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C-2502 - 1985-86 Street & Alley Resurfacing and Reconstruction Program
6 �F o�r�EarPOR e CITY OF NEWPORT BEACH n 4 `T�CgC /Fa March 3, 1987 Flaming Engineering, Inc. 8281 Cmnonwealth Ave. Buena Park, CA 90621 Subject: Surety: Insurance Company of the West Bonds No. 13 65 02 Contract No.: C -2502 Project: Street and Alley Resurfacing and Reconstruction Program The City Council of Newport Beach on January 26, 1987 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 in accordance with applicable sections of the Civil Code. The Notice was recorded by the Orange County Recorder on January 30, 1987, Reference No. 87- 055310. Sincerely, Wanda E. Raggio0 City Clerk WER:pm cc: Public Works Departmnt City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 !.LEASE RETURN TO: 877055310 City Clerk �-' , 2 �v. . EXEMPT RECORDING REQUEST P City of Newp rt Be ch 3300 Newport Blvd. GOVERNMENT CODE 6103 Newport Beach, CA 92663 -3884 NO MUMMER NOTICE OF COMPLETION PUBLIC WORKS RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA 1244 PM JAN 30 '87 EXEMPT C16 1 o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on the Public Works project consisting of Street and Program (C -2502) 26, 1987 Resurfacing and Reconstruction on which Fleming Engineering Inc., 8281 Commonwealth Ave., Buena Park, CA 90621 was the contractor, and Insurance Company of the West, P.O. Box 2039, Tustin, CA 92681 was the surety, was completed. rsigned, say: VERIFICATION CIT` /PORT BEACH i Public Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 28, 1987 at Newport Beach, California. r Public corks 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 January 26, 1987 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 January 28, 1987 at Newport Beach, California. — //)� �' 4 4 - z 4 2 7z' City Clerk I CITI*OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 January 28, 1987 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following docmnent for recordation and return to the above -nand office: Street and Alley Resurfacing and Reconstruction Program (C- 2502). Sincerely, Wanda E. Rag . City Clerk 3300 Newport Boulevard, Newport Beach . L"! ME- C,a COWanuary 26, 1987 CITY OF NF''`Pn'RT RFMlY COUNCIL AGENDA ITEM NO. F -14 TO: CITY COUNCIL SAN 2,; :i • FROM: Public Works Department APPROVED.____. SUBJECT: STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM (C -2502) RECOMMENDATION: 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 recorded in accordance with applicable sections of the Civil Code. DISCUSSION: The contract for the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $465,908.65 Amount of unit price items constructed $502,463.61 Amount of change orders $ 12,647.04 Total contract cost $515,110.65 • Funds were budgeted in the General Fund (Account Numbers 02- 3397 -364, 02- 3385 -015, 02- 3397 -183, and 02- 3485 -053), State Gas Tax Fund (Account Number 24- 3397 -001), and the Contributions Fund (Account Number 25- 3397 -014). The increase in the amount of unit price items constructed was due primarily to the additional aggregate base placed in the over - excavated wet areas of the alleys and an extension of the resurfacing on Lafayette Avenue. Five change orders were issued which provided for: 1. Exploratory excavation to locate sewer laterals in Lafayette at 28th street amounted to $2,302.58. 2. Removal of concrete pavement under existing asphalt in 28th Street amounted to $1,725.58. 3. A removal of wet, spongy ground in the four Newport Heights alleys amounted to $3,994.52. 4. Removal of additional pavement in Beacon and Catalina Street amounted to $1,034.94. 5. Miscellaneous mo > ications to accommodate the existing • improvements in China Cove amounted to $3,589.42. The contractor is Fleming Engineering, Incorporated of Buena Park, California. The contract date of completion was this project was delayed by the extra work with September 2, 1986. �. G B� Benj min B. Nolan Public Works Director PD /bjm August 1, 1986. Completion of all work being completed on * • TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK CITY OF NEWPORT BEACH DATE: April 25, 1986 SUBJECT: Contract No. C -2502 OFFICE OF THE CITY CLERK (714) 640 -2251 L « V /a.s'Igz Description of Contract Street and Alley Resurfacing and Reconstruction Program Effective date of Contract April 25, 1986 Authorized by Minute Action, approved on April 14, 1986 Contract with Fleming Engineering Inc. Address 8281 Commonwealth Ave. Buena Park, CA 90621 Amount of Contract $465.908.65 Wanda E. Andersen City Clerk WEA :It attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 TO: CITY CLERK FROM: Public Works Department 0 April 24, 1986 SUBJECT: STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM, 1985 -86 C -2502 Attached are four copies of the subject contract documents. Please have executed on behalf of the City, retain your copy and the insurance certificates, and return the remaining copies to this department. Gilbert Wong Project Engineer GW:em Att: 9 NOTICE INVITING BIDS C-1 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 4th day of April 1986, at which time such bids shall be opened and read for STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM Title of Project 2502 Contract No. $445,000 with additional bid items Engineers Estimate O / Approved by the City Council this 10th day of March , 1986. Wanda E. Raggio City Clerk 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 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 0 STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM CONTRACT NO. 2502 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: PR 1.1 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. 2502 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 NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 1. Lump Sum Mobilization One Hundred Forty -five Thousand @ One Hundred Eighty -eight Dollars and No Cents $ 145188 00 Per Lump Sum 2. 2,200 Construct crushed aggregate base Tons @ Thirtpen Dollars and Twanty five Cents $-1.3-2.s $ 79„Lj0.00 Per Ton 3. 13,171 Construct 6" P.C.C. pavement `square Feet @ Two Dollars _ and Cents $ 2.90 $ 38,195.90 er qua a oot �j A 4- . na 0.-,I O -1 a O 3 7 O 3 y r <n ti a sJ•u0=r B d N O +0 £•F'N E 7 t•' (D .0 d N S S C Z N fD P fp -7 - S S D O cl O N O N �a3 <ct N 0 a -i o S n o< 3 o . N a + a O o0•a< 7 O 0 n N O o in 7 O O D O Z N fi C* h S = 0 O O O fD d a n Q. (D c n 0 o o n ON <�-r vOi C++ w c o anrrom >> aw n d N m m a o 0 _ (n o J N Cf' C* fD C S n � p 0 O = OJ a �. 0fl,r s n vv tr x �m J•0 k - o o z --h :E m� n r+ r+ a o S S n d n ro N N O C -5 n � S • • PR 1.2 ITEM QUANTITY ITEM DES RIPTI N UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 2,000 Construct 4" A.C. pavement Tons @ Thirty -nine Dollars and No Cents $ 39.00 $ 78,000.00 Per Ton 5. 100 Construct 1" A.C. overlay Tons @ Thirty -nine Dollars and No Cents $ 39.00 $ 3,900.00 Per Ton 6. 6 Remove existing P.C.C. alley approach Each and construct P.C.C. alley approach @ One Thousand Three Hundred Fifty Dollars and No Cents $ 1,350.00 $ 8,100.00 Each 7. 2 Construct P.C.C. cross gutter Each @ Two Thousand Three Hundred Twenty Dollars and No Cents $ 2,320.00 $ 4,640.00 8, 6 Furnish and replace sewer manhole frame Each and cover @ Four Hundred Ninety -five Dollars and No Cents $ 495.00 $ 2,970.00 Each 9. 4 Furnish and replace sewer main cleanout Each frame and cover @ Three Hundred Fifty Dollars and No Cents $ 350.00 $ 1,400.00 Each • . PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 9 Adjust existing manhole frame and Each cover to finish grade @ Two hundred Fifty Dollars and No Cents $ 250.00 $ 2,250.00 Each 11. 130 Adjust existing water meter boxes Each @ Ninety -five Dollars and No Cents $ 95.00 $ 12,350.00 12. 17 Adjust existing water valve, sewer Each lateral cleanout, and survey monument frame and cover @ One Hundred Sixty Dollars and No Cents $ 160.00 $ 2,720.00 Each 13. 3,793 Construct 4' P.C.C. strip gutter Lineal Feet @ Thirteen Dollars and Twent -five Cents $ 13.25 $ 50,257.25 Per Linea Foot 14. Lump Sum Abandon existing grate inlets and 12" Diameter C.M.P. per Detail "D" @ Five Thousand Dollars and No Cents $ 5,000.00 Per Lump Sum 15. 35 Construct 12" diameter A.C.P. storm drain Lineal Feet @ One Hundred Dollars and No Cents $ 100.00 $ 3,500.00 Per Lineal Foot 16. 372 Construct 6' P.C.C. strip gutter Lineal Feet @ Eighteen Dollars and Seventy -five Cents $ 18.75 $ 6.975.00 Per Lineal Foot • • PR 1.4 I EM QUANTITY ITEM-DESCRIPTION UNI T TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 2 Construct P.C.C. inlet with traffic grate Each @ Fourteen hundred Dollars and No Cents $ 1,400.00 S__2,800.00 Each 18. 235 Construct P.C.C. curb (6" C.F.) Lineal Feet @ Eight Dollars and Sixty Cents $ 8.60 $ 2,021.00 Per Lineal Foot 19. 260 Construct.2' P.C.C. gutter Lineal Feet @ Seven Dollars and No Cents $ 7.00 $ 1,820.00 Per Lineal foot 20. 189 Construct 18" A.C.P storm drain Lineal Feet @ Seventy -five Dollars and No Cents $ 75.00 $ 14,175.00 Per Lineal Foot 21. 130 Construct Type "A" (6" C.F.) P.C.C. Lineal Feet curb and gutter @ Nine Dollars and Twenty -five Cents $ 9.25 $ 1,202.50 Per Lineal Foot 22. 425 Construct P.C.C. sidewalk Square Feet @ Two Dollars and No Cents $ 2.00 $ 850.00 Per Square Foot 23. 108 Construct P.C.C. driveway Square Feet @ Three Dollars and No Cents $ 3.00 $ 324.00 Per Square Foot 0 0 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 24. 2 Construct catch basin, L = 3.5' Each PR 1.5 @ Four Thousand Dollars and No Cents $ 4,000.00 $ 8,000.00 Each 25. 2 Construct P.C.C. local depression Each @ Nine Hundred Dollars and No Cents $ 900.00 $ 1,800.00 26. 1 Construct P.C.C. curb access ramp Each @ Two Hundred Dollars and No Cents $ 200.00 $ 200.00 Each 27. Lump Sum Construct 18" A.C.P. and 12" A.C.P. crossing @ Eight Thousand Dollars and No Cents $ 8,000.00 Per Lump Sum 28. 1 Encase existing storm drain pipe (Cove St.) Each @ Six Hundred Dollars and No Cents $ 600.00 $ 600.00 TOTAL PRICE (WITHOUT ADDITIONAL BID ITEMS) WRITTEN IN WORDS: eigght Fnur Hundred Thirty -six Thousand Three Hundred Eighty- bollars and Ciyf V -fi, /P Cents $ 436,388.65 • 0 PR 1.6 ** *ADDITIONAL BID ITEMS * ** ITEMS NOS. 29 thru 31 shall be bid by all bidders, added to the TOTAL PRICE (WITHOUT ADDITIONAL BID ITEMS), and entered below. The City of Newport Beach reserves the right to award Contract No. 2502 to the lowest responsible bidder for either TOTAL PRICE (WITHOUT ADDITIONAL BID ITEMS) written above or TOTAL PRICE (WITH ADDITIONAL BID ITEMS) entered below: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29. 240 Remove existing 8 -inch sanitary sewer Lineal Feet and construct new 8 -inch- diameter V.C.P. sewer main, including trench restoration @ Sixty Dollars and No Cents $ 60.00 $ 14,400.00 Per Lineal Foot 30. 140 Remove existing house connection and Lineal Feet construct new 4 -inch- diameter V.C.P. house connection, including trench and sidewalk restoration @ Fifty -eight Dollars and No Cents $ 58.00 $ 8,120.00 Per Lineal Foot 31. 7 Construct house connection cleanout @ One Thousand Dollars and No Cents $ 1,000.00 $ 7,000.00 Per Each TOTAL PRICE (WITH ADDITIONAL BID ITEMS) written in words: Four Hundred Sixty -five Thousand Nine Hundred Eight Dollars and Sixty -five Cents $ 465,908.65 April 4, 1986 FLEMING ENGINEERING INC. ate 1 er 714- 994 -3501 Bidder's Telephone Number S/David Garrett /V.Pres /Sects Au horized Signature /Tit e ��$g Commonwealth Ave.. Buena Park. CA 90621 Contractor's License No. & Classification Bldder's A dress CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 0 STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM, C -2502 BIDDERS shall propose to complete Contract No. 2502 in accordance with the Proposal as modified by the Addendum: Delete Paragraph 6 of Section VIII -B, page SP 6 of 6 and replace with the following: "If the Contractor desires to construct 6- inch -thick P.C.C. alley pavement in lieu of the specified 4 -inch A.C. /4" C.A.B. pavement with a 4- foot -wide P.C.C. strip gutter, he shall request such change in accordance with Section 3 -1.2 of the Standard Specifications for Public Works Construction." Please sign and date this Addendum and attach it to your Proposal. Your Proposal will not be considered unless this addendum is signed, dated and attached. Gilbert Wong Project Engineer FLEMING ENGINEERING INC. Bidder S /David Garrett V. Pres. Authorized Signature Tit e April 4. 1986 Date i • 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. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less that 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. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of 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. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Page 2 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 and omissionsin 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 sec.), 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 A Contr's Lic. No. & Classification FLEMING ENGINEERING INC. Bidder S /David Garrett /V. Pres /Betty Authorized Signature /Title • 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. Subcontract Work Subcontractor Address 1. Concrete Jaime's Concrete Azusa, CA 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. FLEMING ENGINEERING INC. Bidder S /David Garrett /V.Pres /Secty Authorized Signature /Title • FOR ORIGINAL SEE CITY CLERK'S•LE COPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, FLEMING ENGINEERING, INC. as bidder, and INSURANCE COMPANY OF THE WEST as Surety, are held and firmly bound unto the City of Newport Beach, Calfornia, in the sum of TEN PERCENT OF AMOUNT BID Bid Dollars ($ 100% of Amount ), 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 STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM 2502 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 to said City 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 contract documents for execution to the above bounden bidder by and from said City, 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 individual, 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 4th day of April 1986 . (Attach acknowledgement of Attorney -in -Fact) S /Charlsie O'Berry Notary Public Commission Expires: 7/1/88 FLEMING ENGINEERING. IN S /David Garrett /V.Pres /Secty Authorized Signature /Title INSURANCE COMPANY OF THE WEST Surety BY S /Ted E Adamson Title Attorney -in -Fact 0 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. FLEMING ENGINEERING INC. Bidder S /David Garrett /V.Pres /Secty Authorized Signature /Title Subscribed and sworn to before me this 4th day of April , 1986, My commission expires: April 27, 1988 S /Kathy J. Edmiston Notary Public Page 5 • FOR ORIGINAL SEE CITY CLERK'S •.E COPY Page 6 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, 1985 Swinerton & Walberg (Storm Drain) (213)338 -3900 1985 Kellogg Co., 9300 Flair Dr., El Monte, CA 1985 City of Glendale, 633 E. Broadway, Glendale, CA 1985 City of Fullerton, 303 W. Commonwealth Ave., Fullerton (Storm Drain; 1985 City of Irvine, P.O. Box 19575, Irvine, CA (Block wall) 1986 Citv of Santa Ana, 20 Civic Center Dr.. Santa Ana. CA (Grading) FLEMING ENGINEERING INC. uthiorized P Signature/ it e L7 NOTICE . Page 7 The following are 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 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) 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 submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided for all TYPES OF IN 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 edition adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. • • Page 8 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Bond No. 13 65 02 Amount $465,908.65 Premi= $ 5,032.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 14, 1986, has awarded to FLEMING ENGINEERING, INC. hereinafter designated as the "Principal ", a contract for STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM (C -2502) 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, or other supplies used in, upon, for, or about the performance 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 Flomin Enginaaring; Trn-_ Principal, zs as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Four Hnndrea 4ixt.V five Thousand Nlne Hundred Eight 65 100 Dollars ($465,908.65 ), said sum being equal to 100% of the estimated amount payable by the City of Newport 1Reach under the terms of the contract; for which payment well and truly to be made, we '4:d ourselves, our heirs, executors and administrators, successors, or assigns, jointly an,.reverally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or hi_ subcontractors, fail to pay for any materials, provisions, or other supplies, 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 Unemploy- ment 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. The 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 I! 2! $l! 7; l�2f 7 iE !` \ k r y ® r4 X # 12 i� - & ! r {§!, /jE . ( � § } \ \ • Payment Bond (Continued) 0 Page 9 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, thi instrument has been duly executed by the Principal and Surety above named, on the 14 day of April , 19 86 Pl�jn (Seal) Name of Contractor Principal or' i gnatui a ancj Ti tl e C c,ey 'C� "L e m "nj /Oress 'Ien Authorized Signature and Title Insurance Company of the West ,'(Seal) Name of Surety P.O. Box 2039 Tustin, CA 92681 - Address of Sur ignature and Title of uthori ent Ted E. Adamson (Attorney -in -fact) 285 IE rial Suite 104 Fullerton, CA Address of gent 92635 (714) 773 -4084 Telephone No. of Agent +/~ ° (2 (� \� - �� \ / _ ! ƒ ©` ^`2 } 89 3 0 ° Cb . ; 2 {% 2� 2 §! / }\ }. } \k _ Z w CD :0 = e CD (/= \{ »» co _ CL cl } /(' /( \ §\( ( ®C \ %,e % \° k\ ¢ / CD (7 } } CD 0 x G \f INSURACE COMPANY OF TH? WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: TED E. ADAMSON HOWARD SMITH its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 19TH DAY OF DECEMBER 1985 3tcbMPM,ycR INSURANCE COMPAN OF THE WEST 0 C�GPopNx� President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 19TH DAY OF DECEMBER lb9eNre the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY , President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution.of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that tine seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. L° J' av°. Av9P .5fb`4�'4fiiidS'.'L4�'S1bti�MM V Y � CinCt1,L SEAL GE NORMA PORTER NOTARY PUBLIC- CALIFURHIA Notary Public Riricipol ORxa in San Diego County fr lay Commission Exp. Jan. 8. 1988 R✓iLVVWWVW%%; - STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 14 Iday of April 19 86. ' 00 etary ICW CAL 37 (REV. 5/82) a FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Page 10 Bond No. 13 65 02 Amount $465,908.65 Praaium Included in Payment Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 14, 1986 has awarded to FLEMING ENGINEERING, INC. hereinafter designated as the "Principal ", a contract for STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM (C -2502) 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 Insurance Canpany of the west as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Sixty -five Thousand Nine Hundred Eight 65100 Dollars ($465,908.65 ), 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 - 9§ \� > \� / \ \^ § / \\ - ° !� : . ! rl : �) F � } /!� : ®� E\ ,_I2l 4 Faithful Performance Bond (Continued) to Page 11 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 14 day of April , 19--46_ Fleming Engineering, Inc. (Seal) Name of Contractor Principal) 5'M ure Title P/- mss, �ie'? r Authorized Signature and Title Tn9ir nc 6 CYmz nany cif the Weqt (Seal ) Name of Surety • Migfin, Calif- 926R1 Ted E. Adamson (Attorney -in -Fact) 285 Imperial Hwy., Suite 104, Fullerton, CA Address of Agent (714) 773 -4084 Telephone No. of Agent ' ` 2 2 ` ®r o _ ! ° - - � - ;��� cu / ƒa }) } }f 7 ` /� z f, Eo e mk ® \ - §� 7 }� / � r (\ CL0 00 z \ \5 \ aCL 0 to CL q() 2m _ ea 7= ƒ) k 0 . o Mcr { , (l }0 $ \\ / { ) _ . INSURANCE COMPANY OF THE N VEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: TED E. ADAMSON HOWARD SMITH its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 19TH DAY OF DECEMBER 1985 .�33 cPMPµYQr fNSURANCE COMPAN OF THE WEST N s y �AlffeHM� President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 19TH DAY OF DECEMBER I6Xre the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY , President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution.of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that tA'e seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. 1d°d'fd475.41L',FJ+eif 5fi iilhSPz�^/4AAl V YLS V Y � � ,� �"'- ' -�'r CfF;G1L SEAL -; �"- NORFJA PORTER �� "•''�� NOTpRY PUBLIC- CALIFORNIA `�- -qty _ ✓ Rincipel 0lfica in Sin Diego Caunty fAy Commistion E %D. lan, 8, 1988 .9db'd'x1LRi SAIYV L1r\ STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO Y" j " Notary Public I. the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this lq day of April 1986 - OC)ICW CAL 37 (REV. 5/82) 99atary City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED Fleming Engineering, Inc. on Buena Park •CERTIFICATE OF INSURANCE ` 'Page 12 INSURANCE COMPANIE' Company A NATION Letter Company B Letter Company C Letter Company D Letter Company E Letter INSURANCE COMPANY 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, attentpn: Public Works Department. By: o I CE/ /Gi ` Lam 1JAuthorized Representative Agency: NATIONWIDE INS COMPANY Date: 4 -17 -86 Telephone: 714 -532 -7421 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: STREET AND ALLEY RESURFACING AND RECONSTR I N P Project Title and Contract Number This certificate or verification of insurance is not an insurance policy ana aces 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. fl, Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. Ag . Products- LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form 004675 6 -30 -86 Bodily Injury $ $ A x Premises - Operations 002 Property Damage $ $ X Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ 500, $ 500, x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Personal Injury $ 500, Aviation AUTOMOTIVE LIABILITY A ❑x Comprehensive Form 004675 001 6-30-86 Bodily Injury (Each Person $ M Owned $ Bodily Injury (Each Occurrence Hired Property Damage 0 Non -owned Bodily Injury and Property Damage Combined $ 500, EXCESS LIABILITY A 0 Umbrella Form ❑ Other than Umbrella Form 004675 003 6-30-8E Bodily Injury and Property Damage Combined $1,000, $1,000, WORKERS' COMPENSATION Statutor A and EMPLOYER'S LIABILITY 004675 004 6 -30 -8 V1111111111A 100, ac 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, attentpn: Public Works Department. By: o I CE/ /Gi ` Lam 1JAuthorized Representative Agency: NATIONWIDE INS COMPANY Date: 4 -17 -86 Telephone: 714 -532 -7421 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: STREET AND ALLEY RESURFACING AND RECONSTR I N P Project Title and Contract Number This certificate or verification of insurance is not an insurance policy ana aces 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. fl, • • Page 13 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 Property Damage Liability ( X ) Single Limit Bodily Injury Liability and Property Damage Liability Combined E3 a 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 expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM C -2502 Project Title and Contract No.). This endorsement is effective Policy No. BAQ0467�,0001 Named Insured 4 -17 -86 at 12:01 A.M. and forms a part of No. Name of Insurance CompanyNAmTntwrnF Byr . _ • • Page 14 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 nold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability (X) Single Limit $ each occurrence $ each occurrence Bodily Injury Liability $ 500,000. 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 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: STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM C -2502 Project Title and Contract No. This endorsement is effective 4 -17 -86 at 12:01 A.M. and forms a part of Policy No. SM0046750002 Named Insured FLEMING ENGIN=NG INC. Name of Insurance Company NATIONWIDE MUTUAL INS CO By rsement No. ��� a(-,, 1� authorized Representative SANDRA M. ARCHER • • Page 15 CONTRACT THIS AGREEMENT, entered into this Z day of Z , 19 86, by and between the CITY OF NEWPORT BEACH, hereinafter "City and FLEMING�NGINEERING. INC. hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM 2502 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: STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM 2502 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 Four Hundred Sixty -five Thousand Nine Hundred Eiqht and 651100 Dollars ($ 465.908.65 )- 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 16 (f) Plans and Special Provisions for STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM 2502 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 Atto ne CITY OF NEWPORT BEACH FLEMING- ENGINEERING. INC. Na of Contractor (Principal) , ri ature Xfid Title Authorized Signature and Title CITY i n « t \ _ — �� \� / \ � (2k2 \$ e!!�! ( /2aJ( { § {0= wma z #_ ;0 2 \ kk k 2 g� k CL CA }z £ - / Z) L CD ƒ/ = ( /- CD cl CL (ty z` � 0 _ _ y � }/ ) )a Om ; / CD } 0 ¢ } } ,! CL 03 XM 0 2 \\OD ( . . D 9 P CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT i STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM CONTRACT NO. 2502 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . I II. TIME OF COMPLETION AND SCHEDULE OF WORK . . . . . . I III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 3 IV. STEEL PLATES . . . . . . . . . . . . . . . . . . . . . 3 V. WATER . . . . . . . . . . . . . . . . . . . . . . . . 3 VI. PUBLIC CONVENIENCE AND TRAFFIC CONTROL. . . . . . . . 3 A. Traffic Control Plans . . . . . . . . . . . . . . 3 B. "NO PARKING, TOW- AWAY" Signs. . . . . . . . . . . 4 C. Notification to Residents . . . . . . . . . . . . 4 D. Emergency Vehicles and Trash Collection . . . . . 4 E. Parking Meters and "No Parking" Signs . . . . . . 5 VII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 5 VIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . 5 A. Removals, Excavation and Subgrade Preparation . . 5 B. Portland Cement Concrete . . . . . . . . . . . . . 5 C. Asphalt Concrete . . . . . . . . . . . . . . . . . 6 D. Utility Adjustments . . . . . . . . . . . . . . . 6 E. Storm Drains and Sewers . . . . . . . . . . . . . 6 CITY OF NEWPORT BEACH SP 1 of 6 • PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS :. STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM CONTRACT NO. 2502 SCOPE OF WORK The work to be done under this contract consists of (1) constructing P.C.C. improvements: cross gutters, sidewalk, curb, gutter, catch basins, strip gutter, driveways, access ramp, and alley approaches; (2) reconstructing existing alley and street pavement; (3) con- structing storm drain and sanitary sewer systems; (4) constructing asphalt concrete overlay; (5) adjusting and replacing existing utility frames and covers; and (b) performing other incidental items of work as necessary to complete the work in place. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing Nos. A- 5114 -S, R- 5500 -S, and Resub. 770), (3) the City's Standard Special Provisions and Standard Drawin s for Public Works Construction 985 Edition an the tan ar Speci Nations tor Public Works Construction (1985 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. II. TIME OF COMPLETION AND SCHEDULE OF WORK No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit his proposed construction sche- dule per Standard Specifications Section 6 -1 and Standard Special Provisions Section 2 -1.4. The proposed construction schedule shall satisfy the following requirements: All work under this contract shall be completed by July 31, 1986. In China Cove, machinery and work shall not be started prior to 8:00 a.m., Mondays through Saturdays. Machinery shall be shut down and all work shall cease by 6:00 p.m. in China Cove. B. Alley 126 and Alley 127 -A,B shall not be closed to traffic concurrently. C. Alley 131 and Alley 132A shall not be closed to traffic concurrently. The Contractor shall reconstruct Alley 126 only upon completion of water main reconstruction in Alley 126. It shall be the Contractor's responsibility to coordinate his alley work with that of the water main contractor, George Dakovich & Son, Inc., at (213) 325 -2417, in complete conformance with the spirit and intent of Section 7 -7 of the Standard Specifications. J The order of work shall be as follows: Alley 245 -H 2. China Cove • SP2of6 All other alleys, except that work upon Alley 126 shall be coordinated as prescribed in Subsection II.0 above. F. The Contractor shall complete all work at each alley site within sixteen (16) consecutive days after beginning work at that site. The term "work" as used herein shall include all removals, adjust- ments, replacements, and construction of pavement, curb, curb and gutter, cross gutter and patchback. Also included within the spe- cified period is curing time for the new P.C.C. improvements. In summary, this means that each alley 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 shall therefore employ sufficient men and equipment to meet this sched- ule; otherwise, he will be prohibited from starting additional work until he has exerted extra effort to meet his original sche- dule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor will be assessed $100 per day (including Saturdays, Sundays, and holidays) liquidated damages for each day in excess of the sixteen (16) consecutive days allowed for 100% completion of the construction work at each alley site. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications, shall be assessed for failure to complete the project by July 31, 1986. The intent of this section of the Special Provisions is to empha- size to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to maximize access to dwellings for residents and emergency vehicles. For work in China Cove, substitute the words "twenty -three (23)" and "street" in place of the words "sixteen (16)" and "alley ", respectively, in Subsection II.F above. H. Work in China Cove shall be performed as follows: 1. Fernleaf Avenue shall remain open to two -way traffic at all times. 2. All work, including pick -up items and cleanup, shall be completed and streets completely reopened on one side of Fernleaf Avenue before the Contractor may proceed with any item of work on the other side of Fernleaf Avenue. • • SP3of6 3. The Contractor shall maintain a clean, 10 -foot minimum width of existing asphalt roadway or compacted crushed aggregate base for public use at all times except during his hours of work. 4. Vehicles which are necessary in the construction of an item of work may be situated in China Cove only during the construc- tion of that item. All other vehicles associated with the Contractor's work shall be parked legally elsewhere. 5. The Contractor shall install steel plates or other devices across uncured P.C.C. gutters and shall place temporary asphalt concrete or compacted aggregate base at the end of each work day such that emergency vehicles and residents will have access to all of China Cove and to their garages, respec- tively. (See Section IV regarding steel plates available from the City.) III. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal (i.e., removals, excavation, sawcutting, patchback, protect- ing property corners, etc.) shall be included in the unit price bid for each item of work. IV. STEEL PLATES The City can provide, free of charge, a limited quantity of 1" thick, 5' x 10' steel plates. These plates may be obtained from and shall be returned to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Gil Gomez at (714) 644 -3011. V. 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 condition to the City, the deposit will be returned to Contractor, less a quantity charge for water usage. VI. PUBLIC CONVENIENCE ANO TRAFFIC CONTROL A. Traffic Control Plans The Contractor shall submit to the Engineer traffic control plans which incorporate the following: 0 C . * SP4of6 1. The location and wording of all signs, barricades, delin- eators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the motorists. 2. A complete and separate plan for each phase of construction shown in the proposed construction schedule showing all items listed under 1. above. The traffic control plans shall be prepared in accordance with WATCH and Sections 2 -5.3 and 7 -10 of the Standard Specifications. No work shall begin until a schedule of work has been approved by the Engineer. "NO PARKING, TOW- AWAY" Signs Wherever the Contractor is permitted temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain 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 responsibility 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 simi- lar in design and color to sign number R -38 of the Cal Trans Uniform Sign Chart. 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. Notification to Residents Between 48 and 55 hours before closing a section of street or alley or restricting vehicular access to garages or parking spa- ces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility 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 distri- butes 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. D. Emergency Vehicles and Trash Collection The Contractor shall make every effort to provide access through the work area for emargencv vehicles and for weekly trash collections. If the Contractor's work will interfere with normal trash collection procedures Oany manner, he shall effect Anative procedures SP 5 of 6 with prior approval of the Engineer, and notify the affected resi- dents of the change in writing. E. Parking Meters and "No Parking" Signs The Contractor shall provide, install, and remove, at the appropriate times, covers or bags over City parking meters and "No Parking" signs, as directed by the Engineer, to allow unin- terrupted public parking along streets adjacent to streets and alleys under construction. VII. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California registered civil engineer or licensed surveyor. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally required by the complexity or grades of the work, or by the trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. If the Contractor disturbs a property corner, it shall be his respon- sibility to reinstall the property corner, and no additional allowance will be made therefor. VIII. CONSTRUCTION DETAILS A. Removals, Excavation and Subgrade Preparation Existing P.C.C. or A.C. improvements to be removed shall be sawcut at minimum two (2) inches deep along property lines and join lines as shown on the plans. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Final removal accomplished by other means, such as hard -blow pavement breakers and stompers, shall be approved by the Engineer. B. Portland Cement Concrete Overhead screeds will be required on all P.C.C. the alley construction. A 12- inch -wide smooth trowel surface shall be constructed along the flow line (center line) of alley. The remainder of the concrete 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 mono- lithic, 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, dimen- sion, color, and finish to adjoining P.C.C. improvements. The item of work for construction /reconstruction of P.C.C. cross gutters and P.C.C. alley approaches shall also include curb returns. The ContralOr may construct 6- inch -thick 0 C. alley pavement in SP 6 of 6 lieu of the specified 4 -inch A.C. /4" C.A.B. pavement with a 4- foot -wide P.C.C. strip gutter. C. Asphalt Concrete The work shall be done in accordance with Section 302 -5 and 400 -4 of the Standard Specifications, except as modified and supple- mented below: 1. The surface shall be free of all dirt, debris, water, and vegetation prior to overlay. 2. The Contractor shall apply tack coat to all A.C. work. 3. The asphalt concrete shall be III -C3 -AR -4000 with approxima- tely 5.8 percent paving asphalt. The Contractor shall feather a minimum of five (5) feet when joining existing pavement. D. Utility Adjustments 1. The Contractor shall adjust to finished grade all sewer man- holes sewer cleanouts, water valve 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 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. Damaged water meter boxes replacement will be supplied by the City. In addition, water meter boxes relocation will be done by the City. It shall be the Contractor's responsibility to contact the City's Utilities Superintendent Gil Gomez at (714) 644 -3011 regarding the water meter. 2. Grate Inlets - -The precast inlets shall be Brooks Products Inc. No. 2424 W/2 14 x 14 K -0 with traffic grate No. 2424 or approved equal. E. Storm Drains and Sewers 1. Storm Drain Pipe - -The pipe shall be ACP Class IV (3000 D) manufactured by J. M. A/C Pipe Corporation (formerly a divi- sion of Johns - Manville Sales Corporation) or approved equal. 2. Sewer Pipe - -Sewer pipe, house connections (H.C.) sewer cleanouts and fittings shall be extra strength vitrified clay pipe (V.C.P.). 3. House Connections - -New laterals shown on the plan shall be aligned perpendicular to the new sewer main unless otherwise shown on the plans. To accomplish this, the Contractor shall determine the exact location of existing H.C. at property lines prior to laying new pipe. The material and size of existing laterals at property lines may vary and shall be verified by the contractor at his own expense. 4. Cleanouts- -The Contractor shall furnish and install a sewer cleanout at each house connection lateral shown on the plans. BY THE CITY COUNCIL April 14, 1986 CITY Of NEWPORT BEACH CITY COUNCIL AGENDA APR 141986 ITEM NO. F -3(c) TO: CITY COUNCIL APPROVED FROM: Public Works Department SUBJECT: STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM (C -2502) RECOMMENDATIONS: 1. Waive the irregularity in the bid documents of Fleming Engineering, Inc. 2. Award Contract No. 2502, including additional bid items, to Fleming Engineering, Inc. for the total price of $465,908.65 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: •At 11:00 A.M. on April 4, 1986, the City Clerk opened and read the following bids for this project: Total Price Bidder (including additional bid items) Low Fleming Engineering, Inc., Buena Park $465,909.00* 2. Sully- Miller Co., Orange $472,670.50 ** 3. Nobest Inc., Westminster $477,867.95 4. Silveri & Le Bouef, Santa Ana $507,584.64 * Corrected Bid Total is $465,908.65 ** Corrected Bid Total is $472,670.10 The low bid is 4.7% above the revised Engineer's estimate of $445,000 (including additional bid items). The additional bid items provide for the replacement of an old concrete sewer main and laterals prior to reconstruction of the intersection of • Lafayette Avenue at 28th Street. The additional work was discovered subsequent to sending the project to City Council for approval to advertise. It added $20,000 to the original Engineer's estimate. April 7, 1986 Subject: Street and Alley Resurfacing and Reconstruction Program (C -2502) Page 2 The low bidder, Fleming Engineering, Inc., has successfully completed previous contract work for the City. A check with the State Contractor's License Board has indicated that Fleming Engineering, Inc., is in good standing and has no actions pending against his Contractor's license. Fleming Engineering, Inc., did not submit a fully executed addendum with his bid proposal as required by the addendum; however, he did submit the required addendum later that day. Staff recommends that this irregularity be waived as immaterial since the addendum was merely to clarify a statement in the Special Provisions and had no bearing on the bidding. This project provides for pavement resurfacing and reconstruction and sewer and drainage improvements on (1) various alleys throughout the City, (2) China Cove, and (3) 28th Street at Lafayette Avenue (see attached exhibit). The improvements will improve drainage and the riding surface with adequate struc- tural section for present and future traffic demands. Sufficient funds to award this project are available in the following • accounts: Description Account No. Amount China Cove Street Improvement 02- 3397 -364 $ 22,500.00 Street And Alley Resurfacing and Reconstruction Program 02- 3385 -015 $157,395.80 SB 300 Maintenance and Reconstruction Fund 24- 3397 -001 $229,496.85 Sidewalk, Curb and Gutter Replacement Program 02- 3397 -183 $ 19,405.00 Storm Drain Improvement Program 02- 3485 -053 $ 20,000.00 28th Street at Lafayette Street Improvement 25- 3397 -014 $ 17,111.00 The SB 300 funds were appropriated by the State legislature for allo- cation to counties and cities. The allocations may only be used for maintenance and reconstruction of local street and highway systems during FY 1985 -86. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is July 31, 1986. a' _ X4 Ben,lamin B. Nolan Public Works Director GW:jd a ++ • • • C, X3,1, ... it ..... � �� � � /" �• . �•� i �P d'�' I / i I E NARSOR i 9lry7r /� � I 4 r 5U C �+ fill IRV CITY OF NEWPORT BEACH DRAWN a-.IY- DATE ZJZS -, PUBLIC WORKS DEPARTMENT APPROVED 1985 -86 STREET & A[LEY PUBLIC WORKS ,RESURFAC /N6 A RUONJr A4,06. DRAWING NO. EXHIB IT os) March 10, 1986 BY THE CITY COUNCIL • CITY Of NEWPORT BEACH CITY COUNCIL AGENDA ITEM N0. MAR 10 1986 TO: CITY COUNCIL APPROVED FROM: Public Works Department SUBJECT: 1985 -86 STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM (C4502) 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 April 4, 1986. DISCUSSION: • This project provides for pavement resurfacing and recon- struction and drainage improvements on (1) various alleys throughout the City, (2) China Cove, and (3) 28th Street at Lafayette Avenue (see attached exhibit). The improvements will improve drainage and the riding surface with adequate structural section for present and future traffic demands. The estimated cost of the work is $425,000. Sufficient funds to award this amount are available in the appropriations for China Cove Street Improvement; Street and Alley Resurfacing and Reconstruction Program; Sidewalk, Curb and Gutter Replacement Program; Storm Drain Replacement Program; Raising Valve Covers to Grade; and 28th Street at Lafayette Street Improvement. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is July 31, 1986. • Benjamin B. Nolan Public Works Director GW:jd Att. • 0 E Z/ I J, :�7 1 HARBOR A- cz CITY OF NEWPORT BEACH DRAWNJCI-M/- DALE PUBLIC WORKS DEPARTMENT APPROVED 1985-86 STREET &ALLEY ' PUBLIC WORKS MrSURAA CIN6 A RE&INJT PA06. DRAWING NO. E)eHIBIT Authorized to Publish Advertisements of all kisineludiny public notices by Decree of the Superior Court of Orange County, California. Number A -6214, dated 29 September, 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange o «elw..a.. ,w cowed aI IM eagewl a M m ] peY,l y h 10 p ool„ width 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 below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS- PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that a Notice of INVITNG BIDS of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 1 time consecutive weeks to wit the issue(s) of March 13, 198 6 , 198_ 198_ 198_ , 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 14 198 6 at to Mesa, California. Signature J NOTICE wvffm elDa led bids may be re- I at the office of the ^laic 3300 Newbort vend, P. O..BOx 1 6a, sort Beach, CA 1-8915 will 11:00 A.M. 14th day of April, 1988, on tiros such bids stall ened and read for a of Protect: 1985-88 contract No -2502 Enpineer'a Estimate: ;425,000 Approved by the City :euncll this 10th day of march, 1980. ,wsoda E Regpiq CRY .Wk Prospective bidders may tbtain one sat of bid docu- ments at no cost at the office N the Pubuo works Depart- ment, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 82858 -8815. For further information, call Gilbert worq Proleci Manager at 644 -9311. Pubilatod Orange Coen Daly Pilot March 13, 19" M