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HomeMy WebLinkAboutC-1860 - Balboa Island coping repair14X-1-ccC_a OOa.t2.dR- d -�Le,� FEB 12 1g7q TO: CITY COUNCIL By the CITY COUNCIL CITY OF f49WV0RT4MK4orks Department 0bruary 12, 1979 CITY COUNCIL AGENDA ITEM NO. H -13 SUBJECT: ASSESSMENT OF LIQUIDATED DAMAGE THE BALBOA ISLAND GRAND CANAL'` BULKHEAD COPING REPAIR CONTRACT C- 1860)' RECOMMENDATION: Assess liquidated damages in the amount of $3,900. DISCUSSION: At the Council meeting on December 20, 1978, the subject contract was accepted and the City Clerk authorized to file the notice of completion. The matter of late completion and assessment of liquidated damages was held over until February 12, 1979. The contract date of completion was June 24, 1978, with the work not being substantially completed until November 6, 1978, 136 days after the required date. It is felt that a portion of this 136 -day period was due to circumstances beyond the contractor's control and that the date of completion should be ex- tended. The recommended extensions and reasons are: A. 19 days; contract document processing. At the time the specifi- cations were prepared it was felt that the work would take about 60 days. However, as the contract was written, this time was measured from date of award by the Council; and did not include any provision for the usual nearly 3 weeks necessary for obtaining bonds and insurance, review by City Attorney, and sig- nature by the Mayor. For the subject contract, this time amounted to 19 days. 60 days; inability to obtain cement. During the project the con- tractor experienced 4 separate delays, one for 25 days due to the non - availability of cement. While small quantities were available, this project required 2 truck and trailer loads of sacked cement. During the summer and early fall cement shortage, suppliers would not even consider orders of this size. C. 18 days; additional length of coping repair. The contract pro- posal had shown an estimated quantity of 770 lineal feet of bulkhead coping to be repaired while the actual length was 1,001 feet. The 18 days represent the time necessary to complete the additional length. The recommended extensions total 97 days, leaving 39 of the original 136 days unaccounted for. Under the terms of the contract specifications, liqui- dated damages at the rate of $100 per day are recommended for this 39 -day period. Benjamin B. Nolan Public Works Director GPD:jd C ;Z4 ,a JAN 22 1979 By the CifY COU14CIL January 22, 1979 CITY OF NAWPMT & ACH CITY COUNCIL AGENDA ITEM N0. _- K-la- TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR (C -1860) RECOMMENDATION: Postpone consideration of a report from the Public Works Department as to the extent of liquidated damages to be assessed until February 12, 1979. DISCUSSION: At the City Council meeting of December 20, 1978, the subject contract was accepted, and the Public Works Department was directed to report back on January 22, 1979, as to the extent of liquidated damages to be assessed. On January 11, the contractor submitted the back -up data for his request for an extension of time. Review of this data indicates that the City staff and contractor are still far apart. It is felt that the differences can be resolved within the next two weeks and that a final report can be submitted to the Council on February 12, 1979. Sze Benjamin B. Nolan Public Works Director GPD:jd 13 7 t Ce LPL /, . �. QEC�ZU 197.E ly C Y C, NUV ORC, FROM: Public Works Department *ember 20, 1978 CITY COUNCIL AGENDA ITEM NO. H -14 SUBJECT: ACCEPTANCE OF BALBOA ISLAND BULKHEAD COPING REPAIR (C- 1860P -11 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. 4. Direct the Public Works Department to report to the Council by January 22, 1979, as to the extent of liquidated damages to be assessed. DISCUSSION: I � The contract for the repair of the coping on the Grand Canal bulkhead has been completed to the satisfaction of the Public Works Department. The bid price was $53,130.00 Amount of unit price items constructed 69,069.00 Amount of change orders None Total contract cost 69,069.00 Amount budgeted in the General Fund 70,000.00 (Account No. 02- 4197 -136) The bid proposal contained an error in the estimated quantity of work to be done, 770 feet, rather than that shown on the plans, 970 feet. During construc- tion, this length was extended to 1,001 feet to bring the new work to existing joints, resulting in the increase in the amount of the unit price items constructed. The design engineering was performed by the Public Works Department. The contractor is Ernie Reason Jr. of Huntington Beach, California. The contract date of completion was June 24, 1978. The gunite work was not completed until November 6, 1978, 136 days after the required date. The con- tractor feels that most of the delay was due to circumstances beyond his control and that time extensions should be granted. He has requested that he be given a chance to document this. Acceptance and the filing of the Notice of Completion is recom- mended in order to start the statutory 35 day lien period and allow the contractor to obtain bonding for other jobs. G Benjamin B. Nolan Public Works Director GPD:jd September 21, 1978 TO: CITY COUNCIL FROM: Public Works Department - SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR, C- 1860 RECOMMENDATION: Authorize the Public Works Director to approve the substitution of subcontractor on the subject contract. DISCUSSION: On June 26, 1978, Council authorized the substitution of Baker Gunite of Riverside, California, to perform gunite repairs for Ernie Reason Jr., General Contractor on the subject project. Baker Gunite failed to perform satisfactorily on the work, and Mr. Reason requested that the Uribe Company of Baldwin Park be designated as subcontractor. Uribe Company was unable to per- form on the work due to inability to obtain cement. Subsequently, Mr. Reason obtained quotes from Superior Gunite and'from Hane Construction Company of Long Beach for the gunite work. Both of these firms are well qualified. On September 20, Mr. Reason- requested that Hane Construction Company, Inc. of Long Beach be designated as subcontractor. A check with Hane confirmed that they have cement and can accomplish the work. Subsection 2 -3.1 of the City's Standard Specifications requires Council approval of subcontractor substitutions. In order to satisfy this pro- cedural requirement, it is recommended that the Council delegate authority for approval of subcontractor substitution to the Public Works Director. The estimated date for Hane to start work is September 27, with a com- pletion date set for October 12. Benjamin B. Nolan Public Works Director SB:jd June 26, 1978 CITY COUNCIL AGENDA ITEM N0. H -12 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR (C- 1860 RECOMMENDATION: Confirm the authorization of the substitution of subcontractors onthe subject contract by the Public Works Director. DISCUSSION On April 28, 1978, Council awarded the subject contract to Ernie Reason Jr. of Huntington Beach, California. The contractor's subcontractor, J. & J. Gunite of Compton, California has failed to perform in placing air blown gunite for the project due to their inability to obtain portland cement from suppliers. Ernie Reason Jr. requested the City to approve the substitution of Baker Gunite of Riverside, California on June 19, 1978. The substi- tution was approved by the Public Works Director in order to expedite completion of the contract. Subsection 2 -3.1 of the City's Standard Specifications requires consent of the Council for such substitutions. Copies of the letter of request from Ernie Reason Jr. and the pertinent subsection of the Standard Specifications are attached for reference. Joseph T. Devlin Public Works Director Att. Telex 9791711 rnie cpeaevN, Or. 7- 714- 962 -8475 P.O. Box 6224 22091 Susan Ln. Huntington (Beach, Ca. 92646 General Engineering Contractor Lic. No. 310903 June 19,1978 City of Newport Beach 3300 West Newport Blvd, Newport Beach, Ca. SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR, CONTRACT # 1860 Gentlemen: Due to the non performance of our gunite subcontractor, J & J GUNITE; we are requesting a change of subcontractors to BAKER GUNITE of Riverside, Ca, Very t yours, Ernest D, Redson, jr. 23 Yrs. Specializing in Commercial Swimming Pools Consulting Fountains Planning Spas Design ft 5 Z4 - 2 -3 — 2 -3.1 2.3 SUBCONTRACTS 2.3.1 General. Except as provided in Section 4100.5 of the Government Code, each bidder shall file with the bid: 1) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or im- provement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of 1 percent of the prime contractor's total bid. 2) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in the bid. In each instance, the nature and extent of the work to be sublet shall be described. The failure of the contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work. constitutes sn agreement by the contractor that it is fully qualified to perform that portion itself, and that it shall perform that portion itself. The contractor must have the written consent of the Board to substitute a subcontractor other than that desig- nated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be per- formed by other than the original subcontractor. Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one -half of 1 percent of the work, will be allowed only in case of public emergency or necessity, and then only after a find - Ing reduced to writing as a public record of the Board, set- ting forth the facts constituting the emergency or necessity. Violation of any of the above provisions will be consid- ered a violation of the contract, and the Agency may cancel the contract or assess the contractor a penalty of not more than 10 percent of the subcontract involved. All persons engaged in the work, including subcontrac- tors and their employees, will be considered as employees of the contractor. The contractor will be held responsible for its work. The Agency will deal directly with, and make all payments to the prime contractor. When subcontracted work is not being prosecuted in a latisfaetory manner, the contractor will be notified to take •orrective action. The Engineer may report the facts to the Board. If the Board so orders and, on receipt by the con- tractor of written instructions from the Engineer, the sub- 2 -31 (Cant) — 22 25 contractor shall be removed immediately from the work and shall not again he employed on the work. 2.3.2 Street, Highway and Bridge Construction. The contractor shall give personal attention to the fulfillment of the contract and shall keep the work under his control. No subcontractor will be recognized as such, and all persons engaged in the work of construction will be consid- ered as employees of the contractor and the contractor will be held responsible for their work, which shall be subject to the provisions of the contract and specifications. The contractor shall perform, with its own organization, contract work amounting to at least 50 percent of the con- tract price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the contract price before computing the amount of work re- quired to be performed by the contractor with its own or- ganization. Where an entire item is subcontracted, the value of work subcontracted will be based on the contract unit price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated per- centage of the contract unit price, determined from informa- tion submitted by the contractor, subject to approval by the Engineer. Before any work is started, the contractor shall submit to the Engineer a written statement showing the work to be subcontracted, giving the name and business address of each subcontractor and a description of each portion of the work to be so subcontracted. Subcontractors may be changed only upon the prior approval of the Engineer. When a portion of the work which has been subcontracted by the contractor is not being prosecuted in a satisfactory manner, the subcontractor shall be removed immediately on the written request of the Engineer and shall not again be employed on the work. 2 -4 CONTRACT BONDS. Before execution of the con- tract by the Agency, the contractor shall file with the Agency surety bonds satisfactory to the Board in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate Surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be signed by both the contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. The contractor shall provide two good and sufficient surety bonds. The "Payment Bond" (Material and Labor Bond) shall be for not less than 50 percent of the contract price, to APR 94 1978 By the CITY COUNCIL CITY OF !IM4WMT iiACh TO: CITY COUNCIL FROM: Public Works Department • April 24, 1978 CITY COUNCIL AGENDA ITEM NO. H -2(f) SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR (C -1860% RECOMMENDATION: Adopt a resolution awarding the contract to Ernie Reason Jr. of Huntington Beach for $53,130. DISCUSSION: Four bids were received and opened in the office of the City Clerk at 2:30 P.M. on April 6, 1978. Bidder Amount Ernie Reason Jr., Huntington Beach $53,130.00 Superior Gunite Co., North Hollywood $60,830.00 The Koncret Repairs, Inc., Baldwin Park $64,872.50 Hane Const. Inc., Long Beach $84,915.60 This project provides for the reconstruction of a portion of the deter- iorated reinforced concrete bulkhead copings along the Grand Canal (see attached sketch). This is phase I of a proposed 3 -phase program to repair the copings along the canal using the air -blown gunite technique. Adjustment and reconstruc- tion of existing platforms and piers is the responsibility of the adjoining owners. A check of the low bidder's references indicates that his experience is somewhat limited, but that he has satisfactorily performed work of this type for private companies. Plans and specifications were prepared by the City date of completion is June 24, 1978. Joseph'T. Devlin Public`Wo ks Director �: jd Att. The estimated r— i 1 Q c .80.4 Q P,4 �' k SO UTN J J V Q a� y o o_ NE wAORCr- :o L A A/ o \\A � \ �u\ A AvE. /YEW -I I--I r COPING Q /" c 24W I i L "15ri.✓lr, Z. . 9.0 �MtEW A fX/dJt ' O I. ��BbL/tN► -.i 0 A ryo/cAt s.� c riaN � cooi� Ep.�,vR 90 I CITY OF NEWPORT BEACH A9-QlZ fJOA /BEANO COP /nl c DRAWN S• b • DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. X-X/NIQ /% "'A APR 24 1978 By the CITY COUNCIL CITY OP "WRMT BEACH RESOLUTION NO. 9:32 B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO ERNIE REASON, JR. FOR BALBOA ISLAND COPING REPAIR, CONTRACT NO. 1860 WHEREAS, pursuant to the notice inviting bids for 141- work in connection with the Balboa Island Bulkhead Coping Repair, in accordance with the plans and specifications hereto- fore adopted, bids were received on the 6th day of April, 1978, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is ERNIE REASON, JR. of Huntington Beach; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Ernie Reason, Jr. of Huntington Beach for the work in the amount of $53,130 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 24th day of Mayor ATTEST: City Clerk it 1978. DDO /bc 4/21/78 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, SS. County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circulation, printed and pub- lished weekly in the city of Newport Beach, County of Or- ange, and which newspaper has been adjudged a news- paper of general circulation by the Superior Court of the County of Orange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil). has been published in each regular and en- tire issue of said newspaper and not in any supplement thereof on the following dates to -wit: March 16, 1978 I certify (or declare) under penalty of perjury that the foregoing is tr nd correct. Dated at NV wport Beach, California, this dayof `fla'r'19 7 2721 E. Coast Hwy., Corona del Mar, California 92625. This space is for the County Clerk's Filing Stamp G Proof of Publication of r,,:_ T PUBLIC.NOTICE j CI'Y OF NEWPORT BEACH I I CALIFORNIA -i 41 NOTICE UIVITINGBIDS ' SEALED. $IDS will be receivW at the 4$m of the City Clerk, City Hall, Newport Beach, California, until 2:30 P.M on the 6th day of April, 1978, at which time they will be opened and read, for per- forming work as follows: BALBOA ISLAND BULKHEAD COPING REPAIR CONTRACT NO. 1860 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Wofks Department. The additional copy of the proposal form isQo be retained by the bidder for his records. Each bid must be ac- companied 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 out- side of the envelope con- taining the bid. The contract' documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Sub- contractors. C. Bidder's Bond ,. D. Non-collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Ex- perience References PROOF OF PUBLICATION These documents shall be affixed with the signature and titles of the persona signing on behalf of the bidder. For cor- porations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required and the Corporate Seal shall be af- fixed to all documents requiring signatures. In the case of a Partnership, 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 Cahpter 9, Division M of the Business and Professions' Code. The contractor shall state his licen- se number and classification in the proposal. One set of plans and con- tract documents, including special provisions, may be ob- tained 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 weals after the bid opening. The City has adopted the Standard Specifications for Public Works Construction (1976 Edition) as prepared by the Southern California Chap- ters of the American Public Works Association and the Associated General Con- tractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Stan - dazd Special Provisions and Standard Drawings. Copies of these we available at the Public Works Department at a cost of $5 per set. A standard "Certificate of Insurance for Contract Work" form has been adopted by the City of Newport Beach. This form is the only certificate of insurance accpetable to the City. The successful low bid- der will be required to com- plete this form upon award of the contract. (A sample form is attached for reference). For any required bonds, the company issuing bid bonds, labor and material bonds, and faithful performance bonds must be an insurance com- pany or surety company licen- sed by the State of California. The companies must also have a current general policy holder's rating of A or better; and a financial category of at least Class X as per the latest edition of Best's Rey Bating Guide (Property- Liability). In accordance with the provisions of Article 2, Chap- ter 1, Part 7 of the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be per. formed for each craft, classification, or type of work. man or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sec. tions 1770 -1781 inclusive). 'The contractor• shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from (he Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Publish: March 16, 1978 in the Newport Harbor Ensign. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, 1 )j` ss. County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circulation, printed and pub- lished weekly in the city of Newport Beach, County of Or- ange, and which newspaper has been adjudged a news- paper of general circulation by the Superior Court of the County of Orange, State of California, under the date of May 19, 1951, CASE ' -NUMBER A -20178 that the notice, of which the annexed is a printed copy (set. in type not smaller than nonpareil). has been published in each regular and en- tire issue of said newspaper and not in any supplement thereof on the following dates to-wit: Feb. ib, iy78 ..... _...... _... _.- .._... ...... .. . ..... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this 16 day of Feb, 19 78 Signature Mso 2721 E. Coast Hwy., Corona del Mar)',�Palifornia 92625. This space is for the County Clerk's Filing Stamp PUBLIC NOTICE 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 2:30 A p.m. on the 2nd day of March, 1978, at which time they will be opened and red, for per- Proof of Publication of IMU M���?�� . h forming work as follows: BALBOA ISLAND BULKHEAD COPING REPAIR CONTRACT NO. 1860 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 ac- companied 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 out- side of the envelope con- taining the bid. The contract documents that 'must be completed, executed, and returned in the sealed bid are: A. Proposal B. - Designation of Sub contractors �j Biddw's Bond 1N Non -collusion Affidavit d Statement of Financial Responsibility F. Technical Ability and Ex- perience References I PROOF OF PUBLICATION Paste Clipping of Notice SECURELY In This Space These documents shall be affixed with the signature and titles of the persona signing on behalf of the bidder. For cor- porations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required and the Corporate Seal shall be af. fixed to all documents requiring signatures. In the case of a Partnership, 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 li- cense number and classifi- cation in the proposal. One set of plans and con - I tract documents, including special provisions, may be ob- tained 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. The City has adopted the Standard Specifications for Public Works Construction (1976 Edition) as prepared by the Southern California Chap- ters of the American Public Works Association and the Associated General Con- tractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Stan- dard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5 per set. A standard "Certificate of Insurance for Contract Work" form has been adopted by the City of Newport Beach. This form is the only certificate of insurance acceptable to the City. the successful low bid - der. will be required to com- plete this form upon award of the contract. (A sample form is attached for reference.) For any required bonds, the company issuing bid bonds, labor and material bonds, and faithful performance bonds most be an insurance com- pany or surety company licen- sed by the State of California. The companies most also have a current general policy holder's rating of A or better; and a financial category of at least Class X as per the latest edition of Best's Key Bating Guide (Property- Liability). In accordance with the provisions of Article 2, Cbap- ter 1, Part 7 of the California Labor Code (Section 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be per- formed for each craft, classification, or type of work- man or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sec- tions 1770 -1781 inclusive). The contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Publish: Feb. 16, 1978 in The Newport Ensign. /Xv MAR 13 1978 FEB 13 COUNCIL ClTr pf c'p*paii Nc'� February 13, 1978 By 4ho CITY COUNCIL CITY COUNCIL AGENDA CITY OF MiWPORT MACH CITY N0. H -9 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR (C -1860) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 2:30 p.m., March 2, 1978. DISCUSSION: �i. This project provides for the reconstruction of a portion of the deteriorated reinforced concrete bulkhead copings along the Grand Canal (see attached sketch). This is phase I of a proposed 3 -phase project to repair the copings along the canal using the air -blown gunite technique. Adjustment and reconstruction of existing platforms and piers is the responsibility of the adjoining property owners. A letter (copy attached) has been sent to the property owners apprising them of their responsibility. The plans and specifications were prepared by the City. The engineer's estimate is $62,000. (Funds are available in Acct. No. 02- 4197 -136.) The estimated date of completion is May 13, 1978. oseph Devlin ublic T. rks Director id Att. l.L. 9.0 .M «N/ AvE. Me I —� F COP ING I E W100,0271 A94 y /o L A N CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 794L,60R /.fLRNIO. CO-RIM :G . /9ZL- 78 _ Z. DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. EXNIB/T ///A// D aXRSri*✓b 6X /Srl&6- , L/*, DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. EXNIB/T ///A// CITY OF NEWPORT BEACH CALIFORNIA January 26, 1978 Property Owner Dear Property Owner: City Hall 3300 W. Newport Blvd. Area Code 714 640 -2281 The City is currently preparing the plans for reconstructing the coping with gunite concrete on both sides of the Grand Canal from the South Speedway to a point approximately 100 feet north of the Park Avenue Bridge. Also included is the repair of 90 feet of coping on the South Bay Front on Little Balboa Island, and 60 feet on Balboa Island. The extent of the work is shown on the attached sketch. The remaining work on the Grand Canal is planned for 1979 and 1980. All of the existing platforms or piers now attached to the bulkhead will have to be removed to allow the City's contractor to perform the recon- struction of the coping. It is the property owners' responsibility to remove and replace the platforms and to make arrangements for temporary relocation of boats. The replacement must be in accordance with the City's Standard Drawing Nos. 602 -L and 603 -L (copies attached). We will mail you a notice 30 days prior to the start of work asking that you arrange for the removal of your platform. If the platform is not removed, the City's contractor will remove it and place any salvageable material on your property if you so desire. Because of concern over the stability of the wall, the revised City Standard Nos. 602 -L and 603 -L do not allow the cantilevered platform to be attached to the bulkhead. The replaced plat- forms are to be free - standing structures with no direct connection to the new coping. The work is scheduled to start in March 1978, with completion in June 1978. We will make every effort to assist you in coordinating this project with your pier reconstruction. Please feel free to call our Project Manager, Mr. Steve Bucknam Jr., or me at 640 -2281. Joseph T, -. Devlin Public 40 ks in CSB:do cc: Marine Safety Director Att. A I �?w� I 4r& D2/ � % � f -O" MQX. -� "r• PL A N Cr /gT. tear NO TES' 1, d!/CW0,P1&a 70 Bf/LL�HE�10 /9 &a?- IdZI&C lov. 2, 4a L!/MBEP SF/dLL 6E COC /- 97-21-1C7 -1,0V G.PDOE S¢$ �, WOL Md,!/ /ZEO OB 2E06Y00,0 3. diG HD20fYDBESf/dLG BE o',V7- O /OPEO GdL 1�d l//ZEO. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRA ND CA NA L - PL A %FORM AND STEPS TYPE I sr XQ - EL. 9.GbM.L.Z.A! TOP 44- COP /.C/G e I I SECT /ON'A -A .CW,v 4WV Z5, /978 DATE &V//,-/7-7<9 PUBLIC WORKS DIRE. R.E. NO. DRAWING NO.ZP /(/,- ePEJZ- 5. t r A --' EX /9'T. CO.C/C. COQ /.C/o • :: ' : � •�.M� ! -�i•�: -ice :Y. •�ri ��•• --+.N� • � =Y ter'._ �-. �-! � t- �(a - Af.'Ja � ,-Aff) L■ (4 RAW. o•m ) PL A N 3 /S.. _ /: e " 2 " OECK 9P4CE0 -?/B" &We. ZX6� c'2oss -Q :Y4 2BOW000 OE C2E090TE0 BELOW 9O�110 L /C/E E . VAT /ON SECTION A -A ELEI/ 9.0 M. L. Z. Al --) �TOG_OF CD,o %t/G) EX /ST. SGd/O L - - -- NOTES. 1. 4i/CH04� //t/G TO BULL -HEGO IS ,vor accawEo 8. 4L L L 6fll1L L BE 041" G240E S4 $ � GYOL�Y/,4R/ /2E0 02 ,2E0!?"G170. 3. ALL N.gQOW4QE 5'H4GL BE NOT O /PPEO GpL lips[/ /ZEO- 4. S%!J/.PSE�C�OSSBP�IC /!/G OoT /OC/QG. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL - PL A TFORM AND STEPS TYPE IT DRAWN oY I'J. DATE �4U/�/' %7' APPROVE PUBLIC WORKS DIRE -Ofj /� ,R..E. NO. �3, DRAWING— O.STD--V A1-"'L• TO: CITY COUNCIL FROM: Public Works Department January 23, 1978 STUDY SESSION AGENDA ITEM NO. 7 SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR ON THE GRAND CANAL (C -1860) RECOMMENDATION: Approve the revised drawings providing for a free - standing platform with no direct connections to the Grand Canal coping. DISCUSSION: Included in the current year's budget is a $70,000 project to reconstruct a portion of the deteriorated reinforced concrete bulk- head coping along the Grand Canal (see Exhibit "A" attached). In 1976 a pilot project was completed which repaired approximately 220 feet of the coping using air -blown gunite mortar. This project is Phase I of a 3 -phase program to repair the remaining coping along the canal using the air -blown gunite technique. Within the proposed project area, 29 existing platforms or piers are attached to the existing coping. These platforms or piers must be removed in order to accomplish the work. All of the platforms were constructed by the adjoining property owners under a Harbor Per- mit. Attached is a letter for the Council's review which informs the property owners of the work and of their responsibility to remove the existing platforms prior to reconstruction of the copings. The letter also states that the platforms are to be reconstructed in accordance with revised City Standard Drawing Nos. 602 -L and 603 -L (copies at- tached). The revised drawings provide that the replaced platforms are to be free standing and not attached to the existing wall. It is anticipated that there may be some opposition to the platform recon- struction work requested of the property owners. The project is maintenance and a Coastal Zone Permit is not required. It is categorically exempt under CEQA and a clearance has been obtained from the Regional Water Quality Control Board. The work is scheduled to start in March 1978 with completion in June 1978. The plans were prepared by the Public Works Department. Joseph T evlin Public Wo s Director ,JSB: jd Att. NOR .Ti/ W Y. kQ hi IJI zsei 0-7- /W ~ flow y Qi L Ilk Ili lz IVIE W�colle 71 Ic L 14 A/ CITY OF NEWPORT 0 LJ 4 vE. LL 94 Y /94,Z f904 ISZQNV COOIN6� 191flo,91A (C--/(9.60) 1.977-78 i JI( kLm ,Z-/. F�o 141l"W N 75. DRAWN 2-0- DATE f-11- APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. coplIvG 0 LJ 4 vE. LL 94 Y /94,Z f904 ISZQNV COOIN6� 191flo,91A (C--/(9.60) 1.977-78 i JI( kLm ,Z-/. F�o 141l"W N 75. DRAWN 2-0- DATE f-11- APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. N 75. DRAWN 2-0- DATE f-11- APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. 3, CITY OF NEWPORT BEACH CALIFORNIA Property Owner Dear Property Owner: City Hall 3300 W. Newport Blvd. Area Code 714 640 -2281 The City is currently preparing the plans for reconstructing the coping with gunite concrete on both sides of the Grand Canal from the South Speedway to a point approximately 100 feet north of the Park Avenue Bridge. Also included is the repair of 90 feet of coping on the South Say Front on Little Balboa Island, and 60 feet on Balboa Island. The extent of the work is shown on the attached sketch. The remaining work on the Grand Canal is planned for 1979 and 1980. All of the existing platforms or piers now attached to the bulkhead will have to be removed to allow the City's contractor to perform the recon- struction of the coping. It is the property owners' responsibility to remove and replace the platforms and to make arrangements for temporary relocation of boats. The replacement must be in accordance with the City's Standard Drawing Nos. 602 -L and 603 -L (copies attached). We will mail you a notice 30 days prior to the start of work asking that you arrange for the removal of your platform. If the platform is not removed, the City's contractor will remove it and place any salvageable material on your property if you so desire. Because of concern over the stability of the wall, the revised City Standard Nos. 602 -L and 603 -L do not allow the cantilevered platform to be attached to the bulkhead. The replaced plat- forms are to be free - standing structures with no direct connection to the new coping. The work is scheduled to We will make every effor t your pier reconstruction. Mr. Steve Bucknam Jr., o Joseph T. Devlin Public Works Director start in March 1978, with completion in June 1978. to assist you in coordinating this project with Please feel free to call our Project Manager, r me at 640 -2281. CSB:do cc: Marine Safety Director a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CA NA L - PL A TFO RAI AND STEPS 7Y jPL-- X DRAWN .-- DATE /J,U- APPHUVt�L), PUBLIC WORKS DIRE70,R R.E NO."L- DRAWING NO,ST19-1602-1- A A EL A N 9. CVW. Z. Z. A! .1 Ir 4-L E VA T10 Al SEC 7'10N A -A NOTES.' 0 97-,a7,-'1r7-1C7V 49-0-1fZ7kF S45, wo41w4v1zls47 Ole -z7lErlwoc7-/17. 3. DILL A/DPO/ Z,05 9A��ll Z ' E HOT lollcllc7e.o CDL vlfv12E0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CA NA L - PL A TFO RAI AND STEPS 7Y jPL-- X DRAWN .-- DATE /J,U- APPHUVt�L), PUBLIC WORKS DIRE70,R R.E NO."L- DRAWING NO,ST19-1602-1- M H H l9 (9�i3 �xa6e 4)y O m/ � e� r PLAN CE�OSB (OPT /O.L/D, ELEY. 9.0 /w..L•L.W. (TOP OF CDP/ C/6 ) exler ELEVATION �'' - = -_ -- NOTES 1. 4l/C/!OQ /ii/G TO BUL.L�h'EGO /S �fIOT lJLL OfYE'O• �. lJLL L Ui14BEl? SHALL BE CO.U- ST.eC/CT /OTC! 6'2QOE S48� GYOL/Y/LI/L/ /ZOO 02 .2EdGl'000. 3. GLL N•4Qd!'✓GQF 9f/GLG BE />OT y 4 O /PF�EO G�GI�GI C/ /ZEO• SECTION A -A II ilia.: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL - PLATFORM AND STEPS TYPE -7T -DRAWN_�6�_f1 DATE '•'_�/! /� /d�i:; APPROVEb ` PUE 1-IC WORKS DIRE 03 //•�ryry R.C. NO. DRAWING-- 10.S TlJ. -;: Oj-/,• 2 " OEC K S,D�7CEO 9 /g" iY/GX. C.2DS5 BBDC /.c/6 "QEOWODO Q X¢ OB CL�EOSOrEO BELOW 9D.uv G /.c/E CE�OSB (OPT /O.L/D, ELEY. 9.0 /w..L•L.W. (TOP OF CDP/ C/6 ) exler ELEVATION �'' - = -_ -- NOTES 1. 4l/C/!OQ /ii/G TO BUL.L�h'EGO /S �fIOT lJLL OfYE'O• �. lJLL L Ui14BEl? SHALL BE CO.U- ST.eC/CT /OTC! 6'2QOE S48� GYOL/Y/LI/L/ /ZOO 02 .2EdGl'000. 3. GLL N•4Qd!'✓GQF 9f/GLG BE />OT y 4 O /PF�EO G�GI�GI C/ /ZEO• SECTION A -A II ilia.: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL - PLATFORM AND STEPS TYPE -7T -DRAWN_�6�_f1 DATE '•'_�/! /� /d�i:; APPROVEb ` PUE 1-IC WORKS DIRE 03 //•�ryry R.C. NO. DRAWING-- 10.S TlJ. -;: Oj-/,• N 0 LL (I1 ATTORNEY OR PARTY wl THOUT ATTORNEY ( ;, E AND ADDRESS) TELEPnONE NJ BEAM, DiCARO & D'ANTONY 888 No. Main St. Suite 700 Santa Ana, California ATTORNEY FOR (Name) plaintiff Insert name of court . judicial district or branch court it any and post office and street aaeress SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE PLAINTIFF ERNIE REASON, JR. DEFENDANT CHARLES BAKER, et al., FOR COURT USE ONLY ,..V� SUBQ��A �Y {DUCES TECUM O COURT =DEPOSITION CASE NUMBER = OTHER (Specify): 31 63 25 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (Name) CUSTODIAN OF RECORDS CITY OF NEWPORT 1. Unless you make a special agreement with the person requesting ;nts s:.cpena (See item 5). (Public W6Y"R- HDept. ) YOU ARE ORDERED TO APPEAR in this action as follows "RECORDS ONLY* a. Date -. Time. = Dept.- Div.: Q Room: November 26, 1979 10:00 a.m. b. Address: 888 No. Main St., Suite 700 Santa Ana, California c.)M and you are ordered to produce the records described to the accompanying affidavit. RECORDS ONLY 2. a. U You are ordered to appear in person. b. [�:l You are not required to appear in person it you comply wltYh Evidence Code sections 1560 and 1561. 3. (_j The personal attendance of the custodian or other qualified witness and the production of the original records is required by this subpena The procedure authorized pursuant to sections 1560(b), 1561 and 1562 of the Evidence Code will not be deemed sufficient compliance with this subpena. 4. El You are ordered to appear in your capacity as a peace officer or other person described in Government Code section 68097.1. (Item 6 must be endorsed by the clerk of the court.) 5. CONTACT THE ATTORNEY REQUESTING THIS SUBPENA, LISTED ABOVE, OR THE PERSON WHOSE NAME APPEARS BELOW, BEFORE THE DATE ON WHICH YOU ARE REQUIRED TO APPEAR, IFYOU HAVE ANY QUESTION ABOUT THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED. a. Name: Timothy J. Stafford b. Telephone No,: 558 -3944 DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. (SEAL) Form Adopted Dy Rule 982 Judicial Council of California Dated LEE A. BRANCH, Clerk Cnunry Clerk mid Ckrk of the Supenur Coud of 111e Sul, w Caelomu, , and fo, tee Coonay of donge 6. Endorsed for service in a civil matter on a peace officer or other person described in Government Code section 68097.1. Dated: Clerk, By , Deputy reverse C11 CCP PROOF OF SERVICE OF SUBPENA 1. 1 served a copy of this ILI subpena subpena duces tecum and affidavit in support thereof, personally upon each of the following persons: a. Person served (Name): (1) Address: (2) Date and time of delivery: .(3) U Fees paid $- (4) Fees for service $. b. Person served (Name): (1) Address'. (2) Date and time of delivery: (3) L-J Fees paid S —. (4) Fees for service c. Person served (Name): (1) Address: (2) Date and time of delivery: (3) = Fees paid S.__ (4) Fees for service S —_ d. Person served (Name): (1) Address: (2) Date and time of delivery: (3) = Fees paid S.. ..............---- (4) Fees for service $.... .. — _._... _. —_ 2. 1 received this subpena on (Date): 3. Person serving C] Fees not demanded 0 Fees not demanded Q Fees not demanded n Fees not demanded a, Not a registered California process server, e. Name, address and telephone number, and if apph b. Registered California process server. cable, county of registration and number. c. Exempt front registration under Bus. 8 Prof. Code 22356(b). d. California sheriff, marshal, or constable. I declare under penalty of perjury that the foregoing is (For California sheriff, marshal, or constable use only) true and correct and that this declaration is executed on I certify that the foregoing is true and correct and that (Dale) :. . . . . . . . . . . . . . . . . . . . this certificate is executed on (Date):. . . . . . . . at (Place): . . . . . . . . . . . . . . . . . . . at (Place): . . . . . . . . . . . . . . . California. California. (signature) A declaration under penalty of perjury must be signed in California or in a state that authorizes use of a declaration in place of an affidavit. otherwise an affidavit is required. 1 C ATTORNEY OR PARTY WITHOUT ATTORNEY (N-.nE AND ADDRESS( TELEPHONE NO FOR COURT USE ONLY BEAM, DiCARO & D'ANTONY 558 -3944 888 No. Main St., Suite 700 Santa Ana, California ATTORNEY FOR (Name) Plaintiff Insert name of court, lud¢iat dpstnct or branch court. J any, and post office and street address SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE PLAINTIFF ERNIE REASON, JR. DEFENDANT CASE NUMBER' CHARLES BAKER, et al. 31 63 25 DECLARATION FOR SUBPOENA DUCES TECU\1 To DEPOSITION STATE OF CALIFORNIA, COUNTY OF ORANGE; The undersigned states: That he is attorney of record for Plaintiff /:QXfjglDeADd in the above entitled action; that the deposition of Custodian of Records City of Newport Beach is noticed for hearing before William H. Burgess. C.S.R. at 10:00 o'clock A \I., in room No. 700 888 No. Main rStreet City of Santa Ana County of Orange ., State of California, on the 26 day of November , 19--3-9 ••. ..• • ;- • It, • WOMWIWOTOW has in his possession or under his control the following documents: (Designate and name for exact rhings to be produced) Complete construction project file for Balboa Island Coping Repair C -1860 and all daily inspection reports of said project. Public Works Department. That said books, pnpers, and documents or other things are material to the proper presentation of his case, and good cause exists for their production by reason of the following facts: Said materials are necessary to the discovery and evaluation of this lawsuit and are unobtainable from any other source. 1 declare under penalty of perjury that the lore going is true and correct 79 , of ,c4tntaAna , California. Timothy J. Sta.ttord CITY OF NEWPORT BEACH iary 22, 1979 Ernie Reason, Jr 22091 Susan Lane Huntington Beach, CA 92646 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Surety Balboa Insurance Company Bond No. L05- 025977 Contract No.: 1860 Project Balboa Island Bulkhead Coping Repair The City Council on December 20, 1978 accepted the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. Notice of Completion was filed with the Orange County Recorder on December 29, 1978 in Book No. 12984, Page 1658. Please notify your surety company that bonds may be released 35 days after recording date. DORIS GEORGE City Clerk DG:ct cc: Public Works Department M \ City Hall 3300 Newport Boulevard, Newport Beach, California 92663 EWPO CITY OF NEWPORT BEACH RECEIPT 0 Bin NEWPORT BEACH, CALIFORNIA 92663 No. 07469 y 9 onrE � RECEIVED FF �� •�/ ✓�- ✓L- L�•LE� )/ � !�E�'G� 6L-L �C7� y FOR: l ACC011 NT NO ACCOUNT NO. - -��- OEPARTM ENT BY_��i/p_B` I2ECOtialYG REQUL=6iJ1 'r jQBzt— it P P'?,n.F� C'` ' ;i�$'.7,ND. MAIL IQ RECORDED IN OFFICIAL RECORDS OF ORANGE, COUNTY, CALIFORNJA c, 45 MS. 4 P.M. DEC MOW, P.St LEE A. BRANCH, County Recorder NOTICE OF COMPLETION F /,FAAPT C12 PUBLIC WORKS 'Io All Laborers and Material Men and to Every Other Person Interested: YOU WII..L PLEASE TAKE. NOTICE that on November 6, 1978 the Public Works project consisting of Balboa Island Bulkhead Coping Repair on which Ernie Reason Jr. was the contractor, and Balboa Insurance Company was the surety, was completed. CI OF NEW'PqRT BEACH / t PuUlic Works Director VERIFICATION I, the undersigned, say: I amthe 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 December 21, 1978 at Newport Beach, California. n lui , irector (Acting) VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on December 20, 1978 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 21, 1978 at Newport B\/each, California. i . i �\ ear GA��E• .�C i I CITY OF NEWPORT BEACH CALIFORNIA. City Hall e5- 3300 W. Newport Blvd 640 -2251 Date: December 21, 1978 Lee A. Branch County Recorder P. 0. Box 238 Santa Ana, California 92702 Attached for recordation is Notice of Completion of Public E Works project consisting of Balboa Island Bulkhead Coping Repair Contract No. 1860 on which Ernie Reason Jr. was the Contmctor and Balboa Insurance Company Was the surety. Please record and return to us. Very trul yours, Dr�Geora City Clerk City of Newport Beach Encl. 1 4.J RECORDING REQUESTED BY WHEN RECORDED MAIL TO F Name r1?. -* ;rit 1TT" Street 15 LC..,:R A'.'i ?. Address City& "'i_)YPAMA, CA. .09'135 LState I The undersigned (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MECHANIC'S LIEN `?Air- - ?R 3'•.I?TrPt; (Name of person or firm claiming mechanic's lien. Contractors use name exactly as it appears on contractor's license.) claims a mechanic's lien upon the following described real property: claimant, pt RI 9h,A ^,tr C,`A:,'.i= City of —. .... _ , County of __— , California, 9AL,90.n T` T, T 3r1T.: {Tt..gi) CCPI \: n:1PATP, "!'' ?T9An,p n (General description of property where the work or materials were furnished. A street address is sufficient, but if possible, use both street address and legal description.) t;gi::11T_, u'•':{ 0 — -i� ,AC'*':, A. The sum of $ __ 1 1 on together with interest thereon at the rate of (Amount of claim due and unpaid.) (See note on reverse) percent per annum from —T" Ty ,7 _ 19 TQ, is due claimant (after deducting all just credits and offsets) for (Date when balance became due.) the following work and material furnished by claimant: °';•ITT RT!: '-tt"VrTA[, Aa'n TA 90 R. (Insert general description of the work or materials furnished.) Claimant furnished the work and materials at the request of, or under contract, with, `"•t T " '?" A SO-9 .1.3....�_ (Name of person or firm who ordered or contracted for the work or materials.) The owners and reputed owners of the property are: ...____.. Ir of real property. This can be obtained from the County Recorder or by checking the building permit application at the Building Department.) Firm Name RAK ?R._i1T''T -'' SEE REVERSE SIDE FOR ( See instructions on back for proper signing.) COMPLETE INSTRUCTIONS ✓�7 ISignature of claimant or authorized agent.) VERIFICATION I, the undersigned, say: I am the _ .__._..._ the claimant of the foregoing Date /6)— ('3 -7 � ( "President of', "Manager of ", "A partner of', "Owner of ", etc.) eoY�ts C ^9? IMchanic's lien; I have read said claim of mechanic's lien and know the contents thereof; the same is true of my own knowledge. ❑ 12SOr ❑ ,,, :::;:ur I declare under penalty of perjury that the foregoing is true and correct. r,,9: i 7 (..fA A ? ;v ]ircr.'or Executed on _...�� F_ 19 —, at � __.__— ,California. ❑ F.: CImcler (Date of signature.) (City where signed.) ❑ Cr . ❑ Coa:lc.:;Txn (Personal signature of the individual who is swearing that the contents of the claim of mechanics lien are true.) WOLCOTTS FORM - MECHANIC'S LIEN 1 D24 - REV. 1 -73 N is 1 DO NOT RECORD INFORMATION ABOUT MECHANICS' LIENS A mechanic's lien must be recorded within 90 days after the com- pletion of the work of improvement as a whole unless the owner re- cords a notice of completion. If a notice of completion is recorded, the mechanic's lien must be recorded within 30 days thereafter unless the claimant Is a general contractor orspecialty contractor who contracted directly with the owner; in which case the mechanic's lien must be recorded within 60 days after the notice of completion was recorded. A mechanic's lien expires unless a foreclosure suit is filed within 90 days afterthe lien was recorded. The Mechanic's Lien Law is frequently amended. If you have any question as to procedure, see your attorney. These are the basic time periods. For an explanation of variations on these time periods, and a full explanation of the Mechanic's Lien Law, see Chapter 9 of California Construction Law Manual. RECORDING INFORMATION The mechanic's lien must be recorded in the county where the job is located. The current fee for recording one page is $3.00, plus $1.00 for each additional page or fraction thereof. However, this price is subject to change and should be checked with the County Recorder's office, since the recorder will not record a document unless it is ac- companied by the correct fee. INTEREST RATES To establish the proper interest rate to be charged on the unpaid balance look to the contract provisions. If the contract does not specify the rate, or if the contract is oral,the legal rate of interest is 7% per annum. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature: If the claimant is a corporation, an officer or managing employee should sign. If the claimant is a partner- ship, a partnership, a partner or managing employee should sign. If the firm is a sole proprietorship, whether or not doing business under a fictitious name, the owner of the business or a managing employee should sign. See example: CORPORATION Firm Name JOHNSON n ELECTRIC CCA�L CO., INC. PARTNERSHIP Firm Nam JOHNSON ELECTRICAL CO. By v SOLE PROPRIETORSHIP (Fictitious Name) Firm Name.. SPEEDY ELECTRICAL CO. ' By ���a -�'J ...cam✓ _.. SOLE PROPRIETORSHIP (Own Name) Firm Name SID JOHNSON ELECTRIC 'C-O /. By Verification: This is a declaration under penalty of perjury. If it is signed in the State of California, it does not have to be notarized. However, to be valid, the verification must contain the date, the city where signed, and the signature. See above for example. This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changes proper to your transaction. Consult a lawyer if you doubt the form's fitness for your purpose. MR 1< AW STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS ' , -„ +,Name of cx,oer, construction lender or public e!fmerl loo '`,i':. PO° T., r :,.;r;.n1 �. ?ArT7 i;A a ?(�r',9 HOLDER OF FUNDS. (Address of comer c ccnstiucticn lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant. q .;;; �•ItLIjT 1KCLf? Uzi;: . ,� A oo0c IrA 1A ,,A 92 135 _ .. __.. ..._ —. ._... -- . .. (Name and address) has furnished c nKft " —f " - -_P "�1 P T, A',T LA 80= (labi services, equipment, materials) of the following kind_.— _ =,JF!TT"' TL' "'- '. -`fP A d:) T,A80R -- - -_ - -- !general description of labor, services, epuipreent or materials) — to or for ' P'1T -' '4 :nA �',0�7 L . Tf� • — %" A L "0_1T" ?AC TO fbr the work Improvement, located at, or known as: !name of person to or for whom furnished; -- :c;ALI0DA L`ZLA,:_� - 3TTT,R-Tf %AF) (]OrT "T^ 'FAIR, ''tT�TT�ACP f1�5o (address, legal description, description of site or project identification) A?1L�C;A T9!,A?1T`) 97A f" ,A, i�a�?�T[ ubttgA! V�hie�dC kh�) GN4[ tF' �g( e1C�PGYSa! dfirkeYni��il�i�h�d 'b�l9�irfaXf�Gs�$Kx The amount in value of that already done or furnished by claimant is u 11, c2no_ 00 Claimant has been paid the sum of $_ _r1- and there remains due and unpaid the sum of $ 1.1, Ron, 00 '7'' .Ttrr.Y ? 7R 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. vp: rd:P?3 1 10� Dated: " —.__107P STATE OF CALIFORNIA COUNTY OPS an Bernardino —1 ss. PAR 7� 4 sTt .T1 Eg . Name of P, imant 15442 �Ln "'?9. A. 70n:,TrANTTA, CA. 9'995 Address of Claimant Mar___P J. Baker _ ._ , being duly sworn, deposes and says: That she is the person(s) who signed the foregoing Stop Notice; that -she has read the same and knows the contents thereof to be true of her own knowledge, except as to any matters or things that may therein be stated on her information and belief and as to those matters and things she believes them to be true. r o /��)lc,�',t- ����- �C.,:'.. /�tC. •_mil - � -��?r i Subscribed and, orn to before me Sei2tember this 25 day of 19 78 . all }ary Public and in and for said State ql� 11 - ,y_ This standard form mven most usual problems in the field f icated. Befora you sign, read It, fill In all Mani STOP NOTICE and make changes proper to your transaction. Consult a lawyer if you doubt the form's fitness for your purpose. WOLCOTTS FORM S94—Rev. 2 -73 h < o'01 Ar r � �2 P1IA c 19x0 r o /��)lc,�',t- ����- �C.,:'.. /�tC. •_mil - � -��?r i Subscribed and, orn to before me Sei2tember this 25 day of 19 78 . all }ary Public and in and for said State ql� 11 - ,y_ This standard form mven most usual problems in the field f icated. Befora you sign, read It, fill In all Mani STOP NOTICE and make changes proper to your transaction. Consult a lawyer if you doubt the form's fitness for your purpose. WOLCOTTS FORM S94—Rev. 2 -73 ROO: CITY OF NEWPORT BEACH Date May 18, 1978 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 1860 Project Bal U a Ts —land Bulkhead Coping Repair Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Ernie Reason, Jr. Address: 22091 Susan Lane, Huntington Beach, 92646 Amount: $ 53,130.00 Effective Date: Mra:g 1 R t q7R Resolution No. 9326 Att. cc: Finance Department Q Al Doris Geo e City Hall • 3300 Newpot -t Boule%'ard, Newport Beach, California 92663 r a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR BALBOA ISLAND BULKHEAD COPING REPAIR Approved by t City Council this 13th day of March, 1978. oris George, City C rk 1977 -78 CONTRACT NO. 1860 SUBMITTED BY: FRNTF RFASi Contractor 22091 Susan Ln. Address Huntington Beach City 962 8475 Phone $53,130.00 Total Bid Price CITY CLERK Y CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS Page 1 SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 2:30 P.M. on the 6th day of April , 1978 , at which time they will be opened and read, for performing work as ollows: BALBOA ISLAND BULKHEAD COPING REPAIR CONTRACT NO. 1860 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 annt a C_s o_rporat-e Seal shall be affixed to all documents requiring signatures. In the case of a ar> 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 J 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. 1 (cont.) 0 0 Page .la The City has adopted the Standard S % fications for Public Works Construction (1976 Edition) as prepared by the Southern California Chapters of the rican 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 per set.. A standard "Certificate of Insurance for Contract Work" form has been adopted by the City of Newport Beach. This form is the only certificate of insurance accept- able to the City. The successful low bidder will be required to complete this form upon award of the contract. (A sample form is attached for reference.) 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 holder's rating of A or better; and a financial category of at least Class X 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 Director of Industrial Relations has ascer- tained 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. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. 0 4 -ez e 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. 310903 Classification A Accompanying this proposal is Bid Bond (Cash, Certified Check, Cas ier s Check or on 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. 962 8475 Phone NuZer 8id er s Name (SEAL) 4/5/78 Date Authoriz ign re -�horlzed Signature Individual 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: 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. Item of Work Subcontractor Address 1. Gunitp J A .1 Minitp Inc _ 15614 S_ Atlantic- Cnmptnn, CA 90921 2. 4. 5. 6. 7. S. 9. 10. 11. 12. Ernie Reason Jr. Bidders Name S/ Ernie Reason Authorized Signature Individual Type of Organization (Individual, Co- partnership or Corp.) 22091 Susan Ln. Huntington Beach. CA 92646 d dress a 0 0 "FOR ORIGINASEE CITY CLERK'S FILE COPY" Bond # L05- o21707 -3 SBG# 00303 008 40 0900 Page :4.' BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, Ernest D Reason Jr , as Principal, and Balboa Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 10% not to exceed % thnu -and and 001100 Dollars ($ 6000 ), 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 Ralhna Tcland Rulkhead Cnnina Repair Contract #1860 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 5th day of April , 1978 Corporate Seal (If Corporation) S /Ernie Reason Principal Ernest D. Reason, Jr. (Attach acknowled ement of Attorney -in- Fact}? Page . 5 NON- COLLUSION AFFIDAVIT '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 - went 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 5th day of April 19 78 My commission expires: August 18. 1981 S /Becky Kroll Notary Public S "FOR ORIaAL SEE CITY CLERK'S FILE COPY " * Page 6 I STATEMENT OF FINANCIAL RESPONSIBILITY Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he is the apparent low bidder. "On file with City Clerk" S /Ernie Reason 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. Pnnl ra(lair Anwntnwn rnmmnnit;! Center 1977 City of Paramount Bob Zabot 213- 531 -3503 • GOY ef Gja4 Berry Izeekton APS Libby Park Fountain 1977 ARS Enmtrurfinn Jack Parkwnnd 1 25 Meter ee 1977 City of e Dir,Public Works Repair 50 Meter Pool ud •.e Park 1976 City nf Camnn 1 • e ragstnict 50 Meter Pool Aan, e Park I S/ Ernie Reason -3i gne LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That Page 8 Doodf I.06 -M977 UW 0900 00303 008 40 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 24, 1978, has awarded to Ernie Reason, Jr. hereinafter designated as the "Principal ", a contract for . BALBOA ISLAND BULKHEAD COPING REPAIR, CONTRACT NO. 1860 in the City of Newport Beach, in strict conformity with the.Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other,supplies or teams used in, upon, for, or about the per- formance of the work agreed . to be done, or for any work or'labor done thereon of any kind, the Surety on this bond will pay the same.to the extent hereinafter set forth: NOW, THEREFORE, We 8rni� Reasoa..tr. as Principal, and MlhM h. :.ran.,. calom as Surety, are held firmly.bound unto the City of Newport Beach, in the sum of Dollars ($ sa_4fia nn ), said sum being one-half of the estimated amount payable by the City of Newport Beach under the terms of the contract, for which payment well and truly to be made we bind . ourselves; our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal.or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance -Code with respect to such work or labor, that the Surety or Sureties.will pay for the same, in an amount.not exceeding the sum specified In the bond, and also, in case suit is brought upon the bond; a reasonable attorney`s fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of: the State of California. This bond shall inure to the benefit of any and all per companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give•a right of action to them or their assigns in any suit brought upon 9 9 (Labor and Material Bond - Continued) 0. Page 9 this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the y6 day of Approved as to fhr m: Cit orn¢y itr)%; t.. a (Seal) Name of Contractor Principal orized Signat4re'and Title Authorized Signature and Title (Seal) Name o ure y Address_ f Sure Sign t i CtAyent, _ inn S. State Caller Blvd., Apa6a!a- , Address of Agent ` elephU a No.- of7Cgent Ll E r co c c I M � O � OI U� I C V�j V l v H! u: a! yi W �I al I o —v .t, l c �I Wl I vl i I 0 � ^ J =t ` l c � � O ti . J I F71 � �2numnonn �f M; - U! V b �j r R71 'y Q a 0 =Z Q 7, i Hat0OO 15 V) jW Q m¢ s O nc � dZOa � ;l r U r c '° �mnemmrormmwmarmn r.. Page 10 PERFORMANCE BOND Bond# L05- 025977 SBGi# 0900 00303 008 40 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS,.the City Council of the City of Newport Beach, State of California, by motion adopted April 24, 1978, has awarded to Ernie Reason, Jr. hereinafter designated as the "Principal ",.a contract for BALBOA ISLAND BULKHEAD COPING REPAIR, CONTRACT N0. 1860 in the City of Newport. Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk'of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; . NOW, THEREFORE, We, Ernie Reason. Jr. as Principal, and Balboa Insurance.g&%My As Surety, are held and firmly bound unto the City of Newport Beach, in the sum of FifCy Three Thoiand Ong Barred Thirty & nn/loo ........ ollars ($ s3_j3o_oo )+ said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which.payment well and truly to.be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that-if the.above bounden Principal, his or its heirs, executors, administrators,.successors, or assigns, shall in all things stand to and abide by, and well and truly keep and.perform the covenants, con- ditions, and agreements in the said contract and any alteration.thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein .specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated,.then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed, thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice • u • i Page 11 7 (Performance Bond - Continued) of any such change, extension.of time, alteraitions or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any suc?t-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 16 day of may 11 19 76 d Approved s to fo i t At rney i ECRU ft"M. Jr. (Seal) ie off Cctor (Principal) e Authorized Signature and Title Balboa Iaaavnzce Caspar Name of Surety 2900 W Bsoedra Loa AnSalas ddress.of Surety . Signature and Title of Authorized Agent .A. E. Lee Attm" is Fact 1717 S. State Callear Blvd.. Ansham Address of Agent (714) 634 -2126 Telephone No. of Agent 0 E t \ \ \\ ({~ -- �� o() \ / \0\ \� \ , §�r�R[ :� ! ;0a )� k/ ( \' / � \ . p \ � � \ I� ^ _@ � \ \\ \ ( \ \ \\ � \ \\ �\ \\ � ■� _ \ E \ k � � \ f � \ / ' « % \ � ■ � ■ �� k \ . \ f � Page 12 CONTRACT THIS AGREEMENT, made and entered into this day of 19 ? , by and between the CITY OF NEWPORT BEACH, California, hereinafter designated as the City, party of the first part, and UKIE REASON R _3 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 ;j to be made and performed by the City, the Contractor agrees with the City to furnish all { materials and labor for the construction of 1. BALBOA ISLAND BULKHEAD COPING REPAIR - CONTRACT NO. 1860 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 to be borne by the City;.and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay.and the Contractor shall receive in full compensation therefor 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. � ! 4 _ 'i. "^�4.1...i::_v,..lm t'- F .., -d_: =J �.,..i��.::u�'. v- mot"%.. ._ ..«UirSss.. � YS � .�.. n..,._ Page 13 i 5. Pursuant to the Labor Cod "f' :t State of,;California, the City Council has ascertained the general prevailing pert wages for each craft or type of workman needed to execute the contra - ie containing such information is included in the Notice Inviting Bids and' ._ rated by.reference herein. 6. The Contractor shall assume the defense of and`Indwify and save harmless the City, the Director of Public .Works, and their officers and employees, from all claims, doss, 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 causel,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. CITY OF NEWPORT BEACH, CALIFORNIA By: ayor ATTEST: t City Clerk e l— . v' Contractor (SEAL) By:�`r- By: Approv d as to�form: ,ty ttorne . O Gi vE`•- Title Title 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PR 1 of 1 BALBOA ISLAND BULKHEAD COPING REPAIR CONTRACT NO. 1860 p;I1 '01AIN To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 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 the work required to complete Contract No. C -1860 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE _ 1. L4991 Feet Repair existing bulkhead and coping with air placed concrete (gunite); including removal of deteriorated concrete, replacement of deteriorated reinforcing steel and any other miscellaneous work necessary to repair the bulkhead and coping complete in place. @ SIXTY NINE Dollars and 0 Cents $ 69.00 $ 53,130.00 Per Lineal Foot TOTAL PRICE WRITTEN IN WORDS: FIFTY THREE THOUSAND ONE HUNDRED THIRTY Dollars and NO Cents $ 53,130.00 CONTRACTOR'S LICENSE NO. A 310903 Bidder's Name DATE April 5. 1978 S Ernie Reason Authorized Signature ADDRESS 22091 Susan Ln Huntington Beach CA 92646 _ ki[XV004"11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR BALBOA ISLAND BULKHEAD COPING REPAIR CONTRACT NO. 1860 i Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . 1 II. QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . 1 III. EXAMINATION OF JOB SITE . . . . . . . . . . . . . . . . . . . 1 IV. COMPLETION AND SCHEDULE OF WORK . . . . . . . . . . . . . . . 1 V. TRAFFIC CONTROL AND MATERIAL STORAGE . . . . . . . . . 2 VI. PROJECT SITE MAINTENANCE . . . . . . . . . . . . . . . . . . 2 VII. OBSTRUCTIONS . . . . . . . . . . . I . . . . . . . . . . . . 3 VIII. NOTIFICATION OF RESIDENTS . . . . . . . . . . . . . . . . . . 3 IX. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X. CONSTRUCTION SURVEY . . . . . . . . . . . . . . . . . . . . . 3 XI. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 XII. PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 XIII. GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . . 3 XIV. REMOVAL OF EXISTING DOCKS . . . . . . . . . . . . . . . . . . 4 XV. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . 4 A. General . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Steel Replacement . . . . . . . . . . . . . . . . . . . 4 C. Concrete Replacement . . . . . . . . . . . . . . . . . 4 i 0 0 INDEX (cont'd) CONTRACT NO. 1860 Page D. Air - Placed Concrete Construction (Gunite) . . . . . . . . 4 1. General . . . . . . . . . . . . . . . . . . . . . . . 2. Mixing . . . . . . . . . . . . . . . . . . . . . . . 3. Consistency. . . . . . . . . . . . . . . . . . 4. Existing Concrete Surfaces . . . . . 5. Removal of Deteriorated Concrete and Sandblasting. . 6. Reinforcement. . . . . . . . . . . 7. Application to Vertical Surfaces . . . ... . . 8. Application to Horizontal Surfaces . . . . . . . 9. Thickness of Layers. . . . . . . . . . . . . . . 10. Recesses and Obstructions . . . . . . . . . . . . . . 11. Loose or Porous Air - Placed Concrete. . . . . . . . . 12. Curing . . . . . . . ... . . . . . . . . . . 13. Working Platforms . . . . . . . . . . . . . . . . . . XVI. COORDINATION WITH WORK BY OTHERS . . . . ii 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR • SP 1 of 6 BALBOA ISLAND BULKHEAD COPING REPAIR CONTRACT NO. 1860 I. SCOPE OF WORK The work under this contract consists of furnishing all labor, equipment, trans- portation, and material necessary to complete air - placed concrete (Gunite) repairs on the Balboa Island Grand Canal bulkhead coping, as shown on Drawing No.H- 5078 -S, complete and in place. The work shall be performed in accordance with the Standard Specifications of the City of Newport Beach, the Standard Special Provisions, and these Special Provisions. The City's Standard Specifications are the "Standard Specifications for Public Works Construction" (1976 Edition) and are available from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased from the Public Works Department at a cost of $5. II. QUALIFICATIONS OF BIDDERS Only bids from responsible bidders will be considered. To qualify as a respon- sible bidder, the contractor shall have a successful performance record in air - placed concrete (Gunite) construction and shall have successfully performed at least three projects of a similar kind in the last year. Bidders shall sub- mit with their bids, the name of the project superintendent who must be experienced in this type of work and a list of Gunite repair jobs successfully completed. III. EXAMINATION OF JOB SITE The contractor shall carefully examine the job site to evaluate and determine the extent and amount of work that will be necessary to accomplish the required repairs. IV. COMPLETION AND SCHEDULE OF WORK All work to be completed under this contract shall be completed within sixty (60) days after award of the contract by the City Council. The contractor shall prepare a written schedule of work incorporating the following requirement: 1. Twenty -two (22) consecutive calendar days will be allowed to construct the bulkhead coping repair in front of beach residences. SP2of6 • • In summary, the above requirement means that the contractor will be allowed a maximum of twenty -two (22) consecutive calendar days to complete all of the construction work in front of each residence. The period specified includes the time from the start of removals to the final finish of the coping repair and cleaning of the sidewalk. The contractor must employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that the contractor will not be able to meet this schedule, he will be prohibited from starting addi- tional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The contractor will be assessed $100.00 per day (including and holidays) liquidated damages for each day in excess of calendar days allowed for 100% completion of the construct each residence. Additional liquidated damages, as covered the Standard Specifications, shall be assessed for failure project within the overall time of completion. Saturdays, Sundays the 22 consecutive ion work in front of in Section 6 -9 of to complete the The intent of this section of the Special Provisions is to emphasize to the contractor the importance of prosecuting the construction in an orderly, pre - planned continuous fashion so as to minimize the time of construction in front of each residence. V. TRAFFIC CONTROL AND MATERIAL STORAGE The contractor shall provide traffic control (pedestrian and vehicular) in compliance with Section 7 -10 of the Standard Specifications. Locations for material and equipment storage shall be approved by the engineer prior to the start of construction. VI. PROJECT SITE MAINTENANCE The contractor shall provide project site maintenance in compliance with Sec- tion 7 -8 of the Standard Specifications. The contractor shall furnish and operai:e a self - loading motor sweeper to keep paved and sidewalk areas clean as directed by the engineer. Prior to starting removal operations and Gunite operations, the contractor shall place plastic sheeting on the sand at the base of the bulkhead. All debris and "re- bound" shall be kept out of the bay. • • SP3of6 VII. OBSTRUCTIONS The City will not undertake to keep the channel free of vessels or other obstruc- tions. The contractor shall be responsible for ensuring that boats moored to the bulkhead or docks are removed by their owners prior to the start of work in that area. The contractor shall notify the Orange County Sheriff - Coroner Department Harbor Patrol Bureau at 1901 Bayside Drive, Corona del Mar (telephone 834 -3803) 72 hours prior to starting work and shall keep said bureau apprised of work progress. VIII. NOTIFICATION TO RESIDENTS The City will mail a preliminary notice to all residences affected by this work. Between 40 and 55 hours prior to starting work in front of a particular resi- dence, the contractor shall distribute to each affected residence a written notice stating when construction operations will start and approximately when they will be completed. If vehicle access is to be disrupted, the notice shall also state when it 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 distribution, false starts, acts of God, strikes, or other alterations of the schedule will require renotification using an explanatory letter. This letter will also be prepared by the City and dis- tributed by the contractor. IX. PAYMENT Payment for all incidental items of work not separately provided for in this proposal shall be included in the unit price bid for the construction of Gunite coping repair and no additional compensation will be made. X. CONSTRUCTION SURVEY Field surveys for the control of construction shall be performed by the City. The City crew will require 48 -hour notice by the contractor. XI. WATER The contractor shall make his own provisions for obtaining and applying 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 purchase by contacting the City's Utility Superintendent, Mr. Jim Frost at (714) 640 -2221. XII. PERMITS All of the necessary permits will be obtained by the City of Newport Beach, except that the contractor shall have a valid City business license, prior to starting work. XIII. GUARANTEE The contractor shall guarantee for a period of three years after acceptance of the work by the City Council, all materials and all workmanship against any defects whatsoever. Any such defects shall be repaired at the contractor's expense. SP 4 of 6 • • XIV. REMOVAL OF EXISTING DOCKS Removal of existing docks to clear construction prior to the start of the contractor's work is the responsibility of the respective property owners. If the docks are not removed, the contractor shall remove all or a portion of the dock and place the salvaged material on the owners' property if they agree to accept it; if not, the material shall become the property of the contractor and shall be disposed of in a manner acceptable to the engineer. XV. CONSTRUCTION DETAILS A. General: Placement of Gunite shall conform to Method A of Section 303 -2 of the Standard Specifications except as modified herein. 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 by contacting Mr. Irwin Miller, Administrative Assistant at 640 -2128. There is no charge for this permit; its purpose is simply to provide authorization for the contractor to use Orange County landfill facilities for disposal of excess material. B. Steel Replacement: The main steel will be replaced only if it has deter- iorated more than 50% of its original cross - section, as determined by the engineer. Where reinforcement removal is required, the concrete shall be removed 18 inches beyond the join point and the existing square bars shall be replaced by round deformed bars that are of equivalent cross - sectional area as shown on the plans. In addition, the concrete removal shall extend behind the deteriorated bars to sound concrete, as determined by the engineer. The cost of steel replacement shall be included in the unit price bid for coping repair and no additional compensation will be made. Welding in lieu of splicing bars is permitted. C. Concrete Replacement: The cement used for concrete replacement shall be Portland cement Type II. No admixtures will be permitted. The contractor shall apply air- placed concrete to replace the concrete removed by the procedure specified in Section X V -D of these Special Provisions. Air - Placed Concrete Construction (Guni General: Air - placed concrete shall be a mixture of aggregate which is mixed dry, conveyed by ible tube, and applied pneumatically with immediately prior to its expulsion from a mechanism especially manufactured for the crete mortar pneumatically. Mixing: portland cement and fine air through a pipe or flex - clean water being added nozzle or other suitable purpose of applying con- The dry mixture shall consist of one part Portland cement to 32 parts fine aggregate, measured by either volume or weight. The fine aggre- gate shall be thoroughly dried and kept continually dry until mixing. 0 0 3. Consistency: SP5of6 The consistency of all air - placed concrete shall be such that it does not flow or sag when applied in one application to vertical surfaces in thicknesses as great as one inch. 4. Existing Concrete Surfaces: When air - placed concrete is applied against existing concrete surfaces or against hardened mortar, the entire surface to be covered shall be prepared after being thoroughly roughened. The surface shall be free from any coatings, laitance or other film which will prevent a good bond between the mortar and the existing surface. Immediately prior to shooting the mortar, the surface shall be sandblasted and thoroughly moistened with clean fresh water under pressure. 5. Removal of Deteriorated Concrete and Sandblasting: In repairing reinforced concrete structures, all disintegrated, cracked or loosened concrete shall be completely removed. All re- inforcing steel, whether corroded or only covered in spots, by adher- ing mortar, shall then be thoroughly sandblasted until a clean surface is obtained on all exposed sides of the steel. Additional reinforce- ment, as indicated on the plans or as required by the specifications, shall then be added and secured in a substantial manner. After this portion of the work has been inspected and accepted by the engineer, air - placed concrete shall be applied as herein described. 6. Reinforcement: The reinforcement for sections shall be of the size and type indicated on the plans. The welded wire fabric shall be galvanized. Rods shall be spliced with a minimum 18" lap. Wire mesh shall lap at least 6 inches and shall be thoroughly laced with galvanized annealed iron wire not less than No. 18 gauge. All steel reinforcement shall be placed so that three layers of reinforcing fabric will not occur over any area. 7. Application to Vertical Surfaces: In applying air - placed concrete to vertical or inclined surfaces, the operator shall stand sufficiently close to the work so that the mix- ture under properly regulated air pressure shall strike with sufficient force to become thoroughly compacted. His position, however, shall not be such that the force of the impact will cause an undue amount of aggregate to rebound or to blow or move away mortar that has just been deposited. 8. Application to Vertical Surfaces: In applying air - placed concrete to horizontal or nearly horizontal surfaces, the operator shall direct his nozzle in such a manner as to minimize the rebound as much as possible. SP6of6 . • 9. Thickness of Layers: Whenever practicable, as determined by the engineer, the air - placed concrete shall be applied in one coat for the full thickness of the section. The operator shall, however, regulate the rate at which the mortar is built up by working over an area of considerable extent, as determined by trial, so that the weight of succeeding applications of mortar will not cause the preceding ones to sag or pull away. 10. Recesses and Obstructions: Care shall be taken when applying air - placed concrete around pockets or accumulations of inert aggregate. In all cases where a smooth sur= face is not presented, the operator shall take several positions so as to completely fill all depressions, voids, and recesses with good mortar. Whenever a reinforcing bar or other obstruction is in such a position as to block the free and direct application of mortar to an area behind it, a temporary stop or partition of wood or rolled paper shall be placed between such obstruction and the surface behind it until mortar has been applied to one side thereof. Such temporary stop shall then be removed and mortar shall be applied from a new position so as to completely fill in behind the obstruction from the other side. 11. Loose or Porous Air - Placed Concrete: Any loose or porous air - placed concrete shall be removed immediately upon its formation, without waiting for its rejection by the engineer. No attemptsshall ever be made to correct or to cover up such defective work'by the additional applications or air - placed concrete, and such a procedure shall be cause for suspending operations and rejecting any portion of the work which is found defective in this respect. 12. Curing: The air - placed concrete surfaces shall, within one hour after being applied, be protected from sun and wind by a covering of plastic sealed at ends or other suitable material for at least 7 days. In lieu of the above, the air - placed concrete surfaces may be cured by the application of curing compound for a minimum period of 7 days. Not less than one gallon of curing compound shall be applied to each 100 square feet. 13. Working Platforms The contractor shall provide all scaffolding, staging, lift equipment and working platforms required for the repair work, and.the cost shall be included in the price bid for other work. No obstruction to vehicles or pedestrians will be permitted except as specified in Section V of these Special Provisions. Such scaffolding, staging, lift equipment and working platforms shall conform to the requirements of all State and local laws and regulations. XVI. COORDINATION WITH WORK BY OTHERS Another contractor will be working in the project area in the alley south of Park Avenue on both sides of and in the Grand Canal reconstructing a sewer for a period of approximately one month during this contract. The contractor shall coordinate his operations with the other contractor so as to minimize interference with his operations. &BOA INSURANCE COMPAN* 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 - GPA 1017 GENERAL POWER OF ATTORNEY NUMBER VALID ONLY IF IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and anoint of Anaheim and State of California its true and lawful Attorney(s) -in -Fad, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Contract bonclS (b.13.A. Guarantee A regiment/ - ZUU,000.UU; License Permit Bonds - Isce aneOUS - ; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its S r . V i r P P r a c i d a n t , and its corporate seal to be hereto affixed this 15th day of F e b r B a ry A.D., 19-LL. BALBOA INSURA COMPA By State of California County of Orange } ss.: On this I t h —day of February A.D., 19 f f , before me personally came J a c k M . T r app to me known, who, being by me duly sworn , did depose and say, that he resides in Mission V i e,i o, California that he is Sr. Vice Preside n t of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his named thereto by like order. .................................................. j- OF CIAL Sr AL z; J t ! L . 'ON Notary Public Aa is My Commission ... Expircs L�.y .. 1978 1, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under by hand and the seal of said Company, at Newport Beach, California, this 16 day of May , 191$. B29E672 \v\ Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR BALBOA ISLAND BULKHEAD COPING REPAIR Approved by Vp City Council this 13th day /of March, 1978. orD is George, ity rk 1977 -78 CONTRACT NO. 1860 SUBMITTED BY: , ,:L� RIUIE- .�E fo.0 Tit Contractor ZZO-�Y/ Julys/ Address City %& Z eY2.j Phone f3, 130..- Total Sid Price I� Page I 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 2:30 P.M. on the 6th day of April , 1978 , at which time they will be opened and read, for performing work as follows: BALBOA ISLAND BULKHEAD COPING REPAIR CONTRACT NO. 1860 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 ant the Cororatee 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.) :1 gg I S.. Page la The City has adopted the Standard S ecifications for Public Works Construction (1976 Edition) as prepared by the outhern Cali. ornia 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 per set. A standard "Certificate of Insurance for Contract Work" form has been adopted by the City of Newport Beach. This form is the only certificate of insurance accept- able to the City. The successful low bidder will be required to complete this form upon award of the contract. (A sample form is attached for reference.) 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 holder's rating of A or better; and a financial category of at least Class X 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 Director of Industrial Relations has ascer- tained 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. A copy of said determination is available in the office of the City Clerk.. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -1781 inclusive). The contractor shallbe responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. PR 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND BULKHEAD COPING REPAIR CONTRACT NO. 1860 PROPOSAL To the Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92663 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 the work required to complete Contract No. C -1860 in accordance with the Plans and Specifications, and will take in full payment therefor the following unit price for the work, complete in place, to wit: UNIT UNIT PRICE WRITTEN _IN_WORDS PRICE 1' Li Wl Feet Repair existing bulkhead and coping with air placed concrete (gunite); including removal of deteriorated concrete, replacement of deteriorated reinforcing steel and any other miscellaneous work necessary to repair the bulkhead and coping complete in place. @ JIX7 -Y IVIN6- Dollars and Cents Per Lineal Foot TOTAL PRICE WRITTEN IN WORDS: $ G 9; //ay 7_151ouJa�,o ouE y-. -o12FO Dollars and TNiz,— v Cents CONTRACTOR'S LICENSE NO. Iq J /oyo 3 DATE 41''P/C r, /2 2 B Z�_R dder's J o ,v ADDRESS rur,9,u &/_ .. jiuG�ti C��7g�h/, cy. TELEPHONE NO. %G 2 b' Y 2J- 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. 3/010 J Classification i f!_, Accompanying this proposal i , uasnler'S cnecK or in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - 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. 96 Z- OP, ;p r P one Number Da te Authorized Signature /,,U/J /U %/>Ul/L 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: 0 E DESIGNATION OF SUBCONTRACTORS 0 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. Item of Work Subcontractor Address l.�ru.0 /iE S25 S /,f6 1y -ra. AT49,c�7-1C 00117 VA C9, 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. z5/eN /F is E?�%JUN J Z Bidders Name Authorized Signature /.up /u/ p cJ,40FL Type of Organization (Individual, Co- partnership or Corp.) 2Zo 9/ .fur4/, rA,, ddress • • r is l Bond # L05- 021707 -3 SBG# *3 00$40. 0900 z- Page 4' BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, Ernest D. Beason, Jr. , as Principal, and Balboa Insurance Company as Surety, are held an tofirrmlly bound unto the City of Newport Beach, California, in the sum of 10% not Six thousand and 00 /loo Dollars ($ 6000 ), 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 Balboa Island Bulkhead Coping Repair Contract# 1860 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 5th day of April 19 78 Corporate Seal (If Corporation) Princ'pa t D. 0n, Jr. (Attach acknowledgement of Attorney -in -Fact) y i tz 71 tz \�� \�� / \ � t7' ZL o ED ` \ �� \\ CD ƒ {�\ co \ � \ \\ w . .. j, ■ 0 (D F— (D 0 29 v Ln (t \ \ B &OA INSURANCE COMPANY• 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 GPA 911 GENERAL POWER OF ATTORNEY NUMBER VALID ONLY IF IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint of Anaheim and State of C a l i f o r n i a its true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Lontract bonds kJ)g,H. Guarantee N reement) - �ZUU,000.UU; Icense ermit on s - 5 Miscellaneous - S50.000AU nds - and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its S r - V i r• P P r P c i d P n t and its corporate seal to be hereto affixed this 15th day of February A.D., i 9ZZ. BALBOA 1NSURA COMPA lr. By State of California County of Orange } ss.: On this I S t h day of February A.D., 19%7 , before me personally came J a c k M. T r d P P to me known, who, being by me duly sworn, did depose and say, that he resides in Mission V i e,i o. C a l i f o r n i a that he is Sr. Vice P r e s i d e n t of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his named thereto by like order. ... ...... /- OF CIAL Sr L �y ON Notary Public My Commission ExPires J� IY 9, 1978 1, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN und�rpb nd and the seal of said Company*Newport Beach, California, this 5th day of 19_. B29E672 O Secretary r ; • Page 5 NON- COLLUSION AFFIDAVIT 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. O CIIL2ft BECKY KROLL Morwr LW4 r�RlIN OR""OuwM R:7Cp11,ry MMYmiklim E,pi", Ong. J8, 19q Subscribed and sworn to before me. this ._ may of cJ , 19�. My commission expires: Notary Public 0 0 i Ah STATEMENT OF FINANCIAL RESPONSIBILITY Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24 hours after the bid opening if he j. is the apparent low bidder. Page 6 0 y e 0 ERNEST D. REASON COMPANY BALANCE SHEET AS OF MARCH 31,1978 ASSETS Cash 1p.1 2,458 Real Estate 8 Buildings 158,000 Notes Receivable 4,680 Accounts Receivable 53, 104 Inventory 6, 000 Automotive 8, 700 Furnishings 9, 650 Tools 9, 000 TOTAL $ 251, 512. LIABILITIES AND NET WORTH Accounts Payable $ 4, 784 Chattel Mortgages 105 , 000 Net Worth 141 , 728 TOTAL $ 251 . 512 R� lyp0, 01- CgG;c�FTCH i 9 0 TECHNICAL ABILITY AND EXPERIENCE REFERENCES 0 Page 7 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. 6a(- R6?41111 /�Oc✓N7awF- �oyiryu�- �T�- _cE� -T�+ 115,.99 Z 1loT �.?- JV /JfoJ - /'�oa u -rc -Nowt AiJ7114.,r- 16o/3_9.yic� - b67//'. /Oec /?, I C 6Y6JrB/ i /jJ Ca vr�Rucrio 727cjc f(gcc✓ea/5 6 JJJY7a` 2-T AiE�En 1�oa L /2E7'9jti xo Rse7jft— AOL /rj OA4,W A, 661w7)aur r J'v /c E-ray. P. oC G GEx . .rc,rT l�9jzK . 0 0 ;om r s N U ti W W N �NA�I �a,�OiMneia�n� �NI�RIIIIII�IN�I� �vemnnemi�mm� ��niwnnm�m�oiH �NIIIIIIIIIIIIIaNNI n�nNU�ni��nm� IIYIIIIIIIIIINIIIINIIIIII �nnumm�mm�ennnH �IOIIIIIIIIi1fl11�I11B�111R� U ti W W N 0 1 0 RESOLUTION No. 9326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO ERNIE REASON, JR. FOR BALBOA ISLAND COPING REPAIR, CONTRACT NO. 1860 WHEREAS, pursuant to the notice inviting bids for work in connection with the Balboa Island Bulkhead Coping Repair, in accordance with the plans and specifications hereto- fore adopted, bids were received on the 6th day of April, 1978, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is ERNIE REASON, JR. of Huntington Beach; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Ernie Reason, Jr. of Huntington Beach for the work in the amount of $53,130 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 24th ATTEST: City Clerk day of April , 1978. Mayor DDO /bc 4/21/78