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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°