HomeMy WebLinkAboutC-2591 - Pacific Coast Highway Highway Widening, Newport Boulevard to Highland Streetj• �' tune
CITY
Y CO' ,;^ LTEM
ITY
• TO: CITY COUNCIL JUN 12 1989
APPPsOVE11
FROM: Public Works Department
12, 1989
COUNCIL Ar'E %':
N0. F-3(b)
SUBJECT: CONSTRUCTION INSPECTION SERVICES TO WIDEN PACIFIC COAST HIGHWAY
Cc - 2•3j/)
RECOMMENDATIONS:
Authorize the City Manager to enter into separate agreements retaining
John D. Zbysenski and Ray Esposito as temporary part -time employees to
provide construction inspection services for the widening of Pacific
Coast Highway.
DISCUSSION:
Construction has started for the widening of Pacific Coast Highway
from Jamboree Road to Bayside Drive. The widening of Pacific Coast Highway
between Newport Boulevard and Highland Street is being advertised with a bid
opening scheduled for June 8th.
• At the November 14, 1988, Council meeting, the City Council authorized
retaining two part -time employees to provide construction management and
engineering services to augment the Public Works staff. These two employees
have been retained.
In the Council memo for the November 14, 1988, meeting it was estimated
that 4 to 5 full -time employees will be required to administer, manage and
provide construction inspection for both of these projects. This estimate is
still valid.
The additional temporary employees that are now needed are
construction inspectors. We have interviewed John D. Zbysenski and Ray Esposito
and they are both well - qualified as construction inspectors.
The agreement will provide that they will be temporary part -time
employees of the City, retained to provide construction inspection services for
either or both of the Pacific Coast Highway widening projects. The services to
be provided and provisions of the employment contract are as follows:
1. Represent City as inspector for the construction of the projects.
• 2. Inspector will be under general supervision of the Resident
Engineer.
3. The agreement shall terminate June 30, 1990, but may be extended
by mutual agreement.
4. The agreement may be terminated by either party by giving a 30 -day
notice.
p')
P Subject: ConstructioOnspection Services to Widen Paoic Coast Highway
June 12, 1989
Page 2
• 5. No fringe benefits.
6. Compensation of $35.00 per hour for hours worked plus 1.45% for
the medicare portion of Social Security.
7. Inspector shall provide own transportation and.any and all
equipment required.
The City's Cooperative Agreement with Caltrans for the Pacific Coast
Highway widening project between Newport Boulevard and Highland Street requires
Caltrans to reimburse the City for administration and inspection costs
proportional to construction costs. On this basis, Caltrans will reimburse the
City for 78% of the inspection cost. In addition, Hoag Hospital will reimburse
the City for an additional 6 %. Therefore, the City's cost will be about 16 %.
It is expected that these two temporary employees will be need for
about 18 months.
ave.
Benjamin B. Nolan
Public Works Director
DCS:so
Attachments
•
November 14, 1988
CITY COUNCIL AGENDA
ITEM N0. F -3(c)
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES TO WIDEN COAST
HIGHWAY
RECOMMENDATION:
Authorize the City Manger to enter into two agreements retaining
Gregory L. Deist and Albert M. Binsfield as temporary part -time
employees to provide construction management and engineering services
for the construction of Coast Highway with the City of Newport Beach.
DISCUSSION:
The widening of Coast Highway from Jamboree Road to Bayside Drive, a
Federal Aid Urban (FAU) project and Coast Highway from Newport Boulevard to
is Highland Street, a State project, is scheduled for advertising for bids in
December 1988 and Spring 1989, respectively. By previous agreements, the City
will administer to construct both projects. Construction cost for the two
projects is estimated at 15 million dollars.
•
3
Federal and State requirements for construction management and
engineering are different from normal City procedures. These requirements
involve an extensive amount of record keeping, paper work and full -time
on- the -job supervision. It is expected that 4 to 5 employees will be required
'n a full -time basis to administer, manage and provide construction inspection.
One, the Resident Engineer, must be a licensed Civil Engineer. The other must
be familiar with roadway construction inspection.
The current number of miscellaneous Capital Improvement projects and
subdivision tract improvements that will be underway at the same time the Coast
Highway projects are scheduled for construction will require full time
utilization of the Public Works staff. To avoid delaying projects and to
provide adequate construction management and supervision, it is recommended that
the Public Works staff be augmented by adding two new temporary City employees
at this time. A request for additional inspection personnel will be submitted
to the Council once the construction inspection needs have been more clearly
defined.
The staff has requested and received a proposal from Gregory L. Deist
and Albert M. Binsfield to perform the construction management and engineering
for the Coast Highway widening project. Mr. Deist and Mr. Binsfield as past City
employees, satisfactorily provided the necessary construction management
services for the Coast Highway project between MacArthur Boulevard and Jamboree
Road.
Subject: Construction Management and Engineering Services to Widen Coast
Highway
November 14, 1988
Page 2
•
It is proposed that the City Manager be authorized to enter into an
agreement retaining Mr. Gregory Deist, P.E., as Resident Engineer; and Mr.
Albert Binsfield as Field Engineer. The agreement will provide that they will
be temporary part -time employees of the City, retained to provide construction
management and engineering services for the Coast Highway widening FAU project.
the services to be provided and provisions of employment contract would be as
follows:
1. Review the current plans and specifications as to the
constructibility of the project in compliance with State and
Federal requirements.
2. Conduct pre -bid and post -bid meetings as necessary to inform the
contractors of the particular requirements relating to this
project.
3. Coordinate execution of contract documents between the City and
the contractor.
• 4. Process all applicable documentation required for implementation
of an FAU project and State project.
5. Keep daily diaries, maintain all necessary construction records,
and prepare and process payment requests.
6. Observe the workmanship, material and manner of construction to
determine conformance with the plans and specifications.
7. Maintain up -to -date "AS BUILTS ", prepare change orders and, in
general, act on behalf of the City in the prosecution of the
construction work.
Provisions of the employment contract would be as follows:
1. Termination: December 31, 1989, with provisions for extension by
mutual agreement.
2. Termination: Either party could terminate by serving a 30 -day
notice
3. Fringe Benefits: None.
4. Hours Worked: As required to adequately supervise the contractor
during the time he is working.
5. compensation: $50.50 per hour for Resident Engineer, plus 1.45%
for the Medicare portion of Social Security
$49.50 per hour for Field Engineer, plus 1.45% for
the Medicare portion of Social Security.
4
•
•
TO: CITY COUNCIL
FROM: Public Works Department
ganuary 23, 1989
CITY COUNCIL AGENDA
Ui " Ji'i ;,JUf ;;A7EM NO. F -2(b)
CITY'); :.\VP0RT SEACI
,JAN 2 3 1989
SUBJECT: RIGHT -OF -WAY CERTIFICATION FOR PACIFIC COAST HIGHWAY WIDENING PROJECT
BETWEEN NEWPORT BOULEVARD AND HIGHLAND STREET ( .
RECOMMENDATION:
Adopt Resolution authorizing City Manager to certify right -of -way.
DISCUSSION:
Several months ago the City entered into a cooperative agreement with
Caltrans for the widening of Pacific Coast Highway between Newport Boulevard and
Highland Street. Because the City desired to landscape in front of the sound
walls required for the project it is necessary to construct the sound walls out-
side the existing right -of -way. The City agreed to obtain easements for these
walls. In addition the City agreed to obtain easements for the new traffic
signal at the Balboa Coves' entrance.
The sound wall and landscaping easements are on the West Newport Park
property, and on property owned by the Balboa Coves Community Association and
the Lido Sands Community Association.
Caltrans is responsible for obtaining the remainder of the
right -of -way for the project.
Prior to advertising for construction bids, Caltrans requires that the
City certify that the City has full legal and physical possession of all
necessary rights -of -way required by terms of the agreement.
Adoption of the resolution
necessary certification documents.
ri �G2�i2�
Benjamin B. Nolan
Public Works Director
• DCS:so
will authorize the City Manager to sign the
RESOLUTION NO. 89 -4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AUTHORIZING THE CITY MANAGER TO CERTIFY RIGHT -OF -WAY
FOR SOUND WALLS, LANDSCAPING AND TRAFFIC SIGNALS FOR THE
PACIFIC COAST HIGHWAY WIDENING PROJECT BETWEEN NEWPORT
BOULEVARD AND HIGHLAND STREET
WHEREAS, the City entered into a Cooperative Agreement with the State
of California Department of Transportation (CALTRANS) for the widening of
Pacific Coast Highway between Newport Boulevard and Highland Street; and
WHEREAS, prior to advertising for construction bids, CALTRANS requires
that the City certify that the City has full legal and physical possession of
all necessary rights -of -way required by terms of the Agreement; and
WHEREAS, the City Council wishes to authorize the City Manager to
exercise the Certification Authority;
NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby
authorized to certify right -of -way for sound walls, landscaping and the Balboa
Coves traffic signal in connection with the Pacific Coast Highway widening
project between Newport Boulevard and Highland Street.
ADOPTED this 23rd day of January , 1989.
ATTEST:
City Clerk /.
•
0
- August 8, 1994
CITY COUNCIL AGENDA
ITEM NO.___25__
APPROVED
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: COAST HIGHWAY WIDENING, NEWPORT BOULEVARD TO
HIGHLAND AVENUE (C- 2591), RESOLUTION OF CLAIMS
RECOMMENDATION:
1. Authorize staff to execute a change order for the subject
project in the amount of $131,018.74 for settlement of the
final claim by Silveri & LeBouef, JV.
2. Approve necessary budget amendments to transfer
unappropriated Gas Tax funds and State Contribution funds
is to the Coast Highway Widening Project.
DISCUSSION:
The City Council at the January 27, 1992 session accepted the
Coast Highway Widening Project between Newport Boulevard and Highland
Street Road with the awareness that the Contractor, Silveri & LeBouef, JV, had
filed several claims for extra compensation against the City. (A copy of the
January 27, 1992 memo is attached for reference.)
On March 26, 1992 the City Clerk was served with an arbitration
complaint wherein the petitioner, Silveri & Lebouef J.V., filed a number of
claims totaling $403,923.96 against the City. This project was administered
by the City on behalf of Caltrans by an agreement executed in 1988. The
agreement detailed the cost obligations wherein Caltrans share was 78.23 %.
Inasmuch as the City was the Administrator of the project and the only
respondent named, the City with the concurrence of Caltrans took the
necessary steps in the defense of the claims. Caltrans also agreed to share
•the cost in proportion to the agreement cost share, for both legal fees and
award costs.
The law firm of Corbett & Steelman was retained to represent the
City. In addition, at the request of Caltrans, the City retained several expert
witnesses. The arbitrator selected by both parties was Bernard S. Kamine of
Los Angeles.
0
0
SUBJECT: COAST HIGHWAY WIDENING, NEWPORT BOULEVARD TO
HIGHLAND AVENUE (C- 2591), RESOLUTION OF CLAIMS
August 8, 1994
Page 2 �
During the past two and one half years, the City, Caltrans and the
Contractor were unable to negotiate a settlement on the claims; thus in
compliance with the contract's specifications, the claims were resolved by
arbitration. The original claims were in the amount of $91,052.75 for extra
work; and $312,871.21 for extended home and field office overhead.
The arbitrator, made an interim decision on the extra work claim
in August 1993, awarding the Contractor the amount of $26,504.84 (about
29% of the claim). Said claim for the extra work was paid in 1993. A final
decision regarding the home and field office overhead claim was handed
down by the arbitrator in June 1994. The award was $116,039.00 (about 37%
of the claim), plus costs in the amount of $14,979.74.
Caltrans and City staff have reviewed the arbitrators decision and
recommended acceptance. Caltrans' participation in the costs associated with
the delay claim award is 78.23% •
It is recommended that staff be authorized to execute the change
order and that additional unappropriated funds be appropriated and payment
be made as follows:
Fund Account Amount
City Gas Tax 7181- 13301260A $28,522.78
State Contribution 7251- P301260C $102.495.86
TOTAL $131,018.74
Budget amendments have been prepared for Council
consideration.
Benjamin B. Nolan •
Public Works Director
HH:so
Attachment
1 40 40
}
is
January 27, 1992
CITY COUNCIL AGENDA
ITEM NO. F -16
TO: City Council
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF WIDENING OF COAST HIGHWAY, NEWPORT
BOULEVARD TO HIGHLAND STREET, C -2591; STATE CONTRACT
NO.023764.
RECOMMENDATION:
1. Accept the work.
2. Authorize the clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35
days after Notice of Completion has been recorded in
accordance with applicable sections of the Civil
Code.
DISCUSSION:
The contract for the construction of the subject project
has been completed to the satisfaction of Caltrans and the Public
Works Department.
The bid price was $12,087,633.30
Amount of unit price items constructed 11,990,152.00
Amount of change orders 572.050.39
Total contract cost $12,562,202.39
A total of one hundred thirty -two (132) change orders
were issued. Change orders issued dealt with sound wall
modifications, importation of suitable soil for landscaping, major
modification to water facilities, exploratory excavations, storm
drain modifications, out -of- sequence work,and removal of unknown
obstructions and construction modifications required to accommodate
unknown field conditions. Change orders in excess of $10,000.00
were as follows:
1. A change order in the amount of $59,200.00 provided
for vertical and horizonal alignment changes to a
new water line.
2. A change order in the amount of $13,554.78 provided
for the installation of a temporary chain link
fence.
Subject: Acceptance of Widening of Coast Highway, Newport
Boulevard to Highland Street, C -2591; State Contract
No.023764.
January 27, 1992
Page 2
3. A change order in the amount of $13,680.00 provided
for the installation of a permanent chain link
fence.
4. A change order in the amount of $ 10,854.61 provided
for a modification to a storm line.
5. A change order in the amount of $32,261.43 provided
for the removal of an old concrete roadway at the
Arches Interchange for purposes of constructing a
Reinforced Concrete Box storm drain.
6. A change order in the amount of $28,972.68 provided
for the removal and replacement of an interfering
sewer line for purposes of constructing a Reinforced
Concrete Box storm drain.
7. A change order in the amount of $35,045.75 for the
exploratory excavation for jacking a water line
under Coast Highway.
8. A change order in the amount $15,331.50 provided for
the lowering a storm drain to accommodate a
Reinforced Concrete Box storm drain.
9. A change order in the amount of $10,642.59 provided
for the installation of a new fire hydrant.
10. A change order in the amount of $22,240.59 provided
for additional detour phasing to relocate a High
Pressure Gas Line.
11. A change order in the amount of $17,066.50 provided
for the removal of unsuitable, soil and importation
and placement of suitable soil in areas of landscape
in the Superior Avenue Parking Lot.
12. A change order in the amount of $16,000.00 provided
for the placement of reinforced fabric at various
locations prior to paving.
13. A change order in the amount of $25,445.43 provided
for the placement of top soil in landscaped median
areas.
14. A change order in the amount of $22,000.00 provided
for out of sequence construction of a sound wall at
Balboa Coves.
•
Subject: Acceptance of Widening of Coast Highway, Newport
Boulevard to Highland Street, C -2591; State Contract
No.023764.
January 27, 1992
Page 3
15. A change order in the amount of $10,709.00 provided
for removal and reconstruction of miscellaneous
items to construct sound wall at Balboa Coves.
This project was funded from State funds, City Gas Tax
Fund, City Water Fund, Tide and Submerged Land Funds and
contributions as follows:
State Funds $9,714,245.28
City Gas Tax 1,221,410.56
City Water Fund 574,140.55
Tide and Submerged Land 149,367.67
Circulation & Transportation Fund 105,247.16
Hoag Hospital 780,291.17
Balboa Coves Community Association 17,500.00
The contractor is Silveri & LeBouef,JV.
The contract, awarded on August 14, 1989, called for the
work to be completed 325 working days after commencement of work in
Mate September. Completion was delayed by 124 authorized extension
ys because of inclement weather and extra work. (The total of
9 working days equates to approximately 640 calendar days.) With
the exception of the Balboa Coves sound wall at the Royal Thai
Restaurant, the project was substantially completed by June 26,
1991. The sound wall (because of the lease agreement with the
Royal Thai Restaurant) was not completed until November 23, 1991.
The contractor has filed a claim in the amount of
$403,923.96 with a Demand For Arbitration. The claim covers
compensation for dewatering, waterline and storm drain delays; and
for extended home and field office overhead. The extended overhead
claim is for 184 days and totals $312,871.21.
We are currently reviewing the claim with Caltrans. The
contractor has retained Counsel, and a Demand for Arbitration has
been filed with the State of California, Office of Administrative
Hearings.
The City, in compliance with the specifications, has
submitted two change orders for adjustments to unit prices on bid
tems exceeding 125% over the Engineers estimate. The adjustment
s estimated as a $19,609.68 credit. The contractor, to date, has
not executed these change orders. Sufficient funds will be
retained in the retention account to cover the aforementioned
edit:
Benjamin B. Nolan
Public Works Director
HH:so
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
February 25, 1992
Silveri & LeBouef JV
1229 N. Olive Street
Anaheim, CA 92801
(714) 644 -3005
Subject: Surety: Fireman's Fund Insurance Company
Bonds No.: 11127020664
Contract No.: C -2591
Project: Pacific Coast Highway Widening, Newport
Boulevard to Highland Street
The City Council of Newport Beach on January 27, 1992 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 portions of
the Civil Code.
The Notice was recorded by the Orange County Recorder on February
4, 1992, Reference No. 92- 066027.
Sincerely,
Wanda E. Raggiol^CcG� V
City Clerk
WER:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
— - --- KtGURDED IN OFFICIAL RECORDS
7OFORANGE COUNTY, CALIFORNIA
AM° FEB 1 1992
` &*a ' RECORDER
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk z . X71 111W/ Cit of pNew tSrt Beach
3300 Ne
Newport Beach, CA Boulevard
"Exempt from recording fees pursuant
to Government Code Section 103"
RECEIVED
NOTICE OF COMPLETION FEB 24 1992
CRY a i RK
Oil
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663, as Owner, and
Silveri & LeBouef JV, 1229 N. Olive Street, Anaheim, CA 92801 as
Contractor, entered into a Contract on August 29 1989
Said Contract set forth certain improvements, as follows:
Pacific Coast Highway Widening, Newport Boulevard to Highland Street (C -2591)
Work on said Contract was completed on June 26, 1991
and was found to be acceptable on January 27, 1992
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Fireman's Fund Insurance
ComDanv. P.O. Box 1975, Santa Ana, CA 92702
BY
Public or�sDirectcr
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and
correct to the b t of my knowledge.
Executed on 30, /9%. at
Newportt BBeach,GLalifornia
BY (4 /
ity c clerK
(: 'Y OF WEWPOflT SEA(" I January 27, 1992
CITY COUNCIL AGENDA
• ITEM NO. F -16
TO: City Council APPROVED
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF WIDENING OF COAST HIGHWAY, NEWPORT
BOULEVARD TO HIGHLAND STREET, C -2591; STATE CONTRACT
NO.023764.
RECOMMENDATION:
1. Accept the work.
2. Authorize the clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35
days after Notice of Completion has been recorded in
accordance with applicable sections of the Civil
Code.
DISCUSSION:
• The contract for the construction of the subject project
has been completed to the satisfaction of Caltrans and the Public
Works Department.
The bid price was $12,087,633.30
Amount of unit price items constructed 11,990,152.00
Amount of change orders 572,050.39
Total contract cost $12,562,202.39
A total of one hundred thirty -two (132) change orders
were issued. Change orders issued dealt with sound wall
modifications, importation of suitable soil for landscaping, major
modification to water facilities, exploratory excavations, storm
drain modifications, out-of-sequence work,and removal of unknown
obstructions and construction modifications required to accommodate
unknown field conditions. Change orders in excess of $10,000.00
were as follows:
• 1. A change order in the amount of $59,200.00 provided
for vertical and horizonal alignment changes to a
new water line.
2. A change order in the amount of $13,554.78 provided
for the installation of a temporary chain link
fence.
Subject: Acceptance of Widening of Coast Highway, Newport
Boulevard to Highland Street, C -2591; State Contract
No.023764.
January 27, 1992
Page 2
• 3. A change order in the amount of $13,680.00 provided
for the installation of a permanent chain link
fence.
4. A change order in the amount of $ 10,854.61 provided
for a modification to a storm line.
5. A change order in the amount of $32,261.43 provided
for the removal of an old concrete roadway at the
Arches Interchange for purposes of constructing a
Reinforced Concrete Box storm drain.
6. A change order in the amount of $28,972.68 provided
for the removal and replacement of an interfering
sewer line for purposes of constructing a Reinforced
Concrete Box storm drain.
7. A change order in the amount of $35,045.75 for the
exploratory excavation for jacking a water line
• under Coast Highway.
8. A change order in the amount $15,331.50 provided for
the lowering a storm drain to accommodate a
Reinforced Concrete Box storm drain.
9. A change order in the amount of $10,642.59 provided
for the installation of a new fire hydrant.
10. A change order in the amount of $22,240.59 provided
for additional detour phasing to relocate a High
Pressure Gas Line.
11. A change order in the amount of $17,066.50 provided
for the removal of unsuitable, soil and importation
and placement of suitable soil in areas of landscape -
in the Superior Avenue Parking Lot.
12. A change order in the amount of $16,000.00 provided
for the placement of reinforced fabric at various
locations prior to paving.
• 13. A change order in the amount of $25,445.43 provided
for the placement of top soil in landscaped median
areas.
14. A change order in the amount of $22,000.00 provided
for out of sequence construction of a sound wall at
Balboa Coves.
Subject: Acceptance of Widening of Coast Highway, Newport
Boulevard to Highland Street, C -2591; State Contract
No.023764.
January 27, 1992
Page 3
• 15. A change order in the amount of $10,709.00 provided
for removal and reconstruction of miscellaneous
items to construct sound wall at Balboa Coves.
This project was funded from State funds, City Gas Tax
Fund, City Water Fund, Tide and Submerged Land Funds and
contributions as follows:
State Funds $9,714,245.28
City Gas Tax 1,221,410.56
City Water Fund 574,140.55
Tide and Submerged Land 149,367.67
Circulation & Transportation Fund 105,247.16
Hoag Hospital 780,291.17
Balboa Coves Community Association 17,500.00
The contractor is Silveri & LeBouef,JV.
The contract, awarded on August 14, 1989, called for the
work to be completed 325 working days after commencement of work in
• late September. Completion was delayed by 124 authorized extension
days because of inclement weather and extra work. (The total of
449 working days equates to approximately 640 calendar days.) With
the exception of the Balboa Coves sound wall at the Royal Thai
Restaurant, the project was substantially completed by June 26,
1991. The sound wall (because of the lease agreement with the
Royal Thai Restaurant) was not completed until November 23, 1991.
The contractor has filed a claim in the amount of
$403,923.96 with a Demand For Arbitration. The claim covers
compensation for dewatering, waterline and storm drain delays; and
for extended home and field office overhead. The extended overhead
claim is for 184 days and totals $312,871.21.
We are currently reviewing the claim with Caltrans. The
contractor has retained Counsel, and a Demand for Arbitration has
been filed with the State of California, Office of Administrative
Hearings.
The City, in compliance with the specifications, has
submitted two change orders for adjustments to unit prices on bid
• items exceeding 125% over the Engineers estimate. The adjustment
is estimated as a $19,609.68 credit. The contractor, to date, has
not executed these change orders. Sufficient funds will be
retained in the retention account to cover the aforementioned
edit.
Benjamin B. Nolan
Public Works Director
HH :so
F � FIRCM hX'i IUND IN9�CF COMPANY
THE AMCRICAN INSVRANCC COMPANY •Bond No.11141396538
UI Mwej,(Tr � FUND NATIONAL tURCTY O ORATION
A%50CfATC0 INOC4NITY COPORA - PREMIUM $1,512.00
ION
Ilf&I1{AItLE uyyA,p ANCRICAN AUTOMORILC INLURANCC COMhANY I A
BOND TO RELEASE MONEY WITHFIEI,D ON STOP NOTICE —. tla- t
i
KNOV ALL MEN BY THESE .PRESENTS, That we, SILVERI & LE BOUEF JV
of ANAHEIM
,
California, hereinafter called Principal, as Principal, and FIREMAN'S FUND
INSURANCE COMPANY a corporation' organized and existing under the laws of the
State of CALIFORNIA • with principal place of business in TUSTIN authorized
to transact business in the State of Califoi-ni-a, hereinafter called Surety, as Si=ety,
are held and firmly bound unto CITY OF NEWPORT BEACH. , and
8-v authority, or authorities, board or boards, officer or officers having control
or distribution of money due, or to become due under the contract, hereinafter called
Obligee, in the sum of ONE HUNDRED FIFTY. ONE THOUSAND TWO HUNDRED TWENTY .THREE & 14/100
DolIA a ($151,223.14 )lawful money of the United States of America, for the
payment of which sum, well and truly to be made, the said Principal and Surety bind
themselves, their heirs, executors., administrators, successors and assigns, jointly
and severally firmly by these presents. .
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the said Prin cinal was
awarded and entered into a written contract, dated on or about AUGUST 14 _-
1989 , with the-Obligee, for PACIFIC COAST HIGHWAY WIDENING,
CONTRACT NO. C -2591 , and
L WHEREAS, a certain atop - notice has been filed against payments which are due the
said Principal in connection with said contract, in the amount of
ONE HUNDRED TWENTY THOUSAND NINE HUNDRED SEVENTY EIGHT & 511100 ($120,978.51)
By DEVCON ENTERPRISES INC.
AND ITHF.AS,_the said Principal disputes the correctness or- validity or enforce-
ability of the stop- notice so filed, and desires that the binds now due him under
the provisions of said contract shall'be delivered to him ngtwithstand3na said
stop- notice.
ITVAT =�L.F" U) if the stave aemad Principal o rl1 pa; asp stm which the- stop - - notice
claimant nay recover on the claim together with his costs of suit. in the action, if
he recovsr3 therein, not exceeding the penal sum of this bond, then this obligation
shall be void, otherwise it shall be and remain in full force and effect.
THIS BOAD IS. GIVEN •AND ACCE'PTM under and In accordance with the provisions. of
Section 3i71.of the Civil Code of the State of California.
Signed, sealed and dated this 13TH day of JUNE 1991
SIL Z & LE . BOUEF yqV�r =K'
Principal
FIREMAN'S FUND INSURANCE COMPANY
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GENERAS� .
POW�R O
ArTOILA;r FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSU RANCE COM PANY, a Corporation duly organized and existing under the laws of
the State of California, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these
presents make, constitute and appoint
BARBARA L. JASKI
its true and lawful Attorney(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, undertaking, recognizanccs or other written obligations in the nature thereof _________ _________ ___ __ ____ _____ __ __ _ __
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s )-in -Fact may do in the premises.
This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By -laws of FI REMAN'S FUND INSURANCE COMPANY now in full force and
effect.
"Article VH. Appointment and Authority of Resident Secretaries, Allorney -in -Face and Agents to accept Legal Process and Make Appearances.
Section 45. Appointment. The Chairman or The Board of Directors, the President, any Vice - President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice - President may, from time to time, appoint Resident Assistant Secretaries and
Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46. Authority. The authority of such Resident Assistant Secretaries, Allorneys -in -Fact and Agents shall be as prescribed in the Instrument evidencing
their appointment. Any such appointment and all authority granted thereby may be revoked At any time by the Board of Directors or by any person empowered to
make such appololment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND
INSURANCE COMPANY as a meeting duly called and held on she 71h day of August, 1984, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affued or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice - President, and its corporate
fcal to be hereunto affixed this 26th day of January 1990
�aN'3 a
s ":•�����P: FIREMAN'S FUND INSURANCE COMPANY
By
Hey N Vka -P Ida,n
STATE OF CALIFORNIA l
( ss.
COUNTY OF MARIN
Onthis 26th day of .fanuary ,199..0 —, before me personally came R. D. Farnsworth
to me known, who, being by me duly sworn, did depose and say: that he is Vice - President of FIREMAN'S FUND INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN W IT sy( fie j1t
Ive hereunto set my hand and affixed my official seal, the day and year herein first above written.
lRUUnrulflsteetnuunnut�
c OFFICIAL SEAL e
J. M. VANDEVORT _ 7
O NOTARY PUBLIC- CALIFORNIA °l �YPODIk
Principal Office in Marin County l/
C My Commiuion Expires Aug. 28, 1992 ? CERTIFICATE
STATE OF CALIFORNIA
ss,
COUNTY OF MARIN
).the undersigned, Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furl hermorc that Article VI 1. Sections 45 and 46 of
the By -laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force.
Signedandsealcdai the Coumyof Marin. Damdthe 13TH dayof
PoiJm, A++ia:am.Scaaaary
360712 —FF -11.87
19 91
S T O P N O T I C E
NOTICE TO WITHHOLD TO HOLDER OF FUNDS Heseo�eF
TO: CITY OF NEWPORT BEACH, Attention: Accounts Payable, Building Dept.
3300 Newport Blvd., Newport Beach, CA.92660 HOLDER OF FUNDS.
YOU ARE HEREBY NOTIFIED THAT the undersigned claimant,
DEVCON ENTERPRISES, INC., a California corporation
has furnished Masonry blocks & constructed masonry sound walls
of the following kind masonry walls along Pacific Coast Hwy., Newport Beach,
CA.
to or for Silveri & LeBouef JV, Gen. Contractlpgj the work improve-
ment, located at, or known as: Pacific Coast Hwy, Widening, Newport
Beach, CA.
The amount in value of the whole agreed to be done or funished by
Claimant is ; 1.265,598.26
The amount in value of that already done or furnished by Claimant
is ; 1.265.598.26
Claimant has been paid the sum of ;1,144,619,75 and there remains
due and unpaid the sum of ; 120.978.51 plus interest thereon
at the rate of 18 percent per annum from 6/1/91
YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS
CLAIM WITH INTEREST.
DEVCON ENTERPRISES, INC., a Ca. Corp.
CLAIMANT
DATED: June 5. 1991 Jn
BY: ;'J'
STEVE JU , /PIresident
Address: 15061 Springdale St., Unit 208
Huntington Beach, CA. 92649
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
teve Jun_di, Pres. Devcon Enterprises, Inc. being duly sworn,
deposes and says: That he is the person who signed the foregoing
Stop Notice; that he has read the same and knows the contents
thereof to be true of his own knowledge, except as to any matters
or things that may therein be stated on his informatiop and
belief and as to those matters and things he believes /themk to be
true. A/ , / ;
SUBSCRIBED AND SWORN TO BEFORE ME STEVE "JUNOI Declarant
THIS day
��� 19 9�
of
OFFICIAL SEAL
OTA1& IC IN
AND FOR SAID STATE
WREN M. MEIER
m NOTARY PUBLIC .CALIFORNIA
A
ORANGE COUNTY
J M.EMires SePt.24.1993
VA
Ij c� G rr._
' L.
005❑0 tg1j ❑0 0 ❑0"r.,;
JOSEPH R. DAVIS
ATTORNEY AT LAW
14121 BEACH BOULEVAFO
WE9TMIN5TER, CALIFORNIA 92683-4451
1]14) 895 -5816 (714) 892 -1276
FAX 714 - 891 -2096
June 5, 1991
City of Newport Beach
Building Department
Accounts Payable
3300 Newport Boulevard
Newport Beach, CA. 92660
RE: Stop Notice and Money due Devcon Enterprises, Inc.
Dear Sirs:
Enclosed please find a Stop Notice as per California Civil
Code § §3179, et seq. and 3103 and 3110, et seq.
Please withhold sufficient funds to satisfy this Claim with
interest.
This Claim pertains to the masonry sound walls constructed
by my client along Pacific Coast Highway, Newport Beach, CA.
This Claim is based upon the fact that Silieri & LeBouef
JV, as General Contractors of this job, have consistently
refused and are continuing to refuse to pay my client the
moneys due them under the contract for work done.
Should you have any further questions, or if I can be of
further assistance, please do not hesitate to contact me
at any time.
Very truly yours,
X nSEPP R. DA IS
D:dd
closure
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STOP NOTICE
NOTICE TO WITHHOLD TO HOLDER OF FUNDS
TO: City of Newport Beach
(Name of owner, construction lender or public officer)
Public Works Department, 3300 Newport Blvd. Newport Beach, Ca
(Address of owner or construction lender)
YOU ARE HEREBY NOTIFIED THAT the undersigned claimant,
Parcell Steel Co., Inc.
(Name and address)
At
RECEIVED
1@1 16 1990
7Y Lev
CItY OF
NEWPORI BEACB
92658 -8915
HOLDER OF FUNDS.
has furnished or has agreed to furnish Materials and Labor
0abor, services, equipment, materials)
of the following kind Fabricated Reinforcing Steel and Placement Labor
(general description of labor, services, equipment or materials)
to or for 3ilveri ^: '.e?o.)e: -Gen. Cont. 11 Devcon Ent. IM the work improvement, located at, or known as:
(name of person to or for whom furnished)
Pacific Coast Highway Widening in the City of Newport Beach, Ca.
(address, legal description, description of site or project identification)
The amount in value of the whole agreed to be done of furnished by claimant is $ 154, 732.50
The amount in value of that already done or furnished by claimant is $ 154.732.50
Claimant has been paid the sum of $ A2 , 45T D0 _, and there remains due and unpaid the sum of $ i 2 , 2g] , 5^
plus interest thereon at the rate of 18 per cent per annum from_ 9/90 , 19 —.
YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST.
Date /I / L - �
Dated: 11/13/90 Parcell Steel Co., Inc. (AnES$EN'T7O:
P.O. Box 33e of Claimant 0 Mayor
Santa Ana, Ca. 92703 , F.? Councilmen
Address of Claimant ,�;.'A;tiorney
* P,crO. Dif.
t%-10Sery Dir.
0 ' 0 8 R Dir.
STATE OF CALIFORNIA CI Planning Dir
COUNTY OF Orange ss. Cl Police Chid
P.W. Dir
Terry L. Parcell t'.
being duly sworn, deposes
and says: That She is the person(s) who signed the foregoing Stop Notice; that s he has read the same and knows the contents thereof
to be true of hem- own knowledge, except as to any matters or things that may therein be stated on h er information and belief and
as to those matters and things s he believes them to be true.
Subscribed and sworn to before me
m - -
th' J 4 day of November 1990 CFFICfAt SEAL
�� v.'' "- KP!'TIEt. NORMAN
Vll \l1A�J1 E l`IJVVA�� ^'ia..':.•.;,: Public- CeBfornia
i =;NGE COUNTY
�1 Notary lic her in an for said State -w>
` my Comm. EXP. Oct. 5, 1992
Thla standard form rarvma Mort Usual paobl® in the Sold rndleated. Before 1 aratl, recd [e. ®m an blurb,
ITOP NOTICE and =kV chm2w Per b "m tranaacaoa. CMault •lawyer if yM doubt the [orm a atom E. yMr Wrynee.
WOLCOTfI FORM II4�Ray. 2.73 PICO Class 3)
Nov
C
NFVVr 0.,
STOP NOTICE
LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS
(Public or Private Work)
(Per California Civil Code Section 3103)
To: CITY OF NEWPORT BEACH
(Name at owner_ aunts body or Cmd!metmr tuns !olden
3300 Newport Blvd.
iAm es< 1! ;netted to a dank or savings and loan assn_ no, address of branch bolding fund)
Newport Beach, CA 92663
ICdy Stale and hot
RECEIVED
SEP 27 1990
pf1'flFRK
rrEw a
Project:
,Name)
Superior $ Pacific Coast Hwy.
(Address)
ort Beach, CA
{City Stale and zip)
TAKE NOTICE THAT BILL PETTY'S BACKHOE SERVICE, INC.
,Name of roe pe'SOn or form Claiming she Stop mouse Lrcemsed cmr-cactors must use the name under which contactor 5 license is rssuedl
whose address is 13203 Barlin Ave. Downey, CA 90242
, AddresS nl Island ar firm -i m um slop man's)
has performed labor and furnished materials for a work of improvement described as follows: AS DI RFCTED BY ALEX ROBERTSON CO
SUPERIOR $ PACIFIC COAST HWY., NEWPORT BEACH, CA
(Name ans Inertial 01 lle protect .nee wdM at materials were Iurnraheal
The labor and materials furnished by claimant are of the following general kind:
TRENCHING /COMPACTION, OPERATED
(Fina of IDW Serwces . eaaamert o ma1eW.S W "ushed a' agreed to tie. punished by claimant,
Total value of the whole amount of labor and materials agreed to be furnished is:
The value of the labor and materials furnished to date is:
Claimant has been paid the sum of: ............. - - ........... ..---- .. ....._.........................
and there is due, owing and unpaid the sum of: ........... . -- .............. ............
S" 1)908.00
$ 0
S X05.00
You are required to set aside sufficient funds to satisfy this claim with interest. court costs and reasonable costs of litigation, as provided by law.
You are also notified that claimant claims an equitable lien against any construction funds (or this project which are in your hands.
T j LV o b U 3 C
g� gc�s�4c5
o do`s aa0a000V0
FIRM NAME. BILL P13TTY'S BACKHOE SERVICE, INC
I am or slop nnhce ca main
VERIFICATION
I. the undersigned. say I am the PRFS T 1lFNT OF
• rS •le'n Cr ...rid ., rarer al AyY.l1 Jl etc:
the claimant named in the foregoing Stop Notice: I have read said Slop Notice and know (he contents thereof: the same is true of my own
knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on SEPTEMBER 26 19 90 , at Downey California.
O'du Pliiaocvncn: IAS3aedi Na 1d01 Olgpnae'someb ^ones Slow.,
\�— il'c'<o: a1 Sngna:AW ol'4e r rvCoal wuo R _ and "a, dr,
conowso'slap,mpcea'. a"
REQUEST FOR NOTICE OF ELECTION
(Private Works Only)
(Per California Civil Code Section 3159. 3161, or 3162)
It an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with
Sections 3235 or 3162. please send notice of such election and a copy of the bond within 30 days of such election in the enclosed
preaddre(s�) tamped envelope. This /off ation must be provided by you under Civil Code Sections 3159, 3161. or 3162.
Signed:
(Gonna¢ must e'IC1ose soff arm resed Sbmmnse c,velopel
See reverse side for additional information.
x O,C01 IS FORM 894 —STOP NOI ICE —Rev. 5-90 lance class 1, ri you use tNS form. redo n. fill m all planks. and make whatever changes are appropriate and necessary to your pa drund
r 1990 WOLCOTTS INC uabsacom Consul a lawyer d you Olson foe fault( s hlness lot your purpose and use. Wucplls dooes no represemmron or
waranly . express or implied . with respect to the merchantadrhty or honest at tors form for an intended use or ➢moose.
ADDITIONAL INFORMATION
(1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime
contract, or with commissioners, managers, trustees, ofticers, board of supervisors, board of trustees. Civil Code § §3179 -3214.
(2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner.
Civil Code § §3156 -3175.
(3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site.
Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice
requirements.
(4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on
private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs.
STATS�e CALIFORNIA — BUSINESS AND TRANS TION AGENCY GEORGE DEUKMEJIAN, Goff or
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
2501 PULLMAN STREET
SANTA ANA, CA 92705
September 14, 1990
Robert L. Wynn, City Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92659 -1768
Dear Mr. Wynn:
SEPI 81990►
City Manager
City Of ?each 11
Enclosed is your copy of the State Highway Right of Way Contract,
which has been approved by the Department of Transportation. The
escrow for this transaction should be closing in approximately 45
days.
Thank you for your courtesy and cooperation in this Right of Way
transaction.
Sincerjely, n
S' r(�- cz�1✓X�6 --ten .. _ _� ,�� /ik,�l',�
Steven Berkstresser
Right of Way Dept.
c: Teresa Cota Arias
enc.
CANY. A FAIMPop K Apo;
l" GranLarly)
Dist, CO. 110te: P.M. E.A.
12 Z L I 22.j/22. 020 1 19
F.A.I. f'HMA 00101)
RIGHT OF WAY CONTRACT -- STATE HIGHWAY
Document No. 72HU9-1,1 in the form of a Grant Deed is Footing Easement
covering the prupert; javticulapLy deseribod therei" has been eAecuted and
Onlivered to Uvven UrksLrossor, Right K Vay Agent for the State of
Volyfoluin.
in vunsidvrnQnn uF
which,
and kho other Considerations
hereinafter
set
moth, i! is muLunMy
1greed as
foilowK:
t. 11r, has,
kor,in
zat Couth Lhe whole of
their agreement.
The
Vorfoinaiwv of this alioamput
constitutes the entire
consideration for
said
l000menh and xhull relieve
the
UaLs of oIJ furthev
of or claims
on
WS uccount, or an account
. f
the locations, gradv,
or construction of
the
prorosod public improvemenL.
2. The SLmt,o shmili
!A) Pay the undersigned
propevtj or inLeiewl. conveyed by
properly vests in the State rrae
oaxomonLs n"d lanne
Cases, vxcVpL:
a. TaNes for an in
rKar-A and paid
the Revenue a"d
pscrow.
grantor(s) the sum of S418,333.14 for the
above documpw(s) when title to said
nud clear Ur OIL lions, encumbrances,
(reaurded "nd/or unrecorded l, and
K yonv in which this escrow _loses shall be
in Ike mmnaer ruquired by Section 5086 of
TaxnUun CoOe, if unpaid at Lhe close of
I;. Covenant% conditions, rest ricKonx and reservations of
recocd, or �onkalnod in the above-referenced document.
C. Easnments or rights "r way over saij Land for public or
quaKi-public, utiMy or Imbilic vt,r•pL Purposes, if Any,
I
(B) Pay all esw and recording fees incffed in this transaction
and, if tit e insurance is desired by the State, the premium
charged therefor.
(C) Have the authority to deduct and pay from the amount shown in
Clause 20) above, any amount necessary to satisfy any
bond demands and delinquent taxes due in any year except the
year in which this escrow closes, together with penalties and
interest thereon, and /or delinquent and nondelinquent
assessments which have become a lien at the close of escrow.
3. It is agreed and confirmed by the parties hereto that
notwithstanding other provisions in this contract, the right of possession
and use of the subject property by the State, including the right to remove
and dispose of improvements, shall commence on February 1, 1989, and that
the amount shown in Clause 24) herein includes, but is not limited to,
full payment for such possession and use, including damages, if any, and
interest from said date.
4. It is understood and agreed between the parties hereto that payment
shown in Paragraph 20) above includes payment to grantor(s) for certain
improvements located partly within and partly without the right of way
area. Said improvements consists of: asphalt bike path (2" thick on a 2"
base, 14' wide, 410 l.f.), trees (12 small, 13 medium, 9 large palms),
landscaping (approximately 50,500 s.f. lawn, approximately 250 s.f. ground
cover, 26 shrubs), lawn sprinklers (52,000 s.f. rainjet system, 3 auto
control system), and fencing. It is further agreed that the State or its
agents will remove said improvements on or before February 1, 1989.
In WITNESS WHEREOF, the parties have exec this agreement the day and
year first above written.
Robert L. Wynn, City Manag r
City of Newport Beach, CA
Grantor(s)
Recommended for.Approval:
By ,�(/(� STATE OF CALIFORNIA
Steven Berkstresser Depar. en of Transport,,5Xion
Right of way Agent
B
• pp II p[A% RALP H' 1
By 4J Al/11�2 Deputy Dis rict Director
Teresa Coca Arias, Chief Office of`Ri;h of Way
Acquisition Branch SEP 14 1990
Date:
i RELEASE O STOP MOTIVE OR NOTICE T�wITMMOLP -
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undexa(vaed� done
hereby role&*& from the effect of that certain Stop Notice or Notice to Withhold filed in'tha Office of the ......... . .............
City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 9266,0
April 14, 1990 Devcon
Drl............. .................... .................... ....... ........ ................... ......... ., 504in3t . ............................... ........
15061 Springdale Street, Unit 208, Huntington Beach, CA 92649
as General Contrac tor, on fob Immm " .......... � J. t.X....4 f ,_N e wp o, r t „B e a c h
Pacific Coast Highway and Prospect, Newport Beach, CA
in the amount of ti 3. 3 6 0. 0 0„ .. .....................
DATED: .. ....... A p r i. �....�.7...... �.9.9 0... ....,....
2
RECEIVED
Npy ��sso
t eum
STATE OF CALIFORNIA SS.
County of ORANGE )
G & F Concrete Cutting, Inc.
Firm......... �/ ...... ...................
,, .,., Y' ,,:�, President
By ...... ut'.:: a..[:...... r .:...:.:::::.........:.. ...................,..........
,
Gregory L! Ferguson
By............................................................. ...............................
Comrsstor ., I .Kean _ .. 5,9_0,3_1.0, ... . .................. .
On this 27TH day of APRIL 1990 , before me, GREGORY L. FERGUSON
PRESIDEITT the unTe-rsigne otary ublic ppersonally appeared
i� C:
n�
C C
CBF 22 B -15.86
X personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on
behalf of the partnership, and acknowledged to me that the
partnership executed it.
WITNESS my hand and official seal.
to be the person(s) who executed the within instrument as
PRESIDENT or on behalf of the corporation there-
in named, an ac now edged to me that the corporation ex-
ecuted it.
WITNESS my hand and official seal.
to be the person(s) whose name(s)
sub d to the within instrument, and acknowledged that
executed it.
ofChgal seal..
------------------------- - - - - -- - �4------ - - - - --
C
Y.
STOP NOTICE
NOTICE TO WITHHOLD TO HOLDER OF FUNDS
CITY OF NEWPORT BEACH
(Name of owner, construction lender or public officer)
3300 NEWPORT BOULEVARD, NEWPORT BEACH, CA 92660
(Address of owner or construction lender)
YOU ARE HEREBY NOTIFIED THAT the undersigned claimant,
RECEIVED
N PNPdn�
asxA�
HOLDER OF FUNDS.
G & F CONCRETE CUTTING, INC., 606 5TH ST., SANTA ANA, CA 92701
(Name and address)
has furnished or has agreed to furnish SERVICES
(labor, services, equipment, materials)
of the following kind WALL SAWING VERTICLE CUTS IN BLOCK WALL
(general description of labor, services, equipment or materials)
to or for D E V C 0 N , for the work improvement, located at, or known as:
(name of person to or for whom furnished)
PACIFIC COAST HIGHWAY AND PROSPECT, NEWPORT BEACH, CA
(address, legal description, description of site or project identification)
The amount in value of the whole agreed to be done or furnished by claimant is $ 3, 360.00
The amount in value of that already done or furnished by claimant is $ 3, 360. 00
Claimant has been paid the sum of $ 0 , and there remains due and unpaid the sum of $ 3, 360. 00 _ ,
plus interest thereon at the rate of 10 per cent per annum from APRIL 14 19 9_9_0_
YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST.
Dated: Apri 1 12, 1990
STATE OF CALIFORNIA
COUNTY OF C ss.
and says: That —he is the personssl who signed 4 foregoing Stop
to be true of h_L2�_ own knowledge, except as to any matters or
as to those matters and things —he believes them to be true.
Subscribed and sworn to before me
this —day o 60dy- 19_
Notary Public and in and for said State
G &4 CONCRETE CUTTING, INC.
Name of Claimant
606 E. 5TH STREET, SANTA ANA, CA
Address of Claimant V�
iJ Ej� C3 ctL v
' (C) L being duly sworn, deposes
Notice; that —he has read the same and knows the contents thereof
Ibis ataadard form coven moat naval problems m the field Indicated. Beforo 7aa s read R, BD m call bleat,
2TOP NOTICE and make changes proper m your 6aancdon. Comurt • lawyer if you doubt the fo s ammo for your pv+wn.
WOLCOTTtS FORM 894 —R[v. 2.73 Iprice WSS3)
1,
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
i - 11714
DATE: September 8, 1989
SUBJECT: Contract No. C -2597
Description of Contract Pacific Coast Highway Widening,
(Newport Boulevard to Highland Street)
Effective date of Contract
29. 1989
Authorized by Minute Action, approved on August 14, 1989
Contract with Silveri & LeBouef JV
Address 1229 N. Olive Street
Anaheim, CA 92801
Amount of Contract $12,087,633.30
,�"` ' ie4'ez
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
1✓
•
TO: CITY COUNCIL
FROM: Public Works Department
gust 14,1989
BY -P- �.ITY ;OUY COUNCIL AGENDA
CITY !0i :�' VJPO'T „ ' NO • F-3(d)
AUG 14 1989
APPRAVEp
SUBJECT: PACIFIC COAST HIGHWAY WIDENING, NEWPORT BOULEVARD TO HIGHLAND STREET
CONTRACT NO. 2591
RECOMMENDATIONS:
1. Approve Amendment No. 1 to Agreement (C- 2591 -D) with State for
sharing of project funding and authorize the Mayor and City Clerk
to execute the Amendment.
2. Waive the irregularities in the bid of Silveri & Le Bouef -JV.
3. Award Contract No. 2591 to Silveri & Le Bouef -JV, for
$12;x,633.30 and authorize the Mayor and City Clerk to execute
-die contract.
11W7
4. Approve Change Order No. 1 deleting Bid Item No. 44A.
5. Approve Budget Amendments.
DISCUSSION:
Bids for this contract were opened at 2:00 P.M. on June 8, 1989. The
summary of the three bids received were as follows:
Bidder
1 Silveri & Le Bouef -JV
2 Griffith Company
3 Maya Construction Co.
Amount
Alternate A Alternate B
$13,030,067.30
12,950,169.30
13,701,078.70
$12,807,633.30
12,913,989.30
13,691,158.70
The low bid of Silveri & Le Bouef -JV contained several irregularities.
Unit prices were included for all items, but a number of total prices were
omitted. The total bid price listed above was determined by extending the unit
prices. In addition, a unit price of $75.00 per square yard was bid for Item
44A, Erosion Control. The total price was $720,000. It was obvious the unit
price should have been $0.75 and a total price of $7200.00. We reviewed these
irregularities with Caltrans staff and we agreed that the failure to extend the
unit prices was not sufficient reason to reject the bid. However, it was also
agreed that the error in Item 44A could not be corrected prior to determining
the apparent low bidder.
The low bid of Silveri & Le Bouef for Alternate B including Item 44A
is 26.1% higher than the Engineer's estimate. Excluding Item 44A, this bid is
19% higher than the Engineer's estimate.
Subject: Pacific
(C -2591)
August 14, 1989
Page 2
Coas *ighway Widening, Newport Boule0d to Highland Street
The widening project requires construction of two.large box culverts.
The Engineer's estimate for these facilities was $1,188,000 compared to the low
bid of $2,606,000. This difference of $1,418,000 is a large part of the reason
for the bid exceeding the Engineer's estimate. The box culverts are to be
funded by Caltrans. The higher construction cost plus allowances for
contingencies and contract administration increased Caltrans funding
requirements $2 million in excess of their authorization.
The Contractors were interviewed to determine the reasons for the
higher bid prices for the box culvert, and to ascertain whether readvertising the
project could result in a lower bid. The reasons given for the high price for
the box culvert were the scarcity of subcontractors, traffic impacts, and adverse
groundwater conditions.
Caltrans District and Headquarters staff reviewed the bids and it was
agreed that readvertising would delay completion of the project and would
probably not result in a lower bid price. Caltrans then requested an additional
$2 million funding authorization from the California Transportation Commission.
The request was approved on July 27th.
It is recommended that the bid be awarded to Silveri & Le Bouef -JV for
Alternate B. (Alternate B specified a caisson foundation for a portion of the
soundwall vs. the spread footing design specified in Alternate A. The Caissons
are less expensive as bid, and provide additional room for landscaping). It is
also recommended that Change Order No. 1 be approved which will delete Item 44A,
for a reduction of $720,000 in the contract amount, to a total of $12,087,623.30
The cost of the construction contract will be funded as follows:
Caltrans
Hoag Hospital
City
$9,396,240.86
767,964.46
1,923,417.48
$12,087,623.30
7,623.30
In addition, the cost of contract administration will be shared
proportionally to final construction costs.
Amendment No. 1 to the Agreement with the State increases the State
maximum contribution to $11,551,000. This amount includes the $9,396,240.86
share of the construction contract, contingencies, and contract administration
costs.
Subject: Pacific Coas* ghway Widening, Newport Boulew to Highland Street
(C -2591)
August 14, 1989
Page 3
Sufficient funds are available in the current budget to fund the City's
share of the project except for water system improvements, replacement of the
gas line from the oil field to Hoag Hospital, and installation of gas venting
adjacent to Balboa Coves. The required Budget Amendments are as follows:
Amount
1. Water System Facilities $170,500.00
2. Replacement of Gas Line
from Oil Field to Hoag
Hospital 36,000.00
3. Gas Venting System adjacent
to Balboa Coves 18,500.00
From To
Water Fund Reserve 50- 9297 -201
Tidelands Fund 23- 5497 -006
Tidelands Fund 23- 5497 -006
The cost of the gas venting system, $18,500,is eligible for
reimbursement from the State's methane hazard fund.
An agreement has been entered into with Hoag Hospital whereby Hoag has
agreed to fund its share of the widening cost.
Construction will begin in early September. The contract allows for
325 working days, so the project should be completed by December 1990. In order
to minimize traffic impacts, the Contractor will be required to maintain 2 -lanes
in each direction at all times except for work at night.
Benjamin B. Nolan
Public Works Director
DCS:so
a
LJ
NOTICE OF INVITING BIDS
0
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915
until 2:00 P.M. on the 8th. day of June 1989
at which time such bids shall be opened and read for
PACIFIC COAST HIGHWAY WIDENING
CONTRACT NO. C -2591
$ 9,800,000
ENGINEER'S ESTIMATE
FORM
Approved by the City Council
this 24th day of APRIL 1989.
Prospective bidders may obtain bid documents at the office
of the Public Works Department, 3300 Newport Boulevard,
P.O. Box 1768, Newport Beach, Ca. 92658 -8915.
For further information, call Don Simpson at 6443311.
Project Manager
11 i
Page 1
CITY OF NEWPORT BEACH •
PUBLIC WORKS DEPARTMENT
INSTRUCTIONS TO BIDDERS
The following contract documents shall be completed, executed and received by
the City Clerk in accordance with NOTICE INVITING BIDS:
1. PROPOSAL
2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (IN A SUM NOT LESS THAN 10% OF THE TOTAL BID PRICE)
5. PUBLIC CONTRACT SECTION 10232 STATEMENT
6. EEO CERTIFICATION
7. NON- COLLUSION AFFIDAVIT
8. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
9. PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
10. DEBARMENT AND SUSPENSION CERTIFICATION
11. TECHNICAL ABILITY AND EXPERIENCE REFERENCE
except that cash, certified check or cashier's check (in the amount of 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.
Bidders must hold a class "A" license in accordance with the provisions of
Chapter 9, Division III, of the Business and Professions' Code. The low bidder
shall also be required to obtain a City of Newport Beach business license prior to
execution of the contract.
Bids are to be compared based upon the total lump sum price bid to complete
the contract.. In the event of discrepancy between wording and figures, bid
wording shall prevail over bid figures. The City shall not be held responsible
for bidder errors and omissions in the PROPOSAL.
Contract documents shall bear signatures and titles of persons authorized to
sign on behalf of the bidder. For corporations, the signatures shall be of the
President or Vice- President. For partnerships, the signatures shall be of a
general partner. For sole ownership, the signature shall be of the owner.
In accordance with the California Labor Code (Sections 1770 et seq.), the
Director of Industrial Relations has ascertained the general prevailing rate of
per diem wages in the locality in which the work is to be performed for each
craft, classification, or type of workman or mechanic needed to execute the
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.
484181 A
Contr's Lic. No. & Classification
June 8, 1989
e
Silveri & LeBouef JV
Bidder
s /Jerry LeBouef, Partner
Authorized Signature /Title
1
0
DESIGNATION OF SUBCONTRACTOR(S
Page 2
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.
LS & Irrigation
Aka Tani
2.
Grade & Removal
Ortiz
3.
Masonry
Devcon
4.
Electrical
Moore
5.—Survey
Southland Surveying
6.
Cl eari.nq
Falcon
7.
Gas
Alex Robertson
B.
Fence
Goldenwest
9.
Stripe
O.C. Stripe
10.
Stamped Concrete
Artistic
11.
Gunnite
Erosion Control
12.
Box Culvert
KEC
Silveri & LeBouef
Bidder
s /Jerry LeBouef, Partner
Authorized Signature /Title
4
q
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, Silveri & LeBouef JV
and Fireman's Fund Insurance Company
• Page 3
as bidder,
as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten Percent of the Amount Bid
Dollars ($ 10/ )
lawful money of the United States for the payment of which sum well and truly to
be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of
PACIFIC COAST C -2591
it e of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and if
if the above bounden bidder shall duly enter into and execute a contract for such
construction and shall execute and deliver to said City the "Payment" and
"Faithful Performance" contract bonds described in the Specifications within ten
(10) days (not including Saturday, Sunday, and Federal holidays) 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
shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an individual,
it is agreed that the death of any such bidder shall not exonerate the Surety from
its obligation under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 18th day
of May 19 89•
Silveri & LeBouef JV
Bi er
(Attach acknowledgment of
Attorney -in -Fact)
s /Barbara L. Jaski s /Jerry LeBouef, Partner
Notary Public Authorized Signature /Title
Commission Expires: January 15, 1991 Fireman's Fund Insurance.Company
Surety
By: s /Kenneth A. Coate
Title: Attornev -in -Fact
• • Page 4
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with PUBLIC CONTRACT CODE SECTION 10232, and in addition to the
other qualifications and agreements that are a part of this contract, the
Contractor, in so signing, does hereby state, under penalty of perjury, that no
more than one final, unappealable finding of contempt of court by a federal court
has been issued against the contractor within the immediately preceding two -year
period because of the contractor's failure to comply with an order of a federal
court which orders the contractor to comply with an order of the National Labor
Relations board. For purposes of this section, a finding of contempt does not
include any finding which has been vacated, dismissed, or otherwise removed by the
court because the contractor has complied with the order which was the basis for
the finding. The City may rescind any contract in which the contractor falsely
swears the truth of the statement required by this section.
Note: The above statement is a part of the PROPOSAL. Signing the PROPOSAL on
the signature portion thereof shall also constitute signature of this
statement.
Bidders are cautioned that making a false certification may subject the
signator to criminal prosecution.
Page 5
Committee, the Director of the Office of Federal Contract
Compliance, a Federal Government contracting or administering
agency, or the former President's Committee on Equal Employment
Opportunity, all reports due under the applicable filing requirement.
Note: The above certification is required by the Equal Employment Opportunity
Regulations of the Secretary of Labor (41 CFR 60- 13(b)(1), and must be submitted
by bidders and proposed subcontractors only in connection with contracts and
subcontracts which are subject to the equal opportunity clause. Contracts and
subcontracts which are exempt from the equal opportunity clause are set forth in 41
CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are
!' exempt).
Currently, Standard Form 100 (EEO -I) is the only report required by the Executive
Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous
contract or subcontract subject to the Executive Orders and have not filed the
required reports should note that 41 CFR 60- 1.7(b)(1) prevents the award of
contracts and subcontracts unless such contractor submits a report covering the
delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
0
THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF
THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT
AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL.
The bidder X proposed subcontractor certifies
hasX has in
that he not , participated a previous
contract or subcontract subject to the equal opportunity clause,
as required by Executive Orders 10925, 1114, or 11246, and that
he has X , has not filed with the Joint Reporting
_,
Page 5
Committee, the Director of the Office of Federal Contract
Compliance, a Federal Government contracting or administering
agency, or the former President's Committee on Equal Employment
Opportunity, all reports due under the applicable filing requirement.
Note: The above certification is required by the Equal Employment Opportunity
Regulations of the Secretary of Labor (41 CFR 60- 13(b)(1), and must be submitted
by bidders and proposed subcontractors only in connection with contracts and
subcontracts which are subject to the equal opportunity clause. Contracts and
subcontracts which are exempt from the equal opportunity clause are set forth in 41
CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are
!' exempt).
Currently, Standard Form 100 (EEO -I) is the only report required by the Executive
Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous
contract or subcontract subject to the Executive Orders and have not filed the
required reports should note that 41 CFR 60- 1.7(b)(1) prevents the award of
contracts and subcontracts unless such contractor submits a report covering the
delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
• • Page 6
' NON- COLLUSION AFFIDAVIT
The bidder, by its officers and agents or representatives present at the time of
filing this bid, being duly sworn on their oaths, say that neither they nor any of
them have, in any way, directly or indirectly, entered into any arrangement or
agreement with any other bidder, or with any public officer of such CITY OF
NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is
to pay to such bidder or public officer any sum of money, or has given or is to
give to such other bidder or public officer anything of value whatever; or such
affiant or affiants or either of them has not directly or indirectly, entered into
any arrangement or agreement with any other bidder or bidders, which tends to or
does lessen or destroy free competition in the letting of the contract sought for
by the attached bids; that no bid has been accepted from any subcontractor or
materialman through any bid depository, the bylaws, rules or regulations of which
prohibit or prevent the bidder from considering any bid from any subcontractor or
Q materialman which is not processed through said bid depository, or which prevent
any subcontractor or materialman from submitting bids to a bidder who does not use
the facilities of or accept bids from or through such bid depository; that no
inducement of any form or character other than that which appears upon the face of
the bid will be suggested, offered, paid or delivered to any person whomsoever to
influence the acceptance of the said bid or awarding of the contract; nor has the
bidder; any agreement or understanding of any kind whatsoever with any person
whomsoever to pay, deliver to, or share with any other person in any way or
manner, any of the proceeds of the contracts sought by this bid.
NOTE: The above Non - Collusion Affidavit is part of the Proposal.
Signing this Proposal on the signature portion thereof
shall also constitute signature of this Non - Collusion Affidavit.
Bidders are cautioned that making a false certification may
subject the certifier to criminal prosecution.
• • Page 7
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall
complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the
bidder who has a proprietary interest in the bidder, ever been disqualified,
removed, or otherwise prevented from bidding on, or completing a federal, state,
or local government project because of a violation of law or a safety
regulation?
YES NO X
If the answer is yes, explain the circumstances in the following space.
Note: The above Questionnaire is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of
this Questionnaire.
Bidders are cautioned that making a false certification may subject the
certifier to criminal prosecution.
Is
I11
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
..-
In accordance with Public Contract Code Section 10285.1 (Chapter 376,
Stats. 1985), the bidder hereby declares under penalty of perjury under the laws
of the State of California that the bidder has , has not X been con-
victed within the preceding three years of any offenses referred to in that sec -
tion, including any charge of fraud, bribery, collusion, conspiracy, or any
other act in violation of any state or federal antitrust law in connection with
the bidding upon, award of, or performance of, any public works contract, as
defined in Public Contract Code Section 1101, with any public entity, as defined
in Public Contract Code Section 1100, including the Regents of the University of
California or the Trustees of the California State University. The term
"bidder" is understood to.include any partner, member, officer, director,
responsible managing officer, or responsible managing employee thereof, as
referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of
the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on
the signature portion thereof shall also constitute signature of this
Statement.
Bidders are cautioned that making a false certification may subject the
certifier to criminal prosecution.
• Page 9
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The bidder under penalty of perjury, certifies that except as noted
below, he /she or any person associated therewith in the capacity of owner,
partner, director, officer, manager:
is not currently under suspension, debarment, voluntary
exclusion, or determination of ineligibility of any
federal agency;
has not been suspended, debarred, voluntarily excluded, -
or determined ineligible by any federal agency within
the past three years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil
judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official
misconduct within the past 3 years
If there are any exceptions to this certification, insert the excep-
tions in the following space.
Exceptions will not necessarily result in denial of award, but will be
considered in determining bidders responsibility. For any exception noted
above, indicate below to whom it applies, initialing agency, and dates of
action.
Note: Providing false information may result in criminal prosecution or
administrative sanctions.
The above certification
on the signature portion
this CERTIFICATION.
is part of the PROPOSAL. Signing this PROPOSAL
thereof shall also constitute signature of
• • Page 10
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.
1987 City of Newport Beach Pat Dunigan 714- 644 -3311
Silveri & LeBouef JV
s /Jerry LeBouef, Partner
Authorized Signature /Title
1988
City
of
Anaheim
Dave Nelson
714- 999 -5126
1987
City
of
Signal Hill
Jim Biery
213 - 426 -7333
1989
City
of
Cerritos
Bill Morris /Vince.Brar
213- 860 -0311
1989
Trans
Pacific Development
Steve Schafenacker
213 - 618 -3685
1987
City
of
Carson
Fred Thompson
213 - 830 -7600
1988
City
of
Huntington Beach
Tom Blackburn, DonNoble714- 536 -5431
Continuous
J.M.
Peters Co.
Richard Sanchez
714- 854 -2500
Silveri & LeBouef JV
s /Jerry LeBouef, Partner
Authorized Signature /Title
i
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 12 & 13)
FAITHFUL PERFORMANCE BOND (pages 14 & 15)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 16, 17, 18)
CONTRACT (pages 19 & 20)
The City of Newport Beach will not permit a substitute format for
these contract documents. Bidders are advised to review their content
with bonding, insuring and legal agents prior to submission of bid.
Payment Bonds and Insurance Bonds shall be issued by an admitted
corporate surety insurer holding a current Certificate of Authority
from the Insurance Commissioner of the State of California to transact
surety insurance in the State of California; and is on the 1988 Edition
of the Treasury List (Circular 570 of the U.S. Treasury Department).
INSURANCE COMPANIES shall be (1) licensed to conduct business in
California, and (2) assigned Policyholders' Rating A (or higher) and
Financial Size Category Class VIII (or larger) in accordance with the
latest edition of Best's Key Rating Guide op
: Property - Casualty.
Coverages shall be provided for all TYPES OF INSURANCE checked on the
CERTIFICATE OF INSURANCE.
All costs associated with the specifications of these contract
documents shall be absorbed in the bid. Such specifications shall
include those contained in (1) each contract document and (2) the
Standard Specifications for Public Works Construction (latest edition
adopted for use in the City of Newport Beach), except as supplemented
or modified by the Special Provisions for this project.
Page 11
EXECUTED IN FOUR COUNTERPARTS
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That
BOND NO. 11127020664 r
is PREMIUM -NIL- ,
Page 12
WHEREAS, the City Council.of the City of Newport Beach, State of California,
by motion adopted
has awarded to SILVERI & LE BOUEF 3V
hereinafter designated as the "Principal ", a contract for
HIGHWAY WIDENI
NO. C -2591
PACIFIC COAST
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents in the office of the City Clerk of
the City of Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and
the terms thereof require the furnishing of.a bond with said contract, providing
that if said Principal or any of his or its subcontractors, shall fail to pay for
any materials, provisions, or other supplies used in, upon, for, or about the
performance of the work agreed to be done, or for any work or labor done thereon
of any kind, the Surety on this bond will pay the same to the extent hereinafter
set forth:
NOW, THEREFORE, We SILVERI & LE BOUEF JV
as Principal, and FIREMAN'S FUND INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
TWELVE MILLION EIGHTY -SEVEN THOUSAND
SIX HUNDRED THIRTY -THREE AND 30/100 - - - - -- Dollars ($ 12.087.633.30 ).
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
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 Unemployment Insurance Code with respect to such work or labor, that the
Surety or Sureties will pay for the same, in an amount not exceeding the sum
specified in the bond, and also, in case suit is brought upon the bond, a
reasonable attorney's fee, to be fixed by the Court as required by the provisions
of Section 3250 of the Civil Code of the State of California.
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Payment Bond (Continued)
The bond shall inure to the benefit of any and all
corporations entitled to file claims under Section 3181
Code so as to give a right to them or their assigns in
bond, as required by the provisions of Sections 3247 et
the State of California.
Page 13
persons, companies, and
of the California Civil
any suit brought upon this
. seq. of the Civil Code of
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 14TH day of AUGUST , 19 89.
SILVERI & LE BOUEF JV (Seal )
Name of Contractor Principal)
Au ized ignature and litle
Authorize Signature and Title
FIREMAN'S FUND
INSURANCE COMPANY (Seal)
Name of urety
P.O. BOX 1975
SANTA ANA, CA 92702
Address f Surety,,
BY:
Sign ture and fit]-- of-Authorized Agent
KENNETH A. COATE, ATTORNEY -IN -FACT
FRIIS & COMPANY, INC
Address of Agent
P.O. BOX 5138
RIVERSIDE. CA 92517 -5138
Telephone No. of Agent
(714) 787 -8730
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EXECUTED IN FOUR COUNTERPARTS BOND NO. 11127020664
• • PREMIUM $94,570.00
Page 14
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California,
by motion adopted
has awarded to SILVERI & LE BOUEF
hereinafter designated as the "Principal ", a contract for PACIFIC COAST
HIGHWAY WIDENING, CONTRACT NO. C -2591
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents in the office of the City Clerk of
the City of Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and
the terms thereof require the furnishing of a bond for the faithful performance of
said contract;
NOW, THEREFORE, We SILVERI & LE BOUEF JV
as Principal, and FIREMAN'S FUND INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
TWELVE MILLION EIGHTY -SEVEN THOUSAND
SIX HUNDRED THIRTY -THREE AND 30/100- - - - - -- Dollars ($ 12.087,633.30 ),
said sum being equal to 100% of the estimated amount of the contract, to be paid
to the said City or its certain attorney, its successors, and assigns; for which
payment well and truly made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well keep truly and perform the covenants,
conditions, and agreements in the said contract and any alteration thereof made as
therein provided on his or their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and 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
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• • Page 15
Faithful Performance Bond (Continued)
or to the work to be performed thereunder or to the specifications accompanying
the same shall in any wise affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alterations or additions of
the contract or to the work or to the specifications.
In the event that the principal above named executed this bond as an
individual, it is agreed that the death of any such principal shall not exonerate
the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 14TH day of AUGUST , 19 89 .
SILVERI & LE BOUEF JV (Seal)
Name of Contractor (Principal)
Aut i zed 3i gnature anjr Title
Authorized Signature and Title
FIREMAN'S FUND
INSURANCE COMPANY (Seal )
Name of Surety
P.O. BOX 1975
SANTA ANA, CA 92702 _
Address of Sur .y�
BY:
Signatur and Tit e of Authorize Agent
KENNETH A. COATE, ATTORNEY -IN -FACT
FRIIS & COMPANY, INC.
Address of Agent
P.O. BOX 5138
RIVERSIDE, CA 92517 -5138
Telephone No. of Agent
(714) 787 -8730
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GENERAL
POWER OF
ATTORNEY
10
0
FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing under the laws of
the State of California, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these
presents make, constitute and appoint _
WILLIAM R. FRIIS, KENNETH A. COATE, WENDY BEZUIDENHOUT and ROBERT B. CUMMING
jointly or severally
is true and lawful Attomey(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, undertaking, recognizances or other written obligations in the nature thereof ------------------------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by is Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises.
This power of attorney is granted pursuanr to Article VII, Sections 45 and 46 of By -laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and
effect.
"Article VII. Appointment and Authority of Resident Secretaries, Attorney -in -Fact and Agents to accept Legal Process and Make Appearaaces.
Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice- Presideat or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vico-President may, from time to time, appoint Resident Assistant Secretaries and
Anomeys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing
their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND
INSURANCE COMPANY at a meeting duly called and held on the 7th day of August, 1984, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation!'
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice - President, and its corporate
seal to be hereunto affixed this 21st day of December 1 19 87
FIREMAN'S FUND INSURANCE COMPANY
:Itittf,jf,
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.Ve("i0P J•� —• VimPraidc6t
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On tills 2lst dayof December , 19 87 , before me personally came R. D. Farnsworth
tome known, who, being by me duly sworn, did depose and say: that he is Vice - President or FIREMAN'S FUND INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
=narvsmuunlsenmFFICIA SEAL
OFFICIAL SEAL
K. 611 t3ERT
NOTARY TARY P PUBLIC- Na4ry PVbBc
CALIFORNIA
Pnnripal Offite in Maria County -
MY Commission Expires Nor. 17, 1988 CERTIFICATE
�IUru Urrnn rin rare trrrreu Inuglminl u1u 1uq r �
STATE OF CALIFORNIA 1
u.
COUNTY OF MAKIN
I, the undersigned, Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of
the By -laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force.
Signed and sealed at the County of Maria Dated the 14 TH day of AUGUST _,19 g9 .
e'�'ca ce_ RaidmrAU'mu=it��_
360712 —FF -11.97
0 CERTIFICATE OF INSURANCE •
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
NAME AND ADDRESS OF INSURED:
Page I6
Letter E Associated International Ins. Co.
This �ia to�certi�y that po ici -es'of insurance liisted be owhave been issued to insured namec
above and are in force at this time. includina attached endorsemant(sl_
COMPAN
LETTER
TYPES OF INSURANCE
COVERAGE REQUIRED
Polic
No.
Polic
Exp.
Date
LIMITS Of LIABIOTY IN THOUSANDS__[OOO)_
g. Products
Each Completed
OccurrenCE Operations
N L L I A9 I L
Comprehensive Form
Bodily Injury
$
$
A
Premises- Operations
Explosion & Collapse Hazarc
898052
Doi
8/14/M
Property Damage
$
$
Underground Hazard
Products /Completed
Operations Hazard
Bodily Injury
Contractual Insurance
and Property
Broad Form Property Damage
Independent Contractors
Damage Combined
$1;000,
$1,000,
Personal Injury
Marine
Personal Injury
E
Aviation
AU M=E LIABrLITY
B
E
Comprehensive Form
[>� Owned
Hired
TBD
TBD
8/14/9
8/14/9
Bodily Injury
(Each Person)
$500,
$500
( Company B)
(Company B)
(corpany B)
Bodily Injury
(Each Occurrence
ProeertZ Damage
500
oiy nur-
Property Damage
[� Non -owned
Combined
$:. 500, (
pant' E)
C
EXCEM-LIABILITY
�( Umbrella Form
Q Other than Umbrella Form
E3052
879
8/14/9
Bodily Injury
and Property Damage Combined
$ 1,000,
$ 1,00o,
D
ORK ON
AND
EMPLOYER'S LIABILITY
9800
., 5
/14/9
tatutor
,
Accident)
pore: The comprenensive eenerat L1a0111ty ana AULomarive Liao111zy policies are eneorsea wlzn
the attached City of New ort Beach Endorsements.
N ELLA ION: Shou any of he a ove aescriDeo policies be cancelled or coverage reduced
before the expiration date thereof, the Insurance Company affording coverage
�- shall provide 30 days' advance notice to the City of Newport Beach by
( ` \ reoistered mail. attention: Public Works Department.
By:
CORROON & BLACK INS. Sygq_
Date: _ _R/14i89 Telephone: (818)796 -3888
Description of operations /locations /vehicles: All operations performed for the City of Newpor
Beach by or on behalf of the named insured in connection with the following designated contrac
PACIFIC COAST HIGHWAY WIDEN G
roject it a an ontract um er
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which this certificate or verification of insurance may be issued or may
pertain, the insurance afforded by the policies described herein is subject to all tf
terms, exclusions and conditions of such policies, including attached endorsements.
• Page 17
CITY OF NEWPORT BEACH •
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Automobile Liability,
the City of Newport Beach, State of California Department of Transportation, Hoag_
Memorial Hospital Presbyterian, Lido Sands Community Association, Balboa Coves Community
Association, Robert Bein, William Frost & Associates, their 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 connection with the Contract designated below. The insurance extended
by this endorsement to said additional insured does not apply to bodily injury or
property damage arising out of 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 said additional insured(s) shall apply as
primary insurance and no other insurance maintained by the City of Newport Beach shall
be called upon to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured who is seeking
coverage or against whom a claim is made or suit is brought, except with respect to the
limits of liability of the company affording coverage."
3. The limits of liability under this endorsement for the additional insureds named in
Paragraph 1, of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit:
( ) Multiple limits
Bodily Injury Liability $ per person
Bodily Injury Liability $ per accident
Property Damage Liability $
(x) Combined Single Limit
Bodily Injury Liability
and
Property Damage Liability $ 500,000
The limits of liability as stated in this endorsement shall not increase the total
liability of the company affording coverage for all damages as the result of any one
- applicable to Automobile Liability Insurance.
4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
5. Designated Contract: PACIFIC COAST HIGHWAY WIDENING CONTRACT NQ. C-2591
(Project Title and Contract No.
This endorsement is effective 8/14/89 at 12:01 A.M. and forms a part of
Policy No. TBD of Assoc
ompany A or ing overage
Insured Silveri & LeBouef JV Endorsement No. TBD
Issuing Company CORDON & BLACK INS. SVCS. By
V.,
- --
-- -- ----- Page 17
CITY OF NEWPORT BEACH
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
I. With respect to such insurance as is afforded by the policy for Automobile Liability,
the City of Newport Beach, State of California Department of Transportation, Hoag
Memorial Hospital Presbyterian, Lido Sands Community Association, Balboa Coves Community
Association, Robert Bein, William Frost & Associates, their 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 connection with the contract designated below. The insurance extended
by this endorsement to said additional insured does not apply to bodily injury or
property damage arising out of 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 said additional insured(s) shall apply as
primary insurance and no other insurance maintained by the City of Newport Beach shall
be called upon to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured who is seeking
coverage or against whom a claim is made or suit is brought, except with respect to the
limits of liability of the company affording coverage."
3. The limits of liability under this endorsement for the additional insureds named in
Paragraph 1, of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit:
(x) Multiple limits
Bodily Injury Liability § 500,000 per person
Bodily Injury Liability § 500,000 per accident
Property Damage Liability § 500,000
( ) Combined Single Limit
Bodily Injury Liability
and
Property Damage Liability $
The limits of liability as stated in this endorsement shall not increase the total
liability of the company affording coverage for all damages as the result of any one
applicable to Automobile Liability Insurance.
4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
5. Designated Contract: PACIFIC COAST HIGHWAY WIDENING CONTRACT NO. C -2591
(Project Title and Contract No.
This endorsement is effective 8/14/89 at 12:01 A.M. and forms a part of
Policy No. TBD of
ompany hfroffineg overage
Insured Silveri and LeBouef JAY Endorsement No. TBD
Issuing Company CORROON & BLACK INS. SVCS-. By V ►'
AUthorize epresen a ve
• CITY OF NEWPORT BEACH Page 18
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for General Liability, the
City of Newport Beach, State of California Department of Transportation, Hoag Memorial
Hospital Presbyterian, Lido Sands Community Association, Balboa Coves Community
Association, Robert Bein, William Frost & Associates, their officers and employees are
additional insureds, but only with respect to liability arising out of operations
performed by or on behalf of the named insureds in connection with the contract
designated below or acts and omissions of the additional insureds in connection with its
general supervision of such operations. The insurance afforded said additional
insured(s) shall apply as primary insurance and no other insurance maintained by the
City of Newport Beach shall be called upon to contribute with insurance provided by this
policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of liability of the
company affording coverage.
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision con-
tained in the written contract designated below, between the named insured and the
City of Newport Beach, State of California Department of Transportation, Hoag Memorial
Hospital Presbyterian, Lido Sands Community Association, Balboa Coves Community
Association, Robert Bein, William Frost & Associates, their officers and employees.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU" hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured(s) named in
Paragraph 1. of this endorsement shall be the limits indicated below written on an
"Occurrence" basis:
( ) Commercial W Comprehensive
General Liability S 1,000,000 each occurrence
E _1 o0,000 aggregate
The applicable limit of Contractual Liability for the company affording coverage shall
be reduced by any amount paid as damages under this endorsement in behalf of the
additional insured(s).
The limits of liability as stated in this endorsement shall not increase the total
liability of the company affording coverage for all damages as the result of any one
occurrence in excess of the limits of liability stated in the policy as applicable to
General Liability Insurance.
6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
7. Designated Contract: PACTFTC COAST Project tle an ontract No.
This endorsement is effective 8/14/89 at 12:01 A.M. and forms a part of
Policy No. 898052001
of Institute of London Underwriters
Insured Silveri & LeBouef JV Endorsement No. TED
Issuing Company CX)RROON & BLACK INS. SVCS. By� p
ut»ioriz*P resentat v
0 0
Page 19
CONTRACT
THIS AGREEMENT, entered into thiscW�.day of C., �, 19�� .
by and between the CITY OF NEWPORT BEACH, hereinafter "City and
SILVE I L B UE V , hereinafter "Contractor," is ade with reference
to the of owing acts:
(a) City has heretofore advertised for bids for the following described
public work:
ik[A WIDE
NING C -2591
Title o Project Contract No.
(b) Contractor has determined by City to be the lowest responsible
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 specifi-
cations 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:
G2597 G Y_ it e o Project Contract No.
which project is more fully described in the contract documnts. 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 Twelve Million
ity Seven Thousand Six Hundred Thirty Three and 30/100 Dollars ($12,087,633. 0
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
obstructions 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 incor-
porated herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instructions to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsement(s)
..
•.
Page 20
(f) Plans and Special Provisions for
PACIFIC COAST HIGHWAY WIDENING C -2591
Title of Project Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, and indemnity 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.
CITT OF
.�.
By
1i, Iit�
ATTEST:
APPROVED AS TO FORM:
:; 4W SILVERI & LeBOUEF JV
04 a City Attorney A Name of Contractor (Principal)
g242-44�" &
Auth ized Signature arW Ti lie
Authorized igna ure and Title
CITY
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CITY OF NEWPORT BEACH
PACIFIC COAST HIGHWAY WIDENING
CONTRACT NO. C -2591
ADDENDUM NO.
NOTICE TO BIDDERS:
Bidders shall propose to complete Contract No. C -2591 in accordance with the Plans,
Proposal, Contract Documents and Special Provisions as modified by this ADDENDUM
NO. 1.
Bids for this project are to be opened on June 8, 1989.
The following changes are hereby made to the Plans, Proposal, Contract Documents and
Special Provisions:
1. Proposal
The proposal form is hereby replaced with the attached revised proposal form.
The changes or revisions include:
a. Divide Item 56C into Items 56C & 56J.
b. Delete decimal from quantities for Items 91 & 93.
c. Delete Bid Items 128 & 129.
d. Increase estimated quantity of Bid Item 144 to 4.
e. Add bid item for relocation of 24" water line shown on Sheet W -4.
f. Add Alternates A & B to provide an alternate foundation for sound wall Type
D. The City reserves the right to award the contract based on either of the
two alternates regardless of price.
2. Instructions to Bidders
Revised per attached to provide for award of contract on either Alternate bid.
Also adds 'Bidders DBE Information Sheet" to required documents to be included
with bid.
3. Special Provisions
A. Delete Sections 10 -2 -1P, 10 -2.1Q, 10 -2.1R & 10 -2.1S.
B. Add Section 10 -2.1P Plant Establishment Work. Plant establishment work
shall consist of caring for the p anting as specified in Section 20 -4.08 of
the Standard Specifications. A type 2 plant establishment period of 90 days
shall be provided. However, the plant establishment period shall not be
considered as included in the total time limit specified for the contract.
In addition to the plant establishment period, the Trachycarpus Fortunei
trees shall be guaranteed for one (1) year after they are planted. The
Contractor shall submit the guarantee on a form provided by the Engineer
prior to the final payment.
• 0
PACIFIC COAST HIGHWAY WIDENING
CONTRACT NO. C -2591
ADDENDUM NO. 1
PAGE 2
C. Replace page SP 10 -57B with attached SP 10 -57B.
D. Add to Section 10 -1.33F to provide that the unit prices bid for masonry
retaining and sound walls also includes required footing excavation and does
not include the cost of the new concrete mow strip or concrete curb adjacent
to sound walls I, III, IV, V, VIII & IX.
E. Add to Section 10 -1.32 the following: The unit price bid for Class A
concrete (footing) shall include full compensation for furnishing and
placing all bar reinforcing steel, complete in place as shown on the plans,
and no separate payment will be made for these included items. The cost of
excavation for the footings shall be included in the unit prices bid for
either the retaining or sound walls.
F. Add to Section 10 -1.32 the following: The unit price bid for minor concrete
(curb & gutter) shall include full compensation for constructing the new
concrete mow strip and concrete curb adjacent to sound walls 1, III, IV, V,
VIII & IX.
G. Add to Section 10 -1.22. The attached Caltrans Encroachment Permit has been
issued to the City of Newport Beach. In accordance with the terms of the
Permit, the Contractor will be required to obtain a "no fee" permit from
Caltrans. If there are any conflicts between the terms of the permit and
these Contract Documents, the Contract Documents shall prevail.
H. Add to third sentence of Section 10 -1.338 Materials - -for approval or
precision block as shown on the drawings.
I. Add Section 10 -1.33A Cast -in -Place Concrete Piles. Cast -in -Place Concrete
Piles shall conform to Section 49 -4 of the Standard Specifications.
J. Full compensation for relocating the four (4) street lights and replacing
the street lighting conduit shown on Sheets U -2 & U -3 shall be considered as
included in the unit price bid for Wall Type "C" or Wall Type "G" and no
separate payment will be made for these included items.
K. Section 10 -3.24 Service Point Connections. Substitute the following: Upon
written request by the Contractor, the Engineer will arrange with the
serving utility to complete service point connections for permanent
installations and the City will pay all costs and fees required by the
utility. Such request shall be submitted not less than 15 days before
service connections are required.
L. Section 10 -3.17 Detectors. Add the following: In addition to the sealants
provided for in Section 86- 5.01A(5) of the Standard Specifications,
Asphaltic emulsion sealant may be used to fill the slots in asphalt concrete
pavement. Asphaltic emulsion sealant shall conform to the requirements of
Section 86- 5- 01A(5) of the 1988 edition of the Standard Specifications.
PACIFIC COAST HIGHWAY WIDENING
CONTRACT NO. C -2591
ADDENDUM NO. 1
PAGE 3
4. Plans
A. Sheets SW -13, SW -14 & SW -15. Change 8" x 6" x 16" Masonry Units to 8" x 8"
x 16" Masonry Units. All walls on these sheets shall be precision concrete
block with a stucco finish on both sides. The stucco finish shall extend
from the top of the wall to 6" below grade. The cost of the stucco finish
is not to be included in the unit price bid for the walls.
B. Sheets S -18 & SW -20. Change note on Typical Wall Section A, B & C and
Typical Wall Section - Wall "G" from '8" x 8" x 16" Plain Block' to '8" x
8" x 16" Precision Block'.
C. Drawing No. SW -18A attached is hereby added to the drawings. This drawing
provides a detail for Wall Type "DA" as an alternate to Wall Type "D" shown
on SW -18 of the drawings. The footing profile shown on Sheets SW -8, SW -9,
SW -10, SW -11 & SW -12 for Wall Type "D" will be raised approximately 1.5' for
Wall Type "DA ".
D. Sheet W -1. Change 8" x 8" Tee at Station 10 +03 in the profile to a 12" x
12" Tee. Delete the 12" x 8" reducer shown in the profile at Station 10 +07.
E. Sheet W -1. Change 4" RT 45° elbow per Construction Note 119 to 4" F1g. x
F1g. 45° elbow.
Execute and date this ADDENDUM NO. 1 and attach it to your bid proposal. No bid
proposal will be accepted without ADDENDUM NO. 1 being executed and attached
thereto.
Donald C. Simpson
Project Manager
DCS:dw
I have carefully examined ADDENDUM NO. 1 and hereby consent to it being made a part
of our proposal.
Date: June 7, 1989
Telephone No.: 714- 680 -4995
Bidders Address:
1229 No. Olive Street
Anaheim, CA 92801
(Bidder's Name
s /Jerry LeBouef, Partner
(Authorized Signature)
0 0
ADDENDUM N0. 1
Attachments
1. Instructions to Bidders
2. New SP 10 -57 B
3. Drawing SW -18A
4. Caltrans Permit
5. Proposal
CITY OF NEWPORT BEACH Page 1
• PUBLIC WORKS DEPARTMENT • Revised per Addendum
INSTRUCTIONS TO BIDDERS No. 1
The following contract documents shall be completed, executed and received by the
City Clerk in accordance with NOTICE INVITING BIDS:
1. PROPOSAL
2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (IN A SUM NOT LESS THAN 10% OF THE
5. PUBLIC CONTRACT SECTION 10232 STATEMENT
6. EEO CERTIFICATION
7. NON- COLLUSION AFFIDAVIT
8. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
9. PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
10. DEBARMENT AND SUSPENSION CERTIFICATION
11. TECHNICAL ABILITY AND EXPERIENCE REFERENCE
12. BIDDERS DBE INFORMATION SHEET (PG. 21)
TOTAL BID PRICE)
except that cash, certified check or cashier's check (in the amount of 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.
Bidders must hold a class "A" license in accordance with the provisions of Chapter
9, Division III, of the Business and Professions' Code. The low bidder shall also
be required to obtain a City of Newport Beach business license prior to execution of
the contract.
Bids are to be compared based upon the total lump sum price bid to complete the
contract. In the event of discrepancy between wording and figures, bid wording
shall prevail over bid figures. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
Award of Contract. The proposal provides for two alternate bids: The City reserves
the right to award the contract based on either of the two alternates regardless of
price.
Contract documents shall bear signatures and titles of persons authorized to sign on
behalf of the bidder. For corporations, the signatures shall be of the President
or Vice- President. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem
wages in the locality in which the work is to be performed for each craft,
classification, or type of workman or mechanic needed to execute the 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.
484181 A
Contr's Lic. No. & Classification
June 8, 1989
Date
Silveri & LeBouef JV
Bidder
s /Jerry LeBouef, Partner
Authorized Signature /Title
0
0
Revised Per Addendum No. 1
HIGHWAY PLANTING COST BREAK -DOWN
CONTRACT NO. 2591
APPROXIMATE
UNIT DESCRIPTION UNIT QUANTITY VALUE AMOUNT
PREPARE HOLE (SOIL AMENDMENT)
SF
100,595
PLANT (GROUP F) FLATS
SF
85,970
PLANT (GROUP M) LINERS
SF
2,120
PLANT (GROUP A) 1 GAL.
EA
5,518
PLANT (GROUP B) 5 GAL.
EA
2,330
PLANT (GROUP C) BALLED & BURLAP
EA
345
PLANT (GROUP U) 15 GAL.
EA
23
PLANT (GROUP K) BOX
EA
11
PLANT (GROUP K) BOX
EA
3
PLANT (GROUP T) (HYDROSEED) TURF
SF
9,500
PLANT ESTABLISHMENT WOLRK
SF
100,595
* Refer to Caltrans Project
Plan Standards for Group
Descriptions
SP 10 -57 B
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DEPARTMENT OF TRANSPORTATION (CALTRANS)
ENCROACHMENT PERMITS
DM-M- P-202A (REV 2/82)
In compliance with (check one):
X Your application of Mav 17, 1989
Utility Notice No
X Agreement No. 12 -001
R/W Contract No
TO:
dated
dated 11 -14 -88
dated
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Donald Simpson
Permit No.
1289 - 0-0261
Dist /Co /Rte /PM
12 -ORA- 001 - 19.8/21.4
Date: May 23, 1989
Fee Paid Deposit
$ $Exempt
Bond Amount:
Bond Company:
Bond Number:
CHARGE TO EA 12208- 023763
PERMITTEE
and subject to the following, PERMISSION IS HEREBY GRANTED to:
Enter the State right -of -way to widen Pacific Coast Highway from 4 to
6 lanes, install traffic signal, modify traffic signals, construct
soundwalls, landscaping, street lighting system, natural gas line, water
line, curb, gutters, sideawlks, asphalt concrete paving and storm drains
from route 55 to Highland Street, all in accordance with Permit Plans
and Specifications dated May 17, 1989.
Permittee shall notify the State Representative LARRY KELLERMAN at
714/724 -0577 and the State Electrical inspector Bob Curl at 213/620 -2030
a minimum of two working days prior to the initial start of work.
Continued on page 2
The following attachments are also included as part of this
In addition to fee the permittee will
permit (Check applicable):
II
be billed actual costs for:
X Yes _ No General Provisions
Yes X No Review
Yes X No Utility Maintenance Provisions
Yes X No Inspection
Yes X No Special Provisions
X_ Yes _ No Field work by Caltrans Mtce forces.
Yes X No A Cat-OSHA permit is required prior to beginning
Work. Permit No:
Yes X No The information in the environmental documentation has been reviewed and considered prior to approval
of this permit.
This permit is void unless the Mork is completed before February 29. 1991 . This permit is to be strictly construed
and not other than specifically mentioned is hereby authorized. No project work shall be commenced until all other
necessary permits and environmental clearances have been obtained.
Distribution:
APPROVED:
Orange
San Juan
KEITH E. McKEAN, District Director
Peruzzi -info
Curl -insp
BY:
Kellerman- construction
Gene Alexander -Lob
✓ ✓ ✓CMD(JVA,
H. DAVID Associate District Permit Engineer
In addition to th ttached General Provisio form DM- M- P -202B,
the following Spe 1 Provisions are applicab e:
1- Permittee shall arrange a pre- construction meeting with his
contractors and the State Representative to insure a complete
understanding of the work and the permit requirements.
2- California Highway Patrol Area Commander and the State
Representative shall be notified at least 48 hours prior to
implementing traffic control.
3- Orange vests and hard hats shall be worn at all times while
working within State right -of -way.
4- A minimum of two days prior to the start of any excavation
authorized by this Permit, Permittee shall notify UNDERGROUND
SERVICE ALERT at 1 -800- 422 -4133.
5- In the event of any discrepancy between the Encroachment
Permit General Provisions and the Contract Special
Provisions, the Special Provisions shall prevail.
6- Immediately following completion of the work permitted
herein, the Permittee shall fill out and mail the Notice of
Completion attached to this permit.
7- If the work authorized by this permit is to be performed by
contractors forces for a Public ,Agency, the Permittee's
contractor shall furnish the State with a signed application
requesting a separate Caltrans permit authorizing the
contractor to perform the work within the State Highway right
of way for the Permittee.
8- The Permittee's contractor is required to have the signed
original permit or a copy with all Special Provisions and
plans stamped CALTRANS PERMIT PLANS dated May 23, 1989 at
the job -site at all times while work is being conducted.
n
2
0
*DEPARTMENT OF TRANSPORTATION
ENCROACHMENT PERMIT GENERAL PROVISIONS
OKI M P 20.a IRO. )M91
1.
P4
3.
4.
5.
P
7.
8.
Authority: Each Encroachment Per-
mit is issued In accordance with Chap-
ter 3 of Division 1, commencing with
Section 660. et seq., of the Streets and
Highways Code [SHC).
Revocation Except as otherwise pro
vided for public corporatlons, fmn-
chlse holders and utilities, En-
croachment Permits are revocable on
five (5) days notice These General Pro
visions Utility Maintenance Pro-
visions, and any Encroachment Permit
Issued hereunder are revocable or sub-
ject to modification or abrogation at
any time without prejudice, however.
to priorTlghts, including those eviden
ced by joint use agreements, franchise
rights reserved rights or any other
agreements for pperating purposes in
the State highway right -of -way.
Responsible Party: No party other
than the named permittee or their
agent is authorized to work under
any permit
Acceptance of Provisions: It Is
understood and agreed by the permit -
tee that the doing of any work under
this permit shall constitute an accep-
tance of the provisions of this permit
and all attachments
Notice Prior to startfngWork: Before
starting work under the Encroach-
ment Permit. the permittee shall notify
the designated Department represen-
tative two (2) working days prior to ini-
tial start of work When work has been
interrupted for more than five (5) work -
Ing days an additional 24 -hour
notification is required before restart-
ing work unless a prearranged agree-
ment has been made with the
Department's representative Unless
otherwise specified all work shall be
performed on weekdays and during
normal working hours of the Depart-
ment's representative
Standards of Construction All work
performed within the highway shall
conform to recognized standards of
construction and the current Depart-
ment Standard Specifications Stan-
dard Plans and Manual on High and
Low Risk Facilities Within Highway
Rights -of -Way and any Special Pro-
visions relating thereto.
Inspection and Approval by the
Department: All work shall be subject
to monitoring tnspectlon. and
approval by the Department. The per -
mittee shall request a final Inspection
and acceptance of the work
Keep Permit on the Work Sit= The
Encroachment Permit or a copy
thereof shall be kept at the site of the
work and must be shown to any rep-
resentative of the Department or any
law enforcement officer on demand
WORK SHALL BE SUSPENDED IF
PERMIT IS NOT AT JOB SITE AS
PROVIDED.
9, Conflicting Permits: If a prior
encroachment conflicts with the pro
posed work the new permittee must
arrange for any necessary removal
or relocation with the prior permitter
Any such removal or relocation will be
at no expense to the Department
10. Permits Prom Other Agencies: The
party or parties to whom a permit is
Issued shall, whenever required bylaw.
secure the written authorization for
anywork that must beapproved by the
Public Utilities Commission (PUC) of
the State of California CAI OSHA or
any other public agency having jurls-
diction Failure to comply with the law,
as noted above, will invalidate the
Department's permit
11. Provisions for Pedestrians: Where
facilities exist. a minimum sidewalk
and bikepath width of four feet (41
shall be maintained at all times forsafe
passage through the work area At no
time shall pedestrians be diverted onto
a portion of the street used for
vehicular traffic At locations where
adjacent alternatewalkways cannot be
provided appropriate signs and
barricades shall be installed at the
limits of construction and In advance
of the closure at the nearest crosswalk
or intersection to divert pedestrians
across the street
12. Protection of Traffic: Adequate pro
visions shall be made forthe protection
of the traveling public Warning signs
lights and safety devices and other
measures required for the public
safety, shall conform to the require-
ments of the Manual of Traffic
Controls issued by the Department
'raffle control for day or nighttime
lane closures shall be in conformance
with Department Standard Plans for
Traffic Control Systems Nothing In the
permit is intended as to third parties
to impose on permittee any duty, or
standard of care, greater than or dif-
ferent than the duty orstandard of care
imposed by law.
13. Minimum Interference with TraL
Se All work shall be planned and car-
ried out so that there will be the least
possible inconvenience to the travel-
ing public The permittee Is authorized
to place properly attired naggerts) to
stop and wain conventional highway
traffic Traffic shall not be unreason -
ablydelayed Flaggingprocedures shall
be in conformance with the Instruc-
tions to Flaggers pamphlet and/or
Manual of Traffic Controls for
Construction and Maintenance Work
Zones issued by the Department
14. Storage of Equipment and Materials
The permittee shall install temporary
railing(Type 10 between any lane carry-
Ing public traffic and any obstacle
material stored or equipment parked
within twelve feet (IT) of the lane
•
Utilities are subject to the provisions of
Section 22512 of the California Vehicle
Code (CVC).
15. CamofDralnage: If the work contem-
plated In any Encroachment Permit
shall Interfere with the established
drainage, ample provision shall
be made by the permittee to provide
for It as may be directed by the
Department
16. MakingRepalm In every case. the per-
mittee shall be responsible for restor-
ing to Its former condition as nearly as
may be possible any portion of the
State highway facility which has been
excavated or otherwise disturbed by
permittee. The permittee shall main-
tain the surface over facilities placed
tinder any permit If the highway Is not
restored as herein provided for. or If the
Department elects to make repairs
permittee agrees by acceptance of per-
mit to bear the cost thereof.
17. Permits for Record Only: If occupa-
tion of highway right- of-way is under
joint use agreement or under prior
easement. Encroachment Permits will
be Issued to the permitter for the pur-
pose of providing the Department with
notice and a record of work The permit
will also specify the current terms and
conditions relating to public safety. No
new or different rights or obligations
are Intended to be created by the
permit In such cases and all such prior
rights shall be fully protected
Encroachment Permits Issued In such
cases shall have designated across the
face thereof "Notice and Record
Purposes Only'. (District Office of Right
of Way must give approval for this
designation)
18. Clean Up Right-of -Way. Upon com-
pletion of the work all brush timber.
scraps material etc, shall be entirety
removed and the right -of -way shall be
left in as presentable a condition as
existed before work started
19. CostofWork: Unless otherwise stated
on the permit or other separate written
agreement. all costs Incurred for work
withing the State right -of -way pur-
suant to this Encroachment Permit
shall be borne by the permitter and
permute hereby waives all claims for
Indemnification or contribution from
the State for such work
20. Actual Cost Billing: Whenthepernit-
tee is to be billed actual costs (as
Indicated on the face of the permit).
such costs will beat the current hourly
rate established by the Department for
Encroachment Permits
21. Submit Plan- For installation of all
underground facilities, and all surface
work or other activity of consequence.
the permitter shall furnish five (5) sets
of plans showing location and con-
struction or other activity with Its
application Thirty 130) days after
22.
PAI
24.
L,
completion and acceptance of the
work one (I I set of asbulit plans shall
be submitted to the District
Bonding This permit shall not be
effective for any purpose unless. and
until the permittee files with the
Department a surety bond when
required by the Department In the
form and amount required by the
Department. A bond is not ordinarily
required of any public corporation or
publicly or privately-owned utility but
will be required of any utility that falls
to meet any obligation arising out of
the work permitted or done under an
Encroachment Permit or falls to maln-
taln its plant, work or factllttes The
said bond shall remain In force for a
period of one 11) year after acceptance
of the work by the Department
Maintenance of HiQbways: The
permittee agrees by acceptance of a
permit to properly maintain any
encroachment This will require
inspection and repair of any damage to
State facilities resulting from the
encroachment
ResponsibflltyforDawage: The State
of California and all officers and
employees thereot including but not
limited to the Director of Transporta-
tion and the Deputy Director, shall not
be answerable or accountable In any
manner, for injury to or death of any
person, Including but not limited to
the permittee. persons employed by the
permittee. persons acting in behalf of
the permitter or for damage to pro-
perty from any cause. The permittee
shall be responsible for any liability
Imposed by law and for injuries to or
death of any person Including but not
limited to the permittee. persons
employed by the permittee. persons
acting In behalf of the permittee. or
damage to property arisingout ofwork
or other activity permitted and done by
the permittee under a permit or arts
mg out of the failure on the permittee s
part to perform his obligations under
any permit in respect to maintenance
or any other obligations or resulting
from defects or obstructions or from
any cause whatsoever during the pro-
grtss of the work or other activity, or at
any subsequent time work or other
activity Is being performed under the
obligations provided by and contem-
plated by the permit
The permittee shall Indemnify and
save harmless the State of California
and all officers and employees thereof.
including but not limited to the Direc-
tor of Transportation and the Deputy
Director. from all claims suits or
actions of every name, kind and des
cription brought for or on account of
Injuries to or death of any person.
Including but not limited to the
permittee. persons employed by the
permitter. persons acting In behalf of
the permittee and the public, or
damage to property resulting from the
0
prrf- +nuance of work or other activity
under the penult. or arisingout of the
failure on the permittee s part to per-
form his obligations under any permit
In respect to maintenance or any other
obligations, or resulting from defects
or obstructions or from any cause
whatsoever during the progress of the
work or other activity or at any subse-
quent time work or other activity Is
being performed 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 regardless of the exts-
tence or degree of fault or negllgence,
whether active or passtve. primary or
secondary, on the part of the State. the
permittee. persons employed by the
permittee or persons acting In behalf
of the permlttee.
25. Federal Civil Ruts Requirements
for Public Accommodation A The
permittm for himself. his personal
representatives successors in Interest
and assigns as part of the considera-
tion hereof. does hereby covenant and
agree that- 1) no person on the grounds
of race, color, or national origin shall be
excluded from participation try be
denied the benefits of, or be otherwise
subjected to discrimination In the use
of said facilities 2) that In connection
with the construction of any
Improvements on said lands and the
furnishing of services thereon, no dis-
crlmination shall be practiced In the
selection of employees and contrao-
tors, by contractors In the selection
and retention of first -tier subeontrae
tots In the selection of second -tier
subcontractors, 3) that such dis-
crimination shall not be practiced
against the public In their access to
and use of the facilities and services
provided for public accommodations
(such as eattng sleeping rest, recrea-
tion), and operated on, over or under
the space of the right -of -way, and 4)
that the permittee shall use the pre-
mises In compliance with all other
requirements Imposed pursuant to
Title 15. Code of Federal Regulations
Commerce and Foreign Trade. Subtitle
A Office of the Secretary of commerce.
part 8 (15 C.F.R. Part 8) and as said
Regulations maybe amended a. That
in the event of breach of any of the
above nondiscrimination covenants
the State shall have the right to ter-
minate the permit and to reenter and
repossess said land and the facilities
thereon, and hold the same as If
said permit had never been made or
Issued
26. No Precedent Estabilabed: this per-
mit is Issued with the understanding
that any particular action is not to be
considered as establishing any precen-
dent (1) on the question of the
expediency of permitting any certain
kind of encroachment to be erected
within right -of-way of State highways
or (2) as to any utility of the accep-
tability of any such permits as to any
other or future situation.
27. Archaeological: The permittee shall
cease work In the vicinity of any
archaeological resources that are
revealed The Permit Engineer shall be
notified immediately. A qualified
archaeologist. retained by the permlt-
tee, will evaluate the situation and
make recommendations to the Permit
Engineer concerning the continuation
of the work
28. Future Moving oflnstalhtione If the
Encroachment Permit was Issued at
the request of the permittee. It is
understood that whenever State con.
struction, reconstruction or main-
tenance work on the highway requires
the Installation to be moved adjusted
or relocated the permittm at his sole
expense. upon request of the Depart-
ment shall comply with said request
29. PrevalBag wages: Construction.
alteration. demolition, repair or maln-
tenance work performed under a per-
m it Issued by the Department ofTrans-
portation may require the owner/per-
mittee to pay all workers employed by
the contractor and subcontractors the
appropriate predetermined prevailing
wage rates as set by the Director of the
Department of Industrial Relations
See California Labor Code. Division 2.
Part 7. (commencing with section
1720). Streets and Highways Code,
Chapter 3, Article 2 Section 671.1. and
Opinion of the Attorney General of the
State of California. No. 86 -803, dated
December 31. 1986.
Inquiries or requests for interpret-
ations relative to the enforcement of
prevailingwage requirement should be
directed to the State of California
Department of Industrial Relations
525 Golden Gate Avenue. San Fran-
cisco, California 94102.
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
.CONSTRUCTION ON
PACIFIC COAST HIGHWAY (S.R. 1)
HIGHLAND STREET
TO
NEWPORT BOULEVARD (S.R. 55)
CITY CONTRACT NO. 2591
STATE CONTRACT NO. 023764
(FEBRUARY 1989)
PROPOSAL
TO THE HONORABLE CITY COUNCIL
City of Newport Beach
330 Newport Boulevard
P.O. Box 1768
Newport Beach, California 92663 -3884
Gentlemen:
•
Revised Addendum No. 1
June 2, 1989
The undersigned declares that he has carefully examined the location of the work, has read
the Instruction to Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials and do all the work required to complete City Contract
No. 2591 in accordance with the Plans and Special Provisions, and will take in full payment
therefore the following unit price for the work, complete in place, to wit:
ITEM
ITEM
133,200.00
----- - - - - --
NO
CODE
ITEM
1
070001
Construction Staking
- - --
2
-- - - - - --
120090
---------------------------------
Construction Area Signs
----
3
-- -- -- --
120100
---------------------------------
Traffic Control System (Staging)
30,000.00
----- - - - - --
LS
(Plans CS -1 and 2)
-- --
4
- -- - - ---
120110
---------------------------------
Flashing Arrow Sign
-- --
5
- - - - - --
129000
---------------------------------
Temporary Railing (Type K)
-
-_6 --
- - - - --
150205
- ---------------------------------
- Abandon Reinforced- Box - Culvert --
UNIT OF
MEASUREIQUANTITYDIITEM PRICE I TOTAL
LS
- - - - - --
1
--- - - - - --
133,200.00
----- - - - - --
133,200.00.
-- --- - - - - --
LS
- - -----
1
--- - - - - --
9,000.00
----- - - -- --
9,000.00
-- --- - - - - --
LS
1
- - - - ---
--- -- - - --
30,000.00
-- --- - - - - --
30,000.00
----- - - - - --
LS
1
5,000.00
5,000.00
LF -- -
- -
- - -1,620
20.00 ------
32,400,00-
LS- __--
___ = -- 1__1,000_00____1,000_00____
' -1
ITEM ITEM UNIT OF ESTIMATED
NO CODE ITEM MEASURE QUANTITY ITEM PRICE TOTAL
7 1150717 Remove Traffic Striping and SF 22,930
10
11
12
13
14
15
16
17
18
19
20
21
150722
150872
150827
150811
150808
150821
153220
150608
153215
150846
151281 -A
151281 -E
151281 -C
152391 -A
22 152391 -E
23 152392 -1
24 152392 -E
25 152392 -(
26
1152393 -E
Pavement Marking
---------------------------------
Remove Pavement Marker
---------------------------------
Remove Traffic Island
---------------------------------
Remove Catch Basin
---------------------------------
Remove Corrugated Metal Pipe
---------------------------------
Remove or Abandon Storm Drain
---------------------------------
Remove Headwall
---------------------------------
Remove Concrete (Channel)
---------------------------------
Remove Chain Link Fence
---------------------------------
Remove Concrete Curb & Gutter
---------------------------------
Remove Concrete Pavement
---------------------------------
Salvage Roadside Sign (SC -9)
---------------------------------
Salvage Roadside Sign(SC -19 & 20)
---------------------------------
Salvage Roadside Sign (PDS -7 & 8)
---------------------------------
Relocate Roadside Sign (Metal
Post (SC -9)
---------------------------------
Relocate Roadside Sign (Metal
Post (SC -19 & 20)
---------------------------------
Relocate Roadside Sign (Wood Post
(SC -9)
---------------------------------
Relocate Roadside Sign (Wood Post
(SC -19 & 20)
Relocate Roadside Sign (Wood Post
(PDS -7 & 8)
---------------------------------
Relocate Roadside Sign (Strap/
Saddle Bracket Meth.)(SC -19 & 20)
EA
SF
EA
LF
LF
EA
LF
LF
LF
SY
EA
EA
EA
EA
-- -3,270
1,700
9
140
1,960
1,340
6,110
2,150
4,350
--- - - -48-
--- - - -33-
--- ---13-
- -EA --
-
-- - - - ---
EA
15
- -EA - --
---
- - - -3-
EA
EA
- - - - - - --
3
30
2.00
1.00
1.50
2000.00
30.00
30.00
2,000.00
20.00
3.00
3.00
15.00 _____
45.00 -----
45 _00 _____
50.00
75.00
75.00
45,860.00
3,270.00
2,550.00
18,000.00
4,200.00
58,800.00
6,000.00
26,800.00
18,330.00
6,450.00
65,250.00
2j 160_ 00---
1j350_ 00
1,650.00
975.00
75.00
----- - - - - --
135.00 2
22025.00
135.00 4
405.00
135.00 4
405.00
70.00 - - - -- 12,100.00 I
I
-=----------------------------------------------------------------------------------------
ITEM
ITEM
UNIT OF
ESTIMATED
NO
CODE
ITEM
MEASURE
QUANTITY
ITEM PRICE
TOTAL
27
152393 -C
Relocate Roadside Sign (Strap
EA
1
Saddle Bracket Meth.)(PDS -7 & 8)
70.00
70.00
- ---
28
- - --
-- - - -- --
152640 -C
-- - - - - --
------- -- -- -------------- -- - - - - --
Modify Roadside Sign (PDS -7 & 8)
--- -------------- --- ------- - -- ---
- - - - - --
EA
- - - - - --
- --- - - - --
4
--- - -- - --
- ---- - --- --
140.00
- ---- - - - - --
-- --- - - - - --
560.00
----- - - - - --
29
152693 -A
Relocate Roadside Sign (Strap &
EA
9
- - --
-- - - - - --
Saddle Bracket Meth.)(SC -9)
-- ----------------------- -- - - - - --
-- - - - --
--- -- - - --
140.00
----- - - - - --
1260.00
----- -- ----
30
- - --
153218
-- - - - - --
Remove Concrete Sidewalk
-------- ------ ----------- -- - -- - --
SF
- - - - - --
23,074
--- - - - - --
.40
----- - -- ---
9,229.00
----- - - - - --
31
15 - - --
Remove Masonry Block Wall
LF
2,352
- - --
-- - - - - --
and Footing
--------- ------------------ - - - - --
- - - - - --
--- - - - - --
20.00
----- - - - - --
47,040.00
----- --- - --
32
- ---
150604
-- - - - - --
Remove Wood Fence
----- ------- ------------- -- - - - - --
LF
- - - - - --
720
--- - - - - --
5.00
----- - - - - --
3,600.00
----- - -- ---
33
-- --
152251
-- - - - - --
Relocate Hydrant
--- -- -- ------------------ -- - - - - --
EA
- - - - - --
8
--- - - - - --
1,100.00
-- -- - - - - - --
8,800.00
----- -- -- --
34
- - --
152410
-- - - - - --
Relocate Water Meter
-- ---- -------------- -- --- -- - - - - --
EA
- - - - ---
2
--- - - - - --
750.00
--- -- - -- - --
1500.00
----- -- - - --
35
- - --
152400
-- - - - - --
Adjust Exist.Sewer Cleanout Cover
--------- ------------------ - - - - --
EA
- - - - - --
3
--- - -- - --
20.00
----- - - - - --
60.00
---- - -- - - --
36
- - --
152402
-- - - - - --
Adjust Existing Water Valve Cover
-- -------------- ------- --- - --- - --
EA
- - - - - --
39
--- - - - - --
200.00
----- -- - - --
7,800.00
----- --- - --
37
- - --
152440
-- - - - - --
Adjust Existing Manhole
-- ----------------- --- ----- - - -- --
EA
- - - - - --
51
--- - -- - --
200.00
-- --- - - - - --
10,200.00
----- -- - - --
38
- - --
152471
-- - - - - --
Adjust Existing Meter Box
-- --------------- ----- ----- - - - - --
EA
- -- - - --
15
--- - -- - --
2.00
----- - - - - --
30.00
----- - - - ---
39
- - --
153114
-- - - - - --
Cold Plane AC Pavement (0.20')
-- --- ---- ------------------ - - - - --
SY
- - - - ---
7,700
--- - -- - --
2,50
-- --- - - - - --
19,250.00
----- -- - - --
40
----
160101
- --- - - --
Clearing & Grubbing
------------ --------------- - - - - --
LS
- - - - - --
1
--- - - - - --
911,200.00
----- - - - - --
911,200.00
-=--- -- - - --
41
- - --
190101
-- - - - - --
Roadway Excavation (Incl AC Pvmt)
-------------- -------- ----- - - - - --
CY
-- - - - --
60,380
--- - -- - --
4.00
--- -- - -- ---
241,520.00
----- -- - - --
41A
190 - --
Unsuitable Material Excavation
CY
1500
- - --
-- - - - - --
(Including granular backfill)
-- --------- ------------- -- - -- - - --
- - - - - --
--- - - - - --
35.50
- ---- - -- - --
53,250.00
--- -- - - - - --
42
- - --
194001
-- - - - - --
Ditch Excavation
-- --- -------- ---- ------ --- -- --- --
CY
- - - - - --
3,510
-- - - -- - --
10.00
- ---- - - - - --
35,100.00
-- --- - - - ---
43
- - --
200001 -A
-- - - - - --
Highway Planting
---------
LS
1
274,000.00
274,000.00
44
- - --
200001 -B
-- - - - - --
------------------ - -- - --
Parking Lot Planting
---------------------------
- - - - - --
LS
--- - - - ---
1
----- - - - - --
38,000.00
--- -- - - -- --
38,000.00
44A
-- --
203016
-- - - - - --
---- --
Erosion Control (Type D)
---------------------------
- - - - - --
SY
--- -- -- --
9,600
----- - - - - --
75.00
----- - -- ---
720,000.00
45
- - --
208000 -A
-- - -- - --
- - - - --
Highway Irrigation System
-------
- - - - - --
LS
--- - - - - --
1
----- - - - - --
256,750.00
---- - --- - --
256,750.00
46
208000 -B
-------------------- -- - - --
Parking Lot Irrigation
- - - - - --
LS
-- - - --- --
1
----- - - - - --
36,200.00
----- - - - ---
P6,200.00
- - - - - -- ---- - - - - --
----------------------------------------
P-3
ITEM
NO
47
_48_
49
50
51
52
53
54
ITEM
CODE
250201
260201
394012
394013
390103
510109
510311
510502
55 510509
56A 518002
56B 518002
56C 518002
56D 518002
56E 518002
56F 518002
56G 518002
56H
56I
56J
57A
518002
518002
518002
t 0
P -4
TOTAL
108,042.0
147,972 _0
5,520.00
730.00
785,232.0
278,160.0
40,000.00
90,000.00
23,920.00
41,600.00
77,610.00
446,550.
187,950.00
53,775.00
24,720.00
336,000.0(
70,955.00
120,010.00
59,000
UNIT OF
ESTIMATED
ITEM
MEASURE
QUANTITY
ITEM PRICE
Class 4 Aggregate Subbase
--- --------- --------------- -- - - --
CY
- - -- - --
9,822
--- - - - - --
11.00
----- - - -- --
Class 2 Aggregate Base
---------------------------------
CY
- - - - - --
- 13,452
--------
11_00 --
Place Asphalt ConcreteDike(0.50')
--------- -- --------- - - - - --
LF
- - - - - --
2,760
--- - - - - --
2.00
----- - - - - --
-------
Place Asphalt ConcreteDike(0.67')
---------------- - - - - --
LF
- --
365
- -- -- - --
2.00
----- - - - - --
------ -- ---
Asphalt Concrete (Type "B ")
- - --
TON
-
32,718
- - -
24.00
----- --------------- -- --- -- - - -- --
Class A Concrete (Footing)
- - - - - --
CY
-- - - --
1,464
-----------
190.00
-- ----- -------- ------- ---- - - - -- --
Class C Concrete (Backfill)
--- ------------- ----------- - - - - --
- - - - - --
CY
-
-- - -- - - --
200
--- - - - --
----- - -- ---
200.00
--- -- - - - - --
Minor Concrete (Minor Structures)
- -- - --
CY
-
-
90
1000.00
-
---------------------------------
Minor Concrete (Misc.)
------------- ---- ---------- - - - - --
- - - - --
CY
- - - - - --
--- - -- - --
50
--- - - - - --
----- - - - --
1,600.00
----- - - - ---
Masonry Sound Wall Type "A"
SF
1,840
(Excludes Footing)
13.00
-- -------- ------ ------- ---- - -- - --
Masonry Sound Wall Type "B"
- -- - - --
SF
--- -- - - --
3,200
----- - - - ---
(Excludes Footing)
13.00
--- ---- --------- ---------- - - - - - --
Masonry Sound Wall Type "C"
-- - - - --
SF
--- --- - --
5,970
---- - - -- - --
Slumpstone (Excludes Footing)
13.00
-------------- ------------- - - - - --
Masonry Sound Wall Type "D"
- - - - - --
SF
--- - - - - --
29,770
- -- -- - - - - --
(Excludes Footing)
15.00
------- ----------- -- ---- --- - - - - --
Masonry Sound Wall Type "E"
- - - - - --
SF
--- --- - --
12,530
--- -- - -- ---
(Excl.Footing /Transparent Panels)
15.00
-------------------- ------- - - - - --
Masonry Sound Wall Type "F"
- - - - - --
SF
--- - - - - --
3,585
----- - - - ---
(Excludes Footing)
15.00
------ ------- ------- ------- - - - - --
Masonry Sound Wall Type "G"
- - - -- --
SF
- -- - -- - --
1,545
- ---- -- - - --
(Excludes Footing)
------
-
16.00
-------------- ------- - - - - --
Transparent Sound Wall Panels
------ ----------- ----- -- -- - - -- - --
- - - - - --
SF
- - - - - --
- --- - - --
9,600
--- - -- ---
----- -- - - --
35.00
- ---- - - - - --
Wall Plaster Surface Treatment
------ --- ------------- --- -- - - - - --
SF
- - - - - --
30,850
-- - - -- - --
2.30
-- --- - - - - --
Masonry Sound Wall Type "C"
SF
10,910
Precision Block (Excludes Footing
11.00
& Wall Plaster)
------ -- ------------------- - - - - --
Masonry Retaining Wall Type "H"
- - - - - --
SF
--- - -- - --
2,360
----- - - - - --
(Excludes Footing and Handrail)
25.00
P -4
TOTAL
108,042.0
147,972 _0
5,520.00
730.00
785,232.0
278,160.0
40,000.00
90,000.00
23,920.00
41,600.00
77,610.00
446,550.
187,950.00
53,775.00
24,720.00
336,000.0(
70,955.00
120,010.00
59,000
-------------------------------------------------------------------------------------------
ITEM
ITEM
UNIT OF
ESTIMATED
NO
CODE ITEM
MEASURE
QUANTITY
ITEM PRICE
TOTAL
57B
Masonry Retaining Wall Type "I"
SF
2,330
(Excludes Footing)
- - -
25.00
- - - - --
58,250.00
- ---- - -- - --
- - --
57C
-- - - - - -- ------- ---- ---------------- - - - - --
Masonry Slough Wall
- ---
SF
--- --- - --
1,320
-- ---
(Excludes Footing)
13.00
17,160.00
----- - - --
- - --
58
- - --
-- - - - - -- ---- ---------- --- ---------- - - - - --
510104 Class A Concrete (Box Culvert)
-- - - - - -- ----------- -------------- --- - - ---
- - - - - --
CY
- - - - - --
--- ---- --
2,780
--- - - - - --
----- - - - - --
733.00
-- --- - - - - --
--
2,103,710.
----- - -- - --
59
540101 Damp proofing (Masonry Walls)
-- -- -- ------------ ------ ----- ---- - - -- --
SF
- - - - - --
29,900
--- - - - - --
1.00
- =--- - - - - --
29,900.00
----- - - - - --
- - --
60
--
520106 Bar Reinforcing Steel (Epoxy Ctd)
LBS
757,960
,75
- - - ---
568,470.00
----- - - -- --
- - --
61
-- - - - - -- ---------- ------------- ---- - - - - --
562000 -A Furnish Roadside Sign (Stage I)
- -- -- --
EA
--- - - - - --
26
-----
55.00
1430.00
----- - - - - --
- - --
62
-- - - - - -- ------ --- ---------------- -- - - - - --
562000 -B Furnish Roadside Sign
- - - - - --
EA
-- - - - - - --
75
----- - -- - --
(Stage II & II -A)
55.00
4125.00
-- --
63
-- - - - - -- ---------------- --- -- ------ - - - - --
562000 -C Furnish Roadside Sign (PDS -7 & 8)
- - -- - --
EA
--- - - - - --
124
----- - - - - --
55.00
----- - - - ---
6,820.00
-----
-- --
65
-- - - - - -- --- -------------- --- ---- --- - - ----
562007 -B Install Roadside Sign (SC -19 & 20
- - - - - --
EA
- -- - - -- --
2
----- - - - - --
- - - - --
(Metal Post)
85.00
170.00
- - --
66
-- - - - - -- -- -- --------- -- -- -- ------ -- -- -- --
562007 -C Install Roadside Sign (PDS -7 & 8)
- - - - - --
EA
--- - -- - --
5
----- - - - - --
----- - - - - --
(Metal Post)
85.00
425.00
- ---
67
- -- - - - -- -- -- -- ------ ----- -- --- ----- - - - - --
562007 -D Install Roadside Sign (PDS - 9)
- - - - - --
EA
--- - -----
2
- ---- - - - - --
----- - - - - --
(Metal Post)
85.00
170.00
- - --
68
- - - - - - -- -------- --- ---------------- - --- --
566005 -C Install Roadside Sign
- - - - - --
EA
--- - - - - --
50
----- -- - ---
----- ------
(PDS -7 & 8) (Wood Post)
90.00
4,500.00
- - --
69
-- - - - - -- -- ------------------------ - - - - - --
568001 -A Install Roadside Sign (Wood Post)
- - - - ---
EA
- -- - - - - --
18
----- - - - - --
- ---- - - - - --
(SC -19 & 20)
-
90.00
1,620.00
- - --
70
-- - - - - -- ------- ------ -- ------------ -- - - --
568001 -B Install Roadside Sign (Strap/
- - - - --
EA
--- - - - - --
35
---- -- - - - --
----- -- - - --
Saddle Bracket Meth)(SC -19 & 20)
=
50.00
1,750.00
- ---
71
- - - - - -- --------------------------- --- - --
568001 -C Install Roadside Sign (Strap/
- ------
EA
--- - - - - --
39
----- - - - - --
----- - - - - --
Saddle Bracket Method (PDS -7 & 8)
50.00
1,950.00
- - --
72
-- - - - - -- ------------------------ --- - - - - --
568015 -B Install Roadside Sign (Mast Arm
- - - - - --
EA
--- - - - - --
10
----- - - - - --
----- - - - - --
`Hanger Method (SC -19 & 20)
55.00
550.00
----
73
-------- ---- --- ---- ------- --------- - --- --
568015 -C Install Roadside Sign (Mast Arm
- - - - - --
EA
--- - - - - --
18
- ---- - -- - --
--- -- -- - - --
Hanger Method (PDS -7 & 8)
55.00
990.00
- - --
74
--- - - - -- -- ---- --- ---------------- -- - - - - --
650010 12" Reinforced Concrete Pipe
- - - - - --
LF
--- - - - - --
138
----- -- - - --
50.00
----- - - -- --
6,900.00
i
ITEM
ITEM
UNIT OF
ESTIMATED
NO
CODE
ITEM
MEASURE
QUANTITY
ITEM PRICE
TOTAL
75
650014
18" Reinforced Concrete Pipe
LF
1,700
=
- - --
-- - - - - --
(Class per Specifications)
--------- -- --- ------------- - - - - --
- - - - - --
-- - - - - - --
100.00
----- - - - - --
170,000.00
----- - - - ---
76
650018
24" Reinforced Concrete Pipe
LF
504
110.00
55,440.00
(Class per Specifications)
- --
----- - - - - --
------ - -- --'
- - --
76A
- -- - -- --
6500 --
------------ ----------- ---- - - ----
27" Reinforced Concrete Pipe
- - - -
LF
--- - - - - --
8
-- - - - - --
(Class per Specifications)
--------- ------- ----------- - - - - --
- - -- - --
--- - - - - --
115.00
----- - - - - --
920.00
-----------
- - --
77
650022
30" Reinforced Concrete Pipe
LF
520
(Class per Specifications)
- - - - --
- - - - - --
120.00
-- --- --- - --
62,400.00
---- -- - - - --
- - --
78
-- - - - - --
650026
----------- --------- -------
36" Reinforced Concrete Pipe
LF
--- - - - ---
526
- - --
-- - - = - --
(Class per Specifications)
----------------- --------- - - - - - --
- -- - - --
- -- - - - - --
125.00.
---- - - - - - --
65,750.00
---- - - - - - --
79
650030
42" Reinforced Concrete Pipe
LF
18
130.00
2,340.00
(Class per Specifications)
- - - -
- ---
80
-- - - - - --
650034
--- ---- -------------------- - - -- --
48" Reinforced Concrete Pipe
- -- - - --
LF
- -- - - - - --
518
----- -- -- --
135.00
- ---- --
69,930.00
(Class per Specifications)
-
- - --
- - - - --
----- -- - - --
- - --
81
-- - - - - --
6500 --
--------- --------- ----- ---- -- - --
15" Corrugated Steel Pipe
- - -
LF
--- - - - ---
10
---- -
80.00
- - --
800.00
---- -- - - - --
-- --
81A
- - --
-- - - - - --
665017
-- - - - - --
---- --- -- -------------- ---- -- ----
18" Corrugated Steel Pipe
--------------- ------------ - - - - --
- --- ---
LF
- - - - - --
--- - - - - --
106
--- - - - - --
- ---- - -
85.00
--- -- - - - - --
9,010.00
---- - - - - - --
82
- - --
665023
-- - - - - --
24" Corrugated Steel Pipe
--------------------------- - - - - --
LF
- - - - ---
24
--- -- - - --
90.00
----- --- ---
2,160.00
- ---- - - - - --
83
- - --
665041
--
42" Corrugated Steel Pipe
----- - - --
LF
- - - - - --
6
95.00
- - -- --
570.00
----- - - - - --
84
-- - - --
7032 --
---------- ------ ------ - -
18" Corrugated Steel Pipe Riser
LF
--- -- - - --
12
- ----
100.00
1,200.00
- - --
84A
-- - - -- --
703222
-- ------------------ ----- -- - - - - --
24" Corrugated Steel Pipe Riser
- - - - - --
LF
--- - - - - --
10
----- - - -- --
120.00
----- - --- --
1,200.00
- - --
85
-- - - - - --
703230
--------------------------- - - - - --
30" Corrugated Steel Pipe Riser
- - - - - --
LF
--- - - - - --
10
----- - - - - --
160.00
----- - - - - --
1,600.00
-----
- ---
86
- - - - - - --
703247
--------------------------- - - - - --
48" Corrugated Steel Pipe Riser
- - -- - --
LF
-- - - - - - --
8
--- -- - - - - --
500.00
- - -- --
4,000.00
- - --
87
-- -- - - --
719530
--------------------------- - - -- --
Curb Drain
- -- - - --
LF
--- - - - - --
42
-=--- - - - - --
32.00
----- - - -- --
1,344.00
- - --
88
-- - - - - --
665717
-- ------------------------- - - - - --
18" Slotted Drain
- - - - - --
LF
--- - -- - --
1,656
----- - - - - --
70.00
----- -- -- --
115,920.00
- - --
89
-- - - - - --
720107
------------------ ------ --- --- - --
Rock Slp Protect 1/4 Ton Method B
- - - - - --
TON
--- - -- - --
1,006
---- - - - - ---
45.00
----- - - -- --
45,270.00
- - --
90
-- -- - - --
721420
------- -------------------- - - - - --
Concrete (Ditch Lining)
- -- - - --
CY
--- - - - - --
330
----- - - - ---
320.00
----- - - -- --
105,600.00
----
91
-- - - - - --
731501
-- ------------------- --- --- -- - - --
Minor Concrete (Curb)
- - - - - --
CY
--- - - - - --
366
----- - - - - --
220.00
--- -- ---- --
80,520.00
- - --
92
-- - - - - --
731502
---------- ----------------- - - - ---
MedianIs.Stamped Pattern Concrete
- - - - - --
SF
--- - - - - --
48,333
-----------
5.00
-----------
241,665.00
P-6
ITEM
NO
93
94
95
96
_97_
98
-99
100
101
102
103
ITEM
CODE
731504
731516
731517
731521
731523
75001
800360
810110
833088
840506
104 840508
105 840509
106 840509
107 840516
108 840515
109 840656
I10 840657 -A
P
ITEM
Minor Concrete (Curb & Gutter)
Minor Concrete (Driveway & Alley)
---------------------------------
Minor Concrete (Gutter)
---------------------------------
Minor Concrete (Sidewalk)
---------------------------------
Minor Concrete (Wheelchair)
---------------------------------
Misc. Iron and Steel
(Inlet frames and grates)
---------------------------------
Manhole No. 3 (per plans)
---------------------------------
Chain Link Fence (CL -6)
Install Survey Monuments
---------------------------------
Tubular Handrailing (Ret.Walls)
8" Thermoplastic Traffic Stripe
Detail 36 & 38 (Ultimate)
---------------------------------
8" Thermoplastic Traffic Stripe
Detail 37 (Ultimate)
12" Thermoplastic Traffic Stripe
(Ultimate)
---------------------------------
12" Thermoplastic Traffic Stripe
(Stage Const.)
---------------------------------
Thermoplastic Pavement Marking
(Ultimate)
Thermoplastic Pavement Marking
(Stage Const.)
---------------------------------
Paint Traffic Stripe (2 -Coat)
(Stage Const.)
---------------------------------
Paint Traffic Stripe (2 -Coat)
(Ultimate)
UNIT OF
MEASURE
= ~CY - --
CY
CY
CY
CY
EA - --
EA
LF
- -EA-
LF
LF
LF
LF
LF
SF
-
SF
LF
LF
P -7
0
ESTIMATED
QUANTITY
556
161
44
-- -1,234
13,476
4,550
-- 289
6,550
ITEM PRICE
300_00___
300.00
300.00
300.00
300.00
1__ --
.70
1;600.00
----- - - - - --
7.00
200_00 ----
125_00 ----
1.35
- --- -500- -- - - - - -- -i
1.35
- - --
- 3,580 1.65
110
4,080
154
1.65
--- -- - - - - --
4.75
- -- -- - -- - --
4.75
TOTAL
16U8Q0 _QQ
48,300 _00
13 X200 _00 _
370,200.00
14,400 _00
22,909.20
4,800 _00
31,$50.00
2,400 _00 _
36,125 _00
8,842.50
675.00
5,907.00
181.50
19;380.00
731.50
-- ----- - -- - -- ----- - - - - --
68,590
.20 13,718.00
--------- ----- - - -- -- - ---- - - - - --
66,590
.20
113,318.00 I
ITEM
ITEM
UNIT OF
ESTIMATED
NO
CODE
ITEM
MEASURE
QUANTITY
ITEM PRICE
TOTAL
111
840657 -B
Paint Traffic Stripe (2 -Coat)
LF
1,770
(Ultimate) (PDS - 9)
-- -- ------ ---- ----- - - - - --
- - - - - --
--- - - - - --
.20
----- - - -- --
354.00
----- - -----
- ---
112
-- - --- --
840666
-- ---- --
Paint Pavement Marking (2 -Coat)
SF
1,789
(Stage Const.)
- - --
- - - - - --
--- - - - - --
1.25
---- - - -- - --
2,236.25
----- - - - - --
- - --
113
-- - -- - --
840667 -A
---- ----------------------- - -
Paint Pavement Marking (2 -Coat)
EA
12
(Ultimate)
- - - - - --
- - - - --
50.00
-- --- - - - - --
600.00
----- -- - - --
- - --
114
-- - -- ---
840667 -B
---------------- -- --- ------ - - -- --
Paint Pavement Marking (2 -Coat)
SF
---
50
(Ultimate) (PDS - 9)
- - - - - --
- - - - --
1.10
-- --- - - - - --
55.00
----- - -- - --
- - --
115
-- - - - ---
840100
--------------------- ------ -- - - --
Paint Median Curb (Detail B)
EA
---
17
- - --
-- - - - - --
------------------ - - - - --
-
-- - - - - --
- 54.44 -----
8bA_QQ ----
116
850101
Pavement Marker (Non - Reflective)
EA
2,490
(Ultimate)
- --
- -- - - --
--- - - - - --
1.35
-- --- - - - - --
3,361.50
----- -- - ---
- - --
117
- - - - - - --
850102
---- -------------------- --- - - -
Pavement Marker (Reflective)
EA
1,560
(Ultimate)
- - - - ---
- - - - --
2.85
-- --- - - - - --
4,446.00
----- - - - - --
- - --
118
-- - - - - --
850102
-------------- ---------- --- - - - ---
Pavement Marker (Reflective)
EA
---
1,985
(Stage Const.)
- - - - --
- - - - --
2 85
----- - - - - --
5,657.25
----- - - - - --
-- --
119
-- - - - - --
860251
------------------------ --- - - - - --
Signal & Lighting Mod. (Loc. E -1)
-
LS
---
1
- - --
- - - - -- --
------ -- -------- - - - - -- ---- - - - - --
- - - -- --
-
--- - - - - --
44.444 - --
120
860252
Signal & Lighting Mod. (Loc. E -3)
LS
I-
---- - - --
- - -- -
--------------------------- - - - - --
- - - - - --
--- - - - - -�4-�
--
121
- - --
860253 -
- -- - - --
Signal & Lighting Mod. (Loc. E -4)
-- ---- -- --------- --- -- ----- - - - - --
LS
- - - - ---
1
--- - - - - --
31 000 00
---- - -- - --
3�„IQQ_QQ_
122
- - --
860254
- - - - --
Signal & Lighting Mod. (Loc. E -5)
------ -- - -------- - ---- - --- - - - ---
LS
1
123
--- -
860255
- - - - - --
Signal & Lighting Mod. (Loc. E -6)
------ -- ------ -- ----------- - - - - --
LS
- -- - - --
I-
--- - - - - -
6 100 00
-- z-- -_ - - --
6 100_00__
-' ----
124
860256
Signal & Lighting Mod. (Loc. E -7)
LS
1
13,900.00
13,900.00
- - --
125
- ---
-- - - - - --
860257
-- - - - - --
--- ------ ----------- ----- -- - - - - --
Signal & Lighting Mod. (Loc. E -8)
--------- ------------ ------ - - - - --
- - - - ---
LS
- - - - ---
--- - - - - --
1
--- -- - - --
----- - - - - --
56,700.00_
----- - - - - -
---- - - - - ---
56,700.00
---- -- - - ---
126
- - --
860258
-- - - - - --
Signal & Lighting Mod. (Loc. E -9)
--------- ------- ----- - ----- -- -- --
LS
- - - - ---
1
--- - - - - --
1,080.00
----- - - - - --
1,080.00
----- - -- - --
127
----
860259
- - - - - --
Signal & Lighting Mod.(Loc. E -10)
---------------------------------
LS
- -- - - --
1
--- -- -- --
37,300.00
- ---- - - - ---
37,300.00
---- - - - - - --
130
860262
-- -- - - --
Signal & Lighting Mod.(Loc. E -14)
--------------------------- - - - - --
LS
- - - - - --
1
- -- - - - - --
2,800.00
- -- -- - - - - --
2,800.00
- -' -- - -- - --
131
860263
Signal & Lighting Mod.(Loc. E -16)
LS
1
1,250.00
1,250.00
P-8
------------------------------
- - - - --
- - - - -
--
- - - - - - --
ITEM
ITEM
UNIT OF
ESTIMATED
NO
CODE
ITEM
MEASURE
QUANTITY
ITEM PRICE
- TOTAL
132
- - --
860461
-- - - - - --
Interchange Lighting (Loc. E -17)
------- ----- ------------ --- - - - - --
LS
- - - - - --
1
--- -- - - --
16,600.00
---- - - - - - --
16,600.00
-- --- - - - - --
133
- - --
860402
-- - - - - --
Lighting (City St) (Loc. E- 18 -22)
-- ------ ----- --- -------- -- - - - - - --
LS
- - - - - --
1
--- - - - - --
347,850.00
----- - -- - --
347,850.00
-- --- - - - - --
134
- - --
-- - - - - --
Gated Diversion Facility
------ ---------------- ----- - - - - --
LS
- - - - - --
1
- -- - - - - --
11,200.00
---- - - - - ---
11,200.00
-- --- -- ----
135
- --
708507
-- - - - - --
4" ACP Waterline (Class 150)
---- --------------------- -- - - - - --
LF
- - - - - --
100
--- - - - ---
50.00
----- - - - - --
5,000.00
----- - -- ---
-
136
- - --
708505
-- - - - - --
6" ACP Waterline (Class 150)
------ --- ------- ------ --- -- - - - - --
LF
- -- - - --
215
--- -- - - --
38.00
----- - - - - --
8,170.00
-- --- - -- ---
137
- ---
708508
-- - - - ---
8" ACP Waterline (Class 150)
------ ---------- --- -------- - - - - - --
LF
- - - - - --
50
--- -- - ---
72.00
----- - --- --
3,600.00
-- --- -- - ---
138
- - --
708514
-- - - - - --
12" ACP Waterline (Class 150)
------ ---- ------------- ---- - - - - --
LF
- - - - ---
3,750
--- - - - - --
73.00
---- - - - - - --
273,750.00
----- -- - - --
139
- - --
-- - - - - --
12" Dip Waterline (Class 150)
-------------- ----- -------- - - - - --
LF
- - - - ---
50
--- - - - - --
38.00
----- --- ---
1,900.00
----- - -- - --
139A
Relocate 24" Waterline per
EA
1
22,000.00
22,000.00
sheet No. W -4
- - --
140
-- --
-- - - - - --
-- - - - - --
---------------- --- -------- - - - - --
8" RT Butterfly Valve
--- ---------------- ------ -- - - - - --
- - - - ---
EA
- - -- - --
--- - - - - --
1
-- - - - - - --
----- - -- - --
1,500.00
--- -- - - - - --
----- - - - ---
1,500.00
----- -- - ---
141
- ---
-- -- - - --
12" RT Butterfly Valve
--------- ------------ -- ---- - - --
EA
- - --
2
-
2,200.00
----- - - --
4,400.00
-- - - - - --
142
- - --
- - - - - - --
- -
6" FLG X RT Butterfly Valve
------- ---------------- ---- - - - - --
- - -
EA
- - - ----
--- - - - --
1
--- - - - - --
--
1,300.00
----- - - -- --
---
1,300.00
- ---- - -- ---
143
4" FLG X RT Butterfly Valve
EA
1
700.00
700.00
- - --
144
- - --
-- - -- - --
- - - - - - --
--- ---- -- --- --- -------- -- -- - - - - --
2" Air & Vacuum Assy.
----- ----- ---- ------ ------- - - -- --
--- - --7
EA
- - - - - --
--- ------
4
--- - - - - --
----- ---- --
2500.00
---- -- - - - --
- ---- --- - --
10,000.00
----- - - - - --
145
-- --
- - - -- - --
6" FLG Butterfly Valve
----- -------------------- -- - - - - --
EA
--
2
-
700.00
--- - -
1,400.00
--- - ---
146
- - --
-- --- ---
Construct 4" Water Service
------ ------ ---------- ----- - - - - - -
- - - --
EA
--- - - - --
1
-- - ---
3,600.00
-- --
3,600.00
-
147
- - --
-- - - - - --
Construct 2" Water Service
-------- ----- ----------
- - - - - --
EA
--- - - - - --
6
----- - - - - --
2,500.00
--- -- - - - --
15,000.00
148
- - --
--- - - - --
---- - - - - --
False Curb Assy.
----- -- ------ ------ ------ -- - - - - --
- - - - - --
EA
- --- - --
--- - - -- --
8
- -- - - - ---
----- - - - - --
560.00
----- - -- - --
- ---- - - - - --
4,480.00
- ----- - - - ---
149
- - --
- -- - - - --
Steel Casing
------------ -------- ----- -- - - - - --
LF
- - - - - --
110
- -- - - - - --
390.00
----- - -- - --
42 900.00
- --- -- ----
'
150
- - --
- - - - - - --
3" Polyethelene Gas Line
-- ------ ------- ---------- -- -- - ---
LF
- - - - - --
5,000
--- -- - ---
17.00
----- --- - --
85,000.00
-- --- --- - --
151
----
-- ------
4" PVC Gas Line
----- --- ------- ---------- -- - - ----
LF
- - - - - --
170
--- - - ----
27.00
----- - - - - --
4,590.00
----- - - - - --
152
- - --
-- - - - - --
4" Perforated PVC Gas Line
----- --------- -- -- ----- -� - - - - --
LF
- - - - ---
300
--- - - - - --
34.00
-- -- - - - - - --
10,200.00
----- - - - - --
153
--
-- - - - - --
Condensate Traps Gas Line
P (
----- ----- --------------- -- - - - - --
EA
- - - - ---
5
--- - - - - --
1,400.00
----- - - - - --
7,000.00
- ---- - - -- --
154
510109 -A
Class A Concrete(Splash Wall Ftg)
CY
6
500.00
3,000.00
---------------------------------------------------
-- - - - --
---- - - - - --
P-9
ALTERNATE A
TOTAL PRICE ITEMS 1 THROUGH 160
Twelve Million Two Hundred Ten
WRITTEN IN WORDS: Thousand Thirty Seven Dollars
and
Thirty---------- - - - - -- -Cents
P -10
TOTAL
750 00___
1,440.00
3,230.00
63,900.00
103,800 _00
$ 12,210,037.30
ITEM
ITEM
UNIT OF
ESTIMATED
NO
CODE
ITEM
MEASURE
QUANTITY
ITEM PRICE
155
- - --
665114
-- - - - - --
15" Corrugated Steel Pipe
---- ----- ---------- ---- ---- -- - - --
LF
- -- - - --
10
--- -- - - --
75 00 ____I
- - -= --
156
- ---
703216
-- - - - - --
18" Corrugated Steel Pipe Riser
--- ---- ------ --- -- -------- - - - - - --
LF
- - - - - --
12
--- - - -- --
120.00
---- - -- - - --
157
-- --
-- - - - - --
Masonry Splash Wall(8 "x6 "xI6 ")
---- ----- ------ ------- -- --- - -- - --
SF
- - - - - --
190
--- - - -- --
17.00
- ---- - - - - --
158
860264
Signal & Lighting (E -13)
LS
1
63,900.00
- - --
159
-- - - - ---
860265
---------------- -- --- ------ - - - - --
Signal & Lighting (E -23)
- -- - - --
LS
--- - - -- --
1
-- --- - - - - --
103,800.00
-- --
160 --
-- - - - - --
499990 =-
- ---- - - - - ------ -- - - --- -- - - - - - - --
Mobi7 =zation----- ------ - - - - -- ------
-- - - --
LS----=----=-
-- - - -- - --
1----
-1 000 000
L - = -1 -- _.,
ALTERNATE A
TOTAL PRICE ITEMS 1 THROUGH 160
Twelve Million Two Hundred Ten
WRITTEN IN WORDS: Thousand Thirty Seven Dollars
and
Thirty---------- - - - - -- -Cents
P -10
TOTAL
750 00___
1,440.00
3,230.00
63,900.00
103,800 _00
$ 12,210,037.30
TOTAL PRICE ITEMS 1 THROUGH 166
Eleven Million Nine Hundred Eighty Seven
WRITTEN IN WORDS: Six Hundred Three Dollars
and
Thirty--------- - - - - -- -Cents
$ 11,987,603.30
Silveri & LeBouef JV
Bidder
DATE: June 8, 1989 s /Jerry LeBouef, Partner
Authorized Signature /Title
714- 680 -4995 1229 N. Olive Street, Anaheim, CA 92801
Bidder's Telephone Number Bidder's Address
484181 A
Contractor's License No.
1229 N. Olive Street, Anaheim, CA 92801
Contractor's Address
714- 680 -4995
PCH23627 Contractor's Telephone Number
P -11
______________________________________________________
_______________________________
IINDMI
CODE
I ITEM
IMEASUREIQUANTITYDIITEM
PRICE I
TOTAL
161
- - --
510109
-- - - - - --
------------------------------------------------
Delete Item No. 52
-- ----------- -- --- -- --- --- - ---- --
CY
- - - - - --
1,464
--- - - - - --
( 190.00 )
----- - - - - --
( 278,160.
- ---- - - - - --
162
- - --
518002
-- - - - - --
Delete Item No. 56D
--- ---------------- -------- - - -- --
SF
- - - - - --
29,770
- -- - - - - --
( 15.00 )
- ---- - - - ---
( 446,550.
- -- --- - - - --
163
510109
Class A Concrete (Footing) except
CY
932
Sound Wall Type DA
- - --
- - -
- - - - --
148.00
--- -- - - - - --
137,936.0
----- - - - - --
-- --
164
-- - - - - --
510109
----------- ------- -- -- ---- - - -
Class A Concrete (Footing) Sound
- - --
CY
---
200
Wall Type DA
148.00
29,600.00
- - --
165
-- - - - - --
490601
-- -------- ------- ------ --- - - - - - --
Cast -In -Place Concrete Piles for
- - - - - --
LF
--- - -- - --
3,520
- ---- - - - - --
----- -- - - --
Sound Wall Type DA
22.00
77,440.00
-- --
166
-- - - - - --
518002
------- -------------- ------ - - - - --
Masonry Sound Wall Type DA
-
SF
25,730
(Excludes Footing)
10.00
257,300.0
ALTERNATE B
------- - - - - -- ---- --- - - -
- --
---- - - - - --
- - - - - --
TOTAL PRICE ITEMS 1 THROUGH 166
Eleven Million Nine Hundred Eighty Seven
WRITTEN IN WORDS: Six Hundred Three Dollars
and
Thirty--------- - - - - -- -Cents
$ 11,987,603.30
Silveri & LeBouef JV
Bidder
DATE: June 8, 1989 s /Jerry LeBouef, Partner
Authorized Signature /Title
714- 680 -4995 1229 N. Olive Street, Anaheim, CA 92801
Bidder's Telephone Number Bidder's Address
484181 A
Contractor's License No.
1229 N. Olive Street, Anaheim, CA 92801
Contractor's Address
714- 680 -4995
PCH23627 Contractor's Telephone Number
P -11
CITY OF NEWPORT BEACH
PACIFIC COAST HIGHWAY WIDENING
CONTRACT NO. C -2591
ADDENDUM NO.
NOTICE TO BIDDERS:
Bidders shall propose to complete Contract No. C -2591 in accordance with the Plans,
Proposal, Contract Documents and Special Provisions as modified by this ADDENDUM
NO. 2.
Bids for this project are to be opened on June 8, 1989.
The following changes are hereby made to the Plans, Proposal, Contract Documents and
Special Provisions:
1. Plans
Delete Construction Note 5 on Sheets U -1 & U -2 adjacent to Sound Wall VII.
Sidewalk to be removed and replaced as necessary to construct sound wall. Cost
of sidewalk removal and replacement to be included in the unit price bid for the
sound wall and no additional compensation will be allowed therefor.
Execute and date this ADDENDUM NO. 2 and attach it to your bid proposal. No bid
proposal will be accepted without ADDENDUM NO. 2 being executed and attached
thereto.
e
Donald C. Simpson
Project Manager
DCS:dw
I have carefully examined ADDENDUM NO. 2 and hereby consent to it being made a part
of our proposal.
Date: June 7, 1989 Silveri & LeBouef JV
(Bidder's Name)
Telephone No.: 714- 680 -4995 s /Jerry LeBouef, Partner
(Authorized Signature)
Bidders Address:
1229 N. Olive Street
Anaheim, CA 92801
CITY OF NEWPORT BEACH
PACIFIC COAST HIGHWAY WIDENING
CONTRACT NO. C -2591
ADDENDUM NO. 3
NOTICE TO BIDDERS:
Bidders shall propose to complete Contract No. C -2591 in accordance with the Plans,
Proposal, Contract Documents and Special Provisions as modified by this ADDENDUM
NO. 3.
Bids for this project are to be opened on June 8, 1989.
The following changes are hereby made to the Plans, Proposal, Contract Documents and
Special Provisions:
1. Special Provisions
Revise 3.F of Addendum No. 1 to read as follows: The unit price bid for minor
concrete Ecurb- &- gutter) (curb), bid item No. 91, shall include full compensa-
tion for constructing the new concrete mow strip and concrete curb adjacent to
sound walls I, III, IV, V, VIII & IX.
Execute and date this ADDENDUM NO. 3 and attach it to your bid proposal. No bid
proposal will be accepted without ADDENDUM NO. 3 being executed and attached
thereto.
Donald C. Simpson
Project Manager
DCS:dw
I have carefully examined ADDENDUM NO. 3 and hereby consent to it being made a part
of our proposal.
Date: June 7, 1989
Telephone No.: 714 - 680 -4995
Bidders Address:
1229 N. Olive Street
Anaheim, CA 92801
Silveri & LeBouef JV_
(Bidder's Name)
s /Jerry LeBouef JV
(Authorized Signature)
September 11, 1989
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3311
Department of Transportation
District 12
2501 Pullman Street
Santa Ana, CA 92705
Attention: Mr Larry Kellerman
Subject: Pacific Coast Highway Widening
State Contract No. 023764
CONTRACT CHANGE ORDER NO. 1
Dear Larry:
Enclosed is a copy of Contract Change Order No. 1 for your concurrence. This Change Order
deletes in its entirety Bid Item No. 44A, Erosion Control (Type D).
During the review of the bids, it was discovered that Silveri & Le Bouef quoted a unit price of
$75.00 /SY for item 44A, Erosion Control, while Griffith Company quoted $.60 /SY and Maya
Construction quoted $1.00 /SY. This was an obvious error by Silveri & Le Bouef. Regardless of
this error, Silveri & Le Bouef was the low bidder and the contract was awarded to them on August
14, 1989.
Due to the high unit price for erosion control, the City decided to delete this bid item. Prior to the
award, Silveri & Le Bouef was informed that the City would delete this item and they had no
objections.
If you have any questions concerning this Change Order please call me.
Very truly yours,
CITY OF NEWPORT BEACH
gory Pngineer t
e iden
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
CONTRACT CHANGE ORDER
0
PROJECT TITLE: PCH Widening - Newport Blvd. to Highland St.
NEWPORT BEACH PROJECT NO.: C -2591 STATE CONTRACT NO.: 023764 CHANGE ORDER NO.: 1
CONTRACTOR: Silveri Le Bouef JV PAGE 1 OF 1
CHANGE REQUESTED BY: City of Newport Beach CO TYPE: L.S.
DESCRIPTION: Delete Bid Item 44A, Erosion Control
The following changes are hereby Incorporated Into the project plans and specifications:
This Change Order deletes in its entirety Bid Item No. 44A, Erosion Control INCREASE DECREASE
(Type D).
Eroson Control (Type D) 9,600 SY @ $75.00 /SY = $720,000.00 Credit $0.00
This sum constitutes full compensation, including markups, for the item deleted
by this change order.
CHANGE IN CONTRACT TIME -0- Working Days
NET CHANGE: ($720,000.00)
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this
is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and
perform all services necessary for the above specified work, and will accept as full payment therefor the prices
shown above.
ACCEPTED, DATE: CONTRACTOR: SILVERI & LE BOUEF - JV
BY: TITLE:
CALTRANS CONCURRENCE:
APPROVAL
RECOMMENDED:
RESIDENT ENGWER
DATE:
DATE:
APPROVED: DATE:
CITY OF NEWPORT BEACH
s
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
August 25, 1989
TO: Shawna Oyler
FROM: Robin Flory, Assistant City Attorney
RE: Contract #C -2591 Widening of PCH
I have reviewed the C -2591 contract docuT
as to form. My only comments are: 1.
endorsements for auto insurance have not
policy number; 2. the policies expire on
completion date per the contract should be
3. the contract date is not filled in yet.
RF /mll
attachments
C]
Tents and approved them
The certificates and
yet been assigned a
8/14/90, the expected
before that date; and
Robin Flory
Assistant City Attorney
RUG -28 -1989 10:28 FROM JAMES P. REID, ESQ
•
August 28, 1989
TO
SAW ORFICES OF
JAMES P. REID
6u ANTON •OULCVAUO, SVITC 720
COSTA MESA, CALIFORNIA 92626
vial 754-0655
Robin Flory, Esq.
Assistant City Attorney
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA
Re: Silveri /LeBouef JV
Dear Ms. Flory:
F- 1
L.J
VIA FAX and
Regular Mail
6443339 P.01
This letter is to confirm our telephone our telephone
conversation of August 28, 1989.
nff.�fY�O 't
Cf7Y Aft,�AArCY
A 7989
C11 y OF
Nfl1'POp;l REICH, <
CAC1F. ,�S
I have represented the Silveri /LeBouef JV, a joint venture
of Silveri Construction Co., and The LeBouef Company, Inc.,
since its formation in 1985. I am familiar with the joint
venture agreement and the working relationship between Ed
Silveri and Jerry LeBouef. I can represent to you, without
hesitation, that Jerry LeBouef is authorized to sign
construction contracts on behalf of the Silveri /LeBouef JV.
As I explained to you, Mr. Silveri recently underwent
surgery and will be hospitalized in Los Angeles for another
week or two. Prior to entering the hospital, Mr. Silveri
resigned as the director of Silveri Construction Company
and, as its sole shareholder, appointed Jerry LeBouef its
sole director. In essence, during Mr. Silveri's recuper-
ation, Mr. LeBouef is the sole director of both his own
corporation and Mr. Silveri's.
I trust that this will satisfy any concerns that you might
have. 'If you need any further information, please call me.
Sincerely,
Law Offices of P id
James P. Reid
Attorney at Law
JPR /is
cc: Silveri / LeBouef JV
w \clients \silv&leb \jv \cxflory
TOTAL P.01
L
V;.
SUPPLEMENTAL AGREEMENT
FOR EXTENSION OF AWARD OF CONTRACT
FOR THE PACIFIC COAST HIGHWAY WIDENING PROJECT
CONTRACT NO. 2591
THIS AGREEMENT is made and entered into this 7th day of
July , 1989, by and between the CITY OF NEWPORT BEACH, a
municipal corporation (hereinafter "CITY ") and the firm of SILVERI & LEBOUEFF
J.V., a Partnership (hereinafter referred to as "CONTRACTOR ").
W I T N E S S E T H
WHEREAS, the City Council of the City of Newport Beach on May 11, 12,
1989, advertised for bids for the widening of Pacific Coast Highway between
Newport Boulevard and Highland Street, hereinafter referred to as "PROJECT "; and
WHEREAS, sealed bids were opened on June 8, 1989, by the City Clerk of
the City of Newport Beach; and
WHEREAS, CONTRACTOR was the apparent low bidder for Alternate B for
construction of the PROJECT with a bid of $12,807,633.30, an amount in excess
of the Engineer's Estimate and project funding by 21 %; and
WHEREAS, CITY, being desirous of completing said PROJECT is seeking
additional project funding from the California Transportation Commission; and
WHEREAS, securing a commitment for the additional funding being sought
will exceed the time allowed to award a contract provided for in the Project
Specifications and said additional time is not a circumstance attributable to
unreasonable delay, or fault of CITY or the CONTRACTOR; and
WHEREAS, both parties are desirous of entering into a contract to
complete the PROJECT and propose to extend the time for "Award and Execution of
the Contract" without modification to any contractural provision relative to the
duties to be performed by CONTRACTOR or the compensation to be paid by CITY; and
WHEREAS, both parties agree to such a proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
agree as follows:
1 of 2
I. GENERAL
A. Section 3 -1.01 of the Project's Standard Specifications titled
"AWARD OF CONTRACT" shall be modified to extend the award of contract time an
additional 30 calendar days from a period of sixty (60) calendar days to a
period of ninety (90) calendar days.
B. Except as modified herein, all terms and conditions of the
Contract Standard Specifications, the Special Provisions, the Project Drawings,
and the Contract Documents shall remain in full force and effect, and any
promise or representation not set forth in this Agreement shall be void and of
no effect.
II. DUTIES OF CITY
A. CITY shall award the contract to CONTRACTOR on or before the
end of the specified time for award, provided the required additional project
funding has been secured by CITY.
III. DUTIES OF CONTRACTOR
A. CONTRACTOR agrees to honor his Bid Proposal as submitted
June 8, 1989, and to honor all conditions of the Contract Documents, the Project
Specifications, the Special Provisions and the Project Drawings.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed on the day and year first above written.
ED AS TO FORM:
CITY OF NEWPORT BEACH,
a Municipal Corporation
By
Mayor pro -tem
(_E 80veF
SILVER= JV
By
Title
ney
Addresses and Telephones:
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
(714) 644 -3311
(..E Boi.IEF
Silveri & JV
General Engineering Contractors
1229 North Olive Street
Anaheim, California 92801
(714) 680 -4995
I
•
•
•
9
TO: CITY COUNCIL
FROM: Public Works Department
gpril 24, 1989
CITY COUNCIL AGENDA
JY ;P- .'TY COUNf iEM N0. F -13
CITY )i :,LNPORT 3EACI
APR 2 4 1989
APPROVED _
SUBJECT: PACIFIC COAST HIGHWAY WIDENING FROM NEWPORT BOULEVARD TO
HIGHLAND STREET - CONTRACT NO. 2591
RECOMMENDATIONS:
1. Approve plans and specifications for Contract No. 2591.
2. Authorize the City Clerk to advertise for bids upon receipt of
approval from Caltrans.
DISCUSSION:
This project, the widening of Pacific Coast Highway between Newport
Boulevard and Highland Street is a cooperative project with Caltrans and
includes the following:
1. Widen to 6 -lane for entire length.
2. Construct a 4th lane on the northerly side between the Newport
Boulevard off -ramp and Superior Avenue.
3. Construct a raised landscaped median for the entire project
length.
4. Construct sound walls adjacent to the West Newport Park, Lido
Sands, Balboa Coves and several residential properties on the
northerly side of the Highway in West Newport.
5. Install a traffic signal at the Balboa Coves entrance and the
entrance to the Hoag Hospital Cancer Center.
6. Install a traffic signal in the northwesterly quadrant of the
Pacific Coast Highway - Newport Boulevard interchange. The ramp
for the current southbound Newport Boulevard to eastbound Pacific
Coast Highway traffic will be closed and this traffic will use the
new signalized intersection.
7. Install a street lighting system for the entire length of the
project.
8. Install a 12" waterline between 57th Street and the existing 12"
line westerly of the Balboa Coves entrance.
9. Construct a box culvert to accommodate drainage that presently
flows in the open ditch between Superior Avenue and Semeniuk
slough.
Subject: Pacific Co* Highway Widening from Newport Olevard to Highland
Street - (C -2591)
April 24, 1989
Page 2
• The estimated cost of the project is $10,274,024. This cost will be
funded as follows:
1. Caltrans $ 7,695,441
2. City 1,826,650
3. Hoag Hospital 751,933
TOTAL $10,274,024
Contract administration and inspection will be performed by the City
with contract employees retained for this purpose. Caltrans and Hoag Hospital
will reimburse the City for their proportional share of these costs.
The Cooperative Agreement with Caltrans does not permit the City to
advertise for bids until receipt of approval by Caltrans. This approval is
expected by April 29th. It is expected that Caltrans approval will be received
in time to permit bids to be opened on June 1st and award of contract to be con-
sidered at the June 12th Council meeting. If a contract is awarded in June, the
project's scheduled completion date is December 1990, a construction period of
18 months.
• The construction of this project has been coordinated with several
other projects. The Sanitation District is completing the replacement of the
two force mains between Newport Boulevard and Bitter Point. Underground Utility
District No. 11 is nearing completion. This project includes removal of all
utility poles along Pacific Coast Highway between Newport Boulevard and the
Santa Ana River. All of the underground conduits have been installed and the
pole removal will begin soon. The plans for the widening of Pacific Coast
Highway between Highland Street and Brookhurst Street in Huntington Beach,
including the construction of a new bridge across the Santa Ana River, have been
completed. Caltrans will advertise the project in June with construction
planned to start in August. Because of impacts on the Least Tern nesting area,
the new bridge will require two seasons to complete. The project will probably
be completed in the fall of 1991.
The overlap between the two widening projects has been coordinated so
that any adverse traffic impacts will be minimized. At the request of the
property owners, construction adjacent to the commercial properties in West
Newport will not be permitted between June 15th and Labor Day.
�� 2)�Z
• Benjamin B. Nolan
Public Works Director
DCS:so
Au,hon¢ed to Publish Adverlisaments of all kmo 'mdudmg public
not,cos by Decuee of the Superior Court of Orange County,
Caldornia. Number A -6214, dated 29 Seplember. 1961. and
A- 24631. dated 11 June. 1963.
STATE OF CALIFORNIA
County of Orange Pv. "... -01. -Wv 1.. w
ey mn �mn�vn n tw n 1 pdnl
.,,n t0 p�c4 cok,rnn �WIr,
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 general circulation,
printed and published in the City of Costa Mesa,
County of Orange. State of California, and that a
Notice of Tnvitinq 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 2 times
consecutive weeks to wit the issue(s) of
198 9
April 12 , 198 9
198—
198—
198_
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on Al2ri1 1 2 198 9
at Costa Mesa, California.
Signature
NOTICE
INVITING BIDS
Sealed bids may be re-
calved at the office of the
'City Clerk, 3300 Newport
Boulevard, P. O. Box 1768,
Newport Beach, CA
92658.8915 until 2:00 p.m.
on the 8th day of June, 1989,
at which tlmasuch bids.shall
be opened and read for
PACIFIC COAST HIGW
WAY WIDENING
CONTRACT NO. C -2581.
ENGINEERtS ESTIMATE:
89,800,000
Approved by the City
Council this 24th day of
April, 1989.
WANDA E. RAGGIO, City
Clerk
Prospective bidders may
obtain one set of bid docu-
ments at the office of the
Public Works Department,
Dan
Deily Pilot May 11,
PROOF OF PUDLICATION
l� �14�
V
...!/