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Home My WebLink AboutC-1142 - Sand replenishment of West Newport Ocean BeachLau". La ,"Los A 3300 Newport Blv-4 N"M t Beach, NOTICL OF PUBU To All Laborers and MztL rial Mou e Interested: 4o1//4/e67. /2 Bee )< NO pffj< /yo Other Per"! YOU WILL PLEASE TAKE NoTIA that on the Public Works Project cons' ;tin& 7 was the c—ontraci.or, I an was the surety, was c bwernity COMPMW CITY OF NEWPORT BEACH VERIFICATIO? 1, the undersigned, say: I am the Public Works Director of the City of Newport Mach; the foregoing Notice of Completigh is true of my own knowled , gO. I declare under penalty af perjury taut the foregoing is tr-us and correct. Executed on r,. at Newport Beach, California. Ma"ober 14, 1967 1, the undersigned, say- I M the City Clock of the coalkeil- of aswete? W, the dies ibed work as compleM and or &"M ths, a Notice of Completion be Med. I &MM MMWe enalty of perjury that the foregoing is true and correct. A Executed on at Newport'SoAch, California. November 14, 1967 ROO #2) Pt 6 E J t i' 1 DUNCIL FROM: Public Works Departmer .._SUBJECT: November. ;i SAND REPLENISHMENT -OF WEST NEWPORT OCEAN BEACH (Contract No Supplemental Contract Authorized by Resolution No. 6638) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk 3. Authorize the City Clerk 1142 and fi tice of Completion rel the bonds 35 days aftMWE _ 1 the Notice of Completiorr.is filed. 0 A DISUCSSION: This project provided for the removal p 150,000 cubic yards of sand.+ the peninsula beach to the beach in West Newport. The original contract, awa August 14, 1967, was for a quantity of 100,000._ _ yards. This quantity ater increased by 25,000 cubic yards by the Council) " ust 28, 1967, and by an ditional 25,000 cubic yards on September 7, 1967 by Res n No, 6638. The work was com- pleted on September 11, 1967. Based on the final cross - section measurements and computation the actual quantity of material moved was 152,402 cubic yards, and the total contra nt is $121,159.59. Although it was desired not_:to- exceed a quantity of 150,000 is yards moved, it was felt that the rapid erosion faking place as the work was bei completed made it undesirable to risk a substantial underrun in quantity. The final calculations disclosed an overrun of 1.6% or 2,402 cubic yards. At the contract price of $0.795 per cubic yard, this amounted to $1,909.59. A total of $141,375,00 is budgeted in Account No. 02 -4197 -165 for WWI erosion control. Of this amount $22,000 was budgeted for the City-share of twiT Phase 2 Federal project, leaving $119,375.00 available for the sand haul cont ct. Additional funds of $1,784.59 ($121,159 59 - $119,375.00 = $1,784.59):are needed Inasmuch as the City share of the Phase 2 Federal project is not yet precisely known, and the City sand haul project is considered to be a reimbursable part of Phase 2, it is recommended that the $1,784 59 needed be financed out of the $22,000.90 portion of the appropriation. No budget amendment will be needed if this procedure * followed. The contractor was the Altfillisch- Fulton Company of Anaheim. The Public Works Department found the contractor to be especially capable and efficient in performing the work. eph Devlin lic ks Director dg i C ITI C t L__IZ 1C PAGE II C O N T R A C T THIS AGREEMENT, MADE AND ENTERED INTO THIS 16 TO DAY DAY of September 196 7 , BY AND BETWEEN THE CITY OF NEWPORT BEACH; CALIFORNIA, HEREINAFTER DESIGNATED AS THE CITY, PARTY OF THE FIRST PART, AND ALTFILLISCH- FULTON COO HEREINAFTER DESIGNATED AS THE CONTRACTOR, PARTY OF•THE SECOND PART. WITNESSETH: THAT THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS; 1. FOR AND IN CONSIDERATION OF THE PAYMENTS AND AGREEMENTS HEREINAFTER MENTIONED TO BE MADE AND PERFORMED BY THE CITY, THE CONTRACTOR AGREES WITH THE CITY TO FURNISH ALL MATERIALS AND LABOR FOR THE CONSTRUCTION OF Additional Sand Replenishment on the Beach in the West Newport Area of the City as authorized by City Council Resolution No. 6638 AND TO PERFORM AND COMPLETE IN A GOOD AND WORKMANLIKE MANNER ALL THE WORK PERTAINING THERETO SHOWN ON THE PLANS AND SPECIFICATIONS THEREFOR; TO FURNISH AT HIS OWN PROPER COST AND EXPENSE ALL TOOLS, EQUIPMENT, LABOR, AND MATERIALS NECESSARY THEREFOR, (EX- CEPT SUCH MATERIALS, IF ANY) AS IN THE SAID SPECIFICATIONS ARE STIPULATED TO BE FUR- NISHED BY THE CITY), AND TO DO EVERYTHING REQUIRED BY THIS AGREEMENT AND THE SAID - - PLANS AND SPECIFICATIONS. Z. FOR FURNISHING ALL SAID MATERIALS AND LABOR, TOOLS AND EQUIPMENT, AND DOING ALL THE WORK CONTEMPLATED AND EMBRACED IN THIS AGREEMENT, ALSO FOR ALL LOSS AND DAMAGE ARISING OUT OF THE NATURE OF THE WORK AFORESAID, OR FROM THE ACTION OF THE ELEMENTS, OR FROM ANY UNFORESEEN DIFFICULTIES WHICH MAY ARISE OR BE ENCOUNTERED IN THE PROSECU- TION OF THE WORK UNTIL ITS ACCEPTANCE BY THE CITY, AND FOR ALL RISKS OF EVERY DE- SCRIPTION CONNECTED WITH THE WORK; ALSO, FOR ALL EXPENSES INCURRED BY OR IN CONSE- " QUENCE OF THE SUSPENSION OR DISCONTINUANCE OF WORK, EXCEPT SUCH AS IN SAID SPECIFI- CATIONS ARE EXPRESSLY STIPULATED TO BE BORNE BY THE CITY; AND FOR WELL AND FAITHFULLY COMPLETING THE WORK AND THE WHOLE THEREOF, IN THE MANNER SHOWN AND DESCRIBED IN THE SAID PLANS AND SPECIFICATIONS, THE CITY WILL PAY AND THE CONTRACTOR SHALL RECEIVE IN FULL COMPENSATION THEREFORE THE LUMP SUM PRICE, OR IF -THE BID IS ON THE UNIT PRICE BASIS, THE TOTAL PRICE FOR THE SEVERAL ITEMS FURNISHED PURSUANT TO THE SPECIFICATIONS, NAMED IN THE BIDDING SHEET OF THE PROPOSAL, AS THE CASE MAY BE., 3. THE CITY HEREBY PROMISES AND AGREES WITH THE SAID CONTRACTOR TO EMPLOY, AND DOES HEREBY EMPLOY THE SAID CONTRACTOR TO PROVIDE THE MATERIALS AND TO DO THE WORK ACCORDING TO THE TERMS AND CONDITIONS HEREIN CONTAINED AND REFERRED TO FOR THE PRICE AFORESAID, AND HEREBY CONTRACTS TO PAY THE SAME AT THE TIME, IN THE MANNER, AND UPON THE CONDITIONS SET FORTH IN THE SPECIFICATIONS; AND THE SAID PARTIES FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, DO HEREBY AGREE TO THE FULL PERFORMANCE OF THE COVENANTS HEREIN CONTAINED. 4. THE NOTICE TO BIDDERS, INSTRUCTIONS TO BIDDERS, CONTRACTORS PROPOSAL, AND THE PLANS AND SPECIFICATIONS, AND ALL AMENDMENTS THEREOF, WHEN APPROVED BY THE PAR - TIES HERETO, OR WHEN REQUIRED BY THE CITY IN ACCORDANCE WITH THE PROVISIONS OF THE PLANS AND SPECIFICATIONS, ARE HEREBY INCORPORATED IN AND MADE PART OF THIS AGREE= MENT. (The documents referred to herein shall consist of the "Contract Documents for Sand Replenishment of West Newport Ocean Beach - Third Contract 1967" and the unit price to be paid by the City for the work shall be the same as set forth in Contractors original bid.) 0 r err. 67 5. PURSUANT TO THE LABOR CODE OF THE STATE OF CALIFORNIA, THE CITY COUNCIL HAS ASCERTAINED THE GENERAL PREVAILING RATES OF PER ,DIEN WAGES FOR EACH CRAFT OR TYPE OF WORKMAN NEEDED TO EXECUTE THE CONTRACT AND A SCHEDULE CONTAINING SUCH INFORMATION IS INCLUDED IN THE NOTICE INVITING B165 AND IS INCORPORATED BY REFERENCE HEREIN. 4 PAGE 12 6. THE CONTRACTOR SHALL ASSUME THE DEFENSE OF AND INDEMNIFY AND SAVE HARMLESS THE CITYS THE DIRECTOR OF PUBLIC WORKS., AND THEIR OFFICERS AND EMPLOYEESP FROM ALL CLAIMSO LOSS, DAMAGES INJURYO AND LIABILITY OF EVERY KINDS NATURE, AND DESCRIPTION, DIRECTLY OR INDIRECTLY ARISING FROMTHE "PERFORMANCE OF THE CONTRACT OR WORKS REGARDLESS OF RESPONSI- BILITY FOR NEGLIGENCE; AND FROM ANY AND ALL CLAIMS., LOSS2 DAMAGES INJURY• AND LIABILITY HOWSOEVER THE SAME MAY BE CAUSED, RESULTING DIRECTLY OR INDIRECTLY FROM THE NATURE OF THE WORK COVERED BY THE CONTRACT, REGARDLESS OF RESPONSIBILITY FOR NEGLIGENCE. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS CONTRACT TO BE EXECUTED THE DAY AND YEAR FIRST ABOVE WRITTEN. ATTEST: CITY OF NEWPORT BEACHp CALIFOR BY: CITY MANAGER CITY CLERK ALTFILLISCH- FULTON CO. " 1 APPROVED AS TO FORM: 7� F CIT ATTORNEY (Execution of this contract by the City Manager authorized by Resolution No. 6638 adopted September 7. 1967.) i THS•mec ' ' 9/8/67 RESOLUTION NO. 6638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER TO ENTER INTO A PUBLIC WORKS CONTRACT FOR ADDITIONAL SAND REPLENISHMENT 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 WHEREAS, Section 1110 of the Charter requires every project for the construction or improvement of public works, when the total expenditure exceeds $5,000, to be done by contract awarded to the lowest responsible bidder after notice by publica- tion; 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 months of July and August, 1967, severe erosion occurred on the beach in the West Newport area of the City; and WHEREAS, at a regular meeting held on the 14th day of August, 1967, the City Council adopted Resolution No. 6624 authorizing an emergency public works contract for the sand re- plenishment of the West Newport ocean beach; and WHEREAS, the work called for under said emergency public works contract, which involved the transfer of approximately 125,000 cubic yards of sand to the beach area in jeopardy, was commenced on or about August 22, 1967, and completed on September 7, 1967; and WHEREAS, during the time said work was in progress, further severe erosion caused by offshore storms depleted the replenished beach areas to the extent that public and private property is again threatened with destruction; and WHEREAS, the City Council has determined that, unless it authorizes additional emergency sand replenishment in the area threatened by erosion, major damage to both public and private property will probably occur; NOW, THEREFORE, BE IT RESOLVED that the City Council finds that additional sand replenishment work is of urgent necessity for the preservation of life, health and property and hereby authorizes the City Manager to enter into a public works contract providing for further sand replenishment of the West Newport ocean beach up to a maximum of 25,000 cubic yards of sand or up to a maximum expenditure of $20,000, The City Council further finds and determines that such work and expenditure of funds is for the purpose of preserving and replacing a public natural resource, to wit: a public beach. This resolution was adopted by at least five (5) affir- mative votes of the City Council of the City of Newport Beach at a special meeting held on the 7th day of September, 1967, by the following vote, to wit: AYES, COUNCILMEN: Gruber, Marshall, Shelton, Forgit, Rogers NOES, COUNCILMEN: Cook, Parsons ABSENT COUNCILMEN: None ATTEST: City er yor 2, any or VITOT BLABS CITY XWMAXIMMAT September U. 1967 To: City Manager From: City Attorney Subject: Contract for additional sand repleniehment in the Wgti Newport Ara Transmitted are the original and four copies of the subject contradt..between the City and Altfillisch- Fulton Ca: which wa s auth6wi,�sed by Council Resolution No. 6638. This has been approved by me as to form and is in ordsx'ior execution by the parties. THS:mec Atts. ea - City Clery ✓ Public Works Director (Attention: lien Nolan) Tully H. Seymour City Attorney tptember 7, 1967 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH Contract 1142 RECOMMENDATIONS: If desired, authorize a change order increasing the contract quantity by 25,000 cubic yards, to approximately 150,000 cubic yards. DISCUSSION: The Standard Specifications require Council approval of contract extra work orders for more than $500.00. Between September 1, 1967 and September 4, 1967, the beach in West Newport was again attacked by southerly swells during a period of high tides. The tides ranged in height up to a maximum of 6.7 feet, and the surf reached a height of 8 - 10 feet. The surf was generated by the combined effects of two tropical storms; one located 6,000 miles southerly of Newport Beach in the latitude of New Zealand, and the other, Hurricane Katrina, located 1,000 miles southerly, off the Mexican coast. Hurricane Katrina was the same storm which later devastated the town of San Felipe, Mexico. Preliminary estimates indicate that as much as 50,000 to 70,000 cubic yards of sand were lost from the West Newport beach area during the period of attack, leaving a remaining beach width of only 6 to 8 feet for a considerable distance. It has not been possible under the present sand haul contract to restore even partially, the loss in beach width for the entire length of the eroded area. The material remaining under the contract has been placed in the area downcoast of 40th Street, leaving a very narrow beach between 40th and 43rd Streets. Recent word has been received of a new Mexican hurricane, designated Lilly, with winds of 65 to 70 knots. The effects of this storm are expected to reach Newport late Friday, and to continue for 3 to 4 days. An increase in the sand haul contract quantity would lessen the chance of another emergency situation occurring during the remaining 1z months of the erosional season. The additional cost, at the contract unit price of $0.795 per cubic yard, 1 $20,000.00. I ep T. Devlin li Wo ks Director /BBN g y Z �PHS•mec • 9/7/67 RESOLUTION NO. 6638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER TO ENTER INTO A PUBLIC WORKS CONTRACT FOR ADDITIONAL SAND REPLENISHMENT ON THE BEACH IN THE WEST NEWPORT AREA OF THE CITY WITHOUT COMPL�ANCE WITH THE PUBLIC BID REQUIREMENTS SET FORTH IN /SECTION 1110 OF THE CITY CHARTER // WHEREAS, Section 1110 of project for the construction or when the total expenditure exceeds awarded to the lowest responsible tion; and WHEREAS, said.sect a contract without advertis by the City Council to be of of life, health or property) Charter requires every of public works, ,000, to be done by contract idder after notice by publica- an exception authorizing for bids where such work is deemed necessity for the preservation is authorized by resolution by five affirmative votes o7nthe a Council and contains a declaration of the facts constitutinel.urgency; and WHEREAS, durin e �ponths of July and August, 1967, severe erosion occurred beach in the West Newport area of the City; and WHEREAS, at regular m eting held on the 14th day of August, 1967, the Cit Council ado p ed Resolution No. 6624 authorizing an emerg cy public work contract for the sand re- plenishment of the W st Newport ocean beach; and WHEREAS, he work called for nder said emergency public works contract, wh' h involved the trans er of approximately 125,000 cubic yard of sand to the beach ea in jeopardy, was commenced on or about August 22, 1967, and ompleted on September 7, 1967; and WHEREAS, during the time said work was in progress, further severe erosion caused by offshore storms depleted the replenished beach areas to the extent that public and private property is again threatened with destruction; and WHEREAS, the City Council has determined that,unless it authorizes additional emergency sand replenishment in the area threatened by erosion, major damage to both public and private property will probably occur; NOW, THEREFORE, BE IT RESOLVED that the City Council finds that additional sand plenishment work is of urgent necessity for the preservation of life, health and property and hereby authorizes the City MaAager to enter into a public works contract providing for further sand replenishment of the West Newport ocean beach or cubic yards of of $ 20,000.00.c The City Council fur up to a maximum of 25,000 to a maximum expenditure finds and determines that such work and expenditure of funds is;for the purpose of preserving and replacing a public natural resource, to wit: a public beach. This resolution was adopted by at least five (5) affir- mative votes of the City Council of the City of Newport Beach at a special meeting held on the 7th day of September, 1967, by the following vote, to wit: AYES, COUNCILMEN: Rogers, Marshall, Gruber, Forgit, Shelton NOES, COUNCILMEN: parsons, Cook ABSENT COUNCILMEN: None ATTEST: lga��x ✓'�;Lty Cierk -Mayor 2. CITY OF NEWPORT BEACH CITY ATTORNEY September 8. 1967 To: City Clerk From: City Attorney Subject: Resolution No. 6638 Transmitted is the subject resolution authorizing the City Manager to enter into a public works contract for additional sand replenishment on the beach in the West Newport area. This has been retyped in the form in which it was adopted by the City Council at the special meeting on September 7. 19672 and should be substituted for the resolution drafted 977/67. THS :mec Atts. cc - City Manager Public Works Director Tully Se City Attorney MAIL TQ Laura Iagios, A Clerk 3300 Newport Blvd. 1201 1 Newport Beach, Calif. NOTICE OF COMPLETION PUBLIC WORKS 8438 f 454 (RECORDED AT REQUEST OF IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIF. 9:05 AM 11+OV 16 1967 J. WYLIE CARLYLE, County Reorder FREE C4 To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on September 11, 1967 the Public Works project consisting of Sand Replenishment of West Newport Ocean Beach (C -1142) and Supplemental Contract Authorized by Resolution No. 6638 (C -1142 #2) on which was the was the CITY OF NEWPORT BEACH I, the undersigned, say: I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 14. 1967 at Newport Beach, California. I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on November 13. 1967 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 14, 1967 at Newport Beach, California. i Pltfillisch- Fulton Company 7082 Fee Ana kwhe" California 4L November 27, 1967 Subject: Surety : The Travelers indemnity Company. Bonds No. : 1411978. Project : Sand Replenishment West Newport Ocean Beach 1967 -68. Contract No: C- 1142 E C- 1142 #2. Gentlemen: The City Council. on November 13, 1967 accepted the work of subject projects and authorized the City Clark to file a Notice of Completion and to release the bonds 36 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange Canty Recorder on November 16, 1967, in Book No. 8438, Page No. 454. Please notify your surety company that bonds may be released 35 days after recording date. Very truly yours, Laura Lagios City Clerk City of Newport Reach ih cc: Public Works Deparbmnt 6 OL November 14, 1967 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Fhclosed with this letter is Notice of Completion of Public Works project consisting of Sand Replenishment of West Newport Beach (C -1142) and Supplemental Contract authorized by Resolution No. 6638 (C- 1142 02), on which Altfillisch- Fulton Company was the contractor and The Travelers Indemnity Company was the surety. Please record and return to us. Very truly yours, Laura Lagios City Clerk City of Newport Beach ;i ih Encl. ....rte. ,._... . ,i November 13, 1967 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (Contract No. 1142 and Supplemental Contract Authorized by Resolution No, 6638) RECOMMENDATIONS: 1. Accept the work, 2. Authorize the City Clerk 3. Authorize the City Clerk the Notice of Completion DISUCSSION: to file a Notice of Completion. to release the bonds 35 days after is filed. This project provided for the removal of 150,000 cubic yards of sand from the peninsula beach to the beach in West Newport, The original contract, awarded August 14, 1967, was for a quantity of 100,000 cubic yards, This quantity was later increased by 25,000 cubic yards by the Council on August 28, 1967, and by an additional 25,000 cubic yards on September 7, 1967 by Resolution No, 6638. The work was com- pleted on September 11, 1967: Based on the final cross - section measurements and computations, the actual quantity of material moved was 152,402 cubic yards, and the total contract payment is $121,159.59. Although it was desired not to exceed a quantity of 150,000 cubic yards moved, it was felt that the rapid erosion taking place as the work was being completed made it undesirable to risk a substantial underrun in quantity, The final calculations disclosed an overrun of 1.6% or 2,402 cubic yards. At the contract price of $0.795 per cubic yard, this amounted to $1,909,59., A total of $141,375.00 is budgeted in Account No, 02- 4197 -165 for beach erosion control. Of this amount $22,000 was budgeted for the City share of the Phase 2 Federal project, leaving $119,375.00 available for the sand haul contract. Additional funds of $1,784.59 ($121,159.59'- '$119',375.00 = $1,784.59) are needed. Inasmuch as the City share of the Phase.2 Federal project is not yet precisely known, and the City sand haul project it considered to be a reimbursable part of Phase 2, it is recommended that the $1,784.59 needed be financed out of the $22,000.00 portion of the appropriation, No budget amendment will be needed if this procedure is followed. The contractor was the Altfillisch- Fulton Company of Anaheim. The Public Works Department found the contractor to be especially capable and efficient in performing the work. COUNCIL: J TN/l f.Dev lin DISPOSITION: Ps Director &46— HccePTed FILE:d eiry tgzk AVT14 f/e /Yo Ti c of C0 Mop /< T %oi✓ Q ieg.cp '&O rV4 �So�yl 4f7-e 1e_ .l�V Ti C/G' Q/ Cna� p/e rro.Y AUGUST 28, 1967 &6 TO: CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: SAND REPLENISHMENT OF WEST NEWPORT BEACH, THIRD CONTRACT, 1967 (c -1142) RECOMMENDATION: AUTHORIZE AN INCREASE OF 25,000 CUBIC YARDS IN THE CONTRACT, TO A TOTAL OF 125,000 CUBIC YARDS. DISCUSSION: SUBSEQUENT TO PREPARATION AND AWARD OF THE CURRENT SAND REPLENISHMENT CON- TRACT, THE BEACH IN THE WEST NEWPORT AREA SUFFERED FURTHER LOSS OF SAND. THE EROSION, LASTING FROM AUGUST 15 TO AUGUST 22, RESULTED IN AN ADDITIONAL LOSS OF APPROXIMATELY 40,000 CUBIC YARDS OF SAND FROM THE AREA. ANALYSIS OF THE PRESENT STATE OF THE BEACH, AND OF THE ADDITIONAL EROSION WHICH CAN BE ANTICIPATED DURING THE NEXT 2 MONTHS, INDICATES THE DESIRABILITY OF INCREASING THE AMOUNT OF MATERIAL TO BE IMPORTED IN ORDER TO MINIMIZE THE POSSIBILITY OF A NEED FOR ANOTHER EMERGENCY SANDBAGGING EFFORT. THE EFFICIENT OPERATION OF THE CONTRACTOR AND THE REASONABLE UNIT PRICE FOR THE WORK ALSO FAVOR EXPANSION OF THE CURRENT PROJECT. IT SHOULD BE EMPHASIZED AGAIN THAT THE UNPREDICTABLE MATURE OF THE NATURAL FORCES INVOLVED PREVENTS 'A PRECISE DETERMINATION OF THE AMOUNT OF EROSION WHICH CAN BE ANTICIPATED. HOWEVER, IT IS FELT THAT THE RECOMMENDED INCREASE IN MATERIAL TO BE IMPORTED WILL PROVIDE REASONABLE ASSURANCE AGAINST THE OCCURRENCE OF ANOTHER EMER- GENCY SITUATION, AND WELL PROVIDE AN ADDITIONAL DEGREE OF PROTECTION IN THE EVENT THAT THE FEDERAL PROJECT IS NOT COMPLETED NEXT SPRING. AT THE CONTRACT UNIT PRICE OF $0.795 PER CUBIC YARD, THE ADDITIONAL COST FOR 25,000 CUBIC YARDS ;3F MATERIAL WILL BE $19,875, OR A TOTAL. CONTRACT COST OF APPROXIMATELY $99x375° THE CITY MANAGER WILL COMMENT ON THE FINANCING OF THE WORK. p "'m ml 1ASPOSITION: EVLIN S DIRECTOR v -2., .szj ett & Upaw� CERTIFICATE OF INSURANCE CITY OF NEWPORT BEACH ' CITY HALL 300 W. NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA THIS IS TO CERTIFY as to the existence at the date hereof of insurance with Harbor Insurance Company, as described below: Name of Assured: ALTFILLISCH— FULTON CO. Address of Assured: 7082 FEE ANA, ANAHEIM, CALIFORNIA JOB: SAN REPLENISHMENT OF WEST NEWPORT OCEAN BEACH, CONTRACT NO. 1142 Location of Risk: CALIFORNIA Kind of Insurance: COMPREHENSIVE LIABILITY,INCLUDING BROAD FORM PROPERTY DAMAGE,BLANKET CONTRACT - UAL,CONTRACTOR'S PROTECTIVE, PRODUCTS — COMPLETED OPERATIONS, AND AUTOMOBILE LIABILITY Policy No. 104465 period from 12/15/66 to 12/15/67 Limits: Bodily Injury each person $ 1009000.00 each accident $ 3009000.00 aggregate $ 300,000.00 Property Damage each accident $ 259000.00 aggregate $ 509000.00 IT IS AGREED THE CITY OF NEWPORT BEACH IS INCLUDED UNDER THE POLICY AS AN ADDITIONAL NAMED INSURED, BUT ONLY AS RESPECTS WORK PERFORMED UNDER CONTRACT NO. 1142 BY ALTFILLISCH — FULTON CO. FOR THE ACCOUNT OF SUCH ADDITIONAL INSURED. Kind of Insurance: APPROVED AS O FORM Policy No. period from Dated: tg /W6 % A CITY RjjjN��EY Limits: Bodily Injury each person g By each accident $ g gate $ Property Damage —each accident $ aggregate $ I IT IS HEREBY UNDERSTOOD AND AGREED THAT THE POLICY TO WHICH THIS CERTIFICATE REFERS MAY NOT BE CANCELLED, MATERIALLY CHANGED, NOR THE AMOUNT OF COVERAGE THEREOF REDUCED, NOR THE POLICY ALLOWED TO LAPSE UNTIL TEN (10) DAYS AFTER it Kind of Insurance: RECEIPT BY THE CITY CLERK OF THE CITY OF NEWPORT BEACH, CITY HALL, NEWPORT BEACH CALIFORNIA OF A REGISTERED WRITTEN NOTICE OF SUCH CANCELLATION OR Polic CIION IN COVE�AG£period from to Limits: It— �6- hefeAy- da9er�tead- an6- aBfeac�il tai- SHareriiii�.'+te.lwlapF*414Oe- BwarWw {1p}6ays vwfiter�wetise�efere -enY �eAuetfewe6eevetege fif- oenxilMionroF..., this- +newer.eews- efieeiive. it LOS ANGELES, CALIFORNIA this 16TH day of AUGUST, 1967 SWETT & CRAWFORD BY A —cX. ,-CFS f5M 7 -65 *welt & ]UPawth CERTIFICATE OF INSURANCE CITY OF NEWPORT BEACH CITY HALL 3300 W. NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA THIS IS TO CERTI FY as to the existence at the date hereof of insurance with Harbor Insurance Company, as described below: Name of Assured: ALTFILLISCH— FULTON CO. Address of Assured: 7082 FEE ANA* ANAHEIM, CALIFORNIA JOB: SAN REPLENISHMENT OF WEST NEWPORT OCEAN BEACH, CONTRACT NO, 1142 Location of Risk: CALIFORNIA Kind of Insurance: COMPREHENSIVE LIABILITY,INCLUDING BROAD FORK PROPERTY DAMAGE,BLANKET UAL,CONTRACTOR'S PROTECTIVE, PRODUCTS — COMPLETED OPERATIONS, AND AUTOMOBILE LIABILITY Policy No. 104465 period from 12/15/66 to 12/15/67 Limits Kind of Insurance: Limits Bodily Injury —each person $ 100*000.00 each accident $ 300,000.00 aggregate $ 1111004,000.00 Property Damage each accident $ 250000,00 aggregate $ 500000.00 IT IS AGREED THE CITY OF NEWPORT BEACH IS INCLUDED UNDER THE POLICY AS AN ADDITIONAL NAMED INSURED, BUT ONLY AS RESPECTS WORK PERFORMED UNDER CONTRACT N0, 1142 BY ALTFILLISCH— FULTON CO. FOR THE ACCOUNT OF SUCH ADDITIONAL INSURED, Policy No. APPROVED AS j0 FORM period from Dated: /b' 6? _tp`, CITY A NEY Bodily Injury each person $ AX each accident $ " 'TggY $ Property Damage —each accident $ aggregate $ IT IS HEREBY UNDERSTOOD AND AGREED THAT THE POLICY TO WHICH THIS CERTIFICATE REFERS MAY NOT BE CANCELLED, MATERIALLY CHANGED, NOR THE AMOUNT OF COVERAGE THEREOF REDUCED, NOR THE POLICY ALLOWED TO LAPSE UNTIL TEN (10) DAYS AFTER Kind of Insurance: RECEIPT BY THE CITY CLERK OF THE CITY OF NEWPORT BEACH, CITY HALL, NEWPORT BEACH CALIFORNIA OF A REGISTERED WRITTEN NOTICE OF SUCH CANCELLATION OR Polic#VXfION IN COVEAAGPperiod from to Limits: It is hwla tl;4� R- F--.- IY•YEiBiiIYE. Dated at LOS ANGELES, CALIFORNIA this 16TH day of AUGUST, 1967 _ SW.ETT & CRA9ff_ORD E BY A k..,. k �d»a: .. � �.. r «ally S<o« m . . � :5#e y.� ww�Ia G9 INSURACE COMPANY OF NORTH 41PVIERICA CERTIFICATE OF INSURANCE Mbio is; to Certifp to F CITY OF NEWPORT BEACH CITY HALL 3300 W. NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA L J that the following described policy or policies have been issued to Name and Address ALTFILLISCH - FULTON CO. of Insured— 7082 FEE ANA, ANAHEIM, CALIFORNIA covering in accordance with the terms thereof, at the following location(s); CALIFORNIA JOB: SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH, CONTRACT NO. 1142 TYPE OF POLICY X' POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Workmen's Statutory W. C. Compensation d X WC 677241 3/1/67 to $2,000,000. One Accident and Employers' Liability X 3/1/68 Aggregate Disease (b) General Liability Bodily Injury Premises - Operations $ Each Person Elevators Independent Contractors $ Each Accident /Occurrence Products Contractual $ Aggregate- Products Property Damage Premises - Operations AP ►ROVE (� FORM Each Accident /Occurrence Elevators Deed: � $� Aggregate- Prem.Oper. Independent Contractors .CITY O Aggregate. Protective Aggregate Products / $ - Products Contractual y ggregate- Contractual (c) Automobile Liability Bodily Injury Owned Automobiles ) $ Each Person Hired Automobiles l Non -owned Automobiles $ Each Accident /Occurrence Property Damage Owned Automobiles Hired Automobiles ` $ Each Accident/Occurrence Non -owned Automobiles ) (d) It is hereby unders ood nd agreed tha the policy t which this certificate refers may not be cancelle , ma erially Chang d, nor the a t of coverage thereof reduced, nor the policy allo ed t lapse until en (10) days after receipt by the City Clerk of the City of Newp rt B ach City Hal ,Newport Bea , California, of a registered i ten notice 'Insurance afforded only for hazards indicated by X. A- vs- �ke�wtewtic+r�eF.�ka 4w»pawr �lsoi�a_tka �wot..cf cenceblie »- et- u,e_palicy_cc. {�clici�lw- � -�sY, ten( -}4� keys- �wrttec++oiico.oE.wcb caorelatio�uriUJ�e Tfeven -fe yee vF+hrodelrr»�blede4w�e., LC�)i.e PRINTED Ix V. S.l1. INSURANCE COMP NORTH AMERICA ...................... .............'........ �:ti: .- b.............. LLER 6 Authorized Representative 1. ORIGINAL INSURINCE COMPANY OF NORTH IGWERICA CERTIFICATE OF INSURANCE Tbio io to QCertitp to CITY OF hC ?liRT VACt° C?TY Lr6LL 3300 im, z/t. :'a`I'ORT AUULCVARD NrVPaFT W -ACFt, CALIFOPNIA L that the following described policy or policies have been issued to Name and Address ALTFILLISCII— FULTON CO. of Insured— 7032 FEE AsA, A'N'AMIR, CALIrOW1"•iA J coveringg in accordance with the terms thereof, at the following locations): CALIFORRIA J nt 'SAND R ;Pig *iiI:,fi i€?iT OF D ' T ?MwpOkT OCEAN REACH, CWTWT RO. 1142 TYPE OF POLICY X" POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Workmen's Statutory W. C. Compensation d X MC 677281 3/1/67 to $2,000,000. One Accident and Employers' Liability x 3/1/6$ Aggregate Disease (b) General Liability Bodily Injury Premises - Operations $ Each Person Elevators Independent Contractors Products APPROVED AS/ Dated: g too O FORM ..e, $ Each Accident /Occurrence Contractual N Y $ Aggregate- Products CITY A -� -- Property Damage Premises - Operations / _ ..::...... ..... $ Each Accident /Occurrence Elevators _ $ Aggregate -Prem. Oper. Independent Contractors $ Aggregate - Protective Products $ Aggregate- Products Contractual $ Aggregate - Contractual (c) Automobile Liability Bodily Injury Owned Automobiles) Each Person Hired Automobiles l Non -owned Automobiles $ Each Accident /Occurrence Property Damage Owned Automobiles Hired Automobiles $ Each Accident /Occurrence Non -owned Automobiles (d) Tt is hereby undors oad d agreed tha the ;Policy t which this certificate refora ,say not be cancolle , toss rially Chang d, nor the also t of covers o thereof reduced, tor the POLICY allo J t lapse until (30) days after receipt by the City Clerk of the City of :tear written aotice o: rt I h ach City Hal , .11*wPcrt 504C d is . California, of a registered s c ce�latiats or tioa a +sera 'Insurance afforded only for hazards indicated by X. It is Me Intention of e company of conce atiion o>�e po i— ci y or i i , ten ays written no ice o suc canc"VlSfF6 '%TMe given to you at the address stotecr o ovef INSURANCE COMPA OF NORTH AMERICA Authorized Representative LC )f.> PRINTED IN J.S.A. �PY • PAGE I -A (SHEET I OF 2) CITY OF NEWPORT BEACH$ CALIFORNIA NOTICE INVITING BIDS SEALED BIDS WILL BE RECEIVED AT THE OFFICE OF THE CITY CLERKS CITY HALLS NEWPORT BEACH# CALIFORNIAN UNTILI0=0 .A.M.* ON THE 14TH DXY OF AUGUST ;,.o 1967S.AT WHICH TIME THEY WILL : BE OPENED AND READ# FOR PERFORMING WORK AS FOLLOWS: SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (THIRD CONTRACT - 1967) CONTRACT NO. 1112 NO BID WILL BE RECEIVED UNLESS IT 18 MADE ON A PROPOSAL FORM FURNISHED BY•TNE PUBLIC WORKSr" ''�• DEPARTMENT. . THE DOCUMENTS INCLUDED WITHIN THE SEALED BIDS MACH REQUIRE COMPLETION AND.EXECUTION.ARE THE FOLLOWING2 . PROPOSAL 2. PAGE - DESIGNATION OF SUB - CONTRACTORS 3+ PAGE 9 - NON- COLLUSIQN AFFIDAVIT _+ PAGE 10 - CONTRACTOR'S FINANCIAL STATUS THE DOCUMENTS SHALL BE AFFIXED WITH THE APPROPRIATE SIGNATURES AND.TITLES OF THE PERSONS SIGNING ON BEHALF OF THE BIDDER. FOR CORPORATIONSp THE SIGNATURES OF THE PRESIDENT OR VICE PRESIDENT AND SECRETARY OR ASSISTANT SECRETARY ARE REQUIRED AND THE CORPORATE SEAL SHALL BE AFFIXED TO ALL DOCUMENTS REQUIRING SIGNATURES. IN THE CASE OF A PARTNERSHIPS THE SIGNATURE OF AT LEAST ONE GENERAL PARTNER'IS REQUIRED. ALL BIDS ARE TO BE COMPARED ON THE BASIS OF THE ENGINEER'S ESTIMATE. THE ESTIMATED QUANTI- TIES ARE APPROXIMATE ONLYS BEING GIVEN SOLELY AS A BASIS FOR THE COMPARISON OF BIDS. NO BID WILL BE ACCEPTED FROM A CONTRACTOR WHO HAS NOT BEEN LICENSED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER go DIVISION 111 OF BUSINESS AND PROFESSIONS' CODE. THE CONTRACTOR SHALL STATE HIS LICENSE NUMBER AND CLASSIFICATION IN THE PROPOSAL. PLAN50 SPECIAL PROVISIONSp AND CONTRACT DOCUMENTS MAY BE OBTAINED AT THE PUBLIC WORKS DE- PARTMENTS CITY HALLS NEWPORT BEACH$ CALIFORNIA, AT NO COST TO LICENSED'CONTRACTORS. A NON- _ REFUNDABLE CHARGE OF $Z.00 WILL BE REQUIRED FOR EACH SET OF PLANSo SPECIAL PROVISIONS AND CONTRACT DOCUMENTS FOR OTHERS THAN LICENSED CONTRACTORS. IT Is REQUESTED THAT THE PLANS AND SPECIAL PROVISIONS BE RETURNED WITHIN 2 WEEKS AFTER THE BID OPENING. A NON - REFUNDABLE CHARGE OF *2.00 WILL BE REQUIRED FOR EACH SET OF CITY OF NEWPORT BEACH STATNDARD SPECIFICATIONS. THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY OR ALL BIOS AND TO'WAIVE ANY INFORMALITY IN SUCH BIDS. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1770 OF THE LABOR CODES THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HAS ASCERTAINED THE'QENERAL PREVAILING RATE OF'PER DIEM WAGES IN THE LOCALITY IN'WHICH THE WORK 'IS TO BE PERFORMEO'FOR EACH CRAFT ON .TYPE OF WORKMAN, OR MECHANIC NEEDED TO EXECUTE THE-CONTRACT AND HAS SET FORTH THESE ITEMS IN RESOLUTION N0, 6519. A COPY 7bF.SA1D RESOLUTION IS AVAILABLE IN THE OFFICE OF..TNE CITY CLERK.IN THE CITY OF NEWPORT. BEACH• i 2/7/67 • -ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORK AS INDICATED IN THIS PROPOSALS TIMES THE UNIT PAIGE AS SUBMITTED BY THE BIDDER, IN CASE OF A DISCREPANCY BETWEEN WORDS AND FIGURESp THE WORDS SMALL PREVAIL. IN CASE OF AN ERROR IN THE EXTENSION OF A UNIT PRICE, 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 INDICATED IN THIS. PROPOSAL ARE APPROXIMATE ONLY BEING GIVEN SOLELY AS A BASIS FOR COMPARISON OF BIDS, THE UNDERSIGNED HAS CHECKED CAREFULLY ALL OF THE ABOVE FIGURES AND UNDERSTANDS THAT THE CITY WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE PART OF THE UNDERSIGNED IN MAKING UP THIS BID. 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 SIGNATURES 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 CONTRACTORsi LICENSE N0. 247584 CLASSIFICATION A ACCOMPANYING THIS PROPOSAL IS CASH, CERTIFIED CHECKS CASHIER'S CHECK OR BOND 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 WORKMENtS COMPENSATION OR TO UNDERTAKE SELF- INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT CODES AND AGREES TO COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE WORK OF THIS CONTRACT.' 714 - "4_, PHONE NUMBER AUGUST 14, 1967 DATE ALTFILLISCH- FULTON CO. J.V. BIDDERS NAME (SEAL) AUTHORIZED SIGNATURE s ROST. E. FULTON AUTHORIZED SIGNATURE ANAHEIMO CALIF. 92806 CO- PARTNERSHIP .. BIDDER's ADDRESS TYPE OF ORGANIZATION (INDIVIDUAL., CORPORATIONS CO- PARTNERSHIP) LIST BELOW NAMES OF PRESIDENTS SECRETARY, TREASURER AND MANAGER,IF A CORPORATIONS AND NAMES OF ALL CO- PARTNERS IF A CO- PARTNERSHIPt RnRFRT F_ Fm Tnu , BERT C. ALTFILLISCH PARTNER • 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 BIDS SUBJECT TO THE APPROVAL OF THE CITY ENGINEERS 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. .. FS , ITEM OF WORK SUB - CONTRACTOR ADDRESS 2. 3• 4. NONE 5- I 7• 8. 9• 10. II. 12. ALTFILLISCH- FULTON..CO. - J.V. BIDDER'S NAME (s) ROST. E. FULTON AUTHORIZED SIGNATURE CO- PARTNERSHIP TYPE OF ORGANIZATION .t - (INDIVIDUAL,, COPARTNERSHIP OR CORPCRATION) i p 7082 FEE ANA ANAHEIMS CALIF.. 92806 ADDRESS _ .�.�. _ ,. .�.1, nu.. -� ..� .. Ste. r...w.•+..t %!1}�uvl -. e. wnk.atl,cv .-c h... .. a. t...�Y9�E.._:�').Y.`i BOND NO. 1411978 Fremiarn charged for t►tis Land r`> Lr= Ulj,ed;a that Ehovm on the Performance �E 5 . LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA,' BY MOTION ADOPTED AUGUST 14. 19 HAS AWARDED TO ALTFILLISCH- FULTON CO. 1', J.V. HEREINAFTER DESIGNATED AS THE "PRINCIPAL"" A CONTRACT FOR IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS AND OTHER CONTRACT DOCUMENTS ON FILE IN THE OFFICE OF THE CITY CLERK. 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 PERFORMANCE OF THE WORK AGREED TO BE DONE, OR FOR ANY WORK OR LABOR DONE THEREON OF ANY KIND, THE SURETY ON THIS BOND WILL PAY THE SAME TO THE EXTENT HEREINAFTER SET FORTH: NOW, THEREFORE, WE ALTFILLISCH— FULTON CO. — J.V. AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE CONTRACTOR AND THE TRAVELERS INDEMNITY COMPANY AS SURETY, ARE HELD FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF THIRTY NINE THOUSAND SEVEN HUNDRED FIFTY AND NO /100DOLLARS ($ 39,750.00 -- - --- -- SAID SUM BEING ONE -HALF OF THE ESTIMATED AMOUNT PAYABLE BY THE CITY OF NEWPORT BEACH UNDER THE TERMS OF THE-CONTRACTS 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 PERSON OR HIS SUBCON- TRACTORS., FAIL TO PAY FOR ANY MATERIALS, PROVISIONS, PROVENDER, OR OTHER SUPPLIES, OR TEAMS, USED INS 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 LABORS THAT THE SURETY dR SURETIES WILL PAY FOR THE SAME, IN AN AMOUNT NOT EXCEEDING THE SUM SPECI- FIED IN THE BOND, AND ALSO, IN CASE SUIT IS BROUGHT UPON THE BOND, A REASONABLE ATTORNEYS FEE, TO BE FIXED BY THE COURT, AS REQUIRED BY THE PROVISIONS OF SECTION 4204 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. U I LABOR AND MATERIAL BOND - CONTINUED) PAGE 6 THIS BOND SHALL INURE TO THE BENEFIT OF ANY AND ALL PERSONS COMPANIES AND CORPOR- ATION ENTITLED TO FILE CLAIMS UNDER SECTION 1192 -1 OF THE CODE OF CIVIL PROCEDURE SO AS TO GIVE A RIGHT OF ACTION TO THEM OR THEIR ASSIGNS IN ANY SUIT BROUGHT UPON THIS GONO2 AS REQUIRED BY THE PROVISIONS OF SECTION 4205 OF THE GOVERNMENT CODE OF, THE STATE OF CALIFORNIA. AND THE SAID SURETY, FOR VALUE RECEIVED] HEREBY STIPULATES AND AGREES THAT NO CHANGES. EXTENSION OF TIMES 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 BONDS AND IT DOES HEREBY WAIVE NOTICE OF ANY SUCH CHANGES EXTENSION OF TIMES ALTERATIONS OR ADDITIONS TO THE TERMS OF THE CONTRACTOR OR TO THE WORK OR TO THE SPECIFICATIONS. IN THE EVENT THAT ANY PRINCIPAL ABOVE NAMED EXECUTED THIS BOND.AS AN INDIVIDUALS IT.. IS AGREED THAT THE DEATH OF ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY FROM ITS OBLIGATIONS UNDER THIS BOND. IN WITNESS WHEREOFs THIS INSTRUMENT HAS BEEN DULY EXECUTED BY THE PRINCIPAL ANn SURETY ABOVE NAMED ON THE .17th DAY OF August , 196 7 . Bert C. ident (SEAL) THE TRAVELERS INDEMNITY COMPANY (SEAL/ f SEAL) APPROVED AS TO F RMI URETY B. MILLER - Attorney-in-Fact- i v/ C Y ATTO Y i THIS.BOND WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MOTION ON i i DATE State of California l County of Los Angeles J i On this 17th day of August , 19-0-, before me personally came to me known, who being by me duly sworn, did depose and say: that he is an Attomeyll) -in -Fad of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. C , / 1 mil NE! OFFICIAL SEAL MARY K. McCARTHY NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY I • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT v BOND NO. 1411978 PREMIUMS $795.00 PAGE 7 WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA, BY MOTION ADOPTED AUGUST 14, 1967 HAS AWARDED TO ALTFILLISCH - FULTON CO. - J.V. HEREINAFTER DESIGNATED AS THE "PRI-NCIPAL", A CONTRACT FOR SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH - C -1142 IN THE CITY OF NEWPORT BEACH, IN STRICT CONFORMITY WITH THE DRAWINGS AND SPECIFI- CATIONS AND OTHER CONTRACT DOCUMENTS NOW ON FILE IN THE OFFICE OF THE CITY CLERK OF THE CITY OF NEWPORT BEACH. WHEREAS, SAID PRINCIPAL HAS EXECUTED THE TERMS THEREOF REQUIRE THE FURNISHING SAID CONTRACT; OR IS ABOUT TO EXECUTE SAID CONTRACT AND A SOND'FOR THE FAITHFUL PERFORMANCE OF. NOW, THEREFORE, WE, ALTFILLISCH - FULTON CO. - J.Y. AS PRINCIPAL, HEREINAFTER DESIGNATED AS THE "CONTRACTOR °, AND THE TRAVELERS INDEMNITY COMPANY AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF NEWPORT BEACH, IN THE SUM OF THIRTY NINE THOUSAND SEVEN HUNDRED FIFTY AND No /1000LLARS ($ 39*750.00 ---- - - - - -- SAID SUM BEING EQUAL TO 50% OF THE ESTIMATED AMOUNT OF THE CONTRACT, TO BE PAID f;0 THE SAID CITY OR ITS CERTAIN ATTORNEY, ITS SUCCESSORS, AND ASSIGNS; FOR WHICH PA!_ MENT, WELL AND TRULY TO BE MADE, WE BIND OURSELVES, OUR HEIRS, EXECUTORS AND AD-1 MINISTRATORS, SUCCESSORS OR ASSIGNS, JOINTLY AND SEVERALLY,. FIRMLY BY THESE PRE- SENTS. 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, CONDITIONS AND AGREEMENTS IN THE SAID CONTRACT AND ANY ALTERATION THEREOF MADE AS THEREIN PRO- VIDED 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. 1 '1., f 11 (PERFORMANCE BOND - CONTINUED) PAGE S AND SAID SURETY, FOR VALUE RECEIVEDS HEREBY STIPULATES AND AGREES THAT NO CHANGE] EXTENSION OF TIMES ALTERATION OR ADDITION 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 CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE TERMS OF THE CON- TRACT 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 ON ANY SUCH PRINCIPAL SHALL NOT EXONERATE THE SURETY FROM ITS OBLIGATIONS UNDER THIS BOND. . IN WITNESS WHEREOFO THIS INSTRUMENT HAS BEEN DULY EXECUTED BY'THE PRINCIPAL AND SURETY ABOVE NAMED, ON THE 17th DAY OF August , 1967 . APPROVED AS TO FARM: i 7J , - L- CIT ATTORN I I THE TRAVELERS INDEMNITY COMPANY (SEALT (SEALY URETS B. MILLER - Attorney -in -Fact 1 .. State of California County of Los Angeles } u. On this 17th day of August 1967 , before me personally come JAY B. MILLER to me known, who being by me duly sworn, did depose and say: that he is an Attomey(*in -Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name OMctnr seAr ! MARY K. MCCARTHY jr, NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY MARY *Y.. • . PAGE 9 NON- COLLUSION AFFIDAVIT THE BIODERS� BY ITS OFFICERS AND AGENTS OR REPRESENTATIVES PREs&44T AT THE TIME OF FILING THIS BID) BEING DULY SWORN ON THEIR OATHS_SAY� THAT NEITHER THEY NOR ANY OF THEME HAVE IN ANY WAYS 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 EA THER 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 BIDS THAT NO DID 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.DEPOSITORYO 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, OFFEREDj 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 PAYS DELIVER TO) OR SHARE WITH ANY OTHER PERSON IN ANY WAY OR MANNER2 ANY OF THE PROCEEDS OF THE CONTRACTS SOUGHT BY THIS BID. SUBSCRIBED AND SWORN TO BEFORE ME BY ALTFILLISCH- FULTON CO. J.Y. (s) ROOT. E. FULTON THIS i I DAY OF Aimaiar , 1967 196L. MY COMMISSION EXPIRES: MY COMMISSION EXPIRES FEB. 3, 1968 (S) GLENN O. PERRY NOTARY PUBLIC FOR'ORIGINAL SEE CIO CLERK'S FILE PAGE We BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE (THE BIDDER IS REQUIRED TO STATE WHAT WORK OF A SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT HE HAS SUCCESSFULLY PERFORMED AND GIVE REFERENCE WHICH WILL ENABLE THE CITY COUNCIL TO JUDGE HIS RESPONSI,BILITY.s EXPERIENCED SKILLs.AND BUSINESS STANDING.) THE UNDERSIGNED SUBMITS HEREWITH A STATEMENT OF HIS FINANCIAL RESPONSIBILITY. THE UNDERSIGNED SUBMITS BELOW A STATEMENT OF THE WORK OF SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT WHICH HE HAS SUCCESSFULLY PERFORMED. CORP8 OF ENGINEERS ORANGE COUNTY FLOOD CONTROL DEPARTMENT STATE OF CALIFORNIA BOND CAPACITY 174.000,000 CALIFORNIA DIVISION OF HIGHWAYS PRE — QUALIFIED 131000.000 SIGNED • PAGE II 1 C O N T R A C T THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF ! 196Z_, BY AND BETWEEN THE CITY OF NEWPORT BEACHO CALIFORNIA! HEREINAFTER VESIGNATED AS THE CITY, PARTY OF THE FIRST PART, AND ALTFILLISCII- FWLTOlI CO - .i Y HEREINAFTER DESIGNATED AS THE CONTRACTOR, PARTY OF,THE SECOND PART. WITNESSETH: THAT THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS; I. FOR AND IN CONSIDERATION OF THE PAYMENTS AND AGREEMENTS HEREINAFTER MENTIONED TO BE MADE AND PERFORMED BY THE CITY, THE CONTRACTOR AGREES WITH THE CITY TO .FURNISH ALL MATERIALS AND LABOR FOR THE CONSTRUCTION OF AND TO PERFORM AND COMPLETE IN A GOOD AND WORKMANLIKE MANNER ALL THE WORK PERTAINING THERETO SHOWN ON THE PLANS AND SPECIFICATIONS THEREFOR; TO FURNISH AT.HIS OWN PROPER COST AND EXPENSE ALL TOOLS, EQUIPMENT, LABOR, AND MATERIALS NECESSARY THEREFOR, (EX- CEPT SUCH MATERIALS, IF ANY) AS IN THE SAID SPECIFICATIONS ARE STIPULATED TO BE FUR- NISHED BY THE CITY), AND TO DO EVERYTHING REQUIRED BY THIS AGREEMENT AND THE SAID PLANS AND SPECIFICATIONS. 2. FOR FURNISHING ALL SAID MATERIALS AND LABOR, TOOLS AND EQUIPMENT, AND DOING ALL THE WORK CONTEMPLATED AND EMBRACED IN THIS AGREEMENT, ALSO FOR ALL LOSS AND DAMAGE ARISING OUT OF THE NATURE OF THE WORK AFORESAID, OR FROM THE ACTION OF THE ELEMENTS, OR FROM ANY UNFORESEEN DIFFICULTIES WHICH MAY ARISE OR BE ENCOUNTERED IN THE PROSECU- TION OF THE WORK UNTIL ITS ACCEPTANCE BY THE CITY, AND FOR ALL RISKS OF EVERY DE- SCRIPTION CONNECTED WITH THE WORK; ALSO, FOR ALL EXPENSES INCURRED BY OR IN CONSE- " QUENCE OF THE SUSPENSION OR DISCONTINUANCE OF WORK,'EXCEPT SUCH AS IN SAID SPECIFI- CATIONS ARE EXPRESSLY STIPULATED TO BE BORNE BY THE CITY; AND FOR WELL AND FAITHFULLY COMPLETING THE WORK AND THE WHOLE THEREOF, IN THE MANNER SHOWN AND DESCRIBED IN THE SAID PLANS AND SPECIFICATIONS, THE CITY WILL PAY AND THE CONTRACTOR SHALL RECEIVE IN FULL COMPENSATION THEREFORE THE LUMP SUM PRICE, OR IF THE BID IS ON THE UNIT PRICE BASIS, THE TOTAL'PRICE FOR THE SEVERAL ITEMS FURNISHED PURSUANT TO THE SPECIFICATIONS, NAMED IN THE BIDDING SHEET OF THE PROPOSAL, AS THE CASE MAY BE. 3. THE CITY HEREBY PROMISES AND AGREES WITH THE SAID CONTRACTOR TO EMPLOY, AND DOES HEREBY EMPLOY THE SAID CONTRACTOR TO PROVIDE THE MATERIALS AND TO DO THE WORK ACCORDING TO THE TERMS AND CONDITIONS HEREIN CONTAINED AND REFERRED TO FOR THE PRICE AFORESAID, AND HEREBY CONTRACTS TO PAY THE SAME AT THE TIME, IN THE MANNER, AND UPON THE CONDITIONS SET FORTH IN THE SPECIFICATIONS; AND THE SAID PARTIES FOR THEMSELVES, . THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, DO HEREBY AGREE TO THE FULL PERFORMANCE OF THE COVENANTS HEREIN CONTAINED. 4. THE NOTICE TO BIDDERS, INSTRUCTIONS TO BIDDERS, CONTRACTORS PROPOSAL, AND THE PLANS AND SPECIFICATIONS, AND ALL AMENDMENTS THEREOF, WHEN APPROVED BY THE PAR- TIES HERETO, OR WHEN REQUIRED BY THE CITY IN ACCORDANCE WITH THE PROVISIONS OF THE PLANS AND SPECIFICATIONS, ARE HEREBY INCORPORATED IN AND MADE PART OF THIS AGREE= MENT. 2/7/67 0 is PAGE 12 5• PURSUANT TO THE LABOR CODE OF THE STATE OF CALIFORNIAN THE CITY COUNCIL HAS ASCERTAINED THE GENERAL PREVAILING RATES OF PER DIEM WAGES FOR EACH CRAFT OR TYPE OF WORKMAN NEEDED TO EXECUTE THE CONTRACT AND A SCHEDULE CONTAINING SUCH INFORMATION IS INCLUDED IN THE NOTICE INVITING BIDS AND IS INCORPORATED BY REFERENCE HEREIN. 6. THE CONTRACTOR SHALL ASSUME THE DEFENSE OF AND INDEMNIFY AND SAVE HARMLESS THE CITYS THE DIRECTOR OF PUBLIC WORKSy AND THEIR OFFICERS AND EMPLOYEES2 FROM ALL CLAIMS, LOSS2 DAMAGE, INJURYS AND LIABILITY OF EVERY KINDS NATURES AND DESCRIPTIONS DIRECTLY OR INDIRECTLY ARISING FROMTHE:PERFORMANCE OF THE CONTRACT OR WORKS REGARDLESS OF RESPONSI- BILITY FOR NEGLIGENCE AND FROM ANY AND ALL CLAIMSO LOS32 DAMAGES 1NJURYO AND LIABILITY HOWSOEVER THE SAME MAY BE CAUSEDO RESULTING DIRECTLY OR INDIRECTLY FROM THE NATURE OF THE WORK COVERED BY THE CONTRACTS REGARDLESS OF RESPONSIBILITY FOR NEGLIGENCE. IN WITNESS WHEREOFS THE PARTIES HERETO HAVE CAUSED THIS CONTRACT TO BE EXECUTED THE DAY AND YEAR FIRST ABOVE WRITTEN. ATTEST: CITY CLERK APPROVED AS TO FORM: ,CITY RNEY O ] iowo 1' p� i U� ALTFILLISCH - FULTON CO., Joint Venture CONTRACTOR BY: BY: ALTFILLISCH ITLE i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR CONTRACT NO. 114 SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (THIRD CONTRACT..- 19671 I. SCOPE OF WORK THE WORK TO BE DONE UNDER THI3 CONTRACT CONSISTS OF EXCAVATING TRANS- PORTINGO AND PLACING SAND IN THE OCEAN BEACH AREA OF THE CITY OF NEWPORT BEACH AND THE FURNISHING OF ALL LABORS EQUIPMENTS TRANSPORTATIONS WATER AND MATERIALS NECESSARY TO COMPLETE ALL THE WORK AS SHOWN ON THE PLANS CITY OF NEWPORT BEACH DRAWING NO- M- 5098 -SO AND IN ACCORDANCE WITH THE . STANDARD SPECIFICATIONS OF THE CITY OF NEWPORT BEACH AND THESE SPECIAL PROVISIONS. II. TIME OF COMPLETION THE CONTRACTOR SHALL COMPLETE THE WORK WITHIN 35 CALENDAR DAYS FROM y AWARD OF THE CONTRACT BY THE CITY COUNCIL. AWARD OF THE CONTRACT BY THE CITY COUNCIL IS EXPECTED TO BE MADE ON AUGUST 14, 1967- WORK SHALL COMMENCE WITHIN 7 DAYS AFTER AWARD OF THE CONTRACT -AT A RATE WHICH WILL PROVIDE FOR COMPLETION AS REQUIRED. III. WORKING HOURS ALL HAULING OPERATIONS SHALL BE CONDUCTED ON WEEKDAYS BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P-M- UNLESS WRITTEN APPROVAL OF EXCEPTION IS GIVEN BY THE CITY. SATURDAY AND SUNDAY OPERATIONS WILL NOT BE PERMITTED WITH- OUT PRIOR WRITTEN APPROVAL FROM THE CITY. IV.. SCHEDULE OF WORK THE CONTRACTOR SHALL MEET WITH THE ENGINEER PRIOR TO COMMENCING WORK Ta SCHEDULE THE PROJECTS TO DISCUSS PHASES OF THE WORK AFFECTING PUBLIC CONVENIENCES AND TO DISCUSS AND CLARIFY THE METHOD FOR COMPUTINQ QUANTITIES TO BE USED AS THE BASIS FOR PAYMENT. • V. TRAFFIC CONTROL ALL HAULING OF SAND BETWEEN THE EXCAVATION OR BORROW AREA AND THE FILL AREA SMALL BE ACCOMPLISHED ALONG THE BEACH. THE CONTRACTOR SHALL LIMIT THE MAXIMUM &PEED OF HIS VEHICLES T015 MILES PER HOUR WITHIN 100 FEET I ., e .. .. .tl 5 1 tiI „t: LUlil I�.. It lrl +lt.. i•. q i .'rib � , +.... .tt • • SP2 DF 4 OF THE NEWPORT OCEAN PIER. IF NECESSARY FOR SAFE PASSAGE UNDER THE PIER, ^-.',,�..•�: A LOWER SPEED SHALL BE USED. as THE CITY WILL FURNISH AND POST SIGNS CLOSING THE BEACH TO THE PUBLIC DURING THE CONTRACTORS WORKING HOURS. IN ADDITION, CITY PERSONNEL WILL BE PROVIDED TO PATROL THE HAUL ROAD ON THE BEACH TO ASSIST THE CONTRACTOR IN MAINTAINING THE WORK AREAS AS CLEAR OF THE PUBLIC AS _ IS REASONABLY POSSIBLE. HOWEVER, IT WILL BE THE CONTRACTORtS RESPONSI- SILITY TO TAKE ANY PRECAUTIONS NECESSARY TO PREVENT INJURY TO ALL PERSONS AND THE CONTRACTOR SHALL CONDUCT HIS WORK IN A SAFE AND ORDERLY MANNER AT ALL TIMES. THE. CITY DOES NOT GUARANTEE THAT THE HAUL ROAD AND WORK SITES CAN BE KEPT COMPLETELY CLEAR OF THE PUBLIC. V1. EXCAVATION A. THE CONTRACTOR SHALL EXCAVATE WITHIN THE LIMITS OF THE BORROW AREAS AND IN ACCORDANCE WITH THE TYPICAL CROSS - SECTIONS AS SHOWN ON THE PLAN* B. THE EXCAVATION IN THE BORROW AREAS SHALL BE DISTRIBUTED THROUGHOUT . THE LENGTH OF THE PIT IN ORDER TO ACHIEVE A UNIFORM CROSS - SECTION AND PROFILE UPON COMPLETION OF THE WORK. C, SIDE SLOPES.SHALL.BE MAINTAINED.AT ALL TIMES SO THERE IS NO DANGER TO THE PUBLIC. OUTSIDE OF THE IMMEDIATE WORKING AREA ALL SIDE SLOPES SHALL BE FLATTENED SUFFICIENTLY SO THAT THERE WILL BE NO DANGER OF CHILDREN TUNNELING INTO THE SLOPES. D. AT THE OPTION OF THE CONTRACTOR, THE BORROW AREA MAY BE PRE — WETTED 'TO FACILITATE EXCAVATION. NO SEPARATE PAYMENT WILL BE MADE FOR WATERING. V11. FILL THE FILL SHALL Be PLACED WITHIN THE LIMITS OF THE FILL AREA AS SHOWN ON THE PLAN. THE CONTRACTOR SHALL PLACE THE FILL SO AS TO ACHIEVE A UNIFORM DISTRIBUTION OF MATERIAL THROUGHOUT THE FILL AREA AND A UNIFORM CROSS- . SECTION OF THE BEACH AREA, WITH AN APPROXIMATE MINIMUM TOP WIDTH AS SHOWN IN THE TYPICAL CROSS— SECTION. IT IS THE INTENTION OF THESE SPECIFICATIONS THAT THE CONTRACT PROVIDE FOR THE TRANSFER OF APPROXIMATELY 70,000 OR 100,000, CUBIC YARDS OF SAND, AND RESULT IN A UNIFORM WIDTH OF BEACH BETWEEN THE LIMITS INDICATED. IT MAY THEREFORE BE-NECESSARY TO ADJUST THE CROSS- SECTION WIDTHS SHOWN BECAUSE OF CONDITIONS CAUSED BY NATURAL SAND EROSION OR DEPOSITION IN THE FILL-AREA. 0 V11W BASIS OF PAYMENT THE QUANTITY OF SAND TO BE USED AS THE BASIS FOR PAYMENT WILL BE THE IN SITU VOLUME OF THE MATERIAL REMOVED FROM THE BORROW AREA AS CAL - CULATED BY THE AVERAGE -END -AREA METHOD FROM CROSS- SECTIONAL MEASURE- , MENTS. MEASUREMENTS IN THE VERTICAL PLANE WILL BE MADE TO THE NEAR - EST 0.1 FOOT. THE ENTIRE BORROW AREA WILL BE CROSS - SECTIONED IMMED- IATELY PRIOR TO COMMENCEMENT OF WORK AND WILL BE CROSS- SECTIONED AT CONVENIENT INTERVALS THEREAFTER. TO FACILITATE THIS CROSS - SECTIONING, THE CONTRACTOR SHALL DRESS UP THE EXCAVATION AREA AS REQUESTED BY THE ENGINEER. ALL CROSS - SECTIONING PLOTTING AND QUANTITY COMPUTATIONS WILL BE ACCOMPLISHED BY THE CITY AND SHALL BE THE OFFICIAL BASIS FOR SAND EXCAVATION AND PLACEMENT PAYMENT. TO CORROBORATE THE ABOVE DESCRIBED METHOD OF CALCULATING THE QUANTITY OF SAND EXCAVATED.,.A COUNT OF THE LOADS HAULED MAY BE TAKEN BY THE' ENGINEER. THE CONTRACTOR SHALL CLEARLY MARK EACH OF HIS TRANSPORTING - VEHICLES WITH A NUMBER THAT CAN BE EASILY SEEN BY THE PERSON TAKING - .. THE LOAD COUNT. A LIST OF THE CONTRACTORS HAULING VEHICLES SHOWING THE CORRESPONDING NUMBER AND MANUFACTURERS RATED CAPACITY SHALL BE FURNISHED TO THE ENGINEER. THE ENGINEER AND THE CONTRACTOR SHALL MEET PRIOR TO BEGINNING WORK AND ESTABLISH ADJUSTED QUANTITIES FOR THOSE VEHICLES WHOSE CAPACITY IS INCREASED BECAUSE OF SIDEBOARDSO " HEAPING0 ETC- IN ADDITIONX.A SHRINKAGE OR FLUFFING FACTOR SHALL BE APPLIED TO EACH LOAD TO REFLECT THE UNIT VOLUME DIFFERENCE OF THE SAND ' IN -PLACE ON THE BEACH AND LOADED IN THE HAULING VEHICLES. THE QUANTITY OF SAND TO BE COMPARED AS A BASIS OF PAYMENT SHALL THEN BE CALCULATED BY TOTALING EACH LOAD TIMES ITS ADJUSTED VOLUME MINUS THE FLUFFING FACTOR. TO CHECK FOR FULLNESS OF LOADSg VEHICLES MAY BE RANDOMLY STOPPED AND LEVELED WITH ABOARD TO-DETERMINE WHAT PERCENTAGE OF THE TRANSPORTING VEHICLES CAPACITY IS ACTUALLY BEING USED. A CORRECTION FACTOR SHALL BE ESTABLISHED AND SHALL BE APPLIED TO THE LOAD VOLUME COMPUTED AS PREVIOUSLY DESCRIBED. IT IS EMPHASIZED THAT THE BASIS FOR PAYMENT, OF SAND EXCAVATION AND PLACEMENT QUANTITIES SHALL BE CALCULATED FROM THE CROSS- SECTION DATA OF.THE IN SITU MATERIAL. THE LOAD COUNT WILL BE USED FOR CHECKING AND COMPARING PURPOSES ONLY. IX. PROTECTION OF PROPERTY IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT BOTH PRIVATE AND PUBLIC PROPERTY ADJACENT TO THE WORKING AREAS. REPAIR OF ANY DAMAGE SUSTAINED SHALL BE MADE BY THE CONTRACTOR AT HIS OWN EXPENSE. X. CLEAN -UP IN ADDITION TO THE NORMAL CLEAN -UP REQUIRED BY THE STANDARD SPECIFICATIONS THE CONTRACTOR SMALL GRADE THE BORROW AND FILL AREAS AND THE -HAUL ROAD TO A REASONABLY SMOOTH AND EVEN CONDITIONS FREE OF PRONOUNCED HILLSO HOLLOWS AND RIDGES. ALL MATERIAL USED BY THE CONTRACTOR NOT CONSTITUTING NORMAL . BEACH SAND SHALL BE REMOVED FROM THE SITEi,. r . -. ' SP� of 4 . XI. PAYMENT i THE UNIT PRICE BID FOR THE SAND EXCAVATION AND PLACEMENT SHALL INCLUDE FULL COMPENSATION FOR ALL LABORS EQUIPMENT AND MAtERIALSO INCLUDING WATERS NECESSARY FOR THE COMPLETION OF ALL THE WORK INCLUDING CLEAN-UP* PAYMENT FOR ALL INCIDENTAL ITEMS OF WORK SHALL BE INCLUDED IN THE UNIT , PRICE BID FOR THE SAND EXCAVATION AND PLACEMENT. ;:X119 BONDS ' NO BIDDERS BOND WILL BE REQUIRED. BOTH THE FAITHFUL PERFORMANCE BOND AND THE LABOR AND MATERIALS BOND WILL BE REQUIRED AS PROVIDED BY THE STANDARD SPECIFICATIONS..,; I I. 1 I i I P NOTICE TO BIDDERS: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS - T413 SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (T)iIRD CONTRACT) C -1142 ADDENDUM NO. 1 PLEASE REVISE THE SPECIAL PROVISIONS AS FOLLOWS: DELETE THE FIRST SENTENCE OF ITEM II, TIME OF COMPLETION. ADD, "THE CONTRACTOR SHALL COMPLETE THE WORK UNDER ALTERNATE A WITHIN 35 CALENDAR DAYS AND UNDER ALTERNATE B WITHIN 45 CALENDAR DAYS FROM THE DATE OF AWARD OF THE CONTRACT BY THE CITY COUNCIL." PLEASE SHOW DATE OF RECEIPT OF THIS ADDENDUM ON THE PROPOSAL, OR INDICATE RECEIPT BY INSERTING A COPY OF THIS ADDENDUM WITH YOUR PROPOSAL. BENJAMIN B. NOLAN v.1 CITY ENGINEER Yt 8/11/67 THSomec • 8/16/67 RESOLUTION N0, 6624 0 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 WHEREAS, Section 1110 of the Charter requires every project for the construction or improvement of public works, when the total expenditure exceeds $5,000, to be done by contract awarded to the lowest responsible bidder after notice by publica- tion; 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 July and the first half of August, 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 WHEREAS, it is anticipated that a series of unusually high tides will take place during the period from August 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 replenish the threatened beach in the West Newport area with sand; NOW, THEREFORE, BE IT RESOLVED that the City Council finds such work to be of urgent necessity for the preservation of life, health and property and hereby awards a contract for "Sand Replenishment of West Newport Ocean Beach (Third Contract 1967)" to A1tfillisch- Fulton Co. for the contract price specified. in its informal bid dated August 14, 1967. The City Council further finds and determines that such work and expenditure of funds is for the purpose of preserving and replacing a public natural resource, to wit: a public beach. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a formal contract based upon said bid, This resolution was adopted by at least five (5) affir- mative votes of the City Council of the City of Newport Beach at a regular meeting held on the 14th day of Auguste 19679 by the following vote, to wit: ATTEST: tyCer AYES, COUNCILMEN: Rogers, Parsons, Marshall, Gruber, Cook, Forgit, Shelton NOES, COUNCILMEN: None ABSENT COUNCILMEN: 2e Mayor None I a r D r Z a 11 N 0 0 0 2 m F Ax (n Z y rl z ur,_ uru11 n A N � Nm xams:a Ul o 0 o _ m + i Z n 1 � r Z z n a m Oo a Z m c a � � a n z O m n Z I Ywen �YI��R�I�II� IIIIaYInNI�AIA IIIR�I�I�R Illl�lld�ll it bl� IdIIIAlANI1111R1lIAI� IY��II�B mnxunnewnYni n mv -�r IroI__i_ g ■I r r c� (n Z y rl z n A N � Nm Ul o 0 o _ m + i Z n 1 � r Z z n a m Oo a Z m c a � � a n z O m n Z mv -�r IroI__i_ g ■I r r c� TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. 1142 0 Date August 18, 1967 Authorized by Resolution No. 6824 , adopted on August 14, 1967 Date Mayor and City Clerk executed Contract August 18, 1967 Effective date of Contract August 18, 1967 Contract with Altfillisch•Palton ComOany Address 708 !N Ana Anaheim, California 92806 Brief description of Contract g&Wd Baylenishment of Nast Newport Ocean Beach 1967.68 Amount of Contract $790500.00 City Clerk i LL :ih Att: PUBLIC WOM MARTAM Attn: Dorok wbite City Clerk CONTRACT $0. 1162 August 18. 1967 Attacbed are two executed copies of subject contract for Sand Replenishment of Vest Newport Ocean Bomb (3rd contract) for your department and for transadttal to the contractor. Laura Lagios J 0 0 Aw CONTRACT NO. 1142 CITY OF NEWPORT BEACH CONTRACT DOCUMENTS FOR SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (THIRD CONTRACT) 1967 . ALTFILLI S�'��- FULTON - 7082 FEE ANA STRF�I NAHEIM. CALIFORNIA °2805 • 0 • PAGE I -A (SHEET I OF 2) CITY OF NEWPORT BEACH., CALIFORNIA .NOTICE INVITING BIDS SEALED BIDS WILL BE RECEIVED AT THE OF p ICE OF THE CITY CLERK, CITY HALL, NEWPORT BEACH, CALIFORNIA, UNTIL�IO :00 A.M., ON THE 14TH DdY OF AUGUST , 1967, AT WHICH TIME THEY WILL BE OPENED AND READ, FOR PERFORMING WORK AS FOLLOWS: SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (THIRD CONTRACT - 1967) CONTRACT NO. 1142 NO BID WILL BE RECEIVED UNLESS IT IS MADE ON A PROPOSAL FORM FURNISHED BY THE PUBLIC WORKS DEPARTMENT. THE DOCUMENTS INCLUDED WITHIN THE SEALED BIDS WHICH REQUIRE COMPLETION AND EXECUTION ARE THE FOLLOWING: I. - PROPOSAL 2. PAGE 3 - DESIGNATION OF SUB- CONTRACTORS s PAGE 9 - NON- COLLUSION AFFIDAVIT PAGE IO - CONTRACTOR'3 FINANCIAL STATUS THE DOCUMENTS SHALL BE AFFIXED WITH THE APPROPRIATE SIGNATURES AND.TITLES OF THE PERSONS SIGNING ON BEHALF OF THE BIDDER. FOR CORPORATIONS, THE SIGNATURES OF THE PRESIDENT OR VICE PRESIDENT AND SECRETARY OR ASSISTANT SECRETARY ARE REQUIRED AND THE CORPORATE SEAL SHALL BE AFFIXED TO ALL DOCUMENTS REQUIRING SIGNATURES. IN THE CASE OF A PARTNERSHIP, THE SIGNATURE OF AT LEAST ONE GENERAL PARTNER 13 REQUIRED. ALL BIDS ARE TO BE COMPARED ON THE BASIS OF THE ENGINEERS ESTIMATE. THE ESTIMATED QUANTI- TIES ARE APPROXIMATE ONLY, BEING GIVEN SOLELY AS A BASIS FOR THE COMPARISON OF BIDS. NO BID WILL BE ACCEPTED FROM A CONTRACTOR WHO HAS NOT BEEN LICENSED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 9., DIVISION III OF BUSINESS AND PROFESSIONS' CODE. THE CONTRACTOR SHALL STATE HIS LICENSE NUMBER AND CLASSIFICATION IN THE PROPOSAL. PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS MAY BE OBTAINED AT THE PUBLIC WORKS DE- PARTMENT, CITY HALL., NEWPORT BEACH, CALIFORNIA, AT NO COST TO LICENSED CONTRACTORS. A NON- REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF PLANS, SPECIAL PROVISIONS, AND CONTRACT DOCUMENTS FOR OTHERS THAN LICENSED CONTRACTORS. IT IS REQUESTED THAT THE PLANS AND SPECIAL PROVISIONS BE RETURNED WITHIN 2 WEEKS AFTER THE BID OPENING. A NON - REFUNDABLE CHARGE OF $2.00 WILL BE REQUIRED FOR EACH SET OF CITY OF NEWPORT BEACH STATNDARD SPECIFICATIONS. THE CITY OF NEWPORT BEACH RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE ANY INFORMALITY IN SUCH 8103. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1770 OF THE LABOR CODE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HAS ASCERTAINED THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN THE LOCALITY IN WHICH THE WORK IS TO BE PERFORMED FOR EACH CRAFT OR TYPE OF WORKMAN OR MECHANIC NEEDED TO EXECUTE THE CONTRACT AND HAS SET FORTH THESE ITEMS IN RESOLUTION NO. 6519. A COPY �rr SAID RESOLUTION IS AVAILABLE IN THE OFFICE OF. THE CITY CLERK IN THE CITY OF NEWPORT BEACH. • 0 1B THE FOLLOWING IS THE SCHEDULE OF PREVAILING WAGE RATES, 1966 -67, FOR A SELECTIVE LIST OF CLASSIFICATIONS. TOGETHER WITH THE INFORMATION INCLUDED IN RESOLUTION No. 6519 9 THIS SCHEDULE•IS TO BE CONSIDERED APART OF THESE CONTRACT SPECIFICATIONS. PREVAILING WAGE.RATES - 1966 -67 CLASSIFICATION (SELECTIVE LISTING) (5/i 66 1 6 CARPENTERS 4.83 CEMENT MASON JOURNEYMAN 4.60 4.84 LABORERS GENERAL OR CONSTRUCTION 3.70 3 85 ASPHALT RAKER & IRONER 3.91 4.06 FLAGMAN 3.70 3.85 GUINEA CHASER r.78 .9 LAYING OF ALL NON - METALLIC PIPE 4.01.1 TUNNEL CLASSIFICATIONS VIBRATORMAN, JACK HAMMER, PNEUMATIC TOOLS, (EXCEPT DRILLER) 4. 15 4.4445 OPERATING ENGINEERS 1 66 6 1 OILER AND SIGNALMAN (GROUP 1) 3 53 SKIPLOADER (LESS 314 YD.) (GROUP 2) N2 4.77 RODMAN AND CHAINMAN (GROUP .,3). 4.86 5.01 INSTRUMENTMAN (GROUP 4) 4.97 5.12 GRADE CHECKER (GROUP 5 5.1 5.31 PAVEMENT - BREAKER OPERATOR SSGROUP 5) 5.16 5. 31 GRADE -ALL OPERATOR (GROUP tl) 5.26 5.41 TEAMSTERS (5/1/66) 1 61) DUMP TRUCK DRIVER (LESS THAN 4YDS) • 35 x•50 WATER TRUCK DRIVER (2500 GAL. TO 4000 GAL.) 4.53 4.68 BUILDING AND CONSTRUCTION TRADES (5/1/66) (5/1/67) BRICKLAYER Si. STONE MASON 15 5.15 ELECTRICIAN 1 66 1 - 6 ) JOURNEYMAN WIREMAN 11 •55 4) LATHER PAINTERS 71 Z661 (711/67) JOURNEYMAN - SPRAY 5.22 5.33 PIPE TRADES PLUMBER 5.55 5.64 ANY CLASSIFICATION OMITTED HEREIN SHALL BE THE PREVAILING CRAFT RATE. OVERTIME, - SUNDAY AND HOLIDAY RATES ARE AT PREVAILING CRAFT RATES. CITY OF NEWPORT BEACH, CALIFORNIA LAURA LAGIOS, CITY CLERK i., 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH CONTRACT NO. 1142 PROPOSAL TO THE CITY COUNCIL CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH., CALIFORNIA GENTLEMEN: 0 THE UNDERSIGNED DECLARES THAT HE HAS CAREFULLY EXAMINED THE LOCATION -OF THE PROPOSED WORK., HAS EXAMINED THE PLAN AND SPECIAL PROVISIONS., HAS READ THE NOTICE INVITING BIDS., AND HEREBY AGREES TO FURNISH ALL LABOR.,. MATERIALS., EQUIPMENT., TRANSPORTATION., AND SERVICES TO DO ALL THE WORK REQUIRED TO COMPLETE CONTRACT NO. 1144 IN ACCORDANCE WITH CITY OF NEWPORT BEACH DRAWING NO. M- 5098 -5., THE CITY STANDARD SPECI- FICATIONSO AND THE SPECIAL PROVISIONS., AND THAT HE WILL TAKE IN FULL PAYMENT THEREFOR THE FOLLOWING UNIT PRICES FOR EACH COMPLETED ITEM OF WORK., TO WIT: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE ALTER— SAND EXCAVATION AND PLACEMENT NATE A 70 .,000 C.Y. @ `7((� DOLLARS AND- _ _ CrPF% `/— IHC -cLJ CENTS PER CUBIC YARD ALTER- SAND EXCAVATION AND PLACEMENT NATE B 100,000 C.Y. @ i U DOLLARS AND J c �L/ CENTS %, PER CUBIC YARD . • PR2or2 ALTERNATE A TOTAL PRICE WRITTEN IN WORDS DOLLARS AND TOTAL G_ C= /-27117- Y - T�-L CENTS ALTERNATE 8 TOTAL PRICE WRITTEN IN WORDS DOLLARS AND at/a/u'TY 4�/Ll 00 CENTS TOTAL 7g S )o C-_ : 2/7/67 i • ALL BIDS ARE TO BE COMPUTED ON THE BASIS OF THE GIVEN ESTIMATED QUANTITIES OF WORK AS INDICATED IN THIS PROPOSAL2 TIMES THE UNIT PRICE AS SUBMITTED BY THE BIDDER. IN CASE OF A DISCREPANCY BETWEEN WORDS AND FIGURES THE WORDS SHALL PREVAIL. IN CASE OF AN ERROR IN THE EXTENSION OF A UNIT,PRICEI THE CORRECTED EXTENSION SHALL 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 INDICATED IN THIS PROPOSAL ARE APPROXIMATE ONLYP BEING GIVEN SOLELY AS A BASIS FOR COMPARISON OF BIDS. THE UNDERSIGNED HAS CHECKED CAREFULLY ALL OF THE ABOVE FIGURES AND UNDERSTANDS THAT THE CITY WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE PART OF THE UNDERSIGNED IN MAKING UP THIS BID. THE UNDERSIGNED AGREES THAT IN CASE OF DEFAULT IN EXECUTING THE REQUIRED CONTRACT WITH NECESSARY BONDS WITHIN TEN (IO) DAYSy NOT INCLUDING SUNDAYS AFTER HAVING RECEIVED NOTICE THAT THE CONTRACT IS READY FOR SIGNATURES 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 CONTRACTORS2 LICENSE N0. ZL / 7J3 �z CLASSIFICATION Id ACCOMPANYING THIS PROPOSAL IS CASH CERTIFIED CHECK, CASHIER'S CHECK OR BOND IN AN AMOUNT NOT LESS THAN IO 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- INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT CODES AND AGREES TO COMPLY WITH SUCH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE WORK OF THIS CONTRACT. PHONE NUMBER DATE n BIDDER'S NAME (SEAL) �J'n ✓/� /�L %i`9 C, i%G //=. 1�O�ti< t�e.*�i�`iir��-i z'z5 - BIDDER'S ADDRESS TYPE OF ORGANIZATION . (INDIVIDUAL, CORPORATION, CO- PARTNERSHIP) z LIST BELOW NAMES OF PRESIDENTS SECRETARY TREASURER AND MANAGER IF A CORPORATION AND NAMES OF ALL CO- PARTNERS IF A CO- PARTNERSHIP: if O%C =.erT L 1"U�. 7-,) iy ,�l'/�i2 Z /tu Ems. ii ,tl I` STATE OF CALIFORNIA, ss. COUNTY OF Orangre 1 ON u�ust 11 lg 6% before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Fulton known to me to be the of the _'.ltfillisch— Fulton Co. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. Commission Expires Feb. 3, 1468 WITNESS my hand and official seal. �p ! MY f � i x1Lnn ( _ ': Fir,•.. NAME (TYPED OR PR TED) Notary Public in and for said State. ACKNOWLEDGMENT— CorpoRtiol Wolootts Form 222—Rev. 3fi4 GLEN d O PERRY NC�WtY FU iC CUIIC;NIA ORANGE C: UrviY Robert E. Fulton known to me to be the of the _'.ltfillisch— Fulton Co. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. Commission Expires Feb. 3, 1468 WITNESS my hand and official seal. �p ! MY f � i x1Lnn ( _ ': Fir,•.. NAME (TYPED OR PR TED) Notary Public in and for said State. ACKNOWLEDGMENT— CorpoRtiol Wolootts Form 222—Rev. 3fi4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NOTICE TO BIDDERS: CONTRACT DOCUMENTS FOR SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (THIRD CONTRACT) C -1142 ADDENDUM NO. 1 PLEASE REVISE THE SPECIAL PROVISIONS AS FOLLOWS: DELETE THE FIRST SENTENCE OF ITEM Ily TIME OF COMPLETION. ADDy 01THE CONTRACTOR SHALL COMPLETE THE WORK UNDER ALTERNATE A WITHIN 35 CALENDAR DAYS AND UNDER ALTERNATE B WITHIN 45 CALENDAR DAYS FROM THE DATE OF AWARD OF THE CONTRACT BY THE CITY COUNCIL-'I PLEASE SHOW DATE OF RECEIPT OF THIS ADDENDUM ON THE PROPOSALy OR INDICATE RECEIPT BY INSERTING A COPY OF THIS ADDENDUM WITH YOUR PROPOSAL. BENJAMIN B. NOLAN wt CITY ENGINEER III 8/11/67 .v v f •,/ /6i aT // Tc,F� i•L a /i'�/ CAL /f I if r DESIGNATION OF SUB - CONTRACTORS PAGE 3 THE UNDERSIGNED CERTIFIES THAT HE HAS USED THE SUB -BIDS OF THE FOLLOWING LISTED CONTRACTORS IN MAKING UP HIS 810 AND THAT THE SUB' - CONTRACTORS LISTED WILL BE USED FOR THE WORK FOR WHICH THEY B:D, SUB,ECT *0 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 CITY COUNCIL CF THE CITY OF NEWPORT BEACH. ITEM OF WORK I. 2. 3 4e 5 6. SUB - CONTRACTOR ADDRESS TYPE OF ORGANIZATION (INDIVIDUAL, COPARTNERSHIP OR CORPORATION) O� ADORE SS PAGE •9 NON- COLLUSION AFFIDAVIT THE.BIDDERSy 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 ARRANGEMENT OR AGGREMEN'T 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 AT?ACHEO 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 CONTRACTOR FROM CONSIDERING ANY BID FROM ANY SUBCONTRACTOR OR MATERIALMAN WHICH IS NOT PROCESSED THROUGH SAID BID DEPOSITORY, OR WHICH PRE- VENT ANY SUBCONTRACTOR 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 INDUCEMENT 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 WOMSOEVER 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 T I S__Z_�_,DA'Y OF , 196, MY COMMISSION ExPIRES: lAy comm e� - �--2 NOTARY PUBLIC: / GLE;4H O FE' t � R3 ORANb_ C..UNiY mow, v ..-- :r.i- r-�'v -•,. - .. --►.r E 0 ALTFILLISCH - FULTON CO. GENERAL ENGINEERING CONTRACTORS 7082 FEE ANA STREET PHONE: (714) 524 -1500 ANAHEIM, CALIFORNIA 92808 August 11, 1967 City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California Re: Sand Replenishment of West Newport Ocean Beach Contract #1142 Gentlemen: This letter is to fulfill the requirements of page 10, Bidders Statement of Financial Responsibility and Technical Ability and Experience for the above mentioned project. We presently have a contract with the Corps of Engineers for approximately 2,500,000 cubic yards of sand removal from the San Gabriel River (Whittier Narrows Dam to Florence). Have also at various times done work for the Orange County Flood Control Department (Santa Ana River), Regarding financial responsibility, we presently have a bond capacity of $14,000,000 with the State of California and are prequalified with California Division of Highways, $13,000,000. We feel that this should be suffcient information, however, should you desire any more, please let us know. Very truly yours, ALTFILLISCH -FF 0 Robert E, ulton, Secretary REF:g i BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE PAGE 10 THE BIDDER IS REQUIRED TO STATE WHAT WORK OF A SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT HE HAS SUCCESSFULLY PERFORMED AND GIVE REFERENCE WHICH WILL ENABLE THE CITY COUNCIL TO JUDGE HIS RESPONSIBILITY, EXPERIENCE, SKILL AND BUSINESS STANDING.) THE UNDERSIGNED SUBMITS HEREWITH A STATEMENT OF HIS FINANCIAL RESPONSIBILITY. THE UNDERSIGNED SUBMITS BELOW A STATEMENT OF THE WORK OF SIMILAR CHARACTER TO THAT INCLUDED IN THE PROPOSED CONTRACT WHICH HE HAS SUCCESSFULLY PERFORMED. ' SP1F of 4 X1. PAYMENT THE UNIT PRICE BID FOR THE SAND EXCAVATION AND PLACEMENT SHALL INCLUDE FULL COMPENSATION FOR ALL LABOR, EQUIPMENT AND MATERIALSO INCLUDING WATER, NECESSARY FOR THE COMPLETION OF ALL THE WORK INCLUDING CLEAN -UP. PAYMENT FOR ALL INCIDENTAL ITEMS OF WORK SHALL BE INCLUDED IN THE UNIT PRICE 010 FOR THE SAND EXCAVATION AND PLACEMENT. X11. BONDS NO BIDDERS BOND WILL BE REQUIRED. BOTH THE FAITHFUL PERFORMANCE BOND AND THE LABOR AND MATERIALS BOND WILL BE REQUIRED AS PROVIDED BY THE STANDARD SPECIFICATIONS. • • SP3 OF 4 VIII. BASIS OF PAYMENT THE QUANTITY OF SAND TO BE USED AS THE BASIS FOR PAYMENT WILL BE THE IN SITU VOLUME OF THE MATERIAL REMOVED FROM THE BORROW AREA AS CAL- CULATED BY THE AVERAGE- END -AREA METHOD FROM CROSS- SECTIONAL MEASURE- MENTS. MEASUREMENTS IN THE VERTICAL PLANE WILL BE MADE TO THE NEAR- EST 0.1 FOOT. THE ENTIRE BORROW AREA WILL BE CROSS- SECTIONED IMMED- IATELY PRIOR TO COMMENCEMENT OF WORK AND WILL BE CROSS- SECTIONED AT CONVENIENT INTERVALS THEREAFTER. TO FACILITATE THIS CROSS - SECTIONING, THE CONTRACTOR SHALL DRESS UP THE EXCAVATION AREA AS REQUESTED BY THE ENGINEER. ALL CROSS - SECTIONING, PLOTTING AND QUANTITY COMPUTATIONS WILL BE ACCOMPLISHED BY THE CITY AND SHALL BE THE OFFICIAL BASIS FOR SAND EXCAVATION AND PLACEMENT PAYMENT. TO CORROBORATE THE ABOVE DESCRIBED METHOD OF CALCULATING THE QUANTITY OF SAND EXCAVATED, A COUNT OF THE LOADS HAULED MAY BE TAKEN BY THE ENGINEER. THE CONTRACTOR SHALL CLEARLY MARK EACH OF HIS TRANSPORTING VEHICLES WITH A NUMBER THAT CAN BE EASILY SEEN BY THE PERSON TAKING THE LOAD COUNT. A LIST OF THE CONTRACTORS HAULING VEHICLES SHOWING THE CORRESPONDING NUMBER AND MANUFACTURERS RATED CAPACITY SHALL BE FURNISHED TO THE ENGINEER. THE ENGINEER AND THE CONTRACTOR SHALL MEET PRIOR TO BEGINNING WORK AND ESTABLISH ADJUSTED QUANTITIES FOR THOSE VEHICLES WHOSE CAPACITY IS INCREASED BECAUSE OF SIDEBOARDS, HEAPING, ETC. IN ADDITION, A SHRINKAGE OR FLUFFING FACTOR SHALL BE APPLIED TO EACH LOAD TO REFLECT THE UNIT VOLUME DIFFERENCE OF THE SAND IN -PLACE ON THE BEACH AND LOADED IN THE HAULING VEHICLES. THE QUANTITY OF SAND TO BE COMPARED AS A BASIS OF PAYMENT SHALL THEN BE CALCULATED BY TOTALING EACH LOAD TIMES ITS ADJUSTED VOLUME MINUS THE FLUFFING FACTOR. TO CHECK FOR FULLNESS OF LOADS, VEHICLES MAY BE RANDOMLY STOPPED AND LEVELED WITH A BOARD TO DETERMINE WHAT PERCENTAGE OF THE TRANSPORTING VEHICLES CAPACITY IS ACTUALLY BEING USED. A CORRECTION FACTOR SHALL BE ESTABLISHED AND SHALL BE APPLIED TO THE LOAD VOLUME COMPUTED AS PREVIOUSLY DESCRIBED. IT 1S EMPHASIZED THAT THE BASIS FOR PAYMENT Of SAND EXCAVATION AND PLACEMENT QUANTITIES SHALL BE CALCULATED FROM THE CROSS- SECTION DATA OF THE IN SITU MATERIAL. THE LOAD COUNT WILL BE USED FOR CHECKING AND COMPARING PURPOSES ONLY. IX. PROTECTION OF PROPERTY IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT BOTH PRIVATE AND PUBLIC PROPERTY ADJACENT TO THE WORKING AREAS. REPAIR OF ANY DAMAGE SUSTAINED SHALL BE MADE BY THE CONTRACTOR AT HIS OWN EXPENSE. X. CLEAN -UP IN ADDITION TO THE NORMAL CLEAN -UP REQUIRED BY THE STANDARD SPECIFICATIONS, THE CONTRACTOR SHALL GRADE THE BORROW AND FILL AREAS AND THE HAUL ROAD TO A REASONABLY SMOOTH AND EVEN CONDITION, FREE OF PRONOUNCED HILLS, HOLLOWS AND RIDGES. ALL MATERIAL USED BY THE CONTRACTOR NOT CONSTITUTING NORMAL BEACH SAND SHALL BE REMOVED FROM THE SITE. • • • SP2 of 14 OF THE NEWPORT OCEAN PIER. IF NECESSARY FOR SAFE PASSAGE UNDER THE PIER, A LOWER SPEED SHALL BE USED. THE CITY WILL FURNISH AND POST SIGNS CLOSING THE BEACH TO THE PUBLIC DURING THE CONTRACTORS WORKING HOURS. IN ADDITION, CITY PERSONNEL WILL BE PROVIDED TO PATROL THE HAUL ROAD ON THE BEACH TO ASSIST THE CONTRACTOR IN MAINTAINING THE WORK AREAS AS CLEAR OF THE PUBLIC AS IS REASONABLY POSSIBLE. HOWEVER, IT WILL BE THE CONTRACTOR'S RESPONSI- BILITY TO TAKE ANY PRECAUTIONS NECESSARY TO PREVENT INJURY TO ALL PERSONS AND THE CONTRACTOR SHALL CONDUCT HIS WORK IN A SAFE AND ORDERLY MANNER AT ALL TIMES. THE CITY DOES NOT GUARANTEE THAT THE HAUL ROAD AND WORK SITES CAN BE KEPT COMPLETELY CLEAR OF THE PUBLIC. VI. EXCAVATION A. THE CONTRACTOR SHALL EXCAVATE WITHIN THE LIMITS OF THE BORROW AREAS AND IN ACCORDANCE WITH THE TYPICAL CROSS- SECTIONS AS SHOWN ON THE PLAN. B. THE EXCAVATION IN THE BORROW AREAS SHALL BE DISTRIBUTED THROUGHOUT THE LENGTH OF THE PIT IN ORDER TO ACHIEVE A UNIFORM CROSS- SECTION AND PROFILE UPON COMPLETION OF THE WORK. C.. SIDE SLOPES SHALL BE MAINTAINED AT ALL TIMES SO THERE IS NO DANGER TO THE PUBLIC. OUTSIDE OF THE IMMEDIATE WORKING AREA ALL SIDE SLOPES SHALL BE FLATTENED SUFFICIENTLY SO THAT THERE WILL BE NO DANGER OF CHILDREN TUNNELING INTO THE SLOPES. D. AT THE OPTION OF THE CONTRACTOR, THE BORROW AREA MAY BE PRE- WETTED TO FACILITATE EXCAVATION. NO SEPARATE PAYMENT WILL BE MADE FOR WATERING. VII. FILL THE FILL SHALL BE PLACED WITHIN THE LIMITS OF THE FILL AREA AS SHOWN ON THE PLAN. THE CONTRACTOR SHALL PLACE THE FILL SO AS TO ACHIEVE A UNIFORM DISTRIBUTION OF MATERIAL THROUGHOUT THE FILL AREA AND A UNIFORM CROSS - SECTION OF THE BEACH AREA, WITH AN APPROXIMATE MINIMUM TOP WIDTH AS SHOWN IN THE TYPICAL CROSS- SECTION. IT IS THE INTENTION OF THESE SPECIFICATIONS THAT THE CONTRACT PROVIDE FOR THE TRANSFER OF APPROXIMATELY 70,000 OR 100,000 CUBIC YARDS OF SAND, AND RESULT IN A UNIFORM WIDTH OF BEACH BETWEEN THE LIMITS INDICATED. IT MAY THEREFORE BE�NECESSARY TO ADJUST THE CROSS- SECTION WIDTHS SHOWN BECAUSE OF CONDITIONS CAUSED BY NATURAL SAND EROSION OR DEPOSITION IN THE FILL AREA. THE ENGINEER OR HIS REPRESENTATIVE WILL BE PRESENT IN THE FILL AREA TO DIRECT, COORDINATE, AND APPROVE THE PLACING OF SAND BY THE CONTRACTOR. le CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS w CONTRACT NO. 1142 SAND REPLENISHMENT OF WEST NEWPORT OCEAN BEACH (THIRD CONTRACT - 1967) 1. SCOPE OF WORK THE WORK TO BE DONE UNDER THIS CONTRACT CONSISTS OF EXCAVATING, TRANS- PORTING, AND PLACING SAND IN THE OCEAN BEACH AREA OF THE CITY OF NEWPORT BEACH, AND THE FURNISHING OF ALL LABOR, EQUIPMENT, TRANSPORTATION, WATER AND MATERIALS NECESSARY TO COMPLETE ALL pTHE WORK AS SHOWN ON THE PLAN, CITY OF NEWPORT BEACH DRAWING NO. M- 5098 -S, AND IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS OF THE CITY OF NEWPORT BEACH AND THESE SPECIAL PROVISIONS. II. TIME OF COMPLETION THE CONTRACTOR SHALL COMPLETE THE WORK WITHIN 35 CALENDAR DAYS FROM AWARD OF THE CONTRACT BY THE CITY COUNCIL. AWARD OF THE CONTRACT BY THE CITY COUNCIL IS EXPECTED TO BE MADE ON AUGUST 14, 1967- WORK SHALL COMMENCE WITHIN 7 DAYS AFTER AWARD OF THE CONTRACT AT A RATE WHICH WILL PROVIDE FOR COMPLETION AS REQUIRED. III. WORKING HOURS ALL HAULING OPERATIONS SHALL BE CONDUCTED ON WEEKDAYS BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M. UNLESS WRITTEN APPROVAL OF EXCEPTION IS GIVEN BY THE CITY. SATURDAY AND SUNDAY OPERATIONS WILL NOT BE PERMITTED WITH- OUT PRIOR WRITTEN APPROVAL FROM THE CITY. IV. SCHEDULE OF WORK THE CONTRACTOR SHALL MEET WITH THE ENGINEER PRIOR TO COMMENCING WORK TO SCHEDULE THE PROJECT, TO DISCUSS PHASES OF THE WORK AFFECTING PUBLIC CONVENIENCE, AND TO DISCUSS AND CLARIFY THE METHOD FOR COMPUTING QUANTITIES TO BE USED AS THE BASIS FOR PAYMENT.' V. TRAFFIC CONTROL ALL HAULING OF SAND BETWEEN THE EXCAVATION OR BORROW AREA AND THE FILL AREA SHALL Be ACCOMPLISHED ALONG THE BEACH. THE CONTRACTOR SHALL LIMIT THE MAXIMUM SPEED OF HIS VEHICLES TO 15 MILES PER HOUR WITHIN 100 FEET • 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney Subject: Resolution No. 6624 (? _ // �/ -Z--/ August 17, 1967 Transmitted is the subject resolution authorizing a public works contract with Altfillisch- Fulton Co. for sand replenishment in the West Newport area. This has been revised to incorporate the changes approved by the City Council prior to its adoption on August 14, 1967, and should be substituted for the resolution drafted 8/14167. THS :mec Atts. cc - City Manager Public Works Director / 7✓. �J Tull Seymo` City Attorney CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTRRY- August 14, 1967 To: City Clerk From: City Attorney Subject: Agenda item I -18 The attached resolution, if adopted by the City Council, will authorize a public works contract for the replenishment of sand on the beach in the West Newport area of the City without com- pliance with the public bid requirements set forth in Section 1110 of the City Charter. You will note that blanks have been left on page 2 for insertion of the name of the contractor and the date of its informal bid for the work. THS :mec Atts. cc - City Manager Public Works Director O Tully H. Seymour City Attorney CI ECEIVi: D CLERK AUG 1 �I 1967a, 9 NEWpp T BEACH, r� CALIF. 1 TICS a mee • • 8/14/67 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING A PUBLIC WORKS CO TRACT FOR THE REPLENISHMENT OF SAND ON THE BEACH N THE WEST NEWPORT AREA OF THE CITY WITHOUT COMPL NCE WITH THE PUBLIC BID REQUIREMENTS SET FORTH N SECTION 1110 OF THE CITY CHARTER WHEREAS, Section 1110 of the Charter requjires every project for the construction or improvement of pu is works, when the total expenditure exceeds $58000, to be done by contract awarded to the lowest responsible bidder after otice by publica- tion; 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 necess ty for the preservation of life, health or property and is author zed by resolution by five affirmative votes of the Council an contains a declaration of the facts constituting the urgency, ;and WHEREAS, during July and, severe erosion occurred on the the City; and WHEREAS, past records first half of August, 1967, the West Newport area of i¢ate that the beach in the West Newport area reaches its minimum ?annual width during the latter part of the month of November; and WHEREAS, it is anticipated that a series of unusually high tides will take place during the period from August through November of this year which tPreaten tolcause major property damage in the West Newport area; and i WHEREAS, it has there is no assurance that /financial aid bating beach erosion in tale West Newport from the State or Federa governments in the emergency, and WHEREAS, the .Vublic Works Direc to the City Council that the City Council that �t take emergency act the purpose of com- will be available ficient time to meet has recommended to to replenish the threatened beach in the West Newport area with sand; NOW, THEREFORE, BE IT RESCLVED that the City Council . finds such work to be of urgent necessity for the preservation of life, health and property and hereby awards a contract for "Sand Replenishment of West Newport Ocean Beach (Third Contract 1967)" to for the contract price specified in its informal bid dated August 1967. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a formal contract based upon said bid. This resolution was adopted by at least five (5) affir- mative votes of the City Council of the City of Newport Beach at a regular meeting held on the 14th day of August, 1967, by the following vote, to wit- ATTEST-. City C er AYES, COUNCILMEN- NOES, COUNCIIN, ABSENT COUNCILMEN-. 20 yor