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HomeMy WebLinkAboutC-2360 - Sewer Main Replacement 1982-83March 2, 1984 0 Clarke Contracting Corp. 1218 So. Alameda Street Compton, CA 90220 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (7141640-2251 Subject: Surety: = Federal Insuranc'e"`Co. Bonds No. 80 86 81 32 Project: Sewer Main Replacement Program 1982 -83 Contract No. The City Council on January 23, 1984 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 with the Orange County Recorder on February 1, 1984, Reference No. 84- 047197. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Wanda E. Andersen City Clerk WEA:lr cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 i ! January 26, 1984 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714 ) 640.2251 Attached for recordation are two Notices of Completion of public works projects consisting of: 1. Street and Bikeway improvements on Irvine Ave. from Mesa Dr. to Bristol St, Contract No. 2318, on which Sully- Miller Contracting Co. was the contractor and Seaboard Surety Co. was the surety. 2. 1982 -83 Sewer Main Replacement Programl16;rl on which Clarke Contracting Corp. was the contractor and Federal Insurance Co. was the surety. Please record both and return them to us. Sincerely, Wanda E. Andersen City Clerk WEA:Ir Attachments (2) City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 lease retum to: :,.. �•..i ...a6e a,0.: City Cleric EXEMPT City of Newport Beach , 3300 Newport Blvd. C 2 P.O. Box 1768 Newport Beach, CA 92663.3854 NOTICF. OF COMPLETION ^ ?t °C @ "' ? (p'�yp PUBLIC WORKS �.6F4�ri�L.i h(1� Ytil� 4-047197 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -goo PM FEB 1 '84 LEE A. BRANCH, County Recorder 'Io All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 23, 1984 the Public Works project consisting of 1982 -83 Sewer Main Replacement Program (C -236(1 on which Clarke Contra ct'n " was the contractor, and edera was the surely, was completed. CIIV OF H S NEW�RI BFAC , ,;_ MRR2 1984 pECEl1t� �. ;• CITY C�F4�� 1218 So. Alameda St., Co ran— cam., 3200 Wilshire VERIFICATION 20 es, CITY OF NEWPORT BEACH Public Works Director \14 e u a nee, say: 'tr> r ✓ 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 25, 1984 at Newport Beach, California. 'Publi6 Works 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 23, 1984 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 25, 1984 at Newport Beach, California. City Clerk 0 TO: CITY COUNCIL BY THE CITY COUNCIL CITY OF NEWPORT BEACH JAN 231984 January 23, 1984 CITY COUNCIL AGENDA ITEM NO. FROM: Public Works Department SUBJECT: ACCEPTANCE OF SEWER MAIN REPLACEMENT PROGRAM 1982 -83 (C -2360) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the replacement of sewer mains (1982 -83) has been completed to the satisfaction of the Public Works Department. The bid price was $183,917.65 Amount of unit price items constructed 200,678.27 Amount of change orders 16,172.99 Total contract cost 216,851.26 Funds were budgeted in the General Fund. The increase in the amount of unit price items constructed was due to a nearly 50% greater length of the house laterals than had been anticipated, and an error in the originally estimated amount of alley pavement. Eight Change Orders were issued. The first, in the amount of $4769.50, provided for compensation for delays and additional work caused by working around a number of abandoned and live utility lines which were found not to be in their planned locations. The second, in the amount of $371.86, provided for compensation for delays and extra excavation in 22nd Street due to an abandoned roadway beneath the existing improvements. The third, in the amount of $2,431.15, provided for exploratory excavation and eventual construction of three connections to an existing building which had received one connection during the initial construction. The fourth, in the amount of $818.40, provided for remodeling a manhole base and reconstruction of an irrigation main in Bayside Park. The fifth, in the amount of $1,468.31, provided for excavating and capping a number of abandoned house laterals. Page Two Subj: Acceptance of Sewer Main Replacement Program 1982 -83 (C -2360) January 23, 1984 The sixth, in the amount of $3,018.20, provided for removal and disposal of 2 abandoned steel lines that were encountered in the alley easterly of Grand Canal and which interfered with the new sewer construction. The seventh, in the amount of $1,340.69, provided for exploratory excavation and eventual construction.of two connections to an existing house which had received one connection during the intial construction. The eighth, in the amount of $1,954.88, provided for excavation, inspection of the new main for a possible blockage, backfill and patching. The inspection indicated that the suspicion of blockage arose as a result of City forces accidentally inserting the cleaning machine in the abandoned main rather than the new. The design engineering was performed by the Public Works Department. The contractor is Clarke Contracting Co. of Compton. The contract date of completion was June 15, 1983. With the exception of final clean -up the project was completed on that date. The work described in Change Order No. 8 and the construction of a house lateral that had been missed delayed the final accounting and recommendation for acceptance. The location is shown on the attached sketch. 11 Q 94 Benjamin B. Nolan Public Works Director ICUIXI 1 Att. 3 8ArS/RE lot N �o C17- y HALL V �1 VV 0� v PROJFG.T ti3 y 4 d' LOCATION ti2��od` /Ca Qw PROJECT .,Sod N LOCATIO ' �y �qyy j P[OCE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER MAIN REPLACEMENT C- 2360 PROJECT - LOCADON DRAWN ) J = DATE APPROVED -x— " DRAWING NO. EXHISII "A TO FROM SUBJECT 0 CITY COUNCIL 0 Public Works Director and Utilities Director SEWER MAIN REPLACEMENT PROGRAM, C -2360 RECOMMENDATION: DISCUSSION: May 23, 1983 BY THE CITY .OI! cg 6 CITY OF NEWPORT BEACH MAY 23 1983 Approve an addition to the Sewer Main Replacement Program Contract with Clarke Contracting Corporation to include the replacement of sewer main, house connection laterals and clean - outs in 33rd and 34th Streets between Marcus and Lake Avenues. On March 14, 1982, the City Council awarded a $184,000 contract for sanitary sewer main and lateral replacement to Clarke Contracting Corpora- tion. Work on the contract is approximately 75% complete as of this date. Recently, Utilities Department staff has observed failures in sanitary sewer mains in 33rd and 34th Streets between Marcus and Lake Avenues. Normally, Utility Department crews would repair areas of sewer main collapse. However, because of the current workload of such crews, and since Clarke is currently under contract with the City, staff recommends that a change order be initiated with Clarke to replace sewer mains house connection laterals and cleanouts in 33rd and 34th Streets. The estimated cost of the change order is $35,130; however, the sewer main replacement fund in the current budget has been depleted. Therefore, a budget amendment to transfer the following amounts has been prepared for Council consideration if the recommendation is approved: Transfer from Account No. Amount Sewer Access Road Maintenance Program 02.5597.181 $ 9,178.50 Sewer Manhole Lining Program 02.5597.204 $ 3,701.00 Sewer Main Root Control Program 02.5597.224 $10,000.00 Replace Storm Drain /Mrng. Cyn. - Sewd 02- 3497.250 $14,620.50 Total 37,500.00 The $2,370 excess provides a contingency in the event that other extra work, such as manhole rehabilitation, is deemed necessary during construc- t i Benjamin B. Nolan Joseph T. Devlin Public Works Director Utilities Department Director LD:rb 0 CITY OF NEWPORT BEACH P.U. BOX 1768, NEIVPURT BEACH. CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR PUBLIC WORKS a/3� Ig3 FROM: CITY CLERK DATE: March 31, 1983 SUBJECT: Contract No. C -2360 Description of Contract 1982 -83 Sewer Main Replacement Program Effective date of Contract March 31., 1983 Authorized by Minute Action, approved on March 14, 1983 I Contract with Clarke Contracting Corporation Address 1218 So. Alameda Street Compton, CA 90220 Amount of Contract $183,917.65 Wanda E. Andersen City Clerk i WEA:lr attach. 3300 Newport Boulevard, Newport Beach C7 N W rn O E w r+ (D 3 w (D (D a w ( (D D fD 7 1-F Z O a Z w 3. W N r OD LO 4 Q C) CD w n m ro n m w n m a rt O n Z M O d H S ((DD �• 3 (D 7 N w f w F o (-r ao w Z J rD ]c O (D fD CD O O h w O a 7 O J• CL 1< M (D Z Z d (•h O � O 3 (D •D' Q � w (D lC (D J. i 3 J 1 VI c'F J• C S 7 N m (D N C d (D z n w w r+ � U3 w J n o (D J. 3 U N W (D c+ V M O D'-+O (D J. (DoO Q --h 0 J. J. S 0 o,oc-> CD CD C Q 0 � r W N r OD LO 4 Q C) CD w n m ro n m w n m a rt O n Z M O d H S ((DD �• 3 (D 7 N w f w F o (-r ao w Z J rD ]c O (D fD CD O O h w O a 7 O J• CL 1< M (D Z Z d (•h O � O 3 (D •D' Q � w (D lC (D J. i 3 J 1 VI c'F J• C S 7 N m (D N C d (D z n w w r+ � U3 w J n o (D J. 3 U N W (D c+ V M O D'-+O (D J. (DoO Q --h 0 J. J. S 0 o,oc-> CD CD C Q 0 CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport CA 92663 until JIM A.M. on the 3rd _ day of March , - at which time such Fbs shall be opened and read for V 1982 -83 e 2360 Contract No. E203.000 Engineer's Estimate V 10 0 x �5� • I n s. Approved by the City Council this 14th day of February , 198 3 Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Stephen Luy at 640 -2281. Project Engineer 0 0 1. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1982 -83 SEWER MAIN REPLACEMENT PROGRAM CONTRACT NO. 2360 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: �Lmn 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 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: aI u•. %juN,.i.i I. LY. WwUnar.avn ..na. .v.� NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 1,175 Lineal Feet 2. 275 Lineal Feet Construct new 8 -inch diameter sewer main @ Thirty -four Dollars and Fifty Cents $ 34.50 $ 40,537.50 Per Lineal Foot Remove existing 8 -inch sanitary sewer and construct new 8 -inch diameter sewer main @ Thirty -four Dollars and Fifty Cents $ 34:50 $ 9.487.50 Per Lineal Foot 3. 705 Remove existing 8 -inch sanitary sewer Lineal Feet and construct new 8 -inch diameter sewer main including trench resur- facing @ Thirty -nine Dollars and NO Cents $ 39.00 $ 27,495.00 Per Lineal Foot 4. 0 9. D UNIT UNIT PRICE WRITTEN IN 73 Remove existing house connection and Lineal Feet construct new 6 -inch house connection 0 PR lb PRICE PRICE @ twenty -three Dollars and Thirty Cents $ 23.30 $ 1,700.90 Per Lineal Foot 225 Remove existing house connection and Lineal Feet construct new 6 -inch house connec- tion, including trench resurfacing @ Thirty -two Dollars and ei ghty Cents $ 32.80 $ 7,380.00 Per Lineal Foot 55 Construct new 6 -inch house connec- Lineal Feet tion @ Twenty -three Dollars and thirty Cents $ 23.30 $ 1,281.50 Per Lineal Foot �— 402 Remove existing house connection and Lineal Feet construct new 4 =inch house connection @ Twenty -three Dollars and thirty Cents $ 23.30 $ 9,366.60 Per Lineal Foot 383 Remove existing house connection and Lineal Feet construct new 4 -inch house connection, including trench resurfacing @ Thirty -two Dollars and -eighty Cents E 32.80 $ 12,562.40 Per Lineal Foot 100 Construct house connection cleanout Each @ fifty -five Dollars. and no Cents $ 55.00 $ 5,500.00 Each @ one thousand three hundred fifty0ollars and No Cents $ 1,350.00 $ 2,700.00 Eac 12, 4 Remove existing sanitary sewer manhole Each frame and cover and install new sanitary sewer manhole frame and cover. @ Four hundred Dollars and No Cents $ 400.00 $ 1,600.00 Each 13. Lump Sum Abandon existing sewer facilities in place @ Four hundred Dollars and No Cents $ 400.00 $ 400.00 Lump Sum 14. 865 Remove existing alley approach and Square construct new alley approach Feet @ Six Dollars and e Cents $ 6.45 .$ 5,579.25 er Square Foot 15. 13,570 Remove existing alley pavement and Square construct new alley pavement Feet @ Three Dollars and Thirty -five Cents $ 45,459.50 Per Square Foot 16. 600 Remove existing roadway pavement and . Square construct new roadway pavement Feet Three @ Dollars Ninety Cents $ 3.90 $ 2,340.00 Per Square Foot • • PR lc ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 4 Construct sewer cleanout Each @ One hundred seventy -five Dollars and No Cents $ 175.00 $ 700.00 Each 11. 2 Remove existing sewer manhole and Each construct new sewer manhole @ one thousand three hundred fifty0ollars and No Cents $ 1,350.00 $ 2,700.00 Eac 12, 4 Remove existing sanitary sewer manhole Each frame and cover and install new sanitary sewer manhole frame and cover. @ Four hundred Dollars and No Cents $ 400.00 $ 1,600.00 Each 13. Lump Sum Abandon existing sewer facilities in place @ Four hundred Dollars and No Cents $ 400.00 $ 400.00 Lump Sum 14. 865 Remove existing alley approach and Square construct new alley approach Feet @ Six Dollars and e Cents $ 6.45 .$ 5,579.25 er Square Foot 15. 13,570 Remove existing alley pavement and Square construct new alley pavement Feet @ Three Dollars and Thirty -five Cents $ 45,459.50 Per Square Foot 16. 600 Remove existing roadway pavement and . Square construct new roadway pavement Feet Three @ Dollars Ninety Cents $ 3.90 $ 2,340.00 Per Square Foot 'T4 17. 28 Remove existing pavement and construct Ton A. C. pavement patch back PR Id @ One hundred fifty Dollars and No Cents $ 150.00 $ 4,200.00 Per Ton 18. 1650 Remove existing pavement and construct Square P.C.C. pavement patch back Feet @ Three Dollars Thirty -five and Cents $ 3.35 $ 5,527.50 Per Square Foot 19. Lump Bracing excavations and trenches Sum @ One hundred Dollars and No Cents $ 100.00 $ 100.00 Lump Sum TOTAL PRICE WRITTEN IN WORDS: One hundred eight -three thousand nine hundred seventeen Dollars and Sixty -five Cents $ 183,917.65 CONTRACTOR'S LICENSE NO. 325884 A Clarke Contracting Corporation Bidder DATE 3 -03 -83 S /John J. Clarke, President Authorized Signature /Title 237 s -TB�d phone Number 1218 So. Alameda St., Compton, CA 90220 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. 325884 A Contr's Lic. No. & Classification 3 -03 -83 Date Clarke Contracting Corporation Bidder S /John J. Clarke, President 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. Item of Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Clarke Contracting Corporation Bidder S /John J. Clarke, President Authorized Signature /Title FORIGINAL SEE CITY CLERK'S FILE• Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Clarke. Contracting Corporation , as bidder, and Federal Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Sewer Main Replac m n Program C -936n 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 3rd day of March , 19 83 (Attach acknowledgement of Attorney -in -Fact) ieF I= Won Clarke Contracting Corporation Bidder S /John J. Clarke, President Authorized Signature /Title Federal Insurance Company Surety By S /Douglas A. Rapp, Attorney -in -Fact Title NON- COLLUSION AFFIDAVIT Page 5 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 3rd day of March 1983 . My commission expires: 12 -30 -83 OFFICIAL SEAL WINIFRED F. BUTLER NOTARY P!)GLIGCALIFJRNIA PRINCIPAL OFFICE !N LOS ANGELES CL'V ;!TY commission Expires OeC. 30. 1983 Clarke Contracting Corporation Bidder S /John J. Clarke, President Authorized Signature /Title S /Winifred F. Butler Notary Public 0 ORIGINAL SEE CITY CLERK'S FILopPY STATEMENT OF FINANCIAL RESPONSIBILITY Page 6 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. Clarke Contracting Corporation Bidder S /John J. Clarke, 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. 1982 City of Newport Beach Pat Dunnigan (714) 640 -2281 3300 Newport Blvd - Newport Beach, CA 92663 1982 Palos Verdes Penn.Uni ie c Dist. William an ooyen 28 Crest Road W., Rolling Hills, CA.90274 (213) 377 -1511 IVZSL Mliier brewery Jonn Onelcoci 15801 E. 1st. St. Irwindale, CA. 91706 (213) 969 -6343 1982 City of L.A. Mike Pa asti 200 N. Spring St.,Los Angeles, CA 90012 (213) 989 -8773 1982 City of W. Covina Al Odei 1444 W. Garvey, W. Covina, CA. 91790 (213) 962 -8631 1982 City of Vernon Gene DeFrank 4305 Santa Fe Ave.Vernon, CA. 90058 (213) 583 -8811 1982 City of Covina Les Ferree 125 E. College St., Covina, CA. 91723 (213) 331 -0111 1981 L.A.CO. RD. DEPT. Ron Hoffman 1540 Alcazar St., L.A., CA. 90033 (213) 226 -8174 1982 L.A.Co. Flood Control Bert Gushimm P.O.Box 2418, Term. Annex, L.A. CA. 90002 (213) 226 -4150 City of W. Covina Mac Winter 1981 1444 W. Garvey Ave. W. Covina, CA. 91790 (213) 962 -8631 1982 L.A.Co. Flood Cont. Tom Rossi P.O.Box 2418 Term. Annex L.A. CA. 90002 (213) 226 -4150 1981 City of So.-Pasadena Mark Puglisi 1414 Mission St., So. Pasadena, CA. 91030 (213) 799 -9101 1981 City of L.A. George Shulak 200 N. Shrine St.. L.A. CA. 90012 (213) 485 -3455 1980 State of Calif. J.R. Santos Dept. of Resources. P.O.Box 1112 Lancaster, CA. 93534 (805) 946 -1024 1981 City of San Juan Capistrano 32400 Paceo Adelanta San Juan, Ca. 92675 (714) 493 -1171 1980 City of Carson Fred Thompson Carson, CA 90745 (213) 830 -7600 Claft Caftcting Corporation Bidder � ���1 JOHN J. CLARKE PRESIDENT Auth Nj, `' `Signature /Title . 0 Page 8 NOTICE The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating (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 YPES 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. 0 KNOW ALL MEN BY THESE PRESENTS, That 0 Page 9 PAYMENT BOND Sond No. 30 86 31 32 Premium: Included WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 3rd, 1983 has awarded to Clarke Contracting Corporation hereinafter designated as the "Principal ", a contract for Sewer Main Replacement 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 Clarke Contracting Corporation as Principal, and Federal Insurance Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of One hundred eighty -three thousand nine hundred.seventeen Dollars ($ 183.917.65 ), and sixty -five Cents said sum being one -half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 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 • Page 10 Payment Bond (Continued) 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 22nd day of :March , 19 33 1 Approved as form: City Attonhdy C Corporat mil) r INrincipa -John J. Clarke, President re and Title Authorized Signature and Title Federal Insurance Company (Seal) Name of Surety 3200 k;ilshire Blvd. Los Angeles, CA 90010 Address of Surety �1Go Q :%si. eiU Signat4t,e and Titlevof Authorized gent- - Douglas A —Rapp, , ^attorney -in -Fact 9040 Tel star rave., Suite 115, El Monte, CA 51731 Address of Agent 213- 571 -6550 Telephone No. of Agent # ; ; @ G on [ 2 —) l-, \ \ k / } ■ ` § [ f ¥ V % § § rt ° § § f / • } � c - / | / w ] / 7 . 0 § i 14 . lb (� § ( cl } � - � ct � / « a ; ; P, ) > & / : a , § / § ff im _ rl� t § ft pi ft P. / \ m \ �3 [. 0 rt \ / \ � } / im EQ a ( R [ r • ti 4 . / \ � k / f . k� \ \ \}» � }' \ / }�lS 41 IAJ M3 iF Certified Copy of • POWER OF ATTORNEY• Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York, New York, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint John Z. Schmidt, Richard K. Rosskopf, Sandra K. Witt, Jacqueline Schroeder, Gerald W. Rosskopf, Donald E. Rapp, Douglas A. Rapp and Richard C. Lloyd of E1 Monte, California------------------------- -------- -- -- --- --- -- -- --- - - - --- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars ($250,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations.of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offi- cials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. in Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Assistanj Vice- President and Assistant Secretary and its corporate seal to be hereto affixed this let day of January 19 o . FEDERAL INSURANCE COMPANY By George McClellan Assistant Vice-President (a?,c ard D. O'Connor Assistant Secretary STATE OF NEW JERSEY ss: County of Essex On this 1st day of January 19 82 , before me personally came Richard D. O'Connor, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted with George McClellan and knows him to be Assistant Vice - President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. IA NOTARY PUBLIC Form 21 -10 -238 fEd. 2 79)(General) Acknowledged and Sworn to before me on the date above written. Notary Public PATRICI.A RYAN NOTARY Pu OLIC OF NEN 1FRSEY My Commission Expires December 11, 19 3 • • SHORT HILLS, N.J. 1 )} as. County of Essex I, the undersigned. Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27. 1971 and that this By -Law is in full force and effect ARTICLE XVIII. Section 2. All bonds, undertakings. contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice - Chairman or the President or a Vice - President. jointly with the Secretary or an Assistant Secretary, under their respective designa- tions, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee. or In any power of attorney executed as provided for in Section 3 below, may execute any such bond. undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice - Chairman or the President or a Vice - President or an Assistant Vice - President, jointly with the Secretary or an Assistant Secretary, under their respective designations. "' And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America. District of Columbia. Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings. etc.. permitted or required by law, 22nd GiXgR���er my hand and the seal said Company at Short Hills. N.J ,this_. ---- _.day of 19 tiC - Assistant Secretary • • Page 11 FAITHFUL PERFORMANCE BOND Bond No. 80 36 31 32 Premium: $1191.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 3rd, 1983 has awarded to Clarke Contracting Corporation hereinafter designated as the "Principal ", a contract for Sewer Main Replacement Program Contract No. 2360 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Clarke Contracting Corporation as Principal, and Federal Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of One hundred eighty -three thousand nine hundred seventeen and Dollars ($ 133,917.65 sixty -five cen s 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 • 0 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 dull executed by the Principal and Surety above named, on the 22nd day of (arch , 19 33 Approved as to form: � City Attorney Clarke Contracting Corporation (Seal) ame of Con4ractor (Principal) -John J. Clarke, President re and Title Authorized Signature and Title Federal Insurance Company (Seal) Name of Surety 3200 Wilshire 51vd. Los Angeles, CA 90010 Address of Surety r. r SignatLffe and Title 6f Authorized Agent Douglas A. Rapp, Attorney -in -Fact 9040 Telstar Ave., Suite 115, E1 Monte, CA 91731 Address of Agent 213- 571 -6560 Telephone No. of Agent 0 0 u N Ay W H a 10 zo a 'd Y M YN O G C n O � a�7 ¢ e m Y :3 N O O C w �� • t pu A O u Y U C Y b 7 Y a. w 0 V u a w q +1 N a a v b y 'd Y Y b Y a w t—gzt Q N 4 y b o a Y a $4 i t U N y a a a y qO Y 'O N a N Z,- y a Jz ' C Y e p � U H $4 y w w •C i N C N Y • v W Q U c a a O ai C, m a+ ° O M O b 44 � a U � Y 4 N Y U u A W u 0 W O f u W � W a � A b � z y 0i O U U ' y O Val • t pu A O u Y U C Y b 7 Y a. w 0 V u a w q +1 N a a v b y Y Y Y b a w t—gzt Q R y 4 y b o W> dOa�G Y y $4 i t U N y u 0 a a y qO Y 'O a Z,- y C Jz ' C Y e m � U 4 a w w •C i N C Y i v Q m Y O ai .0 • a+ ° O M O b aAl � a U � Y ° � u a q u A C W � a ✓ A � z y 0i O U Id q Y w v i0! Y b u t—gzt Q R y 4 y O N W> dOa�G $4 i t U u 0 a y Z,- y a Jz C Y e m � a O wf( r Y i w Q m Y O ai .0 aAl q N 1 N \'.CA 6. \\�\ \\ � } G2\ } \& - .2®,2E \\� / \ \ \ \ \T \. : . \ ZZ ; 0 Cer- if ied Copy of POWER OF ATTORNEP Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York, New York, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint John Z. Schmidt, Richard K. Rosskopf, Sandra K. Witt, Jacqueline Schroeder, Gerald W. Rosskopf, Donald E. Rapp, Douglas A. Rapp and Richard C. Lloyd of E1 Monte, California----------------------------- --------------- ------ - -- - -- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars ($250,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offi- cials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Assistant Vice- President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 o STATE OF NEW JERSEY FEDERAL INSURANCE COMPANY By George McClellan Assistant Vice - President (al:cl hartl D. O'Connor Assistant Secretary ss: County of Essex On this 1st day of January 19 82 before me personally came Richard D. O'Connor, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted with George McClellan and knows him to be Assistant Vice - President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. Acknowledged and Sworn to before me -�� on the date above written. NOTARY * PUBLIC Form 21- 10-238 (Ed. 2 78)(Generad Notary Public PATRICK RYAN NOTARY PUBLIC OF NEiY JERSEY 3 My Commission Expires December 11, 19 0 10 SHORT HILLS, N.J. )} County of Essex ss. I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27. 1971 and that this By -Law is in full force and effect. ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice - Chairman or the President or a Vice- President, jointly with the Secretary or an Assistant Secretary. under their respective designa- tions, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee. or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice - Chairman or the President or a Vice - President or an Assistant Vice - President. jointly with the Secretary or an Assistant Secretary, under their respective designations. And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia. Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island: and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. Given under my hand and the seal of said Company at Short Hills. N . this _ 22nd .__.__.day of !'arch ?3 1s Assistant Secretary • • Page 16 CONTRACT 3� Sr THIS AGREEMENT, entered into this 4P4. day of March 19 83 , by and between the CITY OF NEWPORT BEACH, hereinafter %i ty�and- Clarke Contras 'n Cor r do hereinafter "Contractor, " is ma` e th reference to t e fo owing facts: (a) City has heretofore advertised for bids for the following described public work: Sewer Main C -2360 �t a of Projec 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: C -2360 .Contract o. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of- this work as prescribed above, City shall pay to Contractor the sum of One hundred e;ahty -three thousand nine hundred seventeen Dollars & sixty -five 183.9U .65 . This compensation includes (11 any Toss or damage arising from the .nature of the work; (2] any toss 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) I 0 0 Page 17 (f) Plans and Special Provisions for Sewer Main Replacement Program C -2360 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH By zf�t�__ yor ATTEST: ity Clerk APPROVED AS TO FORM: CITY Clarke Co tracting Corporation City Att rney C§qtractor By -John J. Clarke Its r i t By Its CONTRACTOR ro FE � ADZ w C-72 ci lzc sr Z . I . aw (D (D 0 ;J (D try o S9 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1982 -83 SEWER MAIN REPLACEMENT PROGRAM CONTRACT NO. 2360 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . 1 II. AWARD AND EXECUTION OF THE CONTRACT. . . . . . . . . . . 1 III. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . 1 IV. PAYMENT. . . . . . . . . . . .. . . . . . . . . . . . . 2 V. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS . . . . . 2 A. Notice to Residents . . . . . . . . . . . . . 2 B. "NO PARKING" Signs . . . . . . . . . . . . . . . . . 3 VI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . 3 VII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VIII. SURFACE AND GROUNDWATER . . . . . . . . . . . . . . . . . 3 IX. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . 3 A. Sewer . . . . . . . . . . . . . . . . . . . . . . . ..3 B. Street and Alley . . . . . . . . . . . . . . . . . . 5 C. Park Sites . . . . . . . . . . . . . . . . . . . . . 6 I. II. • SCOPE OF WORK i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR 1982 -83 SEWER MAIN REPLACEMENT PROGRAM CONTRACT NO. 2360 The work to be done under this contract consists of removing and replacing existing sewer main and alley improvements; adjusting existing City -owned utility frames and covers to finished grade, and other incidental items of work. SP I of 6 All work necessary for the completion of this contract shall be done in accor- dance with (1) these Special Provisions, (2) the Plans (Drawing Nos. A- 5102 -S and S- 5098 -S), (3) the City's Standard S ecial Provisions and Standard Drawing for Public Works Construction Edition) and the Standard Specifications for Public Works Construction (1982 Edition), including —supplements to date. Copies of the Standard Special Provisions and Standard Drawings may be pur- chased 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. AWARD AND EXECUTION OF THE CONTRACT The bidder's attention is directed to the provisions of Section 2 -1 of the . Standard Special Provisions for requirements and conditions concerning award and execution of the contract. III. TIME OF COMPLETION A. All work under this contract shall be completed by June 15, 1983. Work on alley no. 421 B shall be coordinated with main replacement by the Gas Company. B. The Contractor shall complete all work on each alley or street within twenty - five (25) consecutive calendar days after beginning work on that alley or street. The term "work" as used herein shall include all removals, adjust- ments, and replacements; construction of sewer improvements; construction of alley pavement, alley approaches, street pavement, curb, driveways, side- walk, adjacent P.C.C. or A.C. garage approaches and A.C. joins. Also in- cluded within the specified period is curing time for the new P.C.C. improvements. In summary, this means that each alley or street and every garage approach with access from that alley must be returned to normal vehicular use within twenty -five (25) consecutive calendar days from the day it is first closed to such use. The Contractor must employ sufficient men and equipment to meet IV. • • SP2of6 this schedule. If it becomes apparent during the course of the work that the Contractor will not be able to meet this schedule, he will be prohibited from starting work in additional alleys or streets until he has exerted extra effort to meet his original schedule and he has demonstrated that he will be able to maintain his approved schedule in the future. Such stop- pages 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 pay- ment of extra work because additional men and equipmentwere required on the job. The Contractor will be assessed $100 liquidated damages for each day (includ- ing Saturdays, Sundays, and holidays) in excess of the twenty -five (25) consecutive calendar days allowed for 100% completion of the construction work in each alley or street and the alley's or street's return to normal vehicular use. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications shall be assessed for failure to complete the project within the specified time. The intent of this section of the Special Provisions is to emphasize to the Contractor the importance of prosecuting the alley construction in an orderly, pre - planned, continuous fashion, so as to minimize the time an alley is closed to vehicular traffic. No work shall begin until a schedule of work has been approved by the Engineer. 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 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. V. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS A. Notice to Residents Between 48 and 55 hours before closing a section of street or alley or re- stricting 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 accessibility will be restored. The written notice will be prepared by the Engineer. The Contractor shall insert the applicable dates at the time he distributes the notice. 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. B. "NO PARKING" Signs SP3of6 The Contractor shall furnish, install, and maintain in place "NO PARKING" signs (even if streets.have posted "NO PARKING" signs) which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Depart- ment, Traffic Division, at (714) 644 -3742, for verification of posting at least 40 hours in advance of the need for 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 on the CalTrans Uniform Sign Chart. The Contractor shall print the hours, day 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. VI. CONSTRUCTION SURVEY STAKING Field staking for control of construction will be provided by the Engineer. VII. WATER The Contractor shall make provisions for obtaining and applying water necessary to perform his work. If the Contractor elects to use City water free of charge, it shall be his responsibility to make arrangements by contacting the City's Utilities Superintendent, Mr. Gil Gomez at (714) 640 -2221. VIII. SURFACE AND GROUNDWATER Groundwater or surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay. IX. CONSTRUCTION DETAILS A. Sewer The Contractor shall be responsible for maintaining sewer service at all times "during construction of this project. Method of maintaining service shall be approved by the Engineer. 1. Sewer Alternatives The Contractor shall select one of the following alternative materials and shall use the selected material'homogenously for sewer items nos. 1 thru 10 of the Proposal: • a. Vitrified Clay Pipe (V.C.P) (1) Sewer Main 0 SP4of6 Sewer pipe, house connections (H.C.) sewer cleanouts, and fittings shall be extra strength Vitrified Clay Pipe (V.C.P.). (2) House Connections (H.C.) New H.C. laterals shown on the plan shall be aligned perpen- dicular 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. The Contractor shall furnish and install a sewer cleanout at each house connection lateral shown on the plans. (3) Manhole Connections Manhole connections shall be watertight The vitrified clay pipe shall be cement - grouted to existing manholes. b. Polyvinyl Chloride (PVC) (1) Sewer Main Sewer Pipe, house connections (H.C.), sewer cleanouts, and fittings shall be Polyvinyl Chloridge (PVC) SDR 35 and shall conform to the requirements of ASTM D1784 and 3034. The PVC pipe shall have a nominal diameter of 8 inches except for house connections, and shall have integral bell and spigot connections with elastomeric gaskets. (2) House Connections (H.C.) - See "Construction Details" Section IX - A.l.a. (2). (3) Manhole Connections Manhole Connections shall be watertight Approved methods for connection can be made as follows: (a) Manhole couplings providing elastomeric gasket seal. Unit is grouted into manhole wall. Pipe inserts into coupling. (b) Waterstop in various forms (e.g. flexible boot or sleeve 0 -ring or gasket) produced from elastomeric compound is grouted or locked into manhole wall. Pipe inserts into waterstop. . 0 SP 5 of 6 (c) Grouted connections directly to PVC pipe may be effective if the pipe at the connection is first softened with solvent and covered with sand. Fiberglass Composite Pipe (RPM) (1) Sewer Main Sewer pipe, house connections (H.C.), sewer cleanouts, and fittings shall be filament- wound, glass fiber reinforced ther- mosdttimg resin pipe with thermoplastic resin liner. Fiberglass pipe shall be produced from Type I, Grade 1, Class HZ5001 material in accordance with ASTM D 2996 and shall be "Permastran" as manufactured by Johns - Mansville or approved equal. The RPM shall have a nominal diameter of 8 inches except for house connections, and shall have integral bell and spigot connections with elastomeric gaskets. All pipe displaying evidence of separation between the PVC core and the fiberglass epoxy overwrap shall be considered to have sufficient cause for rejection of the pipe. All pipe, fittings, and connections shall not fail when subjected to tests outlined in AWWA C 900. (2) House Connections (H.C.) See "CONSTRUCTION DETAILS" IX -A 1 a (2). (3) Manhole Connections See "CONSTRUCTION DETAILS" IX -A 1 b (3). B. Street and Alley 1. Removals and Excavation The work shall be done in accordance with Section 300 - 1.3.2. of the Standard Specifications except as modified and supplemented'- ,herein: Final removal'at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not bbe ermitt d on the job. Final removal accomplished by other means must be a�pprove�d by the Engineer. Asphalt Concrete The work shall be done in accordance with Section 302 -5 and 404 -4 of the Standard Specifications except as modified and supplemented below: Asphalt concrete furnished for trench restoration and patching shall be Type III -D -AR 4000. Prior to placing the asphalt concrete, a tack coat of Type SS -lh asphaltic emulsion at a rate not to exceed one -tenth (1 /10) of a gallon per square yard shall be uniformly applied to the A.C. and P.C.C. contact surfaces. The surface shall be free of all loose material or dust when the tack coat is applied. SP6of6 3. Existing Utilities The Contractor shall adjust to finished grade all sewer manholes sewer cleanouts, water meter boxes,_water..valve covers, and monuments prior to the placement of pavement. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. C. Park Sites The Contractor shall include the removal and replacement of sprinklers, sod, asphalt pathway and other park site improvements in the project area as a part of the cost of removing and replacing the sewer main. t • CERTIFICATE OF INSURANCE • Page 13 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED T Company A AMERICAN CASUALTY COMPANY Icompany B CNA CASUALTY OF CALIFORNIA � o4 +or C MISSION NATIONAL INSURANCE COMPANY P.O. BOX 5664 yV rp y D WESTERN EMPLOYERS Letter company E COMPTON. CA 90244 latter 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 provid 30 days' advance notice to the City of Newport Beach by rggi te, mal, attention: Public Works Department. ve Agency: ARMSTRONG /ROBITAILLF INS. SERVICES 03 -23 -83 Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: SEWER MAIN REPLACEMENT PROGRAM 112360 Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. 9 Policy LIMITS OF LIABILITY IN THOUSANDS COMPANY TYPES OF INSURANCE Policy Exp. LETTER - COVERAGE REQUIRED No. Date Each Completed Occurrence Operations A GENERAL LIABILITY x Comprehensive Form CP0021- 3 -1 -84 Bodily Injury $ $ x Premises- Operations 61534 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 B Comprehensive Form BUA0821- 61535 3 -1 -84 Bodily Injury (Each Person $ []x Owned $ Bodily Injury Each Occurrence [x Hired Pro ert ama e Non -owned Bodily Injury and Property Damage Combined $ 500, EXCESS LIABILITY C []x Umbrella Form MN0050503 3 -1 -84 Bodily Injury Q Other than Umbrella Form and Property Damage Damage Combined $ 5,000, 5 000 $ , > WORKERS' COMPENSATION Statutor D and EMPLOYER'S LIABILITY WC01038 310512 3 -1 84 100, 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 provid 30 days' advance notice to the City of Newport Beach by rggi te, mal, attention: Public Works Department. ve Agency: ARMSTRONG /ROBITAILLF INS. SERVICES 03 -23 -83 Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: SEWER MAIN REPLACEMENT PROGRAM 112360 Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. 9 S • • 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 Property Damage Liability (X ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence $ 500,000. each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the 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: PROrRAM 1 Project Tit a and Contract No. . This endorsement is effective 03 -23 -83 at 12:01 A.M. and forms a part of Policy No. BUA082161535 . Named Insured CLARKE CONTRACTING CORPORATION Endorsement No. % Name of Insurance Company CNA CASUALTY OF CALTFDRNIA By G�* A4�rized Representative ♦ , . • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) 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: SEWER MAIN REPLACEMENT PROGRAM #2360 Project Title and Contract No. This endorsement is effective Policy No CCP002161534 03 -23 -83 at 12:01 A.M. and forms a part of Named Insured CLARKE CONTRACTING CORPORATION Endorsement N Name of Insurance Company AMERICAN CASUALTY COMPAN16y Authorized Representative • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1982 -83 SEWER MAIN REPLACEMENT PROGRAM CONTRACT NO. 2360 PROPOSAL To the honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: PR la The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this contract 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 TO L NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 1,175 Construct new 8 -inch diameter sewer Lineal Feet main @ ��i'rTy — /�ouY Dollars and SV LTy Cents $ -5 $ Per Lineal Foot 2. 275 Remove existing 8 -inch sanitary sewer Lineal Feet and construct new 8 -inch diameter sewer main @ — �G,�Zy — /�a.tv Dollars c��p S21 ��7` / Cents $ —— $ / T� T or Per Lineal Foot 3. 705 Remove existing 8 -inch sanitary sewer Lineal Feet and construct new 8 -inch diameter sewer main including trench resur- facing @%rte "��y—At Dollars and qod qr o0 h D Cents $ Per Lineal Foot . PR lb ITEM QUANTITY ITEM DESCRIPTION NO. AND UNIT _ UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 91 73 Remove existing house connection and Lineal Feet construct new 6 -inch house connection 7 ,4�e-e Dollars ' and Cents $ 23 30 $ I/yD� pD Per Lineal Foot 225 Remove existing house connection and Lineal Feet construct new 6 -inch house connec- tion,'innccluding trench resurfacing @iTy - rwo _ Dollars —� and Cents Per Lineal Foor 55 Construct new 6 -inch house connec- Lineal Feet tion $ 3Z $ .3W0r 7 @ 7' cA, —�•F. c� Dollars ' and 7' W111-11Y Cents $ 23 Per Lineal Foot 402 Remove existing house connection and Lineal Feet construct new 4 -inch house connection @ 7cwcH�v' 7�{� Dollars and �!r Cents Per Lineal Foot 383 Remove existing house connection and Lineal Feet construct new 4 -inch house connection, including trench resurfacing $Z33 $iN3 60 Dol tars and go yp Cents $ 3 $�z 'z- . Per Lineal foot 100 Construct house connection cleanout Each @ Dollars and pro Cents $ J y �D $ ���--� Each Dollars and Cents Lump Sum 14. 865 Remove existing alley approach • . PR lc construct new alley approach Feet TOTAL ITEM QUANTITY ITEM DESCRIPTION UNIT NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE Per Square'Foot 15. 13,570 Remove existing alley pavement 10. 4 Construct sewer cleanout Feet Each / @ 7�ifr�e Dollars 7� ^ �, Jv�Dollars >- � ve Cents and r—o �7J —d --7 C/o Q� Remove existing roadway pavement and Square Cents $ $ / Each , @ —7 Dollars 11. 2 Remove existing sewer manhole and Per Square Foot Each construct new sewer manhole Y ears / and h a Cents Each 12. 4 Remove existing sanitary sewer manhole Each frame and cover and install new sanitary sewer manhole frame and cover Dollars and !r a Cents Each 13. Lump Sum Abandon existing sewer facilities in place Dollars and Cents Lump Sum 14. 865 Remove existing alley approach and Square construct new alley approach Feet @ Sic Dollars and 7`e✓ry — �Ji�c Cents Per Square'Foot 15. 13,570 Remove existing alley pavement and Square construct new alley pavement Feet @ 7�ifr�e Dollars 7� ^ �, and >- � ve Cents Per Square Foot 16. 600 Remove existing roadway pavement and Square construct new roadway pavement Feet , @ —7 Dollars s,� /V Cents Per Square Foot $ gr $ $�9a $Z3'�;0 CONTRACTOR'S LICENSE NO.325884 A DATE 3 -03 -83 213- 537 -6470 Bidders Telephone Number Cbtb ConbuUng Corporation Bidder JOHN J. CLARKE PRESIn NT Au i Signature /Title 1218 So. Alameda St., Compton, Ca. 90220- Bidder's Address • PR 1d ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 28 Remove existing pavement and construct Ton A. C. pavement patch back @ owe �no/re�/ ���y Dollars and Cents oz? $ Z,S7 -- $ h o Per Ton 18. 1650 Remove existing pavement and construct Square P.C.C. pavement patch back Feet 1/ @ Dollars and Cents 3s $Z7 $ Per Square Foot 19. Lump Bracing excavations and trenches Sum / @ Dollars �o and Cents Lump Sum TOTAL PRICE WRITTEN IN WORDS: f " { JY ✓ t r f0 21� ./ /� /ao/i'�.o/ Gam. i 9-h i 'TA I s1P' Dollars i SiXT —✓c and Cents $�8� � %6S % CONTRACTOR'S LICENSE NO.325884 A DATE 3 -03 -83 213- 537 -6470 Bidders Telephone Number Cbtb ConbuUng Corporation Bidder JOHN J. CLARKE PRESIn NT Au i Signature /Title 1218 So. Alameda St., Compton, Ca. 90220- Bidder's Address 1] INSTRUCTIONS TO BIDDERS • Page 2 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 100/ 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. 325884 A C1014ContwtingCorporation Contr's Lic. No. & Classification Bidder JOHN J. CLARKE 3 -03 -83 PRESIDENT Date Aut d. Signature /Title 0 • Page 3 1 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 2. 3. 4. 5. 6. 7. EM a 10. 11. 12. (�pCM*KJng Corporation JOHN J. CLARKE Aut i Signature /T Ly t °' • Page 4 11 , C1Ik KNOW ALL MEN BY THESE PRESENTS, That we, Clarke Contractinn Corporation , as bidder, and Federal Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent of the total amount of the bid Dollars ($ 10" ) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of 1982 -83 Sewer fain Title lacement Program 2360 roJect Contract 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 r Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 3rd day of larch , 19 03 (Attach acknowledgement of Attorney -in -Fact) Notary Public r Commission expires Clarke Contracting Corporation Bidder JOHN J. CLARKE PRERMFNI Authori d ature /Title Federal Insurance Company By Title DoUglas A. Rapp, Attorne ,i � Tft- Fact w N rt x rt m G N m :� co Im v G "� D N rr�O N M A M M 3 n °5 rt a 0M N- PC o w O�nC) rt m a' m a o cr„T> n a W C r <zZN� m x rr W t a K m o K a r a rr o ro a w a• ro M m N m w a M n o o m z Cr r* a a a a • r roar N m rn M r m O O K M a w M rt N U m M a N O S 7 N m n m' ' M �" rr m N � a• i n o a n r m M rt r rr G n IC rt N o o a a o M a m 57 w m r n rt m N O 0 K o r M ( °a r k a rr a m a H m a r M M o a o m rr m m M r a Z W a a m rr a n m 0 o K a x a o a N E r r rr r N m a G a m M w o m I M rr a K o .. Y H tH'7 K O y r+ O N 7 En N N a ° °z m a om m a m o * o m W W p p * o m E lb O O N m a x E l m m m 1 m 5 a O 5 a O 9 9 N a 1 m x N a w o a m a m a r 0 0 o a rt o .. Y H tH'7 K O y r+ O N 7 En N N \� ; �, 7 3§ G�;3 � \\\ \} \�� \ \� / ! \� \�� (, � [ � �( � �� \ \ \ \ \� \\ \ » } /?a: »m &e. .. 2a5p{� _( `\ ` \ \� � � \ \ \�� � / \ \ \��: \� \�� �� �, z 2 , /� \, � ; ,� � / \ � /� \� w Cendied Copy of POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York, New York, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint JoM Z. Schaidt, Richard K. Rosskopf, Sandra K. Witt, Jacqueline Schroeder, Gw*14 K. ROselitopf, Donald E. Rapp, Douglas A. Rapp and Richard C. Lloyd of UNnte. California--------------------------------- ----------------- - - - - -- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars ($250,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offi- cials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Assistant V, z 1 - President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 STATE OF NEW JERSEY ss: County of Essex FEDERAL INSURANCE COMPANY By George McClellan Assistant Vice- President (aRc hard D. O'Connor Assistant Secretary On this 1st day of January 19 32before me personally came Richard D. O'Connor, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof, that the seat affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted with George McClellan and knows him to be Assistant Vice- President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. Acknowledged and Sworn to before me ��\G4 A -� on the date above written. NOTARY . PUB�IC Notary Public V /� A PATRICK R'fAN `'� J rR- :. NOTARY PlIOIIC OF NEW JERSEY ter_: 03 My Commission Expires December 11, 19 Form 21 -10 -238 (Ed. 2- 78)(General) . • w\ SHORT HILLS. N.J. 1} ss. County of Essex i, the undersigned. Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27, 1971 and that this By -Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute. may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice - Chairman or the President or a Vice- President, jointly with the Secretary or an Assistant Secretary. under their respective designa- tions, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice - Chairman or the President or a Vice - President or an Assistant Vice - President, jointly with the Secretary or an Assistant Secretary. under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America. District of Columbia. Puerto Rico. and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duty licensed to become sole surety on bonds. undertakings. etc.. permitted or required by law. Given under my hand and the seal of said Company at Short Hills. N.J.. this March 83 19 3rd day of Assistant Secretary 0 . 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 ep day of A4,4 ct 1910. My commission expires: 3. 30- 93 OFFICIAL SEAL 1 WIPIIFRED F. BUTLER NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY mission Expires Dec. 30, 1983 Cladoa Contracting Corporation JOHN J. CLARKS I' 'SIDuI T Au\jbri, IaN Signature /Title Notary Public • • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. Cleft CmhWng Corporation Bidder JOHN J. CLARKE CiTTHiT Au on Signature/ i� • 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 1982 City of Newport Beach Person to Contact Pat Dunnigan Telephone No. (714) 640 -2281 1982 City of Vernon 158 (213) 583 -8811 1982 Newport Beach, CA 92663 Les Ferree 1982 Palos Verdes Penn.Uni ie c Dist. i iam an ooyen 331 -0111 28 Crest Road W., Rolling Hills, CA.90274 (213) 377 -1511 1982 Miller Brewery Jo n S e ton 1540 Alcazar St., L.A., CA. 90033 (213) 15801 E. lst. St. Irwindale, CA. 91706 (213) 969 -6343 1982 City of L.A. Mike Palasti P.O.Box 2418 Term. Annex, L.A. CA. 90002 200 N. Spring St.,Los Angeles, CA 90012 (213) 989 -8773 1982 City of W. Covina Al Odei 1981 1444 W. 1444 W. Garvey, W. Covina, CA. 91790 (213) 962 -8631 1982 City of Vernon 158 (213) 583 -8811 1982 City of Covina Les Ferree 125 E. College St., Covina, CA. 91723 (213) 331 -0111 1981 L.A.CO. RD. DEPT. Ron Hoffman 1540 Alcazar St., L.A., CA. 90033 (213) 226 -8174 1982 L.A.Co. Flood Control Bert Gushum P.O.Box 2418 Term. Annex, L.A. CA. 90002 (213) 226 -4150 City of W. Covina Mac Winter 1981 1444 W. Garvey Ave. W. Covina, CA. 91790 (213) 962 -8631 1982 L.A.Co. Flood Cont. Tom Rossi P.O.Box 2418, Term. Annex, L.A., CA. 90002 (213) 226 -4150 City of So. Pasadena Mark Puglisi 1981 1414 Mission St.. So. Pasadena, CA. 91030 (213) 799 -9101 1981 City of L.A. 200 N. SDriT 213) 485 -3455 1980 State of Calif. J.R. Santos Dept, of Resources. P.O.Box 1112 Lancaster, CA. 93534 (805) 946 -1024 1981 City of San Juan Capistrano Smoky Lsh- - s 32400 Paseo Adelanta, San Juan, Ca. 92675 (714) 493 -1171 1980 City of Carson Fred Thompson 701 E. Carson-Sr. Carson, CA 90745 (213) 830 -7600 Clarke Coetmcting Corporation ulaaer JOHN J. CLARKL PRESIDENT _ Aut i e ignature /Title • TO FROM CITY COUNCIL Public Works Department SUBJECT: SEWER MAIN REPLACEMENT PROGRAM (C -2360) RECOMMENDATION: DISCUSSION: March 14, 1983 CITY COUNCIL AGEND &/ ITEM NO. G- APPROVED Award Contract No. 2360 to Clarke Contracting Corporation for $183,917.65 and authorize the Mayor and the City Clerk to execute the contract. At 11:00 A.M. on March 3, 1983, the City Clerk opened and read the following bids for this project: Bidder Low Clarke Contracting Corporation $183,917.65 • 2 Loant Construction 195,339.00 3 Robert G. Castongia, Inc. 214,279.60 4 P & J Utility Co. 226,661.00* 5 Dakovich & Son 227,937.00 6 Russco Construction 230,220.97 7 Gosh Construction 264,695.00 8 G. R. Frost, Inc. 312,250.00 ** 9 John T. Malloy, Inc. 322,615.00 10 Floyd Kordick (Joint Venture) 341,237.58 * ** 11 N. A. & J. Frank Artukovich (Joint Venture) 433,633.00 * Corrected bid total $226,706.00 ** Corrected bid total $316,080.00 * ** Corrected bid total $341,293.93 The low bid is 9% below the Engineer's estimate of $203,000. The low bidder, Clarke Contracting Corporation, is a well - qualified general contractor who has successfully completed previous contracts for the City. The project provides for construction of sewer mains to replace • deteriorated mains in the alleys and streets shown on the attached Exhibit "A ". All alleys involved in the project will be entirely reconstructed with Portland cement concrete as a portion of the project. As a maintenance project, the work is categorically exempt from Coastal development permit requirements per Section II.B.4 of "Interpretive Guidelines on Exclusions from Permit Requirements" issued by the California • • Page 2 City Council Agenda March 14, 1983 • - Sewer Main Replacement Program Coastal Commission. The project is also categorically exempt from pro- visions of the California Environmental Quality Act per Section 15101 of the Act. Funding for award is proposed from the following accounts: Description Street & Alley Resurfacing & Recon- struction 02- 3382 -015 $ 34,000 Sewer Main Replacement Program 02- 5582 -102 $169,000 Plans and special provisions for the project were prepared by the Public Works Department. The estimated date of completion is June 15, 1983. 41� a Ik4 Benjamin B. Nolan Public Works Department SJL:rb Att. M • • 3 MrsloE �I BQA r I S LAaNO y\ T cirY HALL v ,10 PROJEC.T LOCATION r �C Xz\ ROJECT t•,Soo f+' �` °O LOCATION �y 7- �< VV CJ LL UU EJJ < IL i, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER MAJN REPLACEMENT C- 23GO PROJECT - i LOCATION i Boo' /"- 8001 DRAWN S T I DATE APPROVED /- DRAWING NO. EXHlB! T ��A \\) M /» : \rn�\ g \ \} %> / ~5G 3� I \ \ � ■ ■ \ z Q ® % ƒ5\ >\ <w «w w rm § \\ / �mX G .. || C , / ƒ \ d ._ \\) M /» : \rn�\ g \ \} %> / ~5G 3� I \ \ � ■ ■ \ z Q mC-) —i zo- G) i r-, n rs n to Ln 1 0 CD c — 4 � i to J mo-i -- rn { t�I � � r � 4 0 F, F Fl ,J T" 1 Y CIO z� J ; I � I � • I I�� J r z J I I - mC-) —i zo- G) i r-, n rs n to Ln 1 0 CD c — 4 � i to J mo-i -- rn { t�I � � r � 4 0 THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 19SI, CASE NUMBER A-20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof an the following dates to-wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. ated at Newport Beach, California, this 'VI day of� , 19 �-'> �_1�J c Signature THE NEWPORT ENSIGN This space is for the County Clerk's Filing Stamp B1 r�ry�:% .�'''� A MY CLERK Proof of Publication of PROOF OF PUBLICATION n PUBLIC NOTICE NOTICE UPATDFO BIDE Scald bib may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92883 until 11:00 -AM. on the 3rd day of March, 1883, at which cunt mch Mds shall- be apsasd and read for SEWER MM Approved by the Ctty this 14th day of Felwaav the ataoge may coma rid documenar at no amt M of the Public Work, eat, 3300 Newport Newport Bowk Ca further inforalation, Call ay, Pro� EngLn —, at 18, '83 in The Newport NEISIS 0 APPROVED r FES 14 1 983 TO: CITY COUNCIL "y iho CITY t:vJ`dCIL FROM: Public Works Departure t P'FWl >�&T D�iACH SUBJECT: SEWER MAIN REPLACEMENT PROGRAM 1982 -83 (C -2360) RECO14MENDATIONS: 1. Approve the plans and specifications. February 14, 1983 CITY COUNCIL AGENDA ITEM NO. �- — 11Z 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on March 3, 1983. DISCUSSION: The project provides for the replacement of approximately 2000 lineal feet of deteriorated 8- inch - diameter sewer mains replacement of deteriorated sewer laterals, and reconstruction of alley improvements. (See attached exhibit for locations.) The sewer main and lateral replacements will (1) restore the original flow capacity to the main and (2) preclude the infiltration of groundwater and sand into the deteriorated main. Such infiltration has re- sulted in rapid wear of sewer pumps, and street surface settlements in recent years. The reconstruction of alley improvements will facilitate drainage and provide a smooth driving surface. The plans and specifications were prepared by the City. The Engineer's estimate is $203,000. Funds are available in the current annual sewer main replacement program, ($169,000), Account No. 025582102, and the street and alley resurfacing and reconstruction program ($34,000), Account No. 023382015. The estimated date of completion is June 15, 1983. Benjamin B. Nolan Public Works Director BBN:rb Att. e7J 4SL�AI D �; N >'RO�fc r a °D LOCATION 1p, . u 4u� J i v CrrY HALL �D �C �4V C� G D ;r 1 PROJFCc.T LOCATION C DC�Lj� Q ��V. �r i f PROVECr- \ LOCAT ION veecE- c! Li `c_' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEWER MAIN REPLACEMENT C— 2360 ! "= 800 DRAWN �l ! DATE _ APPROVED DRAWING NO. EX)VIB!i 'A ' ri %/7 J /Z�7C/a,401 22,7 12. �- 83 q /.7 �s 2 7 % �o IC7 (1 7l i {r 42 2z, L,/I, 22