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HomeMy WebLinkAboutC-2661 - 15th Street Improvement, Newport Boulevard to Irvine Avenue, rehabilitation & storm drainMay 16,1997 ! sk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Gillespie Construction 245 Fischer Ave., Suite B -3 Costa Mesa, CA 92626 (714) 6443005 Subject: Contract No. 2661 -15th Street Rehabilitation, Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue On February 10, 1997, the City Council of Newport Beach accepted the work of the 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 of Completion was recorded by the Orange County Recorder on February 21, 1997, Reference No. 19970079195. The Surety for the contract is United Pacific Insurance Company, and the bond number is U1857645. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUEST BY ANLRecorcaed in the county o,�anye. California WHEN RECORDED RET TO: p110!I!IIIIIIII!I�Illlll! 11111111! �IhI1111111111;1'1111.111111erK RNO Feer 19910079195 11:17am 02/21/97 City Clerk 005 25002337 25 15 Cit ofwpe -port Beach N12 1 7.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CAe92663 n "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Gillespie Construction, Inc. as Contractor, entered into a Contract on May 8, 1996 Said Contract set forth certain improvements, as follows: 15th Street Rehabilitation, Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue Contract No. 2661 Work on said Contract was completed on October 17, 1996 and was found to be acceptable on February 10, 1997 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is United Pacific Insurance City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /� /�),V j , at Newport Beach, California. City Clerk 1.; IT I(2 rr . FOR GOOD AND VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, the undersigned, does hereby: release from the effect of that certain Stop Notice or Notice to Withhold filed In the Office of the City of Newport Beach on March 11, 1997 against Gillespie Construction C - as General Contractor. on job known as 15th Street Rehabilitation From Old Newport Blvd. to Irvine Avenue in the amount of$ 58,243.03 DATED: May 15, 1997 ow o c4 F a IA ) "f ) SS. COUNTY OF Orange ) FIRM R.F. Paulu , BY BY Jas Paulus CONTRACTORS LICENSE NO. A443106 On May 15, 1997 before me, Angelina A. Materon personally .appeared Jason Paulus personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(sj whose name(s) Is /are subscribed to the within Instrument and acknowledged to me that he/she/ they executed the same in his /her /their authorized capacity(les), and that by his /herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the Instrument. WITNESS my hand and official seal. Y.� COMM #1029541 a NOTAM PUBIIC - CALIFOINA OAANOECOUNTY ' My Oo ml. ELm. Jmro 12,10 Form provided WHEATLEY SCOTT OSAKI 8 JOVANOVICH 2000 E. Nutwood Ave., Sulte 101, Fullerton, CA 92931 courro.,y of., Construction Law 1414- 992.63(K or l -900. 422.2090 MAY 1 5 19197 ' 0 0 0 Linda From: Hlawaty, Horst Sent: Friday, March 28, 1997 3:12 PM To: Dalton, Lloyd; Martinez, Linda Subject: RE: Gillespie Construction C -2661 I am a )petting a release on the stop notice. Please do not release bond until I let you know.re: receipt of release. From: Dalton, Lloyd To: Hlawaty, Horst Cc: Berger, Gary Subject: FW: Gillespie Construction C -2661 Date: Friday, March 28, 1997 1:58PM please follow uo w/ Linda From: Martinez, Linda To: Dalton, Lloyd Subject: Gillespie Construction C -2661 Date: Fri, Mar 28, 1997 11:43AM Re: C -2661, Gillespie Construction, 15th Street Rehabilitation. There is a stop notice in this file from R.F. Paulus for $58,243.33. Will you let me know when the bonds can be released on this contract? I was ready to send the letter today. Thanks for your help. Page 1 9 Martinez, Linda From: Martinez, Linda Sent: Friday, March 28, 1997 11:43 AM To: Dalton, Lloyd Subject: Gillespie Construction C -2661 Re: C -2661, Gillespie Construction, 15th Street Rehabilitation. 0 There is a stop notice in this file from R.F. Paulus for $58,243.33. Will you let me know when the bonds can be released on this contract? I was ready to send the letter today. Thanks for your help. Page 1 Date M O Mayor STOP NOTICE ❑ CouncH Member O Manager LEGAL NOTICE TO WITHHOLD CONSTRUCTION I0'kitorney (Public or Private Work) _AT ? C C«. I \ y (Per California Civil Code Section 3103) Ccc: t�Ql�� O To:� "'-- �'r--"=-"wPort Beach (Name of owne, public oody or CUnspuChon Fund holder, 3300 Newport Blvd. (Address, ll directed to a bank or savings and loan assn. use address of blanch holding fund) Newport Beach, CA 92659 -1768 cat, slate and bpi TAKE NOTICE THAT R.F. Paulus, Inc. whose address is Project: 55pp A ?7 Via � lit CITY_ (_irx 1� 15th Street Rehabilitation INan el from Old Newport Blvd. (Address) to Irvine Avenue (City, slate and i,a) of the person or Into clalminy The slop noble licensed contactors must as, the one Under much conlractbr s license r5 issued, 2871 E. Coronado St. Anaheim, CA 92806 (Address of person or pun ctannrng stop noticed has performed labor and furnished materials for a work of improvement described as follows: 15th Street Rehabilitation from Old Newport Blvd. to Irvine Avenue IName ono IOCui In of the Finite wl+ere work or maleuals wee lnmrihedI The labor and materials furnished by claimant are of the following general kind: Water main and storm drain construction IKrnd of labor . services. epmVlrlenl or maleuals Furnished or agreed Or be banished by clanaand Total value of the whole amount of labor and materials agreed to be furnished is The value of the labor and materials furnished to date is: Claimant has been paid the sum of: .................... and there is due, owing and unpaid the sum of:.. $ 582,430.2 $ 582,430.28 e, 524,187.25 58,243.33 You are required to set aside sufficient funds to satisfy this claim with interest. court costs and reasonable costs of litigalion, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: R.F. Paulus, Inc. IFinn, at Sbp By: i tOwner An agent ul slop} I¢e Omr VERIFICATION✓ Innst syn here and vend, oeldwl I, the undersigned, say: lam the Jason Paulus — Vice — President of R.F. Paulus, Inc 1Pu111"U{U Av.e+,,nl nwR4d A"rit"t 'KC the claimant named In the foregoing Stop Notice: I have read said Stop Notice and know the contents thereol: the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the loregoing is true and correct. Executed on March 11 1997 at Anaheim California. ntle IF'S d +1lYl +rein Was Siglledl {n.11+IP or ,fly v:1, SIa S {1 r i d'¢+san9 o' ldrr ndr.Naar wna+5 "'A"", Na111 +e r clPnls at SfUV rmirce die llael REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159. 3161, or 3162) If an election is made not to withhold funds pursuant to this slop notice by reason of a payment bond having been rerorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161. or 3162. Signed: IOemraut must encluse sell addressed sldngretl Pnveropq See reverse side for additional information. WOLCOTTS FORM 894 —STOP NOTICE — Rev 590 (puce class 3) OPlule you use m's hour o,rdd fill U. all bti and make Whatever changes de appropriate and .less., to your radii c 1990 WOLCOTTS. INC Transaction Cansuld A p"er d you doubt Me Total s bhless Mr your purpose and use VAlcoui makes no represenlalron or warranty, e,"Ess a, +'robed. vr4h respeel to the melchanhadddy 61 Unless of UMS Farm for an Intended USE of purpose • n U 0 0 �IL i �i FEB 1 01997 APPROVED February 10, 1997 CITY COUNCIL AGENDA ITEM NO. 13 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: COMPLETION AND ACCEPTANCE OF 15TH STREET REHABILITATION, STORM DRAIN AND WATER MAIN CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE AVENUE. CONTRACT NO. 2661 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, a cooperative project with the City of Costa Mesa, provided for 1) construction of a 42 -Inch storm drain in 15th Street; 2) complete reconstruction of pavement on 15th Street between Irvine Avenue and 250 feet westerly of Riverside Street; 3) pavement repair work and slurry coating 15th Street westerly to Old Newport Boulevard; 4) reconstruction of certain concrete improvements to meet ADA accessibility standards, and; 5) the construction of certain water system improvements in 15th Street at Santa Ana and Irvine Avenue, and at Dover Drive /Cliff Drive for the City's groundwater project. The construction of the project has been completed to the satisfaction of the Public Works Department. The contractor was Gillespie Construction, Inc. of Costa Mesa, CA. The bid price was $1,028,797.00 The amount of unit items constructed 1,017,427.80 Amount of change orders 77,740.66 Total contract cost $1,095,168.46 SUBJECT: COMPLETIOWD ACCEPTANCE OF 15TH STREET REHASTATION, STORM DRAIN AND WATER MAIN CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE AVENUE, CONTRACT NO. 2661 February 10, 1997 Page 2 • Ten (10) change orders were issued to complete the project. The majority of change orders dealt with water system facilities modifications due to unknown conditions, a delay beyond the contractor's control; and the replacement of unsuitable street subgrade material for proper roadway construction. Change orders in excess of $1,000 were as follows: 1. A change order in the amount of $23,768.30 provided for the relocation of interfering water /sewer lines, upsizing water lines and modifying water line connections at several locations within the project limits. 2. A change order in the amount of $10,571.41 provided for the construction of a 12 -inch water line siphon over a storm drain at 15th Street and Irvine Avenue. 3. A change order in the amount of $2,944.49 provided for over - excavation and removal of unsuitable material in the roadway and the removal of portions of deteriorated curb and gutter on 15th Street. 4. A change order in the amount of $32,714.40 provided for compensation, pursuant to the contract specifications, for stand -by equipment time due to the delay of the construction of the 42 -inch storm drain so that work would not begin until Newport Heights Elementary School and Newport Harbor High School closed for summer vacation. The construction of the 42 -inch storm drain was a critical item and would have resulted in the closure of 15th Street during school session causing extensive traffic congestion in the surrounding area. 5. A change order in the amount of $5,000.00 provided for the replacement of wet unacceptable backfill material, and importation of acceptable material in the 24- inch water line trench at Dover Drive and Cliff Drive. Funds for the project were budgeted in the following accounts: Description Account Number Amount 16th Street Water Transmission Main 7504- C5500096 $355,097.00 15th Street Rehab (City drainage portion) 7012- C5100276 135,000.00 15th Street Rehab (City street portion) 7013- C5100276 311,000.00 15th Street Rehab (Costa Mesa's share) 7251- C5100276 210.000.00 15th Street Rehab (SLTPP's portion`) 7253- C5100276 67.700.00 TOTAL $1,078,797.00 State /Local Transportation Partnership Program • SUBJECT: COMPLETION AVACCEPTANCE OF 15TH STREET REHABILITATIOSTORM DRAIN AND WATER MAIN CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE AVENUE, CONTRACT NO. 2661 February 10, 1997 Page 3 Additional funds are needed to supplement the budgeted amount, and staff is processing a transfer of funds as follows: From: Storm Drain Improvement Program- Account No. 7012- C5100008 $19,089.81 To: 15th Street Rehabilitation Account No.- 7012- C5100276 $16,371.46 15th Street Rehabilitation Account No.- 7013- C5100276 $ 2,718.35 The scheduled completion date was August 23, 1996. Due to suspension of critical work ordered by the City so as not to impact the neighborhood before the schools closed, time extensions were granted until October 17,1996. The critical 15th Street roadway construction was completed on September 9, 1996, prior to the school opening on September 10, 1996. The overall project was completed on October 17, 1996. Respectfully submitted, • PUBLICEPARTMENT Don Webb, Director by Horst Hlawaty Construction Engineer Attachment: Location Map • r • TO: FROM: SUBJECT: • Mayor and Members of the City Council Public Works Department 15TH STREET REHABILITATION AND MAIN CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE AVENUE - CONTRACT NO. 2661 40 April 22, 1996 CITY COUNCIL AGENDA ITEM NO. 5 RECOMMENDATIONS: 1. Award Contract No. 2661 to Gillespie Construction, Inc., for the Total Bid Price of $1,028,797.00 and authorize the Mayor and the City Clerk to execute the contract. 2. Provide a construction contingency amount of $50,000.00 DISCUSSION: At 11:00 A.M. on April 10, 1996, the City Clerk opened and read the following bids for this project: Bidder Total Bid Price Low Gillespie Construction, Inc. $1,028,797.00 2 Los Angeles Engineering, Inc. 1,068,595.00' 3 R. J. Noble Company 1,153,562.00 4 Clayton Engineering, Inc. 1,163,379.00 5 Fleming Engineering, Inc. 1,197,675.00 6 Griffith Company 1,358,299.00 " Corrected Total Bid Price is $1,068,695.00 The low total bid price is 3% below the engineer's estimate of $1,060,000. The low bidder, Gillespie Construction, Inc., is a well - qualified general engineering contractor who possesses a Class A contractors license and who has satisfactorily performed previous contracts of similar nature for the City. This is a cooperative project with the City of Costa Mesa to: 1) rehabilitate 15th Street from Old Newport Boulevard to Irvine Avenue, and 2) extend a storm drain in 15th Street from Irvine Avenue to 250 feet westerly of Riverside Avenue (see attached exhibit). The project includes constructing the storm drain; removing a dip that was installed at the intersection of 15th Street and Riverside Avenue approximately 25 years ago to relieve flooding that occurred along Costa Mesa's side of 15th Street; reprofiling and reconstructing 15th Street pavement between Irvine Avenue and 250 feet westerly of Riverside Avenue; repairing and slurrying 15th Street westerly to Old Newport Boulevard; SUBJECT: 15TH STREET REHABILITATION AND STORM DRAIN AND WATER MAIN CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE AVENUE CONTRACT NO. 2661 April 22, 1996 • Page 2 - replacing defective concrete improvements within the work limits; and reconstructing certain concrete improvements to meet the accessibility standards of the Americans with Disability Act of 1990. The project also includes constructing certain water system improvements that were added to the project as the result of rejecting bids for Reach 4 - Phase 2 of the Groundwater Development Project. The work will be performed mainly at the Irvine Avenue and Santa Ana Avenue intersections at 15th Street and near the Dover Drive /Cliff Drive intersection. Funds for award are proposed from the following accounts: Description Account No. Amount 16th Street Water Transmission Main 7504- C5500096 $355,097.00 15th Street Rehabilitation (City drainage portion) 7012- C5100276 135,000.00 15th Street Rehabilitation (City street portion) 7013- C5100276 311,000.00 15th Street Rehabilitation (Costa Mesa's share) 7251- C5100276 210,000.00 15th Street Rehabilitation (SLTPP's portion*) 7253- C5100276 67.700.00 Total $1,078,797.00 Less award amount (1.028.797.00) • Contingency amount $ 50,000.00 The project is partially funded by Cycle 6 of the State /Local Transportation Partnership Program. SLTPP reimburses 5.88% of street and drainage costs. Under the terms of our agreement with the City of Costa Mesa, we will act as project manager and Costa Mesa will remit its estimated share of construction costs to the City upon award. Upon completion of the contract work, the cities will make payment adjustments as needed for each to pay for its respective final costs. City staff will arrange for testing, inspection, and construction engineering. The costs will be prorated according to each city's proportionate cost of construction. The contract stipulates that all work shall be completed by August 23, 1996. Liquidated damages are $1000 per day. Respectfully submitted, cn�,' Pfublic Works Department Don Webb, Director by by fyd Dalton, P.E. Michael J. Sinacori, P.E. gn Engineer Utilities Engineer 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Griffith Company 2020 Yale Street Santa Ana, CA 92704 -3974 Gentlemen: (714) 644 -3005 May 28,1996 Thank you for your courtesy in recently submitting a bid for the 15th Street Rehabilitation and Storm Drain and Water Main Construction project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk By ancy C. Lacey C Acting City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Fleming Engineering Inc. 13829 Artesia Blvd. Cerritos, CA 90703 Gentlemen: (714) 644 -3005 May 28,1996 Thank you for your courtesy in recently submitting a bid for the 15th Street Rehabilitation and Storm Drain and Water Main Construction project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk By C. Lacey,d Acting City Clerk 3300 Newport Boulevard, Newport Beach E r CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Clayton Engineering, Inc. 3661 Spruce Street Newport Beach, CA 92660 Gentlemen: (714) 6443005 May 28,1996 Thank you for your courtesy in recently submitting a bid for the 15th Street Rehabilitation and Storm Drain and Water Main Construction project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk z By Ndi6cy C. Lacey, C:7" Acting City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 R.J. Noble Company 15505 E. Lincoln Ave. P.O. Box 620 Orange, CA 92666 Gentlemen: (714) 644 -3005 May 28, 1996 Thank you for your courtesy in recently submitting a bid for the 15th Street Rehabilitation and Storm Drain and Water Main Construction project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk By N cy C. Lacey, Acting City Clerk 3300 Newport Boulevard, Newport Beach • s CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Los Angeles Engineering, Inc. 4134 Temple City Blvd. Rosemead, CA 91770 Gentlemen: (714) 644 -3005 May 28,1996 Thank you for your courtesy in recently submitting a bid for the 15th Street Rehabilitation and Storm Drain and Water Main Construction project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk La?eyZ� y cyC. Acting City Clerk 3300 Newport Boulevard, Newport Beach • CITY CLERK COPY NOTICE INVITING BIDS 4.4 Sealed bids may be recef -at the office of the City Clerk, 3300 Newport Boulevard, P. O. BAj1768, Newport Beach, CA 92659 -1768 until 11:00 A.M. on the 10th day of April ,1996. at which time such bids will be opened and read for: 15th Street Rehabilitation and Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue Title of Project 2661 Contract No. $1,060,000 Engineer's Estimate /OTC ��` \�IFOR�/ a Approved by the City Council this 25th day of March ,1996 LaVonne Harkless City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92659 -1768. For further information, please contact Lloyd Dalton at (714) 644 -3328 Project Manager J io • r is 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO.1 15th Street Rehabilitation and Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue CONTRACT NO. 2661 Bid Documents Addenda No. 1: Bidders shall propose to complete Contract No. C -2661 in accord with the "PROPOSAL" as modified by this addenda. This is the first addenda to this contract. It consists of four (4) pages; this page and three (3) others pages. This bid addenda is provided as substitutions, additions, revisions, deletions and clarifications to the plans and specifications. Bidders are required to include this page and the three (3) other pages when submitting their bid proposal. Bids will be opened by the City Clerk of the City of Newport Beach in the Clerk's Office at 3300 Newport Boulevard at 11:00 a.m. Wednesday, April 10, 1996. Warning! Bids submitted without all pages of this addenda signed, dated and attached to the bid proposal may be rejected as "non- responsive ". LIoVd D. Project Manager MJS: dsg Addendum received by: Bidder: Gillespie Construction, Inc. Date: 4 -9 -96 Signature: S /Floyd Bennett, Secretary /Treasurer Page 1 of 4 for Addenda Number 1 (Sent April 5,1996) 0 • The following changes, additions, revisions, deletions or clarifications shall be made to the contract documents; all other conditions shall remain the same. Special Provisions: Add the following section: YY. Construction Sequencing for installation of Water Mains The following is a recommended water main shutdown and construction schedule: Stage 1: 15th Street and Santa Ana Avenue The City will shut down all valves on the existing 12 -inch ACP water line (CNB) in 15th Street between Westminster Avenue and San Bernardino Avenue. Because of this shutdown, Newport Heights Elementary School will be without water. The City will provide temporary bypass water for the School. At 15th Street and Santa Ana Avenue 1.) Install 12 -inch PVC piping for MCWD intertie. At 15th Street and San Bernardino Avenue 1.) Remove existing 8 -inch ACP piping at the 12" x 8" cross on the south side of 15th Street. 2.) Install 12 -inch PVC piping for 8 -inch pressure reducing station discharge line. The City will then open up all valves in 15th Street between Westminster Avenue and San Bernardino Avenue on the 12 -inch ACP water line (CNB). The valves connecting to the existing 30 -inch water main will be kept closed. Stage 2: 15th Street and Irvine Avenue The City will shut down all valves between San Bernardino Avenue and Irvine Avenue to the existing 12 -inch ACP water line (CNB). At 15th Street and Irvine Avenue 1.) Remove 12 -inch ACP piping and plug tee on the south side of 15th Street. The City will open all valves between San Bernardino Avenue and Irvine Avenue on the existing 12 -inch ACP water line (CNB). All valves connecting to the existing 30 -inch water main will be kept closed. Addendum received by: Bidder: Gillespie Construction, Inc. Date: 4 -9 -96 Signature: S /Floyd Bennett, Secretary /Treasurer Page 2 of 4 for Addenda Number 1 (Sent April 5,1996) A Stage 3: 15th Street and Santa Ana Avenue The City and /or MCWD will shut down all valves to the existing 12 -inch and 16 -inch ACP water lines (MCWD) at the existing intertie connection easterly of 15th Street and Santa Ana Avenue. At 15th Street and Santa Ana Avenue 1.) Construct 16 -inch piping for MCWD intertie. 2.) Construct intertie meter vault. 3.) Install a blind flange on the existing 12" x 12" tee. The City or MCWD will open up all valves to the existing 12 -inch and 16 -inch ACP water lines (MCWD) at the existing intertie connection easterly of 15th Street and Santa Ana Avenue. Stage 4: Dover Drive and Cliff Drive The City will shut down all valves on the existing 30 -inch steel water line (CNB) on the easterly side of Newport Bay. The City will also shut down the valves for the 24 -inch steel water line (CNB) on Dover Drive near Cliff Drive. At Dover Drive and Cliff Drive 1.) Construct 12 -inch ductile iron pipe bypass line between the 30 -inch and 24 -inch lines on Dover Drive. 2.) Construct new 24 -inch ductile iron pipe on Dover Drive. The City will open all valves on the existing 30 -inch steel water line (CNB) on the easterly side of Newport Bay and the valves for the 24 -inch steel water line (CNB) on Dover Drive near Cliff Drive. Stage 5: 15th Street and Santa Ana Avenue The City will shut down all valves connecting to the 30 -inch steel water line (CNB) on 15th Street between Dover Drive and Santa Ana Avenue. At 15th Street and Santa Ana Avenue 1.) Construct new 30 -inch butterfly valve. 2.) Remove 8 -inch gate valve and install blind flange on 30" x 8" tee. 3.) Remove 12 -inch gate valve and install blind flange on 30" x 12" tee at MCWD intertie. Addendum received by: Bidder:Gillespie Construction, Inc. Date: 4-9-96 Signature: S/Floyd Bennett, Secretary /Treasurer Page 3 of 4 for Addenda Number 1 (Sent April 5, 1996) At 15th Street and San Bernardino Avenue 1.) Construct 8 -inch Pressure Reducing Station and hot tap of 30 -inch steel water line (CNB). At 15th Street and Irvine Avenue 1.) Construct the 30 -inch (DIP or Steel) water line. 2.) Construct the 8 -inch Pressure Reducing Station. The City will open up all the valves connecting to the 30 -inch steel water line (CNB) on 15th Street between Dover Drive and Santa Ana Avenue. Stage 6: Dover Drive and Cliff Drive At Dover Drive and Cliff Drive 1.) Abandon 12 -inch ductile iron pipe bypass. 2.) Construct 12 -inch pressure reducing station. 3.) Construct fire hydrant on Dover Drive CONSTRUCTION PLANS: 15th Street Water Main Replacement Project Sheet No. 13 of 16 - Revisions to 12 -inch Pressure Reducing Station Elevation Table: Revision - Revise the 12 -inch Pressure Reducing Station Elevation Table to the following: Top EL. "A" 21.00 Pipe CL E L. 'B" 11.37 Floor EL. "C 9.37 Addendum received by: Bidder: Gillespie Construction, Inc. Date: 4 -9 -96 Signature: S/Floyd Bennett, Secretary /Treasurer Page 4 of 4 for Addenda Number 1 (Sent April 5, 1996) 9 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 15TH STREET REHABILITATION AND STORM DRAIN AND WATER MAIN CONSTRUCTION FROM OLD NEWPORT AVENUE TO IRVINE AVENUE CONTRACT NO. 2661 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, that he has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2661 in accordance with the Plans and Special Provisions, and that he will take in full payment therefore the following unit price for the completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Traffic Control and Mobilization Sum Twenty -Two Thousand @Four Hundred Sixteen Dollars and No Cents $22 416.00 Per Lump Sum 2. 7,000 Remove existing street section, prepare Tons subgrade and replace with 12 inch thick A.C. deeplift section over compacted subgrade @Thirty -Four Dollars and Sixty Cents $34.60 $242 200.00 Per Ton • Page 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 1,870 Remove existing P.C.C. curb and gutter L.F. @One Dollars and Fifty Cents $1.50 $2,805.00 Per Linear Foot 4. 765 Remove existing P.C.C. cross gutter S.F. @One Dollars and No Cents $1.00 $765.00 Per Square Foot 5. 600 Remove existing P.C.C. sidewalk S.F. @No Dollars and Fifty Cents $50 $300.00 Per Square Foot 6. 80 Remove existing parking lot section, Tons prepare subgrade and replace with 6 inch thick A.C. deeplift section over compacted subgrade @Fifty-Two Dollars and No Cents $52.00 $4.160.00 Per Ton 7. 550 Remove existing alley section and S.F. construct new alley section per City of Newport Beach STD -140 -L @One Dollars and Fifty Cents $1.50 $825.00 Per Square Foot N 0 0 Page 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 1,020 Remove existing A.C. sidewalk S.F. @No Dollars and Fifty Cents $.50 $510.00 Per Square Foot 9. 330 Construct "Type A" curb and gutter per L.F. City of Newport Beach STD -182 -L @Thirte n Dollars and No Cents $13.00 $4.290.00 Per Linear Foot 10. 770 Construct "Type C -6" curb and gutter and L.F. CMB per City of Costa Mesa Std. Dwg. No. 312 @Fourteen Dollars and No Cents $14.00 $10 780.00 Per Linear Foot 11. 830 Construct Modified Type A Curb and L.F. Gutter (12" Gutter Plate) per detail 3/3 @Eleven Dollars and No Cents $11.00 $9.130.00 Per Linear Foot 12. 10 Construct 10' Curb and Gutter Transition L.F. from 18" to 12" Gutter Plate @Nine Hundred Dollars and No Cents $900.00 $9.000.00 Per Linear Foot • • Page 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. 1,325 Construct 4" P.C.C. sidewalk and CMB per S.F. City of Newport Beach STD -180 -L @Three Dollars and No Cents $3.00 $3.975.00 Per Square Foot 14. 2,650 Construct 4" P.C.C. sidewalk and CMB per S.F. City of Costa Mesa Std. Dwg. No. 412 @Two Dollars and Fifty Cents $2.50 $6 625.00 Per Square Foot 15. 300 Construct access ramp case C and CMB S.F. per City of Costa Mesa Std. Dwg. No. 416 @Four Dollars and No Cents $4.00 $1.200.00 Per Square Foot 16. 100 Construct access ramp case H per City of S.F. Newport Beach STD - 181 -L -A @Five Dollars and No Cents $5.00 $500.00 Per Square Foot 17. 180 Construct access ramp case E per City of S.F. Newport Beach STD - 181 -L -A @Five Dollars and No Cents $5.00 $900.00 Per Square Foot Page 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. 770 Construct access ramp case C per City of S.F. Newport Beach STD- 181 -L -A @Five Dollars and No Cents $5.00 $3,850.00 Per Square Foot 19. 440 Construct residential driveway approach S.F. Type II per City of Costa Mesa Std. Dwg. No. 514 @Four Dollars and No Cents $4.00 $1,760.00 Per Square Foot 20. 965 Construct cross gutter per detail 4/3 S.F. @Six Dollars and No Cents $6.00 $5,790.00 Per Square Foot 21. 75 Construct depressed alley approach per S.F. detail 2/3 @Five Dollars and No Cents $5.00 $375.00 Per Square Foot 22. 50 Place slurry seal over existing A.C. ELT pavement @Two Hundred Dollars and No Cents $200.00 $10.000.00 Per Extra Long Ton Page 1.6 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 16 Adjust manhole to grade per City of Each Newport Beach STD- 111 -L @Three Hundred Seventy -Five Dollars and No Cents $375.00 $6,000.00 Per Each 24. 25 Adjust valve to grade Each @Two Hundred Fifty Dollars and No Cents $250.00 $6 250.00 Per Each 25. 1 Adjust survey monument to grade Each Two Hundred Fifty Dollars and No Cents $250.00 Per Each 26. 6 Relocate existing sign Each One Hundred Twenty -Five Dollars and No Cents $125.00 $750.00 Per Each 27. 1 Relocate existing mailbox Each @One Hundred Ninety Dollars and No Cents $19100 Per Each 28. 1 Relocate existing fire hydrant Each @Five Thousand Five Hundred Dollars and No Cents $5.500.00 Per Each Page 1.7 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29. 3 Adjust water meter box to grade Each (a)Two Hundred Fifty Dollars and No Cents $250.00 $750.00 Per Each 30. 80 Provide and place 18" RCP per City of L.F. Newport Beach STD -106 -L @Forty -Five Dollars and No Cents $45.00 $3 600.00 Per Linear Foot 31. 1,880 Provide and place 42" RCP per City of L. F. Newport Beach STD -106 -L @Nlnety -Nine Dollars and Twenty Cents $99.20 $186.496.00 Per Linear Foot 32. 1 Construct catch basin type OL -A per City of Each Newport Beach STD - 305 -L. Length (L) as shown on plan. @Five Thousand Dollars and No Cents $5.000.00 Per Each 33. 2 Construct modified catch basin type OL -A Each with 2 manholes, per City of Newport Beach STD - 305 -L. Length (L) shown on plan @Four Thousand Eight Hundred Dollars and No Cents $4.800.00 $9.600.00 Per Each 0 0 Page 1.8 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. 1 Construct local depression per City of Each Newport Beach STD -304 -L @Five Hundred Dollars and No Cents $50100 Per Each 35. 3 Construct manhold No. 2 per City of Each Newport Beach STD -307 -L @Two Thousand Seven Hundred Dollars and No Cents $2.700.00 $8.100.00 Per Each 36. 2 Construct modified local depression and Each CMB per City of Costa Mesa per detail Sheet 413 @Four Hundred Seventy Dollars and No Cents $470.00 $940.00 Per Each 37. 2 Construct local depression and CMD per Each City of Costa Mesa Std. Dwg. No. 315 @One Thousand One Hundred Dollars and No Cents $1.100.00 $2.200.00 Per Each 38. 3 Construct junction structure No. 1 per City of Each Newport Beach STD -310 -L Two Thousand Seven Hundred Dollars and No Cents $2,700.00 $8,100.00 00.00 Per Each 0 0 Page 1.9 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 39. 1 Remove and dispose interfering portions of Each existing 42" RCP and construct manhole No. 4 per City of Newport Beach STD -308 -L @Three Thousand Three Hundred Dollars and No Cents $3100.00 Per Each 40. Lump Striping and Pavement Markings Sum @Thirteen Thousand Dollars and No Cents $13 000.00 Per Lump Sum 41. 1 Provide and Place Brick and Mortar Plug Each @Seven Hundred Fifth Dollars and No Cents $750.00 Per Each 42. 50 Root prune and install tree root barrier per L.F. detail 113 @Forty -Five Dollars and No Cents $45.00 $2 250.00 Per Linear Foot 43. 25 Remove and replace wood planter L.F. @Seventy -Five Dollars and No Cents $75.00 $1.875.00 Per Linear Foot Page 1.10 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 44. 100 Remove and replace brick lawn edging L.F. Twenty -Five Dollars and No Cents $25.00 $2,500.00 _ Per Linear Foot 45. 300 Construct residential driveway approach S.F. per City of Newport Beach STD -163 -L @Two Dollars and Fifty Cents $2.50 $750.00 Per Square Foot 46. 4 Furnish and install 16 -inch Class 150 Each butterly valve @Three Thousand Three Hundred Dollars and No Cents $1300.00 $13 200.00 Per Each 47. 9 Furnish and install 12 -inch Class 150 Each butterly valve @Seven Hundred Eighty Dollars and No Cents $780.00 $7,020.00 Per Each 48. 2 Furnish and install electrolysis test stations Each per detail on Sheet 14 @Five Hundred Fifty Dollars and No Cents $550.00 $1.100.00 Per Each Page 1. 11 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 49. 2 Construct 8 -inch pressure reducing stations Each at San Bernardino Avenue and Irvine Avenue per detail on Sheet 12 (Wwenty-Five Thousand Dollars and No Cents $25.000.00 $50.000.00 Per Each 50. Lump Furnish and install 30 -inch butterfly valve and Sum tie -in at 15th Street and Santa Ana Avenue including, but not limited to removal of existing 30 -inch steel pipe, 2 -inch air release and vacuum valve and appurtenances per detail 1 on Sheet 4 @Nineteen Thousand Dollars and No Cents $19.000.00 Per Lump Sum 51. 137 Furnish and install 12 -inch and 16 -inch CNB /MCWD L. F. emergency intertie piping at Santa Ana Avenue including, but not limited to piping, fittings and appurtenances per detail 2 on Sheet 4 @Two Hundred Five Dollars and No Cents $205.00 $28.085.00 Per Linear Foot 52. 1 Construct 12 -inch CNB /MCWD intertie Each metering facility per detail 2 on Sheet 13 @Twelve Thousand Dollars and No Cents $12.000.00 Per Each 0 Page 1. 12 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 53. Lump Remove existing 30 -inch and 12 -inch Sum waterline connection at alley east of Santa Ana Avenue, including but not limited to removals, fittings, blind flanges and appurtenances per details 3 and 5 on Sheet 6 @Three Thousand Five Hundred Dollars and No Cents $1500.00 Per Lump Sum 54. Lump Abandon existing CNB /MCWD intertie west of Sum 15th Street and San Bernardino Avenue including, but not limited to removals, fittings, blind flanges and appurtenances per detail 4 on Sheet 6 (d)Two Thousand Two Hundred Dollars and No Cents $2.200.00 Per Lump Sum 55. 136 Furnish and install 12 -inch San Bernardino Avenue L. F. pressure reducing station lateral including removals, fittings, hot tapping and valve and appurtenances per Sheet 5 @One Hundred Eighty Dollars and Cents $180.00 $24 480.00 Per Linear Foot 56. Lump Remove existing 30 -inch and 12 -inch waterline Sum connection at alley west of Irvine Avenue including, but not limited to removals, fittings, blind flanges and appurtenances per detail 2 on Sheet 8 @Two Thousand Seven Hundred Dollars and No Cents $2.700.00 Per Lump Sum 0 Page 1. 13 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 57. 104 Furnish and install 12 -inch Irvine Avenue L.F. pressure reducing station lateral including, but not limited to removals, fittings, piping and appurtenances per Sheet 7 @Two Hundred Twenty Dollars and No Cents $220.00 $22,880.00 Per Linear Foot 58. 100 Furnish and install 30 -inch waterline at L. F. 15th Street and Irvine Avenue including pipe, fittings and appurtenances @Seven Hundred Dollars and No Cents $700.00 $70 000.00 Per Linear Foot 59. 1 Remove and replace existing 18 -inch Class Each 150 butterfly valve, including removal and replacement of piping and coupling per detail 3 on Sheet 8 ( 5mg Thousand Dollars and No Cents $5.000.00 Per Each 60. Lump Install Dover Drive bypass pipeling including, Sum but not limited to hot tap and valve, installation and removal of 12 -inch ductile iron pipe bypass, installation of 24 -inch and 16 -inch ductile iron pipe, fittings and appurtenances per Sheets 9 and 10 @EightySix Thousand Dollars and No Cents $86.000.00 Per Lump Sum Page 1.14 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 61. 1 Install 12 -inch Dover Drive pressure reducing Each station including, but not limited to 16 -inch and 12 -inch pipe, fittings, pressurereducing station and appurtenances per Sheets 10 and 13 @Thirty -Four Thousand Dollars and No Cents $34.000.00 Per Each 62. 2,975 Remove and replace pavement in Dover Drive S.F. at Cliff Drive including, but not limited to traffic control and restriping per Sheet 20 @Seven Dollars and No Cents $7.00 $20 825.00 Per Each 63. 20 Pothole existing utilities and connections Each @EEi ht Hundred Dollars and No Cents $800.00 $16,000.00 Per Each One Million Twenty-Eight Thousand Seventy Hundred Ninety-Seven Dollars and No Cents $1028.797.00 TOTAL BID PRICE (WRITTEN IN WORDS) TOTAL BID PRICE (FIGURES) Date 714 - 957 -0233 Bidder's Telephone No. 447025 A Bidder's License No. & Classification Gillespie Construction. Inc. Bidder S /Floyd Bennett Secretary/Treasurer Authorized Signature/Title 245 Fischer Ave. B -3 Costa Mesa CA 92626 Bidder's Address 9 INSTRUCTIONS TO BIDDERS 0 Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) 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 documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 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 responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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). 5/93 • • Page 2A The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All 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 partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 447025 A Contractor's License No. & Classification Gillespie Construction Inc. Bidder 4 -1 -96 Date 5/93 SlFloyd Bennet Secretary(freasurer Authorized Signature/Title • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing 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 State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. Concrete Structures Bob Wetzel Santa Ana 2. Storm Drain R F Paulus Inc Anaheim 3. Concrete Flatwork E.B.S.. Inc. Tustin 4. Striping Works Striping & Marking Baldwin Park 5. 6. 7. 8. 9. 10. 11. 12. Gillespie Construction Inc. Bidder 5191 S /Floyd Bennett, S@cretary/Tressurer Authorized Signaturerritle 0 0 Page 4 KNOW ALL MEN BY THESE PRESENTS, That we, Gillespie Construction. Inc.. as bidder, and United Pacific Insurance Company, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Amount Bid Dollars ($10% of Bid),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 15th Street Rehabilitation and Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue C -2661 (Title of Project and 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) after the date of the mailing Notice of Award 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 :1st day of April, 1996, Gillespie Construction Inc. S /Floyd Bennett. Secretary/Treasurer Bidder Authorized Signature/Title Margaret Mary Ford Notary Public Commission Expires: 11-22-96 5/91 SURETY United Pacific Insurance Company By:Michael A. Stong, Attorney -In -Fact (Attach Acknowledgment of Attorney-In-Fact) • State of California NON - COLLUSION AFFIDAVIT ) ss. County of Orange 0 Page 5 Floyd Bennett, being first duly sworn, deposes and says that he or she is Secretarylrreasurer of Gillespie Contruction Inc., the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. Gillespie Construction, Inc. S /Floyd Bennett Secretary/Treasurer Bidder Authorized Signature/Title Subscribed and sworn to before me this 1st day of April, 1996. [SEAL] Margaret Mary Ford Notary Public My Commission Expires: 11-22-96 5(91 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 For Whom Person Completed Performed (Detail) To Contact Gillespie Construction Inc. Bidder 5/91 PLEASE SEE ATTACHED JOB LIST Telephone Number S /Floyd Bennett. Secretary/Treasurer Authorized Signature/Title Page 7 X94 "1 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) 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. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of 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: Prope*- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 • BOND NUMBER U18576 PREMIUM INCLUDED IN RFORMANCE BOND EXECUTED IN FOUR COUNTERPARTS Page 8 lummI4010 :• KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 22. 1996. has awarded to Gillespie Construction. Inc. hereinafter designated as the "Principal ", a contract for 15th Street Rehabilitation and Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue C -2661 (Contract No. 26611 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, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. 2661 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's 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, GILLESPIE CONSTRUCTION, INC. as Principal, and UNITED PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE MILLION TWENTY - EIGHTY THOUSAND SEVEN Dollars ($ 1,028,797.00), said sum being equal to 100% of the estimated amount payable byHUNDRED the City of Newport Beach under the terms of the contract; for which payment well and truly made NINETY - we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly andSEVEN N01100 severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her 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 Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and 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. 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 and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. 5/91 STATE OF CALIFORNIA SS. COLIN'I'Y OF RIVERSIDE on APR 18 1996 ,before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL 4 o Y � ROSEMARY TAND EY. r CCIA ON $967459 Vtc • C4nNay C R'YERSIOE OUNTY Ca7 E*e* JUNE . I 6 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT 0 Page 8A 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 above named Principal and Surety, on the 18th day of APRIL 19 96 Gillespie Construction, Inc. Name of Contractor (Principal) UNITED PACIFIC INSURANCE COMPANY Name of Surety 505 N. BRAND BLVD., STE 770 Address of Surety GLENDALE, CA 91209 ��dfi a Aut z d SignaturerT I C�enne7�� horized t ignature MIC AEL D. STONG ATTORNEY -IN• -FACT (818) 240 -6960 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of / , �� C-d� County of h On 7/-c>? y / G� before me, _ DATE personally appeared personally known to me - OR - pitFN-IA L SE l'i,` "VIM ✓5� Lr?.., p n ��. -:. Pe NAME(S) OF E.G.. "JANE DOEADTARY PUBLIC" proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DIVIDUAL CORPORATE OFFICER 5,,- cr�&-z�1reasvrek TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA OFPE ON(S)ORENTITY(IES) �� %i e ��ns�r DESCRIPTION OF ATTACHED DOCUMENT /a f4AE OR TYRE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 • BOND RIIMBER U1857645 PREMIUM: $13,788.00 EXECUTED IN FOUR COUNTERPARTS Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 22. 1996, has awarded to Gillespie Construction. Inc.. hereinafter designated as the 'Principal ", a contract for 15th Street Rehabilitation and Storrs Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue (Contract No 2661) in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 2661 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, CILLESPIE CONSTRUCTION, INC. as Principal, and UNITED PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE MILLION TWENTY -EIGHT THOUSAND SEVEN Dollars ($1, 028 , 797 Y%aid sum being equal to 100% of the estimated amount of the contract, to HUNDRED be paid to the City or its certain attorney, its successors, and assigns; for which payment well and NINETY - truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, SEVEN N011 jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, 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 Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, 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 of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. 5/91 STATE OF COUNTY OF On CALIFORNIA RIVERSIDE APR 18 1996 PERSONALLY APPEARED I SS. , before me, ROSEMARY STANDLEY MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur OPTIONAL •`M4'•;,,� R4S£ARAF?YSTANOLEY K p � .5z C(XdAV$ ^utON l63�7d'a9 �- � �.:�t! iG� harry PuY�lc - Cm:lcmu � x � .° P.ra�as!oE c:x:wry o �� w 1.°.f CoCmiisabn Elpt�a '� This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnIE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTHN(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT Page 9A In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 18th day of APRIL 11996 Gillespie Construction, Inc. Name of Contractor (Principal) UNITED PACIFIC INSURANCE COMPANY Name of Surety Authors ed Signature/Ttle /p l)lle if 505 N. BRAND BLVD., STE 770 (818) 240 -6966 PT�OitNE Address of Surety Telephone V GLENDALE, CA 91209 NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 D. STONG -IN -FACT RELIANCE SURETY COMPANY INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael D. Stong, of Riverside, California their true and lawful Attorneyls) -in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President. airy Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to lei appoint Attorneyls) -in -Fact and to authorize them to execute on behalf of the Company, bona and undMakings, recognizences, contracts of indemnity an other writings obligatory in the nature thereof, an (b) to remove any such Attorneyls) -in -Fact at any time and revoke the power an authority given to them. 2. Attomev(s)-m -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recopnizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bona antl undertakings. recognizancea, contracts of indemnity and other writings obllgamry in the nature thereof. 3. Attorney(s) -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copes of the Bylaws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive an Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Rersnce National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unaimous Consent dated as of March 31, 1994. - Resolved that the signatures of such directors an officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile,and any such Power of Attorney or certificate beading such facsimile signatures or facsimile seal shall be valid and binding upon Me Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company. In the future with respect to any bond or undertaking to which it is attachnd' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this October 30, 1995. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY SILAL �O UNI7BD PACIFIC INSURANCE COMPANY no � RELL4NCE NATIONAL INDEMNITY COMPANY STATE OF Washington } COUNTY OF King } as. On this, October 30, 1995, before me, Janet Blankley, personally appeared Lawrence W. Cadstrom, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal, Notilry Public in and for the State of Washingt Residing at Puyallup 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, DANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP - ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ID' f�'�L- day of 19�. Assistant Secretary ,a„ nsi CALIFORNIA ALL- PURPOSACKNOWLEDGMENT State of C. nIZ; — /-) ��- County of On DATE before l J TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared /CJ , / NAME(S) OF SIGNER(S) � personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), r� or the entity upon behalf of which the vlat:P.1 person(s) acted, executed the instrument. :i!is+R+vC 6`4UP1 i� 4' �;C- 1A. Exp. Nov, 22, a 990 - . ;rw- :- we±v� :cam WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ DIVIDUAL CORPORATE OFFICER �P,cr��cv- U�ea�s✓//�e r LE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAMW PF�ON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 CONTRACT 0 Page 14 THIS AGREEMENT, entered into this $tL day of 19f ,, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and 0-6wie Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: 15th Street Rehabilitation and Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue C -2661 Project Title and Contract No. B. Contractor has been 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 specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: 15th Street Rehabilitation and Storrs Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue C -2661 Project Title and 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 One Million Twenty Eight Thousand Seven Hundred Ninety -Seven Dollars and No Cents ($1.028.797.00). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 5/91 3. Page 14A 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) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for 15th Street Rehabilitation and Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue C -2661 Project Title and Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his/her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active 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 written above. ATTEST: I 5/91 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor Gillespie Construction, Inc. Name of Contractor Auth6rized Signature and Tlit] s e r� A4 ry / -epscll?�01- CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5907 State of County of �J/Ya/ /-/ -e On "l 0�� -9(� before me, l/ //a v /?��f DATE WAMETITLE OFOFFICER- E.G.. -JANE personally appeared i LJ personally known to me - OR - ❑ - '1U1 NAME(S) OF SIGNER {S) ad to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT VIDUAL �COR � C // t11 TITLE OR TYPE OF DOCUMENT J TITL ) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA�M .OFPER N(S)ORENTITY(I�Ey Z-- DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 • Page 10 PRODUCER COMPANIES AFFORDING COVERAGE Bryan D. Seltzer Insurance ServiCeS COMPANY LETTER National Casualty Company 2922 E. Chapman Avenue, Ste #107 Orange, CA 92669 COMPANY YB (714) 289 -7676 LETTER Cal Comp INSURED COMPANY C Gillespie Construction, Inc- LETTER COMPANY D 245 Fischer Avenue, Suite B -3 Costa Mesa, CA 92626 COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. CIO in TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY (OCCURENCE BASIS ONLY) GENERAL AGGREGATE s2,000,000 A I COMMERCIAL COMPREHENSIVE CLS270604 4/1/96 4/1/97 PRODUCTSICOMPLETED $2,000,000 OPERATIONS AGGREGATE - OWNERS & CONTRACTORS PROTECTIVE CONTRACTUAL FOR SPECIFIC PERSONAL INJURY $1,000,000 X CONTRACT X PRODUCTS /COMPLETED OPERATION EACH OCCURENCE $1,000,QOQ X XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE FIRE DAMAGE $ 50,000 P. I. WITH EMPLOYEE EXCLUSION (ANYONE FIRE) MEDICAL EXPENSES $ 5,000 REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY SINGLE LIMIT $ ANY AUTO BODILY INJURY $ A ALL OWNED AUTOS LS270604 4/1/96 4/l/97 (PER PERSON),,, III BODILY INJURY $ SCHEDULED AUTOS HIRED AUTOS (PER ACCIDENT) NON -OWNED AUTOS PROPERTY $ GARAGE LIABILITY DAMAGE EXCESS LIABILITY AGGREGATE CE UMBRELLA FORM 11111V��E�AHM OTHER THAN UMBRELLA FORM $ STATifTORY WORKERS' COMPENSATION $1,000,00 EACH ACCIDENT & B W9511045 9/1/95 9/1/96 EMPLOYERS'LIABILITY $1,000,00 DISEASE - POLICY LIMIT $1,000,00 1 DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/RESTRICTIONS /SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: 15th Street Rehabilitation« Storm Drain and Water Main Construction from Old NeYprt Blvd AN��gg�jTmyAN-D�5ftk NUMBER .xsF`- - ADDTTIONALLY INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON- RENEWED, CANCELLED OR CITY OF NEWPORT BEACH COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING P.O. BOX 1768 COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF 3300 NEWPORT BOULEVARD NEWPORT BEACH BY FIRST CLASS MA NEWPORT BEACH, CALIFORNIA -8915 .�92658 ATTENTION: I l oyd Dal ton AUTHORINI REPRESENTATIVE I'SSU9 DATE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 11 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage. 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 contained 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(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: () Commercial () Comprehensive General Liability $ 1,000,000 each occurrence $ 2,nnn,nnn aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. s /9i 9 Page 11A 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: 15th Street Rehabilitation and Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue C -2661 Project Title and Contract No. This endorsement is effective 4/20/96 at 12:01 a.m. and forms a part of Policy No. CLS270604of Nation—aT Casualty (Company Affording Coverage). Insured: Gillespie Construction Endorsement No.: 161-111HT[M I1001M, By: /? #a 461 Authorized resentati 5/91 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 12 With respect to such insurance as is afforded by the policy for Automobile 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 said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage." 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 Multiple Limits or Single Limit: 5/91 () Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability (3 Combined Single Limit Bodily Injury Liability & Property Damage Liability per person $ per accident $1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage 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. Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: 15th Street Rehabilitation and Storrs Drain and Water Main Construction from Old NomMort Boulevard to Irvine Avenue C -2661 Project Title and Contract No. This endorsement is effective 4/20/96 at 12:01 a.m. and forms a part of Policy NOCLS270604 ofNational Casualty (Company Affording Coverage). Insured: Gillespie Construction Endorsement No.: ISSUING COMPANY By: O.VP. J' Authorized Kepresentative 5/91 a A •• 91 & FIIABa MIJ V e]rl Page 13 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 4/20/96 Gillespie Construction, Inc. Date Name of Contractor (Principal) D C -2661 Contract Number Aui6oriz9W91nature and Title Terry . G,%/erje /�i�Siol�nf 15th Street Rehabilitation and Storm Drain and Water Main Construction from Old Newport Boulevard to Irvine Avenue Project Title 5/91 BY THE March 25, 1996 MAR 25 CITY COUNCIL AGENDA ITEM NO. 17 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: 15TH STREET REHABILITATION AND STORM DRAIN AND WATER MAIN CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE AVENUE - CONTRACT NO. 2661 RECOMMENDATIONS: 1. Affirm the Categorical Exemption. 2. Approve the plans and specifications. 3. Authorize Staff to advertise for bids. DISCUSSION: • The current budget contains appropriations for a cooperative project with the City of Costa Mesa to rehabilitate 15th Street from Old Newport Boulevard to Irvine Avenue and to extend a storm drain in 15th Street from Irvine Avenue to 250 feet westerly of Riverside Avenue (see attached exhibit). The project includes constructing a storm drain to intercept flow from the drainage area shown on the exhibit; removing the dip that was installed at the intersection of 15th Street and Riverside Avenue approximately 25 years ago to relieve flooding that occured along Costa Mesa's side of 15th Street; reconstructing 15th street pavement between Irvine Avenue and 250 feet westerly of Riverside Avenue; repairing and slurrying 15th Street westerly to Old Newport Boulevard; replacing defective concrete improvements within the work limits; and reconstructing concrete improvements to meet accessibility standards mandated by the Americans with Disability Act. During the design process a sidewalk along the Newport Beach side of 15th Street was considered as part of the project. To get input from the community, a nighttime meeting was held at Newport Heights Elementary School. Notices describing the sidewalk proposal were sent to the District, to various community groups, and to all owners of property adjacent to the proposed sidewalk (see attached notice). Of those who attended the nighttime meeting, three were supportive, three were neutral, and ten were opposed to the idea of a Newport Beach sidewalk. The major concerns • against the sidewalk were loss of trees, cost, loss of ambience and privacy, noise, parking, etc. Upon consultation with Council Member Glover, this option has been deleted from the project. 0 0 SUBJECT: 15TH STREET REHABILITATION AND STORM DRAIN AND WATER MAIN CONSTRUCTION • FROM OLD NEWPORT BOULEVARD TO IRVINE AVENUE - CONTRACT NO. 2661 March 25, 1996 Page 2 Certain water main work has recently been added to the project as the result of having to reject bids for constructing Reach 4 of the Groundwater Development Project. The water work is estimated at $400,000. It will be performed mainly at the Irvine Avenue and Santa Ana Avenue intersections with 15th Street, and near the Dover Drive /Cliff Drive intersection. The work will affect pedestrian, bicycle, and vehicular movement along 15th Street, and Staff has been working with the Newport-Mesa Unified School District ( NMUSD) to determine how to minimize the impact on their schools. Since most of the work can be completed during the summer months, the contract has been structured so that the disruptive work will be done during the summer recess (June 18th to September 2nd). In a further effort to minimize the exposure of students to the project, NMUSD has determined to not hold summer sessions at either Newport Heights Elementary School or Newport Harbor High School. The estimated cost of the work is $1,060,000. Of this amount, approximately $220,000 is the City of Costa Mesa's share of the cost. Adequate funds are budgeted to award a • contract of this amount. The street and storm drain portion of the work has been accepted for funding in Cycle 6 of the State /Local Transportation Partnership Program (SLTPP). This year, 5.88% of those costs (approximately $38,000) will be financed by the State. The City's contract must be awarded by June 30th, or the project (and it's funding) will be dropped from the SLTPP. The cities of Newport Beach and Costa Mesa previously executed a cooperative agreement for the design of the project. City of Costa Mesa staff has acted as design manager, thus coordinating plan and specification preparation with LIMA Engineering, Inc., of Irvine. Storm drain design costs were split 50/50, and street design costs were prorated according to the proportions of the street within each city. A second agreement has been executed for the construction portion of the project. Under the terms of the agreement, the City of Newport Beach will act as project manager, and the City of Costa Mesa will remit it's estimated share of construction costs to us upon award. After completion, the cities will make reimbursements as needed for each to pay for its respective final costs. The City of Newport Beach staff will arrange for testing, inspection, and construction engineering, the costs of which will be prorated according to each city's proportionate costs of construction. r� SUBJECT: 15TH STREET REHABILITATION AND STORM DRAIN AND WATER MAIN CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE AVENUE - CONTRACT NO. 2661 March 25, 1996 Page 3 The Environmental Affairs Committee has determined that the project is categorically exempt from the provisions of California Environmental Quality Act. Upon affirmation by the City Council, a Class 3 Notice of Exemption for the project will be filed with the County Clerk. The contract stipulates that all work shall be completed by August 29, 1996. Liquidated damages are $1,000 per day. Respectively submitted, n /)�. e1C iu Public Works Department Don Webb, Director Lloyd D ,# Design . Attachments • by ' l vw� Mike 7inacori, Utilities Engineer Ll 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 5, 1995 Subject: PUBLIC MEETING NOTICE 15th Street Rehabilitation and Storm Drain Construction from Old Newport Boulevard to Irvine Avenue (C -2661) Dear Resident, Next May, the Newport Beach City Council will consider awarding a joint contract with the City of Costa Mesa to rehabilitate 15th Street pavement and to construct a storm drain system in certain portions of 15th Street as shown on the opposite side of this letter. The improvements should improve the appearance and ride quality of 15th Street and eliminate most of the the flooding and nuisance water ponding that occurs along 15th Street. Associated with the proposed street and drainage improvements project is the question of whether to construct a walkway along the southerly (Newport Beach) side of 15th Street. There are a few locations where a walkway already exists, but for the most part, Newport Beach residents and students must cross over and use the narrow sidewalk along the northerly side of the street. Certain Newport Beach and Costa Mesa staff and council members will meet with residents and school representatives on Wednesday September 27th to respond to questions concerning the project, the walkway, and "the tre'e's and landscaping that must be removed if the walkway is to be built. The meeting will be held at 7:00 p.m. in the multipurpose room of Newport Heights Elementary School, 300 E. 15th Street at Santa Ana Avenue. You are encouraged to attend the meeting. If you cannot attend, but have questions or comments concerning the issues, please feel free to contact me at 644 -3328 or in Newport Beach City Hall. Very truly yours, Ll�bydGDalton, P.E. Project Manager 3300 Newport Boulevard, Newport Beach 0 • • n u 0 • CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 PUBLIC MEETING September 27, 1995 15th Street Rehabilitation and Storm Drain Construction from Old Newport Boulevard to Irvine Avenue (C -2661) Next May, the Newport Beach City Council will consider awarding a joint contract with the City of Costa Mesa to rehabilitate 15th Street pavement, to construct a storm drain system in certain portions of 15th Street as shown on the opposite side of this letter, and to possibly construct a sidewalk along the southerly (Newport Beach) side of 15th Street. These improvements should improve the appearance and ride quality of 15th Street, eliminate most of the flooding and nuisance water ponding that frequently occurs, and provide safe, accessible walkway for everyone's use. We anticipate that many issues and questions will be discussed at tonight's public meeting. The City wants to know how the majority of you feel about the items that are discussed. Accordingly, at the end of the discussions please write your comments below and return the bottom portion of this sheet to me before you leave the meeting. Thanks for attending and for sharing your thoughts. Lloyd Dalton P.E. Y > Project Manager (714) 644 -3328 ......... ............................... ...........................tear off here and return bottom portion................................... ............................... For the following reasons, I feel that the City of Newport Beach should _should not construct a sidewalk along the southerly (Newport Beach) side of 15th Street: Attendee 40 Home Address Telephone No. (day) evening) 3300 Newport Boulevard, Newport Beach \ o H L/ _ rX r O (J Z Z LLJ C7 / A,, IME z w LL, w z M ; \ \' 4j6" \ i CE C7- u o �v o v b 4s Ito ac La z m � � A LAJ 1 Z: O C H J b � Cif Z z C H O E+ z= 0 0 E F A 2-s �� �' Farr U 0 L TO: Mayor and Members of the City Council FROM: Public Works Department 40 March 11, 1996 CITY COUNCIL AGENDA ITEM NO. .11 SUBJECT: 15TH STREET REHABILITATION AND STORM DRAIN CONSTRUCTION - OLD NEWPORT BOULEVARD TO IRVINE AVENUE - CONTRACT NO. 2661 RECOMMENDATION: Authorize the Mayor and City Clerk to execute an agreement between the City of Newport Beach and the City of Costa Mesa for participation in construction of the 15th Street Rehabilitation and Storm Drain Project. DISCUSSION: • The City of Newport Beach and City of Costa Mesa desire to reconstruct and rehabilitate pavement on 15th Street. Toward that end, Newport Beach and Costa Mesa propose to provide concurrent construction of portions of 15th Street within both cities and to provide for payment of each city's proportionate share of the project costs. Newport Beach is serving as the 'lead agency' on the project. The street to be improved lies partly within the corporate limits of both Newport Beach and Costa Mesa. The project includes: 1) Installation of a storm drain in 15th Street from Irvine Avenue to 250 feet westerly of Riverside Avenue; and 2) Rehabilitation or reconstruction of street improvements between Irvine Avenue and Old Newport Boulevard. Funds for the project in the amount of $727,700 are included in the FY 1995 -96 Capital Improvement Program. Additionally, each city will receive a reimbursement of approximately 10% from Cycle 6 of the Caltrans State /Local Transportation Partnership Program for constructing eligible contract items and change orders. On February 20, 1996, the City Council of the City of Costa Mesa approved execution of the agreement. The agreement includes provisions for: 1) Review and approval of plans and specifications; 2) Bid advertising; 3) Review and tabulation of bids; 4) Contract award; 5) Contract administration; and 6) Financial commitments of each city. SUBJECT: 15th Street Rehabilitation and Storm Drain Construction - Old Newport Boulevard to Irvine Avenue March 11 Page 2 On March 25, 1996, staff will request approval of plans and specifications and authorization to advertise for bids. Execution of this agreement will facilitate proceeding with the project. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: u Cam- �11k 1 Luci Romero Administrative Manager Attachment: Agreement For 15th Street Rehabilitation and Storm Drain Construction - Old Newport Boulevard to Irvine Avenue • • AGREEMENT FOR 15TH STREET REHABILITATION AND STORM DRAIN CONSTRUCTION - OLD NEWPORT BOULEVARD TO IRVINE AVENUE THIS AGREEMENT is made and entered into this YOi' day of lTp,r�h 1996, by the City of Newport Beach (hereinafter referred to as "NEWPORT BEACH" and the City of Costa Mesa (hereinafter referred to as "COSTA MESA "). RECITALS A. NEWPORT BEACH and COSTA MESA desire to reconstruct and rehabilitate pavement on 15th Street from Old Newport Boulevard to Irvine Avenue, and construct a storm drain in portions of 15th Street between Riverside Avenue and Irvine Avenue (hereinafter referred to as "the PROJECT ") in accordance with engineering studies which indicate the need for such reconstruction, surfacing, and storm drain construction; and B. The street to be improved lies partly within the corporate limits of NEWPORT BEACH and partly within the corporate limits of COSTA MESA; C. NEWPORT BEACH and COSTA MESA have entered into a contract with UMA Engineering, Inc., to prepare plans and specifications for the PROJECT; and D. NEWPORT BEACH and COSTA MESA desire to provide for the concurrent construction of portions of 15th Street within both Cities and to provide for payment of each City's proportionate share of costs of the PROJECT; NOW THEREFORE, NEWPORT BEACH and COSTA MESA agree as follows: 1. COSTA MESA and NEWPORT BEACH shall review and approve the 1 0 0 1. COSTA MESA and NEWPORT BEACH shall review and approve the plans and specifications for the PROJECT prepared by UMA Engineering, Inc. Once approved by both NEWPORT BEACH and COSTA MESA, the plans and specifications will be incorporated into the NEWPORT BEACH Public Works' contract documents for which bids are solicited by NEWPORT BEACH. The Engineer's estimated cost for the PROJECT is $660,000. 2. NEWPORT BEACH shall advertise and award the construction contract for the PROJECT in accordance with the approved plans for the PROJECT, applicable State law and the Newport Beach Municipal Code. 3. NEWPORT BEACH shall provide contract administration, engineering and inspection services for the PROJECT. 4. (a) COSTA MESA shall financially participate in the PROJECT by paying for all portions of the work that will take place within the boundaries of COSTA MESA as shown on the approved construction plans, except that costs related to construction of the storm drain shall be shared 50/50 with NEWPORT BEACH. (b) After NEWPORT BEACH opens bids for the PROJECT, NEWPORT BEACH shall transmit tabulation of bids to COSTA MESA's City Engineer for review. COSTA MESA shall, within ten (10) days after receipt of the tabulation of bids, notify NEWPORT BEACH of its approval or disapproval of bid results. NEWPORT BEACH shall, in its sole discretion, thereafter, award the contract, or reject all bids. 2 0 0 (c) The bids shall separately tabulate each City's portion of the PROJECT. The cost estimate for COSTA MESA's portion of the PROJECT is $220,213 and shall not exceed $242,235. If, upon opening of bids, the lowest responsible bid for COSTA MESA's portion exceeds $242,235, NEWPORT BEACH shall agree in writing with COSTA MESA to either reduce the scope of work or COSTA MESA, at its sole discretion, may budget additional funds. 5. Upon award of a construction contract to the successful bidder, NEWPORT BEACH will forward to COSTA MESA an invoice for COSTA MESA's estimated share of construction costs. COSTA MESA's share will be calculated using the bid amounts of the contractor to whom the contract is awarded. COSTA MESA will forward its share of costs to NEWPORT BEACH within thirty (30) days of the invoice date. 6. During construction, NEWPORT BEACH shall furnish a staff engineer to administer the construction contract. COSTA MESA may also, but is not obligated to furnish their own staff engineer. COSTA MESA and NEWPORT BEACH shall cooperate and consult with each other, but directives of NEWPORT BEACH's staff engineer shall be final. 7. Any change orders deemed necessary or advisable by NEWPORT BEACH may be executed by NEWPORT BEACH, except that any change orders which may affect the construction within COSTA MESA shall first be approved, in writing, by COSTA MESA. Any changes requested by COSTA MESA may, likewise, be processed and included. COSTA MESA shall be responsible to pay COSTA MESA's share of all change orders which affect COSTA MESA's portion of the PROJECT. i forward to COSTA MESA an itemized invoice with a final accounting of the contract costs for COSTA MESA's portion of the PROJECT. Costs shall include the total amount paid to the contractor, including applicable change orders, plus COSTA MESA's proportionate share of construction engineering costs based upon actual charges. COSTA MESA shall forward COSTA MESA's share of the final costs within thirty (30) days of the invoice date. 9. COSTA MESA shall have the right to review all invoices, change orders, warrants and other related documents used in preparing the final accounting. 10. Upon recordation of the Notice of Completion, each party shall be responsible to repair and maintain all improvements which are located within its respective corporate limits. 11. COSTA MESA and NEWPORT BEACH shall cooperate to the fullest extent possible in seeing the PROJECT to completion. 12. Mutual Indemnity Provision (a) NEWPORT BEACH shall hold harmless, indemnify and defend COSTA MESA and its officers, employees and agents from and against all claims and liabilities for injury to person or property arising out of any negligent or wrongful act, error or omission of NEWPORT BEACH or its officers, employees or agents in the performance of this Agreement. (b) NEWPORT BEACH agrees to require the contractor to include COSTA MESA as an additional insured in it's insurance coverage, but in no event shall said coverage be less than the minimum required by COSTA MESA. It shall be COSTA MESA's 4 0 0 minimum required by COSTA MESA. It shall be COSTA MESA's responsibility to review the contract documents for adequacy of insurance coverage. (c) COSTA MESA shall hold harmless, indemnify and defend NEWPORT BEACH and its officers, employees or agents from and against all claims and liabilities for injury to person or property arising out of any negligent or wrongful act, error or omission of COSTA MESA or its officers, employees or agents in the performance of this Agreement. 13. This Agreement represents the full and complete understanding between NEWPORT BEACH and COSTA MESA, and all preliminary negotiations and agreements are merged in this Agreement. No verbal agreement or implied covenant may be held to vary the provisions of the Agreement. This Agreement may be modified only by written amendment signed by representatives of NEWPORT BEACH and COSTA MESA. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF NEWPORT BEACH BY: Mayor City Clerk i y SCI FOR CITY OF COSTA MESA BY: , M r City C rk a APPROVED AS TO FORM: CITY OF,,�EWPORT BEACH i BY: t Attorney RECOMMENDED FOR APPROVAL: CITY OF NEWPORT BEACH BY: a 0 Director of Public Works de /drazn.aat 2 -12 -96 0 0 CITY OF COSTA MESA BY: 14� �-I3-IC City Attorney CITY OF COSTA MESA BY: Director f Public Sarvices CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O, BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 T0: FINANCE DIRECTOR 3 FROM: CITY CLERK DATE: March 2, 1994 SUBJECT: Contract No. C -2661 Description of Contract Rehabilitation of 15th Street from Newport Boulevard to Irvine Avenue Effective date of Contract February 22, 1994 Authorized by Minute Action, approved on February 14, 1994 Contract with City of Costa Mesa Address P.O. Box 1200 Costa Mesa, CA 92628 -1200 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • 0 February 14, 1994 `,... CITY COUNCIL AGENDA rr ITEM NO. 15 •0`12 ED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: 15TH STREET REHABILITATION BETWEEN IRVINE AVENUE AND NEWPORT BOULEVARD (C -2661) RECOMMENDATION: Authorize the Mayor and the City Clerk to execute a cooperative design agreement with the City of Costa Mesa DISCUSSION: That portion of 15th Street between Irvine Avenue and Newport Boulevard is a 2 -lane local street designated by City ordinance as a "significant link ". The right of way is 70% within the City of Newport Beach and 30% within the City of Costa Mesa. • Street maintenance departments from both cities desire to improve the street surface; however, at many locations the street drains. water poorly, contains a very excessive crown, and needs curb, gutter and sidewalk construction or reconstruction to eliminate deficiencies. Consequently, engineering staffs from both cities desire to prepare plans and specifications for a rehabilitation project for the street. The proposed project would correct all of the deficiencies mentioned above, plus provide a structurally adequate new roadbed. Plans and specifications for the project would be prepared by a consulting engineering firm. The consultant would also provide a preliminary cost estimate and design for walkway construction that may meander along the southerly (Newport Beach) side of 15th Street where none presently exists. To date, discussions within the community have not concluded with a consensus opinion of the southerly walkway issue. • The City of Costa Mesa has agreed to act as lead agency for the project. (The City of Newport Beach acted as lead agency for the previous cooperative street rehabilitation project on Irvine Avenue with the City of Costa Mesa.) Costa Mesa's staff has requested design qualifications from 6 firms, held interviews with representatives of the top 3 firms, and negotiated an acceptable proposal from the firm considered most desirable to do the work. That firm is known as UMA Engineering, Inc. 0 • SUBJECT: 15TH STREET REHABILITATION BETWEEN IRVINE AVENUE AND NEWPORT BOULEVARD (C -2661) February 14, 1994 Page 2 UMA's proposal provides for records research; pavement • and geotechnical testing; topographical surveying; utility coordination; preparing a drainage study; preparing preliminary and final plans, specifications and cost estimates (PS &E); attending meetings with city staffs; and reproduction. UMA's total fee is not to exceed $43,500, of which the City of Newport Beach would pay 70 %, or $30,450. Adequate funds are available in the Street and Alley Resurfacing and Reconstruction Program appropriation to pay for the City's portion of the design fee. UMA's fee schedule is attached for reference. During the review of preliminary PS &E, the City of Newport Beach will have the opportunity to approve or delete the construction of the southerly walkway from the contract. Upon approval of the preliminary PS &E by both cities, UMA will prepare final PS &E, including traffic control, signing, and striping plans. Barring unforseen circumstances, all final PS &E should be completed by the end of summer. The project's construction cost is anticipated to total approximately $500,000. Each City's portion will be computed directly from construction quantities. The City's anticipated cost • of construction, including the optional walkway, will be approximately $350,000. A request for appropriation of $350,000 has been submitted for the FY 1994 -95 budget. Staff from both cities recommend submitting the project for State -Local Transportation Partnership Program funds. SLTPP contributions have varied from 21 -30% through the 4 cycles of the program. Staff estimates that the SLTPP would return approximately $70,000 to City coffers upon completion of construction. Benjamin B. Nolan Public Works Director LD:so • Typists, Word Processors .. ............................... $ 30.00/$x. Technician ........... ............................... $ 40.00/Hr. Drafter .............. ............................... $ 46.00/Hr. CAD Operator ......... ............................... $ 55.00/Hr. Design Drafter ......... ............................... S 58.00/Hr. Design Engineers ....... ............................... $ 62.00/Hr. Project Engineers ....... ............................... S 70.00/Hr. Senior Project Engineers ... ............................... S 78.00/Hr. Project Managers ....... ............................... S 85.00/Hr. Senior Project Managers ... ............................... $ 90.00/Hr. Engineering Manager ..... ............................... $100.00/$1. Branch Manager ........ ............................... $115.00/Hr. FIELD PERSONNEL: • Two-Man Survey Party, including Truck and Equipment .......................... I ............... 5135.00/Hr. Three ,fan Survey Party, including Truck and Equipment ........... ............................... 5170.001Hr. C.A.D.D. Work Station/Plotter .............................. S 25.00/Hr. Computer Time ........ ............................... S 16.00/Hr. Telefax ................... I ........................ S 2.00/Pg. Electronic Distance Measuring Equipment (E.D.M.) ................. S 55.00/Hr. Survey Trucks ......... ............................... $ 0.50/Mile Other Vehicles ......... ............................... S 0.30/Mile • Outside services and consultants are billed at direct casts plus 15%. Blueprints, reproduction, messenger service, subsistence, travel and other expenses are billed at direct cost plus 10 %. Terms are net 30 days with 1 I % per month interest charges. The above schedule is for straight time hours. AGREEMENT FOR ENGINEERING DESIGN FOR REHABILITATION OF 15TH STREET FROM NEWPORT BOULEVARD TO IRVINE AVENUE. � his Agreement is made and entered into this 1994, by and between the MESA, a munici 1 corporation, ( "Costa Mesa ") and NEWPORT BEACH, a municipal corporation ( "Newport WITNESSETH: as "-&- day of CITY OF COSTA the CITY OF Beach "). WHEREAS, the cities of Costa Mesa and Newport Beach desire to enter into an agreement to hire a consultant engineer to prepare plans and specifications, conduct site surveys and perform materials testing (the Engineering Contract) for the rehabilitation of 15th Street between Newport Boulevard and Irvine Avenue, (the "PROJECT ") in accordance with field review from both cities which indicate the need to maintain the street's integrity and correct deficiencies in structural sections, pavement, crown, drainage, curbs and gutters, sidewalks; and WHEREAS, the right -of -way for street to be improved lies thirty percent (30 %) within the corporate boundaries of Costa Mesa and seventy percent (70 %) within the corporate boundaries of Newport Beach; and WHEREAS, the parties hereto desire to provide for the ultimate concurrent construction of 15th Street within each city's corporate jurisdiction and the payment of each city's proportionate share of the costs of engineering fees; NOW, THEREFORE, the parties agree as follows: 1. Costa Mesa shall be the lead agency for design of the PROJECT and is authorized to confer with the consulting engineer relative to the plans, specifications, materials testing, site survey and estimate for the total PROJECT in accordance with standard engineering practices. Newport Beach shall have the right of approval of all plans, specifications and cost estimate prepared by consultant engineer for that portion of the PROJECT within Newport Beach. 2. Costa Mesa shall award the Engineering Contract for the PROJECT in accordance with State and local laws. 3. Costa Mesa shall administer the Engineering Contract and shall supervise all work performed. 4. Mutual Indemnity Provision: (a) Costa Mesa shall hold harmless, protect, indemnify and defend Newport Beach and its officers, agents and employees from and against all claims, expenses and liabilities for injury to person or property arising out of any negligent or wrongful act, error or omission of Newport Beach or its officers, agents, and employees in the performance of this Agreement. (b) Newport Beach shall hold harmless, protect, indemnify and defend Costa Mesa and its officers, agents and employees from and against all claims, expenses and liabilities for injury to person or property arising out of any negligent or wrongful act, error or omission of Costa Mesa or its officers, agents, and employees in the performance of this Agreement. 5. Newport Beach and Costa Mesa do hereby waive all claims and demands against each other for any loss, damage or injury of any kind or character to any person or property, arising out of the design of the PROJECT,or from any act or omission of either city's agents, officers or employees, except to the extent occasioned by the sole negligence or willful misconduct of the parties or any agent or employee thereof. 6. The Engineering Contract fees for the PROJECT shall be borne and paid for by the parties hereto in proportion to the amount of right -of -way area within the PROJECT limits for each city. The proportionate shares of the Engineering Contract fees are estimated to be as follows: Costa Mesa, thirty percent (30 %) and Newport Beach, seventy percent (70 %). 7. Upon award of contract to the most qualified consultant engineer, Costa Mesa will forward a copy of the agreement to Newport Beach, together with an invoice for Newport Beach's estimated costs for the design engineering services to be performed as set forth in paragraph 1. Payment shall be made by Newport Beach to Costa Mesa within thirty (30) days of invoice date. a. In the event of changes to the engineering contract resulting in additional costs to the parties, Costa Mesa shall forward documentation of such changes and the estimated charges for same to Newport Beach for prior written approval of its share. 9. Upon completion of the PROJECT, Costa Mesa will forward to Newport Beach an itemized invoice setting forth the allocation of costs for PROJECT design due from Newport Beach. Appropriate final cost adjustments will be made within thirty (30) days after date of invoice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF COSTA MESA By: Mayor of the City of Costa Mesa By:l �-� City CT of the City o Costa Mesa APPROVED AS TO FORM: CITY OF NEWPORT BEACH By(j Mayor offhe City of New each By: (L,:, City Clerk of t City of Newport FORM: CI City Attorney of the Crty Attorney of the City of Costa Mesa City of New0brt Beach r_ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF COSTA MESA By: Mayor of the City of Costa Mesa By:l �-� City CT of the City o Costa Mesa APPROVED AS TO FORM: CITY OF NEWPORT BEACH By(j Mayor offhe City of New each By: (L,:, City Clerk of t City of Newport FORM: CI City Attorney of the Crty Attorney of the City of Costa Mesa City of New0brt Beach CITY OF COSTA MESK CALIFORNIA 92626 -1200 P.O. BOX 1200 FROM THE OFFICE OF THE CITY CLERK February 24, 1994 City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Gentlemen: Enclosed is a fully executed copy of the agreement between you and the City of Costa Mesa for design services for the rehabilitation of 15th Street between Newport Boulevard and Irvine Avenue. The agreement was approved at the City Council meeting held on February 22, 1994. Very truly yours, MARY T. ELLIOTT C Deputy City Clerk MTE /cr cc: Public Services Engineering Division �. IV­ L) 77 FAIR DRIVE • (714) 7545223