HomeMy WebLinkAboutC-2062 - Construction of West Coast Highway to Balboa BoulevardOctober 2, 1980
CITY OF NEWPORT BEACH
Fleming Engineering, Inc.
13909 Artesia Blvd.
Cerritos, CA 90701
OFFICE OF THE CITY CLERK
(714) 640 -2251
Subject: Surety: Industrial Indemnity Company
Bond No.: YS808 7192
Project: West Coast Highway Improvements
Contract No.:2062
The City Council on August 25, 1980 accepted the work of
subject project and authorized the City Clerk to file a
Notice of Completion and to release the bond 35 days after
�. Notice of Completion has been filed.
Notice of Completion was filed with the Orange County
Recorder on September 15, 1980,.Book No. 13744, Page 1.
Please notify your surety company that the bond may be
released 35 days after the recording date.
DORIS GEORGE
City Clerk
DG:bf
cc: Public Works Department
City Hall • 3300 Newport Boulevard, Newport Beach. California 92663
BK 1 3744 PG '
I
TO EXEMPT
C5
ORT I35ACH RECORDED IN OFFICIAL RECORDS
�-` 1 O 1 OF ORANGE COUNTY. CALIFORNIA
`i)`,i'D 0
cnrH CALIF .92653 30 mi ". 3 P.M. SEP 151980
NOTICF. OF COMPLETION Pam
LEE A. BRANCH, County Recorder
PUBLIC WORKS
-o All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on
the Public Works project consisting of West Coast
57th Street to Balboa Blvd. (C--TO-9-2
June 12, 1980
on which Fleming Engineering Inc
was the contractor, and Industrial Indemnity Company
was the surety, was completed.
I, the undersigned, say:
is (sou
CIT F Ozz BEACH
ce��,2
Ak- ncFub lic Works Director
VERIFICATION
Ac:r +a
I am theAPublic Works Director of the City of Newport Beach; the foregoing
Notice of Completion is true of my own knowledge.
,declare under penalty of perjury that the foregoing is true and correct.
Executed on August 27, 1980 at Newport Beach. California.
w
V
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 August 25,_1980 accepted the above described work as
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 27, 1980 at Newport Beach, California.
City Clerk
August 27, 1980
CITY OF NEWPORT BEACH
Lee A. Branch
County Recorder
P. O. Box 238
Santa Ana, California 92702
Dear Mr. Branch:
OFFICE OF THEICITY CLERK
(714).640 -2251
Attached for recordation is Notice. of CoWletion of Public Woks
project consisting of West Coast Highway Improvements (southside)
57th Street to Balboa Blvd. Contract No. 2062
on which Fleming Engineering, Inc. was the Contractor
and Industrial.Indemnity Company was the Surety.
Please record and return to us.
wry truly ywrs,
Doris George
City Cleric
City of Newport Beach
City Hall 3300 Newport Boulevard, Newport Beach, California 92663
AUG 25 1980 August 25, 1980
CITY COUNCIL AGENDA
0y, ib� CITY COUNCIL ITEM N0. f-1—t3
My OF W40—
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF WEST COAST HIGHWAY IMPROVEMENTS (SOUTHSIDE) 57TH
STREET TO BALBOA BOULEVARD (C -2062)
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 improvement of West Coast Highway has been
completed to the satisfaction of the Public Works Department.
The bid price was: $ 199,000.00
Amount of unit price items constructed $ 188,123.07
Amount of change orders $ 4,913.69
Total Contract cost $ 193,036.76
Five Change Orderswere issued.
The first and second, in the amount of $1,618.61, provided for
modifications to the storm drain to avoid the existing OCSD sewer main.
The third in the amount of $950.24, provided for installation of
an additional tee and gate valve in the existing water main.
The fourth, in the amount of $1447.51, provided for the relocation
of the existing lighting conduit and pull boxes near the southwest Arches
ramp.
The fifth, in the amount of $897.33, provided for the installation
of a metal removable curb section over an existing OCSD manhole.
Approximately 40% of the total project cost was paid by the County
AHFP fund, the remainder, by the City's Gas Tax and Water Funds.
The design engineering was performed by Robert Bein, William Frost
and Associates of Newport Beach.
The Contractor is Fleming Engineering, Inc. of Cerritos, California.
The contract date of completion was June 12, 1980.
The work was completed by May 30, 1980, with the exception of the
s, airway railiwhich was completed by June 27, 1980.
Benj min B. Nolan
Public Works Director
GPD:do
CITY OF NEWPORT BEACH
Date April 11, 1980
TO: Public Works Department
FROM: City Clerk
SUBJECT: Contract No. 2062
Project west Ooast Hwy Inprovenmts fmn 57th St. to Balboa Blvd.
Attached is signed copy of subject contract for transmittal to the contractor.
Contractor: Fleming Engineering, Inc.
Address: 13909 Artesia Blvd., Cerritos, CA 90701
199 oce. aD
Amount: $ 194,999.00
Effective Date: March 26, 1980
Resolution No. 97n9 <'
A:t-4-zDoris Geo tj e
Att.41
cc: Finance Department
:i ity Ifall 3300 Newport Boulevard, Newport Beach, California 92663
CITY CLERK
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT NO. 2062
AHFP NO. 1010
CONTRACT DOCUMENTS
I "m
WEST COAST HIGHWAY IMPROVEMENTS
FROM 57TH STREET TO BALBOA BLVD.
AND
FROM 400 FEET WESTERLY OF NEWPORT BLVD. TO NEWPORT BLVD.
AND
STAIRWAY CONSTRUCTION AT NEWPORT BLVD. BRIDGE CROSSING OVER NEWPORT BAY
LENGTH: 0.45 MILES
Approved by the City Council
this 25th day of February, 1980
Boris Geqrqe, City Clerk
SUBMITTED BY:
Fleming Engineering, Inc.
Contractor
13909 Artesia Boulevard
Address
Cerritos, California 90701
City Zip
213 926 -6664
Phone
$199.000.00
Total Bid Price
y
W.4
Page 1
SEALED - BIDS -will be received at the of -City Clerk, City Hall, Newport Beach,
California, until 2:30 P.M. (as do d by telephone time signal) on the
13tb day of- �rch , 1980, at ich time they.will be opened and read, for
performing work as follows-..
WEST COAST HIGHWAY IMPROVEMENTS ( _ SIDE) 57TH STREET TO BALBOA BOULEVARD
CONTRACT *100_:.. 2062
Bids must be submitted on the proposal form attached with the contract documents
furnished by the Public Works Department. The additional copy of the proposal form
is to be; retained by the bidder for his records.
Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable
to the City of Newport Beach, for an amount equal to at least 10 percent of the
amount bid.
The title of the project and the words "SEALED BID" shall be clearly marked on the
outside of the envelope containing the bid.
The contract documents that must be completed, executed, and returned in the sealed
bid are:
A. Proposal
B. Designation of Subcontractors
C. Bidder's Bond
D. Non - collusion Affidavit
E. Statement of Financial Responsibility
F. Technical Ability and Experience References
These documents shall be affixed with the signature and titles of the persons signing
on behalf of the bidder. For corporations, the signatures of the President or
Vice President and Secretary or Assistant Secretary are required anFe—Corporate Seal
shall be affixed to all documents requiring sutures. In the case of a aril tnership,
the signature of at least one general partner is required.
No bids will.be accepted from a contractor who has not been licensed in accordance with
the provisions of Chapter 9, Division III of the Business and Professions' Code. The
contractor shall state his license number and classification in the proposal.
One set of plans and contract documents, including special provisions, may be obtained
at the Public Works Department, City Hall, Newport Beach, California, at no cost to
licensed contractors. It is requested that the plans and contract documents be returned
within 2 weeks after the bid opening.
(cont.)
u
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Page 1 a
i
The Cit has adopted the Standard S ecifications for Public Works Construction (1976
Edition�..as prepared by i e ou ern a 11fornia Chapters of e American Public Works
Associa -iidh and the:Associated General Contractors of America. Copies may be obtained
Inc 1055. Overland Avenue, Los Angeles, California 90034, (213)
w:-
s adopted Standard Special Provisions and Standard Drawings. Copies of
2tre:availaDle:,aix the Public Works Department at a cost of $5 per set.
A standard "City of Newport Beach Special Endorsement" form has been adopted by the
City of Newport Beach. This form is the only endorsement acceptable to the City for
liability insurance purposes. The successful low bidder will be required to complete
the form upon award of contract. (A sample form is attached for reference.)
For any required bonds, the company issuing bid bonds, labor and material bonds, and
faithful performance bonds must be an insurance company or surety company licensed by
the State of California.
In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California
Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascer-
tained'the general prevailing rate of per diem wages in the locality in which the work
is to be perfomed for each craft, classification, or type of workman or mechanic
needed to execute.the contract. A copy of said determination is.available in the office
of'Lhe City Clerk.: All parties to the contract shall be governed by all provisions of
the. Cal itior Code relating to prevailing wage rates (Sections 1770 -7981 in-
clusive) . If*:-. tractor shall be responsible for compliance with Section 1777.5 of
the Californf .Labor Code for all apprenticeable occupations.
The contractor shall post a copy of the prevailing wage rates at the job site. Copies
may be obtained from the Public Works Department.
The City reserves the right to reject any or all bids and to waive any informality in
such bids.
Revised 3 -13 -79
E
41
I
x�
G
Page 2
All bids are to be computed on the basis of the given estimated quantities of work,
as indicated in this Proposal, times the unit price as submitted by the bidder. In case
of a discrepancy between words and figures, the words shall prevail. In case of an error
in the extension of a unit price, the corrected extension shall be calculated and the bids
will be computed as indicated above and compared on the basis of the corrected totals.
The estimated quantities of work indicated in this Proposal are approximate only,
being given solely as a basis for comparison of bids.
The undersigned has checked carefully all of the above figures and understands that
the City will not be responsible for any errors or omissions on the part of the under-
signed in making up this bid.
The undersigned agrees that in case of default in executing the required contract
with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal
Holidays, after having received notice that the contract is ready for signature, the
proceeds of check or bond accompanying this bid shall become the property of the City
of Newport Beach.
Licensed in accordance with the Statutes of the State of California providing for
the registration of Contractors, License No. 327629 Classification A
Accompanying this proposal is Bond
(Cash, Certified Check, as ier s Deck or on
in an amount not less than 10 percent of the total bid price.
The undersigned is aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers' compensation or to
undertake self- insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this contract.
213 926 -6664
P ane u er
March.13 1980
Dal
Flemino Enqineerinq. Inc.
Bidder's Name
(SEAL)
S /Terry L. Fleminq
uthorized Signature
Authorized Signature
Corporation
Type of Organization
(Individual, Corporation, or Co- Partnership)
List below names of President, Secretary, Treasurer and Manager if a corporation,
and names of all co- partners if a co- partnership:
Terry L. Fleming, Pres. Treas.
Julia A. Fleming, V.P. - Sec.
Harry C. Gross. V.P. - Gen. Mqr.
...
•
DESIGNAT.IDN .OF. SUBCONTRACTORS
The undersigned ce rtifies' hat he has °bsed he sub -bids of the following
listed contractors
in making up his bid and that the subcontractors listed
will be used for the work for which,:,. they bid, subject to the approval of the
• City Engineer,. and
in accordance with the applicable provisions of.the
specifications. No change may be made in these subcontractors except upon
the prior approval
of the Engineer.
Item of Work
Subcontractor Address
• 1. AX.
Industrial. Asphalt... -Van Kuys %-
• 2, Curb &Gutter
C & L Concrete_ Azusa
3,. Electrical
Steiny.& Co. Anaheim 1
4
{
6
7.
8
,
9.
t0
12.
Fleming En gin Inc.
er s ame
Werry.L. Fleming
Authorized signature
Co ration
Type of gan zat on
(Individual, Co- partnership or Corp.)
13909 Artesia Blvd.
Urrl i rnia; 90fiD1 :
FOR ORAL SEE CITY CLERK'S FILE COPY •
Page 4
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we, FLEMING ENGINEERING. INC. , as Principal,
and INDUSTRIAL INDEMNITY COMPANY as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT
OF AMOUNT BID 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 principal for the construction of
WEST COAST HIGHWAY IMPROVEMENTS, CONTRACT NO. 2062, AHFP No. 1010
in the City of Newport Beach, is accepted by the City Council of said City, and if the
above bounden principal shall duly enter into and execute a contract for such construc-
tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting
Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from
the date of the mailing of a notice to the above bounden principal by and from said City
of Newport Beach that said contract is ready for execution, then this obligation shall
become null and void; otherwise it be and remain in full force and effect, and the amount
specified herein shall be forfeited to the said City.
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, we hereunto set our hands and seals this 13th day of
March.
19 80 .
Corporate Seal (If Corporation)
FLEMING ENGINEERING, INC.
Principal
S /Terry. L. Fleming, President
(Attach acknowledgement of
Attorney -in -Fact)
S /Pamela Urry, Notary Public
INDUSTRIAL INDEMNITY COMPANY
Commission expires 7 -22 -83 Surety
By /William R. Friis
Title, Attorney -in -Fact _
ment win
competi ti
bid. has b
the Bylaw
consideri.
ahrough: �s
bidding:a
through` s
th at. whic
delivered
awarding
..- IIUITZbUzr, our
ers, which tends
contract sought
of
. or
.bi¢ depasnory,; that no
ppears uopm; ,,lae;fAce. of
any person oinsoever t
the eontratt,,;n qr has th
kind whatsoever,
other. person in a
ent any subcontraotor_.or materialman from
the' faci l.i ties of or ,.accept bids from or
ement or any, form or character other than
d wilt be suggested, offered, paid, or
uence the. acceptance; of the s. aid, bid or
def.any, agreement or understanding ,Of. any
r to pay, deliver to, or share with any.
any of the proceeds of the contracts sought by
this bid:
FLEMING ENGINEERING, INC._
'S /Terry L. Fleming, President
..S/Janice E. Sullivan
Notary Public
iv,,it"the time of
0.r they nor any of
arrangement I or agree -
T.TY OF NEWPORT BEACH
U to-pay to such
;:give to such other ,
Sant or affiants .or. ...
arrangement or agree
ssen .or destroy free
_
,ached bids.; that no
nigh any :bid depository .
ie contractor from
=
is not . processed
ent any subcontraotor_.or materialman from
the' faci l.i ties of or ,.accept bids from or
ement or any, form or character other than
d wilt be suggested, offered, paid, or
uence the. acceptance; of the s. aid, bid or
def.any, agreement or understanding ,Of. any
r to pay, deliver to, or share with any.
any of the proceeds of the contracts sought by
this bid:
FLEMING ENGINEERING, INC._
'S /Terry L. Fleming, President
..S/Janice E. Sullivan
Notary Public
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S /Terry L .FliA.i
The.andersigned submits he►►ith.a statement of
tare work - of similar character to
that:br".Osed
herein whtch:he has
perform and
successfully :complete d.
'
I
Year
Colleted
For Yk►om 1=er4''- d'(Detai}l
Person to Contact
Telephone No.
1979
City of Nor1k"
Bert Myers
8684254
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1979
Co 4f Oran
Air DOrtj
1979
City. of Santa FemSPringS
14eyer Rd) Mr. Aziz
868 4511
1979
City of Irvine (University Dr)
Ben Yamada
1.979-
City of Santa Ana (7217
"B)
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1979
City of- Ca�press'
0714)828 -2200
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S /Terry L .FliA.i
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tTS
ID. MATER:
BOND NO. jLS808 -7192
PREMIUM MIL
i. State of California, by
has awarded .to FLEMINO iNG INC r
F.. .. .. .... -
hereinafter, designated -as the ".#!rincipal ", a contract for
WEST..COAST HIGHWAY' IMPROVEMENTS., CONTRACT NO. 2062, AHFP NO. 1010
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 arty 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 tabor done thereon of. any
kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We FT.F.MTM RNr.TNFF.RTNQ,
as Principal, and INDUSTRIAL TNDFMNTTV rOMPANY
as Surety, are held firmly bound unto the City. of Newport Beach, in the sum of
NINETY -NINE THOUSAND FIVE HUNDRED 'AND Nnllnn - -- Dollars ($ 9q,5nn_n0 ),
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 any and all persons, companies, and
.corporations entitled,to file claims under Section..3181 of the California Civil Code
so as to give a right of action to them or their assigns in any suit brought upon
y
_ ,,,�yy J ^5..�^�TMing -4
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_this as 'required t Provisifitxs,of Section 42MAW Giverrunent Code of
the..State vf_Caatfornta _
And said Surety, fri-tr valeeived, heresy - stipulais5 :k Ltgi^ees that no change,
P Ow 5
.*
rContinued)
work to, be performed :tlier ar the specifications: >a irtg ahe saw shall in
-this
w1 at Bond '-
any, wise a €fect_ its obligat r bond,, and it does-.y - y waive notice of:.any
such change, extension of t Iterations or additions to the terms.of the contract
,
or to the.work or to the s Cations,
_this as 'required t Provisifitxs,of Section 42MAW Giverrunent Code of
the..State vf_Caatfornta _
And said Surety, fri-tr valeeived, heresy - stipulais5 :k Ltgi^ees that no change,
=:
extension of time, a- Tte"ti r• additions to the tgrwi ;pntract or to the
work to, be performed :tlier ar the specifications: >a irtg ahe saw shall in
-this
any, wise a €fect_ its obligat r bond,, and it does-.y - y waive notice of:.any
such change, extension of t Iterations or additions to the terms.of the contract
,
or to the.work or to the s Cations,
; -;
: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
a
' its obligations :under.this bond.
IN WITNESS WHEREOF, this: nstrument haS'been duly executed by the Principal and
=Surety above named, on the ':24Tx day of MARca 19M
;
a
FLEMING ENGINEERING .INC. ear)
�.
Name of. Contractor ncipal j
_
BY:
9WMrired gnatupr.-ana t e
Authorized Sgnature and Title
i
NipriMITY COMPANY (seal)
ame of urety
.505 S VI&GIL AVigf. LOS AN E3 " 90005"
dre o urety `
Sitnature an t e o ut or ze gent
WILLIAM R. FR IS,, �a , ATTORNEY FACT-
...
_ _ r
u
STATE OF CALIFORNIA,
COUNTY OF
Los Angeles ` SS.
ON
before me, the undersigned, a Notary Public in and for said State, personally appeared
_Terry L. Fleming known to me to be the
President
afthe Fleming Engineering, Inc.
the Corporation that executed the within Instrument, known to me to be the person who
110 / U6t executed the within Instrument, on behalf of the Corporation therein named, and acknowledge
S, LOS A OGe r to me that such Corporation executed the same. *.
WITNESS my hand and official seal.
Notary Public in and for said State.
State of CALIFORNIA )
} ss
County of RIVERSIDE )))
IY000 R6 (9 /12)
On MAR 2 4 1980 , before me, the undersigned,
a Notary Public of said county and state, personally appeared
WILLIAth9 R. FRIIS
known to me to be the Attorney -in -Fact of
INDUSTRIAL INDEMNITY COMPANY
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to.
me that such Corporation cxecuted the same.
ZY
1i
=.1y C]n,..T:e51�n Ey.]i�Ci 7 -22.33
IY000 R6 (9 /12)
On MAR 2 4 1980 , before me, the undersigned,
a Notary Public of said county and state, personally appeared
WILLIAth9 R. FRIIS
known to me to be the Attorney -in -Fact of
INDUSTRIAL INDEMNITY COMPANY
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to.
me that such Corporation cxecuted the same.
I
Page 13
5. Pursuant to the Labor Code of -:the. State of California, the City Council has
ascertained the general prevailing ra of per diem wages for each craft or type of
workman needed to execute the contracV9 schedule containing such information is
included in the Notice Inviting Bids an =incorporated by reference herein.
6. The Contractor shall assume the defense of and indemnify and save harmless
the City, the Director of Public Works, the County of Orange, the Director of the
Environmental Management Agency, and their officers and employees, from all claims,
loss, damage, injury, and liability of every kind, nature, and description, directly
or indirectly arising from the performance of the contract or work, regardless of
responsibility for negligence; and from any and all claims, loss, damage, injury,
and liability, howsoever the same may be caused, resulting directly or indirectly
from the nature of the work covered by the contract, regardless of responsibility for
negligence.
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 form:
ity ttorney
CITY OF NEWPORT BEACH, CALIFORNIA
By:
Mayor
f %Om rn3Va cfi r a in ?— PL-
(SEAL) � --
`. .
By
Title
By:
Title
(For AiFP Projects Only).
STATE OF CALIFORNIk t}
COUNTY OF Los AnveT es 1
UN � /fit 19��
before me, the undersigned, a Notary Public in and for said State, personally appealed
OFFIICIAAL�SEArL, 1_ c
NOTARY PUBLIC - CALI -0 it 'A
LOS ANGELES COUNTY
MV CanRi�s MEnpires Jun. 9. 1980
known to me to be the
of the Fleming Engineering, Inc.
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknewledged
to me that such Corporation executed the same.
WITNESS my hand and official seal.
��lLlOi6s i. '2 12Z4E1L.,
Noun Public in aae for uid Me.
.e
KNOW'ALL MEN BY. THESE =I
WHEREAS h Ci`
BOND NO. YSBOB -7192 y/58o8 i /Yx
PREMIUM - .393.00
t e ty..77 -one ILY U i,ewyvI L. a U"kt. :�71642:6e Vr. %,aI civra1ia,.:vy .
motion: adopted March 2C, "1080.
has awarded to FCEMING ENGINEERING INC_
hereinafter designated as the "Princi pal ",.a contract for
i WEST COAST HI,NAY: TNPRom s- 1:61N ma Nn- %:2m, AHFP: lnln
in. the City of Newport :Beacfi, irk :strict conformity with the Drawings .and. Specifj cat ions
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, FLEMING ENGINEERING: INC.
as Principal; and INDUSTRIAL INDEMNITY.COMPANY -'
as Surety; are held and firmly bound unto the City. of Newport Beach, in the sum of
ONF.':HTTNDRF.D NTNRTY— NTN'E: THATTSAND AND Nn/]oo - -- ---Dollars _($199.000_oo
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 ow assigns, ,jo'fntly and severally, firmly by these presents.
THE'CDNDITION: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 -. j
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 ;specifi cations accompanying the. same shall _
Tn any .wise affect i'is,obligations : on'this bond, and.:it' does hereby waive,notice
��
���:,:
r
i
..�
i
STATE OF CALIFORNIA,
COUNTY OF
Los Angeles
LOS ANGELES C'
y / Idy Commission L,!:re•.
( ss.
UN is 8O%,
before me, the undersigned, a Notary Public in and for said State, personally appeared
,Terry L. Fleming known to me to be the
_ President
of the Fleming Engineering, Inc.
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
to me that such Corporation executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State.
State of CALIFORNIA 1 On MAR 2 4 1980 , before me, the undersigned,
} ss. .a Notary Public of said county and state, personally appeared
County
Of RIVERSIDE ) WILLIAM R. FRIIS
known to me to be the Attorney -in -Fact of
I Y060 R6 (9172)
INDUSTRIAL i idf 7Y COMPANY
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporation executed the same.
C0NT` -ACT
THIS AGREEMENT, made -and. entered into this,,,. of /7�scu<, 19 Eck ,
by and between the CITY.OF:NEWPORT BEACH, California,_hereinafter designated as the City,:
party, of the first part, and FLEMING ENGINEERING INC.
hereinafter designated as the Contractor, party of the second part.
WITNESSETH:: That.the parties hereto do mutually agree as follows:
1. For and in consideration of the payments and agreements. herenafter. mentioned
to- 06' mach - and.performed'by the,City, the Contractor agrees with the .City to furnish all
materials and labor for the construction of CONTRACT NO 2062, AHFP NO. 1010,
WEST -COAST HIGHWAY INPRf11E£MEiiT -1ROM 57TH STREET TO :BALBOA BLVD "AND FROM 40D FEET WFST£RLY
OF.NF�IPORT`BLVD..TO=.NEWPORT BLI�D. AND STAIRWAY:CONSTRUCTION AT' NEWPORT _BLVD, BRIDGE CROSSING, '
OVER NEWPORT BAY
and to perform and complete in a good and workmanlike manner all.the work pertaining
thereto shown on the.Pl'ans and Specifications 'therefor; to furnish.at. his own proper
cost and expense all. tools.... equipment;. labor, ^and materials necessary therefor, (except
such materials; if any, as in,the said Specifications are stipulated .to be furnished by
he City); and to do everything - required by this Agreement and the said:P.lans and
.Specifications.
2. For furnishing all said materials and labor, tools and equipment, and doing
,. all the work contemplated and embraced . in this Agreement, also.for all loss.:and damage
arising out of _the nature of the w*k aforesaid, or.from the action of the,elements,
or from <any unforeseen difficulties which.may,arise or be encountered in the prosecu-
tion, of.'the. work until its, acceptance by the City, and for all-risks of every, description
connected with the work; also,for -all expenses incurred by or in consequence of the
suspension or discontinuance of work, except such as in said Specifications are expressly
...;stipulated .to. be borne by the City; and for well. and faithfully completing the work
_:.and the wfiole thereof, in the manner shown and described in the said Plans and
Specifications, the City..will. pay and the Contractor shall receive in full compensation
`..therefor the lump sum price, or if the bid is on the unit price basis, the total price
for the several items :furnished pursuant to the Specifications., named-in the bidding
-: sheet. of the Proposal, as the case may be.
3. The-City-hereby prises and agrees :with the said Contractor to employ, and
'
r -does hereby employ the said Contractor to provide the materials and to do the work.:`
according to the terms and conditions . herein contained and referred to for the price
_.
- aforesaid, and hereby contracts.to pay the same at the time, in the manner, and upon
the conditions set forth in the Specifications; and the said parties for themsel:ves,..,
their heirs, executors, administrators successors and assigns, do hereby agree to `
the full.performance of the covenants herein contained.
4. The Notice to Bidders`, Instructions:to Bidders, Contractor's Proposal, and
the Plans and Specifications, and all amendments thereof, when approved by the parties
..hereto,.-or when required by the:City in accordance with the..provisions of the Plans
- and- Speci:fYCations; are`hereby:•incorporated in and made part of this 'Agreement.. ,
c
�t
• PR 1 OF 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
WEST COAST HIGHWAY IMPROVEMENTS
FROM
57TH STREET TO BALBOA BLVD. AND FROM 400 FEET WESTERLY OF NEWPORT BLVD.
TO NEWPORT BLVD.
CONTRACT NO. 2062
AHFP NO. 1010
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work,
has read the Notice Inviting Bids, has examined the Plans and Special Provisions,
and hereby proposes to furnish all materials and do all the work required to com-
plete Contract No. 2062 in accordance with the Plans and Specifications, and will
take in full payment therefor the following unit prices for the work, complete in
place, to wit:
1. I Clearing and grubbing
Lump Sum Twelve Thousand
@ Six Hundred & Fifty Dollars
and
Cents
er Lump Sum
2. 1 Unclassified excavation
Lump Sum Seven Thousand
(400 CY Exc.) @ Six Hundred Dollars
and
(1000 CY Fill)
Nn Cents
Per Lump Sum
3. 240 Construct A.C. Pavement,
Tons Base Course (Type III- B2- AR4000)
including prime coat & tack coat
@ Forty -three Dollars
and
Cents
er Ton
I1
vi of .s1 �1
$ 43.00 $10,320.00
...
i
i
PR 2 OF 7
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 100 Construct A.C. Pavement, Finish
Tons Course, (Type III- C3- AR4000)
including prime coat and tack coat
@ Fifty -two Dollars
and
Fifty Cents $ 52.50 $ 5.250.00
Per Ton
5. 750 Construct Aggregate Base, including
Tons under curb and gutter, complete in
place
@ Eight Dollars
and
Twen y -five Cents $ 8.25 $ 6,187.50
Per Ton
6. 2,365 Const. Type "A" P.L.C. Curb
L.F. and Gutter (8" C.F.) per C.N.B.
DWG. 182 -L
7.
D
@ Six Dollars
and
Fifty Cents $ 6.50 $15,372.50
Per Linear Foot
350 Place Variable Thickness Asphalt
Tons overlay including seal coat and
tack coat complete in place
@ Fifty -one Dollars
and
No Cents $ 51.00 $17,850.00
Per Ton
24,548 Const. 4" P.C.C. Sidewalk/
S.F. Biketrail Over 4" Sand
@ One Dollars
and
Cents $ 1.45 $ 3 55. 94.60
Per quare Foot
9. 7 Adjust Existing Manhole to
Each finished grade
Three Hundred Fifty Dollars
and
No Cents $ 350.00
10. 4 Furnish and Install Survey
Each Monument per C.N.B. DWG. 106 -L,
complete in place,
PR 3 OF 7
$ 2,450.00
@ Six Hundred Fifty Dollars
and
No Cents $ 650.00 $ 2,600.00
Each
11. 18 30" RCP, 2000D,
L.F. complete in place
@ Two Hundred Dollars
and
No Cents $ 200.00 $ 3.600.00
Per Linear Foot
12. 1640 18" ACP, WOOD,
L.F. complete in place
@ Twenty -five Dollars
and
No Cents $ 25.00 $41,000.00
Per Linear Foot
13. 220 Const. 6" Thick Concrete Backfill and
L.F. Drainage Ditch Over Storm Drain per
Detail, Sheet 4, complete in place
@ Sixteen Dollars
and
No Cents $ 16.00 $ 3,520.00
Per Linear Foot
-�"''"� w�?s^-.r .— ..- .�...z'+i=4"�i �-'-s asn �#�= .��.... x.,r w�:. sev.'r ..; � -q+a•"
s
14. 3 Const. Curb Inlet, type OS, per
Each C.N.B. DWG. 306 -L, complete in
place
One Thousand
@ Four Hundred Dollars
and
No Cents
Each
15. 1
Const. Junction Structure
Each
per Detail Sheet 1, complete
in place
One Thousand
@ One _Hundred Fifty Dollars
and
No Cents
Each
16., 1
Const. Junction No. 1 per
Each
C.N.B. Dwg. 310 -L, complete
in place
One Thousand
@ FiVP Htmdrad Fifty Dollars
and
Nn Cents
Each
17. 1
Const. Modified Junction Struct.
Each
per C.N.B. Dwg. 307 -L (without
manhole) length =2.5' complete
in place
@ Seven Hundred Five Dollars
and
Forty Cents
Each
18. 2 Const. Modified Junction Struct.
Each No. i per C.N.B. Dwg. 310 -L with
18" thick gravel false bottom
complete in place
One Thousand
@ Four NundrPd Fifty Dollars
and
Cents
Eac
PR 4 OF 7
$ 1,400.00 $ 4,200.00
$ 705.40 $ 705.40
M PL I •Io Pi
- �_.'a�sx� �':',�i"'�__ "-- ,....� —•�zir u: -�.g4 a.;e=•.zc, 'x'*-�'i . -�_'_. "` .,"''`'�`�r�cc`_ =_''a�"' ,xm,..
Two Thousand
@ Five Hundred Dollars
and
No Cents $2.500.00 $2.500.00
per Lump Sum
22. Guard Underground Construction
Lump Sum Three Thousand
@ Two Hundred Dollars
and
No Cents
Per Lump Sum
23. Construct P.C.C. Stairway
Lump Sum including handrail,
complete in place
Eight Thousand
@ Three Hundred Fiftv Do, lars
and
No Cents
Per Lump Sump
11 11 11 11
• •
PR
5 OF 7
ITEM
QUANTITY
ITEM DESCRIPTION
UNIT
TOTAL
NO.
AND UNIT
UNIT PRICE WRITTEN IN WORDS
PRICE
PRICE
19.
1
Const. P.C.C. Headwall per
Each
detail, sheet 4, complete
in place
@ One Thousand Dollars
and
No Cents
$1,000.00
$1,000.00
Each
20.
Relocate Exist. Fire Hydrant,
Lump Sum
Water Main and Water Service
per detail on Sheet 4, complete
in place
@ Three Thousand Dollars
and
No Cents
$3,000:00
$3,000.00
per Lump Sum
21.
Relocate Existing Street
Lump Sum
Light, complete in place
Two Thousand
@ Five Hundred Dollars
and
No Cents $2.500.00 $2.500.00
per Lump Sum
22. Guard Underground Construction
Lump Sum Three Thousand
@ Two Hundred Dollars
and
No Cents
Per Lump Sum
23. Construct P.C.C. Stairway
Lump Sum including handrail,
complete in place
Eight Thousand
@ Three Hundred Fiftv Do, lars
and
No Cents
Per Lump Sump
11 11 11 11
4 .}
4
PR6OF7
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
24. 2 Construct Concrete Parkway
Each Culvert per detail on
Sheet 2, _complete in place
One Thousand
@ Six Hundred Fifty Dollars
and
No Cents $ 1,650.00 $ 3,300.00
ac
25. 900 Plane Existing AC Pavement
S.Y. for 0.1' Thick Overlay at
Join Line, complete in place
@ Three Dollars
and
Fifty Cents
Per Square Yard
$ 3.50 $ 3,150.00
x. "�^; �- - ....�' xi,� _�:� _ �....«�. %s,. J'-" �i��d.. a- ��,3��_e�',�. •-,, t.., � �2: c�+'sa..w —. �sc'�.
16 . • PR 7 OF 7
z
'f Y
TOTAL PRICE FOR ITEMS 1 THROUGH 25
WRITTEN IN WORDS
One Hundred Ninety -nine Thousand Dollars
)OXdIXIXH
and
No Cents $ 199.000.00
CONTRACTOR'S LICENSE NO. 327629 A FLEMING ENGINEERING, INC.
(BIDDER'S NAME)
DATE March 13, 1980
CONTRACTOR'S ADDRESS 13909 Artesia Blvd.
Cerritos, CA 90701
TELEPHONE NUMBER (213) 926 -6664
S/ Terry L. Fleming
AUTHORIZED SIGNATURE
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
WEST COAST HIGHWAY IMPROVEMENT
FROM
57TH STREET TO BALBOA BLVD.
AND FROM
400 FEET WEST OF NEWPORT BLVD. TO NEWPORT BLVD.
CONTRACT NO. 2062
AHFP PROJECT NO. 1010
SPECIAL PROVISIONS
INDEX
SECTION
PAGE
1
SPECIFICATIONS
1
2
DRAWINGS
1
3
LOCATION AND SCOPE OF WORK
1
4
TIME OF COMPLETION AND COMMENCEMENT OF WORK
2
5
PAYMENT
2
6
WATER
2
7
SURFACE AND GROUNDWATER CONTROL
2 -3
8
GUARDING UNDERGROUND CONSTRUCTION
3
9
PROTECTION OF EXISTING UTILITIES
3 -4
10
GUARANTEE
4
11
CONSTRUCTION SURVEY STAKING
5
12
LIABILITY +INSURANCE
5
13
PERMITS
5
14
MATERIALS REPORT
6
15
NOTICE OF DISRUPTION IN
WATER SERVICE
6
16
TRAFFIC CONTROL ACCESS
6
17
CONSTRUCTION DETAILS
7
A. Clearing and Grubbing
7
B. Unclassified Excavation and Embankment
7
C. Structure Excavation
8
D. Structure Backfill
8
E. Subgrade Preparation
8
F. Relative Compaction
8
G. Aggregate Base
8
H. Asphalt Paving
9
1. General
9
2. Placement of Asphalt Concrete on Aggregate Base
9
3. Placement of Asphalt Concrete Overlays
10
4. Measurement and Payment
10
.
SPECIAL PROVISIONS
Page 2
SECTION
17 I
J
K.
L
M
N.
0.
P.
0
PAGE
Portland Cement Concrete
10
Storm Drains and Drainage STructures
11
1. Pipe
11
2. Drainage Structures
11
3. Concrete Backfill
12
4. Trenching and Backfill
12
5. Measurement and Payment
12
Adjustment of Manholes and Various Vaults
to Finished Grade
12
Survey Monuments
13
Fire Hydrant Water Main and Water Service
Relocation
13
Concrete Stairway With Handrail
14
Final Clean -Up
14
State Bond and Inspection Requirements
14
APPENDIX
Sample Insurance Form
C.N.B.Standard Special Provisions (Liability Insurance)
CalTrans Encroachment Permit
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
WEST COAST HIGHWAY IMPROVEMENTS
FROM
57TH STREET TO BALBOA BLVD.
AND FROM
400 FEET WEST OF NEWPORT BLVD. TO NEWPORT BLVD.
CONTRACT NO. 2062
AHFP PROJECT NO. 1010
SPECIAL PROVISIONS
SECTION 1 - SPECIFICATIONS
All work shall be completed in accordance with these Special Provisions,
the City's Standard Special Provisions, and the City's Standard Drawings
and Specifications. The City's Standard Specifications are the Standard
Specifications for Public Works Construction, 1979 Edition. Copies may
be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles,
California 90034, telephone (213) 870 -9871.
SECTION 2 - DRAWINGS
The complete set of plans for bidding and construction consists of the
following:
Drawings No. R- 5389 -5 Sheets 1 through 4.
City of Newport Beach Standard Drawings which may be
obtained from the Public Works Department by each bidder.
SECTION 3 - LOCATION AND SCOPE OF WORK
Work to be constructed under this contract consists of the widening and
improvement of West Coast Highway approximately 2,000 feet in length
between 57th Street and Balboa Blvd., and also 400 feet in length from
approximately 400 feet west of Newport Blvd. to Newport Blvd.
The work to be done consists of clearing and grubbing, grading, removal
of existing asphalt and concrete improvements and the construction of
concrete curb and gutter, concrete sidewalk, pavement and base sections,
asphaltic concrete overlay, storm drainage facilities, concrete stairway
with hand railing, water main relocation, and other appurtenant work as
necessary to complete the work as shown on the plans and as included in
these specifications.
-1-
• i
SECTION 4 - TIME OF COMPLETION AND COMMENCEMENT OF WORK
All items of work shown on the plans, described in these Special Provisions
and listed as items in the bid proposal shall be completed in 80 CONSECUTIVE
CALENDAR DAYS from the date the City Council awards the contract.
SECTION 5 - PAYMENT
The unit or lump sum prices bid for the various items of work shall be
considered as full compensation for all labor, materials, tools, equipment,
and incidentals necessary to complete the work in place, and no additional
compensation will be made therefor. Compensation for work shown on the
plans or described in the specifications, but not separately provided for
in the bid proposal, shall be included in the prices bid for the various
items of work listed in the bid proposal.
SECTION 6 - WATER
The Contractor shall make his own provisions for the securing of water
necessary to perform his work. No separate payment will be made for water.
If the Contractor desires to use available City water, it shall be his
responsibility to make arrangements by contacting the City's utility
superintendent at (714) 640 -2221.
SECTION 7 - SURFACE AND GROUNDWATER CONTROL
It is anticipated that surface and ground or other waters 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 water and has prepared his bid accordingly. The Contractor
shall conduct his operations in such a manner that storm or other waters may
proceed uninterrupted along their existing street and drainage courses.
Diversion of water for short reaches to protect construction in progress will
be permitted if public or private properties are not damaged or, in the
opinion of the engineer, are not subject to the probability of damage.
Surface runoff water containing mud, silt, or other deleterious material from
the project area shall be treated by filtration or retention in a settling
basin or basins, sufficient to prevent such waters from entering storm drains
or any tidal waters. The Contractor shall submit a plan for implementing
siltation control to the City prior to commencing construction. Upon approval
of the plan by the City, Contractor shall be responsible for the implementation
and maintenance of the control facilities. The Contractor's attention is
called to Section 7 -8 of the Standard Specifications as regards project site
maintenance.
-2-
0
If during the construction of underground facilities, groundwater is
encountered and dewatering is required, the Contractor shall dispose
of the water by pumping it to settling basins constructed by the side
of the road. The basins are to be large enough to allow the water
to percolate into the sand without overflowing the basin berms.
All costs involved in any dewatering or desilting operation shall be
included in the price bid for the related item requiring dewatering or
desilting.
SECTION 8 - GUARDING UNDERGROUND CONSTRUCTION
Trench excavation and backfill shall conform to Section 306 -1 of the
Standard Specifications and these special provisions.
The walls and faces of all excavations over 5 feet in depth shall be
effectively guarded by a shoring system, sloping of the ground, or other
equivalent means. Trenches less than 5 feet in depth shall also be
guarded when examination indicates hazardous ground movement may be
expected. The Contractor's attention is called to Section 18 -J -4 of
these Special Provisions.
The contractor shall obtain a permit to perform excavation or trench
work from the Division of Industrial Safety, State of California, prior
to any construction. The cost of providing all necessary information
to obtain the permit and the cost of complying with the provisions of
the permit shall be included in the lump sum price bid for guarding
underground construction.
SECTION 9 - PROTECTION OF EXISTING UTILITIES
All underground utilities as shown on these plans are plotted from existing
records and general observation in the field and are shown for the informa-
tion of the Contractor only. The Contractor shall verify the position and
elevation of these utilities and shall protect said utilities during the
course of the construction. If the Contractor discovers underground facil-
ities not indicated on the plans or in the Special Provisions, he shall
immediately give the Engineer written notification of the existence of such
facilities. Such facilities shall be protected from damage as directed by
the Engineer.
The Southern California Edison Company has certain existing poles, pole
line, or pole anchors that will interfere with construction proposed under
this contract. The City has made contact with the Edison Company requesting
that their facilities be removed or relocated from the area of work. It will
be the Contractor's responsibility to verify the Edison Company's schedule or
their facility relocation.
-3-
Delays of the contract caused by utility work and work by other forces
may occur and will be considered an acceptable cause for time extension,
but no idle time compensation will be allowed.
The contractor is advised that other contractors, city forces or utilities
may be installing facilities on or adjacent to the project, and he shall
coordinate with them in order to facilitate orderly progress of all work.
The construction will cause work to be performed over, under and very
near existing sewer, gas and water lines. The Contractor shall protect in
place and be responsible for, at his own expense, any damage to utilities
encountered during construction of the items shown on the plans. The
contractor's attention is called to Section 5 and Subsection 7 -9 of the
Standard Specifications.
Specific attention is called to the 12 -inch diameter high - pressure gas line
located northerly of the centerline of West Coast Highway. The Contractor
shall exercise extreme caution when working in the vicinity of this
line.
SECTION 10 - GUARANTEE
The Contractor shall guarantee for a period of one year, after accept-
ance of the work by the City Council, all materials and workmanship
against any defects whatsoever. Any such defects shall be repaired
at the Contractor's expense within 15 days of notice to do so from
the City.
-4-
SECTION it - CONSTRUCTION SURVEY STAKING
Field surveys for control of construction shall be the responsibility
of the Contractor. All such surveys, including construction staking,
shall be under the supervision of a California licensed surveyor or
civil engineer. Staking shall be performed on all items ordinarily
requiring grade and alignment at intervals normally accepted by the
agencies and trades involved. Payment for construction survey staking
shall be considered as included in the various items of work and no
additional allowance will be made therefor.
SECTION 12 - LIABILITY INSURANCE
Section 7 -3 of the Standard Specifications is hereby amended as follows:
The word "Agency," where used in this section, shall include
the City of Newport Beach, the County of Orange, the State
of California, and Robert Bein, William Frost and Associates.
A standard "Certificate of Insurance for Contract Work for
City" form has been adopted by the City. This form is the
only certificate of insurance acceptable to the City. The
successful low bidder will be required to complete this form
upon award of contract. A copy of this form is included
herein for the Contractor's review.
SECTION 13 - PERMITS
The Contractor shall obtain the following permits prior to any construction
and shall have a valid City business license:
Permit to perform excavation or trench work from the
Division of Industrial Safety, State of California
(see Section 8, 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.
The City has obtained the following approvals and permits which are
available for inspection at the Public Works Department:
Project approval: California Regional Water Quality
Control Board - Santa Ana Region.
2. Permit: California Coastal Commission, South Coast
Regional Commission.
Permit: California Department of Transportation
Encroachment Permit. (See Appendix)
-5-
The Contractor shay be responsible for making himso aware of and
conducting his operations in accordance with the requirements of
these approvals and permits. All costs involved in complying with
these provisions shall be included in the price bid for various items
of work, and no additional compensation will be made therefor.
SECTION 14 - MATERIALS REPORT
A report entitled "West Coast Highway Materials Report, AHFP 1010,"
dated October 25, 1979, submitted to the Director of Public Works
of the City of Newport Beach by Development Division of Orange County
Environmental Management Agency, is on file in the office of the Director
of Public Works. Copies may be obtained upon request.
SECTION 15 - NOTICE OF DISRUPTION IN WATER SERVICE
Twenty -four (24) hours before shutting off water service to any business
or residence, the Contractor shall distribute a separate written notice
stating the date and time the water will be shut off and the approximate
time the water will be turned on again.
Temporary water service is to be maintained to the Surf and Sirloin
Restaurant (located at 5930 West Coast Highway) during business hours.
SECTION 16 - TRAFFIC CONTROL AND ACCESS
The Contractor shall provide traffic control and access in accordance with
Section 7 -10 of the Standard Specifications, except as modified herein,
and with the standards contained in the Work Area Traffic Control Handbook
(WATCH), published by Building News, Inc. The Contractors work shall also
conform with all traffic control provisions contained in the encroachment
permit issued by CALTRANS for work within West Coast Highway, a copy of
which is attached hereto in the Appendix.
The Contractor shall submit a written traffic control plan to the Engineer
for his approval prior to commencing any work. The plan shall consist of
the following:
A complete and separate drawing for each stage of
construction proposed by the Contractor showing the
location of all signs, barricades, lights, warning
devices, and temporary parking restrictions.
Since West Coast Highway carries very heavy traffic during the summer
months, no lane closures will be permitted between June 14 and
September 3, 1980.
The Contractor shall maintain two lanes of traffic in each direction at
all times on West Coast Highway except that before June 14, 1980 and
after September 3, 1980 traffic may be reduced to one lane in each
direction between the hours of 9 a.m. and 3 p.m., Monday through Friday.
On West Coast Highway the Contractor shall conduct his operations in such
a manner that clearance between traffic and any open ditch shall not be
less than five feet. Clearance from surface operations shall not be less
than two feet.
All costs for traffic control shall be included in the prices bid for
the various items of work and no additional compensation shall be
allowed therefor. Should any of the providions contained herein conflict
with requirements of any permit, the permit shall govern.
SECTION 17 - CONSTRUCTION DETAILS
A. Clearing and Grubbing
Clearing and grubbing shall conform to Section 300 -1 of the Standard
Specifications and these special provisions.
All traffic signs and markers that interfere with the work in this
contract, whether shown on plans or not, shall be relocated as
directed by the engineer or as shown on plan, or removed by
Contractor, salvaged, and delivered to the City Corporation Yard
located at 592 Superior Avenue, Newport Beach, California
B. Unclassified Excavation and Embankment
This item of work shall be done in accordance with Section 300 -2 of
the Standard Specifications. The estimated excavation quantities
(400 C.Y.) will include all material, regardless of classification,
occurring between the existing paved or ground surface, and the
grading planes required to construct the improvements according
to plans or as directed.
It is estimated that there will be approximately 1,000 cubic yards
of compacted fill to be placed in order to construct the improvements
to the grades as shown on the plans. The suitability of the material
to be placed as compacted fill will be determined by the Engineer.
Relative Compaction of all fill shall not be less than 95 %.
Payment for placing fill within the roadway and within the adjacent
area as shown on the plan, including all appurtenant work, shall be
included within the contract lump sum price for unclassified excavation,
and no separate payment will be made.
Unclassified excavation quantities were determined from cross sections
prepared by the Engineer with quantities computed by means of average
end areas and distances between these areas.
-7-
C. Structure Excavation
Excavation for drainage structures, pipes, or other bid items requiring
excavation, will not be paid for as unclassified excavation. The Con-
tractor shall include all costs of structure excavation in the unit or
lump -sum price bid for the applicable structure or pipe.
D. Structure Backfill
Backfill at all structures,
sand equivalent of not less
of not less than 95 %. No s
backfill. All contractor's
included in the lump -sum or
or pipe.
E. Subgrade Preparation
including trench backfill, shall have a
than 30 and shall have a relative compaction
?parate payment will be made for structure
costs for structure backfill shall be
unit price bid for the applicable structure
Subgrade preparation shall conform to the provisions in Subsection 301 -1
of the Standard Specifications. Within the roadway area the top 6" of
subgrade material below the grading plane shall be compacted to a rela-
tive compaction of not less than 95 %. Relative compaction of the top
six inches of the subgrade within the concrete sidewalk (bike trail)
shall also be not less than 95 %. No separate payment will be made for
subgrade preparation. All Contractor's costs of subgrade preparation
shall be considered to be included in the contract unit prices for
items of work which require subgrade preparation.
F. Relative Compaction
Wherever relative compaction is specified to be determined by Test
Method No. Calif. 216, the relative compaction will be determined by
Test Method No. Calif. 216 or 231. The area, as stated in Test Method
No. Calif. 231, may be represented by one or more individual test sites.
Laboratory Maximum Density tests shall be per Method 2 of Section 211-
2.1. The correction for oversize material as stated in Test Method
No. California 216 shall be replaced with Note 2 of A.S.T.M. D1557.
G. Aggregate Base
Aggregate base shall conform with untreated base materials, processed
miscellaneous base per Section 400 -2 of the Standard Specifications,
and these Special Provisions.
In lieu of the second sentence of Subsection 200 - 2.4.1, at least 65 %,
by weight, of the material retained on the No. 4 sieve, shall be
crushed particles as determined by Test Method No. California 205.
X11
0
Evaluation of gradation and sand equivalent test results shall conform
to the provisions of Subsection 400 -1.4. The gradation and sand equiva-
lent requirements of Subsections 200 -2.2 through 200 -2.6 shall be the
moving average requirements. Individual test requirements for gradation
and sand equivalent shall be as determined by the Orange County Environ-
mental Management Agency - Materials Laboratory.
Aggregate base shall be spread and compacted in conformance with
Subsection 301 -2 of the Standard Specifications.
Quantities of aggregate base to be paid for by the ton will be determined
as provided in Subsection 301 -2.4 of the Standard Specifications. Payment
will be made at the contract unit price per ton.
H. Asphalt Paving
General
Asphalt concrete shall meet the requirements of Section 400 of the
Standard Specification and these special provisions.
Coarse aggregate shall consist of material of which at least 75%
by weight shall be crushed particles in lieu of the requirements of
Section 400 - 4.2.3.
The vicosity grade of paving asphalt shall be AR 4000.
The exact proportions of aggregate and the amount of asphalt
binder for each type of mixture shall be as follows:
Base Course shall be Type III- B2- AR4000 with
5.4% asphalt content.
Finish Course shall be Type III- C3- AR4000 with
5.8% asphalt content.
Placement of Asphalt Concrete on Aggregate Base
Placing of asphalt pavement on aggregate base shall conform to
Subsection 302 -5 of the Standard Specifications. The asphaltic
concrete within the roadway shall be placed in two courses.
Prime coat shall be applied to aggregate base and shall be
Grade SC -250 liquid asphalt, or a grade to be specified by the
Engineer in the field, and shall conform to Subsection 203 -2
of the Standard Specifications.
Within the roadway areas pavement over aggregate base shall
consist of a base course of 0.25 feet thickness of Type III -
B2- AR4000 asphalt concrete followed by 0.10 feet thickness of
Type III- C3- AR4000 asphalt concrete finish course. If in the
opinion of the Engineer, the condition of the roadway surface at
the time of applying the finish course is such as to require an
application of "tack coat" the Contractor shall apply the tack
coat to base course as directed by the Engineer and no additional
compensation shall be allowed therefor.
i
I
3. Placement of Asphalt Concrete Overlays
Placing of asphalt pavement overlays on existing pavement shall
conform to Subsection 302 -5 of the Standard Specifications, and
shall be Type III- C3- AR4000, finish course grade. Tack coat shall
be applied to existing pavement and shall be Type SS -lh emulsified
asphalt, or a type to be specified by the Engineer in the field,
and conform to Subsection 203 -3 of the Standard Specifications.
4. Measurement and Payment
Measurement and payment for asphalt concrete shall be in accor-
dance with Subsection 302 -5.8 of the Standard Specifications
and as specified herein.
All asphalt concrete shall be measured in tons and payment will be
made at the contract unit prices.
Payment for all asphalt work shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals
and for doing all work involved in constructing asphalt concrete
pavement, overlay, or trench resurfacing, complete in place, and
shall include all costs of furnishing and applying prime coat, tack
coat and paint binder where required by the plans and these
Special Provisions.
Portland Cement Concrete
All portland cement concrete shall be Class 560 -C -3250 unless otherwise
specified on the plans. Construction shall be performed according to
the requirements of the applicable sections of the Standard Specifications,
except as herein modified.
The sodium sulphate loss requirement of Sec. 400 -1.3.1 may be waived by
the Engineer.
The Cleanness Value requirement of Sec. 200 -1.4 shall be replaced with
the following:
Tests Test Method No. Requirements
Cleanness Value Calif. 227 Ind. Test 70 min.; Mov. Av. 75 min.
Percentage Wear ASTM C131
100 Revolutions 15 Max.
500 Revolutions 52 Max.
The Sand Equivalent requirement of Sec. 200 -1.5.3 shall be replaced with
the following:
Tests
Sand Equivalent:
Individual Test
Moving Average
Test Method No.
Calif. 217
-10-
Requirements
70 Min.
75 Min.
0 0
Portland cement concrete used for the curb and gutter and sidewalk
(bike trail) shall be securely barricaded immediately following
placement, and no vehicular traffic shall be allowed thereon for
four (4) days.
For payment purposes, reconstruction of bus bay slab as shown at
station 684 +54 shall be considered "sidewalk" and paid for at the
contract bid prices for sidewalk (bike trail) construction.
Payment for constructing P.C.C. curb and gutter shall exclude curb
inlet and local depression lengths.
J. Storm Drains and Drainage Structures
Pipe
Storm drain pipe shall be either cast or spun reinforced concrete
pipe of the size and "D" -load shown on the plans.
All reinforced concrete pipe shall have 0 -ring rubber gasket bell
and spigot joints satisfactory to the Engineer to prevent sand
infiltration into the pipe.
All reinforced concrete pipe and fittings shall be in accordance
with Section 207 -2 of the Standard Specifications and as specified
herein. All asbestos - cement storm drain pipe and fittings shall
be in accordance with Section 207 -6 of the Standard Specifications.
Storm drain pipe bedding shall conform to Class "C" bedding per
City of Newport Beach Standard 316 -L.
Backfill material in all pipe trenches above the bedding material
and around associated structures shall be placed and compacted in
accordance with Section 306 of the Standard Specifications.
All costs incurred in the abandonment of existing storm drain
facilities shall be included in the unit prices bid for the new
storm drain facilities and no additional compensation shall be
allowed therefor.
Drainage Structures
All drainage structures shall be constructed
pertinent City Standard Drawings and details
All curb inlets shall have a protection bar
Std. 300 -L.
-11-
in accordance
shown on the
installed
per
with the
plans.
CNB
3. Concrete Bacoll
Ll
Where shown on the plans, concrete backfill shall be placed over
and around the storm drain pipe in accordance with the detail
shown on sheet 4 of the plans.
Payment for concrete backfill will be made at the contract unit
price per linear foot of the pipe being encased.
Trenching and Backfill
All excavations and trenches for the storm drain facilities shall
be in conformance with Article 6 of Title 8 Division of Industrial
Safety Orders. The classification of the soil material with
respect to shoring is "Running Ground" per Section 1541 (e) (s).
Section 306 -1.3.6 of the Standard Specifications is hereby
amended to require a minimum of 95% relative compaction of all
trench backfill in all areas. The contractor shall densify.by
jetting and /or ponding supplemented as required with mechanical
devices to comply with this special provision. It is the intent
of this special provision that no trench backfill settlement Will
be allowed.
Measurement and Payment
Payment for storm drain pipe will be made at the contract unit
price per linear foot and shall include all costs of furnishing
and installing pipe, trenching, bedding, pipelaying, backfill
and compaction, the abandonment of existing storm drain pipe and
structures by constructing brick and mortar plug, and all appur-
tenant work, complete in place.
The contract lump sum or unit prices for the drainage structures
shall include all compensation for furnishing all labor and
materials to construct all items as shown in details in the
plans for the various.locations including excavation, backfilT
and compaction, grates,.covers, manhole frames and covers,
rounded entrances to outlet pipes, local depressions and all
appurtenances, complete in place.
K. Adjustment of Manholes and Various Vaults to Finished Grade
The Contractor shall adjust the existing utility vaults and manhole
frames and covers to grade at the locations shown on the plans.
Frame and covers shall be adjusted after finish course of asphaltic
concrete has been.placed. In concrete areas, they shall be adjusted
to grade prior to placement of the portland cement concrete. All
manholes, water vaults, water valve boxes, water meter boxes, street
light box and similar items shall be adjusted to finish grade in a
manner similar to that described in Subsection 302 -5.7 of the
Standard Specifications.
Contractor's attention is directed to the existing street light box
located at station 731 +90.5. Contractor shall verify if existing box
is traffic or non - traffic type, and install a new traffic box if the
existing box is non- traffic. The replacement box shall be identical
in size to the existing box or an equivalent substitute may be used
as determined by the Engineer.
-12-
Work performed on Orange County Sanitation District sewer facilities
shall be done in accordance with the requirements of the District.
Payment shall be made on the basis of a count of sewer or similar
type manhole frames and coveres adjusted to finish grade by the
Contractor. Minor items such as water meter boxes, street lighting
or traffic signal boxes shall not be counted.
L. Survey Monuments
The Contractor shall furnish and install survey monuments in accordance
with Standard Drawing 106 -L, Section 309 "Monuments" of the Standard
Specifications and these Special Provisions at the locations shown on
the plans.
All monuments shall conform to Standard Drawing 106 -L. The Contractor's
Surveyor shall establish the proper location for frame and cover and
the concrete monument complete with bronze crown. The Engineer will
provide surveying services to punch the bronze disc and set straddle
ties for each monument. Any monument misplaced to the extent that the
punch mark does not fall within a 14 inch circle centered on the bronze
disc shall be repositioned by the Contractor at his expense to the
satisfaction of the Engineer.
The contract unit price paid for survey monuments shall include full
compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in furnishing
and installing the monuments, complete in place, including excavating
and backfilling holes, any required pavement replacement, and disposing
of surplus excavated material, as shown on the plans and as specified
in the specifications and these special provisions, and as directed
by the Engineer.
M. Fire Hydrant, Water Main and Water Service Relocation
Fire hydrant, water main and water service relocation shall be performed
in accordance with the City's Standard Special Provisions and Specifica-
tions for water mains, and per details as shown on sheet 4 of the plans.
The Contractor shall be responsible for maintaining water service to
the businesses and the residents affected by the work and for providing
notices as specified in Section 15 hereof. Full service shall be
maintained during the night hours, and temporary disruptions in water
service during the day shall not exceed (4) four hours.
All water shut downs are to be made by the City Utility Department.
A 48 hour notice must be given to the City Utility Department and
no shut downs will be made on Fridays or Mondays.
Full compensation for furnishing all labor, materials, tools, equipment
and incidentals and for doing all work involved in relocating the fire
hydrant, water main and water service including excavation, backfill,
thrust blocks and encasement, complete in place, to the satisfaction of
the Engineer shall be considered as included in the lump sum contract
price paid for relocating the existing fire hydrant, water main and
water services at locations shown on the plans.
-13-
1
N. Concrete Stairway With Handrail
The Contractor shall construct the concrete stairway with handrail as
shown on sheets 3 and 4 of the plans. All work shall be done to the
satisfaction of the Engineer.
Full compensation for furnishing all labor, materials, tools, equip-
ment and incidentals and for doing all work involved in constructing
the concrete stairway including handrail, bike ramp, excavation and
backfill, complete in place, to the satisfaction of the Engineer shall
be considered as included in the lump sum contract price paid for this
item.
0. Final Clean -Up
Upon completion and before making application for acceptance of the
work, the Contractor shall clean all work areas, and all other grounds
occupied by him in connection with the work of all rubbish, excess
materials, temporary structures, and equipment, and all parts of the
work and ground occupied by him shall be left in a neat and present -
able condition.
Full compensation for conforming to the requirements of this article
shall be considered as included in the contract bid prices paid for
the various items of work, and no additional compensation will be
allowed therefor.
P. State Bond and Inspection Requirements
The Contractor shall furnish the State with a signed application and
a $10,000.00 2 -year bond on the State's DHM -P -4 Bond Form to cover the.
work within the State highway right of way. The Contractor will be
issued a Rider authorizing him to do this work and will be required to
reimburse the State for all inspection costs incurred for the inspection
of the work performed in the state highway right of way.
The City will reimburse the Contractor for all inspection costs billed
by the State upon submittal of the bills to the City.
-14-
APPENDIX
CITY OF NEWPORT BEACH
• Contract No. 2062 •
Special Endorsement No.
In consideration of the premium charged, this endorsement is attached to
and made a part of all policies insuring the liability of any person, firm or
corporation performing services under contract for the City of Newport Beach.
Notwithstanding any inconsistent expression in the policy to which this
endorsement is attached, or in any other endorsement now or hereafter attached
thereto, or made a part thereof, the protection afforded by said policies shall:
1. Include the City of Newport Beach, County of Orange, State of California,
and Robert Bein, William Frost and Associates, their officers and employees as
additional insureds in the policies described below for injuries, death or damage
to property arising out of or in connection with the contract executed by the -
named insured and the City. It is further agreed that this policy shall be
primary and non - contributing with any other insurance available to the agencies.
and company named above and includes a severability of interest clause.
Z. Include contractual liability coverage applicable to the Contract
No. 2062, including the obligation to defend the agencies and company named
above.
3. Delete all exclusions relating to property damage arising out of ex-
plosion, collapse, or underground damage (commonly referred to as "xcu" hazards).
4. Indemnify and save harmless the City of Newport Beach, County of Orange,
State of California, and Robert Bein, William Frost and Associates against any
and all claims, excluding sole negligence of the agencies or company mentioned
above, resulting from the undertaking of the contract. This hold harmless
assumption on the part of the underwriters shall include all costs of investi-
gation and defense, until reasonable determination is made that the agencies
or company mentioned above are solely negligent.
5. Provide limits of liability and coverages as follows:
COVERAGES TO
WHICH THIS EFFECTIVE
ENDORSEMENT DATE OF
ATTACHES ENDORSEMENT
POLICY POLICY LIMITS OF INSURANCE
NUMBER PERIOD LIABILITY COMPANY-
This endorsement is effective , 19 , when signed by
an Authorized Representative of the companies affording coverages and when
issued to City ,sue valid and form a part of policies herein described.
Should an 'if the above described policies be cancelled before the expira-
tion date ther �:q is company shall mail 30 days' prior written notice
by registered m t
ity Newport Beach
/ y Cler
3 PJBr�or oul and
Ne po {L/B Ca is 92663
�CT OR BRO ER
Address
By
Authorized Representative
IMPORTANT: This is the only evidence of insurance acceptable to the City. The
person executing this Endorsement is cautioned to make certain that
he has authority to do same on behalf of the insurance Company or
Companies.
C.I.E. - 3/79
1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
STANDARD SPECIAL PROVISIONS
FOR USE IN CONJUNCTION WITH THE
AGC /APWA STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
2 -1 AWARD AND EXECUTION OF THE CONTRACT
2 -1.1 AWARD OF CONTRACT - The award of the contract, if it is awarded,
will be to the lowest responsible bidder whose proposal complies with all
requirements described. The award, if made, will be made within 30 days
after the opening of the bids. All bids will be compared on the basis of
the Engineer's estimate of quantities of work to be done.
2 -1.2 EXECUTION OF CONTRACT - The contract shall be signed by the success-
ful bidder and returned, together with the contract bonds and the City's
Standard Certificate of Insurance form, within 10 days, not including
Sundays, after the bidder has received notice that the contract has been
awarded. No proposal shall be considered binding upon the City until the
execution of the contract by the City.
The date of the contract shall be the date that the contract is executed
by the City.
For work to be accomplished under a State Improvement Act, the contract
shall be executed by the successful bidder within the time limits set
forth in particular State Improvement Act stipulated in the Resolution of
Intention.
7 -3 LIABILITY INSURANCE
Substitute the following minimum limits: Comprehensive liability, combined
single limit for bodily injury or property damage.
Each occurrence: $ 500,000
Aggregate protective: $ 500,000
Aggregate products: $1,000,000
Aggregate contractual: $ 500,000
This policy shall include the following coverages:
a. Contractual or Assumed Liability relating to contract(s) between
the named insured and the certificate holder named above.
b. Owned, Hired and Non -owned Automobiles.
c. Contractors Protective Liability (When insured engages subcontractors).
d. Products Liability or Completed Operations.
e. Explosion and Underground Hazards (when applicable).
f. Personal Injury Hazards.
g. Broad Form Property Damage.
- 1 -
F
To
L
FOX. DMO.M,P'02 (r+ev 1
STATE OF CALl^SPOTATTOV• No......- ---- - 765536
DEPARTMENT OF T °`�' -
ENC V1,0ACHMENT PERMIT
City of Newport Beach Los An
3300 W. Newport Blvd. _._.,..___--- ----..._...,California
Newport Beach, CA
February 5, 80
.. 19........_
, Permittee _}
In compliance with your request of-------- -- Nove-- -- ------ mber -- -- °- ° 21 -----, -. ---------- .------- 79 � 7_ -- -- -and subject
to all the terms, conditions and restrictions written below or printed as general or special
provisions on any part of this form andf or attached hereto.
PERMISSION IS HEREBY GRANTED TO construct curb & gutter, sidewalk,
asphalt concrete pavement, 18 -RCP storm drain, and appurtenant
drainage facilities within the State highway right of way on
the south side of Pacific Coast Highway between Newport Blvd.
and 61st Street in the City of Newport Beach, ORA- 001 - 19.87/20.77,
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/W 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 Enginee:
Mr. Medina by calling 834 -8317 between 7:30 -9AM to insure a complete
understanding of the requirements by both parties.
The City of Newport Beach has furnished the State with a letter
accepting responsibility for maintenance of the area between the curl
and the R/W line on the south side of Pacific Coast Highway in the
limits of the work, and shall maintain this area, including slopes
and .landscaping, at no cost to the State.
Traffic shall be maintained in accordance with Sections 7 -1.08 and
7 -1.09 of the Dept. of Transportation Standard Specifications dated
Jan. 1978 and with the Manual of Traffic Controls dated 1977.
Cop.tirt7ted
This permit is to be strictly construed and no work other than that specifically
mentioned above is authorized hereby.
This permit shall be void unless the work herein contemplated shall have been completed
before. ,.August 5,
LB:jc
cc LB HTB MEDINA MOTODA
OF
DEPARTMENT OF TRANSPORTATION
R. J. DATEL
- - - - -- .. - - - -- - - - - -- ------- - - - - -- . . -
Di.rt�roj Tsan.*Partntiml
L. BROOKS
By, - -- - ---- --... - --- _-------- -- - ---
Asst. p�nct Permit Engineer
GENERAL PROVISIONS
1. Definition. This permit is issued under Chapter 3 of Division 1 of the Streets and Highways Code. The term
encroachment is used in this permit as defined in the said Chapter 3 of said code. 1 {xcept as otherwise provided for
public agencies and franchise holders, this permit is revocable on five clays notice.
2. Acceptance of Provisions. It is understood and agreed by the Permittee that the doing of any wnrk under this
permit shall constitute an acceptance of the provisions.
3. No Precedent Established. This permit is granted with the understanding that this action is not to be considered
as establishing any precedent on the question of the expediency of permitting any certain kind of encroachment to be
erected within tight of way of State highways.
4. Notice Prior to Starting Work. Before starting work the Permittee shall notify the District Director of Trans-
portation or other designated employee of the district in which the work is to be done. Such notice shall be given at
least three days in advance of the date work is to begin. Unless otherwise specified, all work shall be performed on
weekday and during normal working hours of the Grantees inspector. ,
5. Keep Permit on the Work. This permit shall be kept at the site of the work and must be shown to any repre-
sentative of the Grantor or any law enforcement officer on demand. I -
8. Permits from Other Agencies. The party or parties to whom this permit is issued shell, whenever the same is
required by law, secure the, written order or consent to any work hereunder from the Public Utilities Commission of the
State of California, or any other public board having jurisdiction, and this permit shall be suspended in operation unless
and until such order or consent is obtained.
7. Protection of Traffic. Adequate provision shall be made for the protection of the traveling public. Barricades shall
be placed with amber lights at night, also flagmen employed, all as may be required by the grantor for the particular
work in progress.
8. Minimum Interference With Traffic. All work shall be planned and carried out so that there will be the least
possible inconvenience . to the traveling pubbc except for the specific work permitted.
9. Storage of Material. No material shall be stored within eight (8) feet from the edge of pavement or traveled
way or within the shoulder line where the shoulders are wider than eight feet. No supplies or equipment shall be stored
on the highway until pernittee is ready to start work.
10. Clean Up Right of Way. Upon completion of the work, all brush, timber, scraps and material shall be entirely
removed and the right of way left in as presentable condition as before work started.
11. Standards of Construction. All work shall conform to recognized standards of construction.
12. Supervision of Grantor. - All the work shall be done subject to the supervision of, and to the satisfaction of, the
Grantor. - -
13. Future Moving of Installation. It is understood by the Permittee that whenever construction, reconstruction or
maintenance work on the highway may require, the installation provided for herein shall, upon request of the Grantor,
be removed or revised at the sole expense of the Permittee within five clays of such notice. -
14. Expense of Inspection. On work which requires the presence of an employee of the Grantor as inspector, the
- salary, traveling expense, and other Incidental_ expense of such inspection during the work shall be paid by the Permittee
upon presentation of a bill therefor. - - - - -
15. Liability f9r Darnages. The Permittee is responsible for all liability for personal injury or property damage
which may arise out of work herein permitted, or which may arise out of failure on the Permittee's part to perform his
obligations under the permit.in. respect to maintenance. In the event any claim of such liability is made against the State
of California, or any department, officer' or employee thereof, Permittee shall defend, indemnify and hold them and each
of them harmless from. such.claim. This permit shall not be effective for any purpose unless and until the above -named
Permittee Ries with the Grantor, a surety bond in the form and amount required by said Grantor, unless specifically
'exempted oR the face hereof. The requirement 'that a bond be filed does not apply in the event the Permittee - is a
governmental board which derives its revonue by taxation. -
16. Making Repairs. If the Grantor shall so elect, repairs shall he made by employees of the Crantor anil the
expenses thereof shall be borne by the Peftittee. All payments to laborers, inspectors, etc., employed by said Crantor
for or on account of the work herein contemplated, shall be made by said Permittee forthwith on receipt of.- written
orders, payrolls or voucheis approved by Grantor. Or the Grantor may elect to require a deposit before starting repairs,
in an amount sufficient to cover the estimated cost thereof.
The Grantor will give reasonable notice of its election to make such repairs. if the Grantor does not so 'elect, the
Permittee shall make such repairs promptly. In every case the Permittee shall be responsible for restoring . any portion of
the highway which has been excavated at otherwise disturbed to its former condition as nearly as may be possible except
where the Grantor elects to make repairs as above provided in this paragraph and except where provision to the contrary
is made in the typewritten portion of the permit. Existing improvements shall be protected or relocated as required by
work authorized by this permit. If existing improvements are damaged or their operation impaired by this work, they
shall Ito replaced or restored to the satisfaction of the Grantor. e -
17. Care of Drainage. If the work herein contemplated shall interfere with the established drainage, ample provision
shall be made by the Permittee to provide for it as maybe directed by the Grantor.
18. Submit Location Plan. Upon completion of underground or surface work of consequence, the Permittee shall
famish plan to the Grantor's District Office showing location and details.
19. Maintenance. The Permittee agrees by the acceptance of this permit to exercise reasonable care to maintain
properly any encroachment placed by it in the highway and to exercise reasonable care in inspecting for and immediately
repairing and making good any injury to any portion of the highway which occurs as a result of the maintenance of the
encroachment in the highway or as a result of the work done under this permit, including any and all injury to the
highway which would not have occurred had such work not been done or such encroachment not placed therein.
PIPES, CONDUITS, GAS PUMPS, ETC.
20. Crossing Roadway. Service and other small diameter pipes shall be jacked or otherwise forced underneath
pavement without disturbing same. Pavement or roadway shall not be cut unless specifically permitted on the face
hereof. Service pipes will not be permitted inside of metal culvert pipes used as drainage structures. -
21. Limit Excavation. No excavation is to be made closer than eight (8) feet from the edge of the pavement except
as may be specified. -
22. Tunne ling. No tunneling will he permitted except on major work as may he specifically set forth on the face hereof.
23. Depth of Pipes. There shall be a minimum of 30 inches of cover over all pipes or conduits.
24. Backfilling. All baMlling is to be moistened as necessary and thoroughly compacted to required dry density
per cubic feet. Whenever required by the Grantor, a trench crossing the roadway shall he backfilled with gravel or
crushed rock.
City of Newport *c =1
—2— • 779— E-765586
Traffic shs=i not be diverted or interrupted without prior approval
of ti,e State Inspector.
No lane closure will be permitted on Pacific Coast Highway between
the hours of 6:00 to 9:00 A.M. and 3:00 to 7:00 P.M. on weekdays.
A minimum of one paved traffic lane, not less than 12-feet wide,
shall be open for use by public traffic in each direction of
travel on Pacific Coast Highway between the hours of 9:00AM
and 3:OOPM on weekdays.
No lane closures will be permitted on Pacific Coast Highway between
June 13, 1980 and Sept 2, 1980.
No work shall be performed on Saturdays, Sundays, or Holidays unless
approved by the State Permit Engineer in the field.
Existing roadside signs shall be relocated by the Permittee at
his expense.
Removal of existing traffic stripe and placing new traffic stripe
& pavement markings shall be 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.
Existing utilities shall be protected from damage resulting from
the Contractors operations.
All materials within 21h feet of finish grade in the paved..portions
of the roadway shall be compacted to not less than 95910 relative
compaction.
Backfill material for trenches excavated within the State R/W
shall have a minimum sand equivalent of 20 and shall be compacted
to not less than 959/6 relative compaction.
All manholes constructed within the improved portion of the
roadway shall either be backfilled with 11� sack sand - cement slurry,
or aggregate base material compacted to not less than 95% relative
compaction.
On all permit work involving installation or revision of the State's
lighting, signal or electrical facilities, Permittee shal'_notify
Permit Electrical Inspector Ben Motoda 213- 620 -2030 of his
intention to begin work at least (3) three working days in advance.
The permittee shallpay for any temprorary wiring or service connection
required to keep the signal system in effective operation during
modifications.
Any necessary relocation of the State's signal street light facilities
shall be completed prior to starting the road work in the area.
1. City of Newport B ch -3- 09 -1- 765566
Care should be exercised in avoiding existing si .-nal and lighting
conduits within the project limits.
In event of conflict with the existing traffic signal and liir;htinc;
systems where no electrical work is authorized in the permit, call
the Signal Maintenance Laboratory at (213) 620 - 2.215.
If it is necessary to disturb the traffic signal equipment, or if
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.
Said work, if necessary, shall be completed within thirty (30)
days.
Protection of the Traffic Signal Equipment as shown on the attached
"As- Built" plans is a part of this permit.
All changes or variations from the permit plans and specifications
shall be approved by the Permit Engineer 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 Rep. in the
field.
The work authorized by this permit does not require a D.I.S. permit.
The Permittee's Contractor shall.furnish the State with a $10,000
bond on the States bond form DMO -M -P-4 to cover the work within the
State highway right of way, and submit a signed application requesting
a rider authorizing him to do the work covered by this permit. The
Contractor will be issued a Rider authorizing him to do the work,
and will be required to reimburse the State for all costs incurred
for inspection of the work performed within the State highway
right of way.
Special attention is directed to General Provisions 2, 3, 5 and
6 printed on this form.
The attached SUBSTRUCTURES and ROADSIDE IMPROVFIENTS sheets are
part of this permit.
:
0.
MAINTIENANCE
SPECIAL TERMS AND CONDITIONS
(S STRUCTURES
9
TO HE ATTACHED AND MADE A PA?`T OF ENCROACFIfENT PERMIT NO. 779 -E- 765586
A. Irspection Requirements
1. It 1s imperative that -he Permittee notify the State Inspector at least
A8 hours prior to atazting any work under this permit. State Inspector
Mr. Medina shone 834 -8317 between ?_�50 -c)Am
or if no answer phone -8510
etween and 4 PN.
2. All inspection costs incurred incidental to this work shall be borne by
the Permittee unless otherwise specified on the face of the permit.
3. All work shall be performed on weekdzyn during the normal working hours
17:30/4:00) of the Dept- of Transpertailon'a 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 natizfaction of the State representative
and the following special provisions:
1. SAFETY AND TRAFFIC CONTROL:
A minimum of lanes shall be provided for traffic in each direction.
In addition, minimum clearance of two feet adjacent to any surface obstruction
and a five -foot clearance between the excavation and the traveled way shall
be maintained.
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 cut for the next section.
2. CONSTRUCTION REOUIRMNTS:
Unless otherwise authorized, pipes and conduits shall be installed in a manner
to provide a minimum clearance of 42 -1 -fiches between the top of pipe and surface.
F.C.C. pavement shall be scored to a depth of li 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 oint for bonding existing pavement and replacement patch.
7 -MP- 13
JUL 711 Rev (over)
0 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 cement 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 t; A.C. pavements shall be made within 5 working daya of completion
of backfiil and shall be made with asphaltic concrete meeting State spect-
f.ications, with every effort made to match the existing pavement as to color
and surface texture. Replacement of A.C. 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 3" in thickness using approved hand,
Pneumatic or mechanical type tampers to obtain a "relative compaction" of 95
Percent usint; California Teat Method 216P. Structural backfill outside of elope
lines and nGt beneath any roadbed shall be compacted to a relative compaction
of 90%. Backfill material shall have a "Sand Equivalent" value of not leas
than 20 as determined by the California Test Method 21TP, if the excavation
falls within the existing or proposed roadbed. Consolidation by pondinq and
getting 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. PondI and jettLn
Of the upper u' below finished grade Ss not permitted. When Pon ng an
jetting s perm e , mar. se use as struciuiai oackfill shall be placed
and compacted in layers not exceeding 4' in thickness. Ponding and getting mt.
methods shall be supplemented •try 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 tests shall not exceed one test per 15001 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 testing
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 matcan6 existing
score marks.
When installation 13 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 ?ermittee small at
his expense, pressure grout from.within the casing and /or from the topp 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.
Sex"lice connections must be installed at an angle of 90 degrees from the
center line of the State -highway which the.main line traverses.
S C MATEN
INANCE - PS MITB�
0
SPECIAL PROVISIONS
(ROADSIDE IMPROVEMENTS)
TO BE ATTACHED TO AND MADE A PART OF PERMIT NO. 779 -E- 765586
I. INSPECTION REQUIREMENTS
It ls,imperative that the permittee notify the following State Inspector
at least 48 hours prior to starting any work under this permit, State
Inspector: Mr. Medina phone g34 -8317
between- - or if no answer phone
:00 a.m. and 4:00 p.m.
All inspection costs incurred incidental to this work shall be borne by
the permittee. All work shall be performed during the working hours
regularly assigned to Department of Transportation employees.
II. CONSTRUCTION REQUIREMENTS
Unless otherwise detailed and authorized on the face of this permit, all
work shall be done in accordance with the Division of Highways Standard
Specifications dated Jan. 1973 and the following special provisions:
(Only items pertaining to the applicable construction work will apply,)
A. Sidewalk shall be constructed with Class "A" Portland Cement Concrete
four (4) inches in depth except at commercial driveways where six (6)
inch depths respectively, will be required.
Back edge of sidewalk shall be placed on the right -of -way line.
The finished grade of sidewalk shall have a cross fall of 1/4 inch
per foot. Concrete shall be scored in accordance with the
Standard Specifications or so that scoring will match adjoining
existing concrete.
B. P. C. C. sidewalk shall be constructed using a minimum of 4" of
Class A P. C. C. over 4" of pea gravel or sand subbase and soil
sterilant consisting of 25% sodium- clorate per gallon of water ap-
plied at the rate of one fourth gallon per square yard. The 4" of
sand subbase may be waived provided the native soil has a sand
equivalent value of 20% as determined by California Test Method 217F
or as determined by the State Highway Representative.
C. Concrete curbs and gutters shall be constructed to authorized plan
rades or, n con ormance with existing curb for alignment and grade.
State Standard type curb and gutter is required.) Grade and align-
ment of portions of curb - returns lying outside the Division of-High-
ways right of way must ve a approval of the city or county
involved.
Prior to the construction of new curbs, the permittee shall relocate
surface obstructions (such as utility poles, trees, etc.) to loca-
tions back of the proposed curb, also continuation of curb line
within the following limits: Fifty (50) feet back from beginning of
7- DIP -17 (OVER)
Sep 74
,+ of curb construe and one hundred and fif o(150) feet beyond the
end of curb const ction for safe traffic movement. Removal or re-
" location of surface obstructions shall be done without expense to the
State.
D. Sections of exist in concrete curbs and sidewalks to be removed shall
be cut on the neares score mars beyond the limits of removal. This
concrete shall be removed to full depth and disposed of outside the
State right of way. Unless a neat cut is made without damage to re-
maining concrete, additional concrete shall be removed to the next -
score line, using a concrete saw if considered necessary by.the State
Inspector.
E. (1) Concrete driveways shall be constructed in accordance with the
attached Regulations for Standard Driveways.
(2) Concrete driveway shall be located to provide not less than 2 feet
of full- height curb between permittee's property line and driveway.
In those cases where the lot line does not intersect the highway right -
of -way line at 900, the extension of the property line within the
State right of way for purposes of determining driveway locations,
shall be on a line at right angles to the curb or edge of traveled
way and passing through permittee's lot corner.
F. T.enPPorary driveways when authorized shall be constructed with Asphalt
surfacing pth of not less than three (3) inches. The edge of
driveway shall be not less than five (5) feet from permittee's side
property line when curbs are not constructed.
Driveways shall be constructed at right angles to and shall join exist-
ing surfacing Radius of flared sections placed between edges of
'r pavement and driveway shall not exceed ten (10) feet, unless a larger
radius is authorized on face of permit.
Finished grade of surfacing placed between traveled way and curb shall
conform to existing shoulder grade.
This construction shall not interfere with the existing drainage in
any way.
The permittee understands and agrees that asphalt- concrete surface
driveways are temporary; at such time as concrete sidewalks are con-
structed, asphalt- concrete surface driveways shall be replaced with
standard driveways of Portland Cement Concrete. All driveways shall be
constructed over 6 inches of aggregate base.
G. Roof drains, when authorized, must be restricted in use for the exclu-
sive purpose of draining rain water from the roof of permittee's
building and /or paved parking lot. Roof drains if used for any other
purpose, such as draining waste water or domestic supply water onto the
highway, will be summarily plugged at curb face outlet by State forces.
Drains shall be installed at right angles to the curb line.
Removal and replacement of concrete curb and sidewalk sections for the
installation of roof drains shall be done in accordance with provisions
of Paragraph "C" above.
H. Roadside landsca 1 , when authorized, shall conform with requirements
given,, on a ace of the permit and /or the State's Landscaping
Regulations.
7 -MP -17 (back)
Sep 74
y
,F
"The permittee for himself, his personal representatives,
Successors in interest and assigns, as part of the con-
sideration hereof, does hereby covenant and agree (1)
that no person on the ground of race, color or national
origin shall be excluded from participation in the use
of said facilities, (2) that in the construction of any
improvements on,.over, or under such land and the
furnishing of services thereon, no person on the ground
of race, color or national origin shall be excluded from
participation in, denied the benefits of, or otherwise
be subjected to discrimination, and (3) that the permittee
shall use the premises in compliance with all other require-
ments imposed by or pursuant to Title 49, Code of Federal
Regulations, Department o Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in
Federally - assisted programs of the Department of Trans-
portation- Effectuation of Title VI of the Civil Rights
Act of 1964, and as said regulations may be amended."
"That in the brCach of any of the above non - discrimination
covenants, the State of California, 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.°
25- Surfacing. Ai proper backfilling, base and surfacing shall Ire raced in kind, and the site restored to its
r .z original condition, all to the satisfaction of the Grantor.
26. Maintain Surface. The Permittee shall maintain the surface over structures placed hereunder as long as necessary.
27. Pipes Along Roadway. Pipes and utilities paralleling the pavement shall be located at the distance from traveled
way and at such depth as specifically directed on die face hereof. Cutting of tree roots will not he permitted.
POLES, WIRES, CABLES AND OVERHEAD STRUCTURES
28. Location Pole Lines, etc. Pole lines shall be located one foot from the property line unless otherwise specified
on the face hereof.
29, Public Utilities Commission Orders. All clearances and type of construction shall be in accordance with the
applicable orders of the Public Utilities Commission of the State of California.
30. Permission from Property Owners. Whenever necessary to secure permission from abutting properly owners,
such authority most be secured by the Permittee prior to starting work.
31. Clearance of Trees. Poles must be of such height as to permit clearance over a tree 40 feet in height, where
quick growing trees are in place. At locations where slow growing trees are in place, normal construction standard may
be followed at the option of the pole line company, with provision to ultimately clear a 40 -foot tree.
32. Guy Wires. No guy wires are to he attached to trees except on specific authority and in no event shall they be
so attached as to girdle the tree or interfere with its growth. Guy wires shall he kept at a minimum elevation of six feet
above the ground whenever so directed.
33. Clearing Around Poles. The Permittee shall remove and keep clear all vegetation from within a radius of at
least five feet of the poles.
34. Painting or Visibility Strips. All poles are to be painted for a distance of six feet above the ground using white
lead and oil or aluminum paint or in lieu thereof, when poles have creosoted butts, wood, metal or other approved type
of visibility strips may be placed. Wood strips are to be Douglas fir 1" x 3 "--5' long placed on 6" centers about the
base of pole and painted with white lead and oil or aluminum paint. If metal strips are used such strips may be placed
either vertically or horizontally. Paint is to be renewed as often as may he required to maintain a satisfactory covering.
If not painted when installed or renewed as the Grantor may consider necessary, the right is reserved to have this
painting done and the Permittee hereby agrees to bear the cost thereof under the terms of this permit.
Poles that do not present a possible traffic hazard will be given consideration for exemption from those provisions upon
written request of Permittee accompanied by pertinent data as to pole location, difference in elevation, etc. The Grantor's
decision will be final in this regard.
35. Remove Old Poles, Guys and Stubs. The entire length of such timbers shall be removed from the ground and
the holes backfilled and thoroughly tamped. In paved areas, temporary A.C. surfacing shall be placed until such time as
permanent repairs are made.
PLANTING TREES
36. Location and Species. The location and kind of trees to be planted shall be specified on the face of this permit.
37. Planting and Maintenance Cost. The Permittee must bear the cost of planting the trees. The arrangement as to
maintenance of the trees shall be specifically set forth on the face of the permit. In particular cases arrangements may
be made for the Grantor to do this work upon deposit of a certain sum for each tree which is to be planted. The Grantor
reserves the right to assume the maintenance or to decline to do so as conditions justify.
38. Group Planting. The cost of group plantings and similar special work which may be agreed upon with the
Grantor shall be borne by the Permittee. Land for such plantings shall be secured in fee by the Permittee and turned
over to the State. Plantings for parking and picnic grounds will not be considered in this connection.
REMOVAL OR TRIMMING OF ROADSIDE TREES
39. Removal of Trees. When permit is granted for removal of a tree as an independent operation or as a part of
other work, the entire stump shall be taken out for a depth of at least two feet below the ground surface or pulverized
with a rotary stump grinder.
40. Clearing the Site. All timber and debris shall be removed from the right of way. The hole left by the stump
shall be backfilled and thoroughly tamped and the site left in a presentable condition.
41. Trimming of Trees. In general, only light trimming of branches two inches or less in diameter will be permitted
and only when specifically so stated on the face hereof. The shapeliness of the tree must be preserved.
42. Inspection. If the permit requires inspection by the Crantor during progress of the work the cost of inspection
shall he borne by the Permittee. No charge will be made for occasional routine inspection.
Road Approaches, Connecting Pavements and Minor Work
43. Grades and Speci ications. Grades and types of construction shall be as detailed by plans or stated on the face
of this permit.
44. Borrow and Waste. Only such borrow and waste will be permitted and within the limits as set forth on the
face of this permit.
45. Afinor Work. Grading down of small banks, small ditches, placing of awnings, and other similar minor work
shall be governed by the general provisions and as detailed on the face hereof.
Signs
46. Clearance of Signs. The minimum clearance from the sidewalk shall be Naelve feet unless otherwise provided
as a provision of this permit.
Railroad Crossings
47. Safety and Convenience. The future safety and convenience of the traveling public shall be. given every
consideration in the location and type of construction.
48. Mect Highway Grade. The grade and superelevation of the track must conform to the grade of the highway
at point of crossing.
49. Width of Paving. The crossing shall be planked or paved as may be specified on the face of this permit for the
full roadway and shoulder width.
' \ sac nn. >sen.em � -ze zoo 4 osr
April 10, 1980
TO: CITY CLERK
FROM: Public Works Department
SUBJECT: !Jest Coast Hwy Improvements from 57th St to Balboa B1.
C -2062
Attached are four copies of the subject contract documents.
Please have executed on behalf of the City, retain your
copy and the insurance certificates, and return the remaining
copies to our department.
tUA7W
ohn Wolter
Project Engineer
JW:em
Att.
NAME AND ADORES% OF AGENCY
I
Limits of Liability in Thousan $ )
COMPANIES
AFFORDING
COVERAGES
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COMPANY
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BODILY INIURV
to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
Notwithstanding any requirement, term of condition
contract or other document with respect to which this certificate may be issued or may pertain,
the insurance afforded
by the policies described herein is subject to al the
exclusions and conditions of such Dolicies.
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES
■ = C01111" lumm7 t COWNAM 60. 20621 AE/P 1010
AOOI?2t1"L 2 ooM noonmaW Amt >s>NOAD TOM 9^ CDVJM= PAR! AT=. �
oxapsum or I1osaw mwn Aim., Panium Am M.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will 1CgXM= mail --4& days written notice to the below named certificate holder, MOMS=
NAME AND ADDRESS OF CERTIFICATE HOLDER:
�/
M 09 6EMai RX31�1
3300 V. BLVD.
6x1!"01! alum* CA 92663
(1 -Z9)
DATE ISSUED: 111111= 26, use
rails i commYt iL...
Biz ��L.I�!( �sE�•C°�t
AUTHORIZED REPRESENTATIVE VE I
Limits of Liability in Thousan $ )
COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
EACH
AGGREGATE
OCCURRENCE
GENERAL LIABILITY
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COMPREHENSIVE FORM
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PREMISES - OPERATIONS
PROPERTY DAMAGE
$ c
270
$
EXPLLOSIIODN AND COLLAPSE
700
HAZ
UNDERGROUND HAZARD
® PRODUCTS /COMPLETED
OPERATIONS HAZARD
BODILY INJURY AND
CONTRACTUAL INSURANCE
PROPERTY DAMAGE
$
$
BROAD FORM PROPERTY
COMBINED
DAMAGE
®
INDEPENDENT CONTRACTORS
PERSONAL INJURY
$ tt--
7Y0
® PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
661►J ;Zit6CCA
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(EACH PERSON)
$
COMPREHENSIVE FORM
®
BODILY INJURY
(EACH ACCIDENT)
OWNED
PROPERTY DAMAGE
$
® HIRED
BODILY INJURY AND
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NON -OWNED
PROPERTY DAMAGE
$
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COMBINED
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EXCESS LIABILITY
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® UMBRELLA FORM
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BODILY INJURY AND
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El OTHER THAN UMBRELLA
PROPERTY-DAMAGE
COMBINED
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FORM
WORKERS'COMPENSATION
STATUTORY
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and
EMPLOYERS' LIABILITY
Z0080 iex <caocnn
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES
■ = C01111" lumm7 t COWNAM 60. 20621 AE/P 1010
AOOI?2t1"L 2 ooM noonmaW Amt >s>NOAD TOM 9^ CDVJM= PAR! AT=. �
oxapsum or I1osaw mwn Aim., Panium Am M.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will 1CgXM= mail --4& days written notice to the below named certificate holder, MOMS=
NAME AND ADDRESS OF CERTIFICATE HOLDER:
�/
M 09 6EMai RX31�1
3300 V. BLVD.
6x1!"01! alum* CA 92663
(1 -Z9)
DATE ISSUED: 111111= 26, use
rails i commYt iL...
Biz ��L.I�!( �sE�•C°�t
AUTHORIZED REPRESENTATIVE VE I
This endorsement modifies such insurance as is afforded by the provisions of the policy
relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE
ADDITIONAL INSURED
(Owners or Lessees)
G 115
It is agreed that:
1. The "Persons Insured" provision is amended to include as an Insured the person or organization named below but only with
respect to liability arising out of operations performed for such insured by or on behalf of the named insured.
2. The applicable limit of the company's liability for the insurance afforded under the Contractual Liability Insurance Coverage
Part forming a part of this policy shall be reduced by any amount paid as damages under this endorsement in behalf of the person
or organization named below.
Name of Person or Organization
(Additional Insured)
CITY OF NEWPORT BEACH, COUNTIOF ORANGE,
STATE OF CALIFORNIA AND ROBERT BEIN,
WILLIAM FROST AND ASSOCIATES, THEIR OFFICERS AND
EMPLOYEES
PROJECT:
WEST COAST HIGHWAY IMPROVEMENTS, CONTRACT NO. 2062, AHFP 1010
This endorsement, issued by one of the below named companies, forms a part of the policy to which attached, effective on the in-
ception date of the policy unless otherwise stated herein.
(The Information below Is required only when this endorsement Is Issued subsequent to preparation of policy.)
Endorsement effective 3/24/80 Policy No. 86GL59719CCA Endorsement No. 21
Named Insured FLEMING ENGINEERING, INC.
Additional Premium $ TBD Return Premium $
The )Etna Casualty and Surety Company
The Standard Fire Insurance Company
Hartford, Connecticut
FRIIS & COMPANY, INC..'
Countersigned by
(ALAW ee FWW r atm) dd 3/26
p,k CAT. ztsw+
,ICC42M 1.73 PPnHTED W U.SA
0
SOLELY AS RESPECTS WORK DONE BY AND ON BEHALF OF THE NAMED%
INSURED FOR THE CITY OF NEWPORT BEACH, IT IS AGREED THAT
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AND ROBERT BEIN, WILLIAM FROST AND ASSOCIATES,
THEIR OFFICERS AND EMPLOYEES ARE ADDED AS AN ADDITIONAL
INSURED UNDER THIS POLICY AND THE COVERAGE PROVIDED HEREUNDER
SHALL BE PRIMARY INSURANCE AND NOT CONTRIBUTING WITH ANY
OTHER INSURANCE AVAILABLE TO THE CITY OF NEWPORT BEACH,
CALIFORNIA, UNDER ANY OTHER THIRD PARTY LIABILITY POLICY.
IT IS FURTHER AGREED THAT THE OTHER INSURANCE CONDITIONS
OF THIS POLICY ARE AMENDED TO CONFORM THEREWITH.
THE COMPANY AGREES TO GIVE 30 DAY WRITTEN NOTICE BY REGISTERED
OR CERTIFIED MAIL TO THE CITY OF NEWPORT BEACH PRIOR TO
CANCELLATION, MATERIAL CHANGES OR NON— RENEWAL.
ADDITIONAL INSURED: CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA AND ROBERT BEIN, WILLIAM FROST AND
ASSOCIATES, THEIR OFFICERS AND EMPLOYEES. AS PER G115 ATTACHED.
PROJECT: WEST COAST HIGHWAY IMPROVEMENTS,. CONTRACT NO. 2062,
AHFP 1010
This endorsement, issued by one of the below named companies, forms a part of the policy to which attached, effective on the inception date of the
policy unless otherwise stated herein.
(TM ixfaraser n Ml n is ryairad oalj tolls this mdorsmnat is u+wd ns6gx at to "wwsw of polky.)
Endorsementeffecrive 3/24/80 Policy No. 86GL59719CCA Endorsement No. 21A
Namedinsured FLEMING ENGINEERING, INC.
Additional Premium $ TBD Return Premium $ RI PD
In Advance $ $
1st Anniv. $ $
2nd Anniv.$ $
The Atna Casualty and Surety Company
The Standard Rre Insurance Company FRIIS & COMPANY, INC.
Hartford; Cormocticut
• 0222
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The fallowing information is required only when this endorsement is issued subvequud to preparation at peficy.)
Endorsement effective Policy No. Endorsement No.
Named Insured
Countersigned by
(Authorized RepreMdaliM)
Tia.endormmeat modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT
Sttredafe
Personal Injury and Advertising Injury Liability
Awmato Limit shall tM j _ piy�currenu bodily injury liability limit unless otherwise indicated basin:
Link of Liability S a a MSr%dw
m'. ,Paj'•, -
" LW liability— Premises Medial Payments Coverage: $1,000 each person unless otherwise indicated Mrain:
6 each person.
limi 0 Liibil -Yqs 1,40 Liability Coverage: 658,000 per occurrence unless otherwise indicated Mme:
S per occurrence.
113 % of the Total Comprehensive General Liability g J im
u; r.
r". Boddill oInj Injury w ined Pf nipm as
MINIMUN PREMIUM g �3*
I, =11116GE1Nll LIANUTY COVERAGE
(A) The definition of inciNntal cooked is extended to include any
WOW ex Rsa m ni "falling M the conduct of the Amd Mandl"
business.
(B) The insurance afforded with rasped to liability assumed under an
Mddeatef cafrad is subject to the following additionf exclusions:
m. (1) to 680 fejary or prapMy damage for which the insured has
assumed liability under any iaci"ll cordrad, if such injury or
n "'*"Dr' occurred prior to the execution of the incidental coined;
(1) it the Insured is an architect, engineer or surveyor, to bodily,
%cra, r Poperly leap iout of the renderio render professional services by such insuredllle:pr;tra tion or epprovel of maps, surveys, eNrye ceders, designs or spexUrcaliens, and
(b) supervisory, Inspection or engineering services;
(3) if the indomnital of the insured is an architect. engineer or
surveyor, to the liability of the irdemndee, his Roots or amployeas,
arising out of
(a) the preparation or approval of or the failure to prepare or
... approve maps, drawingngss.. Opinions, reports, surveys, change or-
"M designs or speulicalions, or
(Ed. 7-76)
(b) the giving of or the failure to give dipdmro or instructions
by the indemnitae, his Agents of, }o)p�lep� pprrovided such giv-
ing or failure to give Is the priala pica'O lho MdMy i *n
or praMrk d8saw .
(6) to any oMiption for which the Mined asay be hold liable in an
action on a contract by a third party beneficiary for Inift iryury
or properly dowago arising out of a projad for a public authority;
but this exclusion does not apply to m action by the public autfleri-
ty OF any other person or organization engaged in the proied;
(5) to bodily k*" or properly donup arising out of operations,
within 50 fed of any railroad property, affocNng any railroad bridge
or finite, tracks, road beds, tunnf, usdergpss OF crossing; but this
exclusion don not apply to sidetrack ngrownts
(C) The following exclusions applicable be Camp A (Bodily In� ry)
and 8 (Properly Dump) do not app* to to CIOKUW Lzprrhty
Coverage: (b), (c) (2). (d) and (e).
(D) The Iflowiog additional cone itioo &WOW, ,
Arbitration ..•
The company dWl be entitled to ex"so W Of the laawod's rights
in the choice of erbitveters and in tb cwMud.f.ary arbibelion
proceeding.
Pap lot 1
GENER ROYISIONS
FOR LIABILITY POLICIES
UFE6t aBWLTY
DEFINITIONS
When used In this policy (including andonomis b brmino a Part
hereop:
"autreobiM" memo a land motor vehicle, trailer or semi- trailr
designed for travel on public roads, (including any machinery or ap.
paratus after ad thrsto), but does not include mobile equipment:
"bodily Injury" means bodily Injury, sickness or disease sustained
by any person which occurs during the policy period, including
death to any time resulting therefrom;
"collapse heard" includes "structural property damage' as
defined heroin rid property domage, to any other property at any
fire recurring ttarairan. "Structural property damage" mans the
collapse of or atnctural injury to any building or structure due to (1)
grad ing d land, excavating, borrowing,, filling, tack - filling, tun -
naiitg, plle drMn% cofferdam work or caheaon work or (2) moving,
shoring, underpinning, raising or demolition at any building or
structure or removal or rebuilding of any structural support thred.
The collapse heard does not include property damage (1)
rising out of operations performed for the named Insured by In.
dependent contractors, or (2) Included within the completed
operaliaa heard or the underground property dena0e
hoard, or (3) for which liability Is assumed by Its breaod nder
an Incidental contract;
"computed operations heard" Includes b". Injury and
properly drrngs rising out d operations or reliance upon ■
reptessmalWn or warranty made d any time with respect thereto
but only if the bodily Injury or property damage occurs afar such
operators have been completed or abandoned and occurs away
ham pramuese awned by « rented b the nartntd Iurrwd.
oo necllon therewith. Operations Wall be deame osmpleted IN On
erliek of the following times:
(U when all operations to be performed by d on behalf d too
narrled Its I user the contract have been dortplefed,
(2) when all operotlms to be performed by or on behalf of the
named Inetaed of the site of to operations have bow corn.
~, or
(3) when the portion of to work ad of which the Injury or damps
arises hall been put to Its intended use by any person or
organization other then another contractor or subcontractor
engaged in performing operations for a principal as a pan of
the tone project.
Operations which ryrrservice d m
or ccarrotm, repair or b a, so any or
deficiency, but which ere otherwise oomplaie, shall be deemed
completed.
The . , - I I operations Hard dose not Include booty Injury
or properly damage Acing out'd
W uleas�do bsdty Inl «InI « property damage rl ee o property,
condition In or m a veh� created by to laedkp or unloading
awed,
(b) the eude4hce of bob, uninstalled equipment or abandoned or
unused therWa or.
(c) operations for which the classification stood in the policy or In
to crnptays maid apse" "including completed
wwobor
"eMvaler•' means any hoisting or lowering device to conned fiod�
or landings, whWar or not in service, and all appliances there d ir-
dudIng any car, platform, shit hcstway, stairway, runway, power
for equ t and roadmirmery, a ny hydrsulic « rrmechnicai bout
era" or lowrinyy automobiWe 1« lubrice ing and ser-
vicing or for du materiel ham trucks; but dose not Include n
ewdOrin0011e hoist, or a hoist without a platform outside a
building if without mechanical power or if not attached to building
walls, or a had or mawtal hoist used in alteration, construction or
demolition operations, or an inclined conveyor used exclusively for
carrying property or a dumbwaiter used exclusively for carrying
property and having a comportment height not exceeding four feat
"eapfeabn hasaW Includes p opMy damage arising out d
Weetlrhp «explosion. Tor espbebn haaM does not include
property damage (1) rising out of the explosion of W or steam
veseals, piping under pressure, prime movers, machinery or power
tranomhfing equipment or (2) arising at of operations performed
for the maned Insured by trKlopendent contractors, « (3) included
erYhn tle conpmed epraalaes hoard or too wdergfaa/
property dump hassas, or (e) for w idd Ilabtly b aerrttaa by
AQ40M
the Insured under an InOlaaMal contract;
"Incidental cordrod" means any written (1) lease of promises. (2)
amamant agreement except in connection with omWucdw or
demolition operations on or adjacent to a railroad, (U undrbldnfl b
uxlernniy, a municipality required by municipal ordinance, except
in connection with work for the municipality. NI oldstrack
agreement or (5) eMsatcr moinanenoe agresnhmC
"Insured" means any Person or organdadon qualifying as an In-
sured In to "Persons Insured" provision of the applicable In-
surrice coverage. The insurance afforded applies rlprataly to
each Insured against whom claim is made or sufi Is brought except
with respect to the lends of the canpagh liability;
"mobile equlpeaet" means 0 land vehicle (Including nY
machinery or apparatus stteohed thereto). whether « not
ee1F
prcpallad, (1) root sub)w b mold vehicle registration. or (2) mid►
tained for use exclusively on promises owned by or at to the
farad Incased, Including t a ways Immodietaly adjolinkg, or (3)
designed for use principally cif pudic roads, or (4 ) designed or
maintained for the ode purpose of affording mobility to equipment of
to bllaving types Ironing an integral part d or permanently at-
leaned to such vehicle: power cranes, sh cawsK loadrs, diggers end
drills, concrete mixers (dhr than the mix- krCrhW "); gQrr"
wcrepers, rollers end other road construction or rapid equlpmem;
rrconprer«s., purtpe
and prwaforo. wwksdirng spry^
sucking aid buikt cl*w g equf Mn0MM and gsop "cidf �
plorstion and well servicing equlpnhwn;
"nrned I e trod" mane the person or organization named in ham
1, d too dodratimo d thb poky:
-'named Ifie~s products" mans goods or products manufac-
tured, add. handled or distributed by the norned Israred or by
others trading under his nerve, Including any container do
(other than a vehicle), but "armed hunred's products" shell not
Muds a vending machine or arty property diver then such oaf►
toiner, reed to or located for use d others but not odd;
"occurn ee' mere on accident Including odronuous or
repassed exposure to omdltiam, which rseulle In bow Irafy or
praprly damage neither expected nor I la ded tam to stand-
point of the leered; .
"parley brttoy mans:
(1) the United Stoma of Anwloa Its terrfforlea or porerlorW or
Canada, or
(2) International welere or air apace, provided the bodly Injury or
property a roan not occur In tint ccuros d it" «
y country, state or nation; or
(3) anywhere in do world with rasped b damages because d
badly Injury or property damage rlairp out of a product
which was add f« use or consumption within to territory
described In paragraph (1) above, provided lent original suit b
such dsmeges Is brought within such Willory;
"products hazard" includes badly njuuryry rod properly damage
ruing out d too rowed I sured's prodacla or reliance upon a
representation made at any Was with rasped tw
but nI if the �b dameas ay from
premises awned by or no to the reeled Insured rd char
physical possession of such products has barer relinquished to
others;
"property damage" means (l) physical Injury p or destruction of
tangible property which occurs during the policy prod, koluding
the ices of use thereof at any tine resulting theiGhts , or (2) loss of
use of tangible propery, which has not been pllrelcally Injured or
destroyed provided such loss of use aiwwoocvrrome
during the policy period;
rWrgrouM propaMy daage hoard" Includeese underground
as pr� � at any timed rterolew npad m n. lAderpbroh a
property damage' means Prop" 8MUW b sutras, Cnduts.
pipes, mats, sewers, tanks, tunnels, any simdlr prapuy, and any
apparatus in connection therewith, beneath to surface of to
�fnedaniccal water, for the Mhe pu Pose of y�pridinduring , p0*1�0. ex-
cavating.
drilling, borrowing, tiling, back- ling «pile driving The
aardergrorrd property damage hazard dose not Muds properly
damage 0) sinngQ out of operations Plow. d for loo naiad I.
cared by indepetont contreclors, or (2) Included within the cow
ptstsd eprMkra hou and, or (g for wldn Hole r Is amounted by
to Inarlrad user an IaYaatN earaaal.
Al" AdrFAM
;pceofel t -n p11M1�NO.g9
AUTOMOBILE ENDORSEMENT
0 0
ADDITIONAL INTERESTS
It is agreed that the policy covers CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AND ROBERT BEIN, WILLIAM FROST AND ASSOCIATES, THEIR OFFICERS
AND EMPLOYEES, 3300 W. NEWPORT BLVD., NEWPORT BEACH, CA 92663
(Name) ( Address)
as a "person or organization" Insured under the PERSONS INSURED provision in Part I of the policy, and that notice of any
cancellation by the Company shall also be mailed to such person or organization.
PROJECT:
WEST COAST HIGHWAY IMPROVEMENTS, CONTRACT NO. 2062, AHFP 1010
This endorsement forme a pert of the pollay to Which attached, effective from Its date of Issue unless otherwise stated herein.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy)
Endorsement effective 3/24/80 Policy No. 86FJ42686CCA Endorsement No. 14
Named Insured FLEMING ENGINEERING, INC.
FRIIS & COMPANY, INC.
.111AMF-AND 'ADDRESS OF AGENCY
or other document with respect to which this certificate may be issued or may
Is and conditions of such poticies.
subject to
COMPANIES
AFFORDING COVEPAGES
Limits of Liabill y in Thousands (000)
ICOMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION CATE
P.O. Wx�nm
Itwetw*1 CA M16
COMPANY
LETTER
A
AETNA CASV"TY & SURETY
COMPANY
B
Mt 7144V41M
OCCURRENCE
LETTER
HIGHLANDS INSURANCE COMPANY
NAME AND ADDRESS OF INSURED
COMPANY
C
FLEMING ENGIMERmt INC.
LETTER
:F]COMPREHENSIVE FORM
86GL59719CCA
13909 AR*RSIA BLVD.
BODILY I�IJURY
s
Soo
5111110
CzEErTos CA 90701
COMPANY
LETTER
D
0,
COMPANY
LETTER
E
issunD rm F"OUR COUNTERPARTS
41 PREMISES—OPERATIONS
or other document with respect to which this certificate may be issued or may
Is and conditions of such poticies.
subject to
DESCRIPTION OF OPERATIONS4_0CATtONSIVEIRUCLES
WEST COAST HIGHWAY IMPROVEKENTSo CONTRACT NO. 2062p.AHFP 1010
ADDITIONAL INSURED ENDORSEMENT ATTACHED r BROAD FORM G/L COVERAGE PART ATTCH.
SEVERABILITY OF INTEREST CLAUSE ATTCH.r PRIMARY AND NON-CONTRIBUTING END-
T=
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com-
pany will l[KMX= mail _4Q� days written notice to the below named certificate holder, XXINUMM
I RIESPECI TO WHICH TH
Rn%"M_18_ WSUEA THE INSURANCE AFFORDED BY THE POLICIES LISTED ON THE (915"ATE IS MaACT TO ALL THE TERUS NO;
NAME AND ADDRESS OF CERTIFICATE HOLDER
CITY OF NRVPORT BEACH
3300 W. NEWPORT BLVD.
NEWPORT BrAm, CA 92663
-ACORD25
DATE ISSUED: MARGIR '26, 1990
FRIIS & JCOMPjWY0 Inc.
AUTHORIZED REPRESENTATIVE
dd
Limits of Liabill y in Thousands (000)
ICOMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION CATE
EACH
AGGREGATE
� tl
OCCURRENCE
GENERAL LIABILITY
•
:F]COMPREHENSIVE FORM
86GL59719CCA
6/30/80
BODILY I�IJURY
s
Soo
5111110
41 PREMISES—OPERATIONS
PROPERTY-DAMAGE.
$
250
500
EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD
KI PRODUCTS/COMPLETED
OPERATIONS HAZARD
z71
BODILY INJURY AND
CONTRACTUAL INSURANCE
PROPERTY DAMAGE
S
$
KI BROAD FORM PROPERTY
COMBINED
DAMAGE
91
INDEPENDENT CONTRACTORS
PERSONAL INJURY
500
KI PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILYINJURY
•
;U
86PJ42686CCA
6/30/80
(EACH PERSON)
COMPREHENSIVE FORM
U
BODILY INJURY
(EACH ACCIDENT)
OWNED
PROPERTY DAMAGE
91 HIRED
BODILY INJURY AND
U
NON OWNE D
PROPERTYMAMAGE
so 11
,
COmBINEO
EXCESS LIABILITY
B
UMBRELLA FOR.
X9205363
6/30/80
BODILY INJURY AND
$
PROPERTY,CAMAGE
OTHER THAN UMBRELLA
COMBINED
ii,000
1 1,000
FORM
11 ,
WORKERS'COMPENSATION
STATUTORY
A
and
86CK956046
6/30/80
EMPLOYERS'LIABILITY
2#000
NOISOME
OTHER
DESCRIPTION OF OPERATIONS4_0CATtONSIVEIRUCLES
WEST COAST HIGHWAY IMPROVEKENTSo CONTRACT NO. 2062p.AHFP 1010
ADDITIONAL INSURED ENDORSEMENT ATTACHED r BROAD FORM G/L COVERAGE PART ATTCH.
SEVERABILITY OF INTEREST CLAUSE ATTCH.r PRIMARY AND NON-CONTRIBUTING END-
T=
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com-
pany will l[KMX= mail _4Q� days written notice to the below named certificate holder, XXINUMM
I RIESPECI TO WHICH TH
Rn%"M_18_ WSUEA THE INSURANCE AFFORDED BY THE POLICIES LISTED ON THE (915"ATE IS MaACT TO ALL THE TERUS NO;
NAME AND ADDRESS OF CERTIFICATE HOLDER
CITY OF NRVPORT BEACH
3300 W. NEWPORT BLVD.
NEWPORT BrAm, CA 92663
-ACORD25
DATE ISSUED: MARGIR '26, 1990
FRIIS & JCOMPjWY0 Inc.
AUTHORIZED REPRESENTATIVE
dd
This endorsement modifies such insurance as is afforded by the provisions of the policy
relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE
ADDITIONAL INSURED
(Owners or Lessees)
G 115
It is agreed that:
1. The "Persons Insured" provision is amended to include as an Insured the person or organization named below but only with
respect to liability arising out of operations performed for such insured by or on behalf of the named Insured.
2. The applicable limit of the company's liability for the insurance afforded under the Contractual Liability Insurance Coverage
Part forming a pan of this policy shall be reduced by any amount paid as damages under this endorsement in behalf of the person
or organization named below.
Name of Person or Organization
(Additional Insured)
CITY OF NEWPORT BEACH, COUNN OF ORANGE,
STATE OF CALIFORNIA AND ROBERT BEIN,
WILLIAM FROST AND ASSOCIATES, THEIR OFFICERS AND
EMPLOYEES
PROJECT:
WEST COAST HIGHWAY IMPROVEMENTS, CONTRACT NO. 2062, AHFP 1010
This endorsement, issued by one of the below named companies, forms a part of the policy to which attached, effective on the in-
ception date of the policy unless otherwise stated herein.
(The Information below Is required onty when this endorsement Is Issued subsequent to preparation of policy.)
Endorsement effective 3/24/60 Policy No. 86GL59719CCA Endorsement No. 21
Named Insured FLEMING ENGINEERING, INC.
Additional Premium $ TBD Return Premium $
The /Etna Casualty and Surety Company
Tlhe Standard Fire Insurance Company
Hartford, Connecticut
FRIIS & COMPANY, INC.
Countersigned by Rv • td 1'�6 ,e — eL26 xiw
c&&.u.d Fww ta.ei dd 3/26
CP*C CAT. VOW
.(CC-UM 1 -73 PRIMED fN U-SA
9
SOLELY AS RESPECTS WORK DONE BY AND ON BEHALF OF THE NAMED
INSURED FOR THE CITY OF NEWPORT BEACH, IT IS AGREED THAT
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AND ROBERT REIN, WILLIAM FROST AND ASSOCIATES,
THEIR OFFICERS AND EMPLOYEES ARE ADDED AS AN ADDITIONAL
INSURED UNDER THIS POLICY AND THE COVERAGE PROVIDED HEREUNC
SHALL BE PRIMARY INSURANCE AND NOT CONTRIBUTING.WITH ANY
OTHER INSURANCE AVAILABLE TO THE CITY OF NEWPORT BEACH,
CALIFORNIA, UNDER ANY OTHER THIRD PARTY LIABILITY POLICY.
IT IS FURTHER AGREED THAT THE OTHER INSURANCE CONDITIONS
OF THIS POLICY ARE AMENDED TO CONFORM THEREWITH.
THE COMPANY AGREES TO GIVE 30 DAY WRITTEN NOTICE BY REGISTERED
OR CERTIFIED MAIL TO THE CITY OF NEWPORT BEACH PRIOR TO
CANCELLATION, MATERIAL CHANGES OR NON — RENEWAL.
ADDITIONAL INSURED: CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA AND ROBERT BEIN, WILLIAM FROST AND
ASSOCIATES, THEIR OFFICERS AND EMPLOYEES. AS PER G115 ATTACHED.
PROTECT: WEST COAST HIGHWAY IMPROVEMENTS, CONTRACT NO. 2062,
AHFP 1 T1
This endorsement, issued by one of the below named companies, forms a part of the policy to which attached, effective on the inception dare of the
policy unless otherwise stated herein.
(T& wfpwi briar it refaw d sely who tbit radratsttat it amd reitgsest to "wame of Palsy.)
SadonemmteB «dve 3/24/80 PolkyNo. 86G1L59719CCA Endorsement No. 21A
N.mrdlosured FLEMING ENGINEERING, INC.
Atlditional Premium i TBD Return Premium $ BI PD
In Advance b $
1st Anniv. $ t
2nd Anniv. $ $
The Atne Casualty and Surety Company
The Standard Fire Insurance Company FRIIS & COMPANY, INC.
Heitfotd: Connecticut �+xn�rfrwert) @y
1 0222
(Ed. 7.76)
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following irdarmation is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective Policy No. Endorsement No.
Named Insured
Countersigned by
,1 (Authorised Reprose d")
Thb,adorsemest modlies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MAO FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT
SchedeN
Personal Injury and Advertising Injury Liability •"
•, . i,Wq dt Limit shelf ¢g j _ pi y£currenct bodily injury liability limit unless otherwise indicated Aaein: ,.
Limit of liability i e e AW%ds.
"' LhaB lability— Premises Medial Payments Coverage: $1,000 each person unities otherwise indicated kilroin:
g eeeh person.
Limit d Labilib- iie kaA.Liability Coverage: $5UN per occurrence unless otherwise indicated haraia:
S per occurrence.
m % of the Total Comprehensive General Liability S
P..
Bodily Injury Property NWW Premium as
Mteed
YINI4H1M PREMIUM S �S*
L .CRMT3TR cam (lM UTY (AVERAGE
(A) The definition of incidardal contract is extended to include any
cantrold or ar went reldiag to the conduct of the owed bw ow.1
hueioaa .,
(B) The insurance afforded with respect to liability assumed under an
Incidental contract is subject to the following additionit exclusions:
h..,., (1) to ber iy Mjwy or proody damage for which the insured lies
assumed liability under any incidental eontracL if such injury or
nA occurred prior to the execution of the incidental contract;
(2) U the insured is an architect, engineer or surveyor, to badly
1 or Property damage arising out of the rendering of or the
1 re'ta render professional services by such insured, kicludi%
(a) tM preparation or approval of maps, drawlnas, opinions,
reports, surveys, change orders, designs or spectillons, and
(b) supervisory, Inspection or engineering services;
(3) if the indemnit4p of the insured is an architect, engineer or
surveyor, to the liability of the indemniles, his agbots or employees,
arising out of
(a) the preparation or approval of or the failure to prepare or
Awe" maps, diewwnnggss, opinions, reports, surveys, change or-
AM designs at specifications. or
Up; (Ed. 7 -76)
(b) the giving of or the failure to give directions or instructions
by the indemnitee, his agents a ernp)eyeps,�ovided such giv-
ing or failure to give is the primary clop lid be* Mjluy
or Moody allow
(4) to any obligation for which the lowered may be held liable in an
action on a contract by a third party for modify injury
or properly damp arising out of a pW for a public authority;
but this exclusion does not apply to an actil r by the public authori-
ty or any other person or organisation engaged in the project;
(5) to bodily hickory or property damage arising out of operations,
anthwn 50 feet of any railroad property, affoong any railroad bridge
or trestle, tracks, road beds, tunnel, underppa or ereoswng; but this
exclusion don not apply to sidetrack W*11 unto
(C) The following exclusions applicable to Comp"a A (Bodily Iryury)
and 8 (Property Damage) do not apply to � CewiraetuM =. =.-I ft
Coverage: (b), (c) (2), (d) and (e).
(D) The following additional condition appo&.. ,
Arbitration
The company shell be entitled to exercise all of the iowed's rights
in the choice of arbitrators led in floe codud.al am arbitration
proaoducir
fi;.
Pep1Y6
-I rL dENERAt•ROVISIONS X0-00-07
�I r11 FOR LIABILITY POLICIES
DEFINITIONS
Wbw used In We policy (Including endorsements t«mino a part
hereof):
automoblW' mum a lend motor vehicle, trailer or semi4reiler
designed for travel an pudic roads, (including any machinery or hp-
pratos attached thereto), but does not include mobile equipment;
"bodily Injury' means bodily Injury, sickness or disease sustained
by any person which occurs during the policy period, including
death at any dme resulting therefrom;
"collapse hassrd"priinpcllurtdyes •"ssttrruuectural property damage" as
defined time resuhidng tMrahcm. "Sh'uclural prop" damage" " moms the
collapse of or structural injury to any building or structure due to (1)
grading d lend, excavating. Dorrawing, filling, back. ling, tun-
neling, �nderpinnln� p�dertolition d any buil�inor
structure or removal «rebuilding of any structural support tiered.
The coMspse hazard does not include property damage (1)
arising out of operations performed for the named Insured by in-
dependent cmtrectars, or (2) Included within the completed
1 sad, « (3 o which liability Msa••umd by trhoperty
Neuredd under
an lmklw tai era tract;
"completed operallna hazaN" Includes bodf y Injury and
properly dams" rising out d operations or reliance upon a
reprase matim or warranty nude at any time with rasped thresh,
but only if to bodily, Injury or prop" dame" occurs after such
Operations her been oanploMd or abandoned and ooeurs away
from premMse awned by or rend to the named Metred.
"Operations" nnection therewith. Operations Nall be dsmM toanpWW al ale
contest of the following fimes:
(1) when all Operations to be performed by or on behalf of the
named bowed under the contract have ben ccmpWK
(2) when all operation to be performed by or on behalf of the
need Insured at the site of the Operations have bean calm-
~. OF
(3) when the portion dale work Out of which the Injury or damage
rises has ben put to its intended use by any person or
organization offer then rhdher ohntrecor or subcontractor
engaged In performing operations for a principal se a pan of
to own* project
Operations which may require further service or maintenrhos work
or correction, repair or replacement because of any dated or
deficiency, but which are otherwise complete, shall be dsenhd
oompletd.
The comhpMSd oparaWm hazard doss not include bodily Injury
« property damage rising Out d
(U operations
esas ft bodily ledtry rproperty transportation whelle W o property,
condition In or an a vehicle «weld by the loading or unloading
tered,
(b) the exbernos of tools. unlnsWied equipment or abrhdored or
unused malerlats, or.
(c) operations for which to da•siffctl4on stated in to policy or In
to company's manual specifies "Including oanpleted
operations' ;
"W w&W' means any hoisting or lowering device to canned floors
or landings, whether or not in service, and all applianoes threat irv-
eluding any car, ptatlorm, shalt hoissway, stairway, runway, power
equipmhnI and madhlnarY, or any hydraulic or mechanical hoist
WWded
for raising or loweringQ automobile• for lubricating and ser-
vicing « for du malarisi from trucks; but dose not Include an
atdemebW ervfd hoist or a hoist without a platform Outside a
building if without mechanical power or if not anerhed to building
wells, or a hod or material hoist used in alteration, oonstruettan or
demolition operations, or an inclined conveyor used exclusively for
carrying property or a dumbwaiter used exclusively for car ng
properly and having s campareenntrot pphssrpM not exceeding four //ssaatt
EMEM lon. The zploNah�herard�doasr nod IncluG (1) rieln p out d the expaefon d alr r steam er pressure, panc movere, menInry «power ment « (2) risitg out d Operations performad nred by Indeprdeat Cantrahthre. «(31 inclhxled
wwtim to oampMesd -- - ---oma hsa d or to wdrgroad
PespNV dame" f1wesN, or (4) b which IMbtty M aaahrrhed W
the Insured under an Incidental eontreoll
"Incidental contrecl" means any written (Ij Isew of prrdees, (2)
aaaement agreement. •xo•Pt in Crmedion with ooratrudtion or
demolition operations on or adjacent to a railroad, (3) undertaking to
mdernnify, a municipality required by municipal except
in connection with work for the munkipYlly. (4) Warsok
agreement or (5) elevator maintenance agreement,
"I cured" meens any person or organization qualifying as an In-
sured In the 'Persons Insured" provision of the applicable In-
surance cwwage. The insurance afforded • OWS seperaWy to
each insured against wham claim is made or suit M Draught except
with respect to the limits of the crnpany'e Ilebitffy:
•'moMls equipnenY' means a land vehicle (Indudirp any
machinery or apparatus attached attached thereto), whether or not w&
propelled. (1) not exxclusively on promiases ownedbbyra renf(i�d to the
awned Insured, Including the ways MrayaMMY OdOnma or (3)
designed for we principally cif public rode, or (4) designed or
maintained for the solo purpose of affording mobility to equipment of
the following types forming on Integral pat of or permremly at-
teshed to such vehicle: power crease, shovels, Wedge, diggse and
drills, concrete mbee a (dhr than the mix -h4rwM yqU; graders.
scrapers, rakers and offer red construction or repair squiprnrd;
air-onpressora, and grmhenaaont, ihdudYp preys
W"no and Ouilabhg deardng equlpnwd; and (�wPhy W ski.
pioretlan and well servicing equipment
"mined M• wed" moon the person or orgnireUon need In IMm
1, d the dedrdone d thU poky;
'•nand Inwred'e products" means goods or products manufac-
tured, add. handled or distributed by the ne e l Inhet or by
others trading under his name, including any oaudrer thered
(other than a vehicle), but "named Inraed•e products" earl not
Include a vcling machine or any prop" other than such can.
Wainer, rented to or kxabd for use of OMM old and add;
"occurrence" means an accident iadudip mretnuae or
repeated exposure to corwftm, which resuifa In badly Injury or
property damage neither expected nor idrhded Pram tai ohm&
poke of the Mired; .
"poll ey terrllay moans:
(1) Sate• d Amw" IM tonoi or pomm$WW r �� «
(2) International waters or air space, provided the bodily Injury or
property damage time not occur In the cruse d travel or
trarawtallon to or from any oter country, elate or nation; or
(0) anywhere In tai world with rasped to damages because of
b•a i property d mwage
which win add « consumption within " Yrr y
described In paragraph (1) above, provided the original suit for
such damages M brought within such W,Wy;
••produx is hazard" Includes boozy Mxjury end property damage
ruing out d the named Idrreel's P►sa•tte or reliance upon a
representation or Warranty made at any time with respect dwelh,
but only if to badly qury or property dwasip occurs wvay from
premMes owned by r r to the nwrted YMtned and after
physical possession d such products hr baps relinquished to
others;
"property damage" news (1) physical Injury jo or destruction of
tangible properly which occurs during the pdiFy period, Including
the lose of use thereof at any time resulting 0 mob onn, or (2) tees d
use of tangible property which halt not �fy Injured r
d
destroyed provided such lase use M a=,. tp
during the policy period:
pr as property der sep isitad" includes �unde round
other properly at any lima resuldnyy �. "U dxgm d
property damage" mean properly damage to wise, conduits,
pipes, mains, servers, tanks, tunnels, any rvnili r property, and any
apparatus In correction therewith. bemath the surface of to
ground or water, caused W and occurring during to use d
mechanical equipment for the In os*cmr laa4 ex
cavallng. drilling, underground ProPral dnMgs hazard doesnot Indude efewly
damage (1) rising out of operations piefor, for M named M►
sured bI ihdeperiden cantrador" or (2) Included within the nor► for which the Noo NNNllorw mde hw�N sell, ly M esramd by
400411121 1.1s jhlr/11se N osA
AUTOMOBILE ENDORSEMENT
ADDITIONAL INTERESTS
It is agreed that the policy covers CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AND ROBERT BEIN, WILLIAM FROST AND ASSOCIATES, THEIR OFFICERS
AND EMPLOYEES, 3300 W. NEWPORT BLVD., NEWPORT BEACH, CA 92663
as a "person or organization" Insured under the PERSONS INSURED provision in Pan I of the policy. and that notice of any
cancellation by the Company shall also be mailed to such person or organization.
PROJECT:
WEST COAST HIGHWAY IMPROVEMENTS, CONTRACT NO. 2062, AHFP 1010
This endorsement forms a part of the policy to which attached, effective from its date of issue unless otherwise stated herein.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy)
Endorsement effective 3/24/80 Policy No. 86FJ42686CCA Endorsement No. 14
Named Insured FLEMING ENGINEERING, INC.
FRIIS 6 COMPANY, INC.
BYs 4 &4 1 /_�: �r
FLEMING ENGINEERING, INC.
BALANCE SHEET
June 30, 1979
(UNAUDITED)
.ASSETS
$ ;124270
$ 968,416
� CURRENT
ASSETS `.
M'�Yb1yYi.M B
} P w
-
".
,wt
(Note `
Cash 2) ., .
s t`ACCOUnts-
Receivable - Trade, (Notes 1 E 3)
Billed' '
s Retentions
.520
Less Allowance for Doubtful Accounts
x
Refundable�Income Taxes
s
Loan Receivable (Note 4) '
Prepaid *Expenses (Note 5)
3 445
116,465
Total Current Assets
1
62,929
`
EQUIPMENT, AT C.,OST (NOTE 1):
r`
Transportation.Equipment. .
Construction Equipment
Office Equipment '
Less Accumulated Depreciation
Y4
Net Equipment
Total 'Assets '
k
t .
f
$ ;124270
$ 968,416
233,634
1,202,050
'
(15,000)'`.
1- ,187,050
.
.1..500 .,
.520
•
1,335,t15
t
69,018 ,. .
43,942
3 445
116,465
53,476 .
62,929
`
51;398,044
FLEMING ENGINEERING, INC.
'
BALANCE SHEET
"June 30, 1979
(UNAUDITED) ..
LIABILITIES AND STOCKHOLDER'S EQUITY
u
;CURRENT LIABiLiT1ES:,
s
9 4
..
T
1 •�ti
s <.t
.. _
Accounts Payable Trade (Note 6) :"
28t 740 .
$ ,
Project: Receivable Billed in Advance
(Notes 1,& 7)
41,176.
a
Accrued Payroll and Related Expenses
44,768
-Deferred Payable (NoEe..,1)
410,436
Total Liabilities
" 778,120"
CONTINGEIiT LIABIL1TlE5 (NOTE' 9)
'.,
STOCKHOLDER'S EQUITY:
d.
Common Stock:(Note 8) :. $ 10,000.
i �,
'Retained.,.Earnings 609,9 24.
#
Total Stockholder's Equity
619,924
q. x .
Total Liabilities Stockholder's Equity: :'
$1 3
,.
-and
r
t
The Accompanying Notes are
an Integral Part of these
Financial Statements
-5-
i
FLEMING ENGINEERING, INC.
=t
NT OF EARNINGS AND RETAINED
!STATEMENT
EARNINGS -
Year Ended June 30, 1979
(UNAUDITED)
;EARNED
'CONTRACT REVENUE
$7,182,045
r
OST OF EARNED `.CONTRACT REVENUE:
Subcontract $1,076,271
Rental (Note 10)
2,016,362.
,Equipment
Material;:
1,740,200
r
Labor
960,400
'
Payroll Taxes and Union Benefits
392,565
a a ��': Fig , _'; a _, EquipmenE Repai :r,: Fuel and Oil . -_. -
70,908 =:;,
Depreciation
25,211
Workers ''.Compensation and General
w
Liability Insurance
194 162 '
,
_
Y
Estimating
54,750
zn t *..:'`
F
Bondin s
29,338,
Other- '
130 , 827 .
Total Cost of Earned Contract Revenue
b
•
v
GROSS. PROFIT ;
491,051
GENERAL AND ADMINISTRATIVE EXPENSES:
Officer'ts Salaries
144,500
office Salaries :
59,088-
'
Rent `. :. ,,
6,620
Taxes and Licenses
3.085
r
'Business Promotion
7,768
Telephone and Utilities
8,031
Office Supplies
11,743
i
Professional Services
37,023
Employee Insurance.
'Debtsi
6,124_
4,000
Bad
':Other
8,109
sa
Total General and Administrative
Expenses
2 091 =
OPERATING EARNINGS
194,960
OTHBfi INCOME
EAaf {iii60 BE-- RE 114COME TAXES
198,529
fNbdMt TAXES .(NOTE 1)
50,410
NET EARNINGS '.
148,119
RETAINED EARNINGS, JUNE 30, 1978
461,805
`
RETAINED EARNINGS,; JUNE 30, 1979
$ 609,924
The Accompanying Notes are
an Integral Part of these
i
Financial Statements
-6-
L
OUNTYOF%DRANGE
�ONMENTALMANAGEMENT AGENCY
ORANGE COUNTY FLOOD CONTROL DISTRICT
ORANGE COUNTY ROADS
0
ROAD & FLOOD CONTROL PROGRAMS
WILLIAM L. ZAUN, MANAGER
400 CIVIC CENTER DR. WEST
P.O. BOX 4046
SANTA ANA, CA. 92701
(714) 634 -3467
March 26, 1980
� � C04
Mr. B. B. Nolan U0 /
Director of Public Works h
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
SUBJECT: AHFP Agreement No. 1010, West Coast Highway
Dear Mr. Nolan:
H.G. OSBORNE
DIRECTOR
C.R. NELSON
ASSISTANT DIRECTOR
DEVELOPMENT
FILE AHFP No. 1010
'7 V
Lad-
Transmitted herewith is one fully executed copy of the above - referenced
AHFP agreement between the City of Newport Beach and the County of Orange.
Also attached is one copy of Board of Supervisors minute order authorizing
County's execution of the agreement.
Very truly yours,
W. L. Zaun, ager
GWS:hg
Attachments
offl
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
February 26, 1980
IN RE: ADMINISTRATION AGREEMENT ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT NO. 1010 WEST COAST HIGHWAY
CITY OF NEWPORT BEACH
On motion of Supervisor Riley, duly seconded and unanimously
carried, the Clerk of the Board, on behalf of the Board of Supervisors,
is authorized to execute the Arterial Highway Financing Program Project
Administration Agreement, dated February 26, 1980, between the County of
Orange and the City of Newport Beach, for construction of West Coast
Highway from 57th Street to Balboa Boulevard, Project No. 1010.
IN RE: ADMINISTRATION AGREEMENT ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT NO. 1007 SAN JOAQUIN HILLS ROAD /JAMBOREE ROAD
CITY OF NEWPORT BEACH
On motion of Supervisor Riley, duly seconded and unanimously
carried, the Clerk of the Board, on behalf of the Board of Supervisors,
is authorized to execute the Arterial Highway Financing Program Project
Administration Agreement, dated February 26, 1980, between the County of
Orange and the City of Newport Beach, for construction of San Joaquin
Hills Road and Jamboree Road intersection, free right turn lane, Project
No. 1007.
FEB 2 a 1980
E. M, A.
®F1013 -2.3 (12/76)
�i CITY CF ^ rirV7-R.T BEACH
93'Jf! Pd� "IPORT ROULEVARO
1 ( NEWPORT BEACH, CALIF. 92663 COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
2i PROJECT ADMINISTRATION AGREEMENT
3 j PROJECT 111010 MEMORANDUM OF AGREEMENT entered into
this a(� dj day of ,
4 WEST COAST HIGHWAY 19 Re,_ by and between:
FROM 57TH STREET TO
5 BALBOA BOULEVARD CITY OF NEWPORT BEACH, a municipal
6 corporation, hereinafter referred to
as the City, and
7 COUNTY OF ORANGE, a political subdivision
8 of the State of California, hereinafter
referred to as the County.
9 WITNESSETH:
10 WHEREAS, the Board of Supervisors by Resolution of May 31, 1956 adopted
11 the Master Plan of Arterial Highways to serve the entire County including the
12 incorporated cities thereof; and
13 WHEREAS, Articles 2 and 3 of Chapter 9, Division 2, commencing with
14 Section 1680 of the Streets and Highways Code authorize a county, if it so
15 desires, to expend funds apportioned to it out of the California Highway Users
16 Tax Funds for aid to cities and in the improvement, construction, or repair
17 of streets within a city; and
18 WHEREAS, the Orange County Board of Supervisors and the Orange County
19 Division of the League of California Cities have agreed upon a cooperative
20 financial program for the establishment, construction, and maintenance of a
21 County Arterial Highway System known as the Arterial Highway Financing Program;
22 and
23 WHEREAS, the Board of Supervisors has, by appropriate action, provided
24 in the budget of the Special Road Improvement Fund for the Fiscal Year 1979 -80
25 funds for the improvement of streets within the incorporated cities of the County,
26 which streets are a part of the County's Master Plan of Arterial Highways; and
27 WHEREAS, the Board of Supervisors on November 5, 1958 has by formal
28 resolution adopted the formal procedure for the administration of the Arterial
-1-
I Highway Financing Program, as revised, which procedure is outlined in a document
2 on file with the County Clerk, formally known as the County of Orange Arterial
3 Highway Financing Program Procedure Manual; and
4 WHEREAS, it is mutually agreed between the parties that West Coast
5 Highway between 57th Street and Balboa Boulevard, a street included in the
6 the Orange County Master Plan of Arterial Highways, is a street of general
7 County interest and should be improved in accordance with the policies of the
8 Arterial Highway Financing Program. Said work of such improvement shall be
9 referred to hereinafter as the Project; and
10 WHEREAS, the City as Lead Agency, has completed the environmental assess -
11 ments as required by the California Environmental Quality Act of 1970 by approving
12 a Categorical Exemption for the Project, a copy of which is on file with the
13 County; and
14 WHEREAS, the City has filed the Notice of Determination with the Clerk
15 of the Board of Supervisors of the County; and
16 WHEREAS, no additional environmental documents are required for compliance
17 with the California Environmental Quality Act; and
18 WHEREAS, the City has reviewed Project for conformance with the require
19 ments of Section 65402 of the California Government Code and applicable local
20 ordinances and City has acted as required.
21 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
22 1. The procedures outlined in the Arterial Highway Financing Program (AHFP)
23 Procedure Manual herein referred to shall be made a part of this agreement.
24 2. The Contracting Authority for the Project is hereby designated as
25 the City.
26 3. The Project Engineer for the Project is hereby designated as the City.
27 4. The Construction Engineer for the Project is hereby designated as
28 the City.
—2—
1'.
2'',
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0
5. All soils engineering and material and construction testing neces-
sary for the Project shall be performed by the County. This shall include pre-
liminary soils investigations, structure foundation investigations, recommenda-
tions for structural sections and compaction requirements, and quality control
of materials and construction.
6. The work shall be subject at all times to inspection by the author-
ized representatives of both parties.
7. Funds to be used for the Project:
(a) The estimated cost of the Project covered by this agreement is:
DESIGN ENGINEERING: $ 10,000
CONSTRUCTION CONTRACT: 150,000
CONSTRUCTION ENGINEERING: 15,000
TOTAL: $ 175,000
(b) On the basis of the above estimate, this Project will be financed
as follows:
COUNTY FUNDS: $ 87,500
CITY FUNDS: 87,500
TOTAL: $ 175,000
(c) If upon completion of detailed design, it appears that the
Project estimate will exceed the original allocation by more than 15 %, the Con-
tracting Authority shall request the City Council and Board of Supervisors for
additional funds. The City Council and the Board of Supervisors shall adopt
resolutions allocating the additional funds prior to advertising for bids.
The request for additional allocations shall follow the procedures as set
forth in the AUFP Procedure Manual.
(d) Final adjustments of Project costs will be made on the basis
of the County fifty percent (50Y), the City fifty percent (50%) on eligible
items in the Contract.
-3-
0
j (e) Final adjustments of project storm drain costs will be made
2 on the basis of matching funds up to a maximum of fifty percent (50 %) of the total
3 cost of eligible items; that is, County participation shall not exceed a maximum
4 of twenty -five percent (25 %) of the total cost of eligible storm drain construction.
5 (f) It is the intent of the parties hereto to comply with all
6 applicable rules regarding the expenditure of State Gas Tax Funds. Eligibility of
7 any storm drain item will be subject to final audit and determination by the
8 State Controller's Office. Any future adjustment required by said Controller's
9 Office shall be made by the City with City funds, including complete refunds to
10 the County of any County gas tax funds declared by the Controller to have been
11 expended on ineligible construction.
12 (g) Any funds spent prior to July 1, 1977 shall not be considered
13 in the final accounting of this Project.
14 8. This agreement shall become null and void in the event the City
15 fails, for any reason, to advertise and award the contract for the Project prior
16 to June 30, 1981 and the City shall reimburse the County for any expenditures
17 incurred by the County in connection with said Project.
18 9. This agreement shall become null and void in the event that the City,
18 for any reason, advertises .project for bids prior to the granting of authorization
20 to advertise by County in accordance with the procedures set forth in the Arterial
21 Highway Financing Program Procedure Manual.
22 10. Upon acceptance of the completed AHFP Project by the awarding author -
23 ity or upon the contractor being relieved of the responsibility for maintaining
24 and protecting certain portions of the work, City shall maintain the Project
25 or such portions of the work in a manner satisfactory to County. If, within
26 ninety days after receipt of notice from County that the Project or any portion
27 thereof is not being properly maintained, City has not remedied the conditions
28 complained of to County's satisfaction, County may withhold the programming or
II -4-
1
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20.
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25
26
27
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approval of further AHFP projects of City until the Project shall have been put
in a condition of maintenance satisfactory to County. The maintenance referred
to herein shall include not only the preservation of the general physical
feature of the roadway, roadside, and surfacing, but also safety and regulatory
features, devices and appurtenances built into the Project.
11. County -wide extension of Arterial System:
To promote uniformity of County Arterial Highway System with City
Master Plan of Major Streets, both parties agree to continue the promulgation
of the AHFP as outlined in the aforementioned Procedure Manual.
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. That neither County nor any officer or employee thereof shall be re-
sponsible for any damage or liability occurring by reason of anything done or omitted
to be done by City under or in connection with any work, authority or jurisdiction
delegated to City under this agreement. It is also understood and agreed that,
pursuant to Government Code Section 895.4, City shall fully indemnify, defend and
hold County harmless from any liability imposed for injury (as defined by Govern-
ment Code Section 810.8), occurring by reason of anything done or omitted to be
done by City under or in connection with any work, authority or jurisdiction del-
egated to City under this agreement.
2. That neither City nor any officer or employee thereof shall be re -,
sponsible for any damage or liability occurring by reason of anything done or omit-
ted to be done by County under or in connection with any work, authority or juris-
diction not delegated to City under this agreement. It is also understood and
agreed that, pursuant, to Government Code Section 895.4, County shall fully indem-
nify, defend and hold City harmless from any liability imposed for injury (as de-
fined by Government Code Section 810.8), occurring by reason of anything done or
omitted to be done by County under or in connection with any work, authority or
-5-
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20
21
22
23
24
25
26
27
281
0
jurisdiction not delegated to City under this agreement.
IN WITNESS WHEREOF, City has caused this agreement to be executed by its
Mayor and attested by its Clerk, and County has caused this agreement to be executed
by the Chairman of its Board of Supervisors and attested by its Clerk on the dates
written opposite their signature, all thereunto duly authorized by the City Council
and the Board of Supervisors, respectively.
Dated: !A 19 ,YG
ATTEST:
City— cie;'&—
Dated: 196a
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE CAU4NTY, CALIFORNIA
Deputy QlO
GWS:dabA106(5)
CITY OF NEWPORT BEACH, a municipal
corporation
By V Z?/ I
mgor ' v
APPROVED AS TO FORM
Dar,;,
ci�i /��hT�e�N
COUNTY OF ORANGE, a political subdivision
of the State of California
By
Zhailrman, Poard of Supervisors
Date
--16e
{BAR 24 1980
gy the CITY COUNCIL
CCITY QP Y C N^�411�911'T YRACH
T0: CITOUNCIL
FROM: Public Works Department
•
March 24, 1980
CITY COUNCIL AGENDA
ITEM NO. H -2 (c)
SUBJECT: WEST COAST HIGHWAY IMPROVEMENTS (SOUTH SIDE) 57TH STREET TO BALBOA
BOULEVARD (C -2062)
RECOMMENDATION:
Adopt a resolution awarding Contract No. 2062 to Fleming Engineering
Inc. for $199,000 and authorizing the Mayor and the City Clerk to
execute the contract.
DISCUSSION:
Ten bids for this contract were opened at 2:30 P.M. on March 13, 1980:
Bidder
Amount
Fleming Engineering Inc., Cerritos
$199,000.00
Clarke Contracting Corp., Compton
$214,965.55
McGrew Construction Co. Inc., Anaheim
$217,662.95
Hardy & Harper Inc., Tustin
$231,782.11
Silveri & Ruiz Construction Co., Garden Grove
$233,369.70
Coxco, Inc., Orange
$233,909.00
Nobest, Inc., Westminster
$243,841.80
Griffith Company, Irvine
$252,999.01
T. J. Crosby Co. Inc., Santa Ana
$270,894.60
Sully- Miller Contracting Co., Orange
$297.917.00
The low bid was 4.3% more than the engineer's estimate of $190,500.
The difference between the estimate and the bid is due to higher asphalt con-
crete prices than anticipated. Based on prices currently being quoted on
other projects, the bid is reasonable, and it is recommended that the project
be awarded. Fleming Engineering Inc. has satisfactorily performed similar work
for the City in the past.
This project will provide ultimate improvements along the south side
of West Coast Highway between 57th Street and Balboa Boulevard (2000 lineal feet,
A.H.F.P. project) and between Newport Boulevard and 400 feet west of Newport
Boulevard. The project also provides for a concrete stairway at the northwest
corner of the Newport Channel bridge. The work involves A.C. shoulder pavement,
curb and gutter, grading, P.C.C. sidewalk -bike trail, curb inlets and 18 -inch
storm drain pipe.
• • ��
March 24, 1980
Subject: West Coast Highway Improvements (South Side) 57th Street to Balboa
Boulevard (C -2062)
Page 2
The construction cost breakdown for the project is as follows:
57th Street to Balboa Boulevard (A.H.F.P.)
(County Funds) $83,831.20
(City Funds)
Gas Tax 83,831.20
Water 3,000.00
Subtotal $170,662.40
Newport Boulevard to 400 Feet West Newport
Boulevard
(City Gas Tax Funds) 19,987.60
Newport Channel Bridge Stairway
(City Gas Tax Funds) 8,350.00
Total (Construction) $199,000.00
The following budget amendments are needed to complete the funding for the
project. (Funding totals include engineering costs as well as construction costs.)
Increase the County A.H.F.P. contribution account by $9,000.
2. Increase the Gas Tax Account by $42,000. (Funds are available in the
Section 2106 Gas Tax Appropriations Reserve.)
CalTrans has indicated that it will provide the maintenance and will share
50% of the cost of the stairway at the northwesterly corner of the Newport Channel
bridge (this is a replacement for the existing deteriorated wooden stairway). The
cooperative agreement is still being processed however. Because of the relatively
modest cost and the advantages of including the work in a larger project, it is
felt that it would be best to proceed with the work at this time.
The estimated date of completion for the project is June 13, 1980.
The plans and specifications were prepared by Robert Bein, William Frost and Associates,
Civil Engineers.
A sketch is attached showing the typical cross section and project limits.
Benjamin B. Nolan
Public Works Director
JW:do
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PUBLIC WORKS DIRECTOR
R.E. NO. —
57 TH ST. TO BALBOA BLVD. I DRAWING NO.
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PUBLIC WORKS DIRECTOR
R.E. NO. —
57 TH ST. TO BALBOA BLVD. I DRAWING NO.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT NO. 2062
AHFP NO. 1010
CONTRACT DOCUMENTS
FOR
WEST COAST HIGHWAY IMPROVEMENTS
FROM 57TH STREET TO BALBOA BLVD.
AND
FROM 400 FEET WESTERLY OF NEWPORT BLVD. TO NEWPORT BLVD,
AND
STAIRWAY CONSTRUCTION AT NEWPORT BLVD. BRIDGE CROSSING OVER NEWPORT BAY
LENGTH: 0.45 MILES
Approved by the City Council
this 25th day of February, 1980
4.
oris George, City Clerk
SUBMITTED BY:
Contrac or
.1. ,
Cerritos Ca. 90701
City Zip
iicl�'Y.I:i71S
Total Bid Price
NVITI:
SEALED BIDS will be received at the off _ City Clerk, City Hall, Newport Beach,
California, until 2:30 P.M. (as de by;;telephone time signal) on the
day Of r h 19, at time will be opened and read, for
6,
performing work as fo ows:
s
WEST COAST HIGHWAY IM S (SOUTH SIDE) 57TH STREET TO BALBOA BOULEVARD
'= CONTRACT NO. 2062
Bids must be submitted on the proposal form attached with.the contract documents
furnished by the Public 4krrks Department. The.additional copy of the proposal form
is to be retained by the bidder for his records.
Each bid must,be accompanied by_casit, certified check or Bidder's Bond, made payable
to the City of Newport Beach,.for an amount equal to at least 10-percent of the
amount bid.
- The title of the project and .the . words ' "SEALED BID" shall be clearly marked on the
outside of the envelope containing the bid:
The contract documents that must be compieted,'executed, and returned in the seated
bid are:
A. Proposal
B. Designation of Subcontractors
C. Bidder's Bond
D. Non- collusion.Affidavit
E., Statement:of financial Responsibility
F. Technical Ability' and Experience References
These documents shall be affixed with the signature and titles.of the persons signing
on behalf :of the .bidder. For .corporations, the signatures of the:President or
Vice President and.SecrelAry. or Assistant SSe_c_re_taar are required an a �o- rate Seal
s a be a ixed to alTocuments re— quiring sutures. In the case of a ari rtnership,
the signature of at least one general partner is required. .
No bids will.be accepted from a contractor who has not been licensed in accordance with
the provisions of- Chapter.9, Division II- of the Business and Professions' Code. The
contractor shall state his license number and- classification in the proposal.
One set of plans and contract documents. :including special provisions, may be obtained
at the Public Works Department, City Hall, Newport Beach, California, at no cost to
licensed contractors: It is requested that the plans and contract :documents be returned
within 2 weeks after the bid opening.
(cont.),
r
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The Ctt has = adopted :thm Stap -.- sp4 for'Public Works Construction (1976
Edition as,`prepOrecT';b ou ern apters o e American Public Works
A"sspciai:ion aril the Associated General C o#.- America Copies may be obtained
fram. :Buildifa9'liews, lnC - 3 ,iltne Und Avenue, Los es, Cal #forma 90034, (213).
870 -98T1.
The City has adopt d_;S
410 011. " ecia: rovisions and Standard"Drawings. Copies of
these are available at _ -ic Norks Department at a cost 4f'$5 per set.
A standard "City of -Special Endorsement" has been adopted by the
' City of "IleMport Beach. `.'is the".only endorsement acceptable to the City for
liability insurance purposeg. The successful low bidder will be required to complete
the form upon award of contract. (A sample form is attached for reference.)
For any required ponds, the comp -any issuing bid bonds, labor and material bonds, and
faithful .performance bonds must be in insurance company or surety company licensed by
the State of California.
In accordance with the provisions of.Article 2, Chapter, 1, Part 7 of the California
Labor Code.(Sections 1170 et`seq.), the Director of Industrial Relations has ascer-
Whed. the 'general prevailing rate of per diem wages in the locality in which the work
is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the. contract. A copy of said determination is available in the office
of.`the City.Clerk. All'paiiies to the contract . shall be governed,by.all provisions of
the California Labor :Ude relating to pv* ailing wage rates (Sections 1770 -7981 in-
clusive). The contractor-shall be responsible for compliance with Section 1777.5 of
the California Labor Code for all apprenticeable occupations.
The contractor.shall post a copy of the prevailing wage rates at the job site. Copies
may be obtained from the Public.Works Department.'
The'City reserves the right to reject any or all bids and to.waive any informality in
such bids.
i
Revised 3 -13 -79
f
' I
0
Page 2
All bids are to be computed on the basis of the given estimated quantities of work,
as indicated in this Proposal, times the unit price as submitted by the bidder. In case
of a discrepancy between words and figures, the words shall prevail. In case of an error
in the extension of a unit price, the corrected extension shall be calculated and the bids
will be computed as indicated above and compared on the basis of the corrected totals.
The estimated quantities of work indicated in this Proposal are approximate only,
being given solely as a basis for comparison of bids.
The undersigned has checked carefully all of the above figures and understands that
the City will not be responsible for any errors or omissions on the part of the under-
signed in making up this bid.
The undersigned agrees that in case of default in executing the required contract
with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal.
Holidays, after having received notice that the contract is ready for signature, the
proceeds of check or bond accompanying this bid shall become the property of the City
of Newport Beach.
Licensed in accordance with the Statutes of the State of California providing for
the registration of Contractors, License No. 397629 Classification A
Accompanying this proposal is
as Certified ec , Cashier's Cbeck . or on
in an amount not less than 10 percent of the total bid price.
The undersigned is aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers' compensation or to
undertake self - insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this contract.
213 926 6
one u er
March 13, 1980___
B19 r s ame
(SEAL)
r z9 ature
Authorized Signature
Corporation
Type of Organization
(Individual, Corporation, or Co- Partnership)
List below names of President, Secretary, Treasurer and Manager if.a corporation,
and names of all co- partners if a co- partnership:
Terry L. Fleming, Pres. Treas.
Julia A. Fleming, V.P. - Sec.
Harry C. Gross. V.P. - Gen. Mor.
• •T �
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Page 3
DESIGNATION OF SUBCONTRACTORS
The undersigned certifies that he has used the sub -bids of the following
listed contractors in making up his bid and that the subcontractors listed
will be used for the work for which they bid, subject to the approval of the
City Engineer, and in accordance with the applicable provisions of the
specifications. No change may be made in these subcontractors except upon
the prior approval of the Engineer.
Item of Work Subcontractor Address
1.
19-C. rNOuST2 /AL ASPHALT �A///v /VvyS
2. Cv � Gu-r—��n C fry �-• eo/VG�F HZJSq
3. clA2 Go. ANAr�F�NJ
4.
6.
7.
8.
9.
10.
11.
Fleming
i Ve r s h me
,�uthVffzed signafure
Corporation
Type of Organization
(Individual, Co- partnership or Corp.)
13909 Artesia Blvd.
Cerritos Ca. 90701
ress
9
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we
Page 4
as Principal,
and as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Dollars ($ ), lawful money of the United
States for the payment of which sum well and truly to be made, we bind ourselves,
jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden principal for the construction of
in the City of Newport Beach, is accepted by the City Council of said City, and if the
above bounden principal shall duly enter into and execute a contract for such construc-
tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting
Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from
the date of the mailing of a notice to the above bounden principal by and from said City
of Newport Beach that said contract is ready for execution, then this obligation shall
become null and void; otherwise it be and remain in full force and effect, and the amount
specified herein shall be forfeited to the said City.
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, we hereunto set our hands and seals this day of
19
Corporate Seal (If Corporation)
(Attach acknowledgement of.
Attorney -in -Fact
By
Principal
Surety
0
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0
by its _end amts air e
if uct fey nor any of .
agree
T%ve.
public ��T BE,
to Such
other
�191_lsuc 0 -ei,
WE
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at no
id #ras�+eerl act axiy subca►trattor or materfialmar throw any bid 0
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spsiering:'any laid ftty_ +subcattract4.r or man . Whi M ssed- -
... .... ...
STATE OF CALIFORNIA,
COUNTY OFT.o s_ An ee l e s 1 U.
13 I�
before me, the undersigned, a Notaryy Public in and for said State, personally appeared
Terry L. Fleming
President known to me to be the
of the Fleming Engineering. Inc.
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
�•••••N••••••••••••••••.•<.a•: to me that such Corporation executed the same.
• OFFICIAL SEAL
• JANICE E. SULLIVAN
NOTARY PUBLIC�CALIFORNIA i WITNESS my hand and official seal.
• LOS ANGELES COUNTY
• Mr Commsston Expires Dec 10. 1993 e
said
Y.
b'
The wnclersigned
ste is # with S'WelRffftt Of his fInAl ei'a}
.a responsib'i
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or agrees to swbm�i_atatpment
�eithin hairs. after tlie.6id.= opening' if
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. • PR1 OF, 7
CITY OF NEWPORT BEACH.
PUBLIC WORKS DEPARTMENT
WEST COAST HIGHWAY IMPROVEMENTS
FROM
57TH STREET TO BALBOA BLVD. AND FROM 400 FEET WESTERLY OF NEWPORT BLVD..
TO NEWPORT BLVD.
CONTRACT NO. 2062
AHFP NO. 1010
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Gentlemen:
The undersigned.declares that.he has carefully examined the location of the work,
has read the Notice Inviting Bids, has examined the Plans and Special Provisions,
and hereby proposes to furnish all materials and do all the work required to Com-
plete Contract No. 2062 in accordance with the Plans and Specifications, and will
take in full payment therefor the following unit prices for the work, complete in
place, to wit:
EM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND.UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. 1 Clearing and grubbing
Lump Sum �waGwcT,\wau waP
@
Dollars
and.
Cents
Per Lump Sum
2. 1 1 Unclassified excavation /
Lump Sum
(400 CY Exc.) @ Dollars
(1000 CY Fill) and
Cents
Per Lump Sum
3. 240 Construct A.C. Pavement,
Tons Base Course (Type III- B2- AR4000)
including prime coat ,& tack coat
@ Dollars /
and
Cents
Per Ton
OF
oe
$ lZtoSc. $
vv pp
$ 00 ^ $ ifo0o .
$ L{3 7' $ l030?�
3
.' ,
_< ,�
,_��.
fisa..�'t�,. a� ,.s....czacr- y�..i_,....r:• .Ws..�::..�x r�nl`- -'_•.: �..
4.
v9
6.
7
0
0
PR 2 OF 7
100
Construct A.C. Pavement, Finish
Tons
Course, (Type III- C3- AR4000)
including prime coat and tack coat
_ @'t-1FT -A -Two Dollars
and So
°O
Ft(- -T Cents $SL ^
$ S'ZSo.
.Per Ton
750
Construct Aggregate Base, including
Tons
under curb and gutter, complete in
place
@ E«a.T Dollars
and ZS
So
Tw�.svr ir�ve Cents $ 0
$ loli�`l
Per Ton
2,365
Const. Type "A" P.C.C. Curb
L.F.
and Gutter (8" C.F.) per C.N.B.
DWG. 182 -L
J
@ S%x • Dollars
and sa
5a
F=kv Cents
$ 1637• I
Per Linear Foo
350
Place Variable Thickness Asphalt
ohs
overlay including seal coat and
,
tack coat complete in place
@ Fixri{ -0NE Dollars
and oa
_o
Cents $ 57
$ 17850 .
Per Ton
24,548
Const. 4" P.C.C. Sidewalk/
S.F.
Biketrail Over 4" Sand %
@ OA-M Dollars
and
Foeru - F� ✓� Cents $ /.—
�o
$ 3559 .
Per Square Foot
0 0
• • PR 3 OF 7
T
9.
7
Adjust Existing Manhole to
Each
finished grade
,
Tru2.aa Hw.anesD
/
@ F, Fry Dollars
and
o0
00
Cents
Each
10.
4
Furnish and Install Survey
Each
Monument per C.N.B. DWG. 106 -L,
complete in place,
Sf x HV"fte -e o
j
@ :, FrFry Dollars
and
bo
Cents
$ &!5o 7-
$ 2/600 �—°
Each
11.
18
30" RCP, 2000D,
L.F.
complete in place
@Two Hu"oeE.o Dollars
and
00
�-
Cents
$ Zoo
$ 3(000
Per Linear Foot
12.
1640
18" ACP, 3000D,
L.F.
complete in place
@ f=#va Dollars
J
and
ob
CPO
o
Cents
$mss ."
�f l oov r
Per Linear Foot
13.
220
Const. 6" Thick Concrete Backfill and
L.F.
Drainage Ditch Over Storm Drain
per
Detail, Sheet 4, complete in place
@ 5ixrjr1WN Dollars
and
Cents
$1G, b^
$ 35'Zobb
Per Linear Foot
z- -
0
_ , -,.
0
0
ITEM QUANTITY ITEM DESCRIPTION
NO. AND UNIT ..UNIT PRICE WRITTEN IN WORDS
14. 3 Const. Curb Inlet, type OS, per
Each C.N.B. DWG. 306 -L, complete in
place
F'vv2TE6ti%
@ t- (,wamFo Dollars
and
Cents
Each
15. 1 Const. Junction Structure
Each per Detail Sheet 1, complete
in place
�LiV6eN H„NaC.6p
@ -e ;:-*,cry Dollars
and
Cents
Each
16.; 1 Const. Junction No. 1 per
Each C.N.B. Dwg. 310 -L, complete
in place
G•rF-rEErJ 14"'Vo¢#,»
@ FFry Dollars
and
Cents
Each
17. 1 Const. Modified Junction Struct.
rc per C.N.B. Dwg. 307 -L (without
manhole) length =2.5' complete
,in place .
SFVEP! PION OR.�D
@ sr Fj✓g Dollars
and
_ F02.rN Cents
Each
18. 2 Const. Modified Junction Struct.
Each No. 1 per C.N.B. Dwg. 310 -L with
18" thick gravel false bottom
complete in place
@ Frory Dollars
and
Cents
Each
PR4OF 7
UNIT TOTAL
PRICE PRIC€
00
$ 1400 $ x 7,00 00
00 00
$ 1160 ' $ I ISo
l
oa ao
i
yo �o
$
i
60
°O
$ Ic/5o ZQOO
0
0
19. 1
Each —
20.
21.
22.
Lump Sum
Lump Sun
Lump Sum
23.
Lump Sun
ITEM DESCRIPTION
UNIT PRICE WRITTEN IN
WORDS
Const. P.C.C. Headwall per
detail, sheet 4, complete
in place
@ OAW T,yoosra,vo_
Dollars
and
Cents
Each
Relocate Exist. Fire
Hydrant,
Water Main and Water
Service
per detail on Sheet 4, complete
in place
@
Dollars
and
Cents
per Lump Sum
Relocate Existing Street
Light, complete in place
Twa ✓ra - F, ✓E
@
Dollars
and
Cents.
per Lump. um
Guard Underground Construction
iHipery -Two
@ i- Iv,vnee o
Dollars
and
Cents
Per Lump Sum
Construct P.C.C. Stairway
including handrail,
complete in place
@ r(o bCzb- j - cE=
Dollars
and
Cents
Per Lump Sump
PR 5 OF 7
UNIT TOl
PRICE PRI
i
0�
$ 1000 $ 1000. 00 E
$ 3000 = $ 300o .-
60
$--I 500 ;` $ Zrj OO i
i
00 00
$ 3Zoo , $ 3z 00
00 00
$8350 $g3 o-
E
0
•
PR.6 Of 7
ITEM DESCRIPTION UNIT TOTAL
UNIT PRICE WRITTEN IN WORDS PRICE: PRICE
Construct Concrete Parkway
Culvert par detail on
Sheet 2, colete in place
@ u.,.,�F_ f,_ Dollars
and o0 00
Cents $ 1 e�So " $ 3300 r— .
ac
25. 900 Plane Existing AC Pavement
S.Y. for 0.1' Thick Overlay at
Join Line, complete in place
@ 7-14 e.ce; Dollars
and
Ff j:T Cents $ 3 so $
Per Square Yard
__ _ _..�.___ �___�_ __ �.e.�.
PR7OF 7
TOTAL. PRICE FOR ITEMS.-i THROUGH 95
WRITTEN IN WORDS
Oti6 Qn)b Ab"EZ:W - A-s
1 t4ogZ'g "to Dollars
and o0
Cents $ X99000,'
CONTRACTOR'S LICENSE NO. 327629 A Fleming Engineering, Inc.
(BIDDER'S NAME;
DATE March 13, 1980��'ii
CONTRACTOR'S ADDRESS 13909 Artesia Blvd.
Cerritos, Ca. 90701
TELEPHONE NUMBER C13 ) . 926 6664
_ .`z:>
_.
• •
HOME OFFICE SAN FRANCISCO, CA.
KNOW ALL -MEN BY THESE PRESENTS:
That FLEMING ENGINEERING, INC.
PROPOSAL OR
BID BOND
Bond No. YS780 -9847
Premium $ NIL
(hereinafter called the Principal) as Principal, and INDUSTRIAL INDEMNITY COMPANY
a corporation created and existing under the laws of the State of rAT,TTPORNTA
with its principal office at SAN FRANCISCO, rA. (hereinafter called the Surety),
as Surety, are held and firmly bound unto
CITY OF NEWPORT BEACH
(hereinafter called the Obligee), in the full and just sum of TEN PERCENT OF AMOUNT BID
Dollars ($ 10% ),
good and lawful money of the United States of America, to the payment of which sum of money well
and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Whereas, the Principal herein is submitting a proposal for
WEST COAST 'HIGHWAY IMPROVEMENTS
CONTRACT NO. 2062
Now, Therefore, if the bid or proposal of said Principal shall be accepted, and the contract for
such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter
into a contract for the completion of said work and furnish bonds as required by law, then this obli-
gation shall be null and void, otherwise to remain in full force and effect.
Signed, sealed and dated this 13TH day of MARCH ,1980
1YO04 R1 (0/72)
FLEMING ENGINEERING, INC.
Fr',eS Ibe4,. %
Principal
By
WILLIAM R. FRIIS Attomey -in -fact
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State of CALIFORNIA On MAR 13 1980 , before me, the undersigned,
ss. .a Notary Public of said county and state, personally appeared
County of RIVERSIDE WILLIAM R. FRIIS
I ^`
Gr 1UAL SEAL
PAMELA URRY
NOtARY PUBLIC
.` - - "7
-'-�/
RIVERSIDE CO., CALIF. -
My commission expires 7.22
.... e. ,."II
known to me to be the Attorney -in -Fact of
INDUSTRIAL INDEMNITY COMPANY
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporation executed the same.
STATE OF CAUFORRIA,
COUNTY OF Los Angeles
any
before me, the undersigned, a Notaryy Public in and for said State, personally appeared
Terry L. Fleming
President known to me to be the
of the Fleming Engineering, Inc.
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
to me that such Corporation executed the same.
OFFICIAL SEAL
NOTARY L PUBLIC CALIFORNIA 0 WITNESS my hand and official seal.
• LOS ANGELES COUNTY •
i Mr Cemmssan Expires Dec 2Q 1963 i
�N••••N1••NNN•N•1.1••••• ,/
for Wd sub.
THE NEWPORT ENSIGN
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange,
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above- entitled
matter. I am the principal clerk of the printer of the
Newport Harbor Ensign newspaper of General circula.
tion, printed and published weekly in the city of
Newport Beach, County of Orange, and which news.
paper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Or-
ange, State of California, under the date of May 14,
1951, CASE NUMBER A -20178 that the notice, of
which the annexed is a printed copy (set in type not
smaller than nonpareil) has been published in each
regular and entire issue of said newspaper and not in
any supplement thereof on the following dates tc -wit:
Published Feb. 27,1980
.................. ... .................... ..
I certify (or declare) under penalty of perjury that the
foregoing..-is true and correct. Dated at Newport
,Beach, California, this �7day of Fe -b., 1980
Signature
THE NEWPORT ENSIGN
2721 E. Ccas? Hwy.. Corona del Mar, California 92625.
This space is for the County Clerk's Filing Stamp
19
Notice
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PROOF OF PUBLICATION
Bid. most be submitted on the proposal
Imes with the °.. tract comments
huviahed by the Public Worke Depart- .
meet The additional copy of the
Propasal here is to his retained by the
bidder for his records.
Each bid mint his accompanied by
cash, owllod check or &do... Bond,
coda payable to the City of Newport
Beach, for an amount equal to at least 10
percent of the amount bid.
The that of the Project and the words
"SEALED BID' shall be clearly marled
on the outside of the envelope contain
ing the bid.
The misused documents that meet be
ompleted, executed, and retureed in
the coaled bid we
A. Proposal
B. Designation of Ssb.ontractora
C Bidder's Bond
D: Noncol fusion Affidavit
E. Statement of Financial
Re wnstibility
F. Technical Ability and Experience
Refesemorm
These documents shall be affxed with
the signature and titles of th Persona
ingra.g on behalf of the bidder. For norr
porattons,. the .signaturesaof the
President or Vice President and seers -
terry in Assistant secretary are required
and the Corporate Seal shall he affixed
to all documents requiring signature.. In
the can of a Paanenhip the sidearms of
at least one general reorder is required.
No bids will be accepted h
tractor who has net been licensed in
cordance with the provisions of
Chapter 9, Division IT of We Scission
and Pmfesakin' Code. The contractor
`shall state his license number and cla:
-
saicatemintheproposal. -
One set of plans and contract
documents, includies,; special Prevlence,
may be obtained at the Public Wm6
Department, City Hal, Newport Beach,
Califonia, at so met to licensed m.trao
n. It is requested that the plane and
..be& doemt ..to his kuroed within 2
winter alter the bit memories
The City has adopted the Standard
Spesihoatie.s for Public Wailes Cos
euuc5on (1976 Edf9on) as Preferred by
the southern Caliimmai Chapters of the
American Penile Works Anemone. and
the Associated General Cosuacton of
America . Core. may b, obtained hem
Building News, Ihc, 3055 Overhand
Avenue, Lew Angeles, California 90034,
(213) 870 -9871. -
The City bas adopted Standard
Spacial Provisions and Standard Draw -
ings. Copies of three are available of the
Public Wcotes Do artme,u -at acast of SS
Per.et. ....
PUBLIC NOTICE
CITY OF NEWPORT BEACH.
Proof of Publication c'
CALIFORNIA.
NOTICE INVITING BIDS
SEALED BIDS will be received at the
InvitInvitin Bids
ing 'Newport
°niOe °' the "' Clerk city Hat',
Beach, California until 2:30
P.m. (as determined by telephone time
vgne) on the lath day of March, 1980,
at which ifine they will be opened and
read, for performing work as follows:
WEST COAST HIGHWAY
WROVEMENS (SOM SIDE) 57TH
MEET TO BALBOA BOULEVARD
CONTRACT NO, 2062
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PROOF OF PUBLICATION
Bid. most be submitted on the proposal
Imes with the °.. tract comments
huviahed by the Public Worke Depart- .
meet The additional copy of the
Propasal here is to his retained by the
bidder for his records.
Each bid mint his accompanied by
cash, owllod check or &do... Bond,
coda payable to the City of Newport
Beach, for an amount equal to at least 10
percent of the amount bid.
The that of the Project and the words
"SEALED BID' shall be clearly marled
on the outside of the envelope contain
ing the bid.
The misused documents that meet be
ompleted, executed, and retureed in
the coaled bid we
A. Proposal
B. Designation of Ssb.ontractora
C Bidder's Bond
D: Noncol fusion Affidavit
E. Statement of Financial
Re wnstibility
F. Technical Ability and Experience
Refesemorm
These documents shall be affxed with
the signature and titles of th Persona
ingra.g on behalf of the bidder. For norr
porattons,. the .signaturesaof the
President or Vice President and seers -
terry in Assistant secretary are required
and the Corporate Seal shall he affixed
to all documents requiring signature.. In
the can of a Paanenhip the sidearms of
at least one general reorder is required.
No bids will be accepted h
tractor who has net been licensed in
cordance with the provisions of
Chapter 9, Division IT of We Scission
and Pmfesakin' Code. The contractor
`shall state his license number and cla:
-
saicatemintheproposal. -
One set of plans and contract
documents, includies,; special Prevlence,
may be obtained at the Public Wm6
Department, City Hal, Newport Beach,
Califonia, at so met to licensed m.trao
n. It is requested that the plane and
..be& doemt ..to his kuroed within 2
winter alter the bit memories
The City has adopted the Standard
Spesihoatie.s for Public Wailes Cos
euuc5on (1976 Edf9on) as Preferred by
the southern Caliimmai Chapters of the
American Penile Works Anemone. and
the Associated General Cosuacton of
America . Core. may b, obtained hem
Building News, Ihc, 3055 Overhand
Avenue, Lew Angeles, California 90034,
(213) 870 -9871. -
The City bas adopted Standard
Spacial Provisions and Standard Draw -
ings. Copies of three are available of the
Public Wcotes Do artme,u -at acast of SS
Per.et. ....
A standard "City of Newport Beech
Special Endorsement" form has been
adopted by the City of Newport Beach.
Thu form is the only endorsement x
ceptable to the City for Liability in.
mearce Pca e,ms. Tie successful low
bidder wit be re9ufred to complete the
form upon award of contract, (A sample
form Is attached tat reference.)
For any requied bonds, the company
issuing bid bonds, labor and materiel
bands, and faiddul performance bonds
must be an inme., company or surety
erprny ficermed by the State of
Calilor
In a porddnce with the prevision, of
Article 2, Chapter 1, Part 7 of the Cdlif-
mie tabor Code (Sections 1770 et seq.)
the Director of Industrial Beletions has
scertained the general prevailing rate
of per diem wages in the locality in
which the work Ls to he performed for
each craft, claysiiicatiomor type of work
mechanic needed to execute the
contract A copy of said determination u
available re the office df the City Clerk.
AB parties to the contract shall be govt
med by all provisions of Ne California
Labor Code relating to prevailing wage
ratee (Sections 1T70 -7981 inclusive).
The contractor shall be respmwiblp for
compliance with Section 1777,5 of the
Californa Labor Code for all a,
prenttceable cpcapat'am,
The eonfinetor shall port a copy of the
Prevailing wage mt. at the job site,
COPiw may he obtained from the Pubftc
WorYS Department
The City reserves the fight to reject
any or all bids and to waive any inlor
reality in such bde.
Publish: Feb. 27, 1980 in The Newport
Ensign. NE147
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FEB 25 1980
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Off. #ACH
FROM: Public Works Department
February 25, 1980
CITY COUNCIL AGENDA
ITEM NO. H -9
SUBJECT: WEST COAST HIGHWAY IMPROVEMENTS (SOUTH SIDE) 57th STREET TO
BALBOA BOULEVARD (C -2062)
RECOMMENDATIONS:
1) Approve the plans and specifications.
2) Authorize the City Clerk to advertise for bids for
Contract No. 2062 to be opened at 2:30 P.M. on Thursday,
March 13, 1980.
DISCUSSION:
The proposed project is in the 1979 -80 Orange County Arterial
Highway Financing Program (AHFP), and will provide ultimate improvements for
2,000 lineal feet along the south side of West Coast Highway. The work
involves the construction of A.C. shoulder pavement (varies 5 to 10 feet
wide), curb and gutter, grading, P.C.C. sidewalk -bike trail, two curb inlets,
and 18 -inch storm drain pipe. The project does not include additional travel
lanes, nor does it include any relocation of existing travel lanes. Construc-
tion of the improvements will separate roadway traffic from bicycle trail
traffic, allow the street to be properly cleaned, and provide better surface
drainage.
Improvements for an additional 400 lineal feet along the south side
of West Coast Highway from Newport Boulevard to 400 feet west of Newport
Boulevard are included in the proposed construction project, but are not a
part of the approved AHFP project. The work involves the construction of
A.C. pavement; concrete curb, gutter and sidewalk; and concrete stairs at
the north west corner of the Newport Channel Bridge. Completion of this
work will complete improvements to the south side of Coast Highway.
The improvements will be constructed within existing right -of -way
and no additional right -of -way will be required.
$190,500.
The engineer's estimate for construction of the improvements is
County AHFP Funds $78,250
City:
Gas Tax Fund 107,250
Water Fund 5,000
Total (Construction) $190,500
E
February 25, 1980
Subject: West Coast Highway Improvements (south side) 57th Street to
Balboa Boulevard (C -2062)
Page 2
The plans and specifications were prepared by the Civil Engineering
firm of Robert Bein, William Frost and Associates of Newport Beach. The
estimated date of completion is June 13, 1980.
Attached is a sketch showing the location and limits of the project.
4 J,/u�
Benjamin B. Nolan
Public Works Director
JW: do
Att.
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
WEST COAST HIGHWAY
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APPROVED
DATE TIMIA9
PUBLIC WORKS DIRECTOR
R.E. NO. —
57 TH ST. TO BALBOA BLVD. I DRAWING N0.
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
WEST COAST HIGHWAY
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APPROVED
DATE TIMIA9
PUBLIC WORKS DIRECTOR
R.E. NO. —
57 TH ST. TO BALBOA BLVD. I DRAWING N0.
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RESOLUTION NO. 9749
a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING A CONTRACT TO
FLEMING ENGINEERING, INC., IN CONNECTION WITH
WEST COAST HIGHWAY IMPROVEMENTS (SOUTH SIDE)
FROM 57TH STREET TO BALBOA BOULEVARD (C -2062)
WHEREAS, pursuant to the notice inviting bids for
work in connection with West Coast Highway improvements (south
side) from 57th Street to Balboa Boulevard, in connection with
the plans and specifications heretofore adopted, bids were
received on the 13th day of March, 1980, and publicly opened
and declared; and
WHEREAS, it appears that the lowest responsible bidder
therefor is FLEMING ENGINEERING, INC.,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the bid of FLEMING ENGINEERING,
INC., in the amount of $199,000.00 for the West Coast Highway
improvements (south side) from 57th Street to Balboa Boulevard,
be accepted, and that the contract for the described work be
awarded to said bidder; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized and directed to execute a contract in
accordance with the specifications, bid and this award on behalf
of the City of Newport Beach, and that the City Clerk be directed
to furnish an executed copy to the successful bidder.
ADOPTED this 24th day of March
ATTEST:
City Clerk
, 1980.
HRC /kv
3/17/80