HomeMy WebLinkAboutC-2448 - Bayfront Bulkhead Seal & Sidewalk GroutingCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
February 1, 1985
Del Val, Inc.
P.O. Box 18068
Fort Worth, TX 76118
(714) 644 -3005
Subject: Surety: United Pacific Insurance Co.
Bonds No.: U 54 60 38
Contract No.: C -2448
.Project: Bayfront Bulkhead Sealing, Sidewalk and
Pavement Grouting
The City Council on January 14, 1985 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 by the Orange County Recorder on January 18, 1985,
Reference No. 85- 019897. Please notify your surety company that the
bonds may be released 35 days after this date.
Sincerely,
Ce
Wanda E. Raggio
City Clerk
WER:pm
cc: Public Works
z
3300 Newport Boulevard, Newport Beach
RECORDING q
REQUESTED BY 0 EXEPAPr .r
PLEASE RETURN�I TO. Cs
City Clerk�^L
City of Ne O t ea E"?W,#oo,d1ng retp 1g„
3300 Newport Blvd. Government Code 61ca
Newport Beach, CA 92663 -3884
NOTICE, OF COMPLETION
Eis T Pft "7r'P7`?gM AT1 PUBLIC WORKS
u
Q- 019897
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-122 PM JAN 18'85
RECORDER
I o All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on January 14, 1985 _.
the Public Works project consisting of Bayfront Bulkhead Sealing, Sidewalk and _
Pavement Grouting (C -2448)
on which Del Val, Inc.,
was the contractor, and
was the surety, was cor
NEWPL,ti BEACH,
CALIF.
JAN 311985 #a.
;' `f'yia
N IFICATION
I, the undersigned, say:
CIT OF NEWPORT BEACH
Publi6 Works Director
I am the Public Works Director of the City of Newport Beach; the foregoing
Notice of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 15, 1985 at Newport Beach, California.
L!GG'%WG wvw. �2. / '
Publid 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 January 14. 1985 accepted the above described work as
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 15, 1985 at Newport Beach, California.
C
January 15, 1985
0 0
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) G4U,22;S4 644 -3005
Attached for recordation is Notice of Completion of Public Works
project consisting of Bayfront Bulkhead Sealing, Sidewalk and
Pavement Grouting, Contract No. 2448 on which Del Val, Inc. was
the Contractor and United Pacific Insurance Co. was the Surety.
Please record and return to us.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
cc: Public Works
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
•
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JAN 14 1985
APPRO -I'Vn
TO: CITY COUNCIL
FROM: Public Works Department
January 14, 1985
CITY COUNCIL AGENDA
ITEM NO. F-11
SUBJECT: ACCEPTANCE OF BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT
GROUTING (C- 2448)'
RECOMMENDATIONS:
1. Accept the work.
2. Authorize'the City'CTerk to file a Notice of>Comp"tion.A
3. Authortze the City Clerk _to release- the bonds -35 -days :ark ,
Notice bf'CompTattttm fias,:been filed.. ,
DISCUSSION:
The contract for the sealing of Balboa Island Bulkheads and pavement
grouting has been completed to the satisfaction of the Public Works Department.
The bid price was: $27,060.00
Amount of unit price items constructed: 29,686.18
Amount of change orders: None
Total contract cost: $29,686.18
Funds were budgeted in the General Fund, Account No. 02- 4197 -246.
The voids behind the Balboa Island bulkheads were more extensive than
had been anticipated, resulting in the increase of the cost of unit price items
constructed.
The contractor is De1Val, Inc., of Fort Worth, Texas.
The contract date of completion was November 15, 1984. The work was
completed by that date.
10 Benj B. Nolan
Public Works Director
GPD:jd
i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
PUBLIC WORKS
FROM: CITY CLERK
DATE:_ October 17, 1984
SUBJECT: Contract No. 2448
Description of Contract Bayfront Bulkhead Sealing, Sidewalk
and Pavement Grouting
Effective date of Contract October 17. 1984
Authorized by Minute Action, approved on September 24, 1984
Contract with Del Val. Inc.
Address P.O. Box 18068
Worth, TX 76118
Amount of Contract $27,060.00
Wanda E. Andersen
City Clerk
r1w."I 7
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
TO: CITY CLERK
FROM: Public Works Department
•
October 16, 1984
SUBJECT: BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING
(C -2448)
Attached are the original and two copies of the subject
contract documents, including insurance certificates.
Please have them executed on behalf of the City, keep
your original and return the two copies to this depart-
ment.
Stephen Luy
Project Engineer
Att.
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Pressure Grouting • Pavement Maintenao
DEL VAL, INC.
October 2, 1984
City of Newport Beach
City Hall
3300 West Newport Blvd.
Newport Beach CA 92663
• P. O. Box 18053
FORT WORTH. TEXAS 76118
0171268 -4911
TOLL FREE (OUTSIDE TEXAS):
800/547 -9679
Re: Designation of subcontractors
Dear Sirs:
Del Val, Inc, does not intend to subcontract any of the work or
services to other companies or individuals for the Bay Front Bulkhead
Sealing, Sidewalk and Pavement Grouting Contract #C -2448.
JDV /Im
Sincerely, a/ o
JohnDel Val
President
d� CfY44
e
� IYIt \4Y
' 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 13th day of September, 1984, at which time such bids
shall be opened and read for
BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING
Title of Project
2448
Contract No.
$35,000
Engineer's Estimate
• ,
•
A,
Approved by the City Council
this 27th day of August , 1984.
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 Luy at 640 -2281.
Project Engineer
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING
CONTRACT NO. 2448
1984 -1985
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
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. 2448 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 ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization and traffic control
@ Twenty -Seven Hundred Dollars
an
No Cents $ 2,700.00
2. 400 Seal bulkhead joints and pressure grout
One hundred existing PCC sidewalk
weight
@ Nineteen Dollars
and
Twenty Cents $ 19.20 $ 7,680.00
Per one hundred weight
3. 1,390 PCC pavement pressure grouting
One hundred
weight @ Twelve Dollars
and
No Cents $ 12.00 $ 16,680.00
Per one hundred weight
-2448' • • PR 1.2
TOTAL PRICE WRITTEN IN WORDS:
Twenty -Seven Thousand Sixty
No
C61- 307548
Contractor's License No. & Classification
Date September 11, 1984
Dollars
and
Cents
$ 27,060.00
Del Val, Inc.
(Bidder's Name
I
S /John Del Val, President
Authorized Signature /Title
Bidder's Telephone Co. (800) 547 -9679
Bidder's Address P.O. Box 18068, Fort Worth, Texas 76118
0
INSTRUCTIONS TO BIDDERS
0
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.
C61- 307548
Contr's Lic. No. & Classification
September 11, 1984
Date
Del Val, Inc.
S /John Del Val, President
Authorized Signature /Title
• • Page 3
DESIGNATION OF SUBCONTRACTOR(S)
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer and as provided by State law.
Item of Work Subcontractor Address
1.
2.
3.
4.
5.
6.
7.
8.
9.
10,
11.
12.
NONE
Del Val, Inc.
S /John Del Val, President
Authorized Signature /Title
Page 4
ORIGINAL SEE CITY CLERK'S FIL1COPY
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, Del Val, Inc. as bidder,
and United Pacific Insurance Company , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten percent of the amount of bid ----------------- - - - - -- Dollars ($ 10% ),
lawful money of the United States for the payment of which sum well and truly
to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of
BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING C -2448.
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 13th day
of September , 1984.
(Attach acknowledgement of
Attorney -in -Fact)
S /Lynn M. Sroup
Notary Public
Del Val, Inc.
Bidder
S /John Del Val, President
Authorized Signature /Title
United Pacific Insurance Company
Commission expires May 29, 1988 Surety
By S /K. C. Kraig
Title Attorney -in -fact
s •
NON- COLLUSION AFFIDAVIT
Page 5
The bidder, by its officers and agents or representatives present at the time
of filing this bid, being duly sworn on their oaths, say that neither they nor
any of them have, in any way, directly or indirectly, entered into any arrange-
ment or agreement with any other bidder, or with any public officer of such
CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has
paid or is to pay to such bidder or public officer any sum of money, or has
given or is to give to such other bidder or public officer anything of value
whatever; or such affiant or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the attached bids; that no bid has been
accepted from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the bidder from con-
sidering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman
from submitting bids to a bidder who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be sug-
gested, offered, paid or delivered to any person whomsoever to influence the
acceptance of the said bid or awarding of the contract; nor has the bidder
any agreement or understanding of any kind whatsoever with any person whomso-
ever to pay, deliver to, or share with any other person in any way or manner,
any of the proceeds of the contracts sought by this bid.
Subscribed and sworn to before me
this 10th day of September
19-aL.
My commission expires: May 29, 1988
S /Lynn M. Sroup
Del Val, Inc.
S /John Del Val, President
Authorized Signature /Title
S /Lynn M. Sroup
Notary Public
Page 6
FOR ORIGINAL SEE CITY CLERK'S FILE COPY
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
Please see attached portion of
audit by Price Waterhouse for
our fiscal year ending 9- 30 -83.
Del Val. Inc.
r
S /John Del Val, President
Authorized Signature /Title
•
6 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.
See Listing On File With City Clerk
Del Val, Inc.
S /John Del Val, President
Authorized Signature /Title
• Page 8
NOTICE
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 B
(or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide:
Property - Casualty. Coverages shall be provided for all 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
KNOW ALL MEN BY THESE PRESENTS, That
• Page 9
U 54 60 38
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted September 24, 1984
has awarded to Del Val, Inc.
hereinafter designated as the "Principal ", a contract for
Bayfront Bulkhead Sealing, Sidewalk and Pavement Grouting
C -2448
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, and United Paciftr Tnsurance Company
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
Twnty -seven thoi4And stYt1tand Dollars ($27.060.,----- )>
said sum being equal to 100% 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
• 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 has been duly executed by the Principal and
Surety above named, on the 3rd day of October 1984
Approved as to form:
i
DEL VA
LP (Seal)
Name of Contractor Priincciipal
v 4
A t orized Signature and Ti le
Authorized Signature and Title
United Pgciftc Insurance Company (Seal)
Name of Surety
P.O. Box 5669, Portland. Oreno
Address of ATUrety
Si atve and Authorized orize t
. M. Dunning, Attorney -in -fact
umhia PnrtlAnrl, Oregon 972n
Adiress of Agent 1
503- 248 -6400
Telephone No. of Agent
• . Page 11
FAITHFUL 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 September 24, 1984
has awarded to Del Val, Inc.
hereinafter designated as the "Principal ", a contract for
Bayfront Bulkhead Sealing, Sidewalk and Pavement Grouting C -2448
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, Del Val, Inc,
as Principal, and United Pacific Insurance Company
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
Twenty -seven thousand sixty and - - -- Dollars ($ 27,060.x--- -- ),
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
0
Faithful Performance Bond (Continued)
Page 12
of any such change, extension of time, alterations or additions to the terms of the
contract or to the work or to the 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 3rd day of October , 19 84
Approved as to fo
City Attorney
DEL VAL, INC. (Seal)
Name of Contractor (Principal)
�/
h rized Signature and Title
Authorized Signature and Title
United Pacific Insurance Company (Seal)
Name of Surety
P.O. Box 5669, Portland, Oregon 97228
111 S, W, Columbia, Portland, Oregon 97201
Address of Agent
503- 248 -6400
Telephone No. of Agent
UNI'M14ACIPIC INSURANC9 COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of that
State of Washington, does hereby make, constitute and appoint
G. M. DUNNING of PORTLAND, OREGON - --
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP - - - --
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the arne extent as if such bonds and undertakingsand other writings
obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one
other of such officers, and hereby ratifies and confirms all that its aid Attorneyls 1-in -m Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows.
ARTICLE VII – EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remow any such Attorney -in -Fact at any tome and revoke the power and authority given to him.
2. Attorneys in Fact shall haw power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory m the nature thereof.
The corporate seal is not necestury for the validity of any bonds and undertaking., recognizances, contracts of indemnity and other writings obligatory
on the nature thereof.
3 Attorneys -in -Fact shall haw power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem.
nity or other conditional or obligatory undertakings and they shall also haw power and authority to certify the financial statement of the Company and
to copies of the By Laws of the Company or any article or action thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 51h day of June, 1979, at which a quorum was present, and said Resolution has not
been amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking 10 which it is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President, and is corporate
seal to be hereto affixed, this 18th day of February 19 83
UNITTEED�� PACIFIC INSURANCE COM�PA�NY
W.
�AL
SE MAL �S!
v �
Asst.Vice President i
STATE OF Washington
COUNTY OF ss.
King
On this 18th day of February . 19 83personally appeared D. Keith Johnson
on me known to be the Vice- President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore
going instrument and affixed the seal of aid corporation thereto, and that Article VII, Section 1, 2, and 3 of the BY Laws of aid Company, and the
Resolution, set forth therein, are still in full force.
My Commission Expires: 7�
July 20 . 19 86 ;,p„ , Notary Public in and for State of Washington
Milton
Residing at
1 Charles J. Falskow , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney executed by mid UNITED PACIFIC INSURANCE COMPANY, which is still on full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of aid Company thisu1 day o��-. 6 i
3` SEAZ Assistant Secretary �+'s•- is.r.at'•— /i. /' CLi.t�SS4 –s"—
BDUsIJI Ed. 4/80 \: ^7%
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
NAME AND ADDRESS OF INSURED
Del Val, Inc.
• CERTIFICATE OF INSURANCE •
Page 13
INSURANCE COMPANIES AFFORDING COVERAGES
Lottery A National Surety Corporation
company B Mission National Insurance Co.
Letter
C
P. 0. Box 18068 11ompany D
letter
Fort Worth, TX 76118 1-ompany E
Letter
This is to certify that policies of insurance listed below have been issued to the insured named
above and are in force at this time, including attached endorsement(s).
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.
NZ
zed Representative
Agency:
FRED. S. JAMES & CO OF OREGON
at�ued
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:
e
(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, tern, 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 terns, exclusions and conditions of such policies, including attached endorsements.
Policy
LIMITS OF LIABILITY
IN THOUSANDS
000
COMPANY
TYPES OF INSURANCE
Policy
Exp,
g. ro uct:
LETTER
COVERAGE REQUIRED
No.
Date
Each
Completed
Occurrence
Operations
A
GENERAL LIABILITY
x Comprehensive Form
x Premises - Operations
MXP56579
5
10/1/35
Bodily Injury
y
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
$ 500
Aviation
AUTOMOTIVE LIABILITY
A
[jx' Comprehensive Form
Q Owned
MXP56574
5
10/1/85
Bodily Injury
(Each Person
$
$
Bodily Injury
(Each Occurrence
nxx Hired
Property Damage
0 Non -owned
Bodily njury and
Property Damage
Combined
$ 500
EXCESS LIABILITY
B
® Umbrella Form
MN04234
10/1/8
Bodily Injury
Other than Umbrella Form
C] Other
Property
Damage Combined
$ 5000
$ 5000
WORKERS' COMPENSATION
Statuto
and
ac
EMPLOYER'S LIABILITY
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.
NZ
zed Representative
Agency:
FRED. S. JAMES & CO OF OREGON
at�ued
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:
e
(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, tern, 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 terns, exclusions and conditions of such policies, including attached endorsements.
0 0
CITY OF NEWPORT B�ACN
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.
( ) 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: BAYFRONT BULKHEAD SEALING SIDEWALK AND PAVEMENT GROUTING NO. 2448
Project Title and Contract No.).
This endorsement is effective October 3, 1984 at 12:01 A.M. and forms a part of
Policy No. MXP5657935
Named Insured Del Val, Inc. Endorsement No.
Name of Insurance Company National Surety Corp. By ����
Auth rIze R�en�
0
CITY OF NEWPORT BEACH
0
Page 15
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 of the named insured in connection with the contract designated below or acts
and omissions of the City of Newport Beach in connection with its general supervision
of such operations. The insurance afforded said additional insured shall apply as
primary insurance and no other insurance maintained by the City of Newport Beach will
be called upon to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
Insurance Company's liability."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to
the terms, conditions and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision con-
tained in the written contract, designated below, between the named insured and the
City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU "hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured named in
paragraph I of this endorsement shall be the limits indicated below for either Multiple
Limits or' Single Limit, whichever is indicated by the letter X in the appropriate box.
( ) Multiple Limits
Bodily Injury Liability
Property Damage Liability
(x) Single Limit
$ each occurrence
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: BAYFRONT FULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING NO. 2448
Project Title and Contract No.
This endorsement is effective October 3, 1984at 12:01 A.M. and forms a part of
Policy No. MXP5657935
Named Insured Del Val, Inc. Endorsement No.
Name of Insurance Company
• • Page 16
CONTRACT
THIS AGREEMENT, entered into this Zday of 19,
by and between the CITY OF NEWPORT BEACH, hereinafter "City,' and
Del Val Inc. , hereinafter "Contractor, "is made with
reference to the fol owing facts:
(a) City has heretofore advertised for bids for the following
described public work:
Bayfront Bulkhead Seal Sidewalk and Pavement Grouting C -2448
Title o 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:
Bayfront Bulkhead Sealing. Sidewalk and Pavement Grouting C -2448
Title of Project Contract No.
which project is more fully described in the contract documents. Contractor
shall perform and complete this work in a good and workmanlike manner, and in
accordance with all of the contract documents.
2.. As full compensation for the performance and completion of this
work as prescribed above, City shall pay to Contractor the sum of
Twenty Seven Thousand Sixty_ Dollars_ and No /100--------------- - - - -($ P7,060.00 ).
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
(f) Plans and Special Provisions for
.o. ...._
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.
CITY OF NEWPORT BEACH
ATTEST:
APPROVED AS TO FORM:
Del Val, Inc.
ty Attorney Contractorn� %
By _4 Uri //
Its
IOl I1r, 061 -M7548
By
Its
CITY
CONTRACTOR
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
0
BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING
CONTRACT NO. 2448
1984 -85
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 . . . . . . . . . . . . . . . .
. . 3
C. Pressure Grout PCC Sidewalk and Pavement. . .
. . 3
D. Material . . . . . . . . . . . . . . . . . . .
. . 4
E. Construction Site . . . . . . . . . . . . . .
. . 4
F. Records . . . . . . . . . . . . . . . . . . .
. . 5
VII.
SCHEDULE OF WORK . . . . . . . . . . . . . . . . .
. . 5
u
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
• SP 1 of 5
BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING
CONTRACT NO. 2448
I. SCOPE OF WORK
The work to be done under this contract consists of sealing bulkheads and
pressure grouting the existing PCC sidewalk. All work necessary for the
completion of these improvements shall be done in accordance with (1) these
Special Provisions, (2) the Plans (Drawing No. M- 5242 -S), (3) the City's
tlon k196C tCIltion), ana (4) the Jtantlard JpeC1T1Cat10nS tor I'Ub11C WOrKs
Construction (1982 Edition), including supplements to date. Copies of the
i y's hard S ecial Provisions and Standard Drawin s may be purchased
at the Public Works Department for Five Dollars ($5).
II. TIME OF COMPLETION
The Contractor shall complete all work under this contract by November 15,
1984, or within thirty (30) calendar days following commencement of the
specified work.
III. 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 459D 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.
. SP2of5
V. 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 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.
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 40 hours in advance of the need for enforcement. In addition, it
shall be the Contractor's responsibility to notify the City's Police Depart-
ment, Traffic Division at (714) 644 -3742, for verification of posting at
least 40 hours in advance of the need for enforcement.
The signs shall (1) be made of white card stock; (2) have minimum dimensions
of 12 inches wide and 18 inches high; and (3) be similar in design and color
to sign number R -38 on the CalTrans Uniform Sign Chart.
The Contractor shall print the hours, day and date of closure in 2- inch -high
letters and numbers. A sample of the completed sign shall be approved by
the Engineer prior to posting.
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 ad-
jacent 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.
w SP3of5
The Contractor shall pressure grout one hole at a time, on a slab. When
grout appears at any longitudinal or traverse 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 wooden plug. The wooden plug shall remain in
place until the grout in the hole is not disturbed by adjacent pressure
grouting.
Pressure grouting or bulkhead sealing shall not be performed during inclem-
ent weather,
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.
C. Pressure Grout PCC Sidewalk and Pavement
The Contractor shall pressure grout the existing PCC sidewalks and pavement
to eliminate any voids beneath the slabs and provide a smooth driving and
walking surface. Injection holes will be drilled in pattern determined by
the Contractor, but shall be no greater than 8 feet apart for sidewalks and
10 feet apart for PCC pavement. 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 Con-
tractor, in developing his drilling pattern, should consider grouting on
both sides of any cracks or joints.
The Contractor shall attempt to pressure grout sidewalk and pavement slabs
with differential settlement in such a manner that will result in their
surface conforming to the plane of the surrounding slabs.
The upward movement of a sidewalk or pavement slab shall in no event be
greater than 0.05 inch in relation to the adjacent slab.
Sidewalk or pavement which h as been raised in excess of the 0.05 inch
allowable tolerance shall be ground or milled to the correct grade as
directed by the Engineer at the Contractor's expense.
The Contractor shall patch back all holes drilled in PCC sidewalk and
pavement with a mortar to a depth equal to the thickness of existing PCC
sidewalk and pavement, and finish the surface to match the existing sur-
face.
In the event that the specified grout material proves unsatisfactory at
any specific location, the Contractor shall cease pressure grouting at
that location until he has received Engineer's approval for a substitute
grout material. Substitute grout materials shall be provided at no addi-
tional expense to City.
• SP4of5
The Contractor shall take necessary precautions to prevent grout from
being pumped or disposed of into any drainage or other opened struc-
ture.
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 Section 201 -1.2.5
(b) and (c) of the Standard Specifications.
c. Water
Fresh and free from deleterious materials or organic matter.
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
. SP5of5
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.
VII. SCHEDULE OF WORK
The Contractor, in scheduling his work, shall begin the project by sealing
all bulkheads and grouting sidewalks, followed by grouting Balboa Boulevard
and finishing with the grouting of Bay Avenue.
Y.
• BY THE CITY COUNCIL* September 24,
CITY OF N
1984 )
E r-g-
WPORT BEACH CITY COUNCIL AGENDA
ITEM NO. F -3(c)
SEP 24 1964
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: ;BAYFRONT BULKHEAD SEALING SIDEWALK AND PAVEMENT GROUTING (C -2448
RECOMMENDATION:
Award Contract No. 2448 to Del Val, Inc., of Fort Worth, Texas,
for $27,060 and authorize the Mayor and the City Clerk to execute
the contract.
DISCUSSION:
At 11:00 a.m. on September 13, 1984, the City Clerk opened and
read the following bids for this project:
Low
Del Val, Inc.
$27,060.00
Fort Worth, Texas
2
James E. Lenihan
$31,850.00
Torrance, California
3
Hunt Contracting
$32,930.50
South E1 Monte, California
4
R. E. Lenihan International
$35,405.50
Huntington Beach, California
5
Masscon, Inc.
$49,800.00
Ontario, California
The low bid is 23% below the Engineer's estimate of $35,000.
The low bidder, Del Val, Inc., is a well - qualified general con-
tractor who has successfully completed similar work for the City.
The project provides for the sealing of bulkhead joints and the
filling of voids under the adjacent concrete sidewalk on Balboa Island and
the Peninsula, and the filling of voids under Bay Avenue (see attached
sketch).
The repairs should eliminate the transport of sand through the
bulkhead by tidal action and reduce the rate of cracking and settling of
the roadway. In addition, the repairs may help to alleviate noises and
vibrations felt by resident adjacent to the roadway.
Funds are available in the current appropriation for Balboa Island
Bulkhead Joint and Sidewalk Rehabilitation, Account No. 02- 4197 -246
The plans and specifications were prepared by the Public Works
partment. The c_ ontcact requires completion of all work by November 15, 1984.
Benjamin B. Nolan SJL:jw
Public Works Director Att.
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 13th day of September, 1984, at which time such bids
shall be opened and re—ad-76r
BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING
Title of Project
2448
Contract No.
'PAT Estimate
Approved by the City Council
this 27th day of August , 1984.
AUG . I
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 Luy at 640 -2281.
Project Engineer
�i
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVE14ENT GROUTING
CONTRACT NO. 2448
1984 -1985
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
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. 2448 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
NO.
QUANTITY
AND UNIT
ITEM DESCRIPTION
UNIT PRICE WRITTEN IN WORDS
UNIT
PRICE
TOTAL
PRICE
1.
Lump Sum
Mobilization and traffic control
@ 11,f eWfV -SEc nJ k / /JA Oe- cF_O Dollars
T-' -7 and
/UDlzyC� Cents
on
$
—7-
Lump hum
2.
400
Seal bulkhead joints and pressure grout
One hundred
existing PCC sidewalk
weight
@ Dollars
and
Tar�r✓vy Cents
$-/7- �
$ 00
d
Per one hundr weight
3.
1,390
PCC pavement pressure grouting
One hundred
�
'w
weight
@ / -,
�Ly6- Dollars
and
Al �/ oy Cents
Per a hundred weight
$ 12 �
/a tl6
$ �6i loOU `l
C -2448 0 • PR 1.2
TOTAL PRICE WRITTEN IN WORDS:
M M C61- 307548
Contractor's License No. & Classification
Date 9-11-84-
Bidder's Telephone Co. '9601,5-+7 - YA 79
Dol 1 ars
and
$ 24aa poo
✓EL l�R �� /NG ,
Bidders Name
Authorized Signature/Title)
Bidder's Address /? 0, /3oK /8068 Fr. Wox-rn %x, 761123
• • 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.
CC LAM 061,W7548 1/ /
Contr's Lic. No. & Classification
9- 1i -B4--
Date
DE" AL ) NG,
Bidder
u orized Signature /Title
• 0 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.
EL- VAL-J I Air-,
Bidder
�dV4-) n .
uthorized Signature/Title
0
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, Del Val, Inc.
11
Page 4
as bidder,
and United Pacific Insurance Company , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten percent of the amount of bid
llars ($ ioi ),
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
front Bulkhe
e
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 13th day
of September , 1984.
Del Val, Inc.
(Attach acknowledgement of
Attorney-in-Fact) q�
thorized Signature/ Title
Notary Public
Commission expires 5 —aq -H
United Pacific Insurance Company
By
Title K. C. Kraig, Art ney -in -fact
TTXq=ED I= *CIP'IC INBURANC& COMPANY
HOME OFFICE, TACOMA, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby mske,constitute and appoint
K. C. KRAIG of PORTLAND, OREGON------------ - - - - --
its true and lawful Attorneydn -fact, to make execute, seal and deliver for and on its behalf, and as its act and dead
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP----- - - - - --
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other
writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested
by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in -fact may do in pursuance hereof,
This Power of Attorney is granted under and by authority of Section 37A of the By-Laws of UNITED PACIFIC INSURANCE
COMPANY which provisions are now in full force and effect, reading as follows:
SECTION 37A — ATTORNEYS-IN -FACT
SECTION 1. The Board of Directors, the President, or any Vice - President or Assistant Vim-President shall have rower and authority to: (a) appoint
Attorneys -in -fact and to authorize them to execute on behalf of the Company, bonds and undertakings, fecognizances. contracts of indemnity and other
writings obligatory in the nature thereof, and Ib) to remove any such Attorney- m-iaci at any time and revoke the power and authority given to him.
SECTION 2. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
This power of attorney is signed and sealed by facsimile under and by aulhonty of the following Resolution adopted by the Board of Directors c
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971, at which a quorum was present, and said Resolution
has not been amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such lower of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such lower so executed and certified by
facsimile signatures and lacsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vim-President, and its corporate
seal to be hereto affixed, this 1Tth day of August 19 T8
UNITED PACIFIC INSURANCE COMPANY
ct;� STATE OF Washington P Vice-President
COUNTY OF Pierce sz.
On this 17th day of August , 191$„ personally
WM. J. COTTER
to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and
acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Section 37A, Section 1
and 2 of the By -Laws of said Company and the Resolution, set forth therein, are still in full form.
My Commission Expires: —
January 15 82 ?. (� Washington
• 19 — " "`" "° Notary Public in-and for State of
_ runk
:'n•'O` Tacoma
Residing at
Gerald C. Lyon , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney executed by said UNrTE PACIFIC INSURANCE COMPANY, which is still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
BDU -1431 ED.2 -72
aaas
or Se2tember,1e 84
• • 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 107H day of Sf�-pT_ ,
191C.
My commission expires:
��eL VAS INC..
Bidder
Authorized Signatur /Title
Notary Public%
•
• 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.
/3Y l-oG2-
Ov(t (SGRL- y6 A- C�"oiNG
DEL- VAL INC,,
Bidder
i P ,
Authorized Signature /Title
0
0
Price 1600 TWO TANDY CENTER
FORT WORTH,TEXAS 76102
ater OuSe 617 335 -6271
October 21, 1983
To the Shareholder and Director of
Del Val, Inc.
In our opinion, the accompanying consolidated balance sheets
and the related consolidated statements of income and retained
earnings and of changes in financial position present fairly the
financial position of Del Val, Inc. and its subsidiary at Sep-
tember 30, 1983 and 1982, and the results of their operations and
the changes in their financial position for the years then ended,
in conformity with generally accepted accounting principles
consistently applied. Our examinations of these statements were
made in accordance with generally accepted auditing standards and
accordingly included such tests of the accounting records and
such other auditing procedures as we considered necessary in the
circumstances.
DEL VAL, INC.
CONSOLIDATED BALANCE SHEETS
SEPTEMBER 30, 1983 AND 1982
ASSETS
Current assets:-
Cash
Receivables:
Contracts, net of allowance for
doubtful accounts of $3,047
and $ 0, respectively
Contract retentions
Other
Costs and estimated earnings in
excess of billings on
uncompleted contracts
Inventory
Prepaid expenses
Total current assets
Machinery and equipment, net of
accumulated depreciation of
$485,515 and $425,117,
respectively
0
September 30,
1983 1982
$ 13,716 $ 6,037
463,500 265,434
64,291 47,019
4,409 5,546
532,200 317,999
93,155 107,737
33,982 55,608
4,274 6,280
677,327 493,661
244,907 256,571
Cl: 1
Lc I
Other assets 6,511 4,880 C
928 4 25-L11-2
0 0
DEL VAL, INC.
CONSOLIDATED BALANCE SHEETS
SEPTEMBER 30, 1983 AND 1982
LIABILITIES AND SHAREHOLDER'S EQUITY'
September 30,
1983 1982
Current liabilities:
Notes payable $140,145 $105,533
Note payable to shareholder 50,000
Current portion of long -term obligations 56,150 56,250
Trade accounts payable 123,696 96,718
Accrued liabilities 28,610 45,693
Deferred income taxes payable 25,213 -� 4,000
State income taxes payable 71446 -- _ 510
Total current liabilities 381,260 358,704
Long -term obligations:
Notes payable to shareholder and officers 124,432 145,197
Note payable 102,188 110,500
607,880 614,401
Shareholder's equity:
Common stock, no par value, 500
shares authorized, 300 shares
issued and outstanding 8,785 8,785
Retained earnings 312,080 131,926
Commitments (Note 9)
320,865 140,711
$928,745 jjj5 112
The accompanying notes are an integral
part of these financial statements.
0
0
DEL VAL, INC.
CONSOLIDATED STATEMENTS OF INCOME
AND RETAINED EARNINGS
FOR THE YEARS ENDED SEPTEMBER 30, 1983 AND 1982
Revenues:
Construction revenues
Other income
Costs and expenses:
Costs of construction
General, selling and administrative
Depreciation
Interest
Income before taxes
Provision for income taxes
Net income
Retained earnings, beginning of year
Retained earnings, end of year
War ended
September 30,
1983 1982
$2,764,653
3,752
2,768,405
1,963,318
428,673
104,340
63.261
2,559,592
208,813
28,659
180,154
131,926
$ 312.080
The accompanying notes are an integral
part of these financial statements.
$1,490,660
14,131
1,504,791
1,023,287
233,027
111,832
75,952
1.444.098
60,693
4,510
56,183
75,743
S 131,926
9
• Page 7
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
Colleted For Whom Performed (Detail) Person to Contact Telephone No
DEL /AL-, lNc_.
Bidder
uthorized Signature /Title
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THE NEWPORT ENSIGN
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange,
I am a citizen of the United States and a resident of the
County aforesaid, I am over the age of eighteen years,
and not a party to or interested in the above - entitled
matter. 1 am the principal clerk of the printer of the
Newport Harbor Ensign newspaper of general circula-
tion, printed and published weekly in the city of
Newport Beach, County of Orange, and which news-
paper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Or-
ange, State of California, under the date of May 14,
1951, CASE NUMBER A-20178 that the notice, of
which the annexed is a printed copy (set in type not
smaller than nonpareil) has been published in each
regular and entire issue of said newspaper and not in
any supplement thereof on the following dates to -wit:
s�a9
I certify (or declare) under penalty of perjury that the
foregoing is true and correct. Dated at Newport
Beach, California, thlagday of 19 8!f
Signafur
THE NEWPORT ENSIGN
aylq�.
This -- space is for the County Clerk's Filing Stamp
A
Proof of Publication of
NOTME Vanua taws
Seabd We may be modved at the offim of the Oft CLdG 3900 Newport
Bwliwud, Nwyee Beaob, CA 97889 1e1011A0 a.m. credo 1901 dar of
SaPbmber, 1994 at wbbb Am meb'blde AA be apased aid reed tm
BATbBONt HD ?A 6AA6 r9 Ay$ tNQ, flipiMA4t #XD
.. Coatraee No. no
,:.896.000.
. Aw"Ovetby0leCRY
. Csr flrb ..
PorlaAha!afpogatlon, ao9 Bbpbso ..... .
9 198 L°Or l�sellACf L�1, at
PROOF OF PUBLICATION 9h
0 0 c - %x+45
BY THE CITY COUNCIL 1 39)
CITY OF NEWPORT BEACH August 27, 1984
AUG 2 71984 CITY COUNCIL AGENDA
ITEM N0. F -11
T0: CITY .COUNCIL _416A� -
FROM: Public Works Department
SUBJECT: BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING (C -2448)
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to be opened
at 11:00 a.m. on September 13, 1984.
DISCUSSION:
The project provides for the sealing of bulkhead joints and the
filling of voids under adjacent concrete sidewalk and concrete roadways.
The process consists of pumping a cement slurry into the bulkhead joints
and under the sidewalk and roadway until the joints have been sealed and
the voids filled. The process will also include the raising of roadway
slabs to eliminate differential settlement and provide a smooth roadway.
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. In addition, the roadway should exhibit a reduced rate of crack-
ing and settling. The repairs may also help to alleviate noises and
vibrations felt by residents adjacent to the roadway.
The estimated cost of the work is $35,000. Funds are available
in the current appropriations for Balboa Peninsula Pavement Subsealing
(Account No. 02- 3397 -274) and Balboa Island Bulkhead Joint and Sidewalk
Rehabilitation Program (Account No. 02- 4197 -246).
The plans and specifications were prepared by the Public Works
Department. The contract requires completion of all work by November 15,
1984.
The location of the project
Benjamin B. Nolan ,
Public Works Director
SL:jw
Attachment
is shown on the attached sketch.
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P.PO✓ECT. LOC.47"/O/V S
G -2448
CITY OF NEWPORT BEACH DRAWN DATE
PUBLIC WORKS DEPARTMENT APPROVED
BAj'FRONT BULKf�EAO Se4L /N6 PUBLIC WORKS DIRECTOR p
R.E. NO.
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