Quail Street and the replacement with asphalt concrete. The
second, in the amount of $589.00, provided for construction of temporary asphalt
ramps in the alley westerly of I Street to accommodate the later brick pavement
by the adjacent property owner. The third, in the amount of $6,672.00, pro-
vided for placement of geo- textile fabric on Quail and Dove Streets in an effort
to reduce reflective cracking through the new pavement.
• The contractor is Sully- Miller contracting Co., Inc. of Oranges. -
California.
The contract date of completion was August 2, 1985. The work was
completed by July 11, 1985.
c � ?4
Benjamin B. Nolan
Public Works Director
GPD:jd
TO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
DATE: June 4, 1985
CITY OF NEWPORT BEACH
SUBJECT: Contract No. C -2496
OFFICE OF THE CITY CLERK
(714) 640 -2251
�A/ /mss
Description of Contract 1984 -85 Street and Alley Resurfacing
and Reconstruction Program
Effective date of Contract June 4, 1985
Authorized by Minute Action, approved on May 28, 1985
Contract with Sully- Miller Contracting Company
Address 6145 Santiago Canyon Road
Orange, CA 92669
Amount of Contract $217,132.00
!�" e
Wanda E. Andersen
City Clerk
";iii;
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
CITY CLERK
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915
until 11:00 A.M. on the 15th day of May , 1985,
at which time such bids shall be opened and read for
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM
Title of Project
2496
Contract No.
$225,000
Engineer's Estimate
F r a 0 •
Approved by the City Council
this 22nd day of April , 1985.
e, , '
Wanda E. Raggio
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,
P. 0. Box 1768, Newport Beach, CA 92658 -8915.
For further information, call Gilbert Wong at 644 -3311.
Project Manager
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM
CONTRACT NO.2496
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92658 -8915
Gentlemen:
PR I.a
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 this Contract No. 2496
in accordance with the Plans and Special Provisions, and will take in full payment therefor
the following unit price for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1 21,300
Square Feet
Reconstruct A.C. pavement with 6" thick
A.C. base course or 3" A.C. base course
over 6" A.B.
@ TWO Dollars
and
RA —Cents
Per quare Foot
2 6,600 Reconstruct A.C. pavement with 4" A.C.
Square Feet base course or 2" A.C. base course over
4" A.B.
@ Two Dollars
and
Cents
Per Mare Foot
$ 2.40 $51.120.00
$ 2.00 $13,200.00
PR 1.b
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3 670 Reconstruct P.C.C. curb and gutter
Lineal Feet
4 35
Lineal Feet
5 1,720
Square Feet
6 3
Each
7 283
Square Feet
8 3,000
Square Feet
9 2,900
Tons
@ FIFTEEN Dollars
and
NO Cents
Per Lineal Foot
Construct P.C.C. curb and gutter
@ FIFTEEN Dollars
and
Nn Cents
Per Lineal Foot
Reconstruct P.C.C. walk
@ THREE
Dollars
and
NO
Cents
Per Square Foot
Reconstruct P.C.C. alley
approach
@ FOUR HUNDRED
Dollars
and
NO
Cents
Per Each
Reconstruct P.C.C. drive
approach
@ FOUR
Dollars
and
No
Cents
Per Square Foot
Reconstruct A.C. paving
with 6" -thick
P.C.C. pavement
@ FIVE
Dollars
and
NO
Cents
Per Square Foot
Construct 1" -thick A.C.
overlay
@ THIRTY
Dollars
and
T14TRTV
Cents
Per Ton
$ 15.00 $ 10,050.00
$ 15.00 $ 525.00
$ 3.00 $ 5,160.00
$ 400.00 $ 1,200.00
$ 4.00 $ 1,132.00
$ 5.00 $ 15,000.00
$ 30.30 $ 87,870.00
PR l.c
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10 87
Each
11 66
Each
12 15
Each
13 Lump Sum
Adjust water valve, monument, and
sewer cleanout frame and cover to
finish grade
ONE HUNDRED SIXTY -FIVE Dollars
and
NO Cents $ 165.00 $ 14,355.00
Per Each
Adjust manhole frame and cover to
finish grade
ONE HIINDRFD SFVFNTY Dollars
and
Nn Cents $ 170_nn $ 11,220 no
Per Each
Replace and adjust water meter boxes
to finish grade
nNF HIINDRFn Dollars
and
Per dc
Cents $ inn-on $ 1,5nn_on
Traffic striping and pavement markings
(includes raised pavement markers)
FORTY- F1f,HT HIINnRFD Dollars
and
Sum 4
Per Lump Cents $ _Rnn_nn $ 4,Rnn_no
TOTAL PRICE WRITTEN IN WORDS:
1 HUNDRED ,1 :11 ONE NDR 1 THIRTY TWO Dollars
N , 11
's
Contractor Lic. No. & C I ass"N'i cation
gg�� g_Iann
Bidder's71'elepWone Number
May 15 1985
Date
,$U - MILLER CONTRACTING COMPANY
Bidder
President
L horize ignature it e
6145 Santiago Canyon Road, Orange, CA 92669
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 1777.5
of the California Labor Code for all apprenticeable occupations.
1 Ti c. Au
Contr's Cla ssification
May 15, 1985
Date
Bidder SULLY - MILLER CONTRACTING COMPANY
S /Robert E. Holland, Vice President
Authorized Signature /Title
DESIGNATION OF SUBCONTRACTOR(S)
0 Page 3
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer and as provided by State law.
Item of Work Subcontractor Address
�112;1#51MVM MAMINMaRTM 1 .,,-
3. Onnrrata Ernia Tailor fonrreta Yorba Linda
4.
5.
6.
7.
8.
9.
10.
12.
C „
S /Robert E. Holland, Vice President
Authorized Signature /Title
FOR ORIGINAL SEE CITY CLERK'S FILE COPY.
to 0 Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, SULLY - MILLER CONTRACTING COMPANY , as bidder,
and SFABOARn SURETY COMPANY , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
TEN PFRCFNT OF THE TOTAL AMOUNT OF THE BTD IN Dollars ($ 10% of BID ).
lawful money of the United States for the payment of which sum well and truly
to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM -- 2496
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 15th day
of MAY , 19-U.
(Attach acknowledgement of
Attorney -in -Fact)
u : 1ki . 119 Iu9.9
I Secretary
Au horized at
Signure /Title
Notary Public
SEABOARD SURETY COMPANY
Commission expires Surety
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 15th day of May
19--a.
My.commission expires:
October 21, 1988
S /Robert E. Holland, Vice President
Authorized Signature /Title
S /Alice M. English
Notary Public
FOR ORIGINAL SEOJITY CLERK'S FILE COPY.
Page 6
STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his financial responsibility
or agrees to submit a statement within 1 work day after the bid opening if
the undersigned is the apparent low bidder.
On file with City Clerk.
SULLY - MILLER CONTRACTING COMPANY
Bidder
S /Robert E. Holland, Vice 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.
Please see attached
er
Authorized Signature /Title
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NOTICE
• Page 8
The following are samples of contract documents which shall be
completed and executed by the successful bidder after he receives a
letter of award from the City of Newport Beach:
PAYMENT BOND (pages 9 & 1D)
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 a 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.
J \
i
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That
Ond No: 9766608SP038 9
Premium: Inc. Performance Bond
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion ... ..
has awarded to SULLY-MILLFR CONTRACTING COMPANY
hereinafter designated as the "Principal ", a contract for
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond with said contract, providing that if
said Principal or any of his or its subcontractors, shall fail to pay for any materials,
provisions, provender, or other supplies or teams used in, upon, for, or about the per-
formance of the work agreed to be done, or for any work or labor done thereon of any
kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We SULLY- MILLER CONTRACTING COMPANY
3000 East South Street, Long Beach, CA 90805
as Principal, and SEABOARD SURETY COMPANY
19700 Fairchild, Suite 130, Irvine, CA 92715
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
Two hundred seventeen thousand, one hundred thirty two -- Dollars ($ 217,132.00--- - - - -),
said sum being equal to 100% of the estimated amount payable by the City of Newport Beach
under the terms of the contract;, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or
his subcontractors, fail to pay for any materials, provisions, provender, or other
supplies or teams, used in, upon, for, or about the performance of the work contracted
to be done, or for any other work or labor thereon of any kind or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, that the
Surety or Sureties will pay for the same, in an amount not exceeding the sum specified
in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's
fee, to be fixed by the Court as required by the provisions of Section 3250 of the
Civil Code of the State of California.
This bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 3181 of the California Civil Code
so as to give a right of action to them or their assigns in any suit brought upon
r
Payment Bond (Continued)
40 Page 10
this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil 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 29th day of May 19 —_.
A proved as to form: n
y - AttoetreY
SULLY- MILLER CONTRACTING COMPANY (Seal)
Name of Contractor Principal
Frank E. Holland - Asst. Secretary
SEABOARD SURETY COMPANY (Seal)
Name of Surety
19700 Fairchild, Irvine, CA 92715
Address of Sure -
Signature and Title of uthorized_ gent
Ronald Davis - Attorney in Fact.
3000 E. South Street, Long Beach, CA 90805
Address of gent
(213) 531 -3550
Telephone No. of gent
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o. 9866
• NEW YORK, NEW YORK 40
POWER OF ATTORNEY
.NOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPAXY, a corporation of the State
New York, has made, constituted and appointed and by these presents does make, constitute and appoint
Ronald Davis
Long Beach, California
true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies surety bonds, under -
kings and other instruments of similar nature as follows: Limited to the amount of Sal, 500, 000 for
ponds executed on behalf of Sully - Miller Contracting Company and /or Southern
pacific Milling Company, Inc. and /or South Coast Asphalt Products Company, Inc.
)ch insurance policies, surety bonds, undertakinggs and instruments for said purposes, when duly, executed by the aforesaid
-torney -in -Fact, shall be binding upon the said Cgfflpany as fully and to the same extent as if signed by the duly authorized officers
the Company and scaled with its corporate seal; and all the acts of said Attorney- inFaet, pursuant to the authority hereby
:en, are hereby ratified and confirmed.
.is appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Com-
nc on December Sth. 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
MCLE VII, SECTION 1:
"Policies, bonds, recognicances, stipulations, eonstnta of surety, underwriting undtrukings and instrutntnts relating thereto.
nnnct policies, bonds, recognissnces, stipulations, oonstnts of surety and underwriting undrtakings of the Company. and rdtases 11-MICTIU and
er writings relating in any way thereto or to any claim or toss thereunder, shall be signed in the name and or, btWf of the Cornpany
(a) by the Chairman of the Board, the Prtsident, a Vice President or a Resident Vice President and by the Seaeury, an Assistant Sxretary,
Resident Secretary or a Resident Assistant Secretary; a (b) by an Attorney -in -Fact for the Compaay appointed and authorized by th, Chair -
n of the Board. the President or a Vice President to make such signature; or (c) by such other officers or repctsentatives as the Board may
M time to time determine.
The seal of the Company shall if appropriate ba affixed thereto by any such officer, Attorney- in•Fatt or represatativa"
: WITNESS WHEREOF. SEABOARD SURETY CO�IPA \Y has caused these presents to be signed by one o ltd Vict -
esidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ........ z ..............
of ..... _ ... J. love ............................... 1913...
•est
eat} ......., Arai. ta ... J. n,,. Leon.art3 ......................
Asseta'm Secretary
ATE OF , EN%T YORK
L7XTY OF NE"' YORK as.:
this ........ 3.r.d................ day of ........ :......... r7�1n..e....
................. R ...... 7..... Lunde. z. s. e. n .................. ............
whom I am personally acquainted, Mho, being by
: he is a Vice- President of SEABOARD SURETY
-g instrument; that he knows the corporate seal of
that it %%a-, so affixed by order of the Board of
fident of said Company by like authority.
SEABOARD SURETY CODIPAKY,
By R. T. Gundersen
..................... .....,...............I.........
Vice - President
............................ ............................... 19... .3...., before me personally appeared
................... a Vice- President of SEABOARD SURETY COMPANY,
me duly scorn, said that he resides in the State of ..... h.atii_ prx ............:
COMPANY, the corporation described in and which executed the fore -
the said Company; that the seal affixed to said instrument is such corporate
Directors of said Company; and that he signed his name thereto as Vice-
State ci. New York
No 01rX84E8M nualified in Richmond County
Certificate filed in New York County
.al) Comnission Expires '`larch 30, 1984 ,...... J.larg.aret...M ...... Quinlan.
...........................
- Notary Public
CERTIFICATE
1. the undersigned Assistant Sturtary of SEABOARD SLRETY COMPANY do hereby certify that the original Power of Attorney of which
foregoing is a full, true and correct copy, is in full force and affect on the date of this Cer4caie and I do further certiiy that the Vice President
executed the wd PovtT of Attomty was one of the Offictrs authorized by the Board of Directors to appoint u. attorney -in -fact as provided in
:le VII. Section 1, of the By-hws of SEABOARD SLRETY COMPANY.
This Certificate may be tined and sealed by fats'mlle under and b% authcrit) of the fottox6ng resolution of the Board of Directors of SEA -
tRD SURETY COMPA .\1 at a netting duly called and beld on the :?S:6 day of )one 1978.
'RESOLVED: (2) That the use of a printed facsimile of the corporate seal Of the company and of the signature of an Assistant Secreury
n any cfrtifica6m.. of the correctness of a top% of or, instrument executed It> the President or a Vict- Prtsident pu,suont to Article VIf, Section
. of the ByLa,cs appointing one authorizing an a ❑ornt) -in -fact to sign in the name and on behalf of the eornrpar.y surety bonds. underwriting
- .eertakirgs or other instruments described in said Article VII, Section 1, rith like effect as if such seal and such signature
nature had been mnually
°. ixrd and made, hereby is authorised and approved"
WITNESS WHEREOF. I have hereunto tat my hand and affixed the corporate seal of the Company to these presents this
I
.r ...........29th .............. day of ................... MaY...: ........................................... ..., 19...a5 ...
D27
-
Assists Stcreury
Bo No: 97666085 -038
P : $271.00
Page 11
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 Mali 28 1985
has awarded to SULLY- MILLER CONTRACTING COMPANY
hereinafter designated as the "Principal ", a contract for
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond for the faithful performance of said
contract;
NOW, THEREFORE, We,
SULLY- MILLER CONTRACTING COMPANY
3000 East South Street, Long Beach, CA 90805
as Principal, and SEABOARD SURETY COMPANY
19700 Fairchild Suite 130 Irvine CA 92715
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
Two hundred seventeen thousand, one hundred thirty two - - - -- dollars ($217"132.00 - - - -- ).
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 du l executed by the Principal and
Surety above named, on the 29th day of "day , 1985
SULLY- MILLER CONTRACTING COMPANY (Seal)
Name of Contractor Principal)
SEABOARD SURETY COMPANY (Seal)
Name of Surety
19700 Fairchild, Irvine, CA 92715
Address of Surety
Signature and Title of Authorized Agent
Ronald Davis - Attorney in Fact
Approved as to form:
3000 E. South Street, Long Beach, CA 90805 .
Address of Agent
City AftoMey
(213) 531 -3550
Telephone No, of Agent
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'o. 9866
*NEW YORK, TEw YORK
POWER OF ATTORNEY
NOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPAKY, a corporation of the State
New York, has made, constituted and appointed and by these presents does make, constitute and appoint
Ronald Davis
Long Peach, California
true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under.
kings and other instruments of similar nature as follows: Limited to the amount of $2, 500, 000 for
ponds executed on behalf of Sully—miller Contracting Company and /or Southern
pacific Milling Company, Inc. and /cr South Coast Asphalt Products Company, Inc.
ich insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
.torney -in -Fact, shall be binding upon the said CQpany as fully and to the same extent a if signed by the duly authorized officers
the Company and stated with its corporate sai; and ail the acts of said Attorney -in Fact, pursuant to the authority hereby
:en, are hereby ratified and confirmed.
.is appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Com-
ny on December Sih. 1927. with Amendments to and including January 15, 1952 and are still in full force and effect:
?TICLE VII, SECTION 1:
"Policies, bonds, recognizances, stipulations, consents of surety, underter-iting undertakings and instrurc"ts relating there".
urance policies, bonds, recogr.iunces, stipulations, consents of surety and underwriting undertakings of the Company, and releases, or.". enu and
er writings relating in any way thereto or to any claim or lots thereunder, shall be signed in the nuoe and or. behalf of the Company
(a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary,
-1csident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the C=W) appcinied and authoriztd by tl,. 0%sir-
n of the Board. the President or a Vice President to make such signature; or (c) by such other officers or rrpresenntives as the Board may
m time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney =tn -Fact or representative."
WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one ci Ila Vice -
esidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ........................
of ........... June ............................... 1913...
est:
Anita.- .J.....Lt�ona•rd
cal ................. ... .........................
ASSi!=l Secretary
ATE OF NEW YORK
U TY OF INEW YORK ss.;
SEABOARD SURETY CODSPA \'Y,
By R. T. Gundersen
......................................................... ...............................
Vice - President
this ... ..... 3.r.d ................ day of ........ : ......... r7Un. e. ............................................. .................. 19...8.3..... before me personally appeared
... ........ . :.R......T....G.. tan~ e. rs. en ......................... ............................... a Vice- President of SEABOARD SURETY COMPANY,
whom I am personally acquac,ud, who, beinit by me dui• sworn, said that he resides in the State of ..... r,ew ... XP0? ............;
he is a Vice - President of SEABOARD SURETY CONfPANY, the corporation described in and which executed the fore -
-.g instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate
that it was so affixed be order of the Board of Directors of said Company; and that he signed his name thereto as Vice -
sident of said Company by like authority.
State of New York
No. 01nU84C8870 nualified in Richmond County
Certificate filed in New York County
:al) Cortinission Expires March 30, 1984 - ..-- ...,Itarg.aret -M. Quinlan ...........................
- -. -. Nowy Public
CERTIFICATE
I. the undtrt :rr,td Assistant Secretary of SEABOARD SURETY COMPANY do herebt certify that the origiral Potter of Atlomey of which
forrgoing is a full. true and torrect copy, is in full force and effect or. the date of this Ceni'finu and I do further certify that the Vice President
rxrrutrd the said Poster of Attorney was one of the Officers authorised by the Ecard of Directors to appoint u a:fomty- irdart as pro,jded in
cle N'll. Section 1, of the B, -Lets of SEABOARD SURETY CO\IP.ANY.
This Certificate near be tilined and scaled by facsimile under and by asahority of the fol:eeing resolution of the Board of Directors of SEA -
',RD SURETY COMPAN1 at a netting dcly "lied and held on the 26th day of June 1978.
-'RESOLVED: (11 That the use of a printed facsimile of the corporate seal of the company and of the sig-vure of an Assistant Secreury,
n am tcitAca:ion of the correctness of a copy of an instrument executed by the President or a Vice- P vr
rtsident psuart to Anlcle VI], Section
. of the By -La,, appointing and authorizing at aitorne) -in -fact to sign in the name and on behalf of the eoc.pany surety bonds. underwriting
,etnakings or other instruments described in said .Article VIi, Section 1, with fike effect a if such seal and such sigr,a ;tare had been manually
ed and made, hereby is authorised and approved"
WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate sal of the Cornpany to these presents this
29th...... day of .............May........:...
t.
.............1 19. 85
....
i�/�yv. ......
reury
............
Assists Ses:
• CERTIFICATE OF INSURANCE
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
NAME AND ADDRESS OF INSURED
Koppers Company, Inc. g its Subsidiary
0 Page 13
A Travelers Indemnity Company
Company B
Letter
Company C
Letter
3000 East South Street Company D
Long Beach- CA 9080S Letter
(213) 531 -3550 Company E
Letter
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).
NUIE: the Comprehensive General Liability ana Automotive Liability policies are enaorsea I
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:
/attention: Public Works Department.
� / /� Agency: Travelers Indemnity Company
By: a
Aut 6tized Representative Ma
A. Roger Thomson Date Issu lledl
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:
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUC IO am 2496
Project Title and Contract NumberIAM
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 conaltlon or any contract or other aocument witn
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.
Policy
LIMITS OF LIABILITY
IN THOUSANDS
000
COMPANY
TYPES OF INSURANCE
Policy
Exp.
LETTER
COVERAGE REQUIRED
No.
Date
Each
Completed
Occurrence
Operations
A
GENERAL LIABILITY TRSLGI8
x Comprehensive Form
T4523 -85
1 -1 -86
Bodily Injury
$
$
x Premises - Operations
Property Damage
$
$
X Explosion & Collapse Hazard
X Underground Hazard
x Products /Completed Operations
Bodily Injury
Hazard
and Property
x Contractual Insurance
x Broad Form Property Damage
Damage Combined
$1,000,
$1,000,
x Independent Contractors
x Personal Injury
Marine
Personal Injury
$
Aviation
AUTOMOTIVE LIABILITY
. A
x❑ Comprehensive Form TRCAP180
4547 -85
1 -1 -86
Bodily Injury
(Each Person
$
FxJ Owned
$
Bodily Injury
Each Occurrence
❑x Hired
Pro ert Damage
j
❑x Non -owned
Bodily and
Property Damage
Combined
$1,000,
EXCESS LIABILITY
❑ Umbrella Form
Bodily Injury
❑ Other than Umbrella Form
and Property
Damage Combined
$
$
WORKERS' COMPENSATION SELF-INSURED
EMPLOYEand LIABILITY OF
CON
-CERT.
T,-,CERT.
C
BY STAT
0. 1130
VERAGE.
Statutor
Accident)
NUIE: the Comprehensive General Liability ana Automotive Liability policies are enaorsea I
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:
/attention: Public Works Department.
� / /� Agency: Travelers Indemnity Company
By: a
Aut 6tized Representative Ma
A. Roger Thomson Date Issu lledl
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:
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUC IO am 2496
Project Title and Contract NumberIAM
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 conaltlon or any contract or other aocument witn
respect to which this certificate or verification of insurance may be issued or may
pertain, the insurance afforded by the policies described herein is subject to all
the terms, exclusions and conditions of such policies, including attached endorsements.
• Page 14
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Bodily Injury and
Property Damage Liability, the City of Newport Beach, its officers and employees are
additional insureds but only with respect to liability for damages arising out of
the ownership, maintenance or use of automobiles (or autos) used by or on behalf of
the named insured in connection with the contract designated below. The insurance
extended by this endorsement to said additional insured does not apply to bodily
injury or property damage arising out of automobiles (1) owned by or registered in
the name of an additional insured, or (2) leased or rented by an additional insured,
or (3) operated by an additional insured. The insurance afforded the additional
named insured(s) shall apply as primary insurance and no other insurance maintained
by the City of Newport Beach will be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured
who is seeking coverage or against whom a claim is made or suit is brought,
except with respect to the limits of the Insurance Company's liability."
3. The limits of liability under this endorsement for the additional insureds named in
paragraph 1 of this endorsement shall be the limits indicated below for either Multi-
ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate
box.
( ) Multiple Limits --
Bodily Injury Liability $ each occurrence
Property Damage Liability $ each occurrence
(XX) Single Limit
Bodily Injury Liability $ 1,000,000. each occurrence
and
_ _.....__. .— proper -ty -- Damage . -Liabi I i.ty.- -- -. -___
Combined '
The limits of liability as stated in paragraph 3 of this endorsement shall not in-
crease the total liability of the Insurance Company for all damages as the result of
any one accident or occurrence in excess of the limits of Liability stated in the
policy as applicable to Automobile Liability Insurance.
4. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department.
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION
5. Designated Contract: PROGRAM P6
Project Title and Contract No.).
This endorsement is effective May 29. 1985 at 12:01 A.M. and forms a part of
Policy No.
Koppers Company, Inc. $ its Subsidiary
Named Insured Sully- Miller Contracting Company Endorsement No.
Name of Insurance Com an
P Y Travelers Tnd mniiK Company n�anv By 1. ll�
Authorized Ri6presentative
A. Roger Thomson
0 • 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 of the named insured in connection with the contract designated below or acts
and omissions of the City of Newport Beach in connection with its general supervision
of such operations. The insurance afforded said additional insured shall apply as
primary insurance and no other insurance maintained by the City of Newport Beach will
be called upon to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
Insurance Company's liability."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to
the terms, conditions and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision con-
tained in the written contract, designated below, between the named insured and the
City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU "hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured named in
paragraph I of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit, whichever is indicated by the letter X in the appropriate box.
( ) Multiple Limits
Bodily Injury Liability $ each occurrence
Property Damage Liability $ each occurrence
(XJ Single Limit
Bodily Injury Liability $ 1,000,000. each occurrence
and
Property Damage Liability
Combined
The applicable limit of the Insurance Company's liability for the insurance afforded
for contractual liability shall be reduced by any amount paid as damages under this
endorsement in behalf of the additional insureds.
The limits of liability as stated in this endorsement shall not increase the total
liability of the Insurance Company for all damagesas the result of any one occurrence
in excess of the limits of liability stated in the policy as applicable to Comprehen-
sive General Liability Insurance.
6. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION
7. Designated Contract: pgOGgA 96
Project Title and Contract No.
This endorsement is effective May 29, 1985 at 12:01 A.M. and forms a part of
Policy No. TRSLG18OT4523 -85
Koppers company, Inc. $ its Subsidiary
Named Insured Sully- Miller Contracting Company
ndorsement No.
Name of Insurance Company Travelers Indemnity Compa$y 0
Authorized R resentative
A. Roger Thomson
0 • Page 16
CONTRACT.
THIS AGREEMENT, entered into this , day of Ccs2�- 19 �J ,
by and between the CITY OF NEWPORT BEACH, hereinafter "Ci ,' and
SIIIIY- MTIIFR EONTRACTTNG COMPANY , hereinafter "Con ractor,
"is made with
reference to the following facts:
(a) City has heretofore advertised for bids for the following
described public work:
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION 2496
Title of Project PRUORAM Contract No.
(b) Contractor has been determined by City to be the lowest responsi-
ble bidder on said public work, and Contractor's bid, and the compensation set
forth in this contract, is based upon a careful examination of all plans and
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of the work
for the construction of the following described public work:
1924-A5 STREET G AND RECONSTRUCTION 2496
Tit e of Project PROGRAM Contract No.
which project is more fully described in the contract documents. Contractor
shall perform and complete this work in a good and workmanlike manner, and in
accordance with all of the contract documents.
2. As full compensation for the performance and completion of this
work as prescribed above, City shall pay to Contractor the sum of TWO HUNDRED
TWO DOLLARS AND 1 ($ 217 132.00 )•
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 arid 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)
0
0
Page 17
(f) Plans and Special Provisions for 19,94 -P,F STRFFT ANn ALLEY
R SIIRFACTN, AND RECONSTRUCTION PROGRAM 2496
Title of Project Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, and indemnify and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximiately caused by the sole
negligence of City or its officers, employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
By &dd� 1
Mayo -PRo -1-em
CITY
SOLI Y -MTI I FR CONTRACTING COMPANY
Contractor
BY
Its R.K. MacGregor,---/President
B.
Y
Its ran E. Holland - Asst. Secretary
CONTRACTOR
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
TO
SPECIAL PROVISIONS
FOR
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION
PROGRAM
CONTRACT NO. 2496
SECTION
PAGE
I.
SCOPE OF WORK . . . . . . . . . . . . . . . .
. 1
II.
COMPLETION, SCHEDULE, AND PROSECUTION OF WORK. 1
III.
PAYMENT . . . . . . . . . . . . . . . . . . .
. 2
IV.
WATER . . . . . . . . . . . . . . . . . . . .
. 3
V.
PUBLIC CONVENIENCE AND TRAFFIC CONTROL . . .
. 3
A. Traffic Control Plans. . . . . . . . . .
. 3
B. "NO PARKING, TOW- AWAY" Signs . . . . . .
. 3
C. Notification to Residents. . . . . . . .
. 4
VI.
CONSTRUCTION SURVEY STAKING. . . . . . . . .
. 4
VII.
CONSTRUCTION DETAILS . . . . . . . . . . . .
. 4
A. Removals, Excavation and Subgrade
Preparation . . . . . . . . . . . . . . .
. 4
B. Asphalt Concrete . . . . . . . . . . . .
. 4
C. Portland Cement Concrete . . . . . . . .
. 5
D. Utility Adjustments. . . . . . . . . . .
. 5
E. Traffic Striping and Pavement Marking. .
. 5
F. Traffic Signal Detection . . . . . . . .
. 6
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
40 SP 1 of 6
1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM
CONTRACT NO. 2496
I. SCOPE OF WORK
The work to be done under this contract consists of (1) reconstructing P.C.C.
improvements; sidewalk, driveway, alley approach, curb and gutter; (2)
reconstructing alley and street pavement; (3) constructing asphalt concrete
overlay; (4) adjusting existing utility frames and covers to finish grade; and
(5) restriping and performing other incidental items of work as necessary to
complete the work in place.
All work necessary for the proper completion of the contemplated improvements
shall be done in accordance with (1) these Special Provisions, (2) the Plans
(Drawing Nos. R- 5510 -S, R- 5514 -L (attached), R- 5515 -L (attached), T- 5350 -S,
T- 5358 -S), and T- 5360 -S, (3) the City's Standard Special Provisions and Standard
Drawings for Public Works Construction, 1982 Edition), and (4) the Standard
Specifications for Public Works Construction (1982 Edition), including supple-
ments to date. Copies of the City's Standard Special Provisions and Standard
Drawings may be purchased at the Public Works Department for Five Dollars ($5).
II. COMPLETION, SCHEDULE, AND PROSECUTION OF WO
The Contractor shall submit to the Engineer a written construction schedule for
approval three (3) working days prior to pre -job meeting and shall incorporate
the following requirements:
A. All work under this contract shall be completed by August 2, 1985.
B. All work on 32nd Street and in Newport Shores Tract shall be completed by
June 21, 1985.
C. The Contractor shall complete
secutive days after beginning
herein shall include all remo
tion of pavement, approaches,
included within the specified
improvements.
all work at each site within sixteen (16) con -
work at that site. The term "work" as used
✓als, adjustments, replacements, and construc-
curb and gutter, driveways, and sidewalk. Also
period is curing time for the new P.C.C.
In summary, this means that each site shall be returned to normal vehicular
use within sixteen (16) consecutive calendar days from the day it is first
closed to such use. The Contractor must employ sufficient men and equipment
to meet this schedule. If it becomes apparent during the course of the work
• . SP2of6
that the Contractor will not be able to meet this schedule, he will be prohi-
bited from starting additional work until he has exerted extra effort to meet
his original schedule and he has demonstrated that he will be able to main-
tain his approved schedule in the future. Such stoppages of work shall in no
way relieve the Contractor from his overall time of completion requirement,
nor shall it be construed as the basis for payment of extra work because
additional men and equipment were required on the job.
The Contractor will be assessed $100 per day (including Saturdays, Sundays,
and holidays) liquidated damages for each day in excess of the sixteen (16)
consecutive days allowed for 100% completion of the construction work at each
site. Additional liquidated damages, as covered in Section 6 -9 of the
Standard Specifications, shall be assessed for failure to complete the pro-
ject within the specified time.
The intent of this section of the Special Provisions is to emphasize to the
Contractor the importance of prosecuting work at each site in an orderly,
pre - planned, continuous fashion, so as to minimize the time of closure to
vehicular traffic.
D. To provide for residential parking when resurfacing the streets in Newport
Shores, an adjacent or nearby cross street shall remain open. In addition,
the Contractor shall accommodate the City's street sweeping schedule and
the Tuesday trash collection in Newport Shores and Park Lido Tract. If the
Contractor elects to resurface on street sweeping /trash collection days, it
shall be his responsibility to make arrangements by contacting the City's
Field Operation Superintendent, Mr. Merle Milne, at (714) 644 -3060. In addi-
tion, the Contractor shall provide covers, and cover and uncover the
City's designated "NO PARKING" signs to allow residential parking
adjacent to streets being resurfaced during street sweeping days.
E. Traffic lane closures in Dove Street and Quail Street shall be done on
Saturdays and Sundays only (see T- 5360 -S). Both streets shall not be closed
concurrently.
The Contractor shall notify the Newport Beach Police Department Watch
Commander at least 48 hours in advance of closing Dove Street or Quail Street
so that the Police Department can place the appropriate traffic signal on
"flash" until the street is re- opened to traffic.
F. The Contractor shall cooperate with the City's Parks, Beaches, and Recreation
Department for placement of root barriers on Dove Street. Root barriers will
be provided and installed by the City. The Contractor is responsible for
removal of tree roots which interfere with the work. If the Contractor
elects to request City's forces to root prune free of charge, it shall
be his responsibility to make arrangements by contacting the City's Parks,
Beaches, and Recreation Superintendent, Mr. Jack Brooks, at (714) 644 -3162.
III. PAYMENT
The unit or lump sum price bid for each item of work shown on the Proposal shall
be considered as full compensation for all labor, equipment, materials and all
other things necessary to complete the work in place, and no additional allowance
will be made therefor.
9 • SP3of6
Payment for incidental items of work not separately provided for in the
Proposal shall be included in the unit price bid for each item of work.
The substitution of securities for any payment withheld in accordance with
Section 9 -3.2 of the Standard Specifications is permitted pursuant to Government
Code Sections 4590 and 14402 -5.
IV. WATER
If the Contractor elects to use City's water, he shall arrange for a meter and
tender a $500 meter deposit with the City. Upon return of the meter in good con-
dition to the City, the deposit will be returned to Contractor, less a quantity
charge for water usage.
V. PUBLIC CONVENIENCE AND TRAFFIC CONTROL
The Contractor shall provide traffic control and access in accordance with
Section 7 -10 of the Standard Specifications except as modified herein, and with
the standards contained in the Work Area Traffic Control Handbook (WATCH), also
published by Building News, Inc.
A. Traffic Control Plans
The Contractor shall submit written traffic control plans to the Engineer and
obtain his approval a minimum of five (5) working days prior to commencing
any work.
The plans shall incorporate the following:
1. The location and wording of all signs, barricades, delineators, lights,
warning devices, temporary parking restrictions, and any other details
required to assure that all traffic will be handled in a safe and effi-
cient manner with a minimum of inconvenience to the motorists.
2. A complete and separate plan for each stage and phase of construction
proposed by the Contractor showing all items listed under 1. above.
3. Traffic lane closures in Dove Street and Quail Street will be permitted
on Saturdays and Sundays only (see T- 5360 -S).
B. "NO PARKING. TOW- AWAY" Si
Where any restrictions herein mentioned necessitate temporary prohibition of
parking during construction, the Contractor shall furnish, install, and main-
tain in place "NO PARKING, TOW- AWAY" signs (even if streets have posted "NO
PARKING" signs) which he shall post at least forty (40) hours in advance of
the need for enforcement. In addition, it shall be the Contractor's respon-
sibility to notify the City's Police Department, Traffic Division, at (714)
644 -3740, for verification of posting at least 40 hours in advance of the
need of enforcement.
The signs shall (1) be made of white card stock; (2) have minimum dimensions
of 12 inches wide and 18 inches high; and (3) be similar in design and color
to sign number R -38 of the CalTrans Uniform Sign Chart, or equally approved
signs manufactured by "Signal Flash" of Anaheim, (714) 871 -2224.
The Contractor shall print the hours, days and date of closure in 2- inch -high
letters and numbers. A sample of the completed sign shall be approved by the
Engineer prior to posting.
• SP4of 6
C. Notification to Residents
Between 48 and 55 hours before closing a section of street or alley or
restricting vehicular access to garages or parking spaces, the Contractor
shall distribute to each affected address a written notice stating when
construction operations will start and approximately when vehicular accessi-
bility will be restored. The written notices will be prepared by the
Engineer. The Contractor shall insert the applicable dates and time at the
time he distributes the notices. Errors in distribution, false starts, acts
of God, strikes or other alterations of the schedule will require Contractor
renotification using an explanatory letter furnished by the Engineer.
VI. CONSTRUCTION SURVEY STAKING
Field staking for control of construction will be provided by the Engineer.
VII. CONSTRUCTION DETAILS
A. Removals, Excavation and Subgrade Preparation
Alley -- Existing P.C.C. /A.C. improvements to be removed shall be sawcut at
minimum two (2) inches deep along property lines and joint lines as shown
on the plans. Final removal at the sawcut lines may be accomplished by the
use of jackhammers or sledgehammers. It is emphasized that final removal
accomplished by other means will not be acceptable, and hard -blow pavement
breakers, such as stompers, will not be permitted on the job.
B. Asphalt Concrete
The work shall be done in accordance with Section 302 -5 and 400 -4 of the
Standard Specifications, except as modified and supplemented below:
The Contractor shall apply tack coat to all A.C. work.
1. Street Reconstruction - -Type III -B2 with 5.4 percent AR 4000 paving
asphalt shall be used in the base course for pavement reconstruction.
The Contractor shall construct the base course (A.C. or A.C. /A.B.) flush
with existing pavement.
Sawcutting, demolition, excavation, subgrade preparation, A.C., A.B.,
and tack coat shall be included in the item for "Reconstruct existing
A.C. pavement. . ."
2. Asphalt Concrete Overlay - -The finished course shall be Type III -C3 with
5.8 percent AR 4000 paving asphalt. The Contractor shall feather a mini-
mum of five (5) feet joining existing pavement.
The surface shall be free of all dirt, debris, water, and vegetation
prior to overlay.
• . SP 5 of 6
C. Portland Cement Concrete
Overhead screeds will be required on the alley pavement.
A 12- inch -wide smooth trowel surface shall b constructed along the flow line
(center line) of alley. The remainder of the alley surface shall be medium
broom finished.
All sidewalk or drive approaches that extend beyond the street or alley right
of way shall have a cold joint or if placed monolithic, a minimum 2 -inch deep
sawcut within 24 hours at the right of way line.
Concrete improvements shall be constructed with Class 560 -C -3250 concrete.
Exposed concrete surface shall conform in grade, dimension, color, and finish
to adjoining P.C.C. improvements. All P.C.C. improvements shall be
constructed prior to A.C. overlay.
Item of work for "Reconstruct alley Approach" shall also include curb return.
D. Utility Adjustments
The Contractor shall adjust to finished grade all sewer manholes, sewer
cleanouts, water valves covers, storm drain manholes, monuments and water
meter boxes. Utility adjustments shall conform to City of Newport Beach
Standard Drawing Nos. Std.- 111 -L, Std. - 116 -L, and Std.- 511 -L. All water
valves, sewer cleanouts, survey monument and and water meter frames and
covers damaged or damaged during adjustment operations will be replaced
by the Contractor at his expense. The Contractor shall be responsible
for any damages to all other existing utilities resulting from his
operations.
E. Traffic Striping and Pavement Marking
This item of work shall be done in accordance with Section 210 -1.6
"Paint for Traffic Striping, Pavement Marking and Curb Markings," of the
Standard Specifications, except as supplemented or modified below:
Paint for traffic striping and pavement markings shall
be white Formula Number 42A9 and yellow Formula Number
1040A9 as manufactured by J. E. Bauer Company or approved
equal.
Delete paragraph 1 of Subsection 310 -5.6.7 "Layout, Alignment, and
Spotting" of the Standard Specifications for Public Works Construc-
tion and add the following:
The Contractor shall establish control points, and
perform all layout, alignment and spotting. The
Contractor shall be responsible for the completeness
and accuracy of all layout alignment and spotting.
Traffic striping shall not vary more than 1/2 inch
in 40 feet from the alignment shown in the plans.
The Contractor shall mark or otherwise delineate
the new traffic lanes and pavement markings within
24 hours after the removal /covering of the existing
striping and markings. No street shall be without
the proper striping over a weekend.
• SP6of6
Raised pavement markers for location of fire hydrants shall conform
to C.N.B. STD - 902 -L.
Pavement -- All work, materials, labor, etc., relating to traffic
stripes, pavement markings, and raised pavement markers for removal,
painting, and re- painting as shown on the plans, shall be included
in the "Lump Sum" bid.
F. Traffic Signal Detection
The Contractor shall notify the Traffic Engineer (644 -3344) at least two
working days prior to performing any work which may damage existing
traffic signal detection devices.
Traffic detection loops removed or damaged as a result of pavement re-
construction shall be replaced or repaired by the City.
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BACKBAY DR. AT EASTBLUFF DR
C- 2496
REF. TRACT 7176 SHEET NO. /
DRAWN 4ZIZ DATE APRIL 7985
NWRWED / F7 17
►URIC WOM(8 DIRECTOR
R.E. NO. 12806
DRAWING NO. R- 5514 -L
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® /ND/CATES 5U 06RADE ,SHAG eE Rf pwRED
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C01VSTQUC;r10 1 A107 -ZS
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FL40'J7.'lP ?040, 414AW AFL ;, F- OTQ /CC Q4140 of N /Ltl Q/4 WAY
CITY OF NEWPORT BEACH DRAWN Aziz DATE 4 -17 "� 5
PUBLIC WORKS DEPARTMENT �7
FL ACSN/P RD., DANA RD., ETC. PUBLIC WORKRE R e� C
RES URFAC/NG DRAWING NO.
co/vsT,QucT/oAj COTES
0 REMOVE EXISTING STREET SECTION, EXCAVATE, PREPARE SUBGRADE AND CONSTRUCT A.C.
BASE COURSE OR A.C. BASE COURSE OVER A.B. FLUSH WITH ADJACENT PAVEMENT AS
SHOWN PER RESPECTIVE TYPICAL SECTION.
(�8 CONSTRUCT 1" THICK A.C. OVERLAY PER RESPECTIVE TYPICAL SECTION.
QADJUST EXISTING UTILITIES: WATER VALVES, SEWER CLEANOUTS, MONUMENTS, SEWER
MANHOLES, AND STORM DRAIN MANHOLE COVERS TO FINISHED GRADE PER APPLICABLE
C.N.B. STD. - 111 -L, C.N.B. STD. - 116 -L, AND C.N.B. STD. - 511 -L.
10 PROVIDE AND INSTALL FIRE HYDRANT PAVEMENT MARKERS AFTER A.C. OVERLAY PER
C.N.B. STD.- 902 -L.
it REMOVE EXISTING P.C.C. CURB AND GUTTER AND REPLACE WITH TYPE "A" CURB
(6" CURB FACE) AND GUTTER PER C.N.B. STD.- 182 -L.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
,=L.4 G SHIP APD, DANA! RO, ETC.
,QEBUFAcllu &
APPROVED
c- 94.95
DATE
PUBLIC WORKS DIRECTOR
R.E. NO. 2B
DRAWING NO. ,Q- 55/5 -L
• 0 May 28, 1985
CITY COUNCIL AGENDA
BY THE CITY COUNCIL ITEM NO. F -3(a)
CITY Of NEWPORT BEACH
• T0: CITY COUNCIL
MAY 2 81 °0;
FROM: Public Works Department
APPR ®VTP
SUBJECT: 1984 -85 STREET AND ALLEY RESURFACING AND NSTRUCTION PROGRAM
(C -2496)
RECOMMENDATIONS:
1. Approve an additional area of resurfacing.
2. Award Contract No 2496 to Sully- Miller Contracting Co.
for the total price of $217,132 and authorize the Mayor
and the City Clerk to execute the contract.
DISCUSSION:
At 11:00 A.M. on May 15, 1985, the City Clerk opened and read the
following bids for this project:
Bidder Total Price
• Low Sully- Miller Contracting Co. $218,532.00*
2. Walsh Engineering Co. $223,846.40
3. Griffith Co. $238,935.00
*Corrected total price, based on extension of unit prices;
is $217,132.
Subsequent to preparation of the April 2, 1985 Council memo for
approval of the project, staff added the resurfacing of the Dana Road /Flagship
Road area (see attached exhibit). The area had been inadvertently omitted from
the contract. The estimated cost of resurfacing the additional area is $35,000,
thus bringing the revised Engineer's estimate to $225,000.
The low corrected total price is 3.5% lower than the revised
Engineer's estimate.
Sufficient funds are available in the Street and Alley Resurfacing and
Reconstruction Program, Account No. 02- 3384 -015, to award the revised contract.
The work is part of a continuing street maintenance program and will provide a
smooth - riding surface with an adequate structural section for present and future
• traffic demands.
The low bidder, Sully- Miller Contracting Co., has successfully
completed similar work for the City in the past.
The plans and specifications were prepared by the Public Works
Department. The estimated date of completion is August 2, 1985.
Benjamin B. Nolan
Public Works Director
GW:jd
CITY OF
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LOCATION MAP
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CITY OF NEWPORT BEACH DRAWN Azi7 DATE
PUBLIC WORKS DEPARTMENT APPROVED
1984 - 85 STREET � AL LEY PUBLIC WORKS
IRESURFAC /NG 0R6- CONSTRUCTION DRAWING NO. EXH/B�T
CJ
TO: CITY COUNCIL
FROM: Public Works Department
0
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
APR 22?985
APPa oy,,',a)
April 22, 1985
CITY COUNCIL AGENDA
ITEM NO. F -16
SUBJECT: 1984 -85 STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM, C -2496
RECOMMENDATIONS:
Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to be opened at
11:00 a.m. on May 15, 1985.
DISCUSSION:
This project provides for pavement resurfacing and reconstruction and
reconstruction of certain curbs and walkways along (1) Dove Street and Quail
Street between Campus Drive and Birch Street, (2) 32nd Street between Ocean Front
40 and Seashore Drive, (3) the alley north of Balboa Boulevard between H Street and
I Street, and (4) the streets of Newport Shores. The work is part of a continuing
street maintenance program and will provide a smooth - riding surface with an ade-
quate structural section for present and future traffic demands.
The estimated cost of the work is $190,000. Funds are available in the
current annual Street and Alley Resurfacing and Reconstruction Program, Account
No. 02- 3384 -015.
The plans and specifications were prepared by the Public Works Department.
The estimated date of completion is August 2, 1985.
Benjamin B. Nolan
Public Works Director
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CITY OF NEWPORT BEACH DRAWN. wiz DATE
PUBLIC WORKS DEPARTMENT APPROVED
1984 - 85 STREET 0,41- LEY PUBLIC WORKS DIRECTOR
R.E. N0.
RESURFACING' t ReC01V.5T1?UC7-10N DRAWING NO. EX141461 T
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CITY OF NEWPORT BEACH DRAWN. wiz DATE
PUBLIC WORKS DEPARTMENT APPROVED
1984 - 85 STREET 0,41- LEY PUBLIC WORKS DIRECTOR
R.E. N0.
RESURFACING' t ReC01V.5T1?UC7-10N DRAWING NO. EX141461 T
tTH E NEWPORT ENSIGN
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Orange
I am a citizen ci tee Umted States and a resident of the
Countv aferesald: I am over -ce aoe of eighteen vears
and not a par',: to or interested ;n [`.e above entitled
matter. I am the principal cierk of '::e printer of the
Newport Harbor Ensign newspaper of ceneral circula-
tion, printed and published weekly in the city cf
Newport Beach, Count, sf Orange, and which news-
paper has been adjudged a newspaper of genera;
circulation by the Sunercr 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 nonpareiii has been published in each
regular and entire issue of said newspaper and not Sn
any supplement thereof cn the follo-�ving dales to -wit:
I certify !or declarei under penalty of perjury that the
foregoing is true and correct Dated at Newcoa
Beach, California, this payof . 19
Sig alure
THE NEWPORT ENSIGN
10 ~A
This space is for the County Clerk'�ingaStamp
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk, 3300 New.
port BOUlevald, P.O. Box 1768, Newport Beach, CA 92658.8915 un81 11:00
A.M. on the 15th day of May, 1985, at which time such bids shall be open.
ed and read for
1884 -95 STREET AND ALLEY RESURFACING
AND RECONSTRUCTION PROGRAM
Title of Project
2488
Contract No.
$225A88 .
Enyiaeer's EjUxuaM
Approved by the City Council
thin 22nd day of April, 1985
Wanda E. Raygio .
(Sty Clerk
Pro peau'. hidden may obtain can set of bid document, at no cot at
the office of the Public Works Department, 33M Newport Boulevard, P.O.
Be- 1768, Newport Beach, CA 92856.8.915.
For further information, call Gomal Wong Project Mtmapex at aw
3311. �� s
6/25
oK�d j� 1#PROOF OF PUBLICATION tl (