HomeMy WebLinkAboutC-2662 - Balboa Peninsula Seawall, Island Street to Adams StreetCIT�OF NEWPORT &ACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
September 19, 1989
(714) 644 -3005
Ronald L. Harris Construction
1756 Pueblo Crest
La Habra, CA 90631
subject: Surety: Merchants Bonding Company (Mutual)
Bonds No.: CA111545
Contract No.: C -2662
Project: Balboa Peninsula Seawall - Island to
Adams Street
The City Council of Newport Beach on August 14, 1989 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
August 25, 1989, Reference No. 89- 456167.
Sincerely,(
rene Butler
Assistant City Clerk
IB:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO: EXEMPT RECORDING REQUEST PER*
GOVERNMENT CODE 6103
City Clerk
City of Newport Beach e
3300 Newport Boulevard EXEMPT ?F�,F
Newport Beach, CA 92663 98 i4h
�IB
NOTTCF. OF COI
PUBLIC WORKS
1. c. ;i 1i'
89 °456167
RE%J%1GO FIC1AL RECORDS
OF ORAn LINTY, CAUFORNIA
3:00 AUG 2 5 1989
4 0-RECORDER
1 o All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on May 26, 1989
the Public Works project consisting of Balboa PPninaula Cc^vall _ T-1..+.d t;e —
Adams Street - Contract No. 2662
on which Ronald L. Harris Construction
was the contractor, and Merchants Bonding Company (Mutual) _
was the surety, was completed.
VERIFICATION
I, the undersigned, say:
CITY OF NEWPORT BFACH
blic orke Director
I am the Public Works Director of the City of Newport Beach; the foregoing
Notice of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 24, 1.989 at Newport Beach, California.
A
Public Wbrks Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on August 14, 1989 accepted the above described work as
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 24, 1989 at Newport Beach, California.
i
/ /i/ %i ,i`!Li -
•
•
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is
TO: CITY COUNCIL
FROM: Public Works Department
f
August 14, 1989
CITY COUNCIL AGENDA
ITEM N0. F -11
BY iR' PITY COUNCIL
CITY OFIcWPORT BEACII
AUG 14 1989
_- APPRO :D - - - -.
SUBJECT: ACCEPTANCE OF BALBOA PENINSULA SEAWALL, ISLAND AVENUE TO ADAMS STREET
CONTRACT NO. 2662
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 construction of the subject project has been
completed to the satisfaction of the Public Works Department.
The Bid Price was $191,591.50
Amount of Unit Price Items constructed 199,049.75
Amount of Change Orders 11,118.20
Total Contract Cost $210,167.95
The increase in the amount of the unit price items constructed was due
to the actual length of the wall being longer than shown on the estimate, and
the replacement of approximately 10% more sidewalk.
Two Change Orders were issued. The first, in the mount of $9,846.50,
provided for the replacement of deteriorated street light conduit adjacent to
the new wall. The second, in the amount of $1,271.70, provided for work around
an existing water main, additional utility sleeves at the piers, and additional
brick paving at the Alvarado Street end.
Funds for the project were budgeted in the General Fund, Account No.
02- 4197 -427.
The contractor is Harris Construction of La Habra.
The contract date of completion was June 1, 1989. The work was
completed by May 26, 1989.
Benjamin B. Nolan
Public Works Director
PD:so
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06dpe"ra XA41to"94
303 East Edgewater
Balboa, California 92661
OY TP.7 ,ITY COUNCIL
C111( 'A NEWPORT BEAC12
FEB 13 1989
City Council jUj-jCjj Of crch
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Maqzjg Address ,; , - >
Dora Nell Hedrick
1537 East Harmony Lan-
Pullirton, California
(714) 871.2866
January 22-, 1839
Su'aJ--Ct Ealboa ',-eiainsu"la Se^. ,--.11 - !,-'L-.rd -.'-ve. to ?C.a= -)t.
Derr City "ou--acil;
Do rot- touch i-ni -io-�-Jerty -..-ithout my 1-)ormisollon.
It is icy -,pier, my pro-1-erty and -y utility service lines.
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"Fory
RECEIVED
AN 25 1989
CI ry CLERK
CITY OF
"EwPORT BEACH
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: February 10, 1989
(714) 644 -3005
SUBJECT: Contract No. C -2662
Z - /D - JPy
Description of Contract Balboa Peninsula Seawall Island
Street to Adams Street
Effective date of Contract
February 9, 1989
Authorized by Minute Action, approved on January 23, 1989
Contract with Ronald L. Harris Construction
Address 1756 Pueblo Crest
La Habra, CA 90631
Amount of Contract $191,597.50
, " ` " 4�et
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
V
• : 6;t� ua-
NOTICE 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 -8915
until 11:00 a.m. on the 11th day of Januar_y__, 1988,
at whic te us such bids sha7T be opened and read for
BALBOA PENINSULA SEAWALL ISLAND STREET TO ADAMS STREET
it e o Pro,Iect
WON�
,V
2662
Contract No.
$167,000.00
Engineer's Estimate
..
\�� FOB Vow
n
Approved by the City Council
this 12thday of December ., 1988.
Wanda E. taggio
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 Stephen Luy at 644 -3311.
ro ect Manager
:- r
• • PR 1.1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA PENINSULA SEAWALL
ISLAND STREET TO ADAMS STREET
1988 -89
CONTRACT NO. 2662
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92658 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read the
Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to
furnish all materials and do all the work required to complete this Contract No. 2662 in
accordance with the Plans and Special Provisions, and will take in full payment therefor the
following unit price for the work, complete in place, to wit:
ITEM QUANTITY ITEM-DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@ Ten Thousand ---------------- - - - - -- Dollars
and
No -------------------------------- - Cents $ 10,000.00
Per Lumo Sum
•2. 1 Construct crub inlet per CNB Std. -305 -L
Each
@ Two Thousand and Three Hundred - - -- Dollars
and
No -------------------------------- - Cents $ 2,300.00 $ 2,300.00
Per Each
3. 78 Install 18" storm drain pipe
Lineal Feet
@ Thirty---------------------- - - - - -- Dollars
and
No -------------------------------- - Cents $ 30.00 $ 2,340.00
Per Lineal Foot
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ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 1200 Construct PCC gravity retaining wall
Lineal Feet
@ One Hundred and Three------ - - - - -- -Dollars
and
No-------------------------- - - - - -- Cents $ 103.00 $ 123,600.00
Per Lineal Foot
5. 180 Remove and reconstruct existing brick
Square Feet area
Fifteen-------------------- - - - - -- -Dollars
and
No-------------------------- - - - - -- -Cents $ 15.00 $2,700.00
Per Square Foot
6. 8,850 Construct P.C.C. sidewalk per CNB
Square Feet Std. -180 -L
Four--- ------------------ -- - - - - -- -Dollars
and
Twenty- Five- ---------------- - - - - -- -Dents S 4.25 $ 37,612.50
Per Square foot
7. 440 Install 6" PVC sidewalk drain pipe
Lineal Feet
Twenty- Two----------------- - - - - -- -Dollars
and
No------------------------------- - -Dents $ 9,680.00
Per Ei r neal Foot $ 22.00
8. 7 Install 8" square sidewalk drain inlet
Each
Three Hundred & Twenty Five - - - - -- -Dollars
and
No------------------------------- - -Dents $ 325.00 $ 2,275.00
Per Each
9. 3 Construct PCC pipe anchor
Each
Two Hundred and Fifty------ - - - - -- -Dollars
and
No------------------------- - - - - -- -Lents $ 250.00 $ 750.00
Pe r ac
• 0
PR 1.3
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 20 Construct 6" PCC curb Type B per
Feet CNB Std.- 182 -L.
@ Seventeen ------------------- - - - - -- Dollars
and
No ------------ -------------------- - Cents $ 17.00
Per Foot
TOTAL PRICE WRITTEN IN WORDS
One Hundred Ninety -One Thousand,
Five Hundred Ninety- Seven ---------------------- - - - - -- Dollars
and
Fifty--------------------- ------- --- -- --------- - - - - -- - Cents
January 11, 1989
Date
213 - 694 -3070
Bidder's Telephone Number
Ronald L. Harris Construction
s /Ronald Harri!
thorized Signa
[;
375146 A - B 1756 Pueblo Crest - La Habra
Contractor's License No. & C asst ication Bidder's Address
$340.00
$ 191,597.50
Page 2
INSTRUCTIONS TO BIDDERS
Attached are samples of Certificate of Insurance and Endorsement documents
(pages 12, 13 and 14) which shall be completed and executed by the successful
bidder after he receives a letter of award from the City of Newport Beach.
Since the City of Newport Beach will not permit a substitute format for the
attached Certificate of Insurance and Endorsement documents, bidders are advised
to review their content with insuring and legal agents prior to submission of bid.
The successful bidder shall also supply a payment bond and a faithful
performance bond before a purchase order is issued by the City.
BONDING COMPANIES shall be acceptable as sureties in accordance with the
latest revision of Federal Register Circular 570.
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 issuance of a purchase order.
Bids shall be submitted on the attached PROPOSAL form. The additional copy
of the PROPOSAL form may be retained by the bidder for his records.
The estimated quantities indicated in the PROPOSAL are approximate, and are
given solely to allow the comparison of bid totals.
Bids are to be computed upon the estimated quantities indicated in the
PROPOSAL multiplied by unit price submitted by the bidder. In the event of
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 the
President or Vice- President. For partnerships, the signatures shall be of a
general partner. For sole ownership, the signature shall be of the owner.
In accordance with the California Labor Code (Sections 1770 et seq.), the
Director of Industrial Relations has ascertained the general prevailing rate of
per diem wages in the locality in which the work is to be performed for each
craft, classification, or type of workman or mechanic needed to execute the
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.
375146 A - B
Contr's Lic. No. & Classification_
1/11/89
15ate
ut orize ignature Tit I e
1 •
Page 3
DESIGNATION OF SUBCONTRACTORS
State law and /or City Specifications require the listing of all subcontractors
who will perform work in an amount in excess of one -half of one percent of the
prime contractor's total bid. If a subcontractor is not listed, the prime
contractor will be responsible for performing of that portion of the work.
Substitution of subcontractors shall be made only in accordance with State law
and /or the Standard Specifications for Public Works Construction, as applicable.
The bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that
these subcontractors will be used subject to the approval of the Engineer and in
accordance with the applicable provisions of the City's Specifications.
Subcontract Work Subcontractor Address
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
:.�. VOMM42M .� .�
wner
Aut orized Signature Tit le
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
Page 4
That we, Harris Construction , as bidder,
and Merrhants
and firmly bound
Tan Percent of
lawful money of
be made, we bind
THE CONDITION OF
Bonding Company (Mutual)
unto the City of Newport
the Total Amount Bid
the United States for the
ourselves, jointly and s
THE FOREGOING OBLIGATION
, as Surety, are held
Beach, California, in the sum of
Dollars ($ (10 %) ),
payment of which sum well and truly to
?verally, firmly by these presents.
IS SUCH,
That if the proposal of the above bounden bidder for the construction of
Ralhoa Peninsual Seawall Island Street to Adams Street 2662
Title o Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and if
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
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 obligation under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 10th day
Of Ja,,,,ar.y , 19 -a.
(Attach acknowledgment of
Attorney -in -Fact)
Federico
No ary ub is
Commission Expires: 1n -lg -gn
Harris Construction
Bidder
s Ronald Harris
Authorize Signature Title
Merchants Bonding Company (Mutual)
Surety
BY: Jeffrey R. Gryde
Title: Attorney -in -Fact
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 ap ^ears 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.
Harris Construction
Bidder
s /Ronald Harris, Owner
Authorized Signature /Title
Subscribed and sworn to before me
this Ze z�(_ day of Zed
19 ,
�.
My commission expires:
i
Notary Public
Page 5
nF =1CiAL SEAL
m;l
JEANiE77E A. FEDERICO
o
Nowy Public - -California
ORANGE COUNTY
-✓
My Comm i Oct. 19, 1990
Page 5
0 0
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
Completed For Whom Performed (Detail) Person to Contact Telephone No.
Ronald L. Harris Construction
Bidder
s /Ronald Harris /Owner
Authorize d Signature/Title
r
NOTICE
s -
0
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 Rat in Guide: Pro ert - Casualty.
Coverages shall be prove ed or a YPES OF N URANCE checked on the
CERTIFICATE OF INSURANCE.
All costs associated with the specifications of these contract
documents shall be absorbed in the bid. Such specifications shall
include those contained in (1) each contract document and (2) the
Standard S ec ications for Public Works Construction (latest edition
a opted or use in the City ot Newport Beach), except as supplemented
or modified by the Special Provisions for this project.
Page 7
EXECUTED IN FOUR (4) COUNTERPARTS Page 8
PAYMENT BOND Bond No. CA111545
Premium: Included in the
Perf. Bond
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California,
by motion adopted
January 23, 1989
has awarded to Harris Construction
hereinafter designated as the "Principal ", a contract for
Balboa Peninsula Seawall Island Street to Adams Street (C -2662
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents in the office of the City Clerk of the
City of Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and
the terms thereof require the furnishing of a bond with said contract, providing
that if said Principal or any of his or its subcontractors, shall fail to pay for
any materials, provisions, or other supplies 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 Harris Construction
as Principal, and Merchants Bonding Company (Mutual)
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
One Hundred Ninety One Thousand,
Five Hundred Ninety Seven and - - -50 /100 Dollars ($ 191,597.50 ),
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
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 tob
be done, or for any other work or labor thereon of any kind or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, that the
Surety or Sureties will pay for the same, in an amount not exceeding the sum
specified in the bond, and also, in case suit is brought upon the bond, a
reasonable attorney's fee, to be fixed by the Court as required by the provisions
of Section 3250 of the Civil Code of the State of California.
: •,:,
y
0 0
Page 9
Payment Bond (Continued)
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 to them or their assigns in any suit brought upon 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 _j1 day of January , 1989 .
Harris Construction (Seal)
Name of Contractor (Principal)
Authorized Signaturee and Title
Authorized Signature and Title
Merchants Bonding
Company (Mutual) (Seal)
Name of Surety
P. O. Box 880287
San Diego, CA 92108 - 0006
Address OT Surety ;
5)"t e dqd it title Authorized Agent
Jeffrey R. Gryde, Attorney -in -Fact
Address of Agent
(714) 250 -9129
Telephone No. of Agent
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MERAANTS BONDING COMPANY
MUTUAL —
DES MOINES, IOWA
POWER OF ATTORNEY
Know AN Men By These Presents• that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws
of the State of Iowa. and having Its Principal office In the City of Des Moines, County of Pak, State of Iowa, halh made, constituted and
appointed, and does by these presents make, constitute and appoint
Jeanette A. Federico, and Jeffrey R. Gryde
of Orange and State a California its true and lawful Attorney- A-Fact, with lull power
and autterity, hereby conferred In Its name, place and stead, to sign, execute, acknowledge and deliver M its behalf as surety:
Any and all bonds and undertakings in its normal course of business, provided
no'&e bond or undertaking shall exceed the sum of
Five Hundred Thousand dollars and 00 /100 ($500,000)
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as R such bond or undertaking was
NOW by the duty authorized oftims of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the
authority herein given, are hereby ratified and confirmed.
This Power- ol•Atomey Is made and executed pursuant to and by authority of the following By-Laws adopted W the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual).
ARTICLE 2, SECTION 6A. — The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attomeys•In•Fad, and to authorize them to execute on behalf of to Company, and attach the seal of the
Company thereto, bonds and undertakings, reoognizanae, contracts of indemnity, and other writings obligatory in the nature thereof.
ARTICLE 2, SECTION 68. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as
though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has casedtheso presents to be sinned by is Vice Presidgltiand
Executive Vice President, and is rate seal to be hereto affixed, this day 6 h of July .t�v.A...D'.'. 1913,
Attest: MERCHANTS BOhIpIILI(jty. t&M._Y (Mutual)
BY
-e_
sea. ch.w.m -.-+'�,• • � Pn.Wan
STATE OF IOWA •••,•i••••••
COUNTY OF POLK d,
On" 6th day of JU�y 19 87 . baton me appealed M.J. Lag and
Rodney Bliss III, to me personally known, who being 69 me duly sworn did say that they are Vice President and ExecWve Vice President
respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing kebumant, and that the Seal
affixed to the said Instrument is the Corporate Seal of the $aid Corporation and that the said Instrument was signed and seated In behalf of
said Corporation by authority of its Board of Directors.
M Testkrony Whereof, l have hereunto set my hand and affixed my Otfdel Seal, at the CRY of Des Moines. Iowa the day and yew first
above written.
• ' Ch : Nate Puck. ro+ csr.rx b.•
IOWA i m ant rxn•rY••iwh Eq—
8-4-89
:��r•'•.....:'1rr STATE OF IOWA
•, �Rt A� s COUNTY OF POLK s.
I, M.J. Lag, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby c9 grilwitV above and
foregoing Is a true and owned copy of the POWER OF ATTORNEY, executed b "DING
COMPANY (Mutual). which is still in force elf filled. ,
In Witness Whereof. I have hereunto fill my had and affixed the seal of the Company, at 41$ 4b A'^ =�S
t� 31st days January t9, 89 j° •
!L:'t ' c_
Until Revoked
This power of atlor ey expires •.�j�,• • •„
EXECUTED IN FOUR (4) *NTERPARTS
Page 10
FAITHFUL PERFORMANCE BOND Bond No. CA111545
Premium: $3,874.00
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California,
by motion adopted January 23 1989
has awarded to _ Harris rnnstrurtinn
hereinafter designated as the "Principal% a contract for
Balboa Peninsula Seawall Tsland Ctrppt to Adam ctraat
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents in the office of the City Clerk of the
City of Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and
the terms thereof require the furnishing of a bond for the faithful performance of
said contract;
NOW, THEREFORE, We Harris Construction
as Principal, and Merchants Bonding Company (klutual)
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
One Hundred Ninety One Thousand,
Five Hundred Ninety Seven and - -50 /100 Dollars ($191,597.50 ),
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 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 keep truly and perform the covenants,
conditions, and agreements in the said contract and any alteration thereof made as
therein provided on his or their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of Newport Beach, its
officers and agents, as therein stipulated, then this obligation shall become null
and void; otherwise it shall remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alterations or additions to the terms of the contract
Page 11
Faithful Performance Bond (Continued)
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 of any such change, extension of time, alterations or additions of
the contract or to the work or to the specifications.
In the event that the 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 i 1st day of January , 19 89.
Harris Construction (Seal)
Name of ontractor (Principal)
Authoriz�7e 5ignat' ure and Tit I e
Authorized Signature and Title
Merchants Bonding
Com an (Mutual) 15ea1)
Name o Surety
P. O. Box 880287
San Die o CA 92108 - 0610.6 -
Address OT S—uzrefy-
/TTjqe-aqaZ1t1e of Authorized Agent
Jeffrey R. Gryde, Attorney -in -Fact
Address of Agent
(714) 250 -9129
Telephone No. of Agent
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MERCANTS BONDING COM &Y
- MUTUAL --
DES MOINES, IOWA
POWER OF ATTORNEY
Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws
of the State of Iowa, and having its principal elks in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and
appunted, and does by these presents make, constitute and appoint
Jeanette A. Federico, and Jeffrey R. Gryde
of Orange and State of California cis true and lawful AttomeyAn -Fact, with full power
and authority hereby conferred in he name, place and stead, to so. execute, acknowledge and deliver in its belied as surety:
Any and all bonds and undertakings in its normal course of business, provided
no bne bond or undertaking shall exceed the sum of
Five Hundred Thousand dollars and 00 /100 ($500,000)
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duty authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney. pursuant to the
authority herein given, are hereby ratified and confirmed.
This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual).
ARTICLE 2, SECTION 6A. — The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys- in -Facl, and to authorize them to execute on behalf of the Company, and attach the seal of the
Company thereto, bonds and undertakings, reoognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE 2, SECTION 6B. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to
any Power of Attorney of Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligations of the Company, and such signature and seal when so used shad have the same face and effect as
though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caustag t ese presents to be by its Vice Presidgn,and
Executive Vxxr President, and its corporate seal to be hereto affixed, this day with of July A.D.. 19B y
Attest: MERCHANTS BOryp11WW¢i/f fhtJY (Mutual)
By
_e_
rk. F,.tlC.nn •. –Y�,• • •�.vciilPTghi vnsa.,x
STATE OF IOWA '•••... •..••
COUNTY OF POLK o.
On this 6th day of Jul fig 87 , before me appeared M.J. Long and
Rodney Bliss III, to me personally known, who being bp duly sworn did say that they are Vice President and Executive Vice President
respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the Wregoing instrument, and that the Seal
affixed to the said Instrument is the Corporate Seal of the said Corporation and that the said Instrument was signed and seated in behalf of
said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my, Official Seal, at the City of Des Manes, Iowa the day and year first
above written.
G. BAV •,
• t 7
IOWA c m
••
STATE OF IOWA
COUNTY OF POLK w.
f, M.J. Long, Vbe President of the MERCHANTS BONDING COMPANY (Mutual), do
foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by
COMPANY (Mutual), which is still in force and effect.
In VNtase whered. 1 have hereunto set my hand and affixed the seal of the Company, at
this 31st dayof January 19, 89
This power of atbrney axon Until Revoked
ir
MY c 13pv=
8-4-89
*RTIFICATE OF INSURANCE
I
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
NAME AND ADDRESS OF INSURED
R
LJ
E COMPANIES AFFORDING
A American States
B
C
9
ny E
Page 12
nis 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).
)MPANY
TYPES OF INSURANCE
Policy
Policy
Exp.
LIMITS OF LIABILITY
IN THOUS N S 000
g. ro uc s
:TTER
COVERAGE REQUIRED
No.
Date
Each
Completed
Occurrence
0 erations
A
GENERAL LIABILITY
x Comprehensive Form
x Premises - Operations
X Explosion & Collapse Hazard
C 3668
3 -1
2/14/9
Bodily Injury
Y ur Y
Property Damage
$
$
$
$
x Underground Hazard
x Products /Completed Operations
Bodily Injury
Hazard
x Contractual Insurance
and Property
Damage Combined
$ 1,000
$ 1,000
x Broad Form Property Damage
x Independent Contractors
X Personal Injury
Marine
Personal Injury
1,000,
$ 1,000
Aviation
A
AUTOMOTIVE LIABILITY
❑x Comprehensive Form
CC3030
61
Bodily Injury
Each Person
$
n Owned
2/14/9
$
o y niury
Each Occurrence
n Hired
ProeertX Damage
Non -owned
Bodily Injury and
Property Damage
Combined
$ 1,000
EXCESS LIABILITY
❑ Umbrella Form
Bodily Injury
❑ Other than Umbrella Form
and Property
Damage Combined
$
$
WORKERS' COMPENSATION
Statutor
and
EMPLOYER'S LIABILITY
JkLach
Accident)
)TE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
:NCELLATION: 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.
is Agency: PACIFIC INSURANCE AGENCY
or z d ReprE60tative
ate: California % Telephone: (714) 250 -4120
?scription of operations /locations /vehicles: All operations performed for the City of Newport
each by or on behalf of the named insured in connection with the following designated contract:
Balboa Peninsula Seawall Island Street to Adams Street (C -2662)
e
um er
)TICE: This certificate or verification of nsurance is not an insurance po i.cy and does not
amend, extend or alter the coverage afforded by the policies listed herein. 'Notwith-
standing any requirement, term, or condition'of any contract or other document with
respect to which this certificate oh 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.
. • Page 13
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
a
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
(XX) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
$ each occurrence
$ each occurrence
$ 11000,000 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 Peninlll Island Street to Adams Street (C -2662)
(Pro ect t e and Contract o. .
This endorsement is effective 1/30/89 at 12:01 A.M. and forms a part of
Policy No. CC3030761
Named Insured Ronald L. Harris ,f�ndorsement No. TBD
Name of Insurance Compapy_American States
ve
• 0 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 hold harmless provision con-
tained in the written contract, designated below, between the named insured and the
City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU "hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured named in
paragraph I of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit, whichever is indicated by the letter X in the appropriate box.
( ) Multiple Limits
Bodily Injury Liability
Property Damage Liability
(X1 Single Limit
H
each occurrence
$ each occurrence
Bodily Injury Liability $ 1.000_o00 each occurrence
and
Property Damage Liability
Combined
The applicable limit of the Insurance Company's liability for the insurance afforded
for contractual liability shall be reduced by any amount paid as damages under this
endorsement in behalf of the additional insureds.
The limits of liability as stated in this endorsement shall not increase the total
liability of the Insurance Company for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as applicable to Comprehen-
sive General Liability Insurance.
6. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department
7. Designated Contract: Balboa
Project t e an Contract No.
s
This endorsement is effective 1/30/89 at 12:01 A.M. and forms a part of
Policy No. CC3668431
Named Insured Ronald L. Harris Endorsement No. TBD
Name of Insurance Company American States By�
0
0
Page 15
CONTRACT
THIS AGREEMENT, entered into thi$d day of 19
by and between the CITY OF NEWPORT BEACH Xreinafter "City," and
_No hereinafter "Contractor," is made with reference
to the ollowing acts:
(a) City has heretofore advertised for bids for the following described
public work:
Balboa Peninsula Seawall Island Street toAdamc et re -
T tt e o Project ontract No.
(b) Contractor has determined by City to be the lowest responsible
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 specifi-
cations 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 Peninsula Seawall Island Street to Adams Street C -2662
Title of Project Contract No.
which project is more fully described in the contract documnts. 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 One Hundred and
Ninety One Thousand Five Hundred Ninety Seven and 50/100 - - - -- {$191,597.50
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
obstructions 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 incor-
porated herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instructions to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsement(s)
Page 16
(f) Plans and Special Provisions for
e
(g) This Contract.
4. Contractor shall assume the defense of, and indemnity and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximately caused by the sole
negligence of City or its officers, employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed the day and year first above written.
CITY OF NEWPORT BEACH
i ���
ay
ATTEST:
CITY
Ce os-r -a " #-✓ ae v o c o ntra„ t e
Prin'fi pal
Aut orTi izedsigna ure an Tie
Authorized Signature and Title
M,f, ,1
1!.I,
CITY
Ce os-r -a " #-✓ ae v o c o ntra„ t e
Prin'fi pal
Aut orTi izedsigna ure an Tie
Authorized Signature and Title
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
SPECIAL PROVISIONS
FOR
BALBOA PENINSULA SEAWALL
ISLAND STREET TO ADAMS STREET
1988 -89
CONTRACT NO. 2662
SECTION
PAGE
I.
SCOPE OF WORK . . . . . . . . . . . . . . .
. . 1
II.
CLASSIFICATION OF CONTRACTOR'S LICENSE . .
. . 1
III.
AWARD AND EXECUTION OF CONTRACT. . . . . .
. . 1
IV.
TIME OF COMPLETION AND WORK SCHEDULE . . .
. . 1
V.
PAYMENT . . . . . . . . . . . . . . . . . .
. . 2
VI.
CONSTRUCTION SURVEY STAKING. . . . . . . .
. . 2
VII.
WATER . . . . . . . . . . . . . . . . . . .
. . 2
VIII.
SURFACE AND GROUNDWATER CONTROL. . . . . .
. . 2
IX.
STORM DRAIN . . . . . . . . . . . . . . . .
. . 2
A. Materials. . . . . . . . . . .
. . 2
B. A.C.P. Installation. . . . . . . . . .
. . 2
X.
UTILITIES . . . . . . . . . . . . . . . . .
. . 3
XI.
SLUICE GATE . . . . . . . . . . . . . . . .
. . 3
XII.
BRICK AREA . . . . . . . . . . . . . . . .
. . 3
XIII.
PRIVATE PIERS . . . . . . . . . . . . . . .
. . 3
• SP1of 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
BALBOA PENINSULA SEAWALL
ISLAND STREET TO ADAMS STREET
CONTRACT NO. 2662
I. SCOPE OF WORK
The work to be done under this contract consists of construction of
sidewalk, roadway, gravity retaining wall, curb and gutter, storm drains,
and curb inlets. All work necessary for the completion of this contract
shall be done in accordance with (1) these Special Provisions, (2) the Plans
(Drawing No. H- 5123 -S), (3) the City's Standard S ecia1 Provisions and
Standard Draw in s for Public Works Construction, 988 Edition, and (4) the
Standard pec1 cations for Public Works Construction, 1988 Edition. Copies
of the Standard Specifications may be purchased from Building News, Inc.,
3055 Overland Avenue, Los Angeles, California 90034, telephone (213)
870 -9871. Copies of the Standard Special Provisions and Standard Drawings
may be purchased at the Engineer's office for $5 each.
II. CLASSIFICATION OF CONTRACTOR'S LICENSE
At the time of the award, the Contractor shall possess a General Engineering
Contractor 'A' License or a Concrete Speciality Contractor C -8 License.
III. AWARD AND EXECUTION OF THE CONTRACT
The bidder's attention is directed to the provisions of Section 2 -1 of the
Standard Special Provisions for requirements and conditions concerning award
anTexecution o the contract.
IV. TIME OF COMPLETION AND WORK SCHEDULE
The Contractor shall complete all work within sixty (60) consecutive
calendar days after commencing work, but no later than June 1, 1989.
No work shall begin until a schedule of work has been approved by the
Engineer.
V. PAYMENT
SP 2 of 3
The unit or lump sum price bid 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 addi-
tional allowance will be made therefor.
Payment for incidental items of work not separately provided for in the pro-
posal shall be included in the unit price bid for each item of work.
Partial payments for Bid Item No. 1 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.
VI. CONSTRUCTION SURVEY STAKING
Field staking for control of construction will be provided by the Engineer.
VII. WATER
If the Contractor desires to use City's water, he 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 the Contractor, less
a quantity charge for water usage.
VIII. SURFACE AND GROUNDWATER CONTROL
Groundwater will be encountered in the project area. The Contractor will be
responsible for providing, installing, maintaining and operating a dewatering
system in the project area. Groundwater or surface runoff water containing
mud, silt or other deleterious material due to the construction of this
project shall be treated by filtration or retention in settling basin(s)
sufficient to present such material from migrating into the bay.
XI. STORM DRAIN
A. Materials
The Contractor shall use asbestos cement pipe materials.
B. A.C.P. Installation
A.C.P. laying shall be performed in accordance with the recommendations
of the manufacturer. Care shall be used to prevent damage in handling,
moving, and placing the pipe. It shall not be dropped, dragged, nor
handled in such a manner as to cause scratches, bruises, cracks, or
chips.
Power driven saws with abrasive discs shall not be used for dry cutting
or beveling asbestos cement pipe. Asbestos cement chips and cuttings
from the field operations shall be disposed of in a manner that will not
contribute airborne asbestos dust to the atmosphere.
n
U
0 SP 3 of 3
Loose material shall never be dry swept. Water or other dust
suppressants shall be applied in those circumstances where sweeping is
unavoidable.
X. UTILITIES
During construction City forces will replace existing street light conduit
and wiring where necessary. The Contractor shall cooperate with City forces
and allow sufficient time for the replacement of any wiring and conduit.
Most piers are served with water, power and /or telephone from the adjacent
residence. The Contractor shall be responsible for capping or disconnecting
such services at the property line prior to excavating for the seawall.
The Contractor shall install a 3" PVC sleeve through the seawall to allow the
property owner to reinstall his utilities. The Contractor shall provide a
temporary cap or plug for the 3" sleeve to prevent the migration of materials
from behind the seawall into the bay.
The Contractor shall be responsible for any damages to private or public
utilities resulting from his operations.
XI. SLUICE GATE
Installation of the sluice gate shall be performed by City forces and require
approximately three working days. The Contractor shall not construct any
portion of the curb inlet in such a manner as to limit installation or
removal of the entire sluice gate assembly by City forces.
XII. BRICK AREA
The Contractor shall remove and salvage the existing bricks and benches at
Alvarado street end. The Contractor shall construct a 4" thick p.c.c. slab,
using class 520 -C -2500 concrete, and mortar and grout the salvaged brick in
place to join the new adjacent sidewalk. The Contractor shall then reinstall
the salvaged benches at their former locations in the brick area.
XIII. PRIVATE PIERS
The Contractor shall remove only that portion of private piers which protrude
into the proposed seawall, plus one inch. This will allow sufficient room
for the Contractor to install forms and allow the property owner to properly
reconnect the pier. Removals shall be done in a neat workman like manner
with clean, straight sawcuts and no splintering.
Prior to pier removal, the Contractor shall install a firm temporary brace
for the unsupported end of the pier. The brace shall be capable of
withstanding tidal action, wave action and foot traffic until that time when
the pier owner may reconnect his pier to the seawall.
The Contractor shall remove only those sections of pier that may be returned
to the property owner for reconnection in fourteen (14) calendar days.
January 5, 1989
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO.1
BALBOA PENINSULA SEAWALL
ISLAND STREET TO ADAMS STREET
CONTRACT NO. 2662
Bidders shall propose to complete Contract No. 2662 in accordance
with the Proposal as modified by this Addendum:
1. PROPOSAL
Revise the description of Item 3 to read: "Install 12" Storm
Drain Pipe."
2. SPECIAL PROVISIONS
Revise Section IV, TIME OF COMPLETION AND WORK SCHEDULE to
read:
"The contractor shall complete all work within ninety (90)
consecutive calendar days after commencing work, but no later
than June 1, 1989."
Revise Section XIII, PRIVATE PIERS to read:
"The Contractor shall remove only that portion of the private
piers which protrude into the proposed seawall, plus six
inches."
Please si _ and date this ADDENDUM, and attach it to your bid
Proposal. No bid will be considered unless this ADDENDUM is
attached.
J
Steph n Luy
Project Engineer
/`O uJ/%L C. 4. X/a Q0,,
BIDDER
SIGNATURE
Date
2
I I.-.,
•
•
TO: CITY COUNCIL
FROM: Public Works Department
r 3�)
44anuary 23, 1989
CITY COUNCIL AGENDA
CY TP- •ify COUNQUM NO. F -3(a)
CITY 71 fiELWPORT BEACf
JAN 2 3 1989
SUBJECT: BALBOA PENINSULA SEAWALL, ISLAND AVENUE TO ADAMS STREET
CONTRACT NO. 2662
RECOMMENDATION:
Award Contract No. 2662 to Harris Construction for the total bid price
of $191,597.50 and authorize the Mayor and the City Clerk to execute
the contract.
DISCUSSION:
At 11:00 a.m. on January 11, 1989, the City Clerk opened and read the
following bids for this project:
The low total price bid is 15% above the Engineer's estimate of
$167,000.00.
Harris Construction, the low bidder, has not performed previous
contract work for the City. However, a check with their experience references
and the State Contractors' License Board has shown that Harris Construction has
successfully completed projects of a similar nature for other Southern
California agencies and has no pending actions detrimental to their cont;ractor's
license.
Funds are available in the appropriation for Balboa Peninsula Coping
Improvement, Account No. 02- 4197 -457.
The Contract provides for the construction of a gravity retaining wall
and a sidewalk with sub - drains at locations shown on the attached Exhibit A. A
catch basin and storm drain discharge pipe will also be constructed at the end
of Alvarado Street.
BIDDER
TOTAL BID PRICE
Low
Harris Construction
$191,597.50
2
S.S.C. Construction
211,036.00
3
Ken Thompson
216,102.50
4
George Dakovich & Son
234,100.00
5
Wilson Equipment Rental
261,099.80
6
G.B. Cooke Inc.
273,008.00
7
Nobest Inc.
274,074.50
8
John L. Meek Construction
289,252.00
9
Pentaco Inc. & A.M. Galbreath
450,664.00
10
Silveri & LeBouff
492,939.99
The low total price bid is 15% above the Engineer's estimate of
$167,000.00.
Harris Construction, the low bidder, has not performed previous
contract work for the City. However, a check with their experience references
and the State Contractors' License Board has shown that Harris Construction has
successfully completed projects of a similar nature for other Southern
California agencies and has no pending actions detrimental to their cont;ractor's
license.
Funds are available in the appropriation for Balboa Peninsula Coping
Improvement, Account No. 02- 4197 -457.
The Contract provides for the construction of a gravity retaining wall
and a sidewalk with sub - drains at locations shown on the attached Exhibit A. A
catch basin and storm drain discharge pipe will also be constructed at the end
of Alvarado Street.
0
Subject: Balboa Peninsula Seawall, Island Street to Adams
January 23, 1989
Page 2
•
Street (C -2662)
The work will reduce flooding of the adjacent properties and street
ends during high tides, and will facilitate drainage during storms.
On July 12, 1988, the California Coastal Commission granted a permit
for the subject project. A public meeting was held on October 11, 1988, at the
Balboa Branch of the Public Library to allow those property owners adjacent to
the subject project to express their concerns. Staff has made minor changes in
the plans that have satisfied the concerns of the property owners. Staff has
requested one property owner, Mr. Stacy Dobrzensky, to relocate his pier to
allow for the stabilization of the beach adjacent to the seawall. Mr.
Dobrzensky has agreed to relocate the pier. The Harbor Permit for the pier
relocation was approved at the December 12, 1988, Council meeting.
The plans and specifications were prepared by the Public Works
Department. All work should be completed by June 1, 1989.
Benjamin B. Nolan
Public Works Director
SL: so
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—PROJECT LOCATION
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA PENINSULA SEAWALL
ISLAND ST TO ADAMS ST
3 C -2662
at`, E I I
DRAWING N0. EXHIBIT A
•
TO: CITY COUNCIL
FROM: Public Works Department
4anuary 23, 1989
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
SUBJECT: CORRESPONDENCE FROM DORA NELL HEDRICK CONCERNING BALBOA PENINSULA
SEAWALL - ISLAND AVENUE TO ADAMS STREET (C -2662)
The purpose of this communication is to document the City's position
with regard to private pier installations located within the public right -of -way
or on City tidelands which interfere with City construction projects, especially
the proposed Balboa Peninsula seawall along Edgewater Avenue. This seawall
project is part of the City's on -going program to protect low lying areas from
tidal flooding by establishing bulkheads and seawalls at a minimum elevation of
+9 MLLW datum.
There are approximately 20 private piers within the limits of
construction on the project. In order for the contractor to build the seawall
• and new sidewalk, he must first disconnect all utility services to these piers
and remove the interfering conduits and conductors within the sidewalk area. He
must also cut -off the landward ends of all piers to the extent that they
interfere with construction of the seawall. He is then required to establish
temporary supports for the cut -off ends of the piers.
The City's contractor will excavate, form and place concrete for the
seawall. He is to embed 3 -inch diameter sleeves through the wall adjacent to
private piers so that utility services may be re- established either before or
after the City's contractor forms and places the new sidewalk. The landward
ends of the cut piers could be permanently resupported upon the seawall after
the forms are removed.
Dora Nell Hedrick, owner of Edgewater Apartments adjacent to the
proposed seawall, has written to the City to protest the project. Ms Hedrick
owns one of the piers which will be disconnected, cut -off and temporarily
supported by the City's contractor. She protests the City's practice of
requiring property owners to re- establish any desired private harbor
improvements subsequent to the City's construction. Her letter refers to
statements included in the attached letter that staff recently mailed to pier
permittees.
• The requirement that the pier owners be responsible for restoring the
pier ends and the private utilities to the piers is based on the opinion that
(1) pier owners occupy the public tidelands under the conditions of a harbor
permit, and (2) harbor permits allow owners to construct private facilities for
the permittees' sole use, and therefore (3) the public should not be subjected
to additional expenses in order to accommodate these facilities. The Tidelands
Affairs Committee was previously consulted and supports this position.
V
•
•
Subject: Dora Nell
January 23, 1989
Page 2
Heck's letter •
It has been City practice to require pier permittees to bear the expense
of re- establishing their facilities subsequent to the City's construction.
Examples of this practice are (1) the rehabilitation of the Balboa Island
seawall in the 100 block of South Bay Front, where pier permittees replaced
their entire pier and utilities, and (2) the raising of the Little Balboa Island
seawall, where permittees replaced their handrailings and certain other pier
members subsequent to the City's construction. Both projects were performed
during 1988.
Staff has responded to Ms Hedrick's letter (copy attached).
_ ,40 ?4�4
n amen 8. Nolan
Public Works Director
LD:so
Attachments
Dam Harshbarger
Marine Director
S•
• February 13, 1989
Ms Dora Nell Hedrick
1537 East Harmony Lane
Fullerton, CA 92631
Subject: Balboa Peninsula Seawall - Island Avenue to Adams Street
Dear Ms Hedrick,
This letter is written in response to your January 10, 1989, telephone
conversation with me and letter to Steve Luy, Project Engineer.
This seawall is being built as part of the City's program to protect low -lying
areas from tidal flooding. New bulkheads and seawalls are being established at
a minimum elevation of +9 MLLW datum, which is approximately 1 -1/2 feet above
the sidewalk in front of your property.
Toward that end, the City Council budgeted funds during FY 1987 -88 for a
• preliminary study, and budgeted funds this year for construction of the wall in
question. Once after the wall is built, City forces will no longer need to
sandbag the area during times of higher high tides or storms, as they have had
to do so many occasions in the past.
The requirement that pier owners are responsible for restoring their piers and
utilities thereto is based upon the opinion that (1) pier owners occupy the
public tidelands under the conditions of a Harbor Permit, and (2) Harbor Permits
allow owners to construct private facilities for the permittees' sole use, and
therefore (3) the public should not be subject to additional expenses in order
to accommodate these facilities.
It has been City practice to require pier permittees to bear the expense of
restoring handrailings, other members, utilities and even entire piers
subsequent to the City's construction. Two such projects involving
approximately 50 pier permittees were performed during 1988.
Your letter has been placed on the laity Council's agenda of January 23, 1989.
You may also appear before the City Council at that meeting, if you desire to do
SO.
• Very truly yours,
A
Lloyd Adlton
DesigK Engineer
LD:so
TOY Me] Um
Tidelands Administrator
N
•
•
•
• AngAddress
5 X404 Dora Neil Hedrick
_7 1 ony Lane
303 East Edgewater 9a
Balboa, California 92661 (914) 8
9 RECEIVED
PUBLIC 1k'URKS
Stephen Luy - Project Engineer 1,
Associate Civil Engineer c"
Public Works Department �u
City of Pdewport Beach �
Subject: Balboa Fenirsula Seawall - Island Avenue to Adams St,
Dear `r. Lu-y-;
I want to register my complaints pertaining to the proposed
cement seawall that would produce a barrier between my two
lots and create a dangerous obstacle course for my invalid,
crippled, energetic athletic younger tenants and my family.
#1 I do not want the seawall'
I have owned the property at 303 E. Edgewater Ave. for 26
years. In no way do I feel threatened by the higher tides
as measured to the 1983 January e.:ample of 10 inches above normal.
#2 All utilities are
and not restored by th
practice. Why are we
and telephone services
#3 A statement was ma
utilities on the pier
them at our own expens
the restoration can no
to be severed at ry residence lot line
e Contractor. This is a very unfair
to be deprived of water, electricity
on the piers?
de to the effect that if we ;ranted
in the future, we would have to provide
s u That permits are required and that
tbe provided by the property owner.
#4 As stated in the letter of Sepember 30, 19 83, we have
been mislead as to the costs involved because of the state-
ment that I quote here: "All work is to be done at no
direct cost to the adjacent property osmer ".
#5 I would consider that it appears the City of Newport
Beach does not want to leave the property restored after
their destruction has taken glace. It has been proposed
that they walk away, leaving us in the lurch deceived and
disadvantaged, wanting and waitinG, for a completed job,
' =lliat f9.irr_ess proposal is this that instead we are saddled
with an incomplete construction job?
#6 May are we required to complete the job of restoring
our property to the former state of performance we have
become accustomed to over the mast several years? ',Je are
threatened with the withdra;ral of all utilities from our
piers and docks and no reinstate ~Lent of the services by
3
said contractor recoivin:� the bid for the job. We are
required to obtain buildir.F permits from Newport -'each
Building Department and hire our own contractors; ;mater,
Gus, electrical and telephone in order to return to normal.
Why are vie being penalized?
• #7 euotQ "The Contractor may at his discretion also
provide quotations and contract directly with pier per -
mittees and property oirners wino desire personal work upon
their pier or upon the seawall directly adjacent to their
property respectively:" You are stating again that this
Is a "joint venture" with the property owners whereas money
is required to change hands inorder to obtain a completed
project by the deadline date of June 1, 19 89. shy is it
proposed at this late date that we will be sharin3 costs
with the City of Newport Dea.ch? The statement wras sprung
on us, the property owners, January 7, 1909 - 4 days before
the bids are to be opened for the job. 3 want to request a
postponement of the date of January 11, 19 39 for the opening
of bids to prospective Contractors.
#S quote: "The City's work is beinG done in response to
many requests of residents in the area and in the interest
of health, welfare and safety of the General public."
Whet does "health" mean. as used here? The r:eneral public
will not be involved with hurdling over thevseawrall blockade
is as my tenants and family would be required to do. Who pays
the injury costs and hospitalization costs involved with
this obstacle course?
#9 I'm very concerned with my tenants beinG injured by
the unsupported pier ending that will be cut off 6 Inches
from the cement wall and left abc.ndoned in that fashion
for us to repair and restore at a later cLnte. ..cote: "',e
will ?:rovide ter orary nupp ^rt fcr the cut or su:norted
end of piers during construction; however, upon completion
of t::is work, pier permittees must re- establish permanent
pier support." And who is responsible for this accident
hazard and unsafe cindition in the n.oantirao?
X10 ':l:, at :.re ti?ese "inc'Lrect costs" :.nd "under tl.e table
payc,ents" that are inferred in these letters?
Al, I too am very concerned about wr .t the seawall would
look like, but that concern is diwarfod in comparison to all
these other listed concerns and facts.
#12 During this 26 year period, we have removed alot of
• sand from the sidewalk with a broom, as required by the
City Ordinance. If you build t,e blockade, for resoval of
sand the labor out put is greatly increased. The swimmer's
wet feet will lose alot of sand ouch tine tl;e,, Jump down
from the steps and wrall.
-3- 0
Y13 quote: "If you have any questions co;:ccr:ing the
proposed seawall or the rifect it will have u,-)on your
property -)lease be sure �o at the Octcber 3.1 th
meeting." ? ;y representative attended the Oct. 11 th
meotin; for me at the library and informed e that details
• e;ould be available in icrch portainin; to V,o jro_�osed seawall.
114 If you proceed with bids on the ,ro3,osod wawa -ll before
you are fully informed and rci -inded of necessary considera-
tions, statements, firm policies and project requirer:;ents,
you will be lax, in your responsibility to all property owners.
Your bids are coming in on incomplete evaluations.
#15 I sent my representative to attend the meeting that
evening in my absence. As another statement I quote here
from your letter of January 6, 198'9, you are positioning me
to be ineliwible for r1romised embellish::ents to the seawall
as, note: The Contractor will provide steps, fence posts,
blockouts, and other features in the seawall as requested
those at the October 11, 19 ° meeting." .thy would I be
scriminatea against ror non a
#16 I do not want my block wall and wrought iron fencing
severed, destroyed or interferred irith on the residence lot side.
#17 If there were a sea;;all out front of our -oroporty, it
• would create a nuisance factor inviting unwanted noise from
strangers sitting atop same and talking into the ;Tee hours
of the morninG.
'#18 I will state that my lots are nct sufferia damage from
salt water of the high tides. The float on the vier is another
matter and you are not taking responsibility for the float
rising off the pilings and not settling back accurately, to
avoid sustaining damage.
;119 What makes anyone figure that the utility lines will
last forever and not deteriorate t• ;ith time - exposed to the
chemical -reactions of environment, salt ,eater, cement, wire
coatin -s, etc? Hour could they ever be replaced if they are
sealed aormanently with, a non - shrink comentitious grout as
proposed to seal the sleeves installed under tl,e sidewalk?
#20 I T .y vacationing tenants are vulnerable to having• beach
access subtracted during ti,eir stay and not only are they
high paying renters, but they are also nayin; tiro City of
Pdewport each a 9% bed tar.. The first date Per them is
•
May 26th for the i;e orial Day weekend. Therefore the com-
pletion date of June 1, 1989 is unsatisfactory in our case.
Thank you for pausing lone; enough to consider these points
as presented in my letter. I am sending codes of this
letter to my neighbors besides those listed on the .letter.
W
4 0
Yours truly
Dora 'Fell Hedrick
303dewater Avenue
Balboa, California
92661
714 871 -2866
cc: City M.-nager
marine Department: Tidelands Administrator
City Council - .�iewport :each
Central Newport Beach Co?,Irnunity Association
•
•
rm
January 6, 1989
L
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PO. BOX 1769, NEWPORT BEACH, CA 92659 -9915
(714) 644 -3311
Subject: Balboa Peninsula Seawall - Island Avenue to Adams Street
Dear Pier Permittee and /or Resident;
This letter is intended to bring you up -to -date regarding the construction of
the Edgewater seawall, which was described in our public meeting of October 11,
1988. (See attached letter and Exhibit "A ").
Bids for construction of the wall will be opened on January 11th. Barring
unforeseen circumstances, the City Council will award the contract to the lowest
responsible bidder on January 23, 1989. The Contractor would then have until
June 1, 1989, to complete the project.
• The contract consists of seawall construction and reconstruction of the public
sidewalk, including subdrains, plus work at certain street ends. The intent of
the contract is to protect public and private property against the flooding
which occurs during our higher high tide cycles.
The Contractor must perform the work in stages in order to 1) minimize the overall
duration of work adjacent to each pier or residence, and 2) minimize
construction costs. We cannot foretell when work may be performed adjacent to
your pier or residence; however, you will be able to observe his daily progress
and to talk to our inspector or the Contractor on site if information is needed.
The Contractor will begin each stage of work by removing the existing sidewalk,
curb and any encroachments which may interfere with construction. He will then
disconnect power and telephone conductors and cut and cap water and gas conduits
to the piers. The disconnects and cuts will be made along the edge of sidewalk
adjacent to the residence. The seawalls will then be formed and placed,
including a 3 -inch diameter sleeve through the wall at each pier. After the
forms are stripped, the sidewalk would then be formed and placed.
After the City's work is completed, the 3 -inch diameter seawall sleeves may be
• used by pier permittees to re -route power, telephone, water and gas services to
their piers. The permittee will be responsible for reconnecting his services at
the edge of the sidewalk, and for re- routing the services under the sidewalk
through the sleeves and onto the piers as desired. Water or power reconnections
will require permits from the City's Building Department. The permittees must
also fill the sleeves with a non - shrink cementitious grout after the services
have been re- established to the pier.
3300 Newport Boulevard, Newport Beach
Page 2 • .
If an existing pier interferes with seawall construction, the Contractor will
• neatly cut off the pier to within 6- inches of the pier side of the new seawall.
He must do so in order to install and to remove seawall forms. He will provide
temporary support for the cut or supported end of piers during construction;
however, upon completion of this work, pier permittees must re- establish
permanent pier support. The permittee will be allowed to attach his end of pier
to the new seawall, if desired.
•
•
The Contractor must also remove all brickwork, ornamental and chain link
fencing, etc. which will interfere with his work. Salvageable
brickwork,fencing, etc. which has been removed will be placed upon the adjacent
residential lot for reuse or disposal by the owner.
The Contractor will provide steps, fence posts blockouts, and other features in
the seawall as requested by those at the October 11th meeting. He may, at his
discretion, also provide quotations and contract directly with pier permittees
and property owners who desire personal work upon their pier or upon the seawall
directly adjacent to their property, respectively.
The City's work is being done in response to the many requests of residents in
the area and in the interest of health, welfare and safety of the general
public. If you have questions at this time, please contact either of the
undersigned at your convenience. Your cooperation toward the successful
completion of this project will be appreciated.
Very truly yours,
teve Luy
Project Manager
(714) 644 -3311
LD:so
cc: City Manager
Marine Department
Central Newport Beach
Tony Me
T m
Tidelan s Administrator
(714) 644 -3044
Community Association
/z
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•
/3
0
CITY OF NEWPORT BEACH
September 30, 1988
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714)644 -3311
Subject: Balboa Peninsula Seawall Construction (C -2662)
Dear Property Owner:
The City has recently obtained a permit from the California Coastal Commission
for the construction of a seawall adjacent to the sidewalk in front of your
home. The purpose of this proposed project is to minimize damage caused by
flooding of public and private property during extreme high tides and /or storm
activity. The locations of the proposed seawall are indicated on Exhibit "A"
shown on the reverse side of this sheet.
A public meeting will be held to discuss the seawall at 7 p.m. on October 11,
1988 at the Balboa Branch of the Public Library, 100 E. Balboa Boulevard.
Cross sections of the proposed seawall are also shown on the reverse side. The
seawall is designed to minimize the flooding problem without limiting access to
piers and the beach.
This work is being done in response to the requests of property owners in the
area and in the interest of health, welfare and safety of the general public.
All work is to be done at no direct cost to the adjacent property owner.
If you have any questions concerning the proposed seawall or the affect it will
have upon your property, please be sure to attend the October 11 meeting. Your
cooperation toward the successful completion of this project will be
appreciated.
Very truly yours,
Stephen Luy
Project Engineer
SL:dw
3300 Newport Boulevard, Newport Beach
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SEAWALL CROSS - SECTION SEAWALL CROSS - SECTION
AT PIER ENTRANCE AT STREET END
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PROJECT LOCATION
CITY OF NEWPORT BEACH DRAWN Aw DATE Q-29-RR
PUBLIC WORKS DEPARTMENT APPROVED
BALBOA PENINSULA SEAWALL
rv�u�,� nAl
�dgeu�ate� �jli�nestta
303 East Edgewater
Balboa, California 92661
"RECENED ,AFTER AOM
PRINTED:" 3 C-eL )
Stephen Luy - Project Enineer
Associate Civil En,,,ineer
Public Works Department
City of Newport Deach
Ma I Address
Dor 11 Hedrick
1637 East Harmony Lane
Fullerton, California
(714) 871.2866
January 19, 1989
Subject: Balboa Peninsula Seawall - Island Avenue to Adams St.
Dear Hr. Luy;
Thank you for the reply to my letter of January loth
through Lloyd Dalton's letter of the 13th
I'm needing to bring; to everyones' attention that our
area of Balboa is unique to other areas because we all
own a beach lot fror._ Adams Street to Alvarado Ave. We
therefore own the lot the pier is built upon. You
stated in your letter the fact you could not restore
utilities on public tidelands under the conditions of a
Haber Permit; (1) pier owners occupy the public tide-
lands under the conditions of a Harbor Permit, and (2)
Harbor Permits allo @r owners to construct private facilities
for the permittees' sole use, and therefore (3) the public
should not be subject to additional expenses in order to
accommodate these facilities.
Ealboa Island was ofTerating under different rules because
of the public lots the piers were built upon. In our
circumstances you are trespassing on private property,
severing our utility services, leaving the job before
restoration has been completed to the pier boards, posts
and all utility lines and pipes. These are infrin;;ements
on our property rights since we orm the lot the pier is
built upon.
Very truly v urs, R O
, V " 1
Dora Ne 1 Hedrick Os
303 E. Edgee;ater ^.venue
Balboa, California 92661
714 871 -2866
cc: City Planar-er, Biarine Department: Tidelands Administ,
City Council - i'e-,;port Beach, Central Ilerrport leach
Community Association
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February 13, 1989
Ms Dora Nell Hedrick
1537 East Harmony Lane
Fullerton, CA 92631
Subject: Balboa Peninsula Seawall - Island Avenue to Adams Street
Dear Ms Hedrick,
This letter is written in response to your January 10, 1989, telephone
conversation with me and letter to Steve Luy, Project Engineer.
This seawall is being built as part of the City's program to protect low -lying
areas from tidal flooding. New bulkheads and seawalls are being established at
a minimum elevation of +9 MLLW datum, which is approximately 1 -1/2 feet above
the sidewalk in front of your property.
Toward that end, the City Council budgeted funds during FY 1987 -88 for a
preliminary study, and budgeted funds this year for construction of the wall in
question. Once after the wall is built, City forces will no longer need to
sandbag the area during times of higher high tides or storms, as they have had
to do so many occasions in the past.
The requirement that pier owners are responsible for restoring their piers and
utilities thereto is based upon the opinion that (1) pier owners occupy the
public tidelands under the conditions of a Harbor Permit, and (2) Harbor Permits
allow owners to construct private facilities for the permittees' sole use, and
therefore (3) the public should not be subject to additional expenses in order
to accommodate these facilities.
It has been City practice to require pier permittees to bear the expense of
restoring handrailings, other members, utilities and even entire piers
subsequent to the City's construction. Two such projects involving
approximately 50 pier permittees were performed during 1988.
Your letter has been placed on the City Council's agenda of January 23, 1989.
You may also appear before the City Council at that meeting, if you desire to do
50.
i
Li
ton
T01Y Mel um
Engineer
LO: so
Tidelands Administrator
Authorized to Publish Advertisements of all bntlSfncludmg public
notices by Decree of the Superior Court of Orange County.
California. Number A -6214, dated 29 September. 1961, and
A- 2.931, dated 11 June. 1963.
STATE OF CALIFORNIA
County of Orange o .rte .•.« •wo .o ..o
•v me .ma..v n ri m r povo
,win 10 pc. column .Um
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 Bid`
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 2 tams
consecutive weeks to wit the issue(s) of
198—
198—
iI -I:Ii»
, 198—
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on December 24 1988
at Costa Mesa, Califomia.
U LQ1n3ture /
l!_ U l
Y
cv
PROOF OF PUBLICATION
•
•
•
is
0
TO: CITY COUNCIL
FROM: Public Works Department
Wcember 12, 1988
CITY COUNCIL AGENDA
ITEM NO. F -15
SUBJECT: BALBOA PENINSULA SEAWALL, ISLAND STREET TO ADAMS STREET
CONTRACT NO. 2662 BY THS {iITY COUNCIL
RECOMMENDATIONS: CITY OF NEWPORT BEACH
1. Approve the plans and specifications. DEC 1 2 1988
2. Affirm the environmental assessment.
3. Authorize the City Clerk to
u.nn ^., imm,nr., a °^^ _
DISCUSSION:
The contract provides for the construction of a gravity retaining wall
and a sidewalk with sub - drains at locations shown on the attached Exhibit A. A
catch basin and storm drain will also be constructed at the end of Alvarado
Street.
The work will reduce flooding of the adjacent properties and street
ends during high tides, and will facilitate drainage during storms.
On July 12, 1988, the California Coastal Commission granted a permit
for the subject project. A public meeting was held on October 11, 1988, at the
Balboa Branch of the Public Library to allow those property owners adjacent to
the subject project to express their concerns. Staff has made minor changes in
the plans that have satisfied the concerns of the property owners. Staff has
requested one property owner, Mr. Stacy Dobrzensky, to relocate his pier to
allow for the stabilization of the beach adjacent to the seawall. Mr.
Dobrzensky has agreed to relocate the pier. The Harbor Permit for the pier
relocation will be considered under a different agenda item during this Council
meeting.
A Negative Declaration of Environmental Impact has been prepared by
staff and approved by the Environmental Affairs Committee. Upon affirmation, the
Negative Declaration will be published in our local newspaper and filed with the
County Clerk.
The Engineer's 'stimm'I is $167,000.00. Funds are available in the
appropriation for Balboa Peninsula Coping Improvements, Account No. 02- 4197 -427.
The plans and specifications were prepared by the Public Works
Department. All work should be completed by June 1, 1989.
1�),
Benjamin B. Nolan
Public Works Director
LD:so
Attachment
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA PENINSULA SEAWALL
ISLAND ST TO ADAMS ST
C-2662
PROJECT LOCATION
DRAWN J Vy DATE Ic -C.- 00
APPROVED
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DRAWING NO. EXHIBIT A