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Home My WebLink AboutC-2119(B) - Excavate & dispose of surplus material Superior realignment project site6 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Date: September 16, 1982 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: City Clerk SUBJECT: Contract No, C -2119 Description of Contract Amended Agreement for Professional Engineering Services for the widening and Realignment of Superior Ave. Effective date of Contract September 15, 1982 Authorized by Resolution No. Min. Act., adopted on °^ may 4— Contract with Williamson and Schmid Address 17782 Sky Park Blvd. Irvine, CA 92714 Amount of Contract Not greater than $j7,500.00 (See Agreement) Wanda E. Andersen City Clerk WEA:lr City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 J 46 . 1980 By tha CITY COUNCIL CITY OF NEV QRTCi r1 Ctt UNCIL December 8, 1980 CITY COUNrili AGENDA ITEM NO. - Cti FROM: Public Works Department SUBJECT: SUPERIOR AVENUE IMPROVEMENTS FROM COAST HIGHWAY TO 1200 FEET NORTH OF COAST HIGHWAY (C -2119) RECOMMENDATION: Adopt a resolution requesting the County of Orange to include Phase II of the subject project in the Fiscal Year 1981 -82 Arterial Highway Financing Program (AHFP) DISCUSSION: On December 10, 1979, the Council adopted a resolution requesting that Phase I of the project be included in the 1980 -81 Orange County Arterial Highway Financing Program (AHFP). The Environmental Impact Report - Negative Declaration was accepted by the Council after a public hearing on January 7, 1980. The proposed project provides for safer and more efficient traffic flow by widening Superior Avenue and creating a more nearly right angle intersection at Coast Highway. The realigned roadway will provide two travel lanes in each direction, a raised median, a separate left -turn lane from southbound Superior Avenue to eastbound Coast Highway, a separate right -turn lane from southbound Superior Avenue to westbound Coast Highway, sidewalk -bike trail, safety lighting, drainage system and modified traffic signal. See the attached sketch for the location and limits of the work. The realignment is also necessary to enable the widening of Coast Highway on the northerly side to its ultimate configuration at a later date. The new alignment will require that approximately 3.75 acres of the vacant CalTrans property west of existing Superior Avenue be dedicated. Approxi- mately 2.5 acres of the existing right -of -way which will not be needed after the realignment would be vacated. Negotiations for dedication of the necessary right - of -way are currently being conducted with CalTrans. The estimated construction cost for the project is $1,172,000. It is proposed to finance the improvements with Gas Tax Funds and County AHFP Funds over a two -year period. Phase I work,which includes all engineering and rough grading for the new roadway, has been approved by the County and provided for in the current budget. Phase II work is to include the remaining fine grading and construction of the new improvements. Funding to be as follows: City Gas Tax AHFP Total 1980 -81 Phase I (approved) $261,000 $261,000 $ 522,000 1981 -82 Phase II 325,000 325,000 650,000 Total $586,000 $586,000 $1,172,000 December 8, 1980 Subject: Superior Avenue Improvements of Coast Highway (C -2119) Page 2 from Coast Highway to 1200 Feet North The AHFP requires that an environmental document be submitted along with all applications for funds. The Initial Study and Negative Declaration, accepted by the City Council on January 7, 1980, meet their requirements. AHFP also requires a resolution from the Council requesting the amount of County funds needed for the project, and committing the City to matching the County funds if the funds are granted to the City. If this project is approved, construction could be started early in 1982 with completion of work by summer of 1982. Benjamin B. Nolan Public Works Director JSW:jd Att. E 0 ra TIA I jp t tp Ixt.- en 7 1 `` CD Ile ........... I - . at & Ixt.- en 7 1 `` CD Ile ........... I - . at 'A MH 1SV00 0131OVd 3J i 1 I i 3AV 80183dns "X3 3J 1 l aI I Q 2 = m'- jI� L� 2 w w I ti _ NI 80 30V6631 Q F- m i � Ca *� r; I I C A .. bJ nuary 71 1979 CITY COUNCIL AGENDA ITEM NO. D -4 By >.' s Ci rY COJIiNCIL kl'r 8F TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SUPERIOR AVENUE IMPROVEMENTS FROM COAST HIGHWAY TO 1200 FEET NORTH OF COAST HIGHWAY RECOMMENDATIONS: 1. Hold a public hearing regarding an initial study and an environ- mental impact report- negative declaration for the Superior Avenue improvements from Coast Highway to 1200 feet north of Coast Highway. 2. Close the public hearing. 3. Accept the negative declaration and order that a notice of determination be filed with the County Clerk. DISCUSSION: On December 10, 1979, the City Council adopted a resolution request- ing the County of Orange to include Phase I of the subject project in the fiscal year 1980 -81 Arterial Highway Financing Program (AHFP). A copy of the memo which describes the project and discusses the financing is attached. Copies of the initial study were distributed to the Council for re- view and information at the December 10th meeting. The study concludes that construction of the proposed improvements will not have a significant adverse impact on the environment. (Please contact the Public Works Department if additional copies of the initial study are needed.) Comments regarding the initial study have been received from several public agencies and local homeowner associations. The comments received to date and the staff's response to the comments are attached, and are to be made a part of the initial study. Although residents have indicated concern with access and use of the Caltrans property west of Superior Avenue, no adverse comments have been received regarding the realignment and widening of Superior Avenue. If at the conclusion of the public hearing, the Council concurs that the project will not have a significant adverse impact on the environment, it is recommended that the staff be directed to file the necessary notice of deter- mination with the County Clerk's office. ,�l �-� �/`� Benjamin B. Nolan Public Works Director JW:jd Att. 40 go December 10, 1979 CITY COUNCIL AGENDA ITEM NO. G -1 �. TO: CITY COUNCIL FROM: Public Works Department SUBJECT: SUPERIOR AVENUE IMPROVEMENTS FROM COAST HIGHWAY TO 1200 FEET NORTH OF COAST HIGHWAY RECOMMENDATIONS: y q bcl I 1. Adopt a resolution requesting the County of Orange to include Phase I of the subject project in the Fiscal Year 1980 -81 Arterial Highway Financing Program (AHFP). 2. Schedule a public hearing regarding the Initial Study and Environmental Impact Report- Negative Declaration for the subject project for January 7, 1980. DISCUSSION: j Superior Avenue is classified as a primary arterial highway ( 4 lane divided roadway) over its entire length from Coast Highway to Newport Boulevard. At present, widening to the primary cross section has been completed from the northerly limits of this project to the City boundary at Industrial Way; and widening is scheduled to be completed in Costa Mesa (Industrial Way to Newport Boulevard) during the 1980 -81 fiscal year. Widening of this segment will complete the improvements to Superior Avenue in Newport Beach and provides a 4 lane divided roadway over its entire length. The proposed project provides for safer and more efficient traffic flow by widening Superior Avenue and creating a more nearly right angle intersection at Coast Highway. The realigned roadway will provide two travel lanes in each direction, a raised median, a separate left turn lane from southbound Superior Avenue to eastbound Coast Highway, a separate right turn lane from southbound Superior Avenue to westbound Coast Highway, sidewalk -bike trail, safety lighting, drainage system and modified traffic signal. See the attached sketch for the location and limits of the work. The new alignment will require that approximately 3.75 acres of the vacant CalTrans property west of existing Superior Avenue be dedicated. Approxi- mately 2.5 acres of the existing right -of -way which will not be needed after the realignment would be vacated. At this time, it is anticipated that CalTrans will dedicate the required right -of -way, but no commitment from CalTrans has been received. FIT- %'J, L . A BY MY CJ�.4J.4 DATE 00 1:i December 10, 1979 Subject: Superior Avenue Improvements from Coast Highway to 1200 feet north of Coast Highway Page 2 The attached initial study and proposed Negative Declaration cover the project.. The study concludes that the construction of the proposed improvements will not have a significant adverse impact on the environment. Copies of the initial study and requests for comments have been mailed to the State Clearing House and various public agencies as required. An informal public meeting has been held at City Hall with representatives of local homeowner associations to discuss the proposed project and environmental study. At this time, comments from the residents have been concerned primarily with access to and use of the CalTrans property west of Superior Avenue, and not specifically concerned with the project. It is recommended that a public hearing regarding the Initial Study and an Environmental Impact Report- Negative Declaration for the project be scheduled for the first Council meeting in January 1980 in order that adequate time be allowed for receipt of comments from concerned parties. The engineer's estimate for the project is $1,042,000. It is proposed to finance the improvements with Gas Tax Funds and County AHFP Funds over a two - year period. Phase "I" work would include all grading for the new roadway which would not appreciably interfer with traffic on the existing roadway, drainage improvements, siltation control, and slope landscaping. Phase "II" work would include the remaining grading and construction of the new improvements. Funding to be as follows: CITY GAS TAX AHFP TOTAL 1980 -81 Phase I 261,000 261,000 522,000 1981 -82 Phase II 260,000 260,000 520,000 Total 521,000 521,000 1,042,000 The AHFP requires that an environmental document be submitted along with all applications for funds. The Initial Study and Negative Declaration, if accepted by the City Council will meet their requirements. AHFP also requires a resolution from the Council requesting the amount of County funds needed for the project, and committing the City to matching the County funds if the funds are granted to the City. If this project is approved, construction could be started during the s ring and summer of 1199811 with completion of Phase II work by the summer of 1982. Benjamin 8. Nolan Public Works Director JW:do Attachments for Council Only 40 COMMENTS AND RESPONSE TO SUPERIOR AVENUE INITIAL STUDY EnmmBnt California Regional Water Quality Control Board (No Response) December 28, 1979 Page West Newport Beach Improvement Association 2 Response 4 Lido Sands Community Association 5 (No Response) Newport Crest Homeowners Association 6 Response 7 `STATE OY ('AIIFORNIA RESOURCES AGENCY EDMUND G BROWN 1R., Cove.00. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - SANTA ANA REGION 6809 INDIANA AVENUE, SUITE 200 RIVERSIDE, CALIFORNIA 92506 PHONE: (714) 684 -9330 November 28, 1979 Mr. John S. Wolter City of Newport Beach 3300 !lest Newport Boulevard Newport Beach, CA 92660 Dear Mr. Wolter: Superior Avenue Widening - Initial Study We have reviewed the Initial Study and negative declara- tion for the proposed widening of Superior Avenue in Newport Beach. On the basis that an erosion /siltation control plan will be submitted to this Board for approval prior to any construction activity, as stated on page 6, we find the Initial Study adequate and have no further comments at this time. Thank you for the opportunity to review this study. Sincerely, Zit Robert L. Holub Staff Engineer RLH:pk WEST NEWPORT BEACH Improvement Association December 2, 1979 Mr. John Wolter, Cooperative Projects Public Works Dept., City of Newport Beac Newport Beach, Calif. Dear Mr. Wolter: NEWPORT BEACH, CALIFORNIA i 1 Engineer h 92663 i SUBJECT: Superior Avenue Re- routing Plans 1100' North of Coast Highway. Our WNBIA Board of Directors enthusiastically supports the pro- posed change to improve the current dangerous Traffic problem on Superior between Coast Highway and Newport Crest. We commend the City for taking this action. We are concerned that the City consider the following problems: 1) The scheduling of the construction work should avoid the heavy summer use and peak traffic loads on this heavily traveled street and intersection. 2) Can the project serve to improve the area's general drainage system which now drains into the Semeniuk Slough by way of an open ditch? Can the drainage waters for the area be chan- neled directly into the ocean, or preferably the Santa Ana River (using the new drain on the South side of Coast Highway)? 3) Since a great number of rear -end accidents occur as vehicles merge onto Pacific Coast Highway going West, can the PCH merg- ing lane be lengthened to permit safer access? 4) Since many accidents occur due to the excessive speed of South- bound Superior Avenue traffic, can the proposed signal at Hospital Z N BOARD OF DIRECTORS Minnie Ballard President . . Margot Skilling 5520 River Avenue 5482861 6610 W. Ocean Front 642 -3214 ---- Charles E. Day Jr. Vice President . Robert Reicher 10561st Street 548 -1057 5001 Seashore Drive 645.3274 Ninfa Jarvis Treasurer . Cathy Anderson 219 Canal Street 642.3361 5403 Seashore Drive 642-0476 Bruce Nordlund Secretary . . . . . Mike Johnson 5710 W. Ocean Front 642 -3871 5112 River Avenue 642 -3125 John Shea 2214 W. Ocean Front 675 -6917 WEST NEWPORT BEACH Improvement Association December 2, 1979 Mr. John Wolter, Cooperative Projects Public Works Dept., City of Newport Beac Newport Beach, Calif. Dear Mr. Wolter: NEWPORT BEACH, CALIFORNIA i 1 Engineer h 92663 i SUBJECT: Superior Avenue Re- routing Plans 1100' North of Coast Highway. Our WNBIA Board of Directors enthusiastically supports the pro- posed change to improve the current dangerous Traffic problem on Superior between Coast Highway and Newport Crest. We commend the City for taking this action. We are concerned that the City consider the following problems: 1) The scheduling of the construction work should avoid the heavy summer use and peak traffic loads on this heavily traveled street and intersection. 2) Can the project serve to improve the area's general drainage system which now drains into the Semeniuk Slough by way of an open ditch? Can the drainage waters for the area be chan- neled directly into the ocean, or preferably the Santa Ana River (using the new drain on the South side of Coast Highway)? 3) Since a great number of rear -end accidents occur as vehicles merge onto Pacific Coast Highway going West, can the PCH merg- ing lane be lengthened to permit safer access? 4) Since many accidents occur due to the excessive speed of South- bound Superior Avenue traffic, can the proposed signal at Hospital Z Page 2. Mr. John Wolter, cont'd L� Road and Superior Avenue be expedited? This signal would also help the safety of those entering Superior Avenue from either Hospital Road or Ticonderoga Avenue which is currently a very dangerous procedure. A lower Southbound speed limit would also help. 5) The design indicates only one left -turn lane to go East on Pacific Coast Highway. We believe the next lane should be an optional left turn. Thanks again for your efforts on our behalf. Sincerely, air Skilling, President MS:e cc: City Council Highway Action Team Committee Transportation Advisory Committee Traffic Affairs Committee Newport Crest Community Association 3 7 N M December 28, 1979 RESPONSE TO COMMENTS FROM WEST NEWPORT BEACH IMPROVEMENT ASSOCIATION Comment #1 - It is planned to schedule construction to avoid inter- ference with heavy traffic during the summer and rain during the winter. Phase I is tentatively scheduled for March 1981 to June 1981, with Phase II either from September 1981 to November 1981 or March 1982 to June 1982. Comment #2 - The project will improve the surface drainage along Superior Avenue. Drainage along Pacific Coast Highway will be addressed in conjunction with the planning for improvement of the northerly side of the highway. Comment #3 - Widening of Coast Highway to lengthen the merging lane westbound is beyond the scope of this project. (This widening will be part of the future improvement of the northerly side of Coast Highway.) In order to alleviate the rear -end accident problem, a separate right -turn lane will be provided on Superior Avenue. Comment #4 - Construction of the signal.at Superior Avenue and Hospital Road is scheduled during 1980. The project alignment and grade has been designed in accordance with a 35 MPH stopping sight distance. The improved stopping sight distance and separation of the traffic by a raised median will improve vehicle safety. Comment #5 - Traffic counts indicate that a single left -turn lane from Superior Avenue to southbound Coast Highway is adequate. Consideration of a double left -turn lane Will be made during final design. I M LIDO SANDS Community Association P. O. Box 1373 • Newport Beach, CA 92663 December 17, 1979 Mr. John Wolter City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear John: M ft I - ncwooar ee.�a� After reviewing the Superior Avenue improvements initial environ- mental study, the Lido Sands Community Association Board of Directors endorse and encourage approval of plans to realign and widen Superior Avenue within the specified project limits. Very truiy yours, David A. Goff President DG: sah i tr ti R�' S �� Xcwport erect HOMEOWNER'S ASSOCIATION CIO P.C.M. Inc. 1101 Dove Street #230 Newport Beach, Ca. 92660 December 19, 1979 Mr. John Wolter Cooperative Projects Engineer Public Works Department City of Newport Beach Newport Beach, Ca. 92663 ^e: kealignment of Superior Ave. north of Pacific Coast Highway Dear Mr. Wolter: The Board of Directors of Newport Crest Homeowners Association wishes to express its approval of the plans to realign Superior iivenue. This is an over due project, which should greatly assist traffic flow while improving safety. We do, however, enumerate the following items for your consideration: 1. The 10 foot walk way on each side of Superior should be divided for pedestrians and bicycles. 2. Noise levels for Newport Crest will not increase by more than one decibel as indicated in your plans. If they do, additional noise barriers will be provided. 3. Under ground utilities will be encouraged. Light standards will be lower than the sight line at the top of the bluff. 4. Contractors equipment will be assembled when not in use at the lower perimeter of the project, out of sight and hearing of nearby residents. 5. The proposed traffic signal at Hospital Road and Superior will be expedited. Further, considerat will be given to a traffic signal at Ticonderog Superior. The traffic resulting from the compl of Villa Balboa and existing traffic from Newpot make this intersection one of growing hazard. Again, we feel the proposed project will satisfy a needed improvement. Sincerely, ort w �, ..• and Crest h- �:�, 9�'�J' vo NEWPORT CREST HOMEOWNERS F,SSOCIATION NO w 17 December 28, 1979 RESPONSE TO COMMENTS FROM NEWPORT CREST HOMEOWNER'S ASSOCIATION 1. Comment #1 - Past experience indicates that a 10- foot -wide sidewalk adequately provides for both pedestrians and bicycles. To physically separate the two has proven impractical and very difficult to enforce. 2. Comment #2 - The initial study analyzed existing and projected noise levels along Superior Avenue. The study finds that the increase due to the project is less than one decibel and no mitigation measures are required. 3. Comment #3 - Edison poles must be relocated to the new alignment along Superior. The staff will request Edison to con- sider undergrounding. Most of the new street lights will be lower than the top of the proposed roadway excavation. One or two of the proposed lights will extend above the roadway cut and special attention to the line of sight from Newport Crest will be made in determining their exact location. 4. Comment #4 - The contractor's equipment will be maintained and stored as far as possible from the Newport Crest residents. 5. Comment #5 - The signal at Hospital Road and Superior Avenue is presently scheduled to be under construction by June 1980. The intersection of Ticonderoga and Superior Avenue has been added to a signal priority list to be con- sidered by the Council in early 1980. 7 I n •r yam_ F Y � y5 '' a '� ' . s ° >` /� � ''r� a��r' j. _A� .�. (g1 3-t �C r-+ +n � h. �w � Y9f"�3 1' 17 � •� � P f+ i �� 4 f. _ Y3F ,/E"I+� + ♦a � Y� .k.� /�...,'�' A f �i bl- AD I Nt IV s / w 1 W AMN 1SV00 01310bd ?� fw VV� 3Ab d0163df�5 Q � � z Z U mb11'' w x _ NI�.'210. 30V2i 2131 � - ti �Iro AFFIDAVIT OF POSTING` "" On L 7C I posted on the property involved a Notice of Public Hearing regarding: the Initial Study and Environmental Impact Report - Negative Declaration for Superior Avenue Improvements from Coast Highway to 1200 feet North of Coast Highway January 7, 1980 Date of Hearing: cl n By the CITY COUNCIL CITY OF NEWPORT 96ACH a RESOLUTION NO. 9 69 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE PHASE I OF SUPERIOR AVENUE IMPROVEMENTS FROM COAST HIGHWAY TO 1200 FEET NORTH OF COAST HIGHWAY (C -2119) IN THE FISCAL YEAR 1980 -81 ARTERIAL HIGHWAY FINANCING PROGRAM WHEREAS, the City of Newport Beach desires to realign and make street improvements to Superior Avenue from Coast Highway to 1200 feet north of Coast Highway; and WHEREAS, Superior Avenue is classified as a primary road on both the City Master Plan of Street and Highways and the Orange County Master Plan of Arterial Highways and is of general County interest; and WHEREAS, the Board of Supervisors intends to, by appropriate action, provide in the County budget of the Special Road Improvements Fund for the Fiscal Year 1980 -81 a sum of money for the improvement of streets within the incorporated cities of the County in accordance with the Orange County Arterial Highway Financing Program; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby requests the Board of Supervisors of the County of Orange to allocate to said City from County funds the amount of $261,000.00; said amount to be matched by funds from the City, to be used to aid said City in the improvement of Superior Avenue from Coast Highway to 1200 feet north of Coast Highway; said improvement to be in accordance with the attached project statement; BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Orange is hereby requested to find that said work above - described is in the general County interest; rqq"7 N BE IT FURTHER RESOLVED that, by this Resolution, the enviromental document is being processed, and the City of Newport Beach agrees with the basic concepts of the Arterial Highway Financing Program; and further agrees that its share of the cost of intersection modification will be available for the fiscal year 1980 -81. ADOPTED this ATTEST: CITY CLERK day of QFC 1 Q , 1979. MAYOR -2- HRC /ap 12/7/79 N NOTICE OF PUBLIC HEARING N NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding the Initial Study and Environmental Impact Report -- Negative Declaration for Superior Avenue Improvements from Coast Highway to 1200 feet North of Coast Highway NOTICE IS HEREBY FURIHER GIVEN that the said public hearing will be held on the 7th day of January , 19 80 at the hour of 7;00 P.M. in the Council Chambers of the City Hall of the City of Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. Doris George v City Cleric City of Newport Beach i �) T 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 to -wit: Published .➢ec_ 26.,1.979 ...... I certify -{oi declare) under penalty of perjury that the foregoing iS true a,,d correct. ated at ewport Bp;ach, California, thisZ6 day of �eC,•19 7 Signature THE NEWPORT ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625. This space is for the County Clerk's Filing Stamp rA Notice Proof of Publication of Initial Study and Environmental PROOF OF PUBLICATION Impact Report PUBLIC N0710E OF PUBLIC HEARING NOTICE IS HEREBY GIYEN that the City Council of the City of Newpod Beach will hold a public hearing no- yarding the Initial Study sad Eaeron- mentel Impact Repod— Negative Dec Wration for Suparim Avwue Bala —e- manta from Coast HigbanY to 1209 feet North of Coast Highway. NOTICE IR HEREBY FURTHER GEM that the enid public f e n ag win ba held on the 7th daY of IanuaU, 1980, at ld how of 709 PM m the Coeanti Chan ban of the City Hall of the City of New- port Baech California, at which tune end place any and all pempm intma"ad may appatn and be heard f Mena Signed; Dora Gernge, City CWrk, City awnwpadB aoh. Publish D.a. 26, 1979 in The N 2 Enmgv July 22, 1983 Clegg Engineering, Inc. 2792 E. Miraloma Avenue Anaheim, CA 92806 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK 7141 640 -2251 Subject: Agreement to Dispose of Surplus Material on Superior Ave. The work performed under the subject agreement has been accepted by the City of Newport Beach. The City Clerk was authorized to release the Performance Bond No. 2- 312 -356. Please notify your Surety Company, The Ohio Casualty Insurance Company, of this action. Sincerely, Wanda E. Andersen City Clerk WEA:lr cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 W qL July 14, 1983 TO: CITY MANAGER FROM: Public Works Department SUBJECT: SUPERIOR AVENUE REALIGNMENT (C -2119) (Agreement with Clegg Engineering, Inc. to dispose of surplus material) RECOMMENDATION: 1. Accept the work performed under the agreement as complete. 2. Return the Contractor's clean -up deposit. 3. Release the performance bond. DISCUSSION: On March 28, 1983, the City Council authorized the City Manager to negotiate an agreement to excavate and dispose of sur- plus material generated from the realignment of Superior Avenue. Clegg Engineering, Inc., of Anaheim has satisfactorily completed the excavation and removal of approximately 120,000 cubic yards of surplus material under the terms of the agreement. Benjamin B. Nolan' Public Works Director JW:jd APPROVED BY: — City Manager AGREEMENT THIS AGREEMENT, made and entered into this 71 day of 1983, by and between CLEGG ENGINEERING, INC., of Anaheim, California, State Contractor's License No. 348600, hereinafter called "CONTRACTOR," and CITY OF NEWPORT BEACH, a municipal corporation, hereinafter called "CITY." W I T N E 5 S E T H WHEREAS, CITY proposes to improve and realign Superior Avenue between Coast Highway and 1,200 feet north of Coast Highway; and WHEREAS, excavation, which will generate surplus material west of the existing Superior Avenue alignment, is necessary for the realignment of Superior Avenue; and WHEREAS, CONTRACTOR has submitted a letter of proposal dated March 24, 1983, to remove a portion of the surplus material at no cost to the CITY; and WHEREAS, CONTRACTOR and CITY have determined that it will be to the mutual benefit of both CONTRACTOR and CITY to enter into an agreement which would provide for the excavation, removal and disposal of material from the area north of Coast Highway and west of existing Superior Avenue as shown on Sheet 17 of CITY's Supreior Avenue improvement plans, Drawing Number R- 5469 -S, said area hereinafter referred to as "Borrow Site "; and WHEREAS, CONTRACTOR and CITY desire to set forth their respective rights and obligations with regard to excavation from "Borrow Site "; follows: NOW, THEREFORE, in consideration of the foregoing, it is agreed as 1. CITY shall: a. Obtain right of entry from CalTrans to perform excavation from "Borrow Site." b. Provide necessary permits to perform excavation from "Borrow Site." 1 of 4 0 c. Provide the results of soils borings (prepared by the Orange County EMA materials lab) which generally represent the material to be excavated from the "Borrow Site." d. Allow access to the "Borrow Site" from Superior Avenue. e. Provide staking control necessary for excavation to the grades as shown on Sheet 17 of CITY's Superior Avenue im- provement plan, Drawing Number R- 5469 -5. 2. CONTRACTOR shall: a. Perform all work under this Agreement in accordance with CITY's Standard Specifications; the CITY's Standard Speci- fications are Standard Specifications for Public Works Construction, 1982 Edition. b. Excavate material from the "Borrow Site" to the limits and grades as shown on Sheet 17 of CITY's Superior Avenue im- provement plans, Drawing Number R- 5469 -S and in accordance with Section 300 of CITY's Standard Specifications. c. Remove and dispose of the excavated material at a site ac- ceptable to all cognizant agencies. d. Obtain approval of haul routes from CITY's Traffic Engineer. e. Provide any arrangements for access or permits that might be required for the disposal sites. f. Provide the necessary traffic control, dust control, and street cleaning as determined by CITY. g. Provide a performance bond in the amount of One Hundred Eighty Thousand Dollars ($180,000) that insures the removal of One Hundred Twenty Thousand (120,000) cubic yards of material from the "Borrow Site" by June 10, 1983. h. Provide a site cleanup deposit in the amount of Ten Thousand Dollars ($10,000) to ensure that haul routes to and from the "Borrow Site" are maintained free of debris and dirt, and to ensure the removal of construction and demolition debris from the "Borrow Site" and public property adjoining the "Borrow Site "; and further to ensure that CONTRACTOR installs and 2of4 9 0 maintains appropriate erosion control and desilting facilities as necessary. The cleanup deposit may be paid directly to CITY or it may be placed in an escrow account accruing interest to the CONTRACTOR, but available to CITY. In the event that CONTRACTOR fails to take action within twenty -four (24) hours of written notification by CITY or within a greater time as may be specified in the notifica- tion, CITY, or its agents or employees, at its option may enter the grading site and take the action required of CONTRACTOR. The actual expense incurred by CITY as a result of taking this action shall be deducted from the cleanup deposit and paid to CITY. At such time as the final approval of the work under this Agreement has been given by CITY, and in the event that all action has been taken by CONTRACTOR, then the full amount of the cleanup deposit remaining shall be refunded to CONTRACTOR. i. Provide liability insurance in accordance with Section 7 -3 of CITY's Standard Specifications, naming CITY and the j State of California as insureds or as additional insureds. The policy shall not contain the so- called "X ", "C", "U" exclusions and the minimum limits of liability for such in- surance shall be as follows: (1) Bodily Injury Liability $500,000 $1,000,000 each person each occurrence Property Damage $250,000 $500,000 each aggregate occurrence (2).A Single Limit for Bodily Injury Liability and Property Damage Liability $1,000,000 Combined aggregate Indemnify and hold harmless CITY and its officers and em- ployees from any damage or liability arising out of per- formance of this Agreement 3of4 • 3. IT IS MUTUALLY UNDERSTOOD AND AGREED that: a. Time is of the essence of this Agreement as to both parties hereto. b. No payment will be made to CONTRACTOR by CITY for the work performed under this Agreement. c. CONTRACTOR has rights to and has bonded to remove One Hundred Twenty Thousand (120,000) cubic yards of soil from the "Borrow Site" and has exclusive right to use the "Borrow Site" until June 10, 1983 (excepting incidental use by CITY and its agents preparatory to the realignment project). d. CITY intends to dispose of Two Hundred Thirty -nine Thousand (239,000) cubic yards of soil from the "Borrow Site" (the total amount of soil available) and CONTRACTOR will cooperate to the fullest extent possible to coordinate use of the "Borrow Site" if other sources for disposal become available. e. CONTRACTOR has first right to remove up to One Hundred Nine- teen Thousand (119,000) additional cubic yards (up to the total amount of soil available from the "Borrow Site ") under the terms of this Agreement, provided CONTRACTOR meets the terms offered by any other party proposing to remove the additional material. f. This Agreement may be amended or extended by mutual consent of both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and entered into the day and year first above written. APPROVED AS TO FORM: City ttor 4of4 CITY OF NEWPORT BEACH, a Municipal Corporation By City Manager CLEGG ENGINEERIK, INC. ® The Ohio Casualty Insurance Company 176 North Third Street, Hamilton, Ohio 45M Bond No 2_212 PERFORMANCE BOND CALIFORNIA- PUBLIC CONTRACT KNOW ALL MIEN BY THESE PRESENTS: That CLEGG ENGINEERING, INC as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH as Obligee, in the sum of OHE HUNDRED AND EIGHTY THOUSAND DOLLARS AND NO ONE HUNDREDS Dollars ($ 180,000 for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract, dated APRIL 4, , 19 83 , with the Obligee CITY OF NEWPORT BEAM to do and perform the following work to -wit: SUPERIOR AVENUE RE',ALIGNMENT PFDJECT NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this • Calif. S 3590n 4TH day of APRIL , 1983 CLEGG ENGINEERING _ INC ,!- CLEGG ENG'iNEERING, 'INd Principal THE OHI ASU INSURANCE COMPANY i By _ BRIAN SINS{ Attorney4n.Kact a; 1 California State of County of Orange On this the 4th day of Apri 1 19 83 ,before me, 1 SS. the undersigned Notary Public, personally appeared Philip Clegg OFFICIAL SEAL BETTY WICKST"A 170TARY PUBLIC - CALIFORNIA ORANGE COUNTY tdp "M, expires MAR 3, 1987 GENERAL ACKNOWLEDGEMENT FORM known to me to be the person(s) whose name(s) 5 subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. AFFIDAVIT OF ATTORNEY•IN -FACT FOR SURETY } STATE OF California ............................. ............................... r COUNTY OF ......... O... ge S5' .... an ...... ............................... On this .... 4th..... day of...........A�.r . 1 ........................... ............................... 19.8.. before Brian Sincock ................. ............................... y-in -f; personally appeared .............. .... ............................... Attorne of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by Or duly sworn, did depose and say, that he resides in ........ .....ange ..................... County ; that he is . Attorney -in -fact of The Ohio Casualty Insurance Company, the corporation named in and which exec ed the within instrument; that he knows the corporate seal of acid corporation; that the seal affixed the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors said corporation, and that he signed and executed the said instrument as Attorney -in -fact of said c poration by like order. My Commission expires ...... .8123185 rl....t..... ..... .................. �.. .... . NotarY PuSh<. F.,.m s. i rn r 41 mo¢»- � U LL�,2 CERTMED COPY OF POWER OF A jJORNEY THE OffiASUALTY INSURANCE COMPANY Hoge OMCZ. lubMTOK 0390 No. 16 -482 IttRtlt AU &m dg 91pife lirrBtift That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article V Section 7 of the By -lawa of mid Company, does hereby nominate, constitute and appoint: Edward W. Griffith or Brian SinccC< - - - - - - - - -uf Santa Ana, California - - - - its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behaU es surety, and u its act and dad any and all BONDS, UNDERTAKINGS, and RECOGNVANCES, not exceeding in any single instance :`- MILLION - -(f3 000,000.00 - -) Dollars, excluding, however, any bond(&) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of theme presents, shall be a bmAag open rid Company. an fully and amply, to all intents and purposes. an if they had been duly executed and acknowledged by the regularly elected officers of the Company at its allies in Hsmihon, Ohio, in thew own proper perwa. The authority granted hereunder saperedes any previous authority heretofore granted the above named attorney(a) -in -fact In WITNESS WHEREOF, the undersigned officer of the mid The Ohio Casualty Insurance Company has hereunto subscribed his name and afford the Corporate Seal of the • `jEAL't;< said The Ohio Casualty Insurance Company this 14th day of Nc)v mbe!. 19 79. °,(;wiii'or• :�'��.�°'o (Signed) Richard T. Hoffman Men.,., ..... .. .................... .. ..... .... ....... .. .......... ....... .— .... ........... .. ..... ....... STATE OF OHIO, t � Asst. 5ecratary COUNTY OF BUTLER J On this 14 t'0, day of November A. D. 19 79 baton the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Ric: :yard T. Hoffman. Asst, Screa_y - - of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described In, and who executed the preceding instrument, and he acknow- ledged the execution of the mine, and being by me duly sworn deposeth and mith, that be is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the mid instrument by the authority and direction of the said Corporation. 'menee,ott� IN TESTIMONY WHEREOF, 1 have hereunto set my had and affixed my Official �tt� JtII R$ Seal at the City of Hamilton. State of Ohio, the day and year first above written. (Signed) Dorothy Bibee 3 : %sij•• r0� Note Public is and for County of Butler, Stets of Ohio %raa:p1111W M Commission irm .'e�-ember i.., 9�.1. My cry ........... ....................:.........' 1...... This power of attorneys granted under and by authority of Article VI, Section 7 of the By -laws of the Company, adopted by its directors on April 2, 1954, extracts from which road: ••ARTICLE VI" "Section 7. Appointment of Attorney -hn Fat, ate. The chairman of the board, the president, any vice - president, the secretary or any assistant secretary shall be and is hereby vented with full power and authority to appoint sttoroeya-in -fact for the purpose of signing the mine of the Company an surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizance&, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub - division." Thin instrument in signed and mated by facsimile a authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-aws to appoint attorney, in act, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attoreay and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal era hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the mine force and effect as though maeuslly affixed." CERTIFICATE G the undersigned Assistant Secretary of The Ohio Ca&oalty Insurance Company, do hereby unify that the foregoing power of otterney, Article VI Section 7 of the by -laws of the Company and the above Resolution of its Board of Directors are true and correct copies and am in Full fora and effect on this date. IN WITNESS WHEREOF, 1 have hereunto not my hand and the anal of the Company this day off /L, // `A-.. D., 19 aw -(SEAL `�a tNilt --� Assistant Secretary 8- 4300 -C 10-743M