HomeMy WebLinkAboutC-2574 - Bayshores Screen WallCITY*OF NEWPORT BtACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768. NEWPORT BEACH, CA 92658 -8915
September 19, 1989
(714) 644 -3005
Devcon Enterprises, Inc.
1540 Commerce #H
Corona, CA 91720
Subject: Surety: Explorer Insurance Company
Bonds No.: 112 68 59
Contract No.: C -2574
Project: Bayshores Screen Wall
The City Council of Newport Beach on August 14, 1989 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
August 25, 1989, Reference No. 89- 456166.
Sincerely,
m� �6d
Irene Butler
Assistant City Clerk
IB:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN T0: EMPT RECORDING REQUEST PER
GWERNMENT CODE 61!13_
City Clerk e
City of Newport Beach 7F�
3300 Newport Boulevard EXEMPT'
Newport Beach, CA 92663 C$ { �rB���IIO
NOTICE OF CO LE:T1ON,'
PUBLIC WORKS
* 89- 456166
RECOADdO IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNA
3;00 AUG 2 5 1989
P.M,
4 L2"�7 RECORDER
1 o All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on February 24, 1989
the Public Works project consisting of Bayshores Community Screen Wall
Contract No, 2574
on which Devcon Enterprises, Inc. of Corona
was the contractor, and Explorer Insurance Company _
was the surety, was completed.
VERIFICATION
I, the undersigned, say:
CITY OF NEWPORT BFACH
�y
bli 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 A„gugf- 24, JgS9 at Newport Beach, California.
Public 'Works Director
VERIFICATION OF CITY CLERK
1, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on August 14, 1989 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 24, 1989
at Newport Beach, California.
Clerk City
mq MUM aimmi MAP
Iola M T938hmjvm
•
TO: CITY COUNCIL
FROM: Public Works Department
0
August 14, 1989
CITY COUNCIL AGENDA
ITEM NO. F -13
- 'r•n�L
AUG 14 1989
APPROVED
SUBJECT: ACCEPTANCE OF BAYSHORES COMMUNITY SCREEN WALL - (C -2574)
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 the screen wall along the Coast
Highway frontage of Bayshores has been completed to the satisfaction of the
Public Works Department.
The Bid Price was $307,337.00
Amount of Unit Price Items constructed 311,012.00
Amount of Change Orders 1,042.25
Total Contract Cost 312,054.25
The increase in the amount of the unit price items constructed
resulted from more low retaining wall being required than the non - retaining type
as had been shown on the plans.
Seven Change Orders were issued. The first, at no cost, provided for
additional site clearing. The second, in the amount of $1,330.00, provided for
an increase in the size of the wall footing. The third, in the amount of
$1,642.25, provided for removals of an abandoned water main encountered in the
excavation for the wall footing. The fourth, in the amount of $875.00, provided
for the removal and replacement of an area of tree root damaged sidewalk in the
Coast Highway right -of -way. The fifth, a credit of $500.00, provided for a
change in the wall cap. The sixth, in the amount of $1,400.00, provided for
• galvanizing the metal parts of the Marino Drive gate. The seventh, a credit of
$3,705.00, deleted the requirement for supplying 275 remote gate openers.
Funds for the project were budgeted in the General Fund, Account No.
02- 3397 -376. The City's contribution was $100,000.00, with the balance being
paid by the Bayshores Community Association.
i
•
•
•
Subject: Acceptance of yshores
August 14, 1989
Page 2
Community Screen Wall -2574)
The contractor is Devcon Enterprises, Inc. of Corona.
The contract date of completion was February 24, 1989. The contractor
delayed work at the main entrance to accommodate holiday traffic and experienced
difficulties in obtaining the special brick for the wall cap. The work was
substantially complete on March 20, 1989. The final clean -up and corrections
were completed on July 12, 1989.
a44�0'�l J, lu
Benjamin B. Nolan
Public Works Director
PD: so
TO:
— G S _ I�
STOP NOTICE R
NOTICE TO WITHHOLD TO HOLDER OF FUNDS �` CEO I
(Name of owner, construction lender or public officer)
(Address of owner or constructor lender)
HOLDER OF FUNDS,
YOU ARE HEREBY NOTIFIED THAT the undersigned claimant,
Philip J. Casas /CSD Management
(Name and address)
has furnished or has agreed to furnish general superintendancy
(labor, services, equipment, materials)
of the following kind bid, construct and oversee
(general description of labor, services, equipment or materials)
to or for Devcon Enterprises for the work improvement, located at, or known as:
(name of person to or for whom furnished)
Bayshore Screen Wall
(address, legal description, description of site or project identification)
$21.75 per man per day from incep-
The amount in value of the whole agreed to be done or furnished by claimant is $t ion plus 20% of pretax prof its
The amount in value of that already done or furnished by claimant is $_complete, subject to audit
Claimant has been paid the sum of $ 2500.00 and there remains due and unpaid the sum of $ 25, 000. 00 ( + —)
plus interest thereon at the rate of 10 —0--per cent per annum from January 1 19 89 .
YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST.
1�
Dated:_ 3/6/89 Aht J. Casas /CSD Management
Name of Claimant
23704 B1 Toro Rd. #316, E1 Toro, CA.
Address of Claimant 92630
STATE OF CALIFORNIA v e;
COUNTY DF 4A/ 67 ss. r{l L'7 �: n° J ya: `c`' -�u �\
CIO
being duly sworn, deposes
and says: That _he is the person(s) who signed the foregoing Stop Notice; that . —he has read the same and knows the contents thereof
to be true of h e.s own knowledge, except as to any matters or things that may therein be stated on h information and belief and
as to those matters and things _he believes them to be true.
r,
t
Subscribed and sworn to before me
N OFFICIAL SEAL
this day of ��A A', 19 MYRA KIRS(HENBAUM
NOTf.RY PUBLIC - CALRORNIA
ORANGE COUNTY
Notary Pub ie and in and for said State W COMM, Expires Sept. 1, 1991
'Ibis standard form coven most umel smblems in the Held Indreeted. Before you s1ynl 'ad k. 611 in an blade.
STOP NOTICE and make chaa`.a swop.' to your te,=actron, comult alewryew if you doubt the forms fi ss to' You' eu'noaa.
WOLCOTTS FORM 889 —Rev. 1.78 tpMe class3)
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
Cl`2 A 1b t`
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: November 16, 1988
SUBJECT: Contract No. C -2574
Description of Contract Bayshores Screen Wall
Effective date of Contract November 16, 1988
Authorized by Minute Action, approved on October 24, 1988
Contract with Devcon Enterprises, Inc.
Address 1540 Commerce #H
Amount of Contract $307,337.00
sietzet
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
^1
0
NOTICE INVITING BIDS
' CITY CLERK
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 11:00 A.M. on thel3th day of October , 1988,
at whit time such bids shall be open—ed-and read for
BAYSHORES SCREEN WALL
it e
of Project
,U
2574
Contract No.
$345,000
Engineer's Estimate
Ot�i
n
Is,
Approved by the City Council
this .2th day of Spp tamhar, 1988.
Wanda E. Raggio lof
City Clerk
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport Boulevard,
P. 0. Box 1768, Newport Beach, CA 92658 -8915.
For further information, call Steve Badum at 644 -3311.
Project Manager
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
BAYSHORES SCREEN WALL
•.
CONTRACT NO. 2574
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92658 -8915
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. 2574 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:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Clear and grub
@ Eight Thousand --------------- - - - - -- Dollars
and
No ------------------------ -- ------- - Cents $ 8,000.00
Per Lump Sum
2. 735 Slump block wall with brick cap and
Linear Feet footing, non - retaining Detail No. 1/3
@ One Hundred Sixty Five ------- - - - - -- Dollars
and
No --------------------------------- - Cents $ 165.00 $ 121,275.00
Per Linear Foot
3. 440 Slump block wall with brick cap and
Linear Feet footing, retaining Detail No. 2/3
@ One Hundred Seventy ---------- - - - - -- Dollars
and
No --------------------------------- - Cents $ 170.00 $ 74,800.00
Per Linear Foot
PR 1.2
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 275 Slump block wall with brick cap and
Linear Feet footing, retaining Detail No. 3/3
@ One Hundred Sixty Eight------ - - - - -- Dollars
and
No----- ---------------------- - -- - -- -Cents $ 168.00
Per Linear Foot
5. 42 Slump block wall with brick cap and
Linear Feet footing, non - retaining Detail No. 4/3
$46,200
@ One Hundred Sixty------------ - - - - -- Dollars
and
No------------------------- ---- ---- -Cents $ 160.00 $6,720.00
Per Linear Foot
6. 54 Slump block wall with mortar cap and
Linear Feet footing, Detail No. 1/5
@ Seventy Three---------------- - - - - -- Dollars
and
No------------ --------------------- -Cents $ 73.00 $3,942.00
Per Linear Foot
7. Lump Sum Back entrance improvement, including
gate, curb, gutter, driveway approach,
paving complete in place
@ Twenty Eight Thousand Five Hundred - Dollars
and
No --------------------------------- - Cents $28,500.00
Per Lump Sum
8. Lump Sum Main entrance access gates, complete
in place
Twelve Thousand Six Hundred-- - - - - -- Dollars
and
No-------- ------------------------- -Cents $12,600.00
er Lump Sum
r] L
PR 1.3
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
9. Lump Sum Main entrance improvements
@ Five Thousand Three Hundred -- - - - - -- Dollars
and
No--------- ------ -- -- ------ ---- ---- - Cents
Per Lump Sum
TOTAL PRICE WRITTEN IN WORDS:
Three Hundred Seven Thousand Three Hundred Thirty Seven - -- Dollars
and
No-------------------------- ---- ------- ---------- -- - - - - - -- - Cents
522405 B , C -29
Contractor's Lic. No. & Classification
(714) 272 - 4010/11
Bidder's Telephone Number
Devcon Enterprises, Inc.
Bidder
$5,300.00
$307,337.00
10/13/88 1540 Commerce #H, Corona, CA 91720
late Bidder's Address
0 0
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 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 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.
Bids shall not be received from bidders who are not licensed in accordance
with the provisions of Chapter 9, Division III of the Business and Professions'
Code. The low bidder shall also 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 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.
Page 2
Contract 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 part-
nerships, 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
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.
522405 B, C -29
Contr's Lic. No. & C ash sification
10/13/88
Devcon Enterprises
L�idder
s /SteVeY d', r sident
Authorized ature/ tle
• Page 3
•
I
DESIGNATION OF SUBCONTRACTOR(S
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer.and as provided by State law.
Subcontract Work Subcontractor Address
1. Electrical Argo Electric 260 W. Arrow #C, San Dimas
2.
Concrete Andrus Construction 9023 Golden Star, Riverside
3. Security Gates Access Controll 3910 E. Coronado #E, Anaheim
q. Wooden Gate California Woodwork 23011 Moulton Pkwy, Laguna Hills
5.
6.
7.
8.
9.
10.
11.
12.
Devcon Enterprises
Bi r
s /Steve 1, Vi President
o i ed Si ature Tit e
• • Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, Devcon Enterprises, Inc. as bidder,
and The Explorer Insurance Company as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten Percent of the amount of accompanying bid Dollars ($ 10% of bid )�
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
Bayshores Screen Wall C -2574
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 agreed 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 7th day
Of October 19 88.
Devcon Enterprises, Inc.
(Attach acknowledgement of Bidder
Attorney -in -Fact)
Kim M. Mouzon s /Steve Jundi, Vice President
Notary Public Authorized Signature /Title
Commission Expires: 12 -16 -1991 plorer Insurance Company
Simurety
.u..A
Title .Attorney -In -Fact
9
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 arrange-
ment 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 con-
sidering 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 sug-
gested, 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 whomso-
ever 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.
Devcon Enterprises, Inc.
Bidder
s /Steve Jundi, Vice President
Authorized Signature /Title
Subscribed and sworn to before me
this 11th day of October ,
1988 .
My commission expires:
June 12, 1989 s /Diana S. Sensenbaugh
Notary Public
Page 5
•
• Page 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.
1988
City of G.G.
John Licata
(714)
741 -5179
1988
County of Orange (EMA)
James Wahner
(714)
892 -6860
1988
Rock.y's Food Distributors
Ralph Cimarusty
(213)
726 -8250
Devcon Enterprises, Inc.
Bidder
ut orize Signature/Title
0 i Page 7
NOTICE
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 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.
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 Ratin Guide: Pro erty- Casualty.
Coverages shall be provided or all TYPES OF INSURANC 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 for Public Works Construction (latest edition
opte
add for use in the City of Newport Beach), except as supplemented
or modified by the Special Provisions for this project.
• • Page 8
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That
BOND #112 68 59
PREMIUM: SEE PERFORMANCE BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted
has awarded to DEVCON ENTERPRISES, INC.
hereinafter designated as the "Principal ", a contract for BAYSHORES SCREEN WALL
CONTRACT NO. 2574
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,
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
DEVCON ENTERPRISES, INC.
as Principal, and EXPLORER INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
THREE HUNDRED SEVEN THOUSAND THREE HUNDRED THIRTY SEVEN0710011ars ($ 307,337.00 - - - -),
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
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.
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 of action to them or their assigns in any suit brought upon
I
0
Payment Bond (Continued)
• Page 9
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 3RD day of NOVEMBER , 19 88
DEVCON ENTERPRISES, INC. (Seal)
Name of Contractor Principal
and title
Authorized Signature and Title
EXPLORER INSURANCE COMPANY (Seal)
Name of Surety
1890 NORTH GAREY AVENUE
POMONA, CA 91767
AddqNss of Surety
JAYn .UFREEMANTiATTORNE N NTFACTd Agent
1890 N GAREY AVE POMONA CA 1
ddress of Agent
714/623 -6161
Telephone No. of Agent
0
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
0
Page 10
BOND #112 68 59
PREMIUM: $7,147.00
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted
has awarded to DEVCON ENTERPRISES INC.
hereinafter designated as the "Principal ", a contract for BAY SHORES SCREEN WALL
CONTRACT NO. 2574
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, DEVCON ENTERPRISES, INC.
as Principal, and EXPLORER INSURANCE COMPANY
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
THREE HUNDRED SEVEN THOUSAND THREE HUNDRED THIRTY SEVEN 800 /lckllars ($307,337.00-- - - - -),
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 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,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
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• • Page 11
Faithful Performance Bond (Continued)
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 individua•1,
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 3RD day of NOVEMBER , 19 88
DEVCON ENTERPRISES, INC. (Seal)
lame of Contractor Principal)
J
and Title
Authorized Signature and Title
EXPLORER INSURANCE COMPANY (Seal)
Name of Surety
1890 NORTH GAREY AVENUE
POMONA, CA 91767
Address of Surety
Sig ture and Title of Authorized gent
JA P. FREEMAN, ATTORNEY -IN -FACT
1890 N. GAREY AVE, POMONA, CA 91767
Address of Agent
714/623 -6161
Telephone No. of Agent
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Explorer Insurance Company
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OP .ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under
the laws of the State of ARIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
JAY P. FREEMAN
its true and lawful Attorneys(s) -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 EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, 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 Attorneysmin-
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+n-
Fact shall be as binding upon the Company w it signed by the President and sealed and attested by the Secretary.-
IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed
by its duly authorized officers this 17th day of September, 1986.
EXPLORER INSURANCE COMPANY
cF \i SU,gSr
J
SEAL ��
o- v
Syr_.% President
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
On this 17th day Of Sept 1986 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego,
duly commissioned and qualified, came David E. Rodricks r Jr. r President of EXPLORER INSURANCE COMPANY to
me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of
the same, and being by me duty sworn, depowth 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 haw hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above
written. 4L'titiM1f Le.'L'.t5F5rti11:515fLY`W 4fLY.7LR'LW
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
C
Notary Public
I, the undersigned, James W. Austin III, Secretary of the EXPLORER INSURANCE COMPANY,.;o 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 haw hereunto subscribed my name as Secretary, and affixed the Corporate Seat of the Corporation, this
3RD day of NOVEMBER 79 88
.. EXPLORER INSURANCE COMPANY
ii SE,�L roi
.0 *err., 'O ^��� 5acretary
L }fit
OFFICIAL SEAL
1
'`
NANCY A. FAIRCHILD
Cut
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission ErD, lone 26. 1987
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
C
Notary Public
I, the undersigned, James W. Austin III, Secretary of the EXPLORER INSURANCE COMPANY,.;o 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 haw hereunto subscribed my name as Secretary, and affixed the Corporate Seat of the Corporation, this
3RD day of NOVEMBER 79 88
.. EXPLORER INSURANCE COMPANY
ii SE,�L roi
.0 *err., 'O ^��� 5acretary
L }fit
i` *Certificate of Insurance*
The Nationwide Insurance Company indicated below certifies that the insurance afforded by the policy or policies numbered and
1 described below is in force as of the effective date of this certificate. This Certificate of Insurance does not omend, 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:
F_ CITY OF NEWPORT BEACH
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA. 92663
ATTENTION: STEVE BADUM
tnswed's Name and Address: DEVCON ENTERPRISES, INC.
1540 COAIbfERCE ST., UNIT H
CORONA, CA. 91720
msoronce m larce only for hatoras ind,coiaa by X.
Description of Operotions!LocoYens/ PROJECT TITLE. AND CONTRACT NUMBER:
VenicIcs /Re Ytrvions /Speclol Items BAYSHORES SCREEN WALL C -2574
NATIONWIDE MUTUAL INSURANCE COMPANY
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY
WHATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY
1 r Columbus, Ohio
ml �z S.,rfGy
11 -3 -88 W.H. SWARTWUUD a. L—)
DESCRIPTIVE SCHEDULE
TYPE OF INSURANCE
POLICY NUMFER AND
POLICY
EFFECTIVE
POLICY
EXPIRATION
LIMITS OF LIABILITY
ISSUING COMPANY
DATE
DATE
GENERAL LIABILITY
General
Aggregate $1,000, 000
® Premises - Operations
Pr. Comp. Op. Agg. $1,000, 000
• ® Products - Completed
Operations
Each Occurrence $1,000, 000
® Personal and
73PR 006854 -5001
3121188
8121189
Any One Person or
'1,000,000
Advertising Injury
Organization
LR] Medical Expense
Any One Person $ 5, 000
Q1 fire Damage legal
Any One Fire $ 50, 000
❑ Other Liability
AUTOMOBILE LIABILITY
Bodily Injury OCCURRENCE
Q Comprehensive Form
(Each Person)
Q Owned
Badily I njury
(Each Accident)
Hired
73BA 006854 -0004
2126188
2126189
Property Damage
�1 Non -Owned
Bodily Injury and
Property Damage $1, 000,000
Combined
EXCESS LIABILITY
Bodily Injury and
—❑ Umbrella Form
Property Damage Occ
Combined Agg
® Workers' Compensation
STATUTORY LIMITS
Bodily Injury Each Accident
and
73WC 006854 -0002B
3121188
8121189
by Accident $100 000
Bodily Injury Policy Limit
QCl Employers' Liability
by Disease 500.000
Bodily Injury Well fmpla)ee
by Disease $100, 000
msoronce m larce only for hatoras ind,coiaa by X.
Description of Operotions!LocoYens/ PROJECT TITLE. AND CONTRACT NUMBER:
VenicIcs /Re Ytrvions /Speclol Items BAYSHORES SCREEN WALL C -2574
NATIONWIDE MUTUAL INSURANCE COMPANY
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY
WHATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY
1 r Columbus, Ohio
ml �z S.,rfGy
11 -3 -88 W.H. SWARTWUUD a. L—)
• •
POLICY NUMBER:73PR006854 -5001 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies Insurance provided under the following: DEVCON ENTERPRISES
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: BAYSHORES COMMUNITY ASSOCIATION
C/O VILLIAGE MANAGEMENT
PO BOX 4708
IRVINE, CA. 92711
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of 'your work" for that insured by or for you.
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑
POLICY NUMBER: 73PR 006854 -5001 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CANCELLATION BY US
This endorsement modifies insurance provided under the following: DEVCON ENTERPRISES, INC.
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART.
SCHEDULE
Number of Days 30
(If no entry appears above, information required to complete this Schedule will be shown in the Declarations as
applicable to this endorsement.)
Paragraph 2. of CANCELLATION (Common Policy Conditions) is replaced by the following:
2. We may cancel this Coverage Part by mailing or delivering to the first Named Insured written notice of
cancellation at least:
a. 10 days before the effective date of cancellation if we cancel for non payment of premium; or
b. The number of days shown in the Schedule before the effective date of cancellation if we cancel for any
otherreason.
CG 02 12 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑
e
OFFICE NLO.C. • Due Date Change name froth State County Region
USE: ................................ ..............................( ) ( ) 1 1
ENDORSEMENT
Subject to all other term and conditions of the policy, it is understood
and agreed that the policy stated below is hereby amended as follows:
It is agreed that:
1. With respect to such insurance as is afforded by the policy for bodily
injury and property damage liability, the city of Newport Beach, its
officers and employees are additional insureds but only with respect to
liability for damages arising out of the ownership, maintenance or use
of automobiles (or autos) used by or on behalf of the named insured in
connenction 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 automobiles (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
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 or suit
is brought, except with respect to the limits of the insurance
company's liability."
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.
Job Location: Bayshores Screen Wall, Contract number C -2574
The following item shall be
if this endorsement is not referred to by number in the policy to which this endorsement is attached.
m
reached to and Inrminy part of policy Ellective at 12:01 A.M. on policy dlaclive data This endorument wrierudes any prior
FA
u mba r.73BA006S54 -0004 or, on 11 /9 /RR (whiG)wer is la url, endorsement numbered:
Mu. nav Veu _
This endursemcni is txccutcd by Nationwide Mutual In,ur.nce Cumpany if
NATIONWIDE MUTUAL INSURANCE COMPANY
said Company has issued the policy to which Ibis endorsement is al ched;it
uompany
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY
is executed by Nationwide Mutual Fire lusutance Company it said C
has issued the policy to which thisenderwmenl is attached.
Columbus, Ohio
Issued to:
Devcon Enterprises 7
1540 Commerce Street, Unit H
Corona, Ca. 91720
J
3rrrrwry /Yndrer
Cou nlasigned al: Orange / A orixed z senlabvc
e
• • Page 15
CONTRACT
THIS AGREEMENT, entered into this 11�day of�mt�19,
by and between the CITY OF NEWPORT BEACH, hereinafter 'VT 7," and
Devcon Enterprises, Inc. , hereinafter "Contractor, "is made with
reference to the following facts:
(a) City has heretofore advertised for bids for the following
described public work:
Baysh Screen Wall 2574
Title nres 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:
n Wall 2574
itle 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
Three_ Hundred Seven Thousand Three Hundred Thirtv SPvpn --------- ($307.337.00 .
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)
0
(f) Plans and Special Provisions for
e
(g) This Contract.
tract No.
Page 16
4. Contractor shall assume the defense of, and indemnify and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximately caused by the sole
negligence of City or 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:
APPROVED AS TO FORM:
Authorized Signature and Title
t) C
0 6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
TO
SPECIAL PROVISIONS
FOR
BAYSHORES SCREEN WALL
CONTRACT NO. 2574
SECTION
PAGE
I.
SCOPE OF WORK . . . . . .
. . . . . . . . . .
. 1
II.
PLANS AND SPECIFICATIONS
. . . . . . . . . .
. 1
III.
AWARD OF CONTRACT . . .
. . . . . . . . . .
. 1
IV.
COMPLETION, SCHEDULE AND
PROSECUTION OF WORK
. 1
V.
WORK HOURS . . . . . . .
. . . . . . . . . .
. 2
VI.
PAYMENT . . . . . . . .
. . . . . . . . . .
. 2
VII.
UTILITY SERVICE . . . .
. . . . . . . . . .
. 2
VIII.
WORK WITHIN COAST HIGHWAY
RIGHT OF WAY . . .
. 2
IX.
WORK WITHIN BAYSHORES .
. . . . . . . . . .
. 2
X.
FINAL CLEANUP . . . . .
. . . . . . . . . .
. 3
XI.
PERMITS . . . . . . . .
. . . . . . . . . .
. 3
XII.
CONSTRUCTION SURVEYS AND
STAKING . . . . . .
. 3
XIII.
INSURANCE . . . . . . .
. . . . . . . . . .
. 4
A. Liability Insurance
. . . . . . . . . .
. 4
1. Special Endorsement
. . . . . . . .
. 4
2. Limits . . . . .
. . . . . . . . . .
. 4
B. Workers Compensation
Insurance . . . . .
. 4
Page 1 of 2
0 6
INDEX TO SPECIAL PROVISIONS
BAYSHORES SCREEN WALL
CONTRACT NO. 2574
SECTION
PAGE
XIV. CONSTRUCTION
DETAILS . . . . . . . .
. . . . . 5
A.
Clearing and Grubbing . . . . .
. . . . . 5
B.
Portland Cement Concrete . . . .
. . . . . 5
C.
Asphalt Concrete Pavement . . .
. . . . . 6
D.
Slump Block Walls . . . . . . .
. . . . . 6
E.
Back Entrance Improvements . . .
. . . . . 6
F.
Main Entrance Access Gates . . .
. . . . . 6
G.
Main Entrance Improvements . . .
. . . . . 7
XV. APPENDIX
Caltrans Encroachment Permit (City of Newport
Beach copy)
Page 2 of 2
I. SCOPE OF WORK
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
BAYSHORE SCREEN WALL
CONTRACT NO. 2574
• SP 1 of 7
The work to be done under this contract consists of constructing
approximately 1,500 linear feet of eight- foot -high slumpstone block wall
across the frontage of Bayshores along West Coast Highway from Balboa Bay
Club to Bayshores Drive, and main entrance modifications at Bayshore
Drive. The contract includes the removal of the existing wood and chain
link fences, gate and landscaping as necessary to construct the wall, and
sidewalk curb and pavement removal necessary to construct a new drive
approach and gate. Additionally, this contract includes modifications to
the main entrance consisting of the removal and reconstruction of a block
wall, stone pier, curb, gutter and sidewalk as well as the addition of
barrier gates.
II. PLANS AND SPECIFICATIONS
The contract requires the completion of all the work in accordance with
these Special Provisions, the Plans (Drawing No. M- 5254 -S) the City's
Standard Special Provisions and Standard Drawings for Public Works
Construction ( 988 Edition), and the Standard Specifications for Public
Works Construction (1988 Edition), including supplements. Copies of the
Standard Specifications may be purchased from Building News, Inc., 3055
Overland Avenue, Los Angeles, Califonia 90034, telephone (213) 870 -9871.
A copy of the Standard special Provisions and Standard Drawings may be
purchased at the Engineer's office for $5.
III. AWARD OF CONTRACT
The City reserves the right to award the contract based on the lowest
acceptable bid for the total contract within 30 days of the bid opening.
IV. COMPLETION, SCHEDULE AND PROSECUTION OF WORK
All work under this contract shall be completed in one hundred (1001..
consecutive calendar days after the City Council awards the contract. A
complete schedule showing the Contractor's proposed plan of construction
shall be submitted in writing for the Engineer's approval at the
preconstruction meeting. If, during the construction period,
modifications of plan or schedule are required, each modification shall be
approved by the Engineer prior to altering the previously approved
schedule.
V. WORK HOURS
• SP 2 of 7
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. Violators are subject to citation and fine. There
shall be no work performed on Sundays or holidays.
VI. PAYMENT
The unit or lump sum prices 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 (e.g., excavation, removal, sawcutting, patchback, protecting
property corners, root pruning, utility adjustments, expansion joints,
joint sealant, etc.) shall be included in the unit prices bid for other
items of work.
The substitution of securities for any payment withheld in accordance with
Section 9 -3.2 of the Standard Specifications is permitted pursuant to
Government Code Sections 4590 and 14402 -5.
VII. UTILITY SERVICE
The contractor shall provide all water and electricity required for
construction. Construction water may be obtained from certain nearby City
fire hydrants by making arrangements with the City Utilities Department,
(714) 644 -3011. If the Contractor elects to use the City's water, a $500
meter deposit will be required. Upon return of the meter in good
condition to the City, the deposit will be returned to the Contractor less
a quantity charge for water usage.
VIII. WORK WITHIN COAST HIGHWAY RIGHT OF WAY
The block wall construction is on private property. The Coast Highway
right -of -way line is shown on the plans. Construction work within the
Coast Highway right of way requires a CalTrans encroachment permit. There
shall be no work or deliveries performed within the Coast Highway roadway
unless the Contractor obtains a CalTrans encroachment permit. No
materials may be stockpiled or stored within the Coast Highway right of
way unless a permit is obtained.
IX. WORK WITHIN BAYSHORES
Bayshores is a fenced and gated private- street community with a 24 -hour
gate guard at the Bayshores Drive entrance. The Marino Drive entrance is
closed and locked except in emergencies. There are no sidewalks,
therefore pedestrians -- including small children - -must walk in the streets.
SP 3 of 7
The Contractor shall use the Marino Drive entrance for vehicles. Vehicle
traffic shall be limited to the highway alley and the first block of
Crestview Drive east of Marino Drive when necessary. Transit mixed
concrete trucks are prohibited on the alley adjacent to Coast Highway.
All vehicles that will be in Bayshores are required to have a temporary
permit displayed in the windshield at all times. Permits are available
without charge from the gate guard.
Such vehicles are granted entry on condition their drivers follow
Bayshores traffic rules, and the general contractor will be held
responsible for the actions of his employees, as well as those of his
subcontractors and material suppliers. The rules require a speed limit of
15 m.p.h. in the streets, 10 m.p.h. in alleys. Violators will be denied
subsequent entry.
The storage of materials for the project will be allowed on the alley
which parallels West Coast Highway. Storage in the alley will require
traffic control signing and delineation in accordance with the Work Area
Traffic Control Handbook (W.A.T.C.H.). Those materials stored in the
alley shall not block the alley or restrict access to the garages. A
minimum of a ten - foot -wide clear area shall be maintained along the alley
to provide vehicular access.
X. FINAL CLEANUP
Upon completion of the work, the Contractor shall clean all work areas,
and all other grounds occupied by him in connection with the work of all
rubbish, excess materials, temporary structures, and equipment; and all
parts of the work and grounds occupied by him shall be left in a neat and
presentable condition.
Full compensation for conforming to the requirements of this article shall
be considered as included in the contract bid prices paid for the various
items of work, and no additional compensation will be allowed therefor.
XI. PERMITS
The City has obtained an encroachment permit from CalTrans for work within
the State right of way at the back entrance on Marino Drive. The
contractor shall conform to the provisions of this permit which is
included in the Appendix of these Special Provisions. The contractor
shall obtain an additional encroachment permit from the State to perform
the work within the State highway right of way. All costs incurred for
inspection and for conforming to the provisions of this permit shall be
considered as included in the contract prices paid for the various items
of work as shown in the bid schedule.
The Contractor shall obtain, at his expense, an Electrical Permit from the
City Newport Beach Building Department for construction of the access
gates at Bayshores Drive.
• • SP 4 of 7
XII. CONSTRUCTION SURVEYS AND STAKING
Field staking for control of construction shall be provided by the
Contractor. Limits of removal shall be field- identified by orange paint
marks by City. Existing property corners and survey ties adjacent to
removals shall be replaced by the Contractor. In situations where
property corners or survey ties interfere with the work, the Contractor
shall survey and reset property corners and survey ties.
XIII. INSURANCE
A. Liability Insurance
The word "agency" in Subsection 7 -3 of the General Provisions of the
Standard Specifications shall mean "the City of Newport Beach." Since
the majority of work to be performed is within Bayshores property the
Bayshores Community Association shall be named as additionally insured.
1. Special Endorsement
A standard "Special Endorsement of Insurance for Contract Work for
City" form has been adopted by the City. The form is to be
attached and made a part of all policies of insurance acceptable to
the City. The successful low bidder will be required to complete
this form upon award of the Contract.
2. Limits
The liability insurance coverage in Section 7 -3 of the General
Provisions of the Standard Specifications is hereby amended to
provide the following minimum limits:
Bodily Injury $500,000 each person
$1,000,000 each occurrence
$1,000,000 aggregate products and complete
operations
Property Damage $500,000
$1,000,000
Combined A combined
limits in
considered
limits.
B. Workers Compensation Insurance
each occurrence
aggregate
single limit policy with aggregate
the amount of $2,000,000 will be
equivalent to the required minimum
In addition to the requirement specified in Subsection 7 -4 "Workers,
Compensation Insurance," of the Standard Specifications, the Contractor
shall provide an endorsement of the certificate of insurance on the
• SP 5 of 7
forms provided waiving any right of subrogation it may acquire against
the City of Newport Beach Agency, Bayshores Community Association,
their officers and employees by reason of any payment on account of
injury including death resulting therefrom sustained by any employee of
the insured.
XIV. CONSTRUCTION DETAILS
A. Clearing and Grubbing
Clearing and grubbing shall be done in accordance with Section 300 -1 of
the Standard Specifications and the following special provisions.
It is the intent of this contract to construct a block wall
approximately along the same alignment as the existing fence and walls
while protecting the designated trees as much as possible. The Clear
and Grub bid item includes removal of the existing wood and chainlink
fences, gate, block wall, stone pier, curb, gutter, sidewalk and AC
paving. This item also includes the grading and removals necessary to
construct the new block wall. The removal of bushes, vines, shrubs,
trees and other plant material is to be included in this item.
All trees indicated to be protected shall be protected in place and the
Contractor shall exercise caution to avoid damage to root structure as
a result of his operation.
All trees to be protected in place will be marked with flagging,
however, in the course of wall construction it may be necessary to trim
roots. Payment for root pruning shall be considered as included in the
contract prices paid for the various items of work and no additional
compensation will be allowed therefor.
A temporary fence is to be provided when the existing fence and gate
are removed across the Marino Drive frontage. This gate, and the new
gate when constructed, shall be closed and locked except during working
hours. In the other areas, a temporary fence shall be provided
adjacent to the existing sidewalk. The Contractor may remove fence
fabric during working hours to facilitate construction. The contractor
may utilize existing chainlink for temporary purposes. The cost of
providing fencing is to be included in the clear and grub bid item.
B. Portland Cement Concrete
All concrete shall conform to Class 560 -C -3250 with a maximum slump of
four (4) inches at the time of placement. The Contractor shall submit
mix designs and material certifications to the Engineer for approval
prior to beginning work. Concrete for curb, gutter, sidewalk and
approaches shall conform to the grade, dimension, color and finish of
the adjoining P.C.C. improvements.
Full compensation for constructing curb, gutter, sidewalk and
approaches including aggregate base shall be considered as included in
the lump sum prices paid for constructing the main and back entrance
improvements.
0
Full compensation for constructing wall
and cast -in- drilled -hole piles, shall be
unit price paid for linear foot of slump
bid schedule.
C. Asphalt Concrete Pavement
0 SP 6 of 7
footings including grade beam
considered as included in the
block walls as shown in the
Asphalt concrete shall be Type III -C3 -AR -4000 with a minimum of 6%
paving asphalt.
Full compensation for asphalt overlays and asphalt pavement including
aggregate base shall be considered as included in the lump sum prices
paid for main and back entrance improvements.
D. Slump Block Walls
Concrete masonry units
ASTM designation: C90,
grade N, slump block.
masonry units shall be
tan; San Juan, La Paz,
shall be submitted to
Portland cement mortar
shall be hollow, load bearing, conforming to
lightweight or medium weight classification,
Standard or open end units may be used. The
of nominal size and the color shall be light
buff or equal. Two samples of concrete block
the Engineer for approval of color and finish.
shall be colored to match the units.
Brick cap shall utilize 2- 3/16" x 3 -1/2" x 11 -1/2" bullnose and
2- 3/16" x 3 -1/2" x 7 -112" brick, flashed red in color. Two samples of
each type brick shall be submitted to the Engineer for approval of
color and finish.
The contract price paid per linear foot for slump block wall shall
include full compensation for furnishing all labor, materials, tools,
equipment and incidentals, and for doing all work involved in
constructing slump block walls including excavation, backfill, disposal
of surplus material, cast -in- drilled hole concrete pilings, grade beam
footings, reinforcement, grouting and brick cap complete in place as
shown on the plans and no additional compensation shall be allowed
therefor.
E. Back Entrance Improvements
Back entrance improvements consist of constructing curb, gutter,
sidewalk, approach, asphalt concrete paving and wood gate at the Marino
Drive entrance.
Full compensation for constructing curb, gutter, sidewalk, approach,
asphalt concrete paving, wood gate and all other items necessary to
construct the entrance complete in place shall be considered as
included in the contract lump sum price paid for back entrance
improvements, and no additional compensation will be allowed therefor
SP 7 of 7
F. Main Entrance Access Gates
Access gates for the Bayshores Drive main entrance shall be model BA100
barrier gates as manufactured by Access Controls Co., Anaheim, CA (714)
630 -6120 (Contact: Jeff Szabo) or equal as approved by the Engineer.
The Contractor shall submit product description, installation
instructions, electrical plan and performance data for all equipment
for approval by the Engineer, before starting the work.
Before the completion of the project, all operation and maintenance
manuals, parts lists, electrical diagrams, manufacturers warranties,
and as -built drawings shall be delivered to the Engineer.
Full compensation for providing and installing main entrance access
gates including excavation, patchback, electric gates, concrete bases,
protecting post, detector loops, gate house controls, conduit wiring,
and all incidentals necessary to construct access gates complete in
place shall be considered as included in the contract lump sum price
paid for main entrance access gates and no additional compensation
will be allowed therefor.
G. Main Entrance Improvements
Main entrance improvements consist of constructing curb, gutter,
sidewalk, access ramp, AC paving, and stone pier at the Bayshores Drive
entrance. Also included in this item are, the relocation and
modification of existing chainlink fence, mailbox, lighting fixtures
and electrical conduit.
Full compensation for constructing main entrance improvements as
described above and as shown on the plans complete in place shall be
considered as included in the contract lump sum price paid for Main
Entrance Improvements and no additional compensation will be allowed
therefor.
T;
Ut 1! 1
TO:
2F
Yr
7.- J - 1 ` -
787_. ..._..1046
. L 07-CRA-001 -18.50
And FCD�MIEZ-' ', �3
:v4av : 1 r r 1) !oA
m.r s r, S
c n,
L, T.: 1
F' E F� T 1 E (-'F. E
_hl ALL P1
ElY T .'r _E E' I,i I:fl(E, S
C(N 7.A 11*117, -,1. f�TF "POR FAIL_ 'F, E
RE! F.A` 3L;71E._-, TO S1,4TE I F_" 71 OF
I: Li
!4L
7e
L
J,
IT I-: THAT THE A204E 4F,E IN '!-DLE [T P__t! T'_. FERM! r PEES Afj[.-
%r
N followira attachnsrits are also included as p?,t o' this r.e,0 in ai4-i"i2n to ico the per P]ttee wi!.'
-able:
app I i, 'c"':
X Yes VanLal ProviBicre cc t ipN
Yes X No Utilitv Maintenance Provisions as f- "D
Yes_— -Ifo -pecial przylsionq 1�specticrl
Is; 7:E14 Vori:
—yes -140
ermit PequirEa Pricr to beqirn4 .,7 L:
Yes 1 N..L. ?he lnforMation in the envirceRtal docuTe,tAtzn }zr 'Ez, rs'lii,,,sd _,s!j2;-5j rric- to
arpoo,R! of this De.-31t.
This PE.!-T!t is Icid unlers t'le wod is c ieted be;cre Z'!'J11N :'. 17K
This Permit is t.- be strictly cons -riicd and no ot''q, work r.fhc. tNa-, is hgEo,, 3vthizef.
No pro7ert k:; j; 5h311 be Cog ^jp%pr Linti
i'23, -aces
V47-:'.
Ik
WORK SHALL E,E �tl_!z',FEIJDEL IF PERM IF CO)''; I z r AT j -'E -1 1 "TT.
IMMEDIAIELY FOLLF!WING CONFLETION OF THE 1,li-IRK PERFIiIIED FE;-EIII. THE FERMITTLE
SHALL FILL OUT 41JE' MAIL THE NOTICE OF COMFLETION ATTACHED TO THIS PERMIT.
1. Permit' , ae and permittee'= confr_�-"z =hall arrange for a Pre-job
confFren-E, with State Permit Inspector 11,. Larry 11?l ]erman by calling r-714,
639-6851 between 0700 and 0?00 at least three da. pri-D, to start of any work
authori;:ed t•ti this permit.
Carp s h a l l be e x e r i s o d a t 311 t i i i e s t o p c , , I : e C t e x i s t i n -
f a c i l i t i e s . Any damz4 ge r e s u l t i n g from w -: r 1: o.f thie 7, i f st.311 1:E- f r
Immediately by Fermiftc_,,: to the of thz =fate Permit [nsFe -A".
no cost to the 3'ats,
3. A minimum --,t two days prior to the st=rf "t any aljtherized
this permit. Fcrmittee shall notify UNI-ER"IriJUME' SERVICE ALEFT =t
4. It the WQrl: azuth,�rized L.", th;S pe.-,Mjt is to !:c: lcrt,-,rmej 1%;
forces for 2, Fut-lic Agcnc
the P e r r! i t e e ' s contractor s ha I I fu sh the
State with a sig.ned I t r I ? s r 11" i t
authotizing the contiactor to perform the woil:'within the Z' !.- HighwEy ri6h*
Of way for the Pelmi I. tee. The Perm i t tee , 5 raet r gill he re q u i I e,-, t,:)
reimburse the State for the cost i r e�' I :r c n- i rimsr i no inspection of the
work within t nc Sta tr' r j r,ht of way a15d other permit re I a te%j t i e I j .4o r
performed by Cal trans Maintenance Forces. The Fei m i t t s e' s contractor is
required to have thr- signed. criginai 'I:ermit or a cony with all Special
Provisions and Flans stamped FLAIJZ datUd July at the
job-site at all times while wort: is b-ina :,:,6A,jcted.
S. New wall, including founiatior, shall be cz�nEtru-ted outside •-f the 5t is
r i ght -c r -wa}
IS - Fermittee shall provide temporary fence,
r Sts-te Permit Inspect of
it dstermind ne,7ess -ry bY the
TH A. T THL FEE
M TTEE ',I ILL
E-E U I LLE_C FI-11%
-'A I P
COMFLET 1 011
OF ;-.LL I: EEI'l
I- Wokt..
FEPHITTEE.
HIE AGEIII _F.
_-UHTRA.-TOP -7
rI;E E-' C
!A:D 1'111VLf WITH L I,
PPIDV I S I ON 7:
r'F 71HIS FER:,11T
AND THE I
I p ii r T I
OF THE A T I-' E FP, E F. F 11 T A T I V E
WHILE- F I--_ F F
All'( '.J,-1Fj
!_E".
T(-i;,- PEFAN17%.
Ik
WORK SHALL E,E �tl_!z',FEIJDEL IF PERM IF CO)''; I z r AT j -'E -1 1 "TT.
IMMEDIAIELY FOLLF!WING CONFLETION OF THE 1,li-IRK PERFIiIIED FE;-EIII. THE FERMITTLE
SHALL FILL OUT 41JE' MAIL THE NOTICE OF COMFLETION ATTACHED TO THIS PERMIT.
1. Permit' , ae and permittee'= confr_�-"z =hall arrange for a Pre-job
confFren-E, with State Permit Inspector 11,. Larry 11?l ]erman by calling r-714,
639-6851 between 0700 and 0?00 at least three da. pri-D, to start of any work
authori;:ed t•ti this permit.
Carp s h a l l be e x e r i s o d a t 311 t i i i e s t o p c , , I : e C t e x i s t i n -
f a c i l i t i e s . Any damz4 ge r e s u l t i n g from w -: r 1: o.f thie 7, i f st.311 1:E- f r
Immediately by Fermiftc_,,: to the of thz =fate Permit [nsFe -A".
no cost to the 3'ats,
3. A minimum --,t two days prior to the st=rf "t any aljtherized
this permit. Fcrmittee shall notify UNI-ER"IriJUME' SERVICE ALEFT =t
4. It the WQrl: azuth,�rized L.", th;S pe.-,Mjt is to !:c: lcrt,-,rmej 1%;
forces for 2, Fut-lic Agcnc
the P e r r! i t e e ' s contractor s ha I I fu sh the
State with a sig.ned I t r I ? s r 11" i t
authotizing the contiactor to perform the woil:'within the Z' !.- HighwEy ri6h*
Of way for the Pelmi I. tee. The Perm i t tee , 5 raet r gill he re q u i I e,-, t,:)
reimburse the State for the cost i r e�' I :r c n- i rimsr i no inspection of the
work within t nc Sta tr' r j r,ht of way a15d other permit re I a te%j t i e I j .4o r
performed by Cal trans Maintenance Forces. The Fei m i t t s e' s contractor is
required to have thr- signed. criginai 'I:ermit or a cony with all Special
Provisions and Flans stamped FLAIJZ datUd July at the
job-site at all times while wort: is b-ina :,:,6A,jcted.
S. New wall, including founiatior, shall be cz�nEtru-ted outside •-f the 5t is
r i ght -c r -wa}
IS - Fermittee shall provide temporary fence,
r Sts-te Permit Inspect of
it dstermind ne,7ess -ry bY the
City of llewport Beach •
7 !7- 11MC -104E
7. Prior to __nstr,_i2tion of the waIl an:l !rc!. c. I ?tics of !:ite r. Prinit. w- rl'.
permittee shall procibc- for a F•rel imir, -r:, and i i.. ! S.'ir": nt waI l I :r -t i .r,
b: a Ii -- enc, ?d ssarvevor, as directed bq t:.. S '.a •:,rcii! Inspe ^tc•r. f1_ts_ of
suf = -hall be presentpd'tc, the Z- tat Fer«;i'. 11 1 :_ icr c': E.iStIic!. C,Ifi__
im Pit =•Jiat=1. ;.iron _, nip,I tiDn c l - urmit =rl..
8. Taaffic crrnt.rol shall be prc:ided t.r t Far «;it a!uI maintained it
ar_corda.:I with State Standards. ;_!b i.. uct t aC,c: el of :fate Permit
Inspector.
?. Fennitte? shall notify the CHF Area omraanc! <_r at least. at. hours priir to
imr1ementing any proposed `.raffia mtrcl
I''. Clos!!re of travel Lanus is not authcrirel ;_maer this permit. unless
spe^-ificall•, authorized by the State Fermit. Ine- r. to
11. Pedestrian traffic shall be rrovijeJ fDr and ,ro! =r. t. =d at all times.
12. All worl: performed under this permit = -h =.lI be Sul:,iect to the authority
and approval of State Permit Inspector.
N
:1
0
w
DEPARTMENT OF TRANSPORTATION • •
ENCROACHMENT PERMIT GENERAL PROVISIONS
DM.M- P-2028 1RE V. 7/871
1.
Anthority: Each Encroachment
the work and must be shown to
Instructlonsto Flaggers pamphlet
Permit is Issued In accordance
any representative of the Depart-
and/or Manual of Traffic Controls
with Chapter 3 of Division 1,
ment or any law enforcement
for Construction and Main-
commencing with Section 660,
officer on demand WORK SHALT,
tenance Work Zones Issued by the
et seq., of the Streets and High-
BE SUSPENDED IF PERMIT IS
Department
ways Code (SHC).
NOT AT JOB SITE AS PROVIDED.
14.
Storage of Equipment and
2.
Revocation Except as otherwise
9.
Cou acting Permits: If a prior
Materials: The permittee shall
'provided for public corpora-
encroachment conflicts with the
Install temporary railing (Type M
dons, franchise holders and
proposed work the new permittee
between any lane carrying public
uttlltles Encroachment Permits
must arrange for any necessary
traffic and any obstacle material
are revocable on five (5) days
removal or relocation with the
stored or equipment parked
notice These General Provisions
prior permittee. Any such removal
within twelve feet (12) ofthelane.
Utility Maintenance Provisions
or relocation will be at no expense
Utilities are subject to the
and any Encroachment Permit
to the Department
provisions of Section 22512
Issued hereunder are revocable or
10.
Permits From Other Agencies
of the California Vehicle Code
subject to modification or ab-
The party or parties to whon aper-
(CVC).
rogation at any time without pre-
mit is issued shall, whe. ever
15.
Care of Drainage: If the work con -
judlce, however, to prior rights
required by law. secure the written
templated In any Encroachment
including those evidenced byjoint
authorization for any work that
Permit shall Interfere with the
use agreements franchise rights
must be approved by the Public
established drainage. ample pro-
reserved rights or any other
Utilities Commission (PUClofthe
vfslonshallbe made bythepermit-
agreements for operating pur-
State of California CAILOSHA or
tee to provide for It as may be
poses In the State highway right -
any other public agency having
directed by the Department
of -way.
jurisdiction. Failure to comply
16.
Making Repairs; In every case. the
3.
Responsible Party. No party
with the law. as noted above, will
permittee shall be responsible for
other than the named permittee
invalidate the Department's
restoring to its former condition
or their agent is authorized to
permit
as nearly as may be possible any
work under any permit
11.
Provisions for Pedestrians:
portion of the State highway fa-
4.
Acceptance of Provisions: It
Where facilities exist a minimum
cllltywhich has been excavated or
is understood and agreed by the
sidewalk and bikepath width
otherwise disturbed by permittee.
permittee that the doing of any
offourfmt(41shalibemaintained
The permittee shall maintain the
work under this permit shall con-
at all times for safe passage
surface over facilities placed
stttute an acceptance of the pro-
through the work area At no time
under any permit If the highway is
visions of this permit and all
shall pedestrians be diverted onto
not restored as herein provided
attachments
a portion of the street used for
for, or if the Department elects to
'5.
Notice Prior to Starting Work:
vehicular traffic At locations
make repairs permittee agrees by
Before starting work under the
where adjacent alternate walk-
acceptance of permit to bear the
Encroachment Permit the per -
ways cannot be provided approp-
cost thereof
mlttee shall notify the designated
riatesignsand barricades shall be
17.
Permits for Record Only. If
Department representative two
installed at the limits of construe-
occupation of highway right -of-
(2) working days prior to Initial
tion and in advance of the closure
way 1s under joint use agreement
start of work When work has been
at the nearest crosswalk or Inter-
or under prior easement En-
Interrupted for more than five (5)
section to divert pedestrians
croachment Permits will be issued
working days an additional 24-
across the street
to the permittee for the purpose of
hour notification Is required
12.
Protection of TrafBc Adequate_,
providing the Department with
before restarting work unless
provisions shall be made for the
notice and a record of work The
a pre - arranged agreement has
protection of the traveling public
permit will also specify the
been made with the Department's
Warning signs, lights and safety
current terms and conditions
representative Unless otherwise
devices and other measures re-
relating topubllcsafety. No newor
specified, all work shall be per-
quired for the public safety, shall
different rights or obligations are
formed on weekdays and during
conform to the requirements of
intended to be created by the per -
normal working hours of the
the Manual of Traffic Controls
mlt in such cases and all such
Department's representative
issued by the Department Traffic
prior rights shall be fully protec-
6.
Standards of Construction: All
control for day or nighttime lane
ted Encroachment Permits Is-
work performed within the high-
closures shall be in conformance
sued In such cases shall have
way shall conform to recognized
with Department Standard Plans
designated across the face thereof,
standards of construction and
for Traffic Control Systems Noth-
"Notice and Record Purposes
the current Department Stan-
mgln thepennit is intended as to
Only". (District Office of Right
dard Specifications Standard
third parties to impose on permit-
of Way must give approval for
Plans and Manual on High and
tee any duty, or standard of care
this designation)
Low Risk Facilities Within
greater than or different than the
18.
Clean Up Rightrof Way: Upon
Highway Rights -of Way and
duty or standard of care
completion of the work all brush.
any Special Provisions relating
Imposed by law.
timber, scraps material etc. shall
thereto.
13.
Mfaimam Interference wtth Traf-
be entirely removed and the right-
7.
Inspection and Approval by the
fig All work shall be planned and
of -way shall be left in as present-
Department- All work shall be
carried out so that therewillbe the
able a condition as existed before
subject to monitoring Inspection,
least possible inconvenience to
work started
and approval by the Department
the traveling public The permit-
19.
Cost of Work: Unless otherwise
The permittee shall request a final
tee is authorized to place properly
stated on the permit or other
Inspection and acceptance of the
attired flagger(s) to stop and warn
separate written agreement all
work
conventional highway traffic
costs incurred for work within the
8.
Keep Permit on the Work She: The
Traffic shall not be unreasonably
State right -of -way pursuant to
Encroachment Permit or a copy
delayed Flagging procedures
this Encroachment Permit shall
thereof shall be kept at the site of
shall be in conformance with the
be home by the permittee, and
I/
20,
21
22.
23.
24.
permittee hereby waives all claims
for Indemnification or contribu-
tion from the State for such
work
Actual Cost Billing: When the
permittee is to be billed actual
costs (as indicated on the face of
the permit), such costs will be at
the current hourly rate estab-
lished by the Department for
Encroachment Permits.
Submit Plan: For installation of
all underground facilities, and all
surface work or other activity of
consequence, the permittee shall
furnish five (5) sets of plans show-
ing location and construction or
other activity with its application.
Thirty (30) days after completion
and acceptance of the work one (1)
set of as -built plans shall be sub-
mitted 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 Depart-
ment in the form and amount
required by the Department A
bond Is not ordinarily required of
any public corporation or pub•
licly- or privately -owned utility but
will be required of any utility that
falls to meet any obligation aris-
ing out of the work permitted or
done under an Encroachment
Permit or fails to maintain Its
plant. work or facilities The said
bond shall remain in force for a
period of one (1) year after accep-
tance of the work by the Depart-
ment.
Maintenance 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 result-
ing from the encroachment
Respouafbility for Damages The
State of California and all officers
and employees thereof, Including
but not limited to the Director of
Transportation and the Deputy
Director, shall not be answerable
oraccountable In any manner, for
injury 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 for
damage to property from any
cause The permittee shall be res-
ponsible for any liability imposed
by law and for injuries to or death
of any person. including but not
limited to the permlttee persons
employed by the permittee. per-
sons acting to behalf of the per-
mittee or damage to property
arising out of work or other ac-
tiviry permitted and done by the
permittee under a permit or aris-
ing out of the failure on the per-
mittee s part to perform his olr
0 0
tigations under any permit in res-
pect 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, prat anysubsequent time
work or other activity Is bem', per-
formed under the obligations pro
vided by and contemplated by
the permit.
The permittee shalt Indemnify
and save harmless the State of
California and all officers and
employees thereof. Including but
not limited to the Director of
Transportation and the Deputy
Director, from all claims, suits or
actions of every name. kind and
description 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, per-
sons acting in behalf of the per-
mittee and the public or damage
to property resulting from the per-
formance of work or other activity
under the permit, or arising out of
the failure on the perm,tee s part
to perform his obligations under
any permit in respect to main-
tenance 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
subsequent time work or other
activity is being performed under
the obligations provided by and
contemplated by the permit.
except as otherwise provided by
statute The duty of the permittee
to indemnify and save harmless
Includes the duties to defend as
set forth in Section 2778 of the
Civil Code The permittee 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 regard-
less of the existence or degree of
fault or negligence, whether active
or passive, primary or secondary.
on the part of the State the per-
mittee, persons employed by the
permittee, or persons acting
In behalf of the permittee.
25. Federal Civil Rights Regnire-
ments for Public Accommoda-
tion: A The permittee for himself.
his personal representatives suc-
cessors in interest, and assigns as
part of the consideration
hereof, does hereby covenant and
agree that: 1) no person on the
grounds of race, color, or national
origin shall be excluded from par-
ticipation In. be denied the
benefltsof, or be otherwisesubec
S
Led to discrimination in the use of
said facilities. 2) that in connec-
tion with the construction of any
improvements on said lands and
the furnishing of services thereon.
no discrimination shall be prac-
ticed in the selection of employees
and contractors by contractors In
the selection and retention of
first -tter subcontractors in the
selection of second -tier subcon-
tractors. 3) that such discrimina-
tion shall not be practiced against
the public in their access to and
use of the facilities and services
provided for public accom-
modations (such as eating sleep-
ing rest. recreation). and operated
on. over, or under the space of the
right- of -way. and 4) that the per-
mittee shall use the premises In
compliance with all other re-
quirements Imposed pursuant to
Title 15, Code of Federal Reg-
ulations. Commerce and Foreign
Trade Subtitle A Office of the Sec-
retary of Commerce Part 8
(15 C.F.R. Part 8) and as said
Regulations may be amended. B.
That in the event of breach of any
of the above nondiscrimination
covenanm theStateshall havethe
right to terminate the perm It and
to menter and repossess said
land and the facilities thereon
and hold the sameas ifsaid permit
had never been made or issued.
26. No Precedent Established: This
permit is issued with the under-
standing that any particular
action is not to be considered as
establishing any precendent (1)
on the question of the er edlency
of permitting any certal„ kind of
encroachment to be erected
within right -of -way of State
highways or(2) as to any utility of
the acceptability of any such per
mats 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 archaeologlst retained
by the permittee, will evaluate the
situation and make recommen
dations to the Permit Engineer
concerning the continuation of
the work
28. Future Moving of Installations: if
the Encroachment Permit was
issued at the request of the per
mittet It is understood that
whenever State construction.
reconstruction or maintenance
work on the highway requires the
Installation to be moved adjusted
or relocated the permitter at his
sole expense. upon request of the
Department shall comply with
said request.
Department of Transpor • ion(Celtrans) •
SPECIAL PROVISION "A"
(Attached to all Permits - 2 -82)
1. Permittee shell notify the Permit Inspector between 0700 and 0900
two (2) working days prior to starting any work authorized by this
permit. See the face of the permit for Inspector's telephone
number.
2. Permittee shall arrange for a pre - construction meeting at the job
site with the Permit Inspector and all.other interested parsons two
(2) working days prior to starting work, to discuss the permit
re -quiresents.
). In the event that all or a portion of this work is within the
working area of a State highway construction project, not work
shall be started u..til all arrange•ents have been made with the
State Contractor and Resident Engineer to avoid any and all
conflict or delay to the State Contractor.
0. Unless otherwise authorized by the Permit Inspector, all work
within State right of way shall be.in accordance with the current
Coltrane Standard Specifications and Standard Plans. The Uniform
Building Code may be used as the minimum specifications unless a
more stringent specification la required by the local agency,
permit or Permit Inspector.
Improvements shell be constructed at the location shown on the
Permittee'& approved plane if they do not conflict with State
:equireaente.
S.' Should there be any discrepancy between the terms of this permit
and the plane attached hereto, the terms of the permit will
prevail.
6. All inspection costa incurred incidental to this work &hall be
borne by the Permittee.
7. All work *hell be performed during the working hours regularly
assigned to Department of Transportation employees unless otherwise
authorized in writing.
8. All costs incurred for work within State right of way pursuant to
thin encroachment permit shall be borne by the Permittee, and
Permittee hereby waives all claims for indemnification or
contribution from the State for such work.
9. Upon completion of work, Permittee shall clean the highway and the
work area shall be left in a neat and presentable condition and to
the satisfaction of the Permit Inspector.
10. A minimum walkway and /or bike path width of 30 inches must be
maintained at all times 'for safe passage through the work area.
I1. Any work authorized by this permit which requires traffic diversion
•nd /or traffic interruption, including sidewalks and bike paths,
shall be approved by the Permit Inspector. See the face of the
permit for inspector's telephone number.
61
bepart.ment of Tranaportst9n (CALTRANS)
Special Pravi a Ion "A"
(attached to all Permits - 2 -82)
Page 2
12. Unless otherwise authorized by the Permit Inapector, the normal
traffic control she 11 be limited to the hours of 0900 - 1500 and
open for use by public traffic on S a t u r day e, Sundays, de a i g n a t a d
legal hoIidaya and of t e•r 3i00 P.M. on Fr idaya and the day preceding
designated legal holidays, and when construction operations are not
actively in progress on working days.
13. Designated legal holidays aret, January let, and third Monday in
February, the last Monday in May, July 4th, the first Monday in
September, November 11, Thanksgiving Day, and December 25th. When
■ designated legal holiday falls on Saturday, the preceding Friday
shall be a designated legal holiday.
14. The Permittes shell provide adequate protection of traffic in
accordance with the current traffic control requirements of the
Department of Transportation (Coltrane), the Standard
Specifications Section 7 =1.08 (Public Convenience), Section 7 -1.09
(Public Safety) and Section 12, (Construcion Area Traffic Control
Devices), and spacial provisions -f the permit. The condition and
location of other traffic control devices shall be approved by the
Permit Inspector and installed and maintained by the Permittse in
accordance with the permit.
All cones shall be 28 inch minimum height.
Portable delineators used in lieu of cones shalll be placed at one
half the spacing for cones.
All advance warning signs shell be 48 inch x 48 inch minimum for
approach speed$ of 45 MPH or more on two lane highways witl
traversable control and for approach speeds over 50 MPH on multiple
lane directional' half roadway and lane closures. At all other
speeds all warning sigma shall be 36 inch by 36 inch minimum except
that "Road Work Ahead" (23) shell be 30 inch by 30 inch minimum.
During the hours of darkness all necessary cones used for lane
delineation shall be illuminated or refiectorized for approach
speeds through 50 MPH. All flegperaons shall be trained and their
sole duty will be to control traffic. They shell wear white hard
hate, orange veste or jackets, and have an approved slow /stop
paddle. They shall be intervisable or be in communication via
2 -way radio. During the hours of darkness the v a a t or j a a k a t shall
b raf19ctorI%ad, flagman a t a t i o n a eha 11 be Illuminated ouch that
the flagman will be clearly visible to approaching traffic and all
necessary cones used for lane delineation shall be illuminated or
reflectoriz.ed for approach speeds through 50 MPH.
15. The signs used for traffic control shall either be covered, removed
from the right of way, or turned to face away from traffic when not
actually in use.
16. A11 lane c 1 o a u r a a on mu ItIl a n a highways a h a 11 be made u ing an
approved fleshing arrow sign. The State Inspector shall close down
any project found to have Such a lane cIoaure without the required
flashing arrow Signs.
G
Department of Tr anapor tat ion (CAI TRANS)
5pocIal Pr ovi a ton "A"
(attached to ell Permits - 2 -62)
Page 3
17. The Permittee a h a 1 1 notify the Division of Highwaya Signal
i
t a b a r atory at 213- 620 -2030, at le a et 72 hours in advance of any
excavation within 500' of the aigna l iced into r sec t on or in the
vic_i n i t y of S t a t a lighting fact lit le a. The Permittee end /or hie
contractor a a a u m a the raaponaIb111ty far the payment of all coats
Incurred by the State in repairing facilities damaged during
canatructIon. R a q u a a t a for relocation of foci IItIaa for the
c o n t r actor I cony r,c I n c a must be made In writing with the
contractor assuming costa.
18. Existing utilities shall be protected from damage by Permittee.
19. ;xieting highway facilities damaged by reason of the Permittee's
operations shall be repaired by the Permittee at his expense.
20. Permittee shall be responsible for notifying his contractor and all
sub - contractora of the provi a i a n a of this permit. No work will be
star tad until a copy of this permit is given to the contractor end
each of his sub-contractors,
21. The Permittee end /or the contractor shall submit a copy of all
required Cal-Oshe permits to the Permit Inspector prior to start Ing
work.
22. Thia permit shall be kept at the site of the work and must be shown
to any representative of the grantor or law enforcement of f scar on
demand, failure to comply may require stoppage of all work within
State right of we for a minimum of the remainder of the working
day.
23. All lane and pavement markings shall be removed by sandblasting or
air bleating.
24. Placement of pavement and lane marking- ohell be done by the
Permittee under the direct supervision f the State representative
In the field.
25. A survey "at no coat to the State" of the Permlttem'a property may
b r q I ad to verify camp Ii a n c a to approved p ana.
26. Should work take place between 0 c t a b a r 15' and April 15, Permittee
shall obtain a long -range clear weather forecast before breaking
into a me In line storm drain. f. o n a t r c ion of faci l it lee
connecting to the main line w 11 be permitted only during a c I a a
weather for a c a et that ie acceptable to the Ca I t r ens r e p r e a e n t e t l y e.
Once operations under this permit ere Initiated, the work shell be
conducted in a continuous manner until completed.
I
6
I
Department of Transportation (CALTRANS)
Special Provision "A"
(attached to all Permits - 2 -82)
Page 4
27. Abandoned connector pipes shall be sealed at both ends with 8 -inch
brick and mortar or six inches of concrete. When facilities are
allowed to be abandoned in place, backfilling with sand, or other
measures, any be required to protect the highway. This Is
mandatory for metal pipes 12" in diameter or larger and all other
pipes 24" in diameter or larger.
28. All inlet openings shall be provided with protection bare spaced to
provide on opening that d ^es not exceed six inches.
29. Pormittes shall not use Coltrane property for the temporary or
.permanent storage of excavated materials, rock, send, cement or
other material or any equipment, except as specifically noted.
9
Department of Tr a n a p a r t a t I a n (Caltrana)
STANDARD SPECIAL PROVISION "C" - (EXCAVATION AND BACKF ILL)
1 -82
I This Special Provision s'ieet "C" and its attachments are to be used
as a a I n I m u m a p a c I f I c a t I a n for excavating and backfilling within State
right .of way.
II Excavation Crossing Roadways
1. Pipes shell normally be jacked or otherwise forced underneath
pavement without disturbing came. Pavement or roadway shall not be
cut unless specifically allowed by the permit. Service pipes will
not be permitted ins.ie of culverts used as drainage structures.
2. Except for minimum dimension cut at tie -in to main, no open
excavation shall be made within 5' of the improved shoulder or
between the curb lines. '
3. Contractor shall comply with ml'1 State and local safety codes
relative to safety measures for protection of workmen in trenches
and excavations (State of California Adminietrative Code, Title
6)
4. All excavation shall be shared and /or tight sheeted in
accordance with CAL OSHA requirements.
y
5, work shall not be permitted in confined spaces until all
possible hazardous gases and vapors have been purged. Workmen
shall be equipped with adequate blowers, safety harnesses , hard
hats, rope e, ladders and any other equipment necessary. When
working in confined spaces, CAL OSHA requirements shall be adhered
to.
6. Service connections must be installed at an angle of 90 degrees
from the center line of the State highway which the main
traverses.
F
7. When the permit authorizes installation by the open -cut method
not more than one lane of the highway pavement shall be open -cut at
any one time. Any exceptions shall be in writing by the State
representative. After the pipe 1e placed in the open section, the
trench is to be backfilled in accordance with specifications,
temporary repairs made to the surfacing and that portion opened to
traffic before the pavement is cut for the next section.
S. Hazardous pipeline potholing clauses (petroleum dietilates,
gas, electricity, chlorine, etc.)s
The Parmittee shall furnish Coltrane with the results of this
exploration, having the location and grade shown to the nearest
one -tenth foot tied to State's datum, and certified by a
licensed surveyor or professional engineer (civil).
9. P.C.C. pavement shall be scored to a minimum depth of 1 -1/2
Inches by means of a concrete mew to provide a neat and a t r a I g h t
pavement break along both aides of trench; also, provide en
u n f r actured pavement j I n t and rigid bonding of pavement
10
0
-2-
Department of TreneportatIon (Celt tons)
STANDARD SPECIAL PROVISIONS "C" - (EXCAVATION AND OA�KF Lt)
1 -82
!I Excavation C r a a a I n Roadway (continued)
10. A.C. pavement shall be •cored ea required above for P.C.C.
Pavement except w h 0 r a In the opinIan of the Strata I n a p a c I a r the
p ave a ant has b en cut neat tend a t r a I C h t along both aidae of trench
to provide an u n l r a c t u r a d. a n d I a v a 1 pavement j I n t for bonding 11.
Where the edge of the trench is within 2 feet of exicting curb and
gutter, the ■apha It concrete pavement between the trench and the
curb shall be removed and replaced.
II. Whora the edge of t h a trench la wlthln 2 feet of a x I a t I n g curb
and gutter, the asphalt concrete pavement between the trench and
the curb *hall be removed and replaced.
12. A minimum sidewalk and bilepath of 30 inches must be maintained
at all times for cafe passage through the work Bros.
13. A minimum lateral clearance of 5' *hall be provided between the
edge of excavation and adjacent traffic lanes. A minloum lateral
clearance of 2' shall be provided between the edge of surface
0 b a t r u a t I a n and the adjacent traffic lane. Whora 5' of clearance
Is not provided, the excavation shall be shared and tight sheeted.
In no case shall the clearance be love than 21.
1A. 6 a n k a of open - cut trenchaa shall be kept as nearly vertical a
possible. Trenches shall not be more than 24" widar than the
a v t a i d a di a aster of t h a pipe to be I a I d therein, OIua the naceoaary
width to eccomodate sheeting.
15. All open trenchaa within t h a t r a v a I a d way shall be backfIIIad,
compacted and temporary repair* made to the surfacing before
leaving t h a job aita at the end of the working day.
16. Tight ahastIng and properly placed and a a I n t a I n a d steel plates
a a y b a u b a t I t u t a d for b a c k f i I I I n g a a u t h a r I z a d by the Permit
Inspector.
17. If no &poll bank is placed between the open excavation and the
traveled way, all open trench shall be backfilled and compacted
Prior to leaving the jab alto at the and of the working day.
18. T h a trench shall not be excavated more than 300' In advance of
pipe laying and shall not be left open more than 200' In the rear
tharaaf. Resurfacing of any given portion of the trench a h a I I b
completed wlthln one week following laying of pipe In that
a a0tIaM.
19. All vegetation shall be removed from the area of the trench
befara coma a n c I n 9 with the a x c a v a t I o n a p a r atIone.
20. No ttaa raota over 2" In diameter a h a I I be cut. The m eta
over 2" in dismat a eha 11 be taro fuIly tunneled under end u a p 9 a d
In burlap and kept a l at until the trench ham been b a c k f l l led.
.ranching m a c h I n e a eha 11 not be tined iii der thn trees I the trunk
^r llmhn wll! h• .! "nt�.en h. .1•! e..
J
• -3-
•
Dap a to ant of Tranapor t at Son (Ca I t r an a)
STANDARD SPECIAL PROVISIONS "C" - (EXCAVATION AND OACKFILL)
1 -62
11 Excavation C r o a a I n g Roadway (cant hued)
21. If the t r a a a i n v a I v a d a r a c I o a a t a 9 a t h a r or of a u c h
.it le 1 a p r a c t I c a I to protect all roots over 2 1 n c h a a in
further that cutting of r o o t a under 2 A n c h a a In diameter
permanently d mega the tree a, apecial a r a n g a ma n t a a h a 11
the P a r m I t t a a to prune the tree tope in order to balance
T hie work aha 11 be performed under the cIoae super v a Ion
State I r a a Maintenance S u p a r vi aor.
size that
dl a a a t a r or
may
be made by
root lose.
of the
22. No manh le aft 11 be con 3 t r u c t a d within 20' of any parkway
tree.
23. Temporary pavement patches shall be placed and maintained in a
smooth riding plane free of humps or dap r e a e Iona.
II( Backfill
1. Structural backfill within the existing or proposed roadbed
area a h a 11 be compacted In horizontal layara not exceeding 8" in
t h I c k n a a a using a p p r o v a d hand, pneumatic or mechanical type tempers
to obtain a "relative compaction" of 95 percent using California
Teat Method 216F. Structural backfill a u t a I d a of elope lines and
not beneath the roadbed ahall be compacted to a relative compaction
of 90 %. Backfill material sha11 have s "Sand Equivalent" value of
not lose than 20 as determined by the California Test Method 217F,
if the excavation falls within the existing or proposed roadbed.
Cnna,jlIdotIan by ponding and jetting will be permitted when, as
determined by the inspector, the backfill material is of such
character that it will be self - draining when compacted, and the
foundation materials will not be softened or be otherwise damaged
by the a p p 1 1 a J water and no damage from hydrostatic pressure will
result, Pondlnq_ and _1eitinq_of_the_upper_4!_below flniahed_grjde_
Se_not_ permitted. When ponding and jetting Is permitted, material
for uea as structural b a c k f 1 1 1 a h a 11 be placed and compacted in
layers not exceeding 4' in thickness. Ponding and jetting methods
shall be supplemented by the use of vibratory or other compaction
equipment when necessary to obtain t h a required compaction.
2. Backfill material may consist of @and- cement slurry using 2
sacks of cement per cubic yard of send and water with 2% of calcium
chloride as determined and authorized by the Permit Inspector.
3. Where It I neceaaary to tunnel under a x 1 9 t I n g curb and gutter,
sidewalk, or underground facilities, the void.ahall be backfilled
with 2 sack send- cement slurry.
4. By accepting this permit, the Permittes agrees to pay all
laboratory co eta in connection with the neceaaary to eta which a a y
be required by the 0 a p a r t m a n of T r a n a p o r t at ion engineer to
determine the Band equivalent value of the backf 111 material or the
trench backfill compaction. It Is further understood that the
frequency of a u c h testa a h a 11 be a minimum of one to eta per maximum
of 1500' of c o n t 1 n u 0 u 9 trench at a 1 a Y a t I o n a of not 1 a a a than ovary
2' of backfill depth.
Z
.a-
Department of T r a n a p o r t a t I a n ( C a 1 t r a n a )
STANDARD SPECIAL PROVISIONS "C" - (EXCAVATION AND BACKFILL)
1 -82
S. Prior to a t a r tang t h a trench b a c k f l l 1, t h a Para ittaa a h a ll nsk
t h a n a c a a a a r y a r r a n g a a 9 n t a with a a t a r I a I a t a a t I n g laboratory to
conduct t h a a a t a a t a with c a r t I f I c a t I a n from a p r a f a a a 1 0 n a I angInaer
(civil).
IV Pavement Repairs
1. R a p 4 1 r a to P.C.C. paveaant a h a I I b a a d a within S working days
c coop Iation of back fIII and a h a 1 1 be made of Portland Cement
Concrete containing a minimum of 7 sacks of camant per cubic yard
R a p I a c a a a n t of P.C.C, paveaant aha11 equal a x I a t I n g pavement
thIcknaaa. The c c n c r a t a a h a I I be a a t I a f a c t o r I I y cur ad and
protected f r a a d I a t u r b a n a a for not la ea than 48 haura. Nigh early
ceaant ■ay be required at t h a d I a c r a t I o n of t h a Permit Inapector.
2. C a n c r a t a a I d 9 w a I k a or curba shall be cut to t h a nesr0at acorn
marks and replaced equal in dimensions to that removed with scare
marks matching existing adjacent sidewalk or curb.
). Repairs to A.C. pavements shall be made within S working days
of completion of backfill and shall be made with asphaltic concrete
meeting State specifications, with every effort made to match the
existing pavement as to color and surface texture.
A. Replacement of the roadway structural section (pavement, base,
aubbaaa, etc.) a h a I I b equal or hitter in ail r a a p a c t a to Rhe
thickness and materials in the beat portions of the existing
structursl.secticn. Minimum thicknesses shall be 4" asphaltic
concrete on 8" class II aggregate base.
V REQUIRED MARKERS
E a a a p t as hereinafter provided in paragraph ) of thia aubaactIcn,
all underground installations of pipes, cables, and conduits in a
highway right of way shall be marked and designated as follower
1. All Now Installations of Underground Crossovers, Except
Service Laterals$
A timer or other suitable marker shall be installed and
maintained by Parmittes outside the ditch line at locations
suitable to the District Director where no curbs exist, which
marker shall extend 30 inches above the roadway surface and
have stenciled thereon the nature of the underground
o b a t r u a t I o n and the name or I d a n t I f y I n q a y m b o I of t h a
ParaIttaa. Nhara c u r b a axiat, t h a c r o a a a v a r a h a I I b
Identified by description and name of owner's stenciled an
curb in black letters an white background In a compact and
legible manner.
/3
-s-
Department of IranaportatIan ( C a I t r a n a )
STANDARD SPECIAL PROVISIONS "C" - (EXCAVATION AND BACKFILL)
1 -8 2
V REQUIRED MARKERS 2
2. A11 New L a g I t u d I n a I In et a I I a t I a n a of Underground Pipaa, Cob lsa
or Condultst
W h a r a no curbs exist, timber a other suitable a a r k a r a shall
be placed adjacant to t h a conduit a a f f e a t to ouch d I a t a n c a
:y may b a p a c I f I a d and at I n t a r v a 1 a not in axceee of 1,0D0
f,ot, at each angle point, or where n a c a n c a n t r I a with t h a
highway Improvement, at least every 300 feat. Where the
encroachment is located in the traveled way, timber or other
suitable markers shall be placed at an offset outside the
ditch 11na at 1 c c a t I o n a au itabla to t h a District Director wIt?
an o f f a a t distance given. Where curbs exist, t h a information
shall be stenciled on the curb near each intersection.
1. M a r k a r a a h a u I d b placed a as not to I n t a r f a r a with vehicle
r a c a v a r y araaa.
4. ExcaptIana, In count lea and incorporatad citiaa where t h a
Parmlttee has filed a map or maps with the County Surveyor, City
Engineer, D I a t r I c t Dlractor of Caltrans showing the ownership and
description of the underground facilities mentioned in subsections
(1) and (2) above in accordance with ordinances, other regulations
or established practice, it will not be necessary to mark or
designate said facilities an required above.
VI CATHODIC PROTECTION
The Peraittoa ■hall p a r f a r a a t r a y current interference taste on
underground utilities under cathodic protection. The Peraittoa shall
notify Caltrans prior to the t a a t a end perform any necessary corrective
measures recommended by Caltrans.
VII HIGHWAY STRUCTURES
The Parmlttee will pay for any damage to highway structures c a u amd
by gas maina or other pipe lines carrying flammablse. This includes,
but to not limited to, explosion or fire resulting from such
installations regardless of causation. If repairs are not feasible,
complete replacement of structure may be necessary. The Persittes will
1ndentlfy and hold the State harmless from any and all claims for
Injury to person or damage to property resulting from such
installation.
VIII LIMIT OF EXCAVATION
No a x c a v a t I o n la to be made c I o a a r than 10 feet from the edge of
t h a p a v a a a n t except a a a y b a p a c I f I c a 1 1 y oat forth by t h a p9raIt.
Iy
Department of Transportation (Coltrane)
STANDARD SPECIAL PROVISIONS "C" - (EXCAVATION AND BACKFILL)
iX TUNNEt4ING
Except in effecting emergency repair@ on utilItIaa no tunnelling
will be permitted, except on major installations as may be specifically
sat forth by the permit.
X UNDERGROUND FACILITIES
Shall be in accordance with CaltranIa "Policy on high and low risk
underground facilities within highway rights of way." Unless otherwise
authorized, pipes and conduits *hall be installed in a manner to
provide a minimum clearance of 42 inches between the top of pipe and
surface.
The attached Form 07 Rev. 4 -01 Is part of this permit.
I
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Department of Transportation (Caltrans)
STANDARD PROVISION SHEET M
(Fence Sheet) 4/81
It is a condition of this permit that at locations where the existing
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croach on the freeway side of the fence. No ingress or egress shall be
allowed from the freeway. Upon completion of work, the fence shall be
replaced to its original location.
Freeway R/W Fence to be Temporarily remove
enter or exit work area from here
" "WORK AREA T"?
Temporary Fence
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in this area
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PAGE 4
0
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TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: BAYSHORES SCREEN WALL - CONTRACT NO. 2574
RECOMMENDATION:
gtober 24, 1988
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
OCT 2 4 1988
__-APP1f4 -WO - --
Award Contract No. 2574 to Devcon Enterprises, Inc. for the total
price of $307,337.00, and authorize the Mayor and the City Clerk to
execute the contract.
DISCUSSION:
At 11:00 a.m. on October 13, 1988, the City Clerk opened and read the
following bids for the project:
Bidder Total Price
Low Devcon Enterprises, Inc. $307,337.00
2 Neff Contracting Corporation 320,000.00
The low bid is 2% higher than the Engineer's construction estimate of
$300,000.00. Devcon Enterprises, Inc., the low bidder, has not performed
previous contract work for the City. However, a check with their experience
references, and the State Contractor's License Board has indicated that Devcon
Enterprises, Inc. has successfully completed wall projects for other Southern
California agencies and has sustained no actions detrimental to their State
Contractor's licenses.
The second bidder, Neff Contracting Corporation, has filed a letter of
protest with the Public Works Department against consideration of Devcon
Enterprises, Inc. as low bidder for the following reasons: 1) They maintain that
Devcon Enterprises does not hold the proper licenses to do the work involved
with the contract; 2) they question Devcon Enterprises, Inc. abilities to
perform contract work amounting to at least 50% of the total contract price as
required by Section 2.32 of the Standard Specifications for Public Works
construction.
After consulting with the State Contractor's License Board and Devcon
Enterprises, Inc., City staff is satisfied that the low bidder, Devcon
Enterprises, Inc., does hold the proper licenses and can successfully fulfill
the above mentioned subcontracting requirements.
.11V I
•
Subject: Bayshores CreEen Wall (C -2574) •
October 24, 1988
Page 2
The cooperative project with the Bayshores Community Association will
provide for approximately 1500 feet of 8 foot high masonry block wall and
entrance improvements along Coast Highway adjacent to the Bayshores Community.
The Bayshores Community Association in accordance with the agreement
dated September 15, 1988, has deposited funds in the amount of $245,000 with the
City's Finance Department. Those funds together with $100,000 of City funds are
available in the Bayshores Screen Wall Account No. 02- 3397 -376.
Plans and Specifications
the Bayshores Community Association
February 1, 1989.
• Benjamin B. Nolan
Public Works Director
SB:so
•
were prepared by Pacific Building Concepts for
. The estimated date of completion is
r
3
h
PJ90P05£D
ENTRANCE
4i� ZMPRaVEMENTS
r
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BAK5RORES SCREEN WALL
G - ZS7Y
PROPOSED
6 ATE
PROPOSED
SCREEN
WALL
O
G
s
I�
DRAWN-
APPROVED
IL
S
P
DATE
PUBLIC WORKS DIRECTOR
R.E. NO.
DRAWING NO. E.X,91B/7' �4'
I%-�m
Autnonzed to Pubush Advervsemenls of all k0mcluding public
notices by Decree of the Superior Court of Orange County.
California. Number A -6214, dated 29 September. 1961, and
A- 24831. dated 11 June. 1963
STATE OF CALIFORNIA
County of Orange p pw wonu ♦p.�n,rp cm. sa
or iwr �Ta�m n f�l .n > pan,
.vn 10 W. cpwmn aq,n
I am a Citizen of the United States and a resident of
the County aforesaid, I am over the age of eighteen
years. and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS - PRESS. a newspaper of generat circulation,
printed and published in the City of Costa Mesa,
County of Orange. State of California, and that a
Notice of Inviting Bids
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 two (2 )
consecutive weeks to wit the issue(s) of
September 15 8
, 198—
September 22 198 8
198—
198—
198—
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on September 23 8
,198_
at Co Mesa, Calif or a.
Signature
PROOF OF PUBLICATION
0
PUBLIC NOTICE
NOTICE
INVITING BIDS
Settled bids may be re-
ceived at the office of the
City Clerk, 3300 Newport
Boulevard, P. O. Box 1768.
(Newport Beach. CA
92658 -8915 until 11:00 a.m.
on the 13th day of October,
:1988, at which time such
bldg shall be opened and
read for
Title of Project:
BAYSHORES SCREEN
WALL
Contract No.: 2574
Engineer's Estimate:
$345,000
Approved by the City
Council this 15th day of Oc-
tober, 1968.
1 WANDA E. RAGGIO, City
Clerk
Prospective bidders may
obtain one set of bid dopu-
menu at no cost at the office
of the Public Works Depart-
ment, 3300 Newport
I Boulevard, P. O. Box 1768,
,Newport Beach, CA
j92658 -8915.
For further Information,
call Steve Badum, Project
Manager at 644 -3311.
Published Orange Coast
Deily Pilot September 15,
22, 1988
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
f . _
FROM: CITY CLERK
DATE: September 19, 1988
SUBJECT: Contract No. C -2574
Description of Contract Agreement for Sound Wall and Entrance
Improvements Adjacent to Bayshores Community
Effective date of Contract September 15, 1988
Authorized by Minute Action, approved on September 12, 1988
Contract with Bayshores Community Association
Address c/o Villageway Mgmt. Co.
P.O. Box 4708
Irvine, CA 92716
Amount of Contract (See Agreement)
,�6" ee '
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
r
i�
i
•
C
•
0
TO: CITY COUNCIL
FROM: Public Works Department
0
September 12, 1988
SUBJECT: BAYSHORES COMMUNITY SOUNDWALL (C -2574)
RECOMMENDATIONS:
CITY COUNCIL AGENDA
ITEM NO. F -13
BY THE CITY COUNCIL
CITY OF NEWPORT BEACI
S E P 121988
APPROVER
1. Authorize the Mayor and City Clerk to execute a cooperative
agreement with Bayshores Community Association.
2. Approve a budget amendment (022) for additional funds in the
amount of $270,000.00.
3. Approve the plans and specifications.
4. Authorize the -i y =£3- fsuerLise #o:.,,bids- ia..be. �{teaed at: =. -.
DISCUSSION:
On July 25, 1988, the City Council approved Bayshores Community
Association's request for increased City financial participation and directed
City staff to implement the project to construct a soundwall adjacent to Coast
Highway along the length of their community, approximately 1500 feet.
A cooperative agreement with Bayshores Community Association which
will provide for funding, construction and maintenance of the soundwall has
been prepared. In summary, the agreement provides for the following
distribution of responsibility:
Bayshores Responsibilities:
1. Provide plans.
2. Provide right of entry for construction.
3. Provide total cost of project less City contribution of $100,000
($245,000 estimated cost).
4. At the time the City advertises project for bid, deposit funds
in the amount of $245,000 with the City.
5. Assume maintenance of wall and entrance improvement when
construction is completed.
6. Assume responsibility for landscape irrigation on both sides of
wall and landscape on Bayshore side of wall.
7. Not remove any portion of the wall without written permission
from the City.
( �O
Subject: Bayshores Community Soundwall (C -2574) •
September 12, 1988
Page 2
• City Responsibilities:
1. Review and approve plans, and prepare contract documents
necessary for construction contract.
2. Administer construction contract.
3. Obtain all permits.
4. Provide City's portion of funding for wall improvements, not to
exceed $100,000.
5. Provide and maintain landscaping on the Coast Highway side of the
wall.
In order to implement the project, a budget amendment in the amount of
$270,000 will be needed. Cost estimate for the work is $345,000 for
construction of the soundwall, including $37,000 for construction of
improvements to the main entrance at Bayshores Drive. The current Capital
Project Budget Account No. 02 -3397 -376 contains funds in the amount of $75,000
to construct this project. The City was to contribute 50% or $37,500, and
Bayshores Community Association was to contribute the remaining $37,500 and any
costs incurred above the original estimated cost of $75,000. Per the terms of
the cooperative agreement for this project, Bayshores will provide an additional
$207,500 and the City will provide an additional $62,500. This would bring the
• City's contribution to a fixed amount of $100,000 and Bayshores Community
Association's contribution to $245,000, plus any costs incurred above the
$345,000 project cost estimate. If the actual construction costs are lower than
estimated, the Bayshores Community Association would realize the cost savings.
The plans for this project were prepared by Pacific Building Concepts
for the Bayshores Community Association. The specifications were prepared by
the Public Works Department. Copies of the plans, specifications and
cooperative agreement are available for review at the Public Works Department.
Permits from the California Coastal Commission and CalTrans have been obtained
for this project. If acceptable bids are received a contract can be awarded on
October 24,771988 with anticipated completion by February 1, 1989.
IT'�
, t
)
Ben'amin B. Nolan
J
Public Works Director
SGB:dw
•
i
AGREEMENT
SOUND WALL AND ENTRANCE IMPROVEMENTS ADJACENT TO
BAYSHORES COMMUNITY
THIS AGREEMENT, is made and entered into this ��oay of _,
1988, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "CITY ", and BAYSHORES COMMUNITY ASSOCIATION, a California
Corporation, hereinafter referred to as "BAYSHORES ";
W I T N E S S E T H:
WHEREAS, in August 1984 BAYSHORES requested CITY to construct a sound
wall adjacent to Coast Highway along the length of their community; and
WHEREAS, CITY adopted the Capital Improvement Budget for 1985 -86, which
included $75,000 ($37,500 CITY and $37,500 BAYSHORES) to construct the sound
wall; and
WHEREAS, BAYSHORES has prepared plans for the sound wall and entrance
modifications with an estimated cost of $345,000 which exceeds the original
estimated cost; and
WHEREAS, BAYSHORES has requested the CITY to construct the sound wall
and entrance improvements with $100,000 from CITY and $245,000 from BAYSHORES;
and
WHEREAS, CITY has approved that request and has directed staff to
implement the project; and
WHEREAS, both CITY and BAYSHORES desire to set forth responsibilities
for maintenance and construction of the improvements;
NOW, THEREFORE, be it resolved that for and in consideration of mutual
promises and agreements contained herein, the parties do agree as follows:
1. BAYSHORES SHALL:
a. Provide plans for the wall and entrance improvements prepared
by a properly licensed engineer.
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b. Be responsible for the total cost for construction of the sound
wall and entrance improvements; including construction engineering, inspection,
and administration, less $100,000 contribution from the CITY. The total
estimated cost for the improvements is $345,000 as detailed in Exhibit "A"
attached. BAYSHORES' estimated share of the cost is $245,000.
c. By executing this agreement, grant CITY temporary
right -of -entry to construct the wall and entrance improvements on BAYSHORES'
property. Work on the wall will be restricted to the 20 foot wide utility
easement which is parallel to and adjacent to Coast Highway. Work on the rear
entrance gate will be restricted to a 30 foot wide area parallel to the Coast
Highway at the gate to allow for ramp paving. Work on the main entrance will be
restricted to a 20 foot wide area along the existing curb on the west side of
the main entrance.
d. Assume maintenance responsibility for wall and entrance
improvements when construction has been completed.
e. Assume responsibility for replacement and maintenance of
landscape irrigation on both sides of wall, and landscape on the Bayshores side
of wall after the wall improvement project is completed.
f. Not remove any portions of sound wall without written
permission of CITY.
2. CITY SHALL:
improvements.
a. Administer construction of the wall and entrance improvements.
b. Review and approve Plans for the wall and for the entrance
c. Prepare specifications and contract documents necessary to
advertise for bids, and award a construction contract to construct the wall and
the entrance improvements.
d. Obtain all the permits necessary to construct the wall and the
entrance improvements.
e. Provide CITY's portion of funding for the wall improvements,
not to exceed $100,000.
f. Provide and maintain landscaping on the roadway side of the
wall after irrigation system is constructed by BAYSHORES.
3. It is mutually understood and agreed that:
a. BAYSHORES' deposit to CITY, in the amount of $245,000, shall be
made at the time the CITY advertises for bids to construct the improvements.
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b. When bids have been received, CITY will provide BAYSHORES with 1
a summary of the bid results.
c. If the low bid is acceptable to the CITY and the actual bid
price does not exceed the estimated cost, the CITY will award the contract.
d. If the low bid exceeds the available funds for the project, all
bids will be rejected unless, within 30 days of notice of bid results, BAYSHORES
can reduce the scope of work to the satisfaction of the CITY and /or provide
additional funds necessary to allow award of the contract.
e. Change orders significantly increasing the cost of the work
and /or materially revising the scope of work will require written approval from
BAYSHORES. However, in case of emergency, verbal approval by the authorized
representative of BAYSHORES shall be provided with written approval to follow.
f. CITY will provide a final accounting report when the contract
for the wall and the entrance improvements is completed. If the final actual
cost is less than the estimate, BAYSHORES will receive the difference. If the
final actual cost is greater than BAYSHORES' deposit plus CITY's $100,000
contribution, BAYSHORES will make final payment of difference to CITY within 30
days of billing.
g. Neither BAYSHORES, nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of anything done
or omitted to be done by CITY under or in connection with any work, authority,
or jurisdiction delegated to CITY under this Agreement.
h. CITY shall, fully indemnify, defend, and hold BAYSHORES
harmless from any liability imposed for injury occurring by reason of anything
done or omitted to be done by CITY under or in connection with any work,
authority, or jurisdiction delegated to CITY under this Agreement.
i. Neither CITY, nor any official or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by BAYSHORES under or in connection with any work,
authority, or jurisdiction delegated to BAYSHORES under this Agreement.
j. BAYSHORES shall, fully indemnify, defend, and hold CITY
harmless from any liability imposed for injury occurring by reason of anything
done or omitted to be done by BAYSHORES under or in connection with any work,
authority or jurisdiction delegated to BAYSHORES under this Agreement.
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k. This Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties hereto and all prelimi-
nary negotiations and agreements of whatsoever kind or nature are merged herein
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and BAYSHORES.
1. Where any legal action is necessary to enforce any provision
hereof for damages by reason of an alleged breach of any provisions of this
Agreement, the prevailing party shall be entitled to receive from the losing
party all costs and expenses in such amount as the court may adjudge to be
reasonable costs of litigation.
g. All notices which may be given hereunder shall be in writing
and, if given to CITY, may be given personally to the Mayor, City Manager or
City Clerk of CITY, or may be mailed by first class mail with postage prepaid to
3300 West Newport Boulevard, Newport Beach, CA 92663 -3884, and, if given to
BAYSHORES, may be given personally to an officer of BAYSHORES or may be mailed
by first class mail with postage prepaid to Bayshores Community Association,
c/o Villageway Mgmt. Co., P.O. Box 4708, Irvine, CA 92716. Either party may
give written notice to the other of a different address to which notice by mail
should be sent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the dates set forth opposite their respective signatures.
DATED:�If / /t�L�Z / :J
DATED:
/APPROVED AS TO
FOR M
Carol Korade, AssistaTrt City Attorney
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BAYSHORES COMMUNITY ASSOCIATION
/President
By. Secretary (V 11 natal Mananamn
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