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HomeMy WebLinkAboutC-2525 - Balboa Island Bulkhead Repair near Waters Way2410 Newport Boulevard Newport Beach, California 92663 -3798 �I�►v T/� Telephone (714) 673 -1%0 WATERFRONT CONSTRUCTIOAT Co,,,,d „s „� 453559 February 22, 1989 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention: G. P. Dunigan J# RE: Gateway Construction Payment RECERM ” ja 4 RN Dear Mr. Dunigan: t �e101 Enclosed is a release for the above referenced. , Payment has been received (less attorney fees). Thank you for your cooperation in this matter. Sincerely, TRAUTWEIN BROTHERS WATERFRONT CONSTRUCTION Ruth Honeywe u (•. l Syr ✓;fi ;der t = crrey Dir. R Dir. €nning Dir. FcRce Chief k;'OXAZ. Dir 1 Other - taz Upon receipt by the undersigned of a check from Gateway Const. , Inc. In the sum of $_L, 4 9 5 - 0 0 payable to William Anderson, Attyffl' Utftin Brothers (Amount of Check) (Payee or Payees of Chackl and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shalt become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of City of Newvort Beach loa.nen located at 11A So. Bav Front. Balboa Island (00 DeecHPlJon) This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of $ -0- Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: February 22, 1959 Trautwein Brothers Waterfront Const. (Company Name) . By .i Bookkeeper Inns NOTE This form of release complies with the requirements of Civil Code Section 3262(dK3). It is not effective until the check that constitutes final payment has been properly endorsed, and has cleared the bank. USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR FOR WAGES WOLCOTTS FOAM 3262.3— CDNDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT —Am. 1-85 ©1985 WDLCDTTS. INC. WK. OaSS 7.2) THE UNDEROESIGNED HAVE PFVRMED LABOR FOR WAGES ON THE PRCST DESCRIBED ON FACE OF FORM ' :: 3 AND HAVE BEEN PAID IN FULL TO DATE f5igrtaereaFtli.;drueParom gl�orFa wages) — (Date7 (Signaaxea Individual Pedm.y Labor For Wages) (Date) (SgtWre 0(Individual Pedonniig labor For Wages) (Date) (Signature Of Individual Pakinnig labor For Wagas) (Date) (Signature Of trttividual PertonnirgLabor For Wages) (Dale) . (Signature Of Individual Pertor nhg labor For Wages) (Date) (SViatureOl Individual Pe"omvng Labor For Wages) (Date) (Signature Of Mdvidual Performing tabor For Wages) (Date) (Signature Oflidvidual Performirg Later For Wages) (Date) (Slgnabwe Of Individual Peforming Labor For Wages) (Date) (Stgranne Of lndrholual Perlon'i'vrg Labor For Wages) (Date) (Signature OI Inc iwkal Pedorai g Labor For Wages) (Date) (Sgrature Of Individual Pertomnng Labor For Wages) (Date) �(Signature Ol Individual Pertorming Labor For Wages) (Date) (Signature Of Individual Pedorrrung Labor For Wages) (Date) (Signature Ot Individual PedIXnung tabor For Wages) (Date) (Signature Of Individual Performing Labor For Wages) (Date)' (Signature Of Individual Performing labor For Wages) (Date) (Signature OI Individual Perfornu g tabor For Wages) (Dale) (Signature Of Individual Peforming Labor For Wages) (Dale) t BE SURE TO C06PME OTHER SIDE a 4 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 October 18, 1988 (714) 6443005 Gateway Construction, Inc. 5050 Garford St., 4221 Long Beach, CA 90815 Subject: Surety: Employers Insurance of Wausau, a Mutual Company Bonds No.: 065049040416 Contract No.: C -2525 Project: Balboa Island Bulkhead Repair near Waters Way The City Council of Newport Beach on September 26, 1988 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 of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on September 30, 1988, Reference No. 88- 500068. Sincerely, <t Irene Butler Assistant City Clerk IB:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk /���'' City of Newp rt Bea h 3300 Newport Boulevard Newport Beach, CA 92663 ►1i'LIYI Y1I�� &W RECOWNG REQUEST PER 88- 500068 GOVERNMENT CODE 6103 NOTiCF. OF COMPLETION PUBLIC WORKS RECOR(NQ RECORD$ OF CALWORNIA -2 OR PM SEP 30'88 i I o All Laborers and Material Mew- and - -to E - Other- Pazson Interested: YOU WILL PLEASE TAKE NOTICE h'at on September 26, 1988 the Public Works project consisting of Balboa Island Bulkhead Repair near Waters _ Way (C -2525) on which Gateway Construction, was the contractor, and Emplo} was the surely, was completed. VERIFICATION I, the undersigned, say: San Francisco, CA 94104 CITY OF NEWPORT BFACH 'Aublic� Works Director I am the Public Works Director of the Cit 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 September 30, 1988 at Newport Beach, California. Pu1c'forks 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 September 26, 1988 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 September 30, 1988 at Newport Beach, California. `City Clerk F" ! RECEIVED OCT 19 1911 10 NEWNT 9" IM T23U919 ONI MM3A "Mo Via 3CQD TNIM0,13V08 T ,. r,10 v r... IRe!- CITADF NEWPORT AACH OFFICE OF THE CITY CLSRK P.O. BOX 1768, NEWPORT BE?kt! - jjCA 92658-8915 (714) 644 3W September 30, 1988 County Recorder's office P.O. Box 238 Santa Ana, California 92702 Enclosed is the following docarent for recordation and return to the above -named office: Balboa Island Bulkhead Repair near Waters Way (C-2525). Sincerely, 4�a7 Wanda E. Raggio City Clerk 3300 Newport Boulevard, Newport Beach Ci STOP NOTICE NOTICE TO TO HOLDER OF FUNDS of Newport BEach (Name of owner, construction lender or 3300 Newport Blvd. Newport Beach, (Address of owner or cons"*6 n 92663 , HOLDER OF FUNDS, YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, 2410 .Newport Blvd. Trautwein Brothers Waterfront Const. Newport.Beach, CA 92662 (Name and address) has furnished or has agreed to furnish Labor, materials and equipment (labor, services, equipment, materials) of the following Install 3 new pile, return old dock from mooring & reinstall (general equipment or to or for Gateway Construction, Inc. for the work improvement, located at, or known as: (name of person to or for whom furnished) 118 South Bay Front, Balboa Island, CA 92662 (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 5,495.00 The amount in value of that already done or furnished by claimant is E 5,495-00 Claimant has been paid the sum of $ —0 , and there remains due and unpaid the sum of $ 5,495.00 plus interest thereon at the rate of 18 per cent per annum from 5-30 -88 19— YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. October 3, 1988 Trautwein Brothers Waterfront Const. Ran of Gaimant 2410 Newport.Blvd. Newport Beach 92663 Address of Claimant STATE OF CALIFORNIA Orange )j ss. COUNTY OF nl7O❑ a34Tia�6 Samuel F. Kniss a being duly sworn, deposes and says: That —he is the person(s) who signed the foregoing Stop Notice; that —he has read the same and knows the contents thereof to be true of his_ own knowledge, except as to any matters or things that may therein be stated on h is information and belief and as to those matters and things —Ile believes them to be true. Subscribed and sworn to before me OFFICIAL SEAT this 3rd day of October 19 88 JUNE I JOHNSON � r • �� NOTARY R - CALIFORNIA + olaANGE wce counTr Rotary Wand in and for said State My comm. expires MAR 31, 1992 uanid4 mv�cs cL e� to � C00=11 as law m YE A 7OO alpl� ntl R all le e0 6Ldw, aTOF NOTICE dawbr tha tanaa alaan rot aWa 1Nreaaa. WOLCOTTt FORM 004 —w[v. i•Ti (prEe rbaJ) 0 TO: CITY COUNCIL FROM: Public Works Department Otember 26, 1988 CITY COUNCIL AGENDA BY THE CITY COUNCIVEM NO. F -12 CITY OF NEWPORT BEACH SEP 2 61988 APPROVED SUBJECT: ACCEPTANCE OF. BALBOA ISLAND BULKHEAD REPW NEAR WATERS WAY CONTRACT NO. 2525 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 the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the repair of the Balboa Island Bulkhead from Park Avenue to Emerald Avenue has been completed to the satisfaction of the Public Works Department. Since completion of the construction a number of Notices to Withhold Funds from subcontractors and material suppliers and claims for damage to adjacent private property have been received. These will be handled in the appropriate legal manners. The first step in the process is the filing of the Notice of Completion as recommended above. The bid price was $387,500.00 Amount of unit price items constructed 368,490.12 Amount of change orders 2,948.80 Total contract cost 371,438.52 The decrease in the amount of the unit price items constructed resulted from less rock being required than had been estimated. One change order was issued. In the amount of $2,948.80, it provided for rotary drilling of the pressure grout holes through previously placed cementatious grout. Funds for the project were budgeted in the General Fund, Account No. 02- 4297 -395. The contractor is Gateway Construction, Inc. of Long Beach. The contract date of completion was March 25, 1988. The work was substantially completed by that date with final clean -up completed by April 1, 1988. Benjamin B. Nolan Public Works Director PD:so J FORM 107 . Y ... STOP H©T HOLDkTRUCTI TO: CITY OF. NEWPORT°' ACH.:. PROJECT: Ay 3300 NhW'iv3 fuNneww! - -• BETWEEN EMERALD 1, PAR 4A nai.erwrwwer.wnirrl.w NEWPORT BEACH, CA 92658 BAL)80A ISLAND NEWPORT BEACH, CA � 1 kr.Nm adalp ,fe.b TAKE NOT10ETHAT' EC'E6""�'Q13"I�RPf ... IMrerN Mr pnren er llfm, rlr4Nn. ar. pee nrarr. LkMwa LOnbwrMrwY �.eww wow whom address eddret is. 1417 N. ,SUSAN STREET�$ANTA ANA CA` 92703: -' Naa..Nearwnw nmdWNne.mp nols has perforlsM laberud furnished materials for work of impiorammt deeraibod as follows: SOUTH BAY FRONT WALKWAY _BETWEEN EMERALD AND °PARK ON-t'BALBOA ISLAND. 'NEWPORT BEACH. .CA INarrw ana o tlon a ep P Not? co w wag or mstwlan a we Tare". '.... i The Tabor and material tumidsd.by etaimpt m of the fdlowinp pellalal kind: RENTAL OF A CASE 1085B EXCAVATOR EOUIPMENT #473 'I*..a ersuyuen Of wart rM rnam.M Nmlrtraal .. '� The labor and ;msor minefumidtadt p;or for the followinpparty: NOVECO CONSTRUCTION 21813 PICO STREET GRAND TERRACE, CA 92324 �. -:, INamr aDwwwno orewee tMwM amNMW j The value of the whole amount of labor and materials agreed to be fum'shM is p 18:08 0 '.'00 - PLUS 430.00 interea ITOW of wwvlhwq dt n wwr or i.Orrwarwa w WmW) The value of the labor and materials fum6hed to date is S 18,518-00 : Claimant has been paid (Tool role. N Wo 00 Me wwNh Wmpnaa by N.Irrrwnl the vim of S NONE and them is due; owing and unpaid the vim oft 18, 518 00 * * topether ITosm am m wlrbn no bwn plea w dalmwd la.lws. aw w ad~t on aw'pwNod with interest at the rate.of 12 % per mnum from :MAY 1 '18—BB-. (MwrNONaNafi ooritrwi epww,ePlr.IrY fern) IpNp wliwr. ulNSbTwrw bw'wne aurl You am required to set aside efficient funds to satisfy this claim with Interes t. You are abo_omifiedibot claintent china in equitable lion aWina any CokWUCtlon (umds foe dm projea which as in youk bands. ...: RAM NAME: ECCO - EOUIPMENT - CORPORATION ' ** SERVICE CHARGE /INTEREST INCLUDED IN THIS AMOUNT Byc ar.a. N op peroaatYmwt -mYR Ma Sin wi r Navel V13UNCATION 1, the undersigned, say: I am the CONTROLLER /CFO the claimant of the foregoing t••prwlMm o1 ".'aYnae.r o1 -. -A pwlwl W. "pwMr of. • M..) Stop Notice; I have mad said Stop Notice and know the content thereof; the same it true of my win knowladps. I declare under penalty of perjury don the forepinp is tnre and correct. Executed onAUC:1IST 11 ,18 _$.$_ , a SANTA ANA _ ; California. 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'qof a!lgnd a uo si a3!1ou does a41 ;I :811d of sJ>t4M- IVIelo aollou dots, a,4l, Appes of Aauow luataglns p10441!m lsnw Japlo4 pun; JO laumo 8411 :00110N doiS ;o 1oo#3 'uonaldwoa ;o eolou a41 Bu!plooei lace sAep 0£ 'U!4i!m pal!1 aq lsnw. sa!lou dols.agl' 'aseo 1841 ul -uogaldwoa ;o aollou a sploaav laumo eLp ssa!un.'luawaAoidw! to �liom anlua-- a41. ;o uollaldwoa ay;-laue'sAep 06 u!41!m pal!l.aq lsnw aollou doss a41 le4l sueaw s!y'1 -'suap SDIU8430W 6ulpioaaJ io; pound 0.41 se awes 841 s6 saa!lou doll 6u!p; io; po!Jad aq1 :6u WA Jo; aw!1 S331ION dOls inOSV NOI.LVWUOdNh- -ta STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS 9F is 0 l9tifiNN c� P ti (Name of owner, construction lender or public officer) 3300 NEWPORT BLVD. NEWPORT BEACH, CA. 92658 HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, PAUL HUBBS CONSTRUCTION CO. 140 W. VALLEY BLVD. R (Name and address) has furnished or has agreed to (labor, services, equipment, materials) of the following kind 18" RIPRAP ROCK + TRANSPORTATION + SALES TAX (general description of labor, services, equipment or materials) to or for GATEWAY CONSTRUCTION for the work improvement, located at, or known as: (name of person to or for whom furnished) BALBOA ISLAND BULKHEAD REPAIR, NEAR WATERS WAY C2525 (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $___L8 , 388. 85 The amount in value of that already done or furnished by claimant is $ 38 388.85 Claimant has been paid the sum of $ 1 R , 6 A 7.211 , and there remains due and unpaid the sum of $ 1-9,701-65 , plus interest thereon at the rate of per cent per annum from 2-1 thru 3 -24 , 19 " Gate �S �Y RE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. COMES SEAT TO: • Mayor rr3 Councilmen opanager Dated: AUGUST 9, 1988 l2rAltorney ❑ Pltlg. Du. c-19el Dir. G"cS RDir. l 17 Plann ning Dir. i 17 Police Chief SATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss. PAUL HUBBS CONSTRUCTION CO. Name of Claimant 140 W, VALLEY BLVD. Address of Claimant RIALTO, CA. 92376 PAUL J HUBBS _ , being duly sworn, deposes and says: That _he is the person(s) who signed the foregoing Stop Notice; that —he has read the same and knows the contents thereof to be true of iS own knowledge, except as to any matters or things that may therein be stated on h --- isinformation and belief and as to those matters and things _he believes them to be true. A� AUL J HUBBS — OWNER Subscribed and sworn to before me OFFICIAL StAL t 62�1 of AUGU T 19 88 PAMELA R. MILLIKEN NOTARY PUBLIC • CAIIFORNIA SAN BERNAPM40 COUNTY Notary Public and in and for said State MY � rupirm Mary, U, 1990 Rawaa 92376 Tbb standard ram coven most usual pe blame m We field Indleated. Befom 5: ailg and k fill In all blanb. STOP NOTICE and make lunge, groper m year tnm+acdon. Conselt a lawyer if you doubt the fmm a at" for tour purpose. WO"O"S FORM !Ye —Rev. X -73 (PnM. as3) ams FORM 107 PUoUC V' lIS 1 rt MAY 2 7.1988 ► City OF i UGAL- NOTICE TO WITHHOLD CONSTRUCTiQN.FUND NEWPp� ' (Public or Private Work) CALF � �' Balboa boa I City of Newport ,B"ich. _'PROJECT: ' • . (Name of own., ubttg bady,a��[ �aomtruatlon fund holder) T ': N ( -1 :� .: . Public 1°lorktk_raepartment Bulkhead I�epair,Near , Way IAeer. a If elrec o . n. or Inar me le+n is etltlres of Oreiieh kgeMa hnel Address Newport Beach, Ca `92658 :.''',- CIV, of Newport Beach (City. state and sip) _ seals an alp) F � i TAKE NOTICE THAT NOVECO, INC. { y � INMI+of.tlw.YYien or flan cl.l Inp dy ngtpflL- b!(jdeon4.ewrt mYR UM iM pna unWrvihkh gpnbeewiiikenr lrlw+e) whose address is a S ..` 09 z94 21$1 Pico St , (gddr bt pi nor-frrrdrAW Ra fapp A F has performed labor and furnished materials for a work of improvement d `d as follows:. D 1 Bulkhead Repair - Contract /1255: .. . (Name antl'pcatlow,of tags pFaiegt.wnW work a matsnais wew frral+had):- t ., The labor and materials furnished by claimant are of the f' Ipgeneral kind: MAY 3. i im = .1 • ;'.. .co , axf of ;.. Joenarsl description of work moo meterlN+ furnished) The labor and materials.vrere furnished to ei for the following party: C` IName of party who ordered the work or mawmals : -;' The value of the whole amount of labor and materials agreed to be furnished is $ 7 ") - - _ NQ otawy "claimant agreed or contracted to furnish) 2 356>3.00 The value of the tabor and matedah furnished to date Is $ 90 i _ Claimant has been paid (TOUI value of everything actually furnished by claimant) the sum of $ 1 J }.,.1 fig. fit and there is due, owing, and unpaid the sum-of $119,186 • .3F together (T.i I amount whfeh has =n paid to alablu nt) (aalinee due to claimant on the project) with interest at the rate of Ten (16) per annum from '' Nay. 1 f 1988 Ifncerest as specified in contract. If none, legal rate Is 7 %) 'IOW when unpaid balance became dual 1 You are required to set aside sufficient funds: sfy this claim with interest. You are also nolif}ed that claimant claims an- equitable lien against any const n furnds for this project which ul your hands. A FIRM NAME: NOVECO, INC. (Name of •calment -see InmuclioM for detell+l By; (Owner or agarlt at No notlee elalmant must sign has and verily below) — , - - - -- VERIRCATION "I, the undersigned, say: (am the -%AGrit.lr ©,C the claimant of the foregoing v- President of-- "Manager of" "A partner of ". --owner of;' etc.) Stop Notice; 1 have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on ` .s!/it/ �� '19 0 , at / ,California. (Oita t +eacummt wa+Ngned) (Name of city w M Nop notice signed) . Ian art 1gr— PUSUSHEDBY • A31WH011V HnOA '3vn0330Hd mood of SV 18n00 An 3AvH noA it It f ( RI f' i'I f :f' I:E I I.'I I c. 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'qof o!ignd a uo it aoliou dots aµ1 11 :ell! 09 9184M -uuelo aoliou doss a41 A pes of .Aauow tuai3g,ins p10441!m isnw iaploq puny to laumo a41 :ea11oN dotS 10 138143 'uo!la!dwo3 yo ao!1ou 941.5u!pl03ai lace sAep OC w41!m pal!; aq isnw amlou dots o4i 'aseo 1eµ1 ul -uoilaldw63 ;o 8311ou a spio3ei i96mo 941 saelun'luawoAoidwl ;o 3pom aiuue 941 ;o uopaldwoo a4l lake sAep 06 u!y1!m poll; aq isnw eoliou dois 943 1e4i sueew s!41 -suag smuegaaw 6ulpiooai io; pouad a41 se. awes 941 sl saogou dots 6u!!!; lo; poised 041 :Bullsd 10; ew!1 S3 ?uoN ¢Ols .Lnoev N011vwis0m1. iv- i, .������ a i iii i i i i. 8: 9 STOP NOTICE ^- , 0 NOTICE TO WITHHOLD TO HOLDER OF FUNDS PURSUANT TO SECTION 3181 OF THE CALIFORNIA CIVIOD�A%'2 City of Newport Beach (Name of owner, construction lender or public officer) t 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California DS. (Address of owner or construction lender) 92658 YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Guy F. Atkinson Construction Company, A Division of Guy F. Atkinson Company, P.O. Box 259, Long Beach, California 90801 (Name and address) has furnished or has agreed to furnish labor and equipment (labor, services, equipment, materials) of the following kind barge rental, operated and maintained. (general description of labor, services, equipment or materials) to or for Noveco , for the work improvement, located at, or known as: (name of person to or for whom furnished) Balboa Island Bulkhead Repair, Balboa Island, California (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 79,730.00 The amount in value of that already done or furnished by claimant is $ 79,730.00 Claimant has been paid the sum of $ 34.544.00 , and there remains due and unpaid the sum of $ 45.186.00 , plus interest thereon at the rate of 10 per cent per annum from March 29 1988 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Guy F. Atkinson Construction Company A Division of Guy F. Atkinson Company 5/20/88 By: Paula J. Bate Name of Claimant P.O. Box 259, Long Beach, California 90801 Address of Claimant The Preliminary 20 day Notice required by Section 3098 of the California Civil Code was served by STATE OF CALIFORNIA ) the undersigned on the City of Newport Beach and COUNTY OF-4-9 s A- a�+6at c�sz )} ss. Gateway Construction respectively, on 1/20/88. �4ue—A T. /3A7-zf 5 .45 ro r?w - -F- being duly sworn, deposes and says: That 2—he is the person(s) who signed the foregoing Stop Notice; that the has read the same and knows the contents thereof to be true of ER own knowledge, except as to any matters or things that may therein be stated on h,09— information and belief and as to those matters and things ,-he believes them to be true. Date .� CIVIES SENTTa yer p Cou men 1 . e9� Subscribed and sworn to before me tiorneY 13 Bldg. Dir. this et `` day of A�VA--1 19 . Notar tic and in and for said State (3 GenSery Dir. 0o6RWr. o Dir. p hot G ���� GG V �_ z3 7%h slaadard form woven maid ,Red p,obleme in the field Indicated. Liam ran rte ,aed fi. HH m ell blade. STOP NOTICE mid ms" ehao{m Peeper to roar b"^"""^^. Consalt a lawyer if you doubt the forme Him„ for Your vanpoee. , WOLCOTTS FORM SShRwv. S -TS (pdWtW,3) a UB�iq ��qKS Mgy2 . NFWpC; 31388 -: • • TO: CITY COUNCIL February 22, 1988 ,= CITY COUNCIL AGENDA BY THE CITY COUNCIL ITEM NO. J -2 CRY OF OMRT BEACH 221988 APPROVED FROM: Public Works Department SUBJECT: BALBOA ISLAND 8= W WATERS WAY %- -M5) RECOMMENDATION: Allow the substitution of subcontractor. DISCUSSION: Contract No. 2525 requires that a rock buttress be place in front of the bulkhead in the 100 Block of South Bay Front. After rock is placed to stabilize the wall, chemical grout will be used to seal open joints between bulkhead panels and seal cracks that have developed over the past 60 years. The grout will be injected at 31: -foot intervals immediately behind the bulkhead as deep as 15 feet into the sand. The contract estimate is for 17,000 gallons of grout to be injected. On October 26, 1987, the City awarded Contract No. 2575 to Gateway Landscape Construction, Inc. for $387,500. In their bid proposal, Gateway listed Sam -Cal Corporation as their subcontractor for bid item No. 16, chemical grouting. Gateway is now asking the City for permission to substitute Pressure Grout Company as their subcontractor. The reason for their request is Sam -Calls failure to execute.a subcontract with Gateway. (See attached letter from Gateway's attorney, D.A. O'Mahoney.) Substitution of subcontractors is governed by provisions of the Subletting and Subcontracting Fair Practices Act ( "Act "). The Act authorizes substitution "when the subcontrator listed in the bid, after having had a reaso- nable opportunity to do so, fails or refuses to execute a written contract... "which is based on the eneral terms conditions lans and s ecifi- catian for the�r�o,'e�ct ... " or a written bi if one was submitted. Section • 4 0 (TT a) 0 the Public Contracts Code) Based upon discussions with the parties, there is agreement that no written bid was submitted by Sam -Cal, that Gateway submitted a subcontract to Sam -Cal that was based on the "general terms, conditions, plans and specifica- tions for the project, and that Sam -Cal has refused to sign the subcontract. (3 ?) • Sam -Cal has refused to sign the subcontract. (See attached correspon- dence) Sam -Cal has advised staff that it refused to sign the subcontract because it calls for payment at the rate of $3.00 per gallon, whereas the oral bid it submitted to Gateway was $4.25 per gallon. As evidence of its position Sam -Cal points to a letter submitted by an unsuccessful bidder that confirms Sam -Calls $4.00 bid to that contractor, a firm Sam -Cal had worked with before. Sam -Cal may offer additional evidence at the hearing in an effort to establish the amount of its oral bid to Gateway. Gateway claims the subcontract submitted to Sam -Cal accurately reflects Sam - Cal's bid of $3.00 per gallon. To support their position Gateway has submitted two declarations from principals in the firm. Gateway also points out that other bidders listed Pressure Grout as a sub because they bid $3.50 per gallon, their bid was known to Gateway, and Gateway would have listed Pressure Grout in their bid but for the lower bid from Sam -Cal. The dispute over the amount of the oral bid is not crucial in terms of the Council's power to approve the request for substitution. In the absence of a written bid, the law only obligates Gateway to tender a contract based upon the terms and specifications of the project. Gateway has complied with this requirement. The restrictions on substitution of subcontractors are intended to prevent bid shopping - a practice whereby the successful prime contractor tries to undercut the listed subcontractors after award. However, in this case there is no hard evidence of bid shopping, and the declarations submitted by Gateway tend to confirm their understanding of Sam -Calls bid. The act requires the City to give written notice to the listed sub- contractor of the prime's request to substitute and the reasons for the request. The notice must be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor has five (5) working days to submit written objections to the substitution. If the sub files written objections, a hearing must be held, while failure to file the objections consti- tutes the subcontractor's consent to the substitution. Staff has informed Sam -Cal of Gateway's desire to substitute. (See attached letter to Sam -Cal.) In response, Sam -Cal has objected to the substitu- tion. (See attached letter form Sam -Cal.) Sam -Cal and Gateway have indicated that they intend to present their opinions before the City Council. Based on evidence now available, Staff recommends the City Council approve Gateway's request to substitute Pressure Grout Company as their sub- contractor for bid item No. 16 (chemical grouting). Benjamin B. Nolan Public Works Director BBN:Id DENIS A. O'MAIiONEY XFTOKNEY Al' 1.Aw LAW OFFICES AT. . *7592 IRVINE BOULEVARD USTIN. CALIFCRNIA 92680 January 29, 1988 Lloyd R. Dalton, Project Engineer City of Newport Beach Public Works Department P. 0. Box 1768 Newport Beach, California 92658 -8915 Re: Balboa Island Bulkhead Repair Near Water Ways Contract No. 2525 Dear Mr. Dalton: TELEPHONE (714) 838.7955 121 3I 623 0010 I represent Gateway Landscape Construction, Inc., the successful prime contractor bidrier on the subject • project. Under the provisions of California Public Contract Code Section 4107(a)(1), my client requests that Pressure Grouting Co. be substituted for Sam -Cal. Sam -Cal has failed and refused to sign the written contract based upon the general terms, conditions, plans, and specifications for the captioned project after the con- tract was presented to him. I enclose a copy of my client's letter to Sam -Cal dated January 5, 1988, transmitting the subcontract, and the response from Sam -Cal dated January 11, 1988. No further communications from Sam -Cal have been received by my client as of this writing. Please notify Sam -Cal of this request for substitu- tion and the reason for the request. If you require anything further of me, please call • me at (714) 838 -7955. Sincerely, Denis ! y Attorney at Law O'M:aa Enclosures cc: Gateway Construction, Inc. Q 3 c1 v ,1 GATEWAY LANDSCAPE CONSTRU CTIONA N C. �e'xcg ff* !ixotft ^�Ra 5n5n rarford St, "'21, Long Beach, C.P. 9n °15 213 -597 -9581 .Tanuary 5, 1939 :'r. '. ?arren ^.ueg£ Sam -Cal Corporation 515 east ?'alnut .Avenue Fullerton, CA. 92632 Sul: jcct:BaIhoa _s land Bu!khead Repair , City of Yewnort Beach. i • Dear Varren, Enclosed please find your subcontract for the subject project. As discussed at our meeting this date, you have decided not to do the chemical grout for the unit price of S3.nn Per gallon, your nuoted price prior to bid tine, as understood it. This p replaces the previously sent Agreement that was sent in error. 4 In case you have reconsidered, -e are sending this to you with your option. to return the signed Agreement to us within five days of receipt from us. Unless we hear from you in this time, tee c +ill male other arrangements to cor±nlete the work. Please call if there are anv questions. 4 • Very truly yours, GATEVAY CONSTRUCTION INC. Gerald T. Sullivan Project Manager f. I• I; It: :I , ' J t� All SAM CAL CORPORATION General Engineering Contractors 515 E. Walnut Ave. FULLERTON,CA 92632 Gateway Construction 5050 Garford Street Long Beach, Ca 90815 Subject: Balboa Island Bulkhead Repair January 11, 1988 Your letter of 01/05/88 was received this date. We will review the circumstances of our bid to your firm and the other bidders on the subject project. We expect to respond in 10 days, which would be January 21 - 225 1988. In any :ase we would need those documents which together form your offer to subcontract. This would included copies of the complete plans and specifications, addenda and bulletins referred to in your form, along with "attached unit prices" Section N2, para 3, and spec -i'al provisions referred to in the same section. (714) 871.2600 • • 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 27 28 l9 1, DECLARATION OF GERALD T. SULLIVAN I, Gerald T. Sullivan, declare as follows: 1. I am a vice president of Gateway Landscape Con- struction, Inc., a general contracting firm duly licensed in the State of California. 2. I state the following facts from my own personal knowledge, and if called upon to testify, I could and would testify competently thereto. 3. In my capacity as vice president, I am responsi- ble for the preparation and submission of bids for work in behalf of Gateway Landscape Construction, Inc. 4. I prepared the sealed bid which Gateway Landscape Construction, Inc., submitted to the Public Works Depart- ment, City of Newport Beach, California for the Balboa Is- land Bulkhead Repair Near Water Ways, Contract No. 2525, which was opened on October 14, 1987. 5. In the preparation of the bid, I listed Pressure Grout Company Wilmington, California, as the subcontractor for the chemical grouting portion of the project. 6. Pressure Grout Company had quoted a unit price of $3.15 per gallon, plus $6,000.00 mobilization costs, for an effective price of $3.50 per gallon. 7. At 10 :41 a.m., October 14, 1987, I called Sam -Cal Corp., Fullerton, California, in response to a message from my answering service that Mr. Ruegg had telephoned for me. - 1 - FZ 1 3 4 5 6 7 8 9 10 11 12 13 14 151 161 17 18 19 20 21 22 23 24 25 26 27 28 r9 8. When I telephoned Sam -Cal Corp. and asked for Mr. Ruegg, a person who identified himself as Mr. Ruegg stated that he was aware of the Pressure Grout Company bid. 9. He further stated that his firm was very anxious to do the chemical grouting work, and he quoted a price of $3.00 per gallon for the chemical grout. 10. I have subsequently met Mr. Warren Ruegg in person, and I recognized his voice as that of the person with whom I spoke on the morning of October 14, 1987. 11. Based on the quote which I received.from Mr. Ruegg of Sam -Cal Corp., I changed my bid from the effec- tive price of $3.50 per gallon quoted by Pressure Grout Company to the $3.00 per gallon quoted by Sam -Cal Corp. in our telephone conversation of October 14, 1987. 12. Gateway Landscape Construction, Inc. was awarded the contract on based on its sealed bid, and Sam -Cal Corp. was listed as the subcontractor for chemical grouting. 13. On January 5, 1988, in a conference attended by Warren Ruegg of Sam -Cal Corp., Fred Nove of Noveco, Inc., Michael Sullivan and myself of Gateway Landscape Construc- tion, Inc., Mr. Ruegg repudiated the bid that he had given to me by telephone on October 14, 1987, and stated that his price was $4.25 per gallon, not the.$3.00 per gallon quoted to me by telephone on October 14, 1987, prior to bid time. - 2 - • C J • 11 �` s_ i $ 1 3 4 5 6 7 8 9 10'i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V o 14. At that meeting, Mr. Ruegg was in possession of documents which appeared to me to be the general terms, con- ditions, plans, and specifications for the project. 15. On January 5, 1988, I mailed a written subcon- tract based upon the general terms, conditions, plans, and specifications for the project at the quoted price of $3.00 per gallon to Warren Ruegg, Sam -Cal Corp., a copy of which is attached as Exhibit "A ". 16. Mr. Ruegg has corresponded with Gateway Land- scape Construction, Inc., on two subsequent occasions, Janu- ary 11 and 14, 1988, copies of which are attached as Exhi- bits "B" and "C", respectively. 17. As of this date, Sam -Cal Corp. has not executed the subcontract as offered based upon the quote received by Gateway Landscape Construction, Inc., on October 14, 1987, upon which Gateway Landscape Construction, Inc., bid and was awarded the job. 18. Based upon the foregoing, Gateway Landscape Con- struction, Inc., requests that the City of Newport Beach, California, approve the replacement of Sam -Cal Corp. as the listed subcontractor for chemical grouting portion of the Balboa Island Bulkhead Repair Near Water Ways, Contract No. 2525, under the provisions of California Public Contract Code Section 4107(a)(1). - 3 - r� r� 1 I declare under penalty of perjury of the laws of the 2 State of California that the foregoing is true and correct. 3 Date: February 12, 1988 4 1 GeralCr T. Sullivan, Vice President 6 Gateway Landscape Construction, Inc. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4 - 28 ke V /v 1 3 4 5 6 7 s 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 DECLARATION OF FREDERICK J. NOVE I, Frederick J. Nove, declare as follows: 1. 1 am the vice president of Noveco, Inc., a California corporation, duly licensed as a general engineering contractor in the State of California. 2. I state the following facts from my own per- sonal knowledge, and if called upon to testify, I could and would testify competently thereto. 3. Noveco, Inc. was the principal subcontractor listed by Gateway Landscape Construction, Inc., in its bid to the Public Works Department, City of Newport Beach, California, for the Balboa Island Bulkhead Repair Near Water Ways Contract No. 2525. 4. On the evening of October 13, 1987, at the re- quest of Gerald T. Sullivan, Gateway Landscape Construction, Inc., I telephoned Warren Ruegg of Sam -Cal Corp. to obtain a bid for the chemical grouting portion of the project. Mr. Ruegg quoted a price of $4.75 per gallon for the chemical grouting, which I indicated was not acceptable based upon the bid which we already had from another subcontractor. 5. On the morning of October 14, 1987, I again spoke with Mr. Ruegg by telephone; he asked me what the other price was, and I refused to tell him. Mr Ruegg then stated that he knew that the other bid was $3.15 per gallon plus $6,000.00 for mobilization costs. - 1 - E 1 6. I have subsequently met Mr. Warren Ruegg in • 2 person, and I recognized his voice as that of the person 3 with whom I spoke on October 13 and 14, 1987. 4 7. I told Gerald T. Sullivan of Gateway Landscape 5 Construction, Inc., that Sam -Cal Corp. had matched the bid 6 submitted by Process Grout Company. 7 8. Mr. Sullivan telephoned Mr. Ruegg from a pay 8 telephone outside the City of Newport Beach administrative i 0 buildings. 10 9. After the telephone conversation with Mr. Ruegg, 11 Mr. Sullivan stated to me that Sam -Cal Corp. had bid $3.00 12 per gallon for the chemical grouting subcontract. • 13 10. I watched Mr. Sullivan eradicate the name of 14 Pressure Grout Company and insert the name of Sam -Cal Corp. 15 on the "Designation of Subcontractor(s)" sheet which he 16 submitted to the Public Works Department just prior to the !` 17 time for submission of the sealed bids. 18 11. On January 5, 1988, 1 attended a meeting at a 19 restauran in Newport Beach, California, at which Warren 20 Ruegg, Gerald T. Sullivan, and Michael Sullivan were also 21 present. The meeting was held to discuss submittals to 22 the City of Newport Beach before a meeting with city offi- • 23 cials later that morning. 24 12. At the early meeting, Mr. Ruegg stated to all ~ 25 resent that Sam -Cal Corp.'s p.'s bid for the chemical grouting 26 was $4.25 per gallon, not $3.00 per gallon as had been used i 27 - 2 - II 28 • 1Z 2 3 4I 5 6 7 8 ]0 11 12 ]3 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 A by Gateway Landscape Construction, Inc. in preparation of its bid on October 14, 1987. 13. When the meeting ended, Mr. Ruegg departed saying, "I wash my hands of the matter. Mr. Ruegg din not attend the meeting with city officials later that morning. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Dates February , 1988 n / - 3 - Vice President Noveco, Inc. f SAM CAL CORPORATION General Cngineering Confracfors ;�senraofiN. 515 East Walnut Avenue • Fullerton, California 92632 Telephone (714) 871 -2600 Chemical Grouting ressure Grouting Leakage Control I Epoxy Injection Lloyd Dalton, Project Manager City of Newport Beach \ PO Box 1768 Newport Ca, 92658 -8915 Balboa Island Bulkhead Repairs Dear Lloyd, 0 8 SAM CAL CORPORATION Warren J. Ruegg #41 q CAL STATE Lk:., No. 423727 I called today to say hello and to explain that Gateway had made a mistake, and we were having a problem. You said you were aware of the problem, but had been told that we would not go foreword because the walk had been removed against our wishes. WRONG. We had discussed with you and Cash and Associates, as well as Gateway, that we would prefer to go in with the walk in place, and would at our expense do any required patching due to our work. We feel this would ,-ovide a little better job for you, and would ease the • schedule somewhat, but we will go in after NO PROBLEM. Anyone who says we have refused to go foreword over this point doesn't have their facts straight. The problem is that Gateway now claims we bid $3.00 /gal, where our notes show $4.25. We have verified with Manson - Pacific our quote to them. We favored Manson by about $2,000 because of their experience in this type work, and we've known them for many years. We are certainly NOT going to give anyone, let along a company we don't know a price that's 25'/. less. We were told th t there was a price out early in the day at less than $60,000. To get the job we sure as the world would not "cut" $9,000 more than needed to make ourselves low even if we were playing that game in the first place. Gateway has said in their letter of January 59 received January 11 !, that unless we signed their agreement by January 10! (a little hard to do, if one thinks about it) they would make other arrangements. I presume they are in that procedure now - although you told me they would need your approval before they can change subcontractors. Should anyone care to know, we have taken this job off our schedule for the moment - "..we will make other arrangements." • A copy of my confirming letter to Dick Lutz is attached. Feel free to call him, if you like - a nice guy, with a bunch of experience. (213/432 -6918) SAM CAL CORPORATION Warren J. Ruegg #41 q CAL STATE Lk:., No. 423727 SAM C.L CORPORATION t,rnurdi 1 nyrrna.ruxr t.onir. u:u m. «" 515 East Walnut Avenue • Fullerton, California 92632 Telephone (714) 871 -2600 Chemical Grouting Pressure Grouting •leakage Control Epoxy Injection Dick Lutz Manson - Pacific Pier C Berth 22 Long Beach, Ca 90802 Subject: Balboa Island Bulkhead January 14, 1988 Dear Dick, . Thanks fur checking your bid file on the subject project concerning chemical grout prices. I ask for this information because the General for the job is claiming I bid $3.00 to him. My notes indicate the same as yours: Alternate 1 1.50 /gal + $42,500.00 2 2.00/gal + 34,000.00 � Total $68,000.00 Further, you indicated there was another bid at $8.00 (136,000.00) by Lenihan. They have done a lot of Chemical • grouting, but this was much above what I think the job is worth, You also said that you did not use the price that was also out for $3.15 + 6,000 (59,550.00) for a number of reasons, but one was they had not show you , at bid time at least, that they had the experience it) this area. Dick, thanks for the help. I hope we can work out the difference with Gateway, but it looks like they made a mistake in taking their telephone prices. • SAM CAL r-OFIPORATION , /Vr #gident. CAL STATE Lic, Nn. 423727 February 3, 1988 CITY OF NEWPORT BEACH PUBLIC %WKk N' 1*TARTRIFNF P.O. BOX 1765, NMI'OR I REACI1, CA 92658 -9915 (714) 634 -3311 Sam Cal Corporation 515 East Walnut Avenue Fullerton, California 92632 Attention: Warren J. Ruegg Subject: Balboa Island Bulkhead Repair near Waters Way (C -2525) Gentlemen: The contractor for this project, Gateway Landscape Construction, Inc., listed your firm in its bid documents as subcontractor for chemical grouting. Accord- ing to Gateway's attorney, Denis A. O'Mahoney, you have failed to execute a sub- contract with Gateway (see attached letter). • In accordance with the provisions of the Subletting and Subcontracting Fair Practices Act, you are hereby notified that Gateway is requesting to substitute Pressure Grouting Company in lieu of your firm as subcontractor for chemical grouting. Gateway's reason for its request is that your firm has failed and refused to execute a written contract with Gateway. The Act provides that you be permitted five (5) working days to submit written objections to the substitution. If you do so, a hearing will be held before the City Council on Monday, February 22, 1988; otherwise, your failure to submit objections will constitute your consent to the substitution. Please contact me if I can be of service in this matter. Very truly yours, Lloyd R. Dalton Project Engineer LRD:jd �MIT 3300 Newport Boulevard, Newport Beach Fa] s v SAM CAL CORPORATION General Fngineering Cwwra'mors r" 515 East Walnut Avenue •Fullerton, California 92632 Telephone (714) 871 -2600 Chemical Grouting ressure Grouting Leakage Control Epoxy Injection • r� City of Newport Beach Public Works Department PO Box 1768, Newport Beach California, 90658 -8915 Attention: Lloyd Dalton, Project Engineer 0 February 10, 1988 Subject: Balboa Island Bulkhead Repair (C -2525) Gentlemen: We object to a substitution of another company for our work on the subject project. We are prepared to go forward with our offer for the work in question provided Gateway submits in a timely manner, .a contract to us that represents our pre -bid quotation to them. It is our belief that after listing us as their subcontractor Gateway found a company, after bid time, that may do the work for a lesser price. They are now attempting to use this to have us lower our offer - bid shopping! It is this practice that the Subletting and Subcontracting Fair Practices Act is suppose to stop. SAM CAL Wa en +` CAL STATE Lic., No. 423727 #6 DENIS A. O'MAHONEY FEB 111988 ATTORNEY AT LAW , LAW OFFICES AT: TELEPHONE (714) 838 -7855 (2131 623-0010 17592 IRVINE BOULEVARD .. TUSTIN. CALIFORNIA 92680 February 5, 1988 Robert H. Burnham, Esq. hfff /jrr City Attorney 2 CTry�T; "- -. ,'. City of Newport Beach FF%�o ``'�(►iI L 3300 Newport Boulevard Newport Beach, California 92663 POTT OP C^4Up`ttlt, Re: Balboa island Bulkhead Repair Near Water Ways 'A Contract No. 2525 Dear Mr. Burnham: With this letter I am enclosing a copy of the subcontract which my client, Gateway Construction, Inc. presented to Sam -Cal for signature. Mr. Sullivan of Gateway Construction, Inc., in- forms me that Sam -Cal Corporation had copies of the gen- eral terms, conditions, plans, and specifications for the project. Representatives of Gateway Construction, Inc. are preparing statements which we should have to you the week of February 8th. Thank you for your courtesy and cooperation. Sincerely, , Denis A. O'Mahon Attorney at Law O'M:rw Enclosure cc: Gateway Construction, Inc. .) I. ..% II113 A13IIEEMENT. mnde Uds__ GATEWAY CONSTRUCTION INC. 505n nar£ord St., 9221, Long SAM CAL CORPORATION - and day of Decrinber. , 19'7,401by and bolweope Beach, CA 7n1115 as Contractor whose Address nrtdlrlephononumborero 515 Hnst linInut Avenue, Fuller tren, CA 72632 _ 714 - 571 -2600 ns Subconlrnclor, WI INESSETI I WI IEIIEAS, Contractor ling or Is About to office I1110 n prime controcVeubeonlincl Willi C i 1.7 of if rlu p te r t ftc n c h 3300 Nevrport Blvd., Nrarpnrt HrACh, CA 926511 its owner /gonoral conireclor for Ilia construcliwi of 11nlbon Island Milklfcad Repair flcor Ilatern Ilny, City Contrnct lie. 7.521. In ticcorllnnco will, Ilia following doscribnd contract documents: plans, epocllicollons (addondo, bulletins, olc.) prepared by: 1 Cash h Asnocintns, fang Rnnch, CA 5013 - 476- 6145. Nnne Address_ plioneNumber. 211 -' 47G -6.145 and dalod:� -91 -1111' ANU WI IEIIEAS, Contractor desires to subconlrncl a portion of Its obligations under sold contract documerils to Subcontractor; NOW 711Er1E17011E, Ibe parties do hereby mutually agree as follows: 1. SCOPE OF wonx - Sishrrndrnclor slmll hunlsh tine] prey lot nit labor, amterirels. Inxes, lools, snppliev. equlprnnnl, layout, rnglntinrinq. shop rlrnwln9s, - pnnuils,lnspxllnn Ions need Incldnnlals rerlulf"d to Petlnrm Ilia lollowhng work hr rollick neermdnncel wills Ihn conlrnU dorumnnl• nerff In this snuaineuon or Conlrnclor rend rehtill comply wills nil safely regulations, maintain cleanup on a weekly basis nerd cooWipenle his work will, Ilia Conhnclor and /ur other subcontractors. Uescflpllon of Work Job Name Above Chemical grout JobAJdiess South Bay Front be..tuern Rinnrntel Avenue And 41atrra llny. Ykilh respecl to the work described above. Subcafirnclor widerlakes to polluters oath and every olilignllon of Conlrnclor, pen "officer where in said cotfirncl docomnnls said obligallonn "toy be found. All of said conhncl documents are by Ihi% relotence incurporaled biro cord mnde n par I of lbig Agreonernl. In Ilia event said contract docwnonls provldn Ilia owner wills kiln right to ustl- lalemlly lernihenle its conlracl will, Contractor, Conlrnclor shall have Ilia right to lennlpenles this Subeunlinct Agmmne it an Ilia same conditions As we nvallnbfe to the owner. Upon receipt or plans and specllicallons. Subconlrnclor will cmelully examine the gains arid will report to Conlraclor promptly any errors and/or omissions It may discover In said documents. 2. PAYMENT Mains%Ilea cunlexl of lion srrnlneece Indicnles olhnrwlgn, lion Irvin "paymmfi" or "progress pnymenl" ns used In Ihlscunlrncl means paymrtds to Ilia Sltlmotlhnclor III Irllsl, solely left Ilia bmerltl of persons and enlilleg rwnlshing labor, cqulpmrent onanloilnl of fifty description whatever to Subconlraclor by contract or otherwise, for Its use ht prosecuting the work described hmnln. Subcan- Ir nclor ngrers to Act as Iruslce for Ilia We benefit of said persons or entitles hnd recognizes [lint Subcontractor will hnvo no legal or equilAble IlllrteM la Ally payment made to Subronlinctor under Ilia subconhacl unless and unlllall labor, oqulpmenl And mnlefinl hirnished to Subctmltnclor for Ilia prosecution of Ilea work described In tide subcontract has been paid Ior arid all subcontract work is 100% coinple.le. rnilwo of Ilia Suticorfimclor to disrliargn said [rust oblign lion to pay lot labor. equipment or mMorial fi rnlshed for Ihn retosecullon of III" wnrk describer) In Ibis subconlrncl shrill be a branch of this subcontract need In such event, Contractor shall have the right la dlschnrpo Subcontractor's said trust oblignllon oul of rclenlion or progress pnyoronls. rot Ibe hill And complete pre f onntnece of nil of its obligations hereunder. Subconlr actor ngrres to accept and Contractor Agrees to tiny the lolluwing sane, which suite includes all taxes. lees or other expenses which may be Applicable. Lump Sum: $ See special provini.nns Attached unit prices to prevail ror _— P1L.. . y • v S r c ro p r c i a 1 n r u v i n 1 e n s. dollars, Said gam shall be pilot In progress payments based upon Ilia parcelling" of Iho gubcoMrnct work complolod wllhin tape days Pilot Conlrnclor receives Its ptogresg pnymenls train the owner lot llte work covneed by this AgroPmrnl. Subcontractor shall, lowest requesl of Conlrnclor, fundsh Invoices, payroll reports, need such olhor documenlnllon ns Contractor may need In order to mnke pef Iodic pffymenl regnesls to Ilia owner. Conlrnclor early retain from each such pariodic pnyeaarfi to SubcoiWnclur ear ntnnnpel equal to 10% thereof, or create It Ilia greater relenlfon Is nulhmized to be withheld born Conlrnclor by Ilia leans of Ilia ngtcnnened between Ilie owner acid Ilia Contractor In which caso Corelreclor shall willehold from Subconlrnclor )lie perconlage ss Is ellowod IQ be willdeeld by Ilia owner. ' Ilons.tegalofa ultsblo,until100140 rclrtnlio„ shall rAmnin In it, nlrnclor who shnil hold Sallie in trust s curtly to Insure Ibngly and complrlrt T1Ue %0 all , ,, ubconlraelorshellhovonolnfer ¢slinsald ,,erl0,naneQ aI Ill of the regm {ei1 v � Iiani slieff! Iron,;Il+o owner and all labor, molorial and equlpmenUurn13hed 10 Sbbconlreclor for rho pro - thrt suhro „lipq Welk t the r ,l!Qreun� has been sallsl"clorlly performed by Subca rclor, �S daTs hkvo passsd Irom l tQ n o Cmd,nclorrecelvci l secuuon of rho subcun „"el wank ha'.O beef' paid tor. A11 Progress enY'1e01s on ncrount 01 work P(WOrmed under Iha subconlracl, but welch have not yon been mode, shall be hold ” old tor- not ofmadeunetioanduntiltheaubconlfactwork19100 `"'cOmPlnlo ubc0uirricor and ns Imthor socuri{y ter rho furnished completion o11ha subconlracl work. Subconeaclor shall IrusllundsofOtel, enQplQ{ O, Opoisonso, f, nJtieiiwhohavelurnlsltodlabm, QquSpmenlormaler�alloSyb ¢onlraclPrbulwtot v not been paid by S have no Irtp .1l or equltnhla!almost In said progress P^Ymsnls Y aril it labor, equlpnmhf and mTile)tat IurnlShoJ fo Subcontractor for the prosoCUllon of Ihesubeonlraclwotk has boon p 3. LABOR AND MAI EIUAL nEL"SES a ,nont hereunder, that SubcOnlraclOr lurnasll tit antes signori by all gal lhty lave been paid a'1men1s110 be mode tor Suhr any Such Ch"Imcior may requite, as n condition precedent tint o to any P Y withhold from ills p y, Inbo,els lid sitS Conhablarfllat At it IIas not been p SutIcar” aid In lull`Contractor r Claims may lillitot% supplier • coittroclor hereunder sutliclenl monies to satisfy such claim or cleans wllttoul regard to the velldilY or ^ ^i41cOln °sCsO'heneor; • 4. NOTICE TO P IOC£EU �p hou,9 for i"s"let Of nollco In P ,ub• with nit Vnstructbns at Conlraclor ragarding p"re and scheduling of Iho work. Fa41wo by Suhcor+h QCint shall con0"011CO work hmeumlm s atr Imraclo hl I 1 "foal and 411.111 Il+efeatar comply ouch instructions sirs" constlluto a material brencb of that d dn"lages and Subcontractor aha11 be .cni+l, actor 10 c0nq,ly with any In complolion of the project. Time Is Of live to act as Iruslee long ^ benefit 01 Subcoltlr"clot s niibto for all dam ^gas ocurraJ by Contractor on account lhoreol, including ouch liquidated damages as rnny be assessed s Contractor fly 11+0 owner for delay 1 tbQrms and egldP ^t" ^I suppliers, Subcoatrnelof herehy "grass Ilia' log"' slid equllnble title Io all nmlrtran19In' I"" In considQralon 01 Conti "clor's Pr( made olsowhero In this "lass to Iho owner 01 file Project al then +omen! said motor lit ma m .1leriahnen, . the subcontract work. ' ptasoculion of tbo work under 11w subc0ntrnct shall Immod ale Y P ooseced to Ilse job site for Subcotiltaclor's use In proseculing steal super- S. SUPERVISION The work pmiotmed by Subc `alCo'O^C1oppOdor "hall at all limes be under the continuous auperrision of a co intendenl who Is sallslncloty Ilia Per. 6. SURPLUS MATERIAL Suhc00tracor sl>. ^I rQQ ^te,rl 1ia1 rQquostQ<I by contractor. ramous Irom 11w site all surplus mel°rlals or debris created Y Ivrntnnee. of this y 7. RESTOnATI0N OF DAMAGE portion at 11swork welch is damaged or JesU0Yer1 Iv+re o1 111¢ ¢nlhc pr^IQCI• Subcontractor shah restore any po P,Ior to Ituat eccep • nrd to fault. ' boat ally cause and with0ul fey to 1110 work a. LABOn AGnEEMENTS Subconhnato, sl+il comply with any and all labor agreements to which Conlroclor Is a pally which may o to be done hereunder. 9. CONTnACTORS' MATEnIALS nfracor makes no warranty, !shed sod or implied, as to Ili quality. suitability, or ihnoss of any such materiels .41 Suhcontracor utilizes malrrinis or walk lurnishad by Cmtlraclor, ownaG Or mrolh¢r subconhaclor, it shall ho wflh the wu .r- slanding that Co Or work. 10. EXTRA WORK Agreement, it sl+n" give It Subconirncl0r contends teal corneal .1ncQ with any instruction or direction Iron Contractor or the owner, or (hair aullwrlrrtr prior to the commencement 01 any work ,epresenlnhves, will entitle i1 to additional contpensaltQn over ^'td will, O any sUChuwork on1i11 instructed l o do so In waling by a Ilia written notice 10 Contractor con oridirection.and it SI all not proceed compensation P in such ,Qquired by . w less a reasonable "IlOwmtc¢ to Contractor, H so htslrbcled. Subcontractor slail Plar receives ive Ills wo ^ Ysalees11olclorwlarding saidpclaiml10 and rprosecu Ing h nnwunt of additional comp¢nsation that Contractor receives Irom the owner for said work, rovldetor,orwflhoulrrceiving light 10 additional COOtraclor lot overhead sari profit and less Iho cost, inciud ng against the owner. It Subcordraclor commences any such work without giving the notice herein p ag nsllfonotice tor or on account rof said work �or' such act wall consillule a waiver by Subc°"Ir°clor of any g compensation 11. AS OF SUOCONTMC7 tQC,g to supply a sullicienl number of property skilfoce°ds wifhoul e meal a subera or laborers, or 1sVlsht"ny respecl • In Iha event that Subco ^Iraclor of any time raluses or nog I sulOcVenl qumtUly of m .1lorials of Proper nn afllt - to ills malerinbnan, eq ll °I the subconlracl wor or Conlraclor s consent, or lail l o ntut o ire work p y o Ili held In trust r. Cor+Unctor may, at his option. allow giving f' It o -at thereof lromrial all one then the Subcontractor, 10 PrvP¢f1Y find diligently P. seoulo Iho work covered by this Agree�uCnl, or otherwise fells to perform fully m+Y " ^J "110 t to ngrea111Qnl9 ItQtQ111 CQnf ail be necessary and de h{ to proceed with the work and, In 1hn1 evrnl, provide any such• labor and mierlels as may security: or Contrncor may, at Iris OP1100. terminale tare Subconlrocfor s r1g men! under this n of all materiels Ihoreon, "lid m"y emlrloy any Conlraclor hRllla ver''Ile Ilot content eng 11 a work Inc is I u f Ilia pis Agreemanl. of oil lrsclor'9 lob site warehouse ", ptgsesslo . • . o{Iter person or pers0r,9 to tinlslu alt°' work and provide Ilse tneterlels tlterolOr. In case of ouch disconllnuance of 11 +" S'r - alit Sub' cotttr pews a fight a0 proceed welt the work, said Subcontractor shall not ba enlilled Io receive any furl ter Pa y t the Subcontractor, but, It the expense xceed such unpa, be old under tills a Agreement exceeds IIO+e expenses Incurred by the Cch expense 1l Rll exceed g Aglnemenl unliP the. work undertaken by the Contractor In his prime contract Is completely finished. AI drat 11mQ, Il Ills unP" bnlnnca of Iha a +nodal to P the Conhactor whichtuchexpens file work, nn tonhnctor's work, such excess shalt be paid by either for furnishing m "loflela a 10, finishing unpaid belonce. then the Subcontractor shall pror as iy rei Ifac l;id default, sl a/ be ehergreeIl to reimburse and paid y, Subc ontror, la, Ile to biancQ, Tho expense, Incurrad by the Caniracl0r es herein pro doe, filly dnmages Incurred by Conlraclof, by.raitson of SUbcop r0 r0s! of work. Subcont afctors`tor losses or damages resulting from the delay in speedy Pnl9 cloy 1 load 12. INSunANCE era domage Insurance. "' 10 C.011tlac40f; ';It SuhconhnclOr shall lroxtl"ence c0verlrig alhol its temPlOY°Q3i clonnercc^�AS us alndllnbamounl sell la levy c0tnpeng"lion ar employe! s liability "ulomothe public linbility and hfOpdrly dar f Insurance, . aulomclor shag fur,tise to Conirector ceftllicales from the Insurance carrier allowing ►hat such tnsufanpe Is in lull force a,tJ el • ' and will not be cancelled without lh*o) days written notice to Contractor. 11 Sanlraclor shall at any Ilme fell to provide any of the above required Insurance, ntrector may, at 113 option, provide the sat and deduct. the amounts of the premium payable therefor from any monies due under this Agreement _ 13. BONDING Subcontractor shall, upon request by Conlraclor. furnish to Contractor within fifteen (15) days a surely bond or bonds In the lull amount of this Agreement guaienleelrig the full performance of all of the terms and condillonsof this Agreement And the payment of all laborers and material suppllere of Subconlisclor. Said bond or bonds shall be In a form and shall bd Issued by a corporate surety satisfactory to Contractor. 14. HOLD HARMLESS Subcontractor Indemnifies and holds Contractor harmless from any and all claims or demands, whether valid or not, on account of Injuries to persons of damage to properly.atlsing out of the performance by Subcontractor of this Agreement. And Subcontractor agrees to reimburse Contractor upon.demand for any expenses, Including attorneys' lees, Incurred by Contractor In defending against or dealing With. any such cldims,or demands. 15. LIENS Subcontractor shall at all times Indemnify and save Contractor and Owner harmless against all Ilabilily for claims and liens for labor performed or materials Used bi furnistied to be used on the lob. Including any costs and expenses for attorneys' lees, premlums for Bonds required by Title Company or,Owner, and all Incidental or consequential damages, resulting to Contractor or. Owner from such clakfis. Further, In cdsq suit on such claim Is brought, Subcontractor shall defenq said suit at his own cost and expense, and.wlll,pay and setlsly any such lion-or judgement as may be established by the decision of the court In said Suit. Subcontractor agrees within lets (tq) days altei'writlen demand, to cause the effect of any suit or•lten to 69 removed from the promises, and In the, event dubcontraclor shall lidso to do. Contractor is authorized to use whatever means in Its discretion It may deem appropriate, to dause.sald lien of eutt'to be removed or dismissed and the cost thereof, together with reasonable attorneys' .fees.* shall be Immedlalely due. end payable. to'Conlraclor by Subcontractor. Subcontractor may)ltldste any lien or still above described provided he causes the effect theireol Id be removed, promptly In advance, from the premisaghtiove mentioned, and shall 'further do such, things as ffisy be•necessary 1o. cause Owner not to withhold any monies due-to Contractor from Owner by reason of such lied a'or suits..". 111. GUARANTEE Subcontractor shall guarantee the woik peifoOned hereunder against all defects In materials or lvorkmanship for a period of one year from the dalq of the acceptance of the project by the owner, unless a longer period of guarantes' Ilr required In the contract documents. In which case Subcontractor tihall guarantee Its work for the period set lorth In the c6ii1ract documents. IT., PAYMENT OF UNION BENEFITS The Subcontractor agrees that In the event li or any of Its sub - subcontractors are or shall, during the course, of the performance by the Subcontractor under Ihli Agreement, bb delinquent In the payment or payments to the apprbpriale health, welfare, pension, vacallon or apprenticeshlp fund or funds, end Irrespective of whether or not the employee on whose behalf such contributions shall be delinquent shall be employed.on the jobslle contemplated under this Agreement or elsewhere, the Contractor shall have the right to deduct lhi full timbunt of such dellnquencles from payments to be made to the Subcdnlractor hereunder and shall have the further right, without recoursd by the Subcontractor, to pay such smounts ea deducted to the appropriate fund or funds without Inquiry as to the correctness of the amouril * the validity of such claimed delinquencies. .18 EQUAL OPPORTUNITY EMPLOYMENT The Subcontractor under this Agreement and all his sub- subcontractors agree to meet all requirements of Equal Opportunity Employment as spelled out in the Contractor's agreement with the owner, referred to In either the general conditions or special conditions of the specifications, or specifically Itemized In the contract between owner and Conlraclor, and will supply an Affirmative Action Program and meet all reporting requirements as required of the Contractor under the terms of this Agreement. Failure to report the,rdqulied Information in an approved manner may delay payment to the Subcontractor of his monthly progress billings. 19. SAFETY AND HEALTH The Subcontractor under this Agreement and all his sub - subcontractors agree to comply with all requirements of the William- Steiger Occupelionaj Skfety' and Health Act of 1970 (Public Law 91 -596), and all other applicable safely laws, orders and regulations. 20. This Agreement constilutes the entire understanding of the parties and supersedes any prior proposals, understandings, correspondence 'or agreements. 21. This Agraemenl shall be deemed entered Into, and shall be binding upon the parties hereto, their successors, assigns, transferees, execulois, and personal. representatives, when a copy hereof, in the exact form tendered to Subcontractor and signed by Subcontractor, Is received by Contractor at Its office. 22. In addition to Ina Contractor's other rights and remedies herein and under law, It may become necessary for the efficient administration of this job for Contractor to Issue joint checks, make arrangements with Subcontractor to most payrolls or do other things necessary and proper to insure'prompl completion of the work described herein. Such actions by Contractor are within the scope of this agreement and done forlhe limited purposes described hereinabove and not done for the purposes of conferring any rights upon any other party riot signatory hereto, nor for the purpose of assuming any obligations of Subcontractor arising from t performance of the work by Subcontractor required by this agreement or otherwise arising. Additional Special Provisions 23. Subcontractor shall repair at his own expense all damages caused by his operations. 24. Contractor has the option to issue joint checks to subcontractor and his subcontractors or suppliers as monthly progress payments. 25. Subcontractor shall perform and maintain cleanup operations at his own expense as directed by contractor. 26. On unit price subcontracts, for purposes of measurement for payment, the quantities measured and payed for by the Owner will be the .quantities allowed and payed for under the terms of this subcontract. I -t •AUdtlton•I 9p•eld P,orldonr, (Car OIL `�.... Provide all labor, equipment and materials:to install Electrical work complete, in strict accordance with project plans and specifica- tions. Safety Regulations herewith attached and made a part of Construction Subcontract. Federal Wage decision physically inserted and made a part of this Construction Subcontract. Item A 1G. - Chemical rrout - 17,nnn Cal'lona at $3.00 /.r1l ].10n 551,OOn.nn 1 CONTRACTOn: ' GATEWAY CONSTRUCTION INC. Tlur. SAtf O'ATLpA�ORI'hRAT,inN ey: TnN: stile ' 7.3 7 2 7 S A F E T Y R E G U L A T I O N S FOR SUBCONTRACTORS ENTERING INTO CONTRACTS WITH GATEWAY It is the policy of CONSTRUCTION INC. to conduct all operations safely, in order to prevent injuries to persons ana damage to property. We endeavor to take all practical steps to maintain safe, healthful job conditions. Adequate protective and corrective equipment is used to minimize existing accident and health hazards. As a Subcontractor you have, by accepting the contract, obligated yourself to conduct all your operations within this safety policy. The Subcontractor agrees that the prevention of accidents to workers engaged in the Work under this Agreement is the responsibility of the Subcontractor. The Subcontractor agrees to comply with all laws, regulations and codes concernt,.g safety as shall be applicable to.the Work and to the safety standards established during the progress of the Work by the Contractor. ;.'hen so ordered the Subcontractor agrees to stop any part of the work which the Contractor deems unsafe until corrective measures satisfactory to the Contractor have been taken, and further agrees to make no claim for damages growing out of such stoppages. Should the Subcontractor neglect to adopt such corrective measures, the Contractor may-elect to perform them and deduct the cost from payments due or to become due the Subcontractor of its responsibility. We know you realize that an effective accident prevention program is to our mutual benefit through improved employee and public relations, and through increased efficiency and production. Further, no accident prevention activity can be truly effective without the sincere cooperation of each contractor performing on the site. Therefore, if the hoped for enthusiastic cooperation is not forthcoming, we will insist that you comply with the spirit and the letter of the contract. Your attention is directed specifically to the following items: HOUSEKEEPING: Accident free and efficient production is impossible without good job "housekeeping ". This%is the fiist "law" of accident prevention. A construction job is at best hazardous; poor housekeeping simply compounds this situation. Indiscriminate accumulations of debris, waste or scrap in Work areas will not be permitted. (Areas will be designated for storage or disposal.) All materials, tools and equipment must be stored in an orderly manner in designated areas. S A T Y R E G U L A T I O N PAGE 2 EMPLOYEE RULES: A sufficient number of the General Safety Rules adopted for use byGATEWAY _ CONSTRUCT.SON , will be provided to enable your Supervising personnel to adequately train your employees. However, if you desire, substitute rules may be used provided they are approved by the Contractor as to adequate requirements. PERSONAL PROTECTIVE EQUIPMENT: You must furnish your employees with the proper type of personal protective equipment as required by the operations you will be performing, i.e.: 1. HARD HATS must be furnished to your employees and worn at all times when the Job requires hard hats to be worn. 2. EYE PROTECTION of an approved type must be provided to and worn by your employees when the operations being performed presents the danger of an eye injury. (NOTE: In some locations the owner or Contracting Officer may specify a type of eye protection approved by them.) 7. SAFETY JEL'iS mist be furnished and worn whenev,r your employees are working in an area where falls from heights are possible. 4. BRIGHT COLORED SAFETY VESTS must be furnished and worn by your employees when working in areas immediately adjacent to vehicle traffic. SAFETY MEETINGS: Each of your employees is expected to attend a "Tool Box" or "Tailgate" type safety meeting at least once a week. These meetings may either be presided over by your foreman or someone designated by you or your employees may;attend our meetings as schedule permits. FIRE PROTECTION: A fire can very abruptly eliminate this job. The best possible fire protection is to not give fire a place to start. On a construction job, being what it is, emergency fire protection must be provided. Fire pose, piping and water source in addition to general area fire extinguishers will be provided by the Contractor where necessary; you must, however, supply approved type Eire extinguishers for emergency use within your own immediate area of operation including your office and tool shanties if any. TREATMENT OF INJURIES: You must require that any of your employee injured (no matter how slightly) while working on this project, report immediately Eor First Aid treatment. First Aid facilities vary from project to project. Contact our General Superintendent or Safety Supervisor for details. A F E T Y R E G U L A T 1 S PACE 1 ACCIDENT REPORTS: . Injury reports must be completed within 24 hours of ALL injuries to your employees except those requiring only minor First Aid treatment, and a copy of this report furnished to our Hain Office via the Project Manager or Superintendent. GENERAL: Any deviation from this course of action will be called to the attention of your supervision for immediate correction. Conversely, we would greatly appreciate your calling to our attention any unsafe conditions or unsafe practices for which j f: any of our personnel or other subcontractors' personnel may be responsible. Please feel free to enlist the aid of our Supervision in any accident prevention problem you may have. We will be more than happy to assist and advise you. J SAFETY IS FIRST! THINK SAFETY! WORK SAFELY! GATEWAY CONSTRICTION, INC. BY: AGREED AND ACCEPTED: (Name of Subcontractor) BY: TITLE: DATE: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 9265&8915 (714) 644 -3005 M/ � = W TO: VINANCE DIRECTOR 1116197 FROM: CITY CLERK DATE: November 6, 1987 SUBJECT: Contract No. C -2525 Description of Contract Balboa Island Bulkhead Repair near Waters Wav Effective date of Contract November 6, 1987 Authorized by Minute Action, approved on October 26, 1987 Contract with Gateway Construction, Inc. Address 5050 Garford St., (1221 Long Beach. CA 90815 Amount of Contract $387,500.00 L 4�'p Le Wanda E. Raggio City Clerk WER:pm Attachment 3300 Boulevard, MIA �.t � - i. ^ �� a -1 ', III' '¢r ` -• .. s—{ �. 5 TO. CITY CLERK. hi FROM. Publiy °icy Depe1"tment V tiu� H Y - 9W., k• '. Ws A SUBJECT: BALM R�P�R EAR 4!A 1�AY fi #cfred are; three copl@s IFS Subject w' Ci documents Plse e them '� r i ex orr behal sif e retat ssc- a T w .c� T •r �T r_ f 'G. 1 -• 3 l�r`Y 'EW 3• $•'Y Y ly�r 4 .aid,,., "� 1 �(` J l�• � f_e_ € u4 5 .- �F - - -. �`� a S "yc�T +g$<'4 .•ti1 ��yj '# s �y �'i �T.g4` t ���� s � � �� -°§3 � � .F�. � r� aar d _.- a�"�. - r :. {' N• C.- Y,,,�� a. � �, ri�j V• j •X y 5 $ .-• a �ry6t+ • �°`� S ' JNyi � ;a",�" 4 °'�� � s'i� � � .� ��e^ �" a� � � �.- 1 Yj /,r �� . •�. °.a �i 'Fr A ^ "r. s - -'� >. a.3tu�!' s x }� ��S` .• ". .f..3a f s R^ R,x IP +a ¢ ,\ ,`5,`Y^ \ .tA` 1i �' M .+1'+i `M4 S Sr +C N_y��8_:•Yk _ x-C J. T .. 4L-1 ss ls. '/ y Nh Fr @ } y < � 1 y, FyP FI S x �r n V E. r t v .r { r - i 2 di. 3 y, FyP FI S x �r n E. 3 Sx F a t ' 1 T CITY CLERK OWNOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -841.5 until 11:00 a.m. on the 14th day of October _, 1987, ' E<; at which time such bids sha1T be 6penW and read for BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY Title of Project 'v 2525 Contract No. $400,000 Engineer's Estimate 11�'Peavav \�1FOR�� Approved by the City Council this 14th day of September, 1987. Wanda E. Raggio ifff City Clerk Prospective bidders may obtain one "set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Lloyd R. Dalton at 644- 3311, Project Manager '`�� �. �, z, 4. �t.Y 9 '...._., ..r s 1 , �. � =�142658�415 I FOF�`' August t0 1987., a LIE Re. Balboa2lsland Bulkhead Repair near wa #ers "way,. Dear In recent nronths: the City has aonduc#ed meetings'; with property owners on South Bay "Fr.a,.nt r- alit # #ve;,to bulkhead repair on Balt►oa Isiand near' ters,llTa'y 106 &see = indica #ed in'._ the meetings, that the construction pro3.egt #o 'eega #rt: °:the flv�cltead :- necessitates the :removal of floats fenis aiog U bulkhead, The cost of removal and,'..reind�thit$tion of" #hese;: facii'ities °is to be borne by the, harbor..petmtttees:. : :; 'Council The City wail be 'asked to approve the. "..::its c0a9truction pr6jtot. for, bid at ..Sep,tenmix i4, 4-887 mee #ii►g. The City, through Its bid` process, will' aaeure cos# figures : the removal arid. reinstallation` of p18 #forms ° -` aettt : : #1 oats a ": :on permit by permit basis. On or about. November It 1987 you ivl>l be;,nottfi'ed af._ the costs for :removal, storage and reins :talIatlon es speotfied in the bid accepted. by. the City. If yy4urChoase; t0 ttee,the,Gity'._s contractor, he will remove and rein' il,yauE,pletfo a and floats and store them for you' during cons. true #ian (appoa.ie�tely;;three'. months). Shottly'efter removal, yon will be billed the arnaunt r specified In ,the. btd., Ifs on 1the' other hand,;- you ,eke aa; agreearent `rvi #h a E r contractor of gout choice to perform the work,. tTte'retaava.is De completed by January 'b, 1988 so tfiat fhe Clay s goa#'rao;t .�mtat wor.k;., "- wt.11 not be impeded. You would - .;then. direc #ly compenea #e; contractor. In our November notification you will :_receive a postasrd. whereupon you may .indicate your''choiee- -oi contrssttng,e..will ask that the postcards' be returned ta. the Cit b y y alovember 85, 1.887. In the. event that a remponsa is not received from e A. F � M- ;1 E: yj a } t - _ r I k; t C � r G � s F � M- S E: yj a S r z� O N N d U U O U== = O 16 +1 +1 i iJ C ; S- 0 •'- •r O �r •� drY bd u EqqEi J �0�03 dr i U t 7 d it 4j to n N r t Cr+1 0 0 4- 3 O O 01r w O m d d f, N 'D U rn v c c N d to 0 10 (A I-1 d O 4J C L 04 4) dOL d 10 U d N d c a O Y 0 o N C d O 41 Y C i S. 4- CI 0 4 0 0 c N O C N U •. -rocc > CL" .o OL N N N 6 N, O > C > yyU 4� > d i 4- 4) 0) yO L +L+ L U L L N= a41 JZ 0 p d i 3••' U 0 4J Et �S d W Lu C> C -1 L d / d K Ca CL) � L Y d y co > V 3 c rt N H ra 5c :5c n O N 0 i r '-- i6 N to Ol 1 CA ZU buttress in front of the-bulk ;h"d -iV tjorm pcie rep}:e.c.a..� be. very d;lfffeul-t a, .`very costly:," Rheretore the conatructloA c;►A.tfact provides for a 6 wOrictug day:' pePiod after pl$tform ze�noval, for, the owner to repair or rep.laee piatfoea�plle� Yoq rosy wish to �ontaet - marine eoniP.setors _sesalt to $Be.Ptat replacement Or `repair needs at your: fflicll'ttjts aid .to eorttraei far .` -. the needed-'wor k We anticipate that all work wlll tre , ewoketed try, carols �. 25, 1881k, tbe:F:eiday:;,pr' or: to 1astet �Neek. 4 we hope the time ahedule o,rtlined herels is satisfactory, to you,'and that -You' gill.: make needed`cohtrttetiog. arrangements it a timely .maaner> if you- have queetians concerning this. dlf;flcult, but eeeessarg prQeet, !'planes fee3_- _ free -'to call me at,`64! 3044. _ s egely, £ Tony id+elum 4 ideiaAds l4drteis'i P &tOP a 1Mfjc l .: 9y ra'..:i1F JA.95 xii- A h� x r S 1 _ re M z F i } } ..- IP 1 m s - x� b Ll CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY CONTRACT NO. 2525 October 9, 1987 BIDDERS shall propose to complete Contract No. 2525 in accordance with the Proposal as modified by this Addendum: PLAN H- 5111 -S. Sheet 2 of 5: Add to General Note 8: The Contractor may use equipment to demolish and remove existing walkway and sand from behind the bulkhead. The intent of the note is to not allow the walkway area to be used for rock or other materials storage. Add to Chemical Grouting Note 40: The chemical grout mix design shall be not less than 30% solids by volume and may be altered as necessary to provide the desired results of subgrade solidification to prevent leaching of sand material through bulkhead panel joints. SPECIAL PROVISIONS. SECTION VI. BOAT RELOCATION (The attached letter was inadvertently omitted.) Please sign and date this ADDENDUM, and attach it to our bid Proposal.No bid ­will be considered unless this jour is attached. L d Dalton oject Engineer LRD:jd I er Att. S/ Gerald T. Sullivan, Vice- President signature October 14, 1987 Date '. '�:� `. L ..�.... sc,...... � .._...,.. � _ � _.� r _ ..,.. a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY CONTRACT NO. 2525 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 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 Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2525 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT L NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization Forty -two Thousand Three @ Hundred Ninety Dollars and No Cents 2. Lump Sum Traffic control K 4 @ Five Thousand Dollars and No Cents Lump Sum Remove and replace platform(s) and float(s) at 1 Collins Island @ No Dollars and No Cents Lump Sum Remove and replace platform(s) and float(s) at 100 South Bay Front $ 42,390.00 $ 5,000.00 $ 0 @ No Dollars and No Cents $ 0 $ 0 J PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum Remove and replace platform(s) and j float(s) at 106 South Bay Front @ No Dollars and No Cents $ 0 6. Lump Sum Remove and replace platform(s) and float(s) at 112 South Bay Front @ No Dollars and No Cents S 7. Lump Sum Remove and replace platform(s) and float(s) at 118 South Bay Front @ No Dollars and No Cents S 0 8. Lump Sum Remove and replace platform(s) and float(s) at 120 South Bay Front @ No Dollars and No Cents 0 9. Lump Sum Remove and replace platform(s) and float(s) at 124 South Bay Front @ No Dollars and No Cents Y 0 10. Lump Sum Remove and replace platform(s) and float(s) at 130 South Bay Front @ No Dollars and No Cents E 0 11. Lump Sum Remove and replace platform(s) and float(s) at 132 South Bay Front i @ No Dollars and j No Cents E 0 i • i PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT T AL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. Lump Sum Remove and replace platform(s) and float(s) at 136 South Bay Front @ No Dollars and No Cents $ 0 13. Lump Sum Remove and replace platform(s) and float(s) at 140 South Bay Front @ No Dollars and No Cents $ 0 14. Lump Sum Remove and replace platform(s) and float(s) at 144 South Bay Front @ No Dollars and No Cents 15. 16. 17. 2,445 Construct armor rock buttress Tons @ One Hundred Two Dollars and No Cents Per Ton 17,000 Construct chemical grout Gallons @ Two Dollars and Fifty Cents Per Gallon Lump Sum Construct coping repairs Twenty -Four Thousand Five @ Hundred Dollars and No Cents 0 $ 102.00 $249,390.00 2.50 $ 42,500.00 $ 24,500.00 i • + PR 1.4 ITEM NO. QUANTITY AND UNIT ITEM UNIT PRICE DESCRIIYTION WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 18. 3 Construct area drain Each @ One Thousand Dollars and No Cents $ 1,000.00 $ 3,000.00 Per Each 19. 310 Construct PVC /ACP drain pipe Lineal Feet @ Twelve Dollars and No Cents $ 12.00 $ 3,720.00 Per Lineal Foot 20. 4,000 Construct 4" PCC walkway Square Feet @ Four Dollars and Twent -Five Cents $ 4.25 $ 17,000.00 er quare o0 TOTAL PRICE WRITTEN IN WORDS Three - Hundred Eighty -Seven Thousand Five Hundred Dollars and No Cents $ 387,500.00 October 14, 1987 Gateway Construction, Inc. Date i er (213) 597 -9581 / Gerald T. S llivan, Vice President Bi3der s Telephone Number uA t o ized Signature/Title 5050 Garford St., #221 453491- "A" Long Beach CA. 9081'5 Contractor's License No. asst ication Bidder's Address 0 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 SUBCONTRACTORS) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. 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. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of 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. 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 discrepancy 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 respon- sible for bidder errors and 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 a corporate officer or an individual authorized by the corporation. For part- nerships, 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 contract. 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 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. Page 2 453491 - Class "A" Gateway Construction, Inc. Contr's Lic. No. & Classification Bidder October 14, 1987 S/ Gerald'T. Sullivan, Vice r 'dent Date 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. Subcontract Work Subcontractor Address 1. Pressure Grouting Sam -Cat Orange County 2. Armor Rock Buttress Noveco Grand Terrace 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Gateway Construction Inc Bidder SJ Gerald T. Sullivan, Vice President Authorized Signature/Title • FOR ORIGINAL SEE CITY CLERK' *LE COPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Gateway Construction, Inc. as bidder, and Employers Insurance of Wausau, a Mutual Company as Surety, are held and firmly bound unto the City of Newport Beach, Calfornia, in the sum of Ten Percent (10 %) of the Total Amount Bid 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 Balboa Island Bulkhead Repair Near Waters Way #2525 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 to said City 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 contract documents for execution to the above bounden bidder by and from said City, 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 individual, 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 14th" day of October 1987 Gateway Construction, Inc. (Attach acknowled ement of Bier Attorney -in -Fact .� Leslie M. Jones S/ Gera d T. Sullivan, Vice - President Notary Public Authorized Signature /Title. Commission Expires: 7/18/88 Employers Insurance of Wausau Surety 0 0 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. Gateway Construction. Inc. Bidder S/ Gerald T. Sullivan Vice - President Authorized Signature /Title Subscribed and sworn to before me this 14th day of October , 1987. My commission expires: July 18, 1988 Leslie M. Jones Notary Public Page 5 Page 6 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 eted For Whom Person to Contact Telephone No. LnucK LoveKS 1986 City of Foster City Ted Pederson 415/349 -1200 Bill Gill. 1987 City of Long Beach City Hall 213/590 -7169 1987 City of Coronado City Hall Gateway Construction. Inc. Bidder S/ Gera ;d T. Sullivan, Vice - President uthorized Signature /Title NOTICE The following are contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) 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 submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provi3� o aTT fil'P�S 0�'�$URANCEchec coed on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standa S ifications for Public Works Construction (latest edition R opte rd or et use in the City o Newport each , except as supplemented or modified by the Special Provisions for this project. .,., , .. r � .. F } �. .� a .. .. "�� rT �i'�1iOL1S.Y � ^��iu} l.�a.� r �%� i..�3'� .[$.�.i ly / �.. � � � ` y� _. �.._a..a ?,:.,I.rs_^:&'...' wa:.._.,. � :,. ar }. ., �.. _ -� �- ?- .btia�,.r'z}uzu ?ca.:..:,. �:sz =; .x . � Bond #065040416 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 26, 1987 has awarded to Gateway Landscape Construction, Inc. Page 8 hereinafter designated as the "Principal ", a contract for Balboa Island Bulkhead Repair near Waters Way (C -2525 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 hi or its subcontractors, shall fail to pay for any materials, provisions, or other supplAs used in, upon, for, or about the performance 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 GATEWAY T.ANDSMP . rQNCTRTTrTT0N, TMr as Principal, and EMPLOYERS jNsjjgANrE of wATTGArT A NnTrTAT. rr)NVAbrz as Surety, are held firmly bound unto the.City of Newport Beach, in the sum of THREE HUNDRED EIGHTY SEVEN TH011sAND FTVF TuTNngym ----------- Qoliars ($ 387.500.00 ), 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, or other supplies, 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 Unemploy- ment 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. q The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon I _ }g� r. ..s y 1 �, . ..., yh.:FL"MQ v.. �v:i'6.:.G:. Z� .�� ..ee'�.i� ,Yr �,nwy.'jry Y,'Jy;: .� i.r �.�. 3o n e .. ...¢. Page 9 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 29th day of October , 19 87 i GATEWAY LANDSCAPE e Authorized sgnature and Title I�eaj ) ✓EMPLOYERS INSURANCE OF WAUSAU A MUTUAL CO, _ gedl,Y Name of urety 550 California 94Y04 ^ - Barbara L. Shine, Attorney -in -Fact 6 �1 p. 1 1 - - 1 •` �1 p. 1 1 - - ro rl q H O W .-I ro U W O w L ro u N O V M ..1 C ro H W 4' ro N W O A u C O O V ro O v w w w q OO i C A N v H rl w > a w w ro o .G ? a1 u � V w 6 v �4 w L w H ro H ro m W d W w a o A ro m O w w ,C H H u ro w w a a >, o w m w u ro a� O .a w ro > H N O w a O .0 O x H U o H O v W w� O p O ro u b +�4 3 rnl 4 ?d N 43 fL ri F N O a� ro w ✓ H O O w o M a O N ro H O O a� a H a! O q U � .0 H a.+ 7 a w o 14 u m v W Y 1 O u . d 4 w 1 % ;n w w 1:7 G H O j O 41 a� si u ro o w a ro H O tl O p u w H H' m ro v x u w e w o C H N O ro rl +i O .-1 3 p �tl v w A N u m u v .i '4 w ro N 3 o u 0 14 ? C W V ?6 0 O W w u " o 14 O C O ro $ ro N to C m g ro x wa C O 6 f w N wC N N W u H .-1 Z w C la H w L ro Y N H O W C ro C ,-I u O z t 2 o< w � O CO W m U 2 JJ=3ODLL « W�UN.S `s �. Page 10 WHEREAS, the City Council of the -City of Newport Beach, State of California, by motion October 26, has awarded to Gateway Landscape Construction, Inc. hereinafter designated as the "Principal ", a contract for Balboa Island Bulkhead Repair near Waters Way (C -2525) 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 theg'furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, GATEWAY LANDSCAPE , INC. as Principal, and EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of THREE HUNDRED EIGHTY SEVEN THOUSAND FIVE HUNDRED ----------- J)ollarS ($ 387,500.00 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; here* 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 ��� == ��. ;; r: .., :_..._ ;� � � -� t t Page 1! Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or_to the work or to the specifications:: In the event that any principal above na *.,Wuted this bond as an individual, it is agreed that the death of any such print 11 not exonerate the Surety from its obligations under this bond. P . IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 29th day of October- , 19 87 GATEWAY LANDSCAPE , INC. t or ze gi— �e�a!to�Ire a�n Title ' l Authorized Signature and Title ..... EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COZ ; Name of urety - 550 California Street, San Francisco, ''94144 )Qdress of ury L. Shine, Attorney -in -Fact A �. .i � � 1 .r t � i -- _ � '. _- .' ` ..w- I ..' .�" ./ �i±. ``o � � - `�' i.. I �- ^ . p � -. �-: _ �.^ �.: � � �- � _. .; Iii/`.,' � ^, A . ...... ... ... .. .. ..... .. -.�.... I f r. M i ..� ... ""T;'' - "d _...__ w.,,. �.:_,.� =r.;cvfr4x"� �vss:' i air_ N H ro C 4 H ro m H O O N O w a w u u m O M w aG. ,4 N ro H .i ro O O O C A O U ON N d w C J ro W N N >, M m m v a .e d v a M u w a ro a d +•tlI d 3 � A ' R ro > 6 N m O T 0 N' W a N@ u b ,u- ° c m O +' o 0 m 3 0 0 w a d ` ° q M G ° ro u W 'Ci '-1 0 o w b ,4 3 3 ro d ,4 �I - x o v ro x ro y m 9 w o N m I + a s o E N q N N N W .m W u O O O W m 4 ?, Vl U O z a A 0 A 3 ri r d L ro 11 y b d ro N 0 w R ro JC `t T N ro i u 0 z a z o: ,v',e000� Y�Z ao �mcOi¢ s JJ� =cc� 1 J G VrV � o E Z E a O N M 0 N M to N O to O O L N L v r. o q U C G u p M N C N 91 M M C4 ro a y o u Z H H VM b C A Y W V L � V 1 V A W M N b M Y W N H ro C 4 H ro m H O O N O w a w u u m O M w aG. ,4 N ro H .i ro O O O C A O U ON N d w C J ro W N N >, M m m v a .e d v a M u w a ro a d +•tlI d 3 � A ' R ro > 6 N m O T 0 N' W a N@ u b ,u- ° c m O +' o 0 m 3 0 0 w a d ` ° q M G ° ro u W 'Ci '-1 0 o w b ,4 3 3 ro d ,4 �I - x o v ro x ro y m 9 w o N m I + a s o E N q N N N W .m W u O O O W m 4 ?, Vl U O z a A 0 A 3 ri r d L ro 11 y b d ro N 0 w R ro JC `t T N ro i u 0 z a z o: ,v',e000� Y�Z ao �mcOi¢ s JJ� =cc� 1 J G VrV � o E Z E E P No. 206 -039- 000512 EMPLOYER$ INSURANCE Of WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL, MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver ANY OR ALI, BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE. THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE Z CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS ❑ C$10,000,000 W Er and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with Z the corporate seal of the Corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. a This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at LLI meeting duly called and held on the 18th day of May, 197;1, which resolution is still in effect: EL " RESOLVED, that the President and any Vice President — el ectiveorappointive— of EMPLOYERS INSURANCE OF (L Q WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying I- the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A O Mutual Company hands, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, Z and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach Cl) thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company" O '* FURTHE: RRESOLVE: D, that thesignaturesofsuchofficers and theses] (if EMPLOYERS INSURANCE OFWAUSAU ❑ A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile, and F anv such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding Z upon the EMPLOYERS INSURANCE OF WAUSAU Mutual Company when so affixed and in the future with respect LLI to any bond, undertaking or contract of suretyship to which it is attached:' w IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be Qsigned by the senior vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day Z U) of OCTOBER .19-27— U) ! "= EMPLOYERS INSURANCE OF WAUSAU A Mutual Company {i w \SEAL r' By >- �,- R. C. Reaerath t Senior Vice President w Z Attest: F0 i a F R. J.R. Biema� Assistant Secretary Q w STATE OF WISCONSIN ) p )as. ¢ COUNTY OF MARATHON ) W On this 1ST day of OCTOBER ?� , 19$Z, before me personally came dR. C. RCtterath , to me known, who being by me duly sworn, did depose and say that he is a senior ace president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, the corporation described in ❑ and which executed the above instrumene that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate Qseal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. > IS WITNESS W HEREOF. I have hereunto set my hand and affixed my official seal the day and Year herein first above written. Q F- 00 Q.1 tx U) Patricia A. Kleman Notary Public 2 NOTARY PUBLIC F- STATE OF WISCONSIN STATE OF WISCONSIN I MY COMMISSION EXPIRES JUNE 3, 1990 CITY OF WAUSAU 1 ss. COUNTY OF MARATHON r CERTIFICATE L the undersigned, assistant secretary of EMPLOYERS INSURANCE: OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney. WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this 29th day of October 19 87 CCSE . R. J. Besteman Assistant Secretary NOTE.: IF YOU HAVE ANY (111 ESTIONS_ILEWARDING- ;p}tk, ya�,�j,� )ING. OF THIS POWER OF C'ell�V ..._. ATTORNEY (AI.I.TOI I FREE IH001826.166f fIN'VVIS(`ONSIN, L .'f Il4 �Tr. •CERTIFICATE OF INSURANCE City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED Gateway Landscape Construction, Inc. 5050 Garford Street #221 Beach, CA. 90815 q LJ E COMPANIES A CNA B C D E Page 12 This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). :NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof,the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: / 6AZ4A4c, . -.0 D—C/i Agency: EVERETT W. STARK 6 COMPANY Authorized Repres tative Date: OCTOBER 30, 1987 Telephone: 421 -1492 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: Balboa Island Bulkhead Repair Near Waters Way (C -2525) Project Title and Contract Number This certificate or verification of insurance is not an insurance pollcy ana noes 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. ...I Policy LIMITS OF LIABILITY IN THOUSAND S 000 COMPANY TYPES OF INSURANCE Policy Exp. Ag.products. LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence'0 erations GENERAL LIABILITY Bodily Injury $ $ A x Comprehensive Form 0000841 x Premises - Operations 338 9/1/88 Property Damage $ $ X Explosion & Collapse Hazard X Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $1,000, $ 1,000, x Broad Form Property Damage x Independent Contractors X Personal Injury Marine Personal Injury $ 1,000, Aviation AUTOMOTIVE LIABILITY x❑ Comprehensive Form Bodily Injury (Each Person $ A Q Owned BUA80084 $ Bodily Injury 1339 9/1/88 Each Occurrence x Hired ❑ Proeerty Damage o i y Injury an ❑x Non -owned Property Damage Combined $ 1,000, EXCESS LIABILITY A ® Umbrella Form CUP00084 Bodily Injury ❑ Other than Umbrella Form 1341 9/1/88 and Property Damage $ 2,000, Combined $2,000, WORKERS' COMPENSATION I StatutoV CA A EMPLOYERr'S LIABILITY $008420 8/26/88 1,000, Accident) :NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof,the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: / 6AZ4A4c, . -.0 D—C/i Agency: EVERETT W. STARK 6 COMPANY Authorized Repres tative Date: OCTOBER 30, 1987 Telephone: 421 -1492 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: Balboa Island Bulkhead Repair Near Waters Way (C -2525) Project Title and Contract Number This certificate or verification of insurance is not an insurance pollcy ana noes 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. ...I 0 CITY OF NEWPORT BEACH 0 AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 13 It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability W) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence each occurrence $ 1,000,000 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: Balboa Project Title and Contract No. . This endorsement is effective October 30, 1981t 12:01 A.M. and forms a part of Policy No. BAU800841339. Named Insured GATEWAY LANDSCAPE CONSTRUCTION, INC. ___--�,Endorsement No. 1A Name of Insurance Company ntative Page 14 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 nold 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 M Single Limit Bodily Injury Liability $ 1,000,000 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 Designated Contract: Balboa Island Bulkhead Repair -Near Waters- Way (C -2525 Project Title and Contract No. This endorsement is effective October 30, 1987at 12:01 A.M. and forms a part of Policy No. C0000841338 Named Insured GATEWAY LANDSCAPE CONSTRUCTION Name of Insurance Company CNA By _Endorsement No. 1A d Representative ' Page'15 CONTRACT THIS AGREEMENT, entered into this day of 19 �l_, by and between the CITY OF NEWPORT BEACH, hereinafter "City and Ga ewa Landscape Construction, Inc. hereinafter "Contra tor, "is ma a with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Balboa Island Bulkhead Repair Near Waters Way C -2525 Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all.materials and perform all of the work for the construction of the following described public work: Balboa Island Bulkhead Repair Near Waters Way C -2525 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 Three Hundred Eighty -Seven Thousand Five Hundred and No /100 Dollars 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) 0 • .. r I Y_:.tib T T .. . . ..., :.rtiw�s..:�'= _.a.M1�...'-:. (f)..Plans and Special Provisions for Page 16 _ Repair Near Waters C -2525 Title of ProjecWav t Contract No. (g) This Contract. 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. CIT By CITY Gateway Landscape Construction. Inc. Nai of Cont a or (Principal) S( Gerald T. Sullivan. Vice- President Authorized Signature and Title Authorized Signature and Title r' •5 • CITY OF NEWPORT BEACH 40 PUBLIC WORKS DEPARTMENT BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY CONTRACT NO. 2525 SPECIAL PROVISIONS INDEX SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. BEGINNING OF WORK AND TIME OF COMPLETION . . . . . . . . . . . . . 1 III. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . . . . . . . 2 A. General. . . . . . . . . . . . . . . . . . . . . . . 2 B. Traffic Control Plan . . . . . . . . . . . . . . . . . . 2 C. "NO PARKING, TOW- AWAY" Signs: . . . . . . . . . . . . . . . . . 2 D. Street Sweeping Signs . . . . . . . . . . . . . . . . . . . . . 2 E. Notice to Residences . . . . . . . . . . . . . . . . . . . . . 3 F. Flagmen . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 G. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VI. BOAT RELOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VII. PLATFORM AND FLOAT REMOVAL AND REPLACEMENT . . . . . . . . . . . . 4 VIII. PLATFORM AND FLOAT TRANSPORT AND STORAGE . . . . . . . . . . . . . 4 IX. PILE REPLACEMENT BY OWNERS . . . . . . . . . . . . . . . . . . . . 4 X. PILE REMOVAL BY CONTRACTOR . . . . . . . . . . . . . . . . . . . . 4 XI. PROTECTION OF PRIVATE PROPERTY AND SERVICES. . . . . . . . . . . . 4 XII. MAIL DELIVERY . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 XIII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 XIV. CONSTRUCTION SURVEY . . . . . . . . . . . . . . . . . . . . . . . . 5 XV. SURFACE WATER CONTROL . . . . . . . . . . . . . . . . . . . . . . . 5 XVI. EXCESS MATERIAL . . . . . . . . . . . . . . . . . . . . . . . . . . 5 XVII. FILTER CLOTH AND ARMOR ROCK PLACEMENT . . . . . . . . . . . . . . . 5 XVIII. EXISTING BULKHEAD SUPPORT SYSTEM . . . . . . . . . . . . . . . . . 6 XIX. COPING REPAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . 6 • CITY OF NEWPORT BEACH SP lof6 PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY CONTRACT NO. 2525 I. SCOPE OF WORK The work to be done under this contract consists of handling and storing private platforms and floats; installing rock buttresses, a subdrain and a new walkway; grouting existing bulkhead panel joints; repairing a bulkhead coping; and performing miscellaneous incidental items of work. All work necessary for the proper completion of the contemplated improve- ments shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. H- 5111 -S, H- 5117 -L and H- 5118 -L), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Public Works Construction (1985 Edition), incTuding supp ements. Cop of the tan ar pecia Provisions and Standard Drawings may be purch at the Public Works Department for Five Dollars ($5). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, (213) 202 -7775. II. BEGINNING OF WORK AND TIME OF COMPLETION The Contractor shall complete all work, including cleanup, by March 25, 1988. No work shall interfere with public use of the South Bay Front walkway or private use of the adjacent platforms and floats before January 5, 1988. III. LIQUIDATED DAMAGES Liquidated damages shall be per Section 6 -9 of the Standard Specifications except that the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $250 rather than the $100 shown in Section 6 -9. IV. PAYMENT The unit or lump sum price for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the price bid for other related items of work. Partial payments for "Mobilization" shall be made in accordance with Section 10264 of the California Public Contract Code. 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. . . S ' • SP 2 of 6 V. TRAFFIC CONTROL AND ACCESS A. General: Traffic control and access shall comply with Section 7 -10 of the Standard S ecifications for Public Works Construction and the requirements set ort herein, and s a 1 apply to all phases in the construction of this project. B. Traffic Control Plan: The Contractor shall submit written traffic control plans to the Engineer for approval in accordance with Section 2 -5.3 of the Standard Specification. The Contractor shall be fully responsible for the adequacy of his traffic plan utilized for conformance with his intended construction schedule and shall provide for its proper implementation and maintenance. The traf fic control plan shall conform to the following requirements: 1. Traffic control shall be implemented according to the guidelines established in the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these Specifications except as modified herein. 2. Streets and alleys shall remain open to traffic at all times unless otherwise approved by the Engineer. 3. Pedestrian detours from South Bay Front walkway into the alley between Emerald and Park Avenues shall be installed by the Contractor and field approved by the Engineer before any construc- tion begins within the walkway. 4. Street and alley intersections shall be open to two -way vehicular traffic during Contractor's non -work hours. 5. Type III barricades shall be used across all street, alley, and South Bay Front walkway closures. The walkway closure shall also include barriers attached to the top of the bulkhead coping. 6. Park Avenue shall not be closed to vehicular traffic. C. "NO PARKING, TOW- AWAY" Signs: If the work necessitates closure of on- street parking zones, the Contractor shall furnish and maintain in place "NO PARKING, TOW- AWAY" signs (even if streets have posted "NO PARKING, TOW- AWAY" signs). The Contractor shall post signs and notify the City's Police Department Traffic Division, at (714) 644 -3742, for verification of posting at least forty (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. D. Street Swee in Si ns: If the work necessitates closure of on- street parking zones, the ontractor shall bag or cover street sweeping signs in the vicinity of the parking zone closures in a manner approved by the Engineer prior to posting "NO PARKING" signs. SP 3 of 6 Upon removal of the "NO PARKING" signs, all street sweeping signs which the Contractor had covered shall be immediately uncovered. E. Notice to Residences: During the second working day prior to restricting or closing a section of street, alley, or walkway, the Contractor shall distribute to each affected residence a written notice stating when the construction closure or restriction will occur and approximately when it will be reopened. During the fifth working day prior to removing a platform or float, the contractor shall post upon each affected platform and distribute to the adjacent residence a written notice stating when the removal will occur, where the facility will be stored, and approximately when it will be replaced. The five days are necessary so that owners will have the opportunity to remove certain items from platforms and floats prior to disassembly. (Contractor note: The boat /platform /float owner may not also be the owner /resident of the adjacent residence.) The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require renotification by the Contractor. F. Flagmen: If it becomes necessary, the Contractor shall provide uni- formed flagmen to slow down and re -route traffic through the construc- tion area. G. Payment: All costs for providing traffic control and access, includ- ing all requirements as detailed in this Section and as required for this construction project, shall be included in the lump sum price bid for "Traffic Control ". VI. BOAT RELOCATION The City has informed harbor permittees in 100 block of South Bay Front to remove and relocate boats per the attached letter dated August 10, 1987. It is imperative that the boats be allowed to return no later than March 25, 1988, since many boat owners' temporary mooring commitments may expire on or before that date. VII. PLATFORM AND FLOAT REMOVAL AND REPLACEMENT Although the proposal contains individual bid items for remove and replace platform(s) and float(s) by the Contractor, certain owners may elect to perform such work via their own contractor. In the event that the work is done by owner's contractor(s), the corresponding bid item(s) will be deleted from the contract during construction. In the event that the Contractor does the work, platforms and floats shall be carefully removed, protected from damage or deterioration, and reinstalled to meet or exceed their condition prior to the contract. In the event that the contractor elects to construct without removing and replacing platforms and floats, he shall enter zeros for the corresponding bid items for remove and replace platform(s) and floats(s) in his proposal. (Contractor note: The boat /platform /float owner may not also be the owner of the adjacent residence.) SP4of6 VIII. PLATFORM AND FLOAT TRANSPORT AND STORAGE The Orange County Harbor Department (Harbormaster Harry Gage, telephone no. 834 -2654) intends to provide an area for storage of platforms and floats during construction. The Contractor shall confirm such arrange- ments prior to bid, and shall include all costs for transport and storage in the individual bid items for remove and replace platform(s) and float(s) in his proposal. IX. PILE REPLACEMENT BY OWNERS XI XI I. XIII. Certain owners of platforms may desire to replace platform piles after the Contractor removes the platform, but before rock is placed. The Contractor shall cooperate in such pile replacement effort by allowing a five - working -day period after platform removal for the owner's work to be completed, and by providing adequate access within the Contractor's work area for the pile replacement. PILE REMOVAL BY CONTRACTOR Certain guide piles for floats may obstruct the Contractor's effort to perform his work. The Contractor may remove, transport, store and reinstall such piles subject to the provisions of the Standard Specifications. This work shall be considered as an incidental item of work. PROTECTION OF PRIVATE PROPERTY AND SERVICES Property lines abutting the proposed improvements are indicated on the plans. Prior to construction, the Contractor shall verify the location of existing buildings, structures, planters, walkways, etc., and shall pro- tect them in place and be responsible for, at his own expense, any damage to them resulting from construction of the improvements. Most platforms and floats are served with water, power and telephone from the adjacent residence. The Contractor shall be responsible for capping or disconnecting such services at the property line prior to excavating behind the bulkhead, and for reconnecting the services during replacement of fill. This work is considered as incidental to the construction of the armor rock buttress. MAIL DELIVERY Mail delivery is normally to the front residences. During construction, some boxes along the alley for delivery; the at the Camelback Post Office, telephone WATER door of 100 block South Bay Front residents will place temporary mail other residents will receive mail 640 -8720. If the Contractor desires to use City's water, the Contractor shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to City, the deposit will be returned to Contractor, less a quantity charge for water usage. XIV. CONSTRUCTION SURVEY Field surveys for control of construction shall be the provided by the Engineer. Staking shall be performed on all items ordinarily requiring • SP5of6 grade and alignment at intervals normally required for such construction. All known property corners are shown on the plans. The Contractor shall make every effort not to disturb the corners; however, if a corner is inadvertently disturbed or must be removed in order to accomplish the work, the Engineer will replace said corner at no expense to the Contractor. XV. SURFACE WATER CONTROL The Contractor shall treat by filtration or retention in settling basin(s) surface runoff water containing mud, silt, or other deleterious material from the project sufficient to prevent such waters from directly entering storm drains or the bay. Prior to commencing construction, the Contractor shall submit a plan for implementing siltation control concurrently to the Engineer and to the California Regional Water Quality Control Board, Santa Ana Region (6809 Indiana Avenue, Suite 200, Riverside, California 92506, (714) 684 -9330. Upon approval of the plan by the Engineer and the Board, the Contractor shall be responsible for the implementation and maintenance of the control facilities. The Contractor shall also provide for drainage at the end of Park Avenue during construction. All costs for providing surface water control, for obtaining permits therefor, for complying with the provisions of the permits and for pro- viding for drainage shall be included in the lump sum price bid for "Mobilization ". XVI. EXCESS MATERIAL The Contractor shall excavate material in front of the bulkhead for rock placement and in the back of the bulkhead to unload surcharge from the wall during construction. A certain quantity of clean sand from the exca- vation in back of the bulkhead, as determined by the Engineer, may be placed along the South Bay Front beach easterly of Emerald Avenue as directed by the Engineer. Material in front of the bulkhead is not anti- cipated to be clean enough for beach deposition. All other excess material shall be disposed of offsite at the Contractor's sole expense. Excavation of material in front or in back of the bulkhead and replacing or disposing of such material shall be considered as incidental to the construction of the armor rock buttress. XVII. FILTER CLOTH AND ARMOR ROCK PLACEMENT The Contractor shall place and secure filter cloth prior to rock placement. This work will be performed below tide elevations. All costs associated with supplying and installing the filter cloth shall be con- sidered as in incidental to the construction of the armor rock buttress. • • SP6of6 XVIII. EXISTING BULKHEAD SUPPORT SYSTEM The bulkhead was originally supported at the cap with rods tied back to anchor piles located under the South Bay Front walkway. Since the rods are approximately 55 years old, severely corroded and fractured, they are not assumed to provide bulkhead support any longer and need not be protected. XIX. COPING REPAIRS Coping repairs shall include, but not be limited to, work specified in PIPE PENETRATIONS, EXPANSION JOINTS, CONCRETE PATCHING, AND CRACK REPAIR IN CAP notes on the plans. The completed work shall result in a sound, defect -free coping above the entire length of the armor rock buttress. a� ti i TY0 A/NEL u i 7"Y,0 /C.4 4 SE'C7" 10611 N. T. S, L /O� y E4BT pPOMdn/DO� "- ^'^ 1 PL .4 N N. W. CO.pNEAP 9'CG1-E•'1oc20*' /.... acc wovr s!/a« AV AV /.V 4Gr4FadAt4f W /T.V Ti a oEC /FlC4T /OK9 AVIV i COAl�TBUCT /ONE /�✓e�j 9., a0000x. Wr. cr Qacre /S - ,Pao rove. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ,pOCdC BU TT.FA° S9 ,oVOBT'y WEST CO B.vB.2 OG L /TTL E BGL BOt1 IVZd A/O DATE PUBLIC WORK! DIRECTOR R.E. N0. L AAL DRAWING N0. A/ — ,f / /%Z a 'r :.,:::: Al/ L I I I� I� I {� I 1.% a r % N. 1 4 T f'R ®UL A Ard V A4NE4 Is' :M01.NG 91 am/ zJ/,TOP O.�' COP /NO )-F 0 Lr _ TJ o i � I � ►2iEB no PO' $ate— CEOTEXT /G ki S X &Q AW SSG V.FWCE Qi TYA /C,4 �9ECT /ON N, T, 9. I � D„ • , ,� , • $OUT" B4 ✓ FA20N T COICIS`T.PUCTiON NOTES I I /.... LILL AVOW 6W44CZ BE �EBFL1?M� I I /N dKO�QONCi /rlrAl rwa' 9TCN000O yOEC /F /C4T /ON3 FOG oL/BL /C 6YOQ�5 .i� CGWBTBUCT /ON, 1985 EO /T/ON. EX /BT, QP'6.P0 /NJ � � �I ,oV4.4 /v s W. co¢/vEe I 5c4LE Ill = P0' 2,,, GEOTCXT /L! dN0 4.PM474P 20C& 9f/aLL CO.VFOQM /Y 1Th1, T//& vQOVi8 /ov8 as PL4N H- giir -5, sZei,T 2 3....doPIOK• Nr- OF AMOCrB /8 .✓mod TONS • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT APOCAr BUTT2E86 W4ff97- COid"EQ OF L /TTLG' BGL490.4 194,4"0 �lz- PUBLIC WORKS DRECTOR R.E. DRAWING NO. /y -✓T //8 L A' R� • • C7 0 TO: CITY COUNCIL FROM: Public Works Department 40 October 26, 1987 CITY COUNCIL AGENDA BY THE CITY C&M NO. F -3(b) CITY OF NEWPORT BEACH 'ail 1 SUBJECT: BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (C -2525) RECOMMENDATION: 1. Waive the irregularities in the bid documents of Gateway Landscape Construction, Inc. 2. Award Contract No. 2525 to Gateway Landscape Construction, Inc. for the total price of $387,500, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on October 17, 1987, the City Clerk opened and read the following bids for this project: Bidder Total Price Low Gateway Landscape Construction, Inc. $387,500 2. Manson Pacific $550,000 3. Healy Tibbitts Construction Co. $582,565 The low bid is 3% below the Engineer's estimate of $400,000. The apparent disparity between the total prices of the low bidder and the other bidders is primarily due to two factors. The first factor is that the low bidder intends to construct without removing, storing and replacing 12 pri- vately owned platforms and floats within the work area. The #2 and and #3 bid- ders included $50,000 and $112,000, approximately, in their bids for the platform and float work. (See the attached letter dated August 10, 1987, to the platform and float owners which explains the options concerning this item of work.) The second factor in total price disparity between the low bidder and the other bidders is that the low bidder proposed lower prices for certain items of work, such as Mobilization, Coping Repairs, Armor Rock, etc. The low bidder, Gateway Construction, Inc. , has not performed pre- vious contract work for the City; however, a check with their experience references and the State Contractor's License Board has shown that Gateway has successfully completed publicly owned landscape projects for other Southern California agencies and has no pending actions detrimental to their contractor's license, respectively. (31V Gateway employs a well - qualified individual, Mr. Fred Nove, to construct the work on the water side of the bulkhead. Mr. Nove's experience includes the construction of Promontory Bay's rock revetment and some sea wall •repairs for The Irvine Company, as well as world -wide construction for many firms, but not as an employee of Gateway Construction, Inc. Gateway's bid documents indicated that Gateway Construction, Inc. was the bidder, when in fact the actual company name is Gateway Landscape Construction, Inc. The firm's vice president has acknowledged the incorrectly listed name and indicates that contract documents will be executed in the name of Gateway Landscape Construction, Inc. Gateway's proposal was also not signed prior to opening bids. Gateway has since signed the proposal. Inasmuch as the competitive process has not been violated, staff recommends that these irregularities be waived as immaterial. Funds for award are proposed from Account No. 02- 4297 -395, Balboa Island Seawall Rehabilitation. All other information concerning the project and included in the attached Agenda Item of July 13, 1987, remains unchanged. ��J a •BenJamin B. Nolan Public Works Director LD:jd �J .2 CITY OF NEWPORT BEAU' n S • ,.,. ,_. 1'.U, h��\ I �t,•;, KiiP:'lY ?ItT It6.��<:H, c:A v_r, �r•..; ��!:'�, '- a! /cpliy`F August 10, 1987 Re: Balboa Island Bulkhead Repair near Waters Way Dear Ad) /GY/li� MR AAr'/)eG In recent months the City has conducted two meetings with property owners on South Bay Front relative to bulkhead repair on Balboa. Island near Waters Way. We have indicated in the meetings that the construction project to repair the bulkhead necessitates the removal of floats and platforms along the bulkhead. The cost of removal and reinstallation of these • facilities is to be borne by the harbor permittees. The City Council will be asked to approve the construction project for bid at its September 14, 1987 meeting. The City, through its bid process, will secure cost figures for the removal and reinstallation of platforms and floats on a permit by permit basis. On or about November 1, 1987, you will be notified of the costs for removal, storage and reinstallation as specified in the bid accepted by the City. If you choose to use the City's contractor, he will remove and reinstall your platform and floats and store them for you during construction (approximately three months). Shortly after removal, you will be billed the amount specified in the bid: If, on the other hand, you make an agreement with a contractor of your choice to perform the work, the removals must be completed by January 5, 1988 so that the City's contract work will not be impeded. You would then directly compensate your contractor. • In our November notification you will receive a postcard whereupon you may indicate your choice of contracting. We will ask that the postcards be returned to the City by November 25, 1987. In the event that a response is not received from a 3 3300 Newport Boulevard, Newport Beach 7 9 C7 • • ;I Page 2 • August 10, 1987 nermittee, the City may be forced to revoke the harbor permit to insure that the floats and platforms can be removed by the City's contractor in a timely manner. After our contractor places filter fabric and the rock buttress in front of the bulkhead, platform pile replacement will be very difficult and very costly. Therefore, the construction contract provides for a 5- working day period after platform removal for the owner to repair or replace platform pile. You may wish to contact marine contractors soon to ascertain pile replacement or repair needs at your facility, and to contract for the needed work. We anticipate that all work will be completed by March 25, 1988, the Friday prior to Easter Week. We hope the time schedule outlined herein iS satisfactory to you, and that you will make needed contracting arrangements in . a timely manner. If you have questions concerning this difficult, but necessary project, please feel free to call me at 644 -3044. TM /jc Sincerely, Tony Melum Tidelands Administrator • • • S 0 0 September 14, 1987 CITY COUNCIL AGENDA ITEM NO. F -19 TO: CITY COUNCIL FROM: Public Works Department and Marine Department SUBJECT: BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (C -2525) RECOMMENDATIONS: 1. Approve the plans and specifications 2. Affirm the negative declaration of environmental impact 3. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on October 14, 1987. 4. Set a public hearing for 7:30 p.m. on December 14, 1987 to hear protests concerning revocation of harbor permits, if necessary. DISCUSSION: The current budget contains an appropriation for the rehabilitation of bulkheads along South Bay Front between Emerald and Park Avenues. Bulkhead panel tie rods have corroded since their pre -1935 installation to the extent that little support is provided for the seawall. This lack of support has led .o separation of joints between bulkhead panels, migration of island sand into the bay, subsidence of the South Bay Front walkway (creating ponding locations), and damage to the seawall coping. Additional background data is included in the attached report dated October 28, 1985. Two alternative methods of providing additional support to the bulkhead were investigated during design. The first alternative would construct a sloping armor rock buttress in front of the bulkhead to approximately 6* feet below the top of coping. The bulkhead joints would then be chemically grouted to halt further sand migration, the coping would be repaired, and the sidewalk would be rebuilt, including a pipe subdrain. This alternative is estimated to cost $350,000. The second alternative would construct a sloping armor rock buttress in front of the bulkhead to approximately 10 feet below the top of coping. In addition, tieback anchors would be installed in holes drilled from the bulkhead into private property under homes. The bulkhead joints would then be grouted, coping repaired, and sidewalk rebuilt with a subdrain as in the first alternative. The construction of the second alternative is estimated at $1,000,000. Each of the adjacent property owners would need to execute an ease- ment for the tieback anchors. Other alternative methods of providing additional support to the bulkhead were investigated by staff and its consultant, but were dismissed as not being structurally feasible, not being aesthetically pleasing, not being maintenance -free, or a combination of the above. Also, the existing corroded tie rods could not merely be replaced since the piles they anchor to, which are Y September 14, 1985 • • Subject: BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (C -2525) Page 2 •located within the "active" earth wedge, cannot provide the necessary lateral support for the coping. Staff made presentations to property owners and harbor permittees who are adjacent to the proposed bulkhead repair on the evenings of April 21 and July 21, 1987, and in detailed letters dated July 7 and 24, 1987. During the meetings, some of the owners and permittees expressed an interest in the second alternative. They felt that the 3(E foot lower rock elevation would trap less debris, therefore causing less odor and being less unsightly. Staff explained that the City could not underwrite the additional expense for such an alter- native (estimated at $600,000, or approximately $50,000 per parcel). In order to provide the tieback alternative, the owners would have to provide the cost dif- ferential, plus easements for each parcel so that the anchors could be legally placed and recorded. The owners /permittees expressed little interest in pro- viding the additional construction costs. Also, based upon past experience, there would be virtually no possibility of obtaining voluntary easements from all 11 property owners, so the tieback alternative was deleted from the project. The 11 harbor permittees have been advised that they will be respon- sible for removing, storing and reinstalling their boating facilities (floats and platforms) to allow for the City's construction. Another permittee, with a harbor facility at 1 Collins Island, must also remove his facility in order to • provide access for the City's contractor. Some objection to these requirements has been expressed by harbor permittees; however, most permittees have been understanding and cooperative. One permittee, at 106 South Bay Front, must permanently reorient his boating facility so that it will not "ground" during low tide cycles. He has begun processing permits for the relocation, and should obtain all necessary permits prior to the January 5, 1988 start of construction. Staff has also advised the 11 permittees along South Bay Front to make arrangements to replace platform pile, if necessary, prior to the City's rock buttress work. If the pile replacement is done later, it will be substan- tially more difficult and expensive since 1) a crane will be needed to move buttress rock in the vicinity of the pile replacement, and 2) pile jetting will jeopardize the adjacent buttress rock. Float guide piles are not a factor since they are located outside of the rock buttress area; however, if guide piles interferes with the contrac- tors activity, he will remove and replace them as a portion of the contract work at no expense to the permittee. • Contract No. 2525 contains a bid item for removal, transport, storage and reinstallation of floats and platforms at each boating facility. After the contract is awarded, staff will provide these prices to the permit- tees. The permittees will then have a least two weeks to designate whether the City's contractor or someone else will perform the work at their facility. If the City does the work, the permittee would be billed upon removal per the bid item price. If someone else does the vrirk, it must be completed prior to January 5, 1988. If the permittee fails to perform or to designate, staff requests the City Council to hold a public hearing on December 14, 1987 to con- sider revoking their harbor permit so that the floats and platforms can be removed by the City's contractor in a timely manner. The revocation of permit to September 14, 1987 0 • Subject: BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (C -2525) Page 3 and removal of facilities is provided for by Sections 17.24.090 and .100, respectively, of the Newport Beach Municipal Code. The permittees have been notified of this procedure by letter dated August 10, 1987 (copy attached). The permittees were also advised to begin looking for a site to moor their boats during construction. We estimated a 3 -month construction period beginning on January 5, 1988 (the Tuesday after New Years' weekend) and ending on March 25, 1988 (the Friday before Easter week). The Marine Department was unsuccessful in obtaining alternative mooring sites; however, they did arrange, with the County Harbormaster, sites for storage of floats and platforms removed by the City's contractor during construction. The Tidelands Affairs Committee has been kept abreast of the deve- lopment of the project, and fully supports staff opinions regarding 1) owners' obligations to remove, relocate and reinstall floats and platforms to facilitate the City's construction, 2) revocation of harbor permit whereupon the permittee fails to perform float and platform removal in a timely manner, and 3) sub- sequent removal of harbor facilities by City contractor, if necessary. Because of access limitations along the South Bay Front, staff and the consultant have assumed that materials delivery and construction of the rock buttress will be from a barge. Approximately 1,110 cubic yards of material will be excavated to 16 feet in front of he bulkhead to provide a "key" for the •armor rock (see attached Exhibit "A "). Another 510 cubic yards of material will be excavated from behind the bulkhead to "unload" the bulkhead during construc- tion. Relatively clean sandy excess material may be deposited along the South Bay Front beach easterly of Emerald Avenue. The remainder of the excess material must be disposed of offsite. The contract permits materials and equip- ment storage in the Park Avenue and Emerald Avenue street ends, if needed. The project also specifies rock placement at the two corners of Little Balboa Island at Grand Canal (see attached Drawing Nos. H- 5117 -L and H- 5118 -0. These corners must be buttressed to deter further moves ent of the seawall. The third corner of Little Island was similarly buttressed approxi- mately two years ago. A Negative Declaration of Environmental Impact has been prepared by staff and approved by the Environmental Affairs Committee. Notices of deter- mination have been filed with the Clerk of the Board of Supervisors and published in the local newspaper. Inasmuch as the work is rehabilitory, the project is excluded from the permit requirements of the Coastal Act. Plans and specifications for the project were prepared by staff and by Cash & Associates Engineers. The estimated construction cost for work at •Waters Way is $350,000, for which $418,000 has been budgeted. The estimated cost for the Little Island corner buttresses is $40,000, for which $76,000 is :��ay ilable in the budget. 31`Gri %KVl /, .. )lY� f/ �� ►/ �4f�O.�a� -� Benjamin B. Nolan David Harshbarger Public Works Director Marine Director LRD:jd Att. 7 • K] Is -i �D t 54L90,4 / v l-4NZ> I yc a 0 Z A BADe CITY OF NEWPORT BE; 5MIC WORKS OEPARTMEN' Ei4L 4004 ISL4A/0 464f4 Y Me±d O A?ArAw /Q .verse w4 Teffara w4 y 4 D EX /9T. gf/L lE.S�40 ' ' b � ` AAANOW � •-i e 1 DRAWN DM f'�1 /1...'41�'R _ op 0 11 • 0 0eptember 14, 1987 CITY COUNCIL AGENDA ITEM NO. F -19 TO: CITY COUNCIL FROM: Public Works Department and Marine Department SUBJECT: BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (C -2525) RECOMMENDATIONS: DISCUSSION: (3� BY THE Cm COUNCIL COY OF NEWPORT BEACH 1. Approve the plans and specifications 2. Affirm the negative declaration of environmental impact 3. Authorize the City Clerk to 640 i96F. 4. to hear protests concerning revocation of harbor permits, if necessary. The current budget contains an appropriation for the rehabilitation of bulkheads along South Bay Front between Emerald and Park Avenues. Bulkhead panel tie rods have corroded since their pre -1935 installation to the extent that little support is provided for the seawall. This lack of support has led to separation of joints between bulkhead panels, migration of island sand into the •bay, subsidence of the South Bay Front walkway (creating ponding locations), and damage to the seawall coping. Additional background data is included in the attached report dated October 28, 1985. Two alternative methods of providing additional support to the bulkhead were investigated during design. The first alternative would construct a sloping armor rock buttress in front of the bulkhead to approximately 6} feet below the top of coping. The bulkhead joints would then be chemically grouted to halt further sand migration, the coping would be repaired, and the sidewalk would be rebuilt, including a pipe subdrain. This alternative is estimated to cost $350,000. The second alternative would construct a sloping armor rock buttress in front of the bulkhead to approximately 10 feet below the top of coping. In addition, tieback anchors would be installed in holes drilled from the bulkhead into private property under homes. The bulkhead joints would then be grouted, coping repaired, and sidewalk rebuilt with a subdrain.as in the first alternative. The construction of the second alternative is estimated at $1,000,000. Each of the adjacent property owners would need to execute an ease- ment for the tieback anchors. Other alternative methods of providing additional support to the bulkhead were investigated by staff and its consultant, but were dismissed as not being structurally feasible, not being aesthetically pleasing, not being maintenance -free, or a combination of the above. Also, the existing corroded tie rods could not merely be replaced since the piles they anchor to, which are September 14, 1985 Subject: BALBOA ISLAND Page 2 • i BULKHEAD REPAIR NEAR WATERS WAY (C -2525) located within the "active" earth wedge, cannot provide the necessary lateral • support for the coping. Staff made presentations to property owners and harbor permittees who are adjacent to the proposed bulkhead repair on the evenings of April 21 and July 21, 1987, and in detailed letters dated July 7 and 24, 1987. During the meetings, some of the owners and permittees expressed an interest in the second alternative. They felt that the 3J foot lower rock elevation would trap less debris, therefore causing less odor and being less unsightly. Staff explained that the City could not underwrite the additional expense for such an alter- native (estimated at $600,000, or approximately $50,000 per parcel). In order to provide the tieback alternative, the owners would have to provide the cost dif- ferential, plus easements for each parcel so that the anchors could be legally placed and recorded. The owners /permittees expressed little interest in pro- viding the additional construction costs. Also, based upon past experience, there would be virtually no possibility of obtaining voluntary easements from all 11 property owners, so the tieback alternative was deleted from the project. The 11 harbor permittees have been advised that they will be respon- sible for removing, storing and reinstalling their boating facilities (floats and platforms) to allow for the City's construction. Another permittee, with a harbor facility at 1 Collins Island, must also remove his facility in order to •provide access for the City's contractor. Some objection to these requirements has been expressed by harbor permittees; however, most permittees have been understanding and cooperative. One permittee, at 106 South Bay Front, must permanently reorient,, his boating facility so that it will not "ground" during low tide cycles. He has begun processing permits for the relocation, and should obtain all necessary permits prior to the January 5, 1988 start of construction. Staff has also advised the 11 permittees along South Bay Front to make arrangements to replace platform pile, if necessary, prior to the City's rock buttress work. If the pile replacement is done later, it will be substan- tially more difficult and expensive since 1) a crane will be needed to move buttress rock in the vicinity of the pile replacement, and 2) pile jetting will jeopardize the adjacent buttress rock. Float guide piles are not a factor since they are located outside of the rock buttress area; however, if guide piles interferes with the contrac- tors activity, he will remove and replace them as a portion of the contract work at no expense to the permittee. •Contract No. 2525 contains a bid item for removal, transport, storage and reinstallation of floats and platforms at each boating facility. After the contract is awarded, staff will provide these prices to the permit - tees. The permittees will then have a least two weeks to designate whether the City's contractor or someone else will perform the work at their facility. If the City does the work, the permittee would be billed upon removal per the bid item price. If someone else does the work, it must be completed prior to January 5, 1988. If the permittee fails to perform or to designate, staff requests the City Council to hold a public hearing on December 14, 1987 to con- sider revoking their harbor permit so that the floats and platforms can be removed by the City's contractor in a timely manner. The revocation of permit September 14, 1987 0 0 Subject: BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (C -2525) Page 3 and removal of facilities is provided for by Sections 17.24.090 and .100, respectively, of the Newport Beach Municipal Code. The permittees have been • notified of this procedure by letter dated August 10, 1987 (copy attached). The permittees were also advised to begin looking for a site to moor their boats during construction. We estimated a 3 -month construction period beginning on January 5, 1988 (the Tuesday after New Years' weekend) and ending on March 25, 1988 (the Friday before Easter week). The Marine Department was unsuccessful in obtaining alternative mooring sites; however, they did arrange, with the County Harbormaster, sites for storage of floats and platforms removed by the City's contractor during construction. The Tidelands Affairs Committee has been kept abreast of the deve- lopment of the project, and fully supports staff opinions regarding 1) owners' obligations to remove, relocate and reinstall floats and platforms to facilitate the City's construction, 2) revocation of harbor permit whereupon the permittee fails to perform float and platform removal in a timely manner, and 3) sub- sequent removal of harbor facilities by City contractor, if necessary. Because of access limitations along the South Bay Front, staff and the consultant have assumed that materials delivery and construction of the rock buttress will be from a barge. Approximately 1,110 cubic yards of material will be excavated to 16 feet in front of the bulkhead to provide a "key" for the •armor rock (see attached Exhibit "A "), Another 510 cubic yards of material will be excavated from behind the bulkhead to "unload" the bulkhead during construc- tion. Relatively clean sandy excess material may be deposited along the South Bay Front beach easterly of Emerald Avenue. The remainder of the excess material must be disposed of offsite. The contract permits materials and equip- ment storage in the Park Avenue and Emerald Avenue street ends, if needed. The project also specifies rock placement at the two corners of Little Balboa Island at Grand Canal (see attached Drawing Nos. H- 5117 -L and H- 5118 -0. These corners must be buttressed to deter further movement of the seawall. The third corner of Little Island was similarly buttressed approxi- mately two years ago. A Negative Declaration of Environmental Impact has been prepared by staff and approved by the Environmental Affairs Committee. Notices of deter- mination have been filed with the Clerk of the Board of Supervisors and published in the local newspaper. Inasmuch as the work is rehabilitory, the project is excluded from the permit requirements of the Coastal Act. Plans and specifications for the project were prepared by staff and by Cash & Associates Engineers. The estimated construction cost for work at •Waters Way is $350,000, for which $418,000 has been budgeted. The estimated cost for the Little Island corner buttresses is $40,000, for which $76,000 is a ilable in the budget. , ' -- Benjamin B. Nolan David Harshbarger Public Works Director Marine Director LRD:jd Att. • • 4 • 0 sw October 28, 1985 CITY COUNCIL AGENDA ITEM NO. F-3(a) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (C -2525) LIDO ISLE BULKHEAD REPAIR NORTH OF VIA LIDO (C -2526) RECOMMENDATION: Authorize the Mayor and the City Clerk to execute a professional ser- vices agreement with Cash & Associates Engineers. DISCUSSION: Several months ago, the Public Works Engineering staff became increasingly suspect of sidewalk settlements adjacent to City -owned bulkheads around Balboa and Little Balboa Islands. A contractor was hired to perform excavation work such that the structural support systems for the bulkheads could be inspected. The coastal engineering firm of Cash & Associates Engineers was retained to work with City staff and its contractor to inspect the systems, and to prepare a report of the bulkhead investigations. Cash's final report of July 11, 1985 includes field investigations of the six test pits shown on the attached Vicinity Map. In essence, the report recommends repair of the Waters Way bulkhead (approximately 500 feet long, represented by Test Pits Nos. 5 and 6) "as soon as possible," and a more routine repair priority for portions of the bulkhead around Little Balboa Island (represented by Test Pits Nos. 1 through 4). Just prior to receipt of Cash's final report, Engineering staff was called out to review another sidewalk settlement adjacent to the bulkhead along the easterly bridge approach north of Via Lido on Lido Isle. Staff worked with Utilities Department crews to investigate the structural support system, and found generally the same deficiencies listed in Cash's report; namely, (1) long- term rusting of the steel tension rods that connect bulkhead copings to their anchor blocks or piles, (2) anchor blocks or piles which are not located suf- ficiently distant from the bulkheads, and (3) deeper- than - intended dredging of soil ft*%boat slips adjacent to the bulkheads; all of which seem to contribute to eventual cracking and displacement of bulkheads. The firm of Action Geotechnical Consultants, Inc., was retained to provide soil borings, laboratory tests and recommendations (from a soils engi- neering standpoint) for repairs at both sites. Staff has also obtained a propo- sal from Cash to consider the three bulkhead repair alternatives shown on the • • C S 0 0 October 28, 1985 Subject: Balboa Island Bulkhead Repair near Waters Way (C -2525) Lido Isle Bulkhead Repair North of Via Lido (C -2526) Page 2 attached sketch and to provide engineering services for both bulkhead repair sites. Cash's scope of work includes all necessary services except for geotech- nical engineering, drafting of plans, and contract administration. (Drafting and contract administration may be done with City forces.) Compensation to Cash would be per the attached Rate Schedule, with total fee not to exceed $21,220. The current budget contains no appropriation for consultant engi- neering or for construction of bulkhead repairs. It does, however, contain a balance of $48,250 for the raising of sea walls around Balboa and Little Balboa Islands. The Balboa Island Improvement Assocation has requested that the City not raise the bulkhead around Balboa Island, whereas the Little Balboa Island Property Owners Association is actively pursuing a seawall raising around their island. Engineering staff recommends that since the bulkhead repair work should be done prior to any raising of the seawall, funds for the engineering work be provided from the appropriation for raising seawalls (Acct. No. 02- 4197 -302). The funds required to raise the Little Balboa Island bulkhead could then be rebudgeted for construction during FY 1986 -87. Funds to construct the highest priority repairs of the bulkheads, expected to total more than $350,000, will have to be developed upon completion of the final Engineer's estimate. Staff anticipates that this amount may be funded by a combination of transfers from other maintenance appropriations and by appropriations of additional funds into the current budget. A phased program of additional repairs be developed for inclusion in subsequent budgets. 44'v�/ Benjamin B. Nolan Public Works Director LRD:jd Att. J. Iftle L . rl 12 0., m PrOMRIO ----------------- EST PITT ' I - ITEST PIT NO. 5. NO. 4 COLLIN$ I. BALBOA ISLAND NORTH CHANNEL MWMA� 12 12 12 *rCQT PIT / �A C 4 \ : \\ Ll lJLU LITBOA 13 B A I L6 13 OR c11 L 14 rl 15 WENT CL rl J r'�:..,,F1 12"15" I inn 14 13\ 1z-}d I ilT 13 13 3 Is 13 TEST P 13 T TEST PIT T f IT , ;.. .... LNS T PIT 13 _ NO. 3 10- J2 NOL zolR 12 15 13� 12 4 12 12---- 12 43 14 .13 lc>f 13 12 C) 13- J2 ...... 12 12 li- 13 13' - F-e- , R 4.,: TOWER /PF - P.02 12 . 3 . 13 12 13 13 13 '13 13 I3 .13 ...13. 13, 7 10 .. 6 so i. 13 �l 1 17 .... . ... ........... .. I. • Wyk L ER Toe P /LE • TEN. A5 V w BUWAD REPAIR ALTERNATIVES 347 max. r"NS��,y f fLZle rA" F /LE, lY' TOE PILE • ClC.L./nvI _l �`G- PeoPtzrY 61tve.0 TYp. R CA WASSOGASIS ENGINEERS 2599 East 28th Street P.O. Box 38 Long Beach, CA 90801 (2131426 -6145 EXHIBIT B • October, 1984 RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND MATERTKrMUTS- A. Ross Cash P.Iliotl H. 13m)[1c Richal'd L. Smal't Randy H. Mason Wilfrido B. Simbol 1) Automobile: 254 per mile 2) Travel Expense: at Cost 3) Subsistence: While away from home office for more than one day: at Cost, but not to exceed $150.00 per day /per man. 4) Plan Check and Building Permit Fees: at Cost plus 10% markup 5) Telephone charges outside Area Codes 213, 714, 818: at cost + 10$ markup. 6) Third Party Services: at Cost plus 10% markup is a) Charges resulting from Service Bureau computers b) Surveying c) Soils investigation d) Testing laboratory work e) Consultant and subcontract professional fees f) Printing and copy services for bidding and construction documents Payments due under this schedule shall bear interest at the rate of ten percent per annum commencing thirty (30) days after the date of invoice. Terms are Net - Thirty Days. 01 HOURLY OVERTIME SENIOR ENGINEERING CONSULTANT $75.00 $75.00 SUPERVISING PROJECT MANAGER 75.00 75.00 PROJECT MANAGER 65.00 65.00 SENIOR ENGINEER 55.00 55.00 ARCHITECT 55.00 55.00 ENGINEER 52.00 52.00 SENIOR DESIGNER 45.00 54.00 DESIGNER 40.00 48.00 • DRAFTER 37.00 44.00 CLERICAL 25.00 30.00 �- IN -HOUSE COMPUTERS: DRAFTING (CAD) 27.50 -- CALCULATIONS 10.00 -- WORD PROCESSOR 10.00 -- Ln addition, for direct out -of- pocket expenses (if and when they occur) we quote the following: 1) Automobile: 254 per mile 2) Travel Expense: at Cost 3) Subsistence: While away from home office for more than one day: at Cost, but not to exceed $150.00 per day /per man. 4) Plan Check and Building Permit Fees: at Cost plus 10% markup 5) Telephone charges outside Area Codes 213, 714, 818: at cost + 10$ markup. 6) Third Party Services: at Cost plus 10% markup is a) Charges resulting from Service Bureau computers b) Surveying c) Soils investigation d) Testing laboratory work e) Consultant and subcontract professional fees f) Printing and copy services for bidding and construction documents Payments due under this schedule shall bear interest at the rate of ten percent per annum commencing thirty (30) days after the date of invoice. Terms are Net - Thirty Days. 01 • • E CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 9265E-8915 August 10, 1987 Re: Balboa Island Bulkhead Repair near Waters Wa Dear In recent months the City has conducted two meetings with property owners on South Bay Front relative to bulkhead repair on Balboa Island near Waters Way. We have indicated in the meetings that the construction project to repair the bulkhead necessitates the removal of floats and platforms along the bulkhead. The cost of removal and reinstallation of these facilities is to be borne by the harbor permittees. The City Council will be asked to approve the construction project for bid at its September 14, 1987 meeting. The City, through its bid process, will secure cost figures for the removal and reinstallation of platforms and floats on a permit by permit basis. On or about November 1, 1987, you will be notified of the costs for removal, storage and reinstallation as specified in the bid accepted by the City. If you choose to use the City's contractor, he will remove and reinstall your platform and floats and store them for you during construction (approximately three months). Shortly after removal, you will be billed the amount specified in the bid. If, on the other hand, you make an agreement with a contractor of your choice to perform the work, the removals must be completed by January 5, 1988 so that the City's contract work will not be impeded. You would then directly compensate your contractor. • In our November notification you will receive a postcard whereupon you may indicate your choice of contracting. We will ask that the postcards be returned to the City by November 25, 1987. In the event that a response is not received from a 0 3300 Newport Boulevard, Newport Beach • C] • /o Page 2 • • August 10, 1987 permittee, the City may be forced to revoke the harbor permit to insure that the floats and platforms can be removed by the City's contractor in a timely manner. After our contractor places filter fabric and the rock buttress in front of the bulkhead, platform pile replacement will be very difficult and very costly. Therefore, the construction contract provides for a 5- working day period after platform removal for the owner to repair or replace platform pile. You may wish to contact marine contractors soon to ascertain pile replacement or repair needs at your facility, and to contract for the needed work. We anticipate that all work will be completed by March 25, 1988, the Friday prior to Easter Week. We hope the time schedule outlined herein is satisfactory to you, and that you will make needed contracting arrangements in a timely manner. If you have questions concerning this difficult, but necessary project, please feel free to call me at 644 -3044. TM/ jc Sincerely, Tony Melum Tidelands Administrator • • r1 u I 4 a� a o. 3 Z 0 t m 3.4L80.4 I S!_,4N1) that / WC EX18T. 49&/ kAk-40 r0 2E p b� n � I ;•. ~ 6X1lT d ?MOQ rsxl.4 T. I I,�ANCMO�t ° CoflOOto 1 f O+LE CITY OF NEWPORT WORKS BEACH 49A 4 A dd * d 2; - EXHIBIT "A eac & Nma 0 'atAo it , .vssst rv.4raw• #WAY C -2525 I • • f M CHAN PRoAmCT L OC.4T/ON .. ---.4. TYP OM NEW v//eere'e TON MvOiCA! ' Fic rEe RssQ�c -"' a O I- -I I L� 1 � L.T—j I I I I wj I 3 I r I I �'I I 8P TYP /C.4 4 SEC71O1/ 66 - -- 20 /OJ E48T PA%W6weOt —.-.mss. �_...._ PLAN N. W COWNff OC4LLF 1 "°eO /.... OLL pwww Amex Ar AWWWWWWO -. AVAWdWkWMC4/Y /7W MW MdAfA~ aoKY/aCIlYONa �rt �n�o"� °�° c'oNl7ts/CT /ONj /sir 8_.�4PY/I I tlGlMi10r1/ /7� 3..._.doo,QOx. err. oF,�rxar,o►� // AQOCA:r BL/ T 7-RAr ff O / 40AP776/ L✓!°OT 0O40.v49i? OF L / T r4 E BAL 4VV,4 14VZ 6! "t9 DATE waTnNa wa y -.S // 7 -L � • i Ll • _�.... , RAnICG w/C7O /1"O All, N� io � ,oBOJCCT GOGGT /O.t./ veBi�s rD �O' NEW Oaaar>a,¢ I tj N.r•9. I - -� -- ® o /.v : •,' �`�)� Po' /o' rloury ersry f.�cvr II ', • 1.... s1cL woar 6,rrGCC 4E vF ,. • -•"'• II ,IL, /NOGC•Odgl.VCi/►� /T,</ T.VEeTdN61rJQ0 /yes �o /r�lac. PL ,4 /V 9. All[ COVIVeZ I aCX l-AS - =Eby b ?...20CC -,WGGG P.QOb /oAol IB ware Cie "44 - "FCC /AA^"9iZE: G -8* Ls AM" 7WdAl OV W X10 - /00% 4,daa w 7-~,v A" 3•. • 40AEE7X. wr. CW AIVCA -6 /a OY 7V VO .POCLC BU T T rQE BS SOZ17 -Al WES% COQiv0492 OF L /r7*4& BGL4904 /sGLJNO DATE Rte: - DRAWING N0. N -✓� //B G L Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County. California. Number A -6211, dated 29 September, 1961, and A- 24631. dated 11 June. 1963. STATE OF CALIFORNIA County of Orange .d.«"Le ..a M111 IO �C OWmA a14M 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 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 time consecutive weeks to wit the issue(sl of Sept. 17 198 7 198_... 198_ 198_ 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on Sept. 17 198 7 at Costa Mesa, California. Signature -V ) ? PROOF OF PUBLICATION