HomeMy WebLinkAboutC-2641(A) - Irvine Avenue at Santiago Drive Intersection Improvements & Irvine Avenue Rehabilitation between 16th Street & Santiago DriveUY THE CITY COUNCIL
CITY OF NEWPORT EEACH
MAY 1 1 1992
• To: City Council
• om)
May 11, 1992
CITY COUNCIL AGENDA
ITEM NO. D -5
FROM: a"N► er and Membe th City it} rminr i1 7. 0.
i
SUBJECT: CONSTRUCTION OF CURBS, GUTTERS AND DRIVEWAY APPROACH
ALONG SANTIAGO DRIVE BETWEEN IRVINE AVENUE AND TUSTIN
AVENUE (C -2641)
1. Hold a public hearing on the Notices of Cost.
2. After closing the public hearing, confirm the
assessments.
3. Allow the property owners three years to pay their
assessments with an interest rate of 8% per annum
on the unpaid balance.
• DISCUSSION:
On March 28 ,1988, the City Council directed staff to
use the procedure of Chapter 27 of the Improvement Act of 1911 to
construct curbs, gutters and driveway approach along Santiago
Drive between Irvine Avenue and Tustin Avenue. The locations of
the improvements are shown on the attached sketch.
The recommended public hearing is Step No. 4 in the
following brief description of the procedure:
1. The City Council orders the owners of property to
construct improvements adjacent to their
properties and sets a time and place for a public
hearing on the "Notice to Construct".
2. After the close of the public hearing on the
"Notice to Construct," if the property owners do
not complete the improvements within 60 days after
the date of the notice, the City acquires
jurisdiction to construct the improvements at the
• expense of the owners of the property.
3. The improvements are constructed using money
advanced from the Street and Alley Maintenance
Program.
4. The assessments are spread, and another hearing is
held on the cost of the improvements.
Subject: Construction of Curbs, Gutters and Driveway Approach
along Santiago Drive between Irvine Avenue and Tustin
Avenue (C -2641)
•
May li, 1992
Page 2
S. After the confirmation of the assessments by the
City Council and the close of the public hearing,
property owners have 5 days to pay their
assessments in cash. The City Council may, in its
discretion, allow the cost of improvements to be
paid for over a period of years at a rate of
interest established by the City Council. A lien
will then be placed on any property for which the
assessments have not been paid, or for which the
owners have not entered into an agreement to pay
over a period of time. Agreements will be
recorded and will constitute liens upon the
properties. The payments are collected by the
Finance Department.
The costs to the property owners are as follows:
• covet. Covet. cost
Address Improvements cost Plus 208
1. 2001 Irvine Avenue 117 L.F. curb & gutter $1,572.48 $1,886.98
2. 2019 Irvine Avenue` drive approach $1,015.50 $1,218.60
3. 2301 Santiago Drive 132 L.F. curb & gutter $1,774.08 $2,128.90
The 20% surcharges are to provide reimbursement to the
City for engineering, management and contract administration
costs.
The Finance Director recommends that the property owner
be given three years to pay at an annual rate of interest of 8%
per annum on the unpaid balance, with interest starting 31 days
after the confirmation of the assessments by the City Council.
Benjamin B. Nolan
• Public Works Director
LD:so
0
Curbs, Cutters, ;o Drive Approoncb - wolleS;rntingo Drive
I .
1 between Irvine Avenue and Tustin Avenue
j (C -2641)
(D PARCEL 426 - 111 -12
k .TUSTIN Q
MARILYN L. WALKER
2001 IRVINE AVENUE
7f7771;0. _ NEWPORT BEACH, CA C /TY BO
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GEORGE SKAUG
N i 1224 PHILLIPP STREET
SAN FERNANDO, CA
a �
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� _ p — ` NEWPORT BEACH, CA
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BY THE CITY
• TO: City Council
FROM: Public Works Department
- yL
April 13, 1992
CITY COUNCIL AGENDA
ITEM NO. F -10(a)
a
SUBJECT: CONSTRUCTION OF CURBS, GUTTERS AND DRIVEWAY APPROACH
ALONG SANTIAGO DRIVE BETWEEN IRVINE AVENUE AND TUSTIN
AVENUE (C -2641)
RECOMMENDATION:
Schedule a public hearing for 7:00 p.m. on May 11,
1992, on the "Notice of Cost" for the construction of
curbs, gutters and driveway approach along Santiago
Drive under the procedure of Chapter 27 of the
Improvement Act of 1911.
DISCUSSION:
On March 28, 1988, the City Council directed Staff to
• use the procedure of Chapter 27 of Improvement Act of 1911 to
construct curb, gutters and driveway approach along Santiago
Drive between Irvine Avenue and Tustin Avenue.
The recommended public hearing is Step No. 4 in the
following brief description of the procedure:
1. The City orders the owners of property to
construct improvements adjacent to their
properties, and sets a date for a public hearing
on the "Notice to Construct ".
2. After the close of public hearing on the "Notice
to Construct ", if the property owners do not
complete the improvements within 60 days after the
date of the notice, the City acquires jurisdiction
to construct the improvements at the expense of
the owners of the property.
3. The improvements are constructed using money
advanced from the Street and Alley Maintenance
• programs.
4. The assessments are spread, and another public
hearing is held on the cost of the improvements.
Subject: Construction of Curbs, Gutters and Driveway Approach
along Santiago Drive between Irvine Avenue and Tustin
Avenue
•April 13, 1992
Page 2
5. After the confirmation of the assessments by the
City Council and the close of the public hearing,
property owners have 5 days to pay their
assessments in cash. The City Council may, in its
discretion, allow the cost of improvements to be
paid for over a period of years at a rate of
interest established by the City Council subject
to execution of an agreement to repay. A lien
will be place on any property for which the
assessments have not been paid, or for which the
owners have not entered into an agreement to
repay. The agreement will be recorded and will
constitute a lien on the property. Payments are
collected by the Finance Department.
The estimated costs at the time of the "Notice to
Construct" and the final costs are as follows:
a4t�, �9 9
Benjamin B. Nolan
Public Works Director
LD:so
Estimated
Final
•
Property
Immprovements
Costs
Cost
2001
Irvine Avenue
117 lf.
curb & gutter
$2,880
$1,572
2019
Irvine Avenue
driveway approach
1,800
1,015
2301
Santiago Drive
132 lf.
curb & gutter
3,160
1,774
2421
Santiago Drive
75 lf,
curb & gutter
1,800
1,008
a4t�, �9 9
Benjamin B. Nolan
Public Works Director
LD:so
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned,
does hereby release from the effect of that certain Stop Notice or Notice to Withhold filed in the Office of the
CITY OF NEWPORT BEACH
on 04/01/92
against EXCALIBUR PAVING
as General Contractor, on job known as IRVINE AVENUE & SANTIAGO DRIVE NEWPORT BEACH,
CALIFORNIA.
in the amount of $ 17,085.02
DATED: 5/28/92
FIRM PA MENT RECYCLING SYSTEMS INC.
BY ia"4' au,--
R v ELDER, VICE PRESIDENT
BY
CONTRACTORS LICENSE NO. 569352A
STATE OF CALIFORNIA
)SS.
COUNTY OF RIVERSIDE
�aycm'l0 cN
KE�p A�gfA
On 5/28/92 before me, S. MILBURN
personally appeared RAY ELDER, VICE PRESIDENT , personally known to
me OXXIWMVatk) nxmxxxmKAkixx6t xotxisafttacMptxwid=aX to be the persona whose
name"�are
subscribed to the within instrument
and acknowledged to me that( she/
they executed
the same in hi er/their authorized
capacity(), and that by Q'1 her /their
signature(ed on
the instrument the person(20, or the entity upon behalf of which the perso_ ( ,
acted, executed the instrument.
`
WITNESS my
hand and official seal.
E m = >"
OFFICOX SEAL
S. MILBURN
Cl J1
Notary
Pull *C.0ft"40 _
Ci u� '7
57 May 12, SAN BONAWM COLM
MY (signature)
Form prodded WHEATLEY SCOTT OSAKI & JOVANOVICH 2600 E. Nutwood Ave.. Suite 101. Fullerton. CA 92631
coudwy or: Construction Law 1- 714- 992 -6300 or 1 -600 -422 -2090
yo-V
May 8, 1992
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3005
Excalibur Contracting, Inc.
2760 S. Harbor Blvd., #F
1 Santa Ana, CA 92704
Subject: Surety: Indemnity Company of California
Bonds No.: 223513P
Contract No.: C -2641
Project: Irvine Avenue at Santiago Drive
Intersection Improvements, and Irvine
Avenue Rehabilitation between 16th Street
and Santiago Drive
The City Council of Newport Beach on April 13, 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 April 23,
1992, Reference No. 92- 265859.
Sincerely,
Wanda E. Raggio�� Y% l
City Clerk
WER:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk /�?. '20v.
city ofwNNe ort Beach
Newport Beach, CA Boulevard
92- 205859 40
RECORDED IN OFFICIAL REOORDS
OF ORANGE COUNTY, CALIFORNIA
4:00
P.M. APR 2 31992
va Q•` Recorder
"Exempt from
to Governmer
NOTICE OF COMPLETION
Add. $
pq@
Lien IN! $
@`9
Other $
MAY 6 1992
CM CLERK
ITY NEWPORT OF
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 33b0 Newport
Boulevard, Newport Beach, California, 92663, as Owner, and
Excalibur Contracting, Inc., 2760 S. Harbor Blvd., #F, Santa Ana, CA 92704 as
Contractor, entered into a Contract on July 26, 1991
Said Contract set forth certain improvements, as follows:
Irvine Avenue at Santiago Drive Intersection Improvements, and Irvine Avenue
Rehabilitation between 16th Street and Santiago Drive (C -2641)
Work on said Contract was completed on November 26, 1991
and was found to be acceptable on April 13, 1992
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Indemnity Company of
CA 91786
BY a�, e
�y
ul bila oForKs Director
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and
correct to the bes,tg oaf my knowledge.
Executed on G� �� / Cl%Y at
IV
Newport Beach, California.
BY
47"W. i y er c
.A
�esr
•
TO:
FROM:
SUBJECT:
L
•
City Council
Public Works Department
April 13, 1992
CITY COUNCIL AGENDA
ITEM NO. F -11
ACCEPTANCE OF IRVINE AVENUE AT SANTIAGO DRIVE
INTERSECTION IMPROVEMENTS AND IRVINE AVENUE
REHABILITATION BETWEEN 16TH STREET AND SANTIAGO DRIVE
(C -2641)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of
Completion.
3. Authorize the City Clerk to release the bonds 35 days
after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code.
DISCUSSION:
The contract for the construction of the subject
project has been completed to the satisfaction of the Public
Works Department.
The bid price was $632,402.70
Amount of unit price items constructed 633,083.04
Amount of change orders 37,482.46
Total contract cost $670,565.50
Nine Change Orders were issued. The first, in the
amount of $2,027.88, provided for realignment of the new storm
drains to avoid conflicts with the existing gas mains. The
second, in the amount of $4,588.00, provided for changes to the
driveway and wall at the property at the corner of Santiago and
Irvine. The third, in the amount of $1,025.30, provided for
relocation of the traffic signal electrical service around the
new catch basin. The fourth, in the amount of $4,028.39,
provided for relocation of a catch basin and reconstruction of
two sewer manholes in Santiago Drive. The fifth, in the amount
of $5,637.20, provided for revisions to the block wall at the
corner of Santiago and Irvine. The sixth, in the amount of
$3,850.00, provided for the construction of steps from the
sidewalk up to the yard level at the corner of Santiago and
Irvine. The seventh, in the amount of $2,000.00, provided for a
change in
A
f
Subject: Acceptance of Irvine Avenue at Santiago Drive
Intersection Improvements and Irvine Avenue
Rehabilitation between 16th Street and Santiago Drive
•(C -2641)
April 13, 1992
Page 2
the striping on Irvine Avenue. The eighth, in the amount of
$8,896.97, provided for the relocation of an existing electrical
conduit and the installation of new conduit for the future
upgrading of the street lighting system. The ninth, in the
amount of $5,428.72, provided for relocating the driveway and
removal of a tree at the corner of Santiago and Irvine.
Funds for the project were budgeted in the General
Fund, Account Nos. 7013- 3130013 and 7013- 3130020.
The contractor is Excalibur Contracting, Inc. of
Irvine.
The contract date of completion was November 8, 1991.
Due to the extra work, completion was delayed until November
26, 1991.
Benjamin B. Nolan
Public Works Director
GPD:so
910371
STOP NOTICE
LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS
(Public or Private Work)
(Per California Civil Code Section 3103)
RECEIVED
APR 3 1992
CRY CLERK
Cnr OF
NEWPORT BEACH
To: CITY OF NEWPORT BEACH Project: # 9113 C -2641
(Name of owner. public body or construction fund border) IRVINE AVE @ SA%i°PIIAGO DRIVE INTER -
3300 NEWPORT BLVD SECTION IMPROVEMENTS.
(Address It directed to a bank or savings and loan assn . use address of branch hording fund) (Address(
NEWPORT BEACH, CA 92659 -1768 NEWPORT BEACH, CA
(City. state and zip) (City, state and zip)
TAKE NOTICE THAT PAVEMENT RECYCLING SYSTEMS, INC.
(Name of the person or firm claiming the stop notice Licensed contractors must use the name under which contractors license is issued)
whose address is P.O. BOX 1266 RIVERSIDE, CA 92502
(Address of person or firm claiming stop notice)
has performed labor and furnished materials for a work of improvement described as follows:
IRVINE AVENUE & SANTIAGO DRIVE NEWPORT BEACH, CA
(Name and location of the project where work or materials were furnished)
The labor and materials furnished by claimant are of the following general kind:
COLD PLANE AC PAVEMENT
(Nand of larva, services. equipment. 01 Materials Wrmshed or agreed to he tumashed by daimanq
The labor and materials were furnished to or for the following party: EXCALI BUR PAVING
P.O. BOX 17746 IRVINE, CA 92713
(Name of the party who ordered the work or materials)
Total value of the whole amount of labor and materials agreed to be furnished is: ... ... _ ....... __ ......... $ 16,117.94
WITH INTEREST
The value of the labor and materials furnished to date isi 5- % ... PER MONT-h1 - - -- - $ 17 , 0 8 5 .0 2
Claimant has been paid the sum of: ................................ ............................ . .... ................. $ NONE
and there is due, owing and unpaid the sum of:
17,085.02
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 for this project which are in your hands.
co��� O o 0
p ° --� tiff ��'rorrr FIRM
�i
IMA
VEME
VERIFICATION
I, the undersigned, say: lam the VICE PRESIDENT
(-President of", °A partner of'. 'Owner at "Agent of', etc.)
the claimant named in the foregoing Stop Notice, I have read said Stop Notice and know the 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_jAregoing is true and correct.
Executed on APRIL 1 19 92 , at
(Date this document was signed)
Via-
who's swe.
California.
REQUEST FOR NOTICE OF ELECTION
(Private Works Only)
(Per California Civil Code Section 3159, 3161, or 3162)
If an election is d not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with
Sections 3235 r, 162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed
preaddressed s ped envel a nformation must be provided by you under Civil Code Sections 3159, 3161, or 3162.
arrrron� �t� � ilr(1 P.�aOi��
RAY'EU)DER, VICE PRES
See reverse side for additional information.
stamped envelope)
WOLCOTTS FORM 894 —STOP NOTICE —Rev. 4 -91 (price class 3) Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate and necessary to your particular
1.1991 WOLCOTTS, INC transaction. Consult a homes, d you doubt the tam's fitness for your purpose and use. Wolcatta makes tic representation Or
warranty, express or implied with respect to the merchantability or fr ness of this form for an intended use or purpose.
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, officers, board of supervisors, board of trustees. Civil Code §33179 -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 jabs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs.
N j 1
L
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STOP NOTICE
NOTICE TO WITHHOLD TO HOLDER OF FUNDS
of Newport Beach - Public Works Department
(Name of owner, construction lender or public officer)
3300 Newport Blvd. Newport Beach, California HOLDER OF FUNDS.
(Address of owner or construction lender)
YOU ARE HEREBY NOTIFIED THAT the undersigned claimant,
Inc. 18231 Irvine Blvd. Suite 204 Tustin, California 92680
(Name and address)
has furnished or has agreed to furnish Land Surveying Services
(labor, services, equipment, materials)
of the following kind Construction Staking
(general description of labor, services, equipment or materials)
to or for Excalibur Contracting, Inc. for the work improvement, located at, or known as:
(name of person to or for whom furnished)
Irvine Ave. @ Santiago Dr. Intersection Improvements, Irvine Ave. Rehabilitation
(address, legal description, description of site or project identification)
between 16th St and Santiago Dr. C -2611
The amount in value of the whole agreed to be done or furnished by claimant is $_8325.
The amount in value of that already done or furnished by claimant is $ 2325 nn
Claimant has been paid the sum of $ —0— and there remains due and unpaid the sum of $ 8325.00 •
plus interest thereon at the rate of per cent per annum from , 19_.
YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST.
k&:eorris— Repke, Inc.
January 9, 1992
Jack P. Norris Name of Claimant Corp. Secretary
18231 Irvine Blvd. Suite 204 Tustin, Calif
STATE OF CALIFORNIA
ss.
COUNTY OF �1lli'�`S r) �
Address of Claimant
i%i: P5 � Q w
C,: i•;:: ci' 'x, :;i :,:. ,,: -v0 to �
='sCa
5awobOC1OO"toL9
being duly, sworn, deposes
and says: That the person(c) who signed the foregoing Stop Notice; that I he',has read the same and knows the contents thereof
to be true of hT own knowledge,,except as to any matters or things that may therein be stated on h information and belief and
as to those matters and things The believes them to be tr:•e.
Subscribed and sworn to before me
this �) 4h day of .Sc<<l o t I 19 Q.
Notary Public and in and for said State
OFFICIAL SEAL
KAREN GREMANIS
f1
Notary Pubbc- C011101n:o
,.,'
RIVERSIDE COV::;V
\�
`^`° :•....
My Commission Exp::es
January 13. 1995
716 ,baderd form raven mwt wad wabrtma ra the Feld Wk-sted. Rafam lou ,({o< teed 4 811 m da hleab,
taTOP NOTICE and =� �O� Aoim >ow �e�O°• Cem,Wt • 6vvyer U you doubt the norm a 8roeu fw lour v uyue.
WOLCOTTti FORM M94 —qe2 2.73 (er[e[bsi Jl
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
(714) 644 -3005
DATE: July 29, 1991
SUBJECT: Contract No. C -2641
Description of Contract
IRVINE AVENUE AT SANTIAGO DRIVE
INTERSECTION IMPROVEMENTS, AND 'IRVINE AVENUE REHABILITATION
BETWEEN 16TH STREET AND SANTIAGO DRIVE
Effective date of Contract July 26, 1991
Authorized by Minute Action, approved on June 24, 1991
Contract with Excalibur Contracting, Inc.
Address 2760 S. Harbor Blvd., #F
Santa Ana, CA 92704
Amount of Contract $632,402.70
"94e2�4' s 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
City Clerk
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 926WI768
unt i I.. -.-- 11: 00 AM an the 13 day of JUNE 1991,
--U--
at which time such bids shall be opens and read for
IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION
IMPROVEMENTS, AND IRVINE AVENUE REHABILITATION
Me
C-2641
Contract No.
$660,000
Engineer's Estimate
F 4!�V
-7
Approved by the City Council
this 13 day of May 1991
Wanda E. Raggio
City Clerk
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport Boulevard,
P. 0. Box 1768, Newport Beach, CA 92659-1768.
For further information, call Lloyd Dalton at 644-3311.
Project Manager
V J4� _�.
.J
�'
• CITY OF NEWPORT BEACH •
PUBLIC WORKS DEPARTMENT
IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION
IMPROVEMENTS, AND IRVINE AVENUE REHABILITATION
BETWEEN 16TH STREET AND SANTIAGO DRIVE
CONTRACT NO. 2641
ADDENDUM NO. 1
JUNE 12, 1991
NOTICE TO BIDDERS:
BIDDERS shall propose to complete Contract No. 2641 in accordance
with plans, proposal, contract documents and special provisions
as modified by this Addendum No. 1.
The following changes are hereby made to the Special.Provisions:
SP 7 of it
C. ASPHALTIC CONCRETE PAVEMENT.
ADD Crack Sealing - All existing pavement cracks 1/4" or
greater in width shall be cleaned, filled and sealed to
existing pavement level with Polyflex 3 manufactured by
Crafco Inc. or equal approved by the Engineer.
Existing cracks to be sealed shall be cleaned of all
loose material, vegetation, dirt, moisture, etc., using
sandblasting, brushing, air blowing or any other method
of cleaning as approved by the Engineer.
No separate payment will be made for crack sealing.
Compensation shall be included in the price paid for
related items of work.
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.
Benjamin B. Nolan
Public Works Director
I have carefully examined Addendum No. 1 and hereby consent to it
being made a part of our proposal.
• •
PR 1.1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMBN
PROPOSAL
1. IRVINE AVENUE REHABILITATION BETWEEN 16TH STREET AND
. SANTIAGO DRIVE
2. IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION IMPROVENM
CONTRACT NO. 2641
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
The undersigned declares that he has carefully examined the
location of the work, that he has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials and do all
work required to complete this Contract No. 2641 in accordance with
the Plans and Special Provisions, and that he will take in full
payment therefore the following unit price for the completed item
of work, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
Fifty Thousand
Dollars
and
No Cents
Per Lump Sum
$ 50,000.00
2. 3,300 Unclassified excavation
Cubic Yards
@ Fifteen Dollars
and
Sixty Cents $ i 5 fin $ 51 .4Rn .00
Per Cubic Yard
3. Lump Sum Clear and grub
@ Fifty -Fi vP Thnyiiand Dollars
and
No Cents $ 55 -nnn _ 00
Per Lump Sum
5. 5,000 Construct aggregate base
Tons
@ Ten Dollars
and
Twenty Cents $ 10.20 $ 51 ,000.00
Per Ton
6. 16,500 Cold plane variable depth
Sq. Yards
@ One Dollars
and
No Cents
Per Square Yard
7. 700 Cold mill 0.12'
Sq. Yards
@ One Dollars
and
Fifty-Seven Cents
Per Square Yard
8. 4,185 Construct reinforcement fabric
Sq. Yards
$ 1.00 $ 16,500.00
$ 1.57 $ 1-099.00
@ No Dollars
and
Eighty -Seven Cents $ .87 $ MO. 95
Per Square Yard
9. 2,279 Construct P.C.C. curb & gutter
Linear Feet
@ Ten Dollars
and
Seventy -Five Cents $ 10.75 $ 24,499.25
Per Linear Foot
•
•
PR 1.2
ITEM QUANTITY
ITEM DESCRIPTION
UNIT
TOTAL
NO. AND UNIT
UNIT PRICE WRITTEN IN WORDS
PRICE
PRICE
4. 8,000
Construct asphalt concrete
Tons
pavement
@ Twenty -;Six Dollars
and
Twenty Cents
$ 26.20
$ 209,600.00
Per Ton
5. 5,000 Construct aggregate base
Tons
@ Ten Dollars
and
Twenty Cents $ 10.20 $ 51 ,000.00
Per Ton
6. 16,500 Cold plane variable depth
Sq. Yards
@ One Dollars
and
No Cents
Per Square Yard
7. 700 Cold mill 0.12'
Sq. Yards
@ One Dollars
and
Fifty-Seven Cents
Per Square Yard
8. 4,185 Construct reinforcement fabric
Sq. Yards
$ 1.00 $ 16,500.00
$ 1.57 $ 1-099.00
@ No Dollars
and
Eighty -Seven Cents $ .87 $ MO. 95
Per Square Yard
9. 2,279 Construct P.C.C. curb & gutter
Linear Feet
@ Ten Dollars
and
Seventy -Five Cents $ 10.75 $ 24,499.25
Per Linear Foot
4 ,t r
•
• PR 1.3
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 1,717 Construct P.C.C. driveway approach
Sq. Feet
@ Two Dollars
and
CPVanty-Fiva Cents $ 9.75 $ 4.771 J5
Per Square Foot
11. 505 Construct cross - gutter,
Sq. Feet spandrel, & integral curb
@ Six Dollars
and
Thirty Cents $ 6-10 $_-I 1 R1 _50
Per Square Foot
12. 2,220 Construct sidewalk
Sq. Feet
@ Two Dollars
and
SPVPnty Cents $ 2.70 $___5 L9 94. 00
Per Square Foot
13. 850 Replace existing A.C. driveway
Sq. Feet or walk
@ Four Dollars
and
No Cents $ 4.00 $ 3,400.00
Per Square Foot
14. 95 Construct depressed curb &
Linear Ft. gutter
@ Ten Dollars
and
Seventy -Five Cents $ 10.75 $ 1,021.25
Per Linear Foot
15. 100 Construct curb access ramp
Sq. Feet
@ Two Dollars
and
Seventy Cents $ 2.70 $ 270.00
Per Square Foot
•
• PR 1.4
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN FORDS PRICE PRICE
16. 62 Adjust manhole frame & cover
Each to grade
@ One Hundred Seventy- Five Dollars
and
No Cents $ 175.0n $ 1 n _ R5n nn
Per Square Foot
17. 69 Adjust water valve or monitoring
Each well frame & cover to grade
@ One Hundred Fifty Dollars
and
No Cents $ 1rn_nn $ n,'isn nn
Per Each
18. 2 Adjust survey monument
Each frame & cover to grade
@ Five Hundred Dollars
and
No Cents $ 500.00 $ 1,000.00
Per Each
19. 2 Relocate pull boxes in stamped
Each concrete at 17th Street /Westcliff
Drive traffic island
@ Six Hundred Sixty Dollars
and
No Cents $ 660.00 $ 1,320.00
Per Each
20. Lump Sum Modify traffic signal
Irvine Ave. and Santi,
@ Nineteen Thousand Eight
Hundred
Nn
Per Lump Sum
at
igo Dr.
Dollars
and
Cents $ 19.800.00
•PR 1.5
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN URDS PRICE PRICE
21. Lump Sum Place traffic striping and
pavement markings within
City of Costa Mesa
@ Fifty -Nine Hundred Dollars
and
No Cents $ 5,900.00
Per Lump Sum
22. Lump Sum Place traffic striping and
pavement markings within City
of Newport Beach
@ Fourteen Thousand Four Dollars
Hundred and
No Cents $14,400.00
23. Lump Sum Replace traffic signal detector
loops at 17th Street /Westcliff
Drive, 19th Street /Dover Drive,
and 20th Street /Highland Drive
intersections
@ Sixteen Thousand Five Dollars
Hundred and
No Cents $16,500.00
Per Lump Sum
24. Lump Sum Replace traffic signal detector
loops at Irvine Avenue and
Santiago Drive intersection
@ Two Thousand Two Hundred Dollars
and
No Cents $ 2,200.00
Per Lump Sum
25. Lump Sum Construct concrete block
retaining walls
@ Ten Thousand Dollars
and
No Cents $10,000.00 $ 10,000.00
Per Square
' d
•
•
PR 1.6
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT ; UNIT PRICE WRITTEN IN WORDS PRICE PRICE
26. 4 Construct catch basin inlet
Each L=3.5' w/ local depression
@ Fourteen Hundred Dollars
Seventy and
No Cents $ 1,470.00 $ 5.880.00
Per Each T
27. 2 Construct catch basin inlet
Each L=28' w/ local depression
@ Forty -Two Hundred Dollars
Seventy and
No Cents $q_97n.nn $ R,un.nn
Per Each
28. 10 Construct 12" diameter RCP
Linear Ft. storm drain
@ One Hundred Twenty -Five Dollars
and
No Cents $ 125.00 $ 1,250.00
Per Linear Foot
29. 84 Construct 15 ", diameter RCP
Linear Ft. storm drain
@ One Hundred Twenty- Dollars
Five and
No Cents $ 125.00 $ 1,500.00
Per Linear Foot
30. 189 Construct 18" diameter RCP
Linear Ft. storm drain
@ One Hundred Fifteen Dollars
and
No Cents $ 115.00 $ 21,735.00
Per Linear Foot
31. 1 Construct 18" diameter concrete
Each collar
@_ Seven Hundred Fifty Dollars
and
No Cents $ 750.00 $ 750.00
Per Each
• •
PR 1.7
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
32. 1 Construct 15" diameter concrete
Each collar
@ Seven Hundred Fifty Dollars
and
No Cents $ 750.00 $ 750.00
Per Each
33. 1 Construct junction structure
Each (12" to 18" diameter)
@ Five Hundred Twenty Dollars
and
No Cents $ 520.00 $ 590.00
Per Each
34. 1 Construct junction structure
Each (15" to 18" diameter)
@ Five Hundred Twenty Dollars
and
No Cents $ 520.00 $ 52n.nn
Per Each
35. 1 Construct junction structure
Each (15" to 30" diameter)
@ Five Hundred Twenty Dollars
and
No Cents $ 520. no $ 520 _nn
Per Each
36. 1 Construct junction to existing
Each catch basin
@ One..HUndred Seve;ity- FiveDollars
'and
No Cents $ 175. n0 $ 175 . no
Per Each
37. 1 Construct junction structure
Each No. 1
@ Twenty -Seven Hundred Dollars
Sixty and
No Cents $2,71;n no $ 2,76n_nn
Per Each
•PR 1.8
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
38. Lump Sum Construct modified driveway
approach
@ Six Hundred Dollars
and
No Cents $ 600.00
Per Lump Sum
39. 2 Construct curb access ramp
Each
@ Two Hundred Fifty Dollars
and
No Cents $ 250.00 $ 500.00
Per Each
40. 525 Construct stamped concrete
Sq. Feet over 4" CAB or sand
@ Seven Dollars
and
No Cents $ 7.00 $3,675.00
Per Square Foot
Six Hundred Thirty -Two Thousand Four Hundred
T1,vo
Dollars
and
- Seypnt Cents $ 632.402.70
TOTAL ID PRICE (WORDS) TOTAL BID PRICE
(FIGURES)
','.- xcalibur Contracting, Inc. 513967 A 5/92
Bidder State Contractor's License
No. & Expiration Date
Athorilzed S g ature Title Da e
J.M. Yackley Preside
�760 C. Harhnr Rlvd ,j Santa Ana 0704 714) 556 -7630
Bidder's Address Bi(dder's Telephone
INSTRUCTIONS TO BIDDERS
•
Page 2
The following documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
PROPOSAL (Page 1)
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
DISAVANTAGED BUSINESS ENTERPRISE REQUIREMENTS (Page 7)
except that cash, certified check or cashier's check (sum not less
than 10% of the total bid price) may be received in lieu of the
BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing
the documents.
The City of Newport Beach will not permit a substitute format
for the documents listed above. Bidders are advised to review
their content with bonding and legal agents prior to submission of
bid.
BIDDER'S BOND shall be issued by an insurance organization or
surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2)
listed as an acceptable surety in the latest revision of the
Federal Register Circular 570.
The estimated quantities indicated in the PROPOSAL are
approximate, and are given solely to allow the comparison of bid
totals.
Bids are to be computed upon the estimated quantities
indicated in the PROPOSAL multiplied by unit price submitted by the
bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error
in the multiplication of estimated quantity by unit price, the
correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be
held responsible for bidder errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or
all bids and to waive any minor irregularity or informality in such
bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be
permitted in substitution of money withheld by the City to ensure
performance under the contract. The securities shall be deposited
in a state or federal chartered bank in California, as the escrow
agent.
5/91
r , A4 •
•
Page 2A
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 insuring compliance
with provisions of Section 1777.5 of the Labor Code and Section
4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act."
All documents shall bear
authorized to sign on behalf of
signatures shall be of a col
authorized by the corporation.
shall be of a general partner.
shall be of the owner.
signatures and titles of persons
the bidder. For corporations, the
.porate officer or an individual
For partnerships, the signatures
For sole ownership, the signature
513967 A
Contractor's License No. & Classification
Excalibur Contracting, Inc.
Bidder
5/91
Da
e
5/91
r.
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• •
DESIGNATION OF SUBCONTRACTOR(S)
Page 3
State law requires the listing of all subcontractors who will
perform work in an amount in excess of one -half of one percent of
the Contractor's total bid. If a subcontractor is not listed, the
Contractor will be responsible for performing that portion of the
work. Substitution of subcontractors shall be made only in
accordance with State law and /or the Standard Specifications for
Public Works Construction, as applicable.
The Bidder, by signing this designation, certifies that bids
from the following subcontractors have been used in formulating the
bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with
State law. No changes may be made in these subcontractors except
with prior approval of the City of Newport Beach.
Subcontract Work Subcontractor Address
1 Electrical Steiny & Company Fullerton
2. Cement Work John Jezowski Orange
3. Crack Fill R C S I Orange
4. Striping J & S Striping Orange
5. Block Wall
6. Cold Planing
The Patterson Co. Orange
Pacific Asphalt Lancaster
7. Trucking Asphalt John Payne Azusa
g. Export Trucking
9.
10.
11.
12.
Excali
Ti a
5/91
Rays Trucking Azusa
• I I Page 4
I30NUM13 i R 50103 -91
lHES PREiRNTS,
Kt7OW ALL 14F,14 BY E
EXCALIBUR CUN'I1t11G1uv�p-
That we, DUTA
liMEMN1'1'Y COMPANY OF CALLI_FO Of Ile
t
bidder, and _- -- -Y- "- bound unto trie CIty
�;urety, are held and flYraly BI,
(1a1 i.tornia, in the sum of 'cEN_� f the Un ted States for th
*,),lawful money we bind ourselves
of wh /chm ^well and truly to be made,
and several y' firmly by these presents.
'1'ilE CONDITION OF THE FOREGOING OBLIGATION IS Si1Ci1„ I
That if the proposal of. the aboveRbounden� ll ddR
construction of IRVINE AVENUE. IN E n the ty of Newpo
ect and Contract No.) and if )
(9'itle of Yroj - Council of said CitY#
is accepted by the City
bounden bidder shall duly
enter into and execute o sa°ia S des
such construction and siTa1.1 execute and deliver G
„pa ent,t and ,Faithful Performance" contra t incldO in
t11e Specifications within ten (10) days
Sunday, and E'ederal holidays) after the date
and from sad1C''
ri1: Award to the above bounden bidder by otherwise it
this obligation shall become null and void;
t'orteited t the sa id th said City• named ex such bid
In the event that reebidder ht the death ed any thl
an individual, it i5 ag is obligation under this
r,r.1t exonerate the Surety from 1
hands and s
I14 WITNESS WHEREOF, we hereunto set our
1QTfl day of
JUNE 1991.
�! STATE OF CALIFORNIA
COUNTY OF ORANGE
On this 121 h day of
before me, the un rs ned, a.
.� -.-
pFFiCIAt. SEA.
ae
as
Beach,
Dollars
payment
jointly
for the
C neap -♦
ae above
Tact for
City the
ribed in
;aturday,
1g Notice
.ty, then
shall be
bond as
r shall
nd.
this
In the year 195L. !i
fors 'd Late, p eeally appeared ,I{
SHIRLEV S. h1C LAUGHLIN - personally known to me
Notary Public- Caliternia (or proved to me on the basi� rsfac ry evidence) to b the er ns who executed the
;- LDS ANGELES COUNTY within instrument as i President and Secretary,
i Au 21,1992
My cumm. ExP v respectively, of the Corporation [herein named, and acknowledged to me that the Corporation ,
executed it pursuant to its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal. L
i !i
i
ACKNOWLEDGMENT— C". —Pro. 8 Sac WtlWls Fm 228CA —rw. 11.87
01987 WOLCOTTS.INC. fl,i dw 8 -t) Notary Public for said State.
... --' 5/91
rxi ,)t r s BONi2
KNOW ALL MEN DY THESE PRESFNTS,
Page 4
BOUHB(,R 50103 -91
That We, EXCALIBUR CONTRACTING_ IN(L.
bidder, and I LMNIF1il TY COMPjkNY OF CALIFORNIA
surety, are -held and f ri mly' bound unto the`C ty of Newpo.
Cal i.fornia, in the sum of TEN PERCENT Or
L n BII3L�,.,:.•:
($ _107 of Rrn*'•_).3awful money of the�Uni ed States for th
of which sum well and truly to be made, we bind ourselves
and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder
construction of IRVINE AVENUE INTE "• T R V •t$;_ANU REHAB
(Title of Project and Contract No.) n the FCCtty of Newpo;
is accepted by the City Council of said City, and if 1
bounden bidder shall duly enter into and execute a cons
such construction and shall execute and deliver to said
"Payment" and "Faithful Performance" contract bonds des(
the Specifications within ten (10) days (not including ;
Sunday, and Federal holidays) after the date of the maili,
of. Award to the above bounden bidder by and from said C.
this obligation shall become null and void; otherwise it
forfeited to the said City.
In the event that any bidder above named executed thi
an individual, it is agreed that the death of any such bid
not exonerate the Surety from its obligation under this I
It] WITNESS WHEREOF, we hereunto set our hands and
10TH day of . JUNE ._ _, 1991.
gCALIBUR .CO NL_.._�___-
H3dder (A'ttac ak owledgment
Of At.torney -In -Fact)
NOCary -,vua is -- j
Commission Expires:
JPNNIFER "RJUNG
^��;•C•� y�i -7 NCinfiY P�: CAI F',.
RIJIA
5/• ' DIEGO COUNTY
it Commisi Expiry pncCP 22, 1993
5191 r�Ca''. t2 ..YJ.'..�:....:> «�:•..11...._ - - - -
A.
as
,as
- .Beach,
Dollars
payment
jointly
for the
••r
he above
ract for
City the
ribed in
4turday,
Ig Notice
ty, then
shall be
bond as
r shall
Is this
FORNIA
IN -FACT
rVtIV Cf1 Vr All IlUtill Vr
I NITY COMPANY OF CALIFO
4 ,' A *VELOPERS INSURANCE CO Y
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263 -3300
N-0 071347
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
** *MICHAEL D. STONG, MICHAEL A. QUIGLEY, CARRIE L- PRICE, JOINTLY OR SEVERALLY * **
the true and lawful Attorney(s) -in -Fact, to make, execute. deliver and - acknowledge. for and on behalf of each of said corporations as sureties, bonds, undertakings arm contracts of
suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars (,$1.500,000) in any single undertaking: giving and granting unto said Attornev(sl -in -Fact it'll
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said Attorney(s) -in -Fact. pursuant to these presents. are hereby ratified and confvmrd.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds. mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds. bonds on financial mslrutior.s, tease
bontls, insurance company qualifying bonds, self - insurer's bonds. fidelity bonds or bail bonds.
This Power of Attorney is granted and a signed by facsimile under and by authority of the following resolutions adopted by tPe respective Boards of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cenificate relating thereto by facsimile, and any such Power of Attor-
ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undenak.ng or contract of
suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be sinn,=d Cy tilelr respect
live Presidents and attested by their respective Secretaries this 2nd day of January, 1991.
INDEMNITY COMPANY OF CALIFORNIA
By
Harry C. Crowell. President
P
has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said Corporations set forth in the Power of Attorney, are in force as of the date of this Cenificate.
ATTEST
This Certificate is executed in the City of Irvine. California, this
IQT)?. day of __...— JUNE ., -------
By
Walter A. Crowell. Secretary
DEVELOPERS
o ?r
�'"
STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
DEVELOPERS INSURANCE COMPANY
Harry C. Crowell, President
ATTEST
By
Walter A. Crowell, Secretary
pt s'JOq
P' �P.FC PANT
n
- axR
r 19.2 S
b
On January 2, 1991, before me, the undersigned, a Notary Public in and for said State. personally appeared Harry C. Crowell and Walter A. Crowell, personally known to me for proved t0
me on the basis of satisfactory evidencel to be the persons who executed ;be within instrument as President and Secretary on behalf of Indemnity Company of Californ is end as President
and Secretary on behalf Of Developers Insurance Company. the Corporations therein named. and acknowledged to me that the corporations executed it.
WITNESS my hand and official soar. �r
Signature V -- %`'�' r-'~ „_,
�— Notary Public
CERTIFICATE
OFFICIAL SEAL
VIRGINIA M. LOUMAN
�r NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
'� ORANGE COUNTY
My Commission i Apr, 9, 1993
The undersigned. as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the
foregoing and attached Power of Attorney remains in full force and
has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said Corporations set forth in the Power of Attorney, are in force as of the date of this Cenificate.
This Certificate is executed in the City of Irvine. California, this
IQT)?. day of __...— JUNE ., -------
n
, _ ------ 199..9.1
INDEMNITY COMPANY OF CALIFORNIA
DEVELOPERS
o ?r
�'"
INSURANCE COMPANY
��P'CaRPOFrt1�
^4`ePPOR,,
d
'r� "/
By
L.C. Fiebiger
J CI316� n BY
oa a�
.... _.._......_....
L.C, Fiebiger
�\ i97 a e
�d' n
Senior Vice President
i r,roap
Senior Vice Prosidem
Aj
ID -110 REV. 12190
Page 5
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of QRANGE )
J•M.YACK4.EY , being first duly sworn, deposes and
says that he or she is ' NT Of E=A) LBUR CONTRACTINGI, INC.
the party making the foregoing b d; that the bid is not made in the
interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to
put in a sham bid, or that anyone shall refrain from bidding; that
the bidder has not in any manner, directly or indirectly, south by
agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the public body awarding
the contract of anyone interested in the proposed contract; that
all statements contained in the bid are true; and, further, that
the bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true
and correct. / /
EXCALIBUR CONTRACTING, INC.
Bidder
J.M. YA¢KLEY, PRESIDENT
Subscribed and sworn to before me this.IAV day of & ,
19AJ.
[SEAL]
Notary Public
My Commission Expires:
5/91
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Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of
similar character to that proposed herein which he has performed
and successfully completed.
Year For Whom Person Telephone
Completed Performed (Detail) To Contact Number
"See Attached"
Excalibur Contracting, Inc.
Bidder
5/91
J.M. Yackley, Presi
EXCALIBUR CWRACTING, INC.
A General Engineering Contractor
State License No. 513967 A
P.O. BOX 17746 IRVINE, CALIFORNIA 92713.7746
CON1 IMC: I WHIM 1`31F.1-F-RIENCF-S
City of Irvine. Project: Campus.'Drivev
#1 Civic Center Plaze Contract Amount; $5241
I rvine
(71 4) 724-6337
Project Manager: Mji•cp L-ovIriq
Mission Viejo Company
26137 La Paz Road
Mission Viejo, Ca. I
(714) 337-6050 ext.
Project manager: Bob Sc iot to
City of Villa Park
1785.`, Santiago B
Villa Park, Ca.
(714) 998-1500
Project. Manager: Jeannette P L. C
City of Safi Clemenr:;-
101 Weer E1 Por-ca;
San Cl ernes to'' �-i i,
( 71 4 1 498 -- <5- 3
Project manager: n parker
L.A. C,:)un ty Public - i , .
L)
909 So�tn Frernonv,
Alhambra, Ca, 91 Ea
(818) 458-,'116
Project Manager: r'.er,
Project: Los.A I isc
Contract Amounts::$
C.
Project: Villa�park :Rc
Contract Amount: $658,
w
Project: Esplanade,.. tal
Contract Amount; $121,E
Project: Los Obreros 5
Contract Amount; $23Q0
Project: 186th Reconst
Contract Amount; $156,
Project: El Segundo Blvd
Contract Amount; $253,64
Project: Kanan'.Road Over!
Contract Amount: $186,59E
Project: Truinfo Creek Ac
Contract Amount; $.78,587
Project; Ma'bilu Canyon F
Contract Amount: s105109
Project: Sullivan Canyor
Contract Amount; $158i9t
•
C
Page 7
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS
A goal of 10% of Total Bid Price has been established for
Disadvantaged Business Enterprise (DBE) participation for this
project.
The Contractor s)iall make a sufficient portion of the work
available to subcontractors and suppliers and select those portions
of the work or material needs consistent with the available DBE
subcontractors and suppliers, so as to assure meeting the DBE goal
as mandated by the Department of Transportation ( Caltrans). In
particular:
1. A DBE must be a small business concern.
2. A DBE may participate as a prime contractor,
subcontractor, joint venture partner with a prime
subcontractor, or vendor of material or supplies.
3. A DBE joint venture partner must be responsible for a
clearly defined portion of the work to be performed, in
addition to satisfying requirements for ownership and
control.
4. A DBE must perform a commercially useful function; i.e.,
must be responsible for the execution of a distinct
element of the work and must carry out its responsibility
by actually performing, managing and supervising the
work.
5. Credit for a DBE vendor of materials or supplies is
limited to 20 percent of the amount to be paid to the
vendor for the material unless the vendor manufactures or
substantially alters the goods.
6. A DBE must be a Caltrans- certified DBE on the date bids
for the project are opened before credit may be allowed
toward the DBE goal. The Caltrans DBE directory
identifies DBEs which have been certified.
Noncompliance by the Contractor with these DBE requirements
constitutes a breach of this contract and may result in termination
of the contract or other appropriate remedy for such breach.
The award of contract, if it be awarded, will be to the lowest
responsible bidder whose proposal complies with all the
requirements prescribed and who has met the goals for DBE
participation or has demonstrated, to the satisfaction of the City,
good faith effort to do so.
Each proposal shall include the bidder's DBE information. The
bidders DBE information shall establish that the DBE goal will be
met or that a good faith effort to meet the goal has been made.
5191
.. • •
Page 7A
The information to establish that the bidder will meet the DBE
goal shall include:
1. The names of DBEs to be used, with a complete description
of work or supplies to be provided by each, and
2. The dollar vAlue of each such DBE transaction.
The information to establish that the bidder has made a good
faith effort to meet the DBE goal should include:
1. The names and dates of advertisement of each newspaper,
trade paper, and minority -focus paper in which a request
for DBE participation for this project was placed by the
bidder.
2. The names and dates of notices of all certified DBEs
solicited by direct mail for this project, and the dates
and methods used for following up initial solicitations
to determine with certainty whether the DBEs were
interested.
3. The items of work for which the bidder requested subbids
or materials to be supplied by DBEs, the information
furnished interested DBEs in the way of plans,
specifications and requirements for the work, and any
break -down of items of work into economically feasible
units to facilitate DBE participation. (Where there are
DBEs available for doing portions of the work normally
performed by the bidder with his own forces, the bidder
will be expected to make portions of such work available
for DBEs to bid upon.)
Excalibur Contracting. Inc.
Bidder
5/91
•
Page 8
The following contract documents shall be executed and
delivered to the Engineer within ten (10) days (not including
Saturday, Sunday and Federal holidays) after the date of mailing
Notice of Award to the successful bidder:
PAYMENT BOND (Page 9)
FAITHFUL PERFORMANCE BOND (Page 10)
CERTIFICATE OF INSURANCE (Page 11)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 12)
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 13)
WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 14)
CONTRACT (Page 15)
The City of Newport Beach will not permit a substitute format
for these contract documents. Bidders are advised to review their
content with bonding, insuring and legal agents prior to submission
of bid.
Payment and faithful performance bonds shall be issued by an
insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the
State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Insurance companies affording coverage shall be (1) currently
authorized by the Insurance Commissioner to, transact business of
insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category
Class VIII (or larger) in accordance with the latest edition of
Best's Key Rating Guide: Property - Casualty. Coverages shall be .
provided as specified in the Standard Specifications for Public
Works Construction, except as modified by the Special Provisions.
The Workers' Compensation Insurance Certification shall be
executed and delivered to the Engineer along with a Certificate Of.
Insurance for workers' compensation prior to City's execution of
the Contract.
5/91 .
,, I :i
•
�.A: • ,u
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City Council of the
of California, by motion adopted
awarded to Excalibur Contracting. Inc.
designated as the "Principal ", a contr
Drive Intersection Imnrovements_ and Trvina
fUlIM223513P
INCLUDED ON PERFORMANCE BOND
i
Page 9
City of Newport Beach, State
June 24 1991 has
here nafter
ict for Irvine Ave. at Santiago
Rehab. (Contract Noi - ) in
conformity with the Drawings
and Specifications and other contract documents in the office of
the City Clerk of the City of Newport Beach, and all of which are
incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute
Contract No. 2641 and the terms thereof require the furnishing
of a bond, proms that if Principal or any of Principal's
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, EXCALIBUR CONTRACTING. INC.
as Principal, and INDEMNITY COMPANY OF CALIFORNIA
as Surety, uI>�W City of Newport Beach, in
the sum of / - -- Dollars ($ 632,402.70 - - - -) ,
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 /her 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,
or for any amounts required to be deducted, withheld and paid over
to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work
and 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.
5/91
•
Page 9A
The bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Section
3181 of the California Civil Code so as to give a right to them or
their assigns in any suit brought upon this bond, as required, by
and in accordance with the provisions of Sections 3247 et. seq. of
the Civil Code of the State of California.
And said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alterations or additions
to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alterations or
additions to the terms of the contract or to the work or to the
specifications.
In the event that any principal above named executed this bond
as an individual, it is agreed that the.death of any such principal
shall not exonerate the Surety from its obligations under this
bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
the above named Principal and Surety, on the 17TH day of
JULY , 19 91 .
Excalibur Contracting, Inc.
Name of Contractor (Principal)
INDEMNITY COMPANY OF CALIFORNIA
Name of Surety
1425 W. FOOTHILL BLVD., #120
UPLAND, CA 91786
Address of Surety
714- 982 -2388
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACBBD
5/91
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POWER OF ATTORNEY OF N2 071422
1 NITY COMPANY OF CALIFO
AND�EVELOPERS INSURANCE COMP Y
P.O. BOX 19725, IRVINE, CA 92713 * (714) 263 -3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1992.
2. This Power of Attorney is void If altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the Attorney(s) -In -Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
** *MICHAEL D. STONG, MICHAEL A. QUIGLEY, CARRIE L PRICE, JOINTLY OR SEVERALLY * **
the true and lawful Atorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars ($1,500,000) in any single undertaking; giving and granting unto saitl Attorney(s) -in -Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of
saitl corporations full power of substitution and revocation; and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of Installment paper, note guarantee bonds, bonds on financial institutions, lease
bonds, Insurance company qualifying bonds, self - insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted bythe respective Boards of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor-
ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of
suretyship to which It Is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 2nd day of January, 1991.
INDEMNITY COMPANY OF CALIFORNIA
By
Harry C. Crowell, President
ATTEST
By
DEVELOPERS INSURANCE COMPANY
By YVI�
Harry C. Crowell, President
ATTEST
By
GcJa�i Q. Cu«�G
Walter A. Crowell, Secretary Walter A. Crowell, Secretary
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
On January 2,1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Harry C. Crowell and Walter A. Crowell, personally known to me (or proved to
mean the basis of satisfactory evidence) to be the persons who executed thewithin instrument as President and Secretary on behalf of Indemnity Company of California and as President
and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it.
WITNESS my hand and official seal.
Signature -0/'u /n
Notary Public
CERTIFICATE
OFROAL SEAL
VIRGINIA M. LOUMAN
�. NOTARY PUBLIC - CALIFORNIA
PRINOWAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 9, 1993
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the
foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of saitl corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 171H day of
INDEMNITY COMPANY OF CALIFORNIA
I.NYo
/
X
oMP
��,40PPOR4j�O
l
By
L.C. Fiebiger
Senior Vice President
FORPA��ta
ID-310 REV. 12/90
199.
DEVELOPERS INSURANCE JCOMPANY
L.C. Fiebiger
Senior Vice President
•
BOND 223513P
P $12,648.00
Page 10
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State
of California, by motion adopted June 24 1991 has awarded
to hereinafter designated as the "Princ pal ", a contract for
Irvine Ave. at Santiago Drive Intersection Improvements in the City of
Newport Beach, in strict conformity with the Contract, Drawings and
Specifications and other contract documents in the office of the
City Clerk of the City of Newport Beach, all of which are
incorporated herein by this reference;
WHEREAS, Principal has executed or is about to execute
Contract No. 2641 and the terms thereof require the
furnishing of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, EXCALIBUR CONPBACTING, INC.
as Principal, and INDEMNITY COMPANY OF CALIFORNIA
as he sumtef are h�u� City of Newport Beach, n
t
lb@R - -- Dollars ($ 632,402.70 ) ,
said sum being equal to 100% of the estimated amount of the
contract, to be paid to the 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, 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 Contract and any alteration thereof made as
therein provided on its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according
to its true intent and meaning, and shall indemnify and save
harmless the City of Newport Beach, its officers, employees and
agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby, and in addition to
the fact amount specified in this Performance Bond, there shall be
included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, in the event it is
required by bringing any action in law or equity to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no
change, extension of time, alterations or additions to the terms of
the contract or to the work to be performed thereunder or to the
specifications accompanying the same shall in any wise affect its
5/91
a
4%,
a ! 0 0
Page 10A
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.
This Faithful Performance Bond shall be extended and
maintained by the Prinpipal in full force and effect for six (6)
months following the date of formal acceptance of the Project by
the City.
In the event that the principal 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 17TH day of
JULY , 1991. '
Excalibur Contracting, Inc.
Name of Contractor (Principal)
INDEMNITY COMPANY OF CALIFORNIA
Name of Surety
1425 W. FOOTHILL BLVD., #120
UPLAND. CA 91786
Address of Surety
NOTARY ACXNOw7,BDGMZNT8 OF
5/91
.�
MICHAEL A. QD1G1J ;1&M
714- 982 -2388
AND BURETY $UST 43: 0TACUSD
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POWER OF ATTORNEY OF Na 071424
1 NITY COMPANY OF CALIFO
AN VELOPERS INSURANCE COMMY
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263 -3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1992.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the Adorney(s) -In -Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
** *MICHAEL D. STONG, MICHAEL A. QUIGLEY, CARRIE L. PRICE, JOINTLY OR SEVERALLY * **
the true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars ($1,500,000) In any single undertaking; giving and granting unto said Attorneys) -in -Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease
bonds. Insurance company qualifying bonds, self- Insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney Is granted and is signed by facsimile under and byauthority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attomey(s) named In the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Affor-
hey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of
suretyship to which it is attached.
IN W ITNESS W HEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 2nd day of January, 1991.
INDEMNITY COMPANY OF CALIFORNIA
By
Harry C. Crowell, President
ATTEST
By
ujv-a-a' 44d
DEVELOPERS INSURANCE COMPANY
By d�
Harry C. Crowell, Presitlent
9
ATTEST
GcJ�p. CklcG
Walter A. Crowell, Secretary Walter A. Crowell, Secretary
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE )
OnJanuary 2,1991, before me, theundersigned, a Notary Public in and torsaid State, personally appeared HarryC.Crowell and Walter A. Crowell, personally known to me(or proved to
meon the basis of satisfactory evidence) to be the personswho executed thewithin Instrument as President and Secretary on behalf of Indemnity Company of California and as President
and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it.
WITNESS my hand and official seal. �jr
Signature (/'u'�%"Gru'P" c "'
Notary Public
CERTIFICATE
OFFICIAL
VIRGINIA M. LOUMAN
NOTARY PUBLIC - CALIFORNIA
P/tINCIPAI OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 9, 1993
The undersigned. as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the
foregoing and attached Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolutions of the respective Boards of Directors
Of said corporation set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine. California, this 17TH day of JULY
INDEMNITY COMPANY OF CALIFORNIA
�p AMy
�'�
A; +4aep044f�n
BY
Presitlent
E IrORev��ta
Senior ice
ID -310 REV. 12190.
DEVELOPERS INSURANCE COMPANY
By
i
L.C. Flebiger
Senior Vice President
s' ,�
ISSUE DATE (MMDM'1') '
07/18/91
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
PRODUCER
Corroon &Black
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Griffith/Sincock
COMPANIES AFFORDING COVERAGE
1800 E. 16th St.
Santa Ana, CA 92701
ARNY A CNA Insurance Companies
�
COMPANY B
LETTER
INSURED
�R Y C
Excalibur Contracting, Inc.
2760 S. Harbor Blvd., Suite F
Santa Ana, CA 92704
D
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS. "
CO
LTR
TYPEOFINSURANCE
POLICY NUMBER
POUCYEFFECTIVE
DATE (MM/DDNY)
POLICY EXPIRATION
DATE (MM/DD/M
ALL UNITS IN THOUSANDS
GENERAL
LIABILITY
GENERAL AGGREGATE
S 2,000
X
COMMERCIAL GENERAL LIABILITY
PRODUCTSCOMP/OPS AGGREGATE
$ 1,000
As_F.
CLAIMS MADE OCCUR
906226322
10/15/90
10115191
PERSONAL d ADVERTISING INJURY
S 1,000
X
OWNER'S A CONTRACTORS PROT
EACH OCCURRENCE
S 1,000
FIRE DAMAGE (Anyonoft)
$ 50
MEDICAL EXPENSE (Anyonepe )
$ 5
'
AUTOMOBILE
LIABILITY
COMBINED
P
X
ANY AUTO
SINGLE
OMIT
$ 1,000
ALL OWNED AUTOS
BODILY
A
SCHEDULED AUTOS
706226323
10/15/90
10/15/91
INJURY
(Pipe )
HIRED AUTOS
X
BODILY
X
NON-OWNED
WNED AUTOS
INJURY
(pe, enYCeiA)
y ?g,:
GARAGE LIABILITY
PROPERTY
DAMAGE
$
EXCESS VABIUTY
EACH
AGGREGATE'
%pay
OCCURRENCE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION
STATUTORY ^:
A
AND
607820269
10/15/90
10/15/91
S 1,000 (EACH ACCIDENT)::
3
1,000 (DISEASE-- POUCYUMF)
EMPLOYERS' UABIUTY
S
1,000 (DISEASE —EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONSLOCATIONS NEHCLLWECIAL ITEMS
JOB: H2VINE AVE. REHABILITATION BETWEEN 16TH ST. & SANTIAGO DR., IRVINE
AVE. AT SANTIAGO DR. INTERSECTION IMPROVEMENTS C -2641.
CITY OF COSTA MESA AND CITY OF NEWPORT BEACH ARE ADDED AS ADDITIONAL
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF COSTA MESA &
l EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL FWQ04A2Rr Q
CITY OF NEWPORT BEACH
y MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
P.O. BOX 1768
LEFT,
H
3300 NEWPORT BLVD.
z
AUTHORIZED R ATI YE
NEWPORT BEACH, CA 92659 -1768
J •
- Page 11
CIS. WE
AfITTIN
41
PRODUCER
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
COMPANY B
LETTER
INSURED
COMPANY C +
LETTER
IS TO•, •. U , O ABOVE 0•.••
INDICATED NOINAITISTANDING ANY REOLIFEMENT. TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIM THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE V*k WINCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS. AND CONDITIONS OF SUCH POLICES AND IS NOT AMENDED. EXTENDED OR ALTERED BY THIS CERTIFICATE
00
TYPE OF INSURANCE
POLICY NUMBER
UFECTNE
GATE
EXPIRATION
DATE
ALLY LIMITS IN THOUSANDS
GENERAL LIABILITY
GENERAL AGGREGATE
$
( OCCURANCE BASIS ONLY)
COMMERCIAL
PRODUCTS/COMPLETED
f
ED COMPREHENSIVE
OPERATIONS AGGREGATE
❑ ECONTRACTORS
PERSONAL INJURY
$
❑ CONTRACTUAL FOR SPECIFIC
CONTRACT
❑ PRODUCTS /COMPL OPER
C] XCU mATARDS
EACH OCCIIRANCE
S
❑ BROAD FORM PROP. DAMAGE
❑ SEVERABBJTY OF INTEREST
FIRE DAMAGE
f
CLAUSE
(ANY ONE FIRE)
❑ PERSONAL INJURY WRH
EMPLOYEE EXCLUSION
MEDICAL EXPENSES
f
REMOVED
MARINE
(ANY ONE PERSON)
AUTOMOBILE LIABILITY
COMBINED
f
COMPREHENSIVE
Yr
BODILY INJURY
f
OWNEO
(PER PERSON)
;.
BODLYINJURY
$
k '
HIFED
(PER ACCIDENT)
3
NON-OWNED
PROPERTY
DAMAGE
f
EXCESS LIABILITY
EACH
AGGREGATE
UMBRELLA FORM
OCCURRENCE
OTHER THAN UMBRELLA FORM'
f
$
STATUTORY
WORKERS' COMPENSATION
S
EACH ACCIDENT
AND
¢
DISEASE -POLICY LIMIT
EMPLOYERS' LIABILITY
f
DISEASE -EACH EMPLOYEE
LONGSHOREMEN% AND HARBOR
:r i
WORKERS' COMPENSATION
STATUTORY
-
-OF
DESCRIPTION OF OPERATiOtrAOCA7WNSNEHICLES MESTRICTIONS/SPECULL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITE' NEWPORT
BEACH BY OR ON BEHALF OF THE NAMED NSUFEO IN CONNECTION WITH THE FOLLOWING CONTRACT:
Irvine Avenue Rehabilitation between 16th Street and Santiago Drive
Irvine Avenue at Santiago Drive Intersection Improvements C -2641
PROJECT TITLE AM CONTRACT NUMBER
CERTIFICATEi OLDE
C "gNCELLATION `.
City of Costa Mesa S
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED.
CfIY OF NE"ORT BEACH
CANCEUED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE
P.O. BOX 1768
COMPANY AFFORDING COVERAGE SHALL PROVIDE 90 DAYS MIN. ADVANCE
3300 NEWPORT BLVD.
NOTICE TO THE CITY OF NEWPORT BEACH BY REGISTERED MAIL
NEWPORT BEACH, CA 92659 -1768
ATTENTION:
AUTHORIZED REPRESENTATIVE ISSUE DATE
:' . • •
Page 12
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 Costa Mesa and its elected
and appointed boards, officers, agents and employees, and the
City of Newport Beach, its officers and employees are
additional insureds, but only with respect to liability
arising out of operations performed by or on behalf of the
named 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 Costa Mesa or 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 contained in the written contract designated below,
between the named insured and the City of Costa Mesa or the
City of Newport Beach.,
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 insureds) named in Paragraph 1 of this endorsement
shall be the limits indicated below written on an "Occurrence"
basis:
(X) Commercial ( ) Comprehensive
General Liability $ 1,000,000, each occ
$ 2,000,000. aggregate
5/91
Page 12A
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, canceled 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.
Irvine Avenue at Santiago Drive Intersection Improvements
7. Designated Contract: Irvine Avenue Rehab. btwn._16th and Santiaqo Drive C -2641
This endorsement is effective 07 -18 -91 at 12:01 a.m.
and forms a part of Policy No. 906226322 of CNA INSURANCE COMPANIES
(Company Affording Coverage).
Insured: EXCALIB13R CONTRACTING, INC.
ISSUING COMPANY
By:
Authorized Representative
5/91
Endorsement No.: 071891
Page 13
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for Automobile Liability, the City of Costa Mesa and its
elected and appointed boards, officers, agents and employees,
and the City of Newport Beach, its officers and employees are
additional insureds, but only with respect to liability for
damages arising out of the ownership, maintenance or use of
automobiles (or autos) used by or on behalf of the named
insured in 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 Costa Mesa or 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
Bodily Injury Liability
Property Damage Liability
(g) Combined Single Limit
Bodily Injury Liability &
Property Damage Liability
5/91
per person
per accident
$ 1,000,000.
Page 13A
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage for all damages as the result of any one accident or
occurrence in excess of the limits of liability stated in the
policy as applicable to Automobile Liability Insurance.
4. Should the policy be non - renewed, canceled 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.
Irvine Avenue at Santiago Drive Intersection Improvements
5. Designated Contract: Irvine Avenue Rehab. btwn. 16th and Santiago Drive C -2641
This endorsement is effective 07 -18 -91 at 12:01 a.m.
and forms a part of Policy No. 706226323 of CNA INEiANCE COMPANTER
(Company Affording Coverage).
Insured: EXCALIBUR CONTRACTING. INC.
ISSUING COMPANY
By:
Authorized Representative
5791
Endorsement No.: 071891
•
Page 14
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self— insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
Date
C -2641
Contract Number
siv1
Irvine Avenue Rehabilitation between 16th Street and Santiago Drive
Irvine Avenue at Santiago Drive Intersection Improvements
•
THIS AGREEMENT, entered into this
19.f/, by and between the CITY OF NEWPOI
and
•
Page 15
lay 03. ,
h n r "City,"
hereinafter
Eollowinq facts:
A. City has heretofore advertised for bids for the following
described public work:
Irvine Avenue at Santiago Drive Intersection Improvements
Irvine Avenue Rehab. btwn. 16th and Santiago Drive C -2641
Title of 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
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of
the work for the construction of the following described
public work:
Irvine Avenue at Santiago Drive Intersection Improvements
Irvine Avenue Rehab. btwn. 16th and Santiago Drive C -2641
Title of Project Contract No.
which project is more fully described in the contract documents.
Contractor shall perform and complete this work in a good and
workmanlike manner, and in accordance with all of the contract
documents.
5/91
2. As full compensation for the performance and completion
of this work as prescribed above, City shall pay to
Contractor the sum of ed Two
Dollars ($ 632.402.70 ). Th s compensat onand 70/100
includes:
(a) Any loss or damage arising from the nature of the
work,
(b) Any loss or damage arising from any unforeseen
difficulties or obstructions in the performance of
the work,
(c) 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.
• •
Page 15A
3. All of the respective rights and obligations of City and
Contractor are set forth in the contract documents. The
contract documents are incorporated herein by reference
as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instructions to Bidders and documents referenced
therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsement(s)
(f) Plans and Special Provisions for Irvine Avenue at Santiago
Improvements, Irvine Rehab. at 16th C -2641
Title of Project Contract No.
(g) This Contract
(h) Standard Specifications of Public Works
Construction (current Edition) and all supplements
4. Contractor shall assume the defense of, pay all expenses
of defense and hold harmless, City and its officers,
employees and representatives from all claims, loss or
damage, injury and liability of every kind, nature and
description by reason of or arising out of the negligent
or willful conduct of the Contractor, his /her employees,
agents and subcontractors in the performance of the
Project, except such loss or damage caused solely by the
active 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 written above.
AS TO
5/91
CITY OF NEWPORT BEACH
A Municipal Corporation
M yor
Excalibur Contracting, Inc.
Name of Contractor
-
Author ed Signatfird an Title
ckley, Pres dent
A
CITY OF NEWPORT BBACB
PUBLIC WORSE DEPARTMEN
INDEX
FOR
1. IRVINE AVENUE REHABILITATION BETWEEN 16TH STREET AND
SANTIAGO DRIVE
2. IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION IMPROVEMENTS
CONTRACT NO. 2611
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . .
. . . 1
II.
SCHEDULE OF WORK AND COMPLETION. . . . . . . .
. . . 1
III.
LIQUIDATED DAMAGES . . . . . . . . . . . . . .
. . . 2
IV.
CONTRACTOR'S LICENSES . . . . . . . . . . . . .
. . . 2
V.
CONTRACT BONDS . . . . . . . . . . . . . . . .
. . . 2
VI.
LIABILITY INSURANCE . . . . . . . . . . . . . .
. . . 2
VII.
PAYMENT . . . . . . . . . . . . . . . . . . . .
. . . 2
VIII.
TRAFFIC LANE CLOSURES . . . . . . . . . . . . .
. . . 3
IX.
TRAFFIC CONTROL PLAN . . . . . . . . . . . . .
. . . 3
X.
"NO PARKING, TOW - AWAY" SIGNS . . . . . . . . .
. . . 5
XI.
NOTICE TO AFFECTED ADDRESSES . . . . . . . . .
. . . 6
XII.
STEEL PLATES . . . . . . . . . . . . . . . . .
. . . 6
XIII.
CONSTRUCTION SURVEY STAKING . . . . . . . . . .
. . . 6
XIV.
WATER . . . . . . . . . . . . . . . . . . . . .
. . . 6
XV.
CONSTRUCTION DETAILS . . . . . . . . . . . . .
. . . 6
A. Unclassified Excavation . . . . . . . . . .
. . . 6
B. Clear and Grub . . . . . . . . . . . . . .
. . . 7
C. Asphaltic Concrete Pavement. . . . . . . .
. . . 7
D. Walls. . . . . . . . . . . . . .
. . . 7
E. Portland Cement Concrete . . . . . . . . .
. . . 8
F. Utilities. . . . . . . . . .
. . . 8
G. Guard Underground Construction . . . .
. . . 9
H. Tree and Sprinkler System Removal. . . . .
. . . 9
I. Traffic Signal Loop Replacement. . . .
. . . 9
J. Traffic Striping and Pavement Markings . .
. . .10
• • SP 1 of 11
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTN.EN
1. IRVINE AVENUE REHABILITATION BETWEEN 16TH STREET AND
SANTIAGO DRIVE
2. IRVINE AVENUE AT SANTIAGO DRIVE IN
I.
CONTRACT NO. 2641
SPECIAL PROVISIONS
SCOPE OF WORK
The work to be done under this contract consists of
constructing street improvements including, but not
limited to, relocating traffic signal and pedestrian
signal poles; extending traffic signal arm; relocating
and rewiring traffic signal controls; relocating fire
hydrants and water main valves; raising manholes and
valve boxes to grade; relocating and constructing new
storm drain facilities; relocating median curbs;
reconstructing driveways, walkways, planters, mailboxes
and fences; removing curb and gutter; constructing new
curb, gutter and sidewalk; removing and disposing of AC,
AB and native materials along Santiago Drive and Irvine
Avenue; resurfacing; restriping; installing traffic
signal detector loops; and other related items of work.
All work necessary for the completion of this contract
shall be done in accordance with (1) these Special
Provisions; (2) the Plans (Drawing Nos. R- 5606 -5, R -5570-
S, R- 5632 -L, T- 5066 -5, T- 5097 -5, T- 5107 -5, T- 5384 -5, T-
5483-L, T- 5498 -5 and T- 5508 -5); (3) the City's Standard
(1988 Edition); and (4)
Edition, including
purchased at the Public
($5.00). Copies of th
purchased from Building
Los Angeles, California
blic Works Construction, (1988
lements to date). Copies of the
ions and Standard Drawings may be
Works Department for Five Dollars
Standard Specifications may be
News, Inc., 3055 Overland Avenue,
90034, telephone (213) 202 -7775.
II. SCHEDULE OF WORK AND COMPLETION
The Contractor shall submit a schedule of work to the
Engineer for approval a minimum of ten (10) working days
prior to commencing work. The schedule of work shall be
prepared in conformance with the requirements of Section
6 -11 of the Standard Specifications. No work shall begin
until the schedule has been approved by the Engineer.
All work under this contact shall be completed within
eighty (80) consecutive calendar days after the start of
work or before November 16. 1991. whichever occurs first.
' • • SP 2 of 11
Prior to the start of work, the Contractor shall
ascertain that all materials, such as the traffic signal
pole for the Irvine Avenue - Santiago Drive intersection
will be delivered, installed and fully operational during
the Contractor's selected period of construction.
III. LIQUIDATED DAMAGES
Commencing on the 80th consecutive calendar day after the
start of work or on November 16, 1991, whichever occurs
first, the Contractor shall pay to the City, or have
withheld from monies due the Contractor, the daily sum of
$500.00 in lieu of the daily sum of $100.00 specified in
Section 6 -9 of the Standard Specifications.
IV. CONTRACTOR'S LICENSES
At the time of bid and until completion of work, the
Contractor shall possess a General Engineering Contractor
A license. At the start of work and until completion of
work, the Contractor shall possess Business Licenses
issued by the City of Newport Beach and the City of Costa
Mesa.
V. CONTRACT BONDS
The Payment Bond and the Faithful Performance Bond shall
be maintained by the Contractor in full force and effect
for at least one (1) year following the date of filing
the Notice of Completion.
VI. LIABILITY INSURANCE
Liability insurance coverages shall be furnished in a
combined single limit policy with aggregated limits in
the amount of $2,000,000 in lieu of the $1,000,000
specified in Section 7 -3 of the Standard Specifications.
VII. PAYMENT
The unit or lump sum price bid for each item of work
shown on the proposal shall be considered as full
compensation for labor, equipment, materials and all
other things necessary to complete the work in place, and
no additional allowance will be made therefor.
Partial payments for Mobilization shall be made in
accordance with Section 10264 of the California Public
Contract Code.
Payment for incidental items of work not separately
provided for in the proposal (e.g., sawcutting, removals,
traffic control, trench shoring, protecting or replacing
property corners, preparing subgrade, etc.) shall be
included in the unit prices bid for related items of work.
• • SP 3 of 11
VIII. TRAFFIC LANE CLOSURES
Construction will require partial closures of Santiago
Drive between Irvine Avenue and Tustin Avenue to
accomplish street reconstruction (between Stations 0 +00
and 9 +50) and street overlay (between Stations 9 +50 and
12 +50). Additionally, construction will require partial
closure of the west side of Irvine Avenue from Santiago
Drive to approximately 700 feet south for street
widening.
Construction will require partial closure of Irvine
Avenue near 17th Street /Westcliff Drive to accomplish
storm drain and median island construction.
Additionally, resurfacing, restriping and traffic signal
loop replacement will require partial closures of Irvine
Avenue between 16th Street and Santiago Drive.
A minimum of one 10 -foot traffic lane in each direction
shall be maintained on Santiago Drive at all times except
when at least two (2) flagmen are employed to control 2-
way traffic in one 12 -foot traffic lane.
A minimum of one 15 -foot traffic lane shall be maintained
between 9:00 a.m. and 4:30 p.m. northbound and between
7:00 a.m. and 3:30 p.m. southbound on Irvine Avenue. Two
12 -foot traffic lanes shall be maintained in both
directions at all other times on Irvine Avenue.
Traffic lanes along 17th Street /Westcliff Drive may not
be closed except for resurfacing and restriping along
Irvine Avenue.
IX. TRAFFIC CONTROL PLAN
A. GENERAL
The Contractor shall submit traffic control plans
which conform with provisions of the WORK AREA
TRAFFIC CONTROL HANDBOOK (WATCH), 1990 Edition.
These traffic control plans shall be prepared
following the same sequence as the actual
construction and shall include the following:
1. The location and wording of all signs,
barricades, delineators, lights, warning
devices, temporary parking restrictions, and
any other details required to assure that all
traffic will be handled in a safe and
efficient manner with a minimum of
inconvenience to motorists, pedestrians or
bicyclists.
2. A complete and separate plan for each stage of
construction proposed by the Contractor
showing all items listed under 1. above.
B.
• • SP 4 of 11
Reopening all traffic lanes upon completion of
each day's work.
Plans shall be submitted to the Engineer for review
and approval a minimum of ten (10) working days
prior to commencing work.
No work requiring lane closures will be permitted
prior to approval of traffic control plans.
TRAFFIC CONTROL PLAN REQUIREMENTS
1. The Contractor shall provide safe and
continuous passage of pedestrian, bicycle and
vehicular traffic at all times.
2. Work shall be performed in logical segments,
with all work completed in each segment prior
to work starting in the next segment.
Construction outside of the roadway limits
may be allowed anytime with the approval of
the Engineer.
3. During all phases of construction within
roadway limits, delineators shall be provided
along vehicular traffic side(s) of working
areas, buffer areas, and at tapers. Warning
devices, warning signs, regulatory signs,
barricades with flashers, flashing arrow
signs, and flagmen shall be used and shall
conform to the approved traffic control plan
and the Work Area Traffic Control Handbook
(WATCH), 1990 Edition.
5. All tapers on Irvine Avenue shall be designed
for 45 MPH traffic and shall conform with
WATCH.
6. The position of all signs, barricades and
channelization devices shall be subject to
approval by the Engineer at all times.
7. All advance warning signs shall be 48" x 48"
minimum unless otherwise specified.
8. All advance warning sign installations shall
be reflectorized.
9. Traffic control plans shall illustrate the
method by which the Contractor would
channelize traffic through intersections. All
conflicting striping shall be sandblasted at
the Contractor's expense. Any temporary
striping shall be approved by the Engineer.
• • SP 5 of 11
10. The Contractor shall give constant attention
to the maintenance of signs, barricades and
channelization devices at all times during the
life of the project. The Contractor shall
provide to the Engineer a 24 -hour phone number
of the person responsible for maintaining
traffic control devices.
11. During non - construction hours, trenches and
excavations shall be bridged with steel plates
or backfilled and temporarily paved to permit
an unobstructed flow of traffic. Steel
plating shall conform with the standards
presented in the WATCH book.
12. The Contractor shall notify the Engineer three
(3) working days prior to effecting lane
closures or road construction. Said
notifications shall be made to the Engineer at
(714) 644 -3311 and (714) 633 -3344.
13. Existing street striping and signing removed
and /or damaged by the Contractor shall be
replaced upon conclusion of the project to the
satisfaction of the Engineer at no additional
cost to the City.
14. The Contractor shall coordinate temporary
discontinuation and relocation of bus service
and bus stops with the Orange County Transit
District staff three (3) weeks minimum in
advance of construction activity affecting bus
stops. (Contact Bill Batory, Administrator;
Stops and Zones, at (714) 999 -0762, extension
6133.)
X. "NO PARKING. TOW -AWAY" SIGNS
Where any restrictions mentioned necessitate temporary
prohibition of parking during construction, the
Contractor shall furnish, install, and maintain in place
"NO PARKING, TOW- AWAY" signs (even if streets have posted
"NO PARKING" signs) which he shall post at least forty
(40) hours in advance of the need for enforcement.
In addition, it shall be the Contractor's responsibility
to notify the City's Police Department, Traffic Division,
at (714) 644 -3740, for verification of posting at least
40 hours in advance of the need of enforcement.
The signs shall (1) be made of white card stock; (2) have
minimum dimensions of 12 inches wide and 18 inches high;
and (3) be similar in design and color to Sign No. R -38
of the Caltrans Uniform Sign Chart.
' "" • • SP 6 of 11
The Contractor shall print the hours, days and date of
closure in 2- inch -high letters and numbers. A sample of
the completed sign shall be approved by the Engineer
prior to posting. The Contractor shall only post streets
with the time and dates that disrupts parking and access.
Errors in posting "NO PARKING, TOW- AWAY" signs, false
starts, acts of God, strikes, or other alterations of the
schedule will require that the Contractor repost the "NO
PARKING, TOW - AWAY" signs.
%I. NOTICE TO AFFECTED ADDRESSES
Between 40 and 55 hours before restricting vehicular
access to driveways or parking spaces, the Contractor
shall notify each affected address as to when
construction operations will start and approximately when
vehicular accessibility will be restored.
BII. STEEL PLATES
If desired, the Contractor may reserve a limited quantity
of 1" thick 5' x 10' steel plates free of charge for use
on this project. The plates must be transported from and
to the City's Utilities Yard at 949 West 16th Street by
the Contractor. To determine the number of available
plates, the Contractor shall contact the Utilities
Superintendent, Ed Burt, at (714) 644 -3011.
X111. CONSTRUCTION SURVEY STARING
Field surveys for control of construction shall be the
responsibility of the Contractor. All such surveys,
including construction staking, shall be under the
supervision of a California registered civil engineer or
licensed surveyor. Staking shall be performed on all
items ordinarily requiring grade and alignment at
intervals required to achieve the tolerances specified in
the Standard Specifications. Payment for construction
survey staking shall be considered as included in the
various items of work and no additional allowance will be
made therefor.
%IV. WATER
If the Contractor elects to use City's water, he shall
arrange for a meter and tender a $500 meter deposit with
the City. Upon return of the meter in good condition tc
the City, the deposit will be returned to Contractor,
less a quantity charge for water usage.
8V. CONSTRUCTION DETAILS
A. UNCLASSIFIED EXCAVATION
Unclassified excavation includes the removal of the
existing pavement sections and native materials as
needed to place the new pavement sections and
is ..f` • •
SP 7 of 11
roadway improvements. Excavation related to storm
drain improvements is included with those various
storm drain improvement items.
B. CLEAR AND GRUB
Clear and grub shall include the removal and
disposal of all interfering vegetation, landscape
and irrigation improvements including, but not
limited to, removing sprinklers, shrubs, turf and
trees; cutting wood to 2' lengths per Subsection H;
capping existing sprinkler systems; removing
interfering portions of decorative brick paving;
removing one existing catch basin at,�rvine Avenue
Station 111+23, one existing grate s at Irvine
Avenue Station 60+41, and cleaning concrete
laitence and debris from the existing storm drain
at Irvine Avenue Station 109+90. Clear and grub
shall also include the relocation of 6 existing
mail box and post assemblies and existing signs as
shown on the plans, the reconstruction of one (1)
existing wall pilaster and 401± of existing wood
fence. Clear and grub also includes the general
site maintenance required to keep the project site
in a neat and orderly manner throughout
construction.
C. ASPHALTIC CONCRETE PAVEMENT
All surface course asphalt concrete shall be Grade
III C3- AR4000. All base course asphalt concrete
shall be Grade III B2- AR8000.
Asphalt concrete base course is defined as (1) the
asphalt required in pavement reconstruction areas
to bring the area flush with the adjacent existing
pavement and as (2) the asphalt required to bring
thick A.C. overlays to within 2" of the proposed
finished grade.
Asphalt concrete surface course is defined as (1)
the asphalt overlay placed on existing pavement
where the overlay required is 2" or less, as (2)
the asphalt overlay placed on A.C. base course at
pavement reconstruction areas (the surface course
overlay depth should match the adjacent proposed
overlays), and as (3) the asphalt overlay placed on
A.C. base course in thick overlay areas.
D. WALLS
Reinforcing steel shall be Grade 40 or 60.
All block shall be laid "running bond" and laid to
maintain vertical continuity of the cells.
~' r . r • • SP 8 of 11
All footings shall be poured directly against
competent undisturbed natural soil or fill
compacted to 90% minimum relative density.
Grout all cells solid.
Backfill shall not be placed until concrete, grout
and mortar have sufficiently cured to 28 day
minimum compressive strengths shown in the Standard
Specifications. Backfill behind walls, planters
and curbs shall be with clean native soil except as
specified otherwise on the Plans.
Retaining walls shall be sealed with mastic. Wall
drains shall be fabricated from Schedule 40 PVC,
using end caps and solvent - welded joints.
Perforations shall be in two (2) rows straddling
the flow line of the pipe at 300 each. Granular
backfill shall be No. 3 Concrete Aggregate
Gradation or 1" Crushed Rock Gradation.
Expansion joints shall be constructed at 60 ft.
max. O.C. with 1/2" air space between vertical wall
ends, and with continuous base concrete and steel.
Concrete block shall be gray 6 x 8 x 16 split face
1 side.
Payment for walls will be made per lump sum as
specified in the proposal.
E. PORTLAND CEMENT CONCRETE
F.
All exposed concrete surfaces shall conform in
grade, color and finish to match adjoining curbs,
walks, and other improvements. Concrete shall be
specified in Section 201 -1 of the Standard
Specifications.
Stamped concrete shall be as specified in Section
303 -6 of the Standard Specifications. Concrete
shall be placed over 4" minimum CAB or sand. Color
shall be brick red applied by Method A. Stamping
pattern shall be 4" x 8" running bond brick.
Existing underground utilities are shown per
available records on the widening portion of the
plans. only surface utilities have been shown on
the rehabilitation portion of the plans. The
Contractor shall be responsible for verifying the
actual location and elevation of the existing
utilities in the field prior to beginning
construction of the new facilities.
• SP 9 of 11
Adjustment to grade of gas meters, electrical and
telephone vaults, cable T.V. pullboxes, and any
other utility -owned facilities will be done by the
utility companies. Adjustment to grade of City -
owned facilities will be done by the Contractor as
called for in the construction notes and provided
in the Standard Specifications.
G. GUARD UNDERGROUND CONSTRUCTION
The Contractor shall obtain a permit to perform
excavation or trench work from the State of
California, Department of Industrial Relations
(Cal- OSHA), prior to any construction. The
Contractor shall also submit drawings to the
Engineer in accordance with Sections 7 -10.4 and 2-
5.3 of the Standard Specifications. All costs
incurred to obtain the permit, to comply with the
provisions of such permit, and to obtain the
Engineer's approval shall be included in the
various related items of work and no additional
allowance will be made therefore.
H. TREE AND SPRINKLER SYSTEM REMOVAL
The Contractor shall remove trees and sprinkler
systems as required for construction. Tree
removals at 1921 and 1929 Irvine Avenue and at 2201
Santiago Drive shall be cut up for the respective
homeowners. All wood stock greater than 2 -inch
caliper shall be cut to 2 -foot lengths and stacked
on the respective homeowner's property.
Along Irvine Avenue and Santiago Drive sprinkler
systems to remain shall be capped, and salvaged
sprinkler systems shall be placed on the respective
homeowner's property.
The Contractor shall notify the Engineer one (1)
week in advance of work in the median along Irvine
Avenue south of 17th Street (Westcliff Drive) so
that irrigation hardware may be salvaged by the
City of Costa Mesa in a timely manner.
Payment for Tree and Sprinkler System Removal will
be included in the bid item from Clear and Grub.
I. TRAFFIC SIGNAL LOOP REPLACEMENT
Drawing Nos. T- 5066 -5, T- 5384 -5, T- 5483 -L and a
portion of T- 5508 -5 are included in the Contract
Plans for the Contractor's information as to
locations of traffic signal detector loops.
The Contractor shall notify the Traffic Engineer
(714) 644 -3344 in an attempt to locate existing
traffic signal detection feed points at least two
working days prior to cold planing, street pavement
• •
SP 10 of it
reconstruction, curb and gutter reconstruction, or
any work which may damage existing traffic loops.
Once the City has confirmed the location of the
existing traffic signal detection feed points, the
Contractor shall avoid cold planing those areas.
Any detection devices located by the City which are
damaged as a result of cold planing or other
construction activity shall be repaired or replaced
at the Contractor's sole expense within five
working days.
Replacement or repair of damaged detection devices
shall be inspected by Signal Maintenance, Inc. at
(714) 630 -4900, at the Contractor's expense.
Signal Maintenance, Inc. shall provide a written
acceptance of their inspected work prior to the
Engineer's final inspection of the completed work.
Traffic signal loops damaged or destroyed by
Contractor shall be replaced per these drawings
within three (3) working days after completion of
underground work and /or cold planing at loop
locations. Damaged or destroyed loops shall be
immediately reported to the Engineer at (714) 644-
3344.
J. TRAFFIC STRIPING AND PAVEMENT MARKINGS
This item of work shall be done in accordance with
Section 210 -1.6, "Paint for Traffic Striping,
Pavement Marking and Curb Marking" and Section 310-
5.6, "Painting Traffic Striping, Pavement Markings,
and Curb Markings" of the Standard Specifications,
except as supplemented or modified below.
Paint for traffic striping and pavement markings
shall be white Formula Number 2466 -A9 and yellow
Formula Number 2467 -A9 as manufactured by J.E.
Bauer Company or approved equal, except that
thermoplastic traffic striping and pavement
markings shall be Alkyd type and be installed per
plan by the Contractor in accordance with Section
84 -2 " Thermoplastic Traffic Stripes and Pavement
Markings" of the Caltrans Standard Specifications.
Thermoplastic shall be warranted by the Contractor
against blistering, bleeding, excessive cracking,
staining, discoloring, shipping, and poor adhesion
for one year.
Delete paragraph 1 of Subsection 310 - 5.6.7,
"Layout, Alignment and Spotting" of the Standard
Specifications and add the following:
The Contractor shall perform all layout,
alignment and spotting. The Contractor shall
be responsible for the completeness and
G ' a+ • .
SP 11 of li
accuracy of all layout alignment and spotting.
Traffic striping shall not vary more than 1/2
inch in 40 feet from the alignment shown in
the plans.
The Contractor shall mark or otherwise
delineate the new traffic lanes and pavement
markings within 24 hours after the removal or
covering of existing striping and markings.
No street shall be without the proper striping
over a weekend.
If the Contractor fails to perform striping as
specified herein, the Contractor shall cease all
other contract work until the striping has been
properly performed. Such termination of work shall
require that the Contractor reinstall "NO PARKING,
TOW- AWAY" signs and renotify residents in
accordance with Sections VI.B and C herein,
respectively, at the Contractor's sole expense.
If the Contractor removes or covers or damages
existing striping or raised pavement markers
outside of the work area he shall re- stripe or
replace the striping or pavement markers at his
expense.
New raised pavement buttons and markers shall be
provided and installed per plan by the Contractor
in accordance with Section 85 "Pavement Markers" of
the Caltrans Standard Specifications, except the
raised pavement markers for location of fire
hydrants shall conform to City of Newport Beach
Std. - 902 -L.
Traffic stripes and pavement markings shall be
applied in two coats except as specified otherwise
below. The first coat of paint shall be dry before
application of the second coat. At lease one (1)
application of paint shall be applied to all
striping and markings within 24 hours after the
asphalt concrete overlay.
Where raised pavement markers are to be placed on
painted stripes, only one application of paint is
required. The raised pavement markers to be
installed must be installed between fifteen (15)
and thirty (30) days after the asphalt concrete
overlay, and shall be placed directly over
striping.
Previously dated traffic striping and pavement
marking plans listed herein under Section I. Scope
of Work and included with the construction plans
shall be used as plans for traffic striping and
pavement markings on this project.
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
IRVINE AVE_ AND WESTCLIFF/
17th STREET
.notes
0 40
DRAWN ?6, DATE iZ-tg'yy
APPROVED
TRAFFIC ENGINEER
R.E. NO. —
DRAWING NO. T- 574 8 3 — L
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
IRVINE AVE. AND WESTCLIFF/
17th STREET
TRAFFIC LOOP REPLACEMENT
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II C -2641
CITY OF NEWPORT BEACH DRAW" JW DATE 727/90
PUBLIC WORKS DEPARTMENT AWROVED
MODIFIED DRIVEWAY APPROACH PUBLIC WORKS OIRECTQR_ _
R.E. N0.
220't NORTH OF SANTIAGO DRIVE
DRAWING NO. R- 8632 -L
•
•
0
TO: City Council
0
FROM: Public Works Department
June 24, 1991
CITY COUNCIL AGENDA
NO. F-3(d)
SUBJECT: IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION
IMPROVEMENTS, AND IRVINE AVENUE REHABILITATION BETWEEN
16TH STREET AND SANTIAGO DRIVE (C -2641)
1. Waive the irregularity in the bid proposal of Excalibur
Contracting, Inc. as inconsequential, and accept their
bid.
2. Award Contract No. 2641 to Excalibur Contracting, Inc.
for a total bid price of $632,402.70, and authorize the
Mayor and the City Clerk to execute the contract.
DISCUSSION:
At 11:00 A.M. on June 13, 1991, the City Clerk opened
and read the following bids for this project:
BIDDERS TOTAL BID PRIC
Low Excalibur Contracting, Inc. $632,402.70
2 Gillespie Construction, Inc. 637,857.50
3 Excel Paving Company 676,652.09
4 Clayton Engineering, Inc. 684,676.20
5 R.J. Noble Company 684,721.65
6 Damon Const. Company 718,455.50
7 Griffith Company 740,190.00
8 Sully- Miller Contracting Company 770,831.24
The low total bid price is 4% below the Engineer's
Estimate of $660,000. The low bidder, Excalibur Contracting,
Inc., is a well - qualified general engineering contractor who has
not performed previous contract work for the City. However, a
check with their experience references and the State Contractor's
License Board has shown that Excalibur has successfully completed
projects of a similar nature for other Southern California
agencies and has no pending actions detrimental to their
contractor's license, respectively.
Excalibur did not execute and attach a copy of Addendum
No. 1 to their bid proposal as required by the addendum.
Pv
Subject: Irvine A ue at Santiago Drive Intimection
Improvements, and Irvine Avenue Rehabilitation between
16th Street and Santiago Drive (C -2641)
June 24, 1991
Page 2
• However, inasmuch as Excalibur did write "Addendum No. 1 noted"
on P.1 of their bid proposal, and since the content of Addendum
No. 1 was only to further detail an item of work already
specified on the plans, staff recommends that Excalibur's
irregularity be waived as inconsequential and that their bid
proposal be accepted.
The 2nd low bidder, Gillespie Construction, Inc., has
verbally protested award to Excalibur because of the above
irregularity. However, Gillespie's bid also contained an
irregularity in that Gillespie did not comply with the
"Disadvantaged Business Enterprise" (DBE) requirements. It is
staff's opinion that this is a material irregularity inasmuch as
failure to comply with the DBE requirements could have a
significant effect on the competitive bidding process. Thus
Gillespie is not eligible for award.
The 3rd low bidder, Excel Paving Company, has protested
(copy attached) award to either the low bidder or the 2nd low
bidder because of the irregularities in their bids. A copy of a
report from the City Attorney is attached containing a
• comprehensive discussion of the bid protest and of irregularities
in the public bid process.
This project provides for widening of
between Irvine Avenue and Tustin Avenue, widenin,
intersection of Irvine Avenue at Santiago Drive,
rehabilitation, minor alteration and resurfacing
and Santiago Drive as explained in detail on the
regarding Agenda Item J -4 of May 13, 1991.
Staff proposes that funds for award be
the following accounts:
Santiago Drive
3 the
and
of Irvine Avenue
attached memo
encumbered from
Account No. Description Amount
02- 3397 -432 Irvine /Santiago Intersection Improv. $334,521.75
02- 3397 -529 Irvine Ave. Rehab. -16th to Santiago 365.478.25
TOTAL $700,000.00
Note: The total amount above includes an allowance of
• approximately 11% for contingencies.
�gt,tlq � lyWw�
en3amin B. Nolan
Public Works Director
LD:so
Attachments
i
May 13, 1991
CITY COUNCIL AGENDA
• ITEM NO. J -4
71DDZIWUK NO. 1
TO: City Council
FROM: Public Works Department
SUBJECT: IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION
IMPROVEMENTS, AND IRVINE AVENUE REHABILITATION BETWEEN
16TH STREET AND SANTIAGO DRIVE (C -2641)
RECOMMENDATIONS:
1. Authorize the Mayor and the City Clerk to execute
a cooperative agreement with City of Costa Mesa.
2. Affirm a the Notice of Categorical Exemption and
the Negative Declaration of Environmental Impact.
3. Confirm the decision to construct curb and gutters
and a driveway approach by Assessment Act
procedure.
• 4. Advertise for bids to be opened at 11:00 A.M. on
June 13, 1991.
DISCUSSION:
At the time the agenda was assembled, the staff had a
tentative agreement with Mr. and Mrs. Dunlap concerning the
purchase of access rights to Irvine Avenue and the reconstruction
of their garage to a new location on Santiago Drive. On Tuesday
afternoon, May 7, 1991, Mr. Dunlap called to say that the $41,000
offer was not sufficient, and he requested substantial additional
compensation. The staff has reviewed the request and feels that
added compensation cannot be justified. The plans have been
revised to provide drive access to the existing garage by
modifying sidewalk and street grades.
The staff has indicated to the Dunlaps that, if they
wish to change their minds in the next two to three weeks, the
City still desires to acquire the access rights and can
accommodate the plan revisions. Approval of the Access Rights
Agreement and Resolution of Intent to Condemn are not needed at
this time, and need to be removed from the recommendations for
this item.
1J, g4
Benjamin B. Nolan
Public Works Director
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•
•
TO: City Council
FROM: Public Works Department
0
May 13, 1991
CITY COUNCIL AGENDA
ITEM NO. J-4
SUBJECT: IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION
IMPROVEMENTS, AND IRVINE AVENUE REHABILITATION BETWEEN
16TH STREET AND SANTIAGO DRIVE (C -2641)
RECOMMENDATIONS:
1. Authorize the Mayor and the City Clerk to execute
a cooperative agreement with City of Costa Mesa.
2. Affirm a the Notice of Categorical Exemption and
the Negative Declaration of Environmental Impact.
3. Confirm the decision to construct curb and gutters
and a driveway approach by Assessment Act
procedure.
4. Authorize the Mayor and the City Clerk to approve
an agreement for the acquisition of access rights.
5. Adopt a Resolution of Intent to Condemn.
5. Advertise for bids to be opened at 11:00 A.M. on
June 13, 1991.
DISCUSSION:
The current budget contains 2 appropriations for
improvements to Irvine Avenue and Santiago Drive within limits
shown on the attached Location Map.
The improvements to Santiago Drive are between Irvine
Avenue and Tustin Avenue and include 1) constructing original
curb and gutter at four locations, 2) reconstructing
approximately 1/2 of the length of the southerly curb and gutter,
and 3) reconstructing approximately 2/3 of the roadway and
resurfacing the remaining 1/3.
• The original curb and gutter construction is being
built using assessment procedures (see attached March 28, 1988,
Agenda Item No. D -4). The reconstruction of approximately 1/2 of
the southerly curb and gutter will provide for a uniform 40'
street width (in lieu of the present 38' width), and will also
replace substandard and defective curb and gutter and provide
extra street width at Irvine Avenue for an additional turn lane.
0
E
Subject: Irvine Avenue at Santiago Drive Intersection
Improvements, and Irvine Avenue Rehabilitation between
16th Street and Santiago Drive (C -2641)
• May 13, 1991
Page 2
The roadway reconstruction /resurfacing will eliminate excessive
roadway crown and will provide an adequate roadway strength for
future traffic volumes.
The improvements to Irvine Avenue are between 16th
Street and Santiago Drive and include 1) widening along the
southwesterly side of the Santiago Drive intersection, 2)
realigning curb and gutter and sidewalk southwesterly of Windward
Lane; 3) constructing curb access ramps and storm drain inlets at
various locations, 4) reconstructing a portion of the median
southerly of 17th Street, and 5) rehabilitating, resurfacing and
restriping pavement between 16th Street and Santiago Drive.
The widening along the westerly side of Irvine Avenue
at Santiago Drive will eliminate the present "bottleneck" at the
intersection. The work includes demolition and reconstruction of
curb and gutter, sidewalks, driveway approaches, storm drain
inlets, walls, and driveways near the intersection. Portions of
• 2 parcels were acquired for this work (see attached January 22,
1990 Agenda Item No. F -11). A traffic signal pole and many of
its detector loops will also be replaced.
The widening also affects garage access to 2201
Santiago Drive, owned by Mr. and Mrs. Kent Dunlap. In 1973 their
parcel was subdivided, and a right -of -way dedication of 8 feet
was required on Irvine Avenue and a 10 foot dedication on
Santiago Drive. The proposed widening utilizes the 8 foot
dedication on Irvine Avenue. The property line is now 12 feet
from the garage door, and the new back of sidewalk elevation
averages approximately 2 feet below the garage floor elevation.
Convenient and safe access to and from the existing
garage from Irvine Avenue cannot be maintained when the street is
widened. Staff retained an architect to look at moving the
garage or constructing a new garage that would take access from
Santiago Drive. An agreement has been reached with the property
owners to acquire the vehicular access rights to all but the
southwesterly 6 feet of the Irvine Avenue frontage. Under the
agreement, the Dunlaps are provided a lump sum payment of
• $41,000.00 to compensate them for loss of access rights and for
construction of a new garage that takes access from Santiago
Drive. The $41,000 will come from the currently budgeted gas tax
account for acquiring street right -of -way (18- 3341 -003). The
Dunlaps, by separate agreement with the adjoining property owner,
have obtained the right to use the adjoining driveway to gain
•
r
Subject: Irvine Avenue at Santiago Drive Intersection
Improvements, and Irvine Avenue Rehabilitation between
16th Street and Santiago Drive (C -2641)
• May 13, 1991
Page 3
access to their Irvine Avenue side yard for secondary visitor
parking. The Dunlaps are allowing the neighbor's drive to be
widened by 2 feet onto their property to improve access to both
sites. The City will construct a flared commercial -type drive
approach to improve site access.
The agreement with the Dunlaps also provides for a
Resolution of Intent to Condemn for the acquisition of access
rights. They have requested the resolution for tax reasons, and
agree with the proposed City settlement and agreement.
Curb, gutter and sidewalk southwesterly of Windward
Lane will be realigned to provide a smoother transition where
Irvine Avenue now abruptly narrows. Curb access ramps are being
added at the Santiago Drive intersection and northerly thereof to
accommodate certain handicapped persons and bicyclists. Storm
drain inlets are being added along Santiago Drive near the Irvine
Avenue intersection, and an inlet is being added to the Irvine
• Avenue median southerly of 17th Street to remove surface flows
and ponding.
The same median is also being remodeled to provide
additional storage for northbound vehicles turning left onto 17th
Street. The median, which belongs to the City of Costa Mesa,
will be paved with stamped concrete to eliminate landscape
maintenance responsibilities. And finally, Irvine Avenue between
16th Street and Santiago Drive will be reconstructed and repaved
as needed to provide a maintenance -free roadbed for at least 10
years.
The Irvine Avenue at Santiago Drive Intersection
improvements and the work along Santiago Drive is a City project
with partial funding from Caltrans' State -Local Transportation
Partnership Program. A Negative Declaration of Environmental
Impact has been approved by the Environmental Affairs Committee
and, upon affirmation, will be filed with the County Clerk.
The work in Irvine Avenue is being performed in a
cooperative project with the City of Costa Mesa. Since the City
• of Newport Beach is the lead agency, staff has prepared 1) a
Notice of Categorical Exemption, 2) submittals to Caltrans for
State -Local Transportation Partnership Program funding, 3) a
cooperative agreement for execution by the two cities, and 4)
plans, specifications, estimates, reports, utility notices and
communications for the joint project. The Notice of Categorical
Exemption has been approved by the Environmental Affairs
Committee and, upon affirmation, will be filed with the County
Clerk.
0
Subject: Irvine Avenue at Santiag o
Improvements, and Irvine
16th Street and Santiago
• May 13, 1991
Page 4
0
Drive Intersection
Avenue Rehabilitation between
Drive (C -2641)
Caltrans has accepted our resolutions for the City's
project and for the cooperative project (copies attached), and
will fund approximately 21% of eligible construction and contract
administration costs. The final determination of the State's
payment will be based upon the lesser of 1) staff's original
project estimates, 2) the award amounts, or 3) the actual
construction amounts.
In accordance with Caltrans requirements, the bid
documents stipulate that the Contractor conform with a local
Disadvantaged Business Enterprise (DBE) program. Inasmuch as the
City has not adopted such a program, the bid documents include a
10% DBE contract participation goal, which should be readily
achieved through the selection of subcontractors and suppliers
for the project.
The cooperative agreement was approved by the City of
Costa Mesa on October 15, 1990. It requires Costa Mesa to repay
us, upon award, for engineering, construction and contract
administration. Costa Mesa's estimated share of construction
cost is $200,000 approximately; that is, approximately 50% of the
Engineer's estimate for the rehabilitation of Irvine Avenue and
30% of the Engineer's estimate for the total contract.
The Engineer's Estimate is $660,000, which may be broken
into the following components (approximately):
City of Newport Beach
State's 21%
City of Costa Mesa
State's 21%
Subtotals
Irvine Ave. Rehab. Irvine at Santiago Imor.
$158,000 $205,400
42,000 54,600
158,000 -0-
42.000 -0-
$400,000 $260,000
Sufficient funds have been appropriated in the current
budget to award this amount.
Upon completion of work, staff will prepare a final report
of costs, and payment adjustments will be made between the Cities and
the State.
41
•
•
0 •
Subject: Irvine Avenue at Santiago Drive Intersection Improvements,
and Irvine Avenue Rehabilitation between 16th Street and
Santiago Drive (C -2641)
May 13, 1991
Page 5
Staff has also prompted various utility companies to replace
aged facilities and to relocate water, electric, gas, telephone and
cable television services to clear the City's proposed construction.
It appears that all such replacement and relocation will be completed
prior to our anticipated award date of June 24, 1991.
Plans, specifications and Engineer's estimate for the
project were prepared by Norris - Repke, Inc.
All work under this contract is
consecutive calendar days after the start
November 15, 1991, whichever occurs first.
05/3a
Benjamin B. Nolan
Public Works Director
LD:so
Attachments - Location Map
Council Memo (March
Resolution 89 -70
Resolution 89 -163
to be completed within 80
of construction, or by
28, 1988)
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. • 0
EXCEL PAVING COMPANY
A GENERAL ENGINEERING CONTRACTOR
STATE LICENSE NO. 409208 A
• JUNE 14, 1991
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BLVD.
P.O. BOX 1768
NEWPORT BEACH, CA., 92659 -1768
ATTN: LLOYD DALTON
RE: IRVINE AVE. AT SANTIAGO DRIVE INTERSECTION
CONTRACT C -2641
P.O. BOX 16405
LONG BEACH, CA 90806 -5195
(213) 599 -5841
SUBJECT: BID PROTEST; REQUEST REJECTION OF FIRST AND SECOND
BIDS AND AWARD TO EXCEL
GENTLEMEN:
AS WE DISCUSSED IN TODAY'S TELEPHONE CONVERSATION WITH THE
• CITY, EXCEL PAVING COMPANY (EXCEL) IS HEREBY REQUESTING THAT
THE CITY OF NEWPORT BEACH (CITY) REJECT THE APPARENT LOW
BIDDER, EXCALIBUR AND THE SECOND BIDDER GILLESPIE AS BEING
NON - RESPONSIVE AND THAT THE LOWEST RESPONSIVE BIDDER, EXCEL
BE AWARDED THIS CONTRACT.
THE BASIS FOR THE REJECTION OF THEIR BIDS SHOULD BE FOR THE
FOLLOWING REASONS:
1. THE FIRST BIDDER FAILED TO ATTACH THE REQUIRED ADDENDUM.
THE ADDENDUM CLEARLY STATES "NO BID PROPOSAL WILL BE
ACCEPTED WITHOUT ADDENDUM NO. 1 BEING EXECUTED AND
ATTACHED THERETO ". ON THIS BASIS ALONE, THIS BID IS NON
RESPONSIVE (SEE ENCLOSURE).
2. THE SECOND BIDDER FAILED TO INCLUDE A LIST OF THE
REQUIRED DBE PARTICIPANTS IN HIS BID PROPOSAL. ALL OTHER
BIDDERS ATTACHED THIS INFORMATION AS A SEPARATE SHEET TO
THEIR PROPOSAL. THE BID PROPOSAL REQUIRES THAT ALL DBE
INFORMATION MUST BE SUBMITTED WITH THE BID PACKAGE,
OTHERWISE BIDS WILL BE CONSIDERED INCOMPLETE WITHOUT THIS
• INFORMATION.
3. THE ISSUE BEFORE THE CITY HERE IS THE ENFORCEMENT OF DBE
REQUIREMENTS AT THE TIME OF THE BID. PUBLIC AGENCIES
HISTORICALLY DO NOT ALLOW CONTRACTORS TO MODIFY IN ANY
SAY THEIR PROPOSAL ONCE THE BID HAS BEEN SUBMITTED.
4. THIS IS A FEDERAL -AID DBE PROJECT. OTHER CITY AGENCIES
FEQUIR£ CONTRACTORS TO COMPLY STRICTLY WITH DBE LISTING
FULES ON FEDERAI, JOBS, OTHERWISE THEY COULD LOOSE THEIR
FEDERAL FINANCING FOR THE PROJECT.
• 0
PAGE 2 OF 3
CITY OF NEWPORT BEACH
BID PROTEST - IRVINE AVE.
JUNE 14, 1991
5. THE FIRST AND SECOND BIDDERS SHOULD THEREFORE BE
TO PLAY BY THE SAME SET OF RULES AS OTHER PRIME
CONTRACTORS WHO WERE NOT AWARDED PUBLIC CONTRACT
SAME REASONS.
EXPECTED
FOR THE
6. COMPETITIVE BIDDING STATUTES WERE INSTITUTED TO INSURE.
THAT THE BIDDING PROCESS DOESN'T AFFORD AN ADVANTAGE TO
ONE BIDDER WHICH WOULD RESULT IN THE OTHER BIDDERS BEING
PLACED ON AN UNEQUAI. FOOTING. ALLOWING A BIDDER TO
SUPPLY THIS INFORMATION AFTER THE BID WOULD GIVE THEM A
"SECOND BITE AT THE APPLE" WHICH OTHER BIDDERS HAVE NOT
BEEN AFFORDED BY PUBLIC AGENCIES IN SIMILAR
CIRCUMSTANCES.
7. IN ORDER FOR THE CITY TO BE ABLE TO ALLOW A FILING OF THE
DBE INFORMATION AFTER THE BID, THE CONTRACT ITSELF MUST
SPECIFICALLY STATE 90. THIS CONTRACT DOES NOT STATE
• SUCH.
THEREFORE, THE NORMAL AND REASONABLE INTERPRETATION IS
THAT THE DBE INFORMATION GIVEN BY EACH BIDDER MUST BE
SUBMITTED IN THEIR INITIAL BID PROPOSAL.
IF THE CITY ALLOWS A CONTRACTOR TO FURNISH THIS
INFORMATION UP TO THE TIME THE CONTRACT IS AWARDED, TO BE
CONSISTENT, THE CITY MUST ALLOW OTHER CONTRACTOR'S BID
PROPOSALS TO BE ACCEPTED OR EVEN SUBMITTED UP UNTIL THE
TIME THE CONTRACT IS AWARDED. THIS OBVIOUSLY WOULD NOT
BE A REASONABLE INTERPRETATION IN EITHER CASE.
8. PUBLIC AGENCIES HAVE A DUTY TO ADMINISTER THE DBE PROGRAM
IN A FAIR AND CONSISTENT BASIS BASED ON NORMAL INDUSTRY
STANDARDS SO THAT ALL BIDDERS ARE KEPT ON AN EQUAL
FOOTING. THE CITY CANNOT INTERPRET THE SPECIFICATIONS OF
ADMINISTER THE DBE PROGRAM IN AN ARBITRARY MANNER - IT
MUST BE CONSISTENT WITH OTHER CITY'S INTERPRETATION OF
THE SAME SPECIFICATION LANGUAGE AND INDUSTRY STANDARDS OF
INTERPRETATION.
• IF PUBLIC AGENCIES ARE NOT CONSISTENT BASED ON PRIOR
PRECEDENT, CONTRACTORS WHO HAVE LOST THE AWARD OF
PROJECTS FOR SUCH WOULD HAVE A BASIS FOR INITIATING
LEGAL ACTION FOR LOST ANTICIPATED PROFITS AGAINST THE
SUBSEQUENT OFFENDING AGENCY.
0 0
PAGE 3 OF 3
CITY OF NEWPORT BEACH
BID PROTEST - IRVINE AVE.
• JUNE 19, 1991
WHILE THE CALIFORNIA SUB LISTING LAWS ALLOWS
SUBSTITUTIONS IN CASES WHERE THE SUBCONTRACTORS WERE
LISTED IN THE PROPOSAL, THE ISSUE HERE IS THE DBE
REQUIREMENTS AT THE TIME OF BID AND NOT THE SUBSTITUTION
PROVISIONS OF THE CALIFORNIA SUBCONTRACTOR LISTING LAWS.
10. OTHER PUBLIC AGENCIES HAVE AWARDED TO THE NEXT LOWEST
RESPONSIVE BID STRICTLY OVER SUCH DBE VIOLATIONS. FOR
EXAMPLE, THE CITY OF LOS ANGELES HAS CONSISTENTLY
PROCLAIMED, "THE SOLE ISSUE BEFORE THE BOARD IS THE RIGID
ENFORCEMENT OF THE DBE REQUIREMENTS AT THE TIME OF BID,
IRRESPECTIVE OF THE SAVINGS TO THE CITY ON THIS PROJECT
SHOULD WE AWARD TO THE APPARENT LOW BIDDER. THE CITY IS
MORE CONCERNED WITH THE LONG RANGE EFFECTS OF POTENTIALLY
UNDERMINING THE DBE REQUIREMENTS"
IN LIGHT OF THE ADDENDUM AND DBE VIOLATIONS OF THE FIRST AND
SECOND BIDDERS, OTHER PUBLIC AGENCY'S INTERPRETATION AND
ADMINISTRATION OF SUCH, AND ALSO COMPLYING WITH THE
COMPETITIVE STATUTES, THEIR BIDS SHOULD BE REJECTED AS NON-
RESPONSIVE AND AWARD OF THIS PROJECT SHOULD BE TO EXCEL
PAVING COMPANY AS THE LOWEST RESPONSIVE BID.
SINCERELY YOURS,
EXCEL PAVING COMP Y
Yl
/ARK ELLIOTT
/PROJECT MANAGER
cc:BO3 BURNHAM, CITY ATTORNEY
wl
0
A goal of 10% of
u.Leadvantaged Business
project.
Page 7
Total Bid Price has been established for
Enterprise (DBE) participation for this
The Contractor shall make a sufficient portion of the work
available to subcontractors and suppliers and select those portions
of the work or material needs consistent with the available DBE
subcontractors and suppliers, so as to assure meeting the DBE goal
as mandated by the Department of Transportation (Caltrans). in
particular:
1. A DBE must be a small business concern.
2.
A DBE may participate as a prime contractor,
subcontractor, joint venture partner with a prime
subcontractor, or vendor of material or supplies.
3.
A DBE joint venture partner must be responsible for a
clearly defined portion of the work to be performed, in
addition to satisfying requirements for ownership and
•
control.
4.
A DBE must perform a commercially useful function; i.e.,
must be responsible for the execution of a distinct
element of the work and must carry out its responsibility
by actually performing, managing and supervising the
work.
S.
Credit for a DBE vendor of materials or supplies is
limited to 20 percent of the amount to be paid to the
vendor for the material unless the vendor manufactures or
substantially alters the goods.
6.
A DBE must be a Caltrans- certified DBE on the date bids
for the project are opened before credit may be allowed
toward the DBE goal. The Caltrans DBE directory
identifies DBEs which have been certified.
Noncompliance by the Contractor with these DBE requirements
constitutes a breach of this contract and may result in termination
of the contract or other appropriate remedy for such breach.
The award of contract, if it be awarded, will be to the lowest
responsible bidder whose proposal complies with all the
requirements prescribed and who has mst the goals for DBE
participation or has demonstrated, to the satisfaction of the City,
good faith effort to do so.
Each proposal shall include the bidder's DBE information. The
bidders DBE information shall establish that the DBE goal will be
met or that a good faith effort to meet the goal has been made.
EM
•
•
•
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT •
IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION
IMMOVEMENTS, AND IRVINE AVENUE R111ABILITATION
BETWEEN 16TH STREET AND SANTIAGO DRIVE
JUNE 121 1991
NOTICE TO BIDDERS:
BIDDERS shall propose to complete Contract No. 2641 in accordance
with plans, proposal, contract documents and special provisions
as modified by this Addendum No. 1.
The following changes are hereby made to the Special Provisions:
SP 7 of 11
C. &SPHALTIC CQJJCRETE kh==
wD crack eealina - All.ezisting pavaaeat cracks 1/4N or
greater in width shall be cleaned, filled and sealed to
*Minting pavement level with Polyfi*M 3 manufactured by
Crafoo Inc. or equal approved by the snginser.
gzisting cracks to be sealed'°shall be cleaned of all
loose material, vegetation, dirt, moisture, *to., using
sandblasting, brushing, sir blowing or any other method
of cl*aaing as approved by the Engineer.
No separate payment will'be mad* for craok e*aling.
Compensation shall be included in the price paid for
related items of work.
Execute nd date this Addendum -No.
proposatD >'No bid proposal will be
No. .1 being executed and attached
Benjamin B. Nolan
Public Works Director
i and attach it to your bid
accepted without Addendum
thereto. N
I have carefully examined Addendum No. 1 and hereby consent to it
being made a part of our proposal.
Bidder `s Name
Authorized Signature
Date
C
• 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
June 19, 1991
TO: Mayor and Members of the City Council
FROM: Robert H. Burnham
SUBJ: Contract C -2641
Bid Protest
A. Introduction.
This Memo provides a general overview of the law relative to the
waiver of irregularities in bids for Public Works contracts and an
• analysis of the specific facts relative to the award of Contract C-
2641. In summary, the apparent low bidder failed to execute and
attach "Addendum No. 1" per instructions and the apparent second
low bidder failed to include a required list of disadvantaged
business enterprises (DBE or DBE's).
We believe the options available to the City Council are:
1. Declare the failure to execute the "Addendum No. 1" to be in
irregularity and waive same;
2. Declare the bids submitted by the first and second apparent
low bidders unresponsive and award to the third apparent low
bidder; or
B. The Law.
The Newport Beach City Charter requires Public Works contracts in
• excess of $30,000 be awarded to the lowest responsible bidder. In
this regard, the Charter is similar to provisions of State law
which govern the award of Public Works contracts by general law
cities. Pursuant to the Charter, the City Council has the
authority to determine who is the lowest responsible bidder and
whether a particular bid complies with instructions and
specifications.
1L'
•
• 0
Mayor & City Council Members
June 19, 1991
Page 2.
As a general rule, the Council should award a contract only to one
whose bid responds, or substantially conforms, to the advertised
terms, plans and specifications. However, the Council may award to
one whose bid departs from specifications or instructions only in
certain details so long as the variance did not affect the amount
of the bid nor give the bidder an advantage over competitors. The
City Council, in the instructions to bidders, specifically
"reserves the right to reject any or all bids and to waive any
minor irregularity or informality in such bids."
C. Analysis.
1. Excalibur - (Apparent Low Bidder).
on June 12, 1991, the Public Works Department notified bidders of
an Addendum to Special Provision No. 7. The Addendum specified the
size of pavement cracks that were to be filled and the method of
• repair. According to the Addendum:
"No separate payment will be made for crack sealing.
Compensation shall be included in the price paid for
related items of work."
Bidders were also instructed to:
"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."
Excalibur did not attach a dated and executed Addendum No. 1 to
their bid. However, Excalibur did indicate "Addendum 1 noted" on
the face of their bid and the bid is otherwise properly executed.
This office believes the City can require Excalibur to perform the
crack sealing identified in Addendum No.l if they are awarded the
• contract. Their bid was submitted after publication of Addendum
No. 1 and they acknowledge its provisions. No special payment is
to be made for the work identified in Addendum No. 1, so Excalibur
cannot claim the right to additional compensation. The absence of
any provision for special payment means Excalibur's failure to
execute Addendum No. 1 could not have affected the amount of its
bid, nor can we envision a scenario whereby Excalibur's method of
acknowledging the Addendum gave them a competitive advantage over
other bidders.
•
• •
Mayor & City Council Members
June 19, 1991
Page 3.
We are recommending the Council determine the failure to execute
Addendum No. 1 is a minor variance that should be waived and the
contract awarded to Excalibur. However, we have prepared
appropriate findings (Exhibit "B ") if the Council determines that
there is a material variance and that award to Excalibur could have
an adverse impact on the public contract bid process.
2. Gillespie.
Gillespie is the apparent second low bidder and contests staff's
recommendation to award to Excalibur. However, Gillespie failed to
comply with the DBE requirements adopted by the City and mandated
by the Department of Transportation. On projects funded with State
or Federal money, the City requires ten percent (100) of the total
bid price to be performed by DBE subcontractors or suppliers.
Compliance with this requirement may be waived if the contractor
• demonstrates it has made a good faith effort to meet the City's
goal. The DBE requirements are clearly specified on Pages 7 and 8
of the Instructions to Bidders for Contract 2641. The Instructions
to Bidders regarding DBE requirements advise, among other things,
that:
"The award of contract, if it be awarded, will be to the
lowest responsible bidder whose proposal complies with
all the requirements prescribed and who has met the goals
for DBE participation or has demonstrated, to the
satisfaction of the City, good faith effort to do so."
Gillespie supplied neither the names of DBEs to be used nor
evidence of any effort to meet the DBE goal.
Gillespie's failure to comply with DBE requirements gives it a
competitive advantage over other bidders. Use of DBE
subcontractors and suppliers may increase the cost of the project
to the bidder. For example, DBEs may be available only for those
• portions of the work normally performed by the bidder with its own
forces and in such case, according to the City's own instructions,
the bidder is expected to make portions of the work available for
bids from DBEs. Moreover, bidders complying with DBE requirements
typically have solicited certified DBEs by mail or placed
advertisements seeking DBE participation in trade papers.
Compliance with DBE requirements imposes an administrative cost
that the company is likely to add to its bid - -a cost Gillespie did
not incur.
•
• •
Mayor & City Council Members
June 19, 1991
Page 4.
State and Federal agencies that award funds for transportation
improvement projects require compliance with DBE requirements as a
condition to current and future funding. The DBE requirements are
designed to bring qualified but disadvantaged firms into the
economic mainstream and serve important societal goals. The City's
failure to properly implement DBE requirements could jeopardize
current funding and impair the City's ability to successfully
compete with other agencies for future grants.
3. Excel Paving Company.
Excel is the apparent third low bidder and contends they have
submitted the lowest responsive bid. Staff agrees with Excel's
contentions regarding the materiality of Gillespie's failure to
comply with DBE requirements. However, Excel has not, as of the
date of this Memo, explained why Excalibur's failure to execute
• Addendum No. 1 is material except to refer to the provision which
states that "no bid proposal will be accepted" unless the Addendum
is attached. However, if the Council chooses not to award to the
apparent first and second low bidders, the contract may be awarded
to Excel since they would be the lowest responsible bidder.
D. Recommendations.
It is recommended that the City Council make the findings
specified in Exhibit "A" and award Contract 2641 to Excalibur.
However, if the Council finds Excalibur's bid is non - responsive by
virtue of their failure to execute and attach Addendum No. 1, the
Council may make the findings specified in Exhibits "B ", and "C"
and award the Contract to Excel as the lowest responsible bidder.
• Robert H. Burnham
City Attorney
RHB:kmc
Attachments
EXHIBIT "A"
• FINDINGS IN SUPPORT OF AWARD OF CONTRACT TO EXCALIBUR
The City Council finds as follows:
1. That Excalibur is the apparent low bidder on Contract C -2641;
2. On June 12, 1991, the Public Works Department issued an
Addendum to Contract C -2641 that clarified the method by which
certain street cracks should be filled (Addendum No. 1);
3. That Addendum No. 1 specified no separate payment was to be
made for crack sealing and compensation for the work was to be
included in the price paid for related items of work;
4. That Excalibur did not strictly comply with instructions
included within Addendum No.l, but did note its intention to
• comply with Addendum No. 1 on the face of its bid for Contract
C -2641 and its bid is otherwise properly executed and dated;
5. That Addendum No. 1 relates to a very small facet of the work
to be performed pursuant to Contract C -2641 and Excalibur's
failure to execute and date Addendum No. 1 will not affect its
obligation to perform the work required by the Contract;
6. That Excalibur's failure to date and execute Addendum No. 1
did not affect its bid price, nor give Excalibur a competitive
advantage over other bidders;
7. That the failure of Excalibur to properly execute and date
Addendum No. 1 is considered a minor irregularity that can and
should be waived under these circumstances.
•
EXHIBIT "B"
• FINDINGS DECLARING EXALIBUR'S BID TO BE NON - RESPONSIVE
City Council finds as follows:
1. On June 12, 1991, the Public Works Department issued Addendum
No. 1 to Contract C -2641;
2. Addendum No. 1 provided additional direction to bidders
regarding the method of sealing cracks in certain portions of
the pavement within the project area;
3. Addendum No. 1 contained clear instructions to bidders that
their bid would not be considered if Addendum No. 1 was not
dated, executed and attached to the bid;
0
4. Waiver of the failure of Excalibur to comply with instructions
in Addendum No. 1 could cause bidders on future projects to
ignore instructions thereby impairing the public works
contract bid process in the City of Newport Beach.
•
0 0
EXHIBIT "C"
• FINDINGS DECLARING GILLESPIE'S BID TO BE NON - RESPONSIVE
•
City Council finds as follows:
1. Gillespie was the apparent second low bidder on Contract C-
2641;
2. That Gillespie's bid fails to specify the disadvantaged
business enterprises (DBE or DBEs) they intend to use on the
project;
3. That Gillespie's bid did not provide any information to
support a finding they made a good faith effort to include
DBEs in the project;
4. That the Instructions to Bidders on Contract C -2641 clearly
described the obligation to list DBEs and clearly specified
the information to be supplied by the bidder to establish good
faith in the event the bidder has failed to locate some or all
of the DBEs necessary to meet the City's goals;
5. That Gillespie's failure to list DBEs or produce evidence of
a good faith effort to do so gave Gillespie a competitive
advantage over other bidders and may have affected the bid
price.
6. Waiver of the DBE requirement in this case could jeopardize
current and future funding from State and Federal sources for
transportation and circulation improvements within the City of
• Newport Beach.
Z1
w
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
June 24, 1991
TO: Mayor and Members of the City Council
FROM: Robin Flory, Assistant City Attorney
SUBJ: Contract C -2641 Bid Protest,
June 21, 1991 Letter Of Excel Paving Company
Attached is a copy of a letter received from Excel Paving
Company on Monday, June 24, 1991. The attached letter does not in
any way change the analysis or recommendations set forth in the
June 19, 1991 Memorandum of Robert H. Burnham. The information
provided in the attached letter may be considered as further
evidence in support of findings attached in Exhibit "B" to the June
19, 1991 Memorandum. However, it is within the Council's
discretion to determine whether the failure to execute and attach
Addendum No. 1 is a minor variance as opposed to a material
variance. Although, the Addendum was not attached as proscribed,
it was noted as shown on the attached copy of the Bid Proposal.
Although the Council may determine that it is possible that a
waiver of this irregularity may have an adverse impact on the
public contract bid process, it is pure speculation that acceptance
of this bid will destroy the integrity of the City's entire public
bidding process. It is unlikely that there will be a wholesale
response of contractors not following the City's future bidding
processes on the slight chance that the City will waive the non -
responsiveness as a minor irregularity.
As stated in the June 19, 1991 Memorandum, Excalibur's failure
to execute Addendum No. 1 could not have affected the amount of its
bid, nor can we envision a scenario whereby Excalibur's method of
acknowledging the Addendum gave them a competitive advantage over
other bidders. In this particular instance, the Council may
determine the failure to execute the Addendum as a minor variance
that should be waived, as it may do under the City's public bidding
process.
RF:gr
Attachments
TEL No.
EXCEL PAVING COMPANY
A GENERAL ENGINEERING CONTRACTOR
STATE LICENSE NO. 409208 A
JUNE 21, 1991
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BOULEVARD
P.O. BOX 1768
NEWPORT BEACH, CA. 92659 -1768
ATTN: ROBERT H. BURNHAM, CITY ATTORNEY
Jun 21,91 16 :53 No.007 P.02
0
RE: IRVINE AVE.REHABILITATION BETWEEN 16TH ST.
& SANTIAGO DR. (C -2641)
P.O. BOX 16405
LONG BEACH, CA 908065195
(213) 599.5841
SUBJECT: BID PROTEST OF EXCALIBUR'S NON - RESPONSIVE BID
GENTLEMEN:
TO RESPOND TO THE CITY OF NEWPORT BEACH'S (CITY'S)
JUNE 19, 1991 LETTER WHICH ENCLOSED THE CITY COUNCIL'S AGENDA
FOR JUNE 24, 1991, EXCEL IS AGAIN REQUESTING THAT THE
APPARENT LOW BIDDER'S, EXCALIBUR CONTRACTING, INC.
( EXCALIBUR)* BID BE REJECTED AS NON- RESPONSIVE. TO FURTHER
EXPAND ON EXCEL'S JUNE 14, 1991 LETTER EXCALIBUR'S BID IS
NON - RESPONSIVE FOR THE FOLLOWING REASONS:
THE ISSUE IS NOT WHETHER EXCALIBUR IS A RESPONSIBLE
CONTRACTOR, OR IF THEY HAVE SUCCESSFULLY COMPLETED
PROJECTS OF A SIMILAR NATURE, BUT WHETHER THEIR BID
IS RESPONSIVE TO THE EXPRESS PROVISIONS OF THIS BID
PROPOSAL.
THE CRITERIA FOR DETERMINING IF A BID IS NON-
RESPONSIVE IS NOT RELEVANT TO WHETHER THE ADDENDUM IS
A VERY SMALL FACET OF THE WORK TO BE PERFORMED. THIS
WOULD APPLY ONLY IF THE APPARENT LOW BIDDER WAS USING
THE ADDENDUM ISSUE AS A BASIS FOR A BID WITHDRAWAL.
INTERESTINGLY, IN THE CASE OF SUCH A BID WITHDRAWAL,
IT WOULD BE MATERIAL AS THE VALUE FOR THE ADDENDUM
WORK SCOPE INCLUDING MARKUP WOULD BE APPROXIMATELY
$28,000, OR 4.6%.
3. THE ADDENDUM EXPRESSLY STATED "EXECUTE AND DATE
ADDENDUM NO. 1 AND ATTACH IT TO YOUR BID PROPOSAL.
NO BID PROPOSAL WILL BE ACCEPTED WITHOUT THE ADDENDUM
NO.1 BEING EXECUTED AND ATTACHED THERETO ". THE CITY
GAVE EXPRESS INSTRUCTIONS ON WHAT EACH BIDDER WAS
REQUIRED TO DO TO PREPARE A RESPONSIVE BID. THE
REQUIREMENT IS CLEAR AND UNAMBIGUOUS. SUCH A
STATEMENT IS MATERIAL IN ITSELF; THE EXECUTION AND
ATTACHMENT OF THE ADDENDUM \IS A CONDITION PRECEDENT
TO THE ACCEPTANCE OF ANY AND ALL BID PROPOSALS.
EXCALIBUR DID NOT MEET THIS REQUIREMENT- IT DOESN'T
MATTER HOW CLOSE THEY CAME TO THE HURDLE, THEY DIDN'T
CLEAR IT!
i
TEL No.
0
Jun 21.91 16 :53 No.007 P.03
•
CITY OF NEWPORT BEACH
JUNE 21, 1991
PAGE 2 OF 3
4. THE CITY'S WAIVER OF THE FAILURE OF EXCALIBUR TO W`
COMPLY WITH THE CLEAR INSTRUCTIONS OF THE ADDENDUM
WOULD CAUSE BIDDERS ON FUTURE PROJECTS TO IGNORE
BIDDING INSTRUCTIONS THEREBY IMPAIRING THE PUBLIC
WORKS BIDDING PROCESS.
THE PUBLIC BIDDING STATUTES BY AND LARGE WAS INTENDED
TO BE A BLACK AND WHITE PROCESS. THESE BID DOCUMENTS
GAVE CLEAR INSTRUCTIONS, THEY WERE NOT AMBIGUOUS AND
EXCALIBUR DID NOT FOLLOW THEM. THEY SHOULD BE
EXPECTED TO PLAY BY THE SAME RULES AS THE OTHER
BIDDERS.
THE CITY WOULD BE CREATING A CONDITION WHEREBY A
BIDDER COULD PURPOSELY NOT SIGN OR ATTACH AN ADDENDUM
AND AFTER THE BID OPENING, IF SUCH BIDDER LEFT A LOT �l
OF MONEY ON THE TABLE, THEY COULD ALLEGE A MISTAKE IN % I
THEIR BID AND WITHDRAW THEIR BID BASED ON SUCH.
THE EFFECT WOULD BE THAT THE CITY WOULD BE PERMITTING/
THE KIND OB BID SHOPPING THAT THE PUBLIC BIDDING
STATUTES WERE DESIGNED TO AVOID. ANY BIDDER COULD
THEN PICK AND CHOOSE WHICH JOB THEY WANTED- EVEN
AFTER THE BID OPENING.
5. ALSO, IF THE CITY ACCEPTS EXCALIBUR'S BID, THEY HAVE
DESTROYED THE INTEGRITY OF THEIR ENTIRE PUBLIC
BIDDING PROCESS. THEY WILL BASICALLY nW A MESSAGE
OUT Y FUTURE JOB A PRECEDENT HAS BEEN SET
THAT A BIDDER DOESN'T NEED TO FOLLOW THE EXPRESS
INSTRUCTIONS OF THE CITY OF NEWPORT BEACH. THAT'S AN
INVITATION FOR FUTURE SCOPE OF WORK AND TECHNICAL
NON - COMPLIANCE DISPUTES. THE RAMIFICATIONS ARE
NUMEROUS. FOR EXAMPLE, EVEN IF A CONTRACTOR GETS AN
AWARD THEY CAN LATER ARGUE WHICH CONDITIONS ARE IN
AND WHICH ARE OUT,
BASED ON THE ABOVEp EXCEL IS HEREBY PROTESTING THE AWARD TO
EXCALIBUR AND IS REQUESTING THAT EXCALIBUR'S BE REJECTED AS
NON - RESPONSIVE AND THAT THE PROJECT BE AWARDED TO EXCEL
PAVING COMPANY AS THE LOWEST RESPONSIVE BID.
SINCERELY,
EXCEL PAVI�NG COMPANY
CURT BROWN
PRESIDENT
C.C. BENJAMIN NOLAN- PUBLIC WORKS DIRECTOR
• . PR 1.1
CITY OF NEWPORT BRACE
PUBLIC WORKS DEPARTMENT
PROPOSAL
1. IRVINE AVENUE REHABILITATION BETWEEN 16TH STREET AND
SANTIAGO DRIVE
2. IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION IMPROVEME!
CONTRACT NO. 2641
ajiZai+nr. \ t\�.xd
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
The undersigned declares that he has carefully examined the
location of the work, that he has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials and do all
work required to complete this Contract No. 2641 in accordance with
the Plans and Special Provisions, and that he will take in full
payment therefore the following unit price for the completed item
of work, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@.�d -L -j LnwaJ Dollars
Uj and
(\n Cents $60, 000.00
Per Lump Sum
2. 3,300 Unclassified excavation
Cubic Yards
@ j4a�- Dollars
and
Cents $ 5\ tvn
Per Cdbid Yard
3. Lump Sum Clear and grub
tkm ,,,rq Dollars
and
(\n Cents
Per Lump Sum
r F- 3 -°t
EXCEL PAVING COMPANY P.O. BOX 164o5
A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 908065195
STATE LICENSE NO. 409208 A (213) 599 -5841
JUNE 24, 1991 VIA FAX MONDAY, JUNE 24, 1991
BY 3:00 PM
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BOULEVARD
P.O. BOX 1768
NEWPORT BEACH, CA. 92659 -1768
ATTN: ROBIN FLORY, ASSIST. CITY ATTORNEY
RE: IRVINE AVE. REHABILITATION BETWEEN 16TH ST.
& SANTIAGO DR. (C -2641)
SUBJECT: SUPPORTING CASE FOR BID PROTEST OF EXCALIBUR'S BID
GENTLEMEN:
TO FOLLOW UP EXCEL'S LETTER OF JUNE 21, 1991, OUR ATTORNEY
HAS PERFORMED THE FOLLOWING PRELIMINARY RESEARCH WHICH
SUPPORTS EXCEL'S CHALLENGE TO EXCALIBUR'S NON- RESPONSIVE BID:
THE COURT IN KONICA BUSINESS,_I�ACHINES V. REGENTS OF
NNUVB$S.I.TY__0_$..CALIFORNIA 206 CAL.APP.3d 499, 456 -57 (1988)
STATED:
"THE PURPOSE OF REQUIRING GOVERNMENTAL ENTITIES TO OPEN
THE CONTRACTS PROCESS TO PUBLIC BIDDING IS TO ELIMINATE,
FAVORITISM, FRAUD, AND CORRUPTION; AVOID MISUSE OF
PUBLIC FUNDS; AND STIMULATE ADVANTAGEOUS MARKETPLACE
COMPETITION. BECAUSE OF THE POTENTIAL FOR ABUSE ARISING
FROM DEVIATION FROM STRICT ADHERENCE TO STANDARDS WHICH
PROMOTE THESE PUBLIC BENEFITS, THE LETTING OF PUBLIC
CONTRACTS UNIVERSALLY RECEIVES CLOSE JUDICIAL SCRUTINY
AND CONTRACTS AWARDED._WITHOUT STRICT COMPLIANCE .WI }1
BIDDING REOUIREMZNT.S__WILL BE SET ASIDE., THIS
PREVENTATIVE APPROACH IS APPLIED EVEN WHET$ IT IS CERTAIN
THAT THERE WAS IN FACT NO CORRUPTION OR ADVERSE EFFECT
UPON THE BIDDING PROCESS, AND THE DEVIATIONS WOULD SAVE
THE ENTITY MONEY. THE IMPORTANCE OF MAINTAINING
INTEGRITY IN GOVERNMENT AND THE EASE WITH WHICH POLICY
GOALS UNDERLYING THE REQUIREMENT FOR OPEN COMPETITIVE
BIDDING MAY BE SURREPTITIOUSLY UNDERCUT, MANDATE STRICT
COMPLIANCE WITH BIDDING REQUIREMENTS."
THE LEGISLATURE AMENDED PUBLIC CONTRACT CODE SECTION 100
EFFECTIVE JANUARY 1, 1991. THEE EGISLATURE THEN MADE CLEAR
WHAT MOST PRACTITIONERS IN THIS AREA ALREADY THOUGHT WAS
CLEAR, THAT BIDDING REQUIREMENTS ON ALL PUBLIC CONTRACTS, NOT
JUST STATE CONTRACTS FOR THE PURCHASE OF SUPPLIES, MUST BE
STRICTLY ENFORCED. THUS THE STANDARDS STATED IN THE KO_NICA_
BUSINESS MACHINES CASE APPLY EQUALLY TO A CITY AS TO A STATE
AGENCY.
f ,
PAGE 2 OF 3
CITY OF NEWPORT BEACH
IRVINE AVE. REHABILITATION BETWEEN 16th ST. & SANTIAGE DRIVE
JUNE 24, 1991
16t
THE COURTS HAVE DEFINED CERTAIN KINDS OF IRREGULARITIES -)"'�a
THAT AGENCIES CAN PROPERLY WAIVE. THE ERROR MUST BE P'
"INCONSEQUENTIAL." THERE IS A TWO —PRONG TEST TO DETERMINE
WHETHER A DEFECT IN A BID IS WAIVABLE:
(1) IT CANNOT HAVE AFFECTED THE AMOUNT OF THE BID, AND (2) IT
�
CANNOT HAVE GIVEN THE BIDDER AN ADVANTAGE OR BENEFIT NOT
ALLOWED OTHER BIDDERS.
IN EXCEL'S CASE, THE APPARENT LOW BIDDER DID NOT MEET A
PRECONDITION ESTABLISHED BY THE CITY AS A PRECONDITION TO BID
CONSIDERATION. BY NOT CLEARING THIS HURDLE, THE APPARENT LOW
BIDDER WAS NONRESPONSIVE.
CONSIDERATION OF THE NONRESPONSIVE BID WOULD GIVE
EXCALIBUR AN ADVANTAGE NOT ALLOWED OTHER BIDDERS. IF THE
NONRESPONSIVE BIDDER CONCLUDES ITS BID WAS TOO LOW, IT COULD
SEEK TO WITHDRAW IT, CLAIMING IT DID NOT CONSIDER THE
ADDENDUM WORK AND THUS MADE A "MISTAKE." THE REASON FOR
REQUIRING BIDDERS TO ASSIGN THE ADDENDUM WAS TO ELIMINATE
THIS RISK. IF THE CITY DOES NOT ENFORCE THIS RULE, ONE
CONTRACTOR IS GIVEN A POTENTIAL ELEgTION NOT Av]1�LABLE TO
OTHER BIDDERS: IT CAN EITHER ELECT TO GO FORWARD WITH THE
WORK CONTENDING IT SUBSTANTIALLY COMPLIED; ALTERNATIVELY, IF
IT 'LEFT TOO MUCH MONEY ON THE TABLE," IT CAN ATTEMPT TO
WITHDRAW ITS BID CITING AN ALLEGED MISTAKE. NO OTHER BIDDER
GETS THIS OPTION. ALL OTHERS SIGNED THE ADDENDUM AND THUS
ARE BOUND BY THE LUMP SUM SUBMITTAL WHICH UNEQUIVOCALLY
INCLUDES THE ADDENDUM SCOPE OF WORK.
ANOTHER RESULT MAY FLOW FROM THE ENACTMENT OF THE
LEGISLATION EFFECTIVE JANUARY 1, 1991. IT MAY ALLOW COURTS
TO EXPAND UPON CASES PERMITTING A DISAPPOINTED BIDDER NOT
ONLY TO SET ASIDE AN IMPROPER AWARD. BUT ALSO TO RECOVER ITS
BIDDING EXPENSES AND PERHAPS EVEN ITS LOST PROFITS. BEFORE
THE ENACTMENT OF THE LEGISLATION, CASES HELD TIIAT A
CONTRACTOR WRONGFULLY DEPRIVED OF A JOB MAY RECOVER ITS
BIDDING EXPENSES.
NOW THAT THE LEGISLATURE HAS SIGNIFICANTLY MODIFIED THE
STATUTORY SCHEME, IT HAS DECLARED THAT COMPETITIVE BIDDING
STATUTES HAVE BEEN ENACTED, AT LEAST ON SOME ISSUES, FOR THE
EXPRESS BENEFIT OF THE BIDDERS.. BY DOING SO, THIS OPENS AN
ISSUE THAT A DISAPPOINTED BIDDER'S LOST PROFITS MAY BE
RECOVERABLE.
PAGE 3 OF 3
CITY OF NEWPORT BEACH
IRVINE AVE. REHABILITATION BETWEEN 16th ST. & SANTIAGO DRIVE
JUNE 24, 1991
I TRUST THAT THE ABOVE COMMENTS FROM OUR ATTORNEY ADEQUATELY
SUPPORTS EXCEL'S POSITION. WE HAVE INSTRUCTED HIM TO REFRAIN
FROM CONTACTING THE CITY PENDING THE OUTCOME OF TONIGHTS CITY
COUNCIL'S MEETING.
SINCERELY,
EXCEL PAVING COMPANY
�
GEOR R. MCRAE
ADMINISTRATIVE VICE - PRESIDENT
cc: BENJAMIN NOLAN - PUBLIC WORKS DIRECTOR
i
i�
re
MAY 1 3 1991
TO: City Council
FROM: Public Works Department
'r`ED
SUBJECT: IRVINE AVENUE AT SANTIA GO
IMPROVEMENTS, AND IRVINE
16TH STREET AND SANTIAGO
RECOMMENDATIONS:
DRIVE
May 13, 1991
CITY COUNCIL AGENDA
ITEM NO. J -4
ADDENDUM NO. 1
C' - 2Z�11'(A)
AVENUE REHABILITATION BETWEEN
DRIVE (C -2641)
1. Authorize the-Mayor-and the City Clerk to execute
a- cooperative agreement with City of Costa Mesa.
2. Affirm a the Notice of Categorical Exemption and
the Negative Declaration of Environmental Impact.
3. Confirm the decision to construct curb and gutters
and a driveway approach by Assessment Act
procedure.
4. Advertise for bids t Jae QpPnAA at
Tune- 3, nl1 .
DISCUSSION:
At the time the agenda was assembled, the staff had a
tentative agreement with Mr. and Mrs. Dunlap concerning the
purchase of access rights to Irvine Avenue and the reconstruction
of their garage to a new location on Santiago Drive. On Tuesday
afternoon, May 7, 1991, Mr. Dunlap called to say that the $41,000
offer was not sufficient, and he requested substantial additional
compensation. The staff has reviewed the request and feels that
added compensation cannot be justified. The plans have been
revised to provide drive access to the existing garage by
modifying sidewalk and street grades.
The staff has indicated to the Dunlaps that, if they
wish to change their minds in the next two to three weeks, the
City still desires to acquire the access rights and can
accommodate the plan revisions. Approval of the Access Rights
Agreement and Resolution of Intent to Condemn are not needed at
this time, and need to be removed from the recommendations for
this item.
G, J Yom,
Benjamin B. Nolan
Public Works Director
Anrhtusad to PubfiM AdvNtlun+NRs d al kinds indudinp
public notlas by Dawn d that dupe iw Cam of Orange
Caatty. Catrana. l WAW A4214 580w 6w 29, 1961. and ,
A,2r1 I Juno II. ISO
STATE OF CALIFORNIA
County of Orange
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. 1 am a
principal cierk of the ORANGE COAST DAILY
PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that
attached Notice is a true and complete copy as
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 to wit
the issue(s) cif:
May 16, 22, 1991
PUAUCNOTN;E
M"10a
INVITING Ism
Settled bids Mary be M
city a tic, am N; v�
Boulevard, :P.O..Ebs 1786,
"BNCA. CA 82eSx.
,7 tpt(6 11:00 kM on the
136, day. juns, Joel
which "W p
bids will
ox, pprrpepIaadc �for :
AVENU � "AVV NTIAGO
DRIVE INTERSECTION IM.
MOVEMENTS, AND IR.
VINE AVENUE REHABILI-
TATION BETWEEN 18TH,
STREET AND SANTIAGO
ORIGE (C•2641
1. Oprrtr01111i
'Enainear's
Estimate:
5680,(100 ':. _
Approved byy,�,��the City
Council this, 738f day of
I declare, under penalty of perjury, that the
n1ao�A'e: laoolo, cnr
OD
foregoing is true and correct.
I Prospective bidders may
1ObWn one set of ad doe,
;maids at no cost of m of•
9
May 22 1
Executed on 199
4806 of the Public Works
Deportment, 3300 Newport
e"
_
BeuleVard-Y.O :'BOX "TW. -
at Costa Mesa, C/alifornia
Newport Beech, CA 82050 -
1766.
MAY 2 8 t?31
For further Information.
call Lloyd I Dahon at (714)
.. .
-
Puublished
Signature
oral wkf 82
CALIF.,
✓ PROOF OF PUBLICATION
41 • • �3 )
•
TO: CITY COUNCIL
FROM: Public Works Department
90
January 22, 1989
CITY COUNCIL AGENDA
ITEM NO. F -11
JAN 2 2 11V0
APPROVED
SUBJECT: ACQUISITION OF PORTIONS OF 2 PARCELS FOR IRVINE AVENUE AT
SANTIAGO DRIVE INTERSECTION IMPROVEMENTS (C -2641)
RECOMMENDATION:
Authorize acceptance of two (2) grant deeds.
DISCUSSION:
Funds are budgeted to construct ultimate width
• improvements along Irvine Avenue near Santiago Drive. The
improvements will include widening Irvine Avenue adjacent to 2
parcels where land acquisition is necessary (see attached Drawing
No. R /W- 5518 -L).
Staff has obtained market value appraisals and negotiated
purchase agreements with owners of the 2 parcels. Each purchase
amount includes land and improvement values, plus severance
damages, less the owner's required contribution for initial
construction of 4 -foot wide sidewalk across the owner's parcel.
Severance damages include amounts for driveway regrading, sprinkler
modifications, and constructing a 6 -foot high screen wall across
the owner's parcel if the owner should desire to do so.
The purchase amount of the larger parcel (837 square
feet) is $12,800. The smaller parcel (600 square feet) is $9,250.
The City's construction should begin this summer.
at I V �-/
Benjamin B.
•Public Works
BBN:so
Nolan
Director
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIGHT-OF -WAY ACQUISITION
POFil. LOT 288
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DRAWN Re, DATE 2zgi / to
APPROVED /,l 0 1/f O
PUBLIC WORKS DIRECTOR
R.E. NO. CF
WINO NO. R/W - 5518 - L
A W
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
tie ce?y 4� G2,
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: May 17, 1991
SUBJECT: Contract No. C- 2641(A)
Description of Contract Irvine Avenue at Santiago Drive
Intersection Improvements, and Irvine Avenue Rehabilitation
between 16th Street and Santiago Drive
Effective date of Contract May 15, 1991
Authorized by Minute Action, approved on May 13, 1991
Contract with City of Costa Mesa
Address P.O. Box 1200
Costa Mesa, CA 92628 -1200
Amount of Contract (See Agreement)
" 4fe
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
i
i
MAY 1 3 1991
TO: City Council
FROM: Public Works Department
�' E1)
SUBJECT: IRVINE AVENUE AT SANTIAGO
IMPROVEMENTS, AND IRVINE
16TH STREET AND SANTIAGO
1.
2.
3.
4.
DISCUSSION:
ONS:
May 13, 1991
CITY COUNCIL AGENDA
ITEM NO. J -4
ADDENDUM NO. 1
DRIVE INTERSECTION
AVENUE REHABILITATION
DRIVE (C -2641)
BETWEEN
Authorize the Mayor and the City Clerk to execute
a cooperative agreement with City of Costa Mesa.
Affirm a the Notice of Categorical Exemption and
the Negative Declaration of Environmental Impact.
Confirm the decision to construct curb and gutters
and a driveway approach by Assessment Act
procedure.
Advertise for - -A.M. on
Juan -_13, 1991.
At the time the agenda was assembled, the staff had a
tentative agreement with Mr. and Mrs. Dunlap concerning the
purchase of access rights to Irvine Avenue and the reconstruction
of their garage to a new location on Santiago Drive. On Tuesday
afternoon, May 7, 1991, Mr. Dunlap called to say that the $41,000
offer was not sufficient, and he requested substantial additional
compensation. The staff has reviewed the request and feels that
added compensation cannot be justified. The plans have been
revised to provide drive access to the existing garage by
modifying sidewalk and street grades.
The staff has indicated to the Dunlaps that, if they
wish to change their minds in the next two to three weeks, the
City still desires to acquire the access rights and can
accommodate the plan revisions. Approval of the Access Rights
Agreement and Resolution of Intent to Condemn are not needed at
this time, and need to be removed from the recommendations for
this item.
6J, d4
Benjamin B. Nolan
Public Works Director
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City Council
Public Works Department
•
May 13, 1991
CITY COUNCIL AGENDA
ITEM NO. J-4
SUBJECT: IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION
IMPROVEMENTS, AND IRVINE AVENUE REHABILITATION BETWEEN
16TH STREET AND SANTIAGO DRIVE (C -2641)
1. Authorize the Mayor and the City Clerk to execute
a cooperative agreement with City of Costa Mesa.
2. Affirm a the Notice of Categorical Exemption and
the Negative Declaration of Environmental Impact.
3. Confirm the decision to construct curb and gutters
and a driveway approach by Assessment Act
procedure.
4. Authorize the Mayor and the City Clerk to approve
an agreement for the acquisition of access rights.
5. Adopt a Resolution of Intent to Condemn.
5. Advertise for bids to be opened at 11:00 A.M. on
June 13, 1991.
DISCUSSION:
The current budget contains 2 appropriations for
improvements to Irvine Avenue and Santiago Drive within limits
shown on the attached Location Map.
The improvements to Santiago Drive are between Irvine
Avenue and Tustin Avenue and include 1) constructing original
curb and gutter at four locations, 2) reconstructing
approximately 1/2 of the length of the southerly curb and gutter,
and 3) reconstructing approximately 2/3 of the roadway and
resurfacing the remaining 1/3.
The original curb and gutter construction is being
built using assessment procedures (see attached March 28, 1988,
Agenda Item No. D -4). The reconstruction of approximately 1/2 of
the southerly curb and gutter will provide for a uniform 40'
street width (in lieu of the present 38' width), and will also
replace substandard and defective curb and gutter and provide
extra street width at Irvine Avenue for an additional turn lane.
f
Subject: Irvine Avenue at Santiago Drive Intersection
Improvements, and Irvine Avenue Rehabilitation between
16th Street and Santiago Drive (C -2641)
• May 13, 1991
Page 2
The roadway reconstruction /resurfacing will eliminate excessive
roadway crown and will provide an adequate roadway strength for
future traffic volumes.
The improvements to Irvine Avenue are between 16th
Street and Santiago Drive and include 1) widening along the
southwesterly side of the Santiago Drive intersection, 2)
realigning curb and gutter and sidewalk southwesterly of Windward
Lane; 3) constructing curb access ramps and storm drain inlets at
various locations, 4) reconstructing a portion of the median
southerly of 17th Street, and 5) rehabilitating, resurfacing and
restriping pavement between 16th Street and Santiago Drive.
The widening along the westerly side of Irvine Avenue
at Santiago Drive will eliminate the present "bottleneck" at the
intersection. The work includes demolition and reconstruction of
curb and gutter, sidewalks, driveway approaches, storm drain
inlets, walls, and driveways near the intersection. Portions of
• 2 parcels were acquired for this work (see attached January 22,
1990 Agenda Item No. F -11). A traffic signal pole and many of
its detector loops will also be replaced.
The widening also affects garage access to 2201
Santiago Drive, owned by Mr. and Mrs. Kent Dunlap. In 1973 their
parcel was subdivided, and a right -of -way dedication of 8 feet
was required on Irvine Avenue and a 10 foot dedication on
Santiago Drive. The proposed widening utilizes the 8 foot
dedication on Irvine Avenue. The property line is now 12 feet
from the garage door, and the new back of sidewalk elevation
averages approximately 2 feet below the garage floor elevation.
Convenient and safe access to and from the existing
garage from Irvine Avenue cannot be maintained when the street is
widened. Staff retained an architect to look at moving the
garage or constructing a new garage that would take access from
Santiago Drive. An agreement has been reached with the property
owners to acquire the vehicular access rights to all but the
southwesterly 6 feet of the Irvine Avenue frontage. Under the
agreement, the Dunlaps are provided a lump sum payment of
• $41,000.00 to compensate them for loss of access rights and for
construction of a new garage that takes access from Santiago
Drive. The $41,000 will come from the currently budgeted gas tax
account for acquiring street right -of -way (18- 3341 -003). The
Dunlaps, by separate agreement with the adjoining property owner,
have obtained the right to use the adjoining driveway to gain
•
Subject: Irvine Avenue at Santiago
Improvements, and Irvine
16th Street and Santiago
May 13, 1991
Page 3
Drive Intersection
Avenue Rehabilitation between
Drive (C -2641)
access to their Irvine Avenue side yard for secondary visitor
parking. The Dunlaps are allowing the neighbor's drive to be
widened by 2 feet onto their property to improve access to both
sites. The City will construct a flared commercial -type drive
approach to improve site access.
The agreement with the Dunlaps also provides for a
Resolution of Intent to Condemn for the acquisition of access
rights. They have requested the resolution for tax reasons, and
agree with the proposed City settlement and agreement.
Curb, gutter and sidewalk southwesterly of Windward
Lane will be realigned to provide a smoother transition where
Irvine Avenue now abruptly narrows. Curb access ramps are being
added at the Santiago Drive intersection and northerly thereof to
accommodate certain handicapped persons and bicyclists. Storm
drain inlets are being added along Santiago Drive near the Irvine
Avenue intersection, and an inlet is being added to the Irvine
Avenue median southerly of 17th Street to remove surface flows
and ponding.
The same median is also being remodeled to provide
additional storage for northbound vehicles turning left onto 17th
Street. The median, which belongs to the City of Costa Mesa,
will be paved with stamped concrete to eliminate landscape
maintenance responsibilities. And finally, Irvine Avenue between
16th Street and Santiago Drive will be reconstructed and repaved
as needed to provide a maintenance -free roadbed for at least 10
years.
The Irvine Avenue at Santiago Drive Intersection
improvements and the work along Santiago Drive is a City project
with partial funding from Caltrans' State -Local Transportation
Partnership Program. A Negative Declaration of Environmental
Impact has been approved by the Environmental Affairs Committee
and, upon affirmation, will be filed with the County Clerk.
The work in Irvine Avenue is being performed in a
cooperative project with the City of Costa Mesa. Since the City
• of Newport Beach is the lead agency, staff has prepared 1) a
Notice of Categorical Exemption, 2) submittals to Caltrans for
State -Local Transportation Partnership Program funding, 3) a
cooperative agreement for execution by the two cities, and 4)
plans, specifications, estimates, reports, utility notices and
communications for the joint project. The Notice of Categorical
Exemption has been approved by the Environmental Affairs
Committee and, upon affirmation, will be filed with the County
Clerk.
0 0
Subject: Irvine Avenue at Santiago Drive Intersection
Improvements, and Irvine Avenue Rehabilitation between
16th Street and Santiago Drive (C -2641)
• May 13, 1991
Page 4
Caltrans has accepted our resolutions for the City's
project and for the cooperative project (copies attached), and
will fund approximately 218 of eligible construction and contract
administration costs. The final determination of the State's
payment will be based upon the lesser of 1) staff's original
project estimates, 2) the award amounts, or 3) the actual
construction amounts.
In accordance with Caltrans requirements, the bid
documents stipulate that the Contractor conform with a local
Disadvantaged Business Enterprise (DBE) program. Inasmuch as the
City has not adopted such a program, the bid documents include a
108 DBE contract participation goal, which should be readily
achieved through the selection of subcontractors and suppliers
for the project.
The cooperative agreement was approved by the City of
Costa Mesa on October 15, 1990. It requires Costa Mesa to repay
• us, upon award, for engineering, construction and contract
administration. Costa Mesa's estimated share of construction
cost is $200,000 approximately; that is, approximately 508 of the
Engineer's estimate for the rehabilitation of Irvine Avenue and
308 of the Engineer's estimate for the total contract.
The Engineer's Estimate is $660,000, which may be broken
into the following components (approximately):
City of Newport Beach
state's 218
City of Costa Mesa
State's 218
Subtotals
Irvine Ave. Rehab. Irvine at Santiago Imnr.
$158,000 $205,400
42,000 54,600
158,000 -0-
42.000 -0-
$400,000 $260,000
• Sufficient funds have been appropriated in the current
budget to award this amount.
Upon completion of work, staff will prepare a final report
of costs, and payment adjustments will be made between the Cities and
the State.
Z,
C
•
•
•
Subject: Irvine Avenue at Santiago Drive Intersection Improvements,
and Irvine Avenue Rehabilitation between 16th Street and
Santiago Drive (C -2641)
May 13, 1991
Page 5
Staff has also prompted various utility companies to replace
aged facilities and to relocate water, electric, gas, telephone and
cable television services to clear the City's proposed construction.
It appears that all such replacement and relocation will be completed
prior to our anticipated award date of June 24, 1991.
Plans, specifications and Engineer's estimate for the
project were prepared by Norris- Repke, Inc.
All work under this contract is to be completed within 80
consecutive calendar days after the start of construction, or by
November 15, 1991, whichever occurs first.
Benjamin B. Nolan
Public Works Director
LD:so
Attachments - Location Map
Council Memo (March 28, 1988)
Resolution 89 -70
Resolution 89 -163
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LOCATION MAP
• TO: CITY COUNCIL
FROM: Public Works Department
0
March 28, 1988
CITY COUNCIL AGENDA
ITEM NO. D -4
SUBJECT: CONSTRUCTION OF CURBS AND GUTTERS ON 22ND STREET BETWEEN TUSTIN AVENUE
AND IRVINE AVENUE
RECOMMENDATION:
1. Hold public hearing to hear protests from anyone who does not
desire the improvements.
2. Close public hearing.
3. If desired, direct the staff to continue the process of
constructing curb and gutters using the procedure of Chapter 27 of
the Improvement Act of 1911.
DISCUSSION:
• On 22nd Street between Irvine Avenue and Tustin Avenue curbs and gut-
ters have heretofore been constructed in front of all properties except four.
The location is shown on the attached sketch.
On February 22, 1988, the City Council directed the staff to use the
procedure of Chapter 27 of the Improvement Act of 1911 to have curbs and gutters
constructed in front of the four properties. The public hearing scheduled for
March 28, 1988, is step No. 3 in the following short description of the process:
a. When the Public Works Director finds that curbs and gutters have
been constructed in front of properties constituting more than 50%
of the frontage in any block, or whenever the City Council upon
its own motion has ordered the installation of said improvements
in front of the unimproved portion in said block, the Public
Works Director may order the owner of the unimproved portions to
construct said improvements.
b. Upon notice from the City, the owners of property abutting
unimproved portions of the street have a duty to construct the
improvements.
• c. A public hearing is held at which time the City Council may hear
protests from anyone who does not desire the improvement.
d. After the public hearing, if the construction is not commenced by
the property owners within 60 days after the date of..the notice.
the City shall do the work and make the cost a lien oh the proper-
ties. The cost of the work is financed by an advance from the
_. City.
0
0
e. The City will have the work done at the earliest opportunity.
f. Upon completion of the work, another public hearing is held to
• hear any protests aboutfhe construction or the spreading of the
assessment.
g. After the second public hearing, the cost of construction is
assessed against each parcel. The assessments may be paid in
cash, or the City may allow the assessments to be paid over a
period of years with interest on the unpaid balance.
•
•
The estimated cost of the work, including construction costs; 10% for
engineering and 10% for contingencies, is:
Property
2001 Irvine Avenue
2019 Irvine Avenue
2301 22nd Street
2431 22nd Street
TOTAL
JBen�jamin B. Nolan
Public Works Director
BBN:kp
Attachment
Improvements
Cost
120 l.f. curb
and gutter
$2,880
One driveway
approach
1,800
132 1.f. curb
and gutter
3,160
75 l.f. curb
and gutter
1,800
$9,640
PROPOSED CONSACTION OF ! FEBWAKY Obb
CURB 8 GUTTER ON 22"' STREET J
PARCEL 426 - 111 -12
TUSTIN AV . 4 MARILYN L. WALKER
_ 2001 IRVINE AVENUE
�• ' °�' '•� "9'f �° : C /TY 16047 NEWPORT BEACH, CA
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P. Y 4. I •20 o20
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GEORGE SKAUG
1224 PHILLIPP STREET
N a A SAN FERNANDO, CA
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LORRIE HUFF, TRUSTEE
2301 -22ND STREET
NEWPORT BEACH, CA
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JOHN C. GRIEVE
NL-
2431 -22ND STREET
-- - - - - - -- NEWPORT BEACH, CA
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IRVINE
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TO: CITY COUNCIL
FROM: Public Works Department
C:
/M
January 22, 1a:4
CITY COUNCIL AGENDA
ITEM NO. F -11
SUBJECT: ACQUISITION OF PORTIONS OF 2 PARCELS FOR IRVINE AVENUE AT
SANTIAGO DRIVE INTERSECTION IMPROVEMENTS (C -2641)
RECOMMENDATION:
Authorize acceptance of two (2) grant deeds.
DISCUSSION:
Funds are budgeted to construct ultimate width
improvements along Irvine Avenue near Santiago Drive. The
improvements will include widening Irvine Avenue adjacent to 2
parcels where land acquisition is necessary (see attached Drawing
No. R /W- 5518 -L).
Staff has obtained market value appraisals and negotiated
purchase agreements with owners of the 2 parcels. Each purchase
amount includes land and improvement .values, plus severance
damages, less the owner's required contribution for initial
construction of 4 -foot wide sidewalk across the owner's parcel.
Severance damages include amounts for driveway regrading, sprinkler
modifications, and constructing a 6 -foot high screen wall across
the owner's parcel if the owner should desire to do so.
The purchase amount of the larger parcel (8371 square
feet) is $12,800. The smaller parcel (600 square feet) is $9,250.
The City's construction should begin this summer.
Benjamin B.
Public Works
BBN:so
Nolan
Director
0
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•
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IRVINE
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AVENUE
<l.PE.4 TO e 4CQ4/ /.PE.0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIGHT -OF -WAY ACQUISITION
PO LOT 288
. 4 -83
Ir
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SLgGE / " =50'
DRAWN -fela DATE AAM/ a
APPROVED /j. a.
PUBLIC WORKS DIRECTOR
DIDIIRECTOR
R.E. NO. IWO<
dKWING NO. R / W - 5518 - L
,
<l.PE.4 TO e 4CQ4/ /.PE.0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIGHT -OF -WAY ACQUISITION
PO LOT 288
. 4 -83
Ir
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SLgGE / " =50'
DRAWN -fela DATE AAM/ a
APPROVED /j. a.
PUBLIC WORKS DIRECTOR
DIDIIRECTOR
R.E. NO. IWO<
dKWING NO. R / W - 5518 - L
•
•
RESOLUTION NO. 89 -70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
SUBMIT AN APPLICATION TO CALTRANS FOR THE CONSTRUCTION
OF STREET IMPROVEMENTS TO IRVINE AVENUE AND 22ND STREET
(RE. SS -140 FUNDING PROGRAM)
WHEREAS, SB -140 provides for a State -Local Transportation
Demonstration Program to identify locally supported projects which can be
constructed in the immediate future with a minimum of State planning and review; and
WHEREAS, the State legislature intends to appropriate 300 million
dollars by June 30, 1990, in order to fund a prorated share, up to 50% of the
eligible project cost submitted; and
WHEREAS, the City of Newport Beach desires to construct street
improvements to Irvine Avenue and 22nd Street;
NOW, THEREFORE, BE IT RESOLVED that the City of Newport Beach shall
apply to CALTRANS, as follows:
1. Apply for all funds available to the City of Newport Beach for
street improvements to Irvine Avenue and 22nd Street.
2. Authorize the City Manager or his designee, as the City's
authorized signatory and designated contact person.
ADOPTED this fOth day of July 1989,
ATTEST:
IA4 _A Pku
Mayor Fro Temp
CER71FIEDA AT➢U6AN .CO Cl COPY
an arcs or rxr un or wrwrprr ai
DATE,
j9
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RESOL TION NO. 89 -163
• A RESOLUTION OF THE CITY OXNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, RD7DCNIZING STATE-LOCAL
TRANSPORTATION DEMONSTRATION PROGRAM APPLICATIONS
AND AUTRORIZING THE ASSISTANT CITY ENGINEER TO
FILE APPLICATIONS
•
•
WHEREAS, the City of Costa Mesa has identified the need for a resur-
facing project to Irvine Avenue between 15th Street and 22nd Street; and
WHEREAS, the needed project is estimated to require $390,000 resurfac-
ing and engineering costs; and
WHEREAS, the City of Costa Mesa and the City of Newport Beach desire to
have a joint project for the resurfacing of Irvine Avenue, the City of Newport
Beach being the lead agency; and
WHEREAS, the City of Costa Mesa share of the $390,000 project is estimated
to be $140,000; and
WHEREAS, the City of Costa Mesa desires to apply for State -Local Trans-
portation Demonstration Program funds which may make State funding available
for up to 50 percent of construction costs for the Irvine Avenue resurfacing
project;
NOW, THEREFORE, BE IT RESOLVED bl the City Council of the City of Costa
Mesa that the Assistant City Engineer is authorized to sign and submit the
applications for State -Local Transportation Demonstration Program Funds.
PASSED AND ADOPTED this 17th day of July, 1989.
ATTEST:
Uty Cierk of the City of Cwt Mesa
• ic' •_
STATE CF CALIFORNIA ) /? _ _ _ _ _ _ ,/, a- ;�C keti..--
COUNTY OF ORANGE ) ss CCC�///,,,tl
CITY OF ODSTA MESA ) Y CZm ---+r
I, EILEEN P. PHINNEY, City Clerk and ex-of fi,icio Cle of City it
Of the City of Costa Mesa hereby certify that the above and foregoing Resolution
No. 89 -163 was duly and regularly passed and adopted by the City Council at a
regular meeting thereof, held on the 17th day of July, 1989.
IN WITNESS WHEREC', I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 18th day of July, 1989.
The forego;::g instrument is a correct copy
of the ori: 'd ^n
ATTEST: .�O'!✓...V ..._..._....._..
CITY C'.1: .:. ��� '�..E C OF COSTA MESA
COUNTY ,.Y Of ANGE. t;IA"E OF CAUrn^ N1
..;.,.. ate_- Y/r
'ty Cl�� officio Clerk the
City Council of the City of CosttY Mesa
�J
•
ACCESS RIGHTS PURCHASE AGREEMENT
• THIS AGREEMENT entered into this day of
, 1991, by and between KENT and IRENE DUNLAP,
husband and wife, owners of 2201 Santiago Drive, in the City of
Newport Beach, California 92660, hereinafter referred to as
"OWNERS ", and the CITY OF NEWPORT BEACH, a municipal corporation,
organized and existing under and by virtue of its Charter and the
Constitution and the laws of the State of California, hereinafter
referred to as "CITY ", is made with reference to the following:
R E C I T A L S:
A. OWNERS own the parcel of land at 2201 Santiago Drive
(PROPERTY) which is located at the westerly corner of Irvine Avenue
and Santiago Drive. Irvine Avenue is a Primary Road and Santiago
Drive is a Secondary Road on CITY'S Circulation Element of the
• General Plan. CITY desires to widen Irvine Avenue by eight (8)
feet, widen Santiago Drive by four (4) feet, and construct new
pavement, curb, gutter and sidewalk. After widening Irvine Avenue,
OWNERS garage will be only 12 feet behind the sidewalk and, if left
in place, the driveway would be too steep to provide convenient
ingress and egress to the garage. The driveway could no longer be
used to park vehicles and vehicles using the driveway would have to
back onto Irvine Avenue to leave the garage.
B. CITY desires to acquire the vehicular access rights to
the PROPERTY along all but the southwesterly six (6) feet of the
Irvine Avenue frontage, so that vehicles will not be turning into
PROPERTY or backing from PROPERTY onto Irvine Avenue and thereby
improve public safety. The City has adopted a resolution of
intention to condemn the Irvine Avenue access rights and thereafter
is will institute an eminent domain action if OWNERS do not convey
those rights to the CITY.
C. OWNER'S property will be damaged by the loss of vehicular
access to Irvine Avenue, in that OWNERS will no longer be able to
use the existing garage. CITY, working with an architect, has
1
i'
reviewed the various options available to relocate and /or
reconstruct the garage in a location that could provide equal
• access and utility to the property.
D. CITY and OWNER, through this agreement and a related
access rights grant deed, desire to establish the terms and
conditions that will allow CITY to acquire vehicular access rights
to Irvine Avenue and OWNER to be compensated for the loss of the
use of the garage and access to Irvine Avenue.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
CITY agrees to:
1. Pay OWNER Forty -one Thousand dollars
($41,000.00) as full compensation for the
vehicular access rights, except the
southwesterly six (6) feet, across the Irvine
Avenue frontage of the PROPERTY, for the loss
of use of the existing garage and driveway,
for any damage to the property that might
accrue from the change of access to PROPERTY
from Irvine Avenue, for the construction of an
equivalent garage structure and drive on
• PROPERTY that will take access from Santiago
Drive including site modification costs to
close off or demolish existing garage and
grade the new garage site.
2. Construct at no cost to OWNER, curb, gutter,
sidewalk, necessary retaining walls, driveway
and approach in the public rights -of -way of
Irvine Avenue and Santiago Drive. Adjust the
grade of the common driveway from Irvine
Avenue and pave the driveway and the adjoining
area to meet existing grades. The new drive
approach location on Santiago Drive will be in
the position that is shown on the attached
plan as Exhibit "A ". The drive is to be 16 to
20 feet wide. The driveway from Santiago
Drive will be designed to have an elevation at
property line that will provide a two (2)
percent down slope toward the top of curb and
will be constructed to this grade, except as
provided for under "OWNER agrees to ", Section
6.
3. Have CITY'S contractor grade and reconstruct a
portion of the entry sidewalk from Santiago
Drive. This will be a sloped walkway unless
OWNER desires to have steps installed. If
• steps are desired, they would be installed
entirely on PROPERTY beginning at the property
line.
4. Have CITY'S contractor remove asphalt from
drive areas around existing garage that are no
longer needed and designated by OWNER for
removal. The area will be left smooth and
conforming to the natural slope.
OWNER agrees to:
2
is
THE PARTIES AGREE that Forty -one Thousand dollars
($41,000.00) is full compensation for the vehicular access right to
the PROPERTY'S Irvine Avenue frontage, except the southwesterly six
(6) feet, for any damages to property related to the loss of use of
the existing garage and the construction of a new garage, for any
obligation CITY has to construct a new garage and for temporary
access to PROPERTY for construction related activities.
1.
Execute the Grant Deed attached as Exhibit "B"
relinquishing vehicular access rights for the
PROPERTY frontage except the southwesterly six
(6) feet along Irvine Avenue.
2.
Stop using the existing garage and driveway
•
for vehicular access to Irvine Avenue on
August 1, 1991, unless this time is extended
by the Public Works Department due to a delay
in CITY'S widening project.
3.
Construct a new garage with vehicular access
to Santiago Drive by July 1, 1992.
4.
Allow CITY'S contractor to enter on PROPERTY
as necessary to remove existing driveway,
grade for and construct driveway and front
sidewalk, grade for property line retaining
walls and to make joins to areas affected by
adjacent sidewalk and driveway construction.
5.
Use the southwesterly six (6) feet of Irvine
Avenue frontage jointly with the adjoining
property owner and that OWNERS intend to use
the joint driveway only when needed to provide
occasional additional parking for visitors or
maintenance activities for PROPERTY.
6.
To reconstruct the Santiago Drive driveway to
meet a back of sidewalk grade which is 2%
above top of curb elevation, if the City does
not construct it to this grade and if in the
future the City widens Santiago Drive. The
OWNER's responsibility to reconstruct includes
•
all adjustments in grade and driveway repaving
on PROPERTY. City will not have to make any
adjustments or modifications to PROPERTY
related to the change in grade of the Santiago
Drive driveway.
is
THE PARTIES AGREE that Forty -one Thousand dollars
($41,000.00) is full compensation for the vehicular access right to
the PROPERTY'S Irvine Avenue frontage, except the southwesterly six
(6) feet, for any damages to property related to the loss of use of
the existing garage and the construction of a new garage, for any
obligation CITY has to construct a new garage and for temporary
access to PROPERTY for construction related activities.
IN WITNESS WHEREOF, the parties have caused this
• Agreement to be executed on the day and year first above written,
CITY OF NEWPORT BEACH
a Municipal Corporation
APPROVED AS TO FORM
City Attorney
ATTEST:
• City Clerk
•
By
Mayor
OWNERS:
Kent Dunlap
Irene Dunlap
4
Ll
AGREEMENT FOR IRVINE AVENUE REHABILITATION
BETWEEN 16TH STREET AND SANTIAGO DRIVE
THIS AGREEMENT, entered into this /Sg;;�, day of , 199/, by
and between the CITY OF COSTA MESA, a political subdivision of the
State of California, (hereinafter called "COSTA MESA ") and the CITY
OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to
as "NEWPORT BEACH $$).
W I T N E S S E T H•
WHEREAS, COSTA MESA and NEWPORT BEACH desire to rehabilitate
Irvine Avenue between 16th Street and Santiago Drive, hereinafter
referred to as "Project," in accordance with engineering studies
indicating the need for repair, reconstruction, and overlaying; and
WHEREAS, the street to be improved lies partly within the
corporate limits of COSTA MESA and NEWPORT BEACH; and
WHEREAS, the parties hereto desire to provide for the
concurrent reconstruction of project within both cities and desire
to pay for their proportionate share of costs thereof;
NOW, THEREFORE, the parties hereto agree as follows:
1. NEWPORT BEACH shall prepare plans and specifications for
Project in accordance with standard engineering practice. COSTA
MESA shall have the right of approval of said plans and
specifications (i.e., bonds, insurance endorsements, business
licenses, and permit requirements, etc.) as they relate to the
portion of Project within COSTA MESA.
2. NEWPORT BEACH shall process environmental impact
assessment, studies and reports for Project for both cities.
3. NEWPORT BEACH shall advertise and award the construction
contract for Project in accordance with State and local laws.
4. NEWPORT BEACH shall administer the construction contract
and shall supervise all work performed.
5. Mutual Indemnity Provision:
a. NEWPORT BEACH shall hold harmless, indemnify and
defend COSTA MESA and its officers, agents and employees from and
against all claims and liabilities for injury to person or property
arising out of any negligent or wrongful act, error or omission of
FI
r
NEWPORT BEACH or its officers, agents, or employees in the
performance of this Agreement.
b. COSTA MESA shall hold harmless, indemnity and defend
NEWPORT BEACH and its officers, agents and employees from and
against all claims and liabilities for injury to person or property
arising out of any negligent or wrongful act, error or omission of
COSTA MESA or its officers, agents, or employees in the performance
of this Agreement.
6. Prior approval of the City Engineer of COSTA MESA shall
be obtained for all Change Orders issued by NEWPORT BEACH
pertaining to the construction of the Irvine Avenue portion within
COSTA MESA. Change Orders pertaining to the construction of the
Irvine Avenue portion within Costa Mesa which are issued without
the approval of COSTA MESA shall not be eligible for reimbursement
from COSTA MESA.
7. The construction cost of Project shall be borne and paid
for by the parties hereto according to the actual sum of unit costs
for work performed within each city. The proportionate shares of
construction costs are estimated to be as follows: COSTA MESA 52%
and NEWPORT BEACH 48 %. Such estimated proportionate shares shall
be adjusted to final proportionate shares to reflect the actual
construction costs of work done within each city.
8. COSTA MESA and NEWPORT BEACH each agree to pay their
adjusted final proportionate shares of design engineering,
deflection test analysis, survey, construction inspection and
management, and testing costs for the Project. The amount that
each party shall pay for said costs shall be allocated in the same
proportionate shares as described in Item 7.
9. upon award of the construction contract to the successful
bidder, NEWPORT BEACH will forward a copy of the bid summary to
COSTA MESA together with an invoice for COSTA MESA'S estimated
proportionate share of construction design engineering, deflection
test analysis, survey, construction inspection and management, and
testing costs for Project. COSTA MESA will pay its estimated share
of Project costs to NEWPORT BEACH within thirty (30) days after
2
� r
s •
date of invoice.
10. Upon completion of Project, NEWPORT BEACH will forward to
COSTA MESA an itemized invoice setting forth the final
proportionate share of costs for Project due from COSTA MESA. Said
Project costs shall include the proportionate share due from COSTA
MESA for construction and other costs described in Item S. Upon
review and approval by COSTA MESA, appropriate final Project cost
adjustments will be made by either city within thirty (30) days
after date of invoice.
il. Upon recordation of the Notice of Completion, each party
shall maintain those improvements within their respective corporate
limits.
12. NEWPORT BEACH and COSTA MESA do hereby waive all claims
and demands against each other for any loss, damage or injury of
any kind or character to any person or property, arising out of
design and construction of Project, or arising from any act of
omission of both cities' respect of agents or employees, except to
the extent occasioned by the sole negligence or willful misconduct
of the parties or their agents or employees.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
CI OF COSTA MESA
Mayor of the City of Costa Mesa
ATTEST:
J v�
City Clerk of the City
Costa Mesa
e / So
APPROVED AS _ To F-OORR_MA:
hA
/A�,'
City Attorney of the City of
Costa Mesa
3
CITY OF NEWPORT BEACH
Mayor of the City of Newport
Beach
City Clerk of
Newport Beach
r.
Newport Beach
ME
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All-1
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0 •
CITY OF COSTA MESA
CALIFORNIA 92626 -1200 P.O. BOX 1200
FROM THE OFFICE OF THE CITY CLERK
October 24, 1990
Mrs. Wanda Raggio, City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
RE: Agreement for Irvine Avenue Rehabilitation
between 16th Street and Santiago Drive
Dear Mrs. Raggio:
Enclosed are two signed copies of the Agreement between the
City of Newport Beach and the City of Costa Mesa for rehabilitation
of Irvine Avenue between 16th Street and Santiago Drive.
The agreement was approved at the regular City Council meet-
ing held on October 15, 1990.
After the agreement has been approved, please forward a
fully executed copy to this office for our records.
EPP:me
Enclosures (2)
very truly yours,
EILEEN P. PHINNEY
City Clerk
77 FAIR DRIVE (714) 754 -5223
!41
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X77
�J
AGREEMENT FOR IRVINE AVENUE REHABILITATION
BETWEEN 16TH STREET AND SANTIAGO DRIVE
THIS AGREEMENT, entered into this day of , 1990, by
and between the CITY OF COSTA MESA, a political subdivision of the
State of California, (hereinafter called "COSTA MESA ") and the CITY
OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to
as "NEWPORT BEACH ").
W 1 7I N B S S f T H:
WHEREAS, COSTA MESA and NEWPORT BEACH desire to rehabilitate
Irvine Avenue between 16th Street and Santiago Drive, hereinafter
referred to as "Project," in accordance with engineering studies
indicating the need for repair, reconstruction, and overlaying; and
WHEREAS, the street to be improved lies partly within the
corporate limits of COSTA MESA and NEWPORT BEACH; and
WHEREAS, the parties hereto desire to provide for the
concurrent reconstruction of project within both cities and desire
to pay for their proportionate share of costs thereof;
NOW, THEREFORE, the parties hereto agree as follows:
1. NEWPORT BEACH shall prepare plans and specifications for
Project in accordance with. standard engineering practice. COSTA
MESA shall have the right of approval of said plans and
specifications (i.e., bonds, insurance endorsements, business
licenses, and permit requirements, etc.) as they relate to the
portion of Project within COSTA MESA.
2. NEWPORT BEACH shall process environmental impact
assessment, studies and reports for Project for both cities.
3. NEWPORT BEACH shall advertise and award the construction
contract for Project in accordance with State and local laws.
4. NEWPORT BEACH shall administer the construction contract
and shall supervise all work performed.
5. Mutual Indemnity Provision:
a. NEWPORT BEACH shall hold harmless, indemnify and
defend COSTA MESA and its officers, agents and employees from and
against all claims and liabilities for injury to person or property
arising out of any negligent or wrongful act, error or omission of
1
NEWPORT BEACH or its officers, agents, or employees in the
performance of this Agreement.
b. COSTA MESA shall hold harmless, indemnity and defend
NEWPORT BEACH and its officers, agents and employees from and
against all claims and liabilities for injury to person or property
arising out of any negligent or wrongful act, error or omission of
COSTA MESA or its officers, agents, or employees in the performance
of this Agreement.
6. Prior approval of the City Engineer of COSTA MESA shall
be obtained for all Change Orders issued by NEWPORT BEACH
pertaining to the construction of the Irvine Avenue portion within
COSTA MESA. Change Orders pertaining to the construction of the
Irvine Avenue portion within Costa Mesa which are issued without
the approval of COSTA MESA shall not be eligible for reimbursement
from COSTA MESA.
7. The construction cost of Project shall be borne and paid
for by the parties hereto according to the actual sum of unit costs
for work performed within each city. The proportionate shares of
construction costs are estimated to be as follows: COSTA MESA 52%
and NEWPORT BEACH 48 %. Such estimated proportionate shares shall
be adjusted to final proportionate shares to reflect the actual
construction costs of work done within each city.
8. COSTA MESA and NEWPORT BEACH each agree to pay their
adjusted final proportionate shares of design engineering,
deflection test analysis, survey, construction inspection and
management, and testing costs for the Project. The amount that
each party shall pay for said costs shall be allocated in the same
proportionate shares as described in Item 7.
9. Upon award of the construction contract to the successful
bidder, NEWPORT BEACH will forward a copy of the bid summary to
COSTA MESA together with an invoice for COSTA MESA'S estimated
proportionate share of construction design engineering, deflection
test analysis, survey, construction inspection and management, and
testing costs for Project. COSTA MESA will pay its estimated share
of Project costs to NEWPORT BEACH within thirty (30) days after
2
date of invoice.
10. Upon completion of Project, NEWPORT BEACH will forward to
COSTA MESA an itemized invoice setting forth the final
proportionate share of costs for Project due from COSTA MESA. Said
Project costs shall include the proportionate share due from COSTA
MESA for construction and other costs described in Item 8. Upon
review and approval by COSTA MESA, appropriate final Project cost
adjustments will be made by either city within thirty (30) days
after date of invoice.
11. Upon recordation of the Notice of Completion, each party
shall maintain those improvements within their respective corporate
limits.
12. NEWPORT BEACH and COSTA MESA do hereby waive all claims
and demands against each other for any loss, damage or injury of
any kind or character to any person or property, arising out of j
design and construction of Project, or arising from any act of
omission of both cities' respect of agents or employees, except to
the extent occasioned by the sole negligence or willful misconduct
of the parties or their agents or employees.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
CI Z A MESA CITY OF NEWPORT BEACH
Mayor of the city of Costa Mesa Mayor of the City of Newport
Beach
ATTEST:
J vr
City Clerk of the City f City Clerk of the City of
Costa Mesa Newport Beach
APPROVED AS TO FORM:
City Attorney of the City of City Attorney of the City of
Costa Mesa Newport Beach
3
TO BE ATTACHED TO
GREEALENTS GOING TO CITY COL"IL _ V/
v • _
Agreement Title
Short Purpose of Agreement
For City Council Meeting of�r 7 INSTRUCTIONS TO CITY CLEW. `
YES NO DATE After Council approval, how many fully executed copies should
1E6 ❑ Has Department Head "Approved as to Content "? be transmitted?
'® ❑ Has City Attorney approved? Transmitted to_
❑ ❑ Are Bonds attached (if required)? fir%/✓✓
❑ ❑ Labor and Material
❑ ❑ Faithful Performance
❑ ❑ Monument Bond Carbon copy of transmittal letter goes to originating department,
F-1 ❑ Bonds approved by City Attorney? Any other department ? — -
❑ ❑ Insurance certificates attached?
❑ ❑ Has City Attorney approved insurance? Is certified minute excerpt (or Minute Resolution) to be trans-
mitted with executed copies?
❑ ❑ Are all exhibits attached (if mentioned in ❑ Yes Qlo If so, how y copies?
agreement)?
Information supplied by��D
Additional Comments: (Initial) (Dace)
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V
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Fa
CITY OF COSTA MESA
INTER OFFICE MEMORANDUM
f��ry October 8, 1990
TO The Honorable City Council FROM "`William J. Morris
Director of Public Services
COUNCIL MEETING OF OCTOBER 15, 1990
SUBJECT: AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE
CITY OF COSTA MESA FOR REHABILITATION OF IRVINE AVENUE
FROM 16TH STREET TO SANTIAGO DRIVE.
APPROVE THE ATTACHED AGREEMENT AUTHORIZING
THE CITY OF NEWPORT BEACH TO ADMINISTER THE
PROJECT DESIGN AND CONSTRUCTION.
BACKGROUND:
Irvine Avenue was constructed during the late nineteen fifties
and the early sixties and lies within the corporate limits of the
Cities of Newport Beach and Costa Mesa. It is an essential
north -south highway with average daily traffic volume up to
40,000 vehicles. The westerly side of Irvine Avenue between 16th
Street and Baycrest Road (northeast of 20th Street) is within the
City of Costa Mesa.
Irvine Avenue is in need of repair, reconstruction, and overlay
in order to prolong its useful life and to enhance the traveling
surface. At the City Council meeting of July 17, 1989, the City
Council adopted Resolution No. 89 -163, which approved a joint
project between the Cities of Newport Beach and Costa Mesa and
established the City of Newport Beach as the lead agency. The
resolution also authorized the Assistant City Engineer to sign
and submit the application (SB 140) for State -Local
Transportation Demonstration Program funds.
DISCUSSION /ANALYSIS:
The estimated project cost for Costa Mesa is $225,000, which
includes engineering, design, contract administration, and
construction costs. Of the total cost,construction is estimated
at $195,500. This estimated cost is higher than a preliminary
construction estimate from June 23, 1989 for $140,000, which was
used on the SB 140 application. The original estimate did not
include the additional requirements specified in the soils report
and pavement analysis report prepared after the application due
to timing requirements. SB 140 Funding is to be for construction
costs only. A portion of the construction costs have been
approved by the State of California under the State -Local
The Honorable City Council
October 8, 1990
Page Twp
0
Transportation Program SB 140 Funding. It is anticipated that
the City will receive approximately $29,400 as their share of the
program.
The remaining funds are available from the 1989 -90 Capital
Improvement Budget, Capital Outlay Fund, Item No. 24. The
approval of the attached agreement authorizes the City of Newport
Beach to advertise, award, administer, and supervise all work
performed under the project.
The agreement has been reviewed and recommended for approval by
Public Services staff and the City Attorney.
SUMMARY:
Resolution No. 89 -163, adopted on July 17, 1989, approved a joint
project between the Cities of Newport Beach and Costa Mesa, and
identified the need for maintenance work to be performed on
Irvine Avenue, and established the City of Newport Beach as the
lead agency.
The attached agreement, if approved, will put in to effect the
provisions of the adopted resolution, and will allow for the
project to proceed.
It is recommended that the attached agreement be approved.
Prepared by: Ve Tran
Assistant Engineer
Project Manager: Jerry Jensen
VT:b Associate Engineer
Attachment: Resolution No. 89 -163
Approved Memorandum,
Agreement for Approval
CC City Manager
City Attorney
City Clerk
Director of Finance
C1 OF COSTA MPSA !T
INTER OFFICE MEMORANDUM
Jul 7 9
The Honorable City Council FROM Rick Pickerin
Assistant to C y'lkanager
COUNCIL MEETING OF JULY 17, 1989
SUBJECT: State -Local Transportation Demonstration Program
(SB 140) Application.
RECOMMENDATION: Approve the attached resolution recognizing
State -Local Transportation Demonstration Program
application and authorizing the Assistant City
Engineer to file applications.
BACKGROUND:
The State -Local Transportation Demonstration Program proposed to make
up to $300 million available for up to 50 percent State match of local
funding for transportation improvement project construction, excluding
right -of -way. The State participation may be up to 50 percent and may
be less than 10 percent, depending on the number of qualifying
applications received. Local agencies may drop approved projects from
the program, and the matching funds from the State would be directed
into the State's General Fund. As part of the submittal process,
Caltrans requires documentation of a commitment to provide local match
funding.
DISCUSSION /ANALYSIS:
An application has been prepared for one additional project from the
list approved at the July 3, 1989 City Council Meeting. In order to
meet the June 30th submittal deadline staff prepared and signed the
application. The attached resolution authorizes the Assistant City
Engineer to sign for the City. This project will be a joint one with
the City of Newport Beach and they will be the lead agency.
This project was submitted June 29th by the City of Newport Beach for
consideration by the State for up to 50 percent matching funding for
construction costs.
Project
Irvine Avenue -
15th Street to 22nd Street
CC City ,Clerk
City Manager
City Attorney
Dir. of Finance
19
Const. C.M.Share 50 Percent
$ 390,000 $140,000 $70,000
Prepared by: Robert Brock
Project Manager: Robert Brock
IITI'ER- OFFICE MEMO
FROM: OFFICE OF THE CITY CLERK
DATE: July 18, 1989
TO: [ ] City Manager RE:
( ] Rezone Petition No.
[ ] City Attorney
[ ) Planning Action No.
[ j Planning
( ] General Plan Amendment
[ j Building Safety
I ) Final Tract No.
[XI Public Services- dtA
[ ] Tenative Tract No.
[ ] Real Property
( ] Specific Plan
[ ] Engineering
[XX] Res. 89 -163, State Local Trans.
[ ] Transportation Services
[ ] Demon. Prog. App. - Filed by City
[ ] Street and Sanitation
Engineer
[ ] Leisure Services
[ ] Personnel
[ ] Finance
[ ] Revenue
[ ] Fire
( ] Police
[ j Communications
[ ] Redevelopment Agency
(XX] City Clerk
At the regular City Council meeting held on Monday, July 17, 1989,
the above was considered and the following action was taken:
The Council adopted Resolution 89 -163, A RESOLUTION OF THE CITY CCUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, RECOGNIZING STATE -LOCAL TRANSPORTATION DEMON-
STRATION PROGRAM APPLICATIONS AND
APPLICATIONS.
eak
THE ASSISTANT CITY ENGINEER TO FILE
0
CITY CLERK'S OFFICE
E
RESOLUTION NO. 89 -163
n
A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, REOOGNIZING STATE -LOCAL
TRANSPORTATION DEMONSTRATION PROGRAM APPLICATIONS
AND AUTHORIZING THE ASSISTANT CITY ENGINEER TO
FILE APPLICATIONS
WHEREAS, the City of Costa Mesa has identified the need for a resur-
facing project to Irvine Avenue between 15th Street and 22nd Street; and
WHEREAS, the needed project is estimated to require $390,000 resurfac-
ing and engineering costs; and
WHEREAS, the City of Costa Mesa and the City of Newport Beach desire to
have a joint project for the resurfacing of Irvine Avenue, the City of Newport
Beach being the lead agency; and
WHEREAS, the City of Costa Mesa share of the $390,000 project is estimated
to be $140,000; and
WHEREAS, the City of Costa Mesa desires to apply for State -Local Trans-
portation De onstration Program funds which may make State funding available
for up to 50 percent of construction costs for the Irvine Avenue resurfacing
project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
Mesa that the Assistant City Engineer is authorized to sign and submit the
applications for State -Local Transportation Demonstration Program Funds.
PASSED AND ADOPTED this 17th day of July, 1989.
ATTEST:
C ty Clerk of the City of Cost Mesa M yor of the Ci Costa Mesa
STATE CF CALIFORNIA ) /1 y (a'o
000NTY OF ORANGE ) ss
CITY CF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -of fLcio Cle of he City Cou cil
of the City of Costa Mesa hereby certify that the above and foregoing Resolution
No. 89 -163 was duly and regularly passed and adopted by the City Council at a
regular meeting thereof, held on the 17th day of July, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 18th day of July, 1989.
City C ex- officio Clerk 91 the
City Council of the City of Cosly Mesa