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HomeMy WebLinkAboutC-847(E) - Jamboree Road Realignment between Pacific Coast Highway and Palisades Road (1969-1971)CITY OF NEWPORT BEACH FINAL REPORT FOR THE IMPROVEMENT OF JAMBOREE ROAD FROM PALISADES RD. TO MAC ARTHUR BLVD. AHFP PROJECT NO. 501 APRIL 1971 I CITY OF NEWPORT BEACH FINAL REPORT FOR THE IMPROVEMENT OF JAMBOREE ROAD FROM PALISADES ROAD TO MAC ARTHUR BOULEVARD ' City Contract Number 1205 AHFP - Project 501 ' PROJECT DESCRIPTION Date work began: July 1, 1970 1 Date work completed: February 3, 1971 L The project consisted of the extension of Jamboree Road from 800 feet southerly of Palisades Road to MacArthur Boulevard, providing a through route from the Pacific Coast Highway to northerly of the ' San Diego Freeway. Included in the project was the construction of a curbed median, ' drainage facilities, Road and installation modification of the traffic signal at Palisades of a traffic signal at MacArthur Boulevard. Additional fill was placed to raise the grade of Jamboree Road to ' accommodate the construction of the future Corona del Mar Freeway. The cost of this work was paid by the State Division of Highways and was not included in the AHFP funding. 1 ' Length in miles: 0.38 Contractor E. L. White Company, Inc. 1 Engineer in Charge: Benjamin B. Nolan City Engineer RCE 12806 Date work began: July 1, 1970 1 Date work completed: February 3, 1971 L FINAL REPORT INDEX - 2 - Page I. CONSTRUCTION CONTRACT COST DISTRIBUTION 3 II. COST DISTRIBUTION FOR OTHER 'WORK 4 I a. Design Engineering 4 b. Construction Engineering 6 c. Work Performed by Southern California Edison 7 III. LIQUIDATED DAMAGES 7 IV. CHANGE ORDERS 7 V. DIVISION OF COSTS 8 VI. COST SUMMARY 8 VII. CONTRACTORS PERFORMANCE 9 VIII. QUALITY OF 'WORK 9 IX. ENGINEER'S CERTIFICATION 9 X. 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W N W O1 " t0 t0 001 In V W O N W w N 01 0 n CD O O O O O Cn - W W t0 O r -. 0 LO O Ch 00 AWO w N Vw wSAO Ck H w O OA 00 00(71 A O VCn 60 AO O K C+ O O C) C) CD CD 000 O O A000 O J � I I W V to A=- W N w t11 - K 01 N Cn A O d W 0 + 3 O w r rr mr n `. J N 0 _ 3 O N M %0 N r w O n = ko N t0 t0 A 71.1 A Ix A Ow C+ O . V A 00 00 N O O O O S O p£� '< O N A 1 1 rWr CT d 1 C n v s rnrvnr cf aT,a-n f � T 0 A �� T ` Cn CA71 W C71 t0 V C O ko I O tWO On d O O O O O A C+ I _. i - I i I ' II. COST DISTRIBUTION FOR OTHER WORK ' A. DESIGN ENGINEERING 1. Consulting Engineer 1.1 Original Design $ 9,215.62 1.2 State Highway Redesign (Note A) 5,500.00 ' 1.3 O.C.R.D. Redesign (Note B) 1,467.02 Total $ 16,182.64 2. City Labor I 2.1 Labor Costs $ 3,592.99 2.1.1 18% overhead 646.73 2.1.2 Total 4,239.72 2.2 Pro -rata Cost for Each Phase of Design 2.2.1 Original Design $ 2,416.64 ' 2.2.2 State Highway Redesign 1,441.51 2.2.3 O.C.R.D. Redesign 381.57 h ' 3.1 Total Design Cost for Each Phase - ' 3.1 Original Design 11,632.26 3.2 State Highway Redesign 6,941.5-2 ' 3.3 O.C.R.D. Redesign 1,848.59 TOTAL $ 20,422.36 ' 4. Pro -Rata Design Cost for Each Agency ' 4.1 AHFP Eligible I AHFP Units Constructed x Original Design Total nits Constructed less ' State and County Changes (Note C) 152 ,472.42 - 97. - 3,826—.5-5 x 11 632.26 ' 8,219,11 '258,813.32 j' I I' -4- III. 1 I1 COST DISTRIBUTION FOR OTHER WORK (Cont'd.) A. DESIGN ENGINEERING (Cont'd.) 4.2 0. C. R. D. Original Count Units Constructed x Original Design ota On onstructe Less btate and County Changes (Note C) 58,776.85 x $11,632.26 = $ 3,168.40 768,813.32 - 39,191.10 - 3,826.55 , O.C.R.D. Redesign 1,848.59 TOTAL $ 5,016.99 4.3 City Water Fund Original City Units Constructed x Original Design Total Units Constructed less State and County Changes (Note C) 4,540.40 x $11,632.26 244.75 244.75 258, - 3,826.55 4.4 State Division of Highways State Highway Redesign (from Line 3.2) 6,941.51 TOTAL $ 20,422.36 NOTE A: Subsequent to the completion of the design, the State Division of Highways requested that the grade of Jamboree be raised to accommodate the future. Corona del Mar Freeway. The cost of the re- design and of the additional fill, etc. was borne by the State. ' NOTE B: Subsequent to the completion of the above re- design, the County Road Department requested that the Jamboree intersection be revised to ' accommodate the widening of MacArthur from 4 to 6 lanes. The cost of the re- design and of the additional work was borne by the County. NOTE C: "State Changes" is the total amount of unit price work charged to the ' State. "County Changes" is the amount of the net increase in unit price work resulting from C.C.O. #1. ' -5- ' II. COST DISTRIBUTION FOR OTHER WORK (Cont'd.) B. CONSTRUCTION ENGINEERING 1. Ci ty Cos is 1.1. Labor Cost $5,472.78 1.2. 18% Overhead 985.10_. 1.3. Equipment (Transportation) 431.22 1.4. Barricades (Note D) 682.47 1.5. Sandblasting 195.50 1.6. Signs and Paint Markings 869.21 1.7. Total $8,636.28 2. O.C.R.D. Costs 1,778.72 3. State Division of Highways Charges 263.00 4. Total $10,678.00 5. Pro -Rata Construction Engineering Cost for each Agency 5.1. A.H.F.P. Eligible AHFP Contract Cost Total Contract Cost x Total Cons t. En r. 9 155,399.42 x 263,046.32 10,678.00 = 6,308.23 5.2. O.C.R.D. Formula as above 63,909.40 263,046.32 x 10,678.00 = 2,594.31 5.3. City Water Fund Formula as above 4,540.40 263,046.32 x 10,678.00 = 184.31 5.4. State Division of Highways Formula as above 39,197.10 263,046.32 x 10,678.00 = :1,591.15 ' 5.5. Total $10,678.00 ' NOTE D: The contract required that no paving be placed until 'the signal systems were near completion. Because of the probability of rainy weather and the possibility of delays in the delivery of the signal components, it was ' decided to proceed with the paving and then barricade the road until it could be opened to traffic. -6- 11 .II. COST DISTRIBUTION FOR OTHER WORK (Cont'd.) C. WORK PERFORMED BY SOUTHERN CALIFORNIA EDISON COMPANY The Edison Company had a guy pole and anchors in the proposed traveled way. It was found that these facilities were in a prior easement from the Irvine Company and Lockheed Aircraft Company. The cost of relocating the ' pole and anchors was $2,261.53. A copy of the invoice is attached. The work performed was all in the city and 100% A.H.F.P, eligible. III. LIQUIDATED DAMAGES The contract date of completion was November 16, 1970. The signal was com- pleted and the road opened to traffic on February 3, 1971.j Part of the delay was due to accidental damage to the controller during shipping; however, it was determined that the completion would have been delayed 33 days purely due to slow delivery on the part of the supplier. Liquidated damages in the amount of $3,300 were assessed. The proceeds were shared on the basis of the cost of the construction contract paid by Orange County Road Department, A, H.F.P., and the City. IV. CHANGE ORDERS 1. Provided for widening the intersection at MacArthur Boulevard to accommodate the upgrading of MacArthur from primary to major status. I 2. Provided for application of hydro -mulch erosion control on the cut slope southerly of Palisades Road. ' 3. Provided for installation of a 30 second time delay switch at the Palisades Road signal. 4. Provided for removal and replacement of existing curb and gutter at MacArthur Boulevard; removal of A.C. berm on Jamboree Boulevard; and lowering of existing water main. [1 Note: All change orders have been reviewed and approved by the Orange County Road Department. Copies of the approved change orders are attached. - 7.- V.'•.DIVISION OF COSTS 9. A.H.F.P. Construction contract Design engineering Construction engineering Edison Company charges Total A.H.F.P. eligible Less 50% by City County cost Expended by County to date Less liquidated damages Balance due from County (A.H.F.P.) 2. O.C.R.D. Construction contract Design engineering Construction engineering Total Less deposit by OCRD Less liquidated damages Balance due from County 3. City Water Fund Construction contract Design engineering Construction engineering Total 4. State Division of Highways Construction contract Design engineering Construction engineering Total 5, City (Gas Tax) 50% A.H.F.P: eligible Less liquidated damages Total $155,399.42 8,219.11 6,308.23 2,261.53 172,188.29 -86 094.14 86— 415 - 67,046.61 - 1,169.17 $ 17,878.37 * $ 63,909.40 5,016.99 2,594.31 71,520.70 :- - 62,686.00 - 961.66 $ 7 $ 4,540.40 ;. 244.75 - r�4w3� 4 02 69 $ 39,197.10 6,941.51 . 1,591.15 $4,72.6 $ 86,094.14 - 1 169.17 $ 8 ,924.47 *an invoice for this amount accompanies this report. VI. COST SUMMARY ' City (Gas Tax)Share $ 84,924.97 A.H.F.P. Share 1 84,924.98 - Orange County Road Department Share 71 "520�;TQ -76 0 ' City Water Fund Share 4,969.46 State Division of Highways Share 47,729.76 Total Project Cost- 293,�D8�21 ' -8- r� i Y� .1 1 . 1 1 1 VII. CONTRACTOR'S PERFORMANCE The general contractor, E. L. White Company, Inc., completed the project in a workmanlike manner. The sub - contractors were: Steiny and Company (signals), excellent; L. J. Davis (concrete), excellent; Barnett & .Thomas (pipe), barely acceptable; and Industrial Asphalt(paving), very good. VIII. QUALITY OF WORK All phases of the project were of excellent quality except the storm drain and water main which were acceptable. IX. ENGINEERS CERTIFICATION: I hereby certify that the above is a true and correct statement of the work performed and the costs incurred on the above project. April 15,1971 Date - 9 - Bfnjamirf B. Nolan. City Engineer `I XII. APPENDIX 1. Before and after photographs 2. Copies of Change Orders 1 through 4 3. Billing for relocation of Southern California Edison facilities - 10 - .. MAR 71 e _ H � 4 � e 2 1 MRfl ]I J,Ati1BOQEE Via. - �74L i,S.aoES ,ea /NT€r2a�'EGT /ON_ LOOS /NG NE L�/ MAP it 1 i _J 1 " t wiz '�x.F+�•' ° °' °" �S�a : [ �. � �� � �- _: � � .. - -- � f. l Y MAR 11 goo Fr.. igAvzY OF' f 4tissro�s _ MAR ' CITY OF NEWPORT BEACH PUBLIC WORKS PROJECT CHANGE ORDER CHANGE ORDER NO. 1 DATE September 20 1970 CONTRACT -NO. 1205 PURCHASE ORDER NO. BUDGET N0. 25- 3389 -054.. CONTRACTOR'S NAME E. L. White Co., Inc. PROJECT NAME AND NO. Jamboree Road Improvements, Palisades to MacArthur ACTIOIi•. To accomodate the up- grading of MacArthur Boulevard from primary to Major status, revised plans date July 28, 1970 were : previously forwarded to you. The approximate changes in quantities reflected by the revised plans are: Note: 200 CY @ 0.70 $ 140.00 520 Add 0.55 286.00 t6. Tons @ Roadway excavation 2,010.00 120 7. Local borrow 804.00 8. Aggregate base 1.70 E 13. Asphalt concrete 1.50.'. ,. 693.00 24. "B" curb 27. "Ell curb 32. Traffic Signal Mod 145 Delete 0.50 14. Miscellaneous A. C.' LF @ 25. "D" curb 75 28. 3" P.C.C. Note: 200 CY @ 0.70 $ 140.00 520 CY @ 0.55 286.00 670 Tons @ 3.00 2,010.00 120 Tons @' 6.70 804.00 56 LF @ 1 1.70 95.20 462 LF @ 1.50.'. ,. 693.00 �_ 406.00 .. $4.434.20 145 SY @ 0.50 72.50 57 LF @ 1.70 96.90 75 SF @ 0.43 32.25 $ 201.65 Net change in contract price per this change: _$4,232,5 CITY OF NEWPORT BEACH ' PUBLIC WORKS PROJECT CHANGE ORDER ' CHANGE ORDER NO. 2 DATE September 30. 1970 CONTRACT NO. 1205 PURCHASE ORDER NO. - BUDGET NO.19 -3389 -054 ' CONTRACTOR'S NAME E. L. White Company, Inc. ' PROJECT NAME AND NO. Jamboree Road Improvement, Palisades Road to MacArthur Boulevard ' ACTION Due to the running sand encountered, treat the cut slope from approximately Sta 180 to Sta 184 with the spray -on erosion control material as described in Section 11 -18 of the Special Provisions. This work shall be performed at the agreed upon price of $0.02 . ' per square foot. The approximate cost of this change is: 1 M ' APPROVAL: L1 21,600. SF & $0.02 _ :5432.00. Lug • / /,f• r cc: Purchasing % ✓ / c, d d 3 Concurrence: r ragge . tkn;y Roqd ReparU"t CITY OF NEWPORT BEACH PUBLIC WORKS PROJECT CHANGE ORDER CHANGE ORDER NO. 3 DATE October 29, 1970 CONTRACT NO. 1205 PURCHASE ORDER NO. BUDGET NO. E. White Company, Inc. CONTRACTOR'S NAME L. ' PROJECT NAME AND NO. Improvement of Jamboree Road from Palisades Road to MacArthur Boulevard ACTION: Provide a 0- 30.second time delay switch in the detector circuit for the Jamboree Road southbound right turn lane at Palisades Road. '.This work shall be performed for the.agreed upon lump sum price of $200.00.. �< o OEF CONT T ' BY / DATE . /i /L / . / 7d ,APPROVAL: ; 1 Fie' Engineer Date tepar Date H nt ad Date .� .. range TotnWItotd Depar nt, ccr Purchas3no,.. _ -- s.., _,_!... .,•._.., .�_�� _.____ 5 Q CITY OF NEWPORT BEACH ' PUBLIC WORKS PROJECT CHANGE ORDER ' CHANGE ORDER NO. 4 DATE December 17, 1970 CONTRACT NO. 1905 HFP Snl PURCHASE ORDER NO. _ BUDGET NO-See below CONTRACTOR'S NAME F- 1_ White co_, Inc. j PROJECT NAME AND NO. Jamboree Road F usinn, Palicadas Road to MacArthur Rndavard ACTICN: Remove.and replace approximately 62 LF of "A" curb and gutter at the northeasterly corner of Jamboree and MacArthur. The cost of this work, including.A.C. patching, �. is $300.00. 2., Remove approximately 510 LF of type E curb and 7 reflector stakes in southbound Jamboree Boulevard at MacArthur Boulevard. The cost of this work, including . any A.C. patching necessary is $600.00. ,r 3. Remove and replace approximately 160 LF of 12 -inch A.C.P. water main found to .,.; be in the proposed aggregate base section at approximately Sta. 196+70 .to-.., 198 +30. The cost of this work is $2,295.00. Ref: Letter from.E..L. White Co., Inc. dated December 38 1970.. Note: Items 1 &.2, .O.C.R.D. Item 3, AHFP Budget No.: 25- 3389 -054 = $900.00 19 -3389 -054 = $1,147.50 20- 3389 -501 = $1,147.50 .-- `' .. CONTRACTO J4�? ax" BY r DATE . I � &41-iQ .' APPROVAL: Field En Weer Date ' 0,40 // -7/. Dep tment head Date jr range County Road Department Uate /:... .nct'.'.';Durehaeine4Fa.S��24 NrwronT nrtAE,N m,ANC11 YO.13A� CITY OF NEWP(--"1T BEACH llsnnk oi' "trica �? E r , "CALIFORNIA' ., a+ + + VIA LIDO NENIFORT 6EACM, CALIFORNIA No 21054 PAY : - I&A 0 N:" i r:/" 2 �+I. tiilF .il,.:p;� «14"w RDfR OF . Sept. 17 1 70 21 1 -� /' nom . 2.261653 !Southern California Edison Co. r054 6!53i� ! - L oAM -• CNECA NUMIKN /jj� j�jj NET ANOUNT 8120 Garfield Ave, _ Huntin ton apach Calif 222m13941: 020201N802010. ✓:: A. F "•_ PLEASE OLTACX •LEON[ DEFOSITINO, •��' HADZ ACCOUNT INVOICE R NO. ICE No. NET INVOICE • 'FUND TOTAL AMOUNT omeomlPhYW: NUMBER AMOUNT 19- 3389 -054 1 ,130.76 20 -3389 -054 , 1,130.77,'. 2.261.53 2 9261.53 I. Relocat guy acnch Road an MacArthur LCADE DETACH THIS STAY HIT FORE Dame TINe CHEDK , t Sales Invoice Huntingi DISTRICT DIEGO Relooatioa of jamboree Road and guy pot vd. THI• CHECK 1• TENOERtb II CITY OF NEWPORT BEACH 1 FAVMENT OF ITER/• LI/tto CA.LI►ORNIA _.r•..Y+w mow.. Y'.�"_^'._w'��•.r.. .. .e_wi - .�..+_^' ..�.w•, rf .�. G COLyEC'i70N COPY =a . Southern California Edison Company — T� w fwA Please mall payment. to: 1 ' Southern Caltiomta Edison Co City of 1letrpohr! lseacn 8120 Garfield . "City Ball RuaLingtl °__ 3ehrpoaO 8aoch• Caul. L ♦ purchase Order Na �.•�t� See Abow : ... i Address . i B= Order Ne. ,. .:. 3a.. ,.. .. .,.. ,,._ .... .. to ..: r _ _. _..: .•9a�}wA.ir'I.s,:%: ., .t W TU� Y H SEYMOUR ATT011N6Y4:LAW ' SUITE'�'9 366 SAN MIGUEL DRIVE NEWPORT BEACH. CALIR'ORN:A 02660 :.,17141 6445020 _ - X JI�rold 5. oIJv9r. Esq a�ttbrriey, at Law 14442 X. W'hitter Boulevard._ , P.O. Sox 938 Whittier,.`. California 90608 rot Coxeo, Inc., et al., v. City of Newport Beach 8MRerioX Court No. 167868_ Dear Jerry:. I was pleasantly sd1�dlto read in the newspaper of your appointm44t ",to the Butch. Congratulations on your new os eer. I am sure.thagt you will make a superb judge.. OA June 1, 1971, 1 ro*ignmd my position'as'City Attorney for rJewport Beach to accept a part -time City Attorney's position with the City of Laguna Beach. I.have opened an:office of , the general practice of lava in Newport Cent®r..The City of Newport Beach has retained me to'do tome consulting work during the period that they are recruiting fore new City Attorney. One of the pieces of unfinished businesa.Witch I hope to close out is our liquidated damages case. Afteer reviewing your letter of April 7, 1971, with the City's Public Works. Department I am prepared to x*oommend a settlement to the City Council on the basis of a fifty - fifty split of the 811,750.00 withheld by the City as liquidated damages, i.e._; g'i:yment of $5,875.00 to Coxco in full settlement of their glans. I am sure that you will agree with me that -a trial of this-case is unwarranted and would quite probably result in the Court or jury striking a compromise between your claim_ for.refund of liquidated damages and our counter claim for actual damages suffered by the City. t The above proposed settlement figure is, of course, based solely on an effort to arrive at a reasonable compromise and is not intended to reflect a re- evaluation of.,thd City's actual monetary losses. I would appreciate your reply,to this proytosal _1- Jerrold S. Oliver, raq 22, 1971 as soon -.'*a, possible, since the trial date is rapidly approapk'IA and we wiil ustdootedly want to get into some discovery if..; r offer is rejected. Kindest regards', Yours very truly, TULLY H. SEYHOUR THS:ada Cc:, Duffern Helsing, Esq. Acting City Attorney, Newport Beach. ;Public Works Director, Newport Reach.. 0 4k April 23, 1970 TO: CITY ATTORNEY FROM: Field Engineer SU6JECT: Jw,160REE ROAD REALIG !4EWT ( - 47) Following is the information requested in your memo dated April 7, 1970: 1, No other agency shared in the )11,750 liquidated damages assessed iy the City. 2. The City's costs regardi;;3 the delay in completing thie projects were: A. Cabildo Corporation :vas awarded a contract (C -1019) on April 10, 1::65 for construction of a water main in Jarworee Road. This main was to be attached to the side of the bridge deck. The timing of the award was such that Caoildo's wurK could be done concurrently with Coxco's completion of the deck. On May 25, 1966 we notified Cabildo of the possible rejection of the deck and asked them to delay the work on the bridge. On August 10, li)66 we notified Cabildo that they could continue across the bridge -- we assumed that the corrective measures would be approved and that the deck members would remain. On August 12, 1966, Coxco requested that we not allow Cabildo on the deck or to attach anything to tine deck. Cabildo was so notified. Cabildo laid tine pipe on either side of the bridge, then on August 15, IJo6, reiiioved their crew and equipment due to not being allowed to do the aork on the bridge. Upon completion of the repairs to the deck by Coxco, a cnanae order was negotiated oy toe City and Cabildo to compensate Cabildo for the extra expense caused by the delay. A copy of this change is attached. Items IA and Iis were not related to the delay. The cost of the remaining items was 53,315.29. d. Toe uridge deck slabs were rejected by the City on Narch 17, 1966. Tiie new deck was completed on April 11, 146 7. During this time the City incurred expenses for wages of personnel involved in determining the extent S Page Two April 23. 1970 of the faulty work. review of the plans for the proposed reredial work, and construction of the remedial work. de nave no exact payroll records for the above period, but do have the following: 7 -1 -u5 to 6 -31 -66 $2.535.34 7 -1 -66 to 6 -31 -67 53.972.62 I feel that the fiscal year 66 -67 total wages would fairly reflect the 13 -month period above. To these raw labor costs should be added 20:0 ($794.52) for fringe benefits and then 18% ($1358.08) for overhead, making a total of &45,625.22. A total of the above two direct costs is :P'3940.61. 3. Date From To Contents 3 -i7 -o6 C .y axco Deck no good. 4 -1 -66 City Coxco No furt,ier work till d:.,ck fixed. 4 -4 -56 -�cckviia City .1il1 fix known defects. 4- 1;i -60- City Coxco Fin+ all possible defects. 4 -27 -65 Rockwin Coxco /City Propose test to find defects. 4 -29 -66 Coxco City Let's meet to discuss. Early May, no record, but meeting was held. Decided that City would check with State, County, etc. 5 -24 -06 State City 3/4 -inch maximum displacement OK. 6 -7 -66 Rockwin Coxco /City Here are talcs for repairs. 6 -9 -66 City P.O.A. Here are talcs for repairs. 6 -9 -66 City State Here are talcs for repairs. (Sacramento) 6 -1u -66 City Coxco Calcs oeing reviewed; find defects. 6 -29 -66 State City Calcs probably OK. 7 -8 -6G P.O.A. City Calcs probably OK. 7 -10 -66 City (file) Tests completed 7 -13 -66 City Coxco Deck rejected 7 -14 -66 Rockwin Coxco /City Let's hire consultant. 7 -13 -66 City Coxco OK, maybe 7 -23 -66 Coxco City Have hired Wm. Lever 7 -28-66 Lever City Thanks for notes. 3-16 -66 City Cty /St /POA Lever's preliminary talcs 8 -26 -66 Flood District City OK 8 -22 -66 State City OK 3 -17 -66 POA city OK 8 -23 -66 County City 10; 9 -20 -66 City County Please. 0 0 Page Three April 23, 1y70 Date From To Conxaents 10 -3 -66 County City 10! 10 -12 -66 city Coxco OK, but you buy County share 10 -14 -56 Rockwin Lever Proceed -- hurry 11 -14 -66 Lever City Proposed specs. 1J -27 -66 city Lever OK, but add..... 11 -15 -66 Lever City Plans, etc., for approval 11 -17 -66 City Flood Plans, etc., for approval 11 -17 -66 City State Plans, etc., for approval 11 -30 -66 Flood City Plans OK 12 -1) -G6 &tate City Plans OK with corrections 12 -23 -66 City Lever Plans OK wita corrections 12 -2g -66 Lever City Plans, etc., for approval 12 -30 -6G City Coxco Giange order for County's share. 1 -9 -67 Lever City ,Approved plans and specifications received. t -i -u7 Coxco ity Comple4iun date will oe 3 -3 -67. 4 -11 -67 Rocicwin city Repairs Completed 4. oeu e;ie attacuied Xerox copi..,c of specifications. Generally, even if you don't catch re, with aly hand in cPhe cookie jar, iC is still stealing. Also, it is worth noting that the nature of the problem (sonovoid tubes floating aoove tneir designed location in tiie slabs) was sucl, that the defects were "hidden ", i.e., not visible to the eye. I still feel that we nave a strong case for the full damages. Aaturally Coxco and Rockwin will try to bring in items to clord the issue, i.ut, in cV opinion, these are not valid in our particular case. As I rei,ieober the previous cases and ap ^::als, in each that the contractor ;von, there were many circumstances Coat had no D;�arir.g on our case. In both the Board of Education case and the Flood Control District case, the contractor, in my opinion, was right from the start. There are none of these extenuating circumstances in the present matter. Je u. P. Dunigan, Jr. Field Engineer uP 0 /bg 1.; f. .. CITY OF NEWPORT' BEACH CALIFORNIA Jerrold S. Oliver Attorney at Law 14442 E. Whittier Boulevard Post Office Box 938 Whittier, California 90608 .A Re: Corso, Inc., et al., V. City of Newport Beach Oranae County Runerinr (`mir* CanA Nn 167R6R Dear Jerry: This is in reply to your request for voluntary dj4tovery as set forth in your letter of February 26, 1971. Your first question requests details substantiating the City's first counterclaim in the amount of $3,315.29. Thiq- amount is the out of pocket loss to the City resulting fraa lelays caused by the repair of the bridge deck by Coxco. On April 10, 1966, Cabildo Corporation was awarded a contract - -fdr construction of a water main in Jamboree Road. The main was to be attached to the side of the bridge deck.. The timing of the award was such that Cabildo's work could be done concurrently with Coxco's completion of the deck. On may 25, 1966 the City notified Cabildo of the possible rejection of the deck, and asked them to delay the work on the bridge. On August 10, 1966 the City notified Cabildo that they could proceed on the assumption that Coxco would proceed expeditiously with the correction of the defects in the bridge deck. On August 12, 1966 Coxco requested that the City halt Cabildo from proceeding with any work on the bridge, and Cabildo was so notified. After laying pipe on either side of the bridge, Cabildo removed its crew on August 15, 1966 in compliance with the City's request. After Coxco had completed repairs to the deck Cabildo was called back to complete the unfinished portion of its work. C- ,ibildo filed a claim with the City for extra work, and a change order was approved by the City. A copy of the change order is enclosed herewith. Note that Items 1A and 1B were not related to the delay, leaving a balance of $3,315.29. Your second question relates to the basis of the counterclaim in the amount of $10,000. On March bridge deck slabs were rejected by the City. Th, completed on April 11, 1967. During this period City's second 17, 1966, the new fleck was the City i Rer .Coxco, Inc. .. 'f -2_ March 31,_,1971 engine "ring staff had numerous meetings with representatives Of the contractor and other participating public agencies, as well as engaging in extensive correspondence and telephone ,contacts with same. In addition, City personnel made quite a ftmber of field trips to the site for purposes of inspecting tlW work. Of course, we are in a °position to document the above it(fts: should that become necessaryi; You also request any authorities I may have concerning the City's right to recover actual damages. I refer you to Aetna' ..Cas. Etc. Co. v. Bd. of Trustees, 223 C.A. 2d 337, 341 where the court held that although liquidated damages.would not be allowed due to.the fact that the delay in completion was due to the mutual fault of the parties, the public agency retained its right to show actual damages. I am prepared to recommend to the City Council that it authorize a compromise settlement of this litigation on the basis of the City retaining $9,140.00 in lieu of its actual damages of $13,315.29 as alleged in the amended complaint. From the $11,750.00 held by the City as liquidated damages, this would leave the sum of $2,610.00 to be refunded to your clients. Please advise if you wish me to present this proposal to the City Council. Yours very truly, TULLY H. SEYMOUR City Attorney THS:mh Encl. • -a �-77/ I� CITY OF NEWPORT BEACH CITY ATTORNEY Department T0: Public Works Director DATE: April 7, 1970 (Attn: Pat Dunigan) FROM: City Attorney SUBJECT: COXCO, INC., vs CITY OF NEWPORT BEACH (C -847) On April 7, 19702 I met with the attorneys for Coxco, Inc., and Rockwin Prestressed Concrete, in the chambers of Judge Van Tatenhove, to discuss possible settlement of the above entitled lawsuit. In order to analyze the City's position I would appreciate it if you could obtain the following information for me: 1. What disposition was made of the $11,750 in liquidated damages retained by the City? I particularly want to know whether the other public agencies received their shares of the damages. 2. The law in California appears to be quite clear that a public agency may not assess liquidated damages in cases where the cause of the delay in completion is partly attributable to actions of the public agency. In such situations the courts have taken the position that they will refuse to apportion the fault between the public agency and the contractor, and will refuse to allow the public agency to withhold any liquidated damages. However, this would not preclude a public agency from seeking recovery of actual damages. For the purpose of assessing our position with respect to the possibility of claiming actual damages, would you advise me as to any consequences which affected the City as a result of the delay in completion of the project, which might be considered as having caused the City a financial outlay which would not have been necessary had the contract been completed on time. 3. The attorneys for the contractor and subcontractor have made a big point out of the delay in approving the Change Order and related plans by the public agencies involved. Will you advise me as to the length of that delay and the causes thereof? 4. The opposing attorneys also alleged that the City had inspected the bridge components at the assembly plant and had approved them for use in the bridge prior to the time that they were moved to the job site. Can you give me further information on this allegation? Although the trial date for this lawsuit has been set for October 6, 1970, I would like to pursue the matter of settlement while the file is open and the information is relatively fresh in nmy mind. /Lcl� THS:mh TULLY H"EYMOUR City Attorney 0 r October 17, 1969 Orange County Road Department 400 Civic Center Drive, blest Santa Ana, California 92701 Attention: firs. Donis 3arrett SUBJECT: REALIU.'I lT OF JAMBOREE R0 '(C-847)) AHFP 138 Dear Ars. Barrett: �..---11 As you requested, enclosed is a copy of the invoice from The Irvine Company for equipment rental for the subject pro.iect. In compiling the original list of Other 'Work, $26.08 was placed under equipment rental rather than materials for settle - p:vnt rate readings. This error is corrected on the enclosed r revised "Other 'Work" page. Please bill the City in the amount of $28,262.62, the refund due the County for this project. Very truly yours, G.P.Dunigan, Jr. Field Engineer GPD /em Enclosures •s 0 5-05 CONTD 0 BE NECESSARY AND SHALL CONFORM TO SUCH EXPLANATION OR INTERPRETATION AS PART OF THE CONTRACTS SO FAR AS MAY BE CONSISTENT WITH THE INTENT OF THE ORIGINAL PLANS AND SPECIFICATIONS. IN THE EVENT OF DOUBT OR QUESTION RELATIVE TO THE TRUE MEANING OF THE SPECIFICATIONSj REFERENCE SHALL BE MADE TO THE ENGINEER, WHOSE DECISION THEREON SMALL BE FINAL. IN THE EVENT OF ANY'DISCREPANCY BETWEEN ANY DRAWING AND THE FIGURES WRITTEN THEREON, THE FIGURES SHALL BE TAKEN AS CORRECT. -06. SUPERINTENDENCE: WHENEVER THE CONTRACTOR IS NOT PRESENT ON'ANY PART OF THE WORK WHERE IT MAY BE DESIRED TO GIVE DIRECTIONS ORDERS WILL BE GIVEN RY THE ENnINFF.R IN WRITING, AND SHALL BE RECEIVED AND, OBEYED BY THE SUPER- INTENDENT OR FOREMAN IN CHARGE OF THE PARTICULAR WORK IN REFERENCE TO WHICH ORDERS ARE GIVEN. ' 5 -07. LINES AND GRADES: ALL DISTANCES AND MEASUREMENTS ARE GIVEN AND WILL BE MADE'IN A HORIZONTAL PLANE. GRADES ARE GIVEN FROM THE TOP OF STAKES OR NAILS UNLESS OTHERWISE NOTED ON THE PLANS. THREE CONSECUTIVE POINTS SHOWN ON THE SAME RATE OF SLOPE MUST BE USED IN COMMONS IN ORDER TO DETECT ANV VARIATIONS FROM A STRAIGHT GRADES AND IN CASE ANY SUCH DISCREPANCY EXISTSj IT MUST BE REPORTED TO THE ENGINEER. IF SUCH A DISCREPANCY IS NOT REPORTED TO THE ENGINEER, THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY ERROR IN THE FINISHED WORK. THE CONTRACTOR SMALL PRESERVE ALL STAKES AND POINTS SET FOR LINES, GRADES OR MEASUREMENTS OF THE WORK IN THEIR PROPER PLACES UNTIL AUTHORIZED TO REMOVE THEM BY THE ENGINEER. ALL EXPENSES INCURRED IN REPLACING STAKES THAT HAVE BEEN REMOVED WITHOUT PROPER AUTHORITY SHALL BE PAID BY THE CON - TRACTOR. 5 -08. INSPECTION: THE ENGINEER SHALL AT ALL TIMES HAVE ACCESS:TO'T.HE'.'WORK DURING CONSTRUCTIONS AND SHALL BE FURNISHED WITH EVERY REASONABLE FACILITY FOR ASCERTAINING FULL KNOWLEDGE RESPECTING THE PROGRESS, WORKMANSHIP AND CHARACTER OF MATERIALS USED AND EMPLOYED IN THE WORK, WHENEVER TMF- CONTRACTOR VARIES THE PERIOD DURING WHICH WORK IS CARRIED ON EACH 000,HESHALL GIVE DUE NOTICE TO THE ENGINEER2 SO THAT PROPER IN- SPECTION MAY BE PROVIDED. ANY WORK DONE IN THE ABSENCE OF THE ENGINEER WILL BE SUBJECT TO REJECTION. THE INSPECTION OF THE WORK SHALL NOT RELIEVE THE CONTRACTOR OF ANY or HIS 08LICAT�IONS TO FULFILL THE CONTRACT AS PRESCRIBED. DEFECTIVE WORK SHALL BE MADE GOOD AND UNSUITABLE MATERIALS ,jt.A F,,,,, F�PACT _NOL I TH STANDING • THE THAT SUCH DEFECTIVE WORK AND.UNSUI TABLE, MATERIALS HAVE BEEN (,1„Q�1B Q ,OQK Y T E ENGINEER AND ACCEPTEDOR�ETIMATED FOR PAYMENT. PROJECTS FINANCED IN WHOLE OR IN PART WITH STATE FUNDS SHALL BE SUBJECT TO INSPECTION AT ALL TIMES BY THE DIRECTOR OF PUBLIC WORKSO OF THE STATE OF CALIFORNIAo OR H13 AGENTS. , C' i ry Socscs u uocri k..s ic,v r4- C 6c.*4.& a•w.,47 . - _ OF %Oki, ;• Q S may bn considered evidence as to 1 be the sole judge as to whether the plans and specifications, and iations therefrom shall be final, station of Plans, Standard Speci- hese Standard Specifications, the .q it provisions, contract change or- i its are essential parts of the con - in one is as binding as though to he cooperative, and to describe I q, iandard Plans; Standard Plana :hese Standard Specifications; the Path these Standard Specifications e done or any of the matters rela- ed or explained in these specifica- ans, the Contractor shall apply to nations as may be'necessary and ontract. In the event of any doubt ie meaning of these specifications, reference shall be made to the Il be final. ween any drawing and the figures taken as correct. Detail drawings ,*ed by the special provisions sequence of operations as set with such requirements will be id for the various contract items n will be allowed therefor. tractor shall designate in writ- !d representative who shall have the Contractor, f 2 or more persons, firms, Part- on a joint venture basis, said before starting work, the name shall have the authority to rep- be present at the site of the ly in progress on the contract. ,ing periods wben work is sus - Engineer shall be made for any ithorized representative is not 'ork where it may be desired to the Engineer, which shall be CONTROL OF WORK Section b received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. Any order given by the Engineer, not otherwise required by the specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing. 6.1.07 Lines and Grades. - --Such stakes or marks will be set by the Engineer as he determines to be necessary to establish the lines and grades required for the completion of the work specified in these specifications, on the plans and in the special provisions. When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 2 working days be considered a reasonable length of time. Stakes and marks set by the Engineer shall be carefully preserved by the Contractor. In case such stakes and marks are destroyed or damaged they will be replaced at the Engineer's earliest convenience. a The Contractor will be charged for the cost of necessary replacement or restoration of stakes and marks which in the judgment of the Engi- neer were carelessly or wilfully destroyed or damaged by the Con -. tractor's operations. This charge will be deducted from any moneys due or to become due the Contractor. 6 -1.08 Inspection. —The Engineer shall at all times have access I� to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the work - 1 manship are in accordance with the requirements and intentions of i these specifications, the special provisions, and the plans. All work done and all materials furnished shall be subject to his inspection. --Tr—ojects financed in whole or in part with Federal funds sball be subject to inspection at all times by the Federal agency involved. j 6 -1.09 Removal of Rejected and Unauthorized Work. —All work which has been rejected shall be remedied, or removed and replaced ". by the Contractor in an acceptable manner and no compensation will be allowed him for such removal, replacement, or remedial work. Any work done beyond the lines and grades shown on the plans or F established by the Engineer, or any extra work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer unauthorized work shall be remedied, removed, or replaced at the Contractor's expense. Upoa failure of the Contractor to comply promptly with any order of the Engineer made under this Section 6.1.09, the Department may i (21) Sr4re -,ow, 0 #W kwys I SPer's t i I' it is I: ' II , li 11 26 24.5 Itent.) — 3.1 conform to the lines, elevations, and grades shown on the ' plans. Three consecutive points set on the same slope shall be •I used together so that any variation front a straight grade t can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the contractor shall be responsible for any error in the grade of the finished (cork. Grades for underground conduits will be set at the sur. face of the ground. The contractor shall transfer them to i the bottom of the trench. 2 -10 AUTHORITY OF BOARD AND INSPECTION. The Board has the final authority in all matters affecting the j work covered by the plans and specifications. Within the scope of the contract, the Engineer has the authority to enforce compliance with the plans and specifications. The 1 contractor shall promptly comply with instructions from the Engineer or his authorized representative. On all questions relating to quantities, the acceptability of I material, equipment, or work, the execution, progress or I sequence of work, and the interpretation of specifications or drawings, the decision of the Engineer is final and binding, and shrill be precedent to any payment under the contract, unless otherwise ordered by the Board. All work rind materials are subject to inspection and ap. proval of the Engineer. The contractor shall notify the Engi. neer before noon of the working day before inspection is re- quired. Unless otherwise authorized, work shall be done only in the presence of the Engineer or his authorized represents. tives. Any work done without proper inspection will be sub. ject to rejection. The Engineer and his authorized repre. i sentatives shall at all times have access to the work during it its construction at shops and ,yards as well as the project site. The contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. -lnapectjsty,,,n w work h�all �nQt r li v the contractor or of the o aeataon to u a all conditions or trip contract. SECTION 3 - CHANGES IN WORK I3 -1 CHANGES REQUESTED BY THE CONTRACTOR. Changes in specified methods of construction may be made at the contractor's request when approved in writing by the Engineer. Changes in the plans and specifications, requested in writ. ing by the contractor, which do not materially affect the work and which are not detrimental to the work or to the interests of the Agency, may be granted by the Board to 4 facilitate the work, when approved to writing by the Engi- neer. r 3.1.1 — 3.2.1.3 3.1.1 Payment F tractor. If much than. a reduction in cost or Nothing herein shall b contractor to demand 3 -2 CHANGES IN Agency may change the work, or quantity dollar value of all mucl does not exceed 25% a necessary to exceed tl written supplemental t Agency. Change orders shay value of the change c adjustment in contract involved, shall pro-lid dicating his acceptance 3 -2.1 Payment Fr 3 -2.1.1 Contract tiered in an item of w and such change does r `. character of the work eluded in the specifics be made based upon th• the contract unit price decrease in a major bi adjustment of payment change which, together , is not in excess of 251/. on the original quantitl If a change is of a contract unit price, an tial change in the chart . the plans or included it payment will be made i Should any cunt: payment will be made to notification of such c 3.2.1.2 Stipulate are those established b ments, as distinguished by the contractor. Stipu adjustment of contract 2.2.1.3 Agreed P changes other than them 3 -2.1.2 will be determitn and Agency. If unable t . direct the contractor to (Subsection 3.3). ou 0 S.."49 CITY OF NEWPORT BEACH PUBLIC WORKS PROJECT CHANGE ORDER CHANGE ORDER NO. 1 DATE January 189 1968 CONTRACT NO. 1019 PURCHASE ORDER NO. - BUDGET.NO.50- 9297 -025 CONTRACTOR'S NAME CABILDO CORPORATION PROJECT NAME AND NO. 18 -INCH WATER MAIN IN JAMBOREE ROAD, EASTBLUFF DRIVE TO PALISADES ROAD ACTION: Complete the project, including the below described extra work, for the lump sum, extra cost of $5,000.00. The cost breakdown is: I. A. Revise vault vents $ 110,00 B. Modify abutment water main supports. 1,574.71 II. B. Clean stockpiled pipe 593.29 D. Additional work in valuts 175.00 x. Clean and spot prime exterior of pipe 195.00 . •III. A. Interest on retained funds 500.00 B. Move on and off 350.00 C. Estimating, review, loss of momentum, etc. 1,450.00 D. Additional labor costs 52.00 APPROVAL: Total It is understood that should chlorination and /or flushing in excess of that normally needed be required,.the costs will be negotiated as a separate item. ^^&IV A nrnn. PAnil nn MOMPIRATION cc: Purchasing • 1l=.% Ws Change4 order approved by City Council 3/27/67. �TO: DATE....... _ Ken Perry V / Pat Dunigan MAYOR COUNCIL MANAGER F--j ATTORNEY F-� BUILDING F-1 CITY CLERK F-j FINANCE r--j FIRE GEN. SERVICES O HARBOR S: TIDELANDS F--1 LIBRARY F-1 MARINA PARK F-1 MARINE SAFETY F-1 PARKS St REC. PERSONNEL PLANNING POLICE rX-1 PUBLIC WORKS M PURCHASING r'-jTRAFFIC .FOR:F-iACTION & DISPOSITION FILE Xn INFORMATION REVIEW & COMMENT RETURN REMARL(S Please review this corres- pondence .......... I ... wou . I - a review ... t"o .... discuss ----our- 401-Ir- ... poi-n-ts made by Mr. Oliver. .......... .. ..... ...... be contacting y ou soon .... to ... wet --- up --- a:-meetknT ................... ............................................................ ............. Tullv TELEPHON E:6BJ B2B6 ' LAW OFFICES OF _ l')I JERROLD S. OLIVER i.lP _ , I4442 E. WHITTIER BOULEVARD \ � p /�� ",\ POST OFFICE BOX 938 - WHITTIER, CALIFORNIA 90608 Illl April 7, 1971 - °: r� TULLY H. SEYMOUR City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: Coxco, Inc., et al., vs. City of Newport Beach OCSC Case No. 167868 Dear Tully: Receipt of your letter of March 31, 1971 is acknowledged. I appreciate your cooperation in replying to the questions posed in my letter of February 26, 1971. Unfortunately•..I- cannot agree with your contentions concerning:the City'-s.right -to receive by way.of its counterclaims thelsum of $13,315.29. In regards to the $3,315.29 expended by the City to Cabildo, you should recognize that the City ordered the cessation of works during the period March 17, 1966 to July 13, 1966 because of subsidence in the fill areas. Admittedly during that same period of time the difficulties pertaining to the bridge members were discovered and remedial methods were discussed and eventually accepted by change order #7 dated December 30, 1966. The delay between July 13, 1966 and December 30, 1966, in my opinion was the result of the City as the contracting agent attempting to obtain the consent of the other agencies to the remedial concept. This can be verified by the letter of October 12, 1966 from Ben Nolan, Assistant Public Works Director, addressed to Coxco, Inc. Without attempting to place the blame for the necessity of the remedial work in the girders, it is a matter of record that a city inspector was present at Rockwin Corporation's plant during May of 1965, at which time he inspected and approved the girders. The girders were then held in storage until mid - February of 1966 when they were erected and the problems were then discovered in March of 1966. 9ut'for faulty :inspedtion, during the period of time from May 1965 to March 1966 more than adequate time would have been available to.correct the problems if they had been discovered by the city inspector: Under such circumstances and because of the foregoing, I do not believe that my client should be responsible for the out of pocket payment of $3,315.29 to Cabildo Corporation. TULLY H. SEYMOUR April 7, 1971 City Attorney -2- City of Newport Beach Concerning the $10,000.00 counterclaim, admittedly administrative time of City personnel was used in order to develop a remedial program. However, by change order #7 referred to above, it is my belief that by reducing the contract price by $31,229.13 and by my client in effect paying all costs to remedy the problem, the City has already been compensated for the amount asked under your counterclaim. I have read with great interest the case you cited in your letter of Aetna Casualty vs. Board of Trustees, 223 C.A. 2d 337, and as you know the case- correctly states-thetlaw about the nonapportion- ment of liquidated damages where.mutual fault occurs. The dicta of the case does indicate that under some circumstances an owner might recover actual loss proved resulting from subsequent delays, but that is not our situation and, as a matter of fact, the case of Sinnott vs. Schumacher, 45 C.A. 46, cited in the Aetna case doesn't add any merit to your claim for $10,000.00 for the reason that the cited case is one where the contractor abandoned the contract. For the foregoing reasons I do not believe the City is entitled to recover $10,000.00 on its second counterclaim. At the time of the settlement conference,.I represented to you that my client would settle this case for. the sum -.of $8,- 500.00" I still have this same authority and therefore if the City will refund this sum to my client, the case can now be settled. Please advise. JSO:lj