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HomeMy WebLinkAboutC-2523 - Pacific Coast Highway Sidewalk Adjacent to Cameo HighlandsCITfOF NEWPORT &ACH September 4, 1990 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 F.A.V. Engineering 17610 Beach Blvd., Suite 32B Huntington Beach, CA 92647 Subject: Surety: Merchants Bonding Company Bonds No.: CA113025 Contract No.: C -2523 Project: Pacific Coast Highway Sidewalk Adjacent to Cameo Highlands The City Council of Newport Beach on August 13, 1990 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on August 16, 1990, Reference No. 90- 435426. Sincerely, `1 =n i , OIC.. Irene Butler Assistant City Clerk IB:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerkr City of Newpo t Beach 3300 Newport Boulevard Newport Beach, CA 92663 9Q- 435426 &W RECORDING REQUEST PER GOVERNMENT CODE 6103 EXEMPT °s - NOTICF. OF CO PLET PUBLIC WORKS � R :oo 161990 EC I�D SEP A2'96W1VtRECARDER CRY CLERK NEWPORT BEACH I o All Laborers and Material Men and to:, Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on June 22, 1990 the Public Works prolect consisting of Pacific Coast Highway Sidewalk Adjacent to Cameo Highlands (C- 2-523) on which r•A.V. W.1 was the contractor, and Merchants bonding Company, Z4Z5 E. Gamelback Rd., ifbUU, was the surety, was completed. Phoenix, AZ 85016 VERIFICATION I, the undersigned, say: CIT OF NEWPORT BEACH Public Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 'August 14, 1990 at Newport Beach, California. 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 13. 1990 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 14, 1990 at Newport Beach, California. Oil "- /� a `s Or MUM IMORM MA r : ? G3 Ti1''Nf TV00 :.% . 11 • • 0 •'1 TO: City Council FROM: Public Works 0 August 13, 1990 CITY COUNCIL AGENDA ITEM NO. F -22 SUBJECT: ACCEPTANCE OF PACIFIC COAST HIGUMN SIDEWALK ADJACENT TO CAMEO HIGHLANDS - (C -2523) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file -a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of retaining wall, curb, gutter and sidewalk along the northerly side of Pacific Coast Highway adjacent to Cameo Highlands has been completed to the satisfaction of the Public Works Department. The bid price was $89,355.00 Amount of unit price items constructed 88,966.75 Amount of change orders 8,250.00 Total contract cost $97,216.75 Two Change Orders were issued. The first, in the amount of $4,950.00, provided for the removal and replacement of the CALTRANS signal interconnect conduit which was found to interfere with the new gutter. The second, in the amount of $3,300.00, provided for revising the top profile of the wall, adding approximately 150 blocks. Funds for the project were budgeted in the General Fund, Account No. 02- 3397 -377. The contractor is F.A.V. Engineering, Inc. of Huntington Beach. The contract date of completion was June 1, 1990. The contractor was delayed while awaiting a decision from CALTRANS • regarding the conduit and then because of the extra work. All work was completed by, June 22, 1990. 22 is attached for reference. Benjamin B. Nolan Public Works Director PD: so Attachment 3 130 44 �0 Q g 127 1 b�9i 00 m 128 129 112 S 126 A' 5� GOP/, Y�� 601• ...- 119 121 120 I\ . A 122 123 124 'RET. WALL � , GUTTER 8 SIDEWALK y9 �y O� %200 s rl�-4 -Ala .g/w L /.✓E s y Gov 3e; 41'e 4 2 ' & 6' P.20,o056O 6!/rTER {' ,S/LaE/HALK POyS /aL� 6RA0 /Nef O, POOO.sBO .QL�T. I ✓AL L SECTION A -A N.T. S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO CAMEO HIGHLANDS DRAWN R.G. DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. —.__ DRAWING NO. EXHIBIT i I r , CITYT- EWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEAA,H, CA 92658 -8915 (7L4j T0: FINANCE DIRECTOR FROM: CITY CLERK DATE: March 12, 1990 SUBJECT: Contract No. C -2523 Description of Contract Pacific Coast Highway Sidewalk Adjacent to Cameo Highlands Effective date of Contract March 12, 1990 Authorized by Minute Action, approved on February 26, 1990 Contract with F.A.V. Engineering Address 17610 Beach Blvd., Suite 32B Huntington Beach, CA 92647 Amount of Contract $89,355.00 "94a6t' 6e 4je Wanda E. Reggio City Clerk WER:pm Attachment %0 r,: CITY CLERK 0 PACIFIC COAST HIGHWAY SIDEWALK ADJACENTJO CAMEO HIGHLANDS Title Of -Project Contract No. 1114-000 . . Engineer's Eatimate Pfproved by the City Council. thls��day of_aanUjrX, 1990. O. 19111 CIVIL Wanda E. Reggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 330 Wamport Boulevard, Pi 0. bx 1768, Womport.Beach, CR 92SM-170. For further Inforimation, Call Lloyd -ton m f] iWTS83FS �-.`Y^ iiG�- glm.•...i�. a?n °�°�- iii��R� 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO CAMEO HIGHLANDS CONTRACT-NO. 2523 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2523 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: DESCRIPTION ITEM QUANTITY ITEM UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ TWO THOUSAND--------------- - - - - -- Dollars and 00 /100--- - - - - -- Cents Per Lump Sum 2. Lump Sum Traffic control 3. 1000 Linear Feet 4. 224 Linear Feet @ ONE THOUSAND-------------- - - - - -- Dollars and 00/100 Cents Per ump um Construct curb and gutter $ 1,000.00 @ TWENTY ------ -------- ---- - - -- - -- Dollars and ---------- Cents $ 20.00 $_20.000.00 Per inear o0 Construct Type A Retaining Wall @ SIXTY------------------- - - - - -- Dollars and 00 /100-- - - - - -- Cents $ 60.00 $ 13,440.00 Per Linear Foot 11 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 368 Construct Type B Retaining Wall Lineal Feet @ SEVENTY FIVE-------------- - - - - -- Dollars and 00/100- - - - - -- Cents $75.00 $27.600.00 Per Linear Foot 6. 136 Construct Type C Retaining Wall Lineal Feet @ FORTY--------------------- - - - - -- Dollars and 00 /100- - - - - -- Cents $40.00 $5.440.00 Per inear oot 7. Lump Sum Construct slumped block veneer @ ONE THOUSAND-------------- - - - - -- Dollars and 00 /100-- - - - - -- Cents $1.000.00 Per Lump Sum 8. 6050 Construct sidewalk Square Feet @ TWO---------- ------------- - - -- -- Dollars and Fer Square foot 50/100- - - - - -- Cents $-2.50 $15.125.00 9. 75 Construct full depth AC patch Tons @ FIFTY--------------------- - - - - -- Dollars and 00 /100- - - - - -- Cents $ 50.00 $3,750.00 Per Ton EIGHTY NINE THOUSAND THREE HUNDRED & FIFTY FIVE Dollars and 00 /100 Cents $ 89 355.00 Total Price (Words) Tota i rice (Figures) ate. 14 1990 v gF.A.V. Enqineerinq dde _{ 7141 8-2522 06✓�!/C iader'47 s Te ephone Number Authorized Signature/Title 435696 A `J* 17610 Beach Blvd. Suite 32B. Huntington Beach Contractor's License No. & Classification Bidder's Address CA 92647 Page 2 INSTRUCTIONS TO 131DDF16 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTORS 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held respon- sible for bidder errors and omissions in the PROPOSAL. In accordance with the California Labor Code (Sections 1710 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 435696 A ontr's Lic. No. & assi ication Feb. 14, 1990 Date F_.A.V. Engineering bidder i O�.✓C.G Authorized Signature /Title Page 3 DESIGNATION OF SUBCONTRACTORS State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. None F.A.V. Engineering Bidder A__;V07 40r"lle- Authorized Signature Title � 3 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, 0 Page 4 That we, FAV Engineering as bidder, and Merchants Bonding Company (Mutual) , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Amount Bid--------------------- --- - - - - -- Dollars ($10i------- - - - -), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Construction of Pacific Coast Highway Sidewalk Adj.to Cameo Highlands (C -2523) Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 14th day of February . 19 90. (Attach acknowledgment of Attorney -in -Fact) ry Public Commission Expires: FAV Engineering Bidder 7 � AWi✓fiZ Authorized Signature /Title ±»z( I rf? 220 (D _ \ \ 5+[2 F |y! \/ o ±»z( I rf? 220 (D |y! \/ o f i ! ;\ EE;= ) ]E! MERAANTS BONDING CONY — MUTUAL — DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a oxporaton duty organized wrier the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed. and does by these presents make. constitute and appoint Michael A. Quigley of Huntington Beach and stated California its true and {awfha Attorney -in -Fad. with full power and authority hereby conferred in its name, place and stead, to sign• execute, acknowledge and deliver in its behalf as surety: any and all bonds and undertakings in its normal course of business, provided no one bond or undertaking shall exceed the sum of Five Hundred Thousand Dollars ($500,000) and to bind the MERCHANTS BONDING COMPANY (Mutuaq thereby as fully and 0 the sane extent as it such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and an are ads of said Attorney. pursuard to the authority herein given, are hereby ratified and confirmed. This Powerof- Attoney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 6A. — The Chairman of the Board or President or any Vice President or Secretary shall have power and out" to appoint Attorneys -n- Fad, and to authorize them to execute on bethat of the Company, and attach the seal of the Company thereto. bonds and undertakings, recognturic s, contracts of indenWly, and other writings obligatory in the nature thereof. ARTICLE 2. SECTION 6B. — The signature of any authorized officer and the Seal of the Company may be affixed by far simile to any Power of Attorney or Certification thereof auftdzM the execution and delivery of any bond. undertat recognizance. or other suretyship obligations of the Company, and such signature and seal when so used shat have the same lace and effect as though manually fixed. In Witness Whereof. MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and Executive Vice President. and its corporate seal to be hereto affuted, this day 4th of May AA•• 198 9 Attest: MERCHANTS 8ONyD1 _W (Mutual) By Nee Presltlerx •,� ��• - •.ham Rex%seef STATE OF IOWA •., • • •,.• COUNTY OF POLK u. On this 4th day of M ap 19 8l me appeared MJ. Long and Rodney Bliss III, to me personally known. who being by m0 duty sworn did say that they are Vice President and Exe0uf" Vice Presidart respectively of the MERCHANTS BONDING COMPANY (Mukiaq, the corporation described in the taegoing'ahsftmonl and that the Seal affixed to the said instrwnem is the Corporate Saar of the said Corporation and that the said instrument was signed and sealed in behat of said Corporation by out" of its Board of Directors. .. In Testmony Whereof. I have hereunto set my hard and alfaed my Official Seal, #I the City of Des Moines, Iowa the day anhd year Test above written. . 4,0% 3 : IOWA m •: Z 0r ••••.••.. lk, STATE OF IOWA 4 H I A t. S COUNTY OF POLK m. Mr Ca+e.ird.e F+pn. 8.4-89 1, MJ. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby r c 1.*JWjhe above and foregoing is a true and correct ropy d the POWER OF ATTORNEY, executed by sae POKXNG COMPANY (Mutual). which is still in force and effed. �. • T', • A � '.• In tMahess Whereof, I have hereunto set my had and alfhxed the seal Of the Company, at ' �:4� 4�.4A,: this 14th day of February 19. 90 V 1933 : c, .y. C:. This power ofattomeyexpires Until Revoked '•..M.•• :--••�1a.' Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me th i s 15m- day of 1990. My commission expires: FFFICIAL SEAL YIBGINIA UHIGHAN NOTARY PUSUG - GLIEORNA ORANGE GWN7Y NN Cann Eagras Oct.6, 1992 ����✓lliN�C�iq/�1 B i­d der O,WiYE.e Authorized Signature Title Notary PQ11c U. TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1989/90 City Of Paramount $ 200,000 BOB BRAZIL (213)220 -2200 1988/89 City of Westminster $150,000 John Jaobson (714)895 -2876 1989/90 City of Fountain Valley Joseph Zucco (714)965 -4440 1986 to 88 CNB, Lloyd Dalton, Steve Luy (714)644 -3311 FAV Engineering Bidder 0 O.GY.riE•c Authorized Signature Title N0 TI CE The following .contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and Faithful Performance Bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance Companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Ke Ratin Guide: Pro ert - Casualt Coverages shall be prov a as spec a in he an ar peClflCatlonS for Public Works Construction, except as ai Provisions. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. ' i � - u3€iw.,_ '.;,� y r�.:Y "�'' r.:..�k �=- .yam BOND# CAL t3025 • . PREMIUM INCLUDED IN PERFORMANCE B014D Page e PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted FEBRUARY 22. 1990 has awarded to hereinafter designated as the "Principal ", a contract for CONS'T'RUCTION OF PCH SIDEWALK ADJACENT TO CAMEO HIGHLANDS CON'T'RACT #2523 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We FAV ENGINEERING as Principal, and MERCHANTS BONDING COMPANY (MUTUAL) as Surety, are held firmly bound unto the City of Newport Beach, in the sum of EIGHTY NINE THOUSAND, THREE HUNDRED FIFTY NINE AND 00 /NQ lars (S $9,359.00- - - - -j, said sum being equal to 100% of.the estimated amount payable by the City of Newpbrt Beach under the terms of the contract; for which payment well and truly 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, or other supplies, used in, upon, for, or about the performance of the work contracted tob 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 3250 of the Civil Code of the State of California. `c i • • Page 9 Payment Bond (Continued) The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 27TH day of FEBRUARY , 19 90 RING (Seal) Name o Contractor (Principal) OWNl�2 45thorized Signature and Title Y Aut • orize Signature and Title t . MERCHANTS BONDING COMPANY (MUTUALISeal) V Name of urety AZ 85016 J v 51gna ure an e o QTOM orize ent MICHAEL A. QUIGLEY, A Y -IN FAC5200 WARNER AVENUE #1NT B , 92649 Address of Agent 714) 840 -4760 Telephone N6. of Agent !�b / \\ ew� §)® /k) \\{ ;\\ ] }t 2G; 222 �[; 32] ) @ ƒ / \ t « t \ ) % \ }/ )}2 Ck( 4arn �!\ e ( \) \ \\ |a/ aa# \�ƒ k }) £&m \k� $)2 j \) \k} k§§ EE ©/ Ja)2 alai ) § $ ) - i MERMANTS BONDING COISANY - MUTUAL - DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that this MERCHANTS BONDING COMPANY #A**l), a corporsdon duly organized under to laws of the State of lowa and having its principal office in the City of On A1oYhes, Carty of Pok Stele of Iowa, hat, made, constituted and appended. and does by these presents make, constitute and appoint . Michael A. Quigley of Huntington Beach and State of California its true and lawful Attorney- in•Faa, with full power and autxxtty hereby oaderred in its name. place and stead to sign, execute, acknowledge and deliver in its behalf as surely: any and all bonds and undertakings in its normal course of business, provided no one bond or undertaking shall exceed the sum of Five Hundred Thousand Dollars ($500,000) and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as hilly and to the same extent as t such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MAW), and as the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of-Attorney is made and executed pursuant to and by suit" of the fdbwkg By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY ( Mutual). ARTICLE 2. SECTION 6A — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact. and to authors them to execute on behet of the Comparhic and attach the seal of the Company thereto, bonds and undertakirgs, recognizmhce% con"cte of indemnity and other wrrongs obligatory in the nature thereof. ARTICLE 2, SECTION 6B. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof auNoriang the execution and delivery, of any bad, undertakkg, recognizance, or other suretyship obligations of the Company, and such siralure and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof. MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and Executive Vice President and its corporate seal to be hereto affixed, this day 4 t h of May A.D., 198 9 Attest: MERCHANTS BDND1fYGt1 )AW (Mutual) BY Vlcro Pisxitlsnr .•.If�, ••Fill A�g Maierbt STATE OF IOWA •.••••••.• COUNTY OF POLK >W. On this 4th day of Map t9 B before me appeared M.J. Lag and Rodney Bliss III, to no personally dawn, who bekg by me duly svom did say do Nay are Vice President and Executive Vice President respectively of to MERCHANTS BONDING COMPANY (Mutual), the corporation desor bed in the foregoing tnstnrnent, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was sired and sealed in behalf of said Corporation by authority of its Board of Directors. .. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. • Q 7 • 3 : IOWA in 9.91 At STATE OF IOWA COUNTY OF POLK o. I, M.J. Lag, Vice Presided of the MERCHANTS BONDING COMPANY (Mutual), do I foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by COMPANY (Mutual), which is still in force and effect. In Witness Whereof, I have heraono set my hand and 8ffaed the seal of the Comperry, at this 27TH day of FEBRUARY t9, 90 MY cm.nbrlon Env: 8.4-89 above and This power of ataiey mom Until Revoked ••���'•••••'• \1�' BONIV CA113025 • PREMIUM: $2,234.00 Page 10 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted FEBRUARY 22, 1990 — r - has awarded to FAV hereinafter designated as the "Principal ", a contract for CONSTRUCTION OF PCH SIDEWALK ADJACENT TO CAMEO HIGHLANDS (CONTRACT# 2523) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach; WIiEREAS, 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 FAV ENGINEERING as Principal, and MERCHANTS BONDING COMPANY (MUTUAL) as Surety, are held firmly bound, unto the City of Newport Beach, in the sum of r,IGHTY--NJN—nM5AND,.THREF HUNDRFn FTpTy NINE : J/ 1 1 1 1. • ($89_359,00 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 made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and sbve 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 Page 11 Faithful Performance Bond (Continued) or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that the principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 27TH day of FEBRUARY , 19 go. FAV ENGINEERING (Seal) Name of ontractor Principa BY: 04-YN6C. uthorize Signature and Title BY: Authorized Signature and Title MERCHANTS BONDING COMPANY (MUTUALISeal) Name of Surety nq, PHORNIX_ AZ 85016 5200 WARNER AVENUE, Ii105, T, BCH,, A 92649 Address of Agent (714) 840 -4760 Telephone No. of Agent 2 ) . \ / ] b co %a t �k | \ kt: 0 ■/0 u � ;% El 2 ■ §! OE ^ag|M760 .0 27) %\[ w2�ika]�I \■�`« *i ) / §. q ƒ,§ {);E /(| = �(�, |r)-5E 3/] ± a!f& f \ - f ` \ % °` 4 j MERAANTS BONDING COOANY - MUTUAL - DES MOINES, IOWA POWER OF ATTORNEY Know All Man By These Reser", that the MERCHANTS BONDING COMPANY (MMmuaQ, a corporation dub organized under the laws of the State of Iowa, and having is prime office in the City of Des Moines, Canty of Polk. Slate of Iowa. hath made, corredMed and appointed, and does by these presents make, constitute and appoint Michael A. Quigley of Huntington Beach and State of California its true and lawful Aftorney4n -Fact, with tun power and autwdly hereby corhtened in its name, place and stead, to sigr% execute. aduvwledge and deliver in ss behalf as surety: any and all bonds and undertakings in its normal course of business, provided no one bond or undertaking shall exceed the sum of Five Hundred Thousand Dollars ($500,000) and to hind the MERCHANTS BONDING COMPANY (Mutual) thereby as luny and to the same extern as it such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and at the ads of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power- ot- Attomey, is made and executed pursuant to and by authority M the following By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION SA. — The Chairmen of the Board or President or any Voce President or Secretary shat have power and aL*" to appoint Ahomeys -in- Fad. and to authorize them to exeaAe on behalf of the Canpartx and Made the seal of the Compam thereto, bonds and undertakings. moognizarwes, contracts of ndenxdy and other wn rings obligatory in the nature thereof. ARTICLE 2, SECTION 68. — The sgnature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof audxxu rg the execution and delivery of any bond. undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shelf have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and Executive Vice President, and its corporate seal to be hereto affixed, this day 4th of May A.D.. 198 9 Attest: MERCHANTS BONplNWtMi/f`MY (Mutual) By o- Yks uawr•hx '•- YIY..'f+t`01A pmwf r STATE OF IOWA '•,,;�„ COUNTY OF POLK sa. On this 4th day of M a v 19 8 q before me appeared M.J. Lang end Rodney BNSS III, ro me personalty known, who being try rtha duly sworn did say that they are Vice President and Executive Voce President respectively of the MERCHANTS BONDING COMPANY (Mutual), the caporetbn desaiDed in the W090 4V khsaurmenL and that the Seal affixed to the said Instrument is the Corporate Seal of the said Corporation and that the said ihsaument was signed and sealed in behad of said Corporation try authority of is Baird of Directors. In Testimony Whereof, I have thereunto set my hand and affixed my OtkW Seal, at the City of Des Moines. Iowa the day and year fast above written. sr�.G• BRu4, ••'. • 3 : IOWA m .• � Or' .......•yip )W- 1. M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do 1 foregoing is a true and coned copy of the POWER OF ATTORNEY, executed by COMPANY (Mutual), which Is still In face and sled. STATE OF IOWA COUNTY OF POLK s In Witness Whereof, I have hereunto set my hand and affixed ere seal of the Canpar* at this 27TH day of FEBRUARY t9. 90 1 -w wy Cah.ef E.Pi 8.4.89 n,y power ofanor ey exph Until Revoked '•;lN.... •.. above and Page I2 aQ9 Cf?IIAPAbUES :I FOWNG COVERAGE _ FREtT BRUNfit INSURANCE AGENCY 14441 BEACH BLVD., S -220 COMPANY AOT1�¢DRLE iI1NSRANCE COMPANY LETTER WESTMINSTER, CA..92683. COMPANY B TRUCK INSURANCE EXCHANGE LETTER FARMERS INSURANCE GROUP OF COMPANIE INSURED .. FRANK VILLELA DBA: FAV ENGINEERING COMPAW C STATE FUND 1.7610 BEACH BLVD. S 32 LETTER :kv WAG 6; ... ',n. "s. �t r. rzy., I `:Y;r. `yt[ t�� . .:E .: „ i!i � . .y�L ... rv� a . � 4.. p 1� To f VRESf IPEGT RDkiA7LD. NtlMl11H8TANOMp ANY LEQUIIFJEI'/i. TEAM -CLI CONpTpN OF ANY CONTRACT OR OTHER DOCUMENT WITH TO MAOC" THIS CERTffNCATE MAY BE ISSUED OR MAY F9RAEN, THEI SURANOE AFFORDED BY THE POILIOU DESCRIBED HEWN IS SUBJECT TO ALL THE TERMS. o�t�Orre: AND corDETIDNB -OF SUCH POLICES AND IS NOT AMENOM EMENDED. OR ALTERED BY THIS CERTIFICATE - TYPE OF INSURANCE POLICY 1ARtfBER N F70'RAWA�TION ._J'.- ALL LIMITS w THOUSANDS - �. _ ... . ,. .. .. .. GENERAL LJABRJTY - .. GENERAL AGGREGATE $ 1770 (O�A"CE BASIS ONLY) � � - $ 1000 COMMERCIAL ° GIVE GLS 281847 8/15/89 8/15/9 0. �s oaYrnACr°Re PEA90NAL INJURY S ACONTRACr. .a coww L FOR SPECIFIC CITA - _ - - - . EACH OCCURANCE S PRODUCTS /COMPL OPER - rl XCU. HA NW .. 'm BROAD FORM PROP. DAMAGE - - - - C3 OB43MELITY OF INTEREST FIFE DAMAGE S CLAUSE EANY ONE FIM ❑ PERSONAL WAY YMT" - EMPLOYEE EXCLUSION MEDICAL EXPENSES S REMOVED MANnE CAW ONE PERSON) AUTOMOBILE TM COMBINED SINGLE LIMIT 1 000 1491 87 86 3/23/89 3/23/90 BO � �,� : r� NOMFONVMED -_ - PDAM :1000 ` d ^ - AGE , EXCESS- LIABILITY. EACH AGGREGATE .. UMBRELLA FORM - r�z.`3'�' OCCURRENCE OT}BL TEXAN- IR tBgELIA FORM . : ... a. WORIWAE•. COMPENSATION . -. - S - EACH ACCWENr C EMPLOVERS' 606107 10/21/8 10/21/ DISEASE -POLICY UM IT - - S DISEASE -EACH EMPLOYEE LON04HOFANMWB AND HARBOR WORKERS'. STAMOM COMPENSATION . . DESCRIPTION OF OPM7IONBAACA NSISPECIAL.IfEMs;_ ALL OPERATIONS PERFORMED FOR THE CRY OF NEWPORT BEACH BY OR ON BEIMLF OF THE WANED INSURED IN CONIECRON WD" TNE.,FOLLOWREG CONTRACT: - Construction Of PCH Sidewalk Adjacent To Cameo Highlanda enntrart #2523 PROJECT TITLE AND CONTRACT NUMBER 0. ]2 le.n i, T ^LV'uyT]*i";.;f �� i< e t, AGki4tt]. -. r• .'�....wx: Pita«.. ,�.. �'i+dw <,.x�.,..:w.,..��w„° ���. a�3, �. x... BNOUID ANY OF THE ABOVE OE?SCWW POLICIES BE NOILREHEWED, CRY'OF NEWPORT BEACH - CANCELLED OR COVERAW REDUCED BEFORE THE i-7XPBtATTOH -DATE TTEE - - P.O: BOX 1788 - COMPANY AF WING- 84NALL PROVIDE W DAYS MBE. ADVANCE - NEVVPORT BLVD. - : N tIE F IBkPOR[ _BE" BY REOIRTERED MAIL P1E7WPOF[T BEAM, CA. 62W64915 Al _ ,w s Page 13 "CITY -OF NEWPORT BEAU AUTiMILE_ TY IN; SEMENT It is agreed.that; 1. With respect•to such ins urance asis. .y the policy for Automobile Liability, the City of Newport.Beach,'its officer ployees are additional insureds but only with respect,to.liability for damages arising out of the ownership, maintenance or.use of automobiles for autos) used by or, on be of .,the named insured in connection with the contract designated below. The insu*.��by this endorsement to said additional insured does not apply to boproperty damagearising out of automobiles (1) owned by or registered an additional insured, or (2) eased or rented 'by an additional insurated by an; additional insured. The insurance afforded said additional.1 appi1� Dfi:pridwry insurance and n0 other insurance maintained by the Ci each :pait... iie` called upon to . contribute with insurance provided by this policy: 2 .Ne poky iacludes the following provision: :.. , "The insurance afforded by the policy applies separately to each insured who is seeking .. coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph. 1. of this endorsement shall be the"limits indicated below for either IWltiple Limits or Single Limit: (.) Multiple limits Bodily Injury Liability f per person Bodily Injury Liability f per accident Property Damage Liability f . (.).Combined Single Limit Bodily injury Liability and Property Damage Liability f_iQ0 000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non- renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 3D days- advance notice to the City of Newport Beach by, registered mail, Attention: Public Works Department. 5. Designated Contract: Constiuctiot Of PC)i iS dew d' n�t �T�o eCgag LIUhland ro act itle an ontract No.1 Contract 12523 This endorsement is.effective 2Z26/r_ at 12:01 A.M. and forms a part of Policy No. 1491 87 86 of FARw!ERS INSUP.4NCE GR011 vea ge rP OF COMPANIES _ ompany or ng Insured .FRANK VILLELA Endorsement No. _ Producer .FRED BRUNNER By RON DICKINSON .1 Z*NzZ% or ze epresen ve M .t � 1 other contribute with insurance=: 0, is 2. The policy includes the following provision Page 14 yr General Liability the" insureds, but- 001Y": Witt 9#ihE��e6': - itAS dt,tire" r§LeT'2t18ns - Th1 :a"nce " "_and, do tbd:upon to "The insurance afforded by the policy applies separately to, RFUrgd -against chap 5 liab911ty of claim is made or suit is brought, except with respect to „ the company affording coverage. Y r 3. The insurance afforded by the policy for Contractual Liabi Insurance (subject to "the terms, conditions and exclusions applicable to.such insuranl.+idas liability h ;Vales rovision assumed by by the named Ansured under the indemnification or hold• a s p _ tained in the written contract designated below, between. the named insured and the . City of Newport Beach. 4. With respect to such insurance as is afforded by,this "policy, the:exclusl0t, if any, . pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to cos "XCU" hazards) are deleted. 5. The limits of liability under this - endorsement for the additional insureds) named in Paragraph 1. of this endorsement shall be the limits indicated belay written on an "Occurrence" basis: O Commercial > W Comprehensive - General Liability each occurrence S 1, Goo, M, -aggregate The applicable limit of Contractual Liability for the tawny affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of - liability as stated in this endorsement -shall not increase the total liability of the company affording coverage for ali damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention:. public Works Department. 7. Designated Contract: ro ict Title and,Contract o. This endorsement is effective 2/25/90 - at 12:01.A.M. and forms..a part of - Policy No. QLS 281847 of mta� 'ate ny. or ng ov aj- - Insured FRANK EE RLLELA Endorsement No._ Producer F N 1sRIINNER By . z an ve r ;_ :� :. �, . - � _, �;_ �,x� .= - �- , ;�„ �� ��_. ':, � � -- t �.. �- �;.;;.. r -: c - a • �: P2[g� i5 CONTRACT THIS AGREEMENT,.entered into ,.this / day of ,/ 19, by and between the CITY OF NEWPORT BE4Cli, h inafter "Ci,y' aan — FAV En ineerin , hereinafter "Contractor, "is made with reference to the f o I owing facts: (a) City has heretofore advertised for bids for the following described public work: t e of Pro3ect Con r2act. No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work,. and Contractor's bid, and the compensation set forth in this contract,.is based upon a careful examination of all .plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: PCH Sidewalk Ad acent'td <:Cameo Highlands C 2523 t e of ro3ect on ram which project . is more fully described in the contract documents. Contractor f shall ..perform and complete +this work in a good and workmanlike manner; and in `: accordance with all -.of :,the contract documents. . 1. 2 As full compensation for the performance and completion of this work as. prescribed above, City shall. pay to Contractor the sum of Fx± r d! CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO CAMEO HIGHLANDS CONTRACT NO. 2523 SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . 1 II. CLASSIFICATION OF CONTRACTOR'S LICENSE . . . . 1 III. TIME OF COMPLETION . . . . . . . . . . . . . . 1 IV. HOURS WORKED . . . . . . . . . . . . . . . . . 1 V. PAYMENT . . . . . . . . . . . . . . . . . . . . 2 VI. CALTRANS PERMIT . . . . . . . . . . . . . . . . 2 VII. PRIVATE PROPERTY . . . . . . . . . . . . . . . 2 VIII. WATER . . . . . . . . . . . . . . . . . . . . . 2 IX. CONSTRUCTION SURVEY STAKING. . . . . . . . . . 2 X. CONSTRUCTION DETAILS . . . . . . . . . . . . . 3 A. Removals, Excavation & Subgrade Preparation 3 B. Existing Utilities . . . . . . . . . . . . 3 C. Slumped Block Wall . . . . . . . . . . . . 3 D. Slumped Block Veneer . . . . . . . . . . . 4 • SP 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO CAMEO HIGHLANDS CONTRACT NO. 2523 I. SCOPE OF WORK The work to be done under this contract consists of constructing concrete sidewalk, curb and gutter, concrete block retaining wall, miscellaneous asphalt concrete pavement; and other incidental items of work as necessary to complete the work in place. All work necessary for the completion of this contract shall be done in accordance with the attached Caltrans Encroachment Permit and with (1) these Special Provisions, (2) the Plans (Drawing No. R- 5533 -S) (3) the City's Standard Special Provisions and Standard Drawinos for Public Specifications for Public Works Construction, (19 E ition, including Supplements), and 5) the attached ncroac ment permit of the Department of Transportation ( Caltrans). Copies of the Standard Special Provisions and Standard Drawings may be purchase at t the Public ors epar ment for Five Dollars ). Copies of the Standard Specifications may be purchased from Building News, Inc., 3 5� 5 O'verland venue, Los Angeles, California 90034, telephone (213) 870 -9871. II. CLASSIFICATION OF CONTRACTORS LICENSE At the time of award the Contractor shall possess a General Engineering Contractor A license, a Specialty Concrete Contractor C -8 license, or a Specialty Masonry Contractor C -29 license. III. TIME OF COMPLETION All work under this contract shall be completed by June 1, 1990, or within 54 consecutive calendar days after the start of construction, whichever occurs first. IV. WORK HOURS City ordinance limits working hours (including equipment maintenance) to Monday through Friday from 7:00 a.m. to 6:30 p.m. and Saturday from 8:00 a.m, to 6:00 p.m. No work shall be performed on Sundays or holidays. V. PAYMENT SP 2 of 4 The unit price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal (for example: sawcutting, demolition, excavation, etc.) shall be included in the unit price bid for related items of work. Partial payments for Mobilization shall be made in accordance with Section 10264 of the California Public Contract Code. VI. CALTRANS PERMIT The Contractor shall comply with all provisions of the attached Department of transportation (Caltrans) Encroachment Permit. He shall obtain a rider from the Orange County Caltrans office, 2501 Pullman Street, Santa Ana, CA prior to commence of work. He shall pay Caltrans fees for the rider and shall be reimbursed (without markup) for said fees by the City of Newport Beach. VII. PRIVATE PROPERTY A portion of the Contractor's work may include sloping the embankment behind the North right -of -way of Pacific Coast Highway. The owners of private property behind the right -of -way have executed rights -of -entry allowing the sloping. The Contractor shall protect the owners' private improvements and be solely responsible to repair damage caused by his work. Ice plant and other slope vegetation removed by the Contractor need not be replaced. Irrigation pipe (if existing) shall be cut and capped. VIII. WATER If the Contractor desires to use City's water, he shall arrange for meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to City, the deposit will be returned to Contractor, less a quantity charge for water usage. IX. 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 registered civil engineer or licensed surveyor. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals required to achieve the tolerances specified in the Standard Specifications. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. q • SP 3 of 4 X. CONSTRUCTION DETAILS A. Removals, Excavation and Subgrade Preparation 1. Existing P.C.C. or A.C. improvements to be removed shall be sawcut at minimum two (2) inches deep along property lines and join lines as shown on the plans. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Final removal accomplished by other means, such as hard -blow pavement breakers and stompers, shall be approved by the Engineer. 2. Pavement and concrete that is removed and not suitable for reuse as crushed miscellaneous base shall become the property of the Contractor and shall be disposed of at the Contractor's expense in a manner and at a location acceptable to congnizant agencies. All costs for providing removal and disposal shall be included in the unit price bid for the related item of work. B. Existing Utilities The Contractor shall adjust to finish grade all City -owned water meter boxes, water valve covers and street lighting boxes prior to the placement of pavement and sidewalk. The Contractor shall provide adequate advance notification to agen- cies other than the City so that agencies may adjust or relocate their utilities in a timely manner. C. Slumped Block Wall 1. Drain pipe behind the retaining wall and under sidewalks shall be 4 -inch diameter perforated and solid wall, respectively, Schedule 40 PVC. PVC caps shall be installed at upstream ends of drain pipe. 2. Footings shall be Class 560 -C -3250 portland cement concrete placed against undisturbed soil and backfill densified to 95% minimum relative compaction. 3. All cells shall be filled solid with grout and rodded. Reinforcing steel shall be lapped 40 diameters minimum. 4. Walls shall not be backfilled until grout has obtained a strength of 2,000 psi minimum. 5. Backfill shall be native free draining soil or imported soil that has a sand equivalent of 20 minimum. Ponding or jetting will not be permitted. 6. Backfill shall be densified to 85% minimum relative compaction and graded to join the existing native slope. Non - rooted plant material and excess soil and backfill shall be disposed from the site. SP 4 of 4 7. Gravel at top of wall shall be course Aggregate Grading No. 2. 8. Block shall be beige "La Paz" slumped block as manufactured by ORCO Block Company, Inc. or equal. 9. Mortar shall be tinted to match color of block and veneer. D. Slumped Block Veneer 1. Veneer shall be cut from beige "La Paz" slumped block. 2. Veneer shall be placed to align with courses of the adjacent retaining walls. 3. If face of veneer is in different plane than faces of adjacent retaining walls, the Contractor shall either build up thickness of veneer or return ends of veneer to match adjacent walls. 4. The Contractor's method of attachment of veneer to existing block wall shall be approved by the Engineer prior to ordering veneer materials. 5. The Contractor shall remove existing block wall cap and construct (build up,if necessary) mortar cap to match cap of adjacent walls. 6. As an option to the above, the Contractor may remove existing wall and construct slumped block wall to match adjacent walls. DEPARTMENT OF TRANSPORTATION (CONS) E- M- P- MCH(RKM PERMIT D NCR 2A REY 2 2) In compliance with (check one): X Your application of AUGUST 08, 1989 Utility Notice No. Agreement No. R/W Contract No. TO: CITY OF NEWPORT BEACH P. O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 ATTN: LLOYD DALTON Permit N 1289 -NMC -0416 Dist /Co /Rte/PM 12 -ORA -001- 14.65/15.28 Date: August 9, 1989 Fee Paid Deposit $EXEMPT $ Bond Amount: Bond Company: Bond Number: , PERMITTEE and subject to the following, PERMISSION IS HEREBY GRANTED to: enter State right of way along the inland side of Pacific Coast Highway, ORA -01, between Cameo Highlands Drive and Morning Canyon Drive in the City of Newport Beach, to construct curb, gutter, sidewalk, block retaining wall, P.V.C. curb drains and wheelchair ramp, all in accordance with current Caltrans Standard Specifications and Standard Plans, the attached Provisions and Permit Plans dated AUGUST 09, 1989. Permittee shall notify the State Permit Inspector BOB SCHAPER at 714/639 -6851 and State Electrical Inspector BOB CURL at 213/620 -2030 between 0700 and 0900 a minimum of two working days prior to the initial start of work. The following attachments are also included as part of this permit (Check applicable): X Yes No General Provisions Yes X No Utility Maintenance Provisions X Yes No Special Provisions SEE SHEETS 2 & 3 Yes No A Cal -OSHA permit is required prior to beginning work. Permit No: CONTINUED ON SHEET 2 In addition to fee the permittee will be billed actual costs for: Yes X No Review X Yes No Inspection X Yes No Field Work by Caltrans Mtce Yes N.A. The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before JUNE 15. 1990 . This permit is to be strictly construed ano no work, other than that specifically mentioned above, is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. Distribution: APPROVED: ORANGE (2) I KEITH E. MCKEAH, District Director SCHAPER BOB CURE i BY. A. ANGUTANO ssociate District Permit Engineer 5 CITY OF NEWPORT BEA � 1289 -NMC -0416 If the work authorized by this permit is to be performed by contractors forces for a Public Agency, the Permittee's contractor shall furnish the State with a signed application requesting a separate Caltrans permit authorizing the contractor to perform the work within the State Highway right of way for the Permittee The Permittee's contractor will be required to reimburse the State for the cost incurred for engineering inspection of the work within the State right of way and other permit related field work performed by Caltrans Maintenance Forces. At the time of application, a deposit of $1705.00 will be required. In addition to the attached General Provisions, form DM- M- P -202B, the following Special Provisions are applicable: 1- Permittee shall arrange a pre- construction meeting with his contractors, State Electrical Inspector Bob Curl (213/620 -2030) and the State Permit Inspector to insure a complete understanding of the work and the permit requirements. 2- Permittee, his agents or contractors are bound by and shall comply with all the provisions of this permit and the instructions of the State Permit Inspector while performing any work authorized by this permit. 3- All traffic control shall be provided, installed and maintained by the Permittee in accordance with State Standards and subject to the approval of the State Permit Inspector. Work which requires traffic control shall only be performed on weekdays between 9 A.M. and 3 P.M.; pedestrian traffic shall be protected at all times. 4- California Highway Patrol Area Commander shall be notified at least 48 hours prior to implementing traffic control. 5- All traffic control which requires lane closures shall be in compliance with the appropriate STANDARD PLANS traffic control plan. Where required by the plan, the use of a flashing arrowboard is MANDATORY. Work under this permit shall only be performed AFTER September 17, 1989 and completed BEFORE June 15, 1990. 6- Orange vests and hard hats shall be worn-.at all times while working within State right -of -way. 7- A minimum of two days prior to the start of any excavation authorized by this Permit, Permittee shall notify UNDERGROUND SERVICE ALERT at 1- 800 - 422 -4133. 8- In the event of any discrepancy between the Permit Plans submitted by the permittee and these Special Provisions, the Special Provisions shall prevail. The proposed wheelchair ramp shall conform to STANDARD PLANS Sheet N8 -B, Case 'E' and shall be located as approved by the State Permit Inspector. CONTINUED ON SHEET 3 2 b ,F CITY OF NEWPORT BEA* • 1289 -NMC -0416 10- The proposed retaining wall shall be constructed to meet or exceed the requirements of STANDARD PLANS Sheet B3 -11. Adequacy of design and construction of the retaining wall, including protection of the existing slope, shall be the full responsibility of the City of Newport Beach. The City shall° provide a geologist and full -time inspector during construction of the wall to ensure that the work meets or exceeds State Standards. Prior to construction of the retaining wall, the City's geologist shall conduct a soils investigation of the site and direct procedures to ensure that the bearing capacity of the foundation material will meet design requirements for bearing pressures. eF 11- THE CITY OF NEWPORT BEACH HEREBY AGREES TO ASSUME FULL RESPONSIBILITY FOR MAINTENANCE AND LIABILITY OF THIS PROPOSED RETAINING WALL; THIS CONDITION SHALL CONTINUE IN PERPETUITY. 12- If existing public or private utilities conflict with the construction of the PROJECT, PERMITTEE will make necessary arrangements with the owners of such utilities for their protection, relocation or removal. PERMITTEE shall inspect the protection, relocation or removal of such facilities. Total costs of such protection, relocation or removal which State or PERMITTEE must legally pay, will be borne by PERMITTEE. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with State policy and procedure. PERMITTEE shall require any utility company performing relocation work in the STATE's right of way to obtain ar State Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the as -built plans. 13- When constructing concrete sidewalk or wheelchair ramp, if in the opinion of the State Permit Inspector the basement material is unsuitable, it shall be removed to a depth of not less than four inches (4 ") and the resulting space filled with sand or gravel of a quality satisfactory to the State Permit Inspector. 14- Sidewalk, wheelchair ramp, driveway, curb and gutter shall be constructed of Class A Portland Cement Concrete. 15- Upon completion of this work, Permittee shall submit three copies of the "As- Built" plans to the State Permit Inspector. 99- Immediately following completion of the work permitted herein,. the Permittee shall fill out and mail the Notice of Completion attached to this permit. '7 L .t. 0 DEPARTMENT OF TAANSPORTAnON ENCROACHMENT PERMIT GENERAL PROVISIONS DM M P 2020 /Rev. 1 /99) 1. PA 3. 4. 5. 6. 7. B. Authority: Each Encroachment Per- mit is Issued in accordance with Chap- ter 3 of Division 1. commencing with Section 660, et seq. of the Streets and Highways Code(SHO. Revocation: Except as otherwise pro- vided for public corporations. fran- chise holders. and utilities. En- croachment Permits are revocable on five (5) days notice. These General Pro- visions. Utility Maintenance Pro- visions. and any Encroachment Permit Issued hereunder are revocable orsub- ject to modification or abrogation at any time, without prejudice, however. to prior rights, Including those mf dery ced by joint use agreements. franchise rights. reserved rights. or any other agreements for operating purposes in the State highway right -of -way. Responsible Party: No party other than the named permittee or their agent is authorized to work under any permit Acceptance of Provisions: It is understood and agreed by the permit - tee that the doing of any work under this permit shall constitute an accep- tance of the provisions of this permit and all attachments. Notice PriortoStartingWoric Before starting work under the Encroach- ment Permit the permittee shall notify the designated Department represen- tative two (2) working days prior to ini- tial start of work When work has been interrupted for more than five(5) work- ing days, an additional 24 -hour notification is required before restart- ing work unless a pre- arranged agree- ment has been made with the Department's representative Unless otherwise specified all work shall be performed on weekdays and during normal working hours of the Depart- ment's representative Standards of Construction: All work performed within the highway shall conform to recognized standards of construction and the current Depart- ment Standard Specifications, Stan- dard Plans and Manual on High and Low Risk Facilities Within Highway Rights-of-Way and any Special Pro- visions relating thereto. Inspection and Approval by the Department All work shall be subject to monitoring inspection and approval by the Department The per - mittee shall request a final Inspection and acceptance of the work Keep Permit on the Work Site: The Encroachment Permit or a copy thereof shall be kept at the site of the work and must be shown to any rep- resentative of the Department or any law enforcement officer on demand WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE AS PROVIDED. 9. ConNetin` Permits If a prior encroachment conflicts with the pro- posed work the new permittee must arrange for any necessary removal or relocation with the prior permitter Any such removal or relocation will be at no expense to the Department 10. Permits From Other Agencies The party or parties to whom a permit is Issued shall, whenever required by law. secure the written authorization for any work that must be approved by the Public Utilities Commission (PUC) of the State of California, CALOSHA, or any other public agency having jurls- diction. Failure to comply with the law, as noted above will invalidate the Department's permit 11. Provisions for Pedestrians Where facilities exist a minimum sidewalk and bikepath width of four feet (41 shall be maintained at all timesforsafe passage through the work area At no timeshall pedestrians be diverted onto a portion of the street used for vehicular traffic At locations where adjacent alternate walkways cannot be provided appropriate signs and barricades shall be installed at the limits of construction and in advance of the closure at the nearest crosswalk or intersection to divert pedestrians across the street 12. Protection of Traffic Adequate pro- visions shall be made for the protection of the traveling public Warning signs, lights and safety devices and other measures required for the public safety, shall conform to the require- ments of the Manual of Traffic Controls issued by the Department Traffic control for day or nighttime lane closures shall be in conformance with Department Standard Plans for Traffic Control Systems. Nothing In the permit is Intended as to third parties, to impose on permittee any duty, or standard of care, greater than or dif ferent than the dutyorstandard ofcare Imposed by law. 13. Miltdmam Interference with Traf- fic- All work shall be planned and car- ried out so that there will be the least possible Inconvenience to the travel- ing public The permittee 1s authorized to place property attired flagger(s) to stop and warn conventional highway traffic Traffic shall not be unreason- ably delayed Flagging procedures shall be In conformance with the Instruc- tions to Flaggers pamphlet and/or Manual of Traffic Controls for Construction and Maintenance Work Zones issued by the Department 14. Storage of Equipment and Materials: The pen rittee shall install temporary railing(lype 10 between any lane carry- ing public traffic and any obstacle, material stored or equipment parked within twelve feet (121 of the lane n 15. 16. 17. 18. 19. 20. ;21. Utilities arc subject to the provisions of Section 22512 of the California Vehicle Code(CVC). CareofDrainajs If the work contem- plated in any Encroachment Permit shall Interfere with the established drainage, ample provision shall be made by the permittee to provide for it as may be directed by the Department MatlogRepatrs Ineverycase,theper- mittee shall be responsible for restor- ing to its former condition as nearly as may be possible any portion of the State highway facility which has been excavated or otherwise disturbed by permitter The permittee shall main- tain the surface over facilities placed under any permit If the highway 1s not restored as herein provided for, or if the Department elects to make repairs, permitme agrees by acceptance of per- mit to bear the cost thereof. Permits for Record Only- If occupa- tion of highway right -of -way is under joint use agreement or under prior easement Encroachment Permits will be Issued to the permittee for the pur- pose of providing the Department with notice and a record ofwork The permit will also specify the current terms and conditions relating to public safety No new or different rights or obligations are intended to be created by the permit in such cases, and all such prior rights shall be fully protected Encroachment Permits issued in such cases shall have designated across the face thereof "Notice and Record Purposes Only'. (District Office of Right of Way must give approval for this designation) Clean Up Riahbol -Way. Upon com- pletion of the work all brush. timber, scraps. material. eta shall be entirely removed and the right -o(- -way shall be left in as presentable a condition as existed before work started CostoMorlc Unless otherwise stated on the permit orotherseparate written agreement all costs incurred for work withing the State right -ofway pur- suant to this Encroachment Permit shall be borne by the pennittee, and permittee hereby waives all claims for Indemnification or contribution from the State for such work Actual CostHDWng: Whenthepermit- tee is to be billed actual costs (as indicated on the face of the permit), such costswill beat the current hourly rate established by the Department for Encroachment Permits. Submit Plum For installation of all underground facilities. and all surface work or other activity of consequence, the permittee shall furnish five (5) sets of plans showing location and con- struction or other activity with Its application Thirty (30) days after 22. 23. 24. W completion rim ? acceptance of the work one (I I set of as built plans shall be submitted to the District Bonding: This permit shall not be effective for any purpose unless. and until the permittee files with the Department a surety bond when required by the Department in the form and amount required by the Department A bond is not ordinarily required of any public corporation or publicly or privately -owned utility but will be required of any utility that falls to meet any obligation arising out of the work permitted or done under an Encroachment Permit or fails to main- tain its plant work or facilities. The said bond shall remain In force for a period of one (1) year after acceptance of the work by the Department lialntenance of Highways: The permittee agrees, by acceptance of a permit to properly maintain any encroachment This will require inspection and repair of any damage to State facilities resulting from the encroachment ResponsibililyforDamaga The State of California and all officers and employees thereof, Including but not limited to the Director of Transporta- tion and the Deputy Director. shall not be answerable or accountable in any manner, for injury to or death of any person, including but not limited to thepermittee. personsemployed bythe permittee. persons acting in behalf of the permittee or for damage to pro- perty from any cause The permittee shall be responsible for any liability imposed by law and for injuries to or death of any person. Including but not limited to the permittee persons employed by the permittee, persons acting in behalf of the permittee or damage to property arisingout ofwork or other activity permitted and done by the permittee under a permit or aris- ing out of the failure on the permittee s part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the pro- grew of the work or other activity, or at any subsequent time work or other activity is being performed under the obligations provided by and contem- plated by the permit The permittee shall indemnify and save harmless the State of California and all officers and employees thereof, Including but not limited to the Direc- tor of Transportation and the Deputy Director, from all claims, suits or actions of every name kind and des- cription brought for or on account of Injuries to or death of any person Including but not limited to the permittee persons employed by the permittee persons acting in behalf of the permittee and the public or damage to property resulting from the 0 performance of work or other activity under (lie penult or arising out of the failure on the permittees part to per- form his obligations under any permit in respect to maintenance or any other obligations. or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work or other activity or at any subse- quent time work or other activity is being performed underthe obligations provided by and contemplated by the permit except as otherwise provided by statute. The duty of the permittee to tndemnify, and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code The permtttee waives any and all rights to any type of expressed or implied indemnity against the State its officers or employees It Is the intent of the parties that the permittee will Indemnify and hold harmless the State its officers and employees from any and all claims. suits or actions as set forth above regardless of the exiw tence or degree of fault or negligence whether active or pamlve primary or secondary on the part of the State, the permittee. persons employed by the permittee or persons acting In behalf of the permittee. 25. Federal Civil Rights Requirements for Public Accommodation A The permittee for himself, his personal representatives. successors in interest and assigns. as part of the considera- tion hereof, does hereby covenant and agree that. 1) no person on the grounds of race, color, or national origin shall be excluded from participation in, be dented the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no dis- crimination shall be practiced to the selection of employees and contrar tors by contractors in the selection and retention of first -tier subcontrac- tors in the selection of second -tier subcontractors 3) that such diw crimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating sleeping, rest recrea- tion). and operated on, over, or under the space of the right -of -way, and 4) that the permittee shall use the pre- mises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations. Commerce and Foreign Trade Subtitle A Office of the Secretary of commerce Part 8 (15 C.F.R. Part 8) and as said Regulations may be amended S That in the event of breach of any of the above nondiscrimination covenants the State shall have the right to ter- minate 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 of Issued 26. No Precedent Established:- this per- mit is issued with the understanding that any particular action is not to be considered as establishing any precen- dent (1) on the question of the expediency of permitting any certain kind of encroachment to be erected within right -of -way of State highways. or (2) as to any utility of the accep- tability of any such permits as to any other or future situation 27. Archaeological: The permittee shall cease work In the vicinity of any archaeological resources that are revealed The Permit Engineer shall be notified immediately. A qualified archaeologist retained by the petmit- tee, will evaluate the situation and make recommendations to the Permit Engineer concerning the continuation of the work 28. Future Moving ofraa*alratlons If the Encroachment Permit was Issued at the request of the permittee. it is understood that whenever Slate con- struction, reconstruction or main- tenance work on the highway requires the installation to be moved adjusted or relocated the permitted, at his sole expense, upon request of the Depart- ment shall comply with said request 29. Prevailing Wages Construction. alteration, demolition, repair or main- tenance work performed under a per- mit Issued by the Department oPlrans- portation may require the owner /per- mittee to pay all workers employed by the contractorand subcontractors the appropriate predetermined prevailing wage rates as set by the Director of the Department of Industrial Relations. See California Labor Code. Division 2. Part 7, (commencing with section 1720). Streets and Highways Code. Chapter3, Arilcle 2 Section 671.1- and Opinion of the Attorney General of the State of California. No. 86 -803. dated December 31. 1986. Inquiries or requests for Interpret- ations relative to the enforcement of prevailingwage requirement should be directed to the State of California Department of Industrial Relations. 525 Golden Gate Avenue, San Fran- cisco, California 94102. • 9 FEB 2 = TO: City Council FROM: Public Works Department February 26, 1990 CITY COUNCIr 4 AGENDA ITEM NO. 3�R SUBJECT: PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO CAMEO HIGHLANDS - (C -2523) RECOMMENDATIONS: Award Contract No. 2523 to F.A.V. Engineering, Inc. for the total bid price of $89,355, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on February 15, 1990, the City clerk opened and read the following bids for this project: Bidder Total Bid Price Low F.A.V. Engineering, Inc. $ 89,355.00 2 J. Kovac Construction 114,310.00 3 Moonlighting 116,855.55 4 Hines Construction 119,480.00 5 Neff Contracting Corporation 128,486.00 6 William Murray Gen. Eng. Contract. 133,785.50 7 Nobest Incorporated 139,624.60 8 Damon Construction Company 153,081.70 9 Hauschild Construction Inc. 156,867.00 10 Clayton Engineering, Inc. 158,454.00 11 O'Keefe Engineering Inc. 171,170.32 12 Excel Paving Company 172,999.62 13 Markel Cement Contracting, Inc. 175,042.50 14 Ryco Construction, Inc. 175,405.00 The low total bid price is 22% below the Engineer's Estimate of $115,000. The low bidder, F.A.V. Engineering, Inc. is • a general engineering contractor who has satisfactorily completed previous contract work for the City. This project provides for the construction of a 6 foot wide sidewalk and curb and gutter along the north side of Pacific Coast Highway (PCH) between Morning Canyon Road and Cameo Highlands Drive (see attached sketch) . The project will provide paved pedestrian access from Corona del Mar to Cameo Shores and Cameo Highland tracts. • • • Subject: Pacific Coast Highway Sidewalk adjacent to Cameo Highlands (C -2523) February 26, 1990 Page 2 In order to construct the sidewalk, a retaining wall, ranging to 5 feet in height, will be built to support the bottom portion of the hillside adjacent to Cameo Highlands. Inasmuch as the Contractor will need to enter upon private property to clear vegetation and to slope -cut the hillside for construction of the wall, staff has requested each affected property owner to sign agreements allowing the Contractor rights -of -entry upon the slope. All of the agreements have been signed and returned. The project is being promoted by Cameo Community Association. The wall will be constructed of a beige slumped block which has been selected by the Association. Upon Completion of the wall the privately owned slope behind the wall is to be landscaped by the Association. Plans and specifications for the project were prepared by staff and by RMG Engineering, Inc. Adequate funds are available in Account No. 02- 3397 -377 to award the project. The contract specifies that all work be completed within 54 days after the start of construction, or by June 1, 1990, whichever occurs first. Pacific Bell's trunk and toll telephone cable undergrounding should be completed by March 15th, approximately, whereupon the City's work may begin at the Contractor's convenience. Benjamin B. Nolan Public Works Director LD:so Attachment 3 m 130 Qv �0 a 127 00 O� 129 spp 129 I 125 126 A- 5� GpP/ 124 -- y9 ��y O� /LF �OO 119 120 121 1' 122 123 y "RET. WALL , GUTTER d SIDEWALK G•Ala.. e1W L1.✓E II F'Ri ✓AfE PROAiRry So' s or y' 38'41'4'4z' 6' ORD,0056O GUTTER �' S�OEWAGA' P055iaGQ 6RAOiNb PRO003ED .QL�T. /✓.OGL SECTION A -A N.T. S. CITY OF NEWPORT BEACH DRAWN R.G. DATE 2/22/88 PUBLIC WORKS DEPARTMENT APPROVED PACIFIC COAST HIGHWAY SIDEWALK PUBLIC WORKS DIRECTOR ADJACENT TO CAMEO HIGHLANDS R.E. NO. _- _ DRAWING No. EXHIBIT • t TO: CITY COUNCIL FROM: Public Works Department 0 January 22, 1989 CITY COUNCIL AGENDA ITEM NO. F -12 CIS JAN 2 2 / W APPROVED SUBJECT: PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO CAMEO HIGHLANDS (C -2523) RECOMMENDATION: 1. Approve the plans and specifications. Affirm the Negative Declaration of Environmental Impact. Authorize the City Clerk to advertise for )eta -be DISCUSSION: This project provides for the construction of a 6 foot wide sidewalk and curb and gutter along the north side of Pacific Coast Highway (PCH) between Morning Canyon Road and Cameo Highlands Drive (see attached sketch) . The project will provide paved pedestrian access from Corona del Mar to Cameo Shores and Cameo Highlands tracts. In order to construct the sidewalk, a retaining wall, ranging to 5 feet in height, will be build to support the bottom portion of the hillside adjacent to Cameo Highlands. Inasmuch as the contractor will need to enter upon private property to clear vegetation and to slope -cut the hillside for construction of the wall, staff has requested each affected property owner to sign agreements allowing the contractor rights -of -entry upon the slope. Most of the agreements have been signed and returned. • The project is being promoted by the Cameo Community Association. The wall will be constructed of a beige slumped block which has been selected by the Association. Upon completion of the wall the privately owned slope behind the wall is to be landscaped by the Association. 0 0 Subject: Pacific Coast Highway Sidewalk Adjacent to Cameo Highlands (C -2523) January 22, 1989 • Page 2 Five (5) Pacific Bell trunk and toll telephone poles with cable exist along the proposed sidewalk alignment. The Association and the City have agreed to split the costs of undergrounding the cable and removing the poles. Pacific Bell has received of City and Association monies toward this effort, and work is under way. Pacific Bell's work will be completed by March 15th, approximately, whereupon the City's contract work may begin. For the City's project, a Negative Declaration of Environmental Impact has been prepared by staff and approved by the Environmental Affairs Committee. Upon affirmation, Notices of Determination will be filed with the Clerk of the Board of Supervisors and published in the local newspaper. The installation or expansion of retaining walls within existing right -of -way is excluded from the requirement for a Coastal Development permit. A Caltrans Encroachment permit has been obtained, however, for working within State right -of -way Plans and specifications and for the City's project were prepared by staff and by RMG Engineering, Inc. The Engineer's estimate is $115,000, of which only $100,300 has been budgeted (Acct. No. 02- 3397 -377). Pending award, staff will request that a budget amendment be approved to appropriate the balance of required funding, if needed. The contract specifies that all work be completed within 54 days after the start of construction, or by June 1, 1990, whichever occurs first. in- Benjamin B. Nolan Public Works Director BBN:so • 3 mu., A -a5o Q0 127 y`ry 126 00 Orp 129 'Soo.. g A� 129 A 130 GOPs/ 125 a- 122 a52� 123 124 "RET. WALL , GUTTER & SIDEWALK �y Ko0 to Pe>� /C.NB. Qlw LINE �– —� CALTQA,✓5 ,Q�w �►I 14 PRi✓.ofE PROPERLY �0F y 3e; 41'e 42' 6+' 6' PRO.�SEO C�/.2g, GUTTER f .S/OEk/AL.1' P055/8L6 6.Pi00iw/b SECTION A -A N.T. S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO CAMEO HIGHLANDS r. -9r, 7?t DRAWN R.G. DATE APPROVED PUBLIC WORKS DIRECTOR R.E. N0. — DRAWING No. EXHIBIT �I Authoroad to Publish Atverusefllents of a6 k $ u'4 noticaa try o6cfee of the suporror Court o Orafl4e nty, Catit9rnN. Number A -6214, dated 29 $e01emb9f, 1961, and A- 24831, dated 11 Juf9. 1963. STATE OF CALIFORNIA County of Orange ►„elm..e..� a �.... A Yo q K� X11 p M w /wily lAll I am a Citizen of the United States and a resident of the County aforesaid; I am over the ape of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mean, County of Orange. State of California and that a Notice of NEGATIVE DECLARATION of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 1 time conseautive weeks to wit the issue(s) of April 4 6 , 198_ 198_ , 198_ 198_ ,198— I declare, under penalty of perjury, that the foregoing Is true and correct. Ettefuted on April 7 198 6 at Ce a Mesa, California_ Signature 11 C �,2-