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Home My WebLink AboutC-1598 - Rhine Wharf Linear ParkWESTERN REGION 4000 West Chapman Avenue Orange California 92866 Phone 17741 633 -6316 0 0 S WOODWARD -CLYDE CONSULTANTS CONSULTING ENGINEERS, GEOLOGISTS AND ENVIRONMENTAL SCIENTISTS r PUBLIC WORKS SEP 161975 , 9 CITY OF NEWPORT BEACH, City of Newport Beach CALIF. Department of Public Works 3300 Newport Boulevard Newport Beach, California 92660 Attention: Mr. Bill Dye SUBJECT RHINE KHARF PARK, CONTRACT NO. 1598 NEWPORT BEACH, CALIFORNIA Gentlemen: 11 September 1975 Project No. E617I This letter summarizes my recent telephone conversation with Mr. Bill Dye regarding recommendations presented on Fig. 2 of our report for the subject project, dated 14 Mar 75. Soil Strength ProDert.LeS . The column heading on Fig. 2, ''Assumed Soil Properties," should be labeled "Estimated Soil Properties." The strength pro- perties, � and c, are based on blow counts, mechanical properties, and experience in the local areas (sources: Peck, Hansen, and ThOTnburn, 1966, pg. 89- -Table 2.3; pg, 222- -Fig. 14 -2; NA,VFAC DM -7, March 1971, pg. 7 -3 -17- -Fig. 3 -7). Wall Friction The reference to "assumed angle of wall fri,ctiOn," as Note 2, on FIg. 2, of the aforementioned report, should be "est,imated angle of wall friction," (source: Sowers and Sowers, 1964, pg. 252). Passive Earth Pressure Earth pressures are based on techniques developed by Caquot and Kerisel (sources: Tschebotario£f, 1951, pg. 244 - -Table 10 -1; "Substructure Analyses and Design," Anderson, 1956, pg. 313 -- Appendix 5). The indicated passive earth pressures in Fig, 2 are based on a calculated factor of safet.v of 2.0; because of the numerous assumptions and approximations which go into such a calcu- lation, the factor of safety was expressed in Fig. ., as being at Zeast 1,5. ! 6 Mr. Bill Dye 11 September 1975 Page 2 As per our conversation, we will provide background source information for our technical recommendations in future geotechni- cal reports for the City of Newport Beach. We have enjoyed working on this interesting project. When we can be of further service, please give us a call. Very truly yours, WOODWARD -CLYDE CONSULTANTS By even u. C- SCH /cjo cc: Mr. Brittain Poteet; Raub- Bein-Frost v Msociates WOODWARD -CLYDE CONSULTANTS • • • 0 • • • • • • 0 • • GEOTECHNICAL INVESTIGATION FOR THE PROPOSED RHINE WHARF PARK NEWPORT BEACH, CALIFORNIA for City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, California 92660 WOODWARD -CLYDE CONSULTANTS CONSULTING ENGINEERS, GEOLOGISTS AND ENVIRONMENTAL SCIENTISTS • 0 WESTERN REGION 4000 West Chapman Avenue Orange California 92888 Phone M41833 -8318 0 WOODWARD -CLYDE CONSULTANTS CONSULTING ENGINEERS, GEOLOGISTS AND ENVIRONMENTAL SCIENTISTS 14 March 1975 Project No. E617I City of Newport Beach • Department of Public Works 3300 Newport Boulevard Newport Beach, California 92660 SUBJECT SOIL INVESTIGATION FOR THE PROPOSED RHINE WHARF PARK NEWPORT BEACH, CALIFORNIA Gentlemen: • • • In accordance with our proposal of 12 Feb 75 and your authorization of 25 Feb 75 (Project No. C -1598, P. 0. No. 03998), we have conducted an investigation of the subsurface conditions at the site of the proposed project. Our conclusions and recom- mendations, as well as the data upon which they are based, are presented in the accompanying report. If the design assumptions change, or if you wish consulta- tion or clarification regarding the recommendations in the report, please contact the undersigned at your convenience. Very truly yours, WOODWARD -CLYDE CONSULTANTS By C 4i-et-w Steven C. Haley nom,' SCH /KB /cjo v� Attachment By Lt-L Kul B usna:A cc: Brittain Potteet; Raub -Bein -Frost F, Associates TABLE OF CONTENTS • LETTER OF TRANSMITTAL TABLE OF CONTENTS APPENDIX A: FIELD AND LABORATORY INVESTIGATION • • i • WOODWARD -CLYDE CONSULTANTS Page • 1. SCOPE 1 2. DESCRIPTION OF THE PROJECT 1 3. SITE CONDITIONS 3 • 4. DISCUSSION AND RECOMMENDATIONS 3 4.1 Loading Ramp Strip Footing 3 • 4.2 Existing Bulkhead 4 4.3 Pile Foundations 4 5. LIMITATIONS 5 • FIGURE 1: SITE PLAN FIGURE 2: LOADING RAMP FOOTING AND EXISTING BULKHEAD FIGURE 3: ALLOWABLE WOOD OR CONCRETE PILE LOAD CAPACITY • APPENDIX A: FIELD AND LABORATORY INVESTIGATION • • i • WOODWARD -CLYDE CONSULTANTS GEOTECHNICAL INVESTIGATION FOR THE PROPOSED • RHINE WHARF PARK NEWPORT BEACH, CALIFORNIA 1. SCOPE • This report describes an investigation of the subsurface soil conditions for the proposed Rhine Wharf Park, Newport Beach, California. The proposed site is shown on the Site Plan, Fig. 1. • The purposes of this investigation were to determine the existing profile and engineering properties of the underlying soils at the proposed site and to develop recommendations for the • foundation design of the proposed facilities. Items which were studied include: • a) allowable bearing capacity, settlement, active and passive earth pressures (including evaluation • WOODWARD•CLYDE CONSULTANTS of wall friction), and toe kick -out resistance of • the exisiting bulkhead, b) allowable bearing capacity for the proposed load- ing ramp spread footing foundation, c) allowable vertical and lateral load capacity of • pile foundations, and d) construction procedures. The following sections of this report present our opinions and recommendations. The data upon which they are based are pre - sented in Appendix A (Field and Laboratory Investigation). • 2. DESCRIPTION OF THE PROJECT It is our understanding from conversations with the Project • WOODWARD•CLYDE CONSULTANTS • • Page 2 • • Structural Engineer, Mr. Brittain Potteet of Raub -Bein -Frost & Associates, and a review of the 6 Feb 75 Street and Wharf plan, prepared by that firm (Fig. 1, attached), that the proposed con- struction will include a 350 ft± long wharf for pedestrian traffic, which will be partially supported on an existing bulkhead and par- tially on 12 -or 14 -in. sq concrete piles. Additionally, the project will include a 130 fti long concrete building ramp which will be supported • partially on a strip footing, and partially on an existing bulkhead. From our discussions with Mr. Potteet, the following three areas of the proposed construction have been identified as requir- ing geotechnical investigation and analyses: 1) the spread footings supporting the loading ramp, as indicated in Section BB of Fig. 1, • 2) an evaluation of the geotechnical effects of the proposed construction on the existing bulkhead, and 3) additional piles to support a portion of the wharf loads and for boat bumpers. In addition to the information provided by Raub -Bein -Frost & Associates (as indicated in Fig. 1), we have been provided the following design parameters by Mr. Potteet: 1) the loading ramp footing will be designed for a soil bearing pressure of 3 kips /lineal ft, of • which 1.9 kips /lineal ft is live load, 2) the vertical load on the existing bulkhead, as • a result of the construction would be the same as on the loading ramp spread footings, • WOODWARD -CLYDE CONSULTANTS • , • Page 3 3) the bulkhead is 8 to 12 in, thick and has a top • elevation of 6.08 ft and a bottom elevation of -15.25 ft, msl, 4) the maximum vertical load on the piles will not • exceed 10 kips and the maximum lateral load will not exceed 5 kips, 5) 12 -in. sq and 14 -in, sq concrete piles are being • considered for the support of the wharf structure. Timber piles are being considered for boat bumpers. 3. SITE CONDITIONS • Figure 1 presents the present plan conditions at the site • and indicates the locations of our borings. Our two borings, - which extended to depths of 28 -1/2 and 33 -1/2 ft indicate that subsurface materials are composed of 10 to 16 ft of loose sand and shells with lenses of soft clay. Below a depth of about 5 ft, vari- able amounts of organic matter were also encountered. These mater- ials are underlain by medium dense to dense, fine to medium grained sand, to the depths investigated. The groundwater level was observed at a depth of 4 -1/2 ft below the ground surface at the • .time of the drilling in both borings. 4. DISCUSSION AND RECOMMENDATIONS • 4.1 Loading Ramp Strip Footing We understand that the primary purpose of the loading ramp strip footing is to reduce lateral loads on the existing bulkhead. • The relationship of the footing to the existing bulkhead is shown in Fig. 2. The proposed footing may be constructed on undisturbed 40 WOODWARD -CLYDE CONSULTANTS 0 • Page 4 • native sands. The footing excavation should be inspected by a • Soil Engineer. If a soft cohesive material is exposed or is indi- cated by probing, that material should be removed and replaced with recompacted sand. The footing should bear at a depth not greater • than 30 in, below the existing grade, but at a depth of at least 12 in, below the lowest adjacent finished grade. The strip footing should be designed for an allowable soil bearing pressure not to • exceed 1500 psf, for dead - plus -live loads. That soil bearing pres- sure may be increased by 1/3 to include impact or seismic loading. It should be expected that, because of the presence of com- • pressible underlying materials, the footing will settle. Post- construction settlements are anticipated to be on the order of 1 to 2 in. depending on the magnitude of average long -term loads. • 4.2 Existing Bulkhead In our opinion, the soil at the bottom of the bulkhead has a theoretical bearing capacity of at least 8 ksf. Placement of • the additional 3 kips /lineal ft wharf load is expected to cause additional settlements of less than 1/2 in. The loading conditions given in_ Fi . 2 may be used for sta- bility analyses of the existinRbulkhead. We do not know the con- dition of the existing bulkheads, dead -man anchors, or joining tie -rods. 4,3 Pile Foundations Allowable capacities for wood or concrete piles are presented in Fig. 3. The pile capacities may be increased by 1/3 to resist • all loads, including wind or seismic. • WOODWARD -CLYDE CONSULTANTS • 0 . Page 5 For estimating moments on piles, the point of pile fixity may be assumed at a depth of 5 ft below firm soil or maximum scour level, whichever is deeper. It should be assumed that the maximum moment occurs at the point of fixity and then decreases linearly to zero at the bottom of the pile. Unless other data are obtained, we also recommend that it be assumed that the firm soil is present only at depths greater than 3 ft below the mudline. • Care must be taken in pile installation to minimize vibrations which could cause densification and increase loading on the back- side of the existing bulkhead and to prevent loss of passive earth • pressure support in front of the bulkhead. Piles may be installed by controlled jetting to within 3 ft of their design penetration. The last 3 ft of penetration should • be accomplished by driving of piles with a hammer. All piling operations should be inspected to determine that the work is accom- plished in a manner which minimizes soil disturbance and in accor- dance with the recommendations in this report. 5. LIMITATIONS This report presents recommendations pertaining to the pro- posed site, based on the assumption that the subsurface conditions do not deviate appreciably from those disclosed in our exploratory borings. Any deviations should be brought to the immediate atten- tion of the Soil Engineer. Professional judgements presented in this report are based • partly on evaluations of the technical information gathered, partly on our understanding of the proposed construction, and partly on 49 WOODWARD -CLYDE CONSULTANTS • Page 6 • our general experience in the geotechnical engineering field. We do not guarantee the performance of the project in any respect, only that geotechnical engineering work and judgements rendered ' meet the standard of care of our profession at this time. If any changes in the project are made, or if five years elapse prior to construction, the conclusions and recommendations in this report • will need reevaluation. • • • • • • • WOODWARD -CLYDE CONSULTANTS 7S - 'Ile z \ a I y._ x � 1 � a� Det IIJC- /OACle- - 6" -IS -f 9' I _ � a 4�� yga �* r' ■ �� J �� a �._—� S L "iwL..�i�i L" t _ z '� ■re �.� i9 6 °t a 'V �-14k - -, 1 'AMP, 'I :j jr= I 1571 /c3,, P97C. I tA of md - rw� I q 3111pr- -ZEN= MEWA AMW �.. -•�. _� � —. _ — .�, ._ ��,. `\ ,. _ �.. _ _ ._� � - _ .,;. - rM.:G; e� �w�, 'Wilk_ 70�< do", 77 ;Z--W/AJC Cil a a er- L-� FAI-11TO Ti4erGGF11 AD/ -4X6 015�'Al Z o, �G,� • _0 0 i i 15' 9f LOADING RAMP FOOTING PRESENT GRADE �—y v' —"" EXISTING BULKHEAD `— 2 -1/2' ` FINISH SUP,FACE 'i. MAX V MIN MAX s Z SOIL #1 5 Vii' i �j� M A 0 SOIL #2 :. m i 3' MIN i. SOIL #2 �k SOIL $3 .6 SOIL A3 T = 0.4 (Weight of bulkhead) Project: RHINE WHARF PARK Fig. NEWPORT BEACH, CALIFORNIA LOADING RAMP FOOTING AND EXISTING BULKHEAD Job Number: E617! 1 1 2 WOODWARD —CLYQ. ,CONSJLTaun .,1 :n' (toe shear) 25; Assumed Soil Soil Properties Ym -� Yb r ka kP* No. c (pcf) (Pef) m= °? m- 5 m- 3 1 32" 0 110 50 0.30' 3.2 6,b 2.2° 1.7` 2 25 0 110 50 Q._40' 2.04.{ 1.5 1.0 3 35 0 -- 55 ,'O. 4.1;'i,� 2.7 2.1 Y2� WHERE: -fm ='unit weight of sail above water table Yh = unit weight of soil below water table ka = coefficient of active earth pressure kp* = coefficient of passive earth pressure ACTIVE EARTH PRESSURE, Pa = kaq + pw + 0.0018gfZ /(0.56 +.0025Z2 )2 at any depth PASSIVE EARTH PRESSURE, pp kpq + pw WHERE: q = overburden stress (including surcharge) pw = water pressure of = load per foot on strip footing * Allowable values which assume a factor of safety of at least 1.5. A4,. _ NOTES: 1. use buoyant weights for soil and concrete below water 2. assumed angle of wall friction = 2/3@ Project: RHINE WHARF PARK Fig. NEWPORT BEACH, CALIFORNIA LOADING RAMP FOOTING AND EXISTING BULKHEAD Job Number: E617! 1 1 2 WOODWARD —CLYQ. ,CONSJLTaun .,1 • i I E 16 0 f P PILE p = TOTAL LATERAL LOAD PER PILE (in kips) h B-O/TTOM OF BAY m 'FIRM SOIL OR tiAXIMUM L DEPTH OF SCOUR, WHICHEVER IS DEEPER (BUT NOT LESS THAN 3 ft) ALLOWABLE PILE VERTICAL LOAD CAPACITY, Oa = 0.006SL2 + MAL WHERE: Qa = allowable vertical load, kips S = average pile perimeter, It A = pile tip area, It L = pile length below firm soil, It nDL3 ALLOWABLE PILE LATERAL LOAD CAPACITY (in kips), Pa = h +L WHERE: D = equivalent pile diameter, It n = coefficient dependent on soil properties and ground slope m:l = ground slope (horizontal to vertical) m* n M 0.11 5 0.08 3 0.06 * for lateral loads toward bulkhead, assume m - m I Project: RHINE WHARF PARK ALLOWABLE WOOD OR CONCRETE PILE R. I NEWPORT BEACH, CALIFORNIA LOAD CAPACITY 3 Job Number: E617I WOODWARD -CLYDE CONSULTANTS a., 1 • • • APPENDIX A S FIELD AND LABORATORY INVESTIGATION l• Under the inspection of a Staff Geologist from this office, two soil borings were advanced on 5 Mar 75, to depths of 28 -1/2 and 38 -1/2 ft. Details of the drilling and sampling operations • are explained on Fig. A -1, Key to Boring Logs. Laboratory tests to determine moisture content and dry density of certain selected samples were performed and the results are indicated on the Logs • of Borings. • • • • • WOODWARD -CLYDE CONSULTANTS 1 1 • 6 0 Ll 1] 0 0 0 i SK Medium dense, moist, brown SILTY fine - grained SAND (SM) 10 Unified Soil Classification Measured Static Water Level Number of Blows Required to Advance Sampler One Foot Tube Sample Location Sample Number Indicates Sample Tested for Other Properties NOTES ON FIELD INVESTIGATION 1. Borings were advanced with hollow stem auger. 2. Samples with recorded blow /foot were obtained with a Modified California drive sampler (tin. inside diameter, 2111 in, outside diameter) lined with sample tubes. The sampler was driven into the soil at the bottom of the hole with a 140 lb. hammer falling 30 in. When the sampler was withdrawn from the test hole, the tubes containing the soil samples were removed, carefully sealed to minimize possible loss of natural moisture content, and returned to the laboratory for testing. 3. Samples labled SK were obtained by collecting the auger cuttings in a plastic or cloth bag. 4. Classifications are based upon the Unified Soil Classification System and include color, moisture, and consistency. Field descriptions have been modified to reflect results of laboratory analyses where deemed appropriate. 5. NR indicates no sample recovery. Project: RHINE WHARF PARK Fig. NFWPORT BEACH, CALIFORNIA KEY TO BORING LOGS Job Number: F617I I I A -1 WOODWARD —CLYDE CONSULTANTS o a: o F ~ L L= N p LL N Z W H a N Z W DESCRIPTION Z w o Z a Z o a w O N ° m (r< 7; N p SK Medium dense, moist, brown SILTY fine - grained SAND (SM) 10 Unified Soil Classification Measured Static Water Level Number of Blows Required to Advance Sampler One Foot Tube Sample Location Sample Number Indicates Sample Tested for Other Properties NOTES ON FIELD INVESTIGATION 1. Borings were advanced with hollow stem auger. 2. Samples with recorded blow /foot were obtained with a Modified California drive sampler (tin. inside diameter, 2111 in, outside diameter) lined with sample tubes. The sampler was driven into the soil at the bottom of the hole with a 140 lb. hammer falling 30 in. When the sampler was withdrawn from the test hole, the tubes containing the soil samples were removed, carefully sealed to minimize possible loss of natural moisture content, and returned to the laboratory for testing. 3. Samples labled SK were obtained by collecting the auger cuttings in a plastic or cloth bag. 4. Classifications are based upon the Unified Soil Classification System and include color, moisture, and consistency. Field descriptions have been modified to reflect results of laboratory analyses where deemed appropriate. 5. NR indicates no sample recovery. Project: RHINE WHARF PARK Fig. NFWPORT BEACH, CALIFORNIA KEY TO BORING LOGS Job Number: F617I I I A -1 WOODWARD —CLYDE CONSULTANTS L • lJ • 0 • U i I� • • DATE OF BORING S March 75 WATER DEPTH 41z' DATE MEASURED5 March 75 TYPE OF DRILL RIG - Kollow Stem Auger HOLE DIAMETER 9" WEIGHT OF HAMMER _1 L11b�q_FALLING 30" SAMPLES " ?'Odi d -Calif Orr] is LL N O OK C' ' f W e H N N = J 0~ DESCRIPTION ° Z (n W w Uj ~ a W N C 3' O z V W _N W O r a p W ir W O N O m Z K z ir O 2 H N 0 SURFACE ELEVATION: % +5-1/2 ' MSL bin. Asphaltic Concrete Loose, moist, red -brown silty, fine - grained SAID (SM) with shells FILL 9 90 1 5 Loose, moist, gray -brown fine- grained SAND (SP) with shells, FILL S With rubble, GRAVEL and some organic matter 2 / 6! IO Trace of organics 3 3 Much organic matter and shells IS Medium dense, wet dark gray, fine to medium - 4 27 grained SAID (SP) with trace of organic matter 20 5 Dense, no organic material SK 48 S 6 N 0/ Bottom of Boring at 28 -1/2 ft 30 WHARF PARK rFroject: �R,HINTE `TNogRT BEACH, CALIFORNIA LOG OF BORING B -1 I )jecfE E6171 A-2 1 WOODWARD—CLYDE CONSULTANTS u 71 • 0 • 0 r 7 0 • 0 a A DATE OF BORING 5 March 75 WATER DEPTH 4Y DATE MEASURED 5 March 75 TYPE OF DRILL RIG Hollow Stem Auger HOLE DIAMETER -- 9" WEIGHT OF HAMMER 140 lbs FALLING 30" SAMPLES 2" Modified California LL N p O o Cr a i w o F N a Zw DESCRIPTION z �+ ~ O N 3 a t�3 z R H O w z a Q r S O) ir M N a 0 SURFACE ELEVATION: 'L +5 -1(2 MSL Asohalti c Concrete 8" Avgrp�at; Rasp Loose, moist, tan fine - grained SAND (SP) 1 5 with traces of shell and clay lenses, FILL 15 95 2 5 5 _ Wet, with trace of GRAVEL 3 1 Very loose to soft, wet, gray SANDY SILT and 64 60 CLAY (OL -OH) organic, probable FILL IO Medium dense, wet, gray, fine- to medium- grained SAND (SP) 4 16 15 Dense 5 36 20 6 SK 16 S 7 48 30 NT NUED ON FIG. A -3a %�ctNEWPORT WHARF FIg EACH, CALIFORNIA LOG OF BORING B -2 Project No. E617I A -3 WOODWARO -CLYDE CONSULTANTS 1 0 n u 11 0 • 0 E Fi n a DATE OF BORING 5 March 75 WATER DEPTH 4T DATE MEASURED 5 Marrh 75 TYPE OF DRILL RIG Hollow Stem Auger HOLE DIAMETER 911 WEIGHT OF HAMMER 140 lbs FALLING 30" SAMPLES_ 2" Modified California LL W p O¢ a Y W u jr F H �LL o a DESCRIPTION o ~ W a 3 ¢3 ti w �.W F s ¢ o N o tr _> O s m N O O SURFACE ELEVATION: 'v +5 -1/2' MSL Dense, wet, gray, SAND (SP) B 57 Bottom of Boring at 33 -1/2 ft 50 55 6 Project NEWPORT BEACH, CALIFORNIA CONT. LOG OF BORING B-2 Fig. Project No. E617I A -3a WOODWARD —CLYDE CONSULTANTS Stop Notice S, NOTICE TO CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Name 3300 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA 92660 Address (Public Body or Lender) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract.) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds.) Prime Contractor: DIAMOND BUILDERS 12631 E. IMPERIAL HIGHWAY SANTA FE SPRINGS CA Sub Contractor (If Any) NONE Owner or Public Body: CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. NEWPBHT BEACH, CA Improvement known asRINE WHARF PARK IMPROVEMENT 610 LIDO PARK DRIVE (name and address of pmfect or work of improvement) NEWPORT BEACH, CALIFORNIA in the City of NEWPORT BEACH County of ORANGE State of California. ABCO HARDWARE & BUILDERS SUPPLY, INC claimant, CORPORATION (Claimant) (Corporation#?,,tnershiplSoie Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or comppaanyy �by whom claimant was eef..Ioyed or to whom claimant furnished labor, service, eauimnent or materials is DIAMOND BUILDERS 12631 EAST DTMIAL HIGHWAY Total value of labor, service, equipment or materials agreed to be furnished .......... $ 4,000.00 Total value of labor, service, equipment or materials actually furnished is ........... $ 811.98 Credit for materials returned, if any ......................... ... $ —0— Amount paid on account, if any ... .......... ................. $ —0— Amount due after deducting all just credits and offsets .................... $ 811.98 YOU ARE HERESY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 811.98 , as provided in Sections 3156 ttlru 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond i s not attached. (Bond required on private jobs — not on public jobs.) (is /is nor/ Date OCTOBER 29, 1976 Nameofflaimant ABCO HARDWARE & BUILDERS SUPPLY, INC. / Name) r B. DALE GRALAP — CRIDIT ER (of)Ical Ca city) Verification for Partnership or Sole Ownership STATE OF CALIFORNIA COUNTY OF � SS. (Claimant or Representative) being first duly sworn deposes and says that he is (Owner, Partner or Agent) Of (Firm Name) named as claimant in the foregoing claim; that he has read said claim and knows the contents thereof, and that the facts therein stated we true. X (Signature of Affient) Subssar' bed and mom to before me this day or ,19, ( Signatwe of Notary Pabli DD Notary RIC77:�'LD/ Stamp M S CU ? JF Original of above notice received BMPCA FORM 4 (REV. i74) verification for Corporation STATE OF CALIFORNIA COUNTY OF } SS. LOS ANGELES ) DALE GRALAPP (Claimant or Representative) being first duly mom deposes and says that _he is CREDIT MANAGER (Official ofABCO HARDWARE & BUILDERS SUPPLY, INC. (Exact Corporate Name) the corporation that exemted the foregoing chili; tbat_he makes this verification on behalf of said corporation; that—he bas read id claim and In ws the cot wits thereof, and that the facts t in st 6d are t ft nature ofAf Subscribed and mom to before me this 29th day of OCTOBER y j ,19_6 \\ (Signa"f Notary Public) of OFFICIAL SEAL MARLENE J. RASMUSSEN NOTARY PUSLIC- CALIFORNIA PRINCIPAL OFFICE IN 0 OL October 18, 1976 Diamond Builders 12631 E. imperial Highway Santa TO Springs, CA 90670 Subject: Surety: Parmers.Home nutual insurance Company Bonds No.: 040071 Project: Rhine Wharf Park Contract No.: 1598 Gentlemen: The City Council on August 9, 1976 accepted the work of subject project and authorised the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice.of Completion has been filed (subject to release of claims). Notice if Completion was filed with the Orange County Recorder on August 12, 19769 in Book No. 11848, Page 1644. Please notify your surety company that bonds may be released 35 days after the recording data. Doris George City Clerk DG:ag cc: Public Works Department PLEASE RETURN TO `R f fgOkp�NQ` 16967 8K 1 1848 ?C 1644 CITY CLERIC QUfS7ED CITY OF NEWPORT REACH Br EXEMPT 23 ^O NE'.VPORT BOIJLFVARD C8 =00UNTY, AL RECORDS NEWPORT BEACH, CALIF. 92663 , CauFORNIq NOTICE OF COMPLETION G 12 1976q RasnW PUBLIC WORKS To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on March 28, 1976 the Public Works project consisting of Street and Wharf Improvements for The Rhine Wharf Park on which Diamond Builders was the contractor, and Farmers Home Mutual Insurance Company was the surety, was completed. V ERIFICAT I, the undersigned, say: CITY OF NEWPORT BEACH 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 at Newport Beach, California. I, the undersigned, I am the City Clerk of the City of Newport Beach; the City Council of said City on GL-4 q i � -7 (A accepted the above described work as completed and dWered that No ice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on lat Newport Beach, California. /L 17 QED SEP 3 19i6- CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd Answt 11, 1976 Date Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is Notice of Completion of Public Works project consisting of straat & Wharf T r0=mMtm for the Rhine Wharf Part Contract No. 159A on which Diamond Builders was the Contractor and 8armers NO= Mutual Insurance Company was the surety. Please record and return to us. Encl. Very trul yours, Aoris George City Clerk City of Newport Beach a MILLER W _ W / <�, ls�� CONTRACTING 3000 EAST 5399 /LONG BEACH, CALIFORNIA 90605/(213) 531 -3550 (213) 774 -0714 RECEIVED CITY CLERK OCT 15 19761P CITY OF NEWPORT BEACH, CALIF, September 10, 1976 City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, Calif. 92660 Attn: Mr. G.P. Dunigan, Jr. Re: Rhine Wharf Park, C -1598 Diamond Builders Dear Sir: RECEIVED PUBLIC WORKS j SEP 13 197610, CITY OF 2 NEWPORT BEACH, CALIF. >i Enclosed is a copy of assignment by Diamond Builders to Sully- Miller Contracting Co., and a release of "Stop Notice." You are authorized to use release upon issuance of check to Sully- Miller Contracting, in the amount of $5,640.00. If there are any questions, please contact me at (213) 531 -3550, extension 210. LN /yk cc: Diamond Builders Rutan & Tucker vRIT TOO I`J Cayor '=� ❑ Atterney - �. F V1 n'r„ctor (; Ccc�r, °; �irectapi) ® 0!i1er� qtr /�73A -rs.�. T] Coutcfil.•»�eq GENERAL EIGINEERING CONTRACTOR SINCE 1923 Yours Very Truly, Lry Asst.redit Manager ASPHALT S ROCK PRODUCTS MANUFACTURER a GENERAL ASSIGNMENT Valuable Considera ,, DIAMOND BUILDERS ( "Diamond "), original contractor for the work of improvement known as Rhine Wharf Park, 32nd and Cannery Streets, Newport Beach, hereby assigns, transfers, and sets over to SULLY- MILLER CONTRACTING COMPANY ( "Sully- Miller "), to extent of $5,640.00, all of its right, title and interest in a 6- retention.. funds due from the City of Newport Beach to Diamond for work performed on the afore - described project. Diamond acknowledges that the sum of $5,640.00 is due to Sully- Miller for'' work.performed on the subject project as a subcontractor of Diamond and directs the City of Newport Beach to pay said sum directly to Sully- Miller from the retention proceeds payable to Diamond. DATED: September Q , 1976 STATE OF CALIFORNIA ) )ss: COUNTY OF LOS ANGELES) DIAMOND BUILDERS O By it ( �iCCccP On , before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the corporation therein named, and acknowledged to.me that �uch corporation executed the within instrument pursuant to its by- aws or a resolution of its board of directors. WITNESS my hand and official seal. I Notary Public t TO "I I Ind i, idnnl TI nTAII'V M i N In n., -1�. mid, a h,ltlir In and f,,r �ak( app. w In me 01, OFFICIAL SEAL BETTYROSE LEONARD WITNV��.'4 wyl)"� d a "HleiA A. W =m NOTARY PUBLIC- CALIFORNIA LOS ANGELES COUNTY 4�2, ttp,� my commission Expires Sept. 7,1977 BETTYROSE LEONARD 13926 So. S-in Am.!rtmo DT_ tIOMailt- CA 90650 Nato" CIVIwd "I hiolol, .j �ELEASE OF NOTICE TO WITHH• (SULLY — MILLER CONTRACTING COMPANY) 3000 EAST SOUTH STREET LONG BEACH, CALIF. 90805 TO: CITY OF NEWPORT BEACH RE: RHINE WHARF PARK, C- 159$ CONTRACTOR: DIAMOND BUILDERS ARRANGEMENTS FOR PAYMENT HAVING BEEN MADE WITH CONTRACTOR, THE UNDERSIGNED HEREBY RELEASES IN FULL ITS NOTICE TO WITHHOLD FILED WITH THE CITY OF NEWPORT BEACH IN RESPECT OF THE ABOVE MENTIONED JOB, SAID STOP NOTICE HAVING BEEN FILED FOR THE SUM OF $ 5,640.00 , DATED May 12 , 19 76. DATED: SEPTEMBER 10, 1976 SULLY — MILLER CONTRACTING COMPANY • BY,� ASSISTA T CREDIT MANAGER STATE OF CALIFORNIA CS_ COUNTY OF LOS ANGELES ) LARRY NANTAIS BEING FIRST DULY SWORN, DEPOSES AND SAYS: THAT HE IS ASSISTANT CREDIT MGR. OF SULLY — MILLER CONTRACTING CO., CLAIMANT IN THE ABOVE MATTER, AND IS AUTHORIZED TO MAKE THIS VERIFICA- TION FOR AND ON BEHALF OF SAID SULLY— MILLER CONTRACTING CO., THAT HE HAS READ THE FOREGOING RELEASE OF NOTICE TO WITHHOLD AND KNOWS THE CONTENTS THEREOF: THAT THE SAME IS TRUE OF HIS OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE THEREIN STATED ON HIS INFORMATION OR BELIEFS, AND AS TO THOSE MATTERS HE BELIEVES IT TO BE TRUE. SUBSCRIBED AND SWORN TO BEFORE ME THIS 10TH DAY.OF SEPTEMBER 19 76 r 1/1 /'1 \,__N4TARY PUBLIC IAND FOR SAID COUNTY AND STATE. f 1u11nmN INll nnnllnnwnmunnlllnnnmm�mm�nmrululauuw�uulwn OFFICIAL SEAL v EULA Nl1 CISNEROS �3LU; :ALIFORNIA G y VRINC "a OFFICE IN 3 O } LOS ANGELES COUNTY My Com+nission Expires March 4, 1978 NIn11111W11M1111n n1111p1111111 1141191 ...XI111111Y1NNNIIIIINIIIII IIIII,INNI4NNNr1� FLOATS - PIERS - BULKETEADS - PILINGS - MOORINGS - I7. DAN TAYI OR 2806 LAFAYETTE AVE., NEWPORT BEAC Business: (714) 6731630 E. DEAN TAYLOR, Owner NE \V INSTALLATIONS AND HF.PAIRS r p CO1 ANY H, CALIFORNIA 92660 Risidenee: (714) 548 -2890 LICENSE NO: A251394 April 7, 1976 CITY OF NEWPORT BEACH City Hall Newport Beach, California Re: Inv. 76 -241 Job # 1470 Gentlemen: This is to advise that all funds have been collected in full by E. DE_>.N TAYLOR COMPANY for labor and equipment to install piling at Rhine Wharf Park from DIAMOND BUILDERS. Very truly yours, E. DEAN TAYLOR COMPANY MAN TAYLOR, Owner DT:vc �_� C4Ji CI. ^ICn RELEASE OF NOTICE TO WITHOLD The undersigned, J. Harold Smith, President of Smith Electric Supply, does hereby release that certain Stop Notice previously filed with the City of Newport Beach, California, Owner, and Diamond Builders, Contractor, and does hereby release the con- tract balances from said Claim of Stop Notice in reference to the following project: Rhine Wharf Park Public Works Project #1598 and for the supplying of labor and materials to the City of New- port Beach, Owner and Diamond Builders, Contractor. Dated: Sep Smith Electric Supply STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and sworn to before me this day of Tl."7' 1976 Notary Public OFFICIAL SEAL TECLA M. MANAZER p •• NOTARY PUBLIC 'CALIFORNIA ORA"i'_E COUNTY 4 •' �dy Comm. exgires AN 2 5,19 Dnte SETT TO: El 9 ;y Or PnaaeCer Ai;orneY G W Director F ,,mDav Dilector�- ^^� O1h Cr ou O Councilmen y RECEIVED j_- PUBLIC WBRKS SEP3 01976 1 1' CITY OF j� NEWPORT BEACH, CALIF. A 13 -i J. H. BAXTER & CO. 611orth Brand Boulevard Glendale California ! jBaxter S City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92660 Attention: City Attorney RE: Rhine Wharf Park Diamond Builders Gentlemen: In accordance with our phone conversation today with your Mr. Pat Dunnigan, we hereby release our Stop Notice, dated May 12, 1976, in the amount of $2363.74, contingent on receipt of full payment from the City of Newport Beach. RAJ:kr State of California County of Los Angeles Yours very truly, J H. BAXTER & CO. R. A. nson Dist. ales Manager On September 24, 1976 before me, the undersigned, a Notary Public in and for the said State, personally appeared R. A. Johnson, District Sales Manager of J. H. Baxter & Co., known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same. s� ETHEL R. COOKE z f Notary Public in and for said State NOTARY PU?LI O � CALI PORN IA Pr, I NCI F -L OP'PICE IN LOS ANGELES COUNTY My Commission Expires August 15, 1977 7/R 7 wmrvalenru, Ip: uminuuuil: unuw: nnnlnaumnunlwrawnnlna °1'�unununuwrlauuuwwullww WOOD PRESERVING Q/ (D �/�` STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS CITY OF NEWPORT BEACH (Name of owner, construction lender or public officer) / 1 TTI I NEWPORT BEACH, CALIFORNIA HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, SMITH ELECTRIC SUPPLY 10792 Knott Avenue, Stantony Ca, 90680 Sub Contractor (Name and address) has furnished or has agreed to furnish Labor & Materials & Equipment Service (labor, services, equipment, materials) of the following kind Electrical Material — Electricians — Equipment (general description of labor, services, equipment or materials) to or for DIAMOND BUILDERS (Prime Contractor) for the work improvement, located at, or known as: (name of person to or for whom furnished) The 11hine Warf Park C -1598 (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 12,992.00 The amount in value of that already done or furnished by claimant is $ 12,992.00 Claimant has been paid the sum of $ 3.000.00 , and there remains due and unpaid the sum of $ 9, 992.00 , plus interest thereon at the rate of per cent per annum from , 19— YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. SMJ.TH ELECTRIC SUPPLY Harold Smi b P sident June 9. 1976 Name of Claimant 107 2 Knott Ave., Stanton, Calif. Address of Claimant STATE OF CALIFORNIA COUNTY OF Orange J ss. J. Harold Smith, President of SMITH ELECTRIC SUPPLY , being duly sworn, deposes and says: That —he is the person(►) who signed the foregoing Stop Notice; that _he has read the same and knows the contents thereof to be true of LILL- own knowledge, except as to any matters or things that may therein be stated on him information and belief and Date —7 a to those matters and things _he believes them to be true. 1 rd�`JOf b Harold Smithy President MITH ELECTRIC SUPPLY Fea Dev t�.Irco'or �.i1ef lu4cribed and to before me Councilmen this 9 day of Juno 1976. OFFICIAL riAL TEC!A f1 MAPJFORR Notary Public and in and for id State s m a �, mC � ��: r aI 6L C C � �rvkrmA COUNFe Vy Comm. expires LAN 25, 1980 This standard form coven moat moral paobhrar, m the field Indicated. Before you sly read B, fiB In air blanlo, STOP NOTICE and make changes proper to your transaetlon, consult a levryer if you doubt the forms fit., for your purpa,e. WOLCOTTS FORM 69a Ray. 2 -73 *CITY OF NEWPORT BEACH (Public Body or Lender) TO WITHHOLD AND VERIFIED STATEMENT OF CLAIM OF Ter Contracting.Company AGAINST Prime Contractor: Diamond Builders Subcontractor (if any) bully-mliler Gontractir Owner or Public Body: 1 y o e rpor eac Improvement known as Rhine Wharf Park in the City of Newport Beach County of Orange State of California. Sully- Miller Contracting Company •claimant, "a Corporation (Corporation /Partnership /Sole Proprietorship) furnished certain labor and /or materials used in that certain work of improvement situated in the City of Newport Beach , County of Orange State of California Jnowu as: (rwme and address of project or improvement) That the said claimant sold and delivered to: Diamond Builders ( Subcontractor /Contractor /Owner- Builder) erecting or constructing said work of improvement or a portion thereof; the aforesaid labot and /or materials being, to wit: (describe material and labor in detail) er Total value of material /labor agreed to be furnished ...... ....... $ 5,640.00 Total value of material /labor actually furnished is ...................-......- .......................... $ 5,640.00 Credit for materials returned, if any ........... _ . ............... ... ..... .... .. -. ...... $ -0- ...- - -- - Amount paid on account, if any.......-....--....-.....--......-..-..-.....--......_. .- .- .---------- *- .............. $ -0- Amount due after all just credits and offsets.. .........................-.---....... ...................-----.•-.... $ 5,640.00 AND YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $. as provided in Sections 1190.1 and 1192.1 C.C.P., and in addition thereto sums sufficient to cover interest, court costs and reason- able costs of litigation, as provided by law. A bond is not attached. (No bond required on public jobs) (is /fs not) o res /atc May 12+ 19%6 Name of Claimant: Sully-Miller Contracting Company ra r r Firm Name) Gi raa<no r $ [} p' -ro,nev Larry N ais, Asst. Credit Manager `!J Director � I l CcmD_: Lircctor (OffiCial Capacity) Q;her aC� o Verification for Partnership or Verification for Corporation Sole Ownership STATE OF CALIFORNIA FATE OF CALIFORNIA COUNTY OF 3SS. Ccunnim COUNTY OF �Ss. Los Angeles 3 M (Claimant or Representative) being first duly swom 2oposes and says that —he is — (Owner, Partner or Agent) Of (Firm Name) named as claimant in the foregoing claim; that —he has read said claim and knows the contents thereof, and that the facts therein stated are true. (Signature of Affiant) Subscribed and swom to before me this day of 19— Notary Stamp My Commission Expires Larry Nantais (Claimant or Representative) being fast duly sworn deposes and says that -re is- Assistant Credit Manager (Official Capacity) Of Sully- Miller Contracting Company (Ewa Corporate Name) the corporation that executed the foregoing claim; that ___ he makes this verification on behalf of said corpora- tion; that ___he has read said claim and knows the con - thereof, d that the facts therein stated are true. "Vig'hature of Affiant) Subscribed and sworn to before me this 12 th day of May r , 19-276L �UtA M. CISNEROS V- PUBLIC CALIFORNIA e No y PRINCIPAL OFFICE IN stamp LOS ANGELES COUNTY xx MMy co ,c;ission Expires klareh 4, 1978 ynmmunxuunxm pixxx '"�wxemux,upwunxnummnu My Commission Expires March 4, 17"a Original of above notice received this day of 19- aMDCA FORM 04 STOP NOTICE - -\ NOTICE TO WITHHOLD TO HOLDER OF FUNDS Citv of Newport Beach (Name of owner, construction lender or public officer) HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, J. H. Baxter & Co. (Name and address) has furnished or has agreed to furnish Materials (labor, services, equipment, materials) of the following kind Pressure Treated Fender Piling, Lumber & Solution (general description of labor, services, equipment or materials) to or for Turning Basin Walkway for the work improvement, located at, or known as: (name of person to or for whom furnished) Corner LaFayette & Lido Park Drive, Newport Beach, California (address, legal description, description of site or project The amount In value of the whole agreed to be done or furnished by claimant is $ 8,363.74 The amount in value of that already done or furnished by claimant is $ R, 363 -74 Claimant has been paid the sum of $ 6000.00 , and there remains due and unpaid the sum of $ 2,363.74 plus interest thereon at the rate of 12% per cent per annum from February 7, , 19 76, YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Date ;- 1�ffated May 12, 1976 J. H. Baxter & Co. MKS SON11 Ma Name of Claimant Cl !:,a)'or D, ; ,; cer 431 N. Brand Blvd., Glendale I Attorney Address of Claimant gn (-- , .i r.,-ctor ca:nzv btrector. > L STATE OF CALIFORNIA ss Cou ncilme A l%OUNTY OF L s es_i . Cal. R. A. Johnson , being duly sworn, deposes and says: That —he is the person(s) who signed the foregoing Stop Notice; that —he has read the same and knows the contents thereof to be true of h ?s own knowledge, except as to any matters or things that may therein be stated on his information and belief and as to those matters and things —he believes them to be true. Distr in/ ales Manager Subscribed and sworn to before me this 12th day f May 19 76 y ETF,CL R. coo K � Notary Public and in and for said State My Cemmissicn Expires August 15, 1977 nn mi earn . , 'xun i i n ..mas;.....,,.. ..:a. n.anamwmaciinun This standard foms covers moat meal problems in the Held lodicated. Beforo you sib road ><. HB >o all blimi INTOP NOTICE end make changes proper to yon transaction. Consult alawyer if you doubt the forma Hmen for your purpose. WOLCOTTB FORM BiIA —Ray. 2 -73 STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS City of Newport Beach (Name of owner, construction lender or public officer) HOLDER OF FUNDS, (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, J. H. Baxter & Co. (Name and address) has furnished or has agreed to furnish Materials (labor, services, equipment, materials) of the following kind Pressure Treated Fender Piling, Lumber & Solution (general description of labor, services, equipment or materials) to or for Turning Basin Walkway for the work improvement, located at, or known as: (name of person to or for whom furnished) Corner LaFayette & Lido Park Drive, Newport Beach, California (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ B, 363.74 The amount in value of that already done or furnished by claimant is $_3., 74 Claimant has been paid the sum of $ 3000.00 , and there remains due and unpaid the sum of $ 5,363.74 plus interest thereon at the rate of 12e� —per cent per annum from February 7 19_16. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. it 21, 1976 J. H. Baxter & Co. Name of Claimant 431 N_ Brand Blvd., Glendale, Calif. Address of Claimant 91203 , y A STATE OF CALIFORNIA Los Angeles —) ss. COUNTY OF R. A. Johnson dulyswon,depsses and says: That _he is the persorl(s) who signed the foregoing Stop Notice; that. —he has read the same and kno the contents# hereof ' to be true of h? own knowledge, except as to any matters or things that may therein be stated on In 1i information and.belief-and C,telc__7G as to those matters and things _he believes them to be true. _r °Lr Distri ales Manager Subs s�crib✓ed and sworn to before me C7 this 21st da of April 1976 na.axnaa,.ew,. of mini.: .ri ",,.�... Cau cllmen Y _ �lI n �z� /hA_l ETHEL R. COO C " u� ! . NOTAFY w.'B,LIC CAU,ORNIA Notary Public and in and for said State\. My Comm)ssW Ergs August 15,1917 = This standard form coven most usual Problems in the geld lndleatmL Before Too read ft, gB an blanks, STOP NOTICE and make changes proper m year Imaaction. Consult alawyer if you doubt the f� m s Emma for your yueyote. WOLCOTTIa FORM 119 —Ray. 2.73 J. H. BAXTER & CO. North Brand Boulevard Glendale California 9120one 213 244 8458 iBaxter April 21, 1976 City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: Contract - Diamond Builders Turning Basin Walkway Gentlemen: Per conversation with Mr. Al Biengessner we enclose re- quest to withhold funds covering materials furnished to Diamond Builders by J. H. Baxter & Co. on above project. ec encl. 1 WOOD PRESERVING VZ/� truly—yours, Dist. Sae Mgr. y � , NOTICE TO WITHHOLD STOP NOTICE TO OWNER (or holder of funds) OF MATERIALS FURNISHED OR LABOR PERFORMED TO CITY OF IUDftRT BRACH NER: NOTICE IS HEREBY GIVEN, That the undersigned has performed labor and /or furnished materials to DIAMOND BUILDM general contractor, in the repair, construction, or alteration of that certain structure or improvement situated at your property on Lot Lido Park D p dFiract %838 recorded in BookPublie York /pages E -7 of Maps, of the County Recorder of Ora ge County, State of California, also described as Lide Park Dri iftdi city of Newport Beach California. The following is a statement, in general terms, of amount of labor or kinds of material furnished: Labor & equi,P®tnt to iaetall piling. The same has been furnished between the 16thday of dannaay 19—Z6 and the- 3T!a—day of Bebrriare 19-76— The amount in value of that already furnished is (= 81855.50 ), and the total amount agreed to be furnished was ($-81855. 0 �, Nothing has been paid on account of the above matters except— (,f 8,000.00 1, leaving a balance still due, owing and unpaid of (F 855-50 f. You are hereby notified to WITHHOLD from said contractor sufficient money to answer the foregoing claim, and any lien that may be filed therefor for record under article two, title four, part three of the California Code of Civil Procedure. E. DEAN TAYLOR COMPANY 2806 Lafayette Avenue Newport Beach, California 92660 (Complete Address) WED i? If 4 iy F4 Omer ❑ r Councilmen NOTICI TO WITHHOLD WOLCO772 FORM 664, RIV. 11.66 89PlESSENt i0: -OMATERIAL, RELEASIO Nlayor AA .ney P VV Cirez-or -CONCERN: d6 �40-AOM#W* caw nom, nalim 'ned n Woodling III ...................... ................ . ....... ............. __.._hereby releases uable consideration the undersigned D VPR .2 .9 . . . ...... I the property in the City of ...... Lid a Drive California, from any gabilftyior hen for all materials delivered by it, to or from that said property for or on account of ---- jEE dn in d- this date. CMA F4U:Lmea Lt.e. ..' ............ to ...... .... ;Lae This release is conditioned upon the by ,the bank upon which it is drawn, of the check received in payment for Witness, ft Tom odling III 1-7— kbril— * uy), IfleAp FIRM RAMS 1078'- 'W„ 11-th Street p ig ok -,U land Calif. 1 86 h. 1 -9854492 , "t* Or WOLCOTTX FORK 1316 'Z\1 By ''A ATIV* NOTICE TO WITHHOLD STOP NOTICE TO OWNER (or holder of funds) OF MATERIALS FURNISHED OR LABOR PERFORMED 1 . TM. r7rr.r. - • C-17—O 1 NOTICE IS HEREBY GIVEN, That the undersigned has performed labor and /or furnished materials toDi AmnT1d Bid I ders general contractor, in the repair, construction, or alteration of that certain structure or improvement situated at your property on Lot Rhine Wharf Park, Lido Park Drive Improvements of Tract _ recorded in Book , Pages of Maps, of the County Recorder of 0ranxe County, State of California, also described as Lido Park Drivgireet, City of Newport Beach ,California. The following is a statement, in general terms, of amount of labor or kinds of material furnished: The acting entity furnished to Diamond Builders various types of minor construction tools and equipment for the described project• The same has been furnished between the_12_ —day of Nc vemher —,1975 and the-23—day of February , 192-E— The amount in value of that already furnished is Two Thousand Nine Hundred Eighty Dollars and Nineteen Cents 2980.19 r, and the total amount agreed to be furnished was – Open a Account Nothing has been paid an account of the above matters except Wo11 a Li None t leaving a balance still due, owing and unpaid of (S 2980.19 1 You are hereby notified to WITHHOLD from said contractor sufficient money to answer the foregoing claim, and any lien that may be filed there under article two, title four, part three of the California Code of Civil Procedure. _ Date 3' % $�-7 �v Tom Woodling III HUT", L - C r l�� K 1078 W. 11th Street :f'! OF Upland, California 91786 A'BYPORT BEACH;: �- b CALIF. Si ne �' L✓].�� hcta STATE OF CALIFORNIA COUNTY OF Los Angeles This 1st Day of March 197 6 Date Votary Expires January 26, 80 Mar WITHHOLD IORM bbe, RN. 11.66 eeeeeeeeeeeeeeeeeeeeeeeeee�ele e OFFICIAL SEAL PATRICIA MARIE Sllt e .m NOTARY PUBLIC• CALIFPRNIA • PRINCIPAL OFEICC IN o LOS ANGELES COUNTY My Commission ExpiIES lenusry 26, L9aO I z CALIFORNOk PRELIMINARY *NOTICE IN ACCORDANCE T ROU H DEC SECTION 1193, CALIFORNIA CODE OF CIVIL PROCEDURE AND SECTION AND 0, 8, CALIFORNIA GOVERNMENT CODE EFFECTIVE THROUGH DECEMBER 31, 1970) AND IN ACCORDANCE WITH SECTION JANUARY 1. AND 309 e, CAIFO CIVIL CODE (WHEN SUCH SECTIONS BECOME EFFECTIVE JANUARY 1. 19]1.) YOU ARE HEREBY NOTIFIED THAT . . . CONSTRUCTION LENDER or Reputed Construction Lender, if any r Tom Woodling,ITT (name of person or firm furnishing labor, services, equip - Public Works Project meet or material) lo78 W ++ ,Ca. (address of person or firm furn ishing labor, services, equip L J 91786 714 - 9854492 ment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: — FOLD HERE Minor construction equipment; (general description of the labor, services, equipment or generator, compressor & tools,hose material furnished or to be furnished) for the building, structure or other work of improvement locatedatEhine Wharf Park (address or description of job site OWNER or PUBLIC AGENCY ach or Reputed Owner (on public work) suffi<ienl for identification) (on private work) The name of the person or firm who contracted for the pur- chase of such labor, services, equipment or material is: i City of Newport Beach Diamond Builders Dept. of Public Works 1300 E. Newport Blvd. 12631 E. Imperial Hwy. Newport Beach, California L Santa F'e S ri nga (:al i fnrni � g (address of above person or firm) An estimate of the total price of the labor, services, equip- . — FOLD HERE ment or materials furnished or to be furnished is: Open (this must be furnished to construction lender — optional as to owner or contractor) If bills are not paid in full for labor, services, equipment or materials furnished or to be furnished, the improved property may be subject to mechanic's liens. ORIGINAL CONTRACTOR or Reputed Contractor, if any Dated: IIu 12 A 19 7 6 (signs ` (title) Diamond Builders 12631 E., Imperial Hwy. Santa Fe Springs, California L J (Please note reverse side) WOLCOTTS FORM 1510. Rev. 10.71 I ! 16 For year assistant the fableing selected paragraphs of Section 3o97 d the maraia civil cek an herafter gated. Skald you hate toy kabt as to the osefaleess of this fm far yaw palliates yes are ugN to n isaR year we atteray. "(a) Execpt one under direct contract with the owner or one performing actual labor for wages, every person who furnishes labor, service, equipment, or material for which a lien otherwise can be claimed under this title, or for which a notice to withhold can otherwise be given under this title, must, as a necessary prerequisite to the validity of any claim of lien, and of a notice to withhold, cause to be given to the owner or reputed owner, to the original contractor, or reputed contractor, and to the construction lender, if any, or to the reputed construction lender, if any, a written preliminary notice as prescribed by this section. "(b) All persons having a direct contract with the owner, except the contractor or one performing actual labor for wages, who furnish labor, service, equipment, or material for which a lien otherwise can be claimed under this title, or for which a notice to withhold can otherwise be given under this title, must, as a necessary pre- requisite to the validity of any claim of lien, and of a notice to withhold, cause to be given to the construction lender, if any, or to the reputed construction lender, if any, a written preliminary notice as prescribed by this section. "(c) The preliminary notice referred to in subdivisions (a) and (b) shall be given not later than 20 days after the c:aimant has first furnished labor, service, equipment, or materials to the jobsite ..." Af) Service of notice required under this section may be given by delivering the same to the person to be notified, personally, or by leaving it at his address or place of business with some person in charge, or by first -class mail, registered mail, or certified mail, postage prepaid, addressed to the person to whom notice is to be given at his residence or place of business address, at the address shown by the building permit on file with the authority issuing a building permit for the work, or at an address recorded pursuant to subdivision (j) of this section. If the address of the person on whom notice was required to be served is not actually known, then service of such notice may be by first -class mail, registered mail, or certified mail, addressed to the jobsite, with the envelope setting forth the name of the owner or reputed owner, if known, or if not known, then merely "owner" or to the person to whom a notice to withhold may be given, if known, or if not known, then to "construction lender" or to the original contractor, if known, or if not known, then to "general contractor ". When service is by registered or certified mail, service is complete at the time of the deposit of the registered or certified mail. "(h) Where the contract price to be paid to any subcontractor on a particular work of improvem,nt exceeds four hundred dollars ($400), the failure of that contractor, licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, to give the notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of Contractors." v February 24, 1976 ')jamond Builders - 1251 H. Imperial. Hwy. Santa Fe Springs, California Suite 101 Subject: Unpaid equipment rental charges. M� Gentlemen, The enclosed invoice is to superceed all previously rent to you and is to notify you of the charges levied - against your job in Newport Beach,(Rhine Wharf Park). '�e have cancelled all previous invoices, with the full approval of Don Brockman, project superintendent, engineer, sponsor, and 25% co- partner, which reflected most courteous, cash, 30 day rate. Since I have not received any mention of payment, having supplied equipment continuously for your project from November 12, 1975, I (IQ herchy ap-,ly these rates to that equipment which was used. The investigation of these rates will disclose the fact that they are those rates used and published for the equipment rental industry. Sincerely yours, A Tom Woodling III 4i � yti a c C` I Ns I� , I �I ` II I • I {I A" IIII I [aI . � I c .,4 r. O 44 W I U I 1 i I U j r .HI a 01 4;1 l UI � 4a .N ro s. a cr, . I d QII >ti �I r �i i I I � A U 1 1 •.i V + 1 A x 1. O m m K' +I a 7 k •�I c 0 0� i I a.I I I i ICI C I II O I J I ..I C 1 i1 a„.i "r c • Ni J �0 \ N [� U C q N � G O m •r1 b m ti ail l el I I I:! M �c •rI p •rl C 0 C'J o: vco c UI i 41 eC CI I I � O J1 r� c .,4 r. O 44 W I U I 1 i I U j r .HI a 01 4;1 l UI � 4a .N ro s. a cr, . I d QII >ti �I r �i i I I � A U 1 1 •.i V + 1 A x 1. O m m K' +I a 7 k •�I c 0 0� i I a.I I I i ICI I II O I J I ..I sn 1 i1 a„.i "r • Ni J �0 \ ti ail l el I I I:! �rl UI i 41 eC CI I I � ,C! OI I I � i I FLOATS - PIERS - BU&ADS - PILINGS - MOORINGS - NEW IN#LATIONS AND REPAIRS E. DEAN TAYLOR COMPANY 2800 LAFAYETTE AVE., NEWPORT BEACH, CALIFORNIA 92880 Business: (714) 073-1850 Residence: (714) 548 -2890 E. DEAN TAYLOR, Owner LICENSE NO: A 251394 March 9, 1976 CITY OF NEWPORT BEACH CITY HALL NEWPORT BEACH, Caliofarnia Re: Inv. #76 -2 -2 Job #1201 Gentlemen: J e, 4 This is to advise that funds have been collected by E. DEAN TAYLOR CO. for labor and equipment to install piling at Rhine Wharf Park from Diamond Builders. Very truly yours, E. DEAN TAYLOR COMPANY A; 1�.� 1-::L DEAN TAYLOR Owner DT:vc orate :j G `r,,T TO: 1 -, or A orney .. _. . CCtor f" ^, ::sc�0irecto[ Councilmert v✓ 7 ,i 3/, NOTICE TO WITHHOLD STOP NOTICE TO OWNER (or holder of funds) OF MATERIALS FURNISHED OR LABOR PERFORMED NOTICE IS HEREBY GIVEN, That the undersigned has performed labor and /or furnished materials to DIAMOND BUILDERS general contractor, in the repair, construction, or alteration of that certain structure or imprpyeement situated at your property on Lot LL P t Lido Park DR} Tract 7898 recorded in Book Public Work/ Pages E -7 of Maps, of the County Recorder of Oran County, State of California, also described as Lido Park nr•, XOV City of Ne•Irport Beach California. The following is a statement, in general terms, of amount of labor or kinds of material furnished: Labor and equipment to install piling. The same has been furnished between the_lbthday of January 19._26_, and the---33!clday of PPhrelary , 19-7A6_. The amount in value of that already furnished and the total amount agreed to be furnished was (S Rrl• Nothing has been paid an account of the above matters except leaving a balance still due, owing and unpaid of (j 4,855.50). You are hereby notified to WITHHOLD from said contractor sufficient money to answer the foregoing claim, and any lien that may be filed therefor for record under article two, title four, part three of the California Code of Civil Procedure. r"!, ; r HOTIC[ TO WITHHOLD WOLCOTTS FORM 664. REV. 11.65 2806 Lafayette Ave. ':•� • 1 Y YI � e I, C. DIAMOND � OtN[RAL CONTRACTORa YCNOOL.STATK „IMLIC WORK/. MILITARY E.. 12681 WT IMRR4L H1G** ,' • ■AMTA I■ ■ XIM■116 ■ALIP' FEB 18, 1976 ■TAYC I.M. Ma. ■ao$= TO: E. DEAN TAYLOR 2806 LAFAYETTE_ AVE NEWPORT BEACHI CALIF. 92660 y' SMIECT: RINE WARF PARK IMPROVEFIENT , FOR THE CITY OF NEWPORT PEACH.`; r: r Dear Mr Taylor. We would like to thahk you for the work that was done for us on the above project.° We are sending you a check in the anount of $4,000.00 on your contract. The balance will be paid to you when the City of Newport Beach sends us our next progress naynent, which only a portion of your phase of the work was on this nrogress payment. Sincerly Yours A.C. Craig; Diamond Builders 0 0 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1598 Project Street ffil3 Mharf lTxoft=nts for Mim %vwf Para[ Attached is signed copy of subject contract for transmittal to the contractor. I Contractor: A Address: 12631 E. ItTperial Highway, Santa pie springs 90670 Amount: $ 135.200.00 Effective Date: 27otiiw 11, 1975 i Resolution No. 8619 xx Laura Lagios LL-dg Att. cc: Finance Department CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR STREET AND WHARF IMPROVEMENTS FOR THE RHINE WHARF PARK CONTRACT NO. 1598 Approved by the City Council this 8th dar of Septembe 1975. �f Laura agios, City IT k Submitted by., Diamond Builders Contractor 12631 E. Imperial Highway Address Santa Fe Springs, CA 90670 City Zip 213 -868 -1764 Telephone $135,200.00 Total Bid Price f T f' CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS Page l SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:30 A.M. on the 15th day of October , 1975 at which time they wfl be opened and read, for performing work as follows: STREET AND WHARF IMPROVEMENTS FOR THE THE RHINE WHARF PARK CONTRACT NO. 1598 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature 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 an the—Corporate � __�te Seal shall be affixed to all documents requiring signatures. In the case of a arP tnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) Page la The City has adopted the Standard S tcifications for Public Works Construction (1973 Edition) as prepare y t e out ern California Chapters of the American Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), 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, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -10 -73 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, 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 price, 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 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 under- signed 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 Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying 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. 240103 Classification A & B Accompanying this proposal is Bidder's Bond (Cash, Certified C ec ,, Cashier's Check or Bon i 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 - insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. Phone Nu er AMOND BUILDERS Bidder's Name (SEAL) R' ut orTZe ignature /�?. e. /,�' A_f?,� 0 Authorized Signature TndiviAuaT Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors 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 subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. Electrical Smith Electric 2. Piles Raymond Pile International 3. Concrete Richard Uribe 4. 5. 6. 7. 8. 9. 10. 11. 12. DIAMOND BUILD Bl er's ame S� r_C tq , CJ{r ' � uA thorized Signature Individual Type of Organization (Individual, Co- partnership or Corp.) a �R ORIGINAL SEE CITY CLERK'S FI COPY Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, DIAMOND BUILDERS , as Principal, and AMERICAN BONDING COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the amount bid in Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of Street and Wharf Improvements for The Rhine Wharf Park Contract No. 1598 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 14th day of October , 19 75 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact) DIAMOND BUILDERS Principal S /A. C. Craig � � L Title Attorney -in -Fact NON- COLLUSION AFFIDAVIT 0 Page 5 The bidders, 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 agree- ment 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 agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent 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 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 this 18th day of October , 19 75 My commission expires: march 21. 1976 DIAMOND BUILDERS S /A. C. Craig S /Roger K. Patterson Notary Public �R ORIGINAL SEE CITY CLERK'S F COPY Page 6 jSTATEMENT OF FINANCIAL RESPONSIBILITY I The undersigned submits herewith a statement of his financial responsibility. On file with City Clerk. S /A. C. Craig Signed . _ • • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1975 City of Newport Beach Al Beingessner 714 - 640 -2281 1975 City of Norwalk Burt Myers 213 - 868 -3254 1975 L A County Road Dept L E Wells 213 - 974 -1411 1974 Savannah School Joe Goode 213- 651 -2890 1973 Centrila School District Fritk Fritk & Jotte 213 - 792 -7124 1972 Golden West College John Potter 714- 556 -5709 Job Superintendent and Engineer will be Don Brockman -Experience: Graduate Civil Engineer - Pascal Ludwig Engineers• 15 months Casler Cora Peter Kiewit & Sons• 8 months Craig & Welsheimer Constructors A C Craig is owner and financial hacker of niamond M,ildprc. 18 years business experience; financial backer for A C_ Craig k _ C. R. Welsheimer cc -s4 ` Signed • Page 8 LABOR AND MATERIAL BOND BOND NO. 040071 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted October 28, 1975 as awarded to Diamond Builders hereinafter designated as the "Principal ", a contract for Street and Wharf Tmp reve- ments for The Rhine Wharf Park Contract No. 1598 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a.bond.with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender., or other supplies or teams used in, upon, .for, .or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay.the same to the extent hereinafter set forth: NOW, THEREFORE, We DIAIDND BUILDERS as Principal,.hereinafter designated as the Contractor and FARMERS HDMB MUTUAL INSURANCE COMPANY ...... as Surety, are held firmly bound -unto the City of Newport Beach, in the sum of SIXTY -SEVEN TBDUSAND, SIX HUNDRED AND NO /100------------- - - - - -- Dollars ($ 67,600.00 said sum being one -half of the estimated amount payable by the City of Newport Beach under.the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors.and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION.IS SUCH, that if the person or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for.any other work or labor thereon of any.kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or,Sureties Will pay for the same, in an amount not exceeding the sum specified in the bond, and.also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. '4, i • Page 9 (Labor and Material Bond - Continued) This bond shall inure to the benefit of any and all persons, companies, and corporation 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 bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And the said Surety, for value extension of time, alterations to be performed thereunder or affect its obligations on this extension of time, alterations work or to the specifications. received, hereby stipulates and agrees that no change, or additions to the terms of the contract or to the work the specifications accompanying the same shall in any wise bond, and it does hereby waive notice of any such change, or additions to the terms of the contractor or to the .In the event that any principal above named executed this bond as an individual, it is ijreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 6th day of November, , 19 75 Premium for this Bond is included under Perforrn. ante Bond premium DIAMOND BUILDERS (Seal) BY: (Seal) (Seal) Contractor FUMM g0M MMAL IN itAPP ��OMa I) BY: (Seal) L Ar old Porter, Attorney -in -Fact r (Seal) Approved as 1) form: City ttl, ,rC,uo_rneayL%,` /l This bond was approved by the City Council of the City of Newport Beach by motion on Date Attest: ity Clerk .. —LL- ACKNOWLEDGMENT OF SURETY STATE OF California �ss. COUNTY OF Los Angeles On day of November 19 775 personally appeared before me Arnold Portar depose and say that who being duly sworn did dept he is the attorney -in -fact of the Farmers Home Mutual Insurance Company of Minneapolis, Minnesota, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said �� oration b authority f its Board of Directors and the said. Arnold Porter ��nx�mmmaixmm� �w u.. � � .Y �� y ac �pw eg" rifflT W sited said instrument as such attorney -in -fact and as the free act and deed of sal �f�7 rpf 0'!1!1 UJIEZ IN C .':NTY My Nmm issron Expires P,' mrhr 3, 1977 N. G�� 0 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That 0 Page 10 BOND NO. 040071 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 28. 1975, has awarded to Diamond Builders hereinafter designated as the "Principal ", a contract for Street and Wharf Imnrove- ments for The Rhine Wharf Park Contract No. 1598 in the City of Newport Beach, in strict conformity with the drawings and specifications 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 or is about to execute said contract and the terms whereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, DIAMOND BUILDERS as Principal, hereinafter designated as the "Contractor ", and FARMERS NOME MUTUAL INSURANCR COMPANY As Surety, are held and firmly bound unto the City of Newport Beach, in the sum of oNE HUNDRED THIRTY -FIVE THOUSAND, TW1O HUNDRED 6 101100 Dollars ($ 135,200.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,.his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 11 (Performance Bond - Continued) And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 6th day of November. , 19-25--. Premium: $926.00 /per Term. Approved as tto• form:�� ity Attorney 4InM7ND BUILMS (Seal) BY: ` ` (Seal) (Seal) Contractor FARMERS Hom MuTOAL muanmz coMPANY (Seal) BY: ( r�•z�� ( (Seal) Arhold Porter; Aftorney -in -Fact (Seal) Surety ACKNOWLEDGMENT OF SURETY STATE OF California ss. COUNTY OF.I,os Angeles On this 6th day of November, 19 75 personally appeared before me Arnold Porter who being duly sworn did depose and say that he is the attorney-in-fact of the Farmers Home Mutual i Insurance Company of Minneapolis, Minnesota, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said . fifF :P4C:i�PA „l3' „aauthorit}+,,�ef its Board of Directors and the said. Arnold Porter t ackncdyyiedged -that the executed said instrument as such attorney -in -fact and as the free act and deed of saij,Cerpo:Pa tic .l;�� My Gc,.,:r. :SS ;01 EX s ii r , 7 tl FARMS HOME MUTUAL INSURARE CO. No. 4 -3 Minneapolis, Minnesota CERTIFIED COPY OF POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FARMERS HOME MUTUAL INSURANCE COMPANY, a corporation of the State of Minnesota, hav- ing its principal offices in the city of Minneapolis, Minnesota, pursuant to authority granted by a resolution of its Board of Directors adopted April 1, 1970 which reads as follows: "The President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in writing such attomeys -in -fact as the business of the Corporation may require, and to authorize such attorneys -in -fact, and each of them to execute on behalf of the Corporation, any bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like char- acter, or to exercise any lesser number of said powers as hereinbefore set forth. "Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal. The signa- ture of the Secretary or any Assistant Secretary to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment" does hereby nominate, constitute and appoint Arnold Porter its true and lawful Attorney -in -Fact, to make, execute, .seal and deliver for and on its behalf, as surety, and as its act and deed, Any and all Bonds and Undertakings of Suretyship The execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Corpora- tion, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regu- larly elected officers of the Corporation at its office in Minneapolis, Minnesota, in their own proper persons. IN WITNESS WHEREOF, the FARMERS HOME MUTUAL INSURANCE COMPANY, has caused these presents to be signed by its President and its corporate seal to be hereto affixed, duly attested by its Secretary, this 14th day of April 19 71 FARMERS HOME MUTUAL INSURANCE COMPANY Clyde R. Johnson By A. J. Kelly (Seal) Secretary President STATE OF MINNESOTA: l ss. County of Hennepin J On this 14th day of April , 19 71 before me, the undersigned, a Notary Public in and for the State of Minnesota, duly commissioned and sworn, personally appeared an to be know to be the President and Secretary, respectively, of FARMERS HOME MUTUAL INSURANCE COMPANY, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and vol- utary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said Corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Merle D. Wilts Notary Public in and for Hennepin County, Minnesota My Commission expires: March 2, 1973 CERTIFICATE I, the undersigned, certify that I am the Assistant Secretary of Farmers Home Mutual Insurance Company, a Minnesota corporation, and that the attached Power of Attorney remains in full force and effect, and has not been re- voked; and furthermore that the resolution of April 1st, 1970, adopted by the Board of Directors of said company as set forth in said Power of Attorney, is now in full force and effect' IN TESTIMONY WHEREOF, I have hereunto subscribed my name xed t corpo seal of the said Com- pany this 6th day of November. 1975 (SEAL) FMMI.I0I -4-71 ant Serry Page 12 CONTRACT THIS AGREEMENT, made and entered into this /� day of 19 75 , by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and DIAMOND BUILDERS 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 STREET AND WHARF IMPROVEMENTS FOR THE RHINE WHARF PARK CONTRACT NO. .1598 . 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, (Except such materials, if any, as in the said Specifications are stipulated to be furnished 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 description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated tube 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, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties 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 Agreement. c: Page 13 5. Pursuant to the Labor Code of the State of California, 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 City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage; 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. Approved as to form: v7tex City Attorney CITY OF NEWPORT;BEACCHH, CALIFORNIA By: •mayor contractor (SEAL) BY: Tip By it e 41 it PR 1 of 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET AND WHARF IMPROVEMENTS FOR THE RHINE WHARF PARK CONTRACT NO. 1598 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, . and hereby proposes to furnish all materials and do all work required to complete Contract No. 15981n accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: 1. 1 Clearing and grubbing Lum�u Eight Thousand Seven @ Hundred Sixty -Seven Dollars and Fifty Cents Per Lump Sum 2. 280 Construct Type "A" portland Linear Feet cement concrete curb and gutter (6" or 8" CF) per CNB Std. -105 -L and per Detail "B ", Sheet 3 . @ Seven Dollars and No Cents Per Linear Foot $ 7.00 $ 1.960.00 3. 450 Construct Type "A" Portland Linear Feet cement concrete curb and gutter (6" or 8" CF) per CNB Std. -105 -L @ ceVen Dollars and Cents $ 7.50 $ 3.375.00 Per near Foot s PR2of8 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 155 Construct Type "B" portland Linear a cement concrete curb per CNB Std. -105 -L (6" CF) ,@ Dollars -Six and Fifty Cents $ 6.50 $ 1,007.50 Per Linear Foot 5. 93 Linear Feet Construct Type "B" portland cement concrete curb per CNB Std. -105 -L (modified and C.F. varies) @ Six Dollars and No Cents $ 6.00 $ 558.00 Per Linear Foot 6. 8 Each Construct portland cement concrete parking meter base and install post per detail Sheet No. 3 @ One Hnndrad Dollars and Cents $ inn nn. $ 800.00 er ac 7. 1. Construct reinforced portland Lump Sum cement concrete channel and modify existing catch basin per detail Sheet No. 3 @ Two Thousand Dollars and No Cents $ 2.000 -nn $ 9� n nn Per Lump Sum 8. 1,530 Construct 6" thick portland Square Feet. cement concrete ramp with W.W.F. Reinforcing over compacted native soil @ Three Dollars and Cents Per qS uare Foot $ 3 50 $ 5,355 , 9 PR3of8 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 200 Construct 6" thick Type II Square Feet portland cement concrete commercial driveway approach over compacted native soil per CNB Std. -112 -L (Partial) @ Six Dollars and No Cents Per Square Foot 10. 1,175 Construct 4" thick portland Square Feet cement concrete sidewalk per CNB Std. -110 -L IN 111 @ Five Dollars and No Cents Per Square Foot $ s nn. $ 5_R25 no 11. 270 Square Feet Construct 6" thick type "I" portland cement concrete commercial driveway approach over compacted native soil per CNB Std. -111 -L @ Four Dollars and No Cents $ 4.00.. $1- ogn_on Per Square Foot 12. 480 Tons Construct 1" A.C. Surface Course (Type III C3 -AR -4000) with tack coat over variable thickness A.C. base course (Type III -B2 -AR -4000) @Eiahteen Dollars and No Cents $_fig on $8,640 nn Per Ton 13. 180 Construct 6" Aggregate Base Tons over compacted native soil. @ Fifteen Dollars and Kn Cents $ 15.00 $2.700.00 Per Ton i 46 ITEM QUANTITY NO. AND UNIT UNIT ITEM DESCRIPTION. PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 14. 290 Seal .coat existing and new a ons pavement with SS -1 Fog Seal @ Twn Dollars and No Cents $ 2.00 $ 580.00 Per Gallon 15 16. 17. 18. 1 Lump Sum 10 Each 3 Each Remove and replace existing brick walk @ One Hundred & FiftvDollars and No Cents Per Lump Sum Adjust existing water valve box, water meter box, survey monument box, or sewer cleanout to finished grade @ Fifty Dollars and No Cents Per Each Adjust existing sewer manhole or water vault to finished grade @ Onp Hundrpd Dollars and Nn Cents Per Each 1 Guard underground construc- Lump Sum tion. @ Three Thousand Dollars and No Cents Per Lump Sum ,} I _11 1711 11 II 23. 29 Each Install 14" x 14" precast, prestressed concrete pile Three Hundred and @ Twenty -fv_ Dollars and pip Cents $ -;25 nn $ 0.495 nn Per Each 24. 29 Install 12" tip diameter, Each Class B Timber Fender Pile Three Hundred and @ TwptX -five Dollars and Nn Cents $ 3 ?5:nn $ 9,425 nn Per Each i PR5of8 M QUMNTITY ITEM DESCRIPTION UNIT TOT FL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 3,100 Construct 2" and 3" thick Squa m Feet boardwalk and appurtenances per specifications @ Four Dollars and Fifty Cents $ 4.50 $13,950.00 Per Square Foot 20. 975 Construct 4" thick loading Square Feet ramp boardwalk and appur- tenances per specifications @ Four Dollars and Fifty Cents $ 4.5n $ 4_357.5n Per Square Foot 21. 750 Furnish 14" x 14" pre - nLT ear Feet stressed concrete pile @ Fight Dollars and Fift,� Cents $ R Fn $ r, 37r, on Per Linear Foot 22. 915 Linear Feet Furnish 12" tip diameter, Class B Timber Fender Pile @ Eleven Dollars and Fifty Cents $ 11.50 $10,522_50 Per Linear Foot 23. 29 Each Install 14" x 14" precast, prestressed concrete pile Three Hundred and @ Twenty -fv_ Dollars and pip Cents $ -;25 nn $ 0.495 nn Per Each 24. 29 Install 12" tip diameter, Each Class B Timber Fender Pile Three Hundred and @ TwptX -five Dollars and Nn Cents $ 3 ?5:nn $ 9,425 nn Per Each 0 PR6of8 ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 25. 16 Install Mooring Cleats Each @ One Hundred Fifty Dollars and No Cents $ 150.00 $ 2,400.00 Per Each 26. 1 Lump Sum Construct wood guard wall per detail Sheet No. 3 @ Six Hundred Dollars and No Cents $ 600.00 $ 600.00 Per Lump Sum 27. 1 Construct 6" V.C.P. connec- �h tion to existing manhole @One Hundred Fifty Dollars and No Cents $ 150.00 $ 150.00 Per Each 28. 1 Construct terminal sewer Each cleanout per CNB Std. -400 -L with cover modified per detail Sheet No. 3 @ Two hundred Fifty Dollars and No Cents $ 250.00 $ 250.00 Per Each 29. 57 Construct 6" vitrified clay Linear Feet pipe sewer including trench resurfacing @ Six Dollars and No Cents $ 6.00 $ 342.00 Per Linear Foot 30. 1 Install fire hydrant Each assembly per CNB Std. -500 -L @ Six Thousand Dollars and No Cents $ 6,000.00 $ 6,000.00 Per Each i • PR7of8 I ET M QUANTITY N0. AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 31. 460 Install 6" A.C.P. - Class Linear Feet 150 Water Main @ Seventeen Dollars and Fifty Cents $ 17.50 $ 8,050..00 Per Linear Foot 32. 350 Install 2" P.V.C. - Class Linear Feet 315 Water Lateral @ Three Dollars and Fifty Cents $ 3.50 $ 1,225.00 Per Linear Foot 33. 1 Install 2" Water service Bch per CNB Std. -503 -L @ Six Hundred Dollars and No Cents $ 600.n0 $ 600.00 Per Each 34. 1 Each Install 6" Not Tap to existing 8" C.I.P. Per CNB Std. -507 -L @ f�i ht Hundred Dollars and Nn Cents $ Rnn nn $ Rnn nn Per Each 35. 3 Install 6" gate valve per Each CNB Std. -508 -L .@ Three Hundred Dollars and No Cents $ 3nn_on $ Qnn_on Per Each 36. 1 Each Install 6" x 6" x 4" A.C.P. Tee (CAP 6" Stub) @ Two Hundred Fifty Dollars and ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 37. 1 Install Key operated hose Eac bib, 3/4" Brass Riser.and Fittings with 3/4" Copper Service Line to and from meter, backflow preventer and meter box Seven Hundred Dollars and No Cents $ 700.00 $ 700.00 Per Each 38. 1 Install street lighting Lump Sum system including 4 lights, conduit, pull box, con- ductors, and relocations, complete in place 39. @ Nine Thousand Dollars and No Cents $ 9,000.00 $ 9,000.00 Per Lump Sum Lump Sum Install electrical service system including enclosure, meter, conduit, conductors, coin - operated meters, electrical outlets and appurtenances, complete in place. @ Two Thousand Dollars and No Cents $ 2,000.00 $ 2,000.00 Per Lum Sum TOTAL PRICE WRITTEN IN WORDS: One Hundred Thirty -Five Thousand Two Hundred Dollars and No _ _ Cents Total $ 135,200.00 10 -15 -1975 Date CONTRACTOR'S LICENSE NO. 240103 A & B S/ A. C. Craig , (.. _rte Bidder's Name /} S/ A. C. Craig Authorized Signature ��11 TELEPHONE NUMBER 213- 868 -1764 CONTRACTOR'S ADDRESS 12631 E. Imperial Hwy., Santa Fe Springs, CA 90670 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR STREET AND WHARF IMPROVEMENTS FOR THE RHINE WHARF PARK CONTRACT NO. 1598 Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . 1 H. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . . . . 2 V. PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . 3 VII. NOTICE TO RESIDENCES AND BUSINESSES. . . . . . . . . . . . 3 VIII. PROTECTION OF EXISTING UTILITIES AND STRUCTURES . . . 3 IX. PROTECTION OF EXISTING PROPERTY CORNERS . . . . . . . . 4 X. WATER . ............................... 4 XI. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 mi. SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . . . 4 A. Surface Water . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Ground Water . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Dewatering . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 XIII. GUARDING UNDERGROUND CONSTRUCTION . . . . . . . . . . . 5 MV. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . 5 A. Clearing, Grubbing and Other Removals . . . . . . . . . . . . 5 B. Portland Cement Concrete Improvements . . . . . . . . . . . 6 C. Aggregate Base . . . . . . . . . . . . . . . . . . . . . . . . . 7 D. Asphalt Concrete . . . . . . . . . . . . . . . . . . . . . . . . 7 i INDEX (continued) Page E. Storm Drain System. . . . . . . . . . . . . . . . . . 7 F. Adjustment of Manholes, Water Valve Boxes, Etc. to Finished Grade . . . . . . . . . . . . . . . . . . . . . 7 G. Backfill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 H. Carpentry . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I. Piles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 J. Metals . . . . . . . . . . . . . . . . . . . . . . . . . . 14 K. Street Light System . . . . . . . . . . . . . . . . . . . . . . . 17 L. Electrical System . . . . . . . . . . . . . . . . . . . . . . . . 17 M. Water System . . . . . . . . . . . . . . . . . . . . . . . . . . 18 N. Sewer System . . . . . . . . . . . . . . . . . . . . . . . . . . 18 XV. COMPLIANCE WITH THE DAVIS -BACON ACTS AND RELATED ACTS AS REQUIRED BY FEDERAL REGULATIONS . . . . . . . . . . . . . . . . 19 A. Minimum Wages. . . . . . . . . . . . . . . . . . . . 19 B. General Area Wage Determinations . . . . . . . . . . . . . . . 22 ii I. II • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR STREET AND WHARF IMPROVEMENTS FOR THE RHINE WHARF PARK CONTRACT NO. 1598 SCOPE OF WORK SP I of Z2 The work to be done under this contract consists of removal of exist- ing street improvements; and construction of curbs, gutters, paving, sidewalks, boardwalks, loading ramps, water system, electrical sys- tem, reinforced box culvert, curb inlet, and other incidental items of work as shown on the plans. The contract requires completion of all the work in accordance with these Special Provisions, the Plans (Drawing No. P- 5070 -5), the City's Standard Special Provisions and Standard Drawings, and the City's Standard Specifications (Standard Specifications for Public Works Con- struction, 1973 Edition with 1974 nu ement ). conies of wFinh qrp available at Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, (213) 870 -9871. Copies of the City's Standard Spe- cial Provisions and Drawings may be purchased at the Public Works Department for $5. COMPLETION, SCHEDULE AND PROSECUTION OF WORK The contractor shall complete all work on the contract within 120 con- secutive calendar days after award of the contract by the City, and as specified in Section 6 of the Standard Specifications. The con- struction schedule submitted bythe contractor shall be approved by the Engineer prior to the start of any work. The work shall be carried on at such places at the project and also in such order of precedence as maybe found necessary by the Engineer to expedite the completion of the project and minimize obstruction to normal use of streets, roads, and harbor. Where work has begun on any portion or designatedpart of the project, it shall be carried forward to final completion as rapidly as practicable. All operations shall be conducted so as not to interfere unnecessarily with the authorized work of utility companies or other agencies in any public street, alley, way, parking area, or harbor. After the contractor removes the existing improvements, adjacent to the bulkhead, the City will investigate the condition of the bulkhead and tie rods, and will make any repairs deemed necessary. The contractor shall adjust his schedule to allow sufficient time for the City to make the repairs. 0 0 SP 2 of 22 The contractor shall maintain the project site in accordance with the requirements of Section 7 -8. 1 of the Standard Specifications. In addition, the contractor shall install and maintain a floating scum control curtain on the water surface during construction of the wharf. All debris shall be confined and removed from the water surface as required by the Engineer. III. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equip- ment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work, not separately provided for in the proposal, shall be included in the price bid for other related items of work. IV. TRAFFIC CONTROL AND ACCESS The contractor shall provide traffic control and access in compliance with Subsection 7 -10 of the Standard Specifications. At no time shall any street be closed to traffic except upon specific approval of the engineer. The contractor shall maintain at all times not less than two (2) 11 foot traffic lanes (1 lane each direction) on Lido Park Drive. Prior to commencing the work, the contractor shall submit a written traffic plan to the engineer for approval. The plan shall show the location and signing of all detours and barricades, and any other details required to assure that all through and local traffic will be handled in a safe and efficient manner with a minimum of inconvenience. The contractor may restrict the docking of boats adjacent to the bulk- head during the time the docking wharf and pedestrian boardwalk are actually under construction. This restricted access shall not exceed a total of 20 working days. The contractor shall make every effort to keep inconvenience to a minimum for boats docking adjacent to the bulkhead area during the entire project. V. PERMITS The City has obtained the following approvals and permits which are available for inspection at the Public Works Department: 1. Permit for discharge of waste water: County Sanitation Districts of Orange County (see also Section XII, Surface and Groundwater Control). Project approval: California Regional Water Quality Con- trol Board - -Santa Ana Region (see also Section )II, Sur- face and Groundwater Control). 3. Permit: California Coastal Zone Conservation Comis- sion, South Coast Regional Commission. SP3of22 4. Permit: Department of the Army, Los Angeles, District Corps of Engineers. The contractor shall be responsible for making himself aware of and conducting his operations in accordance with the requirements of these approvals and permits. All costs involved in complying with these provisions shall be included in the price bid for the various items of work, and no additional compensation will be made therefor. The contractor shall obtain the following permits, prior to any con- struction: 1. Permit to perform excavation or trench work from the Division of Industrial Safety, State of California (see Sec- tion XIII, Guarding Underground Construction). Permit to dispose of demolition at any sanitary landfill site in Orange County, from the City Public Works De- partment at no charge (see Section XIVA, Clearing and Grubbing). VI. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engineer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. VII. NOTICE TO RESIDENCES AND BUSINESSES The City will mail preliminary notice to all residents and businesses affected by this work. Between 40 and 55 hours before closing or restricting vehicular access to and from driveway approaches, the contractor shall distribute to each affected residence or business a written notice stating when construction operations will start and ap- proximately when vehicular accessibility will be restored. The written notice will be prepared by the City and the contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribu- tion, false starts, acts of God, strikes or other alterations of the schedule will require renotification using an explanatory letter. VIII. PROTECTION OF EXISTING UTILITIES AND STRUCTURES Known utilities are indicated on the plans. Prior to performing con- struction work, the contractor shall request each utility company to locate its facilities. The construction will cause work to be performed under and very near existing sewer, gas, water, telephone, television, and electrical lines. The contractor shall protect inplace and be respon- sible for, at his own expense, any damage to utilities encountered during construction of the items shown on the plans. The contractor's attention is called to Section 5 and Subsection 7 -9 of the Standard Specifications. • SP 4 of 22 Existing buildings and structures abutting proposed improvements are indicated on the plans. Prior to construction, the contractor shall verify the location of existing buildings and structures and shall pro - tect them in place and be responsible for, at his own expense, any damage to them resulting from construction of the improvements. The contractor is advised that other contractors or utilities may be installing facilities on or adjacent to the project, and he shall coordi- nate with them in order to facilitate orderly progress of all work. IX. PROTECTION OF EXISTING PROPERTY CORNERS Every effort shall be made by the contractor to protect any existing property corners uncovered during construction. Should any of these corners be disturbed, they shall be restored by the contractor at his expense and no separate compensation will be made. X. WATER The contractor shall make his own provisions for obtaining and apply- ing water necessary to perform his work. If the contractor desires to use available City water, it shall be his responsibility to make arrangements for water purchases by contacting the City's Utilities Superintendent, Mr. Tom Phillips, at (714) 640 -2221. XI. GUARANTEE The contractor shall guarantee for a period of one year, after accept- ance of the work by the City Council, all materials and workmanship against any defects whatsoever. Any such defects shall be repaired at the contractor's expense. XII. SURFACE AND GROUNDWATER CONTROL A. Surface Water Surface runoff water containing mud, silt, or other deleterious material from the project shall be treated by filtration or retention in a settling basin or basins, sufficient to prevent such waters from entering storm drains or the bay. Prior to commencing con- struction, the contractor shall submit a plan for implementing siltation control concurrently to the City and to the California Regional Water Quality Control Board, Santa Ana Region (6833 Indiana Avenue, Suite 1, Riverside, California 92506, Telephone (714) 684 -9330, Mr. Herrera). Upon approval of the plan by the City and the Board, the contractor shall be responsible for the implementation and maintenance of the control facilities. The con- tractor's attention is called to Subsection 7 -8.1 of the Standard Specifications as regards project site maintenance. B. Ground Water It is anticipated that ground water will be encountered at various times and locations during the work herein contemplated. The • • SP 5 of 22 contractor, by submitting a bid, acknowledges that he has investi- gated the risks arising from ground water and has prepared his bid accordingly. C. Dewatering All water removed from excavations shall be pumped to a portable settling box of a size and configuration capable of removing sus- pended solids from the dewatering operation. The discharge from the box shall have a 2 1/2" standard fire hose connection. The discharge from the box shall be metered. Water from the settling box shall be discharged into the nearest sewer manhole. Dis- charge from the box will be periodically sampled by the Orange County Sanitation No. 5. The City has obtained and paid for the necessary permit from Orange County Sanitation District No. 5. One standard fire hydrant meter will be furnished to the contractor and may be picked up at the City's maintenance yard at 592 Superior Avenue from the Utility Division. All costs involved in the dewatering operation shall be included in the price bid for the related item requiring dewatering. XIII. GUARDING UNDERGROUND CONSTRUCTION Trench excavation and backfill shall conform to Section 306 -1 of the Standard Specifications and these special provisions. Guarding - The walls and faces of all excavations over 5 feet in depth shall be effectively guarded bya shoring system, sloping of the ground, or other equivalent means. Trenches less than 5 feet in depth shall also be guarded when examination indicates hazardous ground move- ment may be expected. The contractor shall obtain a permit to perform excavation or trench work from the Division of Industrial Safety, State of California, prior to any construction. The cost of providing all necessary information to obtain the permit and the cost of complying with the provisions of the permit shall be included in the lump sum price bid for guarding under- ground construction. XIV. CONSTRUCTION DETAILS A. Clearing, Grubbing, and Other Removals These items of work shall be performed in accordance with the requirements of Subsection 300 -1 of the Standard Specifications, except as modified herein: 1. The lump sum price bid for clearing and grubbing shall include full payment for all items shown on the plans to be removed except the brick walk and the partial driveway reconstruction. 0 • SP 6 of 22 2. All P. C. C. and A. C. removals shall be sawcut to a minimum depth of 2 inches prior to removal. 3. All material removed under clearing and grubbing, utilities reconstruction, or excavation from trench or street areas down to the subgrade plane, that is not suitable for use on this project as directed by the Engineer, or as otherwise specified herein, shall become the property of the contractor and shall be disposed of away from the job site in a manner and at a location acceptable to all cognizant agencies, unless otherwise shown on the Plans. Prior to dumping any spoil or waste material from the job site at any sanitary landfill site in the County of Orange, the contractor shall obtain a "Permit to Dispose of Demolition" from the City Public Works Department. There is no charge for this permit; its purpose is to provide authorization for the contractor to use these disposal facilities for excess material. 4. Items shown to be removed and replaced in kind shall be done in accordance with Subsection 7 -9 of the Standard Specifications. Bricks not removed by the adjacent property owner shall be carefully and neatly removed and stockpiled by the contractor, and reinstalled after the adjoining improvements are com- pleted. The contractor shall install bricks that are in the best condition first, and any bricks remaining after all desig- nated areas are reinstalled shall be disposed of by the con- tractor at the direction of the Engineer. If required, any bricks damaged as a result of the contractor's operations, shall be replaced at his expense. Installation of removed bricks shall conform to the grade of the adjoining improvements, and shall be of at least the quality and appearance of the existing brick paved area prior to removals. B. Portland Cement Concrete Improvements All portland cement concrete construction shall be performed ac- cording to the requirements of the applicable sections of the Standard Specifications, unless otherwise modified. Portland cement concrete used for the loading ramp approach shall attain a minimum modulus of rupture of 600 psi (tested in accordance with ASTM designation: C78 -64) within 28 days after placement. Portland cement concrete shall be securely barricaded immediately following placement, and no vehicular traffic shall be allowed thereon until beam tests yield a minimum modulus of rupture of 450 psi. The loading ramp shall have a heavy broom textured finish. Weldedwire fabric shall conform to ASTM A -185. Payment for constructing the P. C. C. ramp shall include the con- crete encased wood nailer strip and the welded wire fabric rein- forcement. • SP 7 of 22 Payment for constructing Type "A" P. C. C. curb and gutter shall exclude curb inlet and local depression lengths. C. Aggregate Base Aggregate base shall conform to the requirements for Processed Miscellaneous Base in Subsection 200 -2.4 of the Standard Specifica- tions. D. Asphalt Concrete Asphalt concrete shall be Type III and shall conform to the require- ments of Subsection 400 -4 of the Standard Specifications. All new asphalt concrete pavement and the existing asphalt concrete pavement, where shown on the plans, shall be sealcoated with a fog seal. Sealcoat shall be type SS -1 emulsified asphalt, spread at the rate of 0. 05 to 0. 10 gallons per square yard, and shall conform to the requirements of Sec. 203 -3.2of the Standard Specifications. E. Storm Drain System All curb inlets shall have a protection bar installed per CNB Std.- 300 -L. F. Adjustment of Manholes, Water Valve Boxes, Etc. to Finished ra e All sewer manholes, water vaults, storm drain manholes, water valveboxes, water meter boxes, survey monument boxes, and sewer cleanouts shall be adjusted to finished grade in a manner similar to that described in Subsection 302 -5. 7 of the Standard Specifica- tions. They shall be adjusted to grade prior to placement of portland cement concrete improvements. In asphalt concrete areas, adjust- ments to finished grade shall be made after placement of the pave- ment. G. Backfill Section 306 - 1.3.5. of the Standard Specifications is hereby amended to require a minimum of 95% relative compaction of all trench backfill in paved areas. The contractor shall densify by jetting and /or ponding supplemented as required with mechanical devices to comply with this special provision. It is the intent of this special provision that no trench backfill settlement will be allowed. H. Carpentry General a. Scope: This contract shall include furnishing of all materials and labor to do all carpentry as required on the plans and as herein specified; including installation . • SP 8 of 22 of nailers, inserts, decking, beams, marine appur- tenances and guardrails and connection of beams to piles. b. Stu ?ervision: Perform carpentry work under direction of a capab experienced foreman. Cooperate with Subcon- tractors to assure overall completion without delay to job progress. Carefully plan and lay out work of construc- tion. Protection: Protect work of this Section from damage of any kina as well as work of other trades in performance of work of this Section. Make good and repair all such damage that may be done during the construction of the improvements and leave the work in first class condition without exception. d. Verification of Conditions: Verify all dimensions at the job, especially locations of concrete pilings prior to deck construction. Contractor shall acquaint himself with work of all other crafts whose work abuts, adjoins, or is in any manner affected by work of this Section. He shall consult with drawings and others, and shall expedite and coordinate materials and labor with them to avoid omis- sions and delays. Rough Carpentry a. Layout: Contractor shall acquaint himself with the Draw- ings, ecifications and requirements of other work which may affect this work. He shall cooperate in every pos- sible way with the mechanics of other trades. He shall direct the location of all grounds, openings, blocking, etc. , for the reception of his work, as otherwise he will be held responsible for any alterations required. He shall make ample preparation in consultations with other crafts to the end that work shall be properly expedited. b. Notching: Under this Section, have skilled mechanics do notcFinng and framing of wooden members required to accommodate structural members, routing of piping, conduit, ducts, and installation of mechanical, electrical or other apparatus or equipment. Notching must be approved by the Engineer. C. Framing: Provide necessary shoring, bracing, or tem- porary structural units required to properly and safely construct framing indicated and respective positions; securely nail, spike, lag screw, or bolt together as in- dicated, specified or required. d. Anchorage: This contractor shall be responsible for the accurate and proper locating in forms of all metal work for anchorage or support of work of this Section before pouring of concrete. The actual placing of all bolts, anchors, pins, nailing blocks, angles, etc., will be by the concrete and masonry contractors, but must be laid • • SP 9 of 22 out and checked by this Contractor. e. (1) Gradinn�: All materials shall bear the official trademark and grade of the association under whose rules it was graded. Moisture content at the time of delivery to the job shall be 19% or less. Materials shall be so delivered, piled and handled on the work as to maintain identi- fication. (2) Lumber: Provide species and grade for respective mem- 7ersm conformance with current W. C. L.A. Standard Grading Rule No. 16 for coast Region S4S Douglas Fir as designated below. (a) 4" T & G Decking: No. 1, structural joists and planks (b) 2" or 3" Spaced Decking: No. 2, structural joists and planks (c) 6x and 12x Beams: No. 1, beams and stringers (d) Guardrail: No. 2, structural joists and planks (e) Miscellaneous, blocking, inserts and nailers: Utility light framing and studs (3) Wood Guard Wall: The contractor shall construct the wood guard w romsectionsofusedutilitypoles. Pole sections may vary in diameter from 12 inches minimum to 16 inches maximum and shall be of random and variable height. Maximum height shall be 4 -1/ 2 feet above grade and mini- mum height shall be 3 feet. All poles shall have a mini- mum bury of two feet in concrete. The used utility poles, as furnished by the Contractor, shall be in good condition, straight, sound, free from through splits, checks or shakes and free from decay, significant holes or excess splinter- ing, of relatively uniform color, and shall be subject to inspection and approval by the Engineer prior to installa- tion. f. Preservative Treated Lumber: All lumber shall be pressure -processed in accor ance with the specification for treatment of and the standards of the American Wood Preservers' Association and the supplier. The preservative used shall be pentachlorophenol meeting the requirements of Section 1 of AWPA Standard P -8, "Standards for Oil -Borne Preservatives ". The solvent carrier shall meet the requirements of Section of AWPA Standard P -9 "Standard for Hydrocarbon Solvents for Oil Borne Preservatives." The pressure treatment shall be conducted in accordance with AWPA Standard C -2 (Lumber, Timber, etc.), C -9 (Plywood) or C -28 (Lumber Treated before Laminating). 0 0 SP 10 of 22 Penetration of pentachlorophenol shall be determined using the penta check method, Section 5, AWPA Standard A -3. Minimum retention of pentachlorophenol shall be 0. 5 p. c. f. by assay. When sawing or drilling is necessary after plant treat- ment, the cut surfaces shall be thoroughly brushed with two coats of the same kind of preservative in conformance with AWPA Specification M -4. The maximum protection requirement specified therein shall be met in all instances. g. Rough Hardware: (1) Nails: Provide nails of type and size as indicated on Traw ngs for framing. All nails shall be hot - dipped galvanized. (2) Bolts: ASTM A307, galvanized. (3) Stock Framing Connectors: Connectors shall be " r-nl)son ", or equa , of totypes indicated or required, galvanized, or stainless steel. Use galvanized nails fur- nished by manufacturer of anchors used. Fully drive nails in all holes in anchors. (4) Corrosion Proofing: Corrosion proofing shall be applied to all o is an raming anchors exposed to the weather as specified in Section J, "Metals ", of the Special Condi- tions. h. Construction: (1) Nailing: Conform to nailing requirements indicated on Structural Drawings. (2) Spacing and Drilling: Drive nails no closer than one -half heir engt nor closer to edge of timber than one - quarter their length. To prevent splitting, bore all holes for nails or spikes of 20 penny or larger in size. Diameter of hole shall be slightly smaller than diameter of nail or spike. (3) La Screws: Place lag screws by screwing; do not drive into place. Install screws with embedment of not less than 8 diameters. Provide standard malleable iron or steel plate washers under head. In placing lag screws in wood, bore a hole of same diameter and depth as shank. For threaded portion of screw, bore hole with a bit not larger than base of thread. (4) Plates on Concrete: Use long lengths, set on a bed of cement grout part portland cement, 2 parts concrete sand). SP 11 of 22 (5) Bolts: Sizes and spacings shall be as indicated on the pins. There shall be at least 2 bolts per piece, with washers under nuts. All bolts through wood shall have holes drilled Ncith the same nominal diameter bits (1/16" larger). Holes through steel shall be 1/32 "larger. Bolts in wood shall have an end distance of 7 diameters for parallel -to -grain loads and 4 diameters for perpendi- cular -to -grain loads. Edge distance shall be 1 -112 di- ameters for parallel -to -grain and 4 diameters for per - pendicular-to- grain. Spacing between bolts shall be 4 diameters. All bolts shall be retightened on completion of the con- struction. (6) Sill Fasteners: Use Phillips redhead self - drilling anchors or equal for anchoring to existing concrete sec- tions. A -307 anchor bolts may be used where concrete is poured -in- place. i. Mooring Cleats: Use Wilcox Crittenden No. 401, Perko Fig. 544, or an approved equal. The Contractor shall submit shop drawings for the Engineer's review. I. Piles 1. General The Contractor shall furnish all tools, equipment, materials, and supplies and shall perform all. labor and supervision necessary to install concrete wharf piles and timber fender piles, as required, as shown on the drawings and as specified herein. Materials All wharf piles shall be 14" square prestressed concrete piles at the location shown on the drawings, and shall conform to the requirements of Section 205 -3 of the Standard Specifications except as otherwise specified herein. The effective prestres- sing force after all losses is to be 148. 80 Kips. Concrete shall have minimum ultimate compressive stress of 6, 000 psi at 28 days andan initialultimate compressive stress at trans- fer of 4, 000 psi. All timber fender piles shall conform to the requirements of Section 205 -1 off the Standard Specifications except as other- wise specified herein. The minimum tip diameter shall be 12 ". 3. Preservative Treatment Timber piles shall be pressure treated in accordance with AWPA Standard C -3, for "Marine Piles (Dual Treatment) ". SP 12 of 22 The preservatives used shall be ACA or CCA with retention by assay of 1 pcf and creosote with a retention by assay of 16 pcf. Deep heart incising is required. 4. Care After Treatment Timber pile cutoffs, bolt holes and field cuts shall be pro- tected in accordance with American Wood- Preservers' Association (AWPA) Standard M4. After cutoff, two coats of hot creosote shall be applied to exposed tops of piles, followed by a liberal coating of coal tar pitch. A sufficient interval shall be allowed between applications to assure the absorption of each coat before the succeeding one is applied. 5. Installation Installation of piling shall conform to the requirements of Section 305 -1 of the Standard Specifications, except as modified herein. Alignment The centerline of the wharf bearing piles at the top cutoff elevation shall not vary by more than 2" from the position indicated on the plans. The center line of the timber fender piles shall not vary more than 3" from the indicated position. Piles shall not be more than 1 inch out of plumb in 10 feet when driven to final grade. Pulling piles into position shall not be permitted. Provide substitute piles where driven piles exceed specified toler- ances. All correction work under this section shall be completed at the contractors' expense, and no additional compensation will be made. b. Driving Criteria (1) Driving Equipment: Driving hammers shall be used of a size and type able to consistently deliver effective dynamic energy suitable to the piles and material into which they are driven. The contractor shall operate the hammer at the manufacturer's recommended speeds and pres- sures. The pile shall be plumb before driving. Special precautions shall be taken to insure against buckling of the pile or leading away from plumb or true position. Suitable anvils or cushions designed to prevent and correct any tendency of piles to twist, rotate or walk shall be used. (2) Driving Energy: Hammers developing a minimum driving energy of 7500 ft.- lb. shall be used. Hammers developing greater or lesser SP 13 of 22 energies may be used upon written authorization after it has been demonstrated by the contractor that the substitute hammer will adequately drive pile to required depth without damage to pile. Concrete piles shall be driven to a minimum bearing value of six (6) tons. Both concrete and timber piles shall be set to a minimum embedment of 10 feet into firm soil as determined by the Engineer. A driving resistance of 4 blows per inch for timber piles and 8 blows per inch for concrete piles should be considered refusal to prevent struc- tural damage to the piles. (3) Record of Driving: The Engineer shall be present during the placement of piles and shall keep records to include the following infor- mation: (a) Reference: All piles shall be numbered per number- ing s� ystem shown on plans. (b) Dimensions: Include elevations of tip and butt before an a er cutting off. (c) Driving Resistance: Complete record of all driving. (d) Time: Include time of starting, completion, inter - rup iont s (if any), and condition of pile after driving. (e) Visual Inspection: Record of visual inspection of all pi es; care u. c iecking and taping of length. (4) Jetting : Piles may be jetted into place to within 3 feet of their design tip depth. The last 3 feet of penetration shall be accomplished by driving the pile. (5) Modifications: The Engineer reserves the right to modify the above criteria if field conditions are encountered which, in his opinion, make it necessary to do so. C. Handling (1) Timber Piles: The contractor shall handle the piles without sudden dropping, breaking of outerfibers, bruising or penetrating the surface with tools. Peaveys, cant - hooks, pikes or other pointed tools shall not be used. (2) Precast Concrete Piles: When raising or transporting precast concrete piles, the 0 • SP 14 of 22 Contractor shall provide slings or other equipment to avoid any appreciable bending of the pile or cracking or spalling of the concrete. Damaged Piles: (1) General: Any pile driven into a previously driven pile automatically rejects both piles. Leave all pile heads sound or repair or replace damaged heads. Replace all piles, when the handling or driving record indicates possible damage or defect as determined by the Engi- neer, with a substitute pile at no expense to the owner. Do not drive piles damaged or suspected of damage until inspected and approved. (2) Replacement: Should the piles be damaged by improper andling or in driving, or should they be damaged in any other manner by the Contractor's em- ployees or through acts of others before final accept- ance of the work, the Contractor shall be respon- sible. If the damage, in the opinion of the Engineer is such that it cannot be properly remedied as herein provided, the Contractor will be required to replace the piles with new piles at his own expense. Impairment of structural properties or strength shall in- clude the following: (1) Cracks, Spalls or Chips (2) Tears, Rips or Large Dents (3) Impairment of Protective Coating J. Metals General Scope: The work covered by this section shall include all the Furnishing of materials, labor and equipment necessary to complete the installation of all miscellaneous iron and steel as shown on the drawings and herein specified. 2. Miscellaneous Iron and Steel a. Fabrication: Fabrication erection shall conform to "AISC Specifica- tions for the Design and Erection of Structural Steel for Buildings ", latest edition. • • SP 15 of 22 b. Materials: (1) Miscellaneous angles, bars and plates shall conform to ASTM A36. (2) Threaded bolts and nuts shall conform to ASTMA307. C. Galvanizing: Hot -dip galvanize all miscellaneous iron and steel, and threaded screws, bolts,washers and nuts. Galvanizing shall conform to the requirements of Subsection 206 -7 of the Standard Specifications. d. Corrosion - Proofing: All miscellaneous iron and steel, and threaded nuts and bolts of the wharf structu re which are exposed to the weather shall be coated with an Epoxy -Coal Tar coating. (1) Materials of construction to be utilized in treating the surfaces shall be as follows: (a) The Epoxy -Coal Tar coating shall be Pittsburgh Chemical Company Epoxy -Coal Tar coating known in the trade and under the trade style "Tarset ". (b) The solvent thinner shall be as recommended by the manufacturers. (c) The solids - solvents ratio of the unthinned Epoxy - Coal Tar material shall be not less than 78% solids. (2) There shall be applied to all cleaned steel surfaces a minimum of two coats of the coating material con- sisting of an unthinned base or prime coat and a final or finish coat of unthinned coating material. The final dry film thickness of the two coats of Epoxy -Coal Tar coating shall be not less than .016" 06 mils). (3) The application of the Epoxy -Coal Tar Coating shall be performed in the following manner: (a) The Epoxy -Coal Tar coating vehicle shall be thoroughly mixed with the Activator Catalyst (Component "B ") by slowly adding the catalyst to the base vehicle (Component "A ") as it is being mixed. The mixing shall provide a complete and uniform dispersion of the catalyst (Component: "B ") into the base vehicle. SP 16 of 22 0 0 (b) After through dispersion of the catalyst (Compo- nent "B ") into the base vehicle, the thoroughly mixed material shall be allowed to stand for 20 minutes prior to application. (c) The mixed coating may then be transferred to the container ready to apply to the prepared sur- faces. (d) The coating shall be uniformly applied to the prepared steel surfaces by immersion of the steel into the vat. (e) The first or prime coat shall yield a dry cured film of not less than 8 mils thickness (. 008 "). All cracks and /or joints shall receive an extra heavy coat of the. Tarset coating. No skips or bare spots are permissible. (f) After the base or prime coat has been permitted to set and gain sufficient film strength to receive the second coat of the Tarset coating without sagging or forming curtains, the second and final coating of Tarset may be applied in the same manner referred to in subsection d. (g) The minimum air temperature at which the Tarset coating may be applied shall not be less than 40° F. (h) Coating operations shall be coordinated with the cleaning operations as closely as practicable to avoid surface contamination. (4) Coating materials shall be applied to nuts and threads as soon as the nut is in place and all other connections made. Areas not previously coated (in- cluding threaded areas) shall be thoroughly cleaned prior to coating. (a) Particular care shall be exercised by Contractor to avoid having bolt and nut being submerged in salt water due to tidal action prior to applica- tion of "Tarset ". This is to prevent salt con- tamination of the area to be treated. (b) All other sections of this Special Condition shall apply except the coating of bolts and nuts after installation is to be uniformly and thoroughly applied by spray gun or brush. SP 17 of 22 K. Street Light System The street light system shall be in accordance with the applicable portions of Section 307 of the Standard Specifications except as modified herein. The street light standards shall be type III -J conforming to City of Newport Beach Drawing No. Std. 202 -L. The luminaires shall be "G. E. Town & Country TC -100" with a 240 volt photoelectric cell and aerial ballast conforming to City of Newport Beach Drawing No. Std. 202 -L. Conduit shall be polyvinyl chloride of a minimum size of 1 1/4 inches. Insulated conductors shall be copper with Type TW insulation of minimum 7/16 -inch thickness. Splices or connections shall be made at lighting standards with approved end -to -end crimp type mechanical connectors. At least one foot of slack shall be left for each conductor at each lighting standard. A "IRON" Model #HEB -AA fuse holder, or approved equal, with five ampere fuse shall be installed in each line within the base of each light standard. L. Electrical System All electrical work is shown schematically on the Plans. Said work shall be constructed in accordance with the Plans and Speci- fications contained thereon. The intent of these Plans and Specifi- cations is to provide a complete electrical system ready for use. All trenches shall be restored per C.N.B. Drawing No. Std. -128-L and the cost of pavement replacement in the area scheduled for asphalt concrete overlay shall be included in the lump sum price bid for installation of the electrical system. All underground construction shall be completed prior to place- ment of concrete, aggregate base, paving, or overlay. Full payment for furnishing all materials and constructing the electrical system complete in place in accordance with the Plans and Specifications shall be on the basis of the lump sum bid and no additional compensation will be allowed therefor. SP 18 of 22 M. Water System Payment for 6" ACP water main shall include full compensation for restoration of all trenchs per C.N.B. Drawing No. Std. - 128 -L, including replacement of the pavement section in area scheduled for asphalt concrete overlay. N. Sewer System Payment for 6" VCP sewer main shall include full compensation for restoration of all trenches per C. N. B. Drawing No. Std.-128-L. Xv. SP 19 of 22 9 • All work to be done under this contract must comply with Part 5, Sub- title A, Title 29, of the Code of Federal Regulations. A. Minimum Wages Minimum wages. a) All mechanics and laborers employed or working upon the site of the work in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv). Also for the purpose of this clause, regular contribu- tions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. b) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination, and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the contracting officer shall be referred to the Secretary for final deter- mination. c) The contracting officer shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the 3. • • SP 20 of 22 interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. d) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, The Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. e) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one -half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week, as the case may be. Withholding The City of Newport Beach may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, in the construction or development of the project, all or part of the wages required by the con- tract, the City of Newport Beach may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Payrolls and Basic Records Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, in the construction or development of the project. Such records will contain the name and address of each such employee, SP 21 of 22 his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deduct- ions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(8) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The contractor will submit weekly a copy of all payrolls to the City of Newport Beach if the agency is a party to the contract, but if the agency is not such a party the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the City of Newport Beach. The copy shall be accom- panied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any find- ings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of the City of Newport Beach and the Department of Labor, and will permit such repre- sentatives to interview employees during working hours on the job. Apprentices and Trainees Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined below or is not registered as above, shall be paid . SP 22 of 22 the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the con- tracting officer written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work. Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, and where paragraph next is applicable, in accordance with the provisions of Part 5a of Title 29, Code of Federal Regulations. On contracts in excess of $10,000 the employment of all laborers and mechanics, including apprentices and trainees, shall also be subject to the provisions of the labor standards for ratios of apprentices and trainees to journeymen as set forth in Part 5a, Title 29, Code of Federal Regulations. 5. Compliance with Copeland Regulations (29 CFR Part 3) The contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference. 6. Subcontracts The contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (5) and (7) and such other clauses as the City of Newport Beach may by appropriate instructions require, and also a clause requiring the sub- contractors to include these clauses in any lower tier sub- contracts which they may enter into together with a clause requiring this insertion in any further subcontracts that may in turn be made. General Area Wage Determinations General Area Wage Determination No of Labor, as published on July 25, FEDERAL REGISTER, applies to this CA75 -5087 of the Secretary 1975 on D. 31487 of the contract. Modifications and Supersedeas Decisions to area wage determina- tions are made from time to time and are published in the FEDERAL REGISTER. Modifications and Supersedeas Decisions are effective from their date of publication in the FEDERAL REGISTER. An updated Index to Area Wage Determination and Modifications as published in the FEDERAL REGISTER pursuant to the Davis -Bacon and related Acts is published on the first Friday of each month in the FEDERAL REGISTER. A copy of the revised area Wage Determination applicable to this contract is on file in the Public Works Department. In the event there are any differences between the minimum wage rates as determined by the United States Secretary or Labor and those determined by the City Council of the City of Newport Beach, the highest rate must be paid. CITY ONEWPORT BEACH - PUBLIC WORKS 0 RTMENT MEMO TO:_ CT`4 CLey ✓✓ Date �14.,-- l`i l97 FROM: v� SUBJECT.' Ttic�1 Copies To: Fc& . PUT IT IN WRITING . . . . . . 'WRITTEN MESSAGES SAVE TIME AND AVOID ERRORS i CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. C -1598 MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE Project Description: Rhine Wharf Park This is to certify that the Aetna Casualty and Surety Company Name of Insurance Company) has issued to A.C. Craig and Patricia E. Craig DBA Diamond Builders Name of Insured 12631 E Imperial Highway, Santa Fe Springs, Calif. (Address of Insured the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach.. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. r e olic Term Limits of Liability Each Occurrence (Minimum: Aggregate (Minimum: $500,000) $ 500,000 Protecti, $1,000,000 Products $ 500,000 Contracti F144, AEI €`LN KION�BELO, Policy No. COMPREHENSIVE LIAB. Combined Single Aetna Ae From: 2/1/76 $ 500,000 Protecti Limit Bodily Injury or Property Damage 59AB209150C Mission M830784 To: 2/1/77 $ 500,000 $ 1 000 00OProducts $ 00,.000 Contract Each Occurrence This policy includes at least the following coverages: a. Contractual or Assumed Liability, relating to contract(s) between h� a Wamea-Insured and the Certificate Holder Named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages d. Products Liability or Completed Operations. e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. g. Broad Form Property Damage. h. Marine or Aviation (when applicable). Name of Agency or Broker: Pierson & Roth. Inc. },.if trtoo � t '7 IBM' JAN 131976' CITY QF` CRAUi Address of Agency or Broker: 13316 E Bailey, Whittier, Ca 90601 Telephone No. (213) 698 7781 Countersigned by: urance ve Effective date of this endorsement: 2/1/ , 19 75 , Endorsement No. -- re ial ) to ial CEWIFICATE OF INSURACE This is to certify that the following policy or policies, subject to their terms and conclitioD,5,bAup been issued by the Company indicated, and are in force at the date hereof. ,s°��t t'3 INSURED: ISSUED TO: �xS10 a NOV A. C. Craig DBA Diamond Builders City of Newport Bea c — Jf�J (4'T{' SA` 12631 E. Imperial Highway City Hall V lI pF iJ Santa Fe Springs, CA 3300 W. Newport Blvd, TBFA Newport Beach, CA 7? 4, Type of Insurance Company Policy Number Policy Period Limits of Liability Workmen's Compensation and Eff. ll/1/75 Employers' Liability Aetna 59CK951853CP Exp. ll 1 76 Statutory California General Liability 'Eff. S ,000 Each Person Bodily Injury Exp. $ ,000 Each Occurrence General Liability Eff. $ ,000 Each Occurrence Property Damage Exp. $ ,000 Aggregate Automobile Liability Eff. $ ,000 Each Person Bodily Injury Exp. $ ,000 Each Occurrence Automobile Liability Eff. Property Damage Exp. $ ,000 Each Occurrence Automobile Physical Damage Eff. Comprehensive Exp. Automobile Physical Damage Elf. Collision Exp. Owners' or Contractors Protective Eff. $ ,000 Each Person Bodily Injury Exp. $ ,000 Each Occurrence Owners' or Contractors' Eff. $ ,000 Each Occurrence Protective -- Property Damage Exp. $ 000 Aggregate Description, Location of Operations, Automobiles Covered or Remarks: All operations of the insured RE: Street and Wharf improvements for Rhine Wharf Park Reverse If Needed) In the event of any material change in or cancellation of said policies, the COMPANY will make every effort to notify the party to whom this Certificate is issued of such change or cancellation, but the COMPANY undertakes no responsibility by reason of any failure so to do. Dated this 6th day By X/j of November 19 DAVIDSON, PIERSON 81 ROTH, INC. 133.6 E. BAILEY • P.O. BOX 296 WHITTIER, CALIFORNIA 90608 1213) 698 -7781 SPECIALIZING IN CONTRACTORS AND CONTRACT BONDING CITY OF NEWPORT BEACH CERTIFAE OF INSURANCE FOR CONTRACT A FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. 1598 MODIFICATIONS TO THIS CERTIFICATE ARE NOT ACCEPTABLE Project Description: Street and Wharf Improvements for Rhine Wharf Park Mission Insurance Company (Umbrella Coverage) This is to certify that the Great American (Underlying Coverage) Name of Insurance Company has issued to A.C. Craig DBA Diamond Builders Name of Insured 12631 E. Imperial Highway Santa Fe Springs, Ca. Address of Insured the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other' insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. I This policy includes at least the following coverages: tal ) re ial a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured olic Term Limits of Liability b. Owned, Hired and Non -Owned Automobiles. r S 14.1 oo Each Occurrence (Minimum: Aggregate (Minimum: e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. $500,000) $ 500,000 Protectil PUBLIC h. Marine or Aviation (when applicable). J , W0 ((s C Name of Agency or Broker: Davidson Pierson & Roth Inc. $1,000,000 Products Address of Agency or Broker: 13316 E. Bailey, Whittier, Ca. 90601 "RT 9f"Cif, z $ 500,000 Contracti �ikwkl "' Countersigned by: 1 % rJ�' -� Authorized Insurance Company Policy No. COMPREHENSIVE LIAB. Combined Single Great Americ Ln From: 11/1/75 $ 500,000 Protecti, Limit Bodily Injury or Property Damage 8523582 To: 11/1/76 $ 500,000 $ 1,0 roducts $ 0000,0 Contracti Mission ,8307811 Each Occurrence This policy includes at least the following coverages: tal ) re ial a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder Named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). oo d. Products Liability or Completed Operations. r e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. )VD g. Broad Form Property Damage. PUBLIC h. Marine or Aviation (when applicable). J , W0 ((s C Name of Agency or Broker: Davidson Pierson & Roth Inc. y 7 /Jd� Address of Agency or Broker: 13316 E. Bailey, Whittier, Ca. 90601 "RT 9f"Cif, z Telephone No. (213) 698 7781 "' Countersigned by: 1 % rJ�' -� Authorized Insurance Company Representative Effective date of this, endorsement: November 6, , 19 75 , Endorsement No I CE &FICATE OF INSURACE This is to certify that the following policy or policies, subject to their terms and condition been issued by the Company indicated, and are in force at the date hereof. 1- n INStl Pool ISSUED TO: 'oe fig f0 woA�'s ? A. C. Craig DBA Diamond Builders City of Newport Beac 1gj 12631 E. Imperial Highway City Hall b Nf�p��ryOF Santa Fe Springs, CA 3300 W. Newport Blvd. Newport Beach, CA Type of Insurance Company Polley Number Policy Period Limits of Liability Workmen's Compensation and Eff. ll/1/75 Employers' Liability Aetna 59CK951853CP Exp. ll 1 6 Statutory California General Liability Eff. $ ,000 Each Person Bodily Injury Exp. $ ,000 Each Occurrence General Liability Eff. $ ,000 Each Occurrence Property Damage Exp. $ 000 Aggregate Automobile Liability Eff. $ ,000 Each Person Bodily Injury Exp. $ ,000 Each Occurrence Automobile Liability Eff. Property Damage Exp. $ ,000 Each Occurrence Automobile Physical Damage Eff. Comprehensive Exp. Automobile Physical Damage Eff. Collision Exp. Owners' or Contractors' Protective Eff. $ ,000 Each Person Bodily Injury Exp. $ ,000 Each Occurrence Owners' or Contractors' Eff. $ ,000 Each Occurrence Protective — Property Damage Exp. $ 000 Aggregate Description, Location of Operations, Automobiles Covered or Remarks: All operations of the insured RE: Street and Wharf improvements for Rhine Wharf Park (Use Reverse If Needed) In the event of any material change in or cancellation of said policies, the COMPANY will make every effort to notify the party to whom this Certificate is issued of such change or cancellation, but the COMPANY undertakes no responsibility by reason of any failure so to do. Dated this 6th day By of November 19�5 DAVIDSON, PIERSON & ROTH, INC. 13316 E. BAILEY a P.O. BOX 296 WHITTIER, CALIFORNIA 90608 (213) 698-7781 i SPECIALIZING IN CONTRACTORS AND CONTRAS ONDING , T B w w: . -_= CITY OF NEWPORT BEACH CERTIFICATE OF INSURANCE FOR CONTRACT WORK FOR CITY IMPORTANT: THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH WITH RESPECT TO CONTRACT NO. 1598 MODIFICATIONS TO THIS CERTIFIGATE ARE NOT ACCEPTABLE Project Description: Street and Wharf Improvements.for Rhine Wharf Park Mission Insurance Company (Umbrella Coverage) This is to certify that the Great American (UnderlyLng Coverage) Name of Insurance Company) has issued to A.C.Craig DBA Diamond Builders Name of Insured 12631 E. Imperial Hi hwa Santa Fe Springs, Ca . d e2 of Insured the policy of liability insurance certified herein. CITY CONTRACT ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the contract or other agreement(s) entered into between the insured as contractor and the City of Newport Beach. The Company amends the policy described herein as follows: 1. It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled or materially changed until thirty days after receipt of registered written notice of cancellation or change by the City of Newport Beach, c/o City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92660. 2. The City of Newport Beach, its officers and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, death or damage to property excluding the sole negligence of the City, its officers and employees. It is further agreed that any other insurance carried by the City, its officers and employees shall not be contrib- uting or primary with the insurance provided by this policy. r o is Term Limits of Liability Each Occurrence (Minimum: Aggregate (Minimum: $500,000) $ 500,000 Protecti, $1,000,000 Products $ 500,000 Contracti Aw" € €lk -JKQR LRKMQW: Policy No. COMPREHENSIVE LIAB. Combined Single Limit Bodily Injury or Property Damage Great American 8523582 Mission M830784 From: 11 To: 11/1/76 $ 500,000 $ 500,000 Protecti $ 1 000 OOCProducts $ 460,,0 Contract Each Occurrence This policy includes at least the following coverages: a. Contractual or Assumed Liability, relating to contract(s) between the Named Insured and the Certificate Holder Named above. b. Owned, Hired and Non -Owned Automobiles. c. Contractors Protective Liability (When Insured engages Subcontractors). d. Products Liability or Completed Operations. C 00 e. Explosion and Underground Hazards (when applicable). f. Personal Injury Hazards. 9 RECEIVED C g. Broad Form Property Damage. PdBLIC h. Marine or Aviation (when applicable). Name of Agency or Broker: Address of Agency or Broker: Telephone No. (213) 698 7781 Countersigned by: Davidson Pierson & Roth. Inc. O V 7 19,756h- E. Bailey, Whittier, Ca. 96601 W av (Authorized Insurance Company Kepresentative) Effective date Jof{tiis endorsement: Nevem*&r4y 19 75 , Endorsement No._ Fe ial ) ie ial CITY WEWPORT BEACH - PUBLIC WORKS D TMENT MEMO w TO:_ C,'[ 1L Date AjoV. I c>, FROM: A4. �Etn16+FSSiJe� ProTCecr SUBJECT: C— IS�iif I Copies To: PUT IT IN WRITING . . . . . . WRITTEN MESSAGES SAVE TIME AND AVOID ERRORS RESOLUTION NO. 8 61 Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO DIAMOND BUILDERS IN CONNECTION WITH CONSTRUCTION OF IMPROVEMENTS ON RHINE WHARF PARK (Contract No. 1598) WHEREAS, pursuant to the notice inviting bids for construction of improvements on Rhine Wharf Park, in accord- ance with the plans and specifications heretofore adopted, bids were received on the 15th day of October, 1975, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is Diamond Builders; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Diamond Builders' for the work in the amount of $134,800.00 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ADOPTED this 28th day of October, 1975 ATTEST: City Clerk DDO:yz 10/20/75 I z I � s N y 8: 11 �q a�Q �f-om SL+ N �zz 4 7 N i W u x N IIAIINIInIIIIVI �IIIAIIIIIIIIAIIIIdI�II �INR�INIINI�III�IN� �YIYYI�I�IIYY�I �1 ��IIV�IIA�IIIIIU�II�Allll�� II ��IIIINflllnll�lll� �� @�� @��IIIIInNllllllllllll ��NIIII�IIIII�I�III ��eeeeee�ESemmnm��m�� 4 7 N i W u x N i >- C 2 ' E N w 1w N a 0 r W u x ,umuini� u mg1�I�Nn�II�I III Hill �IIII�nIIIIIIflIIINIII�IAI �I��nnlumnll�HNY�II �mnnmennmmmnm� �ICC :COFCCCFB6FEFFFFEEEGEE£OCEE1� 0 r W u x } K 4' i N ti Q W U W a V � na �I 1UUOO �ZN F- D: ~O� 4 O N 1- W 2 Y!� N 0 n�muu�e � �nnmmmm�mni�au NOR ��IIIIIIIIIIIIIII�IIII ��I�Illlulll�ll�� eeE�eeceeEnmmun�nn� 4 O N 1- W 2 Y!� N 0 r s f N m O I I 5 t� op• W 2 N t� tog F- U W 0 w U S N i Pit i , Z 4 F z z i ID >ttQQIt 11 It %I It IsIt It 1) � pp� N NN1 p N 0� A N ` �Fo N NO\Ne° o: "a° a° vi v v v v W 'C n Yi M C a � V Cti 0 W Fy h w W v 0 Nf 0 N 0 h � ♦ 0 � n � 4 4j °w g V d ! • ' via h;, j. a a 4 ti 4 h �j jaQ M • � Q� - ' �p V� 0 w U S N i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR STREET AND WHARF IMPROVEMENTS FOR THE RHINE WHARF PARK CONTRACT NO. 1598 Submitted by: Contractor Address y Zip aI3- ?a- /,70/o// Approved by the City Council this Telephone _ ............ . 8th da f Septembe 1975. Qt Laura agios, ity rk \. Total Bid Price r - r Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 10:30 A.M. on the 15th day of October , 19 75 , at which time they will be opened and read, for performing work as follows: STREET AND WHARF IMPROVEMENTS FOR THE THE RHINE WHARF PARK CONTRACT NO. 1598 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature 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 an t_T he _Coorark rpo_ra�te Seal shall— be mixed to all documents requiring signatures. In the case of a tnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) f ' v Page la The City has adopted the Standard S ecifications for Public Works Construction (1973 Edition) as prepare y t e out ern Ca i forma Chapters of the AmericaF Public Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5.00 per set. A standard "Certificate of Insurance for Contract Work for City" form has been adopted by the City. This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. For any required bonds, the company issuing Bid Bonds, Labor and Material Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The companies must also have a current General Policy Holders Rating of A or better; and a Financial Rating of at least AAA as per the latest edition of Best's Key Rating Guide (Property - Liability). In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), 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, classification, or type of workman or mechanic needed to execute the contract and has set forth these items in Resolu- tion No. 8090 adopted September 10, 1973. A copy of said resolution is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 12 -10 -73 r • Page 2 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this Proposal, 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 price, 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 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 under- signed 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 Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providi for the registration of Contractors, License No -,,, /& � . Classification . Accompanying this proposal is (Cash, Certified Check,, Cas ier s Check or on i 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- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. Phone Number Bidder's Name 0&�tzs- >S' a( � (SEAL) Date uAu t o i z' ed Si g atu�i re �— Authorized Signature T ization Individua Corporation, or Co- Partnership) List below names of President, Secretary, reasurer and Manager if a corporation, and names of all co- partners if a co- partnership: _. r 0 0 DESIGNATION OF SUBCONTRACTORS Page 3 The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors 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 subcontractors except upon the prior approval of the Engineer. I' 1 2 3 4. 5. 6. 7. 8. 9. 10. 11. 12. Authorized 5i gnature r Y BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, Page 4 as Principal, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of. Dollars ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves; jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 19 Corporate Seal (If Corporation) (Attach acknowledgement of Attorney -in -Fact Z Title Principal Surety ( % AMERICAN BONDING COMPANY LINCOLN, NEBRASKA BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, DIAMOND BUILDERS 70 (hereinafter called Principal), as Principal, and AMERICAN BONDING COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Nebraska, and licensed to transact surety business in the State of California as Surety, are held and firmly bound unto: CITY OF NEWPORT BEACH CALIFORNIA (hereinafter called Obligee), in the sum of TEN PERCENT OF THE AMOUNT BID IN DOLLARS - - - - -- Dollars($ 107 ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounded Principal is about to hand in and submit to the Obligee a bid or proposal for: Street and Wharf improve- ments for Rhine Wharf Park, Contract #1598, bid date: 10/15175, in accordance with the plans and specifications filed in the office of the Obligee and under the notice inviting proposals therefor. NOW THEREFORE, if the bid or proposal of said Principal shall be accepted, and the contract for such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter into a contract and furnish a bond or bonds, as required by law and/ or for the payment of labor and materials going thereinto, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be t duly signed and sealed this 14th day of October, , 19 75 Z Form AS -1028 (Rev 1/75) DIAMOND BUILDERS BY: Q� AMERICAN BONDI,NNGG COMPANY By Neal L. Witt, Attorney- ineFact Premium: Charged under Bid Bond - Service Undertaking STATE OF California L' COUNTY OF Los Angles �ss. Acknowledgment of Surety On this 14th day of October, 19 75 personally appeared before me_ Neal L. Witt who being duly sworn did depose and say that he is the attorney -in -fact of the American Bonding Company of Lincoln, Nebraska, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said NPA1 1.- Witt acknowledged that N,wm:. +NI,IN,NIXINNNXN „NI,Nt1e „�,,� ®fit as such attorney -in -fact and as the free act and deed of said Corporation. i:iCIA L SEAL RODRIGUEZ ti NOTAd.'t ftlp L,C- CPLIF011NIA i e qa PRINCIPAL GM CE IN � LOS AN: =ELCS COUNTY My Commission Expires November 3 1977 yW11MWMIMIbNNINWIMIIIIIIIIIYtlWpNIIpIIIIIMW111tlItlINIIIIIXIIMINII ,tllq!InIWMMIIMIXANMIWIIIIIII . �f W. 1 t AMERI AN BONDING C04ANY LOS ANGELES, CALIFORNIA A STOCK COMPANY CERTMED COPY OF POWER OF ATTORNEY No. 80 AMERICAN BONDING COMPANY, a Nebraska Corporation, having its administrative office in the City of Los Angeles, State of California, does hereby make, constitute and appoint Neal L. Witt, of Los Angeles, California as Attorney(s) -in -Fact, with full power and authority hereby conferred to execute and deliver and affix the seal• of the corporation thereto, if a seal is required, for and on its behalf as Surety, and as its act and deed, all of the following classes of documents, to wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees, official, bail and surety and fidelity bonds. The American Bonding Company further certifies that the following is a true and exact copy of Article VII Section 3, of the By -Laws of American Bonding Company duly adopted and now in force, to wit: SECTION 3. All bonds, undertakings, recognizances or other written obligations of the corporation shall he executed in the name of the corporation by the president, any vice - president, secretary, any assistant - secretary or the treasurer, or by such other personas as may from time to time be properly authorized The president, any vice- president, the secretary, any assistant - secretary or the treasurer may appoint or remove resident vice- presidents, resident assistant- secretaries, attorneys in fad, agents or other persons who shall have authority to issue and deliver bonds, undertakings, recngnizances or other written obligations in the name of the corporation. The corporate seal is not necessary for the validity of any bonds, undertakings, or other obligations of the corporation. The signature of any authorized officer and the seal of the corporation may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond. or undertaking of the corporation; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMERICAN BONDING COMPANY has caused these presents to be executed by its duly authorized officer and its corporate seal affixed, this__dulY 27, 1973 Date (SEAL) State of California County of Los Angeles AMERICAN BONDING COMPANY By s/ W. B. Gillingham Title Vice President _ On this.- 27th___dav of_ 19_L3_, before me a Notary Public, personally appeared the above named officer of American Bonding Company, a corporation, known to me to be the person and officer who executed the above Power of Attorney on behalf of the corporation and acknowledges the corporation voluntarily executed the same. s/ Margaret S. Rodriguez Notary Public Aty Commission Expires November 3', 1973 CERTIFICATE 1, the undersigned, mrtify That I am the Assistant Secretary of American Bonding Company, a Nebraska corporation, and that the attached Power of Attorney remains in full force and effect, and has net been revoked; and furthermore that Article VII Section 3, of the By -Laws of said company as set forth in said Power of Attorney, are now in .full force and effect. -1N TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate Company this— October 14, 197.5 _ (SEAL)^ Yuan AS 119,0A A,,. 12 -65 Arsistmaf secretary _ M3 • • Y • NON- COLLUSION AFFIDAVIT Page 5 The bidders, 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 agree- ment 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 agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent 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 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. SubFd sworn to before me thi of , 19 My commission expires: OFFICIAL SEAL ROGER K. PATTERSON tD NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ^' LOS ANGELES COUNTY My Commission Expires March 21,1976 a' Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility. Signed 13378 EAST TELEGRAPH ROAD SANTA FE SPRINGS, CALIF., 90670 TELEPHONE (213) 944.7691 �.� May 16, 1975 Yoxrs.,very truly, Otto Jensen Jr. Certified Public Accountant i :.,x Hamm Februazjr;',28, 1975 ASSETS COST MARKET Cash in bank personal W� 6,000.00 ,000.00 Notes receivable ,—` ;-,10,200.00 10,200.00 *Investment Diamond Builders 52 500.00 80,000-00 xApartments #1 60.000.00 225,000-00 *Apartments #2 56)913.00 100,000.00 *Residence :3 6 000-00 60,000.00 t481.200.00 LIABILITIES (SEE 'NOTE 1) Mortgage payable - Apartments #1 .$,58,000-00 $ 58,000-00 Mortgage payable - Apartments #2 50,000.00 50,000-00 Mortgage payable - Residence 29 000.00 29$000.00 Accounts payable - monthly charges 500.00 500.00 Federal taxes on income estimated 12,000.00 .00 86,000.00 Total liabilities (see note 1) �.,'-,:'.�'$149,500-00 $223,500.00 :PROPRIETORS' E9,UITYj,.,1,;., Agustus C. Craig CAPITAL 2571700-00 f 221 61 .00 481y200.00 { a CURRENT ASSETS Cash Contracts receivable - trade Advance receivable - sundry Total current assets FIXED ASSETS Automotive equipment Construction Equipment Office equipment Less Accumulated depreciation Net fixed assets OTHER ASSET Cash deposit LIABILITIES _ ,SEE NOTE 1 CURRENT LIABILITIES Note payable - unsecured $15,000.00 Accounts payable - trade 51,349.49 Payroll taxes Payable 1,842.78 Total current liabilities (see note(1� PROPRIETORS' E UITY' AGUSTUS C. CRAIG - CAPITAL - EXHIBIT B Lx`TTF.R IS AN INTREGAI: PART OV muTe r..T,.T.: r. $117,701.68 1,493.47 1,5 2.00 �i2o,727.15 $ 68,192.27 52,534.88 $120.727,IZ AwS1U3 Cs, CRAIG DBA STAMM B Two months ended Fe 2EQUITY �i AGUSTUS C. CRAIG _,CAPITAL - JANUARY 1 1975 . NET EARNINGS - .EXHIBIT C. i 9 LESS DRAWINGS AGUSTUS C. CRAIG - CAPITAL, - EXHIBIT A w AMR r BPL' $ 9,994.:8 44340.70 $54,334.88 1, Boo —coo J AGUSTUS C. I CRA I G DB'* RM"IS a Two months 1975 TT nn COST OF SALES $143,584.76 Purchase of material Direct labor $16,866.87 Subcontractors 5.350.00 3 025.38 3 Total cost of sales _2L242. Gross income OPERATING EXPENSES - $ 48,341.95 Accounting and legal Automotive expenses $125.00 Business promotion 973.91 Insurance 101.45 Interest 195.10 Office supplies and expense Rent 5.54 - equipment 722.38 Rent - office 213.06 Repairs and maintenance 175.00 '. Supplies and small tools " 300.0 Payroll taxes 44.80 Telephone 540.00 Utilities 602.77 2.44 Total operating expenses NET EARNINGS - MMIBIT B —4— '001.2` 1 LET1^ER IS AN INTREGAL PART OF THIS FINANML REPORT UNAUDITED 6u , 1 Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1975 City Newport Beach; niRo sr3Teest3ev 71 it 61T8-f!28 - 1975 Cit of Norwalk: P —t W2Qpe 213 868-325-4 197 L.A. County Road Deft; L F 14A le 213 T'y* r ir 1974 Savannah School • Jne 6eesle 213 651 2896 1973 Centrila School District.- "41; & de%te 2q3-?92-?1 4 1972 Golden West Colledge: Jahn I'att;ap —71} 556 5?E)g JOB SUPERINTEDANT &I ENGI -LEER WTTT RE• DnN ggoSp4ANI EXPERIENCE: GRADUATE CTVTT FrrTNFLR. PASCAL LVnWTG F aTNFgg,s• 1 - 14gl;giiS CASLER CORP! M 0178 a wig WHO ♦ X I • A.C. CRAIG • JV C i ..v. i • PR 1 of 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET AND WHARF IMPROVEMENTS FOR THE RHINE WHARF PARK CONTRACT NO. 1598 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen:- The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete Contract No. 1598 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, 1 to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 1 Clearing and grubbing Lumpy �-- 44 h @�'� F, j 11i'W4 arses and Cents Q't' ��1��-7�z �b r11�1-$�'-- Per Lump Sum 2. 280 Construct Type "A" Portland Linear Feet cement concrete curb and gutter (6" or 8" CF) per CNB Std. -105 -L and per Detail "B ", Sheet 3 @ PA Dollars and ✓ 420 Cents Per Linear Foot $ $�© 3. 450 Construct Type "A" Portland Linear eet cement concrete curb and gutter (6" or 8" CF) per CNB Std. -105 -L @� Dollars +` . and Cents $� Per Linear Foot _ PR2of8 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 155 Construct Type "B" portland LinearTeet cement concrete curb per CNB Std. -105 -L (6" CF) Dollars and Cents $ $I 0M Per Linear Foot 5. 93 Linear met 8 Each I. Lump Sum 1 530 Square �t Construct Type "B" portland cement concrete curb per CNB Std. -105 -L (modified and C.F. varies) @ Dollars and Cents Per Linear Foot Construct portland cement concrete parking meter base and install post per detail Sheet No. 3 @ Dollars and Cents e>er Each Construct reinforced portland cement concrete channel and modify existing catch basin per detail Sheet No. 3 �+ Dollars and Cents Per Lump Sum Construct 6" thick portland cement concrete ramp with W.W.F. Reinforcing over compacted native soil Dollars and Cents Per Square Foot $ /0 PO $EEb $— 06,10 $ T. PR 3 of 8 I QUANTITY ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS 9. 200 Construct 6" thick Type II Square Feet portland cement concrete commercial driveway approach over compacted native soil per CNB Std. -112 -L (Partial) @ Dollars and ��/t � Cents Per�quare Foot 10. 1,175 Construct 4" thick Portland Square Feet cement concrete sidewalk per CNB Std. -110 -L @ ( Dollars and Cents Per Square Foot 11 12. 13. 270 Square Feet 480 Tons Construct 6" thick type "I" portland cement concrete commercial driveway approach over compacted native soil per CNB Std. -111 -L @ Dollars and Cents Per Square Foot Construct 1" A.C. Surface Course (Type III C3 -AR -4000) with tack coat over variable thickness A.C. base course (Toe III -B2 -AR -4000) @ t'_ Dollars and Toro Cents $ Per To ✓ i $ ©lf $1 omo 180 Construct 6" Aggregate Base Tons over compacted native soil. @ �1? Dollars and �(/d '�•lJ Cents Per Ton i r 0 • PR4of8 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 290 Seal .coat existing and new –raTT—ons pavement with SS -1 Fog Seal @ Dollars and Cents Dd $ -- �j� $ 6 f J l J Per Ga Ion 15. 16. 17 18. i 1 Lump Sum 10 Each 3 Each 1 Lump Sum Remove and replace. existing prick walk @ 19"*rs and Cents Per Lump Sum Adjust existing water valve box, water meter box, survey monument box, or sewer cleanout to jffiinished rade @ i Dollars and Cents Per Each Adjust existing sewer manhole $gyp °$�� or water vault to finished grade @ Dollarsk a . and mac. Cents Per Each Guard underground construc- tion. @ Dollars and Cents Per Lump Sum $ 000D ° -° . - 19. 20. 21. 22. 23. 24 i PR5of8 QUANTITY ITEM DESCRIPTION UNIT TOT L AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3,100 Construct 2" and 3" thick Square:Feet boardwalk and appurtenances per specifications @ 1 Dollars y, and Cents_ $�_�r . Per Square Foot 975 Construct 4" thick loading Square Feet ramp boardwalk and appur- tenances per specifications @ Dollars and -0— a--- Cents $ =2 Per Square Foot 750 Furnish 14" x 14" pre - near Feet stressed concrete pile rl @ASS -ate Dollars ✓ and Cents $ Per Linear F of 915 Line Feet Furnish 12" tip diameter, Class B Timber Fender Pile Dollars �) and Cents Per L near Foot 29 Each Install 14" x 14" precast, pr stress d concrete c+p le�� @' y ars Y� and7. i Cents $� Per Each 29 Install 2" tip diameter, Each Class B imber Fen de P lie ��j'�-+�S'�� ," i Ilollars and pEJ f1AA . Cents $ $3442S er Each NO. AND UNIT UNIT PRICED WRITTEN IIIN WORDS PRICE PRICE UNIT TOTAL 25. 16 Install ooring Clea Each �-y t @ Do lars and Cents Per Each 26. 1 Lump Sum Constru t wood guard wall Per dei 1 Sheet No. 3 e l.50- 2.400 Dol lays and Cents $ $ 27. 1 Construct 6" V.C.P. connec- � ac i — tion to =xi�ting hole rs and Cents Per Each 28. 1 Construct terminal sewer Each cleanout per.MB Std. -400 -L with cover modified per de %i Sheet No. 3 1v llars and Cents Per Each 24. 5 V Construct 6" vitrified clay ea Linr Feet pipe sewer including trench r 1 Dollars and Cents Per LineaF Foot ISD �$� 30. 1 Install fire hydrant Each assembly per CNB Std. -500 -L @ G Dollars a.n and Cents r 31. 32. 33. 34. 35 460 Linear Feet 350 Linea r feet 1 _Ta—ch 1 —Each 3 36. 1 Each 0 . PR7of8 Install 6" A.C.P. - Class 150 Water Main @ Dollars and Cents Per Linear F of Install 2" P.V.C. - Class 315 Water Lateral @ I Mineaoot Dollars and Cents Per Install 2" Water service per CNB td. -503 -L Dollars and Cents Per tac Install 6" Not Tap to existing 8" .I. P. Per CNB Std.-507 -L @ ollars and Cents Per Each - Install 6" gate valve per CNB Std. -5 -L -Z� @ Dollars and Cents Per Each Install 6" x 6" x 4" V $� $0050 $ r $� . � 11 y $ r i r ITEM QUANTITY ITEM DESCRIPTION . NO. AND UNIT UNIT PRICE WRITTEN IN WORDS 37. 1 Install Key operated hose 75W_ bib, 3/4" Brass Riser and Fittings with 3/4" Copper Service Line to and from meter, backflow preventer and me-ter box d ollars and Cents Per Each 38. 1 Install street lighting Lump Sum system including 4 lights, conduit, pull box, con- ductors, and relocations, coWlete, in place @ liars and Cents Per Lump Sum 39. 1 Lump um TOTAL PRICE WRITTEN IN WORDS: -O Date CONTRACTOR'S LICENSE NO.pZ CONTRACTOR'S ADDRESS VIA$1 Install electrical service system including enclosure, meter, conduit, conductors, coin - operated meters, electrical outlets and appurtenances, complete in place. @ "' •Jj"� Dollars MEW �hO J and Cents Per Lum Sum E�� rql*q- &-4bee-b V101 _ _olIars and Q? Cents Total $ 135i Bidder's Name uthorized Signatulre �- TELEPHONE NUMBER �_l (c-%A S�� /" rs CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR STREET AND WHARF IMPROVEMENTS FOR THE RHINE WHARF PARK CONTRACT NO. 1598 A. Clearing, Grubbing and Other Removals . . . . . . . . . . . . 5 B. Portland Cement Concrete Improvements . . . . . . . . . . . 6 C. Aggregate Base . . . . . . . . . . . . . . . . . . . . . . . . . 7 D. Asphalt Concrete . . . . . . . . . . . . . . . . . . . . . . . . 7 i Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IV. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . . . . 2 V. PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . 3 VII. NOTICE TO RESIDENCES AND BUSINESSES. . . . . . . . . . . . 3 VIII. PROTECTION OF EXISTING UTILITIES AND STRUCTURES . . . 3 IX. PROTECTION OF EXISTING PROPERTY CORNERS. . . . . . . . 4 X. WATER . ............................... 4 XI. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 XII. SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . . . 4 A. Surface Water . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Ground Water . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Dewatering . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 XIII. GUARDING UNDERGROUND CONSTRUCTION . . . . . . . . . . . 5 XIV. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . 5 A. Clearing, Grubbing and Other Removals . . . . . . . . . . . . 5 B. Portland Cement Concrete Improvements . . . . . . . . . . . 6 C. Aggregate Base . . . . . . . . . . . . . . . . . . . . . . . . . 7 D. Asphalt Concrete . . . . . . . . . . . . . . . . . . . . . . . . 7 i INDEX (continued) Page E. Storm Drain System. . . . . . . . . . . . . . 7 F. Adjustment of Manholes, Water Valve Boxes, Etc. to Finished Grade . . . . . . . . . . . . . . . . . . . . . 7 G. Backfill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 H. Carpentry . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I. Piles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 J. Metals . . . . . . . . . . . . . . . . . . . . . . . . . . 14 K. Street Light System . . . . . . . . . . . . . . . . . . . . . . . 17 L. Electrical System . . . . . . . . . . . . . . . . . . . . . . . . 17 M. Water System . . . . . . . . . . . . . . . . . . . . . . . . . . 18 N. Sewer System . . . . . . . . . . . . . . . . . . . . . . . . . . 18 XV. COMPLIANCE WITH THE DAVIS -BACON ACTS AND RELATED ACTS AS REQUIRED BY FEDERAL REGULATIONS . . . . . . . . . . . . . . . . 19 A. Minimum Wages. . . . . . . . . . . . . . . . . 19 B. General Area Wage Determinations . . . . . . . . . . . . . . . 22 ii 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR STREET AND WHARF IMPROVEMENTS FOR THE RHINE WHARF PARK CONTRACT NO. 1598 I. SCOPE OF WORK SP I of 11 The work to be done under this contract consists of removal of exist- ing street improvements; and construction of curbs, gutters, paving, sidewalks, boardwalks, loading ramps, water system, electrical sys- tem, reinforced box culvert, curb inlet, and other incidental items of work as shown on the plans. i The contract requires completion of all the work in accordance with these Special Provisions, the Plans (Drawing No. P- 5070 -5), the City's Standard Special Provisions and Standard Drawings, and the City's Standard Specifications (Standard Specifications for Public Works Con- struction, 1973 Edition with 1974Supfement ), copied which z are available at BuildingNews, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, (213) 870 -9871. Copies of the City's Standard Spe- cial Provisions and Drawings may be purchased at the Public Works Department for $5. II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK The contractor shall complete all work on the contract within 120 con- 2.I secutive calendar days after award of the contract by the City, and as specified in Section 6 of the Standard Specifications. The con- struction schedule submitted by the contractor shall be approved by the Engineer prior to the start of any work. The work shall be carried on at such places at the project and also in such order of precedence as maybe found necessary by the Engineer to expedite the completion of the project and minimize obstruction to normal use of streets, roads, and harbor. Where work has begun on any portion or designated part of the project, it shall be carried forward to final completion as rapidly as practicable. All operations shall be conducted so as not to interfere unnecessarily with the authorized work of utility companies or other agencies in any public street, alley, way, parking area, or harbor. After the contractor removes the existing improvements adjacent to the bulkhead, the City will investigate the condition of the bulkhead and tie rods, and will make any repairs deemed necessary. The contractor shall adjust his schedule to allow sufficient time for the City to make the repairs. 0 • SP 2 of 22 The contractor shall maintain the project site in accordance with the requirements of Section 7 -8. 1 of the Standard Specifications. In addition, the contractor shallinstalland maintain a floating scum control curtain on the water surface during construction of the wharf. All debris shall be confined and removed from the water surface as required by the Engineer. III. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equip- ment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work, not separately provided for in the proposal, shall be included in the price bid for other related items of work. IV. TRAFFIC CONTROL AND ACCESS The contractor shall provide traffic control and access in compliance with Subsection 7 -10 of the Standard Specifications. At no time shall any street be closed to traffic except upon specific approval of the engineer. The contractor shall maintain at all times not less than two (2) 11 foot traffic lanes (1 lane each direction) on Lido Park Drive. Prior to commencing the work, the contractor shall submit a written traffic plan to the engineer for approval. The plan shall show the location and signing of all detours and barricades, and any other details required to assure that all through and local traffic will be handled in a safe and efficient manner with a minimum of inconvenience. The contractor may restrict the docking of boats adjacent to the bulk- head during the time the docking wharf and pedestrian boardwalk are actually under construction. This restricted access shall not exceed a total of 20 working days. The contractor shall make every effort to keep inconvenience to a minimum for boats docking adjacent to the bulkhead area during the entire project. V. PERMITS The City has obtained the following approvals and permits which are available for inspection at the Public Works Department: 1. Permit for discharge of waste water: County Sanitation Districts of Orange County (see also Section )UI, Surface and Groundwater Control), 2. Project approval: California Regional Water Quality Con- trol Board - -Santa Ana Region (see also Section )UI, Sur- face and Groundwater Control). 3. Permit: California Coastal Zone Conservation Comis- sion, South Coast Regional Commission. 0 SP 3 of 22 4. Permit: Department of the Army, Los Angeles, District Corps of Engineers. The contractor shall be responsible for making himself aware of and conducting his operations in accordance with the requirements of these approvals and permits. All costs involved in complying with these provisions shall be included in the price bid for the various items of work, and no additional compensation will be made therefor. The contractor shall obtain the following permits, prior to any con- struction: Permit to perform excavation or trench work from the Division of Industrial Safety, State of California (see Sec- tion XIII, Guarding Underground Construction). Permit to dispose of demolition at any sanitary landfill site in Orange County, from the City Public Works De- partment at no charge (see Section XIVA, Clearing and Grubbing). VI. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engineer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. VII. NOTICE TO RESIDENCES AND BUSINESSES The City will mail preliminary notice to all residents and businesses affected by this work. Between 40 and 55 hours before closing or restricting vehicular access to and from driveway approaches, the contractor shall distribute to each affected residence or business a written notice stating when construction operations will start and ap- proximately when vehicular accessibility will be restored. The written notice will be prepared by the City and the contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribu- tion, false starts, acts of God, strikes or other alterations of the schedule will require renotification using an explanatory letter. VIII. PROTECTION OF EXISTING UTILITIES AND STRUCTURES Known utilities are indicated on the plans. Prior to performing con- struction work, the contractor shall request each utility company to locate its facilities. The construction will cause work to be performed under and very near existing sewer, gas, water, telephone, television, and electrical lines. The contractor shall protect inplace and be respon- sible for, at his own expense, any damage to utilities encountered during constructionof the items shown onthe plans. The contractor's attention is called to Section 5 and Subsection 7 -9 of the Standard Specifications. . SP4of22 Existing buildings and structures abutting proposed improvements are indicated on the plans. Prior to construction, the contractor shall verify the location of existing buildings and structures and shall pro - tect them in place and be responsible for, at his own expense, any damage to them resulting from construction of the improvements. The contractor is advised that other contractors or utilities may be installing facilities on or adjacent to the project, and he shall coordi- nate with them in order to facilitate orderly progress of all work. IX. PROTECTION OF EXISTING PROPERTY CORNERS Every effort shall be made by the contractor to protect any existing property corners uncovered during construction. Should any of these corners be disturbed, they shall be restored by the contractor at his expense and no separate compensation will be made. X. WATER The contractor shall make his own provisions for obtaining and apply- ing water necessary to perform his work. If the contractor desires to use available City water, it shall be his responsibility to make arrangements for water purchases by contacting the City's Utilities Superintendent, Mr. Tom Phillips, at (714) 640 -2221. XI. GUARANTEE The contractor shall guarantee for a period of one year, after accept- ance of the work by the City Council, all materials and workmanship against any defects whatsoever. Any such defects shall be repaired at the contractor's expense. XII. SURFACE AND GROUNDWATER CONTROL A. Surface Water Surface runoff water containing mud, silt, or other deleterious material from the project shall be treated by filtration or retention in a settling basin or basins, sufficient to prevent such waters from entering storm drains or the bay. Prior to commencing con- struction, the contractor shall submit a plan for implementing siltation control concurrently to the City and to the California Regional Water Quality Control Board, Santa Ana Region (6833 Indiana Avenue, Suite 1, Riverside, California 92506, Telephone (714) 684 -9330, Mr. Herrera). Upon approval of the plan by the City and the Board, the contractor shall be responsible for the implementation and maintenance of the control facilities. The con- tractor's attention is called to Subsection 7 -8.1 of the Standard Specifications as regards project site maintenance. B. Ground Water It is anticipated that ground water will be encountered at various times and locations during the work herein contemplated. The • SP 5 of 22 contractor, by submitting a bid, acknowledges that he has investi- gated the risks arising from ground water and has prepared his bid accordingly. C. Dewatering All water removed from excavations shall be pumped to a portable settling box of a size and configuration capable of removing sus- pended solids from the dewatering operation. The discharge from the box shall have a 2 1/2" standard fire hose connection. The discharge from the box shall be metered. Water from the settling box shall be discharged into the nearest sewer manhole. Dis- charge from the box will be periodically sampled by the Orange County Sanitation No. 5. The City has obtained and paid for the necessary permit from Orange County Sanitation District No. 5. One standard fire hydrant meter will be furnished to the contractor and may be picked up at the City's maintenance yard at 592 Superior Avenue from the Utility Division. All costs involved in the dewatering operation shall be included in the price bid for the related item requiring dewatering. XIII. GUARDING UNDERGROUND CONSTRUCTION Trench excavation and backfill shall conform to Section 306 -1 of the Standard Specifications and these special provisions. Guarding - The walls and faces of all excavations over 5 feet in depth shall be effectively guarded bya shoring system, sloping of the ground, or other equivalent means. Trenches less than 5 feet in depth shall also be guarded when examination indicates hazardous ground move- ment may be expected. The contractor shall obtain a permit to perform excavation or trench work from the Division of Industrial Safety, State of California, prior to any construction. The cost of providing all necessary information to obtain the permit and the cost of complying with the provisions of the permit shall be included in the lump sum price bid for guarding under- ground construction. XIV. CONSTRUCTION DETAILS A. Clearing, Grubbing, and Other Removals These items of work shall be performed in accordance with the requirements of Subsection 300 -1 of the Standard Specifications, except as modified herein: 1. The lump sum price lrid for clearing and grubbing shall include full payment for all items shown on the plans to be removed except the brick walk and the partial driveway reconstruction. S • SP 6 of 22 All P. C. C. and A. C. removals shall be sawcut to a minimum depth of 2 inches prior to removal. All material removed under clearing and grubbing, utilities reconstruction, or excavation from trench or street areas down to the subgrade plane, that is not suitable for use on this project as directed by the Engineer, or as otherwise specified herein, shall become the property of the contractor and shall be disposed of away from the job site in a manner and at a location acceptable to all cognizant agencies, unless otherwise shown on the Plans. Prior to dumping any spoil or waste material from the job site at any sanitary landfill site in the County of Orange, the contractor shall obtain a "Permit to Dispose of Demolition" from the City Public Works Department. There is no charge for this permit; its purpose is to provide authorization for the contractor to use these disposal facilities for excess material. 4. Items shown to be removed and replaced in kind shall be done in accordance with Subsection 7 -9 of the Standard Specifications. Bricks not removed by the adjacent property owner shall be carefully andneatly removedand stockpiled by the contractor, and reinstalled after the adjoining improvements are com- pleted. The contractor shall install bricks that are in the best condition first, and any bricks remaining after all desig- nated areas are reinstalled shall be disposed of by the con- tractor at the direction of the Engineer. If required, any bricks damaged as a result of the contractor's operations, shall be replaced at his expense. Installation of removed bricks shall conform to the grade of the adjoining improvements, and shall be of at least the quality and appearance of the existing brick paved area prior to removals. B. Portland Cement Concrete Improvements All portland cement concrete construction shall be performed ac- cording to the requirements of the applicable sections of the Standard Specifications, unless otherwise modified. Portland cement concrete used for the loading ramp approach shall attain a minimum modulus of rupture of 600 psi (tested in accordance with ASTM designation: C78 -64) within 28 days after placement. Portland cement concrete shall be securely barricaded immediately following placement, and no vehicular traffic shall be allowed thereon until beam tests yield a minimum modulus of rupture of 450 psi. The loading ramp shall have a heavy broom textured finish. Weldedwire fabric shall conform to ASTM A -185. Payment for constructing the P. C. C. ramp shall include the con- crete encased wood nailer strip and the welded wire fabric rein- forcement. 0 SP 7 of 22 Payment for constructing Type "A" P. C. C. curb and gutter shall exclude curb inlet and local depression lengths. C. Aggregate Base Aggregate base shall conform to the requirements for Processed Miscellaneous Base in Subsection 200 -2.4 of the Standard Specifica- tions. D. Asphalt Concrete Asphalt concrete shall be Type III and shall conform to the require- ments of Subsection 400 -4 of the Standard Specifications. All new asphalt concrete pavement and the existing asphalt concrete pavement, where shown on the plans, shall be sealcoated with a fog seal. Sealcoat shall be type SS -1 emulsified asphalt, spread at the rate of 0.05 to 0. 10 gallons per square yard, and shall conform to the requirements of Sec. 203 -3.2of the Standard Specifications. E. Storm Drain System All curb inlets shall have a protection bar installed per CNB Std.- 300 -L. F. Ad'ustment of Manholes, Water Valve Boxes, Etc. to Finished ra e All sewer manholes, water vaults, storm drain manholes, water valveboxes, water meter boxes, survey monument boxes, and sewer cleanouts shall be adjusted to finished grade in a manner similar to that described in Subsection 302 -5. 7 of the Standard Specifica- tions. They shallbe adjusted to grade prior to placement of portland cement concrete improvements. In asphalt concrete areas, adjust- ments to finished grade shall be made after placement of the pave- ment. G. Backfill Section 306- 1.3.5. of the Standard Specifications is hereby amended to require a minimum of 9510 relative compaction of all trench backfill in paved areas. The contractor shall densify by jetting and /or ponding supplemented as required with mechanical devices to comply with this special provision. It is the intent of this special provision that no trench backfill settlement will be allowed. H. Carpentry General a. Scope: This contract shall include furnishing of all materials and labor to do all carpentry as required on the plans and as herein specified; including installation . • SP 8 of 22 of nailers, inserts, decking, beams, marine appur- tenances and guardrails and connection of beams to piles. b. Supe_r_vipm Perform carpentry work under direction of a capaS a experienced foreman. Cooperate with Subcon- tractors to assure overall completion without delay to job progress. Carefully plan and lay out work of construc- tion. C. Protection: Protect work of this Section from damage of any kina as well as work of other trades in performance of work of this Section. Make good and repair all such damage that may be done during the construction of the improvements and leave the work in first class condition without exception. d. Verification of Conditions: Verify all dimensions at the job, especially locations of concrete pilings prior to deck construction. Contractor shall acquaint himself with work of all other crafts whose work abuts, adjoins, or is in any manner affected by work of this Section. He shall consult with drawings and others, and shall expedite and coordinate materials and labor with them to avoid omis- sions and delays. Rough Carpentry a. La out: Contractor shall acquaint himself with the Draw- ings, ecifications and requirements of other work which may affect this work. He shall cooperate in every pos- sible way with the mechanics of other trades. He shall direct the location of all grounds, openings, blocking, etc. , for the reception of his work, as otherwise he will be held responsible for any alterations required. He shall make ample preparation in consultations with other crafts to the end that work shall be properly expedited. b. Notching: Under this Section, have skilled mechanics do notcR g and framing of wooden members required to accommodate structural members, routing of piping, conduit, ducts, and installation of mechanical, electrical or other apparatus or equipment. Notching must be approved by the Engineer. C. Framing: Provide necessary shoring, bracing, or tem- porary structural units required to properly and safely construct framing indicated and respective positions; securely nail, spike, lag screw, or bolt together as in- dicated, specified or required. Anchorage: This contractor shall be responsible for the accurate and proper locating in forms of all metal work for anchorage or support of work of this Section before pouring of concrete. The actual placing of all bolts, anchors, pins, nailing blocks, angles, etc., will be by the concrete and masonry contractors, but must be laid • 0 SP9of22 out and checked by this Contractor. e. (1) Grading: All materials shall bear the official trademark an�graae of the association under whose rules it was graded. Moisture content at the time of delivery to the job shall be 1916 or less. Materials shall be so delivered, piled and handled on the work as to maintain identi- fication. (2) Lumber: Provide species and grade for respective mem- Te'rsin conformance with current W. C. L.A. Standard Grading Rule No. 16 for coast Region S4S Douglas Fir as designated below. (a) 4" T & G Decking: No. 1, structural joists and planks (b) 2" or 3" Spaced Decking: No. 2, structural joists and planks (c) 6x and 12x Beams: No. 1, beams and stringers (d) Guardrail: No. 2, structural joists and planks (e) Miscellaneous, blocking, inserts and nailers: Utility light framing and studs (3) Wood Guard Wall: The contractor shall construct the wood guard w rom sections of used utility poles. Pole sections may vary in diameter from 12 inches minimum to 16 inches maximum and shall be of random and variable height. Maximum height shall be4 -1/2 feet above grade and mini- mum height shall be 3 feet. All poles shall have a mini- mum bury of two feet in concrete. The used utility poles, as furnished by the Contractor, shall be in good condition, straight, sound, free from through splits, checks or shakes and free from decay, significant holes or excess splinter- ing, of relatively uniform color, and shall be subject to inspection and approval by the Engineer prior to installa- tion. Preservative Treated Lumber: All lumber shall be pressure -processed in accor -nce with the specification for treatment of and the standards of the American Wood Preservers' Association and the supplier. The preservative used shall be pentachlorophenol meeting the requirements of Section 1 of AWPA Standard P -8, "Standards for Oil -Borne Preservatives ". The solvent carrier shall meet the requirements of Section 2 of AWPA Standard P -9 "Standard for Hydrocarbon Solvents for Oil Borne Preservatives." The pressure treatment shall be conducted in accordance with AWPA Standard C -2 (Lumber, Timber, etc.), C -9 (Plywood) or C -28 (Lumber Treated before Laminating). • • SP 10 of 22 Penetration of pentachlorophenol shall be determined using the penta check method, Section 5, AWPA Standard A -3. Minimum retention of pentachlorophenol shall be 0. 5 p, c. f. by assay. When sawing or drilling is necessary after plant treat- ment, the cut surfaces shall be thoroughly brushed with two coats of the same kind of preservative in conformance with AWPA Specification M -4. The maximum protection requirement specified therein shall be met in all instances. g. Rough Hardware: (1) Nails: Provide nails of type and size as indicated on drawings for framing. All nails shall be hot - dipped galvanized. (2) Bolts: ASTM A307, galvanized. (3) Stock Framing Connectors: Connectors shall be " impson ", or equal, oortl a types indicated or required, galvanized, or stainless steel. Use galvanized nails fur- nished by manufacturer of anchors used. Fully drive nails in all holes in anchors. (4) Corrosion Proofing: Corrosion proofing shall be applied to aTl o ts3 s and framing anchors exposed to the weather as specifiedin Section J, "Metals ", of the Special Condi- tions. h. Construction: (1) Nailing: Conform to nailing requirements indicated on tructural Drawings. (2) Spacing and Drilling: Drive nails no closer than one -half heir engt nor closer to edge of timber than one - quarter their length. To prevent splitting, bore all holes for nails or spikes of 20 penny or larger in size. Diameter of hole shall be slightly smaller than diameter of nail or spike. (3) LagScr_ews: Place lag screws by screwing; do not drive into place. ce. Install screws with embedment of not less than 8 diameters. Provide standard malleable iron or steel plate washers under head. In placing lag screws in wood, bore ahole of same diameter and depth as shank. For threaded portion of screw, bore hole with a bit not larger than base of thread. (4) Plates on Concrete: Use long lengths, set on a bed of cement grout part portland cement, 2 parts concrete sand). . f SP 11 of 22 (5) Bolts: Sizes and spacings shall be as indicated on the prans. There shall be at least 2 bolts per piece, with washers under nuts. All bolts through wood shall have holes drilled with the same nominal diameter bits (1/ 16" larger). Holes through steel shall be 1/32" larger. Bolts in wood shall have an end distance of 7 diameters for parallel -to -grain loads and 4 diameters for perpendi- cular -to -grain loads. Edge distance shall be 1 -1/2 di- ameters for parallel -to -grain and 4 diameters for per - pendicular-to- grain. Spacing between bolts shall be 4 diameters. All bolts shall be retightened on completion of the con- struction. (6) Sill Fasteners: Use Phillips redhead self - drilling anchors or equal for anchoring to existing concrete sec- tions. A -307 anchor bolts may be used where concrete is poured -in- place. i. Mooring Cleats: Use Wilcox Crittenden No. 401, Perko Fig. 544, or an approved equal. The Contractor shall submit shop drawings for the Engineer's review. I. Piles 1. General The Contractor shall furnish all tools, equipment, materials, and supplies and shall perform all. labor and supervision necessary to install concrete wharf piles and timber fender piles, as required, as shown on the drawings and as specified herein. 2. Materials All wharf piles shall be 14" square prestressed concrete piles at the location shown on the drawings, and shall conform to the requirements of Section 205 -3 of the Standard Specifications except as otherwise specified herein. The effective prestres- sing force after all losses is to be 148. 80 Kips. Concrete shall have minimum ultimate compressive stress of 6, 000 psi at 28 days andan initialultimate compressive stress at trans- fer of 4, 000 psi. All timber fender piles shall conform to the requirements of Section 205 -1 off the Standard Specifications except as other- wise specified herein. The minimum tip diameter shall be 12 ". 3. Preservative Treatment Timber piles shall be pressure treated in accordance with AWPA Standard C -3, for "Marine Piles (Dual Treatment) ". • i SP 12 of 22 The preservatives used shall be ACA or CCA with retention by assay of 1 pcf and creosote with a retention by assay of 16 pcf. Deep heart incising is required. Care After Treatment Timber pile cutoffs, bolt holes and field cuts shall be pro- tected in accordance with American Wood - Preservers' Association (AWPA) Standard M4. After cutoff, two coats of hot creosote shall be applied to exposed tops of piles, followed by a liberal coating of coal tar pitch. A sufficient interval shall be allowed between applications to assure the absorption of each coat before the succeeding one is applied. Installation Installation of piling shall conform to the requirements of Section 305 -1 of the Standard Specifications, except as modified herein. a. Alignment The centerline of the wharf bearing piles at the top cutoff elevation shall not vary by more than 2" from the position indicated on the plans. The center line of the timber fender piles shall not vary more than 3" from the indicated position. Piles shall not be more than 1 inch out of plumb in 10 feet when driven to final grade. Pulling piles into position shall not be permitted. Provide substitute piles where driven piles exceed specified toler- ances. All correction work under this section shall be completed at the contractors' expense, and no additional compensation will be made. b. Driving Criteria (1) Driving Equipment: Driving hammers shall be used of a size and type able to consistently deliver effective dynamic energy suitable to the piles and material into which they are driven. The contractor shall operate the hammer at the manufacturer's recommended speeds and pres- sures. The pile shall be plumb before driving. Special precautions shall be taken to insure against buckling of the pile or leading away from plumb or true position. Suitable anvils or cushions designed to prevent and correct any tendency of piles to twist, rotate or walk shall be used. (2) Driving Energy: Hammers developing a minimum driving energy of 7500 ft.- lb. shall be used. Hammers developing greater or lesser SP 13 of 22 energies may be used upon written authorization after it has been demonstrated by the contractor that the substitute hammer will adequately drive pile to required depth without damage to pile. Concrete piles shall be driven to a minimum bearing value of six (6) tons. Both concrete and timber piles shall be set to a minimum embedment of 10 feet into firm soil as determined by the Engineer. A driving resistance of 4 blows per inch for timber piles and 8 blows per inch for concrete piles should be considered refusal to prevent struc- tural damage to the piles. (3) Record of Driving: The Engineer shall be present during the placement of piles and shall keep records to include the following infor- mation: (a) Reference: All piles shall be numbered per number- ing system number- ing shown on plans. (b) Dimensions: Include elevations of tip and butt before ann er cutting off. (c) Driving Resistance: Complete record of all driving. (d) Time: Include time of starting, completion, inter- ruptions (if any), and condition of pile after driving. (e) Visual Ins ection: Record of visual inspection of all pi eis, care u c ecking and taping of length. (4) Jetting: Piles may be jetted into place to within 3 feet of their design tip depth. The last 3 feet of penetration shall be accomplished by driving the pile. (5) Modifications: The Engineer reserves the right to modify the above criteria if field conditions are encountered which, in his opinion, make it necessary to do so. C. Handling (1) Timber Piles: The contractor shall handle the piles without sudden dropping, breaking of outerfibers, bruising or penetrating the surface with tools. Peaveys, cant - hooks, pikes or other pointed tools shall not be used. (2) Precast Concrete Piles: When raising or transporting precast concrete piles, the . SP 14 of 22 Contractor shall provide slings or other equipment to avoid any appreciable bending of the pile or cracking or spalling of the concrete. d. Damaged Piles: (1) General: Any pile driven into a previously driven pile automatically rejects both piles. Leave all pile heads sound or repair or replace damaged heads. Replace allpiles, when the handling or driving record indicates possible damage or defect as determined by the Engi- neer, with a substitute pile at no expense to the owner. Do not drive piles damaged or suspected of damage until inspected and approved. (2) Replacement: Should the piles be damaged by improper andling or in driving, or should they be damagedin any other mannerbythe Contractor's em- ployees orthrough acts of others before final accept- ance of the work, the Contractor shall be respon- sible. If the damage, in the opinion of the Engineer is such that it cannot be properly remedied as herein provided, the Contractor will be required to replace the piles with new piles at his own expense. Impairment of structural properties or strength shall in- clude the following: (1) Cracks, Spalls or Chips (2) Tears, Rips or Large Dents (3) Impairment of Protective Coating J. Metals 1. General Scope: The work covered by this section shall include all the wishing of materials, labor and equipment necessary to complete the installation of all miscellaneous iron and steel as shown on the drawings and herein specified. 2. Miscellaneous Iron and Steel a. Fabrication: Fabrication erection shall conform to "RISC Specifica- tions for the Design and Erection of Structural Steel for Buildings ", latest edition. s SP 15 of 22 • . b. Materials: (1) Miscellaneous angles, bars and plates shall conform to ASTM A36. (2) Threaded bolts and nuts shall conform to ASTMA307. C. Galvanizing: Hot -dip galvanize all miscellaneous iron and steel, and threaded screws, bolts washers and nuts. Galvanizing shall conform to the requirements of Subsection 206 -7 of the Standard Specifications. d. Corrosion- Proofing: All miscellaneous iron and steel, and threaded nuts and bolts of the wharf structu re which are exposed to the weather shall be coated with an Epoxy -Coal Tar coating. (1) Materials of construction to be utilized in treating the surfaces shall be as follows: (a) The Epoxy -Coal Tar coating shall be Pittsburgh Chemical Company Epoxy -Coal Tar coating known in the trade and under the trade style "Tarset ". (b) The solvent thinner shall be as recommended by the manufacturers. (c) The solids - solvents ratio of the unthinned Epoxy - Coal Tar material shall be not less than 7810 solids. (2) There shall be applied to all cleaned steel surfaces a minimum of two coats of the coating material con- sisting of an unthinned base or prime coat and a final or finish coat of unthinned coating material. The final dry film thickness of the two coats of Epoxy -Coal Tar coating shall be not less than .016" (16 mils). (3) The application of the Epoxy -Coal Tar Coating shall be performed in the following manner: (a) The Epoxy -Coal Tar coating vehicle shall be thoroughly mixed with the Activator Catalyst (Component "B ") by slowly adding the catalyst to the base vehicle (Component "A ") as it is being mixed. The mixing shall provide a complete and uniform dispersion of the catalyst (Component "B ") into the base vehicle. 0 SP 16 of 22 (b) After through dispersion of the catalyst (Compo- nent "B ") into the base vehicle, the thoroughly mixed.raAterial shall be allowed to stand for 20 minutes prior to application. (c) The mixed coating may then be transferred to the container readyto apply to the prepared sur- faces. (d) The coating shall be uniformly applied to the prepared steel surfaces by immersion of the steel into the vat. (e) The first or prime coat shall yield a dry cured film of not less than 8 mils thickness (.008 "). All cracks and /or joints shall receive an extra heavy coat of the Tarset coating. No skips or bare spots are permissible. (f) After the base or prime coat has been permitted to set and gain sufficient film strength to receive the second coat of the Tarset coating without sagging or forming curtains, the second and final coating of Tarset may be applied in the same manner referred to in subsection d. (g) The minimum air temperature at which the Tarset coating may be applied shall not be less than 40° F. (h) Coating operations shall be coordinated with the cleaning operations as closely as practicable to avoid surface contamination. (4) Coating materials shall be applied to nuts and threads as soon as the nut is in place and all other connections made. Areas not previously coated (in- cluding threaded areas) shall be thoroughly cleaned prior to coating. (a) Particular care shall be exercised by Contractor to avoid having bolt and nut being submerged in salt water due to tidal action prior to applica- tion of "Tarset ". This is to prevent salt con- tamination of the area to be treated. (b) All other sections of this Special Condition shall apply except the coating of bolts and nuts after installation is to be uniformly and thoroughly applied by spray gun or brush. I SP 17 of 22 • • K. Street Light System The street light system shall be in accordance with the applicable portions of Section 307 of the Standard Specifications except as modified herein. The street light standards shall be type III -J conforming to City of Newport Beach Drawing No. Std. 202 -L. The luminaires shall be "G. E. Town & Country TC -100" with a 240 volt photoelectric cell and aerial ballast conforming to City of Newport Beach Drawing No. Std. 202 -L. Conduit shall be polyvinyl chloride of a minimum size of 1 1/4 inches. Insulated conductors shall be copper with Type TW insulation of minimum 7/16 -inch thickness. Splices or connections shall be made at lighting standards with approved end -to -end crimp type mechanical connectors. At least one foot of slack shall be left for each conductor at each lighting standard. A "TRON" Model #HEB -AA fuse holder, or approved equal, with five ampere fuse shall be installed in each line within the base of each light standard. L. Electrical System All electrical work is shown schematically on the Plans. Said work shall be constructed in accordance with the Plans and Speci- fications contained thereon. The intent of these Plans and Specifi- cations is to provide a complete electrical system ready for use. All trenches shall be restored per C.N.B. Drawing No. Std. -128 -L and the cost of pavement replacement in the area scheduled for asphalt concrete overlay shall be included in the lump sum price bid for installation of the electrical system. All underground construction shall be completed prior to place- ment of concrete, aggregate base, paving, or overlay. Full payment for furnishing all materials and constructing the electrical system complete in place in accordance with the Plans and Specifications shall be on the basis of the lump sum bid and no additional compensation will be allowed therefor. SP 18 of 22 M. Water System Payment for 6" ACP water main shall include full compensation for restoration of all trenchs per C.N. B. Drawing No. Std. - 128 -L, including replacement of the pagement section__in area scheduled for asphiaW- don"crete overlay. N. Sewer System Payment for 6" VCP sewer main shall include full compensation for restoration of all trenches per C. N. B. Drawing No. Std.-128-L. SP 19 of 22 i K XV. COMPLIANCE WITH THE DAVIS -BACON ACTS AND RELATED I All work to be done under this contract must comply with Part 5, Sub- title A, Title 29, of the Code of Federal Regulations. A. Minimum Wages Minimum wages. a) All mechanics and laborers employed or working upon the site of the work in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics; subject to the provisions of 29 CFR 5.5(a)(1)(iv): Also for the purpose of this clause, regular contribu- tions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. b) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination, and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the contracting officer shall be referred to the Secretary for final deter- mination. c) The contracting officer shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the SP 20 of 22 interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. d) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, The Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. e) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one -half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week, as the case may be. 2. Withholding The City of Newport Beach may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, in the construction or development of the project, all or part of the wages required by the con- tract, the City of Newport Beach may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Payrolls and Basic Records Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, in the construction or development of the project. Such records will contain the name and address of each such employee, I 4 I SP 21 of 22 his correct classification, rates 10pay (including rates of contributions or costs anticipated of the types described in section l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deduct- ions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. b. The contractor will submit weekly a copy of all payrolls to the City of Newport Beach if the agency is a party to the contract, but if the agency is not such a party the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the City of Newport Beach. The copy shall be accom- panied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any find- ings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of the City of Newport Beach and the Department of Labor, and will permit such repre- sentatives to interview employees during working hours on the job. Apprentices and Trainees Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined below or is not registered as above, shall be paid r - • • the wage rate determined classification of work he or subcontractor will be tracting officer written program and apprentices a and wage rates, for the a any apprentices on the co 46 SP 22 of 22 by the Secretary of Labor for the actually performed. The contractor required to furnish to the con - evidence of the registration of his s well as of the appropriate ratios rea of construction prior to using ntract work. Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, and where paragraph next is applicable, in accordance with the provisions of Part 5a of Title 29, Code of Federal Regulations. On contracts in excess of $10,000 the employment of all laborers and mechanics, including apprentices and trainees, shall also be subject to the provisions of the labor standards for ratios of apprentices and trainees to journeymen as set forth in Part 5a, Title 29, Code of Federal Regulations. Compliance with Copeland Regulations (29 CFR Part 3) The contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference. Subcontracts The contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (5) and (7) and such other clauses as the City of Newport Beach may by appropriate instructions require, and also a clause requiring the sub- contractors to include these clauses in any lower tier sub- contracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. General Area Wage Determinations General Area Wage Determination No. CA75 -5087 of the Secretary of Labor, as published on July 25, 1975 on p. 31487 of the FEDERAL REGISTER, applies to this contract. Modifications and Supersedeas Decisions to area wage determina- tions are made from time to time and are published in the FEDERAL REGISTER. Modifications and Supersedeas Decisions are effective from their date of publication in the FEDERAL REGISTER. An updated Index to Area Wage Determination and Modifications as published in the FEDERAL REGISTER pursuant to the Davis -Bacon and related Acts is published on the first Friday of each month in the FEDERAL REGISTER. A copy of the revised area Wage Determination applicable to this contract is on file in the Public Works Department. In the event there are any differences between the minimum wage rates as determined by the United States Secretary or Labor and those determined by the City Council of the City of Newport Beach, the highest rate must be paid. e, r• RESOLUTION NO. O') ;." A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO DIAMOND BUILDERS IN CONNECTION WITH OCT 28 1975 CONSTRUCTION OF IMPROVEMENTS ON RHINE WHARF PARK (Contract No. 1598) By the CITY COUNCIL CITY or wrw gmF6T BEACH WHEREAS, pursuant to the notice inviting bids for construction of improvements on Rhine Wharf Park, in accord- ance with the plans and specifications heretofore adopted, bids were received on the 15th day of October, 1975, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is Diamond Builders; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Diamond Builders for the work in the amount of $134,800.00 be accepted, and that the contract for the described work be awarded to said bidder; BE IT FURTHER RESOLVED that the Mavor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ATTEST: City Clerk 0 ADOPTED this 28th day of October, 1975 yor DDO:yz 10/20/75