HomeMy WebLinkAboutC-2181 - Jasmine Creek Storm Drain Phase I0 4
October 30, 1981
John T. Malloy, Inc.
606 N. Larchmont
Los Angeles, CA 90004
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
Subject: Surety: Ohio Casualty Insurance Co.
Bonds No.: 2 -160 -924
Project: Jasmine Creek Storm Drain, Phase I
Contract: C -2181
The City Council on October 13, 1981, accepted the work of
subject project and authorized the City Clerk to file a
Notice of Completion and to release the bonds 35 days after
Notice of Completion has been filed.
Notice of Completion was filed with the Orange County
Recorder on October 22, 1981 in Book No. 14,266,Page 30.
Please notify your surety company that the bonds may be
released 35 days after recording date.
Wanda E. Andersen
City Clerk
WEA:lr
cc: Public Works Dept.
File
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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NOTiCF. OF COMPi,F.TION
PUBLIC WORKS
HCONO[O IN OFFICIAL KCOM
OF ORM COUNTY. CALIFORNIA
.gzs PM OCT22'81
LEE A. WWCH, CouOtY Recorder
'I o All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on October 13, 1981
the Public Works project consisting of Jasmine Creek Storm Drain, Phase___
(C -2181)
on which John T. Mallov, Inc., 606 N. Larchmont, Los Angeles, CA 90004
wasth n and Ohio Casualty Insurance
was el completed.
J: OF NEWPORT BFACH
v
C
Public Works Director
VERIFICATION
1, the undersigned, say:
I am the Public Works Director of the City of Newport Beach; the foregoing
Notice of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 20, 1.981 at Newport Beach, California.
l
Public Vorks Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on October 13, 1981 accepted the above described work as
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 20, 1981 at Newport Beach, California.
City Clerk (Deputy)
NOTTCF: OF COMF`I.ETION
PUBLIC WORKS
to All Laborers and Material Men and to Every Other Person Interested
YOU WILL PLEASE TAKE NOTICE that on October 13, 1981
the Public Works project consisting of Jasmine Creek Storm Drain, Phase__
(C -2181)
on which John T. Malloy, Inc., 606 N. Larchmont, Los Angeles, CA 90004
was the contractor, and Ohio Casualty Insurance Co.
was the surety, was completed.
VERIFICATION
I, the undersigned, say:
JClY:0F,.,NEWPORT BFACH
�
Public Works Director
I am the Public Works Director of the City of Newport Beach; the foregoing
Notice of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 20, 1981 at Newport Beach, California.
<_ l / -
Public .'Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on October 13, 1981 accepted the above described work as
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 20, 1981 at Newport Beach, California.
Y`.' 76
City Clerk (Deputy)
6 0
October 20, 1981
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
Attached for recordation is Notice of Completion for Public
Works project consisting of Jasmine Creek Storm Drain, Phase
I, Contract No. C -2181 on which John T. Malloy, Inc, was the
Contractor and Ohio Casualty Insurance Co. was the surety.
Please record and return to us.
Irene Butler
Deputy City Clerk
IB:1r
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
QS COTre� Ohllr� AL
October 13, 1981
Or, T 13 1981 CITY COUNCIL AGENDA
By the CITY COUNCIL ITEM N0.
TO: CITY COUNCIL CITY OF NEWPORT BEACH
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF JASMINE CREEK STORM DRAIN, PHASE I (C -2181)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after
Notice of Completion has been filed.
DISCUSSION:
The contract for the construction of the Jasmine Creek Storm Drain
Phase I has been completed to the satisfaction of the Public Works Department.
The bid price was $432,824.00
Amount of unit price items constructed 430,547.00
Amount of change orders 16,437.10
Total contract cost 446,984.10
Funds were budgeted in the General Fund.
Approximately half of the project cost was paid by the Orange
County Flood Control District.
Eight change orders were issued. The first and second in the
amount of $2,198.06 provided for the removal of an existing 12 -inch pipe and
concrete headwall encountered in the trench. The third, in the amount of
$500.00 provided for the connections to the new drain of two existing 8 -inch
drains. The fourth, in the amount of $1,352.62 provided for removal of an
additional portion of an existing concrete structure at the connection point
of the new drain. The fifth, in the amount of $2,784.05, provided for additional
shoring, trenching, and damage repair required due to the breaking of a 6 -inch
water main, the existence of which was not known. The sixth, in the amount of
$2,000.00 provided for the replacement of two asphalt drive approaches with
concrete. The seventh, in the amount of $2,954.76, provided for the construction
of a new 6 -inch water main westerly of Goldenrod Avenue. The eighth, in the
amount of $3,647.61, provided for the replacement of broken existing concrete
improvements in the vicinity of the project and seal coating of utility trenches.
The design engineering was performed by ASL Consulting Engineers
of Santa Ana.. The contractor is John T. Malloy of Los Angeles.
The contract date of completion was August 25, 1981. The work was
completed on August 20, 1981. Acceptance has been delayed pending restoration
A the landscapingride Drive park.
amin B. Nolan
Public Works Director
GPD:rb
May 5, 1981
lr--.j
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
FROM: Citv Clerk
SUBJECT: Contract No. 2181
Description of Contract Jasmine Creek Storm Drain,
Phase I
Effective date of Contract May 5th, 1981
Authorized by Resolution No. 10,026 , adopted on 3 -27 -81
Contract with John T. Malloy, Inc.
Adress 606 N. Larchmont
Los Angeles, CA 90004
Amount of Contract $ 432,824.00
Wanda E. Andersen
City Clerk
WEA:bf
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
by. the .City Counci:T'. °:
jT -day o _MEP ,1981;
: -.,...
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i
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
JASMINE CREEK STORM DRAIN, PHASE I
CONTRACT NO. 2181
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
Page la
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro-
poses to furnish all materials and do all the work required to complete Contract No. 2181
in accordance with the Plans and Special Provisions, and will take in full payment therefor.
the following unit prices for the work, complete in place, to wit:
TEM
NO..
QUANTITY
AND UNIT
ITEM DESCRIPTION
UNIT PRICE WRITTEN IN
WORDS
UNIT
PRICE
TOTAL
PRICE
1.
Lump Sum
Mobilization and clearing
including
removals as required
Twenty Thousand
Dollars
No
and
Cents
$ 20,000.00
$ 20,000.00
Per Lump Sum
2.
716
Install 60 ".R.C.P.
Lineal Feet
@ One Hundred Ninety-Five
Dollars
and
No
Cents
$ 195.00
$139,620.00
Per Lineal Foot
3. 648 Install 57" R.C.P.
Lineal Feet
One Hundred Ninety Dollars
and
No Cents $ 190.00 $123,120.00
Per Lineal Foot
4. 21 Install 48" R.C.P.
Lineal Feet
One Hundred Eighty -Five Dollars
and
nir; Cents
Per Lineal Foot $ 185,00 $ 3,885.00
Page lb
1 1
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
5. 107 Install 18" R.C.P.
Lineal Feet
@ Seventy -Five Dollars
and
No Cents.. $ 75.00 $ 8,025.00
Per Lineal Foot
6. 2 Construct Manhole No. 2 per City
Each of Newport Beach Std. 307 -L
@ Two Thousand Eight Hundred Dollars
and
No Cents $ 2,800.00 $ '5,600.00
Each
7. 2 Construct Manhole No. 4 per City
Each of Newport Beach Std. 308 -L
@ Four Thousand Two Hundred Dollars
and
No Cents $ 4,200.00 $ 8,400.00
8. 1 Construct curb inlet L =5.0' per
Each City of Newport Beach Std. 305 -L
@ Two Thousand Two Hundred Dollars
and
No Cents $ .2,200.00 $ 2,200.00
Each
9. 1 Construct curb inlet L =10.0' per
Each City of Newport Beach Std. 305 -L
@ Two Thousand Six Hundred Dollars
and
No Cents $ 2;600.00 $ 2,600.00
Each
10. 1 Construct curb inlet L =12.0' per
Each City of Newport Beach Std. 305 -L
@ Two Thousand Seven Hundred Dollars
and
No Cents $ 2,700.00. $ 2,700.00
Each
11. 1 Construct curb inlet L =20.0' per
Each City of Newport Beach Std. 305 -L
@ Three Thousand Five.Hundred Dollars
and
No Cents $ 3,500.00 $ 3,500.00
Each
0
i r
Page 1c
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE. PRICE
12.
Lump Sum
Guarding underground
construction
@ Three Thousand Five
Hundred
Dollars
and
No
Cents
Per Lump Sum
13.
Lump Sum
Traffic control
@ One Thousand
Dollars.
and
No
Cents
.Per Lump Sum
14.
2
Construct pipe collar
per City
Each
of Newport Beach Std.
313 -L
@ Five Hundred
Dollars
and
No
Cents
Each .
15.
Lump Sum
Construct brick and mortar-bulk-
head
$ 3,500.00 $ 3,500.00
$ 1,000.00 $ '1,000.00
$ 500.00 $ 1,000.00
@ Three Hundred Dollars
and
No Cents $ 300:00 $ 300.00
Per Lump Sum
16. 360 Construct 8" A.C. water main
Lineal Feet
@ Seventeen Dollars
and
No Cents $.. 17.00 $ .6,120.00
Per Lineal Foot
17. 14,500 Construct asphaltic concrete
Square Feet sealant in Bayside Park
@ Zero Dollars
and
Twenty Cents $ .20 $ .2,900.00
Per Square Foot
Total Price Written (Phase I without ADDITIONAL BID ITEMS):
Three Hundred Thirty -Four Thousand Four Hundred SeventyDollars
and
No Cents $ 334.470.00
Page Id
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
[E.
19
20
21.
22
23
24
ADDITIONAL BID ITEMS
(To be bid by all Contractors)
93 Install 54" R.C.P.
Lineal Feet
@ Two Hundred Seventy -Eight Dollars
and
No Cents $ 278.00' $ 25,854.00
Per Lineal Foot
40 Install 30" R.C.P.
Lineal Feet
@ One Hundred Dollars
and
No Cents $ 100.00 $ 4,000.00
Per Lineal Foot
1 Construct pipe collar per City
Each of Newport Beach Std. 313 -L.
@ Five Hundred Dollars
and
No Cents $ 500.00 $ 500.00
Each
2 Construct Manhole No. 2 per City
Each of Newport Beach Std. 307 -L.
@ Three Thousand Dollars
and
No Cents $ 3,000.00 $ 6,000.00
Each
130 Jack 54" R.C.P.
Lineal Feet
@ Four Hundred Fifty Dollars
and
No Cents $ 450.00 $ 58,500.00
Per Lineal Foot
Guarding Underground Construction
Lump Sum
@ Two Thousand Dollars
and
No Cents $ 2,000,00 $ 2,000.00
Lump Sum
State of California Permit, Traffic
Lump Sum Control. and Inspection
@ One Thousand Five Hundred Dollars
and
No Cents $ .11500.00 $ 1,500.00
Lump Sum
Page le
Total Price Written Words (Phase I with ADDITIONAL BID ITEMS):
Four Hundred
Thirty Two Thousand Eight Hundred Twenty Four Dollars
and
No Cents $ 432,824.00
John T: Malloy &
Contractor's License No. 391693 A John T. Malloy, Inc. A JT. Venture
Bidders Name
Date April 15, 1981 Is John T. Malloy Ownelp/V.P.
Authorized Signature /Title
Bidder's Address 606 N. Larchmont, Los Angeles, California 90004.
Bidder's Telephone No. (213) 464 -2705
1
i
0 INSTRUCTIONS TO BIDDERS * Page 2
The attached bid documents shall`be completed, executed and received by the City
Clerk in accordance with NOTICE INVITING BIDS:
Page 1. PROPOSAL
2. INSTRUCTIONS' TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (sum not .less that 10% of total bid price for
Phase I.with Additional Bid Items)
5. NON- COLLUSION AFFIDAVIT
6. STATEMENT OF FINANCIAL RESPONSIBILITY
" 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less that 10% of the
total bid.price for Phase I with Additional Bid Items) may be received in lieu of
the BIDDER'S BOND. The title of the project and the words SEALED BID shall be
clearly marked on the outside of the envelope containing the bid.
Bids shall not be received from bidders who are not licensed in accordance with
the provisions of Chapter 9, Division III of the Business and.Professions' Code. The
low bidder shall also possess a City of Newport Beach business license prior to exe-
cution of contract.
Bids are to be computed upon the 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 total.s.
The City shall not beheld responsible for bidder errors or omissions in the PROPOSAL.
Quantities indicated in the PROPOSAL are approximate and given solely to allow the.
comparison of total bid prices.
Contract documents shall bear signatures and.titles of persons authorized to
sign on behalf of the bidder. For corporations, the signatures shall be of the
President or Vice President. For partnerships, the signatures.shall be of a general
partner. For sole ownership, the signature shall be of the owner:
In accordance.with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages
in the locality in which the work is to be performed for each craft, classification,
or type of workman or.mechanic needed to execute the contract. A copy of said deter-
mination 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 prevail=
ing wage rates (Sections 1770 -7981 inclusive).. The Contractor shall be responsible
for compliance with Section 1777.5 of the California Labor Code for all apprentice -
able occupations. .
The City of Newport Beach reserves the right to award contract items Nos. 1
through 17 only; however, bidders shall bid contract items Nos. ,l through 24.
Bidders are informed of City of Newport intent to advertise for bid, on or about
June 1, 1981, a.1,000 LF reach of 54" RCP upstream of Station 16 +31.95. Copies of
this proposed contract may be previewed at the office of the Public Works Department.
391693 A
Contr's.Lic. No. ,& Classification
April 15, 1981
Date
John T. Malloy &
John.T. Malloy Inc. a JT. Venture
Biddepr�r(
is John T. Malloy
Authorized Signature /Title
I I
0
DESIGNATION OF SUBCONTRACTOR(S)
Page 3
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer and as provided by State law.
Item of Work Subcontractor Address
1. Structures Robert B. Longway Hacienda Heights
2. Jacking Elmore Sylmar
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
John T. Malloy
Bidder
John T. /s/ .
Authorized Signature/Title
OR ORIGINAL SEE CITY CLERK'S FIOCOPY Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, John T. Malloy & John T. Malloy, Inc., A JT. Venture , as bidder,
and Ohio Casualty Insurance Company as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten percent (10 %) of the amount bid in Dollars ($ 10% ),
lawful money of the United States for the payment of which sum well and truly
to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of
Jasmine Creek Storm Drain, Phase I 2181
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and
if the above bounden bidder shall duly enter into and execute a contract for
such construction and shall execute and deliver the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days
(not including Saturday, Sunday, and Federal holidays) from the date of the
mailing of a notice to the above bounden bidder by and from said City that said
contract is ready for execution, then this obligation shall become null and
void; otherwise it is and shall remain in full force and effect, and the amount
specified herein shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an indi-
vidual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 15th day
of April 19 81
John T. Malloy &
John T. Malloy Inc., A JT. Venture
Bidder
(Attach acknowledgement of
Attorney -in- Fact)
/s/ John T. "Malloy
Patricia Haran, Notary Public Authorized Signature /Title
ommission Expires
April 19, 1982
Ohio Casualty Insurance Company
Surety
Bys /S. M. Greger
Title Attornev -In -Fact
0 0
NON - COLLUSION AFFIDAVIT
Page 5
The bidder, by its officers and agents or representatives present at the time
of filing this bid, being duly sworn on their oaths, say that neither they nor
any of them have, in any way, directly or indirectly, entered into any arrange-
ment or agreement with any other bidder, or with any public officer of such
CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has
paid or is to pay to such bidder or public officer any sum of money, or has
given or is to give to such other bidder or public officer anything of value
whatever; or such affiant or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the attached bids; that no bid has been
accepted from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the bidder from con-
sidering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman
from submitting bids to a bidder who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be sug-
gested, offered, paid or delivered to any person whomsoever to influence the
acceptance of the said bid or awarding of the contract; nor has the bidder
any agreement or understanding of any kind whatsoever with any person whomso-
ever to pay, deliver to, or share with any other person in any way or manner,
any of the proceeds of the contracts sought by this bid.
John T. Malloy &
John T. Malloy Inc., A JT. Venture
/s/ John T. Malloy
Authorized Signature /Title
Subscribed and sworn to before me
this 15th day of April ,
1981 .
My commission expires:
1 19, 1982 /s/ Patricia Haran
Notary Public
• • Page 6
FOR ORIGINAL SEE CITY CLERK'S FILE COPY
STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his financial responsibility
or agrees to submit a statement within 1 work day after the bid opening if
the undersigned is the apparent low bidder.
John T. Malloy
Bidder
/s/ John T. Malloy
Authorized Signature Tit e
i
• • Page 7
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
Completed
For
Whom Performed (Detail)
Person to Contact Telephone No._
1981
City
of Newport Beach
Lido Soud Sewer
1980
City
of Newport Beach
Jasmine Creek Drain
1980
City
of Newport Beach
Harbor Island Sewer
John T. Malloy
Bidder
/s/ John . Malloy
ut orizTed Signature /Tit e
NOTICE
Page 8
The following are samples of contract documents which shall be
completed and executed by the successful bidder after he receives a
letter of award from the City of Newport Beach:
PAYMENT BOND (pages 9 & 10)
FAITHFUL PERFORMANCE BOND (pages 11 & 12)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13,14 & 15)
CONTRACT (pages 16 & 17)
Since the City of Newport Beach will not permit a substitute
format for these contract documents, bidders are advised to review
their content with bonding, insuring and legal agents prior to sub-
mission of bid.
All costs associated with the specifications.of these contract
documents shall be absorbed in the bid. Such specifications shall
include those contained in (1) each contract document and (2) the
It S ecifications for Public Works Construction (latest edition
adopte or use in the uIty ot Ve-w-p—or-t-b-i-a-cTiT, except as supplemented
or modified by the Special Provisions for this project.
I. s Page 9
PAYMENT BOND BOND NO..X:.1.G.Q 9a
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted April 27, 1981,
has awarded to JOHN T. MALLOY, INC.
hereinafter designated as the "Principal ", a contract for
Jasmine Creek Storm Drain. Phase I (C -2181)
in the City of Newport Beach, in strict conformity with the Drawings and Specifications .
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond with said contract, providing that if
said Principal or any of his or its subcontractors, shall fail to pay for any materials,
provisions, provender, or other supplies or teams used in, upon, for, or about the per-
formance of the work agreed to be done, or for any work or labor done thereon of any
kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We r JOHN T. MALLOY, INC.
as Principal, and OHIO CASUALTY INSURANCE COMPANY
as Surety; are held firmly bound unto the City of Newport Beach., in the sum of gilt/'
l lars ($ 36M "w zoo
said sum being one -half of the estimated amount payable by the City of Newport Beach
under the terms of the contract, for which payment well and truly to be made we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or
his subcontractors, fail to pay for any materials, provisions, provender, or other
supplies or teams, used in, upon, for, or about the performance of the work contracted
to be done, or for any other work.or labor thereon of any kind or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, that the
Surety or Sureties will pay for the same, in an amount not exceeding the sum specified
in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's
fee, to be fixed by the Court as required by the Provisions of Section 4204 of the
Government Code of the State of California.
This bond shall inure to the benefit of an and all
y persons, companies, and
corporations entitled to file claims under Section 3181 of the California Civil Code
so as to give a right of action to them or their assigns in any suit brought upon
a
T ' r Page 10
Payment Bond (Continued)
this bond, as required by the Provisions of Section 4205 of the Government Code of
the State of California.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or the specifications accompanying the same shall in
any wise affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alterations or additions to the terms of the contract
or to the work or to the specifications.
In the event that any principal above named executed this bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from
its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 30 day of APR 19 1981
Approved as to f rm:
,City Attorney
., JOAN T. 1150Y, M - (Seal )
Name of Contractor Principal - -
94 XL- T.
'Authorized Signature and it e
Authorized Signature and Title
`{.o iaa if190 gent
GLENDALE, CA 91209
Te ep one No. of Agent
Y
4
E
AFFIDAVIT OF ATTORNEY -IN -FACT FOR SURETY
STATE OF ...,Cali forn_i a„ ... ...............................
S5.
COUNTY OF . Los. Am4jeles .............._..._............
On thisA9. ...... day of ..................... AP.ri.., ................,,. ............................... 19..$l., before me
.............T:. L. O'Loughlin Attorney -in -fact,
personally appeared ......................... ........ ............l i n
of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in ...... Gl. cmda1e... CA ............................; that he is the
Attorney -in -fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instrument as Attorney -in -fact of said cor-
poration by like order. 11 1
My Comini ires.PATRICIA HARAN
a
��*; \; NOTARY PU ELIC
Form S -170
®c:i`.�:: �'+ STATE OF CALIFOF.NIA
PtZINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires April 19, 1982
... ....... '.......
Nomry Fubhc.
* AIMIUM ON THIS 80111 Page 11
its S' !ems
FAITHFUL PERFORMANCE BOND BOND NO..
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted April 27, 1981
has awarded to JOHN.T. MALLOY, INC.
hereinafter designated as the "Principal ", a contract for
Jasmine Creek Storm Drain Phase I (C -2181)
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond for the faithful performance of said
contract;
NOW, THEREFORE, We, a JOAN T. MALLOY, MO.
as Principal, and OHIO CASUALTY INSURANCE COWAW
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of4ar
llars
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney,.its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents..
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
'. , ' ,
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Page 12
Faithful Performance Bond (Continued)
of any such change, extension of time, alterations or additions to the terms of the.
contract or to the work or to the specifications.
In the event that any principal above named executed this bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from
its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
.Surety above named, on the so day of AM , 19 1981
Approved as to form:
City Attotney
r
s JOHN T. MALLOY INC (Seal
Name of Contractor (Principal)
Authorized Signature a d Title
Authorized Signature and Title
OHIO CASUALTY INSURANCE COMPANY (Seal )
Name of Surety
ChL 414,01 ..............
Address of Surety
'Si nat re and Title o ut or ;Agent~
Tl'' ATT M4UV '
Address of gent
Y.O. BOX 10190
=XrALE, CA 91209
(2 3) 240 -4310.
Telephone No. of Agent
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iCERTIFICATE OF INSURANCE ! Page 13
CERTIFICATE HOLDER
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
606 North Larchmont Blvd, #306 f
Los Angeles, CA 90004
INSURANCE COMPANIES AFFORDING COVERAGES
A AETNA CASUALTY & SURETY COMPANY
This is to certify that policies of insurance listed below have been issued to the insured named
above and are in force at this time, including attached endorsement(s).
COMPANY
Policy
Policy
LIMITS OF LIABILITY IN THOUSANDS 000
LETTER
TYPE OF INSURANCE
No.
E.
Each
Date
Occurrence Aqqreqate
GENERAL LIABILITY
® Comprehensive Form
Bodily Injury
$
$
® Premises - Operations
Z Explosion & Collapse Hazard
Property Damge
$
$
A
Q Underground Hazard
[Y1 Products /Completed - Operations
Hazard
B3GL104
704
4 -1 -82
Bodily Injury
fy� Contra ctuaI Insurance
and Property
$ 500
$ 500
® Broad Form Property Damage
Damage Combined
p Independent Contractors
Lxl Personal Injury
Personal Injury
$ 500
0 Marine
❑ Aviation
AUTOMOTIVE LIABILITY
IJ Comprehensive Form
Bodily Injury
Each Person
$
A
[x] Owned
3FJ100
164
4 -1 -82
$
\
Bodily Injury
Each'Occurrence
Property Damage
$
® Hired
\.�
Bodily Injury and
29 Non -owned
Property Damage
Combined
$ 500
;N
EXCESS LIABILITY
® Unbrella Form
A Other than Umbrella Form
3X6-
10672
4 -1 -82
Bodily Injury
and Property
Dama a Combined
$ 11000
$ 1,000
WORKERS' COMPENSATION
1 EMPLOYER'S LIABILITY
3CK955
4 -1 -82
Statutory
100
ac
Accident
NOTE: The Comprehensive General Liability or (and) Automotive Liability policy(s) is (are)
endorsed with the attached City of Newport Beach Endorsement(s).
CANCELLATION: Should any of the above described policies be cancelled or coverage,reduced
before the expiration date thereof, the Insurance Company affording coverage
shall provide 30 days' advance notice to the certificate holder by mail,
RuV I` OU d'" MULL -j"y 4/30/81
By s Agency: P.O. BOX ;0190
utho i ed Representative Date Issued
GLE;;D,,.LE, CA 9109
Description of operations /locations /vehicles: All operations performed for the City of Newport
Beach by or on behalf of the named insured in connection with the following designated contract:
JASMINE CREEK STORM DRAIN, PHASE I CONTRACT NO. 2181
Project title and contract number
NOTICE: This certificate or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which this certificate or verification of insurance may be issued or may
pertain, the insurance afforded by the policies described herein is subject to all
the terms, exclusions and conditions of such policies, including attached endorsements.
r
. Page 14
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
With respect to such insurance as is afforded by the policy for Bodily Injury and
Property Damage Liability, the City of Newport Beach, its officers and employees are
additional insureds but only with respect to liability for damages arising out of
the ownership, maintenance or use of automobiles (or autos) used by or on behalf of
the named insured in connection with the contract designated below. The insurance
extended by this endorsement to said additional insured does not apply to bodily
injury or property damage arising out of automobiles (1) owned by or registered in
the name of an additional insured, or (2) leased or rented by an additional insured,
or (3) operated by an additional insured. The insurance afforded the additional
named insured(s) shall apply as primary insurance and no other insurance maintained
by the City of Newport Beach will be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured
who is seeking coverage or against whom a claim is made or suit is brought,
except with respect to the limits of the Insurance Company's liability."
3. The limits of liability under this endorsement for the additional insureds named in
paragraph 1 of this endorsement shall be the limits indicated below for either Multi-
ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate
box.
( ) Multiple Limits
Bodily Injury Liability
Property Damage Liability
( X) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
$ 500,000.
each occurrence
ach occurrence
each occurrence
The limits of liability as stated in paragraph 3 of this endorsement shall not in-
crease the total liability of the Insurance Company for all damages as the result of
any one accident or occurrence in excess of the limits of Liability stated in the
policy as applicable to Automobile Liability Insurance.
4. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department.
5. Designated Contract: JASMINE CREEK STORM DRAIN, PHASE I - CONTRACT NO. 2181
Project Title and Contract No.).
This endorsement is effective 4 -30 -81
Policy No.83FJ100164
Named Insured JOHN T. MALLOY, INC.
at 12:01 A.M. and forms a part of
Name of Insurance Company AETNA CASUALTY & SURETY CO.
Endorsement No.
sentative
P.U. box 19190
CA 209
0
CITY OF NEWPORT BEACH
• Page 15
COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Comprehensive General
Liability, the City of Newport Beach, its officers and employees are additional in-
sureds but only with respect to liability arising out of operations performed by or on
behalf the named insured in connection with the contract designated below or acts
and omissions of the City of Newport Beach in connection with its general supervision
of such operations. The insurance afforded said additional insured shall apply as
primary insurance and no other insurance maintained by the City of Newport Beach will
be called upon to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
Insurance Company's liability."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to
the terms, conditions and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision con-
tained in the written contract, designated below, between the named insured and the
City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU "hazards) are deleted.
S. The limits of liability under this endorsement for the additional insured named in
paragraph I of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit, whichever is indicated by the letter X in the appropriate box.
( ) Multiple Limits
Bodily Injury Liability $
Property Damage Liability $
(X) Single Limit
Bodily Injury Liability $
and
Property Damage Liability
Combined
each occurrence
each occurrence
500,000, each occurrence
The applicable limit of the Insurance Company's liability for the insurance afforded
for contractual liability shall be reduced by any amount paid as damages under this
endorsement in behalf of the additional insureds.
The limits of liability as stated in this endorsement shall not increase the total
liability of the Insurance Company for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as applicable to Comprehen-
sive General Liability Insurance.
6. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department
7. Designated Contract: JASMINE CREEK STORM DRAIN, PHASE I - CONTRACT NO. 2181
Project Title and Contract No.
This endorsement is effective 4 -30 -81
Policy No. 83GL104327
Named Insured JOHN T. MALLOY, INC.
at 12:01 A.M. and forms a part of
dorsement No.
Name of Insurance Company AETNA CASUALTY & SURETY CO.By�.
Authorized Representative
=:sY
UV iE4JUi�,ia
P.O. BOX 10,90
GLENDALE, CA 91209
Page 16
CONTRACT .
THIS AGREEMENT, entered into this ay Of
by and between the CITY. OT NEWPORT BEACH, hereinafter "City, a
JOHN T. MALLOY INC. hereinafter "Contractor is made with
reference to the—following facts:
(a) City has heretofore advertised for bids for the following
described public work:
Jasmine Creek Storm Drain Phase b 2j�1
Title of in Contract: No.
(b) Contractor has been determined by City to be the lowest responsi-
ble bidder on -said public work, and Contractor's bid, and the compensation set
forth in this contract, is based upon a. careful examination of all plans and
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of the work
for the construction.of the following.descr.ibed public work:
2181'
on ract• o.
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 Four Hundred
Thirty -Two Thousand Eight Hundred Twenty -Four .($ 432,824.00
This compensation includes any.loss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or obstruc-
tions in the performance of the work; (3) any expense incurred as a result of any
suspension or discontinuance of the work; but excludes any loss resulting from
earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves,
and which loss or.expense occurs prior to acceptance of the.work by City.
3. All of the respective rights and obligations.of City.and Contractor
are.set forth in the contract documents. The contract documents are incorporated
herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) instruction to Bidders and documents referenced .therein .
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and endorsement(s)
N 06
Page 17
(f� pta and ipecial.Provisions for. Jasmine Creek
Store ra1n „ -hase. 2181
Title of ro ect ontract No.
(g) This Contract.
4. Contractor shall assume the defense of, and indemnify and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximiately caused by the sole
negligence of City or its officers, employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FOR
My AttorneyN
CITY OF NEWPORT BEACH
Lt% %, `ter►%
JONO T M4L L d P, -
Contractor
By T.
Its
By
Its
CITY
CONTRACTOR
A
• SP 1 of 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
JASMINE CREEK STORM DRAIN, PHASE I
CONTRACT NO. 2181
I. SCOPE OF WORK
The work to be done under this contract consists of constructing 1397 lineal
feet of storm drain pipe, manholes, catch basins, connector pipes and appur-
tenant structures as shown on the plans. Also included is.the construction
of 360 lineal feet of 8" water main and appurtenant structures. Additional
work which may be done under this contract consists of constructing the up-
stream 235 lineal feet of storm drain pipe and manholes shown as "Additional
Bid Items" on the plans and proposal.
The contract requires completion of all work in accordance with these Special
Provisions, the Plans (Drawing No. D- 5122 -S), the City's Standard Special
Provisions and Standard Drawings, and the Standard Specifications (Standard
Specifications for Public Works Construction, 1979 Edition), copies of which
are available at Building News, Inc., 3055 Overland Avenue, Los Angeles,
California 90034, (213) 870 -9871. Copies of the City's Standard Special
Provisions and Drawings may be purchased at the Public Works Department.
II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK
The contractor shall complete all work on the contract within 120 consecutive
calendar days after award of the contract by the City Council and as specified
in Section 6 of the Standard Specifications.
The contractor shall submit a construction schedule for review by the Engineer.
This schedule shall be approved by the Engineer prior to the start of any work.
III. PAYMENT
The unit or lump sum price for each item of work shown on the proposal shall
be considered as full compensation for all labor, equipment, materials, and
all other things necessary to complete the workin place, and no additional
allowance will be made therefor.
Payment for incidental items of work, not separately provided for in the pro-
posal, shall be included in the price bid for other related items of work.
IV. TRAFFIC CONTROL AND ACCESS
General. Traffic and access shall comply with Section 7 -10 of the "Standard
Specifications for Public Works Construction ", the requirements set forth herein,
and the attached Encroachment Permit issued by the State of California. .
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Traffic Plan. After notification of award and at least 15 calendar days
prior to start of construction,the Contractor shall submit to the Engineer,
for approval, his proposed traffic plan. A minimum traffic plan is included
herein and on the drawings; however, this plan is not mandatory and is included
to indicate the required level of detail on a traffic plan submitted. The
Contractor shall be fully responsible for the adequacy of any traffic plan
utilized, including the suggested plan, for conformance with his intended con-
struction schedule and staging and to provide for its proper implementation.
Detours and Transitions. All detours and transitions shall be installed prior
to and be approved by the Engineer before any construction begins within the
roadway. The length of detour transition approach shall be a minimum of 200
feet in length. The Contractor shall be responsible for installing and main-
taining traffic cones and barricades in their proper locations as well as
traffic control signs on the approaches and throughout the work area.
Traffic cones and delineators shall be used to delineate centerlines and lane
lines and shall be spaced 15 feet apart throughout the transitions into and
out of the detour and through the construction area.
Barricades shall be used to protect the work area, to close left turn lanes
and at other locations required by the Engineer, and shall be spaced a maximum
of 30 feet apart.
Provide "KEEP RIGHT" (R7R) signs at each end of the transitions and at 100 foot
centers.
Provide the following signs at each approach in advance of the work areas:
C18R "ROAD CONSTRUCTION AHEAD"
C1R "DETOUR AHEAD"
Temporary No Parking. Temporary no parking is authorized along Iris Avenue.
The Contractor shall post "Temporary No Parking" signs after notifying and
receiving approval from the City of Newport Beach Traffic Engineer. Type
of sign and method and location of posting shall also be subject to the Traffic
Engineer's approval. The Contractor shall notify all affected residences and
business establishments at least two days prior to the posting of signs.
Traffic Requirements. The traffic requirements specified herein shall apply
to all phases in the construction of this project, including the placing of
temporary resurfacing and restoration of permanent resurfacing. All lanes for
moving traffic shall be at least 10 feet in width with clearances of 2 feet from
any vertical obstruction and 5 feet from any open excavation. Traffic require-
ments shall apply only during the time construction is in progress. Traffic
flow in Pacific Coast Highway shall be maintained at all times. Access to busi-
nesses at the corners of Iris Avenue and Pacific Coast Highway shall be maintained
at all times.
Construction Signs and Barricades. All warning signs, lights and devices to
be used by the Contractor shall conform to the standards of the "Manual of
Traffic Controls - Warning Signs, Lights; and Devices for use in Performance
of Work Upon Highways" issued by the Department of Transportation, State of
California, latest edition.
A
0
6
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Backfilling and Plate Bridging. The Contractor shall either bridge the trench
excavation using steel plates (minimum one inch thick.with one foot of bearing
area on each side of the trench) or backfill the trench with suitable material
to support temporary traffic loading, to maintain access to business driveways
and local street intersections affected by the trenching operation. Adequate
signing, barricading and delineation will be utilized in either case, unless
the roadway is completely opened to traffic by backfilling the trench and
restoring pavement. Length of open trench shall not exceed 200 feet in street
areas.
Fencing Around Excavation. The Contractor shall provide temporary six foot
high chain link fence around all areas of open trench during off work hours.
Restoration of Stri in and Pavement Markings. Restoration of striping and
pavement markings sha 1 be done by the City.
Flagmen. If it becomes necessary, in the opinion of the Engineer, to properly
move traffic through the construction area, uniformed flagmen shall be on duty
during the entire period the roadway is constricted.
Payment. The cost for traffic control as detailed in this section and as
required for this construction project is included as Bid Item No. 13 or 14 of
work listed in the Proposal.
92.1HUM
The City has obtained the following approvals and permits which are available
for inspection at the Public Works Department:
1. Coastal Development Permit: California Coastal Commission.
2. Project Approval: California Regional Water Quality Control
Board - Santa Ana Region (see also Section XII; Surface and Ground-
water Control).
The Contractor shall be responsible for making himself aware of and conducting
his operations in accordance with the requirements of these approvals and per-
mits: All costs involved in complying with these provisions shall be included
in the price bid for the various items of work, and no additional compensation
will be made therefor.
The Contractor shall obtain the following permits prior to any construction:
1. Permit to perform excavation or trench work from the Division of
Industrial Safety, State of California (see Section XIII, Guarding
Underground Construction).
2. Permit to dispose of demolition at any sanitary landfill site in
Orange County, from the City Public Works Department at no charge
(see Section XIV.A. Mobilization and Clearing).
• • SP4of8
VI. STATE OF CALIFORNIA PERMIT AND INSPECTION
The Contractor shall obtain State of California permit and inspection as required
on the attached Encroachment Permit issued by the State of California. All ex-
penses incurred by the Contractor for the State of California bonds and inspec-
tion shall be included in bid Item No. 24; "State of California Permit, Traffic
Control and Inspection."
VII. CONSTRUCTION SURVEY STAKING
Field surveys for control of construction shall be the responsibility of the Con-
tractor.
VIII. NOTICE TO RESIDENTS
Between 48 and 55 hours before closing a section of street or restricting vehic-
lar access to and from driveway approaches, the Contractor shall distribute to
each affected residence a written notice stating when construction operations
will start and approximately when vehicular accessibility will be restored.
Twenty -four (24) hours before shutting off water service to any residence., the
Contractor shall distribute a separate written notice stating the date and time
the water will be shut off and approximate time the water will be turned back
on. The written notices will be prepared by the City. The Contractor shall
insert the applicable dates at the time he distributes the notice. Errors in
distribution, false starts, acts of God, strikes or other alterations of the
schedule will require Contractor renotification using an explanatory letter
furnished by the Engineer.
IX. PROTECTION OF EXISTING UTILITIES AND STRUCTURES
Known utilities are indicated on the plans. At least 48 hours prior to perform-
ing construction work, the Contractor shall request each utility company to
locate its facilities. Construction of the storm drain will cause work to be
performed over, under and very near existing sewer, gas, electric, and water
lines. The Contractor shall protect in place and be responsible for, at no
additional cost, any damage to utilities encountered during construction of the
items shown on the plans.
Existing structures abutting proposed improvements are indicated on the plans.
Prior to construction, the Contractor shall .verify the location of existing
buildings and structures and shall protect them in place and be responsible .for,
at his own expense, any damage to them resulting from construction of the.im-
provements.
X. WATER
The Contractor shall make his own provisions for obtaining and applying water
necessary to perform his work. If the Contractor desires to use available
City water, it shall be his responsibility to make arrangements for delivery
by contacting Mr. Gil Gomez at (714) 640 -2221. Water for such use is provided
by the City free of charge.
XI. GUARANTEE
The Contractor shall guarantee for a period of one year after acceptance of
the work by the City Council all materials and workmanship against any defects,
4 '
X1I
except that replacement landscape
and established per Section 308 -6
defects shall be repaired at the
SURFACE AND GROUNDWATER CONTROL
A. Surface Water
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material, including lawn, shall be maintained
of the Standard Specifications. Any such
Contractor's expense.
Surface runoff water containing mud, silt, or other deleterious material
from the project shall be treated by filtration or retention in a settling
basin or basins, sufficient to prevent such waters from directly entering
storm drains or the bay.
Prior to commencing construction, the Contractor shall submit a plan for
implementing siltation control concurrently to the City and to the California
Regional Water Quality Control Board, Santa Ana Region (6809 Indiana Avenue,
Suite 200, Riverside, California 92506, Telephone (714) 684 - 9330). Upon
approval of the plan by the City and the Board, the Contractor shall be
responsible for the implementation and maintenance`of the control facili-
ties.
B. Groundwater
Groundwater may be encountered at various times and locations during the
work herein contemplated. The Contractor, by submitting a bid, acknowledges
that he has investigated the risks arising from groundwater and has prepared
his bid accordingly. Should significant quantities of groundwater be en-
countered during construction, the Contractor shall submit his plan for
groundwater control to the City and the Board for approval as in Subsection
above.
XIII. GUARDING UNDERGROUND CONSTRUCTION; SOILS REPORT
The Contractor shall obtain a permit to perform excavation or trench work from
the Division of Industrial Safety.(DIS), State of California, prior to any con-
struction. All costs incurred to obtain the DIS permit and to comply with the
provisions of such permit and the State of California Encroachment Permit at-
tached herein shall be included in lump sum prices bid for guarding underground
construction, Bid Items Nos. 12 and 23.
A geotechnical investigation was conducted and a report prepared by Converse
Ward Davis Dixon for this project. A copy of the report is available for re-
view in the City Public Works Department. The Contractor is cautioned that
(1) rubble and loose fill material has been encountered while trenching through
Bayside Drive Park during previous projects, and (2) the summaries of soil
borings contained in the report and reproduced on the plans apply only at the
locations of the borings and at the times of drillings.
Excavations and trenches that extend below an imaginary plane inclined at 45
degrees below the edge of nearby adjacent existing structures, such as the foun-
dation piers of the Bayside Drive foot - bridge, trees to be preserved, or other
facilities, shall be properly shored to maintain positive ground support. Ex-
cavations and trenches in improved streets shall be properly shored to maintain
positive ground support.
. • SP6of8
XIV. CONSTRUCTION DETAILS
A. Mobilization, Clearing and Other Removals
This work shall be performed in accordance with the applicable requirements
of Subsection 300 -1 and Section 308 of the Standard Specifications, except
as modified herein:
All P.C.C. and A.C. removals shall be sawcut to a minimum depth of
2 inches prior to removal.
2. All material removed during clearing and grubbing; utilities recon-
struction; or excavation from trench or street areas down to the
subgrade plane, that is not suitable for use on this project as di-
rected by the Engineer, or as otherwise specified herein, shall be-
come-the property of the Contractor and shall be disposed of away
from the job site in a manner and at a location acceptable to cognizant
agencies.
Existing water mains, valves, fittings, fire hydrants, etc. that are
removed by the Contractor shall, as determined by the Engineer, remain
the property of the City. The Contractor shall deliver these mater-
ials to the City Utilities Yard at 949 West 16th Street.
Items shown to be removed and replaced in kind shall be done in
accordance with Subsection 7 -9 of the Standard Specifications.
Payment for all removals shall be included in the lump sum price for
Mobilization and Clearing.
Contractor shall be responsible for damage to the existing irriga-
tion system in the green belt adjacent to Bayside Drive. Any repair
or replacement of the existing system shall be approved by the Engineer.
Construction drawings for the existing system are available from the
City of Newport Beach Public Works Department. Landscaping in the
green belt shall be protected by the Contractor at his expense. Con-
tractor shall be responsible for irrigation and maintaining the green
belt area for the duration of the project. Landscaping removed shall
be replaced in kind by the Contractor except that lawn planting may
be accomplished by seeding. All trees removed will be at the direc-
tion of the Engineer. Trees shall be removed in such a manner as not
to injure standing trees, plants and improvements which are to be
preserved. All costs incurred for irrigation, replacement, and main-
tenance, including the plant establishment period, shall be included
in the lump sum price for Mobilization and Clearing.
Storm Drain Improvements
Storm drain pipe and fittings shall be in accordance with Section 207-
6.2 of the Standard Specifications. The size and class shall be as
shown on the Plans.
i SP7of8
Storm drain bedding and backfill shall conform to the City of Newport
Beach STD -316 -L and Section 306 of the Standard Specifications.
Imported, select, granular bedding material may be needed southwest of
Pacific Coast Highway where borings indicated the subsoils generally
consist of clayey material or bedrock.
All costs incurred for backfill and earth work as shown on plans shall
be included in the price per L.F. of pipe and additional compensation
will not be made.
Payment for plugging existing catch basin outlets and for modifying
existing catch basins shall be part of the cost for catch basin connec-
tions and included in the price per lineal foot for pipe.
All costs incurred in the abandonment or removal of existing storm
drain pipe shall be included in the lump sum bid for Mobilization and
Clearing and additional compensation will not be made.
Jacking operations shall conform to appropriate Sections of 306-2 of
the Standard Specifications.
Based on the boring data the subsurface conditions which might be expected
at the pipe jacking location beneath Pacific Coast Highway are dense
marine terrace sands in the northern end of the proposed jacking section
and probably moderately hard to hard bedrock at the southern end. These
materials should permit the jacking of a pipe (or steel casing), although
some difficulty can be expected in advancing through bedrock.
In order for the pipe to advance properly, the pilot excavation ahead
of the jacking head should extend no more than 12 inches to reduce the
possibility of ground loss. The jacking reaction available against the
jacking pit wall may be estimated using a maximum passive earth pressure
of 350 psi /ft. of depth. Any significant voids outside of the in -place
pipe shall be properly filled by pressure grouting in a manner approved
by the Engineer and as detailed on the plans.
Construction in Pacific Coast Highway shall conform to requirements set
forth by the State of California Encroachment Permit attached herein.
Water Main Construction
Water main construction shall conform to applicable portions of the City
of Newport Beach Standard Special Provisions and Section 207 and 306 of
the Standard Specifications and applicable City of Newport Beach Standard
Drawings. Trenching, bedding and backfill requirements shall conform to
Section XIV.B.2 of these Special Provisions.
All costs incurred in the construction of pipe, bedding, backfill, connec-
tions,services, thrust blocks, appurtenant structures and replacement in
kind of existing improvements as required shall be included in the price
per lineal foot of 8" water main. Additional compensation will not be made.
Cost of removal of the existing 8" water main shall be included in the cost
for clearing.
D. Asphaltic Concrete Sealant in Bayside Park
• SP8of8
After asphaltic concrete removals in Bayside Park have been restored as
required under Section XIV. A herein, the Contractor shall prepare and
apply an asphaltic concrete sealant upon all asphaltic concrete curbs,
walkways and driveways between Station 0+00 and Iris Avenue in Bayside
Park.
Preparation shall include removal of dirt, oil and other debris,trimming
overgrowth vegetation; and removing or adding moisture to the asphaltic
concrete as recommended by the. sealant manufacturer's printed instructions.
Application shall be at the rate of 30 gallons per 1000 square feet of area,
or as directed by the Engineer, to produce a smooth, uniform surface appear-
ance of old and new asphaltic concrete.
Asphaltic concrete sealant shall be a cold - applied asphaltic concrete re-
surfacing mastic, such as DOCAL 1105 manufactured by Douglas Oil Company.
The mastic may be mixed with up to 20% water, by volume, to achieve optimum
application consistency.
DEPARTMENT OF THANSPORTATION iCAITRO
ENCROACHMENT PERMIT
In compliance with (Check One).
M Your application of January 21 .19 81.
❑ Utility Notice No.
UAqtottmew No
R/W Contract No.
TO:
of
of
F
City of Newport Beach
3300 Newport Blvd,
Newport Beach, Ca. 92663
L J
and subject to the following, PERMISSION IS HEREBY GRANTED to:
0
.90
to
OAT E
March 5, 19
FEE PAID
D'
'—
$ NA
$
19
sORD AMOUNT
t
tg -- IBOND COMPANY
PERMITTEE
jack or bore under the roadway and construct a 54 -inch RCP storm drain
and appurtenant facilities within the State highway right of way on
Pacific Coast Highway at Iris Street in the City of Newport Beach,
ORA -001- 15.90, as shown on the attached plans, as specified in this
permit, and as directed by the State permit engineer in the field.
All work within the State R /V) shall be in accordance with the Dept, of
Transportation Standard Specifications dated Jan. 1978.
Prior to the start of any work authorized by this permit, Permittee shall
arrange for a pre -job conference with the Permit Field Engineer, A. Medina,
by calling 213 - 834 -8317 between 7:30 AM and 9:00 AM to insure a complete
understanding of the requirements by both parties.
Traffic shall not be diverted or interrupted without prior approval of
the State Inspector.
(Continued)
In addition to fee, the permittee will be billed actual costs for Review C] Yes a] No;
Inspection ❑ Yes In No; Fieldwork ® Yes (if any Cdfnns effort experxled)
The following attachments are also included as part of this permit (Crwck alliplicaDW)
a) General Provisions: (E Yes
b) Utility Maintenance Provisions: Yes ❑ No
c) Special Provisions: ® Yes n No
d) A Cal -OSHA permit required prior to beginning work: ®Yes ONO M
The information in the environmental documentation has been reviewed and considered prior to approval of this
permit: []Yes ®N.A.
This permit is void unless the work is completed before September 30 1981.
This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized.
No project work shall be commenced until all other necessary permits mad se rime nintai Nsaranees hats been obtained.
APPROVED.
LAB:ne
H. HECKEROTH DI#Wct Director
cc: LBCIi ATG.BEACH MEDINA sr � tINA •/2, A. District Permit Engineer
S
DEPARTMENT OF TRANSPORTATION ICALTRANS)
GENERAL PROVISIONS TO ENCROACHMENT PERMIT
DM- M -P202B (REV. 1/81)
1. Authority: This permit Is Issued in
accordance with Chapter 3 of Divi-
sion 1, commencing with Section
660. of the Streets and High-
ways Code.
2. Revocation: Except as otherwise
provided for public corporations,
franchise holders, and utilities,
encroachment permits are revocable
on five days' notice. These General
Provisions. Utility Maintenance
Provisions, and this Encroachment
Permit Issued hereunder are
revocable or subject to modification
or abrogation at any time. without
prejudice. however, to prior rights,
Including those evidenced by
joint use agreements. franchise
rights, or reserved right for
operating purposes in a grant of
highway easement.
3. Permits for Record Only: If
occupation of highway right of way
Is under joint use agreement or
under prior easement, encroach-
ment permits will be Issued to
the permittee for the purpose of
providing Caltrans with notice and
a record of work and for the terms
and'condltions relating to public
safety. No new or different rights
or obligations are Intended to be
created by the permit In such cases.
and all such prior rights shall be
fully protected. Encroachment Per
mlts issued In such cases shall have
designated across the face therof
"Notice and Record Purposes Only:'
(District Office of Right of Way must
give approva! for this designation).
4. Responsible Party: No party other
than the named permittee or
contractor of the permittee Is
authorized to work under this
permit.
5. Acceptance of Provisions: It 1s
understood and agreed by the
permittee that the doing of any
work under this permit shall con-
stitute an acceptance of the
provisions of this permit and
all attachments.
6. No Precedent Established: This
permit is Issued with the under
standing that any particular
action Is not to be considered as
establishing any precedent 11) on
the question of the expediency
of permitting any certain kind of
encroachment to be erected within
right of way of state highways. or
(2) as to any utility, of the
acceptability of any such per-
mits as to any other or future
situation.
7. Notice Prior to Starting Work:
Before starting work under the
Encroachment Permit, the permit-
Lee shall notify the District Director
or other designated employee
three working days prior to
initial start of work When work
has been Interrupted, an additional
24 -hour notification Is required
before restarting work
8. Keep Permit on the Work: The
i
Encroachment Permit or a copy
thereof shall be kept at the site of
the work and trust he shown to any
representative of Caltrans or any
law enforcement officer on demand.
WORK SHAD BE SUSPENDED
IF PERMIT IS NOT AT JOB SITE
AS PROVIDED.
9, Conflicting Permits. If a prior
encroachment conflicts with the
proposed work the new permittee
must arrange for any necessary
removal or relocation with the prior
permittee. Any such removal or
relocation will be at no expense to
the State.
10. Permits Prom Other Agencies; The
party or parties to whom a permit
is Issued shall, whenever the same
Is required by law, secure the
written order or consent to any
work under a permit from the
Public Utilities Commission of the
State of California, Cal -OSHA. or
any other public agency having
jurisdiction and any penult
shall not be valid until such
order or consent Is obtained.
11. Protection of Traffic: Adequate
provisions shall be made for the
protection of the traveling public.
The warning signs: lights and
other safety devices and other
measures required for the public
safety, shall conform to the require-
ments of the Manual of Traffic
Controls or any sign manual issued
or to be issued by Caltrans and /or
the current Caltrans Standard
Specifications. Traffic control for
day or nighttime lane closures
will be In conformance with
Caltrans standard plans for Traffic
Control System. Nothing in the
permit Is intended. as to third
parties, to Impose on permittee
any duty, or standard of care,
greater than or different than, the
duty or standard of care Imposed
by law.
12. Minima, Interference With Trsfflc
All work shall be planned and
carried out so that there will be the
least possible Inconvenience to the
traveling. public. Permittee 1s
authorized to place property
attired flagmen to stop and warn
conventional highway traffic for
necessary protection to public
safety, but traffic shall not be
unreasonably delayed. Flagging
procedures shall be in conformance
with the Instructions to Flaggers
pamphlet and /or Manual of Traffic
Controls Issued by Caltrans.
13. Storage of Materials: No con-
struction material shall be stored,
nor equipment parked, within ten
(10) feet from the edge of pavement
or traveled way. Utilities are subject
to the provisions of Section
22512 of the Vehicle Code.
14. Clean Up Right of Way: Upon
completion of the work all brush,
timber, scraps, material, etc., shall
be entirely removed and the right
of way shall be left in as presentable
a condition as existed before work
started.
15. Standards of Coustraction: All
work performed within the highway
shall conform to recognized stan-
dards of construction and the
the current Caltrans Standard
Specifications, and any special
provisions relating thereto.
16. Inapecti rm andApproval by Calms«
All work shall be subject to inspec-
tion and approval by Caltrans. The
permittee shall notify Caltrans
when the work has been completed.
17. Actual Coat Billing. When the
permittee is lobe billed actual costs
las indicated on the face of the
permlU, such costs will include
salaries. traveling expenses.
incidental expenses, and overhead.
18. Future moving of Installation:
a) Installations Requested by
Perrrtittee. If the Encroachment
Permit was Issued at request of the
permittee, it is understood that
whenever construction- recon-
struction or maintenance work on
the highway may . require, the
installation shall, upon request of
the Department, be Immediately
moved by and at the sole expense
of the permittee, except as other-
wise provided by law, or by any
applicable permit , provisions.
b) Utility Moues Ordered by
Caltrans. If the installation made
under a permit is being relocated
In accordance with Caltrans- "Notice
to Relocate Utility" Facility," the
permittee shall have the same and
no greater rights as relocated as
it enjoyed prior to moving at
Caltrans' order.
c) Utility In Freeuray. This see-
. tion and the other sections of
these .General Provisions are
subject to Article 2.5 of Chapter 3
of Division I of the Streets and
Highways Code and other applica-
ble law, and In the case of any
Inconsistency, the said Article 2.5
or other applicable law shall
control the removal from or
relocation of utility facilities In
freeways.
d) Future Moving of Insfallafton.
It Is understood by the permfttee
that whenever construction, recon-
struction or maintenance work on
the highway may require, the Instal-
lation provided for herein shall,
upon request of Cahmns be moved
by the permlttee, the cost of the
move to be borne by the party
legally responsible therefor.
19. ResponslbMty, for Demsge: The
State of California and all officers
and employees thereof, Including
but not limited to the Director of
Transportation and the Chief
Engineer, shall not be answerable
or accountable in any manner:
for Injury to or death of any person,
including but not limited to the
permlttee, persons employed by the
pennittee, persons acting In behalf
of the permittee: or for damage to
, P--. -
pwbpierty'-fromi any cause which
might have been prevented by the
permittee. those persons employed
by the permttte2, or persons acting
In behalf of the permittee.
The permritee shall be responsible
for any Ilabllity imposed by law
and for injuries to or death of any
person. Including but not limited
to the perrnritee, persons employed
by the permittee, persons acting
in behalf of the perrmuee, or
damage to property arising out of
work permitted and done by the
permittee under permit, or arising
out of the failure on the Perm. mit -
tees part to perform his obligations
under any permit in respect to
maintenance or any other obliga-
uons, nr resulting from defects or
obstructions, or from anv cause
whatsoever during the progress of
the work or at any subsequent time
work is being performed under the
obligations provided by and con-
templated by the permit.
The permittee shall Indemnify and
save harmless the State of Califor-
nia and all officers and emplovees
thereof, Including but not limited
to the Director of Transportation
and the Chief Engineer. from all
claims. suits or actions of every
name. kind and description
brought fororon account of Injuries
to or death of any person. Including
but not limited to the permittee.
persons employed by the permittee.
persons acting In behalf of the per-
mittee and the public. or damage
to property resulting from the per-
formance of work under the permit.
or arising out of the failure on the
pennittee's part to perform his
obligations under any permit In
respect to main tenance or any other
obligations. or resulting from de-
fects or obstructions, or from any
cause whatsoever during the prog-
ress of the work or at any subse-
quent time work Is being performed
under the obligations provided by
and contemplated by the permit.
except as otherwise provided by
statute. The duty of the permittec to
Indemnify and save harmless in-
cludes the duties to defend asset forth
In Section 2778 of the Civil Code.
The permittee waives any and all
rights to any type of express or
Implied indemnity against the
State. its officers or employees.
It is the intent of the parties that
the pennittee will indemnify and
hold harmless the State, its officers
and employees from any and all
claims, suits or actions as set forth
above regardless of the existence or
degree of fault or negligence.
whether active or passive. primary
or secondary. on the part of the
State, the permittee. persons
employed by the pennittee or per.
sons acting In behalf of the pennittee.
20. Banding: This permit shall not be
effective for any purpose unless and
until the permittee (Iles with the
Grantor. a surety bond In the form
and amount required by said
Grantee. A bond is not ordinarily
4equired of anv public corporation
or publicly or privately owned utili-
ty. but will be required of any utility
that falls to meet any obligation
arising out of the work permitted or
: done under an Encroachment Per.
mit or falls to maintain Its plant,
work or facilities.
21. Making Repairs: In every case the
perrnittee shall be responsible for
restoring to Its former condition as
nearly as may be possible any por-
tion of the highway which has been
excavated or of herwlse disturbed by
permittee, except where caltrans
elects to make repairs to pavingand
except where provision to the con-
trary is made-in the written portion
of any permit. The permittee shall
maintaln the surface over facilities
placed underanypennit fora period
of one (1) year after completion of
work under the permit. If the high-
way Is not restored as herein
provided for. or If Caltrans elects to
make repairs, pennittee agrees by
acceptance of permit to bear the
cost thereof.
22. Care of Drainage: It the work con-
templated in any Encroachment
Permit shall Interfere with the
established drainage, ample provi-
sion shall be made by the permittee
to provide for It as may be directed
by Caltrans
23. Submit Plan: For Installation of all
underground facilities, and all sur-
face work of consequence. the
permltteeshall furnish a plan show -
Ing location and construction
details with Its application. Upon
completion of the work as -built
plans of sufficient accuracy shall be
submitted to the District to deter-
mine location of the facility.
24. Maintenance: The pennittee agrem
by acceptance of a permit. to main-
tain properly any encroachment
placed by it In the highway and In
Inspecting for and preventing any
injury to any portion of the highway
resulting from the encroachment.
25. Coat of Work: Unless otherwise
stated on the permit or separate writ-
ten agreement. all costs Incurred for
work within the State right of way
pursuant to this Encroachment Per-
mit shall be home by the permittee,
and pennittee herebywalvesall claims
for Indemnification or contribution
from the State for such work
26. Federal Civil Rights Requirements
For Public Accommodation IA)The
permittee. for himself, his personal
representatives. successors in Inter -
est., and assigns, as part of the
consideration hereof, does hereby
covenant and agree that (1) no
person on the ground of race, color,
or national origin shall be excluded
from participation in, be denied the
benefits of. or be otherwise sub-
jected to discrimination In the use
of said facilities. (2) that In connec-
tion with the construction of any
improvements on said lands and
the furnishing of services thereon.
no discrimination shall be prac-
ticed in the selection of employees
and contractors, by contractors In
the selection and retention of first -
tier subcontractors In the selection
o1second -tier subcontractors.
(3) that such discrimination shall
not be practiced against the public
In their access to and use of the fa-
cilities and services provided for
public accommodations (such as
eating. sleeping. rest, recreation,
and vehicle servicing) - constructed
or operated on, over, or under the
space of the right of way. and (4) that
the pernitteeshall use the premises
in compliance with all other re-
quirements imposed pursuant to
Title 15, Code of Federal Regula-
tions. Commerce and Foreign Trade.
subtitle AOfBce of the Secretary of
Commerce. Part 8 (15 C.F.R. Part 8),
and as said Regulations may be
amended.
(B) That in the event of breach of
any of the above nondiscrimination
covenants. the State shall have the
right to terminate the permit and to
re- enter and repossess said land
and the facilities thereon. and hold
the same as if said permit had never
been made or issued.
27. ArchaeologicLL• The perrnittee shall
cease work in the vicinity any
archaeological resources that are
revealed. The Permit Engineer shall
be notified immediately. A qualified
archaeologist. retained by the
permintee, will evaluate the situation
and make recommendations to
the Permit Engineer concerning
the continuation of the work
City of
Newport Beach
Lane closures on Pacific
during the daylight hours
June 5, 1981.
-2-
781 -E- 767187
Coast Highway will not be permitted
between 6:00 AM to 7:00 PM after
If it is necessary to close traffic lanes on Pacific Coast Highway
after June 5, 1981 or prior to Sept. 14, 1981 the work shall be
performed at night using lighted cones, between the hours 7:30 PM
to 6:00 AM Sunday through Thursday only.
Existing traffic stripe and pavement markings obliterated by
reason of the Permittee's operations shall be replaced by the
Permittee at his expense.
A minimum lateral clearance of 5 feet shall be provided between
the edge of excavations and adjacent traffic lanes. Where 5 feet
of clearance is not provided the'excavation shall be shored and
tight sheeted. A minimum lateral clearance of 2 feet shall be
provided between the edge of surface obstructions and the adjacent
traffic lane.
The Permittee's contractor shall not park equipment or.store
materials within the State R /W.
Existing curb, gutter and sidewalk damaged or removed.by reason
of the Permittee's operations shall be removed and replaced to
the nearest expansion joint or score mark.
A minimum sidewalk width of 30" must be maintained.at all times
for pedestrian traffic.
When tunneling under any obstruction li sack slurry shall be used
for backfill.
Tunneling operations across Pacific Coast Highway shall proceed on
a 24 -hour a day schedule unless otherwiseadviced by State
representative in the field.
The 54 R.C.P. jacking pipe shall have grout connection holes spaced
8' O.C. in each row and staggered 4' so as to occur on alterated
sides at 300 from top of pipe and at 600 from bottom of pipe. The
grout shall consist of 6 sack slurry.
If considered necessary by the State representative in the field,
the Permittee shall also pressure grout from the top of pavement
when the tunnel is completed.
Jacking and receiving pits shall be adequately shored and fenced
in accordance with State Industrial Safety Orders.
City of
Newport Beach -3- 781 -E- 767187
Sheeting for jacking and receiving pits located within 15 feet of
traffic lanes on the State highway.shall not extend.more.than 36
inches above the pavement grade unless otherwise permitted by
the State representative in the field.
All excavations within the State R/W shall be backfilled with
aggregate base material up to 2 feet above the water table, and
then up to the pavement structural section with backfill
material having a minimum sand equivalent of 20. Backfill within
the improved portion of the roadway shall be. compacted to not less
than 9% relative compaction.
Replacement of the roadway structural section.(pavement, base,
subbase etc.) shall be equal or better in all respects to the
thickness and materials in the best portions of the existing
structural section.
Prior to leaving the job site at the end of each working day, all
trenches excavated within the improved portion of the roadway shall
either be backfilled in accordance with specifications and temporary
repairs made to the roadway, or the excavation shall be covered with
steel plates.
All existing trees shall be protected in place and to the satisfaction
of the Newport Beach Parks Department.
If it is necessary to distrub the traffic signal equipment or it any
damage to. the equipment is incurred, all work or repairs will be
the responsibility of the Permittee and at no cost to the State.
Existing-highway facilities damaged by reason of the Permittee's
operations shall be repaired or replaced by the Permittee at his
expense.
All changes or variations from the permit plans or specifications
shall be approved by the permit engineer in the field prior to
making changes in the work.
Upon completion of work, Permittee shall clean the highway and the
work area shall be left in a neat and presentable condition under
the direction and to the satisfaction of the State.representative
in the field.
If the work authorized by this permit is to be performed by contractor's',
forces, the Permittee's contractor shall furnish the State with a
signed application requesting a separate Caltrans permit authorizing
the contractor to perform the work within the State highway right of
way for the Permittee. The Permittee's contractor will be required
to reimburse the State for the cost incurred for engineering .
inspection of the work within the State right of way and all other
permit related field work performed by Caltrans maintenance forces.
The attached SUBSTRUCTURES, BORE, LIGHTED CONES and SIGNAL sheets are
part of this permit.
MAINTENANCE
SPECIAL TERMS AND CONDITIONS
(SUBSTRUCTURES)
TO BE ATTACHED AND MADE A PART OF ENCROACHMENT PERMIT N0. 781 -E- 767187
A. Inspection Requirements
1. It is imperative
48 hours prior to st
A. Medina
between :0 and
that the Permittee notify the State Inspector at least
arting any work under this permit. State Inspector
Phone 213-834,8317 between
UT— or if no answer phone 213-830-8510
00 PM.
2. All inspection costs incurred incidental to this work shall be borne by
the Perm.lttee unless otherwise specified on.the face of the permit.
3• All work shall be performed on weekdays during the normal working hours
(7:30/4:00) of the Dept. of Transportation's inspector unless other times
are specifically authorized.
B. Specifications
Unless otherwise detailed and authorized on the face of this permit, all work
shall be done in accordance with the Dept. of Transportation Standard Speci-
fications dated January 1973 to the satisfaction of the State representative
and the following special provisions:
1. SAFETY AND TRAFFIC CONTROL:
A minimum of SEE PERMITlanes shall be
In addition, minimum clearance of two
and a five -foot clearance between the
be maintained.
provided for traffic in each direction.
feet adjacent to any surface obstruction
excavation and the traveled way shall
Provision shall be made for barricades, lights, and flagmen to adequately
protect the traveling public during construction operations in accordance
with the "Manual of Warning.Signs, Lights and Devices for Use in Performance
of Work upon Highways ". When necessary for public safety, flagmen shall be
on duty twenty -four hours a day at "no expense to the State.
When the permit authorizes installation by the open -cut method, not more than
one lane of the highway pavement shall be open-cut at any one time. After
the pipe is placed in the open section, the trench.is to be backfilled in
accordance with specifications, permanent repairs made to the surfacing and
that portion opened to traffic before the pavement is out for the next section.
2. CONSTRUCTION REQUIREMENTS:
Unless otherwise authorized, pipes and conduits shall be installed in a manner
to provide a minimum clearance of 42- inches between the top.of pipe and surface.
P.C.C. pavement shall be scored to a depth of if inches by means of a concrete
saw to provide a neat and straight pavement break along both sides of trench;
also, provide an unfractured pavement Joint and rigid bonding of pavement
replacement patch.
A.C. pavement shall be scored as required above for P.C.C. pavement except
where In the opinion of the State Inspector the pavement has been cut neat
and straight along both sides of trench to provide an unfractured and level
pavement Joint for bonding exlstiag pavement and replacement patch.
7 -MP -13
JUL 74 Rev (over)
1L� ,
0
Repairs to P.C.C. pavement shall be made within 5 working days of completion
of backfill and shall be made of Portland Cement Concrete containing a
minimum of 7 sacks of i.ement per cubic yard.. Replacement of P.C.C. pavement
shall equal existing pavement thickness. The concrete shall be satisfactorily
cured and protected from disturbance for not less than 48 hours. High early
cement may be required at the discretion of the Dept, of Transportation repre-
sentative,
Repairs to A.C. pavements shall be made within 5 working days of completion
of backfill and shall be made with asphaltic concrete meeting State speci-
fications, with every effort made to match the existing pavement as to color
and surface texture. Replacement of A.Q, pavement shall equal existing
pavement thickness.but not less than 3 ". Rock base shall be required..
Structural backfill within.the existing or proposed roadbed area shall be com-
pacted in horizontal layers not exceeding 8" in thickness using approved hand,
pneumatic or mechanical type tampers to obtain a "relative compaction" of 95
percent using California Test Method 216F. Structural backfill outside of slope
lines and not beneath any roadbed shall be compacted to a relative compaction
of 90 %. Backfill material shall have a "Sand Equivalent" value of not less
than 20 as determined by the California Test Method 217F, if the excavation
falls within the existing or proposed roadbed. Consolidation by ponding and
jetting will permitted when, as determined -by the engineer, the backfill mate-
rial is of such character that it will be self_ draining when compacted, and
the foundation materials will not soften or be otherwise damaged by the applied
water and no damage from hydrostatic pressure will result. Ponding and jetting
of the upper 4' below finished grade is not permitted. When ponce ng an
jetting s permitted, ma er al for use aruc ra-r 5ackfill shall be placed
and compacted in layers not exceeding 41 in thickness. Ponding'and jetting mt.
methods shall be supplemented by the use of vibratory or other compaction equip-
ment when necessary to obtain the required compaction.
By accepting this permit, the Permittee agrees to pay all laboratory costs in
conection with the necessary tests which may be required by the Dept. of Trans-
portation engineer to determine the sand equivalent value of the backfill
material or the trench backfill compaction. It is further understood that
the frequency of such teats shall not exceed one test per 1500' of trench at
elevations of not less than every 2' of.backfill depth.
Prior to starting the trench backfill, the Permittee shall make the necessary
arrangements with the Dept. of Transportation or a private materials teating
laboratory to conduct these tests.
Repairs to asphalt shoulders shall be made with asphalt concrete to match the
existing shoulder.
Concrete sidewalks or curbs shall be cut to the nearest score marks and re-
placed equal in dimensions to that removed with score marks matching existing
score marks.
When installation is to be made by boring or jacking under the traveled way,
excavations on either side of the road shall be sufficiently distant from the
edge of pavement to insure pavement stability and minimum obstruction to
traffic as determined by the State's representative.
If considered necessary by the State's representative, the Permittee shall at
his expense, pressure grout from within the casing .and /or from the top of
pavement, the area between the pavement and the casing in order to fill any
voids caused by the work as covered under this permit.
Service connections must be installed at an angle of 90 degrees from the
center line of the State highway which the main line traverses.
BORE CLAUSE
All boring operations shall be made without the
use of water or air excepting that a minimus amount
of water supplied from a container sounted on operator's
equipment may be used for bit lubrication only.
If considered necessary by the State's Representa-
tive, the Permittee shall, at his expense, pressure
grout from within the casing and /or fros.the top of
pavement, the area between the pavement and the assing,
in order to fill any voids caused by the work se
under this permit.
FORM 07 - SP -Bor. Rev. 3 2/23/77
0
ILLUMINATED TRAFFIC.CONM
ATTACHED TO AND M.LE A PART OF PERMIT NO. 781 -E- 767187
Illuminated traffic cones shall conform to the following
provisions:
Illuminated traffic cones shall be furnished, placed and main-
tained at the locations specified by the Department of Trans-
portation's representative in the field at no expense to the
State.
Cones shall be made of highly pigmented, translucent, fluo-
rescent, red - orange, polyvinyl.chloride. The cones shall be
a minimum of 28 inches high with a base at least 14 inches
square.
The cones shall be illuminated by setting each cone over an
operating lighting unit placed directly on the pavement.
The lighting unit shall consist of a 6 -volt, dry cell battery
and a 3 -watt lamp. The battery shall be of sufficient capacity
to operate the lamp at full brilliancy.for a minimum of 8 hours
anc shall be provided with a polarized receptacle on top which
will accommodate a lamp socket and lamp. Reflectorized tape
with a pressure sensitive adhesive shall be placed over the
top of the battery to reflect the light upward prior to insert-
ing the lamp socket and lamp. The lighting unit shall be
weatherproof and shall have maximum dimensions'of 3" x 3" x 6 ".
There shall be a minimum of two batteries in good working order
for each cone it the job site at the start of each working,
night. .
Permittee shall replace batteries in the lighting units, when,
in the opinion of the Inspector, the brilliancy of the lamps
becomes inadequate.
Illuminated traffic cones damaged from any cause during the
progress of the work shall be immediately repaired or replaced
by the permittee at his expense.
All work, shall conform to the "Manual of Warning Signs, Lights,
and.Devices For Use In Performance of Work Upon Highways ".
7 MP-618
Sept 73 Rev
MAINTENANCE - PERMITS
SPECIAL PROVISIONS FOR ENCROACHMENT' PERMIT N0. 781 -E- 767187
HIGHWAY FACILITIES:
THE PERMITTEE SHALL NOTIFY THE DEPARTMENT OF TRANSPORTATION
SIGNAL LABORATORY AT 213 - 620 -2215.9 AT LEAST 72 HOURS IN ADVANCE
OF ANY EXCAVATION WITHIN 500' OF A SIGNALIZED INTERSECTION OR
IN THE VICINITY OF STATE LIGHTING FACILITIES.
THE PERMITTEE AND /OR HIS CONTRACTOR ASSUME THE RESPONSIBILITY
FOR THE PAYMENT OF ALL COSTS INCURRED BY !AE STATE IN REPAIRING
FACILITIES DAMAGED DURING CONSTRUCTION. REQUESTS FOR RELOCATION
FACILITIES'FOR THE CONTRACTOR "S CONVENIENCE MUST BE MADE IN
WRITING WITH THE CONTRACTOR ASSUMING COSTS.
0
7 -MP -30
AUG 78
Department of Transportation (Caltrans)
SPECIAL PROVISIONS TO
ENCROACHMENT PERMIT - UNDERGROUND
DM -M -P -221 (Rev. 12(80)
PIPES, CONDUITS, AND UNDERGROUND tACILITIES
UG1 Crossing Roadway: Pipes shall normally be jacked or otherwise forced
underneath pavement without disturbing same. Pavement or roadway shall
not be cut unless specifi,_aily allowed by the permit. Service pipes
will not be permitted.inside of culverts used as drainage structures.
UG2 Highway Structures: The permittee will pay for any damage to highway
structures ca.:Bed by gas mains or other pipe lines carrying flammables.
This includes, but is not limited to, explosion or fire resulting from
such installation regardless of causation. If repairs are not
feasible, comt.lete replacement of the structure may be necessar,, The
permittee will idemnify and hold the State harmless from any and all
claims for inlicry to person or damage to property resulting from such
installation.
UG3 Limit of Excavation: No excavation is to be made closer than ten (10)
feet from the edge of the pavement except as may be specified in the
permit.
UG4 Tunneling: Except in effecting emergency repairs on utilities, no
tunneling will be permitted, except on major installations as may be
specifically set forth by the permit.
UG5 Underground Facilities:: Shall be in accordance with Caltrans' "Polio on
high and low risk underground facilities within highway rights of way."
Facilities other than high or low.risk must have a minimum of 30 inches
of cover.
UG6 Backfilling: Except as otherwise authorized on the':permit, all back -
filling shall conform to applicable sections of the current Caltrans'
Standard Specifications pertaining to the backfilling of structures.
Any required compaction tests will be paid for by the permittee.and the
report furnished to Caltrans.
UG7 Roadway. Surf acing and Base Material: Surfacing and base material and
thicknesses thereof shall be.as specified in the permit.
UG8 Damage to Tree Roots: No tree roots over two (2) inches in diameter shall
be cut when trenching or other underground work is necessary adjacent
to roadside trees. The roots that are two inches or more in diameter
shall be carefully tunneled under and wrapped in burlap and kept moist
until the trench is refilled.. Trenching machines may not be used under
trees if the trunk or;limbs will be damaged by their use.
If the trees involved are close together and of such size that it is
impractical to protect all roots over two inches in diameter, special
arrangements may be made whereby pruning of the tree tops to balance
the root loss can be done by the permittee under the close supervision
of the District Landscape Specialist or District.Tree Maintenance
Supervisor. Manholes shall not be installed within 20 feet of any tree
trunk.
UG9 Pipes Along Roadway: Pipes and conduits paralleling the pavement shall be
located outside of pavement, as specified in the permit.
UG10 Borrow and Waste: Only such borrow and waste will be permitted within
the limits as set forth in this permit.
UG11 Required Markers: Except as hereinafter provided in paragraph (c) of
this subsection, all underground installations of pipes, cables, and
conduits in a highway right of way shall be marked and designated as
follows:
a) All New Installations of Underground Crossovers, Except Service
Laterals. A timber or other suitable marker shall be installed and
maintained by permittee outside the ditch line at locations suitable to
the District Director where no curbs exist,.which.marker shall extend
30 inches above the roadway surface and have stenciled thereon the
nature of the underground obstruction and the name or identifying
symbol of the permittee. Where curbs exist, the crossover shall be
identified by description and name of owner stenciled.on curb in black
letters on white background in a compact and legible manner.
b) All New Longitudinal Installations of Underground Pipes, Cables
or Conduits. Where no curbs exist, timber or other suitable markers'
shall be placed adjacent to the conduit or offset to such distance as
may be specified and at intervals not in excess of 1,000 feet, at each
angle point, or where nonconcentric with the highway improvement, at
least every 300 feet. Where the encroachment is located in the
traveled way, timber or other suitable markers shall be placed at an
offset outside the ditch line at locations suitable to the District
Director with an offset distance given. Where curbs exist, the
information shall be stenciled on the curb near each intersection.
c) Markers should be placed so as not to interfere with vehicle
recovery areas.
d) Exceptions. In counties and incorporated cities where the
permittee has filed a map or maps with the County Surveyor, City
Engineer, District Director of Caltrans showing the ownership and
description of the underground "facilities mentioned in subsections (a)
and (b) above in accordance with ordinances, other regulations or
established practice, it will not be necessary to mark or designate
said facilities as required above.
UG12 Cathodic.Protection: The Permittee shall perform stray current
interference tests on underground utilities under cathodic protection.
Tlie permittee shall notify Caltrans prior to the tests and perform any
necessary corrective measures recommended by Caltrans.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
JASMINE CREEK STORM DRAIN, PHASE I
CONTRACT NO. 2181
INDEX
TO
SPECIAL PROVISIONS
Section
Page
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . . . . .
. . . 1
II.
COMPLETION, SCHEDULE, AND PROSECUTION OF WORK. . .
. 1
III.
PAYMENT . . . . . . . . . . . . . . . . . . . . . . .
. . . 1
IV.
TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . .
. . . 1
V.
PERMITS. . . . . . . . . . . . . . . . . . . .
. . . 3
VI.
STATE OF CALIFORNIA PERMIT AND INSPECTION. . . . . .
. . . 4
VII.
CONSTRUCTION SURVEY STAKING. . . . . . . . . . .
. . . 4
VIII.
NOTICE TO RESIDENTS. . . . . . . . . . . . . . . .
. . . 4
IX.
PROTECTION OF EXISTING UTILITIES AND STRUCTURES . .
. . . 4
X.
WATER. . . . . . . . . . . . . . . . . . . . .
. . . 4
XI.
GUARANTEE . . . . . . . . . . . . . . . . . . . . . .
. . . 4
XII.
SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . .
. . . 5
A. Surface Water . . . . . . . . . . . . . . . . . .
. . . 5
B. Groundwater . . . . . . . . . . . . . . . . . . .
. . . 5
XIII.
GUARDING UNDERGROUND CONSTRUCTION; SOILS REPORT. . .
. . . 5
XIV.
CONSTRUCTION DETAILS . . . . . . . . . . . . . . . .
. . . 6
A. Mobilization, Clearing and Other Removals.
. . . 6
B. Storm Drain Improvements . . . . . . . . . . . .
. . . 6
C. Water Main Construction. . . . . . . . I . . . .
. 7
D. Asphaltic Concrete Sealant in Bayside Park . .
. 8
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
JASMINE CREEK STORM DRAIN, PHASE I
CONTRACT NO. 2181
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
Page la
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro-
poses to furnish all materials and do all the work required to complete Contract No. 2181
in accordance with the Plans and Special Provisions, and will take in full payment therefor
the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobi- lization and clearing including
removals as required
@ _ Dollars
and ff.,
Cents $Ze,b06 $ a0,000.
Per Lump Sum
2. 716 Install 60" R.C.P. _
Lineal Feet
@ Dollars
and or- w
Cents $ 15. $ 13a,1ozo.'
Per Lineal Foot
3. 648 Install 57" R.C.P.
Lineal Feet (�
@—TML Dollars
c �
�
Cents $ fq0o� $ 1�13,P0.
Per Lineal Foot
4. 21 Install 48" R.C.P. n
Lineal Feet ,r�,` 11
@ 1X' ollars
and
Per Lineal Foot Cents $ Its d�_ $
Page lb
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
107 Ins 11 18" R.C.P.
Lineal Feet
@ I Dollars
and oc . ec
Cents $ s-9, 0
Per Lineal Foot
6.
2
Construct Manhole No.
2 per City
Each
of Newport Beach Std.
307 -L
I�
@
tt�
Dollars
and
Cents
$
pt
�, FSOO•
$
ec
S , 6Q0•
ac
7.
2
Construct Manhole No.
4 per City
Each
of Newport Beach Std.
308 -L
@
AAnl
Dollars
and
Cents
$
pe
2 P
$
e�
9.400.
Each
8.
1
Construct curb inlet
L =5.0' per
Each
City of Newport Beacf
Std. 305 -L
@
nil
Dollars
and
o'
Z2CO. -
Cents
$
$
)00,0
Each
9.
1
Construct curb inlet
L =10.0' per
Each
City, of Ne t Beach
1
Std. 305 -L
@
Dollars
and
o,
06
Cents
$
Z
Each
10.
1
Construct curb inlet
L =12.0' per
Each
City of Newpo t Beach
Std. 305 -L
@yy
Dollars
and
o6
Cents
$
oo•
Each
---,300.--
11.
1
Construct curb inlet
L =20.0' per
Each
City off ewport Beach
Std. 305 -L
@ JCIMJiq
I
�_
_Dollars
and
Cents
$
17. 14,500 Construct asphaltic concrete
Square Feet sealant in Bayside Park
@ — — Dollars
Cents $ 0-ezju $ oZ.QLi1.�
Per Square Foot
Total Price Written (Phase I without ADDITIONAL BID ITEMS):
ollars
°
Cts $ j
•
.
Page lc
ITEM
QUANTITY
ITEM DESCRIPTION
UNIT
TOTAL
NO.
AND UNIT
UNIT PRICE WRITTEN IN WORDS
PRICE
PRICE
12.
Lump Sum
Guarding underground construction
@
(
Dollars
and
Cents
$ sr�10.0-
bG
Per Lump Sum
13.
Lump Sum
Traffic control
Dol 1 ars
and
pL
�,0c_
oG
"
Cents
$
$
1, 04001
Per Lump Sum
14.
2
Construct pipe collar per City
Each
of Newport Beach Std. 313 -L
@
Dollars
and
Cents
$ SOD. '
$
11 too. ✓
Each
15.
Lump Sum
Construct brick and mortar bulk-
headll��
@ d'1AAAt�
oo
Dollars
and
Cents
ec
$ ;Do.
$
eG
90a
Per Lump Sum
16.
360
Construct 8" A.C. water main
Lineal Feet
/p"�
@ �pp,�
x
Dollars
and
Cents
$
DC
Per Lineal Foot
17. 14,500 Construct asphaltic concrete
Square Feet sealant in Bayside Park
@ — — Dollars
Cents $ 0-ezju $ oZ.QLi1.�
Per Square Foot
Total Price Written (Phase I without ADDITIONAL BID ITEMS):
ollars
°
Cts $ j
• • Page Id
ITEM
QUANTITY
ITEM DESCRIPTION
UNIT
TOTAL
NO.
AND UNIT
UNIT PRICE WRITTEN IN WORDS
PRICE
PRICE
ADDITIONAL BID ITEMS
(To be bid by all Contractors)
18.
93
Install 54" R.C.
Lineal Feet
@ Eli
Lars
and
Cents
g
$ 27 5, —
•�
$2S g�
Per Lineal Foot
_
19.
40
Install 30" R.C.P.
Lineal Feet
/�
I(. I /�
@ (
AV,
�l tM�.�C.dL Dol 1 ars
and
C
oa
Cents
$ IOQ.
$
Per Lineal Foot
20.
1
Construct pipe collar per City
Each
o Newport each Std. 313 -L.
@
Dollars
and
�OQ at
5G
Cents
$
$ Sop, --'
Each
21.
2
Construct Manhole No. 2 per City
Each
of Newport Std. -L.
1Beach /307
Dollars
and
Cents
yC
$ 3,DoO. '
p�
$ L,60v. —
Each
22.
130
Jack 54" R C.P.
Lineal Feet
Dollars
and
a�
Ic
Per Lineal Foot
23.
-
Guarding Underground Construction
Lump Sum
@ J/�
Dollars
and
Cents
$ �,OQ�%
06
$ 2,000,
Lump Sum
24.
-
State of California Permit, Traffic
Lump Sum
C ro_l and Inspection
@
Dollars
and
/ !
�`
Cents
Lump Sum
• Page le
T tal Price Written Words (Phase I with ADDITIONAL BID ITEMS):
Dollars
Citts
Contr ctor's License No. ! 6 `(J �_._d_#/�iiZ-: AL.LO 9`
�Od ty L L 0 ,
Date
Authorized Siqna ure /Title
Bidder's Address �ob �' 4 ,4• 96 o d K
Bidder's Telephone No. 02(3' V10Y —Z%OS
• INSTRUCTIONS TO BIDDERS • Page 2
The attached bid documents shall be completed, executed and received by the City
Clerk in accordance with NOTICE INVITING BIDS:
Page 1. PROPOSAL
" 2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (sum not less that 10% of total bid price for
Phase I with Additional Bid Items)
5. NON- COLLUSION AFFIDAVIT
" 6. STATEMENT OF FINANCIAL RESPONSIBILITY
7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less that 10% of the
total bid price for Phase I with Additional Bid Items) may be received in lieu of
the BIDDER'S BOND. The title of the project and the words SEALED BID shall be
clearly marked on the outside of the envelope containing the bid.
Bids shall not be received from bidders who are not licensed in accordance with
the provisions of Chapter 9, Division III of the Business and Professions' Code. The
low bidder shall also possess a City of Newport Beach business license prior to exe-
cution of contract.
Bids are to be computed upon the 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 or omissions in the PROPOSAL.
Quantities indicated in the PROPOSAL are approximate and given solely to allow the
comparison of total bid prices.
Contract documents shall bear signatures and titles of persons authorized to
sign on behalf of the bidder. For corporations, the signatures shall be of the
President or Vice President. For partnerships, the signatures shall be of a general
partner. For sole ownership, the signature shall be of the owner.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages
in the locality in which the work is to be performed for each craft, classification,
or type of workman or mechanic needed to execute the contract. 'A copy of said deter-
mination 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 prevail-
ing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible
for compliance with Section 1777.5 of the California Labor Code for all apprentice -
able occupations.
The City of Newport Beach reserves the right to award contract items Nos. 1
through 17 only; however, bidders shall bid contract items Nos. 1 through 24.
Bidders are informed of City of Newport intent to advertise for bid, on or about
June 1, 1981, a 1,000 LF reach of 54" RCP upstream of Station 16 +31.95. Copies of
this proposed contract may be previewed at the office of the Public Works Department.
,W 03 R 6ZT. NY±7 w� rz7:
Contr's Lic. No. & Classification Bidder I �f
Date Authorized Signature/Title
• Page 3
DESIGNATION OF SUBCONTRACTOR(S)
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer and as provided by State law.
Item of Work Subcontractor Address
2
3
4.
5.
6.
7.
8.
9.
10.
11.
12.
�6N�U T MALE a�
Bidder
Authorize Signature/ it e
• • Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, JOWN T. MALLOY & JOHN T. MALLOY, IN6. A n. yENMLF , as bidder,
and OHIO CASUALTY INSURANCE COMPANY , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
TMrrAcENT (to%) OF THE AMOUNT BM 11 Ddl1ars ($io% ),
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
e of Project
in the City of Newport Beach, is accepted by the City Council of said City, and
if the above bounden bidder shall duly enter into and execute a contract for
such-construction and shall execute and deliver the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days
(not including Saturday, Sunday, and Federal holidays) from the date of the
mailing of a notice to the above bounden bidder by and from said City that said
contract is ready for execution, then this obligation shall become null and
void; otherwise it is and shall remain in full force and effect, and the amount
specified herein shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an indi-
vidual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 15 day
of APR , 191981
JOHN T. MALLOY & JOHN T. MALLOY, INC. A ST. YENTni?
Bidder
(Attach acknowledgement of
Attorney -in -Fact) T
Authorized Signature /Title
OHIO CASUALTY INSURANCE CO ANY
Sur/e�
By N 1'
ATTORNEY- IN -H.CT
Title
r
n
C
AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY
STATE OF ......... Call. fArnA a ...............................
SS.
COUNTY OF ..... Los.. Ange. le .s .............................
On this ..... 15th... day of .................... APr. i.................................................... 19..81. before me
S M. Greger
personally appeared ........... ..............................' ...................... ............................... Attorney -in -fact.
of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me
duly sworn, did depose and say, that he resides in ..... PWrb knk,,,,CA .. .......................: that he is the
Attorney -in -fact of The Ohio Casualty Insurance Company, the corporation named in and which execut-
ed the within instrument; that he knows the corporate seal of acid corporation; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation, and that he signed and executed the said instrument as Attorney -in -fact of said cor-
PATRICIA HARAN
My Cb
expires.Al OXAGS.PLI3W&.• .
J7L
FD
STATE OF CALIRaIA
Form
-�-/ >' PRINCIPAL OFFICE IN
I LOS ANGELES COUNTY
w
My COalallssloa Expires April 19, 1982
:.. '.. ... :..
......... ...............................
Notary Pablk.
• • Page 5
NON- COLLUSION AFFIDAVIT
The bidder, by its officers and agents or representatives present at the time
of filing this bid, being duly sworn on their oaths, say that neither they nor
any of them have, in any way, directly or indirectly, entered into any arrange-
ment or agreement with any other bidder, or with any public officer of such
CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has
paid or is to pay to such bidder or public officer any sum of money, or has
given or is to give to such other bidder or public officer anything of value
whatever; or such affiant or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the attached bids; that no bid has been
accepted from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the bidder from con-
sidering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman
from submitting bids to a bidder who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be sug-
gested, offered, paid or delivered to any person whomsoever to influence the
acceptance of the said bid or awarding of the contract; nor has the bidder
any agreement or understanding of any kind whatsoever with any person whomso-
ever to pay, deliver to, or share with any other person in any way or manner,
any of the proceeds of the contracts sought by this bid.
Subscribed anI;1 sworn to before me
this 1,4-P day of
19-KL.
My commission expires:
PATRICIA HARAN
STATE OF CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires April 19, 1982
J6E14 T. MATTOY & SOAN T Mann: lye,, A YL VENTIM
Bidder
Authorized Signature r itle
Notary Public
•
• Page 6
STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his financial responsibility
or agrees to submit a statement within 1 work day after the bid opening if
the undersigned is the apparent low bidder.
%OffN TF MAUL'
Bidder
ut orized Signature Ti r e
• Page 7
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
Completed For Whom Performed (Detail) Person to Contact Telephone No.
I qR I Z3.4 -� - L 100 s o u p sZkAP6,, �)
-b N T M LLdy
Bidder
Authorized Signature /T tle
"A April 27, 1980
At-TA9h
CITY COUNCIL AGENDA
DC " (C(If C({ ITEM NO. — 02 C4 )
By tha C1TY COUNC.iL
CITY OF r :,_TF4RT ACH
oU CC COUNCIL
FROM: Public Works Department
SUBJECT: JASMINE CREEK STORM DRAIN, PHASE I (C -2181)
RECOMMENDATION:
Adopt a resolution awarding Contract 2181, including Additional Bid
Items No. 18 through 24, to John T. Malloy for $432,824; and author-
izing the Mayor and the City Clerk to execute the contract.
DISCUSSION:
At 11:00 A.M. on April 15, 1981, the City Clerk opened and read the
following bids for this project:
Relative Without Additional With Additiona
Position Bidder Bid Items Bid Items
1.
John T. Malloy
$334,470
2.
G. R. Frost, Inc.
329,120
3.
Prkacin Co. & Runje Corp.
366,060
4.
Channel Constructors, Inc.
370,140
5.
Mike Prlich & Sons
381,167
6.
Charles T. Brown, Inc.
407,154
7.
Irvine Pipeline Co.
388,091
8.
K.E.C. Co.
383,782
9.
Savala Construction Co., Inc.
400,990
10.
Cornish Construction
460,600
11.
Lawrence A. Gosh & Gosh Con-
struction Corp.
463,515
12.
Ivan Bachan Construction Co.
450,835
13.
Mladen Buntich Construction Co.
589,745
$432,824
435,620
464,000
488,390*
491,367
498,988
501,026
507,112
547,040
564,000
573,620
642,805*
712,465
*Bids contained mathematical errors. Corrected bid totals
did not change relative positions of the bidders.
The low bid, including Additional Bid Items Nos. 18 through 24, is
24% below the Engineer's estimate of $570,000.
John T. Malloy, the low bidder, is a well - qualified general contrac-
tor who has successfully completed recent public works contracts for the City.
The project joins the Bayside Drive storm drain east of Fernleaf
Avenue, extends eastward 750 feet through Bayside'Drive Park, then northward
650 feet in Iris Avenue to Pacific Coast Highway. Additional Bid Items
Nos. 18 through 24 provide for an additional 225 feet of storm drain construc-
tion required to cross Pacific Coast Highway at Iris Avenue.
April 27, 1980
Subject: Jasmine Creek Storm Drain, Phase I (C -2181)
Page 2
The budgeted amount is $500,000 (Acct. No. 02- 3497 -173). Half of the
contract costs are to be provided by the Orange County Environmental Management
Agency.
Plans, special provisions, and estimates for the project and for
Phase II (to be bid this summer) have been prepared by Alderman, Swift and
Lewis, Consulting Engineers. Construction of both phases will permit the aban-
donment of the existing storm drain conduit, which is deficient in capacity,
strength and accessibility.
Benjamin B. Nolan
Public Works Director
LRD:jd