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HomeMy WebLinkAboutC-1136 - VOIDOTY OF NEWPORT BEA(* Volume 21 - Page 32 Index August 14, 1967 COUNCILMEN With the unanimous consent of the Council, Mayor Gruber stated that the further reading of the ordinance was waived. Ordinance No. 1225 was adopted. Motion x Roll Call: Ayes xxxxxxx CONTINUED BUSINESS: 1. The matter of the appointment of members.of an Air Traffic Advisory Committee was postponed until the end of the meeting to be taken up in an Executive Motion x Session. Ayes x x x x x x x Mayor Gruber stated that because of the number of interested people in the audience and with the consent of the Council, the matter of sand erosion in West Newport would be taken up at that time. A memorandum from the Public Works Department dated August 14, 1967 regarding sand replenishment of West Newport ocean beach (C- 1142) was presented with a memorandum from the City Manager regarding decisions to be made by the City Council relative to the emergency beach erosion problem. Motion x e experimental groin installation was abandoned and the contract with Croft and Neville, Inc. , was cancelled, Ayes x x x x x x x subject to payment of $1, 261.44 to Croft and Neville for expensesincurred. Motion x Councilman Forgit made a motion to proceed with the emergency sand haul in the amount of 100, 000 cubic yards. Councilman Cook made a substitute motion to authorize the Motion x City Manager and the City Clerk to contract for the removal of 100, 000 cubic yards of sand from the peninsula area to the West Newport area to the lowest bidder, in the amount of $79, 500, and to incorporate into the resolution that the sand is being moved for the purpose of replacing a natural resource, i, e. , public beach; and Resolution No. 6624, a resolution of the City Council of the City of Newport Beach authorizing a public works contract for the replenishment of sand on the beach in the West Newport area of the City without compliance with the public bid requirements set forth in Section 1110 of the City Charter, Roll Call: was adopted. Ayes x x x x x x x Page 32 SURETY DEPARTMENT BOND No. 3914124 HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartford, Connecticut (A Stock Company) BID BOND Know All Men By These Presents, CROFT AND NEVILLE MARINE CONTRACTORS t INC. That we, 223 21ST STREET NEWPORT BEACH, CALIFORNIA as Principal, hereinafter called the Principal, and the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation created and existing under the laws of the State of Connecticut, whose principal office is in Hartford, Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEWPORT BEACH in the sum of as Obligee, hereinafter called the Obligee, TEN PERCENTUM OF TOTAL AMOUNT OF THE ACCOMPANYING BID IN - -- Dollars($ 10% of Bi4 for the payment of which sum, well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. P Whereas, the Principal has submitted a bid for CONTRACT #1136 CONSTRUCTION OF THREE 80 FOOT GROINS, WEST NEWPORT OCEAN BEACH GROINS 40TH & NEWPORT BEACH FRONT Now, Therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ... ................ .31S.T. ............................. day of ........... MLY ............................... Witness ........................... (If Individual) ..- ,....CROFT..AIQD NEVILLE..,MAR.IN..... .t39R RS,.IRQggAL) (Approved by The American Institute of ArchitMe, A. I. A. Document No. A-316, Sept 1963 Edition) Foam 84266 -2 Printed in U. S. A. 5261 BYC/Q=_c .... P <PE) _ .............. ..............................: HARTFORD ACCIDENT AANDININDEMNI, COMPANY ............... By..�'f.1rG1e ROBERT L. ROSSATTORNEY I- N -rA4T- 0 0 STATE OF CALIFORNIA as. COUNTY OF .... Los .... Angele- a. ... ......... On this ---- 3ls.tr ----- day of ...... tIUly- - ----------------- in the year one thousand nine hundred and. --------- b.7 ------------- ------------- before me, FRANK C, CALDy_V ; ;W ...................__... ......_. ..... ..._...- ....._.__, a Notary Public in and for said County, residing therein, duly O: FICIAL SEA^ L r_r r 1; C. CALOWCLL, JR. ' p e T' NOTA.,Y FUa!:C- CALIFORNIA PP,:NC:PAL OiYC: IN .#� LOS ANOELES CCUNTY My Comm:;:ion Expires Novem6er 6, 1970 x My Commission will Expire........... Ft S -M63 -0 Printed in U. S. A. 3-'67 commissioned and sworn, personally appeared.. - - -- Rol o rt- 1,-- 9 --- R09s ------ ------------ known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and also known to me to be the person...... who executed it on behalf of the Corporation therein named, and ......he...... acknowledged to me that such Corporation executed the same. �" �/ In wtiaa�d. W,11RlLR4-r I have hereunto set my hand and affixed my Official Seal, at my office, in the 'd County, the day year in this certificate first above written. Q 1, Notary Public iv avd for said Comty, State Cali(omia CITY OF NEWPORT BEACH WEST NEWPORT OCEAN BEACH GROINS CONTRACT NO. 1136 PROPOSAL TO THE CITY COUNCIL CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACHS CALIFORNIA GENTLEMEN: THE UNDERSIGNED DECLARES THAT HE HAS CAREFULLY EXAMINED THE LOCATION OF THE WORK, READ THE NOTICE INVITING BIDSS EXAMINED THE PLANS AND SPECIFICATIONSS AND HEREBY PROPOSES TO FURNISH ALL LABOR, MATERIALS., EQUIPMENTS TRANSPORTA- TION, AND SERVICES REQUIRED TO DO ALL THE WORK TO COMPLETE CONTRACT N0. 1136 IN ACCORDANCE WITH THESE PLANS, THE STANDARD DRAWINGS AND SPECIFICATIONS OF THE CITY OF NEWPORT BEACHS AND THE SPECIAL PROVISIONS, AND THAT HE WILL TAKE IN FULL PAYMENT THEREFOR THE FOLLOWING PRICE FOR THE ITEM COMPLETE IN PLACES TO WIT: QUANTITY ITEM DESCRIPTION UNIT TOTAL ITEM ND. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. :?4O CONSTRUCT TIMBER GROINS LINEAL FEET ® DOLLARS AND a� CENTS 600 -. PEIF&iNrAL FOOT TOTAL PRICE WRITTEN IN WORDS: ' DOLLARS ov AND o 0 CENTS TOTAL /S, 600 /G G G • PAGE 3 DESIGNATION OF SUB- CONTRACTORS THE UNDERSIGNED CERTIFIES THAT HE HAS USED THE SUB —BIDS OF THE FOLLOWING LISTED CONTRACTORS IN MAKING UP HIS BID AND THAT THE SUB — CONTRACTORS LISTED WILL BE USED FOR THE WORK FOR WHICH THEY BID, SUBJECT TO THE APPROVAL OF THE CITY ENGINEER, AND IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE SPECIFICATIONS. NO CHANGE MAY BE MADE IN THESE SUB — CONTRACTORS EXCEPT UPON THE PRIOR APPROVAL OF THE ENGINEER. a ITEM OF WORK SUB — CONTRACTOR ADDRESS 2 3. 4. 5- 6. 7 C 9. 10. II. 12. U HGR IZED SIGNATURE TYPE OF /ORGANIZATION (INDIVIDUAL, COPARTNERSHIP OR CORPCRATION) .�2 3 � •LT- -� Z/T%67 ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORK. AS INDICATED IN THIS PROPOSAL., TOMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER, IN CASE OF A DISCREPANCY BETWEEN WORDS AND FOGURESS, THE WORDS SMALL PREVAIL. IN CASE OF AN ERROR IN THE EXTENSION OF A UNIT .PRICES, THE CORRECTED EXTENSION SMALL BE CALCULATED AND THE BIDS WILL BE COMPUTED AS INDICATED ABOVE AND COMPARED ON THE BASIS.OF THE CORRECTED TOTALS. THE ESTIMATED QUANTITIES OF WORK INDACATED IN THIS PROPOSAL ARE APPROXIMATE ONLY., BEING GIVEN SOLELY AS A BASIS FOR COMPARISON OF BIDS. THE UNDER5IGNED HAS CHECKED CAREFULLY ALL OF THE ABOVE FIGURES AND UNDERSTANDS THAT THE CITY WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSRONS ON THE PART OF THE UNDERSIGNED IN MAKING UP THIS BIDo THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT WITH NECESSARY BONDS WITHIN TEN (10) DAYS, NOT INCLUDING SUNDAYS, AFTER HAVING RECEIVED NOTICE THAT THE CONTRACT IS READY FOR SIGNATURE' THE PROCEEDS OF CHECK OR BOND ACCOMPANY- ING THIS BID SHALL BECOME THE PROPERTY OF THE CITY OF NEWPORT BEACH. LICENSED IN ACCORDANCE WITH THE STATUTES OF THE STATE OF CALIFORNIA PROVIDING FOR THE REGISTRATION OF CONTRACTORS. LICENSE NO. _ t C �Z4 % CLASSIFICATION ,V-1 ACCOMPANYING THIS PROPOSAL IS k[.ASHp [.ERTIFOED [.HECK. [.ASMIER "S [.HECK OR IN AN AMOUNT NOT LESS THAN 10 PERCENT OF THE TOTAL BID PRICE. THE UNDERSIGNED IS AWARE OF THE PROVISIONS OF SECTION 3700 OF THE LABOR CODE WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FOR WORKMEN'S COMPENSATION OR TO UNDERTAKE SELF- UNSURANCE ON ACCORDANCE WITH THE PROVISIONS OF THAT CODE., AND AGREES TO COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING /THE PERFORMANCE OF THE WORK OF /TRH THIS CONTRACT. _ G> 7-5— — _-3 %ZFJ' - _ 0 . PHONE NUMBER BIDDER 'S NAME (SEAL) DATE AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE - / /C?�'..ao27 / 1�AG/ 1 ii7G /� �.e?On.,2 � ri .✓ IDDER °S ADDRESS �® /TYPE OF ORGANIZATION (INDIVIDUAL,, CORPORATION,, CO-PARTNERSHIP) LIST BELOW NAMES OF PRESIDENT,, SECRETARY,, TREASURER AND MANAGER OF A CORPORATION, AND NAMES OF ALL CO-PARTNERS IF A CO °PARTNERSHIP% I I� PAGE 9 NON- COLLUSION AFFIDAVIT THE BIDDERS, BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PRESLWt 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 ARRANGEMENT 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 AF- FIANTS OR EITHER OF THEM HAS NOT DIRECTLY OR INDIRECTLY, ENTERED INTO ANY ARRANGE- MENT 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 AT- TACHED 0105; 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 CONTRACTOR FROM CONSIDERING ANY BID FROM ANY SUBCONTRACTOR OR MATERIAL- MAN WHICH IS NOT PROCESSED THROUGH SAID BID DEPOSITORY, OR WHICH PREVENT ANY SUB- CONTRACTOR OR MATERIALMAN FROM BIDDING TO ANY CONTRACTOR WHO DOES NOT USE THE FACILITIES OF OR ACCEPT BIDS FROM OR THROUGH SUCH BID DEPOSITORY; THAT NO INDUCE- MENT OR ANY FORM OR CHARACTER OTHER THAN THAT WHICH APPEARS UPON THE FACE OF THE BID WILL BE SUGGESTED, OFFERED, PAID, OR DELIVERED TO ANY PERSON WHOMSOEVER TO INFLUENCE THE ACCEPTANCE OF THE SAID BID OR AWARDING OF THE CONTRACT, NOR HAS THIS BIDDER ANY AGREEMENT OR UNDERSTANDING OF ANY KIND WHATSOEVER, WITH ANY PERSON WHOMSOEVER 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 BY THISD AY OF y 19660 MY COMMISSION ExPIRES'- Luther H. FAahottey My Commission Expires nEC.28. 1967 q'� MOO / NOTARY PUBLIC NOTICE TO BIDDERS: • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 1136 CONTRACT DOCUMENTS FOR WEST NEWPORT OCEAN BEACH GROINS ADDENDUM NO. 1 PLEASE REVISE THE SPECIAL PROVISIONS.,-ITEM #111., TIME OF COMPLETION TO READ AS FOLLOWS: THE CONTRACTOR SHALL COMMENCE WORK IMMEDIATELY UPON EXECUTION OF THE CONTRACT BY THE CITY AND SHALL HAVE COMPLETED.ALL WORK OUTLINED HEREIN WITHIN THIRTY (30) CALENDAR DAYS THEREAFTER. THE AWARD OF THE CONTRACT WILL BE MADE THE SAME DATE AS THE RECEIPT OF THE BIDS. PLEASE SHOW DATE OF RECEIPT OF THIS ADDENDUM ON THE PROPOSAL SHEET OR INDICATE BY INSERTING A COPY OF THIS ADDENDUM WITH YOUR PROPOSAL. JULY 27, 1967 BENJAMIN B. NOLAN CITY ENGINEER CROFT $ NEVU1,E 223 -21st STREET NEWPORT BEACH, CALIF. 92660 16ITY OF NEWPORT BEA& COUNCILMEN Volume 21 - Wge 23 s Index July 24. 1967 ADDITIONAL BUSINESS: 1. Resolution No. 6620, authorizing a public works f contract for the construction of wooden groins to retard erosion of the West Newport ocean beach 4 without advertising for bids, was considered. i With the unanimous consent of the Council, Mayor C Gruber stated that the further reading of the reso- lution was waived. A discussion was had. Resolution No. 6620 was adopted, Motion x Roll Call: Ayes X x xxx Absent x BUDGET AMENDMENTS: The following Budget Amendments were approved: Motion x Ayes xx; xx xx Absent x C -11, $10,000 being an increase in Budget Appropri- ations and Revenue Estimates, Donations and Contri- butions, for improvement of Jamboree -Ford to Palisades (contribution of $10, 000 by Aeronutronics). C -12, $23, 000 being a transfer of Budget Appropri- ations from Unappropriated Contingency Reserve for emergency installation of three groins in West New - port Area to protect against beach erosion. COMMUNICATIONS - ADVISORY: 1. The following letters were ordered filed: Motion x Ayes X X X Absent x (a) Board and Commission letters regarding their elected officers for the fiscal year 1967 -68: (1) Planning Commission David W. Curtis, Chairman William B. Clark, 1st Vice Chairman John J. Jakosky, Jr., 2nd Vice Chairman Ray Y. Copelin, Secretary I Page 23 knD : mec 7/3 +/67 0 RESOLUTION NO, 6620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT MACH AUTHORIZING A PUBLIC WORKS CONTRACT FOR TILL CONSTRUCTION OF WOODEN GROINS TO RETARD EROSION OF THE WEST NEWPORT OCEAN BEACli WITHOUT ADVERTISING FOR BIDS WHEREAS. Section 1110 of the Charter requires every project for the construction or improvement of public works to be done by contract awarded to the lowest responsible bidder . after notice by publication; and WHEREAS, said section contains an exception authorizing a contract.without advertising for bids where such work is deemed by the City Council to be of urgent necessity for the preservation of life, health or property and is authorized by resolution by five affirmative votes of the Council and contains a declaration of the•facts constituting the urgency; and WHEREAS, during the month of July, 1967, severe erosion occurred on the beach in the West Newport area of the City; and WHEREAS, past records indicate that the beach in the West Newport area reaches its minimum annual width during the latter part of the month of November; and 9 WHEREAS, it is anticipated that a series of unusually high tides will take place during the period from July through November of this year which threaten to cause major property damage in the West Newport area; and WHEREAS, it has become apparent to the City Council that there is no assurance that financial aid for the purpose of com- bating beach erosion in the West Newport area will be available from the State or Federal governments in sufficient time to meet the emergency; and WHEREAS, the Public Works Director has recommended to the City Council that it take emergency action to cause the con- struction of wooden groins in the West Newport area to protect the beach from further erosion; i ♦ A NOWP THEREFORE, BE IT RESOLVED: 1. The City Council finds such work to be of urgent necessity for the preservation of life, health and property, 2. The City Manager is authorized to negotiate and execute on behalf of the City a contract- or contracts, as neces- sary, for the construction of wooden groins on the West: Net.rport ocean beach at'a cost not to exceed $25,000. This resolution was adopted by at least five (5) af- firmative votes of the City Council of the City of Newport Beach at a regular meeting held on the 24th day of July, 1967, by the following vote, to wit: AYES, COUNCIL1.1EN: Rogers, Parsons,_ Gruber Cook, Forgit, Shelton NOES, COUNCILMEN: None ABSENT COUNCILMEN: Marshall Mayor ATTEST: CCa.ty ter � � � � � � � | � | � • |�� �| | � | | \ � | , � . � � � . ` � © � . | � , � �.� � \ k�| � � - / to � § [ _ � �§ \| � \�f�� � \� � � [ \ �� � , � �� \� � � \ : � ° � . ~ j \ \ \| � .� � ` /� \| � | . � �� ! \� . | | | � �/| nee ,-O:� m %/ /u)7 rr. 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