HomeMy WebLinkAboutC-2185 - Balboa Island Bulkhead Coping Repair Phase IIIMarch 3, 1981
CITY OF NEWPORT BEACH
Dyno Construction Inc.
16731 East Arrow Highway
Azusa, Califoxnia 91702
OFFICE OF THE CITY CLERK
(714) 640 -2251
Subject: Surety : Convenant Mutual Insurance Company
Bonds No. : 011094
Project : Balboa Island Bulkhead Coping Repair, Phase III
Contract No. 2185
The City Council on January 26, 1981, accepted the work of subject
project and authorized the City Clerk to file a Notice of Completion
and to release the bonds 35 days after Notice of Completion has been
filed.
Notice of Completion was filed with the Orange County Recorder on
February 17, 1981 in Book No. 13950, Page 1784. Please notify your
surety company that the bonds may be released 35 days after recording
date.
IONDA E. ANDF52SEN
City Clerk
WA: da
cc: Public Works Department
City Mall • 3300 Newport Boulevard, Newport Beach, Cal11l0rnia 92663
p, EF.sE P.FTORN TO
CITY CLERK EX
CITY OF (dEVJ EXEMPT]
PORT F3EACIi E
3300 I1F11 _FORT C3O,jL1_W1,,RD 2
MEWPORT BEACH, CALIF. 92663 NOTICE OF COMPLETION
NO n1 ,RN+�E�JIfty PUBLIC WORKS
40K 13950PO 1784
OF
S MANGE CCUN7 I P
Pet 3 pM FEB 1? 1981
LEE A. BRANCH, County Recorder
I o All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on November 26, 1980
the Public Works project consisting of Balboa Island Bulkhead opmg epair
Phase II1 (C -2185)
on which Dvno Construction Inc., 16731 E. Arrow Hwy., Azausa. CA 91702
was the contracto a Abyrazenant Mutual Insurance Company _
was the surety comp -te
RGw"V��
s' ,may RK ,O CIT OF' NEWPORRTJ BFACIi
MAR 31981r
b goo eH 11 Public Works Director
VERIFICATION
N Imo.
I, the undersigned, say:
I am the Public Works Director of the City of Newport Beach; the foregoing
Notice of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 30, 1981 at Newport Beach, California.
K4
Pif5licJgorks Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on January 26, 1981 accepted the above described work as
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 30, 1981 at Newport Beach, California.
ze
City Clerk
0
4
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
January 30, 1981
Lee A. Branch
Count,? Recorder
P. O. Box 238
Santa Ana, California 92702
Attached for recordation is Notice of Completion of
Public Works projects consisting of Balboa Island
Coping Repair, Phase III (C -2185)
Contract N0.2185 on which Dyno Construction, Inc.
was the Contractor and Convenant Mutual Insurance Company
was the surety.
Please record and return to us.
Wanda E. Andersen
City Clerk
WEA:bf
attach.
jd e 4 d
By rn70L:, JkTYJCOQNCIL
A oF New
FROM: AN' WiNs Department
January 26, 1981
CITY COUNCI GENDA
ITEM NO. H ill
SUBJECT: ACCEPTANCE OF BALBOA ISLAND COPING REPAIR, PHASE III
(C -2185)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days
after Notice of Completion has been filed.
DISCUSSION:
The contract for the construction of the Balboa Island Coping
Repair, Phase III, has been completed to the satisfaction of the Public
Works Department.
The bid price was $69,280.10
Amount of unit price items constructed $70,691.10
Amount of change orders None
Total contract cost $70,691.10
Funds were budgeted in the General Fund.
The design engineering was performed by the Public Works
Department.
The contractor is Dyno Construction, Inc. of Azusa.
The contract date of completion was November 26, 1980. The
construction was completed on October 25, 1980. Acceptance has been
delayed pending final cleanup.
4, 1�11f
i
Benjamin B. Nolan
Public Works Director
GPD:jd
FJ
CITY OF NEWPORT BEACH
Date 'September 9, 1980
TO: Public Works Department
FROM: City Clerk
SUBJECT: Contract No. 2185
ProjectBalboa Island Bulkhead Coping Repair, Phase III
I
Attached is signed copy of subject contract for transmittal to the contractor.
Contractor: Dyno Construction, Inc.
Address: 16731 E. Arrow Hwy., Azusa, CA 91702
Amount: $ 69,280.10
Effective Date- September 9, 1980
Resolution No. 9852
Doris Geo e
Att.
cc: Finance Department [J
City IJall 3300 Newport Boulevard. Newport Beach, California 92663
CITY CLERK
i
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663 until 10:30 A.M.
on the 31st day of July 1980, at which time suc bi s
shall be opened and read for
BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III
Title of Project
2185
Contract No.
$90,000
Engineers Estimate
Approved by the City Council
this 14th d of July 1980.
Doris George
City Clerk
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport Boulevard,
Newport Beach, CA 92663.
For further information, call Gilbert Wong at 640 -2281.
Project Engineer
• PROPOSAL
BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III
Title of Project
2185
Contract No.
$90,000
Engineer's Estimate
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
Page 1
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro-
poses to furnish all materials and do all the work required to complete this Contract
in accordance with the Plans and Special Provisions, and will take in full payment therefor
the following unit price for the work, complete in place, to wit:
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1 982 Repair existing bulkhead and coping with air -
Lineal Feet placed concrete (gunite); including removal -
of deteriorated concrete, replacement of deteri-
orated reinforcing steel and any other miscellan-
eous work necessary to repair the bulkhead and
coping complete in place.
@ Seventy Dollars
and
fifty -five Cents $70.55 $69,280.10
Per Lineal Foot
TOTAL PRICE WRITTEN IN WORDS:
Sixty -Nine thousand Two Hundred Eighty Dollars
and
ten Cents $69,280.10
'384294 A Dyno Construction Inc.
Contractors Lic. No. & C assification Bidder
7/31/80 S /Richard Uribe, President
Date Authorized Signature /Title
16731 E. Arrow Hwy:, Azusa, CA 91702 (213).334 -0374
Bid er s dress Bidder's Telephone No.
Page 2
INSTRUCTIONS TO BIDDERS
The following contract documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
1. PROPOSAL
2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (sum not less than 10% of total bid price)
5. NON - COLLUSION AFFIDAVIT
6. STATEMENT OF FINANCIAL RESPONSIBILITY
7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less than 10% of
the total bid price) may be received in lieu of the Bidder's Bond. The title
of the project and the words SEALED BID shall be clearly marked on the outside
of the envelope containing the bid.
Bids shall not be received from bidders who are not licensed in accordance
with the provisions of Chapter 9, Division III of the Business and Professions'
Code. The low bidder shall also be required to possess a City of Newport Beach
business license prior to execution of contract.
Bids shall be submitted on the attached PROPOSAL. form. The additional
copy of the PROPOSAL form may be retained by the bidder for his records.
The estimated quantities indicated in the PROPOSAL are approximate, and are
given solely to allow the comparison of bid totals.
Bids are to be computed upon the estimated quantities indicated in the
PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis-
crepancy between wording and figures, bid wording shall prevail over bid figures.
In the event of error in the multiplication of estimated quantity by unit price,
the correct multiplication will be computed and the bids will be compared with
correctly multiplied totals. The City shall not be held responsible for bidder
errors or omissions in the PROPOSAL.
Contract documents shall bear signatures and titles of persons authorized
to sign on behalf of the bidder. For corporations, the signatures shall be of
the President or Vice President. For partnerships, the signatures shall be of
a general partner. For sole ownership, the signature shall be of the owner.
In accordance with the California Labor Code (Sections 1770 et seq.), the
Director of Industrial Relations has ascertained the general prevailing rate of
per diem wages in the locality in which the work is to be performed for each
craft, classification, or type of workman or mechanic needed to execute the con-
tract. A copy of said determination is available in the office of the City
Clerk. All parties to the contract shall be governed by all provisions of the
California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in-
clusive). The Contractor shall be responsible for compliance with Section 1777.
of the California Labor Code for all apprenticeable occupations.
384294 A DYNO CONSTRUCTION INC.
Contr's Lic. No. & Classification Bidder
7/31/80 S /Richard Uribe, President
Date Authorized Signature /Title
DESIGNATION OF SUBCONTRACTOR(S)
Page 3
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer and as provided by State law.
Item of Work Subcontractor Address
1. GUNITE URIBE CORP. 13113 Francesquito
2. Baldwin Park 91706
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
DYNO CONSTRUCTION INC.
Bidder
S Richard Uribe President
Authorized Signature Tit e
FWRIGINAL SEE CITY CLERK'S FILE 0 Y page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, DYNO CONSTRUCTION INC. , as bidder,
and COVENANT MUTUAL INSURANCE COMPANY , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($10/ ),
lawful money of the United States for the payment of which sum well and truly
to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of
BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III 2185
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and
if the above bounden bidder shall duly enter into and execute a contract for
such construction and shall execute and deliver the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days
(not including Saturday, Sunday, and Federal holidays) from the date of the
mailing of a notice to the above bounden bidder by and from said City that said
contract is ready for execution, then this obligation shall become null and
void; otherwise it is and shall remain in full force and effect, and the amount
specified herein shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an indi-
vidual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 31st day
of July , 1980.
(Attach acknowledgement of
Attorney -in -Fact)
Dimitra Schmauss, Notary Public
My Commission expires April 30, 1982
DYNO CONSTRUCTION INC.
Bidder
S /Richard Uribe, President
Authorized Signature /Title
COVENANT MUTUAL INSURANCE COMPANY
Surety
By S /Arthur J. Clement Jr.
Title Attorney -in -Fact
0 0
NON - COLLUSION AFFIDAVIT
Page 5
The bidder, by its officers and agents or representatives present at the time
of filing this bid, being duly sworn on their oaths, say that neither they nor
any of them have, in any way, directly or indirectly, entered into any arrange-
ment or agreement with any other bidder, or with any public officer of such
CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has
paid or is to pay to such bidder or public officer any sum of money, or has
given or is to give to such other bidder or public officer anything of value
whatever; or such affiant or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the attached bids; that no bid has been
accepted from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the bidder from con-
sidering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman
from submitting bids to a bidder who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be sug-
gested, offered, paid or delivered to any person whomsoever to influence the
acceptance of the said bid or awarding of the contract; nor has the bidder
any agreement or understanding of any kind whatsoever with any person whomso-
ever to pay, deliver to, or share with any other person in any way or manner,
any of the proceeds of the contracts sought by this bid.
--DM-CO,VST : HUTON TUC
Bidder
S /Richard Uribe, President
Authorized Signature /Title
Subscribed and sworn to before me
this 31st day of July
1980.
My commission expires:
December 30, 1983 S /Anne Caddel
�� Notary Public
FOR4IGINAL SEE CITY CLERK'S FILE C
Page 6
STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his financial responsibility
or agrees to submit a statement within I work day after the bid opening if
the undersigned is the apparent low bidder.
On file with City Clerk.
DYNO CONSTRUCTION INC.
Bidder
S /Richard Uribe, President
Authorized Signature /Title
• Page 7
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
Completed
For Whom Performed (Detail)
Person to Contact
Telephone
No.
V80
City of Pico Rivera
George Alexson
(213)
692 -0401
5/80
City of Los Angeles
Jack Coppersmith
(213)
485 -4570
4/80
County of Orange EMA
Andy Provenzano
(714)
834 -7092
10/79 City of Pasadena Mort August. (213) 577 -4191
10/79 City of Glendora Mr. Miles (213) 335 -4071
10/78 City ofNorwalk Bert Meyers (213) 868 -3254
DYNO CONSTRUCTION INC.
Bidder
S /Richard Uribe President
Authorized Signature /Title
0 0
NOTICE
The following are samples of contract documents which shall be
completed and executed by the successful bidder after,he receives a
letter of award from the City of Newport Beach:
PAYMENT BOND (pages 9 & 10)
FAITHFUL PERFORMANCE BOND (pages 11 & 12)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13,14 & 15)
CONTRACT (pages 16 & 17)
Since the City of Newport Beach will not permit a substitute
format for these contract documents, bidders are advised to review
their content with bonding, insuring and legal agents prior to sub-
mission of bid.
All costs associated with the
documents shall be absorbed in the
include those contained in (1) each
Standard Specifications for Public
adopted for use in the City of Newp
or modified by the Special Provisio
Page 8
specifications of these contract
bid. Such specifications shall
contract document and (2) the
Works Construction (latest edition
ort Beach , except as supplemented
ns for this project.
• • Page 9
PAYMENT BOND Bond Not 011094
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted August 11, 1980
has awarded to DYNO CONSTRUCTION INC.
hereinafter designated as the "Principal ", a contract for
BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III, CONTRACT NO. 2185
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 DYNO CONSTRUCTION. INC.
as Principal, and
COVENANT MUTUAL INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
Thirty four thousand six hundred forty ✓1 05 /100----- -- - - -- Dollars ($94.640.08 ),
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 persons, companies, and
corporations entitled to file claims under Section 3181 of the California Civil Code
so as to give a right of action to them or their assigns in any suit brought upon
0
Payment Bond (Continued)
0
Page 10
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 14th day of August , 19 8o
Approved as to fo
City Attorney
Seal)
Name of Con tractor Principal
Authorized Signature and Title
Covenant Mutual Insurance Company (Seal)
Name of Surety
C/o South Coast SWM General A ey Inc.
141 S. a /110 Fria a Ca. 91101
Address (PLVJ�2�,
gnatu ItI410f Authorized.Wgent
Arthur. lace Jr. AtUrney In -Fact
Address of Agent
Telephone No. of Agent
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FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
0 Page 11
Bond No: 011094
Prom. Amt:$831.00
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted August 11, 1980
has awarded to DYNO CONSTRUCTION INC.
hereinafter designated as the "Principal ", a contract for
BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III, CONTRACT NO. 2185
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, Dyno Construction Inc-
as Principal, and Covenant Mutual Insurance Company
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
Sixty nine thousand two hundred eighty 6 10 /100--- - - - - -- Dollars ($69-980-10 a �, ),
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
0
Faithful Performance Bond (Continued)
• Page 12
of any such change, extension of time, alterations or additions to the terms of the
contract or to the work or to the specificatioti>=-
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 14th day of Auc,Kt , 19 ---
Own Conc+rtj (Seal)
Narne-of Contrgc tonr rincipal)
Authorized Signature and Title
Covenant Mutual Insurance Company (Seal)
Name of Surety
c/o South Coast Surety General Agency Inc.
141 S. Lake Ave. 8110
Approv as to fo ArthuryJ. ClemeniJr. AttarneyAn -Fact
�— Address of Agent
,
City Attorney
Telephone No. of Agent
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CERTIFICATE HOLDER
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
• CERTIFICATE OF INSURANCE •
Page 13
INSURANCE COMPANIES AFFORDING COVERAGE
Company
Letter A Maryland Casualty Insurance
Company B
C
n_y D
Azusa CA 917nP Company E
Letter
This is to certify that policies of insurance listed below have been issued to the insured named
above and are in force at this time, including attached endorsement(s).
COMPANY
Policy
Policy
LIMITS OF LIABILITY IN THOUSANDS 000
LETTER
TYPE OF INSURANCE
No.
Exp.
Each
Date
Occurrence Aqqreqate
A
GENERAL LIABILITY
Comprehensive Form GLO
487680
1 -19 -81
Bodily Injury
$
$
"
19 Premises- Operations
❑ Explosion & Collapse Hazard
Property Damge
$
$
is
gX Underground Hazard
"
%I Products /Completed - Operations
"
Hazard
Bodily Injury
"
SX Contractual Insurance
and Property
$1,000.
$ 1,000.
KX Broad Form Property Damage
"
Damage Combined
Independent Contractors
Personal Injury
Personal Injury
1,000.
$1,000.
0 Marine
❑ Aviation
AUTOMOTIVE LIABILITY
A
Comprehensive Form CAM
2916689
1 -19 -81
Bodily Injury
(Each Person
$ 300
"
Ki Owned
$ 500
Bodily Injury
Each Occurrence
"
"
Wired
!g Non -owned
Pro ert Dama e
$
Bodily Injury and
Property Damage
Combined
$
EXCESS LIABILITY
❑ Umbrella Form
Other than Umbrella Form
Bodily Injury
and Property
Dama a Combined
$
$
WORKERS' COMPENSATION
Statutory
A
EMPLOYER'S LIABILITY CS
1130762
1 -19 -81
Accident
NOTE: The Comprehensive General Liability or (and) Automotive Liability policy(s) is (are)
endorsed with the attached City of Newport Beach Endorsement(s).
CANCELLATION: Should any of the above described policies be cancelled or coverage reduced
before the expiration date thereof, the Insurance Company affording coverage
shall provide 30 days' advance notice to the certificate holder by mail,
At ntion: (Public Works Department
By )Jtw, R� Agency: Alan R. Dukar Company 8 -19 -80
Authorized Representative 1081 Westwood Blvd, Los Angeles CA Date Issued
Description of operations /locations /vehicles: All operations performed for the City of Newport
Beach by or on behalf of the named insured in connection with the following designated contract:
Contract Number 2185 - Balboa Island Bulk Head Coping Repair
Project title and contract number
NOTICE: This certificate or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which this certificate or verification of insurance may be issued or may
pertain, the insurance afforded by the policies described herein is subject to all
the terms, exclusions and conditions of such policies, including attached endorsements.
• • Page 14
CITY Of NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Bodily Injury and
Property Damage Liability, the City of Newport Beach, its officers and employees are
additional insureds but only with respect to liability for damages arising out of
the ownership, maintenance or use of automobiles (or autos) used by or on behalf of
the named insured in connection with the contract designated below. The insurance
extended by this endorsement to said additional insured does not apply to bodily
injury or property damage arising out of automobiles (1) owned by or registered in
the name of an additional insured, or (2) leased or rented by an additional insured,
or (3) operated by an additional insured. The insurance afforded the additional
named insured(s) shall apply as primary insurance and no other insurance maintained
by the City of Newport Beach will be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured
who is seeking coverage or against whom a claim is made or suit is brought,
except with respect to the limits of the Insurance Company's liability."
3. The limits of liability under this endorsement for the additional insureds named in
paragraph 1 of this endorsement shall be the limits indicated below for either Multi-
ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate
box.
(XX) Multiple Limits
Bodily Injury Liability
Property Damage Liability
( ) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
$ 300,0001500,000 each occurrence
$ 300,000. each occurrence
h occurrence
The limits of liability as stated in paragraph 3 of this endorsement shall not in-
crease the total liability of the Insurance Company for all damages as the result of
any one accident or occurrence in excess of the limits of Liability stated in the
policy as applicable to Automobile Liability Insurance.
4. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department.
5. Designated Contract: Contract Number 2185 - Balboa Island Bulk Head Coping Repair
Project Title and Contract No.).
This endorsement is effective 8 -19 -80 at 12:01 A.M. and forms a part of
Policy No.CAM62916689
Named Insured Dvno Construction, Inc. Endorsement No. one
Name of Insurance Company Maryland Casualty Company By L!�—iL k
Authorized Representative
• Page 15
CITY OF NEWPORT BEACH
COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Comprehensive General
Liability, the City of Newport Beach, its officers and employees are additional in-
sureds but only with respect to liability arising out of operations performed by or on
behalf the named insured in connection with the contract designated below or acts
and omissions of the City of Newport Beach in connection with its general supervision
of such operations. The insurance afforded said additional insured shall apply as
primary insurance and no other insurance maintained by the City of Newport Beach will
be called upon to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
Insurance Company's liability."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to
the terms, conditions and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision con-
tained in the written contract, designated below, between the named insured and the
City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU "hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured named in
paragraph I of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit, whichever is indicated by the letter X in the appropriate box.
( ) Multiple Limits
Bodily Injury Liability
Property Damage Liability
((X) Single Limit
$ each occurrence
ch occurrence
Bodily Injury Liability $ 1,000,000. each occurrence
and
Property Damage Liability
Combined
The applicable limit of the Insurance Company's liability for the insurance afforded
for contractual liability shall be reduced by any amount paid as damages under this
endorsement in behalf of the additional insureds.
The limits of liability as stated in this endorsement shall not increase the total
liability of the Insurance Company for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as applicable to Comprehen-
sive General Liability Insurance.
6. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department
7. Designated Contract: Contract Number 2185 - Balboa Island Bulk Head Coping Re ari
Project Title and Contract No.
This endorsement is effective
Policy No GL 03487680
Named Insured Dvno Construction, Inc.
at 12:01 A.M. and forms a part of
ndorsement No.one
Name of Insurance Company Maryland Casualty Company By l���Utu"
Authorized Representative
Page 16
CONTRACT
THIS AGREEMENT, entered into this � day of , 19 �,
by and between he ITY OF NEWPORT BEACH, hereinafter "Ci y, and
hereinafter "Contractor, "is made with
reference to the following facts:
(a) City has heretofore advertised for bids for the following
described public work:
BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III 2185
Title of Project Contract No.
(b) Contractor has been determined by City to be the lowest responsi-
ble bidder on said public work, and Contractor's bid, and the compensation set
forth in this contract, is based upon a careful examination of all plans and
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of the work
for the construction of the following described public work:
BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III 2185
Title of Project Contract No.
which project is more fully described in the contract documents. Contractor
shall perform and complete this work in a good and workmanlike manner, and in
accordance with all of the contract documents.
2. As full compensation for the performance and completion of this
work as prescribed above, City shall pay to Contractor the sum of
This compensation includes 1 any loss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or obstruc-
tions in the performance of the work; (3) any expense incurred as a result of any
suspension or discontinuance of the work; but excludes any loss resulting from
earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves,.
and which loss or expense occurs prior to acceptance of the work by City.
3. All of the respective rights and obligations of City and Contractor
are set forth in the contract documents. The contract documents are incorporated
herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instruction to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and endorsement(s)
0 Page 17
f� =.
(f) Plans and Special Provisions for
Title of Project Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, and indemnify and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximiately caused by the sole
negligence of City or its officers, employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed the day and year first above written.
ATTEST:
-City Clerk
APPROVED AS TO FORM:
City Attorney
I
CITY OF NEWPORT BEACH
By
Mayor
6 we
Contractor
z1
By . e2
By
Its
CITY
CONTRACTOR
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
BALBOA ISLAND BULKHEAD COPING REPAIR -PHASE III
CONTRACT NO. 2185
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- 5088 -S,
complete and in place.
The work shall be performed in accordance with the Plan (Drawing No. 5088 -S), 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 S ecifications for Public Works
Construction, (1979 Edition and 1980 Supplement 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 Drawl s
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 responsible
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 submit 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.
IV. COMPLETION AND SCHEDULE OR WORK
All work to be completed under this contract shall be completed by November 26, 1980.
The Contractor will be required to commence construction within 15 calendar days
following the date of Notice to Proceed.
The Contractor shall prepare a written schedule or work incorporating the
following requirements:
1. All work shall be completed by November 26, 1980.
2. Twenty -two (22) consecutive calendar days will be allowed to construct
the bulkhead coping repair in front of a residence.
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 a 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 requirements, nor shall it be construed as the
basis for payment of extra work because additional men and equipment were
required on the job.
In addition, it will be the Contractor's responsibility to ensure the availability
of all materials prior to the start of work. Unavailability of materials will
not be sufficient reason to grant the Contractor an extension of time.
The Contractor will be assessed $100.00 per day (including Saturdays, Sundays
and holidays) liquidated damages for each day in excess of the 22 consecutive
calendar days allowed for 100% completion of the construction work in front of
each residence. Additional liquidated damages, as covered in Section 6 -9 of
the Standard Specifications, shall be assessed for failure to complete the
project within the overall time of completion.
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. EQUIPMENT AND MATERIAL STORAGE
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 Section
7 -8 of the Standard Specifications.
It will be the Contractor's responsibility to keep all paved and sidewalk areas clean.
In addition, the Contractor shall be responsible for removing and keeping all debris
and "re- bound" from entering the bay during all phases of construction.
VII. OBSTRUCTIONS
The City will not attempt 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.
3
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 or parking is to be disrupted, the
notice shall also state when it will be restored. The written notice will be pre-
pared 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, work incomplete, strikes, or other alterations of the schedule will require
renotification.
IX. PAYMENT
The unit price bid per lineal foot of repairing existing bulkhead and coping shall
be considered as full compensation for all labor, equipment, materials, and all
incidental items necessary to complete the work in place, and no additional
allowance will be made therefor.
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 City water free
of charge, it shall be his responsibility to make arrangements for water by
contacting the City's Utilities Superintendent, Mr. Gil Gomez 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.
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 salvaged material shall become the property of the
Contractor and shall be disposed of in a manner acceptable to the Engineer.
XV. CONSTRUCTION DETAILS
Steel Replacement: Existing steel reinforcement shall be replaced if it
has deteriorated more than 50% of its original cross - section, as determined
by the Engineer. Where replacement of existing reinforcement is required,
existing concrete shall be removed to 18 inches min. beyond the point of
50% bar deterioration. Existing bars shall be lapped 18 inches min. 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.
Concrete Replacement:
General:
Air placed concrete shall conform with the requirements of Section 303 -2,
Method A ( Gunite) of the Standard Specifications except as modified herein.
Mixing:
The dry mixture shall consist of one part portland cement to 3z parts
fine aggregate, measured by either volume or weight. The fine aggre-
gate shall be thoroughly dried and kept continually dry until mixing.
Consistency:
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
thoroughly roughened. The surface shall be free from any coatings,
laitance or other film which will prevent a good bond between the
gunite and the existing surface. Immediately prior to shooting the
gunite, the surface shall be sandblasted and thoroughly moistened with
clean fresh water under pressure.
Removal of deteriorated Concrete and Sandblasting:
Disintegrated, cracked or loosened concrete shall be completely removed.
Exposed reinforcing steel, shall be thoroughly sandblasted until a clean
surface is obtained on all exposed sides of the steel. Additional bar
and fabric reinforcement, as required by these specifications or the
plans, shall be securely tied to existing reinforcement. After this
portion of the work has been inspected and accepted by the Engineer,
air - placed concrete shall be applied as herein described.
Welded wire fabric reinforcement
Welded wire fabric shall be galvanized, lapped at least 6 inches and
thoroughly tied with galvanized annealed iron wire not less than No. 18
P
gauge. Fabric 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 Horizontal 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.
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. 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.
• f
September 3, 1980
TO: CITY CLERK
FROM: Public Works Department
SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III
(C -2185)
Attached are four copies of the subject contract
documents and insurance certificates. Please have executed on
behalf of the City, retain your copy and the insurance
certificates, and return the remaining copies to our department.
Gilbert W n6 g
Project Engineer
GW:do
Att.
*Workers' Compensation Certificate
"I am aware of and will comply with Section 3700 of the Labor Code,
requiring every employer to be insured against liability for Workers'
Compensation or to undertake self- insurance before commencing any
of the work."
Date S' nature —?
0 .PROPfiSAL 0
BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III
Title of Project
2185
Contract No.
$90,000
Engineer's Estimate
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
Page 1
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro-
poses to furnish all materials and do all the work required to complete this Contract
in accordance With the Plans and Special Provisions, and will take in full payment therefor
the following unit price for the work, complete in place, to wit:
ITEM QUANTITY
ITEM DESCRIPTION
UNIT
TOTAL
NO. AND UNIT
UNIT PRICE WRITTEN IN WORDS
PRICE
PRICE
1 982
Repair existing bulkhead and coping with air -
Lineal Feet
placed concrete (gunite); including removal
of deteriorated concrete, replacement of deteri-
orated reinforcing steel and any other miscellan-
eous work necessary to repair the bulkhead and
coping cc�omglete in pp1 ce
@ Je yE/YT� Dollars
Cents $
70• SS
$ �3
Per Lineal Foot
TOTAL PRICE WRITTEN IN WORDS:
Doll ars
and
Cents
Contractor s Lic. No. & Classification Bidder
Date Authorized Signature /Title
/G 73/ e-Aepaeu/ May 4-z {stf , C,* 1170 _ � 3) �3'�4-o37?-
Bidder Address Bidde'r's Telephone No.
• • Page 2
INSTRUCTIONS TO BIDDERS
The following contract documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
1. PROPOSAL
2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (sum not less than 10% of total bid price)
5. NON- COLLUSION AFFIDAVIT
6. STATEMENT OF FINANCIAL RESPONSIBILITY
7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less than 10% of
the total bid price) may be received in lieu of the Bidder's Bond. The title
of the project and the words SEALED BID shall be clearly marked on the outside
of the envelope containing the bid.
Bids shall not be received from bidders who are not licensed in accordance
with the provisions of Chapter 9, Division III of the Business and Professions'
Code. The low bidder shall also be required to possess a City of Newport Beach
business license prior to execution of contract.
Bids shall be submitted on the attached PROPOSAL form. The additional
copy of the PROPOSAL form may be retained by the bidder for his records.
The estimated quantities indicated in the PROPOSAL are approximate, and are
given solely to allow the comparison of bid totals.
Bids are to be computed upon the estimated quantities indicated in the
PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis-
crepancy between wording and figures, bid wording shall prevail over bid figures.
In the event of error in the multiplication of estimated quantity by unit price,
the correct multiplication will be computed and the bids will be compared with
correctly multiplied totals. The City shall not be held responsible for bidder
errors or omissions in the PROPOSAL.
Contract documents shall bear signatures and titles of persons authorized
to sign on behalf of the bidder. For corporations, the signatures shall be of
the President or Vice President. For partnerships, the signatures shall be of
a general partner. For sole ownership, the signature shall be of the owner.
In accordance with the California Labor Code (Sections 1770 et seq.), the
Director of Industrial Relations has ascertained the general prevailing rate of
per diem wages in the locality in which the work is to be performed for each
craft, classification, or type of workman or mechanic needed to execute the con-
tract. A copy of said determination is available in the office of the City
Clerk. All parties to the contract shall be governed by all provisions of the
California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in-
clusive). The Contractor shall be responsible for compliance with Section 1777.5
of the California Labor Code for all apprenticeable occupations.
Contr's Lic. No. & Classification Bidder
Date Authorized Signature /Title
• ! Page 3
DESIGNATION OF SUBCONTRACTOR(S)
The undersigned certifies
subcontractor(s) in making
will be used for the work
Engineer and in accordance
No change of subcontractor
Engineer and as provided b
Item of Work
that he has used bid(s) of the following listed
up his bid,and that the subcontractor(s) listed
for which they bid, subject to the approval of the
with the applicable provisions of the Specifications.
may be made except with the prior approval of the
Y State law.
Subcontractor
Address
2. .¢t e) &11,41 4Ae- 7V.6
3.
4.
5.
6.
7.
8.
9.
10.
U.
12.
Bidder
Authorized Signature Tit e
Covendrrt
C�
•
COVENANT MUTUAL INSURANCE COMPANY
BID BOND
Approved by The American Institute of Architects,
A.I.A. Document No. A -310 (Feb. 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, That we,
Bond No. BBSU
DYNO CONSTRUCTION INC.
as Principal, hereinafter called the Principal,
and the COVENANT MUTUAL INSURANCE COMPANY, of Hartford, Connecticut, a corporation duly or-
ganized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and fnnly
bound unto CITY OF NEWPORT BEACH as Obligee, hereinafter called the Obligee,
in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars
(S 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Project no. 2985 Phase III
Coating & Repair
( IN ACCORDANCE WITH THE ATTACHED PROPOSAL)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this 'I1 si- day of JULY '19-3-0.
Witness
Witness
i IL
DYNO CONSTRUCTION INC. (Seal)
Princinal
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C09NANT MUTUAL INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby
make, constitute and appoint
Arthur J. Clement Jr.
its true and lawful Attorney lsl -in -Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog.
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof in an unlimited amount.
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorneylsl -in -Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by -laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
Or all of the officers as it may in its discretion determine including, without limitation or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12, 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall bevalid and binding upon the Company when signed by the President or any Senior Vice President
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if
aseal is required, by a duly authorized attorney -in -fact or agent: and any such bond, undertaking, recognizance,
consent of surety orwritten obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys-in -fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by -laws and the Company seal
may be affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there•
of; such signature and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
1
Attest:
Assistant Secretary
STATE OF CONNECTICUT
ss:
COUNTY OF HARTFORD
COVENANT MUTUAL INSURANCE COMPANY
By 421 „- 1 eez
Vice PfesidiAt
On this 22nd day of March in the year 1973 before me personally cam. Francis W. Palfrey, Jr., and James E.
Wilkins to me known, who bung by me duly sworn, did depose and say; that they reside in the State of Connecticut;
that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE "CNIPANY,
the corporation described in and which executed the above instrument; that they know the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under
the by-laws of said corporation, and that they signed their names thereto by like authority.
91C N :.c •..{� / / Ft Il/r /rri �- �! L�
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': �O TA t} .t : Notdry euoiic
My commission expires March 31, 1978
,.ua�tc ;:
,. CERTIFICATION
I, Vera C. Spltko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, [he atwve- quoted provisions of Section 12 of the bylaws and the resoturions or the
Board of Directors of March 12, 1973 have not been aoridged or revoked and are now in full force and effect.
Signed and sealed at Hartford. Connecticut, this 31stday of JULY 79 so
"U� Q 6. �o
Assistant Secre y
0
NON- COLLUSION AFFIDAVIT
• Page 5
The bidder, by its officers and agents or representatives present at the time
of filing this bid, being duly sworn on their oaths, say that neither they nor
any of them have, in any way, directly or indirectly, entered into any arrange-
ment or agreement with any other bidder, or with any public officer of such
CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has
paid or is to pay to such bidder or public officer any sum of money, or has
given or is to give to such other bidder or public officer anything of value
whatever; or such affiant or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the attached bids; that no bid has been
accepted from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the bidder from con-
sidering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman
from submitting bids to a bidder who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be sug-
gested, offered, paid or delivered to any person whomsoever to influence the
acceptance of the said bid or awarding of the contract; nor has the bidder
any agreement or understanding of any kind whatsoever with any person whomso-
ever to pay, deliver to, or share with any other person in any way or manner,
any of the proceeds of the contracts sought by this bid.
Subscribed and sworn to before me
this day of
19
My commission expires:
Bidder
Authorized Signature /Title
Notary Public
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STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his financial responsibility
or agrees to submit a statement within 1 work day after the bid opening if
the undersigned is the apparent low bidder.
Bidder
i f�ES/c1E"�
Authorized ignature /Title
• ` Page 7
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
Completed For Whom Performed (Detail) Person to Contact Telephone No.
�Y.r�o �i�,trs >��icray
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AUG RESOLUTION NO. 98512
my the UTy COUMcii.
CITY. IF Niy?MT &L*.C,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING A CONTRACT TO
DYNO CONSTRUCTION, INC. IN CONNECTION WITH
THE BALBOA ISLAND BULKHEAD COPING REPAIR,
PHASE III (C -2185)
WHEREAS, pursuant to the notice inviting bids for
work in connection with the Balboa Island bulkhead coping
repair, in connection with the plans and specifications
heretofore adopted, bids were received on the 31st day of
July, 1980, and publicly opened and declared; and
WHEREAS, it appears that the lowest responsible
bidder therefor is DYNO CONSTRUCTION, INC.,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the bid of DYNO CONSTRUCTION,
INC., in the amount of.$69,280.10 be accepted for the Balboa
Island bulkhead coping repair, and that the contract for the
described work be awarded to said bidder; and
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 11th day of August , 1980.
Mayor
ATTEST:
City Clerk
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August 11 , 1980
CITY COUNCI AGENDA
AUG 11 19AU ITEM NO. LA
TO: CITY COUNCIL By the CITY COUNCIL
CITY OF NSWFORT LEACH
FROM: Public Works Department
SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III (C -2185)
RECOMMENDATION:
Adopt a resolution awarding the contract to Dyno Construction Inc.
of Azusa for $69,280.10.
DISCUSSION:
The following bids were received and opened in the office of the
City Clerk at 10:30 AM on July 31, 1980:
Bidder Amount
1.
Dyno Construction Inc.
$69,280.10
2.
Uribe Company
$77,479.60
3.
Anthony Construction
$79,198.30
4.
Superior Gunite
$83,371.80
5.
Peter Kiewit Sons' Co.
$86,416.00
6.
Hane Construction Inc.
$88,281.80
The low bid is 23.0% under the Engineer's estimate of $90,000.
Adequate funds for this project are budgeted in Account No. 02- 4197 -136.
This project provides for the reconstruction of approximately 1,000
lineal feet of deteriorated reinforced concrete bulkhead copings along the
Grand Canal (see attached sketch). This is the final phase of a 3 -phase
program to repair the copings along the canal using the air -blown gunite
technique.
Adjustment and reconstruction of existing platforms and piers adjacent
to canal copings to be repaired is the responsibility of the property owners.
The owners have been notified of the coping repair work schedule and of their
responsibility to remove and reconstruct.
The low bidder is well qualified and has satisfactorily performed
other work for the City.
The estimated date of
specifications were prepared by
Benjamin B. Nolan
Public Works Director
GW:do
Att.
completion is November 26, 1980. The plans and
the Public Works Department.
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PHASE= (C -2185) 1980 -81
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THE NEWPORT ENSIGN
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 circula-
tion, printed and published weekly in the city of
Newport Beach, County of Orange, and which news-
paper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Or-
ange, State of California, under the date of May 14,
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 entire issue of said newspaper and not in
any supplement thereof on the following dates to -wit:
Published July 16, 1980
................... ............... .......
I certify (or declare) under penalty of perjury that the
for is true and correct. Dated at Newport
each, Cal rnia, this 160ay tiny , 1 80
Signature
THE NEWPORT ENSIGN
2721 E. Coast Hwy., Corona del Mar, California 92625.
This pace is for the County Clerk's Filing Stamp
A
Notice
Proof of Publication of
Contract # 2185
MCNO
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S-ebd ht& auy b -..Id .1 th. ob
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Bbd., N M Bach, CA B2883 until
10:30..m. o. th. 919 des of July. INC,
at -hbh tl --h bW. 941 h. M..d
and and 1W
BALBOA ISLAND BULINR.r1
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PROOF OF PUBLICATION t,ca 7 409[0
�, //ALL �,
TO: CITY COUNCIL
FROM: Public Works Department
July 14, 1980
CITY COUNCIL AGENDA
ITEM NO. H -12
SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III (C -2185)
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to be
opened at 10:30 AM July 31, 1980.
DISCUSSION:
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 the final phase 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) will be sent to the property owner's association and to each
property owner apprising them of their responsibility.
The plans and specifications were prepared by the City. The
Engineer's estimate is $90,000. (Funds are available in Account No.02- 4197 -136.)
The estimated date of completion is November 26, 1980.
a,- ." J.i
Benjamin B. Nolan
Public Works Director
GW:do
Att.
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DRAWNL`,tzj,_ DATE
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO. _
DRAWING NO. EXHIBIT 'A'
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June 23, 1980
0
CITY OF NEWPORT BEACH
CALIFORNIA
SUBJECT: BALBOA ISLAND BULKHEAD COPING REPAIR, PHASE III (C -2185)
Dear Property Owner:
city Hall
)]00 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 150 feet north of Balboa
Avenue to the northerly end of Grand Canal. The extent of the work is shown
on the attached sketch.
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 reconstruction 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 re-
placement 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 plat-
form is not removed, the City's Contractor will remove it and place any salvage-
able 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
platforms are to be free - standing structures with no direct connection to the
new coping.
The work is tentatively scheduled to start in September 1980, with completion in
December 1980. We will make every effort to assist you in coordinating this proj-
ect with your pier reconstruction. Please feel free to call our Project Manager,
Mr. Gilbert Wong, or our Design Engineer, Mr. Lloyd Dalton, at 640 -2281.
V�urs /�'viibn
Benjamin B. Nolan
Public Works Director
GW:do
Att.
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