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Home My WebLink AboutC-2565(A) - Federal Aid for Pacific Coast Highway WideningCITY OF NEWPORT BEACH April 12, 1988 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Fleming Engineering, Inc. 8281 Commonwealth Ave. Buena Park, CA 90621 Subject: Surety: Bonds No.: Contract No.: Project: (714) 6443005 Insurance Company of the West 13 65 09 C -2565 Pacific Coast Highway Widening from Jamboree Road to MacArthur Boulevard The City Council of Newport Beach on March 14, 1988 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 has been recorded in accordance with applicable sections of the Civil Code. The Notice was recorded by the Orange County Recorder on March 18, 1988, Reference No. 88- 125175. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED SY 0 '1C� PLEASE RETURN TO: City C16rk�& 7f;2 7�L City of Newp rt Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 NO CONSIDERATION 88- 125175 EXEMPT EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 NO,riCE OF COMPLETION PUBLIC WORKS RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -42-0 PM MAR 18'88 C>jFf Q "�{--_ _ � COUNTY �'�"`- ' """^�T�/ RECORDER 1 o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on March 14, 1988 the Public Works project consisting of Pacific Coast Highway Widening from Jamboree Road to MacArthur Boulevard (C- 2565). on which Fleming En ineerin 81 Commonweal Park CA 90621 was the contractor, and y of the West, P.O. Box 2039, Tustin, CA 92681 was the surety, was co p fed. c- . �n CIT OF NEWPORT BFACH iaD� a P� Public Works Director Vr2l(iFICATION I, the undersigned, say: I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 16. 1988 at Newport Beach, California. Pu lic 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 March 14, 1988 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 March 16. 1988 at Newport Beach, California. City Clerk -r 0 1; CITYbF NEWPORT BTACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 March 16, 1988 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 Enclosed is the following document for recordation and return to the above -named office: Pacific Coast Highway Widening from Jamboree Road to MacArthur Boulevard (C- 2565). Sincerely, Wanda E. Raggio • /��J City Clerk 3300 Newport Boulevard, Newport Beach i I • • TO: CITY COUNCIL FROM: Public Works Department BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAR 141988 APPROVED March 14, 1988 CITY COUNCIL AGENDA ITEM NO. F -13 SUBJECT: ACCEPTANCE OF WIDENING OF COAST HIGHWAY FROM MACARTHUR BOULEVARD TO JAMBOREE ROAD (C- 2565); FEDERAL AID URBAN PROJECT M -5001 (35) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sec- tions of the Civil Code. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of Caltrans and the Public Works Department. • The bid price was $2,851,775.00 Amount of unit price items constructed 2,956,597.23 Amount of change orders 251,349.09 Total contract cost 3,207,946.32 The increase over the original estimate in the amount of the unit price items constructed was primarily due to additional excavation, pavement grinding and overlaying deteriorated portions of the roadway. A total of fifty (50) change orders were issued. Change orders issued dealt with time extensions, removal of unknown obstructions and construc- tion modifications required to accommodate unknown field conditions. Change orders in excess of $10,000.00 were as follows: 1. A change order in the amount of $44,714.12 provided for removal of an old abandoned Portland Cement Concrete roadway uncovered during roadway excavation. 2. A change order in the amount of $37,710.75 provided for placement of a geotextile fabric between the subgrade and aggregate base because of very poor soil conditions. 3. A change order in the amount of $11,998.77 provided for the remo- val of a unknown 24" abandoned A.C. storm drain within the roadway structural section. f 4. A change order in the amount of $47,379.35 provided for the installation of a traffic signal interconnect system between MacArthur Boulevard and Jamboree Road. 5. A change order in the amount of $26, 095.76 provided for the reconstruction of an existing Swale for east bound traffic. This project was funded from Federal Aid Urban (86.44 %) and City Gas Tax fund (13.56 %). The contractor is Fleming Engineering, Inc. The contract, awarded on November 13, 1986, called for work to com- mence on January 5, 1987, with completion 150 working days after commencement of work. Completion was delayed by 91 authorized extension days because of inclement weather and extra work. The roadwork was completed on December 4, 1987. The landscape maintenance period ended on January 12, 1988. ?44 Benjamin B. Nolan Public Works Director BBN:hh • • TO: CITY COUNCIL FROM: Public Works Department L] February 23, 1987 CITY COUNCIL AGENDA ITEM NO. F -2(a) BY THE MY C€ UNC €L CITY C,F PADWPORF RAC€; SUBJECT: PHASE I, COAST HIGHWAY WIDENING PROJECT (C -2565) FEB 23 )987 WATER MAIN RELOCATION /TIE -INS RECOMMENDATIONS: Adopt a Resolution of urgent necessity pursuant to the provisions of Section 1110 of the City Charter to allow the work to be performed via issuance of Purchase Orders. DISCUSSIONS: On February 9, 1987, the City Council approved action to perform emergency water line relocations and make additional distribution system tie -ins • via the informal process of direct negotiation with the Contractor. A budget amendment was also approved at that meeting in the amount of $175,000 to provide for the emergency work and the tie -ins (Council Memorandum Attached). Because of the nature of the contract and funding for the FAU Highway Widening Project, and because of Federal Regulations relating to utility construction delays on such projects, the City cannot perform the required utility work by Contract Change Order without incurring substantial additional delay costs and liabilities. In order to circumvent these delay costs, staff recommends that the authorized work be performed under separate purchase orders in lieu of a Change Order to the Highway Project contract. Plans and specifications have been prepared by the Public Works Department. The work will be coordinated with Corona del Mar Water Main Replacement (C -2631) and can be completed within eight weeks of authorization to proceed. Benjamin B. Nolan isPublic Works Director JS /bjm Attachment (5 -) • TO: CITY COUNCIL FROM: Public Works Department 0 February 9, 1987 CITY COUNCIL AGENDA ITEM NO. F -9 SUBJECT: WATER COMMITTEE FINDINGS COAST HIGHWAY WATER MAIN RELOCATION /TIE -INS (C -2565) RECOMMENDATION: s Adopt and approve the findings of the Water Committee regarding a budget amendment in the amount of $175,000 to accommodate the subject work, which is appurtenant to the Phase I, Coast Highway Widening Project. Authorize and direct staff to negotiate a change order with the contractor to perform the necessary work. DISCUSSION: C J On October 27, 1986, the City Council awarded a contract for the • construction of the Phase I, Coast Highway Widening Project to Fleming Engineering, Inc., of Buena Park, California. Shortly after construction of the project commenced, it became apparent that certain water line relocations which were unforeseen were necessary to properly complete the proposed highway im- provements. Upon further review by City staff it was determined that in addi- tion to the required relocations, several other important distribution network tie -ins were also necessary. Staff strongly recommends that the tie -ins be completed in conjunction with the necessary relocations within the Coast Highway right -of -way. The recommended action will provide a significant increase in localized fire flow and distribution system capacity and would preclude a duplication of work effort in reconstructing portions of Coast Highway and obtaining the ofttimes lengthy Cal Trans permits and approval. Water line relocations and the recommended tie -ins can be summarized as follows: a. Relocate 8 -inch water line, fittings, valves and vault appurtenances just easterly of Jamboree Road. b. Relocate 12 -inch and 8 -inch water lines, valving and 8 -inch • fire and domestic service to the Irvine Coast Country Club and a 1 -inch domestic service with 500 feet of 3 -inch service line to Amling's Nursery near the intersection of Country Club Drive. K February 9, 1987 Subject: Water Committee Findings Coast Highway Widening Project Water Line Relocations /Tie -ins (C -2565) Page 2 c. Relocate 12 -inch and 8 -inch piping, fittings, valving and fire hydrant assembly and provide an 8 -inch main extension and tie -in to an existing dead -end water main in Corporate Plaza Drive. d. Relocate /extend appurtenances to 30 -inch valve and vault westerly of Avocado Avenue. e. Provide a 12 -inch connection between the 30 -inch transmission main in Coast Highway and existing mains in Avocado Avenue to the south. This connection will require a "bore" beneath the existing travel lanes of the highway. f. Relocate an existing 2 -inch domestic service near the intersection of Avocado Avenue. g. Relocate 8 -inch piping, valves and an existing fire hydrant assembly on the north side of the highway and provide a new 8 -inch connection between the existing 30 -inch transmission main and • mains southerly of the highway at Begonia Avenue. The work is estimated to cost $175,000 and could be performed within three to four weeks of authorization to proceed. The engineering design and plans will be prepared by City staff. The recommended action would authorize staff to negotiate a change order with the contractor and proceed with construction. Benjamin B. Nolan FO r` Public Works Diector JS:jd 0 3 i • • RESOLUTION NO. 87 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING WATER MAIN RELOCATIONS AND TIE -INS APPURTENANT TO THE PHASE I, COAST HIGHWAY WIDENING PROJECT (C -2565) TO BE DONE VIA NEGOTIATED PURCHASE ORDERS ISSUED TO THE CONTRACTOR WITHOUT ADVERTISING FOR BIDS BECAUSE OF URGENT NECESSITY. WHEREAS, the Phase I, Coast Highway Widening Project is presently being constructed between Mac Arthur Boulevard and Jamboree Road, and; WHEREAS, said Project requires work on, adjacent to, and above existing water mains and appurtenances, and; WHEREAS, in the course of said work, unexpected grades and conditions have been discovered which require relocation and reconstruction of a portion of those existing mains, and; WHEREAS, certain additional water main tie -ins have been determined to be vital to the future operation of the water system consistent with good practice, and; WHEREAS, those various relocations and tie -ins, if not performed at this time, will cause significant and substantial delays to the Federally funded prime contract, and; WHEREAS, such delays, costs and liabilities can be minimized and /or greatly reduced by negotiating a separate contract without a formal bid procedures, and; WHEREAS, Section 1110 of the Charter of the City of Newport Beach provides for letting contracts without formal bid procedures in cases of urgent necessity, and; WHEREAS, such work on the City's water system is vital and is necessary to provide continued reliable public water service consistent with the sound principles and practices of operation of a potable water supply and to provide fire protection consistent with the preservation of life, health and property, and; WHEREAS, such work constitutes urgent necessity; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said water line relocations and tie -ins along Coast Highway are of urgent necessity, and that a contract for such work may be let by the City Manager without advertising for public bids and may be handled via the issuance of purchase orders. ATTEST: pity Clerk ADOPTED this 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK (714) 644 -3005 pryer 7 DATE: November 14, 1986 SUBJECT: Contract No. C -2565 Description of Contract Pacific Coast Highway Widening from Jamboree Rd. to MacArthur Blvd. Effective date of Contract November 13, 1986 Authorized by Minute Action, approved on October 27, 1986 Contract with Fleming Engineering Inc. Address 8281 Commonwealth Ave. Buena Park CA 90621 Amount of Contract $2,851,775.00 " ee ell-et Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach VI 0 TO: CITY X61 €i`!?t` FROM: Public Works Department • November 13, 1986 SUBJECT: PACIFIC COAST HIGHWAY WIDENING FROM JAMBOREE ROAD TO MacARTHUR BOULEVARD (C -2565) Attached are four copies of the subject contract documents. Please have them executed on behalf of the city, retain your copy and return the remaining copies to our department. Horst Hlawaty Project Manager HH:jb Att. r i • �ITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915 until 10:00 A.M. on the 17th day of October, 1986, at which time such bids shall be opened and read for PACIFIC COAST HIGHWAY WIDENING FROM JAMBOREE RD. TO MACARTHUR BLVD. CONTRACT NO. 2565 FEDERAL AID URBAN PROJECT M -5001 (35) ®� Approved by the City Council this 22nd day of September, 1986. Irene Butler, Assistant City Clerk Prospective bidders may obtain bid documents at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Horst Hlawaty at 644 -3311. Project Manager • . PR 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY WIDENING FROM JAMBOREE ROAD TO MACARTHUR BOULEVARD CONTRACT NO. 2565 FAU PROJECT NO. M- 5001(35) To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice to Contractors, 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. 2565 in accordance with the Plans (Drawing No. R- 5536 -S) and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 1 L.S. Clearing, Grubbing, & $ 192.000 Mobilization 2 30,480 C.Y. Roadway Excavation & $ 10 $ 304,800 Haul -A -Way Including A.C. Removal 3 4,050 C.Y. Roadway Fill $ 90,260 4 2,600 L.F. Remove P.C.C. Curb & Gutter 5 400 S.F. Remove Miscellaneous P.C.C. 6 8,650 L.F. Type A -2 -8 Curb and Gutter 7 8,190 L.F. Type A -1 -8 Curb $--1-25 $ 59,377.50 8 1,460 L.F. Type A -2 -6 Curb and Gutter $ 7.95 $ 10 , 585 9 100 L.F. Type A -1 -6 Curb $ 6_Bn $ 680 10 250 L.F. A.C. Berm $__7_ $ 1,750 a 0 PR2of3 ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 11 64,800 S.F. P.C.C. Sidewalk $ 1.85 $ 119,880. 12 2,100 S.F. Miscellaneous P.C.C. $ 2. $ 41200. 13 47,460 TON Aggregate Base $ 9.35 $ 443,751. 14 17,030 TON Asphalt Concrete $ 28. $ 476,840. 15 21,380 S.F. Header Cut and Cold Plane $ .25 $ 5.345. A.C. Pavement 16 22,250 S.F. Stamped Pattern Concrete $ 2.43 $ 54,067,50 17 4,250 L.F. 18" R.C.P. $ 65. $ 276,250. 14 18 £ri L.F. 24" R.C.P. $106. $ 1,484. 19 30 L.F. 36" R.C.P. $108. $ 3,240. 20 25 EACH Type OS Catch Basin $2900. $ 72,500. 21 12 EACH Type OL Catch Basin $3300. $ 39.600. 22 5 EACH Manhole No. 2 $2800. $ 14,000. 23 18 EACH Junction Structure No. 1 $7900- $ 34,200. 24 4 EACH Junction Structure No. 2 $lnan_ $ 4.000. 25 7 EACH Transition Structure $ 58o- $ 3 500. 26 3 EACH Concrete Collar $ 5nn_ $ 1,500_ 27 14 EACH Raise Water, Sewer & $ 225. $ 3,150._ Storm Drain Manholes to Grade 28 20 EACH Raise Valve Covers to Grade $ 165. $ 3,300. 29 L.S. Signing and Striping $ 40,000. 30 L.S. Traffic Signal @ Irvine $ 44,500, Terrace 31 L.S. Traffic Signal @ Newport Center 32 L.S. Traffic Signal @ Avocado Avenue 33 L.S. Traffic Signal @ MacArthur Boulevard PR3of3 ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 34 L.S. Landscaping $ R6 non_ 35 L.S. Irrigation $ 880000_ 36 L.S. Traffic Control & Public Safety $ 42,non_ 37 L.S. Trench Protection $ 7,nnn 38 41 EACH Electrolier $ 2000- $ R2 noo_ 39 7,900 L.F. 1 -1/4" PVC Conduit $--3-50 $ 27,6sn_ With Conductors 40 2,000 L.F. 1 -1/2" Metal Conduit $--4_50 $ g nnn With Conductors 41 51 EACH No. 3 -1/2 Pull Box $ inn $ r,inn 42 2 EACH Service Cabinet $1700• $ 3,4nn. 43 5 EACH Remove & Salvage Existing Electrolier $_50a" $ 2,5n0_ 44 L.S. Provide Field Office $ 1n,Fnn TOTAL PRICE WRITTEN IN WORDS: (Items 1 - 44 inclusive) Two Million Eight Hundred Fifty -One Thousand Seven Hundred Seventy -Five Dollars and no Cents $2,851,775. Fleming Engineering Inc. Bidder (714) 994 -3501 Bidder's Telephone Number 10/16/86 Date 327626 A Contractor's License No. & Cla—s—s—M—cafi—on S /David Garrett /V. Pres /Secty Authorized Signature Title 8281 Commonwealth. Ave., Buena Park, CA 90621 Bidder's Address CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PACIFIC COAST HIGHWAY WIDENING FROM JAMBOREE ROAD TO MacARTHUR BOULEVARD CONTRACT NO. 2565 FAU PROJECT NO. M -5001 (35) ADDENDUM N0;1 NOTICE TO BIDDERS: BIDDERS shall propose to complete Contract No. 2565, FAU Project No. M -5001 (35) in accordance with the Plans, Proposal, Contract Documents, and Special Provisions as modified by this ADDENDUM NO. 1: Proposal Modify quantity under Item No. 11 as follows: Delete 64.800 and replace with 64,800. Modify quantity under Item No. 18 as follows: Delete 63 and replace with 14. Plans All 15" R.C.P. shown on the plans shall be 18" R.C.P. There will be no 15" R.C.P. on this project. Please execute and date Addendum No. 1 and attach it to your bid proposal. No bid proposal will be accepted without Addendum No. 1 being executed and attached hereto. Horst Hlawaty Project Manager I have carefully examined Addendum No. 1 and hereby consent to its being made a part of our proposal. Date October 16, 1986 (Bid'he'ri-'s4W)neering Inc- Telephone No. (714) 994 -3501 David Garrett (Authorized Signature Bidders' Address: 8281 Commonwealth Ave., Buena Park, CA 90621 -BID CONFERENCE AGENDA • PACIFIC COAST HIGHWAY WIDENING from JAMBOREE ROAO TO MacARTHOR BOULEVARD CONTRACT NO. 2565 Federal Aid Urban Project M- 5001(35) Date: October 8, 1986 Time: 10:00 a.m. Location: City Council Chambers I. INTRODUCTION II. PROJECT OVERVIEW III. GENERAL COMMENTS A. FAU Project 1 Prevailing wages 2. Certified payrolls required 3. Employee interview will be conducted B. Disadvantaged Business Goals 1. Disadvantaged Businesses - 10% 2. Woman -owned Business Enterprise - 1% 3. Bidderls attention is directed to Section 3 of the Contract Documents Re: Documentation C. Project duration 150 working days with liquidated damages at $420 /working days. IV. TRAFFIC CONTROL A. Provided plan is in concept form only and represents minimum requirements B. Two weeks prior to construction, a full traffic control plan must be submitted. V. PERMITS A. Caltrans Encroachment Permit No. 784 -NMC -2391 has been obtained by the City. B. Contractor must apply for a separate Caltrans permit authorizing work within State right -of -way. C. All other applicable permits. VI. UTILITIES A. Utility Company will relocate utilities. VII. GENERAL QUESTIONS MINUTES PRE -BID CONFERENCE PACIFIC COAST HIGHWAY WIDENING FROM JAMBOREE ROAD TO MacARTHUR BOULEVARD CONTRACT NO. 2565 FEDERAL AID URBAN PROJECT M -5001 (35) ATTENDEES: David Garrett Larry Norris Jerry LeBouef Horst Hlawaty Don Webb Greg Deist William Bennett Gary Adams October 8, 1986 Fleming Engineering Inc. Ortiz Enterprises Silveri & LeBouef City of Newport Beach City of Newport Beach City of Newport Beach ASL ASL Horst Hlawaty opened the meeting at 10:15 A.M. and introduced the City and Design Engineering personnel. Mr. Hlawaty asked William Bennett to give a brief overview of the project. Mr. Bennett in general terms described the project's scope of work including location, construction limits, Caltrans permit and general work items which include storm drains, new pavement sections, overlays, street lighting, traffic signals and landscaping. Greg Deist made some general comments concerning prevailing wages for FAU projects and disadvantaged business goals. This is a prevailing wage project and certified payrolls will be required and submitted to the Resident Engineer weekly. Employee interviews will be conducted to ensure compliance. The disadvantage business and woman -owned business goals are 10% and 1% respectfully. The business used by the bidding contractor must be on Caltrans' list of certified DB and WBE businesses on the date bids are opened. Mr. Deist stressed the importance of the bidding contractor complying with Section 3 of the contract specification's Special Provisions, pages SP 3 -1 through SP 3 -3. The project duration is 150 working days and liquidated damages have been established at $420 per working day. Minutes, Pre -bid Conference C -2565 Page 2 Traffic control is a primary concern of the City and the Contractor is required to submit a full traffic control plan to the City two weeks prior to the start of construction. This plan must include traffic control during the installation of the 18 -inch storm drain located at the west end of the project starting on Jamboree Road. During installation of this storm drain, access to the gas station must be maintained at all times. Temporary closures of one driveway at a time to the gas station will be allowed. The City has obtained the Caltrans Encroachment Permit No. 784 -NMC -2391. The contractor must apply for a separate Caltrans permit authorizing work within the State right -of -way. The inspection fee deposit, estimated at $4,000, shall be absorbed in the contractor's bid. The contractor will also be required to obtain all other applicable City or State permits. Mr. Hlawaty stated that the utility companies have been notified and the utilities should be relocated by the time construction begins. Mr. Hlawaty opened the meeting for general questions. Continent: The field office described under Bid Item 44 is for City personnel. Comment: The quantity for Bid Item 11 should read 64,800 S.F. Question: Is sand required under the stamped concrete located in the medians? Answer: No. Question: Is the rebar required in the concrete header shown on sheet 49? Answer: Yes. Question: Is there a pay item for removal of the old concrete roadway underneath the existing A.C.? Answer: This item was taken under advisement. Decision: Since the presence and /or location cannot be ascertained, the removal and disposal will be paid for as extra work as provided in Section 19 -1.04 of the Standard Specifications. Question: Does the City have any borings within the excavated areas of the project. Answer: Not to the City's knowledge Question: Under Bid Item No. 10, does the 250 L.F. of A.C. berm include both labor and material or just labor. Answer: Bid Item 10 includes both labor and material, including A.C., necessary for the complete installation of the A.C. berm. Minutes, Pre -bid Conference C -2565 Page 3 Question: The drawings do not show a sign for a flower shop located between MacArthur Boulevard and Avocado Avenue. Question: The owner is responsible for the removal of the sign. If the sign is not removed prior to beginning construction, the sign will be removed as part of the clear and grub bid item. Question: Where shown on the contract drawings, under what bid item is the replacement of the landscaping with sod covered? Answer: This is part of Bid Item 1, Clearing and Grubbing. Question: Will the project area have to be fenced? Answer: Fences will be required where there is significant pedestrian traffic or where it is necessary for the protection of pedestrians or where it is necessary to detour pedestrian traffic. Question: What bid item covers placement of temporary, permanent A.C., or roadway structural sections over the storm drain trenching? Answer: This question was taken under advisement. Decision: Payment will be made under Item 13 and 14. The meeting was adjourned at 11:15 A.M. Greg Deist, Resident Engineer Horst Hlawaty, Project Manager cc: All plan holders INSTRUCTIONS TO BIDDERS The following contract 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 SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10 of total bid price) 5. NON- COLLUSION AFFIDAVTT 6. PUBLIC CONTRACT CODE SECTION 14310.5 QUESTIONNAIRE 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less that 10n 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 bid. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. The low bidder shall be required to possess a City of Newport Beach business license prior to execution of contract. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to alloy: 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 dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. 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 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 10/16/86 S /David Garrett /V. Pres /Secty Gate Authorized Signaturc /Tit e 1 0 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies subcontractor(s) in making will be used for the work Engineer and in accordance No change of subcontractor Engineer and as provided b Subcontract Work that he has used bid(s) of the following listed up his bid,and that the subcontractor(s) listed for which they bid, subject to the approval of the with the applicable provisions of the Specifications. may be made except with the prior approval of the y State law. Subcontractor Address 1. Electrical Steiny Anaheim 2. Survey Boyer Santa Ana 3• Structures Carney Bros. Downey 4. Stnrm Drain 5.—Stamped Concrete Sullivan Concrete Costa Mesa 6• Striping Orange Co. Striping 7•landscape /Irrigation Kato Fountain Valley S. Concrete Maddox Construction Riverside 9. 10. 11. 12. Fleming Engineering Inc. Bidder S avid tt V. es Sty Authorized Signature Title FOR ORIGIto SEE CITY CLERK'S FILE COPY BIDDER'S BOND KNO'„' ALL MEN BY THESE PRESENTS, That we, Fleming Engineering, Inc. , as bidder, and Insurance Company of the West and firmly bound unto the City of Newport Ten Percent of Amount Bid lawful money of the United States for the be made, we bind ourselves, jointly and s, THE CONDITION OF THE FOREGOING OBLIGATION , as Surety, are held Beach, Calfornia, in the sum of Dollars OF of Amount Bic payment of which sum well and truly to averally, firmly by these presents. IS SUCH, That if the proposal of the above bounden bidder for the construction of Pacific Coast Highway Widening (FAU Project M -5001) (C -2565) Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver 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) from the date of the mailing of contract documents for execution to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is aqreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 17 day of October , 1986. (Attach acknowledgement of Attorney -in -Fact) S /Charlsie O'Berry Notary Public Commission Expires: Fleming Engineering, Inc. Bidder David Grett Authorized arSignature /Title Insurance Company of the West Surety Title Attorney -in -Fact 3 0 0 (This affidavit shall be executed by the successful bidder in accor- dance with instructions in the Federal Requirements in this booklet, but bidder may execute the affidavit on this page at the time of submitting his bid.) NON- COLLUSION AFFIDAVIT To the City of Newport Beach The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Fleming Engineering Inc. S /David Garrett /V. Pres /Secty Signature of Bidder 8281 Commonwealth Ave., Buena Park, CA 90621 Business Address 1244 La Mirade, Laguna Beach, CA Place of Residence Subscribed and sworn to before me this 16 day of Octnhar , 19 86 S /Kathy J. Edminston Notary Public in and for the County of Orange , State of California. My Commission Expires April 27 1986 4 7 In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire: QUESTIONNAIRE Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disquali- fied, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. Note: This questionnaire constitutes a part of the Proposal, and signature on the signature portion of this Proposal shall constitute signature of this questionnaire. 5 11 6 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 1986 McCarthy Broc. - Newport Beach (714) 752 -6831 1986 City of Fullertan,303 W. Commonw al h Fullerton (714) 738 -6845 19Rfi City of Santa Ana 20 Ciyir Canter Santa Ana CA 92701 1986 City of Glendale, 633 E. Broadway, Rm. 205, Glendale, CA 1986 Ed Grush General Cont., 3236 E. Willow St., Long Beach, CA 90806 213) 426 -9526 Fleming Engineering Inc. Bidder ut orize d Signature/ it e THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. The bidder X proposed subcontractor , hereby certifies that he has X has not _, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 1114, or 11246, and that he has X_, has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing require- ment. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exemp from the equal oppor- tunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -I) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) pre- vents the award of contracts and subcontracts unless such contractor sub- mits a report covering the deliquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 7 0 N O T I C E 0 The following are contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11' & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages '13, 14,'15) CONTRACT (pages 16 & 17) 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. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in 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 Key Rating Guide: Property - Casualty. Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. 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. 8 • • Bond No. 13 65 09 Amount $2,851,775.00 PAYMENT BOND Premium Included in 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 October 27. 1985 has awarded to Fleming Engineering Inc. hereinafter designated as the "Principal ", a contract for Pacific Coast Highway Nidaning VAU Project II -5001) (C -2565) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, previsions, 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 Fleming Engineering, Inc. as Principal, and Insurance Company of the West as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Two Million Eight Hundred Fifty -One Thousand Seven Hundred Dollars 02,851,775.00 ), Seventy Five said sum being equal to 100 % of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemploy- ment Insurance Code with respect to such work or labor, that the Surety or Sureties rill 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. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3161 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon E , Payment Bond (Continued) 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 31st day of October , 1986 Fleming Engineering, Inc. ($eal) Name of Contractor Principal ri gnature nd Title Authorized Signature and Title Insurance Company of the West ._(Seal) Name of Surety P.O. Box 2039, Tustin, CA 92681 , l Ted E. Adamson Attorney -in -Fact CA 92635 d ress o gen P Siiirp 104, Fullerton. (714) 773 -4084 'Telephone No. of Agent 10 � 0 [ . 0 - - \ }f \ o \ _ \PO� { 2 � ; z ® \ Mk - - }.9) D ¢ ,r;| D [ / � ( ; * ; CL , %| a CL a (a � - !§ ( \ CD CD G {k }\ 0 \ \ m or / �_ \� D - \ID 3 CD CD CL ~ co a CD 0 2 � CL �E i D N c ga T Z ? N a 9 m [! 7 ro N O 0 0 a a o m O^ o 0 a 0 w w. ro CL T d � n CD ro o: ro 0 ro c v N N O x p ro m n a c m o C. .. .• m m a a N 0 zi %l I n O w^ Oy O O K O w N w K r m m• O to m H H n w r w M H w• w J m W m rt a 0 0 rt O !D K Ism I� a ro 0 'm 3 m L/ m Z m r� D Z r m LI 3 m z 0 0 INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: TED E. ADAMSON HOWARD SMITH its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 19TH DAY OF DECEMBER 1985 �pMPANYdA I_N,SjU�R /ANjCE COMPAN OF THE WEST 3��rpIVOM��,£ i y �aadl 1, �� " cAUFORM' President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 19TH DAY OF DECEMBER 'RaRre the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY , President of INSURANCE COMPANY OF THE WEST, 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 same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. +tild6tir°fifi,+ifdV rl'�d'6�:"itl'a STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 31st day of October 1986 ICW CAL 37 (REV. 5/82) f etary �,r ScAL f ukl Fxo�TF� NOTM }Y PUELIC- CALIFORNIA 1 e -- < P,a dml CKfim in San Di" County . Notary Public Ify Commission Exp. Jan. 8, 1988 } +tild6tir°fifi,+ifdV rl'�d'6�:"itl'a STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 31st day of October 1986 ICW CAL 37 (REV. 5/82) f etary S Bond No. 13 65 09 • Amount $2,851,775. Premium $20,697. FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted Oetnher 27- 1GAfi has awarded to Flemming Engineering Inc - hereinafter designated as the "Principal ", a contract for Pacific Coast Highway Widening (FAU Project H -5001) (C -2565) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Fleming Engineering, Inc. as Principal, and Insurance Company of the West as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Eight Hundred Fifty -One Thousand Seven Hundred Dollars ($ 2,851,775.00 Seventy -Five said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE C014DITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all thinas stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, and the State of California, 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 chaq®e, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice 11 Faithful Performance Bond (Continued) to 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 31 day of October , 1986 Fleming Engineering, Inc. (Seal) Name of Contractor (Principal) Authorized Signature and Title i Insurance Company of the West (Seal) Name of Surety P.O. Box 2039, Tustin, CA 92681 Address of Surety Ted E. Adamson Attorney -in -Fact 285 Imperial Hwy., Suite 104, Fullerton, CA 92635 Address of Agent (714) 773 -4084 Telephone No. of Agent 12 k ® -,0 @ _ \� } \? - - �& � § _ ; / kk - ri) CD Eft 3 . 0 } rD / oz % \ 0 CL = z ® }§ 0 ID CL CD CD (7 ` _ (} / 'D \ - }E & / CD cr \ \ E(\ ! \ CL / 0 0 CL / - § \ 0 \ % < { \ \/J : \' \\ \ / \\ \ I » 2 {30» \gym 0— - m � w ez \ ; }2 ) E( - =J22} \ w \ {\\/ � \!((\ - \ / &}or ) \ INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: TED E. ADAMSON HOWARD SMITH its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 19TH DAY OF DECEMBER 1985 00 �IN�SUQR7 AAN CE CO�MPAN OF THE WEST President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 19TH DAY OF DECEMBER 10e §bre the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY , President of INSURANCE COMPANY OF THE WEST, 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 same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. k°o` ®'+Pu`1.�'cSf c-t'de Y''': t': Pe'1.`- .'a`tt9oRf 17LbLyy V SEAL �r Pf0Rit Irk FUNI NOTA °Y PUELIC- CALIFORNIA Notary Public hlnriVSl Offico in San Diego Cwnry my ccmmisaan UP. Jan. 9, 1983 hi'Y rPJ6`eYefY Vn'64; `dt1 rdL"tr'c`�did°alr9fll}.Ao4t STATE OF CALIFORNIA 55: COUNTY OF SAN DIEGO 1, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 31st day of October 1986 . n,J,111A11.,%0 cc P etery ICW CAL 37 (REV- 5(82) Certificate of Insurance The Nationwide Mutual Insurance Company or the Nationwide Mutual Fire Insurance Company certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate and that this Certificate of Insurance does not amend, extend or otherwise alter the terms and conditions of insurance coverage contained in any policy or policies numbered and described below. Certificate Holder's Name and Address City of Newport Beach 3300 Newport Beach Blvd. Newport Beach, CA 92663 L J DESCRIPTIVE SCHEDULE This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Insurance in force only for hazards indicated by X Ca I 1 T 0 rn 1 a °Shoficate ol- .- c`g„"bed_.Poli1 "lXX uncalled �be � nation date XJ("reAur*aX"I) n��IX*Be r I �Iays written notice to the above named certificate Molder, JcaVd�iaC L This certificate is executed by Nationwide Mutual Insurance Company it said company has issued the policy to which this cer(Nicate is attached. it is executed by Nationwide Mutual Fire Insurance Gompany if said cornpany has issued the policy to which this certNCate is attached. InsweQs Name and Address rTERRY FLEMING, INDIVIDUALLY & FLEMING ENGINEERING, INC. 8281 COMMONWEALTH AVENUE LUENA PARK, CA 90621 J Date Certificate Issued 11/7/86 NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Columbus, Ohio N Pr�side+rt Countersigned at /Au orized Repiesentative SANTA ANA, CA EXP -129 RA ARCH C POLICY POLICY LIMITS OF LIABILITY IN THOUSANDS (000) EFFECTIVE EXPIRATION EACH TYPE OF INSURANCE POLICY NUMBER DATE DATE OCURRENCE AGGREGATE GENERAL LIABILITY di Comprehensive Form Bodily Injury $ $ 0 Premises — Operations Property Damage $ $ IN Explosion and Collapse Hazard 11 Underground Hazard Products/Completed Operations 73 SM 004 675 0002 6/30/86 6/30/87 Bodily Injury and 500, 500, Hazard Hazard Property Damage $ $ 0 Contractual Insurance Combined d1 Broad Form Property Damage It Independent Contractors It Personal Injury Personal Injury $ 500, M Broad Form Comprehensive G.L. Endorsement _ AUTOMOBILE LIABILITY Bodily Injury Db Comprehensive Form (Etch Person) $ It Owned It Hired 73 BA 004 675 0001 6/30/86 6/30/87 Bodily Injury (Each Accident) $ IS1 Non -Owned Property Damage $ Bodily Injury and Property Damage $ 500, Combined EXCESS LIABILITY 91 Umbrella Form 73 CU 004 675 0003 6/30/86 6/30/87 Bodily injury and Property Damage $1,000, $1,000, Combined WORKERS' COMPENSATION 73 WC 004 675 0004 6/30/86 6/30/87 Statutory AND Bodily Injury $ 500 Policy Limit EMPLOYERS' LIABILITY OTHER Additional Information: Description of Work. . Grading .60,000, yards ...... S.ub Cost of Job: $2,851,000 contracts. ng.. elQ. ctr .ic.M... storm .drai.ns.'..si.d Completion: 150 Working days - starting 11/15/86 Location of Work .. wal. k .g.utter5,..etc ................ (Approx.) #.C2565.. -. P.acAfi.c. Coas.t. Hw ..,..New o.r.t..Beac Insurance in force only for hazards indicated by X Ca I 1 T 0 rn 1 a °Shoficate ol- .- c`g„"bed_.Poli1 "lXX uncalled �be � nation date XJ("reAur*aX"I) n��IX*Be r I �Iays written notice to the above named certificate Molder, JcaVd�iaC L This certificate is executed by Nationwide Mutual Insurance Company it said company has issued the policy to which this cer(Nicate is attached. it is executed by Nationwide Mutual Fire Insurance Gompany if said cornpany has issued the policy to which this certNCate is attached. InsweQs Name and Address rTERRY FLEMING, INDIVIDUALLY & FLEMING ENGINEERING, INC. 8281 COMMONWEALTH AVENUE LUENA PARK, CA 90621 J Date Certificate Issued 11/7/86 NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Columbus, Ohio N Pr�side+rt Countersigned at /Au orized Repiesentative SANTA ANA, CA EXP -129 RA ARCH C j • . GL (Ed. 10 a. o) Ts) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (TM following information is required only when this endorsement is issued subsequent to pnparatioa of po"xy.) Endorsement effective 6 -30 -86 policy N073 SM 004675 -0002 Endorsement No. Named Insured Terry Fleming, Individually & /� ^ FLU41NG ENGINEERING, INC. 8261 2c mionwealth Avenue Countersigned by Buena Park, CA 90621 (Authorized Reoresent3tive; Sandra Archer This endorsement mod,fies such msuranee as -s afforded by the Drovisions of the policy relating to the follow•ng: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Lessees) It is agree: that I The 'Persons Insured ordvu�on s amended to include as an insured the Derson or organtiation named below but on(; with respect to habd.t•y ansing out of operations Dedormed for such insured by at an behalf of the named insured. 2 The aooiKab;e Lmt ai :he comoany s iaDdbty 'or the insurance aforded ender the Contractual Liabmty Insurance Coverage Part farming a Tart of •his poi,cy sn<ll be reeuced by any amount Da'd as camages uneer This endorsement on behalf of the person or organization named Wow Name of Persona Orpnization (Additional Insured) City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Ref: Job #C2565 "Insurance afforded by the above policies shall be primary insurance as respects to any claim arising out of the named insured's operations, and any insurance maintained by the additional insured shall be excess and non - contributing." GL 20 10 01 73 AFrOPV3N6 COyr11"GES City of Newport Beach Company ,300 Nrw;ro rt Boulevard A Ner:pnrt Beach, CA 9 ?6C; Lcttri Cm7 ny B NAM! AI,D ADDRESS Or INSURED Letter C Letter n company E Thin ie to certify that policies of insurance listed below have been issued to the insured named ahuvv and are in force at this time, including attached endorsement(s). _ -- Policy L tnTS OF LIABILITY IN THOUS ;i -S O00 COMPANY TYPES OF INSURANCE Policy Exp. g.•rotuc s/ LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY Bodily Injury 5 S Comprehensive Form Premises - Operations Property Damage 5 5 I'' Explosion d Collapse Hazard Y, Underground Hazard fx Products /Completed Operations Bodily Injury Hazard and Property pContractual Insurance Damage Combined S 5 Froad Form Property Damage ~! Independent Contractors vPersonal Injury Marine Personal Injury Aviation i5 AUTOMr0T1VE LIABILITY I,J Comprehensive Form Bodily Injury c (Each Person) Owned c Jodi y n0ury (Each Occurrence E: Pired Prooe rtv ama oe 5 oci y Injury andt i Non -owned u Property Damage Combined $ EXCESS LIABILITY Umbrella Form Bodily Injury ., Other than Umbrella Form and Property Damage Combined 5 c WORKERS' COMPENSATION I Statutory at, and EMPLOYER'S LIABILITY Accident) NOT r: Tile fomprehensive General Liability and Automotive Liability policies are endorsed Witt, the attached City of Newport Beach, Endorsements. CrPCELLATIO':: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Aoencv: Authorized Representa true Date: Telephone: Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Pacific Coast Highway Widening (FAU Project M- 5001_)_(C- 25651___ Project Title and Contract Number NUKE: this certificate or verification of insurance is not an insurance poljcy and does not am;nd, extend or alter the coverage afforded by the policies listed herein. Notwith- Standinq any requirement, term, or condition of any contract or other document with resPart to which this certificate or verification of insurance may be issuod or may pertain, the insurance afforded by the policies described herein is subject to all the tere,s, exclusions and conditions of such policies, including attached endorsements. 13 f' I CITY OF NEWPORT BEACH • AUTOM0111'E LIAEILITY INSURANCE ENDORSEMENT ]t is aoreed that: With respect to such insurance as is afforded by the policy for Bodily Injury and Properly Damage Liability, the City of Newport Beach, and the State of California, its officers and employees are additional insured but only with respect to liability for damaoes arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of auto- mobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach or the State of California will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate boa. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single limit Bodily Injury Liability S and Property Damage Liability Combined each occurrence occurrence each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damaoes as the result of anv one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Pacifi.0 Coast Highway Widening (FAU Project M -5001) (C -2565) Project Tit e and Contract No. . This endorsement is effective at 12:01 A.M. and forms a par of Policy Nn. Nam =C irsured Zia ^ -e o' Insurance 14 ndorsement No. .By Authorized Representative • CITY OF NEWPORT bEACH 0 COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Co,Tprehensive General Liability, the City of Newport Beach, and the State of California, its officers and employees are additional insureds but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insrance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach or the State of California will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract, designated below, between the City of Newport Beach and the State of California. G. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability h occurrence Property Damage Liability S each occurrence ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. E. Snould the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 1. Designated Contract: p,T _ifi - .DactS H9Fhwey Wideninar(FAII M -5001) (C -2565 Prof ect iiT and Contract No. This endorsement is effective at 12:01 A.M. and forms a part of Policy No. Named Insured Name of Insurance Company. 15 rsement No. Authorized Representative C014TRACT THIS AGREEMENT, entered into this,�� day of%pg�i�rclGi, 19 by and between the CITY OF NEWPORT BEACH, hereinafter "Ci y," and Fleming Engineering Inc. hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: �wav Widening (FAU Project M -5001) (C -2565) tle of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Pacific Coast Highway Widening (FAU Project M -5001) (C -2565) Title of Project ontract No.— which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Two Million Eight Hundred Fift -One Thousand Seven Hundred Seventy -Five Dollars ($2,851,775.00 ). This compensation includes 1 any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) 16 G (f) Plans and Special Provisions for Pacific Coast Higay Widening (FAU Project M -5001) (C -2565) Title of Phwroject Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City, and the State of California, its officers, employees and representative from all claims, loss or damage, except such loss of damage proximately caused by the sole negligence of City of its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: CI I 17 Authorized Signature and Title w if� J - 9 \ ) \ CD § /7k i ID � / ®i\s \ �k - - ) - \.k \( ƒ \ � :2k / 0� ( k \ cl } a3 ° ' CD 1� - c 6 5i 0 'm (D � \ �r } 10 ��0 § \` � C )$ \ } \ � / { $( # \ ) . . w CD M zli a > 1 y I� b d3 � a s +� 2I vi o M wl 1 �1 OI L 4-- A U I Fj d UI 2 > L 0 v O U 0 �U A �Y'rFr .0h �J�ZNO1 J y 7 li. C f_ Ci Cc Cc i C C AdL El U • -:d- 00 a) I 00 > >I I o �OO o) U-I co 01� N LI 1 1 �� C my N CD 0 y 3 Z E 1•+ 0 17 Goa mm �O O o CD i1 c M "o L N cl�5 C E E G 6 x w 2 (n to t 1z•1 —9 1.1 L-4 X v � ! C) 9 0 CD a m I � 0 N Z co N a� U a > 1 y I� b d3 � a s +� 2I vi o M wl 1 �1 OI L 4-- A U I Fj d UI 2 > L 0 v O U 0 �U A �Y'rFr .0h �J�ZNO1 J y 7 li. C f_ Ci Cc Cc i C C AdL 18 I I o �OO o) 0 crim F N LI o G] U C my m CD 0 y 3 Z E 1•+ 0 17 Goa mm �O o CD i1 "o x � X ! N � ^ I c 1 l ' 0 4J m m cu S i 3 W a0I N U I I ! ! 0 C o f o rtl Iof aI U J ! 1 1 1 1 iIjli!! I I'4 UI ! I i I � 1 I 1 I 1 •i I i OI � �1 i 1 1 1 I S-1 NI 111 -01 1 1 as 1 I I oO i I 1 I I UI XOI i OI N J� Li 16 i 10 -,Z i I I I I 18 ea 1 ar I O Yn �I dP a 11 i 1. �I o �OO 0 crim F N LI i G] U C my m y 3 Z E 1•+ Goa mm �O ea 1 ar I O Yn �I dP a 11 i 1. �I BY THE CITY COUNCIL October 27 ' 1986 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA • ITEM N0. F -3(c) T0: CITY COUNCIL OCT 2 % 19e6 FROM: Public Works Department APPROVED SUBJECT: COAST HIGHWAY WIDENING PROJECT -- MacARTHUR BOULEVARD TO JAMBOREE ROAD (PHASE I) (C2565) FAU PROJECT M -5001 (35) RECOMMENDATIONS: 1. Waive the irregularity in the bid documents of Fleming Engineering, Incorporated. 2. Award Contract No. 2565, FAU Project M- 5001(35) to4,.; gg., at+eei,ng:y for the total price bid of $ 2,851,775.00 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: •At 10:00 a.m., October 17, 1986, the City Clerk opened and read the following bids for this project: Bidder Low Fleming Engineering, Buena Park 7- Silveri & Le Bouef JV, Santa Ana 3 Vernon Paving Company, Anaheim 4 Griffith Company, Santa Ana 5 Blair Paving Company, Anaheim 6 Sully- Miller Company, Orange Total Price Bid $ 2,850,775.00* $ 2,869,869.00 $ 2,999,543.80 $ 3,054,130.00 $ 3,486,050.35 ** $ 3,497,846.00 * ** * Corrected Bid Total is $ 2,851,775.00 ** Corrected Bid Total is $ 3,482,094.10 * ** Corrected Bid Total is $ 3,297,846.00 The corrected bid total reflects omission of quantity adjustment per addendum requirements and /or numerical additions of quantity items. • • October 27, 1986 Page 2 • SUBJECT: COAST HIGHWAY WIDENING PROJECT -- MacARTHUR BOULEVARD TO JAMBOREE ROAD (PHASE I) (C2565) FAU PROJECT M -5001 (35)' The low bid is less than1% above the Engineer's estimate of $ 2,828,340.00. The low bidder, Fleming Engineering, Inc. is a well qualified general contractor who has satisfactorily performed previous contracts for the City. The project provides for three travel lanes in each direction, turning lanes, paved shoulders and parking lanes, bicycle lanes, curb and gutter, sidewalk, a landscaped raised median, a storm drain, street lights, and modifi- cations of the existing signals. All of the new roadway will be constructed along the northerly (inland) side within the existing right -of -way. Funds for the contract have been provided in the current budget as follows: Description Account No. Amount • Gas Tax (2107) -14% 18- 3381 -005 $ 399,248.50 FAU Contribution -86% 25- 3381 -005 $ 2,452,526.50 TOTAL $ 2,851,775.00 The plans and specifications were prepared by ASL Consulting Engineers. The Contractor's activities will be restricted during the holiday season so as not to impede egress or ingress to Fashion Island. Contract work is scheduled to be completed by May 31, 1987. Benjamin B. Nolan Public Works Director • HH /bjm 3 ��, • CORONA DEL MAR COMMUNITY ASSOCIATION I I SS CRI I CORONA DEL MAR COMMUNITY ASSOCIATION MEETING: THURSDAY, OCTOBER 30th, 7:30 P.M. OASIS - ROOM 1 AGENDA- COUNCIL MEETING 10/27/86 ITEM F.3 (c) PCH WIDENING DAHLIA TO JAMBOREE 1. PCH is presently 30 feet wide in each direction. In CDM this means an 8 foot parking plus 2 - 11 foot lanes or a 6 foot bike lane plus 2 - 12 foot car lanes. 2. Proposal goes to 50 feet, that is,a5 foot bike lane plus 21 foot car lane plus 2 - 12 foot car lanes (or 4- 12 1 /2 foot car lanes in each direction) this is 405 freeway width and specification. A coastal freeway with stop lights. 3. With turn lanes the road reaches 150 feet plus wide, half the length of a football field. That is, 2 - 12 foot sidewalks, plus 2 -50 foot travel lanes plus 2 - l I foot turn lanes plus 4 foot median. 4. This requires over 40 feet of widening on the north side of PCH. The road will run through the Flower Seller, make strip commercial of Western Federal, brings Newport Center and Corporate Plaza signs tothe sidewalk, knocks down the trees in front of the Newport Beach Country Club and 7 feet of the feeder road along all of Amlings, including all of Amlings front park- ing. The road extended would take all but 4 feet of the front island cover at the Mobil Station 5. When extended west in Phase 2, it will cause major expansion pressure from Dover to Superior. 6. Traffic speeds are in proportion to lane width and conditions. Since local speed limit enforcement is only above normal and customary, we believe this will be 50 plus miles per hour. A freeway with traffic lights. • • WHAT'S REASONABLE? 1. Three lane06 feet plus bike lane or parking, 8 foot = 44 feet . We ask that the 3rd through lane east of Avocado merge to two through and 2 turn lanes at MacArthur. From MacArthur east we ask for only two through lanes at Carnation. 2. The proposed freeway restripeable to eight freeway lanes is not needed Traffic is less and projected less than PCH in CDM. WHAT DOES THE PRESENT CONFIGURATION IMPLY? 1. PCH is designated a Super Street in Orange County. If it is built from MacArthur to Dover as one and Superior to west city limits as one, surely the expansion of Dover to Superior where the City is requiring right of way dedication to 120 feet will follow. 2. CDM will then face tremendous pressure to: A. Condemn 40 feet of right away, removing present business on the north side of PCH. Such widening occurred about 1930 in CDM, or B. Convert PCH to a one way east and make 5th Avenue a one way west (the Dana Point solution). The land is available at the east and west ends and the City owns Grant Howald Park. WHAT CAN BE DONE? The expansion has been bid, is funded and Cal Trans approved, but the contract has not been awarded. It will be a Council off calendar item in the next several meetings. They can stop the project. Its State and Fed- eral funded. Write and call your legislators II. PCH AT MARGUERITE BLEND LANES 1. The eastbound blend is a paper solution since, it will not work. It causes more traffic to pass on green but it must then merge in about 100 yards. to 2 lanes. During rush hour, the 2 downstream lanes are full so only the same number of thru cars are put thru as at Poppy (the present bottleneck). WHAT CAN BE DONE? 1. Tell the Council you do not want blend lanes at Marguerite. 2. Tell them you would like to reopen public hearings on the item. / V/Ca Dick Nichols BE IN THE KNOW! JOIN YOUR COMMUNITY ASSOCIATION NOW.' DUES - $10.00 per calendar year. MEETINGS - 4 times a year - special meetings called as needed. NA ME ADDRESS PHONE T0: FROM: DATE: SUBJECT CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 FINANCE DIRECTOR Public Works Department CITY CLERK October 23, 1986 Contract No. C- 2565(A) Description of Contract Program Supplement No. 5 to Local Agency -State Agreement for Federal -Aid Project No. 07 -5151 Effective date of Contract October 8, 1986 Authorized by Minute Action, approved on September 22, 1986 Contract with Department of Transportation Address District 7 P.O. Box 2304 Los Angeles, CA 90051 Amount of Contract (See Agreement) 6e 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach PROGRAM SUPPLEMENT NO. 5 qW DIST. 7 - Ora- 0 -NptB TO PROJECT NO. M -5001 (35 ) LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 07 -5151 August 26, 1986 DATE: AU g This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal -Aid which was entered into between the LOCAL AGENCY and the STATE on 8 -11 -77 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 86 -87 , approved by the LOCAL AGENCY on 9- 22-1986 (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the convenants or remarks set forth on the following pages• In the City of Newport Beach, Orange County, on PROJECT LOCATION: Pacific Highway (SR1) from Jamboree Rd. to MacArthur Blvd. Widen roadway, modify signals, drainage TYPE OF WORK: LENGTH: 1.35 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK: PRELIMINARY ENGINEERING RIGHT -OF -WAY (Other) X❑ CONSTRUCTION ENGINEERING © CONSTRUCTION TOTAL ESTIMATED COST FEDERAL FUNDS MATCHING FUNDS LOCAL: OTHER: OTHER: OTHER: $3,441,900 $2,975,178 $466,722 C of Newport STATE OF CALIFORNIA - LO)CAL,\ACAENCY DEPARTMENT OF TRANSPORTATION By $ept. 24, 1986 / / Dote By S_Aff c-� lt:+' ;�i�r G r Mayor °�?M District Dir*ct4fr of Transportation ( tie of Authorized Official) Attest: -� " -� �[ r_.t District 7 Dab�O i Assistant City Clerk (Title) .................................................................................. ............................... I hereb Certify upon my personal knowledge that budgeted funds are available for this encumbrance ....................................... ............................... .......I.. .............. Accounting Officer j. Date I Z s- m 00 y. ,L_ L Chapter Statutes Item Fiscal Yr. Program BC Category Fund Source $ I 1W A46-0- 101- 0 f0200 C 2_24tl2go 11)2 2r0 F.C. -O.L.A. 16 (11/86) .Dist.: 7- Ora- 0 -NptB Proj. M- 5001(35) 0 August 26, 1986 Page 2 of 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by Caltrans at regular intervals or as required for efficient operation of the completed improvements. 2. The City of Newport Beach will advertise, award and administer this project. The City will obtain State's concurrence prior to either award or rejection of contract. 3. 4. 5. In awarding, or agreeing to award the contract, the Local Agency agrees the payment of Federal .funds will be limited to the detail estimate amount approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2), or its modification PR -2A, and accepts any increases in Local Agency funds. The availability of Federal Funds will be subject to meeting deadlines and /or other conditions as may be imposed by the Director upon the recommendation of the FAU Advisory Committee. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. SMY -3 RESOLUTION NO. 86 -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE PROGRAM SUPPLEMENT NO. 5 TO LOCAL AGENCY /STATE AGREEMENT NO. 07 -5151 COVERING THE FAU FUNDING FOR THE CONSTRUCTION OF THE COAST HIGHWAY IMPROVEMENT PROJECT FROM MacARTHUR BOULEVARD TO JAMBOREE ROAD WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Program Supplement No. 5 to Local Agency /State Agreement No. 07 -5151 covering the FAU funding for the Coast Highway improvement project; and WHEREAS, the City Council has reviewed the terms and conditions of said Program Supplement No. 5 to Local Agency /State Agreement No. 07 -5151 covering the FAU funding for the construction of the Coast Highway improvement project from MacArthur Boulevard to Jamboree Road, and finds them to be satis- factory and that it would be in the best interest of the City to authorize the Mayor and the City Clerk to execute said Program Supplement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Program Supplement above described is approved, and the Mayor and the City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 22nd day of September , 1986. ATTEST: Assist, City Clerk CERTIFIE AS A TRUE A ORRE COFY ....... ...__ S [ city CLERK OF THE CITY OF NEWPORT BEACH OATeiAys -y/ -/ .......6......«..... i STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN, Go,, , DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90031 (213) 620 - 3340,;, S�'b S' ,� Mr. Don Webb \ City Engineer City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 Dear Mr. Webb: September 10, 1986 7- ORA- 0 -NptB M- 5001(35) Pacific Coast Highway Attached are the original and one (1) copy of Program Supplement No. 5 to Local Agency -State Agreement No. 07 -5151, covering the improvement of Pacific Coast Highway from Jamboree Road to MacArthur Boulevard. Please return both the original and the copy of Supplemental Agreement No. 5, executed on the part of the City, with a copy of the certified a th rizi '1 action attached to each. After execution of the agreement by the , u y execu copy of the agreement will be returned for your file. The date of execution by the City should be typed in the space provided on the first page of the agreement. Sincerely, vE. SHEARER, Chi_ef� ocal Assistance Branch Attachment r. • P10 C - 25ks -60 BY THE CITY COUNCIL September 22, 1986 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA ITEM N0. F -2(d) • SEP 22 1986 T0: CITY COUNCIL FROM: Public Works Department d�� fis A, -ate_ SUBJECT: COAST HIGHWAY WIDENING PROJECT-- MacARTHUR BOULEVARD TO JAMBOREE ROAD (PHASE I) (C -2565) FAU PROJECT M -5001 (35) RECOMMENDATIONS: 1. Adopt a resolution authorizing the Mayor and the City Clerk to execute Program Supplement 5 to the Local Agency /Caltrans Agreement No. 07 -5151, covering the construction of Pacific Coast Highway from MacArthur Boulevard to Jamboree Road. 2. Approve the plans and specifications. 3. Authorize the City Council to advertise for bids to be opened at •LOs00.:a=:m:,-on OcAoben_1 DISCUSSION: The Federal Highway Administration (FHWA), through Caltrans, has recently notified the City that Federal Aid Urban (FAU) monies are now available for construction of the Coast Highway widening project between MacArthur Boulevard to Jamboree Road (Phase I). To qualify for matching Federal Funds (86% Federal, 14% City), the City must execute a Supplement Agreement to the Local Agency -State Master Agreement previously approved by the City Council on August 8, 1977. Supplement Agreement No. 5 to the Local Agency -State Agreement No. 07 -5151 authorizes the release of $2,975,178 Federal funds to be matched with $446,722 City funds for a total of $3,441,900. A copy of Program Supplement No. 5 is attached for reference. The proposed widening project constitutes implementation of a portion of the Circulation Element of the City's existing General Plan. •In September 1978, the City Council directed staff to actively pursue Federal funding for the widening of Coast Highway between MacArthur Boulevard and Bayside Drive by requesting that the project be included in the Federal Aid Urban (FAU) Program. Following extensive preliminary engineering and a statutory public hearing, the Federal Highway Administration (FHWA) approved the environmental document to widen the roadway on December 18, 1984. On February 11, 1985, the City Council authorized the preparation of final plans, specifications and cost • • Page 2 Subject: September 0 Coast Highway Widening (Phase I) (C -2565) FAU Project M -5001 (35) 22, 1986 Project -- MacArthur Boulevard to Jamboree Road estimate for the widening of Coast Highway between MacArthur Boulevard and Bayside Drive based on a phased construction plan (Phase I -- MacArthur Boulevard to Jamboree Road, Phase II -- Jamboree Road to Bayside Drive). The proposed Phase I project provides for three travel lanes in each direction, curb and gutter, sidewalk, a landscaped raised median, a storm drain, street lights,and modifications of the existing signals. All of the new roadway will be constructed along the northerly (inland) side within the existing right of way. Construction of this project will be administered by the City. A Caltrans Encroachment Permit to construct has been obtained, and the Coastal Zone Permit was approved by the Commission on September 11, 1986. The Engineer's estimate for construction of the project is $2,800,000 Funding under the current FAU formula will be 86% FAU and 14% City gas tax. Sufficient gas tax funds to cover the City's share have been budgeted in the current fiscal year. The plans and specifications were prepared by ASL Consulting Engineers. If acceptable bids are received, FHWA, through Caltrans, could authorize commencement of construction sometime this year. Completion of the project is anticipated in early summer 1987. The Contractor's activities will be restricted during the holiday season so as to not impede egress or ingress at Fashion Island. A sett of plans is available for review in the Council conference room. ' a`_ , P&4 an Benjamin B. Nolan Public Works Director HH:jw Att. 0 • r� Ah Ah PROGRAM- SUPPLEMENT No. 5 DIST. 7 - Ora- 0 -NptB TO PROJECT NO. M- 5 0 01 ( 3 5 ) LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 07 -5151 26 llSt DATE: August , 1986 This Program Supplement is hereby incorporated Into the Local Agency -State Agreement for Federal -Aid which was entered into between the LOCAL AGENCY and the STATE on 8 -11 -77 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article 11 of the aforementioned Master Agreement under authority of Resolution No. , approved by the LOCAL AGENCY on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project. It accepts and will comply with the convenants or remarks set forth on the following pages In the City of Newport Beach, Orange County, on PROJECT LOCATION: Pacific Highway (SR1) from Jamboree Rd. to MacArthur Blvd. Widen roadway, modify signals, drainage TYPE OF WORK: LENGTH: 1.35 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK: PRELIMINARY ENGINEERING RIGHT -OF -WAY (Other) XX CONSTRUCTION ENGINEERING © CONSTRUCTION TOTAL ESTIMATED COST FEDERAL FUNDS MATCHING FUNDS LOCAL: OTHER: OTHER: OTHER: $3,441,900 $2,975,178 $466,722 City of Newport Beach STATE OF CALIFORNIA LOCAL AGENCY DEPARTMENT OF TRANSPORTATION By Date By District Director of Transportation (Title of Authorized Official) Attest: District 7 Date (Title) .................................................................................. ............................... I hereb Certify upon my personal knowledge that budgeted funds are available for this encumbrance g Accountln Ofllcer "' Date Llso Chapter 9tetUSe Item Fiscal Yr. Program SC Category Fund Source S ),� W941 m3dedv2do C V,0.20 2 ! 0'' • Dist.: 7_ -Ora- 0 -NptB Proj. M- 5001(35) August 26, 1986 Page 2 of 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by Caltrans at regular intervals or as required for efficient operation of the completed improvements. 2. The City of Newport Beach will advertise, award and administer this project. The City will obtain State's concurrence prior to either award or rejection of contract. 3. In awarding, or agreeing to award the contract, the Local Agency agrees the payment of Federal funds will be limited to the detail estimate amount approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2), or its modification PR -2A, and accepts any increases in Local Agency funds. 4. The availability is deadlines and /or Director upon the Committee. 5. is 9 of Federal Funds will be subject to meeting other conditions as may be imposed by the recommendation of the FAU Advisory In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. SMY -3 RESOLUTION NO. 86 -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE PROGRAM SUPPLEMENT NO. 5 TO LOCAL AGENCY /STATE AGREEMENT NO. 07 -5151 COVERING THE FAU FUNDING FOR THE CONSTRUCTION OF THE COAST HIGHWAY IMPROVEMENT PROJECT FROM MacARTHUR BOULEVARD TO JAMBOREE ROAD WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Program Supplement No. 5 to Local Agency /State Agreement No. 07 -5151 covering the FAU funding for the Coast Highway improvement project; and WHEREAS, the City Council has reviewed the terms and conditions of said Program Supplement No. 5 to Local Agency /State Agreement No. 07 -5151 covering the FAU funding for the construction of the Coast Highway improvement project from MacArthur Boulevard to Jamboree Road, and finds them to be satis- factory and that it would be in the best interest of the City to authorize the Mayor and the City Clerk to execute said Program Supplement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Program Supplement above described is approved, and the Mayor and the City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 22nd day of September , 1986. ATTEST: tl' �_t /b`tGLi_ Assist. City Clerk