HomeMy WebLinkAboutC-2294 - Bayfront Sidewalk Repair 1981-1982April 20, 1983
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEIVPORT BEACH, CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
James Lenihan Co.
20524 Earl Street
Torrance, CA 90503
Dear Mr. Lenihan:
Subject: Surety: Fremont Indemnity Co.
Bonds Nos.: B 213146
Project: Bay Front Sidewalk Repair
Contract No.: .C- 2294 .
The City Council on March 28, 1983 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. the Notice has been recorded.
The Notice was recorded with the Orange County Recorder on April 4, 1983,
Reference No. 83- 141119.. Please notify your surety company that the bonds
may be released 35 days after this recording date.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
cc: Public Works
3300 Newport Boulevard, Newport Beach
1
REC'10;zDIW)
IZLQUCS1 "c0 BY
Please return tw
City Clerk
City of Newport Beach
3304 Newport mv4i
P.O. Box 1768
Newport Beach, CA 92663 -3884
83- 141119
NOTICE OF COMPLETION
PUBLIC WORKS I EXEMPT
C7
1'o All Laborers and Material Men and to Every Other Person Intere
4eA
Epp
eov
YOU WILL PLEASE TAKE NOTICE that on March 28. 1983
the Public Works project consisting of Bayfront Sidewalk Repair (C -2294) _
on which James Lenihan Co., 20524 Earl Street, Torrance, CA 90503
was the contractor, and Fremont Indemnity Co., 1709 West Eighth St. Los Angeles 90017
was the surety, was completed.
VERIFICATION
I, the undersigned, say:
CIEWPORT BEACH
W. r
. <
Public Works Director
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 March 30, 1983 at Newport Beach, California.
ubli Works 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 March 28, 1983 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 March 30
tv
at Newport Beach, California.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-400 PM APR 4 '83
LEE A. BRANCH, Count Retordu
March 30, 1983
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92703
Dear Mr. Branch:
Enclosed for recordation are two Notice of Completions of Public Works
projects consisting of:
1. Bay Front Sidewalk Repair, Contract No. 2294 on which James E. Lenihan
Co. was the Contractor and Fremont Indemnity Co. was the Surety.
2. 35th Street End Replacement near Marcus Avenue, Contract No. 2283 on
which Trautwein Brothers Waterfront Construction was the Contractor
and Fireman's Fund Insurance Co. was the Surety.
Please record and return to us.
Sincerely,
Wanda E. Andersen'
City Clerk
WEA:lr
encs.
3300 Newport Boulevard, Newport Beach
•
TO: CITY COUNCIL
FROM: Public Works Department
• c - 2-.;Iq (A
March 28, 1983 `38/
SUBJECT: ACCEPTANCE OF BAYFRONT SIDEWALK PEPAIR (C -2294)
RECOMMENDATIONS:
DISCUSSION:
CITY COUNCIL AGENDA
ITEM N0. — 1(
APPROVED
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.
The contract for the repair of a portion of the Balboa Island
Bayfront sidewalks has been completed to the satisfaction of the Public Works
Department.
The bid price was $24,810.00
Amount of unit price,items constructed 24,717.50
Amount of change orders None
Total contract cost 24,717.50
Funds were budgeted in the General Fund.
The design engineering was performed by the Public Works Department.
The contractor is James E. Lenihan of Torrance.
The contract date of completion was March 10, 1983.
completed on March 8, 1983.
Benjamin B. Nolan
Public Works Director
1.1
The work was
0
CITY OF NEWPORT LEACH
P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
T0: FINANCE DIRECTOR
PUBLIC WORKS
FROM: CITY CLERK
DATE: February 14, 1983
SUBJECT: Contract No. 2294
Description of Contract Bay Front Sidewalk Repair
Effective date of Contract February 14, 1983
Authorized by Minute Action, approved on January 10, 1983
Contract with James E. Lenihan Co.
Address 20524 Earl Street
Torrance, CA 90503
Amount of Contract $24,810.00
/.1" Ce d*j&WCVt-'
Wanda E. Andersen
City Clerk
WEA:lr
attach.
3300 Newport Boulevard, Newport Beach
-VITA I tC_, A1 *3
i
"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."
/ -3/- �3
Date
C -2294
gnature
James.E. Lenihan Company
Tor CITY CLERK
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M.
on the 10th day of December, 1982, at which time such bids
shall be opened and rea—
BAY FRONT SIDEWALK REPAIR
Title of Project
2294
Contract No.
$35,000
Engineer's Estimate
\l- I FO RN%
Approved by the City Council
this 22nd day of November , 1982.
Wanda E. Andersen
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 Stephen J. Luy at 640 -2281.
Project Engineer
+• 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BAYFRONT SIDEWALK REPAIR
CONTRACT NO. 2294
1982 -83
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663 -3884
Gentlemen:
PR 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. 202 Seal bulkhead joints
Each
@ Thirty Dollars
and
No Cents
Each $ 30.00 $ 6.060.00
2. 7,500 Pressure grout PCC sidewalk on
Square Feet Balboa Island
@ Two Dollars
and
Fifty Cents $ 2.50 $ 18,750.00
Per Square Foot
TOTAL PRICE WRITTEN IN WORDS:
Twenty -four thousand eight hundred ten Dollars
and
No Cents $ 24.810.00
C -61 257006 James E. Lenihan Company
Contractor's Lic. No. & Classification Bidder
12 -10 -82
Date
213 - 542 -4337
Binder 5 e ephone Number
S /James E. Lenihan
Authorized Signature /Title
20524 Earl Street, Torrancp, CA 90503
Bidder's Address
0
INSTRUCTIONS TO BIDDERS
•
Page 2
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.
C -61 #257006
Contr's Lic. No. & Classification
12 -10 -82
Date
James E. Lenihan Company
Bidder
S /James E. Lenihan
Authorized Signature /Title
• • Page 3
DESIGNATION OF SUBCONTRACTOR(S)
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
I. NONE
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
J. E. Lenihan
Bidder
S /James E. Lenihan
Authorized Signature /Title
OR ORIGINAL SEE CITY CLERK'S 10 COPY Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, James E. Lenihan Company , as bidder,
and Fremont Indemnity Company
and firmly bound unto the City of Newport
Ten Percent of the amount bid in - -
lawful money of the United States for the
to be made, we bind ourselves, jointly an
THE CONDITION OF THE FOREGOING OBLIGATION
, as Surety, are held
Beach, California, in the sum of
Dollars ($ - -10% of Bid),
payment of which sum well and truly
i severally, firmly by these presents.
IS SUCH,
That if the proposal of the above bounden bidder for the construction of
RAY FRONT STnFWAIK REPAIR 2294
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 10th day
Of peremher , 1922
(Attach acknowledgement of
Attorney -in -Fact)
S/Onrthe F_ Incley
Notary Public
Commission expires 2 -6 -84
James E. Lenihan Company
Bidder
S /James E. Lenihan . Owner
Authorized Signature /Title
Fremont Indemnity Company
Surety
By S /M. S. Butler
Title Attorney -in -Fact
•
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.
James E. Lenihan
Bidder
S /James E. Lenihan
Authorized Signature /Title
Subscribed and sworn to before me
this loth day of December
19-B2 .
My commission expires:
_April 18. 1984 S /Marquerite S. Butler
Notary Public
FOR ORIGINAL SEE CITY CLERK' (&ILE COPY Page 6 +IIII
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.
J. E. Lenihan Company
Bidder
S /James E. Lenihan
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.
1982 Newport Beach
1982 Rodnndn Beach John Help
1982 Paul Huhhc Construction Tony
Rialto, CA
S /James Lenihan, Owner.
Authorized Signature /Title
l„
l • Page 8
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.
BONDING COMPANIES shall be acceptable as sureties in
accordance with the latest revision of Federal Register Circular 570.
INSURANCE COMPANIES shall be assigned Policyholders' Rating B
(or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Ke Ratin Guide:
Property-Casualty. Coverages shall be providec for a ES OF
INSURANCE checked on the CERTIFICATE OF INSURANCE.
All costs associated with the specifications of these contract
documents shall be absorbed in the bid. Such specifications shall
include those contained in (1) each contract document and (2) the
Standard Specifications for Public Works Construction.(latest edi-
tion adopted for use in the City of Newport Beach , except as
supplemented or modified by the Special Provisions for this project.
.._ i
Page 9
BOND NO. B 213146
PAYMENT BOND Premium included in
charge for Performance
KNOW ALL MEN BY THESE PRESENTS, That Bond.
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted January 10, 1983
has awarded to James E. Lenihan Company
hereinafter designated as the "Principal_ "; a contract for BAY FRONT SIDEWALK
REPAIR (C -2294)
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 JAMES E. LENIHAN COMPANY
as Principal, and FREMONT INDEMNITY COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
TWELVE THOUSAND FOUR HUNDRED FIVE AND NO /100------ - - - - -- dollars $12,405.00 -----
- -- �,
said sum being one -half of the estimated amount payable by the City of.Newport Beach
under -the terms of the contract, for which payment well and truly to be made we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by, these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the 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 3250 of the
Civil 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
i
V
b
f : • Page 10
Payment Bond (Continued)
this bond, as required by the Provisions �f Sections 3247 et. seq. of the Civil 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 20th day of January 1983
App oved as to form:
C ty Attor
JAMES E. LENIHAN COMPANY (Seal)
Name of Contractor Principal
By
A th rized Signature and Title Sole owner
Authorized Signature and Title
FREMONT INDEMNITY COMPANY (Seal)
Name of Surety
1709 West Eighth St., Los Angeles, Cal. 90017
Addre of Surety
By i�Signature a� its utf pied Agent
M S. Butler, Attorney -in -Fact -
Inc.
ress of 1A gqent
1833 West Orympic Blvd., Los Angeles, Cal. 90006
Te ephone No. of Agent
2
\
/
)
(
\
§ % ]
C)
( J
\
\
\
±) )
\ \\\
\\ \/
\ \kj
� \)
( ®ƒ/
\ \ \\
\))}
\r
2\$\
|[§)
)J \@
t
&\a
z% }
0
k /a 2
!@ !
«`2® L
§g2 &
cr a_<
C3 !
°2 ■
u
\
]
}
f ',+ ' ,
r 1
L_J
LsI
FAITHFUL UFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
Page 11
BOND NO. B 213146
PREMIUM: $298.00
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted January 10, 1983
has awarded to James E. Lenihan Company
hereinafter designated as the "Principal ", a contract for BAY FRONT SIDEWALK
in the City of Newport Beach, in strict conformity with the.Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond for the faithful performance of said
contract;
NOW, THEREFORE, We, JAMES E. LENIHAN
as Principal, and FREMDNT INDEMNITY COMPANY
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
TWENTY -FOUR THOUSAND EIGHT HUNDRED TEN AND N0 /100--- - - - - --- Dollars ($ 24,810.00-- - - - - ),
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, 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 611 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
• Page 12
Faithful Performance Bond (Continued)
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 20th day of January , 19-.U_
l
Approved as to form-
City Att6rney
lk
a-AMS E. LEMI Seal}
Name of Contractor Principal)
Auth r zed S gnature and Title sole owner
Authorized Signature and Title
Fs V ONT T R!M tTW mmeAMV (Seal )
Name of Surety
..
By
Signature and Title of Authorized Agent
M. S. Butler, Attorney-in -Fact
Tnn-
ffertsslf Agent
1833 West Olympic Blvd., Los Angeles, Cal. 90006
(213) 382 -6331
Telephone No. of Agent
U
Y
0
I
'O
G
m
T
c
a
0
v
Y
W
b
ctl
U
p
a
0
o
m
N
0
.-I
m
a
H
W
� ro
a �
Ol n°
� a
O o
F o
rn U
N N G
� y N
Tp u
ao ci
L
N
b
G OU Y
G a
y v
O v
0 C
G� is
v
s, A O
C o
o� °U
C
w.G�y
c3..v
ovsE
•0 3 �'
v nvi •v ,_
A � i
O N u C
G N
C O D
+° -3m
� Q 0
JAZZ G
N
W I G�
Q
—<W
K
Q a Z <
O c'aN
O 0 O E
z C
Ua.
f
Y•
G
O
U
W
A
O
A
in
v
b
c
ro
A
P,
0
%/
------ - - ----
0
4 1
FR4AON T INDEMNITY #OMPANY
HOME OFFICE — LOS ANGELES, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That, FREMONT INDEMNITY COMPANY, by WILLIAM JONES, JR.
its Vice President, in pursuance of authority granted by Resolution of its Board of Directors at a meelingcalleM
and held on the 18th dgy of Februaq, 1972, which said Resolution has not been amended or rescinded and of which the following is r-er
true, full and complete copy:
"RESOLVED. That the President or any Vice- President may from Lime to time appoint Attorneys-;n-Fact to represent and
act for and on behalf of the Company, and either the President or any Vice - President, the Board of Directors or Executive
Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it
further
"RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the
Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or under-
Lakin gs executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and
ea
sled and attested by the Secretary.'
does hereby nominate, constitute and appoint M.S. BUTLER
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed:
ANY AND ALL BONDS AND UNDERTAKINGS
IN WITNESS WHEREOF the said Vice President has hereunto subscribed his name and affixed the
corporate seal of the said. - FREMONT INDEMNITY COMPANY, this 12th day of March A.D -, 19 7qM
FR.EMONT.INDEMNITY COMPANY
By.
STATE OF CALIFORNIA Vice Presider William nes, Jr.
COUNTY OF LOS ANGELES
�g
On this 12th day of March A.D., 1979 , before the subscriber, a Notary Public of the State or
California, in and for the County of Los Angeles, duly commissioned and qualified, "me the above named Vice '
President, of FREMONT INDEMNITY COMPANY , tome personally known to be the individual and officer described in and who
executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, depoSeth and saithe
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of—
the Said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the _ aty of Los An ekes, the day and yeae_-
first above written. ---
�( 01TI1MAL SEAL C'
C14 NANCY L. OKAMOTO NU1AR1 PUBLIC- LLI1Gn!ilA (SEAL) LOS A \C:tLS CGUY.TY r Public COmCt3Sipn boics Aup. 13. 1552 - - -
SScrcc -�cc: c`c.. c�"rc -- arc -•..� -
I, the undersigned; - Assistant Secretaryof FREMONTINDEMNITY COMPANY ;do hereby ce"If
that the original POWER OF ATTORNEY, of which the foregoing is a full,_Cmc and correct copy, is in full force and effect.
IN WITNESS WHEREOF, Ilidve hereunto subscribed my name as Assistant— Secretary, and affix
the Corporate Seal of the Corporation, this . 20th day of ':7a1V4ary, , 19 83.
'Assistant'Secretary Robert S. Stei.�
AMENDED
• CERTIFICATE OF INSURANCE • Page 13
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 42663
NAME AND ADDRESS OF INSURED
JAMES E. LENIHAN DBA: JAMES E. LENIHAN COMPAN
20524 EARL STREET
TORRANCE, CALIFORNIA 90503
ING
Company
Lett e r A NEW HAMPSHIRE INS. CO.
pany B
ter
pany C
ter
pany D
ter
pany E
ter
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).
NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
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 City of Newport Beach by
registered mail, attention: Public Works Department.
By 6� c" Agency: ALLEN JAYNE INSURANCE, INC.
Authoriz a esentative January 24, 1983
ALLEN JAYN 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:
BAY FRONT SIDE14ALK REPAIR 2294
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.
h31
Policy
LIMITS OF LIABILITY IN THOUSANDS
000
COMPANY
TYPES OF INSURANCE
Policy
Exp.
g. ro uc s
LETTER
COVERAGE REQUIRED
No.
Date
Each
Completed
Occurrence
Operations
GENERAL LIABILITY
Bodily Injury
$
$
x Comprehensive Form
x Premises - Operations
Property Damage
$
$
x Explosion & Collapse Hazard
A
x Underground Hazard
x Products /Completed Operations
GL80224
Bodily Injury
Hazard
8/8/83
and Property
x Contractual Insurance
Damage Combined
$ 500,
$ 500,
x Broad Form Property Damage
x Independent Contractors
x Personal Injury
Marine
Personal Injury
$ INCL.
Aviation
AUTOMOTIVE LIABILITY
x(] Comprehensive Form
Bodily Injury
$
(Each Person
0 Owned
$
Bodily njury
Each Occurrence
0 Hired
ro ert Dame e
Bodily njury and
0 Non -owned
Property Damage
Combined
$
B
EXCESS LIABILITY
® Umbrella Form
UL1OO1Ol
Bodily Injury
Other than Umbrella Form
818/83
and Property
Damage Combined
$ 1,000,
$1,000,
WORKERS' COMPENSATION
Statutor
ac
C
and
WP82 -11
315
EMPLOYER'S LIABILITY
/11/83
$2,000,
Accident) .
NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
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 City of Newport Beach by
registered mail, attention: Public Works Department.
By 6� c" Agency: ALLEN JAYNE INSURANCE, INC.
Authoriz a esentative January 24, 1983
ALLEN JAYN 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:
BAY FRONT SIDE14ALK REPAIR 2294
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.
h31
CITY OF NEWPORT BEACH
E
COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 15
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 $ each occurrence
Property Damage Liability $ each occurrence
( ) Single Limit
Bodily Injury Liability $500,000 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: BAY FRONT SIDEWALK REPAIR 2294
(Project Title and Contract No.
This endorsement is effective Jan. 24, 1983 at 12:01 A.M. and forms a part of
Policy No. GL 8602249
Named Insured JAMES E. LENIHAN DBA: JAMES E. LENIHAN COMPANY Endorsement No.
NEW HAMPSHIRE INS. CO.
Name of Insurance Company By
Authot,lzed Reps se tative
Page 14
CITY OF NEWPORT IIEACH
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.
(,A Multiple Limits
Bodily Injury Liability
Property Damage Liability
(. ) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
500,000
$^ ��_
each
occurrence
$ 100 , 000
_ __._ _ _
each
occurrence
$ ' each 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: RR frnnt. -94
Project it a an ontrac
This endorsement is effective 2/3/83 "S'f 'f2'?'D1 A.M. and forms a part A£
Policy No. 5587 979
Named Insured James Lenihan Endorsement No.
Narfe of Insurance Company State Farm Insurance By
A— uthofizO Representative
This is to certify that
has in force for
CERTIFICATE OF INSURANCE,
i
XX State Farm Mutual Insurance Company
❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
Name of Policyholder
S
Address of Policyholder
location of operations
the following coverages for the periods and limits indicated below
O
MICHAEL T. FIORE, AgeM
1355 Westwood Blvd., Suite MB
Los Angeles, California 90024
Phone: Bus. 2134743531
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
LIMITS OF LIABILITY
P/U
Jeff. /exp.)
3. 73 Ford
X5597 979
Continuous
Pg Dual Limitsfor:
BODILY INJURY
5. 77 Chev
P/U
Each Occurrence
$ 250,000
Until
5770 088
3/4
CERTIFICATE IS ISSUED
Aggregate
$ 500,000
Cancelled
City of Newoprt Beach
PROPERTY DAMAGE
Y�851 561
psl
Date
Each Occurrence
$ 1Qo 07n
T ova' iirance includes
❑ PRODUCTS - COMPLETED OPERATIONS
(applicable if indicated by ®)
Si &tO 8 h 2iPd
e��spvQative
Aggregate'
$
❑ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY
❑ Combined Single Limit for:
BODILY INJURY AND
PROPERTY DAMAGE
❑ CONTRACTUAL LIABILITY
Each Occurrence
Aggregate
$
$
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
leff.(ex p.l
CONTRACTUAL LIABILITY
(If different than above)
LIMITS
BODILY INJURY
Watercraft
❑
Liability
Each Occurrence
$
❑
PROPERTY DAMAGE
Each Occurrence
$
❑
Aggregate
$
Workmen's Compensation
Coverage
STATUTORY
❑Coverage A
Employer's Liability
Coverage B
$ _
- Coverage B
-Aggregate not applicable if Owners', Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition.
THIS CERTIFICATE OF INSURANCE NEITHER
MHEREIN.Y
0 Ic 1V V �'rP UIEr�S F�C� R S f� �, �Ef $eriFlCleS
COVERAGE POLICY DESCRIBED
respectivelys-A 1. 66 Ford
P/U
2. 60 GM0 Truck
3. 73 Ford
1 /2_ T
L., 70 Chev
Flatbed
5. 77 Chev
P/U
6. 79 Ford
NAME AND ADDRESS OF PARTY TO WHOM
7. 79 Chev
3/4
CERTIFICATE IS ISSUED
City of Newoprt Beach
2/3/83
3300 Newport Blvd.
Date
Newport Beach, Ca.. 92663
Si &tO 8 h 2iPd
e��spvQative
eokr�ucr a, jq
Agent
Title
' ` • Page 16
CONTRACT
THIS AGREEMENT, entered into this day of 19 �,
by and between the CITY OF NEWPORT BEACH, hereinafter "City, an
hereinafter "Contractor, "is }made with
reference to the fol owing facts:
(a) City has heretofore advertised for bids for the following
described public work:
BAY FRONT SIDEWALK REPAIR 2294
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:
BAY FRONT SIDEWALK REPAIR 2294
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 Twenty-
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)
(f) Plans and Special Provisions for
(g) This Contract.
Contract
Page 11
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:
tee.
City Clerk Difaty)
APPROVED AS TO FORM:
?�&4'0 -
ity At o ney
CITY OF NEWPORT BEACH
By
or
CITY
JAMES E. LENIHAN COMPANY
Contractor
By
Its
By
Its
CONTRACTOR
i
i
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BAYFRONT SIDEWALK REPAIR
1982 -83
CONTRACT NO. 2294
INDEX
TO
SPECIAL PROVISIONS
SECTION
PAGE
I.
SCOPE OF WORK . . . . . . . . . . . . .
. . . . . 1
II.
TIME OF COMPLETION . . . . . . . . . . .
. . . . . 1
III.
PAYMENT . . . . . . . . . . . . . . . .
. . . . . 1
IV.
WATER . . . . . . . . . . . . . . . . .
. . . . . 1
V.
CONSTRUCTION DETAILS . . . . . . . . . .
. . . . . 1
A. SEAL BULKHEAD . . . . . . . . . . .
. . . . . 1
B. PRESSURE GROUT PCC SIDEWALK . . . .
. . . . . 2
C. MATERIAL . . . . . . . . . . . . .
. . . . . 2
D. CONSTRUCTION SITE . . . . . . . . .
. . . . . 2
E. RECORDS . . . . . . . . . . . . .
. . . . . 3
I
II
III
• • SP 1 of 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
BAYFRONT SIDEWALK REPAIR
CONTRACT NO. 2294
1982 -83
SCOPE OF WORK
The work to be done under this contract consists of sealing bulkheads and pressure
grouting the existing PCC sidewalk. All work necessary for the proper comple-
tion of the contemplated improvements shall be done in accordance with (1) these
Special Provisions, (2) the Plans (Drawing No. M- 5214 -S), (3) the City's
Standard Special Provisions and Standard Drawings for Public Works Construction
klydz taro onl, ano m the ,)tanaara �,ecirications tor NUDIIC WORKS ConSt
tion (1982 Edition). Copies of the City's Standard Special Provisions and
Standard Drawin s may be purchased at the Public Works Department for Five
Dollars ($5).
TIME OF COMPLETION
The Contractor shall complete all work within sixty (60) calendar days follow-
ing the date of award of the contract. The Contractor shall complete all work
within thirty (30) calendar days following commencement of the specified work.
PAYMENT
The unit price bid for each item of work shown on the proposal shall be con-
sidered as full compensation for all labor equipment, materials, and all other
things necessary to complete the work in place, and no additional allowance
will be made therefor.
Payment for all items of work not separately provided for in the proposal shall
be included in the prices bid for other items of work.
The substitution of securities for any payment withheld in accordance with
Section 9 -3.2 of the Standard Specifications is permitted pursuant to Govern-
ment Code Sections 4590 and 14402.5.
IV. WATER
The Contractor shall make provisions for obtaining and applying water necessary
to perform his work. If the Contractor elects to use City water free of charge,
it shall be his responsibility to make arrangements by contacting the City's
Utilities Superintendent, Mr. Gil Gomez, at (714) 640 -2221.
V. CONSTRUCTION DETAILS
A. SEAL BULKHEAD
The Contractor shall drill holes completely through sidewalks to seal bulk-
head joints within the construction limits from the sidewalk to a depth
g • SP2of 3
of 18 inches below the sand surface at the face of bulkhead. Then the
material specified under "Section C Material" shall be injected through
the sidewalk such that each joint is sealed to prevent further migration
of soil into the channel. Bulkhead sealing shall only be permitted when
the tide height is +3.0 MLLW or less.
B. PRESSURE GROUT PCC SIDEWALK
The Contractor shall subseal and slabjack the sidewalks to eliminate any
difference in elevation of 1/2" or more between adjacent slabs and provide
a smooth walking path. Grout injection holes will be drilled in a pattern
determined by the Contractor, but shall be no greater than 8 feet apart.
They shall not be larger than 2 inches in diameter, drilled vertically and
round. Holes may be washed or blown to create a small cavity, to better
intercept the void structure.
The Contractor shall patch back all holes drilled in PCC sidewalks with a
mortar to a depth equal to the thickness of existing PCC sidewalks, and
finish the surface to match the existing surface. The cost to drill and
patch back grout holes shall be included in the bid item for "Pressure
grout PCC sidewalk" at each location. Pressure grouting shall not be per-
formed during inclement weather.
C. MATERIAL
1. Grout shall consist of a mixture of portland cement, sandy loam (or
mixtures of sand and loam) and water so proportioned and mixed as to
produce a grout material capable of maintaining the solids in suspen-
sion without appreciable water gain, yet which may be pumped readily
and flow evenly through small channels. Siliceous materials, intrusion
agents, or bulk fillers and admixes necessary or desirable to accomplish
the intent of this specifcation may be used with prior approval of the
Engineer. Grout material shall be batched as follows:
a. Portland Cement:
25% of batch weight
500 lb. of Type V or Type II per 1,500 lb, of sand -soil mixture
b. Sand:
65% of batch weight
Sand shall conform to Section 200 -1.5 of the Standard Specifications,
except as to grading. All of the sand shall pass a number 16 sieve,
and the fineness modulus (16, 30, 50, and 100 sieves) shall be be-
tween 1.20 and 2.0 unless otherwise approved by the Engineer.
c. Soil:
10% of batch weight
Specially selected and screened sandy loam with very limited clay
content, free of excessive or injurious organic material.
d. Water:
Fresh and free from deleterious materials or organic material.
SP 3 of 3
D. CONSTRUCTION SITE
During construction, and throughout the entire period of the Contract, the
Contractor shall maintain the premises in an orderly condition, free from
accumulation of waste materials, rubbish and debris. Upon satisfactory
completion of the Contract and before acceptance of the work by the City,
the Contractor shall remove tools, equipment and materials and leave the
work site in a clean appearance.
E. RECORDS
Records shall be kept of quantities and injection pressures at each loca-
tion to the end that reasonable proof of filling all voids can be estab-
lished. A copy of the record shall be furnished to the Engineer.
• 0 PR 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BAYFRONT SIDEWALK REPAIR
CONTRACT NO. 2294
1982 -83
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663 -3884
Gentlemen:
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
202 Seal bulkhead joints
Each @ �� G
/ /t �� Dollars
and
Cents
Each $ .3(
2. 7,500 Pressure grout PCC sidewalk on
Square Feet Balboa Island
@ �c- Dollars
and
Cents $ 2. -S __V $ �c`� `�� d
Per Squar Fo t
TOTAL PRICE WRITTEN IN WORDS:
C �/ 2�766'6
Contractor's Lic. No. & Classification
Date
Bidder's lelephone Number
" �ollars
and /
Cents $ �2
Bidder
AuthoriZe Signature /Title
Bidder's Address
✓7_
r e d -o-�
• . 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.
C- f f oZ.S10�,
Contr's Lic. No. & Classification
Date
Bidder
Au"ized Signature /Title
• • Page 3
DESIGNATION OF SUBCONTRACTORS)
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 W6 ti.,
2.
3.
4.
5.
6.
7.
S.
9.
10.
11.
12.
Bidder
(Aifthorized Signature /Title
• . Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, JAMES E. LENIHAN CO. , as bidder,
and . FREMONT INDEMNITY COMPANY as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
TEN PERCENT OF THE AMOUNT BID IN--------------- -- -- - - - -- Dollars ($- -10% of -Bid),
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
BAY FRONT SIDEWALK REPAIR, 2294
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 loth day
of December , 19 82 .
JAMES E. LENIHAN CO.
Bidder
(Attach acknowledgement of
Attorney -in -Fact) , d
By
Aut o ized Signature /Title Sole owner
! FREMONT INDEMNITY COMPANY
By
M. S. Butler, Attorney -in -Fact
Title
i� FRAAONT INDEMNITY QOMPANY
HOME OFFICE — LOS ANGELES, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BI' THESE PRESENTS:
That, FREMONT INDEMNITY COMPANY, by WILLIAM JONES, JR.
its Vice President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called
and held on the 18th day of February. 1972, which said Resolution has not been amended or rescinded and of which the following is a
true, full and complete copy:
"RESOLVED: That the President or any Vice - President may from time to time appoint Attorneys -in -Fact to represent and
act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or Executive
Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her, and be it
further
"RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the
Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or under-
takings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and
sealed and attested by the Secretary-"
does hereby nominate, constitute and appoint M.S. BUTLER
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed:
ANY AND ALL BONDS AND UNDERTAKINGS
IN WITNESS WHEREOF the said Vice President has hereunto subscribed his name and affixed the
corporate seal of the said ..FREMONT INDEMNITY COMPANY, this 12th day of March A.D., 19 79
FREMONT.INDEMNITY COMPANY
By
STATE OF CALIFORNIA Vice Preside t William nes, Jr.
COUNTY OF LOS ANGELES }�
On this I 2th - day of March A.D., 1979, before the subscriber, a Notary Public of the State of
California, in and for the County of Los Angeles, duly commissioned and qualified, came the above named Vice -„
President, of FREMONT.INDEMNITY COMPANY , to me personally known to be the individual and officer described in and who
executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith,
that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of
the Said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation. - ..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the tty of Los An eles, the day and year
first above written. _
,._- C:fIC1AL SEAL
��- NAiJCY L. OKAh10TO
(SEAL) ntnaer Puauc - cauroRNiA
. Xl LOS ARCHES Cc11NTV (/ ry Pub c
my Comcissian. faPacS Aug. 13. 1982
Y I, the undersigned, Assistant Secretary of FREMONT.INDEMNITY COMPANY, do hereby certify
that the original POWER OF ATTORNEY, of which the foregoing is a full, _true and correct copy, is in full force and effect.
i IN WITNESS WHEREOF, I have hereunto subscribed my name as -. Assistant Secretary, and affixed
the Corporate Seal of the Corporation, this .. 10th day of December , . 1982 "
Assistant Secretary Robert S. Stein
PCS-GR 15/721
& )
j
\�
2
{
« \
«.3
))
\0
u
? \
\ \
2
(\
)`
3
\
\
\
§
\
\/(
\ \�
)
\/j\
\ \\
H
/u
E5
/7 §e
}j))
§\\&
) \$/
ƒ)2\
\\�
! ®{®
3)$7
\( §}
3u E!
�\:\�
2 /( /!
uj I
�)Z< §
<.
2£`( k
k )
. -AP a
\
pu
)
\
e:�
}
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.
Subscribed and sworn to before me
this 10th day of December
19 82
My commission expires:
April 18, 1984
J re E. Lenihan
t .- .._... -. l=1
1 - t!A I ORMA
IN
� 7 E Cl aN
E.,y. Ap 18, 1984
0 0 Page 6
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
A o ized ignature /Title
0
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
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.
z.
OrIg
IT (= . L--0.-'r
Au�o ized Signature /Title
0
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: BAYFRONT SIDEWALK REPAIR (C -2294)
C- cagy
January 10, 1983
CITY COUNCIL AGENDA
ITEM NO. F :3(fcr_�
JAH1n 1983
RECOMMENDATION: BY the CiT. COUNCIL
CITY OS 7 —ORT Q6ACH
Award Contract No. 2294 to James E. Lenihan Co. for $24,810 and
authorize the Mayor and the City Clerk to execute the Contract.
DISCUSSION:
At 11:00 A. M. on December 10, 1982, the City Clerk opened and read
the following bids for this project:
Bidder
1. James E. Lenihan Co., Torrance $24,810
2. R. E. Lenihan Int'l., Huntington Beach 26,372
3. Hunt Contracting Company, S. El Monte 28,302
4. Del Val Inc., Portland, Oregon 31,334
The low bid is 29% below the Engineer's estimate of $35,000. Adequate
funds are provided under Budget No. 02- 4197 -246.
James E. Lenihan, the low bidder, is a qualified contractor that has
sucessfully completed similar contracts for the City.
The project provides for the sealing of bulkhead joints and the filling
of voids under the concrete sidewalk at locations shown on the attached Exhibit A.
This process consists of pumping a cement -sand slurry along the bulkhead joints to
stop the migration of sand from behind the bulkhead into the channel. Additional
slurry will be pumped under the concrete sidewalk until the voids have been filled
and a stable foundation for the sidewalk has developed.
Bid documents were prepared by the Public Works Department. All work should
completed by March 10, 1983.
L
Benjamin B. Nolan
Public Works Director
SJL:rb
Att.
CITY OF NEWPORT BEACH P7, DATE
PUBLIC WORKS DEPARTMENT APPROVED
BAYFRONT SIDEWALK REPAIR I -
C_2294 DRAWING NO. " EXHIBIT A
( 2015.5 C.C.P.)
STATE OF C:AiT <`R?y1A
Ccunty of Orange,
I c,m a citizen of tha Umti d States and a -csa? cf the
Ccunty aforesaid; I am over the r: �_oe of
and not a party to or interested to the
matter. I am the principal clerk of the pun'er cI the
Newport Harbor Ensign newspaper of aener.>_t ; ircula-
tion, printed and published weekly in the city of
Nev:port Beach, Ccunty of Orange, and which
Paper has has been adjudged a newspaper ci aenerel
circulation by the Superior Court of the Cot.niv 1-f Or-
ange, State of California, under the date of f, 11y 14,
1951, CASE NUMBER A -20178 that the E1Qtice, of
which the annexed is a printed copy (set is t pe not
smaller than nonpareil) has been published ir. each
regular and entire issue of said newspaper and act in
any supplement thereof on t?-,a following date, to -wit.
I certify (or declare) under penalty of perjury t1;dt the
foregoir;g is true and correct. Dated at Nev.port
Beach, California, this ( day of ;V of . 19 �2_,
Signature
THE NE-WORT ENSIGN
2721 E. Coast H,.-.-y , Corona de.i Mar, California 92625-
Gina
Proof of Puchcahcn cf
LIM
Paste Lipping of
Notice
SECURELY
In Chis Space
PROOF OF PUBLICATION
7- 4095NG -O
0
TO: CITY COUNCIL
NOV 22 1982
0y the CITY COUNCIL.
CITY OR W*11 NT pitiCH
FROM: Public Works Department
SUBJECT: BAYFRONT SIDEWALK REPAIR (C -2294)
RECOMMENDATIONS:
1. Approve plans and specifications.
11
November 22, 1982
C - ;k3q `q
CITY COUNCIL AGENDA
ITEM NO. (- -(�rl
2. Authorize the City Clerk to advertise for bids to be
opened at 11:00 A.M. on December 10, 1982.
DISCUSSION:
The project provides for the sealing of bulkhead joints and the fill-
ing of voids under the adjacent concrete sidewalk. The work consists of pump-
ing a cement -sand slurry into the bulkhead joints and under the sidewalk
until the joints have been sealed and the voids filled. Changes in the side-
walk grade are not included.
The repairs should reduce the migration of sand from behind the
bulkhead into the channels and stop further settlement of the sidewalk panels.
The estimated cost of the work is $35,000. Funds are available in
Account No. 02- 4197 -246.
The plans and specifications were prepared by the Public Works
Department. The contract requires completion of all work by February 20, 1983.
The location of the project is shown on the attached sketch.
Benjamin B. Nolan
Public Works Director
SJL:jd
Att.
H
�7r
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BAYFRONT SIDEWALK REPAIR
C- 2294
DRAWN J r" ( DATE
APPROVED /---
DRAWING NO."EXHIBIT A°