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HomeMy WebLinkAboutC-2404 - Bayfront Sidewalk Repair 1983-84� SEW PART . RAxP- Mayor Evelyn R. Hart Mayor Pro Tern Philip R. Maurer Council Members Bill Agee John C. Cox Jr. Jackie Heather Ruthelyn Plummer Donald A. Strauss 0 0 - April 23, 1984 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 R. E. Lenihan International 8601 Edison Avenue Huntington Beach, CA 92626 Subject: Surety: Surety National Insurance & Bond Corp. Bonds No.: 24666 Project: Bayfront Bulkhead Sealing and Sidewalk Grouting Contract No.: C -2404 The City Council on March 12, 1984, 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 March 20, 1984, Reference No. 84- 114914. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Wanda E. Andersen CITY CLERK WEA:Ir cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 RECORDING C>vCe'1 UESTED BY E.emvt recprping reposer Tease return t� cwe,rmsnr Cie elm City Clerk City of Newport Beach EXEMPT :300 Newport Blvd. C2 ° - -', Chi 92663.3884 NOTICF. OF COMPLETION PUBLIC WORKS 84- 114914 0 NFCONDEDlN OFFICIAt eECONDS Of ORANGE COU"", CALIFORNIA -11H AM 020'84 LEE A. BRANCH, County Recortter 10 All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on March 12, 1984 the Public Works project consisting of Bavf ont Bulkhead S aling and Sidewalk _ Grouting 1983 -84 (C -2404) on which R. E. Lenihan International 8601 Edison Ave., Huntington Beach, CA 92626 was the contractor, ational Insurance & Bond Corp., P.O. Box 2463 Oran e, was the surety, mOr ete 926 n Ew it CITY OF NEWPORT BEACH t � APR 23 t984'e» ' Public Works Director / VERIFICATION J 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 March 14, 1984 at Newport Beach, California. Public oW rks 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 12, 1984 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 14, 1984 at Newport Beach, California. City Clerk 0 • <C •T A �; CITY OF NEWPORT BEACH n: OFFICE OF THE CITY CLERK (714) 640 -2251 �Ci Fp aN:P;. Mayor Evelyn R. Hart March 16, 1984 Mayor Pro Tem Philip R. Maurer Council Members Bill Agee Lee A. Branch John C. Cox Jr. County Recorder Jackie Heather p 0. Box 238 Ruthelyn Plummer Donald A. Strauss Santa Ana, CA 92702 Dear Mr. Branch: Attached for recordation is Notice of Completion of Public Works project consisting of Bayfront Bulkhead Sealing and Sidewalk Grouting 1983 -84, Contract No. 2404 on which R. E. Lenihan Inter- national was the Contractor and Surety National Insurance S Bond Corp. was the Surety. Please record and return to us. Sincerely, Wanda E. Andersen City Clerk WEA:lr City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAR 121984 r TO: CITY COUNCIL FROM: Public Works Department March 12, 1984 CITY COUNCI\ /GENOA ITEM N0. 'Y SUBJECT: ACCEPTANCE,OF BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $ 35,235.00 Amount of unit price items constructed $ 36,787.98 Amount of change orders NONE Total contract cost $ 36,787.98 Two additional undermined areas, Edgewater at Adams Avenue and Channel Place at Marcus Avenue, were grouted resulting in the increase in the amount of unit price items constructed. Funds were budgeted in the General Fund. The design engineering was performed by the Public Works Department. The Contractor is R. E. Lenihan International, Inc. of Huntington Beach. The contract date of completion was February 7, 1984. The original contract work was completed on that date. The additional areas were completed / by February 1(7, 1984. r1� o Benjamin B. Nolan Public Works Department GPD:do i CITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 Description of Contract Bayfront Bulkhead Sealing and Sidewalk Grouting 1983 -84 Effective date of Contract October 31., 1983 Authorized by Minute Action, approved on October 11, 1983 Contract with R. E. Lenihan International, Inc. Address 8601 Edison Avenue Hunt Amount of Contract /Z" Wanda E. Andersen City Clerk WEA:1r attach. Beach, CA 92626 $35,235.00 3300 Newport Boulevard, Newport Beach TO: FINANCE DIRECTOR PUBLIC WORKS ( 0 FROM: CITY CLERK DATE: October 31, 1983 SUBJECT: Contract No. C -2404 Description of Contract Bayfront Bulkhead Sealing and Sidewalk Grouting 1983 -84 Effective date of Contract October 31., 1983 Authorized by Minute Action, approved on October 11, 1983 Contract with R. E. Lenihan International, Inc. Address 8601 Edison Avenue Hunt Amount of Contract /Z" Wanda E. Andersen City Clerk WEA:1r attach. Beach, CA 92626 $35,235.00 3300 Newport Boulevard, Newport Beach N �P 0 a 0 1-ul r m Z ' H H z -1 m z D -i O 2 D r z n o�z �3� H sm •3 m o z 0-. a 0 a n a f Ori a J. CD 7 ID O O tZ z a 0 R C O 3 d c � f � o J n� m m — C s R n a R o (D s to a (D m c m J J. �• �fi 3 J 1 N R -+• C S 7 Z N IV N C d fD Z l7 a a R 7 n fl a O Q N W f D R V O O' JO rD J fD a O P fi O -+ R J. T f :D M k< o r P, 0 J• o 0 T O z -1 0 3 � O r O_ -1 fD Y !n • 0 TO: CITY CLERK FROM: Public Works Department 0 October 28, 1983 SUBJECT: BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING, 1983 -84 (C -2404) Attached are the original and three copies of the subject contract documents. Please have them executed on behalf of the City, retain your copy, and return the remaining copies to this department. Steve Luy Project Engineer SL:jd 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 29th day of S,e tem�ber, 1983, at which time such bids shall be opened and read for e 2404 Contract No. $40,000 Engineer's Estimate Approved by the City Council this 12th day of September , 1983 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING CONTRACT NO. 2404 1983 -1984 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: PR 1.1 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. 2404 in accordance with the Special Provisions, and will take in full payment therefor the follow- ing unit prices for the work, complete in place to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT T071L NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Mobilization and Traffic Control Sum Three Thousand Four Hundred @ Fifty Dollars and No Cents $ 3,450,00 $ g a;n_nn Lump Sum 2. 1630 Seal bulkhead joints and pressure One hundred grout existing PCC sidewalk Weight (cwt) @ Nineteen Dollars and f'f Cents $ 19.50 $ .11.7,9.q On Per one hundred weight cwt . • PR 1.2 TOTAL PRICE WRITTEN IN WORDS: THIRTY FIVE THOUSAND TWO HUNDRED THIRTY FIVE Dollars and NO Cents $ R5 935 0 339183 C -61 Contractor's License No. & Classification R E Bidder's Name Date 9/29/83 Bidder's Telephone Co. (714) 536 7791 Ile I -v Authori Signature/Title) Bidder's Address 8601 Edison Avenue, Huntington Beach, CA 92646 0 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 1777.5 of the California Labor Code for all apprenticeable occupations. 339183 R. E Lenihan International In Contr's Lic. No. & Classification Bich jj 9129183 S /Thomas J. L ihan,,iPresident Date Authorized Sign ure /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. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. R. E. LENIHAN INTERNATIONAL, INC. i er (�' S /Thomas J. nihan, President Authorized Signature /Title WORIGINAL SEE CITY CLERK'S FI6COPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, R. E. LENIHAN INTERNATIONAL. INC. , as bidder, and SURETY NATIONAL INS. & BOND CORP. , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF TOTAL BID PRICE Dollars ($ In% ), 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 BAYFRONT BULKHEAD SEALING & SIDEWALK GROUTING 1983 -84 2404 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 g7th day of September , 19881• (Attach acknowledgement of Attorney- ,fin act) °(�� ` S /Haroldd R. Ogden Notary Public Commission expires Nov. 22, 1986 . i SURETY NATIONAL INS_ & BOND CORP_ Surety By SjCiine Title Attorney -in -Fact • • 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. R. E. LENIHAN INTERNATIONAL, INC. Bidder S /Judy Lenihan, Sec. 6�'e_t f � w Authorized Signature /Titer Subscribed and sworn to before me this 29th day of September 1983 . My commission expires: November 15, 1983 S /B. Christiansen Notary Public 4OR ORIGINAL SEE CITY CLERK'S FI *COPY Page 6 r 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. J. r *ihan, President zed gnature /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. VARIOUS LOS ANGELES HARBOR DEPARTMENT VARIOUS CITY OF NEWPORT BEACH _ R- - L— LENIHAKeihan. TFRNATT Bid S /Thomas J. Pracidpnt Authorized Signature /Title 0 NOTICE 0 Page 8 The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives 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 (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 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. PAYMENT BOND #24666 KNOW ALL MEN BY THESE PRESENTS, That Page 9 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 11. 1483 has awarded to R. E. LENIHAN INTERNATIONAL. INC. hereinafter designated as the "Principal ", a contract for BUFROIT BULKNUO SE TNT AND SIDEWALK GROUTING 1483 -84 - CONTRACT NO. 24" 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 as Principal, R.E. LENMM INrEMATIONAL, INC. as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Seventeen Thousand Six Hundred Seventeen and 50 /100 - - -- -Dollars ($17,617.50 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 =t w Page 10 Payment Bond (Continued) this bond, as required by the Provisions of 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 Surety above named, on the 2Atb day has been duly executed by the Principal- and_ of October R.E. LENIHAN INTERNATIONAL, INe..'_ Name of Contractor Principal Authorized gnature and . le Thomas J. Than, President Authorized Signature and Title SUREPy NATIONAL INSURANCE & BOND CORP(Seal) Name of Surety P.O.Box 2463, Orange, CA. 92669 Address of Surety Approved as to f Ilrm: Signature and Title of Aut ized Agent �j -(,y Gene A. King /Attorney In act ✓✓��^ ✓✓ vU '4' N. of Ag Tustin Or e CA. 92669 dress ent City Attorney 714- 999 -7205 Telephone No. of Agent LIA � ! 9 CD } � n� 2� 2' k m k� k « § g � 2 4 � 2 » k\ \r ;, / CD0 _ } ° }\ o 0 ° 3 � °\ 2 §2` 7 /2 0 \n ƒ z 3r §CY — _{ CD \! }\ \� � \ , \ \ \\ w CD X0 » \} 0 mr ( ) _ . n� 2� 2' k m k� k « § g � 2 4 � ■ � E � %S -&f�& § ) 2 2 ; „ a // _ }{ ®� \ \( \ ) 2 ,— a is FAITHFUL PERFORMANCE BOND # 24666 KNOW ALL MEN BY THESE PRESENTS, That Page 11 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 11 1983 has awarded to R. E. LENIHAN INTERNATIONAL, INC. hereinafter designated as the "Principal ", a contract for BAyFRONT BULKHEAD SEALING AND SIDEWALK GROUTING 1983 -84 - CONTRACT No. 2404 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, R.E. LENT 3AN lb IONAL, DIC. as Principal, and SURETY NATIONAL INSURANCE & BOND CORP. as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Thirty Five Thousand Two Hundred Thirty Five and 00 /100 - -- Dollars ($35,235.00 ), 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 i Faithful Performance Bond (Continued) Page 12 of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the 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 24th `:day of October 19 83 --4�d R.E. LENIi3AN IIVTE TONAL r3r- Seal) Name of Contractor Principal) AUtnorized,bAgnature antl ITTle Thanas J. texUhan, President Authorized Signature and Title SURETY NATIONAL INSURANCE & BOND CORP. (Seal) Name of Surety P.O.Box 2463, Orange, CA. 92669 Address of Surety xg Signature and Title oFAuthori ed Agent - Gene A. King/Attorney In Fact 1046 N. Tustin, Orange, CA. 92669 Address of Agent 714 - 999 -7205 Telephone No. of Agent v N N N S N 5 s >a a, �zma � y o 0 p Z m -m a m m En a m ? m o m 0. N N O 91 G N 3 y C J > m 0 a o F � 0 J 0 F y J N F J a ° a OS ° o T m a x m N_ 3 z N ° C y CD 3 N m a O 0 y S O S 0 m F. y M Q 0 O S J z 0 O O C. CL m j M m O 0 @ 0 0 N ° C .ld.. O J m N N n tD o J ID� a a ° N N L � J r a Z 0 a w a C Q n v m N 0 J d V (D w m CL n ° d C J fD o 0 C) z 0 �q ro 0 -s r w y y z a n p c ro m cr S ro Z O O O N (D a 0 O n O C) O- ro Z p Q N O N 3 N 0 0 0 m i m D 0 x z 0 r m 0 0 3 m z 1 z O - - - - - - - - -- A 14 L" 0 flag L4 E; a EF x 2� ul > 0 SURETY NATIONAL INS. & BOND CORP. P.O. Box 2463 • Orange. CA 92669 • (71 4) 730.0443 SECRETARY CERTIFICATE I, Robert C. Lusk, certify that I am Secretary of the Surety National Insurance & Bond Corporation and that the below is an accurate record of the extracted minutes of the special meeting of the Board of Directors of the corporation held on January 4, 1982. RESOLVED: that in order to facilitate proper business and facilitate delivery of certain documents, that Gene A. King is hereby appointed to the post of Limited Attorned in Fact to act for the corporation in signing of certain bonds as may be requested from time to time by the authorized officer or persons of the corporation. This power shall be limited and approved on a time to time basis and shall remain in full effect until revoked by the Board of Directors. kobert C. Lusk, Secretary City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED R. E. Lenihan International 8601 Edison Ave. untinoton Beach. CA 92646 • CERTIFICATE OF INSURANCE • Page 13 COMPANIES Lottery AFIREMAN'S FUND INSURANCE COMPANY I Lettery BCOMPASS (Hull & Co.) C C W 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, th6- Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by regfstered mail, attention: Public Works Department. By: Agency: ARCAL INSURANCE SERVICES, INC. Authorized Representative 10/26/83 d Date Issue 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: BAYFRONT BULKHEAD SEALING AND SIDEWALK GRO TING 1983 -1984 2404 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. Z Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. . ro ucts LETTER - COVERAGE REQUIRED No. Date Each Completed JAg Occurrence Operations GENERAL LIABILITY x Comprehensive Form MXP 2/1/85 Bodily Injury $ $ A x Premises - Operations 4594384 Property Damage $ $ x Explosion & Collapse Hazard x Underground Hazard B x Products /Completed Operations CAG 11/1/83 Bodily Injury Hazard 6222982 and Property x Contractual Insurance Damage Combined $ 500, $ 500, x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY A ❑x Comprehensive Form MXP 2/1/85 Bodily Injury $ 4594384 (Each Person ❑x Owned $ o i y Injury (Each Occurrence Hired Pro ert Dama e Bodily Injury and Q Non -owned Property Damage Combined $ 500, EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutory A and WP 9/14/84 ac EMPLOYER'S LIABILITY 6171223 2,000,000. 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, th6- Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by regfstered mail, attention: Public Works Department. By: Agency: ARCAL INSURANCE SERVICES, INC. Authorized Representative 10/26/83 d Date Issue 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: BAYFRONT BULKHEAD SEALING AND SIDEWALK GRO TING 1983 -1984 2404 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. 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 ( X) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence $ 500,000. 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: Ba front Bulkhead Sealin and Sidewalk Grouting 1983 -1984 2404 Project Title and Contract No.). This endorsement is effective 10/26/83 at 12:01 A.M. and forms a part of Policy No. MXP 4594384 Named Insured R. E. Lenihan International Endorsement No. Name of Insurance Company Fireman's Fund Ins. Co. By Authorized Representative Representative • • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (X) 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: Bayfront BUlkhead Sealing and Sidewalk Grouting 1983 -1984 2404 (Project Title and Contract No.) This endorsement is effective 10/26/83 at 12:01 A.M. and forms a part of Policy No. MXP 4594384 & CAG6222982 Named Insured R. E. Lenihan International Endorsement No. C Name of Insurance Company Fireman's Fund Ins. Co. By Compass Ins. Co. LI U . Page 16 CONTRACT THIS AGREEMENT, entered into this A4 ay of a. , lg F3, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R. E. LENIHAN INTERNATIONAL,INC. hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: • ' (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: BAYFRONT BULKHEAD SEALING & SIDEWALK GROUTING 1983 -84 Title of Project ontC Tact 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 Thirty five Thousand Two Hundred Thirt Fi and D ($ .3sP3 ,s_no )• 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) Plans and (g) This Contract ial Provisions for • Page 17 Contract 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 tke day and year first above written. ATTEST: CAW APPROVED AS TO FORM: ity Attorney CITY OF NEWPORT BEACH R. E. LENIHAN INTERNATIONAL INC. Contractor y I By Its CITY CONTRACTOR , R. E. LENIHAN INTERNATIONAL INC. Contractor y I By Its CITY CONTRACTOR 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING CONTRACT NO. 2404 1983 -84 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK. . . . . . 1 II. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. WATER . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . 2 VI. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . 2 A. General . . . . . . . . . . . . . . . . . . . . 2 B. Seal Bulkhead . . . . . . . . . . . . . . . . . . . 2 C. Pressure Grout PCC Sidewalk. . . . . . . . . . . . 3 D. Material . . . . . . . . . . . . . . . . . . . . . 3 E. Construction Site . . . . . . . . . . . . . . . . . 4 F. Records . . . . . . . . . . . . . . . . . . . . . . 4 I II III 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING 1983 -84 CONTRACT NO. 2404 SCOPE OF WORK SP 1 of 4 The work to be done under this contract consists of sealing bulkheads and pressure grouting the existing PCC sidewalk. All work necessary for the completion of these im rovements shall be done in accordance with (1) these Special Provisions, (2� the Plans (Drawing No. M- 5228 -S), (3) the City's Standard Special Provisions and Standard Drawinas for Public Works Construc- tion (1982 Edition), and (4) the Standard S ecifications for Public Works Construction (1982 Edition), including supplements to date. Copies of the 1tyl� — s urd S ec'al Provisions and Standard Drawin s may be purchased at the Pub is ors Department for Five Do ars 5 . TIME OF COMPLETION The Contractor shall complete all work within one hundred twenty (120) calendar days following the date of award of the contract. The Contractor shall complete all work within thirty (30) calendar days following commencement of the speci- fied 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 Government 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. 0 V. TRAFFIC CONTROL AND ACCESS 0 SP2of4 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 seven (7) calendar days prior to closing any traffic lanes. 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 effi- cient 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. VI. CONSTRUCTION DETAILS A. General Grout shall be mixed in a grout plant consisting of a variable speed grout injection pump capable of a maximum pressure of 200 p.s.i., and a high speed coloidal mixer. A pressure gage shall be located immediately adjacent to the grout hose supply valve. An expanding rubber packer or hose connected to the discharge from the plant shall be lowered into the hole. The discharge end of the packer or hose shall not extend below the lower surface of the concrete sidewalk slab. T he Contractor shall pressure grout one hole at a time, on a slab. When grout appears at any longitudinal or transverse joint, crack or adjacent hole(s), or when slab movement is indicated, pressure grouting shall cease. Immediately after the nozzle is removed, the grout hole will be temporarily sealed with a round tapered wooded plug. The wooden plug shall remain in place until the grout in the hole is not disturbed by adjacent pressure grouting. B. 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 of 18 inches below the sand surface at the face of bulkhead. Then the material specified under "Section D 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. The Contractor shall take necessary precautions to prevent grout from being pumped or disposed of into the channel, bay, any drainage system, sewer system, or structure. 0 0 SP 3of4 C. Pressure Grout PCC Sidewalk The Contractor shall pressure grout the existing PCC sidewalks to eliminate any voids beneath the sidewalk slabs and provide a smooth walking surface. 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, in developing his drilling pattern, should consider grout- ing on both sides of any cracks or joints. The Contractor shall attempt to pressure grout sidewalk slabs with differ- ential settlement in such a manner that will result in their surface con- forming to the plane of the surrounding sidewalk slabs. 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 "Seal bulk- head joints and pressure grout existing PCC sidewalk" at each location. Pressure grouting shall not be performed during inclement weather. D. Material Grout shall consist of a mixture of Portland cement, fly ash and water in the amount to provide a grout flow time of 10 to 16 seconds as measured by California Test 541. Flow time measurements shall be taken at the direc- tion and discretion of the Engineer, at no cost to the Contractor. Grout strength shall be a minimum compressive strength, at 7 days, of 750 p.s.i. No admixtures shall be used without written permission from the Engineer. Dry cement and fly ash shall be accurately measured by weight, if in bulk, or shall be packaged in uniform volume containers. Water shall be batched thru a meter or scale. 1. Grout Material a. Portland Cement One part Type V or Type II b. Fly Ash Three parts Class F or Class C as specified in ASTM C- 618 -80, except that the loss on ignition for Class F fly ash shall not exceed 4%. c. Water Fresh and free from deleterious materials or organic matter. SP4of4 d. Definition of Units A One Hundred Weight '(cwt) shall be defined to be 100 pounds (dry weight) of cement and fly ash as proportioned above. 2. Mortar Mortar for sealing grout holes shall consist of one part Portland cement to three parts fine aggregate, or commercial quality "quick setting" mortar. E. 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. F. 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 UNCIL of TMEHEWPORT BEACH�ctober 11, 1983 CITY OF OCS 111983 TO: CITY COUNCIL FROM: Public Works Departmenr —L CITY COUNCIL AGENDA ITEM NO. � ,' SUBJECT: :BAYERONV8ULKHEAD SEALING AND SIDEWALK GROUTING (C- 2404)-- RECOMMENDATION: Award Contract No. 2404 to R. E. Lenihan Int., Inc., for $35,235, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on September 29, 1983, the City Clerk opened and read the only bid for this project: Bidder Amount Bid R. E. Lenihan Int., Inc. $35,245* *Corrected bid total is $35,235. The low bid is 11.9% below the Engineer's estimate of $40,000. The bidder, R. E. Lenihan Int., Inc., is a well - qualified general contractor who has successfully completed previous contracts for the City. 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 slurry into the bulkhead joints and under the sidewalk until the joints have been sealed and the voids filled. Changes in the sidewalk grade are not included. The repairs should reduce the migration of sand from behind the bulk- head into the channels and stop further settlement of the sidewalk panels. Funding for award is proposed from the following accounts: Description Account No. Amount Rehabilitate Bulkhead Joints and Level Sidewalks 02- 4197 -246 $35,000 Sidewalk and Curb Replacement and Safety Program 02- 3397 -183 $ 235 The plans and specifications were prepared by the Public Works Depart- ment. The contract requires completion of all work by February 7, 1984. The location of the project is shown on the attached sketch. Benjamin B. Nolan Public Works Director SJL:jd Att. ti 41, IX t- 1 CIL. z'\ % T ww~r rowv -'A -�4 cadsr k� —Jj,,R CLUB NEWPOR Z-iIL ---------- LA D iL �; @ PROJECT LOCATION CHA. VICINITY MAP ' SCALE C = 1600 CITY OF NEWPORT BEACH DRAWN. t(•U. DATE PUBLIC WORKS DEPARTMENT APPROVED BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING 1983-84 C-2404 DRAWING NO. EXHIBIT • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT L BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING CONTRACT NO. 2404 1983 -1984 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: PR 1.1 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. 2404 in accordance with the Special Provisions, and will take in full payment therefor the follow- ing unit prices 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. Lump Mobilization and Traffic Control Sum @TwtT -t WJ(L "OOU) " Dollars "0 F,��'( DOUL110 .S Cents $ 34So $ 34Sp Lump Sum 2. 1630 Seal bulkhead joints and pressure One hundred grout existing PCC sidewalk Weight (cwt) @ nJrEE►1 n Dollars and V- rPr-f Cents $ Ig9S -> $31 -799 Per one hundred weight cwt 0 • PR 1.2 TOTAL PRICE WRITTEN IN WORDS: 140 i+-r f:iVE 7W -0USA. ,Jp -rugo Dollars cu and o� NtJ►J p4 E0 4 X10 Go(LiY F—i�t; 'j ,Cents $ 35, 24S' Contractor's License No. & Classification Q -�• (_E�.l1 4,j (Ir f�jC- -- - Bidder s Name Date 9 1 Z� ( `a 3 err- :d Signature/Ti le Bidder's Telephone Co. - -1(6,) S36 7 -)°I I Bidder's Address F" CFn1 PlvSt� DE W*j0c77d&fb'J 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 le CThe f the total bid price) may be received in lieu of the Bidder's Bon of the project and the words SEALED BID shall be clearly marked on the o e 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. 339 3 Q. C. L&-Jl C Contr's Lic. No. & Classification idder R 12g ( �� Date II— I Authorized i natu�Tit E • 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. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. I 44+J I AJr, 10 Bidder Authoriz d Signature /Title • • Page 4 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) Notary Public Commission expires go Title Bidder Authorized Signature /Title Surety I SURETY NATIONAL INS. & BOND CORP. P.O. Box 2463 • Orange, CA 92669 • (714) 999_7205 BID OB PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we R.E. LENIHAN INTERNATIONAL, INC. as Principal, hereinafter called the Principal, and SURETY NATIONAL INS. & BOND CORP. a corporation duly organized under the laws of the State of CALIF. & NEVADA as Surety, hereinafter called the Surety, are held and firmly bound unto THE CITY OF NEWPORT BEACH as Obligee, hereinafter called the Obligee, in the sum Of BID BOND 108 Dollars ($ 108 ) for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for BAYFRONT BULKHEAD SEALING AND SIDEVALK GROUTING 1983 -84 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may ingood faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th day of September 19 83 R.E. LENIHAN INTERNATIONAL, INC. Tfxx�,J. 7 ihan/Pr ident SURETY NATIONAL INSURANCE & BOND CORP. • ttorney -in -Fact 0 0 SURETY NATIONAL INS. & BOND CORP. P.O. Box 2463 . Orange, CA 92669 . (7 14) 999 -7205 SECRETARY CERTIFICATE I, Robert C. Lusk, certify that I am Secretary of the Surety National Insurance & Bond Corporation and that the below is an accurate record of the extracted minutes of the special meeting of the Board of Directors of the corporation held on January 4, 1982. RESOLVED: that in order to facilitate proper business and facilitate delivery of certain documents, that Gene A. King is hereby appointed to the post of Limited Attorned in Fact to act for the corporation in signing of certain bonds as may be requested from time to time by the authorized officer or persons of the corporation. This power shall be limited and approved on a time to time basis and shall remain in full effect until revoked by the Board of Directors. Robert C. Lusk, Secretary /\ FI } \ 9L ®b � . v /`� \ }} • • 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 a d sworn to before e this day of 19. My commission expires: OFFICIAL SEAL S. CHRISTIANSEN s'� t NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY r, roe 13SION EXPIRES Nov. 15, 19 87 ice. ✓_. LEA 1 u -,O,�J ( ►.� i C2FJ dC'I �lr..]At�, l►1 L Bidder 4�. — �� �t� -Ste. Authorized Signature /Title ­--Notary Public R /s T //Q iy-'Y y • • 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 Authoriz SignatureJTitle 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. V4 aus � -166, CA DCOF V Cl-A t o as G ice' OF Q�-� &+4 a, (• l,c-,,jl.Lld,j Bidder Authorized i nature /Title Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, dated 29 September. 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange Public Notice AdveN,aloy covered br IN, emdevn a alit m 1 point With td Gice coWmn width 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 below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS- PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Inviting bids CITY OF NEWPORT BEACH of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one cdf18&k3ONOWWOMN B VimXfgetissu*) of Setpember 14 8 198_ 198` 198 198 198— I declare, under penalty of perjury, that the foregoing is true and correct. September 14 3 Executed on ,198 _ at Cost Mesa, California. Signature Sealed bide may be received at me office of the City Clark, 3300 New- port Boulevard, Newport Beach, CA 92003 until 11:00 A.M. on the 281h day of September, 1933, at which time such bids she be:epened, and read for BAYFRONT BULKHEAD SEALING GROUTOyQ 83.84 188 K. Title of proleot - 2404ontract No. .. $40.000 �E kapreYe6sthnab City Chou y the _. this 12th at 1989 Wannddaa E Andersen .. city Clark Prospal bidders may obtain Oft IM of bid documents at m coat at the - otftoe - of the Public Work& Depar,fill- 3300 Newport Boulevard; Newpdrl Beach, CA. 92383. For further information. call Stephen J. LLuyyy at 640 -2291. Pub9ahed orange Cost Daiy POOtI 'Sept. 14, 1983. .5180-83 PROOF OF PUBLICATION BY THE CITY COUNCIL September 12, 1983 C�g/ CITY OF NEWPORT BEACH CITY COUNCIL AGENDA SEP 121983 ITEM N0. — f Y TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING (C -2404) RECOMMENDATIONS: 1. Approve plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on September 29, 1983. 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 slurry into the bulkhead joints and under the sidewalk until the joints have been sealed and the voids filled. Changes in the sidewalk 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 engineers estimate for the work is $40,000. Adequate funds are available in the current appropriations for bilitate Bulkhead Joints and Level Sidewalks and Sidewalk and Curb Replace - .,a a +„ Dnnn, The plans and specifications were prepared by the Public Works Department. The contract requires completion of all work by January 10, 1984. The location of the project is shown on the attached sketch. aojv Fes— Benjamin B. Nolan Public Works Director SJL:rb Att. !/ O % Ia j i f ^11 1i q� n R1�Cs IA r' I I PROJECT LOCATION --8 -� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT_ BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING 1983 -84 C -2404 NEWFCKI 70WV CENTEQ �s T.Y NO. SO/J 41 , l �r Ba - C -A NNEL _ VICINITY MAP SCALE I = 7 600 DRAWN R.G. DATE 9-1-83 APPROVED /% :/ DRAWING N0, EXHIBIT 11A11