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C-2315 - Santa Ana Avenue Mudjacking
"Jo � CITY OF NEWPORT BEACH P.O. BOX 1768,NEWPORT BEACH, CA 92663 -3884 September 7, 1982 James E..Lenihan Co. 20524 Earl Street Torrance, CA 90503 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Surety: Fremont Indemnity Co. Bonds No.: B 051949 Project: Santa Ana Ave. Mud Jacking Contract No.. C -2315 The City Council on August 9, 1982 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bond 35 days after the Notice has been recorded. The Notice of Completion was recorded with the Orange Co. Recorder on August 20, 1982, Reference No. 82- 293483. 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 File 3300 Newport Boulevard, Newport Beach R Pti �qpD A , Please return to: City Clerk City of Newport Beach 3300 Newport Blvd. P.0, Vex 168 1Je,wpor'Y13e ch Ci°:9 ?,.663,3$64 N� Gig' °IV.i 82- 293483 .ea".„ c+a«rwn.m code Olin EXEMPT I J w `"l N t WUNIT, MIFORNIA C12 -13o PM AUG20'82 NO'T'ICE OF COMPLETION PUBLIC WORKS I o All Laborers and Material Men and to Every Other Person Interested YOU WILL PLEASE TAKE NOTICE that on August 9, 1982 the Public Works project consisting of Santa Ana Avenue Mud Jacking (C -2315) — on which James E. Lenihan Company, 20524 Earl Street, Torrance, CA 90503 was the contractor, and Fremont Indemnity Company was the surety, was completed. JC TY OF NEWPORTT�BFFACH I Q!'Z Pub is Works Director VERIFICATION I, the undersigned, say: I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 13, 1982 at Newport Beach, California. Public 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 August 9, 1982 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 August 13, 1982 at Newport Beach, California. i City Clerk 0 CITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 93663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 August 16, 1982 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Enclosed for recordation are three Notice of Completions of Public Works projects consisting of: 1. Santa Ana Avenue Mudjacking, Contract No. 2315 on which James Lenihan Co. was the Contractor and Fremont Indemnity Co. was the Surety. 2. Miscellaneous resurfacing and reconstruction 1981 -82, Contract No. 2300 on which Sully - Miller Contracting Co, was the Contractor and Seaboard Surety Company was the Surety. 3. 1981 -82 Sewer Main Replacement Program, Contract No. 2200 on which George Dakovich & Son, Inc, was the Contractor and Covenant Mutual Insurance Company was the Surety. Please record and return to us. Sincerely, Wanda E. Andersen City Clerk WEA:lr encs. 3300 Newport Boulevard, Newport Beach 0 • CITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 April 19, 1982 James. E. Lenihan Company 20524 Earl Street Torrance, CA 90503 Subject: Bid Bond for Contract No. 2315, Santa Ana Mud Jacking Enclosed you will find your Bid Bond for this project. Bid Bond was in the form of a Cashiers Check No. 2677102. Sincerely, Wanda E. Andersen City Clerk WEA:lr cc: Steve Luy /Public Works 3300 Newport Boulevard, Newport Beach CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, %:. 92663 until 11:00 A.M. on the 25th day of Fe�bruaarry -,.; 1982,` t which time such bids shall be opened and read for SANTA ANA 2315 Contract No. $16,800 Engineer's Estimate Ze Approved by the City Council this 8th day of February , 1982. r� 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. Luv at 640 -2281. Project Engineer. I • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA AVENUE MUD JACKING CLIFF DRIVE SOUTHWEST 400 FEET CONTRACT NO. 2315 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: U01 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2315 in accor- dance with the Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place to wit: ITEM QUANTITY NO. AND UNIT UNIT PRICE WRITTEN WORDS PRICE PRICE 10,500 Backfill and raise PCC Pavement Square Feet @ non Dollars and Fifty Cents $ 1.5n $15,75n nn Per Square Foot TOTAL PRICE WRITTEN IN WORDS: Fifteen thougand c van hindrad and fifth Dollars and Cents $ 15,750_00 No. 257006 Contractor's License No. & Classification Bidder's Name �. NVoTOFSWAAM Bidder's Address 20524 Earl Street. Torrance A 9050 Bidder's Telephone No. 213 - 542 -4337 uthorized Signature /Title i • 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. No. 256 C -61 Cont r's Lic. 700 No. & Classification February 25. 1982 Date James E. Lenihan Company Bidder S /James E. Lenihan Authorized 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. NONE 2. 3. 4. 5 6. 7. 8. 9. 10. 11. 12. James E. Lenihan Company Bidder S /James E. Lenihan Authorized Signature Tit e • • Page 4 (CASHIERS CHECK RECEIVED IN LIEU OF) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, as bidder, and as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of 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 day of , 19 . (Attach acknowledgement of Attorney -in -Fact) 0 Title Bidder Authorized Signature /Title Surety 0 Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 25th day of February 19 My commission expires: M-74=10 1M James E. Lenihan Company S /James E. Lenihan Authorized Signature /Title S / Barbara A. Ziegler Notary Public 16 ORIGINAL SEE CITY CLERK'S FIt COPY 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. ON FILE WITH CITY CLERK James 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. 1981 L. A. City Dept Streets Bill Simonsen 1982 Norcross Constr.. San Diego Jose Garcia 1981 U. S. Navy Mr. Sullivan James E. Lenihan Company Bidder S1James E. Lenihan Authorized Signature /Title • i 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 Ratin9 Guide: Property - Casualty. Coverages shall be provided for a TYPES 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 PAYMENT BOND BOND NO. B 051949 Premium included in charge for Performance Bond KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 8, 1982 has awarded to _James E. Lenihan Company hereinafter designated as the "Principal ", a contract for Santa Ana Avenue Mud Jacking Cliff nriva Rnuthwpst 4nO Faet (C -9315) 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 CO. as Principal, and FREMONT INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of SEVEN THOUSAND EIGHT HUNDRED SEVENTY -FIVE AND NO /100 - - -- Dollars ($ 7,875.00 - 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 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon i J • Payment Bond (Continued) • Page 10 this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the lath day of March , 19 82 . Approved as to form: 01-4v-2 L City Attornky JAMES E. LENIHAN CO. (Seal) Name of Contractor Principal By t Aut o ized Signature and Title Sole owner Authorized Signature and Title FREMONT INDEMNITY COMPANY (Seal) Name of Surety 1709 West Eighth St., Los Angeles, Cal. 90017 By Signature an it of uthorized Agent Allen ne, rney -in -Fact 1833 Wes is Blvd., Los Angeles, Cal. 90006 213 -382 -6331 Telephone No. of Agent t 7 !a . ! »\ 2142 f VA \ \ } \ §) @r ± §$\ ; ®\e ,! 7 \ \� \ }� \ \)\ \� \ ( \ \\ ;ƒ } \ \ \ \ r tn 2 7 j �\ \ � �\ \ m \ /� � } } \� \ / / \ } ƒ ( ; E»ee . #E`•�r k l`�� � @2 )( ) / / ? ct »� } � \ } / } } � \ \ / ( i § > / /} ti 9A 0 0 ! }§ \ ±I 2 ((m} , no L LO (0 / (E? @2 )( ) / / ? ct »� } � \ } / } } � \ \ / ( i § > S Page 11 BOND NO. B 051949 FAITHFUL PERFORMANCE BOND PREMIUM: $169.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 8, "1982 has awarded to James E. Lenihan Company hereinafter designated as the "Principal ", a contract for Santa Ana Avenue Mud Jackina Cliff Drive Southwest 400 Feet (C- 2315)_ 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 Co. as Principal, and FREMONT INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of FIFTEEN THOUSAND SEVEN HUNDRED FIFTY AND NO /100------ - - - --- Dollars ($15,750.00 ------ , 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 all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice 0 Faithful Performance Bond (Continue Page 12 of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the 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 18th day of March 19 82 Approved as to form: # ity Attorney JAMES E. LENIHAN CO. (Seal) Name of Contractor Principal) Aut rj zed Signature and Title Sole owner Authorized Signature and Title FREMONT INDEMNITY COMPANY .(Seal) Name of Surety 1709 West Eighth St., Los Angeles, Cal. 90017 Addr of Surety B Sig to T' ut orized Agent Allen Ja e, to ney -in -Fact 1833 West Olympic Blvd., Los Angeles, Cal. 90006 Address of Agent 213 - 382 -6331 Telephone No. of Agent INDEMNITY C&IPANY HOME OFFICE — LOS ANGELES, CALIFORNIA I� POWER OF ATTORNEY i KNOW ALL MEN BY TIIEST PRESENTS: Thal, 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 lime appoint Attorneys -in -Fact to represent and act for and on behalf of [lie Company, and either the Pnsid� lit or any Vi, r- President, the Board of Directors or Executive COminitteC may at any time rCmUie suC.h Allorn:ys in Fail and rt'vnke. the Pnwrr of Attnrnry given him or her; and be it further RESOLVED: That the. Altunu :Vs -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- uuderlakinrs as Ibe bodies. <of Ihr Company may ri - quire, and any such bonds or under- takings executed by any such :ltlunu:y -in -Fact shall be, a> hinding upon the Company as if signed by the President and sealetl and allesled by the Secretary." does hereby nominate, constitute and appoint ALLEN JAYNE its true and lawful Attorney -in -Fact, to make, execute, seal and (](lives for and on its In half, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS IN WITNESS WHEREOF the said Vice President has lwrcunlo subscribed his name and affixed the corporate seat of the said FREMONT INDEMNITY COMPANY, this I2th daN of March A.D., 19 79 F'HEMONT INDEMNfI'Y COMPANY STATE OF CALIFORNIA Vice President i Iiarn JO , Jr. COUNTY OF LOS ANGELES f On this 12th day of March A.U., 1979 , before the sahscriber, 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 personaddy kno »n to he 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 (lie said officer of the Corporation aforesaid, and that the seal affixed to the preceding ins runicnl 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, 1 have hereunto set my hand and affixed my Official Seal, at thCCity of Los Angeles, file day and year first above written. Lj� NANCY L. OKAMOTO S!!! dl� NUTARY I'UaIIC Cl•LII OFYIA 7 (SEAL) t l` os nuctlts couralr _�__ � 1�— L; fit:' Ny Commisvoa Expiici nog. 13, 1982 n� u ry' P u -GY�C l; the undrrsigned, 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. IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Assistant Secretary, and affixed the Corporate Scal'of the Corporation, this, 18th day of March 19 82 7 Assistant Srcretnry Robert S. Stein PCS -63 (5/72) sr C� "I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self- insurance before commencing any of the work." Date ignature is . Ira LkTIFICi;IE HOl DER ' City of Ne�aport Beach 3300 P,e.aport Boulevard N- ,:port Beach, CA 92663 FAME AND ADDRESS OF INSURED _JAMES _E._LAMES ENIHAN DBA_ JAMES E._LENIHA_N CO., and /or J E. !ENIHAN CO., INC. _20524 EARL STREET INSUP.A.NCE COY,?ANIES AFFORDING COVERAGES Company A NEW HAMPSHIRE Letter Letter B ASSOCIATED INTERNATIONAL INS. Letter FREMONT INDEMNITY CO. — — -- - - - - -- - - -- - -- Company D Letter company E TORRANCE,..CALIFORNIA. -_ 90503_ Letter This is Lo certify that policies of insurance listed below have been issued to the insured rai-d above ano are in force at this time, including attached endorserent(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: n � Agency: ALLEN JAYNE INSURANCE, INC. � Authorizeb epresentative 3-iy -s Z Date Issued 3/19/82 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: i SANTA ANA AVENUE MUD JACKING 2315 Project Title and Contract Number 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. ff Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. g. ro ucts/ LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Of- erations GENERAL LIABILITY Bodily Injury $ $ Comprehensive Form A x Premises - Operations GL 02 -06 -9 8/8/82 Property Damage $ $ X Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury Hazard 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 Q Owned $ Bodily Injury (Each Occurrence) Property Damage $ Q Hired Bodily Injury and ❑x Non -owned Property Damage Combined $ EXCESS LIABILITY B ® Umbrella Form UL 100101 8/8/82 Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ 1,000, $1,000, WORKERS' COMPENSATION Statutory C and WP EMPLOYER'S LIABILITY 81-111315 6/11/8 $2000 , , ac 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: n � Agency: ALLEN JAYNE INSURANCE, INC. � Authorizeb epresentative 3-iy -s Z Date Issued 3/19/82 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: i SANTA ANA AVENUE MUD JACKING 2315 Project Title and Contract Number 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. ff E 0 Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT it is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ (X) Single Limit each occurrence 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: SANTA ANA AVENUE MUD JACKING 2315 Project Title and Contract No. This endorsement is effective 3/18/82 at 12:01 A.M. and forms a part of Policy No. GL 802 -06 -93 Named Insured JAMES E. LENIHAN DBA: JAMES E. LENIHAN CO, and /or Endorsement No. JAMES E. LE INC. i Name of Insurance Company NEW HAMPSHIRE By Authorized Rfpre entative PR 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA AVENUE MUD JACKING CLIFF DRIVE SOUTHWEST 400 FEET CONTRACT NO. 2315 1981 -82 ' PROPOSAL To the Honorable City Council City of Newport Beach + 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 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 Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2315 in accor- dance with the Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place to wit: ITEM QUANTITY NO. AND UNIT UNIT PRICE WRITTEN WORDS PRICE PRICE 1. 10,500 Backfill and raise PCC Pavement Square Feet @- -3� C� Dollars and Cents $ Per Square Fo t T TOTAL PRICE WRITTEN IN WORDS: , ollars and Cents No. 257006 C -61 James E. Lenihan Com n Contractor's License No. & Classification Bidder's Name Date Febniary 25, 1982 �- -- (Authorized Signature /Title) , Bidder's Address 20524 Earl SC Torrance CA 90503 Bidder's Telephone No. 213 -542 -4337 I z • • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT it is agreed that: 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. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ _ each occurrence 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: _ _ - -Project Title and Contract No_ . �. This endorsement is effective at 12:01 A.M. and forms a part of Policy No. Named Insured Endorsement No. Name of Insurance Company_ By Authorized Representative • • CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 14 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. (k ) Multiple Limits Bodily Injury Liability Property Damage Liability ( .) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ OC��nc?o each occurrence $ 61 S-00 each occurrence -r 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: (Project Title and Contract No.). This endorsement is effective 2 )— at 12:01 A.M. and forms a part of Policy No. 5-587 `72Q �r o S7-7 5 -770 ogoO� Named Insured 5 7 A O 3� Endorsement No. Dare of Insurance Company STATE rAgM By rJ<CLL Authorized Representative k 7 :: w . � «& } {) | f §7i� / k &� , } 7 \ / [ { �° i� § \R �® \& \ \'0 ®E ®z \E \$ \} � n /§$ \( \\ ( } §( � // ) ƒ� i� &0 »a \( ) ( \ ( > 2 ) % o !� / ( \ m > 71 D tz § } \ \ ( � 2 2 This is to certify that has in force for location of operations • CERTIFICATE OF INSURANCIO XX State Farm Mutual Insurance Company ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois James Lenihan Compan Name of Policyholder 20524 Earl Street Address or Polcyholder Torrance. Ca. 90502 the following coverages for the POLICY NUMBER 5587 979 702 577 5770 0 82 2 5851 561 5931 632 The above insurance includes (applicable if indicated by © I POLICY NUMBER and limits indicated below. TYPE OF INSURANCE I POLICY PERIOD Jeff. /exp.) Continuous untill PRODUCTS- COMPLETED OPERATIONS OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY TYPE OF INSURANCE ❑Watercraft Liability Workmen's Compensation ❑Coverage A Employer's Liability - Coverage B MICHAEL T. FIORE, Agent 1355tNeshvoOd BIVd. 42C8 LOS Angeles. California 90024 Phone: Off. 213 474 -5531 LIMITS OF LIABILITY C9 Dual Limits for: BODILY INJURY Each Occurrence $ _'2. 50, 000 Aggregate $ K no r 0 0 0 111 PROPERTY DAMAGE Each Occurrence $ Aggregate` $ 100,000 ❑ Combined Single Limit for: BODILY INJURY AND 4. PROPERTY DAMAGE Each Occurrence - $ Aggregate $ CONTRACTUAL LIABILITY LIMITS Iff different than above) BODILY INJURY Each Occurrence $ PROPERTY DAMAGE Each Occurrence $ Aggregate $ Coverage A STATUTORY Coverage B $ Aggregate not applicable if Owners', Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. Policy #Is Re these Vehicles Respectively 111 60' GMC Truck 2. 73' 2 T 3. 70' Chev flat bed 4. 77' Chev Pickup 5. 79' Ford Courier NAME AND ADDRESS OF PARTY TO WHOM 6 79' Chev 3/4 T CERTIFICATE IS ISSUED r (— City of Newport Beach 3300 Newport Blvd. [ye�5 t Beach, Ca. 92663 # � Santa Ana Avenue Mud Attenl Steve Luy. L F6 -994.4 "' : "< 4/5/82 Oate .� Jacking �*= J�T%j�, -� NsL�a3d}�,l AtRmr g�sentative _f AGENT Title • • Page 16 CONTRACT THIS AGREEMENT, entered into this %Q7t a day of 1 , 19 0o� by and between the CITY OF NEWPORT BEACH, hereinafter "CiTy,Y and James E. Lenihan Company hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: SANTA ANA AVENUE MUD JACKING CLIFF DRIVE SOUTHWEST 400 FEET C -2315 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: SNATA ANA AVENUE MUD JACKING CLIFF DRIVE SOUTHWEST 400 FEET C -2315 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 Fifteen thousand seven hundred and fifty dollars and no cents ($75170—. 6(—). 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) • Page 17 Plans and Special Provisions for CLIF f) DRIVE SOUTHWEST 400 FEET Title of Project (g) This Contract. SANTA ANA AVENUE MUD JACKING ntract No. 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: 1 City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH M i / '1 James E. Lenihan Company Contractor By J—cuLw Its U By Its CITY CONTRACTOR CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 DATE: April 12,-1982 Alta- �(�t)v TO: FINANCE DIRECTOR PUBLIC WORKS FROM: City Clerk SUBJECT: Contract No. 2315 Description of Contract Santa Ana Ave. Mud Jacking Effective date of Contract Al Authorized by Resolution No. 82 -33 Contract With James E. Lenihan Com Address 20524 Earl Street Torrance, CA 90503 Amount of Contract $15,750.00 Wanda E. Andersen City Clerk WEA : 1 r 1 12, 1982 , adopted on Mar. 8, 1982 City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • C -c.31,5 NJ August 9, 1982 CITY COUNCI V GENDA ITEM NO. �t� TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ACCEPTANCE OF SANTA ANA AVENUE MUDJACKING (C -2315) AUG 09 1982 By tha CITY COUNCIL RECOMMENDATIONS: CITY OF It:WPORT BEACH 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the mudjacking of Santa Ana Avenue has been com- pleted to the satisfaction of the Public Works Department. ment. The bid price was $15,750.00 Amount of unit prive items constructed 15,750.00 Amount of change orders None Total contract cost 15,750.00 The design engineering was performed by the Public Works Depart- The contractor is James E. Lenihan Co. of Torrance, California. The contract date of completion was April 7, 1982. Due to a strike by the Teamsters' Union, the contractor did not start mudjacking until June 14. The work was completed by July 9, 1982. a '41 V Benjamin B. Nolan Public Works Director GPD:jd CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA AVENUE MUD JACKING CLIFF DRIVE SOUTHWEST 400 FEET CONTRACT NO. 2315 INDEX TO SPECIAL PROVISIONS Section Page I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 II. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 1 IV. WATER . . . . . . . . . . . . . . . . . . . . . . . . 1 V. DISPOSAL PERMIT . . . . . . . . . . . . . . . . . . . 1 VI. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . 2 A. TRAFFIC CONTROL PLANS . . . . . . . . . . . . . . 2 B. "NO PARKING" SIGNS . . . . . . . . . . . . . . . . 2 VII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . 3 A. BACKFILL AND RAISE PCC PAVEMENT . . . . . . . . . 3 B. MATERIAL . . . . . . . . . . . . . . . . . . . . . 3 C. CONSTRUCTION SITE . . . . . . . . . . . . . . . . 3 D. RECORDS . . . . . . . . . . . . . . . . . . . . . 4 E. MISCELLANEOUS PCC REPLACEMENT . . . . . . . . . . 4 0 U r r- I • SP 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SANTA ANA AVENUE MUD JACKING CLIFF DRIVE SOUTHWEST 400 FEET CONTRACT NO. 2315 I. SCOPE OF WORK The work to be done under this contract consists of backfilling and raising the existing PCC pavement. All work necessary for the proper completion of the con- templated improvements shall be done in accordance with (1) these Special Pro- visions, (2) the Plans (Drawing No. R- 5447 -S), (3) the City's Standard S ecia1 Provisions and Standard Drawin s for Public Works Construction 1g80 Edition , and 4 the Standard Specifications for Public Works Construction (1979 Edition), including supplements to date. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars 5 . II. TIME OF COMPLETION The Contractor shall complete all work within thirty (30) calendar days following the date of award of the contract. The Contractor shall complete all work within twenty (20) calendar days following commencement of the specified work. III. PAYMENT The unit price bid for the item of work shown on the proposal shall be considered 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. The Contractor shall be paid only for those areas of the roadway that can be mud jacked to conform to the Plans and Specifications. 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. DISPOSAL PERMIT Prior to dumping any excess or waste material from the job site at any County sanitary landfill site in the County of Orange, the Contractor may obtain a "Permit to Dispose of Demolition" from the City's Public Works Department at (714) 640 -2281. There is no charge for this permit. • SP2of4 VI. TRAFFIC CONTROL AND ACCESS The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications except as modified herein, and with the standards contained in the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. A. TRAFFIC CONTROL PLANS The Contractor shall submit written traffic control plans to the Engineer for his approval a minimum of two (2) working days prior to commencing any work. The plans shall incorporate the following: 1. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the motorists. 2. A complete and separate plan for each stage of construction proposed by the Contractor showing all items listed under 1. above. 3. Reopening of all traffic lanes upon completion of each day's work. B. "NO PARKING" SIGNS The Contractor shall furnish, install, and maintain in place "NO PARKING" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. The signs shall (1) be made of white or buff card stock; (2) have minimum dimensions of 15 inches wide and 18 inches high; (3) be lettered in red except for the day and date of work; and (4) conform to the dimensions shown as follows: TEMPORARY v TOW AWAY 6 A.M TO ZONE Ai GPM. -T C.VC. 22652 Q —�3F%a NEWPORT BEACH POLICE DEPT. 673 -22 11 3 . SP3of4 VII. CONSTRUCTION DETAILS BACKFILL AND RAISE PCC PAVEMENT The Contractor shall backfill and raise the pavement as shown on the plan in order to provide a smooth roadway and minimize existing displacements in the pavement. The difference in elevation of the roadway slabs at any joint or crack shall not exceed 1 /100of a foot after being backfilled and raised. The Contractor shall patch back all holes drilled in PCC pavement to a depth equal to the thickness of existing PCC pavement, 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 "Backfill and raise PCC pavement." MATERIAL Backfill 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 backfill material capable of maintaining the solids in suspension 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 specification may be used with prior approval of the Engineer. Backfill material shall be batched as follows: EM c. Portland Cement: 20% of batch wei.ght 400 lb. of Type V or Type II cement per 1,600 lb. of sand -soil mix- ture Sand: 70% 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 between 1.20 and 2.0 unless otherwise approved by the Engineer. Soil. 10% of batch weight Specially selected and screened sandy loam with very limited clay content, free of excessive or injurious organic material. Water: Fresh and free from deleterious materials or organic matter. 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. D. RECORDS 0 SP 4 of 4 Records shall be kept of quantities and injection pressures at each location to the end that reasonable proof of filling all voids can be established. A copy of the record shall be furnished to the Engineer. E. MISCELLANEOUS PCC REPLACEMENT It shall be the City's responsibility to replace any PCC pavement, at no cost to the Contractor, that cannot be mud jacked into place to pro- vide a smooth roadway. The City shall also be responsible for replacing any driveways which have been adversely affected by the adjustment of the roadway. 0 "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." ignature i; , CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SANTA ANA AVENUE MUD JACKING CLIFF DRIVE SOUTHWEST 400 FEET CONTRACT NO. 2315 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 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 Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2315 in accor- dance with the Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place to wit: ITEM QU N I Y NO. AND UNIT UNIT PRICE WRITTEN WORDS PRICE PRICE 1. 10,500 Backfill and raise PCC Pavement Square Feet Dollars and 'u Cents $ �Z" $ l �� 73 Z J Per Square Fo6t , TOTAL PRICE WRITTEN IN WORDS: , and I Ze Cents $ � .7-) �1 ) N 257006 C -61 James E. Lenihan Com n Contractor's License No. & C assification Bidder's Name Date February 25, 1982 J+' Authorized Signature /Title Bidder's Address 20524 Earl St. Torrance CA 90503 Bidder's Telephone No. 213- 542 -4337 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. .lames E _ I. _n i han Company Bidder Alit orized Signature /Title • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL. form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. No. 257006 C -61 Contr's Lic. No. & Classification February 25, 1982 Date James E. Lenihan Company Bidder u orized 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 1. v' 2. 3. 4. 5. V 7. 8. 9. 10. 11. 12. .iam c _ i. nihan Company Bidder Au rized Signature /Title J FREWNT INDEMNITY CMPANY HOME OFFICE — LOS ANGELES, CALIFORNIA POWER ON ATTORNEY - KNOW ALL MEN PRESENTS: . 'That; FREMONT INDEMNITY COMPANY, by WILLIAM JONES, JR. its Vice President, in pursuance of authority grant,-d by Rewlution of its Board of Direrlors at a meeting called and held on the 1 Rtb day of February, 1972, which said Resolution has not been amended or rrscindrd and of which the following is a true, full and complete copy: -: "RESOLVED: That the President or any Vice - President may from time to lime appoint AItorneys -in - Fact to represent and act for and on behalf of the Company, and either the President or any Vir,r Pre,Mcnt, the Board of Directors or Executive Committee_ may at any time remove such Attorneys -in -Fact and rivoke the Power of Allornry given him or her; and be it further •'RESOLVED: - -Thal ihisAllonu:y s -iu -Fact may be given hill puwrr to execute for and in the. name of and on behalf of the Company any and all bond: and uudcrlakings as Ilm busim:s <of the Company may rc,luirc, and any such bonds or under - takings executed by any such Attonmy -in -Fact shall he as binding upon the Company as if signed by the President and scaled and attested by the Secretary.- does hereby nomninale, conslitule and appoint ALLEN JAYNE its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as surely, and as its act and decd: ANY AND ALL BONDS AND UNDERTAKINGS IN ti'ITNF,SS WHERFOF the said Vice President has ILcrcunlo subscribed his name and affixed the corporate seal of the said FREMONT INDEMNI'T'Y COMPANY, this 12th- Jar of March _ A.D., 19 79 . ` FREMONT INDEMNITY COMPANY 13y STATE OF CALIFORNIA Vice President i Iiam Jo Jr. COUNTY OF LOS ANGELES On this 12th day of March A.D., 1979 . before the subscriber, a Notary Public of the State of California, in and for the Count), of Los Angeles, duly commissioned and qualified, carne 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 Seat 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, 1 have hereunto set my hand and affixed my Official Seal, at the City of Los Angeles, the day and year first above written. SEAL NANCY L. OKAMOTO �• 0.2�; NO1M1Rr t'U3tIG CM1CII ORYtA �� . / , ; �- s;. l05 ANGEICS COUNTY L ^" try Coinmizsion &.pirta Aug. 13, 19$2 ' o ry Pit r 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. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the Corporate Seal'of the Corporation, this 18th day. of March 19 82. A ssisiant Srcreiayy Robert S. Stein PCS-63 (5L72)r. � ... .�- . _ ._.. .. ...._- ...- ._,._...... r. NON- COLLUSION AFFIDAVIT Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to efore me 19 day of^ � My commission expires: James E. Lenihan Company Bidder Authorized Signature /Title w Notary Pu OfiFICIAL SEAL BARBARA A. ZIEGLER �r N07ARY PU3L C - CAUFO Rf,JA 11 •e:_:;;L' h!, cam. cn;i�zz SE? 10, 1 ^:2' James E. Lenihan Company Bidder Authorized Signature /Title w Notary Pu 9 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. 1981 L. A. City Dept Streets Bill Simonsen 1982 Norcross Constr. San Diego Jose Garcia 1981 U. S. Naves Mr. Sullivan James E. Lenihan Company Bidder thorized Signature /Title I.�!. 1♦ I� +rI MAR 8 1982 TO: CITY COUNCIL By the Q Y COUNCIL CITY OF NEWPORT MACH FROM: Public Works Department SUBJECT: SANTA ANA AVENUE MUD JACKING (C -2315) RECOMMENDATION: March 8, 1982 C - a3l � CITY COUNCIL AGENDA ITEM NO. _� ) Adopt a resolution awarding Contract No. 2315.to James E. Lenihan Company for $15,750 and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on February 25, 1982, the City Clerk opened and read the following bids for this project: Bidder Bid Amount 1. James E. Lenihan Co., Torrance $15,750.00 2. R. E. Lenihan Int., Huntington Beach $17,325.00 The low bid is 6% below the Engineer's estimate of $16,800. Ade- quate funds are provided under Budget No. 02- 3381 -015. James E. Lenihan Company, the low bidder, has not performed previous contract work for the City. However, a check of references has indicated that James Lenihan is a well qualified contractor who has successfully com- pleted similar projects for other Southern California agencies. The project provides for mud jacking Santa Ana Avenue from Cliff Drive to 400 feet southwest. Approximately 10,500 square feet of concrete roadway will be backfilled and raised (mud jacked) to provide a smooth roadway and minimize existing displacements in the roadway. Bid documents were prepared by the Public Works Department. All work should be completed by April 16. J J�4 ` Benjamin B. Nolan Public Works Director SJL:jd - r- RESOLUTION NO. 8 2 ' 3 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO JAMES E. LENIHAN COMPANY FOR $15,570 AND AUTHORIZING THE MAYOR & CITY CLERK TO EXECUTE SAME IN CONNECTION WITH SANTA ANA AVENUE MUD JACKING (C -2315) WHEREAS, there has been submitted to the City Clerk, bids for work in connection with Santa Ana Avenue mud jacking; and WHEREAS, on February 25 1982, at 11:00 a.m., bids for the contract were opened by the City Clerk's office, and it appears that the lowest responsible bidder therefor is JAMES E. LENIHAN COMPANY; and WHEREAS, after review of the terms and conditions by the City Council, said bid is found to be fair and equitable. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid from JAMES E. LENIHAN COMPANY in the amount of $15,750.00, is accepted, and that the contract for the described work (Contract No. 2315) be awarded to said bidder. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said contract in accordance with the terms and conditions therein, and the City Clerk is directed to furnish an executed copy to the successful bidder herein. ADOPTED this day of MAR 08 ;r 1982. Mayor ATTEST: ty Cler 1.1:: THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: February 10, 1982... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this I Okay of Februlfty 1982 Signature THE NEWPORT ENSIGN 2721 E. Coast Hwy.. Corona del Mar. California 92625. This space is for the County Clerk's Filing Stamp Q1 PUBLIC NOTICE Proof of Publication of SANTA ANA AVENUE MUD JACKING PROOF OF PUBLICATION Q0A TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SANTA ANA AVENUE MUD JACKING (C -2315) February 8, 1982 CITY COUNCIL AGENDA ITEM NO. 1�- -I RECOMMENDATIONS: Hy tha COY COUNCIL OF 1. Approve the bid documents. CIIY.= 10604H 2. Authorize the City Clerk to advertise for bids to be opened at 2:30 P.M. on February 25, 1982. DISCUSSION: The project provides for the leveling of a cracked and settled concrete roadway by lifting it back into position using a mud jacking process. This process consists of pumping a sand cement slurry under the roadway until it lifts to provide a smooth surface. The repairs will alleviate the current washboard effect drivers experience as they travel along the road. The estimated cost of the work is $16,800. Funds are available in the current appropriation for Street and Alley Resur- facing and Reconstruction, Account No. 02- 3381 -015. The plans and specifications were prepared by the Public Works Department. The contract requires completion of all work by March 25, 1982. The location of the project is shown on the attached sketch. a,wulm J Benjamin B. Nolan Public Works Director SJL:jd Att. 4 b ; y 1, se am i' s/ i v 1 -- —'— D/ JJ .PfwB:, ,tiyM1 �a! i .S1 B?/ ✓E Iner Z e - 7. fd \\ �r It i o w. Eb e .0lofo PROJfCT� ' e'` 10G4TioN V/G<A/iTY v]AP C Gap V' it Ci 6 ,:.awl ZoCAT /u/v iYjyP P/4WMFNT /i!{ S'"/el /'% 10U TO BE MUp C SANTA ANA AVEN6 MUD JAC1r1,VG /9B/ -82 /s sydi -vN �,Q, yAcauR�a 7 BEACH - 2Y /5 �avTr�r' u L� NINO BASIN f ` 7,7OaCj'- . S ®v\' 14M1QN � "� DRAWN -S ✓ L DATE _.l - /d'- 6-z APPROVED DRAWING NO. EX#1,61 r B9B C_2315 See Contract ile for Map Sant a Ana Avenue Mudiacking