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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 Q\ y )~ ,2§ \ \}} /\ Q. \ � ® 7 0 7«§ § m§ 2 7 \§ \ 7 [k2 � �z0 2)$2Lml tdm \}m\ \ \ \� §}] � [m42�} - _) /] j} .. m }Er ;& } \r cr cr / ��0 ƒ§$® . \£ {(k o0 _ - � )J\. . .2, 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 V' ✓4 n , . J 99, 1 ir z w > W n (D w 0 G N- S o n r- rr 0 0 0 H k Ft z '.7 P. 0 rt £rt in wQ mro z moroom wn PL) mE 0 rr < d O �3' wwo mrrn rt N rr (D rr C] C D �a mm rr w N .7 01 rn 0 Z N O U y cn m m O rn A D n z z S n x m T 0 D O z � D p p 0 (n N P m � a f _ 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. r-+ W H a W U w U Z Q z Z C? h• 4 N z w a +o M Ix W Y K 3 a v L C N a o ro 0 o r O i U >10 u U 4- i •�- V m O A •'- .G X ..1 R•�-r O c,x V C L O • O O a R N V O O me C7 N t7 D 4 •r G a r N O + G Cv U•rY G L a R R a in a +� a a L w a a Cl) O O 10 4 c 0 O Y N 7 U C L Ol .r 7�+> R •r N a r u > CL a OE v-E i w c o E a o 0 T•r N V A > 0 +� > N •r L a G N O 4 a •r o v Q) o > a i E 0.0 a O i L O U d N R O G 3 a- a o R L N G • U N w U R E U a > R >[ t Y r s. r+Oc �-+ .G O •r i O C4 w z N 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 ar COMPanY > =4m2 /e! ul C: D P) pil 0 rr x rt 9 \� : §:� \ / tl \ \ \ \ dD 0 \ \. Z7 r-h 0 / \ \�\ WJ n jF 70 § 4 O ffi �.rA c c H 3` ?ic O 3 •fDFmn D L7 a c 1, ui I> g� � E; o m a' w Io w vi 4 S � m x D I w ° ❑ C, � �� I 0 c I fl' n 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 30',1315 /82l Til!e Company 4r r P. z 03 3 rt 3� IJ' H Fv 3 ET Pi a z (D 'FS Fl rt 10 7 :E P. G m a , !(D c i rD L4 4r ID m 0 > En C: irt 0 0, C4 i m : tl r ID m 0 > En C: irt 0 0, C4 i m : tl I • • 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 \ > « § } \ -2 7 flail; .. m � ¥ I ® ^*\ a3 § ; {!/2 ƒ� [�® e (\ C: . :_� \ R / ; &% S. \( } _ - := 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, r-y± lr B .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 N O O N U n a' Z 0 Z N N C 01 N N U C 7 N L_ N E > o N pf C ww �z m uz_az � O N O O U � Z T U O x J 0 d w E r E- a t ) O~ O N 2 w ° O O N n C d u d W ii F -O NU O y n N o ! _ H irn� Na N� 00, O) y +u .al. d. W G ,4 n m _ C4 OI N! I a r En E m N4 I ! y b O J I ull O~ O N 2 w ° O O N n C d u d W ii F -O NU O y n N o ! _ 6uedwo0 apiy ueopawy lsji j (diysiauPud) (M9) EOOE z 0 H Z • c 0 n 1- IL I I 4- i IO) NY lco In N m >�Mo� N > I d I J •� Q � oa O m N i Z > j v! J i ^-1'11 01 s .--p N ,O i �1 N C s- - IQ i 1 1 N L �. L v � C Q C Z c C ..w L Q7 r•+ c O u. N ti i Y v i Y N V C 0 0� 8 .qj- ICJ h- b^y� ✓ol. J Y L- C C v C CI Page ti 0, N m B L V L J C1 Q eo H V7 C �h H 4 ~ a r vl F I 1 1O � Irn u x > 01 !� v u v tD ! N of ly N t{r � � o v 0 0 IU UY 4I i I wo 01 M� ( OI .O 1 i I� C I L U � C ro XI X I XI Xi I t I I I oI o a S- I I 1r ;II i i O ro rn I i t 11 hi-I � l ro ro 1 I u3 0 � i !��JI�Ia ► � ! I ! I ! I I 1 ! ! 1 1 1 ! c I ! o I C .0 IQ �! O d I I ! I 1 I Iiil!I , '� Page ti 0, N m B L V L J C1 Q eo H V7 C �h H 4 ~ a r EJ c p� F 1, U) L C z E0 RZ z H ca F� 0 vl F I 1O u x > 01 LIV u v tD N of ly N t{r � � IU UY 4I i I wo C I L U � C ro t EJ c p� F 1, U) L C z E0 RZ z H ca F� 0 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 v TOTAL Z s J v 0 R 0 SIEE SHEET SIrV& -5W /Z FOR TOP OF WALL ELL: VAT /ON �_, R Nm 00 X11 • • • In r � =8'O,C CO2NElz PILES LgPIL.AST5RS PLA1.1- PILE 5PACIA16 NALL #H" PA -1 10-0 " $71Z G° N 0 Q W h 0 ' W � o0i N � IrIZOO IAIG SEE SPECS. DA -4 v n1MN Q R Nm 00 X11 • • • In r � =8'O,C CO2NElz PILES LgPIL.AST5RS PLA1.1- PILE 5PACIA16 NALL #H" PA -1 10-0 " $71Z G° DA- 3 /O' - -O"eO /0' - -G" DA -4 NOTE SEE TYPICAL SECTION NALL "D" (5W18) FOR D2AlN, CAP �/Z /GK A/Vp NOTES, CAP e* K B "xG "KIG" SLUMP 6LOGK �G2oar cELLs @ 24 "O. G. ( TO OzApr —) ---�# 4 @ 30" IN 6OND BEAM UNIT #S @24" GENTEREOCTYP) EXTEND TO BOT, OF 0,2. BEAM 4t END W /STD. HOOK A WALL DA -4. /Z --t'4 IN BOND BEAM LIMIT (4 TOTAL) //Z "x G "x IG'� SL UMP 6LG�K et4 /G" U -- l' G „" /'•G "GP<10E BEAM PE.2 DET4 /L BELOW 0 N '- -!NOTE "o" SW /B) 16"oCIDHPIPE W /6 -4k.(S (HOOKED) BA,e5 ,0 W 3.5 SPIRAL S�CTIOh! @6 // P /TCH 3 -.+4 TOP CONT/NI/OLIS N TERM /NATE W/s rD Hook G ORNERS I El F#3 ST/IZ2UPS @Co" 3 - 04 BT- O 60,MNL/DUS TL'RMINATE PV157Z7PC0K Ic CORIJERS I `1�ibe rBeir�, llME%TAL EN NNERS OFE SSVIONPe ENV IROHx ENTA y ENGINEERS R II.ANxE RS umn Ox oPaR � vme CwU�MNiw nry �`� SOL/ND NALL DETAIL S - WALLS DA/- D-4 4 15W /8A 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 ...!/