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C-2642 - Newport Boulevard Widening 32nd Street to Pacific Coast Highway
NIIEN L! . -- _ RELEASE OF STOP NOTICE. FOR PUBLIC WORKS PROJECTS + RECEIVED OCT 23 1992 Cm CLERK TC: PUBLIC ENTITY � dll l� ch — KEWPM gum (hameo(. C W. FP.OM: STOP NOTICE CLAIMANT'S NAME The undersigned hereby withdraws and releases the stop notice filed on 6cwaw L-U�. J! _, with the above-named public entity against y a fifl r 1 .9E for labor, services, equipment, ( r meterlals perfor". zd ;:ne amount o. ' �s or'urnished in connection with the ORIGINAL CONTRACT # 0 •ud:Z- `or the performance or construction of the public wor< of improvement consisting of: 1 4 - _. w w. .l li/...I 6r. 1- -i .- :w N r���..rl.M.► �fer1. AA (OMC qCi ?OrG�C grr& :C:Crw t7' :..11C'u The undersigned also hereby release$ and its subdivisions and agents, tromany!unher dot order Section 3186 of the Civil Code Df the State of Ca!iforr, a towithhold money or bonos !n resperse to � ^e stop notice andwaives aril hot c' action against them that might accrue. :hereunder DATED; QUA& IqQ f Teleohon .1loA) ���d fir.. :M'1CWf C CCM'M II Gz3.L: (a t = 0 S'ENTTO: f�"li[lCltrrt811 i�/ V.A rney w n. DEr. :cry Dtr. R Drr. ca Chief �--v. , rr l � — 2- -L 0 0 RELEASE OF STOP NOTICE Notice To: ji RECEIVED OCT 9 1992 cm c: eav, Gri nr kEWPoHi PEdCH to completely release the Stop Notice dated SZQ7&AAE,&? Z/ /992 of Address: U i J• .i "I r AGAINST Prime Contractor: y Improvements know as (Purchase Order Number): 4.4iVQW4,: &a ;.er You are hereby notified to release in full the Stop Notice in the amount of ` $ for d1jV, LK D/L�db b�l! j*"� • . (labor and nilterial furnished) Name of Claimant: Da(/Nd-*L his form 'Release of Stop Notice" must by verified or notarized and, if possible, sign same person who signed the Stop Notice. rA Z IT` >o L67 Cfi Cf, h.. y[a c.:: 7U )510 C]C3 0 "-V W N d d J J Q I o O T N C a7 0 � U m a O O w a O LL O w f r � t fr z { ai E m `o co 0. a N W I I p O ri C O C C Mm m C O e CL z LL 0 N E z c m m N w j N V O V . V r N o E ° 0 ro L V c = C v ca a) .- N u C y L M 0 C_ L O 3 L p L 3 y N L O L E C_ Q) YO YO 0. o ro NL D N N E N N own o a> N O CL r cc c O m E 0 C 0 0 C Y J+ ro C O N CL ro L C � fOA L m Q V a� i ' E ta« N a7 N L L �O C L O roL-. EL-o L ? O a) C C U C O O X ca Y a (D N O T a) O N C N _T d O N U w a C ro N y O U 0 o a- w O a is N V) fa U O C ro C ro L T E U) w Z H G m a o mV m� o Ec N U 0 = t� a m� N _N Q � 3' m c a � L 0 n L j J 0 0 L V o W 2 c z z °E § oa ¢ Z fN v E a n w ¢ Z _ H 5 m m m m 5 w ~_ LU r > Z w W Q'�rn w U W y F COD m W a >. LL w g ❑❑ w Z W w c ~ (n Z y 0 1 0 W y O g Vaa �+Q J F Q ¢ Y w Z 2i d! 5m$�. O O Z m w H 2 y O H ma -° > a H O U) ¢ w Qu 2:5 Q L Z U Q � ¢ 7 F=- W Z O I 1 m c o U a Q F (7 O w Co V 19 ❑ ❑ 11 11❑❑ F � c N z I o O T N C a7 0 � U m a O O w a O LL O w f r � t fr z { ai E m `o co 0. a N W I I p O ri C O C C Mm m C O e CL z LL 0 N E z c m m N w j N V O V . V r N o E ° 0 ro L V c = C v ca a) .- N u C y L M 0 C_ L O 3 L p L 3 y N L O L E C_ Q) YO YO 0. o ro NL D N N E N N own o a> N O CL r cc c O m E 0 C 0 0 C Y J+ ro C O N CL ro L C � fOA L m Q V a� i ' E ta« N a7 N L L �O C L O roL-. EL-o L ? O a) C C U C O O X ca Y a (D N O T a) O N C N _T d O N U w a C ro N y O U 0 o a- w O a is N V) fa U O C ro C ro L T E U) w Z H G m a o mV m� o Ec N U 0 = t� a m� N _N Q � 3' m c a � L 0 n L j J 0 0 L V 1 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 September 10, 1992 (714) 644 -3005 Brutoco Engineering and Construction, Inc. P.O. Box 429 Fontana, CA 92334 Subject: Surety: Safeco Insurance Company of America Bond No.: 5595377 Contract No.: C -2642 Project: Newport Boulevard Widening The City Council of Newport Beach on August 10, 1992 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on August 21, 1992, Reference No. 92- 556528. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach 0 EXEMPT RECORDING REQUEST PER ''CP''r F`MF;r "T CODE 6103 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Patty Mao c/o Cit Clerk City of pNewwtpport Beach Newport Beach, CA Boulevard 2-55 523 RECORDED W OFFICIAL RECORDS CF ORANGE COUNTY. CALIFORNIA FpA U AU5 2 1 1992 ?.yt� RECORDER Tides i �a Add. f POO$ Lien Nt b �a Other is Totl Reca. Fe ea a D.T.T. PCOR SMF t aI�E S "Exempt from recording fees ppursuant to Government Code Section b103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Brutoco Engineering and Construction, Inc. P.O. Box 429, Fontana, CA 92334 as Contractor, entered into a Contract on January 8, 1991 Said Contract set forth certain improvements, as follows: Newport Boulevard Widening (C -2642) Work on said Contract was completed on May 27, 1992 and was found to be acceptable on August 10, 1992 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America BY IJVe421*x or, s irec or City of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 4 / y ?i at Newport Beach, Cali ornia. BY city , RECEIVED SEP 8 1992 cm CLERK CI 1 OF NEWPCO t BEACH • • • BY AUG 1992 11 August 10, 1992 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ACCEPTANCE OF WIDENING NEWPORT BOULEVARD, 32ND STREET TO PACIFIC COAST HIGHWAY, C -2642; STATE CONTRACT NO. 12- 018791 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of Caltrans and the Public Works Department. The bid price was $3,940,590.00 Amount of unit price items constructed 3,996,393.65 Amount of change order 237,845.32 Total contract cost $4,247,238.97 A total of fifty -six (56) change orders were issued. Change orders issued dealt with bridge navigational lights, bridge column fendering system, repair of existing bridge piles, modifications to parking stalls on 32nd Street, modification to street light and traffic signals, construction of masonry wall, retaining walls and wheelchair ramps, and removal of unknown obstructions and construction modifications required to accommodate unknown field conditions. Change orders in excess of $5,000.00 were as follows: • 1. A change order in the amount of $6,272.00 provided for various modifications to street lights on Newport Boulevard and 32nd Street. 2. A change order in the amount of $7,133.00 provided for the removal of two fuel storage tanks at the former service station at Newport Boulevard and Via Lido. 0,F) 0 0 Subject: Acceptance of Widening Newport Boulevard, 32nd Street to Pacific Coast Highway, C -2642; State Contract No. 12- 018791 August 10, 1992 Page 2 3. A change order in the amount of $5,337.50 provided for the modification to the parking stalls including meter relocation on 32nd Street. 4. A change order in the amount of $ 13,912.00 provided for the removal of debris for placement of piles. 5. A change order in the amount of $15,563.00 provided for the construction of a masonry retaining wall for slope protection at the Coast Highway off -ramp. 6. A change order in the amount of $25,000.00 provided for the construction of a gravity wall and railing to widen the sidewalk at the structure (former flower shop) north of Via Lido. 7. A change order in the amount of $15,411.00 provided for the replacement of the existing bridge navigation lights. 8. A change order in the amount $26,359.00 provided for the installation of a fender rail system to protect the bridge piles and boats in the navigation channel, as required by the Coast Guard. 9. A change order in the amount of $5,039.23 provided for the repair of existing bridge piles. This project was funded from State funds, City Gas tax fund, City Water fund, County AHFP funds and contributions as follows: State Funds $1,733,862.84 City Gas Tax 701,341.45 City General Fund 255,664.14 • City Water Fund 140,000.00 County AHFP Funds 700,000.00 Circulation & Transportation Fund 589,555.65 The Contractor was Brutoco Engineers & Construction, Inc. The staff wishes to compliment the Contractor for a job well done, under difficult working conditions. Subject: Acceptance of Widening Newport Boulevard, 32nd Street to Pacific Coast Highway, C -2642; State Contract No. 12- 018791 • August 10, 1992 Page 3 The contract, awarded the work to be completed in 280 after commencement of work. A for inclement weather and extra in a revised completion date of completed by May 27, 1992. , ,2 a Benjamin B. Nolan Public Works Director • HH:so • on November 26, 1990, called for working days (403 calendar days) total of 67 working days extension work were authorized, resulting May 27, 1992. All work was STOP (NICE - PUgLIC WORKMROJECTS (Cal. Civil Code § §3103, 3181 -3187) TO: PUBLIC ENTITY FROM: NAME OF CLAIMANT CITY OF NEWPORT BEACH CALIFORNIA CONCRETE PIPE CORP. (name of public entity) (name of claimant) 2960 SO. HIGHWAY 99 (subdivision, it applicable) (street or P.O. box) P. 0. BOX 1768 STOCKTON, CA 95205 (street or P.O. box) (city) (state) (zip) NEWPORT BEACH CA 92659 -1768 (city) (state) (zip) PLEASE TAKE NOTICE that the undersigned pursuant to Civil Code Section 3181, and who perform f or agreed to perform or furnished or agreed to furnish labor or material or services or equipment togy; ' ;; •, BRUTOCO ENGINEERING & CONSTRUCTION to be used or used in the public work of (insert contractor performed or furnished) consisting of �E "ba`9 99j NEWPORT BLVD. WIDENING, NEWPORT BEACH, CA (insert location and general description of public work) This public work is being performed or constructed pursuant to the ORIGINAL CONTRACT, N C -2642 entered into between you and BRUTOCO ENGINEERING & CONSTRUCTION , the original contractor for the work of improvement. The following labor, materials, services, or equipment have been performed or furnished between the dates of FEB. 25 19 91 and APRIL 2. ,19_91 =: CONCRETE PIPE ' (insert general description or labor, materials. services, or equipment) PLEASE CaMPLETE: YES NO 1. Do you have a direct contractural relationship with the prime /original contractor? ( ) ( X) 2. Is the claim for ACTUAL LABOR for wages owing claimant? ( ) ( X ) * * * * *If the answer to both qeustions is NO , please complete questions 3 and 4: 3. On what date did you first furnish labor, services, equipment, and/or materials? FEBRUARY 25 , 1991 4. Within 20 days of that date, did you serve a preliminary notice under Civil Code §3098? a.) On the prime /original contractor? ( X) ( ) j b.) On the above public entity? ( X) ( ) 5. That the total value of labor, services, equipment, and/or materials furnished by claimant or agreed to be performed is: $ 7,317.95 6. That the value of labor, services, equipment and /or materials so performed or furnished as of the date of this notice is: $ 7,317.95 7. That such claim has not been paid except that there has been paid thereon the sum of: $ -0- 8. That there remains unpaid which is due this claimant and is unpaid: AMOUNT OF CLAIM $ 7,317.95 9. Interest on the amount of claim from MARCH 25 19 _ 1 to date of this notice at the rate of 18 per cent per annum: $ 78.00 Therefore, the undersigned hereby requests and demands t at you withhold sufficient funds to satisfy this claim as required under Section 3186 of the California Civil Code ting to s i s for public works. DATED: MAY 21, 1991 (sign re of claimant's officer or agent) 209 - 466 -4212 GENERAL MA VC (telephone number) (title) (contractor's license number) I, CY THOMSON , declare that: I am the person named as claimant or agent for claimant in the foregoing stop notice. I have read it and know the contents thereof. It is true and correct of my own personal knowledge and contains, among other things, a correct statement of my demand. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was execute MAY 2 19 91 at STOCKTON , California. (signature) CD SL K- TO: I CITY OFJWPQRI BEACH - PUBLIC (name of 70blic entity) ENTITY (subdivision, it applicable) P. 0. BOX 1768 (street or P.O. box) NEWPORT BEACH, CA 92659 -1768 (city) (state) (zip) GENTLEMEN: In accordance with Sections 3158 and 3181 of the California Civil Code, you are hereby served a stop notice concerning the public work of improvement consisting of: RECEIVED NEWPORT BLVD. WIDENING. NEWPORT BEACH. CA MAY 23 1991 (insert location and general description of public work) - �jl -OF" HEWPoRr BEACH This public work is being performed pursuant to ORIGINAL CONTRACT# C -2642 entered into between you and BRUTOCO ENGINEERING & CONSTRHCTTON the original or reputed original contractor for such improvement. Pursuant to Section 3185 of the California Civil Code, enclosed is the sum of TWO DOLLARS ($2.00), in the form of a check or money order, to cover the cost of notification of completion or cessation. Please send said notice of completion or cessation to the undersigned. SINCERELY, ALIFORNIA CONCRETE PIPE CORP (nam �o� (signature of claim n or agent) GENERAL AGER (title) 2960 SO. HIGHWAY 99 (street or P.O. box) STOCKTON, CA 95205 (city, state, zip) DATED: MAY 21, 1991 Telephone: (209 ) 466 -4212 Contractor's License # DECLARATION OF SERVICE I, LINDA NUNEZ declare that I served the above Request for Notice of Completion /Acceptance or Cessation by first class registered/ certified mail, postage prepaid, on the public entity at the above address, on MAY 21, ,19 91 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MAY 21 Signature of person making ATTACH RECEIPT OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED California e. PUBLIC ENTITY COPY - C.1.1., INC. FORM FF IVENDOR# CITY OF NEWPORT BEACH DATED 5/21/91 CHECK NO.+ 12772 'INV,OICE NUMBER ': ". DATE '' .COMMENTS ' "'GROSS AMOUNT DISCOUNT NET AMOUNT-,:. COPY OF NOTICE OF COMPLETION NEWPORT BLVD. WIDENING, CONTRACT # C -2642 ON NEWPORT BEACH, CA 2.00 UVC2 202 -RV90 CALIFORNIA CONCRETE PIPE CORPORATION 2.00 CALIFORNIA CONCRETE PIPE 2960 S. HIGHWAY 99 STOCKTON, CA 95205 CORPORATION (209) 466 -4212 PAY * * ** *TWO DOLLARS AND NO CENTS * * * ** TO THE CITY OF NEWPORT BEACH ORDER OF 0—� SECURITY 12772 PACIFIC 19 -3/031 �* BANK AUBURN, WA98002 1260 NOF 12772 5/21/91 * *$2.00 ** CALIFORNIA CONCRETE PIPE CORPORATION 11.01277211' 1:1 2 50000 3 71: 03L031787511' !G• I \ J tin -as z. .I • 0 6 3k) TO: City Council FROM: Public Works Department SUBJECT: NEWPORT BOULEVARD WIDENING PROJECT RECOMMENDATION: (' _ �L- January 14, 1991 CITY COUNCIL AGENDA ITEM NO. F -2(C) !T i Adopt a resolution requesting the Orange County Arterial Highway Financing Program (AHFP) to approve an extension of time for awarding the Newport Boulevard widening contract from October 1, 1990, to November 16, 1990. DISCUSSION: The AHFP project administration agreement for the Newport Boulevard widening project specified contract award by October 1, • 1990. In order to provide adequate time for the California Transportation Commission to appropriate additional funds for the Caltrans share of the project, it was necessary to defer award of the contract to November 26, 1990. The recommended resolution is a procedural step required by the AHFP administrative process, and will complete the procedures necessary to extend the contract award date. Gdkt H zo KZ Benjamin B. Nolan Public Works Director BBN:so • 3 0 0 RESOLUTION NO. 91 -8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THAT THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP) APPROVE AN E %TENSION OF TIME FOR AWARDING THE NEWPORT BOULEVARD WIDENING PROJECT CONTRACT (AHFP 1241 AND 1267) FROM OCTOBER 11 1990, TO NOVEMBER 26, 1990 WHEREAS, a project for widening Newport Boulevard from 32nd Street to Pacific Coast Highway has been included within the Arterial Highway Financing Program (AHFP); and WHEREAS, the project administration agreement specified award of the construction contract by October 1, 1990; and WHEREAS, bids for the construction contract were substantially higher than estimated, and required that additional funding be obtained; and WHEREAS, it was necessary to defer award of the construction contract to November 26, 1990, in order to allow time for the California Transportation Commission to appropriate additional funds for the Caltrans share of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach requests that the Orange County Arterial Highway Financing Program (AHFP) approve an extension of time for awarding the construction contract for AHFP 1241 and 1267 from October 1, 1990, to November 26, 1990. Adopted this 14th day of Ammccm. January '1991 MAYOR j TO: V CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 FINANCE DIRECTOR FROM: CITY CLERK DATE: January 14, 1991 SUBJECT: Contract No. C -2642 Description of Contract Newport Boulevard Wid Effective date of Contract January 8, 1991 Authorized by Minute Action, approved on November 26, 1990 Contract with Brutoco Engineering and Construction, Inc. Address P.O. Box 429 Fontana, CA 92334 Amount of Contract $3,940,590.00 6'e 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach C7 • • TO: City Council FROM: Public Works Department BY THE CITY COUNC TY OF NEWPORT BED N`V 2 6 1!yG; -i FRffvrn November 26, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(a) SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY (C -2642) RECOMMENDATIONS: 1. Authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement (C- 2642 -A) with State for funding of project design and right -of -way acquisition. 2. Authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement (C- 2642 -C) with State for funding and administration of project construction. /3. Award Contract No. 2642 to Brutoco Engineering and �/ Construction, Inc. for $3,940,590.00 and authorize the Mayor and City Clerk to execute the contract subject to 10010161MI"CO RF Caltrans execution of Amendment No. 1 to Agreement (C- 2642 -C). Approve budget amendments. Introduction On October 22, 1990, the City Council approved an agreement with Brutoco Engineering and Construction Inc. to extend the award date for Contract No. 2642 and directed City staff to pursue additional funding needed for construction of the project. On November 6, 1990, the State of California Transportation Commission approved the additional funding needed for the State's share of the project cost. Since that time City staff has worked with Caltrans to amend the project administration agreements necessary to provide for the State's share of project cost and prepared budget amendments for City Council consideration necessary to provide for the City's share of the project cost. A copy of the October 22, 1990, City Council report describing the scope of work, bid analysis and project background is attached. • II. Agreement for Design & Right-of-Way Amendment No. 1 to Agreement C- 2642 -A (State Agreement No. 3775, Project Design and Right -of -Way Acquisition) provides for 1) increase design cost of $50,000 shared equally by the City and State; 2) Right -of -Way acquisition cost of $672,000 shared equally by the City and State; and 3) extends term of Agreement to December 31, 1991. Subject: Newport (C -2642) November 26, 1990 Page 2 • Boulevard Widening 32nd is Street to Coast Highway Project Costs (portion included in Agreement C- 2642 -A) as follows: City's State's Total Description Share Share Cost Plans, Special Provisions and Estimates Preparation $175,000 $125,000 $300,000 Right -of -Way Acquisition * 336,000 336,000 ** 672,000 Total $511,000 $461,000 $972,000 * The cost reimbursement payable by City to State will be the balance of $336,000 less the City's expense of $45,000 for right -of -way obligation or $291,000. ** The cost includes Mobil Gas Station acquisition cost of $627,000 and City's right -of -way obligation of $45,000 to Lido Mall parking • lot. III. Agreement for Construction Administration Amendment No. 1 to Agreement C- 2642 -C (State Agreement No. 12 -037, Project Construction Administration) provides for increased construction costs as follows: city's State's Total Description Share Share Cost Construction $2,262,350 $1,678,650 $3,941,000 Construction Engineering Administration & Contingency 533.150 395.950 929,100 Total $2,795,500 $2,074,600 $4,870,100 In addition to the increase in construction and related engineering and contingency costs, this amendment eliminates the removal of contaminated soil from the Mobil Gas Station under the City's is contract. Clean -up of any contaminated soil encountered on the project will be provided for under a separate contract to be administered by Caltrans. IV. Construction Staging and Traffic Control Due to the high traffic volumes and the restricted working area along Newport Boulevard and the Newport Channel Bridge, particular attention has been given to construction staging and traffic Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) November 26, 1990 Page 3 • control. Construction staging and detours have been designed to maintain two lanes of travel in both directions along Newport Boulevard most of the time. However, there will be times when traffic is restricted to one lane. Where possible that work has been scheduled for night time hours, with traffic returned to two lanes in each direction by 6:00 A.M. There will also be times when traffic detours are being set -up and /or construction operations require lane closures. The project specifications require that those lane closures be held to a minimum. A construction staging report which describes traffic control, construction staging and estimated working days is attached. In an effort to inform the public, City staff will publish a periodic newsletter with information regarding construction status, traffic restrictions and detour instructions. The project will require 280 working days (1 year and 2 months) to complete the work. Due to the size and complexity of the project and the fact that construction will extend over the entire year, some delays in completion of the work are anticipated. Unforseen • contingencies, and delays due to weather, can be expected to add 2 months to the required project working days; resulting in a project construction period of 1 year and 4 months. In order to allow time for Caltrans to execute the Amended Project Administration Agreement and to avoid disrupting traffic and parking in the City Hall area during the holiday season, the Contractor will be directed to begin work in January with completion of the project anticipated by May 1992. V. Protest of Contract Award The second low bidder, Excel Paving of Long Beach, has protested award of the contract to Brutoco Engineering and Construction, Inc. Excel Paving claims that Brutoco has not met the required Disadvantaged Business Enterprize (DBE) Goals required by the project specifications. Excel Paving claims that Miguel Construction of Rialto, Brutoco's DBE subcontractor, was not certified as a DBE contractor by Caltrans at the time of the bid opening on September 11, 1990. Caltrans Office of Civil Rights in Sacramento reviewed Excel Paving's protest and has notified the City that Miguel Construction of Rialto was certified as a (DBE) Contractor on September • 11, 1990. Caltrans letter dated November 15, 1990, is attached. Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) November 26, 1990 Page 4 • VI. Funding In addition to funds in the current City budget, the following budget amendments are required: Description Amount From To Water $140,000 Water Fund Reserve 50- 9297 -205 Circulation and Transportation 200,000 26- 3326 -004 State Contributions 500,000 Caltrans 25- 3326 -004 VII. Recommendation • Approve the amended project agreements with Caltrans and the proposed budget amendments and award Contract No. C -2642 to Brutoco Engineering and Construction Inc. for $3,940,590 subject to Caltrans execution of Amendment No. 1 to Agreement C- 2642 -C (Project Administration Agreement). Benjamin B. Nolan Public Works Director JW:so Attachments • C7 • • •ctober 22, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(c) TO: City Council FROM: Public Works Department SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY (C -2642) RECOMMENDATIONS: Authorize the Mayor and the City Clerk to execute an agreement with Brutoco Engineering and Construction, Inc. of Fontana, the lowest responsible bidder, to extend the award date for Contract No. 2642. Direct the City staff to notify the unsuccessful bidders and to release their bid bonds. Direct City staff to pursue additional funding. DISCUSSION: I. Introduction On May 11, 1987, the City Council adopted a resolution supporting the programmed State Transportation Improvement Program (STIP) for the project. On June 22, 1987, the City Council entered into an agreement with Caltrans which provided for Caltrans Bridge Plans to be included in the final plans and specifications and for the City to administer a construction contract funded 50% Caltrans and 50% City on the State highway portion of the project. Bids for the project were received on September 11, 1990, with the low bid exceeding the Engineer's Estimate by $1,214,863.50. In preparation of the recommendation to extend the award, staff has reviewed and analyzed the project scope of work, the bids received, and the project funding in the following Sections II, III & IV, the agreement with Brutoco Construction and the recommendations are discussed in Sections V & VI. II. Scope of Work and Project Description The project proposes to widen the east side of Newport Boulevard; and, with resurfacing and restriping of the existing roadway, will provide for three northbound lanes and sidewalk bike trail from 32nd Street to Coast Highway. The project will include new curb, gutter, and sidewalk along the entire east side of Newport Boulevard and the west side of Newport Boulevard from Finley Avenue to Short Street; a raised landscaped median along a portion of Newport Boulevard; left turn lanes at intersections; ramp construction to eastbound Coast Hi hwa fro APPROVED BY %117 COUNCIL DATE K.)— " • Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) October 22, 1990 Page 2 northbound Newport Boulevard; bridge widening on the east side of the Newport Channel Bridge; drainage improvements; water main nd utility relocations; retaining walls where necessary; bulkheads; bus stops; traffic signal modifications; street light modifications; striping and signing; bike ramp construction and sidewalk widening to the west side of Newport Boulevard from north of the Newport Channel Bridge to Short Street; and elimination of the aisle and parking spaces in front of City Hall and construction of angle parking in 32nd Street in accordance with Council directive. Due to the high traffic volumes and the restricted working area along Newport Boulevard and the Newport Channel Bridge, particular attention has been given to traffic control and construction phasing. The project will require one year and two months to complete the work. Construction phasing and detours have been designed to maintain two lanes of travel in both directions on Newport Boulevard most of the time. However, there will be times when traffic is restricted to one lane. Where possible that work has been scheduled for night time hours, with traffic returned to • two lanes in each direction by 6:00 A.M. There will also be times when traffic detours are being set up and /or construction operations require lane closures. The project specifications require that those lane closures be held to a minimum. Discussions with Caltrans' engineers have determined that there are no practical revisions to the design concept or the scope of work involved. III. Bid Analysis Three bids for this contract were opened at 2:00 P.M. on September 11, 1990. Bidder Amount 1. Brutoco Engineering and Construction $3,940,590.00 2. Excel Paving, Long Beach $4,002,670.00 3. Griffith Company, Santa Ana $4,300,038.90 • The low bid is 45% greater than the Engineer's Estimate of $2,725,726.50. A review of the bids received indicates that the cost for bridge widening (structural concrete, footing concrete, reinforced concrete girders and bridge work mobilization) and traffic control items exceeded the Engineers Estimate of $711,860 for those items by approximately $1,100,000. The remaining increase in the bid price of $115,000 was spread over the various • • Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) October 22, 1990 Page 3 • items of street and storm drain work. Discussions with Caltrans Bridge Department Engineers revealed that the bridge estimate was made from State -wide averages for bridge construction cost and did not adequately take into account that much of the work would be performed over water, involved relatively small quantities and required mobilization in a very congested area. Based on this analysis and a review of other factors affecting the project, the low bid represents a reasonable cost for the project. The Engineers Estimate appears to have underestimated the access and construction difficulties in this very congested area. The low bidder, Brutoco Engineering and Construction, has satisfactorily performed similar work for Caltrans in the past. IV. Project Funding A. Estimated Project Costs: State Citv Total • 1- Construction (low bid) 1,700,000 2,240,590 3,940,590 2- Construction Engineering, Inspection, Admin. and Contingencies 400,000 459,410 859,410 Subtotal 2,100,000 2,700,000 4,800,000 3- Right -of -Way Cost 336,000 291,000 672,000 Total Project Cost 2,436,000 22 99 5.472,000 B. Current Project Funding Available State Share 1,436,000 City Share: AHFP Fund 700,000 General Fund 154,400 Gas Tax Fund 1,021,600 • Circulation & Transport. Fund 900,000 2,776,000 2,776,000 Total 4,212,000 C. Additional Project Funding Being Sought 1. State 1,000,000 2. City 260,000 Total Additional Funding Required 1,260,000 Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) October 22, 1990 Page 4 • The Orange County Transportation Commission has approved the Caltrans request for $1,000,000 in additional State funds for the project. The request is now on the November 7, 1990, State Transportation Commission agenda. If that request is approved, the City / Caltrans Project Administration Agreement must be revised to provide for the additional State and City funds. Proposed Additional City Funding: (appropriation required) Water Fund 140,000 Circulation & Transportation Fund 120,000 Total 260,000 Water funds for this project available in the 1989/90 budget were not carried over to the current budget. If the State Funds are approved by the State Transportation Commission, budget amendments to provide for the additional State and City share will be prepared for Council consideration. • V. Agreement to Extend Award Date The Agreement to extend the award date with the low bidder, Brutoco Engineering and Construction, Inc. of Fontana, provides for the following: A. General 1. Extend allowable time for City Council to award Contract No. 2642 by 66 days (to December 30, 1990). 2. Brutoco Engineering and Construction will maintain construction bid bond. B. City agrees to award Contract No. 2642 to Brutoco Engineering and Construction on or before the end of the extended allowable time (December 30, 1990) if the required funds become available and all other specified requirements are met. • VI. Recommendation Staff recommends the agreement to extend the contract award date for Council approval because it appears that a large portion of the additional funding required for the project may become available in November. The following information was also considered in preparing this recommendation: A. The low bid is reasonable for the project scope of work. Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) October 22, 1990 Page 5 • B. The low bidder has satisfactorily performed work for the State in the past and is agreeable to extending the award date without a price modification. C. There are no feasible alternate alignments. D. There are no viable alternate design methods. E. Phased construction of this work is not practical. F. Re- advertising projects without substantial design changes or changes in scope of work generally results in higher bid prices. While extending the award date will allow time to provide for a large portion of the additional funds required, the City will also be required to provide some additional funding. It is also the City Council's option at this time to • reject all bids and re- advertise at a later date if funds are obtained, or to reject all bids and abandon the project. i r (11- l tzz Benjamin B. Nolan Public Works Director JW:so Attachment • • • • NEWPORT BOULEVARD STREET AND BRIDGE WIDENING CONSTRUCTION STAGING STAGE I -A 40 WORKING DAYS Traffic Control - Maintain two northbound and two southbound lanes on Newport Boulevard with signing and striping. Improvements - Construction of replacement parking and sewer and water improvements on 32nd Street between Villa Way and Newport Boulevard. Street widening on the west side of Newport Boulevard between Finley Avenue and Short Street. - Begin demolition and street widening on the east side of Newport Boulevard • between Finley Avenue and the Newport Channel Bridge. - Construction of interim bike trail improvements on the east ramp quadrant. - Construction of ultimate bike trail improvements on the west ramp quadrant and sidewalk widening on the west side of the Newport Boulevard between Channel Bridge and Short Street. STAGE I -B 20 WORKING DAYS Traffic Control Maintain one lane for ramp northbound Newport Boulevard to eastbound Pacific Coast Highway. - Close ramp for eastbound Pacific Coast Highway to northbound Newport Boulevard. Advanced warning signs provided to direct traffic to use northbound Superior Avenue. • Intermittent night closure to one lane (9:00 p.m. - 5:00 a.m.) on Newport Boulevard to allow for construction of interim ramp transition. Newport Boulevard Construction Staging Page 2 • Improvements - Construct interim Eastbound Pacific Coast Highway to Northbound Newport Blvd. ramp. Construct transition lane and shoulder on Newport Blvd. for Eastbound Pacific Coast Highway to Northbound Newport Blvd. - Demolish existing parking area in front of City Hall and regrade. - Begin bridge construction. STAGE 11 100 WORKING DAYS Traffic Control Maintain 2 northbound and 2 southbound lanes on Newport Boulevard with signing and striping. • Reopen eastbound Pacific Coast Highway to northbound Newport Boulevard. Improvements • - Street widening in front of City Hall. - Completion of improvements on east side of Newport Boulevard between Finley and Short Streets. - Continue bridge widening work. - Construction of ultimate ramp improvements for northbound Newport Boulevard to eastbound Pacific Coast Highway. 87260Specs Construction Staging • • Newport Boulevard Construction Staging Page 3 STAGE III 100 WORKING DAYS Traffic Control - Shift traffic to widen portions of Newport Boulevard. Maintain two northbound and two southbound lanes. - Close the eastbound Pacific Coast Highway to northbound Newport Boulevard ramp a second time. Advanced warnig signs used again to direct traffic to use northbound Superior Avenue. - Night closures to one lane for southbound Newport Boulevard to allow for water vault construction (9:00 p.m. - 5:00 a.m.) Improvements Construct median improvements on Newport Boulevard between 32nd Street and south end of Channel Bridge. Complete bridge widening. - Construct ultimate ramp improvements for eastbound Pacific Coast Highway to northbound Newport Boulevard. - Night construction of water vault and related water improvements on Newport Boulevard north of 32nd Street. STAGE IV Traffic Control 10 WORKING DAYS - Maintain two northbound and two southbound lanes, Newport Boulevard shift traffic with striping and signing to allow for deck overlay in center portion of bridge. Open eastbound Pacific Coast Highway to northbound Newport Boulevard Ramp. Improvements - Deck overlay of center portion of Channel Bridge. 87260Specs Construction Staging • • Newport Boulevard Construction Staging Page 4 • STAGE V 10 WORKING DAYS Traffic Control • - Ultimate traffic lanes used between 32nd Street and Short Street. Traffic shifted with signing and striping at the Channel Bridge to allow for deck work on the west side. Improvements - Deck overlay on the west side of Channel Bridge. 67260Specs Construction Staging • • STATE OF c&U?O1 N1A— µy1,00, TA�WPOVATION AND NOWNO AOINCY NOW veuI ""' ww do DEPARTMENT OF TRANSPORTATION 1150 N ST;IST P.O. box 912073 SACRAMENTO, CA V42734W D (Ply) iSF0000 916) 445 -2059 November 15, 1990 Mr. John Walter Associate City Engineer City Of Newport Beach Department of public works 3300 Newport Beach Blvd. Newport Beach, CA 92658 -8915 Dear Mr, welter: • Miguel Ccnetruction Incorporated Disadvantaged Business Enterprise Rights as of May 29, 1990, with a May 1991. Offi of civil Rights 0 was certified as a by the Office of Civil n expiration date of 0 may: O� 4 O f cu cr- I 3 z Yo - p21qL in it 0 AVMH!JIH 1 I3NNVHO IdOdM3N 1 Q C.� <v' / Q cD I-.:-I • 0 Y• • AVMHDIH 7 .isdo:)/ N /I 11 -13NNVHDJ l8odM3N { 1 j 11 �� N co cu �Q u al Q 11 >" N W J _2 [t, 0 ! J a m H I 0 I a �1 Z I... J Q U W Q 07 � E 0 • • xdMH91H 4 13 NNVHD ui at Ez ti p I m r a I a I N 11, (--I la0dM3N i ,l / Q ' � Q �2 t :..ar A Ld H� M v Itt z Q N m Y- a Q W U i A Ld H� M 0 0 • • lsdoo Owov_d--� rr fr 11 i 1 ' 13NNVH INOdM3N Q /Q W �11 Q _ >- ICU J Z tl LL. ri 11 m I f �' f- I I 2 J Q F- W Q H 0 AvmmolH isvoo 13NNVH:D i r� Ite W NI W ^ to F- I • RI3� W 2 r J wlc� oVd r • C J is TO: FROM: • City Council Public Works Department October 22, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(c) SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY (C -2642) RECOMMENDATIONS: Authorize the Mayor and the City Clerk to execute an agreement with Brutoco Engineering and Construction, Inc. of Fontana, the lowest responsible bidder, to extend the award date for Contract No. 2642. Direct the City staff to notify the unsuccessful bidders and to release their bid bonds. 3. Direct City staff to pursue additional funding. DISCUSSION: I. Introduction On May 11, 1987, the City Council adopted a resolution supporting the programmed State Transportation Improvement Program (STIP) for the project. On June 22, 1987, the City Council entered into an agreement with Caltrans which provided for Caltrans Bridge Plans to be included in the final plans and specifications and for the City to administer a construction contract funded 50o Caltrans and 50o City on the State highway portion of the project. Bids for the project were received on September 11, 1990, with the low bid exceeding the Engineer's Estimate by $1,214,863.50. In preparation of the recommendation to extend the award,. staff has reviewed and analyzed the project scope of work, the bids received, and the project funding in the following Sections II, III & IV, the agreement with Brutoco Construction and the recommendations are discussed in Sections V & VI. II. Scope of Work and Project Description The project proposes to widen the east side of Newport Boulevard; and, with resurfacing and restriping of the existing roadway, will provide for three northbound lanes and sidewalk bike trail from 32nd Street to Coast Highway. The project will include new curb, gutter, and sidewalk along the entire east side of Newport Boulevard and the west side of Newport Boulevard from Finley Avenue to Short Street; a raised landscaped median along a portion of Newport Boulevard; left turn lanes at intersections; ramp construction to eastbound Coast Highway from 0 0 Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) October 22, 1990 Page 2 northbound Newport Boulevard; bridge widening on the east side of the Newport Channel Bridge; drainage improvements; water main nd utility relocations; retaining walls where necessary; bulkheads; bus stops; traffic signal modifications; street light modifications; striping and signing; bike ramp construction and sidewalk widening to the west side of Newport Boulevard from north of the Newport Channel Bridge to Short Street; and elimination of the aisle and parking spaces in front of City Hall and construction of angle parking in 32nd Street in accordance with Council directive. Due to the high traffic volumes and the restricted working area along Newport Boulevard and the Newport Channel Bridge, particular attention has been given to traffic control and construction phasing. The project will require one year and two months to complete the work. Construction phasing and detours have been designed to maintain two lanes of travel in both directions on Newport Boulevard most of the time. However, there will be times when traffic is restricted to one lane. Where possible that work has been scheduled for night time hours, with traffic returned to • two lanes in each direction by 6:00 A.M. There will also be times when traffic detours are being set up and /or construction operations require lane closures. The project specifications require that those lane closures be held to a minimum. Discussions with Caltrans' engineers have determined that there are no practical revisions to the design concept or the scope of work involved. III. Bid Analysis Three bids for this contract were opened at 2:00 P.M. on September 11, 1990. Bidder Amount 1. Brutoco Engineering and Construction $3,940,590.00 2. Excel Paving, Long Beach $4,002,670.00 3. Griffith Company, Santa Ana $4,300,038.90 • The low bid is 45% greater than the Engineer's Estimate of $2,725,726.50. A review of the bids received indicates that the cost for bridge widening (structural concrete, footing concrete, reinforced concrete girders and bridge work mobilization) and traffic control items exceeded the Engineers Estimate of $711,860 for those items by approximately $1,100,000. The remaining increase in the bid price of $115,000 was spread over the various Y • lr u 0 0 Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) October 22, 1990 Page 3 items of street and storm drain work. Discussions with Caltrans Bridge Department Engineers revealed that the bridge estimate was made from State -wide averages for bridge construction cost and did not adequately take into account that much of the work would be performed over water, involved relatively small quantities and required mobilization in a very congested area. Based on this analysis and a review of other factors affecting the project, the low bid represents a reasonable cost for the project. The Engineers Estimate appears to have underestimated the access and construction difficulties in this very congested area. The low bidder, Brutoco Engineering and Construction, has satisfactorily performed similar work for Caltrans in the past. IV. Project Funding A. Estimated Project Costs: State 1- Construction (low bid) 1,700,000 2- Construction Engineering, Inspection, Admin. and Contingencies 400,000 Subtotal 2,100,000 3- Right -of -Way Cost 336.000 Total Project Cost LE State Share City Share: City 2,240,590 459,410 2,700,000 291,000 2,991,000 Current Project Funding Available AHFP Fund General Fund Gas Tax Fund Circulation & Transport. Fund Total Total 3,940,590 859,410 4,800,000 672.000 5472.000 1,436,000 700,000 154,400 1,021,600 900.000 2,776,000 2,776,000 44 21,000 C. Additional Project Funding Being Sought 1. State 1,000,000 2. City 260.000 Total Additional Funding Required 1,260,000 Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) October 22, 1990 Page 4 • The Orange County Transportation Commission has approved the Caltrans request for $1,000,000 in additional State funds for the project. The request is now on the November 7, 1990, State Transportation Commission agenda. If that request is approved, the City / Caltrans Project Administration Agreement must be revised to provide for the additional State and City funds. Proposed Additional City Funding: (appropriation required) Water Fund 140,000 Circulation & Transportation Fund 120,000 Total 260,000 Water funds for this project available in the 1989/90 budget were not carried over to the current budget. If the State Funds are approved by the State Transportation Commission, budget amendments to provide for the additional State and City share will be prepared for Council consideration. • V. Agreement to Extend Award Date The Agreement to extend the award date with the low bidder, Brutoco Engineering and Construction, Inc. of Fontana, provides for the following: A. General 1. Extend allowable time for City Council to award Contract No. 2642 by 66 days (to December 30, 1990). 2. Brutoco Engineering and Construction will maintain construction bid bond. B. City agrees to award Contract No. 2642 to Brutoco Engineering and Construction on or before the end of the extended allowable time (December 30, 1990) if the required funds become available and all other specified requirements are met. • VI. Recommendation Staff recommends the agreement to extend the contract award date for Council approval because it appears that a large portion of the additional funding required for the project may become available in November. The following information was also considered in preparing this recommendation: A. The low bid is reasonable for the project scope of work. Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) October 22, 1990 Page 5 • B. The low bidder has satisfactorily performed work for the State in the past and is agreeable to extending the award date without a price modification. C. There are no feasible alternate alignments. D. There are no viable alternate design methods. E. Phased construction of this work is not practical. F. Re- advertising projects without substantial design changes or changes in scope of work generally results in higher bid prices. While extending the award date will allow time to provide for a large portion of the additional funds required, the City will also be required to provide some additional funding. It is also the City Council's option at this time to • reject all bids and re- advertise at a later date if funds are obtained, or to reject all bids and abandon the project. A�Z( 62, l �z Benjamin B. Nolan Public Works Director JW:so Attachment • SUPPLEMENTAL AGREEMENT FOR EXTENSION OF AWARD OF CONTRACT FOR CONSTRUCTION OF NEWPORT BOULEVARD (SR 55) 32ND STREET TO PACIFIC COAST HIGHWAY (SR 1) THIS AGREEMENT is made and entered into this qf5 ,� day of October, 1990, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and the firm BRUTOCO AND CONSTRUCTION, INCORPORATED, a California corporation, hereinafter referred to as "CONTRACTOR ". W I T N E S S E T H: WHEREAS, the City Council of the City of Newport Beach on July 9, 1990, advertised for bids for the construction of the Newport Boulevard, 32nd Street to Pacific Coast Highway Street Widening project, hereinafter referred to as "PROJECT "; and WHEREAS, sealed bids were opened on September 11, 1990, by the City Clerk of the City of Newport Beach; and WHEREAS, CONTRACTOR was the low bidder for construction of the "PROJECT" with a bid of $3,940,590, an amount in excess of the Engineer's Estimate and project funding by 45 %; and WHEREAS, CITY, being desirous of completing said PROJECT is seeking additional project funding from a variety of sources; and WHEREAS, securing a commitment for the additional funding being sought will take more time than is allowed for award of the contract pursuant to the Contract documents, and said additional time is not a circumstance attributable to unreasonable delay, or fault of CITY or the CONTRACTOR; and WHEREAS, both parties are desirous of entering into a contract for the PROJECT and propose to extend the time for award of the Contract only, without modification to any contractual provision relative to the duties to be performed by CONTRACTOR under the contract or the compensation to be paid by CITY; and WHEREAS, both parties agree to such a proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto do agree as follows: 1 E I. GENERAL A. Section 3 -1.03 of the "Projects Special Provisions" titled "AWARD OF CONTRACT" shall be modified to extend the time to award the contract an additional 66 calendar days to and including December 30, 1990. B. Except as modified herein, all terms and conditions of the Contract Specifications, the Standard Special Provisions, the Special Provisions, the Project Drawings, and the Contract Documents shall remain in full force and effect, and any promise or representation not set forth in this Agreement shall be void and of no effect. II. DUTIES OF CITY A. CITY shall award the Contract to CONTRACTOR on or before the end of the time specified by this Agreement, provided the required additional project funding has been secured by CITY and all requirements specified in the Contract documents are met. III. DUTIES OF CONTRACTOR A. CONTRACTOR agrees to honor his Bid Proposal as submitted September 11, 1990, until December 30, 1990, and to honor all conditions of the Contract Documents, the Project Specifications, the Special Conditions, the Standard Specifications and the Project Drawings. All bid, performance and payment bonds shall remain in full force and effect for the period extended by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year just above written. APPRO,VGEID^, AS T FORM: City Attorn y CITY OF NEWPORT BEACH a Municipal Corporation By t kz; : a_ \ l w Mayor BRUTOCO ENGINEERS AND CONSTRUCTION INC., a California Corporation By Mic a 1 H. King President 2 Y /1 C TO: FROM: BY THE JUL 91990 City Council Public Works Department 0 July 9, 1990 CITY COUNCIL AGENDA ITEM NO. F -16 SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY PLANS, SPECIFICATIONS AND AMENDED ENGINEERING SERVICES AGREEMENT - C -2642 AND C -2642B RECOMMENDATIONS: 1. Authorize the Mayor and City Clerk to execute the Amended Engineering Service Agreement with Williamson and Schmidt Consulting Civil Engineers. Approve plans and specifications for Contract No. 2642. Aut- hor4- ze-the Ci **Xlerk tD ady,ert i s.e for...bids- upon =raceipt- ..ofoappromal...f rom —Ca ,Ltrans,. DISCUSSION: The project proposes to widen the east side of Newport Boulevard; and, with resurfacing and restriping of the existing roadway, will provide for three northbound lanes and sidewalk bike trail from 32nd Street to Coast Highway. The project will include new curb, gutter, and sidewalk along the entire east side of Newport Boulevard and the west side of Newport Boulevard from Finley Avenue to Short Street; a raised landscaped median along a portion of Newport Boulevard; left turn lanes at intersections; ramp construction to eastbound Coast Highway from northbound Newport Boulevard; bridge widening on the east side of the Newport Channel Bridge; drainage improvements; water main and utility relocations; retaining walls where necessary; bulkheads; bus stops; traffic signal modifications; street light modifications; striping and signing; bike ramp construction and sidewalk widening to the west side of Newport Boulevard from north of the Newport Channel Bridge to Short Street; and elimination of the aisle and parking spaces in front of City Hall and construction of angle parking in 32nd Street in accordance with Council directive. Due to the high traffic volumes and the restricted working area along Newport Boulevard and the Newport Channel Bridge, particular attention has been given to traffic control and construction phasing. The project will require one year to complete the work. By scheduling construction to begin after the Labor Day weekend, construction impacts will be limited to Subject July 9, Page 2 Newport Boulevard Widening 32nd Street to Coast Highway Plans, Specifications and Amended Engineering Services Agreement - C -2642 and C -2642B 1990 just one summer. Construction phasing and detours have been designed to maintain two lanes of travel in both directions on Newport Boulevard most of the time. However, there will be times when traffic is restricted to one lane. Where possible that work has been scheduled for night time hours, with traffic returned to two lanes in each direction by 6:00 A.M. There will also be times when traffic detours are being set up and /or construction operations require lane closures. The project specifications require that those lane closures be held to a minimum. The plans and specifications have been prepared by Williamson and Schmidt Consulting Civil Engineers, and by Caltrans. Caltrans Bridge Department Engineers prepared the structural plans for the bridge widening, while Williamson and Schmidt prepared the street widening portion of the plans and combined the bridge and street plans into the final contract plans and specifications. The City entered into an agreement with Williamson and Schmidt on October 19, 1987, and amended the agreement on November 17, 1988, and October 9, 1989. Additional changes which have occurred in the scope of services and are included in this modification are: 1. Prepare plans and specifications necessary to relocate a portion of the 2011 water line and construct a new vault at the intersection of Newport Boulevard and 32nd Street. 2. Modify existing plan, and prepare new plan and specifications to delete City Hall parking lot and construct angle parking on 32nd Street. 3. Prepare plans and specifications to modify and replace a portion of the water line and sewer line in 32nd Street. 4. Provide construction staking and surveying for modifications to Via Lido Shopping Center. 5. Prepare landscaping and irrigation plans for modifications to area adjacent to west side of Newport Boulevard between Short Street and the Newport Channel bridge. f Subject: Newport Boulevard Widening 32nd Street to Coast Highway Plans, Specifications and Amended Engineering Services Agreement - C -2642 and C -2642B July 9, 1990 Page 3 The change in the fee for the additional work is $45,700. This increases the maximum allowable fee to $253,800. Under the terms of the cooperative agreement with Caltrans, the City is responsible for this entire increase. The estimated cost for the construction project is as follows: STATE CITY TOTAL Construction 1,340,000 1,574,000 2,914,000 Construction Survey 30,000 40,000 70,000 Administration & Inspect. 169,000 238,000 407,000 Total 1,539,000 1,852,000 3,391,000 The City's share includes orange County AHFP Funds in the amount of $700,000. The current budget includes funds to cover the City's, County's and State's share of the estimated project construction cost. Contract administration and inspection will be performed by the City, with contract employees retained for this purpose. A Caltrans Bridge Inspector will be available and will report observations to the City's Resident Engineer during construction. Caltrans will reimburse the City for its proportional share of these costs. Prior to advertising for bids, right -of -way and permit clearances must be provided by Caltrans. The Coast Guard permit was received on June 19, 1990, and it is expected that final Caltrans' approval will be received in time to open bids in August and award a contract at the first Council meeting in September. If a contract is awarded in September, the project's scheduled completion date is October 1991. Ben)amin B. Nolan Public works Director JW ::so Authorized to Publish Advertisements off Inds including public notices by Decree of the Superior Court of Orange County, California, Number A-6214, September 29, 1961, and A -24831 June 11. 1963 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. I am a principal clerk 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) of: July 24, 30, 1990 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 30, at Costa Mesa, California. ��y�.1ct.. ►n;,Qu14.;� e Signatur ,199 • d bids may be at the office of erk, 3309 New Ird, P. O. Box 1 92650 -1768 until 2:60 on the 28th day of Am 1990, at which time bids shall be opened reed for . PORT BOULtVAMU Wrvc ' INO Contract Ne.: 2642 gpproved by the City IC000cl1 this 9th day of July, 1 WANDA E. RAGWO, CRY one set ward, P. O. Box Tree, morl Beach, CA a further Information, John Wolfer, Project agar at 844 -3344. bpilott J July 24 y 3O, 990 TMO88 PROOF OF PUBLICATION Jfi r� LJ C TO: CITY COUNCIL FROM: Public Works Department SUBJECT: NEWPORT BOULEVARD WIDENING /CITY HALL PARKING CONTRACT NO. 2642 RECOMMENDATIONS: Recommended Action: 41ovember 27, 1989 CITY COUNCIL AGENDA ITEM NO. J -1 1Y _P :ITY i:OUNCIL / NOV 2 T 1989 y ) Direct staff to proceed with Newport Boulevard widening project as currently planned, including the parking lot in front of City Hall. If desired, also direct staff to pursue a future off - street parking project involving construction of a parking structure and /or acquisition of additional property; and eventual elimination of the parking lot in front of City Hall. Alternate Action: • A. Alternate i (No parking in front of City Hall) Direct staff to: a. Begin negotiations to lease property at 420 32nd Street (across from Parks, Beaches & Recreation) b. Revise plans c. Apply for amendment to Coastal Zone permit d. Prepare budget amendment $350,000. e. Authorize a variance from the City's off - street parking standards to allow backing into travel lanes. B. Alternate 2 (1 row of parking in front of City Hall) Direct staff to: a. Begin negotiations to redevelop front parking lot at Via Lido Plaza b. Revise plans c. Apply for amendment to Coastal Zone permit d. Prepare budget amendment - $75,000 • e. Authorize a variance from the City's off - street parking standards to allow backing into travel lanes. DISCUSSION: On October 30, 1989, staff reported to the Council regarding City Hall parking in conjunction with the Newport Boulevard widening project. See attached report from Study Session Agenda Item No. 7 of October 30, 1989. At that meeting, City Council directed staff to refine the alternatives and prepare a report for the November 27, 1989, Council meeting. Subject: Newport Bou Ord Widening /City Hall Parking 02642) November 27, 1989 Page 2 Since that time staff has researched the availability of vacant property and existing parking lots in the vicinity of City Hall; discussed • alternative parking plans with Coastal Commission staff; reviewed the adopted City resolution for off - street parking standards; and refined alternatives for Council consideration. Status and availability of existing parking lots and vacant property in vicinity of City Hall is as follows (Exhibit #1): 1. Northeast corner of Finley Avenue and Clubhouse (18 spaces). Not available - currently required at night for Magic Island parking. The property has recently been sold and the new owners have submitted plans to construct condominums on the property. The resubdivision will be heard by the Planning Commission on December 7, 1989. 2. Southwest corner of Via Lido and 30th Street (City Parking Lot 45 spaces). Not available - Coastal Commission staff has stated that existing public parking cannot be counted as replacement parking. 3. Southeast corner of Villa Way and 32nd Street (72 spaces). Not • available - currently provides 71 spaces required for Imperial Savings building and 15 spaces required for boat charter parking. 4. Via Lido Plaza front parking lot (51 spaces, after widening project 40 spaces). The parking lot could be redeveloped to provide the 11 spaces which are being lost with the widening project. The work involves relocations of planters, irrigation, street light and some paving at an estimated cost of $70,000.00. 5. 420 32nd Street. 5 lots under one ownership across 32nd Street from Parks, Beaches & Recreation offices. The property has 125' frontage on 32nd Street and is 93 feet deep to the alley. A vacant garage is on one lot and an apartment over a garage is occupied on another lot. Vacating the apartment does not appear practical; however, the vacant garage and 3 adjoining vacant lots could possibly be cleared to provide parking for approximately 24 cars. A review of lease rates in this area indicates an annual cost of $60,000 to $70,000. Off-site parking for City employees has been considered but does not seem practical at this time. Space for parking at the City Yard, Utility Yard or some other site would have to be provided and arrangements made to transport • employees from the site to City Hall. Time lost in shuttling would vary depending on the location of the site but would most likely amount to 30 minutes per day. For 30 people at hourly rates plus overhead of $20 to $30 that would amount to an annual cost of $75,000 to $115,000. Off- street parking standards were adopted by the City Council in November 1988. Those standards do not allow parking which requires cars to back into street right -of -way used for vehicular travel. If angle parking is used on 32nd Street a variance from the standard will be required. City staff is concerned that backing into travel lanes increases potential for accidents and if it is approved on this City project requests to allow this type of parking will also be made by private developers. Subject: Newport Boul Od Widening /City Hall Parking 0642) November 27, 1989 Page 3 City staff and Council members Ruthelyn Plummer and Evelyn Hart met with Coastal Commission staff to discuss possible alternative parking plans. Coastal Commission staff made the following comments: 1. Sympathetic to maintaining City Hall landscaping. 2. 57 replacement parking spots must be provided. 3. Replacement parking needs to be in the close proximity of City Hall. 4. Existing public parking cannot be used as replacement parking. 5. Must have proof of ownership or lease for property to be used as replacement parking. 6. Replacement parking must be maintained. Lease must be for a 3 to 5 year period with commitment to extend or provide new parking structure or facility in future. 7. Parking management plan that would provide employee parking off -site with busing to City Hall would be considered if submitted • by the City. 8. Amendment to existing Coastal Zone permit would be required. Amendment would only consider new parking plan and not reconsider whole project. a. Upon written request for an amendment by City, Coastal Commission would mail out notice of amendment describing the revised parking proposal. b. If no unfavorable reponses are received a determination can be made to have a issue the amendment without public hearing before the Commission. c. Prior to scheduling a public hearing the City would have the opportunity to withdraw the request or proceed to hearing. d. If a request for amendment is submitted to Coastal Commission in early December, a determination regarding a hearing could be made by the end of January. •ALTERNATE I - (no parking in front of City Hall). This alternative involves wi enTd _5_9 oF32nd Street from Parks, Beaches and Recreation offices to Newport Boulevard and the leasing of 4 lots at 420 32nd Street. The work includes demolition of a garage; construction of parking lot and street widening improvements; and restriping for angle parking on 32nd Street; Villa Way and alley from Villa Way to the Bank of Newport. If this alternative is selected Subject: Newport Boul /rd Widening /City Hall Parking 02642) November 27, 1989 Page 4 staff must be directed to begin lease negotiations. The lease must be secured before an amendment to the Coastal Zone Permit can be obtained. See attached • Exhibit 3. This alternative requires the following: la. 3 to 5 year lease of 4 lots at 420 32nd Street. lb. Commitment to extend lease or construct additional parking facilities. 2. Revised plans. 3. Amendment to the Coastal Zone permit. 4. Budget Amendment for $350,000. This is the estimated cost for a 5 year lease for the property at 420 32nd Street. The cost of improvements is estimated to be the same as the current projects parking lot in front of City Hall. No estimate is made for future parking facilities. 5. A variance from the Off- street Parking Standards. •ALTERNATE II - This alternate would include one row of parking in front of City Hall, perpendicular parking behind the Council Chamber backing onto 32nd Street and reconstruction of the Via Lido Plaza parking lot. Construction would include street widening improvements to 32nd Street and parking lot improvements to the Via Lido Parking Plaza. If this alternative is selected, staff must be directed to begin negotiations for parking lot reconstruction. An agreement or Letter of Commitment from the Fritz Duda Company must be secured before an amendment to the Coast Zone Permit can be obtained. See attached Exhibit 4. This alternative requires the following. 1. Negotiations with the Fritz Duda Company to redevelop the front parking lot at Via Lido Plaza. 2. Revised plans. 3. Amendment to the Coastal Zone Permit. 4. Budget Amendment for $75,000.00. The estimate to reconstruct the front parking lot at the Via Lido Plaza is $70,000.00. The • estimate to construct improvements on 32nd Street and a portion of the front parking lot is $5,000.00 to $10,000.00 more than the cost to construct the proposed parking lot improvements. 5. A variance from the Off- street Parking Standards. Subject: Newport BoulE&d Widening /City Hall Parking 2642) November 27, 1989 Page 5 It is recommended that parking in front of City Hall be • are: 1. All planning, engi obtained have been transmitted to and 1984. Elimination new concept. the currently planned project, including approved. The reasons for this recommendation leering design, cost estimates, and the permits based on the preliminary plans which were reviewed by the City Council on November 26, of the parking lot in front of City Hall is a 2. Angle parking in 32nd Street, as contemplated in the alternates, would require a variance in the Council adopted off - street parking standards. Such a variance would not be allowed for private developers, would be an undesirable precedent, is not in accordance with good engineering practice, and could expose the City to liability. 3. There is a need for convenient, readily identifiable public parking to serve the public visiting the City Hall. For example, at the time of a 7:30 A.M. meeting on November 21 in the Council Chambers, the existing parking lot in front of City Hall was full. • 4. For any of the alternatives, the ability to secure the necessary rights, revise plans and amend the permits in a manner which will allow project schedules to be met is unknown at this time. 5. If the project is delayed sufficiently, it is possible or probable that outside funding consisting of $1,375,000 in State funds and $700,000 in County AHFP funds will be lost. The ability to obtain such funding again in the future is questionable. 6. The project provides for an additional outbound travel lane, a long- sought bicycle facility, and seismic strengthening of the existing bridge. The first 2 elements mentioned are badly needed and have been sought by the community for many years. Because of the long lead time needed to accomplish a significant off - street parking project, it is suggested that elimination of the parking lot in front of City Hall be pursued as a separate future project if desired. Benjamin B. Nolan • Public Works Director JW:so Attachments Y - '_.h is TO FROM • CITY COUNCIL Public Works Department SUBJECT: CITY HALL PARKING ALONG NEWPORT BOULEVARD DISCUSSION: O*Ober 30, 1989 STUDY SESSION AGENDA ITEM NO. 7 The Newport Boulevard widening from 32nd Street to Coast Highway will require the reconstruction of the parking lot in front of City Hall. As early as 1984 the Coastal Commission placed a requirement on the project that parking places removed from the Newport Boulevard area would have to be replaced in the area. The project will affect the existing 46 spaces in front of City Hall as well as remove 11 spaces from the Via Lido Plaza shopping center. On October 11, 1989, the Coastal Commission granted the City a permit for the widening of Newport Boulevard that included a conditon that 57 replacement parking spaces be provided. •The plan proposed by staff reconstructs the City Hall parking to provide 57 perpendicular spaces with a two -way aisle. This is the plan that was presented with preliminary plans submitted to the City Council in 1984. The two existing Ficus trees will remain. The back of sidewalk of the parking area will be approximately 40 feet from the City Council chambers. The staff has looked at alternatives for providing part or all of the required parking on 32nd Street and other locations. The City employees and visitors to City Hall are currently experiencing difficulties in finding parking. Any alternative to parking in front of City Hall needs to provide parking that is easily accessible to the City Hall site. follow: Several issues that relate to providing angle parking on 32nd Street 1. Can 32nd Street be a one -way street? The City's circulation element designated 32nd Street between Lafayette and Newport Boulevard as a secondary arterial roadway. The General Plan provides for development and redevelopment of the Cannery Village and Lido Peninsula area. The main access into and out of these areas is by way of 32nd Street. A 1986 traffic count • indicated 7500 cars a day on the roadway. An August 1989 count showed 5500 cars per day. The 1989 peak 21 hour counts show 600 to 800 cars on 32nd Street during thet A.M. and P.M. periods. While the existing traffic counts can be adequately handled with 2 lanes (one in each direction), the General Plan projections indicate an increase that will probably need 4 lanes. If 32nd Street is to be made a one -way road a parallel roadway capable of replacing the lost capacity is required to create a couplet. • • Page 2 The parallel streets are limited and do not provide good access to or from Newport Boulevard. If Finley is chosen as the parallel • route a significant increase in traffic through the City Hall side parking lot can be expected. This would preclude future options to the City for a parking structure using this area. It would also require a realignment of the roadway as it meets Villa Way. This would cause a loss of parking. 31st and 30th Street are too narrow to provide for increased traffic without prohibiting parking or widening the street. They also do not provide good access to the Lido Peninsula. A shift of traffic from 32nd Street to Via Lido is not desirable because the Newport Boulevard double left turn lanes are operating at capacity. An increase would congest Newport Boulevard and the Plaza area. 32nd Street is needed as a by -pass when the left turn lanes to Via Lido are full. To remove 32nd Street from the Circulation Element would require a re- evalution of the land uses for the Cannery Village, Lido Peninsula and Via Lido Plaza areas. A reduction in land use intensity for these areas would probably be needed. In addition to these studies a concurrence by the County would be needed for the City to remain eligible for AHFP funding. The staff feels that changing 32nd Street from a two -way to a one -way street would significantly impact the traffic circulation in the area. 2. Can 32nd Street be restriped to provide angle parking? Yes, but not enough spaces to replace the spaces lost. If the 23 parking spaces facing and in front of City Hall are eliminated they could be replaced as angle parking on 32nd Street and Villa Way. The angle parking would be on the southerly side of the street. 32nd Street adjacent to the Council chambers would have to be widened by 10 to 15 feet to create the added area needed for angle parking on 32nd Street. The existing perpendicular parking for Parks, Beaches and Recreation would remain. Angle parking on 32nd Street would also not be consistant with the Circulation Element. Arterial streets can not have angle parking. If the angle parking were used as a temporary measure until the • added roadway capacity is needed, then interim findings could probably be made with a commitment that replacement parking would be provided later. r - . • Page 3 3. Can the parking in front of City Hall be replaced elsewhere? • Other possible parking sites: A. 5 lots on 32nd Street across from Parks, Beaches and Recreation. These lots would provide approximately 30 spaces at a cost of over 1 million dollars. This still would not replace all 57 spaces in front of City Hall. B. A parking structure on City Hall site. Studies currently under way indicate that a two ZleveT structure adding about 60 spaces may be feasible. These 60 spaces are needed to provide for expanded City staff needs and for the needs of the public visiting City Hall. The 57 spaces in front of City Hall are still needed to adequately provide for City Hall needs. C. Joint venture parking structure with private landowners. The City would need to find a landowner willing to commit their property permanently to parking and be willing to pay for a portion of the structure. The cost to the City would vary according to the spaces acquired at 16,000 to 20,000 per space. • The staff does not feel a parking structure alternative can be worked out in less than 2 -3 years. D. Lease other lots in the area. Several lots in the area may be available for short -term leases to provide some of the replacement places. The staff will present at the Study Session several combinations of parking in front of City Hail, along 32nd Street and at other locations along with varying cost estimates. The Newport Boulevard widening project is estimated to cost $3,625,000. Of this the State is funding $1,375,000, and County AHFP is funding $ 700,000. The only permit remaining to be obtained is a Coast Guard permit for the bridge work. The State has begun condemnation proceedings to acquire the Mobil Station site at Via Lido and Newport Boulevard. The plans are 95% complete. The project should be ready for a construction contract in February or March. If the City Council wishes to select an alternative for replacing •the parking in front of City Hall, the alternative needs to be one that can be designed in the next 3 months and constructed with the Newport Boulevard project. If the widening project is delayed beyond June of 1990, there is danger that the State funds may be reduced or deferred. It is important that this project proceed to help relieve the congestion on Newport Boulevard. Benj min B. Nolan Public Works Director DW:so v 5� A/ 4 R S a (C4 � V 3 Q o a a 0 2 0 L O VIA l(AUGA 32ND ST 71 "llmollull I■ 91ST ST � f a 0 b O .... _. d b � A F3 J A 4't r ' ar 4wt• 0 0i, it. LOW o a ILL 44 a ILL Y �. • F v I \ g < 1 r ir.�l c. 1 at 1 ' al'�a S_•'7 _tf� 69 Ell ka ji IV WIP I b: IV -"u n NOV 2 7 1989 NE34For BEi)Ct RECEI Nov 13 anar REMN 7:JFE Tr I _; ('. f f L_ T Fi :- 1 1 � , J.- TC�f, :-(-J I E cj t 1, E -6 C, G N i A C, At! tJn lay `;-,--,Sery Mr. R Dir. n P��m �n,,! Dir. a Ghief �Er ❑ aiiier (GUH(IL AGENDA Rf er d. . U. cC riL .;xe L7VI - �, �. } • TO FROM 0 gecember 12, 1988 GY TN" •QTY ;;OUN!; ITY COUNCIL AGENDA TEM NO. P--2(f) CITY �1i id't4r0 T L(_A I` CITY COUNCIL DEC 1 2 1988 Public Works Department SUBJECT: NEWPORT BOULEVARD WIDENING, 32ND STREET TO COAST HIGHWAY CONTRACT NO. 2642 RECOMMENDATION: Adopt a resolution requesting the subject project in the Fiscal Yea Program (AHFP). DISCUSSION: On May 11, 1987, the City Council programmed State Transportation Improvement project; on June 22, 1987, the City Council Caltrans to provide bridge plans which will County of Orange to include the 1989/90 Arterial Highway Financing adopted a resolution supporting the Program (STIP) for the subject entered into an agreement with be included in the final plans and specifications to be administered by the City; and on December 14, 1987, the City Council adopted a resolution requesting the County of Orange to include the • project in the Fiscal Year 1988/89 AHFP. The project widens the east side of Newport Boulevard and, with resurfacing and restriping of the existing roadway, provides three northbound lanes, two southbound lanes, bike lanes, and sidewalk bike trail from 32nd Street to Coast Highway. The project will include new curb, gutter and sidewalk along the entire east side of the roadway and the west side of the roadway from Finley Avenue to Short Street; a raised landscaped median along a portion of the project; left -turn lanes at intersections; ramp construction to eastbound Coast Highway from northbound Newport Boulevard and eastbound Coast Highway to northbound Newport Boulevard; bridge widening on the east side of the Newport Channel Bridge; drainage improvements; water main and utility relocations; retaining walls where necessary; bulkheads; bus stops; traffic signal modifications; street light modifications; striping and signing; landscaping-and City Hall parking lot reconstruction. The project requires right -of -way acquisition of the Mobil Gas Station at the northeast corner of Newport Boulevard and Via Lido. Caltrans has prepared right -of -way drawings, completed appraisals and will be conducting negotiations to obtain the necessary right -of -way. The original estimated right -of -way and construction cost for the project was $2,650,000.00. Since starting design engineering on the project it has been determined that the cost for the project is $3,617,000.00. Right -of -way appraisals are now $200,000.00 more than originally estimated. The remaining cost increase is equally split between higher bridge construction cost than original estimated, and construction of a complete new ramp system at Coast Highway rather than joining the existing ramps as originally estimated. It was found that the new ramp construction was necessary in order to maintain traffic on the ramp during bridge construction. Subject: Newport Boulard Widening, 32nd Street to Coast Highway (C -2642) December 12, 1988 Page 2 Terms of the cooperative agreement with Caltrans provide for the City • to be responsible for 50% of the cost of improvements and right -of -way to the State Highway (Newport Boulevard, Finley Avenue to Coast Highway) and 100% of the cost of improvements to City street (Newport Boulevard, 32nd Street to Finley Avenue). It is proposed to finance the City's share of the cost with Gas Tax funds, Circulation and Transportation funds, Water funds, General funds, and County AHFP funds over a two -year period. Funding for the project is as follows: The proposed project schedule is for construction to begin in September 1989 with completion by June 1990. Right -of -way acquisition, Army Corps of Engineers Permit, Coast Guard Permit, Coastal Zone Permit and Water Quality Control Board approval are all required prior to the start of construction. Permit applications are Caltrans' responsibility; however, City staff will assist and is scheduled to begin processing permit applications after January 1, 1989. While right -of -way acquisition could delay the project schedule, Caltrans and City staff are pursuing the earliest possible start of construction. The AHFP requires that an environmental document be submitted along with all applications for funds. On June 7, 1983, the City Council endorsed preferred alternatives for the Caltrans Route 55 Environmental Impact Statement. The subject project is an element of the preferred alternatives and the Final Environmental Impact Statement was approved by Caltrans and the Federal Highway Administration on July 8, 1985. The EIS meets the AHFP requirements. • AHFP also requires a of County funds needed for the County funds if the funds are Benjamin B. Nolan Public Works Director JW:so Attachment resolution from the Council requesting the amount project, and committing the City to match the granted to the City. 1988/89 1989/90 Total Caltrans $1,204,000 $350,000 $1,554,000 AHFP 350,000 350,000 700,000 City Water Funds 30,000 General Funds 74,000 Gas Tax Funds 242,000 Circulation & Transport. Funds 500,000 522,000 • City Subtotal $ 846,000 $522,000 $1,368,000 TOTAL $3,617,000 The proposed project schedule is for construction to begin in September 1989 with completion by June 1990. Right -of -way acquisition, Army Corps of Engineers Permit, Coast Guard Permit, Coastal Zone Permit and Water Quality Control Board approval are all required prior to the start of construction. Permit applications are Caltrans' responsibility; however, City staff will assist and is scheduled to begin processing permit applications after January 1, 1989. While right -of -way acquisition could delay the project schedule, Caltrans and City staff are pursuing the earliest possible start of construction. The AHFP requires that an environmental document be submitted along with all applications for funds. On June 7, 1983, the City Council endorsed preferred alternatives for the Caltrans Route 55 Environmental Impact Statement. The subject project is an element of the preferred alternatives and the Final Environmental Impact Statement was approved by Caltrans and the Federal Highway Administration on July 8, 1985. The EIS meets the AHFP requirements. • AHFP also requires a of County funds needed for the County funds if the funds are Benjamin B. Nolan Public Works Director JW:so Attachment resolution from the Council requesting the amount project, and committing the City to match the granted to the City. I• ---I_ 3 U � \ N � a r 1 4 1 I :Fr S 's E• RESOLUTION NO. 88 -125 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN 1989 -90 ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF NEWPORT BOULEVARD, 32ND STREET TO COAST HIGHWAY WHEREAS, the City of Newport Beach desires to widen and improve Newport Boulevard between 32nd Street and Coast Highway, including widening of the Newport Channel Bridge; and WHEREAS, Newport Boulevard is an important artery in the County of Orange and of general County interest; and WHERE Article 2 and Article 3, Chapter 9, Division 2 of the Streets and Highways Code authorizes a County, if it so desires, to expend funds apportioned to it out of the California Highway Users Tax Fund for aid to any City in the improvement, construction, or repair of a street within a City; and WHEREAS, the Board of Supervisors intends to, by appropriate action, provide in the County Road Budget for the Fiscal Year 1989 -90 a sum of money for the improvement of streets within the incorporated cities of the County in accordance with the Orange County Arterial Highway Financing Program. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Newport Beach hereby requests the Board of Supervisors of the County of Orange to allocate to said City from County Funds the amount of $350,000.00, said amount to be matched by funds from said City, to be used to aid said City in the improvement of Newport Boulevard between 32nd Street and Coast Highway, said improvements to be in accordance with the attached project statement; BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Orange is hereby requested to fund that said improvements on Newport Boulevard in the manner provided, is in the general County interest. BE IT FURTHER RESOLVED that, by this Resolution, the City of Newport Beach agrees with the basic concepts of the Arterial Highway Financing program; and further agrees that its share of the cost of improvements and rights -of -way will be available for the fiscal year 1989 -90. ADOPTED this 12th day of December 1988. Mayor ATTEST:) _^ y Clerk • December 14, 1987 BY THE CITY COUNCILCITY CITY OF NEWPORT UAW" DEC 141987 TO: CITY COUNCIL FROM: Public Works Department COUNCIL AGENDA NO. F -2(a) SUBJECT: NEWPORT BOULEVARD WIDENING, 32ND STREET TO COAST HIGHWAY (C -2642) RECOMMENDATION: Adopt a resolution requesting the County of Orange to include the sub- ject project in the Fiscal Year 1988/89 Arterial Highway Financing Program (AHFP). DISCUSSION: On May 11, 1987, the City Council adopted a resolution supporting the programmed State Transportation Improvement Program (STIP) for the subject project, and on June 22, 1987 the City Council entered into an agreement with Caltrans to provide bridge plans which will be included in the final plans and specifications to be administered by the City. The project widens the east side of Newport Boulevard and, with resur- facing and restriping of the existing roadway, provides three northbound lanes, two southbound lanes, bike lanes and sidewalk bike trail from 32nd Street to Coast Highway. The project will include new curb, gutter and sidewalk along the entire east side of the roadway and the west side of the roadway from Finley Avenue to Short Street; a raised landscaped median along a portion of the project, left -turn lanes at intersections; ramp construction to eastbound Coast Highway from northbound Newport Boulevard; bridge widening on the east side of the Newport Channel Bridge; drainage improvements; water main and utility relo- cations; retaining walls where necessary; bulkheads; bus stops; traffic signal modifications; street light modifications; striping and signing; and City Hall parking lot reconstruction. The project requires right -of -way acquisition of the Mobil Gas Station at the northeast corner of Newport Boulevard and Via Lido. Caltrans is pre- paring right -of -way drawings and will be conducting negotiations to obtain the necessary right of way. The estimated right of way and construction cost for the project is • $2,650,000. Terms of the cooperative agreement with Caltrans provide for the City to be responsible for 50% of the cost of improvements and right of way to the State Highway (Newport Boulevard, Finley Avenue to Coast Highway) and 100% of the cost of improvements to City street (Newport Boulevard, 32nd Street to Finley Avenue). It is proposed to finance the City's share of the cost with Gas Tax funds, Circulation and Transportation funds, Water funds, General Funds, and County AHFP funds over a two -year period. ' December 14, 1987 Subject: Newport Boulevard Widening, 32nd Street to Coast Highway (C -2642) Page 2 Funding for the project is as follows: • 1988/89 1989/90 Total Caltrans $1,104,000 $1,104,000 AHFP $ 350,000 $350,000 700,000 City Water Funds $ 30,000 General Funds 74,000 Gas Tax Funds 242,000 Circulation & Transportation Funds 500,000 Subtotal $ 846,000 846,000 Total $2,650,000 The proposed project schedule is for construction to begin in September 1988 with completion by June 1989. Right -of -way acquisition, Army Corps of Engineers Permit, Coast Guard Permit, Coastal Zone Permit and Water Quality Control Board approval are all required prior to the start of construc- tion. Permit applications are Caltrans' responsibility; however, City staff will assist and is scheduled to begin processing permit applications after January 1, 1988. While right -of -way acquisition could delay the project sched- ule, Caltrans and City staff are pursuing the earliest possible start of construction. If construction can begin in September 1988, the second fiscal year of AHFP funds ($350,000) will not be available. City staff has notified the AHFP staff that construction may begin prior to approval of the 1989/90 AHFP. While a commitment cannot be made at this time, the AHFP staff is supportive of the project. If the City is required to fund the additional $350,000, funds are available in the City's Circulation and Transportation Account. City staff pro- poses to continue to pursue the September 1988 construction date. Prior to any construction contract, administration agreements will be required with both the State and the County, and at that time the decision to either fund the addi- tional cost or possibly delay the project can be made by the Council. The AHFP requires that an environmental document be submitted along with all applications for funds. On June 7, 1983, the City Council endorsed preferred alternatives for the Caltrans Route 55 Environmental Impact Statement. The subject project is an element of the preferred alternatives and the Final • Environmental Impact Statement was approved by Caltrans and the Federal Highway Administration on July 8, 1985. The EIS meets the AHFP requirements. AHFP also requires a of County funds needed for the C�s if the funds are , [lL. )� Benjamin B. Nolan Public Works Director JW:jd Att. resolution from the Council requesting the amount project, and committing the City to match the granted to the City. 400 Z p Z 2 /•.. -.I j; ® / Q ul �.� !�' WOW ice! GOPSS ! !_s j - IT R iv ��. `•"� gym-- 46 At. Gk ax 19 0 ,. 0 RESOLUTION NO. 87 -171 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE 1988 -89 ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF NEWPORT BOULEVARD, 32ND STREET TO COAST HIGHWAY WHEREAS, the City of Newport Beach desires to widen and improve Newport Boulevard between 32nd Street and Coast Highway, including widening of the Newport Channel Bridge; and WHEREAS, Newport Boulevard is an important artery in the County of Orange and of general County interest; and WHERE Article 2 -and Article .3, Chapter 9, Division 2 of the Streets and Highways Code authorizes a County, if it so desires, to expend funds apportioned to it out of the California Highway Users Tax Fund for aid to any City in the improvement, construction, or repair of a street within a City; and WHEREAS, the Board of Supervisors intends to, by appropriate action, provide in the County Road budget for the Fiscal Year 1988 -89 a sum of money for the improvement of streets within the incorporated cities of the County in accordance with the Orange County Arterial Highway Financing Program. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Newport Beach hereby requests the Board of Supervisors of the County of Orange to allo- cate to said City from County Funds the amount of $350,000.00, said amount to be matched by funds from said City, to be used to aid said City in the improvement of Newport Boulevard between 32nd Street and Coast Highway, said improvements to be in accordance with the attached project statement; BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Orange is hereby requested to find that said improvements on Newport Boulevard in the manner provided, is in the general County interest. BE IT FURTHER RESOLVED that, by this Resolution, the City of Newport Beach agrees with the basic concepts of the Arterial Highway Financing program; and further agrees that its share of the cost of improvements and rights of way will be available for the fiscal year 1988 -89. ADOPTED thisa,14th day of DeceoVr , 1987 ATTEST: City Clerk 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 92659 -1768 until 2:00 P•m• an the 28th day of Au¢ust , 1990, at whit tesuc bids small -be opened and read for NEWPORT BOULEVARD WIDENING Title of Project r� V� 2642 n . Q h'4-21F ZA NProved by the City Council this 9th day of July 1990. 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, CR 92659 -1768. For further information, call John Wolter at 644 -3311. roject Manager CONTRACT NO. 2642 The special provisions contained herein have been prepared by or under the direction of the following Registered Persons. STRUCTURES REGISTERED CIVIL ENGINEER HIGHWAY REGISTERED CIVIL ENGINEER TRAFFIC REGISTERED CIVIL ENGINEER PAGE 1 OF 2 W 7 No. 4 E }D• Jr�j! CIVIL \t0���r OF CAS h JESUS A. 'c V MICHEL c� 28106 1 ' * E,tp 3- 31 -94. * CML ��` HILBERT f� y WILLIAM c� DICKSON 1 19417 * 9 -30 -93 CIVIL Of r.N LANDSCAPE V�ti� i�rnk REGISTERED LAND E ARCHITECT ELECTRICAL (HIGHWAY) REGISTERED CIVIL ENGINEER OR REGISTERED ELECTRICAL ENGINEER PAGE 2 OF 2 �►"—,I �? HILBEFIT may\ WILLIAM W DICKSON No. 19417 " * Ex 9 -30 -93 Jl CIV \� qf! OF 6,0��� RAMSEYER, JR. (EWBRUCE 2810 7131192 *� �? HILBEFIT may\ WILLIAM W DICKSON No. 19417 " * Ex 9 -30 -93 Jl CIV \� qf! OF 6,0��� I 1 1 TABLE OF CONTENTS 1 NOTICE TO CONTRACTORS Page 1 PROPOSAL CONTRACT DOCUMENTS 1 Instructions to Bidders I Designation of Subcontractor(s) 2 SECTION 1: Bidder's Bond 3 1 Public Contract Code Statement Section 10232 4 EEO Statement 5 1 -1 Non - Collusion Affidavit 6 Questionnaire Section 10162 7 Public Contract Code Statement Section 10285 -1 8 Title 49 Certification 9 1 Technical Ability and Experience References 10 Notice 11 Payment Bond 12 Faithful Performance Bond 14 1 Certificate of Insurance 16 Automotive Liability Insurance Endorsement 17 Comprehensive General Liability Insurance Endorsement 18 Contract 19 Bidder DBE Information 21 1 3 -1.01 GENERAL 3 -1 3 -1.02 DBE INFORMATION 3 -1 3 -1.03 AWARD OF CONTRACT 3 -2 3 -1.04 SUBCONTRACTING 3 -2 3 -1.05 MBE RECORDS 3 -4 1 87260 87 -1 January 1990 -1- a SPECIAL PROVISIONS 1 SECTION 1: SPECIFICATIONS AND PLANS 1 -1 1 -1 MODIFICATIONS TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STANDARD SPECIFICATIONS 1 -1 1 -1.01 DEFINITIONS AND TERMS 1 -1 1 SECTION 2: PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1 2 -1.01 GENERAL 2 -1 2 -1.02 DISADVANTAGED BUSINESS 2 -1 1 2 -1.03 DBE GOALS FOR THIS PROJECT 2 -3 2 -1.04 SCOPE OF CONTRACT 2 -3 1 SECTION 3: SUBMISSION OF DBE INFORMATION, AWARD, AND EXECUTION OF CONTRACT 3 -1 1 3 -1.01 GENERAL 3 -1 3 -1.02 DBE INFORMATION 3 -1 3 -1.03 AWARD OF CONTRACT 3 -2 3 -1.04 SUBCONTRACTING 3 -2 3 -1.05 MBE RECORDS 3 -4 1 87260 87 -1 January 1990 -1- a ' TABLE OF CONTENTS (Continued) ' Pape SECTION 4: BEGINNING OF WORK, TIME OF COMPLETION ' AND LIQUIDATED DAMAGES 4 -1 SECTION 5: GENERAL CONTRACT REQUIREMENTS 5 -1 ' 5 -1 MISCELLANEOUS 5 -1 5 -1.01 PREVAILING WAGE 5 -1 5 -1.02 LABOR NONDISCRIMINATION 5 -1 ' 5 -1.09 PAYMENTS 5 -11 5 -1.10 SUBCONTRACTING 5 -11 5 -1.11 DBE RECORDS 5 -12 5 -1.03 PUBLIC SAFETY 5 -6 ' 5 -1.04 RESPONSIBILITY FOR DAMAGES 5 -8 5 -1.05 REQUIRED SUBCONTRACT AND MATERIAL SUPPLY 5 -13 ' 5 -1.06 CONTRACT PROVISIONS ARBITRATION 5 -8 5 -9 ' 5 -1.07 TERMINATION OF CONTROL 5 -9 5 -1.08 PAYMENT OF WITHHELD FUNDS 5 -10 ' 5 -1.09 PAYMENTS 5 -11 5 -1.10 SUBCONTRACTING 5 -11 5 -1.11 DBE RECORDS 5 -12 ' 5 -1.19 LEGAL RELATIONS AND RESPONSIBILITY 5 -14 5 -1.20 BUSINESS LICENSES AND PERMITS 5 -15 ' 5 -1.12 SOUND CONTROL REQUIREMENTS 5 -13 5 -1.13 HIGHWAY CONSTRUCTION EQUIPMENT 5 -13 5 -1.14 PROJECT APPEARANCE 5 -13 ' 5 -1.15 ADDENDA 5 -14 ' 5 -1.16 DELETED 5 -14 5 -1.17 PROGRESS SCHEDULE 5 -14 5 -1.18 PRECONSTRUCTION CONFERENCE 5 -14 ' 5 -1.19 LEGAL RELATIONS AND RESPONSIBILITY 5 -14 5 -1.20 BUSINESS LICENSES AND PERMITS 5 -15 ' SECTION 6: FEDERAL REQUIREMENTS 6 -1 6 -1.01 GENERAL 6 -1 6 -1.02 PERFORMANCE OF PREVIOUS CONTRACT 6 -1 ' 6 -1.03 NON - COLLUSION PROVISION 6 -1 6 -1.04 PARTICIPATION BY MINORITY BUSINESS ENTERPRISE IN SUBCONTRACTING 6 -2 6 -1.05 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 6 -3 6 -1.06 FEDERAL -AID FEMALE AND MINORITY GOALS 6 -25 6 -2 FEDERAL REQUIREMENT TRAINING SPECIAL PROVISION 6 -28 ' ' 87260 87 -1 January 1990 -2- F ' TABLE OF CONTENTS (Continued) ' Page SECTION 7: NOT USED SECTION 8: MATERIALS % -1 8 -1 MISCELLANEOUS 8 -1 ' 8 -1.00 BUY AMERICA REQUIREMENTS 8 -1 8 -1.01 GENERAL 8 -1 ' 8 -1.02 8 -1.03 SLAG AGGREGATE TESTING 8_1 8 -1 8 -1.04 DELETED 8 -2 8 -1.05 MEASUREMENT OF QUANTITIES 8 -3 ' 8 -1.06 ENGINEERING FABRICS 8 -3 8 -2 CONCRETE 8 -3 ' 8 -2.01 8 -2.02 COMPRESSIVE STRENGTH AGGREGATES 8 -3 8 -4 8 -2.03 CURING COMPOUND 8 -4 8 -2.04 ROADWAY DECK SLAB REQUIREMENTS 8 -4 ' 8 -3 EPDXY 8 -3.01 EPDXY ADHESIVE FOR PAVEMENT MARKERS 8 -5 ' SECTION 9: DESCRIPTION OF WORK 9 -1 SECTION 10: CONSTRUCTION DETAILS 10 -1 ' 10 -1.01 ORDER OF WORK 10 -1 10 -1.02 PROSECUTION AND PROGRESS 10 -3 10 -1.03 MOBILIZATION 10 -4 ' 10 -1.04 UTILITIES 10 -4 10 -1.05 LOCATION AND PROTECTION OF UNDERGROUND 10 -1.06 HAZARDOUS UTILITIES PROGRESS SCHEDULE 10 -5 10 -7 10 -1.07 COOPERATION 10 -7 10 -1.08 OBSTRUCTIONS 10 -7 10 -1.09 RELATIONS WITH CALIFORNIA REGIONAL WATER ' QUALITY CONTROL BOARD 10 -10 10 -1.10 CONSTRUCTION AREA SIGNS 10 -10 ' 10 -1.11 MAINTAINING TRAFFIC LANE CLOSURE CHART 10 -11 10 -15 10 -1.12 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE 10 -16 10 -1.13 RAMP CLOSURE 10 -17 ' 10 -1.14 TRAFFIC CONTROL FOR TRAFFIC STRIPING 10 -18 10 -1.15 TEMPORARY PAVEMENT DELINEATION 10 -21 10 -1.16 BARRICADES 10 -26 1 87260 87 -1 January 1990 -3- I 1 TABLE OF CONTENTS 1 (Continued) 1 Page - 1 10 -1.57 PAVEMENT REINFORCING FABRIC 10 -59 10 -1.58 AGGREGATE BASE 10 -61 10 -1.59 2" X 4" REDWOOD HEADER 10 -61 1 1 87260 87 -1 January 1990 -4- 10 -1.17 TEMPORARY RAILING 10 -27 1 10 -1.18 10 -1.19 CONSTRUCTION AREA LIGHTING TEMPORARY CHAIN LINK FENCE 10 -27 10 -28 10 -1.20 EXISTING HIGHWAY FACILITIES 10 -28 10 -1.21 REMOVE RCP STORM DRAIN, REMOVE DRAINAGE STRUCTURES 10 -29 1 10 -1.22 ADJUST FRAMES AND COVERS AND FRAMES AND GRATES TO GRADE 10 -29 10 -1.23 REMOVE TRAFFIC STRIPES, PAVEMENT MARKERS AND PAVEMENT MARKINGS 10 -31 1 10 -1.24 REMOVE ROADSIDE SIGNS 10 -32 10 -1.25 DUST CONTROL AND SITE CLEANUP 10 -32 10 -1.26 BRIDGE REMOVAL (PORTION) 10 -33 1 10 -1.27 REMOVE TIMBER PILE DOLPHINS 10 -35 10 -1.28 JACK BRIDGE SPAN 10 -35 10 -1.29 MODIFY DECK EXPANSION JOINT 10 -37 10 -1.30 WATER 10 -39 10 -1.31 SAFETY PERMIT AND TRENCH SAFETY 10 -39 10 -1.32 CONSTRUCTION STAKING 10 -40 ' 10 -1.33 10 -1.34 STANDARD DETAILS AND STANDARD PLANS WATER POLLUTION 10 -42 10 -42 10 -1.35 TESTING LABORATORY 10 -43 10 -1.36 RECORD DRAWINGS 10 -43 1 10 -1.37 WORKING HOURS 10 -44 10 -1.38 INSPECTION OF WORK 10 -44 10 -1.39 SHOP DRAWINGS 10 -45 10 -1.40 PERMITS /AGREEMENTS 10 -48 1 10 -1.41 MOBILIZATION AND FIELD OFFICE 10 -48 10 -1.42 CLEARING AND GRUBBING 10 -49 10 -1.43 EARTHWORK 10 -50 1 10 -1.44 ROADWAY EXCAVATION AND AC PAVEMENT REMOVAL 10 -51 10 -1.45 ROADWAY FILL 10 -51 10 -1.46 STRUCTURE EXCAVATION 10 -52 10 -1.47 STRUCTURE BACKFILL 10 -53 1 10 -1.48 REMOVE MISCELLANEOUS CONCRETE 10 -53 10 -1.49 P.C.C. CURB AND CURB AND GUTTER 10 -53 1 10 -1.50 10 -1.51 4 -INCH P.C.C. SIDEWALK P.C.C. WHEELCHAIR RAMPS 10 -54 10 -55 10 -1.52 P.C.C. CROSS GUTTER AND "V" GUTTER 10 -55 10 -1.53 P.C.C. DRIVEWAYS 10 -55 1 10 -1.54 STAMPED PATTERN CONCRETE 10 -56 10 -1.55 PLANING ASPHALT CONCRETE PAVEMENT 10 -58 10 -1.56 ASPHALT CONCRETE 10 -58 1 10 -1.57 PAVEMENT REINFORCING FABRIC 10 -59 10 -1.58 AGGREGATE BASE 10 -61 10 -1.59 2" X 4" REDWOOD HEADER 10 -61 1 1 87260 87 -1 January 1990 -4- H I I I I I In LJ I 10 -1.60 10 -1.61 10 -1.62 10 -1.63 10 -1.64 10 -1.65 10 -1.66 10 -1.67 10 -1.68 10 -1.69 10 -1.70 10 -1.71 10 -1.72 10 -1.73 10 -1.74 10 -1.75 10 -1.76 10 -1.77 10 -1.78 10 -1.79 10 -1.80 10 -1.81 10 -1.82 10 -1.83 10 -1.84 10 -1.85 10 -1.86 10 -1.87 10 -1.88 10 -2 10 -2.01 10 -2.02 10 -2.03 10 -2.04 10 -2.04A 10 -2.04B 10 -2.04C TABLE OF CONTENTS (Continued) TRAFFIC CONTROL - ROADSIDE SIGNS - TRAFFIC STRIPING, PAVEMENT MARKINGS AND PAVEMENT MARKERS AND LIGHTING TRAFFIC CONTROL ROADSIDE SIGNS TRAFFIC STRIPING, PAVEMENT MARKINGS, MARKERS SIGNALS AND LIGHTING GUARANTEE EQUIPMENT LIST AND DRAWINGS MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEM 87260 87 -1 January 1990 -5- AND PAVEMENT 10- 103(a) 10 -105 10 -106 10 -108 10 -109 10 -109 10 -110 Page PORTLAND CEMENT CONCRETE PAVEMENT 10 -62 PILING 10 -62 CONCRETE STRUCTURES 10 -63 PRECAST PRESTRESSED CONCRETE BRIDGE MEMBERS 10 -67 STRUCTURE APPROACH SLABS (TYPE N) 10 -67 STRUCTURE APPROACH SLABS (TYPE EQ) 10 -72 W ATE RSTOPS 10 -73 SEALING JOINTS 10 -74 REINFORCEMENT 10 -74 EPDXY - COATED REINFORCING STEEL 10 -74 TREAT BRIDGE DECKS 10 -75 TIMBER PILE DOLPHINS 10 -78 REINFORCED CONCRETE PIPE 10 -78 REINFORCED CONCRETE STRUCTURES AND CATCH BASINS 10 -82 EDGE DRAINS 10 -82 WATER LINE CONSTRUCTION 10 -82 RETAINING WALL 10 -86 VALVE VAULTS CONSTRUCTION 10 -86 SLOPE PROTECTION 10 -89 MISCELLANEOUS BRIDGE METAL 10 -89 CONCRETE BARRIER 10 -92 CHAIN LINK RAILING 10 -92 TUBULAR HANDRAILING 10 -92 CABLE RAILING 10 -92 NAVIGATION LIGHTS 10 -93 SANITARY SEWER CONSTRUCTION 10 -93 BUILDING DEMOLITON AND UNDERGROUND STORAGE TANK REMOVAL 10 -93(a) TEMPORARY CRASH CUSHION MODULES 10 -101 ASPHALT CONCRETE DIKE 10 -103 TRAFFIC CONTROL - ROADSIDE SIGNS - TRAFFIC STRIPING, PAVEMENT MARKINGS AND PAVEMENT MARKERS AND LIGHTING TRAFFIC CONTROL ROADSIDE SIGNS TRAFFIC STRIPING, PAVEMENT MARKINGS, MARKERS SIGNALS AND LIGHTING GUARANTEE EQUIPMENT LIST AND DRAWINGS MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEM 87260 87 -1 January 1990 -5- AND PAVEMENT 10- 103(a) 10 -105 10 -106 10 -108 10 -109 10 -109 10 -110 TABLE OF CONTENTS ' (Continued) ' 10 -2.04P PEDESTRIAN PUSH BUTTONS 10 -124 10 -2.04Q LUMINAIRES 10 -124 10 -2.04R INTERNALLY ILLUMINATED STREET NAME SIGNS 10 -125 10 -2.045 PHOTOELECTRIC CONTROL Page 10 -2.04D SCHEDULING OF WORK 10 -111 ' 10 -2.04E 10 -2.04F FOUNDATIONS STANDARDS, STEEL PEDESTALS AND POSTS 10 -111 10 -111 10 -2.04G CONDUIT 10 -112 10 -2.04H PULL BOXES 10 -112 10 -2.041 CONDUCTORS AND WIRING 10 -112 10 -2.04J TESTING 10 -113 10 -2.04K CONTROLLER 10 -114 10 -2.04L 10 -2.04M MODULATED LIGHT SIGNAL DETECTION SYSTEM VEHICLE SIGNAL FACES AND SIGNAL HEADS 10 -114 10 -123 10 -2.04N PEDESTRIAN SIGNALS 10 -123 10 -2.040 DETECTORS 10 -124 ' 10 -2.04P PEDESTRIAN PUSH BUTTONS 10 -124 10 -2.04Q LUMINAIRES 10 -124 10 -2.04R INTERNALLY ILLUMINATED STREET NAME SIGNS 10 -125 10 -3.06A CHECKING AND REMOVING EXISTING IRRIGATION FACILITIES 10 -130 10 -2.045 PHOTOELECTRIC CONTROL 10 -125 10 -2.04T REMOVING, REINSTALLING OR SALVAGING 10 -132 10 -3.06D ELECTRICAL EQUIPMENT 10 -126 10 -3 HIGHWAY PLANTING AND IRRIGATION SYSTEMS 10 -134 10 -135 10 -3.01 GENERAL 10 -128 10 -3.02 PRESERVATION OF PROPERTY 10 -128 10 -3 -03 DAMAGE REPAIR 10 -128 10 -3.04 RELIEF FROM MAINTENANCE AND RESPONSIBILITY 10 -129 10 -3.05 COST BREAK -DOWN 10 -130 10 -3.06 EXISTING HIGHWAY PLANTING AND IRRIGATION 10 -139 10 -3.08 SYSTEM FACILITIES 10 -130 10 -3.06A CHECKING AND REMOVING EXISTING IRRIGATION FACILITIES 10 -130 1 87260 87 -1 January 1990 -6- 10 -3.06B SALVAGE EXISTING IRRIGATION FACILITIES 10 -131 10 -3.06C TRANSPLANT PALM TREES 10 -132 10 -3.06D MAINTAIN WATER SUPPLY 10 -134 10 -3.06E 10 -3.07 REMOVE EXISTING LAWN FOR TRENCHING HIGHWAY PLANTING 10 -134 10 -135 10 -3.07A HIGHWAY PLANTING MATERIALS 10 -135 10 -3.07B ROADSIDE CLEARING 10 -136 10 -3.07C PESTICIDES 10 -136 10 -3.07D PREPARING PLANTING AREA 10 -137 10 -3.07E TURF (SOD) 10 -138 10 -3.07F PLANT ESTABLISHMENT WORK 10 -139 10 -3.08 IRRIGATION SYSTEMS 10 -141 10 -3.08A IRRIGATION CONTROLLERS AND COMPONENTS 10 -143 10 -3.08B IRRIGATION SYSTEMS FUNCTIONAL TEST 10 -146 ' 10 -3.08C RAIN SENSOR UNITS 10 -147 1 87260 87 -1 January 1990 -6- TABLE OF CONTENTS (Continued) 87260 87 -1 January 1990 -7- Page 10 -3.08D ELECTRIC SERVICE INSTALLATION 10 -147 10 -3.08E OPEN TRENCHES IN EXISTING SURFACING 10 -149 10 -3.08F SPRINKLER CONTROL CROSSOVERS 10 -150 10 -3.08G CORRUGATED STEEL PIPE CONDUIT 10 -150 10 -3.08H PIPE 10 -150 10 -3.08I WATER METERS 10 -151 10 -3.08J BACKFLOW PREVENTER ASSEMBLIES 10 -152 10 -3.08K SPRINKLERS 10 -153 87260 87 -1 January 1990 -7- TABLE OF CONTENTS (Continued) APPENDIX A - STATE OF CALIFORNIA ZONE PERMIT APPENDIX B - U.S. COAST GUARD PERMIT APPENDIX C - CITY OF NEWPORT BEACH STANDARD DRAWINGS APPENDIX D - COUNTY OF ORANGE HEALTH CARE AGENCY GUIDELINES FOR THE REMOVAL OF AN UNDERGROUND STORAGE TANK APPENDIX E - NEWPORT BEACH FIRE DEPARTMENT GUIDELINES FOR REMOVAL OF UNDERGROUND TANKS STORING FLAMMABLE AND COMBUSTIBLE LIQUIDS APPENDIX F - CALTRANS ENCROACHMENT PERMIT ISSUED TO THE CITY OF NEWPORTBEACH 87260 87 -1 January 1990 -8- ' CITY OF NEWPORT BEACH NOTICE TO CONTRACTORS CONTRACT NO. 2642 ' Sealed proposals for the work shown on the plans entitled: NEWPORT BOULEVARD WIDENING 32ND STREET TO PACIFIC COAST HIGHWAY will be received at the Office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, California 92658 -8915, until 2:00 P.M. on August 28, 1990 1990, at which time they will be publicly opened and read at said address. ' General Work Description: The project includes constructing storm drains, curbs, gutters, sidewalks, paving traffic signals, sound walls and landscaping, street 1 lighting and water main improvements. This project has a goal of 11 percent disadvantaged business enterprises participation. A pre -bid meeting is scheduled for this project on August 10, 1990 at 10:00 a.m. in City Council Chambers. The project, if awarded will be the lowest responsible bidder; and in compliance with all requirements described herein. This project is subject to State contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. 'Plans, specifications, and proposal forms for bidding this project can only be obtained at the City of Newport Beach, Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, California 92658 -8915. The successful bidder shall furnish a payment bond, a faithful performance bond, certificate of insurance and endorsements, and an executed contract. IThe City of Newport Beach will not permit a substitute formate for these contract documents. Bidders are advised to review the content with bonding, insuring and legal agent prior to submission of bid. ' BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key rating Guide- Property-Casualty. Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be ' absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the State of California Standard Specifications (Caltrans) (1984 Edition adopted for use in the City of Newport Beach), and the 'Standard Specifications for Public Works Construction, 1988 Edition, except as supplemented or modified by the Special Provisions for this project. Pursuant to Section 1773 of the Labor Code, a general prevailing rate of wages in the County in which the work is to be done has been determined by the Director of the Department of Industrial Relations. Future effective wage rates have been ' predetermined and are on file with the Department of Industrial Relations. I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION ON NEWPORT BOUELVARD (S.R 32nd STREET TO ' PACIFIC COAST HIGHWAY (S.R. 1) CITY CONTRACT 2642 ' STATE CONTRACT 12- 018794 AHFP NO. 1241 & 1267 JULY 1989 P R O P O S A L j fHE HONORABLE CITY COUNCIL it.y of Newport Beach ' ') Newport Blvd Box 1768 port Beach, CA 92663 -3884 Ilemen: 55) The undersigned declares that he has carefully examined the ,cation of the work, has read the Instructions to Bidders, has :.amined the Plans and Special Provisions, and hereby proposes to furnish I1 materials and do all the work required to complete City Contract 2G42 i.n accordance with the Plans and Special Provisions, and will 1. .Ike full payment therefore the following unit price for the work, omplete in place, to wit: 87260 87 -1 I �� SEE ADDENDUM N0. 2 ;TEM ;CALTRANS; ITEM UNITS ;ESTIMATED;ITEM PRICE; TOTAL ; 0. ; CODE ; ; OF ;QUANTITY ; (IN ; (IN ; NUMBER ;MEASURE; FIGURES) ; FIGURES) ; -------------------------------------- 1 999991 MOBILIZATION & ; LS ; LUMP SUM; FIELD OFFICE ----- ;---- - - - -;- -------------------;-------;--------- ;---------- ;----- - - - - -; 2 160101 ; CLEARING & GRUBBING ; LS ; LUMP SUM; -;--------;------------------------- ;--- - -; - - -- - ; ---------- ;---------- ; 1' 3 190101 RDWY EXCAVATION & AC ; CY 5450 ' PAVEMENT REMOVAL ----- '--- - - - - -' ---------------------'-------'--------- '---------- '---------- ' 4 ; 190135 ; ROADWAY FILL ; CY --;--------;------------------------- ;------- -- -7507 ;- - ; ---------- ;---------- ; 192001 ; STRUCTURE EXCAVATION CY 175 --------------------------------------------------------------------------------- 87260 87 -1 I �� SEE ADDENDUM N0. 2 87260 87 -1 PR -2 - - -7 193 193001 ------STRUCTURE ----------BACKFILL --------------- ; ---CY -----; ------ 480 ----; ---------------------- - - -- 153215 ;--------;------------------------- ; REMOVE PCC CURB & GUTTER; ;------- LF ; ;--------- 514 ;---------- ;---------- ' ; 8 ; 153214 ; REMOVE PCC CURB ; LF ; 3,223 -----'--------'------------------------- '------- '--------- '---------- '---------- ' 9 ; 153240 ; REMOVE PCC Y- GUTTER ; SF ; 620 , - - ----- - - - - -' 10 ; 153211 ; REMOVE PCC SIDEWALK & ; SF ; 7,739 DRIVEWAY l - - - - 11 -; -' ;731504A - - - - -- ; TYPE A2 -8 CURB ; LF ; 2,844 --------- '----- -- - - -' & GUTTER 1--'-------- '-------------------- - - - - -' - - - - - -' - -- - 1-12--:731504B ; MODIFIED TYPE A2 -8 ; LF ; , CURB & GUTTER - ;--- - - - --, - - - -- - ----------- ---- - - - -,- - - --- -,- - ------ - -- -,----------- , 13 -----; :731504B ; TYPE A2 -6 CURB & GUTTER ; LF 106 14 -------- :731501A ;------------------------- ; TYPE Al -6 CURB ;------- ; LF ;--------- ; 394 ;---------- ;---------- ; ----- ; ---- - - - ;- -, - ' - --- - - - -,- - ,--------- ,----- - - - - --- - - - - -; 15 731501B ; MEDIAN CURB TYPE B3 ; LF ; 2,859 -----;--------;------------------------- ;------- ;--------- ;---------- ;----------- 15 731521 4" PCC SIDEWALK CNB ; SF ; 24,423 STD 180 -L -----;--------;------------------------- ;------- ;--------- ;---------- ;---------- ; 731523 ; 4" PCC WHEELCHAIR RAMP ; EA ; 6 STD N8 -B -----;---------------------------------- ;---- ---;--------- ; ---------- ;---------- ; 18 :731517A ; 8" PCC CROSS GUTTER CNB ; SF ; 1,252 STD 186 -L ----- ' - - - - -- - -; ------------------------- '------- '--------- '---------- '---------- ' 19 :731517B ; PCC "V" GUTTER ; SF ; 253 --- - -- - -'------------------------- ' - - - - - -'--------- ---------- ' ---- - - - - -' 20 ; 731516 ; PCC DRIVEWAY PER SF ; 729 CALTRANS STD N8 -A -------------- 21 ; 401020 ;------------------------- ;------- ; 4" PCC STAMPED PATTERNED; SF ;--------- ; 6,572 ;---------- ;---------- ; COLORED CONCRETE -----'--------'------------------------- '------- '--------- '---------- '---------- ' 22 ; 401000 ; BUS TURNOUT ; SF ; 1,424 ' (8" PCC W/ REINFORCING) -------------- 3 ; 153140 - - - - -- ;------------------------- ; PLANE AC PAVEMENT ---------- - - - - ;------- ; -' ------- SF ;--------- ; --------- 39,104 ;---------- ;----------- ' ------- -- '----- - - - - -' 24 ; 190101 ; ASPHALT CONCRETE PAV'T ; TN ; 4,498 -----;--------;------------------------- 25 ; 394041 ; ASPHALT CONCRETE DIKE ;------- ; LF ;--------- ; 195 ;---------- ;---------- ; -----,-------- ,------------- ------------ , 26 393001 ; PAVEMENT REINFORCING ; SY ; 11,172 -------- - - - - -- - FABRIC -------------------------------- -------------- ----------- - - - - -- 87260 87 -1 PR -2 - -- -; ------- -AGGREGATE ---- -------BASE(CLASS ---- ------ - - - - - - -; ---------------------- 260200 II); TN ; 2,250 ; ; -'--------;----------------- -- ------ ;------- ;--------- ;---------- ;---------- ; s6 290201 ; ASPHALT TREATED TN ; 277 ' PERMAEABLE BASE -----'--------;------------------------- ;------- ;--------- ;---------- ;---------- ; 9 ;570201A ; 2" x 4" REDWOOD HEADER ; LF ; 1,240 --- -----' --------------- - -- - -'------- '--------- '---------- ' ---- - - - - -' 30 ; 150805 ; REMOVE RCP STORM DRAIN ; LF ; 86 -----'--------'------------------------- '------- '--------- '---------- '---------- ' 31 153213 ; REMOVE DRAINAGE STRUCT. ; EA ; 5 -----;--------;------------------------- ;------- ;--------- ;---------- ;---------- ; 32 681030 8" PVC SCHD 80 ; LF ; 81 STORM DRAIN PIPE -; - - - - - -- ------------------- - - - - -'------- '--------- ' ---- - - - - -' ---- =- - - -' 33 ; 650409 ; 15" RCP ; LF ; 280 (D -LOAD PER PROFILE) '----- - -- ---- - - - -,- ------------------- - -- - -, - ------ ,----- - - - - , - --------- - - - - -' , :34 ; 650411 ; 18" RCP ; LF ; 274 (D -LOAD PER PROFILE) -------------------------;-------;---- -486- --------- - ---- - -- - -- 650416 ; 24" RCP ; LF ; i; (D -LOAD PER PROFILE) ------ -- - - - - -- - -- - -- - -- - - - - -- -- - - - - - -- 3r, 719401 ; JUNCTION STRUCTURE ; EA ; 1 TYPE JS -2 -----'--------'------------------------- '------- '--------- '---------- '---------- ' 719401 ; JUNCTION STRUCTURE CNB EA ; 1 TYPE JS -3 -----'---------------------------------- '------- '--------- '---------- '---------- ' 38 707051 - ;------- - ; ;--------------- DRAINAGE MANHOLE - - - - -- ; - - -EA -- ---- - - -3 -, ----- - - - -,- 39 ; 707050 ; INLET TYPE O.S. STD D -78; EA ; 8 W /LOCAL DEPRESSION - -- - - - - - ' ------------------- ' - - - - -- --- - -- ---- - - - - -i ---- - - - - -' ; 40 ; 721420 ; PARKWAY CULVERT CNB ; LF ; 52 -----'--------'------------------------- '------- '--------- '---------- '---------- ' 41 510505 ; CONC COLLAR CNB ; EA 5 ' STD 313 -L -----'--------'------------------------- '------- '--------- '---------- '---------- ' 42 ;6811033 ; EDGE DRAIN W/ VENTS & ; LF ; 717 OUTLETS(CALTRANS D98D -1,; - - - - -' - - - - - -- - --------' ------- '--------- '---------- '---------- 43 513540 ; TIMBER RETAINING WALL ; SF ; 3,290 -;--------;------------------------=;-------;---- ----- ;----- - - - - -i 1_44_;760023A ; MODIFY EX. WATER SYSTEM ; EA ; ;---------- --------'------------------------- '------- '--------- '---------- '---------- ' 45 ; 152440 ; ADJUST MANHOLE TO GRADE ; EA ; 8- -----;--------;-------------------------;--- A --;------- ;------ ---- ;----- - - -- - ; 46 152441 ; ADJUST WATER VALVE ; EA 6 TO GRADE a J J 87 -1 PR -3 r- ] I L-' 87260 87 -1 PR -4 - ------------------------------------------------------------------------------ :760023B ; WATER VALVE VAULT ; LS ; LUMP SUM; , , CONSTRUCTION - - - - -, ---- - - - -i- ----------------------;-------;--------- ;---------- ;----- - - - - -; 18 ; 991025 ; WATER LINE CONSTRUCTION ; LS ; LUMP SUM; _ - -----=-------=---- - - - --'------- ' --- - - - - -'---------- ' ---- - - - - -' 50 719100 ; SEWER CONSTRUCTION ; LS LUMP SUM; 51 860430 ; NAVIGATION LIGHTS ; LS ; LUMP SUM; '--- - - - - - -' - - - - - -' ---- - - - - -' 52 ; 120100 ; TRAFFIC CONTROL SYSTEM ; LS ; LUMP SUM; -----;--------;------------------------- 53 833080 ;---- K -RAIL AND CRASH CUSHION; ---;--------- LS ; LUMP ; ---------- SUM; ;---------- ; -------------- - - - - - -' - - -'---------- ' ---- - - - - -' 4 ; 840650 ; TRAFFIC STRIPING, PAV'T ; LS ; LUMP SUM; MARKINGS & PAV'T MARKERS; ; --------;------------------------- ;------- ;----- - - - -;- - - - -; ----- - - - -;, 55 :562000A ; ROADSIDE SIGNS ; LS ; LUMP SUM; -----;--------; ------------------------- ;------- ;--------- ; ---------- ;---------- ; 56 ; 861491 ; SIGNAL MODIFICATIONS LS ; LUMP SUM; LOCATION 1 ----- --- - - - - -- -------------- ------ - - - - -, 57 ; 861492 ; SIGNAL MODIFICATIONS ; LS ; LUMP SUM; '-- - - - - -- LOCATION 2 --------------------------------- ---- - - - - -- ---- -- - --- ----- 58 861493 ; SIGNAL MODIFICATIONS ; LS --- ; - -- LUMP - -- SUM; LOCATION 3 , - - -i - -- - - - - -; ;------------------------- ;------- ;--------- ;---------- ;---------- ; 59 860401 ; INTERCHANGE LIGHTING ; LS LUMP SUM; --- ----------- ;------------------------- ;------- ;--------- ; ---------- ;---------- ; 60 ; 860408 ; STREET LIGHTING ; LS LUMP SUM; ----;--------; ------------------------- ;------- ;--------- ; ---------- ;---------- ; ;l ;200001A ; LANDSCAPING ; LS LUMP SUM; ------------------------- ------- --------- ; ---------- ;---------- ; 52 ; 208000 ; IRRIGATION ; LS ; LUMP SUM; t63 l -----;--------;------------------------- ; 810110 ; ;------- RELOCATE COUNTY GPS ; LS ;--------- ; LUMP ; ---------- SUM; ;---------- ; ; CONTROL STATION - - - -- --------;------------------------- ;------- ;--------- ---- - - - - -- ---- - - - - -- 64 070001 ; CONSTRUCTION STAKING ; LS LUMP SUM; --- '-------- '-- - - - - -- --- - - - - --' 65 B;154900A ; REMOVE TIMBER PILE ; LS ; LUMP SUM; DOLPHINS ------- - - - - -I 66 B; 157560 ; BRIDGE REMOVAL (PORTION); LS ; LUMP SUM; ----- ' -------- '------------------------- '------- '--------- '---------- '---------- ' 67 B; 159114 ; MODIFY DECK EXPANSION JOINT ; LF ; 184 -----'--------'------------------------- '------- '--------- '---------- '----------- 68 B;159199A ; JACK BRIDGE SPAN ; ; LUMP SUM; - - - - - - -' ------- ------ - - - - -- - - -- - -LS- - - - ---- -------------- - - - - -' B; 192003 ; STRUCTURE EXCAVATION ; CY , ; (BRIDGE) , r- ] I L-' 87260 87 -1 PR -4 -^ --- -----STRUCTURE ----EXCAVATION ------------- --- CY - - -- -610 ---; ---------------------- B . 192037 ; ; ; (RETAINING WALL) - -------- '------ - - - - -- - - -'------- --------- ' ---- - - - - -; ---- - - - - -; 71-B:1932003 ; STRUCTURE EXCAVATION ; CY ; 165 (BRIDGE) ; '--- ----- - - - - -' --- ------------- - - - - -- - - -' �--- -- CY ; - - - -- - '---------- '----- - - - - -i 72 B; 193013 ; STRUCTURE EXCAVATION ; ' 720 (RETAINING WALL) -----'---------------------------------- '------- '--------- '---------- ' ---- - - - - -' 73 B; 490201 ; FURNISH TREATED TIMBER ; LF ; 432 ' PILING -----'--------'------------------------- '------- '--------- '---------- '---------- ' it B;490335A ; FURNISH SPECIAL CLASS 45; LF ; 2,380 PILE ----- '-------- '------------------------- '------- '--------- '---------- '---------- ' 75 B;492100A ; DRIVE SPECIAL CLASS 45 ; EA ; 54 (F) . ; PILE '------- ' -----'--------'------------------------- 76 B; 510053 ; STRUCTURAL CONCRETE, ; CY ; 66 ; (F) ; ; BRIDGE FOOTING -------- - - - - -' - --- - -i--------- ' ---- - - - - -' 77 B; 510053 ; STRUCTURAL CONCRETE, ; CY 471 i F) ; BRIDGE 178 - -; - -- -- -- - - -' - --- - -i - -- --; ---- - - - - -; - - -; B; 510060 ; STRUCTURAL CONCRETE, ; 330 iF) ; ; RETAINING WALL - -- - - - - -- ------------------- - - -- -- - - - - - - - - - ---- - -' - - -- - - --- - ---- - - - - -' B; 510085 STRUCTURAL CONCRETE, CY ; 10 APPROACH SLAB (TYPE EQ) ; -;--------;------------------------- ;--- --------- i---------- i---------- ' 80 B; 510086 ; STRUCTURAL CONCRETE, ; CY--; APPROACH SLAB (TYPE N) -----'--------'------------------------- 81 B; 511106 ; DRILL AND BOND DOWEL '------- ; LF '--------- ; 110 '---------- '---------- ' - -- - -1 -------- ' - - - - - - - - - - - - - - - - - - - - - - - - - ' - - - - - - - ' - -- - ' - - - - - - - - - - ' - - - - - - - - - - ' 82 B; 512202 FURNISH PRECAST ; EA ; 10 PRESTRESSED CONCRETE GIRDER (30' TO 40') -----'--------'------------------------- '------- '--------- '---------- '---------- ' 83 B; 512203 ; FURNISH PRECAST ; EA ; 10 PRESTRESSED CONCRETE GIRDER (40' TO 50') ; -----'--------'------------------------- '------- '--------- '---------- '---------- ' 84 B; 512204 ; FURNISH PRECAST EA ; 1 PRESTRESSED CONCRETE GIRDER (50' TO 60') -;--------;------------------------- ;--- i---- --- ; ---------- ;---------- ; 85 B; 512500 ; ERECT PRECAST ; EA-- i- PRESTRESSED CONCRETE GIRDER -;--------;-------------------------;---LF--;------53-;------- --- G B. 519001 ; WATERSTOP ; ' ;---------- 87260 87 -1 PR -5 lJ 11 1 87260 87 -1 rm ---------------------------------------------- '- ------------------------- B; 519085 ; JOINT SEAL ; LF ; 100 (TYPE B -MR 1 ") - '--- -- - - -'------------------------- ------- '--------- '---------- ' ---- - - -- -' R8 B; 520102 ; BAR REINFORCING STEEL ; LB ; 103,000 (S -F); ; (BRIDGE) - - '--- - - - - - ' ----- ----------- - - - - -- -- - - - - - -'---------- ' ---- - - - - -' '0 B; 520103 ; BAR REINFORCING STEEL ; LB ; 17,000 (RETAINING WALL) -----;--------;-------------------------;-------;--------- ;---------- ;----- -- - - -; 90 B; 520106 ; BAR REINFORCING STEEL ; LB ; 5,000 (S -F); ; (EPDXY COATED) -----;--------;------------------------- ;---- ---;--------- ;---------- ;---------- ; 91 B; 540102 ; TREAT BRIDGE DECK SF ; 9,200 (S) -----;--------;------------------------- ;------- ;--------- ;---------- ;----------- 92 B; 540108 ; FURNISH BRIDGE DECK ; GAL ; 92 TREATMENT MATERIAL -----;--------;------------------------- ;------- ;--------- ;---------- ;---------- ; 73 B;574999A ; TIMBER PILE DOLPHIN ; EA ; 4 --- - - - --'------------------- '------- '--------- '---------- ' -- - - - - -' J4 B. 731517 ; MINOR CONCRETE (GUTTER) ; CY ; 13 ------- ---- --- - - - - -' ------ '---- - - - - -' - ------------- - - - - -' 93 B; 750501 ; MISCELLANEOUS METAL ; LB ; 850 BRIDGE) -- - - - - -' ------------------------- ' - - - - - -' - -- -- - --- - - - - -; ---- - - - - - ' i B; 833020 CHAIN LINK RAILING ; LF ; 188 ; -------- ------------------------- i------- ;--------- ---------- ---------- 97 B; 833088 ; TUBULAR HANDRAILING ; LF ; 421 (S -F) -----;--------;------------------------- 98 B; 833140 ; CONCRETE BARRIER ;------- ; LF ;--------- ; 421 ;---------- ;---------- ; (TYPE 26) '-- --- '----- - -- - -' -----'-------='-------------------------'-------'--------- 99 B; 839521 ; CABLE RAILING ; LF ; 178 ----- ' -----;--------;------------------------- ;------- i--------- ;---------- ;---------- ; J0 B; 999990 ; BRIDGE MOBILIZATION 9.9 %; -------- - - - - -' LS ; LUMP SUM; - - -'---------- ' -- -- - - - - -' 101 B;066001A ALIGN SPAN 3 ; LS ; LUMP SUM; 11 1 87260 87 -1 rm I 87260 87 -1 PR -7 --- - - - - -- ------------------------- --------------------- ---------- 1''" ; 160132 DEMOLISH BUILDING ; LS LUMP SUM; ; ;I (SERVICE STATION) - -- - - -- - - ---------- -- --- ----- - - - - -' - - -' --- -- - - -- --- -- - --- ' 103 160132A ; REMOVE AND DISPOSE OF ; LS ; LUMP SUM; (S) UNDERGROUND GAS TANKS - -- -- --- ---- -'------------------------- :160132B ------- ---- - - - --; ---- -- -- - 104 ; REMOVE AND DISPOSE OF ; LS ; LUMP SUM.i' ASBESTOS - - - -- --------,------------------------- ,------- ,--------- ,---------- ,---------- , 105 ;190167A HAZARDOUS WASTE REMOVAL ; CY 11900 5) ; AND DISPOSAL , l06 ;190167A ; ROCK SLOPE PROTECTION ; (LIGHT) SF ; 2,550 ----!--------1-------------------------,----------------- !---------- ------ - - - - -- 87260 87 -1 PR -7 SEE ADDENDUM N0. 2 FOTAL BID PRICE ITEMS 1 THROUGH 104 .............................. .:RITTEN IN WORDS: DOLLARS ' CENTS AND I BIDDER AUTHORIZED SIGNATURE /TITLE ' BIDDER'S TELEPHONE NUMBER ADDRESS F CONTRACTOR'S LICENSE NO. CONTRACTOR'S ADDRESS ' CONTRACTOR'S TELEPHONE NUMBER ---------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 87260 87 -1 mm $ 1 I BIDDER AUTHORIZED SIGNATURE /TITLE ' BIDDER'S TELEPHONE NUMBER ADDRESS F CONTRACTOR'S LICENSE NO. CONTRACTOR'S ADDRESS ' CONTRACTOR'S TELEPHONE NUMBER ---------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 87260 87 -1 mm Page 1 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. ' 1. PROPOSAL authorized to sign 2. INSTRUCTIONS TO BIDDERS the signatures shall be of a corporate 3. DESIGNATION OF SUBCONTRACTORS the corporation. For 4. BIDDER'S BOND (sum not less than 10% of total bid price) ' 5. PUBLIC CONTRACT SECTION 10232 STATEMENT be of the owner. 6. EEO CERTIFICATION 7. NON - COLLUSION AFFIDAVIT ' 8. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 9. PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT 10. DEBARMENT AND SUSPENSION CERTIFICATION ' 11. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the 'project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. Bidders must hold a Class "A" license in accordance with the provisions of Chapter 9, Division III, of the Business and Professions' Code. The low bidder shall also be required to obtain a City of Newport Beach business license prior ' to execution of the contract. Bids are to be compared based upon the total lump sum price bid to complete 'the contract. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. 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. In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 'inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. documents shall bear signatures and titles of persons authorized to sign 'All on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall ' be of the owner. 247770 -A Contr'sLic. No. & ClassificationBidder ' September 11, 1990 !?0A41 DateAuthorized Signature /Title Michael H. King, ident Page 2 ' DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(ss) in making up his bid, and that the subcontractors) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Subcontract Work Subcontractor Address 1, Bridge (portion) Miguel ' 2. Rebar (portion) Lambert 3. Curb & gutter (portion) Kellar ' 4. Piling (portion) Meek 5. Stamped concrete (portion) Empire 6. Landscape irrigation (portion) Carlton 7. Electrical (portion) Moore a. Stripping (portion) Orange Countv ' g, Survey (portion) Southland lo.Plane asphalt Pavement Recycle ' 11.Bridge demo (portion) Penhall 12.Tub handrail (portion) Modin 13. CLR & CR (portion) Alcorn Brutoco Enaineering and 14. Girder (portion) Confab Construction, Inc. Bidder • , ' Authorized S' ture /Title Michael H. King, President J Page 3 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, ' That we, Brutoco Engineering & Construction, Inc. as bidder, and Safeco Insurance Company of America as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent (10 %) of bid price ------------------------- - - - - -- Dollars ($ ----- --- ---- --- 1), lawful money of the United States for the payment of which sum well and truly to ' be made, we bind ourselves, jointly and severally, firmly by these presents. ' THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Newport Blvd. widening, 32nd Street to Pacific Coast Highway 2642 Title of Project Contract No. ' in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such 'construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, 'then this obligation shall become null and void; otherwise it shall be forfeited to the said City. 'In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 27th _ day of August 19 90. Brutoco Engineering & ' Construction, Inc. Bidder (Attach cknowledgment of Attorney -in -Fact) ' Lisa L. Thornton Notary Public ' Commission Expires: Authorized ignature /Title Tom Salata JExecutive Vice President 24, 1993 Safeco Insurance Company of America Surety By: Mary M. Gunness Title: Attorney in fact Page 4 PUBLIC CONTRACT SECTION 10232 STATEMENT In accordance with PUBLIC CONTRACT CODE SECTION 10232, and in addition to the ' other qualifications and agreements that are a part of this contract, the 'Contractor, in so signing, does hereby state, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two -year period because of the Contractor's failure to comply with an order of a federal ' court which orders the Contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the ' court because the Contractor has complied with the order which was basis for the finding. The City may rescind any contract in which the Contractor falsely swears ' the truth of the statement required by this section. ' Note: The above statement is a part of the PROPOSAL. Signing the PROPOSAL on ' the signature portion thereof shall also constitute signature of this statement. ' Bidders are cautioned that making a false, certification may subject the signatory to criminal prosecution. J F P 1 I THE BIDDER'S EXECUTION OF THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. ' The bidder _X, proposed subcontractor_, hereby certifies that he has X, has not_, participated in a previous contract or ' subcontract subject tot he equal opportunity clause, as required by Executive Orders 10925, 1114, or 11246, and that he has X has 'not filed with the Joint Reporting Committee, the Director of ' the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's ' Committee on Equal Employment Opportunity, all reports due under the applicable filing requirement. Page 5 Note: The above certification is required by the Equal Employment opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b)(1)), and must be submitted 'by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontractors of $10,000 or under are exempt). Currently, Standard Form 100 (EEO -I) is the only report required by the Executive ' Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to required reports should note the contracts and subcontracts unless 'delinquent period or such other Administration or by the Director, Department of Labor. 1 1 the Executive Orders and have not filed the 41 CFR 60- 1.7(b) (1) prevents the award of ;uch contractor submits a report covering the period specified by the Federal Highway Office of Federal Contract Compliance, U.S. I 1 Page 6 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. t NOTE: The above Non - Collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - Collusion Affidavit. ' Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Brutoco Engineering & Construction, Inc. Bidder 4W I I oft Authorized Signa /Title Michael H. King, Presi ent Subscribed and sworn to before me this 11th day of September 19M_. My commission expires: ' March 18 Notary Public Joan Gallian ' Page 7 ' PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ' In accordance with Public Contract Code Section 10162, The Bidder shall complete, under penalty of perjury, the following questionnaire: ' Has the bidder, any officer of the bidder, or any employee of .the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or 'otherwise prevented from bidding,on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? IYES NO X ' If the answer is yes, explain the circumstances in the following space: Note: The above Questionnaire is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute 'signature of this Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. I I PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT Page 8 ' In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws 'f the State of California that the bidder has , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of.fraud, bribery, collusion, conspiracy, or any other act 'in violation of any State or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public contract Code Section 1101, including the regents of the University of California or the Trustees of the California State University. The term "bidder" is 'understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10385.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. ' The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. ' Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. d I 11 IJ i 1 ' Page 9 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 ' DEBARMENT AND SUSPENSION CERTIFICATION The bidder under penalty of perjury, certifies that except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary ' exclusion, or determination of ineligibility of any federal agency; has not been suspended, debarred, voluntarily excluded, ' or determined ineligible by any federal agency within the past three years; ' does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil ' judgement rendered against it by a court of competent Jurisdiction in any manner involving fraud or official misconduct within the past 3 years 'If there are any exceptions to this certification, insert the exceptions in the following space: Exceptions will not necessarily result in denial of award, but will be 'considered in determining bidders responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. i ' Note: Providing false information may result in criminal prosecution or administrative sanctions. ' The above certification is part of the PROPOSAL. Signing this PROPOSAL on the signature portion thereof shall also constitute signature of this CERTIFICATION. Page 10 TECHNICAL ABILITY AND EXPERIENCE REFERENCES 'The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No 1 R 1 I 1 J See Attached Brutoco Engineering & Construction, Inc. Biddp/��� Authorized Signa a /Title Michael H. 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'O r' o o o o 0 0 0 W o o w w w 3�4 w rz 3 x w x v w s 0 rz o w w H u u u ro U u u u �+ W 'O U U w w w is >1 >+ a) 41 >v >,r- >, >, >1 ri >r >v -'i >,. >, _ C, U U U l4 a) rJ li ro 0 r3 N >, 3 :i J v ru U v C) J co ro ro ro a) N ro ro 'a 3rocGOC373G3Cro Ccm o,rno,m3: 33GC333 •-� •a P 1-) C a) 1) 0 c a) 4 3 •O +J C r0 -.-I r6 ro 'O 'D � L o) -C: O, O, ro C C ro (1) G al ro (1) G G N G ro -H x m O„O b) ro ro O' O, 0, -". 14 J Sr i S4 a) 7 O C) -C }A r' 3=. a 1: :- -i 'i -.i ri.ri rl -c .� "" "i •1 u n rn to In m to \o to< to to ko \D \D to r h r r r rr h 00m m m mm mm Q m m m m m m m m m m m m m m m m m m m m m m 0000 m m m m m COMM m W m 0, m m m m m m m m m m m m m m m m m C, m m m m m rno�mmmmmm >i — r- .- — r- — r- r-- •- r- r- — — r- r- — r- .- — r- r-- — — .- .- r- .- — .- .- .- — i 1 1 1 1 1 1. 1 1 1 1 1 '1 1 1 0 0 0 08 0 -� .H V -ri U U of U U ?i U T roc c 0 (3� s-+ yi,1� 3 1 3 3 O N pN ull b) N O� b) Cl N W w O o x U x x 3 3 F UxxfAx� Wxx I m m m m W m m m orn w co m W m m m C:) co rn rn rn rn rn rn rn rn rn C LO b� H Z q�00 „800 °h 0 0 0 08 0 -� .H V -ri U U of U U ?i U T roc c 0 (3� s-+ yi,1� 3 1 3 3 O N pN ull b) N O� b) Cl N W w O o x U x x 3 3 F UxxfAx� Wxx I m m m m W m m m orn w co m W m m m C:) co rn rn rn rn rn rn rn rn rn LO °h H L) a�FC -7HOo0 z a 0 H H W U U 5 2 W E- H z a z a O x a U W 0 Ln otoorn��nCm La `N WNTV'NCLO Ur O N MhOMO N N�N d'r- m OI IoMW HH IO MNN Io `--'OWM E N W El H U U E Z L•7 � O O 0 0 U -, r+ E U U � � n sal N @ 4Q Ul Ul 0 0 0 08 0 -� .H V -ri U U of U U ?i U T roc c 0 (3� s-+ yi,1� 3 1 3 3 O N pN ull b) N O� b) Cl N W w O o x U x x 3 3 F UxxfAx� Wxx I m m m m W m m m orn w co m W m m m C:) co rn rn rn rn rn rn rn rn rn I Page 11 N O T I C E ' 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 (Pages 12 & 13) ' FAITHFUL PERFORMANCE BOND (Pages 14 & 15) CERTIFICATE OF INSURANCE & ENDORSEMENTS (Pages 16, 17, & 18) CONTRACT (Pages 19 & 20) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. 'Payment Bonds and Insurance Bonds shall be issued by an admitted corporate surety insurer holding a current Certificate of Authority from the Insurance Commissioner of the State of California to transact surety insurance in the State of California; and is on the 1988 Edition of the Treasury List (Circular 570 of the U.S. Treasury Department). INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and, (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided for all TYPES OF INSURANCE ' checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents 'shall be absorbed in the bid. Such specifications shall .include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction, (latest edition adopted for use in the City of Newport Beach) , ' except as supplemented or modified by the Special Provisions for this project. u L_11 t Page 12 PAYMENT BON BOND #5595377 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the! City of Newport Beach, State of California, November 26 1990 �{ i by motion adapted ' ' ' has awarded to _ Brutoco ngineerrn�L_an ort -Siruc lon, nc. hereinafter designated as the "Principal ", a contract for Newport Boulevard Widening, Contract No. 2642 in the City of Newport Beach, in strict conforrity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach; ' WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,, for, or about the performance of the work agreed to be done, or for any work, or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We Rn?f rn -drop,- q Cii=au U.Gti, Tau• as Principal, and Safeco Insurance CaTpany of Mesita ! 1 i. ( as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Three million nine hundrad ferr„_thWSand fi.ue hundred_ and _ Dollars 0- 1,940,540 * * * * ** ) ninety said s•am being Equal to 1001 of the estimated amount payable by the City of Newport Beach under the terms of the contract;,.for wh`ch payment well and truly made, we bind ourselves, our hairs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. TF.E CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal :or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the`work contracted to be done, or for any other. work or labor thereon of any kind or for amounts due under the Cnemploynent Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil =cde of the State of California. Payment Bona (Continued) rage 13 The bond shall inure to'the benefit of any and all persons, companies, and corporations entitled to file_ claims under Sec' "tion 3181 of the California civil Code sous to give a right to them or their assigns in any suit brought upon this . bond, as required by the provisions of sections 3247 et. seq. of the Civil Code— of the State of California. Arid said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any.such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. . IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 11th day of December 19 . { Brutoco Engineering & Construction, Inc. (Seal) Name of Contractor (Principal) Michael H. King - Pre I ent� Authcrized Signature and Title Authorized Signature and Title. Safeco Insurance Company of America (Seal) Name of Surety 17570 FXpafhnrct itr�t. Fn�ljain VaUe_y, CA _- Address 9f, Surety William A. Sadler Attorney 3n fact Signature and Title of Authorized Agent Jardine Insurance Brokers IDs Angeles, Inc. 11835 W. Olympic Blvd., 5th E1., Fast Tager Los Angeles; CA Address of Agent (213) 6L44 3934 Telephone No. of Agent U) as ,i y3 O t W �s O O w R j on u Y N C4 ro 0 d Cl 41 ,C o E" 0 O i 4 C Z <_ a 1 O u u L7 Y N 0 2 ro N U U > 0 Y Y w Lra_o .� W ro C O I+ O NOO:�U O U1 = HQ Qau d H ro 0 , N 0 N O E Y N u "Z O J z z _E E P. QQEO G7 1T fl U in O N J Z O C N N 'O W •rl -.E/ O O N A a E w 3 3 o c o .'!4 FN1 N V a 0 C ro F O J 0 N on N b O r n4 .Q T iii u. 1 0 I: N .a u N •.1 C N ro N W O N N O Y N v v a w Y u N O N O Y N W W u N I ra w u W Y W H ro Y E C!UE 0 q 4 N V, 14 7 N U O 111 W N 41 C O 1 P. O C O, Y ro N +.1 •.1 N N h W W H N X. X. 'O N U ^.O rd .O 4.1 J) N N rd G1 r $A G N u o c ur: Y O C N Y J• N C z O w C� 3 0 N u a 0 3 N 0 N v N H N u U W W 0 ro c ro ro C ro C N v c Y ro a N ro •rl :1 N 0 O C r-1 N .14 to ••/ 41 41 O to O 41 N m ro N H 1 POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA --� SAFECO SEATTLE, WASHINGTON 981 SG No. 2722 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint - -- WILLIAM A. SADLER, Los Angeles, California----------------- - - - - -- its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 1st day of August , 19 ffi . CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA _ and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Bob A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 11th day of Deccernber . 192 . 5 -974 R10 3/e6 PRINTFD IN II c A Page 12 ' PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted November 26, 1990 has awarded to Brutoco Engineering and ConstruEtion, Inc. ' hereinafter designated as the "Principal ", a contract for Newport Boulevard Widening, Contract No. 2642 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the ' City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing 'that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: ' NOW, THEREFORE, We ' as Principal, and as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ' Dollars ($ ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract;.for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. 'THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a treasonable 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. 1 -. i I ' Payment Bond (Continued) • Page 13 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 the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no 'change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to ' the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal ' and Surety above named, on the day of , 19_ 'Name of Contractor (Principal) (Seal) ' Authorized Signature and Title F n u Authorized Signature and Title (Seal) Name of Surety Address of Surety Signature and Title of Authorized Agent Address of Agent Telephone No. of Agent Z FAITHFUL PERFORMANCE BOND BOND #5595377 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, by motion adopted November " 1990 has awarded to 8rutoCO �ngineerinq anc Cons truc ion, nc. _ _ Page 14 State of California ;'� hereinafter designated as the "Principal ", a contract for P)ewport Boulevard Wieenina,�Contract No. 2642 in the City of Newport Beach, 'in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to ?xecute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOV, THEREFORE, We &utoco Engineering & Construction, Inc.. as Principal, and Safeco Insurance Can y of America as Surety, are held firnly bound unto the City of Newport Beach, in the sum of ! Three million nine hundred forty thousand five hundred ninetyuollars ($3.940_5q9******** } said sum beiny equal to 100$ of the estimated. amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE; CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors,. administrators,. successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the Covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this Obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract .L _ page 15 Faithful Performance Bond (Continued) or to the work to be performed thereunder oi.- to the speulficdtions accompanying the same shall in any wise affect its obligations. on this bond, and it does hereby waive notic(. of any such change, extension of time, alterations or additions of the co:itract "or 'to the work or to the specifications. In the event that the principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been executed by the Principal and Surety above named, on the llth day of , 1990 I Bxutoco Engineering & Constniction Inc. (Seal) Name of contractor (Principal) Micliael Authorized Signatu and Title Authorized Signature and Title Safeco Inairance Q2 =y of kpxira (Seal) Name of Surety 17570 Bronknurst Street Fountain ValleV, Ca Address of Surety William A. Sadler Attorney in tact Sid r��tu eand itle 3�utkyori zed Agent one surance ors s ge es 11835 W. olympic Blvd., 5th Pi., E. Tower IDs Angeles, CA 90064 Address of Agent (213) 444 -3333 Telephone No. of Agent i N L] a a oa H N a o° W H F K a N U y N 'o C, a N G O, O N C '0 •N i E W N w 0 N w m 0 N C: UI O N 11 O .N �H O 'Y) w N C r A 0 3 3 O u p T r N O m ro a r W rd N C C A O O 0 u O .� N W 0 N O -1 N N Ol rd II bl n I• I N •I N W 0 •.1 G p h N 0) ,� O V r7 N N 7 it �q v to a U O N lam, T i N 1 ro (a N O u ri W 4 U ro l u ro u w N „ W W ro 0 = W O C v N C O W O ro 1 N 1 T v O N a C : ro c W ro E' C 'O •'1 ¢ h N FFFFU1111 IIIICII �4 ly O a1 W N al b . O P. O .Hl 9 FOi N .n a ro N a, 0 A PwN -u Ya w9 'v .n N •'I ro T C W C 1, ro N .Z 0 o ro U a 0 a N C 3 ro v N ro M N u 0 C .a ro .N u .14 4, O N O W N H ro N ° yj O ., m zLL r ^.0i C.N N.0 <(C< F c N u �OUO�° .11 0 v n m < x� 0 N N D� t w v M-. m. a o u O N 4, N E C o�44 44 n' .,11 +, Vi a °" O N O N J� N 'o C, a N G O, O N C '0 •N i E W N w 0 N w m 0 N C: UI O N 11 O .N �H O 'Y) w N C r A 0 3 3 O u p T r N O m ro a r W rd N C C A O O 0 u O .� N W 0 N O -1 N N Ol rd II bl n I• I N •I N W 0 •.1 G p h N 0) ,� O V r7 N N 7 it �q v to a U O N lam, T i N 1 ro (a N O u ri W 4 U ro l u ro u w N „ W W ro 0 = W O C v N C O W O ro 1 N 1 T v O N a C : ro c W ro E' C 'O •'1 ¢ h N FFFFU1111 IIIICII �4 ly O a1 W N al b . O P. O .Hl 9 FOi N .n a ro N a, 0 A PwN -u Ya w9 'v .n N •'I ro T C W C 1, ro N .Z 0 o ro U a 0 a N C 3 ro v N ro M N u 0 C .a ro .N u .14 4, O N O W N H ro POWER SAFECO INSUF&,NCE CQNIPANY OF AMERICA i OF ATTORNEY GENERAL INSURANCE CGw ?ANY OF AMERICA HOME OFFICE. SAFECO PLAZA SAFECO SEATTLE, WASHINGTON 96185 No. 2722 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ------- ----------- WILLIAM A. SADLER, Los Angeles, California------ - - - - -- its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 1st CERTIFICATE day of August , 19_$Q. -, Extract from the By Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -- FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys in fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS - WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 11th day of DE?cenber , 19 90 ' t S -974 R10 3/66 PRINTED IN u c . FAITHFUL PERFORMANCE BOND r, . . Page 14 KNOW ALL MEN BY THESE PRESENTS, That 'WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted November 26,.1990 has awarded to Brutoco Engineering and Construc-t-i—on-,—Fn—c. ' hereinafter designated as the "Principal ", a contract for Newport Boulevard Widening, Contract No. 2642 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; ' NOW, THEREFORE, We as Principal, and ' as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ' Dollars ($ ), said sum being equal to 100% of the estimated amount of the contract, to be paid 'to the said City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, 'shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed 'at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this 'obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby. stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract ' Faithful Performance Bond (Continued) Page 15 ' or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that the principal above named executed this bond as an .1 I 11 1 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 day of , 19_ (Seal) Name of Contractor (Principal) Authorized Signature and Title Authorized Signature and Title (Seal) Name of Surety Address of Surety Signature and Title of Authorized Agent Address of Agent Telephone No. of Agent i Z O F— Q U C w U w U Z Z Z O H Q N Z w d S 0 U N K w Y K 0 3 a) V i c N Q) O ro 0 W L o U > O U Y U w i •r V N O O r ra L •r L Y ro a C Y S- 0 3 3 a a L U >1 aJ Y Y C r L N ro O_Y 4 c i E o U 0 ro N V O o rn c CD ro r a r M -0 r U .r c 4 —3 aj c i E E N O V- V •� Y C i ro ro a v a) n L a) ^ F a a) N O O O L Y C O N � U c i O O a) O Y C 0 ro r N O L V > O. O Y a) o E w E S- o 0 0 0 !)•r N V Q) L a) ro O U) Y > N •r i a) c N O w (V •rw o a) => a) i E O -0 W •r O i i V O N c ro v c 3 a) - a) O +� ro i N L •r V E L v r t ro v L- > Y r i + O c L O •r i O = 3 3 3 0. V ? s 0' a) O E O Z a) Y � V �� ro 3 i Y � o � U N c r, a � v O W �, 0 +i v y pw V C,6 N a � N u) O 2 a U ro ro u i it c +) y C O O U 0' a) O E O Z a) Y � V �� ro 3 i Y � o � U N c r, a � v O W �, Page 16 PRODUCER COMPANIES COMPANIES AFFORDING COVERAGE LIBERTY MUTUAL INSURANCE COMPANY COMPANY 1126 W. FOOTHILL BLVD LETTER p LIBERTY MUTUAL INSURANCE COMPANY UPLAND, CA 91786 COMPANY B LETTER INSURED BRUTOCO ENGINEERING & CONSTRUCTION,INC P.O. BOX 429 COMPANY C FONTANA, CA 92334 LETTER �i� COVERAGES E €#�xr'3`'�'"[�?tg i # ? �i �. yy; � .'t�,z�'" Rn vtFdh, POI 1TiES IS TO GFAnF! TF�i1T POLICIES OF UJSUR417 1]S1FD' BELOW�WVE B .y IS§�l ED TO TH£ INSUR� NAMED ABOVE FOR h1� POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PEF[rNK THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED. EXTENDED OR ALTERED BY THIS CERTIFICATE CA LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE IXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY (OCCURANCE BASIS ONLY) TB1 -161- GENERAL AGGREGATE 5 2,000 030472 -020 0/1/90 10/1/91 PRODUCTS /COMPLETED S 1,000 ALE COMMERCIAL COMPREHENSIVE OPERATIONS AGGREGATE ❑ CONTRACTORS PROTECTIVE PERSONAL INJURY S 1,000 ❑ CONTRACTUAL FOR SPECIFIC CONTRACT EACH OCCURANCE s 1,000 ❑ PRODUCTS /COMPL OPER ❑ XCU HAZARDS ❑ BROAD FORM PROP. DAMAGE ❑ SEVERABILITY OF INTEREST FIRE DAMAGE S 50 CLAUSE (ANY ONE FIRE) ❑ PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL [EXPENSES $ 5 REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED = 1,000 , A COMPREHENSIVE AS 1- 161 _ SINGLE LIMIT t 00 �{ . IaR. BODILY INJURY (PER PERSON) s X OWNED 030472 -030 0/1/90 0/1/91 ,T E.. F ;' BODILYINJURY HIRED (PER ACCIDENT) ®NON-OWNEO PROPERTY _ DAMAGE t: EXCESS LIABILITY M`'' Y'q''"r " EACH AGGREGATE?�Y A X UMBRELLA FORM TH1 -161- ,, £T, k'saE OCCURRENCE OTHERTHANUMBRELLAFORM 030472 -040 0/1/90 0/1/91 5,000 65,000 STATUTORY i 3 ,�x';i''Amu ". 6 ,,� �.,=:n A WORKERS' cOMPENsanON WC2 -161- $ 500 T EACH ACGOFM1IT AND 030472 -010 0/1/90 0/1/91 S 500 DLSFASE -POucY LIMIT EMPLOYERS' LIABILITY $ 500 DISEASE -EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR STATUTORY WORKERS' COMPENSATION DESCRIPTION OF OPERATIONS /L.00ATIONSAgg-U .ES/RESTWCTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED W CONNECTION WITH THE FOLLOWING CONTRACT: _PROJECT # 265 NEWPORT BLVD. CONTRACT # 2642 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER a= r', CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED. CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE 30 DAYS MIN. ADVANCE 3000 NEWPORT BLVD. NOTICE TO THE CITY OF NEWPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, CA 92659 -1768 ATTENTION: T, T(THN u a -1 12127/90 AUTHORIZED fffiRESENTATIVE ISSUE DATE Page'17 CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, 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 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 (x) Combined Single Limit Bodily Injury Liability and Property Damage Liability $ per person $ per accident 3 $ 1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one 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, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: PROJECT # 265 NEWPORT BLVD: CONTRACT # 2642 (Project Title and Contract No.) This endorsement is effective 10/1/90 at 12:01 A.M. and forms a part of Policy No.ASI- 161 - 030472 -030 Of LIBERTY MUTUAL INSURANCE COMPANY Company Affording Coverage Insured BRUTOCO ENGINEERING & CONSTRUCTION.INCEndorsement No. g Producer LIBERTY MUTUAL INSURANCE COMPANY By CZ { Authoriz presentative Page 18 CITY OF NEWPORT BEACH GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as.';is afforded by the policy for General Liability, the City of Newport Beach, State of California Department of Transportation, the County of Orange, Williamson & Schmidt, their officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in' connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as, primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy, 2. The':policy includes the following provision: O.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 Newport Beach, State of California Department of Transportation, the County of Orange, Williamson & Schmidt, their officers and employees. 4. With respect to such insurance as is afforded by this policy, the .exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1. of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (X) Commercial ( ) Comprehensive General Liability $ 1,000,000 each occurrence $ 2,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the 'limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, .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. 7. Designated Contract: PROJECT # 265 NEWPORT BEACH, CONTRACT # 2642 (Project Title and Contract No.) This endorsement is effective 10/1/90 at 12:01 A.M. and forms a part of Policy No, TB1- 161 - 030472 -020 of LIBERTY MUTUAL INSURANCE COMPANY (Company Affording Coverage) Insured BRUTOCO ENGINEERING & CONSTRUCTION, INC.. Endorsement No. 11 i Issuing Company LIBERTY MUTUAL INSURANCE COMPANY ByC/ Autho d Representative A014010111e %ERTIFICAT is Certificate PRODUCER Liberty Mutual Insurance Company 1126 O. Foothill Blvd. Upland, Ca 91786 CODE INSURED SUB -CODE Bratoce Engineering & Construction, Inc P.O. Boa 429 Fontana, CA 92334 1RA N$ _ ISSUE DATE (MMIDDIYY) voodoo _ 12113/90 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A Liberty Mutual Insurance Company COMPANY B LETTER COMPANY `. LETTER COMPANY D LETTER 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 �o!ff automobiles (or autos) (u�,s,ed by on behalf of the named insured in connection with the DESCRIPTf0T1OFOFERA4ti6ti CAi@}r$i� k&ZIRRRU40NS /SPECIAL ITEMS Additional Inanredt Project 9 265 The City of Newport Beach Newport Blvd. (General Liability Only) City of Newport Beach P.O. Boa 1768 3300 Newport Blvd. Newport Beach, CA 92659 -1768 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER LEFT AUTHORIZED REPRESENTATIVE COMPANY E LETTER VER'AGES 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. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE ( MMIDDYY) DATE (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $2,0n0n0 X COMMERCIAL GENERAL LIABILITY TB1- 161 - 030472 -020 10/1/90 10 /1/91 PRODUCTS- COMPIOPS AGGREGATE $1,000 CLAIMS MADE X OCCUR. PERSONAL & ADVERTISING INJURY $1,000 OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $1,000 FIRE DAMAGE (Any one tire) $ 50 MEDICAL EXPENSE (Any one person) $ 5 AUTOMOBILE LIABILITY COMBINED X ANY AUTO AS1- 161 - 030472 -030 10/1/90 10 /1/91 SINGLE LIMIT $1,000 X ALL OWNED AUTOS BODILY NJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY NJURY $ X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE X TH1- 161- 030472 -040 10 /1/90 10/1/91 $5,000 5,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY WC2- 161 - 030472 -010 10/1/90 10/1/91 $ 5500 (EACH ACCIDENT) AND $ 500 (DISEASE — POLICY LIMIT) EMPLOYERS' LIABILITY $ 500 (DISEASE —EACH EMPLOYEE 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 �o!ff automobiles (or autos) (u�,s,ed by on behalf of the named insured in connection with the DESCRIPTf0T1OFOFERA4ti6ti CAi@}r$i� k&ZIRRRU40NS /SPECIAL ITEMS Additional Inanredt Project 9 265 The City of Newport Beach Newport Blvd. (General Liability Only) City of Newport Beach P.O. Boa 1768 3300 Newport Blvd. Newport Beach, CA 92659 -1768 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER LEFT AUTHORIZED REPRESENTATIVE I 1 I i i I i i� r T • r Paae 16 CERTIFICATE s QFR lNSURANCEt '. , r;,_,' ar PRODUCER COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER INSURED Brutoco Engineering & Construction, Inc. COMPANY C P.O. Box 429 Fontana, CA 92334 LETTER COVERAGES F, tx ._..... , THIS IS TO CERTIFY TWIT POLICIES OF INSURANCE LISTED gbbw VE BEEN SUED T6 M7NE INSURED NAMED ABOVE `FOR THEPOLICY'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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE CO L TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE S ( OCCURANCE BASIS ONLY) COMMERCIAL PRODUCTSICOMPLETED $ COMPREHENSIVE OPERATIONS AGGREGATE OWNERS & CONTRACTORS PROTECTIVE PERSONAL INJURY $ ❑ CONTPACTUAL FOR SPECIFIC CONTRACT ❑ PRODUCTSICOMPL OPE0. ❑ XCU HAZARDS EACH OCCURANCE S ❑ BROAD FORM PROP. DAMAGE ❑ SEVEPABIUTY OF INTEREST FIRE DDAMAGEE S CLAUSE (A ONE FIRE) ❑ PERSONAL INJURY wmi EMPLOYEE EXCLUSION MEDICAL EXPENSES S REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED $ COMPREHENSIVE SINGLE LIMIT BODILY INJURY OWNED (PER PERSON) $ �, + BODILYINJURY = �� ❑HIRED (PEH ACCIDENT) PROPERTY ❑NON -OWNED DAMAGE EXCESS LIABILITY �T,i ka'tia 'tx ai EACH AGGREGATE UMBRELLA FORM W OCCURRENCE OTHER THAN UMBRELLA FORM ry >�,. ?,.„;.. �� S $ STATUTORY WORKERS' COMPENSATION S EACH ARDENT AND S DISEASE -POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE - EACH EMPLOYEE LONGSHOREMEN'S ANDHARBOR {Y.h: WORKERS' COMPENSATION STATUTORY DESCRIPTION OF OPERATIONSl LOCATIONWE HICLES /RESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED W CONNECTION WITH THE FOLLOWING CONTRACT: Newport Boulevard Widening, Contract No. 2642 . PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE. ";HOLDER,: i I„ E I CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SIWLL PROVIDE 30 DAYS MIN. ADVANCE 33DO NEWPORT BLVD. NOTICE TO THE CITY OF NEWPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, CA, 92659 -1768 ATTENTION: AUTROPIZED AEPRESENTATTVE ISSUE DATE ' Page 17 CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, State of California Department of Transportation, the County of Orange, Williamson & Schmidt, their officers and employees are additional insureds but only with respect to liability for dam- ages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional ' insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City ' of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who t is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds ' named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits ' Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability $ ( ) Combined Single Limit ' Bodily Injury Liability and Property Damage Liability $ The limits of liability as stated in this endorsement shall not increase the ' total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. P 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: (Project Title and Contract No.) This endorsement is effective Policy No. Insured _ Producer _ at 12:01 A.M. and forms a part of of (Company Affording Coverage) Endorsement No. By Authorized Representative ' 0 � , Page 18 f CITY OF NEWPORT BEACH I, GENERAL LIABILITY INSURANCE ENDORSEMENT 1 It is agreed that: 11 With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, State of California Department of Transportation, the County of Orange, Williamson & Schmidt, their officers and employees are additional insureds, but only with respect to liability { arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of ii the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. - 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the _ indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach, State of California Department of Transportation, the County of Orange, Williamson & Schmidt, their officers and employees. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1. of this endorsement shall be the limits indicated below written on an "Occurrence" basis: Commercial ( ) Comprehensive General Liability $ each occurrence 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. 7. Designated Contract: This endorsement is effective Policy No. Insured Issuing Company of ect Title and Contract No.) at 12:01 A.M. and forms a part of (Company Affording Coverage) Endorsement No. By Authorized Representative ' Page 19 ' CONTRACT THIS AGREEMENT, entered into this � day of Qq// 19_. by 'and between the CITY OF and Construction Inc. NEWPORT BEACH, hereinafter "Cw hereinafter "Contractor,' ," and B utoco N rineerin is made i re eence to the following facts: , (a) City has heretofore advertised for bids for the following described public work: Newport Boulevard Widening Title of Project 2642 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: F, 2642 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. 2. As full compensation for the performance and completion of this work prescribed above City sLiall;pav to _ ontractor the sum of Three Million Nine '> e.mi laori::nine is�6#tf=fsr) 'i ii'sanrl :k� r'ee€° .... a11ars This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal ' waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated ' herein by reference as though set out in full and include the following: (a) ' (b) (c) (d) Notice Inviting Bids Instructions to Bidders and Payment Bond Faithful Performance Bond Certificate of Insurance and documents referenced therein Endorsement(s) L.. A 1 1 1 Page 20 (f) Plans and Special Provisions for Newport Boulevard Widening 2642 Title of Project (g) This Contract. Contract No. 4. Contractor shall assume the defense of, and indemnify and hold 'harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ' CITY OF NEWPORT BEACH 1 By ' Mayor ATTEST: 1 City C 1 1 APPROVED AS T9 FORM: City Attorn)?y 1 1 Brutoco Engineering and Construction, Inc: Name of Contractor (Principal) I Michael H. King - Pre i Authorized Signatur nd Title Authorized Signature and Title CITY ' U Dili c 1-r 1 , I � 11 CD O 1 oa I I ' � I co CD S- , co LO l I I r1M � Y I I i I V ( W 2 MI 1 UI �1 N d1 Cx111111111 o+ ro 7l c L UI m l W ' y L C1 II L' L GE C 1 C r U G jl it 1 O � C J 1 J I 1 I Lev I { N 1 1 1 1 to to • r Ibi i c o U ' N C � t:J d U L r 1 !mii LiN 3� VI ' 5- 'l u > O rai U d 1-1 L G u O y v oy O 3 ' CC'' f F c CI N V I 1 C - �S cy 1�1 38P L � Dili � 11 CD O � I CD l I I I i I Cx111111111 II 1 jl it 1 I 1 I I { N 1 1 1 1 1 r Ibi 1 !mii Illll 1 I 1 I I 01i I 1 i � C 0 L• C U L 2 c� O O C, N � 11 9 L G P J ' SECTION 1. SPECIFICATIONS AND PLANS �1 The work embraced herein shall be done in accordance with the Standard Specifications dated January, 1988, and the Standard Plans dated January, 1988, of the California Department of Transportation insofar as the same may apply and in accordance with the following special provisions. Additionally, construction of street lighting and waterlines shall be done in accordance with the Standard Specifications For Public Works Construction, 1988 Edition, and the City of Newport Beach Standard Special Provisions and tStandard Drawings for Public Works Construction, 1988 Edition. 1 -1 MODIFICATIONS TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STANDARD SPECIFICATIONS ' 1 -1.01 DEFINITIONS AND TERMS Definitions shown in the Standard Specifications are amended to read as follows: 1 -1.13 DEPARTMENT. The Public Works Department of the City of Newport Beach. ' 1 -1.15 DIRECTOR. The Public Works Director of the City of Newport Beach. ' 1 -1.18 ENGINEER. Designated representative of the Public Works Director, City of Newport Beach. ' 1 -1.39 STATE. The City of Newport Beach. 1 -1.40 STATE CONTRACT ACT. Chapter 1, Division 2 of the Public Contract Code. The provisions of this act and other applicable laws form and constitute a part of the provisions of this contract to the same extent as if set ' forth herein in full. Any reference in the specifications and other contract documents to sections of former Chapter 3 (Sections 14250 -14424 inclusive) of Part 5 of Division 3 of Title 2 of the Government Code shall be ' deemed to be a reference to the successor section of the Public Contract Code. ' 87260 87 -1 January,1990 1 -1 ' SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1.01 GENERAL ' The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and ' conditions which he must observe in the preparation of the proposal form and the submission of the bid. The form of Bidder's Bond mentioned in the last paragraph in Section 2 -1.07, "Proposal Guaranty," of the Standard Specifications will be found following the Instructions to Bidders of the proposal. ' Section 2 -1.11, "Competency of Bidders" of the Standard Specifications is deleted. Prequalification will not be required for this project. Public Contract Code Section 10232 (Chapter 466, Stats. 1982) provides as follows: ' Every contract shall contain a statement by which the Contractor swears under penalty of perjury that no more than one final, unappealable finding of contempt of court ' by a federal court has been issued against the contractor within the immediately preceding . two -year period because of the Contractor's failure to comply with an ' order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding. The state may rescind any contract in which the contractor falsely swears to the truth of the statement required by this section. ' A form for the statement required by Section 10232 is on the page preceding the signature page of the proposal. 2 -1.02 DISADVANTAGED BUSINESS This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation by Minority Business Enterprise in Department of Transportation Programs." Portions of the Regulations, including portions of Subpart D which defines Disadvantaged Business Enterprise (DBE) and includes other provisions implementing Section 105(f) of the 1982 Surface 87260 87 -1 ' January, 1990 2 -1 I Transportation Act, are set forth in Section 6. Federal Requirements for Federal -Aid Construction Projects" of these special provisions, and the Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the City's Disadvantaged Business Enterprise (DBE) programs developed pursuant to the Regulations; particular attention is directed to the following matters: 1. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; 2. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or 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. The DBE joint venturer must submit Schedule B of the Regulations. 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. The DBE directory may be obtained from the City. 7. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for such breach. [1 I I 87260 87 -1 , January, 1990 2 -2 1 1 2 -1.03 DBE GOALS FOR THIS PROJECT ' Bidders may utilize the services of these organization to contact interest DBE's. Contact with these organizations should be at least one week in advance of the bid opening date. The project should be identified by its Federal -aid project number as shown on the title sheet of the plans, and you should indicate your subcontracting and /or material supply opportunity needs. ' 2 -1.04 SCOPE OF CONTRACT In submitting this bid, the contractor warrants that the cost of any work not specifically covered by a contract pay item is included in the cost and compensation of all the contract items of work and no additional compensation shall be allowed therefor. p 87260 87 -1 ' January,1990 2 -3 The City has established the following goals for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprises (DBE) 15 percent It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those ' portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to assure meeting the goals for DBE participation. The following organizations can assist the ' bidder in securing DBE's as subcontractors and materials suppliers: ' MBDC of Southern California Chess and Associates 2651 S. Western Avenue 1833 W. 8th Street, Room 202 Los Angeles, CA 90018 Los Angeles, CA 90057 (213) 731 -2131 (213) 483 -0609 MBDC of Anaheim Technical Data Corporation 2700 N. Main Street 101 N. La Brea Avenue, Suite 707 Santa Ana, CA 92701 Inglewood, CA 90301 ' (714) 667 -8200 (213) 671 -1590 ' Bidders may utilize the services of these organization to contact interest DBE's. Contact with these organizations should be at least one week in advance of the bid opening date. The project should be identified by its Federal -aid project number as shown on the title sheet of the plans, and you should indicate your subcontracting and /or material supply opportunity needs. ' 2 -1.04 SCOPE OF CONTRACT In submitting this bid, the contractor warrants that the cost of any work not specifically covered by a contract pay item is included in the cost and compensation of all the contract items of work and no additional compensation shall be allowed therefor. p 87260 87 -1 ' January,1990 2 -3 I I 1J I LJ 0 IIl SECTION 3. SUBMISSION OF DBE INFORMATION, AWARD, AND EXECUTION OF CONTRACT 3 -1.01 GENERAL The bidder's attention is directed to these special provisions for the requirements and conditions concerning submittal of DBE information, award, and execution of contract. It is the bidder's responsibility to meet the goals for DBE participation or to provide information to establish that, prior to bidding, the bidder made good faith efforts to do so, as outlined elsewhere in these special provisions. 3 -1.02 DBE INFORMATION The apparent successful bidder (low bidder) shall submit DBE information with the proposal to the office at which bids are received. The bidders DBE information shall establish that the DBE goals will be met or that a good faith effort to meet the goals has been made. The information to show that the DBE goals will be met shall include the names of DBEs to be used with a complete description of work or supplies to be provided by each and the dollar value of each such DBE transaction. (Note: DBE subcontractors for signal and lighting items, if there are such items of work, must have been named in the bid - see section entitled "Subcontracting" of these special provisions.) The information necessary to establish the bidder's good faith efforts to meet the DBE goals 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 87260 87 -1 January, 1990 3 -1 3 -1.03 3 -1.04 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 on.) 4. The names of DBEs who submitted bids for any of the work indicated in Item 3 above were not accepted, a summary of the bidder's discussion and /or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting a DBE bid was price, give the price bid by the rejected DBE and the price bid by the selected subcontractor or supplier. Since the utilization of available DBEs is expected, only significant price differences will be considered as cause for rejecting such DBE bids. 5. Assistance that the bidder has extended to DBEs identified in Item 4 above to remedy the deficiency in their subbids. 6. The names and dates of the DBEs contacted through the uses of one or more of the organizations listed in the special provisions to provide these services. The name(s) and date(s) of the organization(s) contacted. AWARD OF CONTRACT 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. Meeting the goal for DBE participation or demonstrating, to the satisfaction of the City, good faith efforts to do so is a condition for being eligible for award of contract. The days included in Section 3 -1.01 of the Standard Specifications are changed to 45, 60 and 75 days respectively. The days included in Sections 3 -1.03 and 3 -1.04 of the Standard Specifications are changed from 8 to 15 days. SUBCONTRACTING Attention is directed to the provisions in the Section "Subcontracting" of the Standard Specifications, Section "Proposal Requirements and Conditions," Section "Submission of Minority Business Enterpirse Information, Award, and Execution of Contract" elsewhere in the Standard Specifications and these special provisions. 1 11 87260 87 -1 January, 1990 3 -2 , i,7 The DBE information furnished under the Section "DBE Information," of these special provisions is in addition to the subcontractor information required to be furnished under said Section "Subcontracting." In accordance with the Federal MBE regulations (Section 23.45(f) (2), part 23, Title CFR): ' 1. No substitution of an MBE subcontractor shall be made at any time without the written consent of the City; and 2. If an MBE subcontractor is unable to perform successfully and ' is to be replaced, the Contractor will be required to make good faith efforts to replace the original MBE subcontractor with another MBE subcontractor. LJ 1 I The "Subletting and Subcontracting Fair Practices Act" (Government Code Sections 4100 -4113, inclusive) applies to the items of signals and lighting and requires subcontractor, if used for such work, to be listed in the prime contractor's proposal; prohibits the substitution of subcontractors, except as therein authorized; and provides for penalties for violations of the Act. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of MBE subcontractors after the opening of the proposals. Each bidder shall, with respect to the items of signals and lighting, list in his proposal: 1. The name and the location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent of the prime contractor's total bid. 2. The portion of the work which will be done by each such subcontractor. Only one subcontractor shall be listed for each such portion. A sheet for listing the subcontractors, as required by the Subletting and Subcontracting Fair Practices Act, is included in the proposal. The Contractor shall not be entitled to anv oavment for such work or 87260 87 -1 ' January, 1990 r, �I 3 -3 3 -1.05 MBE RECORDS The Contractor shall maintain records of all subcontracts entered into with certified DBE subcontractors and records of materials purchased from certified DBE suppliers. Such records shall show the name and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or vendor. Upon completion of the contract, a summary of these records shall be prepared and certified correct by the Contractor or his authorized representative, and shall be furnished to the engineer within 30 days after acceptance by the City. 87260 87 -1 January, 1990 3 -4 1 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION ' AND LIQUIDATED DAMAGES ' Attention is directed to the provisions in Section 8 -1.03, "Beginning of Work," in Section 8 -1.06, "Time of Completion," and in Section 8 -1.07, "Liquidated ' Damages," of the Standard Specifications and these special provisions. The Contractor shall begin work within fifteen (15) days after receiving notice that the contract has been approved by the City and shall diligently prosecute ' the same to completion before the expiration of: 250 WORKING DAYS ' after the date of said approval. ' The Contractor shall pay to the City the sum of $500 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. n 11 1 87260 87 -1 January, 1990 4 -1 SECTION 5. GENERAL CONTRACT REQUIREMENTS 5 -1 MISCELLANEOUS 5 -1.01 PREVAILING WAGE Attention is directed to Section 7- 1.O1A(2), "Prevailing Wage," of the ' Standard Specifications. The wage rates determined by the Director of Industrial Relations and published in the Department of Transportation publication entitled General Prevailing Wage Rates refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage rate refers to a predetermined wage ' rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become ' effective on the date following the expriration date and shall apply to this contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, ' which expiration dates occur during the life of this contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this contract, such wage rate shall apply to the balance of the contract. '5-1.02 LABOR NONDISCRIMINATION ' Section 7- 1.O1A(4), "Labor Nondiscrimination," of the Standard Specifications is amended to read: Attention is directed to Section 1735 of the Labor code, ' which reads as follows: No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, ' or sex of such person, except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for a violation ' of this chapter. Attention is also directed to the following Notice that is required by Chapter 5, Title 2, California Administration Code. ' 87260 87 -1 January, 1990 5 -1 NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM , (GOVERNMENT CODE, SECTION 12990) ' Your attention is called to the "Nondiscrimination Clause," set forth herein, which is applicable to all nonexempt state contracts and , subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth herein. The Specifications are applicable to all nonexempt state construction , contracts and subcontracts of $5,000 or more. NONDISCRIMINATION CLAUSE ' 1. During the performace of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, , religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for , employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990 , et. seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and ' Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in ' full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or. ' other agreement. STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION ' SPECIFICATIONS (GOVERNMENT CODE, SECTION 12990) These specifications are applicable to all contractors and ' subcontractors having a construction contract or subcontract of $5,000 or more. 1. As used in the specifications: , a. "Administrator" means Administrator, Office of , Compliance Programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority. 87260 87 -1 ' January, 1990 5 -2 I b. "Minority" includes: (i) Black (all persons having primary origins in any of the black racial groups of Africa, but not of ' Hispanic origin); (ii) Hispanic (all persons of primary culture or origin in Mexico, Puerto Rico, Cuba, Central or South ' America or other Spanish derived culture or origin regardless of race); ' (iii) Asian /Pacific Islander (all persons having primary origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent of the Pacific Islands); and ' (iv) American Indian /Alaskan Native (all persons having primary origins in any of the original peoples of North America and who maintain ' culture identification through tribal affiliation or community recognition). ' 2. Whenever the Contractor or any subcontractor subcontracts a portion of the work, it shall physically include in each subcontract of $5,000 or more the nondiscrimination clause in ' this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California (Nondiscrimination) ' Construction Contract Specifications, either directly or through incorporation by reference. 3. The Contractor shall implement the specific nondiscrimination standards provided in paragraphs 6(a) through (e) of these specifications. ' 4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or ' women shall excuse the Contractor's obligations under these specifications, Government Code, Section 12990, or the regulations promulgated pursuant thereto. ' 5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be ' employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. ' Trainees must be trained pursuant to training programs ' 87260 87 -1 January, 1990 5 -3 approved by the U.S. Department of Labor or the California Department of Industrial Relations. 6. The Contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor must be able to demonstrate fully its efforts under Steps a through c below: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. (Reserved) C. Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the Contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed. 7. Contractors are encouraged to participate in voluntary associations which assist in fulfilling their equal employment opportunity obligations. The efforts of a Contractor association, joint contractor - union, contractor - community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's. 87260 87 -1 January, 1990 5 -4 8. The Contractor is required to provide equal employment ' opportunity for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Fair Employment and ' Housing Act (Government Code, Section 12990 et seq.) if a particular group is employed in a substantially disparate manner. ' 9. Establishment and implementation of a bona fide affirmative action plan pursuant to Section 8104 (b) of this chapter shall create a rebuttal presumption that a Contractor is in ' compliance with the requirements of Section 12990 of the Government Code and its implementing regulations. ' 10. The Contractor shall not use the nondiscrimination standards to discriminate against any persons because of race, color, religion, sex, national origin, ancestry, physical handicap, medical condition, marital status or age over 40. 11. The Contractor shall designate a responsible official to monitor all employment - related activity to ensure that the company's Equal Employment Opportunity policy is being carried out, to ' submit reports relating to the provisions thereof as may be required by OCP, and to keep records. Records shall at least ' include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or ' laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree ' that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. ' NOTE: Authority cited: Sections 12935(a) and 12990(d), Government Code Reference: Section 12990, Government Code. 87260 87 -1 7anuarv, 1990 5-5 I b. Excavations less than one foot deep. ' C. Trenches less than one foot wide for irrigation pipe or electrical conduit or excavations less than one foot in diameter. d. Excavations parallel to the lane for the ' purpose of pavement widening or recon- struction. e. Excavations in side slopes, where the slope is ' steeper than 4:1. 87260 87 -1 January, 1990 5 -6 , 5 -1.03 PUBLIC SAFETY (See also Section of these special provisions) Public Safety shall conform to the provisions in Section 7 -1.09, , "Public Safety," of the Standard Specifications and these special provisions: Whenever the Contractor's operations create a condition ' hazardous to traffic or to the public, he shall, at his expense and without cost to the City, furnish, erect and maintain such fences, temporary railing (Type K), , barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. Such fences, ' temporary railing (Type K), barricades, lights, signs, and other devices furnished, erected and maintained by the Contractor, at his expense, are in addition to any construction area traffic control devices for which , payment is provided for elsewhere in these special provisions. ' In addition to any other measures taken by the Contractor pursuant to the provisions of said Section 7 -1.09, the Contractor shall install temporary railing (Type K) ' between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist. ' 1. Excavations. Any excavation which is 12 feet or less from the edge of the lane, except: ' a. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the ' public. b. Excavations less than one foot deep. ' C. Trenches less than one foot wide for irrigation pipe or electrical conduit or excavations less than one foot in diameter. d. Excavations parallel to the lane for the ' purpose of pavement widening or recon- struction. e. Excavations in side slopes, where the slope is ' steeper than 4:1. 87260 87 -1 January, 1990 5 -6 I ' f. Excavations protected by existing barrier or ' railing. 2. Temporarily Unprotected Permanent Obstacles. Whenever the work includes the installation of a ' fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the ' obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. ' 3. Storage Areas. Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications. ' The Contractor shall also furnish such flagmen as are necessary to give adequate warning to traffic or to the ' public of any dangerous conditions to be encountered and payment therefor shall be included in the cost of traffic control lump sum price and no additional compensation shall be allowed. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth ' in the current "MANUAL OF TRAFFIC CONTROLS - for Construction and Maintenance in Work Zones," published by the Department of Transportation. Any signs or other ' protective devices furnished and erected by the Contractor at his expense, as above provided, shall not obscure the visibility of, nor conflict in intent, meaning ' and function of either existing signs, lights and traffic control devices or any construction area signs and traffic control devices for which furnishing of, or payment for, is provided elsewhere in the specifications. Signs furnished and erected by the Contractor at his expense shall be approved by the Engineer as to size, wording and location. ' Construction equipment shall enter and leave the highway via existing intersections, roadways, and crossovers and shall move in the direction of public traffic. All movements of workmen and construction equipment on or ' across lanes open to public traffic shall be performed in a manner that will not endanger public traffic. 11 ' 87260 87 -1 January, 1990 5 -7 11 Except for installing, maintaining and removing traffic , control devices, whenever work is performed or ' equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the specifications: Over 45 Within 6 feet of a traffic lane but not on , a traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on ' a traffic lane. When traffic cones or delineators are used to delineate a ' temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane; however, the Contractor shall not reduce the width ' of an existing lane to less than 10 feet witout written approval from the Engineer. The lane closure provisions of this section shall not apply if the work area is , protected by permanent or temporary railing or barrier. When work is not in progress on a trench or other , excavation that required a lane closure, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled ' way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. 5 -1.04 RESPONSIBILITY FOR DAMAGE ' The fifth paragraph in Section 7 -1.12, "Responsibility for Damage," of the Standard Specifications is amended to read: ' It is the intent of the parties that the Contractor will indemnify and hold harmless the State and City, its officers and employees from any and all claims, suits or ' actions as set forth above, regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the City, its officers and employees. 5 -1.05 REQUIRED SUBCONTRACT AND MATERIAL SUPPLY ' CONTRACT PROVISIONS Attention is directed to the following section of these special ' provisions entitled "Arbitration." 87260 87 -1 ' January, 1990 5 -8 I t All contracts valued at more than $15,000 between the general contractor and its subcontractors and suppliers shall include a t provision that the subcontractors and suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the ' City by all terms and provisions of this contract, including the arbitration provision. 5 -1.06 ARBITRATION ' Article 7.1 (Sections 10240- 10240.13, inclusive) of Chapter 1, Division 2 of the Public Contract Code (Chapter 466, Statutes of ' 1982) provides for the resolution of contract claims by arbitration. Claims (demands for monetary compensation or damages) arising under or related to performance of the contract shall be resolved by ' arbitration unless the City and the Contractor agree in writing, after the claim has arisen, to waive arbitration and to writing, after the claim has arisen, to waive arbitration and to have the claim litigated ' in a court of competent jurisdiction. Arbitration shall be pursuant to Public Contract Code Sections 10240- 10240.13, inclusive, and applicable regulations (See Subchapter 3 - Sections 301 -382 inclusive of Chapter 2 of Title 1 of the California Administrative Code). The ' arbitration decision shall be decided under and in accordance with the law of this State, supported by substantial evidence and, in writing, contain the basis for the decision, findings of fact, and conclusions of law. Arbitration shall be initiated by Demand for Arbitration made in compliance with the requirements of said regulations. A Demand for Arbitration by the Contractor shall be made not later than 180 days after the date of service in person or by mail on the Contractor of ' the final written decision by the City on the claim. 5 -1.07 TERMINATION OF CONTROL ' Attention is directed to Section 8 -1.08, "Termination of Control," of the Standard Specifications. If the Contractor's control of the work is terminated or he abandons the work and the contract work is completed in conformance with the provisions of Section 10255 of the State Contract Act, any dispute concerning the amount to be paid by the City to the Contractor of his surety or to be paid to the State by ' the Contractor or his surety, under the provisions of Section 10258 of said Act, shall be subject to arbitration in accordance with the section of these special provisions entitled "Arbitration." The surety shall be bound by the arbitration award and is entitled to participate in such arbitration proceedings. ' 87260 87 -1 January, 1990 5 -9 1 5 -1.08 PAYMENT OF WITHHELD FUNDS The second paragraph of Section 9- 1.065, "Payment of Withheld ' Funds," of the Standard Specifications is amended to read: Upon the Contractor's request, the City will make ' payment of funds withheld from progress payments pursuant to the requirements of Public Contract Code ' Section 10261 if the Contractor deposits in escrow with the State Treasurer or with a bank acceptable to the City, securities eligible for the investment of State funds under Government Code Section 16430 or bank or savings and ' loan certificates of deposit, upon the following conditions: 1. The Contractor shall bear the expense of the City ' and the escrow agent, either the State Treasurer or the bank, in connection with the escrow deposit made. ' 2. Securities and certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor , pursuant to this section. 3. The Contractor shall enter into an escrow agree- ' ment satisfactory to the City, which agreement shall include provisions governing inter alia: a. The amount of securities to be deposited ' b. The providing of powers of attorney or other documents necessary for the transfer of the ' securities to be deposited C. Conversion to cash to provide funds to meet ' defaults by the Contractor including, but not limited to, termination of the Contractor's control over the work, stop notices filed pursuant to law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the contract d. Decrease in value of securities on deposit e. The termination of the escrow upon comple- tion of the contract 4. The Contractor shall obtain the written consent of ' the surety to such agreement. 87260 87 -1 ' January, 1990 5 -10 I I Ll ' Piling Precast prestressed girders 5 -1.09 PAYMENTS ' Attention is directed to Section 9 -1.06, "Partial Payments," and 9- ' 1.07, "Payment After Acceptance," of the Standard Specifications ' and these special provisions. For the purpose of making partial payments pursuant to Section 9 -1.06, "Partial Payments," of the Standard Specifications, the ' amount set for the contract items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work '5-1.10 which will be recognized for progress payment purposes. ' Attention is directed to the provisions in Section 8 -1.01, Mobilization & Field Office $ 100,000 Clearing and Grubbing $ 60,000 ' Bridge Removal (Portion) $ 50,000 ' After acceptance of the contract pursuant to Section 7 -1.17, ' "Acceptance of Contract," of the Standard Speecifications, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes hereinabove listed for said item, will be included for payment in the first estimate made ' after acceptance of the contract. In determining the partial payments to be made to the Contractor, only the following listed materials will be considered for inclusion in said payment as materials furnished but not incorporated in the work: ' Piling Precast prestressed girders Type B joint seal Bar Reinforcing Steel ' Epoxy - coated bar reinforcing steel Miscellaneous metal Railings Signals * Lighting Standards ' Luminaires Internally illuminated street name signs '5-1.10 SUBCONTRACTING Attention is directed to the provisions in Section 8 -1.01, "subcontracting," of the Standard Specifications, Section 2, "Proposal Requirements and Conditions," Section 3, "Submission of DBE Information, Award, and Execution of Contract elsewhere in these ' special provisions and these special provisions. LI ' 87260 87 -1 January, 1990 5 -11 I I Each subcontract and any lower tier subcontract that may in turn be ' made shall include the "Required Contract Provisions Federal -Aid , Construction Contracts" in Section 6 of these special provisions. This requirement shall be enforced as follows: Noncompliance shall be corrected. Payment for subcontracted t work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. , The DBE information furnished under Section 3- 1.O1A, "DBE Information," of these special provisions is in addition to the subcontractor information required to be furnished under said Section ' 8 -1.01, "Subcontracting," and Section 2 -1.04, "Required Listing of Proposed Subcontractors," of these special provisions. In accordance with the Federal MBE regulations Section 23- 45(f)(2) Part 23, Title 49 CFR; 1. No substitution of a DBE subcontractor shall a made at any ' time without the written consent of the Department, and 2. If a DBE subcontractor is unable to perform successfully and is , to be replaced, the contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor. ' The requirement in Section 2 -1.02, "Disadvantaged Business," of these special provisions that DBEs must be certified on the date bids are opened does not apply to DBE substitutions after award of the ' contract. 5 -1.11 DBE RECORDS , The Contractor shall maintain records of all subcontracts entered into with certified DBE subcontractors and records of materials purchased from certified DBE suppliers. Such records shall show the name and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or vendor. Upon completeion of the contract, a summary of these records shall be prepared and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. 1 87260 87 -1 ' January, 1990 5 -12 I ' 5-1.13 HIGHWAY CONSTRUCTION EQUIPMENT Attention is directed to Sections 7- 1.01D, "Vehicle Code," and ' 7 -1.02, "Weight Limitations," of the Standard Specifications and these special provisions. ' Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in ' Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The ' Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. '5-1.14 PROJECT APPEARANCE The Contractor shall maintain a neat appearance to the work. When L practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of ' weekly. 87260 87 -1 January, 1990 5 -13 5-1.12 SOUND CONTROL REQUIREMENTS ' 5 Sound control shall conform to the provisions of Section 7- 1.O1I, "Sound Control Requirements," of the Standard Specifications and ' t these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 7:00 a.m., shall not exceed 86 dbA at a distance of ' o 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. ' l Said noise level requirement shall apply to all equipment on the job or related to the job, including, but not limited to, trucks, transit mixers ' o or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this ' e erection shall be considered as included in the prices paid for the various contract items of work involved and no additional compensa- tion will be allowed. 5-1.13 HIGHWAY CONSTRUCTION EQUIPMENT Attention is directed to Sections 7- 1.01D, "Vehicle Code," and ' 7 -1.02, "Weight Limitations," of the Standard Specifications and these special provisions. ' Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in ' Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The ' Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. '5-1.14 PROJECT APPEARANCE The Contractor shall maintain a neat appearance to the work. When L practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of ' weekly. 87260 87 -1 January, 1990 5 -13 I The Contractor shall furnish trash bins for all debris from structure ' construction. All debris shall be placed in trash bins daily. Forms or ' falsework that are to be re -used shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be re -used shall be disposed of concurrently with their removal. Full compensation for conforming to the provisions in this section, ' not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional ' compensation will be allowed therefor. 5 -1.15 ADDENDA ' The Engineer may issue addenda to the contract documents during the period of advertising for bids, for the purpose of: (a) revising ' prevailing wage scales or (b) clarifying or correcting Special Provisions, Plans or Bid Proposal. Purchasers of contract documents will be notified and furnished copies of such addenda, either by certified mail or personal delivery during the period of advertising. 5 -1.16 DELETED ' 5 -1.17 PROGRESS SCHEDULE ' In accordance with Section 8 -1.04 of the Standard Specifications, the Contractor shall submit a written proposed progress schedule to the Engineer prior to the start of any work with the following exception: ' Contractor shall be responsible for furnishing form and update of schedule. 5 -1.18 PRECONSTRUCTION CONFERENCE ' The Contractor and all its subcontractors shall meet with t representatives of the City before start of construction. Discussion will include Equal Employment Opportunity Requirements, State and Federal Safety Requirements, and Labor Compliance Requirements. The Contractor will be notified regarding the exact time and place of , the conference. 5 -1.19 LEGAL RELATIONS AND RESPONSIBILITY Legal relations and responsibility shall conform to the Standard Specifications provisions in Section 7 -1.12, "Responsibility for ' Damage," Section 7 -1.15, "Relief from Maintenance and Responsibility," and these special provisions: 87260 87 -1 , 7anuarv. 1990 5 -14 I ' Paragraph 9A.(1) First sentence shall read: Contractual Liability Insurance assumed by the Contractor under agreement with the City of Newport Beach. Paragraph 9A.(2) Last sentence shall read: A copy of the endorsement forms is included in the Special Provisions. No other endorsement forms will be acceptable to the City. ' Paragraph 9B. The last sentence is deleted. The cost of complying with these provisions shall be ' absorbed in the Contractors bid. Action by the City to take over and utilize any part of the project and relieve the Contractor of maintenance and ' responsibility shall become effective only upon issuance of a written notice, signed by the Engineer, setting forth a description of the completed improvements to be taken ' over, the effective date, location and limits thereof. An additional Insured Endorsement to the Contractor's ' Liability Insurance policy for The State of California Department of Transportation, its officers and employees, The City of Newport Beach and its officers and employees, Williamson and Schmid as additional insured in the form approved by The City of Newport Beach and The State of California Department of Transportation shall also be furnished. Section 7 -1.12 of the Standard Specifications shall be amended to increase the minimum limits of Contractual ' Liability Insurance to $2,000,000 combined single limit. All policies required by the contract documents shall have ' a cancellation clause providing that thirty (30) days' written notice shall be given the said Owner prior to such cancellation or change in coverage. '5-1.20 BUSINESS LICENSES AND PERMITS The Contractor's attention is directed to Subsection 7 -1.04 of the Standard Specifications and the Supplemental Standard Provisions regarding business license, permit and construction water. The Contractor shall obtain the following permits: Caltrans Encroachment Permit - Upon execution of contract documents and prior to start of any construction the contractor shall obtain an encroachment permit from Caltrans, and paid 87260 87 -1 January,1990 5 -15 the required fees in the amount of $15,000 . Compensation for the fees paid shall be included in the cost other items of work and no additional compensation shall be allowed therefor. Permit 1UndergrOund Tank Removal) - Attention is directed to Appendix "D" included in these contract documents. The contractor shall submit an application and obtain any necessary permits from The County of Orange Health Care Agency Public Health Services for the removal of underground storage tanks. Newport Beach Fire Department Permit - Attention is directed to Appendix "E" included in these contract documents. The contractor shall submit an application and obtain a permit from the Newport Beach Fire Department for the removal of the underground tanks. Water Oualitv Control Board Permit - -tne contractor will be required to obtain and comb with the requirements of the CRWQCB i dewatering /wastewater discharge from construction projects. City obtained permits: California Coastal Commission — The City has obtained a permit from the California Coastal Commission for this project. The Contractor shall be required to make himself aware of and shall comply with the conditions of this permit. See Appendix A. United States Coast Guard - The City has obtained a permit from the U.S. Coast Guard for this project. The Contractor shall be required to make himself aware of and shall comply with the conditions of this permit. See Appendix B. Caltrans Encroachment Permit - The City has obtained an encroachment permit from Caltrans for this project. The contractor shall be required to make himself aware of and shall comply with the conditions of this permit. This permit obtained by the City does not relieve the contractor of the responsibility of obtaining an encroachment permit from Caltrans. See Appendix F. 8726087-1 January,1990 5 -16 ' SECTION 6. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS ' 6 -1.01 GENERAL ' The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts," Form FHWA 1273, are included in this Section 6. Whenever in said required contract provisions references are made to "SHA ", such references shall be construed to mean "Engineer" as defined in Section 1 -1.18 of the Standard Specifications. ' 6 -1.02 PERFORMANCE OF PREVIOUS CONTRACT In addition to the provisions in Section II, "Nondiscrimination," and ' Section VII, "Subletting or Assigning the COntract," of the required contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accomplanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. ' contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Adminstrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that ' such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non - collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn ' statement, as permitted by 28, USC, Section 1746, is included in this proposal. 87260 87 -1 ' January, 1990 6 -1 6 -1.03 NON - COLLUSION PROVISION The provisions in this section are applicable to all contracts 'except ' contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Adminstrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that ' such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non - collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn ' statement, as permitted by 28, USC, Section 1746, is included in this proposal. 87260 87 -1 ' January, 1990 6 -1 6 -1.04 PARTICIPATION BY MINORITY BUSINESS ENTERPRISE IN SUBCONTRACTING Part 23, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B - Information for Determining Joint Venture Eligibility (This form need not be filled in if all joint venture firms are minority owned.) 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The MBE partner must complete Schedule A.) a) Describe the role of the MBE firm in the joint venture. b) Describe very briefly the experience and business qualifications of each non -MBE joint venturer: On this day of 19_, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires (Seal) 87260 87 -1 January, 1990 6 -2 I 6-1.05 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS ' (Exclusive Appalachian Contracts) of I General SP -4 ' II Nondiscrimination SP -4 III Nonsegregated Facilities SP -6 IV Payment of Predetermined Minimum Wage SP -7 ' V Statements and Payrolls SP -11 VI Record of Materials, Supplies, and Labor SP -12 VII Subletting or Assigning the Contract SP -13 VIII Safety: Accident Prevention SP -13 IX False Statements Concerning Highway Projects SP -14 X Implementation of Clean Air Act and Federal Water Pollution Control Act SP -15 I. GENERAL ' 1. These contract provisions shall apply to all work performed on the contracT by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. ' 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the ' stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be ' incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these ' Required Contract Provisions. 3. A breach of any of the stipulations contained in these ' Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: ' Section I, paragraph 2; ' 87260 87 -1 January, 1990 6 -3 I a. Neither the contractor nor any person or firm who ' has an interest in the contractor's firm is ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis Bacon Act or 29 CFR 5.12 , (a)(1). b. No part of this contract shall be subcontracted to ' any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). C. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. loot. ' II. NONDISCRIMINATION (applicable to Federal-aid construction contracts and related 1 subcontracts and purchase orders exceeding $10,000.) 1. Selection of Labor: During the performance of this ' contract, the contractor shall not: a. discriminate against labor from any other State, ' possession, or territory of the United States, or b. employ convict labor for any purpose within the , limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. 87260 87 -1 , January, 1990 6 -4 1 Section IV, paragraphs 1, 2, 3, 4 and 7; Section V, paragraphs 1 and 2A through 2g. , 5. Disputes out of the labor standards provisions of Section IV (except paragraph 5) and Section V (except paragraph 3) of these Required Contract Provisions shall not be , subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set ' forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's ' employees or their representatives. 6. Certification of Eligibility: By entering into this ' contract, the contractor cerifies as follows: a. Neither the contractor nor any person or firm who ' has an interest in the contractor's firm is ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis Bacon Act or 29 CFR 5.12 , (a)(1). b. No part of this contract shall be subcontracted to ' any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). C. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. loot. ' II. NONDISCRIMINATION (applicable to Federal-aid construction contracts and related 1 subcontracts and purchase orders exceeding $10,000.) 1. Selection of Labor: During the performance of this ' contract, the contractor shall not: a. discriminate against labor from any other State, ' possession, or territory of the United States, or b. employ convict labor for any purpose within the , limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. 87260 87 -1 , January, 1990 6 -4 1 2. Employment Practices: ta. The Equal Employment Opportunity Affirmative Action Notice set forth in 41 CFR 60 -4.2 and the Equal Employment Opportunity Construction Contract Specifications set forth in 41 CFR 60 -4.3 are incorporated by reference in this contract. b. Regulation 41 CFR 60 -4.2 requires goals and '• timetables for minority and female participation expressed in percentage terms for the contractor's ' aggregate work force in each trade on all construction work in the covered area. The goals for this contract are stated elsewhere in the bidding documents and in the construction contract. c. Regulation 41 CFR 60 -4.3 provides specific affirmative action standards the contractor shall implement to ensure equal employment opportunity in achieving the minority and female participation goals set forth in paragraph 2b of this Section. ' 3. Equal Opportunity Clauses: During the performance of this contract, the contractor agrees as follows: ' a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The ' contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The contractor agrees to ' post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State highway agency (SHA) setting ' forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or ' advertisements for employees placed or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. ' 87260 87 -1 January, 1990 6 -5 C. The contractor will send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a notice to be provided by the SHA advising the said labor union or workers' representative of the contractor's commitments under this Section II, paragraph 3. d. The contractor will comply with all provisions of Executive Order 11246, Equal Employment opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) anf the Secretary of Labor for purposes of Investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of the contractor's noncompliance with the nondiscrimination clauses of this Section II, paragraph 3, or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part. The contractor may be declared ineligible for further Government contracts or federally- assisted construction contracts in accordance with procedures authorized in Executive Order 11246 and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of this Section II, paragraph 3, in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The contractor will take such action with respect to any subcontract or purchase order as the SHA or the FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a 87260 87 -1 January, 1990 6 -6 7 subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the contractor may request ' the United States to enter into such litigation to protect the interests of the United States. ' 4. Selection of Subcontractors, Procurement of Materials, and Leasing of Equipment: a. The contractor shall not discriminate on the grounds ' of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. In all solicitations made by the contractor each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract relative to nondiscrimination on ' the grounds of race, color, sex or national origin. b. In the event of the contractor's noncompliance with ' the nondiscrimination provisions of the Section II, paragraph 4, this contract may be subject to sanctions including but not limited to the withholding of payments to the contractor under the contract until the contractor complies and /or cancellation, termination, or suspension of the ' contract in whole or in part. C. The contractor shall include the provisions of this paragraph 4 in every subcontract, including ' procurement of materials and leases of equipment. The contractor shall take such action with respect to any subcontractor or procurement as the SHA or the SMWA may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interests of the State. In addition, the ' contractor may request the United States to enter into such litigation to protect the interests of the United States. ' 5. General Participation Requirements: a. Policy: It is the policy of the DOT that disadvantaged business enterprises (DBE's), as ' 87260 87 -1 January, 1990 6 -7 defined in 49 CFR Part 23, shall hve equal opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the requirements of 49 CFR Part 23 apply to this contract. b. Obligation: The contractor agrees to take all necessary steps to ensure that eligible businesses, as defined in 49 CFR Part 23, have equal opportunity to compete for and perform subcontracts financed in whole or in part with Federal funds provided under this contract. C. The contractor's failure to carry out the requirements of paragraph 5a and 5b of this Section II shall constitute a breach of contract and may result in termination of the contract or other appropriate action. d. The contractor shall provide all information and reports required by 49 CFR Part 23 or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the SHA or the FHWA to be pertinent to ascertain compliance with the regulations for directives. III NONSEGREGATED FACILITIES (Applicable to Federal -aid construction contracts and related subcontracts exceeding $10,000.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex. 87260 87 -1 January, 1990 6 -8 17 [1 C� 1 1 11 b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. C. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontractors or consummation of material supply agreements exceeding $10,000 and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE ' 87260 87 -1 January, 1990 (Applicable to Federal -aid construction contracts and related subcontracts exceeding $2,000) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deductin or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321 or form FHWA -1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible =i place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonable anticipated for bona fide fringe benefits under Section 1 (b) (2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. C. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incrporated by reference in this contract. 2. Classification: a. The 51-IA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits therefor only when the following criteria have been met: 1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination. 87260 87 -1 January, 1990 6 -10 U ' amount designated for fringe benefits where appropriate), a report of the action taken shall Se sent by the contracting officer to the U.S. Department of Labor, Administrator of the Wage and (jour Division, Employment Standards Administration, Washington, D.G. 20210. The 1Vage and (jour Administrator, or an authorized ' representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or ,vill notify the contracting officer within the 30 -day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to lb c, ' 2) the additional classification is utilized in the area by the construction industry; and 3) the proposed wage rate, including any bona fide benefits, bears a reasonable relationship ' to the wage rates contained in the wage ' determination. C. If the contractor or subcontractors, as appropriate, ' the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the ' amount designated for fringe benefits where appropriate), a report of the action taken shall Se sent by the contracting officer to the U.S. Department of Labor, Administrator of the Wage and (jour Division, Employment Standards Administration, Washington, D.G. 20210. The 1Vage and (jour Administrator, or an authorized ' representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or ,vill notify the contracting officer within the 30 -day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to lb c, ' employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, ' where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the ' contracting officer, to the Wage and flour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. ' e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or ' 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. ' 87260 87 -1 January, 1990 6 -11 ' I F 3. Payment of Fringe Benefits: ' a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics ' includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona ' fide fringe benefit or an hourly cash equivalent thereof. ' b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he /she may consider as part of the wages of any laborer or mechanic the amount of any costs , reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable , standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the , meeting of obligations under the plan or program. 4. Apprecentices and Trainees (Programs of the U.S. Department of Labor): , a. :Apprecentices: 1) Apprecentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a , bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, ' Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his /her first 90 days of probationary ' employment as an apprentice in such an apprenticeship program,. who is not individually registered in the program, but who has been certified by the Bureau of , Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an , apprentice. 87260 87 -1 ' January, 1990 6 -12 1 7 ' 2) The allowable ratio of apprentices to journeyman level employees on the job site in ' any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at ' an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate ' listed in the wage determiniation for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on "' e wage determination for the applicable classification. If the Adminstrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval ' of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable work performed by regular ' 87260 87 -1 ' January, 1990 6 -13 'L J under the registered program shall be paid not ' less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a ' project in a locality other than that in which its program is registered, the ratios and wage ' rates (expressed in percentages of the journeyman-level hourly rate) speficied in the contractor's or subcontractor's registered program shall be observed. ' 3) Every apprentice must be paid at not less than the rate specified in the registered program ' for the apprentice's level of progress, expressed as a percentage of the journeyman - level wage determination. Apprentices shall be paid fringe benefits in accordance with tie provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on "' e wage determination for the applicable classification. If the Adminstrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval ' of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable work performed by regular ' 87260 87 -1 ' January, 1990 6 -13 'L J employees until an acceptable program is approved. b. Trainees: 1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant prior to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. 2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Adminstration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the wort: actually performed. 3) Every trainee must be paid at not less than the rate specified in the approved program for his /her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case 87260 87 -1 January, 1990 6 -14 ' The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or ' subcontractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted ' contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered ' 57260 87 -1 ' January, 1990 6 -15 IJ The utilization of apprentices, trainees, and journeyman - 1 level employees shall be in conformity with the equal employment opportunity requirements of Executive Order such trainees shall receive the same fringe benefits as apprentices. ' 4) In the event the Employment and Training Administration withdraws approval of a ' training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable ' predetermined rate for the work performed until an acceptable program is approved. C. Equal Employment Opportunity: ' The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or ' subcontractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted ' contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered ' 57260 87 -1 ' January, 1990 6 -15 IJ The utilization of apprentices, trainees, and journeyman - ' level employees shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, 23 CFR 230A, and 29 CFR Part 30. S) Apprentices and Trainees (Program of the U.S. Department of Transportation): ' Apprentices and trainees working under apprenticeships and skill training programs which have been certified by the Secretary of ' Transportation as promoting equal opportunity in connnection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. ' The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to ' journeymen shall not be greater than permitted by the terms of the particular ' program. 6) Withholding: ' The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or ' subcontractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted ' contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered ' 57260 87 -1 ' January, 1990 6 -15 IJ necessary to pay laborers and mechanics, ' including apprentices, trainees, and helpers, ' employed by the contractor or any subcontractor. In the event of failure to pay , any laborer or mechanic, including any ' apprentice, trainee, or helper, employed or working on the site of the work, all or part of ' the wages required by the contract, the SHA , contracting officer may, after written notice ' to the contractor, take such action as may be necessary to cause the suspension of any ' further payment advance, or guarantee of , funds until such violations have ceased. 7) Overtime Requirement: ' No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, , mechanics, watchmen, or guards (including ' apprentices and trainees described in paragraphs 4 and 5 above) shall require or ' permit any laborer, mechanic, watchman, or , guard in any workweek in which he /she is employed on such work in excess of 40 hours in such workweek unless such laborer, mechanic, ' watchman, or guard received compensation at t a rate not less than one- and -one -half time his /her basic rate of pay for all hours worked ' in excess of 40 hours in such workweek. ' 8) Violation: Liability for Unpaid Wages: Liquidated ' Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor shall be liable to the United States (in the case of work ' done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages shall be ' computed with watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was ' required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by ' the clause set forth in paragraph 7. 87260 87 -1 ' January, 1990 6 -16 L U 1 V 87260 87 -1 January, 1990 9) Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, of any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. STATEMENTS AND PAYROLLS (.Applicable to Federal -aid construction contracts and related subcontracts exceeding $2,000.) Compliance with Copeland Regulations (29 CFR Part 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1 (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions 6 -17 [] 1 made and actual wages paid. Whenever the ' Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a , plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is 1 enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or ' mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors or subcontractors ernploying apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the , registration of apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 1 C. Each contractor and subcontractor shall furnish each week in which any contract work is perforned to the SHA resident engineer a payroll of wages paid ' each of its employees (including apprentices and trainees described in Section IV, paragraphs 4 and 5 and watchmen and guards engaged on work during the preceding weekly payroll period). The payrolls , submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. T'iis information may be submitted in any form desired. ' Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 -005- 0014 -1), ' U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. ' d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the 1 contractor or subcontractor or his /her agent who pays or supervises the payment of the persons employed under the contract and shall certify the 1 following: 87260 87 -1 ' January, 1990 6 -13 1 J 1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; ' 2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on ' the contract during the pryroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly t or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; ' 3) that each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. ' e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WI-1 -347 shall satisfy the requirement t for submission of the "Statement of Compliance" required by paragraph 24 of this Section V. f. The falsification of any of the above certifications ' may subject the contractor to civil or cri-ninal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. ' g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription ' by authorized representatives of the SH a, the FHNA, or the DOL, and shall permit such representatives to interview employees during ' working hours on the job. if the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, DOL, or all may, after written notice to the contractor, ' sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records ' upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 87260 87 -1 January, 1990 6 -19 1 I 3. Final Certificate: ' Upon completion of the contract, the contractor shall submit to the SHA contracting officer, for transmission to t the FHWA with the voucher for final payment for any work performed under the contract, a certificate concerning wages and classifications for laborers, mechanics, watchmen, and guards employed on the , project, in the following form: The undersigned contractor on t Project No. list of specific hereby certifies that all laborers, mechanics, apprentices, and supplies trainees, watchmen, and guards directly employed or in Form employed by any subcontractor performing work under the , contract provisions, and that the work performed by each and Labor such laborer, mechanic, apprentice, or trainee, watchman, Contractor of and guard conformed to the classifications set forth in the Construction contract or training program provisions applicable to the , wage rate paid. of work ' Signature and title V1. RECORD OF MATERIALS, SUPPLIES, AND LABOR ' 1. On all Federal -aid primary, urban, and interstate Systern contracts, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force acco mt or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CF R ' Part 635) the cotnractor shall: a. Become familiar with the list of specific materials and supplies contained in Form SH1V.A -47, "Statement of Materials and Labor Used by Contractor of Highway Construction involving Federal Funds," prior to the commencement of work ' under this contract. b. Maintain a record of the total cost of all materials , and supplies purchased for and incorporated in the work, and also of the quantities of those specific 87260 87 -1 January, 1990 6 -20 I I ' materials and supplies listed on Form FIIWA -47, and in the units shown on Form FHW.A -47. 'C. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHW.A -47 together with the data required in paragraph lb relative to ' materials and supplies, a final labor summary of all contract work indicating the toal hours worked and the total amount earned. ' 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items ' may bt� performed by subcontract and the amount of any such specialty items so performed may be deducted from the total original contract price before computing the amount of work required to be performed by the ' contractor's own organization (23 CF Z Part 635). ' a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment ' of a subcontractor, assignee, or agent of the prime contractor. ' b. " Specialy Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarilly available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. ' 2. The contract amount upon which the requirement set forth in paragraph 1 of this Section VII is computed ' includes the cost of materials and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 87260 87 -1 ' January, 1990 6 -21 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision management, and engineering services) as the SHA contracting officer determines is necessry to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting offices may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract entered into pursuant to this contract, that the contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the contract to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his /her health or safety, as determined under construction safety and health standards (Title 29, Code of Federal Regulations, Part 1926 (formerly Part 1518) as may be revised) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work (lours and Safety Standards Act (83 Stat. 96). 87260 87 -1 January, 1990 6 -22 1 1 U 1 1 1 11 1 I I I I 1 I J I IX. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representatives made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR part 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID h1IG9WAY PROJECTS Title 18, United States Code, Section 1020, reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State of Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction of any highway or related project submitted for approval to the Secretary of transportation; or "Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or "Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -.Aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; "Shall be fined not more than $10,000 or imprisoned not more than 5 years, or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 87260 87 -1 January, 1990 6 -23 (Applicable Federal -aid construction contracts and related subcontracts exceeding $100,000.) By submission of this bid, or the execution of this contract or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91 -604), and under the Federal Water Pollution Act, as amended (33 U.S.C. 1251, et seq., as amended by Pub. L. 92 -500), Executive Order 11738, and regulations in implementation thereof (40 CFR Part 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean fir Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SI'lA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is Linde: consideration to be listed on the EPA List of Violating Facilities. 4. That the firin agrees to include or cause to be included the requirements of paragraphs 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. 87260 87 -1 January, 1990 6 -24 6 -1.06 FEDERAL -AID FEMALE AND MINORITY GOALS In accordance with Section 11, "Nondiscrimination," paragraph 2b, of "Required Contract Provisions Federal -aid Construction Contracts" the following are the goals for female utilization: Goals for women (applies nationwide) (percent) The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA Goal (Percent) 174 Redding, CA: Non -SMSA Counties 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 175 Eureka, CA: Non -SNASA Counties 6.6 CA Del Norte; CA I lumboldt; CA Trinity. 176 San Francisco - Oakland -San Jose, CA: SMSA Counties: 7120 Salinas- Seaside - Monterey, CA 28.9 CA Monterey. 7360 San Francisco - Oakland, CA 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San Jose, CA 19.6 CA Santa Clara. 7485 Santa Cruz, CA 14.9 CA Santa Cruz. 7500 Santa Rosa, CA 9.1 CA Sonoma 87260 87 -1 January, 1990 6 -25 S720 Vallejo- Fairfield -Napa, CA 17.1 CA Napa; CA Solano Non -SMSA Counties 23.2 CA Lake; CA Mendocino; CA San Benito. 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA 16.1 CA Placer; CA Sacramento; CA Yolo. Non -SMSA Counties 14.3 CA Butte; ca Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba. 178 Stockton - Modesto, CA: SD,1SA Counties: 5170 ! Iodesto, CA 12.3 CA Stanislaus. 8120 Stockton, CA 24.3 CA San Joaquin. Non -SMSA Counties 19.S CA Alpine; CA Amador; CA Calaveras; CA pAariposa; CA Merced; CA Tuolumne. 179 Fresno - Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA 19.1 CA Kern. 2840 Fresno, CA 26.1 CA Fresno Non -SIHSA Counties 23.6 CA Kings; CA Madera; CA Tulare. 87260 87 -1 January, 1990 6 -26 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim -Santa Ana - Garden Grove, CA 11.9 CA Orange. 4480 Los Angeles -Long Beach, CA 28.3 CA Los Angeles. 6000 Oxnard -Simi Valley- Ventura, CA 21.5 CA Ventura. 6780 Riverside -San Bernardino - Ontario, CA 19.0 CA Riverside; CA San Bernardino. 7480 Santa Barbara -Santa Maria- Lompoc, Ca 19.7 CA Santa Barbara. Non -SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis Obispo. 181 San Diego,. CA: Si,ASA Counties 7320 San Diego, CA 16.9 CA San Diego. Non -S ?ASA Counties 18.2 CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form PR -1391 (appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. 87260 87 -1 January, 1990 6 -27 (To be used, when applicable, in Federal -aid projects) insert number of trainees) 6 -2 FEDERAL REQUIREMENT TRAINING SPECIAL PROVISION 6 -2.01 As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows: The Contractor shall provide on- the -job training to develop full journeymen in the types of trades or job classification involved. The goal for the number of trainees or apprentices to be trained under the requirements of this special provision will be In the event the Contractor subcontracts a portion of the contract work, he shall determine how many, if any, of the trainees or apprentices are to be trained by the subcontractor, provided however, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this special provision. The Contractor shall also insure that this Training Special Provision is made applicable to such subcontract. Where feasible, 25 percent of trainees or apprentices in each occupation shall be in their fir t year of apprenticeship or training. The number of trainees or apprentices shall be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. Prior to commencing work, the Contractor shall submit to the Department for approval the number of trainees or apprentices to be trained in each selected classification and training program to be used. Furthermore, the Contractor shall specify the starting time for training in each of the classifications. The Contractor will be credited for each trainee or apprentice employed by him on the contract work who is currently enrolled or becomes enrolled in an approved program and will be reimbursed for such trainees or apprentices as provided hereinafter. Training and upgrading of minorities and women toward journeymen status is a primary objective of this Traning Special Provision. Accordingly, the Contractor shall make every effort to enroll minority and women trainees or apprentices (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees or apprentices) to the extent such persons are available within a reasonable area or recruitment. The Contractor will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Training Special Provision. This training commitment is not 57260 87 -1 January, 1990 6 -28 I ' intended, and shall not be used, to discriminate against any applicant for training, whether a member of a minority group or not. ' No employee shall be employed as a trainee or apprentice in any classification in which he has successfully completed a training course leading to journeyman status or in which he has been employed as a journeyman. The Contractor should satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used the Contractor's records should document the findings in each case. ' The minimum length and type of training for each classification will be as established in the training program selected by the Contractor and approved by both the Department and the Federal Highway ,Administration. The Department and the Federal Highway Administration will approve a program if it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee or apprentice for journeyman status in the classification concerned by the end of the training period. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with the State of California, Department of Industrial Relations, Division of Apprenticeship Standards recognized by the Bureau and training programs approved but not necessarily sponsored ' by the U.S.Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal -aid highway construction 1 contracts. Approval or acceptance of a training program shall be obtained from the State prior to commencing work on the classification covered by the program. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk- typists or secretarial -type positions. Training is permissible in lower level management positions such as office engineers, estimators, timekeepers, etc., where the training is ' oriented toward construction applications. Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the division office. ' Some offsite training is permissible as long as the training is an integral part of an approved training program and does not comprise a significant part of the overall training. ' Except as otherwise noted below, the Contractor will be reimbursed 80 cents per hour of training given an employee on this contract in accordance with an approved training program. As approved by the Engineer, reimbursement will be made for training of persons in excess of the number specified herein. This reimbursement will be made even though the Contractor receives additional training program funds from other sources, provided such other source does ' 87260 87 -1 January, 1990 6 -29 J not specifically prohibit the Contractor from receiving other reimbursement. Reimbursement for offsite training indicated above may only be made to the Contractor where he does one of more of the following and the trainees or apprentices are concurrently employed on a Federal -aid project; contributes to the cost of the training, provides the instruction to the trainess or apprentice or pays the trainee's or apprentice's wages during the offsite training period. No payment shall be made to the Contractor if either the failure to provide the required training, or the failure to hire the trainee or apprentice as a journeyman is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requirements of this Training Special Provision. It is normally expected that a trainee or apprentice will begin his training on the project as soon as feasible after start of work utilizing the skill involved and remain on the project as long as training opportunities exist in his work classification or until he has completed his training program. It is not required that all trainees or apprentices be on board for the entire length of the contract. A Contractor will have fulfilled his responsibilities under this Training Special Provision if he has provided acceptable training to the number of trainees or apprentices specified. The number trained shall be determined on the basis of the total number enrolled on the contract for a significant period. Only trainees or apprentices registered in a program approved by the State of California's State Administrator of Apprenticeship may be employed on the project and said trainees or apprentices shall Se paid the standard wage specified under the regulations of the craft or trade at which they are employed. The Contractor shall furnish the trainee or apprentice a copy of the programs he will follow in providing the training. The Contractor shall provide each trainee or apprentice with a certification showing the type and length of training satisfactorily completed. The Contractor will provide for the maintenance of records and furnish periodic reports documenting his performance under this Training Special Provision. [l 1 [l I I I LJ I I F L I i 87260 87 -1 ' January, 1990 6 -30 I 1 I I i i I I I I 11 I i I i I I SECTION 7 (BLANK) I ' SECTION 8. MATERIALS ' 8 -1 MISCELLANEOUS 8 -1.00 BUY AMERICA REQUIREMENTS ' Attention is directed to the 'Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel materials furnished for incorporation into the work on this project shall occur in the United States. I i I�l 1 I [1 A Certificate of Compliance, conforming to the provisions in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel materials, other than 0.6 inch strand prestressing steel. The certificates, in addition to vertifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States. The requirements imposed by said law and regulations do, not prevent a minimal use of foreign steel materials if the cost of such materials used does not exceed one -tenth of one percent (0.1°6) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel prior to incorporating such materials into the work. 8 -1.01 GENERAL Attention is directed to Section 6, "Control of Materials," of the Standard Specifications and these special provisions. 8 -1.02 SLAG AGGREGATE Aggregate produced from slag resulting from any steel - making process or from air - cooled iron blast furnace slag shall not be used on this project. 87260 87 -1 January, 1990 8 -1 8 -1.03 TESTING Whenever a reference is made in the specifications to any of the California Test numbers specified below the corresponding ASTiM Designation or AASIATO Designation test numbers may be used to determine the quality of materials. California ASTM AASHTO Test Designation Designation 216 D 1557 T 180 231 D 2922 T 238 203 D 422 T 88 204 D 4318 T 89 (a) T 90 (b) 504 C 231 T 152 518 C 138 T 121 521 C 39 T 22 523 C 293 (c) T 177 (c) C 78 (d) T 97 (d) 533 C 360 - - - -- 211 C 131 (e) T 96 (f) C 535 (g) - - - -- Notes: (a) Determining the Liquid Limits of Soils (b) Determining the Plastic Limit and Plasticity of Soils (c) Flexural Strength of Concrete (Using Simple Beam with Center Point Loading) (d) Flexural Strength of Concrete (Using Simple Beam with Third Point Loading) (e) Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion Impact in the Los Angeles Machine (f) Resistance to Abrasion of Small -Size Coarse Aggegate by Use of the Los Angeles Machine (g) Resistance tp Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine 8 -1.04 DELETED 87260 87 -1 January, 1990 8 -2 I 1 1 8 -1.05 1 1 1 Ii MEASURE&IENT OF QUANTITIES Attention is directed to the provisions in Section 9 -1.01, "..Measurement of Quantities," of the Standard Specifications and these special provisions. Within the limits of the project or at the plant site, the Contractor shall provide a vehicle platform scale of sufficient weighing capacity to check full production sized batches from all proportioning scales to be used in producing materials for the project. Such vehicle platform scale shall conform to the provisions in said Section 9 -1.01. Full compensation for furnishing and operating the vehicle platform scale required to check proportioning scales shall be considered to be included in the contract prices paid for the various contract items pf work requiring the proportioning scales and no separate payment will be made therefor. 1 8 -1.06 ENGINEERING FABRICS The following ASTM tests specified in Section 88, "Engineering ' Fabrics," of the Standard Sepcifications are revised as follows: AST,M Designations: D 1910 is amended to read AST ?:1 Designation: D 3776 AST ?A Designations: D 1117 and D 1682 are amended to read ASP-..1 Designation: D 4632. SECTION 8 -2. CONCRETE 8 -2.01 COMPRESSIVE STRENGTH The fourth paragraph of Section 90 -9.01, "General," of the Standard ' Specifications is amended to read: When concrete is designated by 28 -day compressive strength ' rather than by cement content, the concrete strength to be used as a basis for acceptance of other than steam cured conformance with Method I of California Test 540. If the resulte of any one or ' more of the 28 -day strength tests are below the specified strength, the Contractor shall, at his expense, make corrective changes, subject to approval of the Engineer, in the mix proportions or in the concrete fabrication procedures, before placing additional concrete, and shall pay to the State $10.00 for ' each in place cubic yard of concrete represented by the deficit tests. If the results of any one of more of the 28 -day 87260 87 -1 January, 1990 8 -3 1 strength tests fall below 95 percent of the specified strength, the Contractor shall make the aforementioned corrections, and shall pay to the State $15.00 for each in place cubic yard of concrete represented by the deficient tests. In addition, such corrective changes shall be made when the compressive strength of concrete tested at 7 days indicates, in the judgement of the Engineer, that the concrete will not attain the required compressive strength at 28 days. No single 28 -day strength test shall represent more than 300 cubic yards. 8 -2.02 AGGREGATES Section 90 -2.02, ".Aggregates," of the Standard Specifications is amended by adding the following paragraph: If aggregate is found to be "deleterious" or "potentiall} deleterious" when tested in accordance with ASTM Designation: C 289, mineral admixtures Class N or Class F will be required in the manufacture of concrete containing such aggregate. The use of mineral admixture shall conform to the requirements in Section 90 -4.08, "Required Use of Mineral Admixtures." 8 -2.03 CURING COMPOUND The seventh paragraph of Section 90- 7.018, "Curing Compound Method," of the Standard Specifications is amended to read: Curing compounds (1), (2), and (3) listed above shall be applied at a nominal rate of one gallon per 200 square feet. Curing compound (4) shall be applied at a nominal rate of one gallon per 250 square feet. Curing compounds (5) and (6) shall be applied at a nominal rate of one gallon per 150 square feet. Curing compounds (7) and (8) when specified shall be applied at the rate specified. 8 -2.04 ROADWAY DECK SLAB REQUIREMENTS The amount of free water used in concrete for roadway dec!: slabs of highway bridges and structure approach slabs shall not exceed 325 pounds per cubic yard, plus 20 pounds for each required 100 pounds of cement in excess of 658 pounds per cubic yard. 87260 87 -1 January, 1990 8 -4 I L� I I SECTION 8 -3. EPDXY 8 -3.01 EPDXY ADHESIVE FOR PAVEMENT MARKERS The following changes were made to Section 95 -2.04, "Rapid Set Epoxy Adhesive for Pavement Markers," of the Standard Specifications. 1. The State Specification number is changed to 8040- 21A1 -07. 2. The ingredient Fibrillated Polyethylene is changed to Oleophilic Fumed Silica and the parts by weight are changed to 4.50* for Component A and 3.50* for Component B. 3. Glvicerine is deleted fro in Component A. 4. The parts by weight in Component B for talc is changed to 52.00 and for Silicone Anti -foam, 0.005. 5. The footnote that is designated by an asterisk ( *) is amended to read as follows: *A range of 4.00 to 5.00 parts is permitted in the ,A Compontnt and 3.00 to 4.00 parts in the B Component, to achieve the required viscosity and thixotrophy. Small preparation batches should be made to determine the oleophilic silica level be,t suited for the manufacturing equipment used. ' 6. The footnote 4 is amended to read: 41jigh purity fumed silica, surface treated with a silicone oil, with the following properties: Appearance, fluffy white powder; surface area, N2B.E.T. method 70 +15 M2 /grarn; pll, 4 grams dispersed in 100 mis of 20/80 volurne mixture of ethvl ' alcohol and distilled water, 4.7; weight °5 carbon, 5.0 minimum; ignition loss (dry basis) 2 hours at 1000 %C., 6 to 7; specific gravity, 1.8. ' 7. Under tests: (1) is amended to read: (1) Brookfield Viscosity, Helipath Spindle TE at 5 rpm, Poise ' at 77 06F. Component A and Component B - -- 3,000 to 4,000; (2) is revised by deleting "at 77 %F. "; (3) is revised by changing 11.75 to 11.90 under both components; (5) Requirements is changed to read: "shall match curves on file at the Transportation Laboratory. 87260 87 -1 January, 1990 8 -5 I Characteristics of Combined Components is amended by adding: (6) Sag Test ** No Sag * *A 7 inch long by 2 -1/2 inch wide by 1/4 inch thick layer of mixed adhesive is applied to the glazed face of Leneta Chart, Form 2 -A opacity, surface levelled with thickness controlled by 1/4 inch thick shims. Remove shims and immediately hang chart vertically until epoxy hardens. Test performed at 77 96F. The following changes are made to Section 95 -2.05, "Standard Set Epoxy Adhesive for Pavement Markers," of the Standard Specifications. a. The State Specification number is changed to 8040 -21 NI -09. b. The ingredient Fibrillated Polyethylene is changed to Oleophilic Fumed Silica and the parts by weight are changed to 6.50* for Component A and 6.50* for Component B. C. The parts of weight of talc are changed to 34.00 for Component A. d. The ingredient, Silicone Anti -foam, is deleted fro n Component A. e. The parts by weight of N- Aminoethyl Piperazine in Component B is changed to 23.20. f. The footnote 3 is amended to read: 31iigh purity fumed silica, surface treated with a silicone oil, with the following properties: Appearance, fluffy white powder; surface area, N2B.E.T. method 70 +15 M2 /gram; pli, 4 grams dispersed in 100 mis of 20/80 volume mixture of ethyl alcohol and distilled water, 4.7; weight % carbon, 5.0 minimum; ignition loss (dry basis) 2 hours at 1000 %C., 6 to 7; specific gravity, 1.8. g. The footnote that is designated by an asterisk ( *) is amended to read as follows: *A range of 6.00 to 7.00 parts is permitted in the A Component and B Component, to achieve the required viscosity and shear ratio. 87260 87 -1 January, 1990 8 -6 h. Under tests: (1) is amended to read: (1) Brookfield Viscosity, Helipath Spindle TE at 5 rpm, Poise at 77 %F. Component A and Component B - -- 3,000 to 4,000; (2) is revised by deleting "at 77 %F. "; (3) is revised by changing density of Component A to 11.0 to 11.3 and Component B to 11.3 to 11.6; (5) Requirements is changed to read: "shall match curves of file at the Transportation Laboratory. Characteristics of Combined Components is amended by adding: (6) Sag Test ** No Sag **A 7 inch long by 2 -1/2 inch wide by 1/4 inch thick layer of mixed adhesive is applied to the glazed face of Leneta Chart, Form 2 -A opacity, surface levelled with thickness controlled by 1/4 inch thick shims. Remove shims and immediately hang chart vertically until epoxy hardens. Test performed at 77 %F. 87260 87 -1 January, 1990 8 -7 LJ SECTION 9 ' DESCRIPTION OF WORK 9 -1.01 GENERAL ' The work under this portion of the contract shall consist of furnishing all labor, materials, vehicles, tools, machinery, equipment, etc. ' necessary to construct the necessary widening of Newport Boulevard with resurfacing and restriping of the existing roadway, providing three northbound lanes, two southbound lanes, bike lanes and sidewalk and bike trail from 32nd Street to Coast Highway. The project will ' include new curb, gutter and sidewalk along the entire east side of the roadway and the west side of the roadway from Finley Avenue to Short Street; a raised landscaped median along a portion of the project, left -turn lanes at intersections; ramp construction to ' eastbound Coast Highway from northbound Newport Boulevard; bridge widening on the side of the Newport Channel Bridge; drainage improvements; water main and utility relocations; retaining walls where necessary; bulkheads; bus stops; traffic signal modifications; street light modifications; striping and signing; City Hall parking lot demolition; construction and striping improvements for parking along 32nd Street; demoliton and cleaning of existing gas station at Via ' Lido and Newport Blvd.; irrigation and landscaping, and appurtenant work, all as shown on the plans prepared by Williamson and Schmid, provide qualified supervisory and all other items necessary to provide complete improvement to the satisfaction of the City of Newport Beach, California State Department of Transportation, and the Engineer. ' All work hereunder shall conform to the Standard Specifications, applicable portions of CALTRANS Standard Specifications, the Standard Drawings of the City of Newport Beach; and these Special Provisions. In the event of any discrepancy between these Special Provisions, the Standard Specifications or CALTRANS Standard Specifications, including the plans, the plans and Special Provisions shall govern where they require a higher quality of workmanship and /or materials. Before commencing the work, the Contractor shall meet with the ' Owner, the Engineer, CALTRANS' Resident Engineer, and the inspectors for the City of Newport Beach in a preconstruction conference to outline his schedule of operations and progress, and coordinate his sequence of operations with other contractors. Such items and details not mentioned herein that are required by the plans, Standard Specifications, these Special Conditions, or any 1 addenda or clarifications shall be furnished, placed, installed or performed. 87260 87 -1 January, 1990 9 -1 I 1 1 1 i 71 Li l 1 1 SECTION 10. CONSTRUCTION DETAILS 10 -1.01 ORDER OF WORK Order of work shall conform to the provisions in Section 5 -1.05, "Order of Work," of the Standard Specifications and these special provisions. When embankment settlement periods or surcharge embankment settlement periods are specified, the settlement periods and the deferment of portions of the work shall comply with the provisions in Section 19- 6.025, "Settlement Period," of the Standard Specifications, and in "Earthwork" of these special provisions. Attention is directed to "Maintaining Traffic" of these special provisions and to the stage construction sheets of the plans. The work shall be performed in conformance with the stages of construction shown on the plans. Nonconflicting wort: in subsequent stages may proceed concurrently with work in preceding stages, provided satisfactory progress is maintained in said preceding stages of construction. All temporary railing (Type K) shall be secured in place prior to commencing other wort; for which this protective railing is required. Attention is directed to "Jack Bridge Span" and "Modify Deck 1 Expansion Joint" of these special provisions. Span 3 of the existing bridge superstructure shall be jacked prior to modifying the existing deck expansion joints at each end of the span. I' I 1 1 1 1 1 The work specified in the section entitled "'.Aodify Deck Expansion Joint" shall have been completed prior to performing the work specified in "Treat Bridge Decks" of these special provisions. Pile driving operations shall begin at Abutment 6 and proceed across the channel to Abutment 1. The pile driving sequence may be modified by the Engineer when the soil vibration monitoring by the State indicates that it is safe to do SO. All striping, pavement markings and signing shall be in place prior to signal turn on. The Contractor shall comply with the following general order of work: 87260 87 -1 January, 1990 10 -1 Al) Construct parking bays on 32nd Street between Newport Boulevard and Villa Way per Traffic Handling Plan SC -3. Position traffic lanes and parking bays in ultimate configuration on 32nd Street per sheet PDS -1. A2) Widen the west side of Newport Boulevard between Finley Avenue and Short per Traffic Handling Plans SC -3 and SC4. A3) Close the eastbound /northbound Coast Highway /Newport Boulevard off -ramp to traffic per Traffic Handling Plan SC -5 and construct First Stage Improvements per sheet L -5. B1) Shift traffic lanes on Newport Boulevard westerly per Traffic Handling Plans SC -7, SC -8 and SC -9 and construct street improvements on the east side between 32nd Street and the Newport Beach channel bridge. B2) Reopen off -ramp per Traffic Handling Plan SC -10 and construct ramp improvements per sheet L -6. CO Construct median and improvements in the center portion of Newport Boulevard between 32nd Street and channel bridge shifting traffic lanes per Traffic dandling Plans SC -12, SC -13, SC -14, SC -15 and SC -16. C2) Close the eastbound /northbound off -ramp a second time per Traffic Handling Plan SC -17 and construct ramp improvements per sheet L -7. D1) Reopen eastbound /northbound off -ramp and construct bridge deck joint modifications by shifting traffic lanes per Traffic Handling Plans SC -19, SC -20, SC -21 and SC -22. E1) Reconstruct Newport Boulevard center median between Via Lido and S.R. I per SHEETS L -3, 4 & 7 and position traffic lanes on Newport Boulevard in ultimate configuration per sheet PDS -2, PDS -3, PDS -4 and PDS -5. At the end of each working day if a difference in excess of 0.45 feet exists between the elevation of the existing pavement and the elevation of any excavation within 6 feet of the traveled way, materials shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations native material may be used for this purpose; however, once the placing of the structural section commences, structural material shall be used. The material shall be placed to the level of elevation of the top of existing pavement and tapered at a slope of 4:1 or flatter to the bottom of the excavation. Full compensation for placing the material on a 4 :1 slope, regardless of the number of times it is 87260 87 -1 January, 1990 10 -2 I required, and subsequent removing or reshaping of the material to the lines and grades shown on the plans shall be considered as included in the contract price paid for the materials involved and no additional compensation will be allowed therefore. No payment will be made for material placed in excess of that required for the structural section. i10 PROSECUTION AND PROGRESS -1.02 ' Section 8 -1.03, "Beginning of Work," is superseded by the following: The Contractor shall begin work within the number of days specified in the Special Provisions. ' The contractor shall schedule the work required to ensure completion of improvements affecting the following areas 1 within the following maximum number of working days. City Hall parking lot demolition and regrading 60 working days Sidewalks at the west side of Newport Boulevard 30 working days Office building adjacent to Channel 60 working days Via Lido shopping center 60 working days ' Delete entire Section 8 -1.09, "Right of Way Delays," except when applicable under provisions of Section 7- 1.125, "Legal Actions Against the Department." aSection 9 -1.02, "Scope of Payment," is supplemented and amended by the following: ' Payment for all unit price items of work, with the exception of items designated as final pay quantities, lump sum items and those items based on weight, shall be based on the quantities indicated in the Estimated ' Quantities in the Special Provisions. If the work is revised by the Engineer or if there is an error in the plans or the calculated quantities, the final quantities for payment will be revised in the amount represented by the changes or errors. 1 The entire Section 9 -1.07, "Payment After Acceptance," including parts A and B, is superseded by the following: The final Engineer's estimate of quantities for payment to the Contractor will include completed contract item quantities of work, extra work and any other basis for 87260 87 -1 January, 1990 10 -3 payment, less all retentions and deductions made or to be made under the provisions of the contract. All prior estimates and payments shall be subject to correction in the final estimate. A final progress payment based on said final estimate will be processed for payment to the Contractor prior to acceptance of the work by the City of Newport Beach. Following acceptance of the work by the City of Newport Beach, the amount deducted from the final estimate and retained by the City will be paid to the Contractor, except such amounts as are required by law or as are authorized by the contract to be further retained. If within the time fixed by law, a properly executed Notice to Stop Payment is filed within the City, due to the Contractor's failure to pay for labor or materials used in the work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. Section 9 -1.08, "Adjustment of Overhead Costs," is deleted entirely. 10 -1.03 MOBILIZATION Paragraph E of Section 11 -1.02 of the Standard Specifications, "Payment," is amended to read: E. After completion of the contract work, the amount, if any, of the contract item price for mobilization in excess of 10 percent of the original contract amount will be included in the final progress payment. 10 -1.04 UTILITIES (See also Section 10 -1.08, "Obstructions ") The Contractor shall locate, verify and protect all existing utility facilities in the immediate vicinity of the construction work as stated in Section 7 -1.11, "Preservation of Property" and Section 8 -1.10, "Utility and Non - Highway Facilities of the Standard Specifications." Known utilities are indicated on the Plans. Prior to performing construction work, the Contractor shall request each utility company to. locate its facilities. Construction of the storm drain will cause work to be performed over, under and very near existing sewer, gas, electric and water lines. The Contractor shall protect in place and be responsible for, at no additional cost, any damage to utilities encountered during construction of the items shown on the Plans. 87260 87 -1 January, 1990 10 -4 I P I C I I J 11 I The existence and location of any underground utilities or structures shown on these plans are obtained by a search of available records. To the best of our knowledge there are no existing utilities except those shown on this plan. The Contractor is required to take all precautionary measures to protect the utilities shown, and any other lines or structures not shown on these plans, and is responsible for the protection of, and any damage to these lines or structures. Special attention shall be given to the existing telephone and electrical facilities in the work area. 10 -1.05 LOCATION AND PROTECTION OF UNDERGROUND HAZARDOUS UTILITIES The Contractor is hereby notified that, as called out in these Special Provisions, there are underground utilities within the construction area which may be potentially hazardous if damaged. A hazardous substance shall be defined as one having the potential for an immediate disaster, such as, but not limited to gasoline, electricity, fuel oil, butane, propane, natural gas, chlorine or other chernicals. Abandoned or inoperative utilities designed to carry hazardous substances and unidentified or unknown utilities shall be considered hazardous until determined otherwise. Whenever the Contractor is directed by the Engineer to tap these lines, the Contractor shall provide personnel specialized in this work and payment therefore will be made under "Extra Work." During all excavation and trenching operations, the Contractor will be required to exercise extreme precaution and protect these utilities from damage. At least 48 hours prior to any excavation in the proximity of these lines, the Agency will request the owners of these utilities to accurately determine the locations and depths of their potentially hazardous lines as follows: 1. The Contractor shall not trench or excavate within the area where a utility known to carry a hazardous substance exists until its owner is present and its location has been determined by potholing or other proven methods acceptable to the Engineer. The intervals between potholes or location points shall be sufficient to determine the exact location of the line and shall not exceed the distance set forth as follows: 87260 87 -1 January, 1990 a. Excavation for Highway or Street Construction The utility shall be located at intervals not greater than 25 feet for lines up to 8 inches in diameter, 50 feet for 10 -5 lines of 8 inches to 24 inches in diameter and 100 feet for lines greater than 24 inches in diameter. b. Trench Excavation (i) Longitudinal Utilities All longitudinal utilities in the street shall be located at intervals not greater than 500 feet. If determined to be within 6feet of any exavation, it shall be located at intervals not greater than 100 feet. If less than 3 feet from any excavation, the utility shall be located at intervals not greater than 25 feet for lines up to 8 inches in diameter, 50 feet for lines of 8 inches to 24 inches in diameter and 100 feet for lines greater than 24 inches in diameter. (ii) Transverse Utilities If the location of the utility is above the contract facility being installed, it shall be carefully exposed by its owner and protected by the Contractor in a manner satisfactory to the owner prior to trenching or other excavation. If the clearance exceeds the minimum specified below, it need only be located. C. Clearance If it is determined that the horizontal or vertical clearance between the utility known to carry hazarous substances and the construction limit is less than 12 inches (18 inches if scarifying), the Contractor shall confer with its owner. Unless the owner elects to relocate the line or take it out of service, the Contractor shall not excavate until the line has been completely exposed by its owner within the limits of construction. 2. Once the physical location of the utility known to carry hazardous substances has been determined, the Contractor, in cooperation with and with the concurrence of the utilty owner, shall determine how to protect and /or support the utility from damage before proceeding with this work. 3. The Contractor shall notify the contracting agency, the public agency maintaining records for that jursidiction and the owner, if known, whenever previously unidentified or unknown underground utilities are encountered so that the location can be accurately established and made a part of the permanent substructure records. 87260 87 -1 January, 1990 10 -6 I H F IF j u I IJ I 1 I H I C Full compensation for complying with the above requirements shall be considered as included in the applicable bid item(s) of work except as otherwise specified above. 10 -1.06 PROGRESS SCHEDULE Progess schedules will be required for this contract and shall conform to the provisions in Section 8 -1.04. "Progress Schedule," of the Standard Specifications. The Contractor's attention is directed to the plans where work is to be done on and adjacent to private property. The Contractor shall submit a progress schedule which specifically identifies work to be done on and adjacent to each property and minimizes access denials and inconveniences of affected property owners, businesses and the public. Work in these areas shall not begin until such a schedule is approved by the Engineer. When adjacent businesses and residences have multiple vehicular accesses, one access shall remain open at all times. If the business or residence has only one vehicular access, a ten -foot minimum width access shall be provided by staged access construction or a temporary access as approved by the engineer. Pedestrian and vehicular access shall not be restricted for periods greater than eight hours. The Contractor shall schedule the work in a manner that the improvements in front of City Hall, Via Lido Shopping Plaza and other businesses both within and beyond the right -of -way are completed within 120 working days from the commencement to completion of the work. 10 -1.07 COOPERATION Attention is directed to Sections 7 -1.14, "Cooperation," and "Utility and Non - Ilighway Facilities," of the Standard Specifications and these special provisions. 10 -1.08 OBSTRUCTIONS Attention is directed to Sections 8 -1.10, "Utility and Non - Highway Facilities," and 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workmen and of the public. Facilities requiring special precautions include, but are not limited to: conductors of natural gas in pipelines greater than six inches in diameter or pipelines operating at pressures greater than 60 psi (gate); underground electric supply syste.n 87260 87 -1 January, 1990 IBMA conductors or cables either directly buried or in duct or conduit which do not have concentric grounded conductors or other effectively grounded metal shields or sheaths. The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include but are not limited to the following: Underground Service Alert - Southern California (USA) South Shore Utility Coordinating Council (DIGS) Telephone: 1(800)422 -4133 Telephone: 1(800)541 -3447 The Engineer has endeavored to locate and show on the plans the approximate locations of all public and private utilities and facilities to be encountered during construction. Listed below are agencies and contact representatives which have facilities located within the construction area: Utility Company Southern California Edison Company Southern California Gas Company Pacific Telephone Newport Beach Utility Department Orange County Sanitation District Contact Phone Number Mr. Chris Cartwright (714) 895 -0235 Mr. Joe Moreno (7 14) 634 -3115 (714) 259 -4475 Mr. Peter Antista (714) 644 -3011 Mr. Russ Wold (714) 540 -2910 If such facilities are not located on the plans in both alignment and elevation, no work shall be performed in the vicinity of said facilities until the owner, or his representative, has located the facility by potholing, probing, or other means that will locate and identify the facility. If, in the opinion of the Engineer, the Contractor's operations are delayed or interfered with by reason of the utility facilities not being located by the owner or his representative, the State will compensate the Contractor for such delays to the extent provided in Section 8 -1.09, "Right of Way Delays," of the Standard Specifications, and not otherwise, except as provided in Section 8 -1.10, "Utility and Non - Highway Facilities," of the Standard Specifications. 87260 87 -1 January, 1990 10 -8 11 ' The Contractor shall remove the existing gas line from the Newport Beach Channel Bridge. The Southern Cal Gas Company shall be notified 20 working days in advance of the anticipated date of the ' start of removal operations to facilitate decommissioning and ventilating the gas line to be removed. The Southern Cal Gas Company will furnish the pipe hanger inserts to be installed in the bridge widening. Pipe hanger inserts shall be cast in the new bridge deck at locations directed by the Engineer. ' The Pacific Bell Telephone Company will furnish the conduit hanger inserts to be installed in the bridge widening. Conduit hanger inserts shall be cast in the new bridge deck at locations directed by the ' Engineer. Installation of the following utility facilities will require coordination with the Contractor's operations. The Contractor shall ;Hake necessary arrangements with the utility company, through the Engineer, and shall submit a schedule of work, verified by a representative of the utility company, to the Engineer. The schedule of work shall provide no less than the following number of working ' days, as defined in Section 8 -1.06, "Time of Completion," of the Standard Specifications for the utility company to complete their ' work. Notification Prior to start General of Installation Specific work and Utility Location — (Working days) (Working Days) Southern CA Newport Beach 20 Install gas line Gas Company Channel (Widen) through widening 1919 State 30 working days College Blvd. Anaheim, CA 92803 ' Contract: Joe Moreno (714) 634 -3115 Pacific Bell Newport Beach 60 Install telephone Telephone Co. Channel (Widen) conduits through ' 1452 Edinger Rm 1331 widening 30 Tustin, CA 92680 working days ' Contact: John Katzenstein (714) 259 -4403 Steve Sutton-Constr. (714) 666 -5513 JN. LEI 908X 1 87260 87 -1 ' January, 1990 10 -9 Southern CA Newport Beach Edison Company Channel (Widen) 7333 Bolsa Ave. Westminster, CA 92683 Contact: Chris Cartwright (714) 895 -0235 Tiebacks for the existing sea wall near Bent 5 shall be located prior to pile driving operations or substructure construction in that vicinity. Full compensation for conforming to the requirements of this section, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 10 -1.09 RELATIONS WITH CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD The location of the Newport Blvd. Bridge Widening is within an area controlled by the Regional Water Quality Control Board. The Contractor shall fully inform himself of all rules, regulations and conditions that may govern his operations in said area and shall conduct his work accordingly. Attention is directed to Section 10 -1.34 "Water Pollution" of these Special Provisions. The Contractor shall be required to make himself aware and comply with all the requirements of the Regional Water Quality Control Board while performing any work covered by these Special Provisions. Attention is directed to Section 8 -1.06, "Time of Completion," of the Standard Specifications. Days during which the Contractor's operations are restricted in the floodway by the requirements of this section, shall be considered to be nonworking days if these restrictions cause a delay in the current controlling operation or operations. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. 10 -1.10 CONSTRUCTION AREA SIGNS (See also Section 5 -1.03, "Public Safety" of these Special Provisions) Attention is directed to Section 12 -3.06, "Construction Area Signs" of the Standard Specifications. 87260 87 -1 Oanuary,1990 10 -10 I I The Contractor shall furnish all sign panels (including Type N marker panels), posts and hardware, and shall erect, maintain and remove all construction area signs shown on the plans as provided in these ' special provisions. All construction area signs shall conform to the dimensions, color, legend and reflectorization or lighting requirements of the plans, the current MANUAL OF TRAFFIC CONTROLS and these special provisions. All sign panels shall be the product of a commercial sign manufacturer, but need not be new. Used sign panels, in good repair as determined by the Engineer, may be furnished. ' Construction area signs shall not be used until they are needed and when no longer needed they shall become the property of the Contractor and shall be removed from the site of the work. 10 -1.11 MAINTAINING TRAFFIC (See also Section 5 -1.03 "Public Safety" of these Special Provisions) "Public Attention is directed to Sections 7 -1.08, Convenience," 7 -1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specification and to the section entitled ' "Public Safety" elsewhere in the Standard Specifications and these special provisions. Nothing in these special provisions shall `;e construed as relieving the Contractor from his responsibility as ' provided in said Section 7 -1.09. The table following the subparagraph of the fifth paragraph of Section 12 -3.04, "Portable Delineators," is amended to read: ' Divergence Angle Incedence Angle Dry Reflectance (degrees) (degrees Value 0.2 -4 250 0.2 30 95 0.5 -4 95 ' 0.5 30 65 Illuminated traffic cones when used during the hours of darkness shall be affixed or covered with reflective cone sleeves as specified in ' Section 12 -3.10, "Traffic Cones," of the Standard Specifications, except the sleeves shall be 13 inches long. Lane closure shall conform to the provisions in the section of these ' special provisions entitled "Traffic Control System for Lane Closure." An opening shall be provided through bridge falsework in Span 5 for the use of public traffic where false work is to be constructed over ' 87260 87 -1 January, 1990 10 -11 I the existing pedestrian /bikeway. The pedestrain /bikeway opening shall have a minimum vertical clearance of 8 feet and a minimum horizontal width of 16 feet. The width of opening shall be the clear width between temporary railings or other protective work. The exact location of openings will be determined by the Engineer. At all pedestrian /bikeway openings through falsework, falsework lighting shall be installed in conformance with the provisions in Section 86 -6.11, "Falsework Lighting," of the Standard Specifications. No falsework opening will be allowed in Spans 1, 2, 3 and 4. The Contractor shall notify local authorities of his intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25 -foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. Construction truck traffic merging into traffic lanes shall be by use of flagmen and appropriate signage as directed by the Engineer. Flaggers shall conform to the latest State of California Department of Transportation "Instructions to Flaggers ". Use and placement of flashing arrow signs shall be as directed by the Engineer. Type and mode of operation of flashing arrow sign shall be as shown on the plans. Flashing arrow signs shall conform to Section 12 -3.03 of the Standard Specifications. In addition to the provisions set forth in Section 5 -1.04, "Public Safety," of these special provisions, whenever work to be performed on the highway (except the work of installing, maintaining, and removing traffic control devices) requires any employee of the Contractor to work anywhere within 6 feet of a traffic lane or operate any equipment within 2 feet of a traffic lane, and the posted speed limit is 45 miles per hour or more, the adjacent traffic lane shall be closed. 87260 87 -1 January, 1990 10 -12 1 i 1 1 Furnishing, posting, maintaining and removing detour signs as directed by the Engineer shall be paid at the lump sum price bid for Traffic Control and no additional compensation will be allowed. Two through travel lanes for Northbound and Southbound direction for Newport Boulevard shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, Fridays and the day preceding designated legal holidays and during any other day, from 6:00 a.m. to 9:00 p.m. Designated legal holidays are: January 1, the third Monday in February, the last Monday in May, July 4, the first Monday in September, November 11, Thanksgiving Day, and December 25. When a designated legal holiday falls on a Sunday, the following `.Monday shall be a designated legal holiday. When November 11 falls on a Saturday, the preceding Friday shall be designated a legal holiday. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. Such deviations shall not be adopted until the engineer has indicated his written approval. All other modifications will be made by contract change order. Pedestrian /bicycle access facilities shall be provided through conntruction areas within the right of way as shown on the plans and as specified herein. Pedestrian /bikeways shall be provided with surfacing of asphalt concrete, Portland cement concrete or timber. Surface shall be skid resistant and free of irregularities. Hand railings shall be provided on each side of pedestrian /bikeway as necessary to protect pedestrian /bikeway traffic from hazards due to construction operations. Protective overhead covering shall be provided as necessary to insure protection from falling objects and drip from overhead structures. In addition to the required openings through falsework, the Contractor shall provide pedestrian /bicycle facilities during pile driving, footing, wall, and other bridge construction operations. At least one pedestrian /bikeway shall be available at all times. 11 the Contractor's operations require the closure of one ' pedestrian /bikeway, then another pedestrian /bikeway shall be provided nearby, off the traveled roadway. ' Railings shall be constructed of wood, S4S, and shall be painted white. Railings and pedestrian /bikeways shall be maintained in good condition by the Contractor. Pedestrian /bikeways shall be kept clear of obstructions. i 87260 87 -1 ' January,1990 10 -13 Precast concrete members shall not be cast, assembled or stored , within the right of way of Route 55. 'wring work on said members, no men, equipment or materials shall occupy any area within 4 feet , of the edge of any existing pavement except as permitted during lane closures. Full compensation for providing said pedestrian /bicycle facilities , shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. ' 11 87260 87 -1 January, 1990 10 -14 ' l� i I, i 1 1 �I 1 LANE CLOSURE CHART Legend: 11111 Ume lane open in direction of travel M E Two adjacent lanes open in direction of travel NA Three adjacent lanes open in direction of travel NA Shoulder may be closed NA Freeway may be closed NA No lane closure permitted 87260 87 -1 January, 1990 REMARKS: Work may be In progress during sM fallowing noun; Monday through Friday 7A0 a.m. to 7:00 p.m. Saturday (only allowed when necessary or emergency) 9:00 a.m. to 1:00 p.m Sunday No work permitted Contractor shall obtain approval from the Engineer prior to performing work on Saturdays. Work done without required inipmnons will be subject to rejection. Night work (after 7:00 p.m. and before 7:00 a.m.) may be in program .Monday'. mrough Thursday. when approved by the Engineer. 10 -15 10 -1.12 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE A traffic control system shall consist of closing traffic lanes and ramps in accordance with the details shown on the plans, the provisions of the latest State of California Department of Transportation "Manual of Traffic Controls ", Standard Plans, Standard Specifications, the provisions under "Maintaining Traffic" elsewhere in these special provisions, and these special provisions. Single lane closure traffic control shall conform to Standard Plan T -10 or T -11. The provisions in this section will not relieve the contractor fro:n his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7 -1.09, "Public Safety," of the speical provisions. During the hours of darkness, as defined in Division I, Section 280, of the Vehicle Code, portable signs shown on the plans to be illuminated shall be, at the option of the Contractor, either; illuminated signs in conformance with the provisions in Section 12- 3.068, "Portable Signs," of the Standard Specifications; or Reflexite vinyl rnicroprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs or Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective sheeting signs; or equal. Each vehicle used to place,maintain, and remove components of a traffic control system on multilane highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or remo✓ing said components. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown on the plans shall not be used on the vehicles which are doing the placing, maintaining, and removing, of components of a traffic control system, and shall be in place before a lane closure requiring its use is completed. If any component in the traffic control system is displaced or ceases to operate or function as specified, from any cause, during the process of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. When lane and ramp closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right of way. 87260 87 -1 January, 1990 10 -16 I 1 After notification of award and at least 15 calendar days prior to ' start of construction, the Contractor may submit to the Engineer, for approval, his proposed traffic plan. A minimum traffic plan is included herein; however, this plan is not mandatory and is included to indicate the required level of detail on a traffic plan submitted. ' The Contractor shall be fully responsible for the adequacy of any traffic plan utilized, including the suggested plan, for conformance ' with his intended construction schedule and staging to provide for its proper implementation. I A meeting between the City and the Contractor shall be held prior to any work being done to discuss all aspects and phases of the traffic control from the construction of the curbs to final paving. Traffic control methods and standards shall be agreed upon before work begins. Signs for traffic control system shall conform to the provisions under "Construction Area Signs" elsewhere in these special provisions, except for payment. The contract lump sum price paid for Traffic Control system shall include full compensation for furnishing all labor, materials (including signs), tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the Traffic Control system and construction area signs as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. The adjustment provisions in Section 4 -1.73, "Changes;" of the Standard Specifications, shall not apply to the item of traffic control system. Adjustments in compensation for traffic control system will be made only for increased or decreased traffic control systems required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased traffic control necessary. Such adjustment will be made on a force account basis as provided in Section 9 -1.03, "Force Account Payment," of the Standard Specifications for increased work, and estimated on the same basis in the case of decreased work. Traffic control system required by work which is classed as extra work, as provided in Section 4 -1.03D of the Standard Specifications, will be paid for as a part of said extra work. 10 -1.13 RAMP CLOSUR -E At the times and locations specified under "Maintaining Traffic" of these special provisions, ramps shall be closed in accordance with the details shown on the plans, the provisions of the latest State of 87260 87 -1 January, 1990 10 -17 California Department of Transportation "Manual of Traffic_ Controls ", Standard Plans, Standard Specifications and these special provisions. The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7 -1.09, "Public Safety," of the Standard Specifications. If any component used for closing a ramp is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to it original location. When ramp closures are made for work periods only, at the end of each work period, all components used for the ramp closure, except portable delineators placed along open tranches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right of way. Full compensation for providing the ramp closures shown on the plans (including signs) shall be considered as included in the contract prices paid for the various items of work and no separate payment will he made therefor. 10 -1.14 TRAFFIC CONTROL FOR TRAFFIC STRIPING During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System For Lane Closure" of these special provisions, or by use of an alternate traffic control plan proposed by the Contractor. The Contractor shall not start traffic stripe operations using an alternate plan until he has submitted his plan to the Engineer and has received written approval of said plan. Alternate traffic control plans for striping operations shall conform to the provisions in Section 7 -1.08, "Public Convenience," 7 -1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Attention is directed to the section entitled "Pavement Markers" of these special provisions in regard to placing pavement markers with bituminous adhesive. The alternate plan shall include the use of not less than two "shadow" vehicles equipped with Type 11 flashing arrow signs conforming to the provisions in Section 12 -3.03, "Flashing Arrow Signs," of the Standard Specifications. The "shadow" vehicles and the application vehicle 87260 87 -1 January, 1990 10 -18 11 shall be equipped with two -way radios and the vehicle operators shall ' maintain communication during the striping operation. The trailing "shadow" vehicle shall weigh between 11,000 and 18,000 pounds and shall be equipped with a truck - mounted crash cushion (TD.ACC). ' The alternate plan shall also include the proposed spacing of the "shadow" vehicles and their operation for the various road conditions to be encountered on the project. (e.g. when placing centerline stripe ' on a two -lane highway, one "shadow" vehicle shall precede the striping vehicle to warn oncoming traffic and other "shadow" vehicle shall follow the striping vehicle to warn traffic overtaking the striping operations.) ' Flashing arrow signs shall be in the travel mode when used on two lane highways. ' The Contractor's attention is directed to the provisions in Section 84 -1.04, "Protection From Damage," of the Standard Specifications. ' The Contractor's attention is directed to the provisions in Section 84 -1.04, "Protection From Damage," of the Standard Specifications. The TMCC shall be designed, constructed, and tested to protect the truck from errant vehicles striking it from the rear and to protect the occupants of the errant vehicle. The TMCC, which includes the collapsing cartridge (attenuator), mounting hardware, and otacr ' accessories, shall meet the following requirements when tested in accordance with National Cooperative Highway Research Program (NCHRP) Report 230 except as noted herein. When mounted on a truck, weighing between 11,000 and 13,000 pounds, equipped with a manual transmission, and with the emergency brakes engaged and truck transmission in second gear, the T-MCC ' assembly shall absorb the energy of passenger vehicles weighing 2,250 pounds and 4,500 pounds traveling at a minimum speed of 45 mph, impacting straight and centered into the rear of the TMCC. ' Either criterion A or B shall be met during each test. A. During impact (from time of initial impact to time of complete rest of both the truck and crash test vehicles) the highest 50 ' millesecond average value of longitudinal acceleration for either crash test passenger vehicle shall not exceed -12gs. ' B. The Occupant Impact Velocity of the impacting passenger vehicles must not exceed 40 feet per second at any time during the impact. The Occupant Ridedown Acceleration shall be less than 20gs. ' 87260 87 -1 January, 1990 10 -19 Other Criteria to be met from NCHRP Report 230 are the Safety Evaluation Criteria in Table 6 including Items C, D, E and H. If Item F is used, the values for F1, F2, F3 and F4 may be 1.0. All TMCCs shall be a minimum of 94 inches wide. The attenuator box shall be designed and constructed so that, when impacted, its components are retained and will not be obstacles to nearby traffic. The entire TMCC unit and accessories shall conform to the provisions of the California Vehicle Code, the Safety Orders of the Division of Occupational Safety and Health, and all Federal and State regulations. The rear face of the attenuator assembly shall have a 12 -inch reflectorized strip centered across the entire width of the attenuator. The strip shall consist of 4- or 6 -inch orange stripes alternating with 4- or 6 -inch white strips at 45 degrees from lower left to upper right. Different size stripes shall not be used in the same strip. Each TMCC shall be individually identified with the manufacturer's name, address, TMCC model number, and a specific serial number. The names and numbers shall each be a minimum 1/2 -inch high, and located on the left (street) side at the lower front corner. The TNICC shall have a message next to the name and model number in 1,/2 -inch high letters which states, "The bottom of this TMCC shall be. inches+ inches above the ground at all points for proper impact performance." Each unit shall be certified by the manufacturer to meet the requirements of these special provisions. Any TMCC which is damaged or appears to be in poor condition must be recertified by the manufacturer. The Engineer shall be the sole judge as to whether used TMCCs supplied under this contract need recertification. The following TMMCC designs have been approved for use as meeting the above requirements: llexfoam TMA Series 3000 and Alpha 1000 TMA Series 1000 Manufacturer: Energy Absorption Systems, Inc. 3617 Cincinnati Avenue Rocklin, California 95677 Telephone(916) 645 -8181 87260 87 -1 January, 1990 10 -20 Distributor: Traffic Products Company P.O. Box 1030 Rocklin, Caliiornia 95677 -1030 Telephone (916) 624 -9717 j 1 1 Upon approval of a TMCC design, 4 sets of plans and specifications shall be submitted to the Transportation Laboratory. Upon approval, Cal T -001 Model 2 or Model 3 the modified TMCC shall be assigned a new model number and 4 sets 'Aanuf act urer: Distributor: 1 Laboratory. Full compensation for providing traffic control for appluing traffic Hexcel Corporation Hexcel Corporation 11711 Dublin Blvd. 11711 Dublin Blvd. control system and no separate payment will be made therefor. P.O. Box 2312 P.O. Box 2312 Dublin, Calfiornia 94568 Dublin, California 94568 Telephone: (415) 828-4200 Approval for new TDACC designs shall be obtained by submitting a short by complete report of the crash tests as described on pages 12, 14 and 35 of NCHRP Report 230; films of the crash tests showing 1 ground targets, car and truck targets, and a timing device for obtaining the speed of the car and truck during initial impact and thereafter; complete dimensioned scale drawings of the entire TR.ICC assembly; specifications for all materials that affect the impact performance of the TMCC; and a brief description of any quality control program the manufacturer will use to assure uniformity of the critical materials and /or components of the TMCC. This 1 information shall be submitted for evaluation and approval to: Structures Research Section Transportation Laboratory P.O. Box 19128 5900 Folsom Boulevard Sacramento, California 95319 1 Upon approval of a TMCC design, 4 sets of plans and specifications shall be submitted to the Transportation Laboratory. Upon approval, the modified TMCC shall be assigned a new model number and 4 sets of plans and specifications shall be submitted to the Transportation Laboratory. Full compensation for providing traffic control for appluing traffic stripes and pavement markers with bituminous adhesive shall be considered as included in the contract lump sum price paid for traffic control system and no separate payment will be made therefor. ' 10 -1.15 TEMPORARY PAVEMENT DELINEATION Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in Section ' 12 -3.01, "General," of the Standard Specifications and these special provisions. Nothing in these special provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic 1 Controls published by the Department or as relieving the Contractor from his responsibility as provided in Section 7 -1.09, "Public Safety," of the Standard Specifications. 87260 87 -1 ' January, 1990 10 -21 1 GENERAL Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opning the traveled way to public traffic. Laneline or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. TEMPORARY LANELINE AND CENTERLINE DELINEATION When temporary laneline and centerline delineation is not shown on the plans, the Ianelines and centerlines shall be delineated with temporary reflective raised pavement markers placed at longitudinal intervals of not more than 24 feet apart. Temporary reflective raised pavement markers shall be the same color as the laneline or centerline the markers replace. Temporary reflective raised pavement markers shall be, at the option of the Contractor, one of the following or equal. Temporary Overlay Marker (Types Y and W) manufactured by Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, Telephone (206)251 -8140. Safe -Hit Temporary Pavement Marker, manufactured by Safe -Hit Corporation, 1930 West Winton Avenue, Building #11, Hayward, CA 95545, Telephone (415)783 -6550. 87260 87 -1 January, 1990 10 -22 I LJ I I I I I I F I F I I I 7 J I I I Swareflex Pavement Marker (Models 3553, 3554, Cat Eyes Nos. 3002 and 3004), manufactured by Swareco and distributed by Servtech Plastics Inc., 1711 South California Street, Monrovia, CA 91016. Telephone (818)359 -9248. ' Stimsonite Construction Zone Marker (Model 66), manufactured by Flex- O -Lite, Lukens Company, P.O. Box 4366, St. Louis, MO 63123 -0166, Telephone (800) 325 -9525. ' 3M Scotch -Lane A200 Pavement Marking System (reflective raised pavement marker on reflective traffic line tape), manufactured by 3M Company, Highway Safety Products, 1010 ' Hurley Way, Suite 300, Sacramento, CA 95825, Telephone (916) 924 -9605. MV Plastics Ship Seal Marker 0280/1281 Series with Reflexite Polycarbonate, PC 1000, reflector unit), manufactured by MV Plastics, Inc., 533 W. Collins Avenue, Orange, CA 92667, Telephone (714) 532 -1522. I 11 [1 Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Temporary laneline or centerline delineation consisting entirely of temporary reflective raised pavement markers placed on longitudinal intervals of not more than 24 feet, shall be used on lanes opened to public traffic for a maximum of 14 days. Prior to the end of the 1 days the permanent pavement delineation, except permanent pavement markers, shall be placed. If the permanent pavement delineation, exclusive of permanent pavement markers, is not placed within 14 days, the Contractor shall provide, at his expense, additional temporary pavement delineation. The additional temporary pavement delineation to be provided shall be equivalent to the pattern specified for the permanent pavement delineation, as determined by the Engineer. Where "no passing" centerline pavement delineation is obliterated, the following "no passing" zone signing shall be installed prior to opening the lanes to public traffic. C18 "ROAD CONSTRUCTION AHEAD" or C23 "ROAD WORK AHEAD" signs shall be installed from 1,000 feet to 2,000 feet ahead of "no passing" zones. R63 "DO NOT PASS" signs shall be installed at the beginning and at every 2,000 foot 87260 87 -1 January, 1990 10 -23 intervals within "no passing" zones. R64 "PASS WITH CARE" signs shall be installed at the end of "no passing" zones. The exact location of "no passing" zone signing will be determined by the Engineer and shall remain in place until permanent "no passing" centerline pavement delineation has been applied. The signing for "no passing" zones shall conform to the requirements in Section 12 -3.06, "Construction Area Signs," of the Standard Specifications, except for payment. Temporary laneline and centerline pavement delineation shall be removed when, as determined by the Enginee, the temporary lanoline and centerline delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. TEMPORARY TRAFFIC STRIPING, PAVEMENT MARKINGS AND PAVEMENT MARKERS Temporary pavement delineation consisting of temporary traffic stripes, temporary pavement markings and temporary pavement markers shall be applied at the locations shown on the plans. The temporary traffic stripe, temporary pavement -narking and temporary pavement markers shall be complete in place at the location shown, prior to opening the traveled way to public traffic. Except as otherwise provided below, a removable type traffic tape shall be used for temporary traffic stripes and temporary pavement markings. The removable type traffic tape shall b�, at the option of the Contractor, one of the following or equal: "5TAMARK" Brand Pavement Tape Detour Grade Series 5710, manufactured by 3M Company, Highway Safety Products, Suite 300, 1010 Hurley %Vay, Sacramento, CA 95825, Telephone (916) 924 -9605. "Cata -Tile" Removable Tape, Reflectorized Roadmarking Tile, manufactured by the Cataphote 'Division of Ferro Corporation, P.O. Box 2369, Jackson, x.15 39225 -2369, Telephone (601) 939- 4612 or (800) 221 -2574. Removable type traffic tape shall be applied in accordance with the manufacturer's installation instructions and shall be rolled slowly with a rubber tied vehicle or roller to enfure complete contact with the pavement surface. Traffic stripe tape shall not be applied, when the air or pavement temperature is less than 50 06 F., unless the installation procedures to be used are approved by the Engineer, prior to beginning installation of the tape. 87260 87 -1 January, 1990 10 -24 n I Traffic tape shall be removed, when as determined by the Engineer, ' it is no longer required for the direction of public traffic, conflicts with a new traffic pattern, or it is applied to the final layer of surfacing or existing pavement to remain in place. ' Where removal of temporary traffic stripes or pavement markings will not be required, as determined by the Engineer, the Contractor may use painted traffic stripes and pavement markings in place of removable type traffic tape for temporary traffic stripe and ' temporary pavement marking. Painted traffic stripes and pavement markings used in place of removable traffic stripe tape shall conform to the section entitled "Paint Traffic Stripes and Pavement Markings" ' of these special provisions, except for measurement and pay nent. Payment for painted traffic stripes and pavement markings used in place of removable traffic type tape will be made on the basis of the theoretical quantities of temporary traffic stripe and temporary pavement markings required for the area the painted traffic stipes and pavement markings replace. Where the temporary traffic stripe pattern shown on the plans, for lanelines or centerlines, consists entirely of broken strips., the Contractor may use groups of temporary pavement markers in place of removable type traffic tape to delineate the broken temporary ' traffic stripe. The temporary pavement markers shall be either of the removable type temporary pavement markers specified below. The groups of markers shall be spaced as shown on the plans for a similar pattern of permanent traffic line, except markers shown to be placed in the gap between the broken traffic lines will not be required. The kind of laneline and centerline delineation selected b >' the Contractor shall be continuous within a given location. Payment for temporary pavement markers used in place of tremovable type traffic tape, to simulate patterns of broken stripe, will be made on the basis of the theoretical quantities of temporary traffic stripe and temporary pavement markers required for the pattern the markers replace. Except as otherwise provided below, temporary pavement ' markers shown on the plans shall be, at the option of the Contractor, either of the following removable type temporary reflective raised pavement markers or equal: 1 1 87260 87 -1 ' January, 1990 Swareflex Pavement Marker (Models 3553 and 3554), manufactured by Swareco and distributed by Servtech Plastics Inc., 1711 South California Street, Monrovia, CA 91016, Telephone (818) 359 -9248. Stimsonite Construction ?one Marker (Model 66), manufactured by Amerace Corporation, Signal Products Division, 7542 North Natchez Avenue, Niles, IL 60648, Telephone (312) 647 -7717. 10 -25 Temporary pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary pavement markers sgall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary pavement markers in areas where removal of the markers will be required. Temporary pavement markers which conflict with a new traffic pattern, or applied to the final layer of surfacing or existing pavement to remain in place, shall be removed, when no longer required for the direction of public traffic, as determined by the Engineer. The Contractor may use reflective pavement markers for temporary pavement markers except when the temporary pavement markers are used to replace patterns of temporary traffic stripe. Reflective pavement markers used inplace of the removable type pavement markers shall conform to the section entitled "Pavement Markers" of these special provisions except; the 14 -day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in Section 85 -1.06, "Placement," of the Standard Specifications shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where the removal of the markers will be paid for as temporary pavement markers. MEASUREMENT AND PAYMENT Full compensation for furnishing, placing, maintaining, and removing the temporary reflective raised pavement markers, used for the temporary laneline and centerline delineation which is not shown on the plans, including the signing specified for "no passing" zones; and for providing equivalent patterns of the permanent traffic lines when required; shall be considered as included in the contract prices paid for the items of work that obliterated the laneline and centerline pavement delineation and no separate payment will be made therefor. 10 -1.16 BARRICADES Type III barricades shall be furnished, placed, and maintained at the locations designated by the Engineer, shown on the plans, or specified and shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. At the time of completion of the project, certain barricades shall be left in place as directed by the Engineer. In addition to the contract unit price paid for Type III barricades, the cost of leaving the barricades in place will be paid for at the contract unit price for barricade (left in place). Warning lights shall be used where directed by the Engineer. Warning 87260 87 -1 January, 1990 10 -26 I 'LI ' Temporary railing (Type K) shall be placed at the locations shown on the plans, specified herein or in the Standard Specifications or ordered by the Engineer and shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the ' Standard Specifications and these special provisions. The first paragraph in Section 12 -3.08, "Temporary Railing (Type K);' ' of the Standard Specifications is amended to read: Temporary Railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. ' Exposed surfaces of new and used units shall be freshly coated with a white color paint prior• to their first use onn the project. The paint shall conform to the provisions in Section 91 -4.05, "Paint; Acrylic ' Emulsion, Exterior White and Light and Medium Tints." The last sentence of the seventh paragraph in Section 12 -3.08, "Temporary Railing (Type K)," of the Standard Specifications is ' deleted. Temporary Railing may have the Contractor's name or logo on each panel. The name or logo shall not be more than 4 inches in height and ' shall be located not more than 12 inches above the bottom of the rail panel. lights shall conform to Section 5 -06.5 of the latest State of t California Department of Transportation "Manual of Traffic ' Controls ". Type A, B, or C warning lights shall be specified by the Engineer. ' bridge deck locations shall be considered as included in the lump sum ' contract price bid for Temporary Railing (Type K) and Temporary Crash Cushion Modules. ' 10 -1.17 TEMPORARY RAILING ' Temporary railing (Type K) shall be placed at the locations shown on the plans, specified herein or in the Standard Specifications or ordered by the Engineer and shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the ' Standard Specifications and these special provisions. The first paragraph in Section 12 -3.08, "Temporary Railing (Type K);' ' of the Standard Specifications is amended to read: Temporary Railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. ' Exposed surfaces of new and used units shall be freshly coated with a white color paint prior• to their first use onn the project. The paint shall conform to the provisions in Section 91 -4.05, "Paint; Acrylic ' Emulsion, Exterior White and Light and Medium Tints." The last sentence of the seventh paragraph in Section 12 -3.08, "Temporary Railing (Type K)," of the Standard Specifications is ' deleted. Temporary Railing may have the Contractor's name or logo on each panel. The name or logo shall not be more than 4 inches in height and ' shall be located not more than 12 inches above the bottom of the rail panel. Where shown on the plans, threaded rods or dowels shall be bonded in ' holes drilled in the existing concrete bridge decks. Drilling holes and bonding dowels shall conform to the details shown on the plans, the provisions in Section 83- 2.021)(1), "General," of the Standard ' Specifications. Full compensation for drilling holes and bonding threaded rods or dowels to secure the Temporary Railing (Type K) in place at existing ' bridge deck locations shall be considered as included in the lump sum contract price bid for Temporary Railing (Type K) and Temporary Crash Cushion Modules. ' 10 -1.18 CONSTRUCTION AREA LIGHTING All working areas utilized by the Contractor to perform work during ' the hours of darkness, shall be lighted to conform to the minimum illumination intensities established by California Division of Occupational Safety and Health Construction Safety Orders. ' 87260 87 -1 January,1990 10 -27 All lighting fixtures shall be mounted and directed in a manner precluding glare to approaching traffic. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work involved and no additional payment will be allowed. 10 -1.19 TEMPORARY CHAIN LINK FENCE (Type CL -6) Temporary chain link fence (Type CL -6) shall be furnished and constructed, maintained and later removed as directed by the Engineer and as specified in Section 80 -4, "Chain Link Fence," of the Standard Specifications and these special provisions. Good sound used fabric and posts may be used. Concrete footings will not be required on line posts. When no longer needed in the work, the fence shall become the property of the Contractor and shall be disposed of in accordance with the provisions in Section 7 -1.13 of the Standard Specifications. Removed temporary fence material that is not damaged and whose dimensions do conform to the requirements for new material may be used in the new work. Full compensation for the construction, maintenance and removal of temporary chain link fence shall be considered as included in the contract prices paid for the various items of work involved and no additional payment will be allowed. 10 -1.20 EXISTING HIGHWAY FACILITIES The work performed in connection with various existing highway facilities shall conform to the provisions in Section 14, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Plans of the existing bridge are available for inspection at the following offices of the Department of Transportation: Office of Structures Design, Specifications Section, 3rd Floor, 1801 30th Street, Sacramento, California. Plans of existing bridges available at the above locations are original contract plans with significant changes noted and do not necessarily show normal construction tolerances and variances. Where dimensions of new construction required by this contract are dependent on the dimensions of existing bridges, the Contractor shall verify the controlling field dimensions and shall be responsible for adjusting dimensions of the work to fit existing conditions. 87260 87 -1 January, 1990 10 -28 I ' 10 -1.21 REMOVE RCP STORM DRAIN, REMOVE DRAINAGE STRUCTURES ' Existing box culverts, inlets, headwalls and endwalls, where any portion of such structures is within 3 feet of the grading plane in excavation areas, or within one foot of original ground in embankment areas, or where shown on the plans to be removed, shall ' be completely removed and disposed of. These items include the removal and disposal of the existing 24 -inch drain lines and drainage structures at the locations shown in the ' project drawings. All removals shall conform to the applicable portions of Section 16 of the Standard Specifications. ' This item shall also include the backfilling and if necessary repaving of trench once the pipe or structures are removed. Payment for these items shall be made at the contract or unit price ' per lineal foot or each item removed and shall include full compensation for all tabor, materials and equipment required to perform the work as shown on the construction plans. No additional compensation shall be allowed. 10 -1.22 ADJUST FRAMES AND COVERS AND FRAMES AND GRATES TO GRADE Frames and covers and frames and grates of existing manholes, inlets, or other facilities shall be adjusted to grade in accordance with the provisions in Section 15 -2.05, "Reconstruction," of the ' Standard Specifications. I I A. ADJUST MANHOLES TO GRADE 87260 87 -1 January, 1990 Work under this item shall consist of adjusting storm drain and sewer manhole frame and covers to the finished pavement grade. P.C.C. shall be Class A as specified in Section 90 of the Standard Specifications. Frames and covers of existing manholes shall be adjusted to grade in accordance with the provisions in Section 15 -2.05, "Reconstruction," of the Standard Specifications and these Special Provisions. If the Contractor elects to not utilize a raising device, the following method shall be utilized: 11102M' After the asphalt concrete pavement placement has been completed, circular holes shall be cut where the manhole exists. The I.D. of the circular hole shall be at least 24 inches larger than the O.D. of the manhole. 2. The manhole frame and cover shall then be raised to the finished pavement grade. The manhole frame and cover shall be suitably blocked and grouted in place to the satisfaction of the Engineer. 3. A concrete collar shall be poured around the manhole frame and cover to within 2 inches of finished pavement grade. Said collar shall have a minimum depth of 8 inches and be placed on 4 -inch A.B. thoroughly compacted. 4. After concrete has cured sufficiently, it shall be tack coated and asphalt concrete shall be placed to finish pavement grade. All manholes shall be thoroughly cleaned of any constructed debris which may have entered due to the Contractor's operation. Payment for this item shall be at the contract unit price bid for adjust existing manhole to grade and shall include full compensation for furnishing all labor, materials including asphalt concrete aggregate base, tools, equipment and incidentals to accomplish the work as specified herein. No additional compensation shall be allowed. B. ADJUST WATER VALVE COVER Covers of existing water valves and survey monuments or other facilities shall be adjusted to grade in accordance with the provisions in Section 15 -2.05, "Reconstruction," of the Standard Specifications and these special provisions. Adjustment of survey monuments or other facilities will be measured and paid for as adjust water valve cover. This work shall consist of adjusting valve covers to finished pavement grade per the utility owner's standards and the following: 87260 87 -1 January,1990 10 -30 I 1 37260 87 -1 ' January, 1990 10 -31 H Thermoplastic traffic stripes and painted traffic stripes and pavement markings and pavement markers to be removed will be I. The Contractor shall protect the existing facilities in Where blast cleaning is used for the removal of traffic stripes and place during construction and shall adjust them to final pavement markings or for removal of objectionable material, and pavement grade after paving has been completed. 2. After the asphalt concrete pavement overlay has been removed immediately after contact between the sand and the surface ' completed, circular holes shall be cut where the valve can operating concurrently with the blast cleaning operation. exist. The I.D. of the circular hole shall be at least Nothing in these special provisions shall relieve the Contractor from twenty -four inches (24 ") larger than the O.D. of the water the Standard Specifications. valve can. ' 3. The valve can shall then be adjusted to the finished markers, and pavement markings shall be included in the lump sum pavement grade. The valve can shall be suitably blocked price bid for Traffic Striping, Pavement Markings and Pavement and grouted in place to the satisfaction of the Engineer. 4. A concrete collar shall be poured around the water valve can up to two inches (2 ") from finished pavement grade. ' S. Existing survey monuments shall be properly tied -in to points outside the limits of construction. Tie -ins shall be provided to the owner prior to demolition of existing monuments for verification and future reference for re- establishing monuments. 10 -1.23 REN40VE TRAFFIC STRIPES, PAVEMENT P.IARKERS AND PAVEMENT MARKINGS 1 37260 87 -1 ' January, 1990 10 -31 H Thermoplastic traffic stripes and painted traffic stripes and pavement markings and pavement markers to be removed will be designated by the Engineer. Where blast cleaning is used for the removal of traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the sand and the surface ' being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section 7 -1.09, "Public Safety," of the Standard Specifications. ' Removal of existing striping, pavement markers, and pavement markings which are in conflict with the proposed striping, pavement markers, and pavement markings shall be included in the lump sum price bid for Traffic Striping, Pavement Markings and Pavement Markers and no additional compensation will be allowed. 1 37260 87 -1 ' January, 1990 10 -31 H I 1 10 -1.24 REDAOVE ROADSIDE SIGNS Existing Roadside Signs, at locations shown on the plans to be removed, shall be removed and disposed of. Existing Roadside Signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traffic, unless otherwise directed by the Engineer. 1 Removal and disposal of existing Roadside Signs shall be included in the lump sum price bid for Roadside Signs and no additional compensation will be allowed. 10 -1.25 DUST CONTROL AND SITE CLEANUP The entire Section 10, "Dust Control," is superseded by the following; Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. , When required by these Special Provisions, the Contractor shall furnish and operate a self - loading motor sweeper with spray nozzle:; at least once each working day to keep paved areas acceptably clean wherever construction including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be absorbed in the Contractor's bid. Care shall be taken to prevent spillage on haul routes. If spillage occurs, it shall be removed immediately and the area cleaned. Excess excavated material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may ' remain for use as backfill if permitted by the Engineer. Forms and form lumber shall be removed from the site as soon as practicable after stripping. 87260 87 -1 January, 1990 10 -32 ' 1 I 1 ' Earth dams will not be permitted at catch basin openings, local depressions, or elsewhere, except in time of emergency. Temporary dams of sand bags, asphaltic concrete or other acceptance material may be permitted when necessary to protect the work, provided their use does not create a hazard or nuisance to the public. Such dams 1 shall be removed from the site as soon as their use is no longer necessary. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is ' corrected. No additional compensation will be allowed as a result of such suspension. Full compensation for all cleanup and dust control shall be considered as included in the prices bid for the various contract items of wort: and no additional compensation will be allowed therefor. r10 -1.26 BRIDGE REMOVAL (PORTION) Removing portions of the Newport Beach Channel Bridge shall conform to the requirements in Section 15 -4, "Bridge Removal," of the Standard Specifications and these special provisions. Portions of the bridge to be removed include the following: - the wooden bulkhead near Abutment 1, the existing sidewalk, and concrete barrier. - portions of the existing girders, deck slabs, tops of bent caps and abutment backwalls. - the existing navigation lights. The navigation lights to be removed shall be salvaged and delivered to the Engineer. Salvaging navigation lights shall conform to t: .c requirements specified in Section 15 -2.04, "Salvage" of the Standard Specifications. LJ I Full compensation for salvaging the navigation lights shall be considered as included in the contract lump sum price paid for bridge removal (portion) and no additional compensation will be allowed therefor. The following additional requirements apply to the removal of portions of bridges whenever the removal work is to be performed over the pedestrian /bikeway or the channel. 87260 87 -1 January, 1990 A protective cover supported by falsework or members of the existing structure shall be constructed before beginning bridge removal unless otherwise approved in writing by the Engineer. 10 -33 I I The construction and removal of the protective cover shall conform to the requirements under "IMaintaining Traffic" of these special provisions. The protective cover shall be designed and constructed in conformance with Section 51 -1.06, "Falsework," of the Standard Specifications, and the following: The protective cover structure shall prevent any materials, equipment or debris from falling onto the pedestrian /bikeway or the channel. The ceiling of the protective cover shall have a minimum strength equivalent to that provided by good, sound Douglas fir planking having a nominal thickness of 2 inches. Additional layers of material shall be furnished as necessary to prevent fine materials or debris from sifting down upon the pedestrian /bikeway and channel. 2. During the removal of bridge segments, and when portions of said bridge, such as deck slabs or box girdle; slabs, comply with the requirements for the protective cover, a separate protective cover need not be constructed. 3. The Contractor shall be responsible for designing and constructing safe and adequate protective cover, and shoring and falsework needed to support the protective cover, all with sufficient strength and rigidity to support the entire load to be imposed. 4. Bridge removal methods shall be described in the working drawings and calculations in sufficient detail to substantiate live loads used in the protective cover design. Dead and live load values assumed for design in the protective cover shall be shown on the working drawings. 5. Before removal, the protective cover shall be cleaned of all debris and fine materials. 6. The protective cover shall extend at least 8 feet beyond the side of the bridge measured from the outside face of the bridge railing. 7. The protective cover shall provide the clearances specified under "Maintaining Traffic" of these special provisions. False work or supports for protective cover shall not extend below the vertical clearance level nor to the ground line at any location within ' the roadbed. 87260 87 -1 January, 1990 10 -34 I 11 I The construction of the protective covering as herein specified shall in no way be construed to relieve the Contractor of his responsibility as specified in Section 7 -1.12, "Responsibility for Damage," of the Standard Specifications. ' 10 -1.27 REMOVE TIMBER PILE DOLPHINS This work shall consist of removing existing timber pile dolphins, at locations shown on the plans, as directed by the Engineer and as ' required in these special provisions. Timber piles and pile stubs shall be removed to or cutoff one foot below the mudline. Remove existing timber pile dolphins shall also consist of removing any drift or other material which may have collected around the timber pile dolphins. Materials removed shall be disposed of outside the highway right of way in accordance with the provisions in Section 7 -1.13 of the Standard Specifications. The contract lump sum price paid to remove timber pile dolphins shall include full compensation for furnishing for all labor, materials, tools, equipment and incidentals and for doing all the work involed in removing the existing timber pile dolphins, including removing drift and other material, complete in place, as shown on the plans, as I specified in the Standard Specifications and these special provisions and as directed by the Engineer. 10 -1.28 JACK BRIDGE SPAN This work shall consist of jacking Span 3 of the existing superstructure to grade and shimming it in place. Jack bridge span shall be done in conformance with the details shown in the plans and the provisions specified herein. The work includes jacking span 3 of the superstructure of the existing bridge a maximum of one inch in elevation to bring it to grade with the adjacent spans. GENERAL I I I Attention is directed to "Maintaining Traffic" "Order of Work" of the special provisions. The Contractor shall be responsible for the methods and equipment used to jack the superstructure and for the design of temporary supports. 87260 87 -1 January, 1990 10 -35 At least 15 days before starting the work the Contractor shall submit to the Engineer complete details and working drawings of the methods and equipment he proposes to use in accordance with the provisions in Section 5 -1.02, "Plans and Working Drawings," of the Standard Specifications. The plans of the existing bridges are available for inspection at the locations specified in "Existing Highway Facilities" of these special provisions. Temporary supports for the structure shall conform to the provisions in falsework, in "Concrete Structures" of these special provisions. Adequate means shall be employed to prevent unplanned lateral and longitudinal movement of the superstructure. The falsework, jacks, and the superstructure shall be stable during all phases of the operation. The Contractor shall design and construct suitable strengthening and stiffening members for the superstructure to permit jacking operations without damage to the superstructure. Jacking operations shall be carried out in a uniform manner so that no distortion that would cause damage will be jacked into the superstructure. The Engineer will determine the elevation to which the superstructure will be jacked. The Contractor shall furnish galvanized sheet metal shires in 1/8 -inch increments up to a maximum thickness of one inch for permanent shimming at the supports, as shown on the plans. Final shimming shall be as determined by the Engineer. Damage to the structure as a result of the Contractor's operations shall be repaired or replaced in accordance with the requirements for new work of similar character by the Contractor at his expense. When jacking operations have been completed, all strengthening and stiffening members installed on the superstructure for jacking operations shall be removed and the superstructure restored substantially to the condition existing at the time of beginning work under this contract, except where permanent laterations are shown on the contract plans, or where the Contractor's working drawings detailing permanent strengthening or stiffening members have been approved by the Engineer. 87260 87 -1 January, 1990 10 -36 I F v I I I I LJ LI I I I I When jacking operations have been completed, all temporary falsework, supports, cribbing and blocking, jacking assemblies, and strengthening members shall be removed. All such materials shall be disposed of in accordance with the requirements in Section 7 -1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. Jack bridge span will be paid for on the basis of a contract lump sum price. The contract lump sum price paid for jack bridge shall include full ' compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in jacking Span 3 of the bridge superstructure, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as ' directed by the Engineer. 10 -1.29 MODIFY DECK EXPANSION JOINT This work shall consist of removing existing joint seals and portions of concrete adjacent to joints, applying epoxy adhesive bond coats, and furnishing, placing, and finishing concrete to provide continuous deck areas in accordance with the requirements in these special provisions. Attention is directed to "Order of Work" of these special provisions. rSurfaces of modified expansion joints shall not vary more than 0.92 foot from the lower edge of a 12 -foot straightedge. The concrete in deck areas where deck joints are to be modified shall be removed to a depth of approximately 3/4 inch below the adjoining deck surface. A cut 3/4 inch deep shall be inade with an abrasive saw along the perimeter of areas prior to removing concrete. Concrete removal may be done by abrasive blast cutting, abrasive sawing, impact tool cutting, machine rotary abrading, or other ' methods, all to be approved by the Engineer. Cut areas shall be cleaned free of dust and all other loose and deleterious materials by brooming and high pressure air jets. Equipment shall be fitted with suitable traps, filters, drip pans or other devices to prevent oil or other deleterious matter from being deposited on the deck. Attention is directed to Section 7 -1.09, "Public Safety," of the ' Standard Specifications and these special provisions. When work is being performed within 10 feet of a traffic lane, dust and residue from deck preparation and cleaning shall be removed or controlled by vacuum, water spray, or shield methods approved by the Engineer. 37260 37 -1 January, 1990 10 -37 Existing reinforcement, exposed during the removal of concrete, that is to remain in place shall be protected from damage. An epoxy adhesive shall be applied to the surfaces of the deck where joints are to be modified before placing Portland cement concrete filling. The area to be covered shall be surface dry and the ambient temperature shall be 50 degree F. or above when the adhesive is applied. The epoxy adhesive shall be furnished and applied in accordance with the provisions in Section 95 -1, "General," and 95 -2.03, "Epoxy Resin Adhesive for Bonding New Concrete to Old Concrete," of the Standard Specifications. Whenever the ambient temperature is below 65 degrees F., Type 11 epoxy shall be used. The exact rate of applying epoxy adhesive shall be as ordered by the Engineer. The adhesive shall be worked onto the surface with stiff brushes or equal. Portland cement concrete used to fill prepared areas shall conform to the provisions in Section 90, "Portland Cement Concrete," of the Standard Specifications and the following: The concrete shall contain a minimum of 658 pounds of portland cement per cubic yard. The aggregate shall contain between 50 and 55 percent fine aggregate and the remainder shall be pea gravel. The grading of pea gravel shall be such that 100 percent passes the 1/2 inch screen and not more than 5 percent passes the No. 16 sieve, unless a larger size is ordered by the Engineer. Admixtures shall be furnished and used if ordered by the Engineer. The penetration of the concrete without admixtures shall be between zero and 112 inch. The penetration of the concrete with admixtures may be between zero and one inch, provided that the amount of water is not increased. Immediately after depositing on the newly placed adhesive, the Portland cement concrete filling shall be thoroughly consolidated until all voids are filled and free mortar appears on the surface and then struck off to the required grade. In advance of curing operations, the surface of the concrete shall be textured by broorning with a stiff bristled broom or by other suitable devices which will result in uniform scoring. Brooming shall be performed transversely. The operation shall be performed at a time and in a manner to produce a hardened surface having a uniform texture and a coefficient of friction of not less than 0.35 as determined by California Test 342. 87260 87 -1 January, 1990 10 -38 I I I I I i I I I I 11 I I I I L I I [1 I I I I 10 -1.30 I I I10 -1.31 I I Refinished surfaces that are found to have a coefficient of friction less than 0.35 shall be ground or grooved by the Contractor at his expense in accordance with the applicable requirements in Section 42, "Groove and Grind Pavement," of the Standard Specifications. Concrete shall be cured as provided in Section 90 -7.03, "Curing Structures," of the Standard Specifications, except that surfaces of the deck where joints have been modified shall only be cured by the water method. Epoxy- coated bar reinforcing steel shall conform to the requirements specified in "Epoxy- Coated Reinforcing Steel" of these special provisions. Modify deck expansion joint will be measured by the linear foot from end to end along the centerline on the modified deck expansion joint. WATER The provision of water for use in performing the various items of work in the contract shall be the Contractor's responsibility. Full compensation for developing a water supply and applying water shall be considered as included in the prices bid for the various items of work involving the use of water, and no additional payment will be allowed. SAFETY PERMIT AND TRENCH SAFETY The Contractor's attention is directed to the "Construction Safety Orders" issued by the Division of Industrial Safety of the State of California and to Sections 6422 and 6424 of the Labor Code. The Contractor shall comply with the requirements of said safety orders and, in accordance with Section 6424, shall obtain a permit from said division authorizing the excavation herein contemplated. When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled ' way, shoulder and auxiliary lanes. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right -of -way. I Upon completion of the work requiring lane closure, all components of the traffic control system shall be removed from the site of the work and shall become the property of the Contractor. 87260 87 -1 January, 1990 10 -39 In addition, the Contractor shall submit to the City a copy of the permit along with a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection ' in accordance with Sections 6422 and 6423 of the Labor Code. If such plan varies from the shoring system standard established by the State of California Division of Industrial Safety, the plans shall be prepared by a registered civil or structural engineer. The safety of the shoring, bracing, or protection installed or provided is the basic responsibility of the Contractor and the Contractor and his engineer shall in no way be relieved of their legal or professional responsibilities for safety of excavations by City's acceptance of plans. 10 -1.32 CONSTRUCTION STAKING i This work shall consist of furnishing and setting construction stakes and marks by the Contractor to establish the lines and grades ' required for the completion of the work as shown on the plans and as specified in the Standard Specifications and these special provisions. Except as provided herein for establishment of horizontal and r vertical control and right of way staking by the Engineer, all other specifications, including the requirements in Section 5 -1.07, "Lines and Grades," of the Standard Specifications, which require the establishment of lines and grades by the Engineer shall not apply to this contract. Before starting any survey work, the Contractor shall submit in writing for approval by the Engineer, the proposed procedures, methods, equipment, and typical stake markings to be used. All procedures, methods, and typical stake markings shall be in accordance with Chapter 11, Construction Surveys, of the ' Department of Transportation. publication entitled "Surveys Manual ". Copies of this portion of the "Surveys Manual" are available to the Contractor, free of charge, at the Department of Transportation, Plans -and Bid Documents counter, Room 39, 1120 N Street, P.O. Box 942874, Sacramento, CA 94274 -0001. Construction staking shall be performed as necessary to control the , work. Construction stakes and marks shall be furnished and set with accuracy adequate to assure that the completed work conforms to the lines, grades, and sections shown on the plans. , The Engineer will furnish survey data to the Contractor for the construction control surveys - horizontal and vertical, as shown on the plans and as described in Chapter 11, Sections 11 -02 and 11- ' 87260 87 -1 January,1990 10 -40 i 1 03, of said "Surveys Manual ". In the event the Contractor's operations destroy any of the Engineer's survey control points, the Contractor shall either replace such control points at his expense, subject to verification by the Engineer, or request the Engineer to replace the destroyed control points. If requested to replace the control points, the Engineer will do so within 10 working days. The cost of any such verification or replacement of the Engineer's control surveys will be deducted from any moneys due or to become due the ' Contractor. The Contractor will not be allowed any adjustments in contract time for such verification or replacement of survey control points by the Engineer. All horizontal and vertical survey control monuments shown on the survey control data sheet (CSS -1) shall be checked by the contractor for description. Location and accuracy, prior to their use. The contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and bench marks located within the limits of the project. If any of the above require removal, relocating or resetting, the contractor shall, prior to any construction work and under the supervision of a California - licensed land surveyor or pre -1972 licensed civil engineer, establish sufficient temporary ties and bench marks to enable the points to be reset after completion of construction. Any ties, monuments and bench marks disturbed during construction shall be reset per Caltrans standards after construction and the tie notes submitted to the Caltrans Survey Branch on 8 1/2 X 11 note paper. The contractor and his sureties shall be liable for, at his expense, any resurvey required due to his negligence in protecting 1 existing ties, monuments, bench marks or any such horizontal and vertical controls. The contractor shall comply with The Land Surveyors Acts 1)8771 (Record of Surveys - Monumentation) and //8773 (Corner Records - Records of Survey for "Lost Corners "). Survey points, lines and monuments shall be established, marked, identified and referenced in accordance with the Caltrans Survey Manual. Survey notes, drawings, calculations and other survey documents /materials shall be completed and delivered to the District Survey Engineer on survey note -pads provided by the Engineer. The Contractor shall set and record permanent survey control points ' in reference to the new center line /station line includin ramps, Points to be referenced include: beginnings and ends of curves BCs and ECs); mid - points of curves (MPCs) with a length exceeding 1100 feet; points on tangent (PO Ts) no more than 1200 feet apart; and beginning and endings of ramp station lines. The points shall consist of Caltrans washers or tags fastened to the 87260 87 -1 ' 7anuary,1990 10 -41 pavement with boat spikes or lead and tacks, and are to be set 0.05 feet below the plane of the pavement's finished surface. The control points shall be set in the outer shoulder of the road way not less than 6 feet from the outer edge of the traveled way, the exact location shall be determined by the engineer. Caltrans Type D monuments shall be set at all ramp and local street intersections. Caltrans washers, survey note paper and Type D monument caps will be furnished by the State. Field surveys for control of construction shall be the responsibility of the Contractor. The Contractor shall be wholly responsible for the lines and grades and for the stakes and marks for the construction of all improvements shown on the plans. All computations necessary to establish the exact position of the work from control points shall be made tby the Contractor. All computations, survey notes, and other records necessary to accomplish work shall be neat, legible and accurate. Copies of such computations, notes and other records shall be furnished to the Engineer prior to beginning work that requires their use. Construction stakes shall be removed from the site of the work when no longer needed. Upon completion of construction staking and prior to acceptance of the contract, all computations, survey notes, and other data used to accomplish the work shall be furnished to the Engineer. All computations and final survey notes shall be reviewed and accepted by the Department of Transportation District 12 Survey Engineer. Prior to completion of contract, and shall become the property of the State before the acceptance of the contract. Construction staking will be paid for on the basis of a lump sum price. The contract lump sum price paid for construction staking shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing constructions taking, as shown on the plans, as specified in these special provisions, and as directed by the Engineer. u i I 1 I I I [J i I I I L 87260 87 -1 , January,1990 10 -42 I I Attention is directed to Section 7 -1.01G "Water Pollution," of the Standard Specifications and these special provisions. The Contractor's attention is directed to the requirement that he shall exercise every reasonable precaution to protect streams, bays and ponds from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule his ' operations so as to avoid or minimize muddying or silting of said streams, bays and ponds. Effective, approved erosion control devices and controls are required during the rainy season, October 15 through .April 15, to control surface drainage. Contractor is required to provide an erosion control program, including plans, for approval by the city and the ' Regional Water Quality Board (6809 Indiana Avenue, Riverside, California 92506) prior to performing any excavation or disturbing any landscape or pavement. I I The erosion control plan shall include emergency twenty -four (24) hour telephone phone number(s) of responsible Contractor personnel and details of protective measures, including desilting basins or other temporary drainage and /or control measures. Necessary materials or devices, per the approved plan, shall be available on site at convenient locations to facilitate rapid installation or to repair any damaged erosion control measures when 87260 87 -1 January, 1990 10 -43 10 -1.33 STANDARD DETAILS AND STANDARD PLANS ' Standard details, Standard Drawings, and Standard Plans forming a part of these Special Provisions include the following: CITY OF NEWPORT BEACH Drawing No. STD -106 -L Pipe Bedding Drawing No. STD -111 -L Manhole Adjustment Detail Drawing No. STD 180 -L Sidewalk Details Drawing No. STD -203 -L Lighting Standard - Type IV Drawing No. STD -205 -L Pull box ',k fuseholder details Drawing No. STD -304 -L Local Depression Detail Drawing No. STD -309 -L Manhole Shaft Drawing No. STD -313 -L Concrete Collar Drawing No. STD -317 -L Parkway Culvert - Type A Drawing No. STD -320 -L Parkway Culver Details Drawing No. STD -506 -L Anchor Block Details Drawing No. STD -510 -L Thrust Blocks IDrawing No. STD -912 -L Parking :Meter Post Installation I 10 -1.34 WATER POLLUTION Attention is directed to Section 7 -1.01G "Water Pollution," of the Standard Specifications and these special provisions. The Contractor's attention is directed to the requirement that he shall exercise every reasonable precaution to protect streams, bays and ponds from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule his ' operations so as to avoid or minimize muddying or silting of said streams, bays and ponds. Effective, approved erosion control devices and controls are required during the rainy season, October 15 through .April 15, to control surface drainage. Contractor is required to provide an erosion control program, including plans, for approval by the city and the ' Regional Water Quality Board (6809 Indiana Avenue, Riverside, California 92506) prior to performing any excavation or disturbing any landscape or pavement. I I The erosion control plan shall include emergency twenty -four (24) hour telephone phone number(s) of responsible Contractor personnel and details of protective measures, including desilting basins or other temporary drainage and /or control measures. Necessary materials or devices, per the approved plan, shall be available on site at convenient locations to facilitate rapid installation or to repair any damaged erosion control measures when 87260 87 -1 January, 1990 10 -43 I 11 I rain is imminent. All removable protective devices shown on the plan ' shall be in place at the end of each day when the five (5) days rain probability forecast exceeds 40 percent. Remove all silt and debris from check berms and desisting basins after a rainstorm and as needed to assure proper operation. Full compensation for conforming to the requirements of this section , including the placement and removal of temporary facilities and devices shall be considered as included in the prices paid for the various items of contract work and no additional compensation will be allowed. 10 -1.35 FLOW AND ACCEPTANCE OF WATER It is anticipated that storm, surface and ground or other waters will r be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges Measured horizontal and vertical locations that he has investigated the risk from such waters and has prepared ' his bid accordingly, and Contractor by submitting a bid assumes all of utilities and appurtenances with reference said risk. Groundwater in the trench for storm drain and water main , construction is anticipated. The Contractor is responsible for all , dewatering required to properly place storm drain and water main to Measured locations of internal utilities and the line and grades as shown on the project drawings. In the course of water control the Contractor shall conduct his concealed in construction with reference construction operations to protect waters from pollution with fuels, oils, bitumens or other harmful materials as specified in Section 10- ' 1.34 of these Special Provisions. Full compensation for control of water erosion control and dewatering shall be considered included in the prices paid in the various items of contract work and no ' additional compensation will be allowed therefor. 10 -44 10 -1.36 RECORD DRAWINGS ' The Contractor shall keep a complete set of record drawings at the job site. All documents including contract and shop drawings shall be legibly marked showing each actual item of record construction ' including: 1. Measured depths of elements in relation to fixed datum points. 2. Measured horizontal and vertical locations of underground , utilities and appurtenances with reference to permanent surface improvements. , 3. Measured locations of internal utilities and appurtenances concealed in construction with reference to visible and accessible features of construction. 37260 87 -1 ' January,1990 10 -44 I IJ' 4. Field changes of dimensions, locations and /or materials with details as required to clearly delineate the modifications. 5. Any details not in original contract drawings developed by the City or the Contractor through the course of construction necessary to clarify or modify the contract drawings. The Contractor shall legibly modify the contract specifications to reflect actual items of record construction including: 1. Manufacturer, trade name, and catalog number of each product actually installed, particularly optioned items and substitute items. ' 2. Changes made by addendum or modifications. The Contractor shall maintain all record information daily and make this information available to the Project Inspector upon request. The Contractor's progress payment will not be approved unless project record drawings are current. ' 10 -1.37 WORKING HOURS Work may be in progress during the following hours: Monday through Friday - 7:00 AM to 7:00 I'M Saturday (only allowed when necessary or emergency) - 9:00 AM to 5:00 PM ' Sunday - No work permitted Contractor shall obtain approval from the Engineer prior to performing work on Saturdays. Work done without required inspections will be subject to rejection. Upon approval by the Engineer, work may be in progress after 7:00 p.m. and before 7:00 a.m. Monday through Thursday for specific items of work which require lane closures with only one lane on either the Northbound or Southbound direction on Newport Boulevard. ' 10 -1.38 INSPECTION OF WORK AND TESTING LABORATORY A. Description. Inspection of the work will be under the supervision of the Engineer and will include monitoring and enforcing compliance of materials, equipment, installations, workmanship, methods and requirements of the contract documents. rThe Engineer may be represented on the work site by Inspectors and other duly authorized representatives. L87260 87 -1 7anuary,1990 10 -45 IJ' iJ I All submittals and correspondence between the City and the Contractor, related to inspection of the work on this contract, shall be directed to the Engineer. In addition to any inspection required by codes and /or , ordinances or these specifications, Contractor shall notify the Engineer sufficiently in advance of the permanent concealment of any materials of work. The following list is typical, but is not inclusive of such required inspection: 1. Foundation /subgrade material, footing and slab beds. 2. Reinforcing for concrete, masonry and plaster. 3. Contact surface of concrete forms. 4. Concrete and masonry surfaces. 5. Piping and conduit. 6. Finish grade prior to paving, seeding or planting. 7. All soil mixes prior to installation. 8. All chemicals and amendments prior to installation or application. Work or materials concealed or performed without the prior notice specified above will be subject to such tests or exposure as may be necessary to prove to the satisfaction of the , Inspector that all materials used and the work done are in conformance with the contract documents. All labor and equipment necessary for exposing and testing shall be furnished and paid for by the Contractor. The Contractor shall replace, without additional cost to the City, any materials or work damaged by exposure or testing. , Testing Laboratory. The Engineer shall be responsible for providing a certified laboratory for the testing of all materials and work on this project. The Contractor shall notify the Engineer in less than two (2) working days in advance of any required materials testing. 10 -1.39 SHOP DRAWINGS , Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared by , the Contractor or any subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the work. The Contractor shall review, stamp with his approval, and submit for review by the Engineer, six (6) copies of shop drawings for the following items: 1. Concrete 2. Asphalt Concrete 87260 87 -1 , Oanuary,1990 10 -46 Drawings shall show the name of the project, the name of the Contractor, and, if any, the name of suppliers, manufacturers, and subcontractors. Shop drawings shall be submitted with promptness ' and in orderly sequence so as to cause no delay in prosection of the work. Drawings shall be submitted on 8 -1/2" by 11" or 24" by 36" sheet size only. I I I I 1 I l' 11 By submitting shop drawings, the Contractor represents that materials, equipment, and other work shown thereon conform to the plans and specifications, except for the deviations set forth in the letter of transmittal. Within fifteen (15) calendar days after receipt of said drawings, the Engineer will return two (2) prints of the drawings to the Contractor with his comments noted thereon. If so noted by the Engineer, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor shall direct specific attention in the latter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the City's representative on previous submittals. No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City's representative and returned to the Contractor with a notation indicating that resubmittal is not required. The review by the Engineer is only of general conformance with the design concept of the project, and general compliance with the plans and specifications, and shall not be construed as relieving the Contractor of the full responsibility for providing materials, equipment, and work required by the Contract; the proper fitting and construction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of construction; and performing the work in a safe manner. These items represent the minimum and additional may be requested by the Engineer as required. 87260 87 -1 January,1990 10 -47 ' 3. 4. Aggregate Base Reinforcing Steel 5. Pipe 6. Conduit 7. Conductors 8. Street Lights 9. Traffic Signal Equipment Drawings shall show the name of the project, the name of the Contractor, and, if any, the name of suppliers, manufacturers, and subcontractors. Shop drawings shall be submitted with promptness ' and in orderly sequence so as to cause no delay in prosection of the work. Drawings shall be submitted on 8 -1/2" by 11" or 24" by 36" sheet size only. I I I I 1 I l' 11 By submitting shop drawings, the Contractor represents that materials, equipment, and other work shown thereon conform to the plans and specifications, except for the deviations set forth in the letter of transmittal. Within fifteen (15) calendar days after receipt of said drawings, the Engineer will return two (2) prints of the drawings to the Contractor with his comments noted thereon. If so noted by the Engineer, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor shall direct specific attention in the latter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the City's representative on previous submittals. No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City's representative and returned to the Contractor with a notation indicating that resubmittal is not required. The review by the Engineer is only of general conformance with the design concept of the project, and general compliance with the plans and specifications, and shall not be construed as relieving the Contractor of the full responsibility for providing materials, equipment, and work required by the Contract; the proper fitting and construction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of construction; and performing the work in a safe manner. These items represent the minimum and additional may be requested by the Engineer as required. 87260 87 -1 January,1990 10 -47 I 10 -1.40 PERMITS /AGREEMENTS , The State of California has obtained a Corp of Engineers Permit, a Coast Guard Permit and a Coastal Zone Permit and all provisions and requirements of the permits, which are included in the Appendix of ' the Contract Documents, shall be adhered to by the Contractor. The Contractor will also be required to obtain a separate Caltrans permit authorizing him to perform work within the State right -of -way. , The Contract will be required to obtain a permit from the State Division of Industrial Safety for excavations 5 feet in depth or greater. , The Contractor shall be responsible for identifying and obtaining all other construction, encroachment, safety or miscellaneous permits required for this project. Costs and fees associated with said permits , shall be borne solely by the Contrator. All fees are waived for City ' of Newport Beach permits. The Contractor shall maintain a copy of all permits on the job site M and shall, upon request, furnish to City with copies thereof. The Contractor shall comply with all rules and regulations included in ' said permits. Should the Contractor fail to conform to said rules and regulations, the City reserves the right to perform the work necessary to conform to the rules and regulations and the costs of ' such work will be deducted from any monies due to become due to the Contractor. 10 -1.41 MOBILIZATION AND FIELD OFFICE Mobilization and field office shall conform to the provisions in Section 11 "Mobilization" of the Standard Specifications and these special provisions. Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site. , Work on this item shall also include the supply and installation of a field office. The Contractor shall be responsible to negotiate for a location at the project site with the approval of the engineer. The ' facility shall be removed upon completion of the work. This office shall be a minimum of 120 square feet of floor area. It shall be equipped with one 3 x 5 foot table, four chairs and one plan rack. It shall be adequately heated, ventilated, and lighted and 2 duplex , convenience outlets shall be provided. Extended area, non -coin- , 87260 87 -1 7anuary,1990 10 -48 I operated telephone service shall be provided within the office area with sufficient extension cord to serve the table. Payment for mobilization shall be made at the lump sum bid price. 10 -1.42 CLEARING AND GRUBBING Clearing shall consist of clearing natural ground surfaces of all shrubs, vegetable growth and objectionable materials within the limits of construction in accordance with the provisions of Section 16 "Clearing and Grubbing" of the Standard Specifications and these ' special provisions in accordance with the plans and as directed by the Engineer. ' Within the limits of clearing, all trees, stumps, roots 1 -1/2 inches in diameter or larger, buried logs, and all other objectionable material shall be removed at least 3 feet below the existing ground surface or sub - grade, whichever is deeper. ' Clearing shall also include the removal and disposal of miscellaneous concrete, pipes, hardware, timber, rubble or any other objectionable material encountered beneath the ground surface as a result of grading or trenching operations connected with the construction of the project improvements. The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of the work to be done under this contract. This item shall also include those structures and facilities which the plans show or these specifications ' indicate to be protected. In addition to the above items, clearing shall include, but not be limited to, the following items: 1. Deleterious materials resulting from clearing operations shall be hauled away and disposed of at a legal site arranged by the ' Contractor. 2. Sawcutting of concrete and asphalt concrete at joins. 3. The removal and capping of existing irrigation lines. 4. Removal of all existing roadway materials necessary to install P.C.C. curb and /or curb and gutter. 5. The removal and disposal of any additional items not specifi- cally mentioned which may be found within the work limits. 6. Furnishing and applying water for construction and dust control. 7. Maintenance of project appearance. 87260 87 -1 January, 1990 10 -49 8. Control of water and dewatering during construction and erosion control. Payment for Clearing and Grubbing shall be at the contract lump sum price and shall be full compensation for furnishing all labor, materials, equipment, and incidentals necessary to perform the items of work. No additional compensation shall be allowed. 10 -1.43 EARTHWORK Earthwork shall conform to the provisions in Section 19, "Earthwork;' of the Standard Specifications and these special provisions. A settlement period is required for the bridge approach enbankment(s) at the bridge(s) listed in the following table. Bridge Name or Number Newport Beach Channel Bridge Settlement butment Number Period, Days 51 The duration of the required settlement period at each location will be determined by the Engineer and will not exceed the number of days listed in the tables of settlement data. At the locations and to the limits shown on the plans, material below the bottom of the retaining wall footings shall be removed and replaced with material in accordance with the placing and compacting requirements for structure backfill. The relative compaction shall be not less than 95 percent. Removal of the material will be measured and paid for as structure excavation (retaining wall) and furnishing, placing and compacting the replacement material will be measured and paid for as structure backfill (retaining wall). At the footings where material is removed and replaced, as described in the above paragraph, a relative compaction of not less than 95 percent shall be obtained for a minimum depth of 0.5 foot below the bottom of excavation. Pervious backfill material within the limits of payment for retaining walls will be measured and paid for as structure backfill (retaining wall). If structure excavation or structure backfill involved in bridges is not otherwise designated by type, and payment for such structure excavation or structure backfill has not otherwise been provided for in the Standard Specifications or these special provisions, such structure excavation or structure backfill will be paid for at the contract price per cubic yard for structure excavation (bridge) or structure backfill (bridge). 87260 87 -1 January,1990 10 -50 1 1 I I 17 I I I 1 I 10 -1.44 ROADWAY EXCAVATION AND AC PAVEMENT REMOVAL This item includes the removal and disposal of all earth, rock, disintegrated rock, asphalt pavement, asphalt curb, macadam or similar materials. Any unsuitable materials encountered below the elevation of the roadway subgrade as shown on the plans shall be removed and replaced with suitable material excavated from other parts of the work. ' This item also includes the removal of the asphalt concrete pavement means of a cutting wheel or other device which provides a minimum section at the following locations: 1. City Hall Parking Lot ' 2. Via Lido Plaza shopping Center 3. Existing businesses between Via Lido and existing channel sections. Payment will include compensation for furnishing all labor, bridge materials, tools and equipment as required.. No additional compensa- 4. Gas station at the southwest corner of Short Street and Roadway fill shall conform to the provisions in Section 19 Newport Boulevard. 1 2. ' 87260 87 -1 January,1990 11 The areas to receive compacted fill shall be stripped of all vegetation, debris, and soft or disturbed soils as described in Section 16 "Clearing and Grubbing" of the Standard Specifications and these special provisions. The excavated areas shall be approved by the Engineer prior to placing compacted fill. The exposed ground surface shall then be scarified to a depth of 8 inches and the scarified ground shall be compacted to at least 10 -51 Existing asphalt pavement shall be cut to a neat straight line by ' means of a cutting wheel or other device which provides a minimum depth of cut of one inch and which results in a vertical break throughout the depth of pavement. Roadway excavation shall conform to the provisions in Section 19 -2 "Roadway Excavation" of the Standard Specifications and these special provisions and to the lines and grades shown on the plans. Payment for this item of work shall be at the contract unit price per cubic yard of material removed as determined by the project cross sections. Payment will include compensation for furnishing all labor, materials, tools and equipment as required.. No additional compensa- tion will be allowed. ' 10 -1.45 ROADWAY FILL Roadway fill shall conform to the provisions in Section 19 ' "Earthwork" and Section 19 -5 "Compaction" of the Standard Specifications, to lines and grades shown on the plans and these special provisions. 1 2. ' 87260 87 -1 January,1990 11 The areas to receive compacted fill shall be stripped of all vegetation, debris, and soft or disturbed soils as described in Section 16 "Clearing and Grubbing" of the Standard Specifications and these special provisions. The excavated areas shall be approved by the Engineer prior to placing compacted fill. The exposed ground surface shall then be scarified to a depth of 8 inches and the scarified ground shall be compacted to at least 10 -51 I 95% of the maximum laboratory density as determined by the , ASTM compaction method described below. Where fill abuts an existing slope, benching shall be performed as the compacted fill is brought to final grade. 3. Fills, consisting of soil approved by the Engineer, shall be ' placed in compacted horizontal layers (maximum 8" thick) with approved compaction equipment. Non - organic portions of the , excavated on -site materials are considered satisfactory for reuse in the compacted fills. All imported fill shall be examined by the Engineer prior to use in fill areas. Cobbles larger than 8 inches in diameter shall not be used in the ' compacted fills. 4. The fill shall be compacted to at least 90% of the maximum laboratory density for the material used. The subgrade beneath , proposed pavement areas shall be processed to a depth of 6 inches and recompacted to at least 90% relative compaction. The maximum density should be determined by the , ASTM D1557 -70 or California Method 216. 5. Observations and field tests shall be performed during grading to assist the contractor in obtaining the required degree of , compaction and the proper moisture content. Where compac- tion of less than the required is indicated, additional compactive effort shall be made with adjustment of the ' moisture content as necessary until the required compaction is obtained. 6. Wherever, in the opinion of the Engineer, an unstable condition , is being created, either by cutting or filling, the work shall not proceed in that area until an investigation has been made and the grading plan revised if found necessary. 7. Proposed cut and fill slopes shall not exceed 2:1 (horizontal to vertical). Payment will be made for Roadway fill at the contract unit price per ' cubic yard of material placed as determined by the project cross sections. Payment will include compensation for furnishing all labor, materials, tools and equipment and doing all work involved in fill ' construction for the cost of all grading, shaping, compacting or consolidating and no additional compensation shall be allowed. 10 -1.46 STRUCTURE EXCAVATION , Structure excavation shall conform to the applicable portions of Section 19 -3, "Structure Excavation k Backfill," of the Standard Specifications and Section 10 -1.24 of these Special Provisions. The structural excavation shall be to the limits shown on the earthwork 87260 87 -1 , January,1990 10 -52 I pay limit details for the respective structures as shown on the project plans. Payment for structure excavation shall be at the contract unit price per cubic yard of material removed as determined by the project cross sections. Payment will include compensation for furnishing all labor, materials, tools and equipment as required. No additional ' compensation shall be allowed. 10 -1.47 STRUCTURE BACKFILL ' Structure backfill shall conform to the applicable portions of Section 19 -3, "Structure Excavation and Backfill," of the Standard Specifications and Section 10 -1.24 of these Special Provisions. The ' structural backfill shall be to the limits shown on the earthwork pay limit details for the - respective structures as shown on the project plans. C 1 Payment for this item of work shall be at the contract unit price per cubic yard of material placed as determined by the project cross sections. Payment will include compensation for furnishing all labor, materials, tools and equipment as required. No additional compensa- tion shall be allowed. L0 -1.48 REMOVE MISCELLANEOUS CONCRETE Remove miscellaneous concrete shall conform to the provisions in Section 15 -3 of the Standard Specifications and these special provisions. These items include the removal and disposal of all P.C.C. combination curb and gutter, gutter, cross gutter, sidewalks, driveways and other miscellaneous concrete removals shown on the construction plans. Payment for these removals shall be made at the contract unit price per square foot for cross - gutter, sidewalk and driveway or linear foot for curb and curb and gutter removed and shall include all labor, materials and equipment for sawcutting, removal, and disposal. No additional compensation shall be allowed. 10 -1.49 P.C.C. CURB AND CURB AND GUTTER This item includes the construction of Type A2 -8 curb and gutter, Type Al -6 and Type A2 -6 curb and gutter per Caltrans standard plan N8 -A and to the line and grade as shown on the project plans. The construction of these items shall be in conformance with Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifi- cations and these special provisions. 87260 87 -1 January, 1990 10 -53 I L, Extruded curbs shall be constructed of minor concrete conforming to ' the provisions in Section 90 -10, "Minor Concrete," of the Standard Specifications, except as follows: 1. The maximum size of aggregate used for extruded curb con- ' struction shall be at the option of the Contractor, but in no case shall the maximum size be larger than one inch nor smaller than 3/8- inches. ' 2. The cement content of the curb and gutter concrete shall be not less than 470 pounds per cubic yard except that if the 3/8 -inch maximum size aggregate is used to construct extruded , curbs, the cement content of the minor concrete shall be not less than 564 pounds per cubic yard. 3. The aggregate grading limits proposed by the Contractor shall , be further restricted if necessary to produce concrete that after extrusions has well- defined web marks of water on the surface and is free from surface pits larger than 3/16 inches in , diameter. Payment for these items of work shall be made at the contract unit price bid per lineal foot in place and shall include full compensation for all labor, materials and equipment required to place the curb and gutter to the line and grade as shown on the plans. No additional compensation shall be allowed. , 10 -1.50 4 -INCH P.C.C. SIDEWALK The work under this item includes construction of a 4 -inch thick ' P.C.C. sidewalk over 4 inches of sand per City of Newport Beach Standard Drawing No. 180 -L. The construction of this item shall be in accordance with Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifications and the line and grades as shown on the plans. Concrete shall be Class A per Section 90, "Portland Cement ' Concrete," of the Standard Specifications. Flyash additives and /or substitutes shall not be permitted. ' Payment for P.C.C. sidewalk shall be made at the contract unit price per square foot in place and shall include all labor, materials including sand, forms, curing compound, and equipment to complete the construction as required on the plans. No additional compensation shall be allowed. Ll 87260 87 -1 ' 7anuary,1990 10 -54 I <_ d I 1 I 1 LJ 10 -1.51 P.C.C. WHEELCHAIR RAMPS The work under this item includes construction of P.C.C. wheelchair ramps per State Standard Plans and as noted on the plans. The construction of this item shall be in accordance with Section 73 -1.06, "Sidewalks, Gutter Depressions, Island Paving, Wheelchair Ramp and Driveway Construction," of the Standard Specifications and these special provisions and to the line and grades as shown on the project plans. Concrete shall be Class A per Section 90, "Portland Cement Concrete," of the Standard Specifications. Flyash additives and /or substitutes shall not be permitted. Payment for P.C.C. wheelchair ramps shall be made at the contract unit price per square foot in place and shall include all laobr, materials, forms, curing compound and equipment to complete the construction as required on the plans. No additional compensation shall be allowed. 10 -1.52 P.C.C. CROSS GUTTER AND "V" GUTTER The construction of these items shall be in accordance with Section 51, "Sidewalks, Gutter Depression, Island Paving, Wheelchair Ramp and Driveway Construction," and Section 52, "Reinforcement," of the Standard Specifications, the applicable portions of the City of Newport Beach Standard Drawing 185 -L, and the details shown on the project plans. Concrete shall be Class A per Section 90, "Portland Cement Concrete," of the Standard Specifications. Flyash additives and /or substitutes shall not be permitted. Payment for cross gutter and "V" gutter shall be made at the contract unit price per square foot in place and shall include all labor, materials, forms, curing compound, and equipment required to complete the construction as required on the plans. No additional compensation will be allowed. 10 -1.53 P.C.C. DRIVEWAYS The work under this item includes construction of P.C.C. driveways per Standard Plans as noted on the plans. The construction of this item shall be in accordance with Section 73 -1.06, "Sidewalks, Gutter Depressions, Island Paving, Wheelchair Ramp and Driveway Construction," of the Standard Specifications and these special provisions and to the line and grades as shown on the project plans. 87260 87 -1 January, 1990 10 -55 I I Concrete shall be Class A per Section 90 of the Standard , Specifications. Flyash additives and /or substitutes shall not be permitted. Payment for P.C.C. Driveways shall be made at the contract unit , price per square foot in place and shall include all labor, materials, forms, curing compound, and equipment to complete the construction as required on the plans. No additional compensation shall be , allowed. 10 -1.54 STAMPED PATTERN COLORED CONCRETE (MINOR CONCRETE) , Stamped pattern concrete and grout shall conform to the provisions in Section 51 "Concrete Structures," Section 52 "Reinforcement," Section 73 "Concrete Curbs and Sidewalks," and Section 90 -10 "Minor ' Concrete" of the Standard Specifications and these special provisions. Aggregate for minor concrete (stamped pattern concrete) shat! conform to the grading specified for fine aggregate in Section 90- ' 3.03 "Fine Aggregate Grading" of the Standard Specifications. Aggregate for grout shall conform to the following grading: Sieve Sizes Percentage Passing No. 4 100 No 8 90 -100 , No. 16 60 -100 No. 30 35 -70 No. 50 15 -35 , No. 100 2 -15 A sample of sufficient size of each type and color of textured paving, to demonstrate the textured paving, including color hardener, curing ' and finishing compounds and color wax, for both grouted and ungrouted finishes, shall be submitted to the Engineer for written approval. Textured paving shall not be placed on the project prior to approval , by the Engineer of the samples prepared and submitted by the Contractor. In the event m orre than one sample of each type and color of textured paving to be placed is required by the Engineer, each additional sample will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications. I 87260 87 -1 , January, 1990 10 -56 ' LJ I I 11 I j I I Aggregate base shall be Class 2 and shall conform to the provisions in Section 26 "Aggregate Bases" of the Standard Specifications and these special provisions. The respective pattern types and colors of concrete for textured paving shall be placed at the locations shown on the plans, struck off and compacted until a layer of mortar is brought to the surface. The concrete shall be screeded to the required grade and cross section and floated to a uniform surface. Floor color hardener shall be applied to the plastic surface of the concrete by the "dry- shake" method using a minimum of 60 pounds of hardener per 100 square feet. Hardener shall be applied, and shall be trowled only after the final floating. The resultant color of the floor hardener shall closely conform to the colors specified on the plans for the respective areas. The forming tools for the textured paving shall be applied to form the patterned surfaces while the concrete is still in the plastic stage of se t. Textured paving areas shall be cured by the curing compound method as provided in Section 90 -7.01B "Curing Compound n- Method" except the curing compound shall be the clear or translucent type conforming to the requirements of AASTHTO designation: ?,1 148, Type 1 -D, except that the loss of water in the water retention test shall not exceed 0.040 -gram per square centimeter of surface. The curing compound shall be applied at the rate of one gallon per 150 square feet of area. Color wax curing and finishing compound shall be applied to the textured paving. Color wax shall conform to the respective color of the floor hardened specified and shall be thinned in the proportion of 4 parts color wax to 3 parts of mineral spirits (paint thinner). The mixture shall be applied uniformly with a roller or a motor- driven power sprayer at a rate of between 600 to 650 square feet per gallon of unthinned color wax. The color waxed surface shall be polished using a fine brush which will remove residual dust from the surface. For payment purposes, the area in square feet of minor concrete (textured paving) will be determined from horizontal measurements of the finished textured paving. The contract price paid per square foot for minor concrete (stamped pattern concrete) shall include full compensation for furnishing all labor, materials (including welded wire fabric, where required, and aggregate base), tools, equipment and incidentals, and for doing all the work involved in constructing textured paving, complete in place, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 87260 87 -1 January, 1990 10 -57 I 1 10 -1.55 PLANING ASPHALT CONCRETE PAVEMENT ' Existing asphalt concrete shall be planed at the locations and to the dimensions shown on the plans and in accordance with these special ' provisions. Planing asphalt concrete pavement shall be performed by cold planing. The cold planing machine shall have a cutter head at least 30 inches wide and shall be operated so as not to produce fumes or smoke. ' The depth, width and shape of the cut shall be as indicated on the typical cross sections or as directed by the Engineer. The final cut shall result in a uniform surface conforming to the typical cross sections. The outside lines of the planed area shall be neat and uniform. The road surfacing to remain in place shall not be damaged in any way. , Planed widths of pavement shall be continuous except for inter- sections at cross streets where the planing shall be carried around the corners and through the conform lines. The material planed from the roadway surface, including inaterial deposited in existing gutters or on the adjacent traveled way, shall be immediately removed from the site of the work and disposed of as , provided in Section 7 -1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifiations. The removal crew shall follow within 50 feet of the planer, unless otherwise ' directed by the Engineer. Planing asphalt concrete pavement will be measured by the square yard. The quantity to be paid for will be the actual area of suface , planed irrespective of the number of passes required. The contract price paid per square foot for plane asphalt concrete , pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in planing asphalt concrete surfacing and disposing of material removed, as specified in these special provisions and as ' directed by the Engineer. 10 -1.56 ASPHALT CONCRETE , Asphalt concrete shall be Type B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and , these special provisions. The amount of asphalt binder to be mixed with the Type B, 3/4 inch maximum aggregate shall be 5.5% by weight of the dry aggregate. 87260 87 -1 January, 1990 10 -58 ' ' Prime coat will not be required. The area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction. ' lialf -width surfacing operations shall be conducted in such manner that, at the end of each day's work, the distance between the ends of adjacent surfaced lanes shall not be greater than can be completed in the following day of normal surfacing operations. Type B asphalt concrete shall be placed only when the atmospheric temperature is above 500F. ' At the Contractor's option, paving asphalt may be used for paint binder instead of asphaltic emulsion. If paving asphalt is used, the grade to be used and the rate of application will be determined by the i Engineer. The paving asphalt shall be applied at a temperature of not less than 2850F. nor more than 3500F. Paving asphalt, if used as paint binder, will be measured and paid for as asphaltic emulsion (paint binder). I lJ i 1 1 h Paint binder shall be applied to all existing pavement surfaces to be overlaid and /or joined and shall consist of a grade SS -111 emulsified asphalt in accordance with Section 93 of the Standard Specification. The contract price per ton paid for asphalt concrete including paint binder shall include full compensation for all labor, materials (including aggregate and asphalt binder), tools, equipment and incidentals, and for doing all the work involved in furnishing, mixing, hauling, placing, spreading, shaping and compacting the asphalt concrete and asphalt concrete overlay, and furnishing and placing paint binder. No additional compensation shall be allowed. 10 -1.57 PAVEMENT REINFORCING FABRIC Pavement reinforcing fabric shall be placed where shown on the plans, and at locations designated by the Engineer. Pavement reinforcing fabric shall be nonwoven bonded polyester, polypropylene, or polypropylene /nylon materials conforming to the following when tested in conformance with the listed ASTM designation: Weight, Ounce /Square Yard, ASTM Designation: D 1910 3.5 to 8.0 Tensile Strength, Pounds, ASTM Designation: D 1682 90 87260 87 -1 ' January, 1990 10 -59 Elongation at Break, Percent, ASTM Designation: D 1682 40 minutes Fabric Thickness, ASTM Designation: D 461 30 to 150 mils. The fabric shall be protected from exposure to ultraviolet rays until placed. Before spreading asphalt binder, large cracks, spalls and chuckholes shall be repaired as directed by the Engineer, and such repair work will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications. Asphalt binder for pavement reinforcing fabric shall conform to the provisions of Section 92, "Asphalts," of the Standard Specifications and shall be Grade AR -4000. Asphalt binder for pavement reinforcing fabric shall be applied at an approximate rate of 0.25- gallon per square yard of surface covered. The exact rate of application will be determined by the Engineer. The width of the asphalt binder spread shall be the width of the fabric mat plus 3 inches on each side. The fabric shall be aligned and placed with no wrinkles that lap. The test for lapping shall be made by gathering together the fabric in a wrinkle. If the height of the doubled portion of extra fabric is 1/2 inch or more, the fabric shall be cut to remove the wrinkle, then lapped in the direction of paving. If manual laydown methods are used, the fabric shall be unrolled, aligned, and placed in increments of approximately 30 feet. Adjacent borders of the fabric shall be lapped 2 to 4 inches. The preceding roll shall lap 2 to 4 inches over the following roll in the direction of paving at ends of rolls or at any break. Seating of the fabric with rolling equipment after placing will be permitted. Turning of the pavement machine and other vehicles shall be gradual and kept to a minimum to avoid damage. A small quantity of asphalt concrete, to be determined by the Engineer, may be spread over the fabric immediately in advance of placing asphalt concrete surfacing in order to prevent fabric from being picked up by construction equipment. Public traffic shall not be allowed on the bare reinforcing fabric, except that public cross traffic shall be allowed to cross the fabric, under traffic control, after the Contractor has placed a small quantity of asphalt concrete over the fabric. F11 i I I I i 1 87260 87 -1 January, 1990 10 -60 , ' Care shall be taken to avoid tracking binder material onto the pavement reinforcing fabric or distoring the fabric during seating of the fabric with rolling equipment. If necessary, exposed binder material shall be covered lightly with sand. Full compensation for advance spreading of asphalt concrete over the fabric shall be considered as included in the contract prices paid per ton for aggregate (asphalt concrete) and paving asphalt (asphalt concrete) and no additional compensation will be paid therefor. Pavement reinforcing fabric will be measured and paid for by the square yard for the actual pavement area covered. The contract price paid per square yard for pavement reinforcing fabric shall include full compensation for furnishing all labor, materials (including binder), tools, equipment and incidentals, and for doing all the work involved in furnishing and placing pavement reinforcing fabric, including lapping, complete in place, as shown on ' the plans, as required by the Standard Specifications and these special provisions, and as directed by the Engineer. 10 -1.58 AGGREGATE BASE Aggregate bases shall be Class 2 and shall conform to the provisons in Section 26, "Aggregate Bases," of the Standard Specifications and ' these special provisions. Placement and compaction of base materials shall conform to Section 26 of the Standard Specifications. Base material shall be ' compacted to 95 percent relative compaction. 10 -1.59 2" X 4" REDWOOD HEADER ' This item includes the construction of a 2" X 4" redwood header along the proposed edge of pavement. L LI I Payment for this item shall be made at the contract unit price per lineal foot of header installed and shall include full compensation for all labor, materials and equipment required to complete the work. No additional compensation shall be allowed. 87260 87 -1 January, 1990 10-61 10 -1.60 PORTLAND CEMENT CONCRETE PAVEMENT , (BUS TURNOUT /8" PCC WITH REINFORCING AND 8" PCC) Portland cement concrete pavement shall conform to the provisions in Section 40, "Portland Cement Concrete Pavement," of the ' Standard Specifications and these Special Provisions. The concrete for pavement shall contain a minimum of 564 pounds of ' Portland Cement per cubic yard. An air - entraining admixture conforming to the requirements in Section 90 -4, "Admixtures," of the Standard Specifications shall be ' added to the concrete at the rate required to result in an air content of 6 ( +1 1/2) percent in the freshly mixed concrete. , The fifth and sixth sentences of the last paragraph in Section 90 7.02, "Curing Pavement," of the Standard Specifications are amended to read: , The surface of the concrete shall be fogged with a fine spray of water as specified in Section 90 7.OIA, "'Water ;dethod," on the day the concrete is placed when the ambient temperature is above 80 degrees F. The surface of the pavement shall be kept moist between , the hours of 10:00 a.m, and 4:37 p.m., however, the fogging done after the curing compound has been applied shall not begin until the curing compound has set sufficiently to prevent displacement. ' 10 -1.61 PILING Piling shall conform to the provisions in Section 49, "Piling," of the ' Standard Specifications, and these special provisions. Attention is directed to "Order of Work" and "Obstructions" of these special provisions. ' i 87260 87 -1 ' January,1990 10 -62 ' 1 rte, I L✓ Pile Length Minimum Tip Diameter (Feet) (Inches) 30 and less 8 31 to 70 7 Over 70 6 Timber piles shall be creosote treated in conformance with AWPA Standard C3 for marine piles (dual treatment). 10 -1.62 CONCRETE STRUCTURES Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. 87260 87 -1 January,1990 10 -63 PREDRILLED HOLES Piles shall be driven in drilled holes when required by the provisions in Section 49 -1.06, " Predrilled Holes," of the Standard Specifications. In addition, the piles at the locations listed in the following table ' shall be driven in holes drilled through existing embankments and other foundation materials, to the bottom of hole elevations listed, in conformance with the provisions in said Section 49 -1.06. Elev. Bottom Brie Name or Number Abutment No. Bent No. of Hole Newport Beach Channel 1 -27 ' 2 -27 3 -25 4 -25 5 -22 6 -22 Spoil from predrilled holes shall be disposed on outside of the waterway. Full compensation for drilling and filling holes, and disposing of material resulting from drilling shall be considered as included in the ' contract unit price paid for driving the piles involved and no additional compensation will be allowed therefor. ' TIMBER PILING Timber piles for the timber pile dolphins shall conform to the specifications of ASTM Designation: D 25 for piles with tip diameters as specified in the following table: 1 rte, I L✓ Pile Length Minimum Tip Diameter (Feet) (Inches) 30 and less 8 31 to 70 7 Over 70 6 Timber piles shall be creosote treated in conformance with AWPA Standard C3 for marine piles (dual treatment). 10 -1.62 CONCRETE STRUCTURES Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. 87260 87 -1 January,1990 10 -63 GENERAL An epoxy adhesive bent cap before th e placed. The area t o temperature shall b applied. [1 11 shall be applied to the surfaces of the existing Portland cement concrete leveling courses are ' be covered shall be surface dry and the ambient e 50 degree F. or above when the adhesive is The epoxy adhesive shall be furnished and applied in accordance with the provisions in Sections 95 -1, "General," and 95 -2.03, "Epoxy Resin Adhesive for Bonding New Concrete to Old Concrete," of the Standard Specifications. Whenever the ambient temperature is below 65 degree F., Type II epoxy shall be used. The exact rate of applying epoxy adhesive shall be ordered by the Engineer. The adhesive shall be worked onto the surface with stiff brushes or equal. FALSEWORK Falsework shall,be designed and constructed in conformance with the requirements in Section 51 -1.06, " Falsework," of the Standard Specifications and these special provisions. The eighth paragraph in subsection, "Timber," of Section 51- 1.06A(2), "Design Stresses, Loadings, and Deflections," of the Standard Specifications is amended to read: Thg maximum modulus of elasticity (E) for timber shall be 1.6 x 10 psi. PERMANENT STEEL DECK FORMS Forms for the deck slabs for the interior bays of the Newport Beach Channel Bridge in Spans 1, 2, 3, and 4, at the option of the Contractor, shall either be constructed and removed as provided in Section 51 -1.05, "Forms," of the Standard Specifications, or shall be constructed and left in place in accordance with the requirements of these special provisions. At the Contractor's option, stay -in -place forming systems shall be galvanized steel or shall be of materials other than galvanized steel with durability, performance and appearance equal to or better than the specified steel stay -in -place forms. Such forming systems shall be submitted for approval by the Engineer. Permanent steel bridge deck forms and supports shall be steel conforming to ASTM Designation: A 446 (Grade A through E) having a coating designation G165. The forms shall be mortar - tight, true to line and grade, and of sufficient strength to support the loads applied. Detailed working drawings for forms shall be submitted to the Engineer for approval as provided in Section 5 -1.02, "Plans and 11 7 u 17 L [1 1 87260 87 -1 3anuary,1990 10 -64 ' LJ C _1 1 C iJ Working Drawings," of the Standard Specifications. Three sets of drawings shall be submitted. These drawings shall show the grade of steel, the physical and section properties for all deck members, the method of support and grade adjustment, accomodation for skew, and methods of sealing against grout leaks. The design of steel forms shall be based on the combined dead load of the forms, reinforcement and plastic concrete plus an allowance for all anticipated construction loads. The allowance for construction loads shall be not less than 50 pounds per square foot. The combined dead load shall be assumed to be not less than 160 pounds per cubic foot for normal concrete and not less than 130 pounds per cubic foot for lightweight concrete. Physical design properties shall be computed in accordance with the requirements of the AISI specification for the "Design of Cold Formed Steel Structural Members ". The maximum allowable stresses and deflections used in the design of steel forms shall be as follows: Tensile stress shall not exceed 0.725 of the specified yield strength of the material furnished or 36,000 pounds per square inch. Deflection due to dead load shall not exceed 1/180 of form span or 1/2 inch, whichever is less. In no case shall the dead load for deflection calculations be less than 120 pounds per square foot total. Form camber, used at the option of the Contractor, shall be based on the actual dead load condition. Camber shall not be used to compensate for deflection in excess of the allowable limits. The design span of the form sheets shall be the clear span of the form plus 2 inches measured parallel to the form flutes. Permanent steel deck forms shall not be used in panels where longitudinal construction joints are located between girders unless additional supports are placed under the joint. Permanent steel deck forms shall not be welded to the flanges of girders. Permanent steel deck forms shall not interfere with the movement at deck expansion joints. The clearance between the surface of permanent forms and any bar reinforcement shall be not less than one inch and the configuration of the forms shall be such that the weight of deck slab is not more than 110 percent of the weight of the total deck slab as dimensioned on the plans. 87260 87 -1 3anuary,1990 10 -65 Permanent steel deck forms shall be installed in accordance with the approved working drawings. Form sheets shall not rest directly in the top of the girder flanges. Sheets shall be securely fastened to form supports and shall have a minimum bearing length of one inch at each end. Form supports shall be placed in direct contact with the flange of the girder. Attachment of supports shall be made by bolts, clips, or other approved means. Any permanently exposed galvanized form surfaces that are abraded or damaged shall be repaired by thoroughly wire brushing the damaged areas and painting with 2 applications of unthinned commercial quality of ZincRich pPrimer, Organic Vehicle Type, conforming essentially to the provisions in Section 91 -2.01 "Zinc -Rich Primer, Organic Vehicle Type," of the Standard Specifications. Minor heat discoloration in area of welds need not be repaired. Transverse deck construction joints shall be located at the bottom of a flute and 1/4 inch weep holes shall be field drilled at not less than 12 inches on center along the line of the joint. DECK CLOSURE POUR Where deck closure pour is shown on the plans, reinforcement protruding into the closure space and forms for the closure pour shall conform to the following: During the time of placement of concrete in the deck, other than for the closure pour itself, reinforcing steel which protrudes into the closure space shall be completely free from any connection to the reinforcing steel, concrete, or other attachments of the adjacent structure, including forms. Said reinforcing steel shall remain free of any connection for a period of not less than 24 hours following completion of the pour. Before placement of concrete in the closure pour, transverse reinforcing steel protruding into the closure space from the adjacent structures shall be securely connected as shown on the plans. Forms for the closure pour shall be supported from the superstructure on both sides of the closure space unless otherwise directed by the Engineer. Attention is directed to "Treat Bridge Decks" of these special provisions. Concrete surfaces of the closure pour shall be cured as provided in Section 90 -7.03, "Curing Structures," of the Standard Specifications, except that the 6 -inch wide strip of the closure pour to be treated with m ethacrylate shall only be cured by the water method. 87260 87 -1 January, 1990 10 -66 !L 1 I n L_ J 11 11 ELASTOMERIC BEARING PADS Elastomeric bearing pads shall conform to the provisions in Section 51- 1.12H, "Elastomeric Bearing Pads," of the Standard Specifications and these special provisions. MEASUREMENT AND PAYMENT Measurement and payment for concrete in structures shall conform to the provisions in Sections 51 -1.22, "Measurement," and 51 -1.23, "Payment," of the Standard Specifications and these special provisions. The cast -in -place reinforced concrete facade block to be attached to the precast prestressed concrete girder in Span 4 of the superstructure will be measured and paid for as structural concrete, bridge.' Full compensation for furnishing and placing the epoxy adhesive bond coat shall be considered as included in the contract price paid per cubic yard for structural concrete, bridge and no additional compensation will be allowed therefor. 10 -1.63 PRECAST PRESTRESSED CONCRETE BRIDGE MEMBERS Precast prestressed concrete members shall conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. The requirements of the seventh paragraph of Section 51 -1.17, "Finishing Bridge Decks," of the Standard Specifications shall not apply. Temporary lateral bracing shall be provided for girder located over the Channel at the Newport Beach Channel Bridge. Such bracing shall be installed at each end of each girder, except notched ends, prior to the release of the erection equipment from the girder and shall remain in place until 2 days after the concrete diaphragms have been placed. Said bracing shall be adequate to prevent overturning of the girders prior to completion of the work and as a minimum shall be capable of resisting a lateral force of 15 pounds per square foot of girder side area applied laterally in either direction to the top of the girder. Girder erection shall not be started until the temporary lateral bracing proposed for use by the Contractor has been approved by the Engineer. 10 -1.64 STRUCTURE APPROACH SLABS (Type N) This work shall consist of constructing reinforced concrete approach slabs at structure approaches and constructing treated permeable 87260 87 -1 7anuary,1990 10 -67 base and structure approach drainage system for the approach slabs in accordance with the details shown on the plans, the provisions in Section 51, "Concrete Structures," and Section 52, "Reinforcement," of the Standard Specifications and these special provisions. REINFORCED CONCRETE SLABS Concrete for use in approach shall contain not less than 658 pounds of cement per cubic yard. The top surface of approach slabs shall be finished in conformance with the provisions in Section 51 -1.17, "Finishing Bridge Decks," of the Standard Specifications. Edges of slabs shall be edger finished. Approach slabs shall be cured by the pigmented curing compound (State Specification 8030- 7ld -04) method in accordance with the provisions for curing structures in Section 90 -7.01, "Methods of Curing," of the Standard Specifications. MISCELLANEOUS METAL Miscellaneous steel parts shall conform to the provisions in Section 75, "Miscellaneous Metal," of the Standard Specifications. JOINTS Hardboard and expanded polystyrene shall conform to the provisions in Section 51- 1.12D, "Sheet Packing, Preformed Pads and Board Fillers," of the Standard Specifications. The pourable seal between the steel angle and concrete barrier shall consist of a 2- component polyurethane sealant conforming to the requirements for Type A and AL seals in Section 51- 1.1217(3), "Materials and Installation," of the Standard Specifications. The sealant may be mixed by hand -held power- driven agitators and placed by hand methods. TREATED PERMEABLE BASE Treated permeable base under structure approach slabs shall consist of constructing either an asphalt treated permeable base or a cement treated permeable base in accordance with Section 29, "Treated Permeable Bases", of the Standard Specifications and these special provisions. The type of treatment, asphalt or cement, to be used shall be at the option of the Contractor. F I [1 87260 87 -1 , January, 1990 10 -68 Not less than 30 days prior to the start of placing treated permeable base the Contractor shall notify the Engineer, in writing, which type of treated permeable base will be furnished. Once the Contractor has notified the Engineer of his selection the Contractor will not be allowed to change the type to be furnished without a prior written request to do so and approval thereof in writing by the Engineer. Asphalt treated permeable base shall be placed at a temperature of ' not less than 200 degrees F. nor more than 250 degrees F. Material stored in excess of 2 hours shall not be used in the work. ' Asphalt treated permeable base material may be spread in one layer. It shall be compacted with a vibrating shoe type compactor or rolled with a roller weighing not less than 1 1/2 tons more more than 5 tons. Rolling shall begin as soon as the mixture has cooled sufficiently to support the weight of the rolling equipment without undue displacement. ' 87260 87 -1 7anuary,1990 10 -69 Cement treated permeable material may be spead in one layer. The ' material shall be compacted with either a vibrating shoe type compactor or with a steel -drum roller weighing not less than 1 1/2 tons nor more than 5 tons. Compaction shall follow within one -half hour after the spreading operation and shall consist of 2 complete coverages of the treated material. WEIGHT LIMITATIONS Attention is directed to Section 7 -1.02, "Weight Limitations," of the Standard Specifications. The second paragraph of said section is ' amended to read: No traffic or Contractor's equipment will be permitted on the treated permeable base except for that equipment required to place the permeable base and the subsequent layer of ' pavement. Haul trucks shall enter onto and exit from the treated permeable base at the nearest practical point. Damage to the base shall be repaired promptly by the Contractor at his texpense, as directed by the Engineer. ENGINEERING FABRICS ' Filter fabric to be placed between the treated permeable base and the structure approach embankment material shall conform to the provisions for filter fabric for edge drains in Section 88, "Engineering Fabrics," of the Standard Specifications. The filter fabric to be placed between the treated permeable base and the structure approach embankment material and the woven tape fabric to be placed between the treated permeable base and the approach slab shall be treated to provide a minimum 70 percent ' 87260 87 -1 7anuary,1990 10 -69 breaking strength retention when tested in accordance with ASTM Designation: D 4355. The subgrade to receive the filter fabric, immediately prior to placing, shall conform to the compaction and elevation tolerance specified for the material involved. Filter fabric shall be aligned, handled and placed in a wrinkle -free manner in accordance with the manufacturer's recommendations. Adjacent borders of the filter fabric shall be overlapped from 12 to 18 inches or stitched. The preceding roll shall overlap the following roll in the direction of the material is being spread or shall be stitched. When the fabric is joined by stitching, it shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The stitches shall number 5 to 7 per inch of seam. Equipment or vehicles shall not be operated or driven directly on the filter fabric. STRUCTURE APPROACH DRAINAGE SYSTEM The structure approach drainage system shall consist of the following: GEOCOMPOSITE DRAIN Geocomposite drain shall consist of a manufactured core not less than 0.25 -inch thick nor more than 2 inches thick with one or both sides covered with a layer of filter fabric. Filter fabric for the geocomposite drain shall conform to the provisions for fabric for underdrains in Section 88, "Engineering Fabrics," of the Standard Specifications. The filter fabric shall be treated to provide a minimum 70 percent breaking strength retention when tested in accordance with ASTM Designation: D 4355. The manufactured core shall be either a preformed grid of embossed plastic, a mat of random shapes of plastic fibers, a drainage net consisting of a uniform pattern of polymeric strands forming 2 sets of continuous flow channels, or a system of plastic pillars and interconnections forming a semirigid mat. The core material and filter fabric shall be capable of maintaining a drainage void for the entire height of geocomposite drain. The filter fabric shall be integrally bonded to the core material. Core material manufactured from impermeable plastic sheeting having nonconnecting corrugations I 87260 87 -1 , January,1990 10 -70 L ' Concrete for use in drainage pads shall conform to the provisions in Section 90 -10, ":Minor Concrete," of the Standard Specifications, except the concrete shall contain not less than 470 pounds of cement per cubic yard. TREATED PERMEABLE BASE Treated permeable base to be placed around slotted plastic pipe at the bottom of abutments shall conform to the provisions in "Treated Permeable Base," for structure approach slabs. If asphalt treated permeable base is used, it shall be placed at a t temperature of not less than 180 degree F. nor more than 230 degree F. The filter fabric to be placed over the treated permeable base at the bottom of abutments shall conform to the requirements for filter fabric for underdrains in Section 88, "Engineering Fabrics," of the Standard Specifications. The filter fabric shall ' be treated to provide a minimum 70 percent breaking strength retention when tested in accordance with ASTM Designation: D 4355. 87260 87 -1 January,1990 10 -71 shall be placed with the corrugations approximately perpendicular to the drainage collection system. When only one side of the geocomposite drain is covered with filter fabric, the drain shall be installed with the filter fabric side facing the embankment. The fabric facing the embankment side shall overlap a minimum of 3 inches at all joints and wrap around the exterior edges a minimum of 3 inches beyond the exterior edge. If additional fabric is needed to ' provide overlap at joints and wrap- around at edges, the added fabric shall overlap the fabric on the geocomposite drain at least 6 inches and be attached thereto. ' Should the fabric on the geocomposite drain be torn or punctured, the damaged section shall be replaced completely or repaired by placing a piece of fabric that is large enough to cover the damaged area and provide a 6 -inch overlap. PLASTIC PIPE ' Plastic pipe shall conform to the provisions for pipe for edge drains and edge drain outlets in Section 68 -3, "Edge Drains," of the Standard Specifications. ' DRAINAGE PADS ' Concrete for use in drainage pads shall conform to the provisions in Section 90 -10, ":Minor Concrete," of the Standard Specifications, except the concrete shall contain not less than 470 pounds of cement per cubic yard. TREATED PERMEABLE BASE Treated permeable base to be placed around slotted plastic pipe at the bottom of abutments shall conform to the provisions in "Treated Permeable Base," for structure approach slabs. If asphalt treated permeable base is used, it shall be placed at a t temperature of not less than 180 degree F. nor more than 230 degree F. The filter fabric to be placed over the treated permeable base at the bottom of abutments shall conform to the requirements for filter fabric for underdrains in Section 88, "Engineering Fabrics," of the Standard Specifications. The filter fabric shall ' be treated to provide a minimum 70 percent breaking strength retention when tested in accordance with ASTM Designation: D 4355. 87260 87 -1 January,1990 10 -71 MEASUREMENT AND PAYMENT Structural concrete, approach slab (Type N) will be measured and ' paid for in accordance with the provisions in Sections 51 -1.22, "Measurement," and 51 -1.23, "Payment," of the Standard Specifications. ' Full compensation for miscellaneous metal, pourable seals, reinforcing steel, treated permeable base, and filter fabric and for the structure approach drainage system including geocom posite drain, ' plastic pipe, and drainage pads shall be considered as included in the contract price paid per cubic yard for structural concrete, approach slab (Type N) and no additional compensation will be allowed ' therefor. 10 -1.65 STRUCTURE APPROACH SLABS (Type EQ) This work shall consist of constructing reinforced concrete approach ' slabs at structure approaches in accordance with the details shown on the plans, the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. ' REINFORCED CONCRETE SLABS Concrete for use in approach slabs shall contain not less than 658 , pounds of cement per cubic yard. The top surface of approach slabs shall be finished in conformance ' with the provisions in Section 51 -1.17, "Finishing Bridge Decks," of the Standard Specifications. Edges of slabs shall be edger finished. Approach slabs shall be cured by the pigmented curing compound ' (State Specification 8030- 71D -04) method in accordance with the provisions for curing structures in Section 90 -7.01, "Methods of Curing," of the Standard Specifications. , MISCELLANEOUS METAL Miscellaneous steel parts shall conform to the provisions in Section , 75, "Miscellaneous Metal," of the Standard Specifications. JOINTS ' Hardboard and expanded polystyrene shall conform to the provisions in Section 51- 1.12D, "Sheet Packing, Preformed Pads and Board Fillers," of the Standard Specifications. ' The pourable seal between the steel angle and concrete barrier shall consist of a 2- component polyurethane sealant conforming to the requirements for Type A and AL seals in Section 51- 1.12F(3), ' 87260 87 -1 ' January,1990 10 -72 ' DRILL AND BOND DOWELS 1 Drilling and bonding dowels shall conform to the details shown on the 1 plans, the provisions in Section 83- 2.02D(1), "General," of the "Materials and Installation," of the Standard Specifications. The ' sealant may be mixed by hand -held power- driven agitators and placed by hand methods. ' Building paper shall be commercial quality 30 -pound felt. Polyvinyl chloride (PVC) conduit at the threaded rod shall be commerical quality. ' MEASUREMENT AND PAYMENT ' Structural concrete, approach slab (Type EQ) will be measured and paid for in accordance with the provisions in Sections 51 -1.22, ' "Measurement," and 51 -1.23, "Payment," of the Standard ' Specifications. ' Full compensation for miscellaneous metal, pourable seals and reinforcing steel shall be considered as included in the contract price ' paid per cubic yard for structural concrete, approach slab (Type EQ) and no additional compensation will be allowed therefor. ' DRILL AND BOND DOWELS Drilling and bonding dowels shall conform to the details shown on the plans, the provisions in Section 83- 2.02D(1), "General," of the Standard Specifications and these special provisions. Reinforcing steel dowels shall conform to the provisions in "Reinforcement" elsewhere in these special provisions. ' Dowels to be bonded into drilled holes will be paid for as bar reinforcing steel (bridge). ' Drilling and bonding dowels will be measured and paid for by the linear foot determined by the number and the required depth of holes as shown on the plans, or as ordered by the ' Engineer. The contract price paid per linear foot for drill and bond dowel ' shall include full compensation for furnishing all labor, materials (except reinforcing steel dowels), tools, equipment, and incidentals, and for doing all the work involved in drilling the holes and bonding the dowels, complete in place, as shown on the plans, as specified in these special provisions and as ' directed by the Engineer. 10 -1.66 WATERSTOPS "Concrete Waterstops shall conform to the provisions in Section 51, Structures," of the Standard Specifications. 87260 87 -1 January,1990 10 -73 10 -1.67 10 -1.68 10 -1.69 SEALING JOINTS Joints in concrete bridge decks and. joints between concrete structures and concrete approach slabs shall be sealed in conformance with the details shown on the plans, the provisions in Section 51, "Concrete Structures,' of the Standard Specifications and these special provisions. When ordered by the Engineer, a joint seal larger than called for by the Movement Rating shown on the plans shall be furnished and installed. Payment to the Contractor for furnishing the larger seal and for saw cutting the increment of additional depth of groove required will be determined as provided in Section 4 -1.03, "Changes," of the Standard Specifications. REINFORCEMENT Reinforcement shall conform to the provisions in Section 52, "Reinforcement," of the Standard Specifications and these special provisions. GENERAL The first paragraph of Section 52 -1.08, "Splicing," of the Standard Specifications is amended to read: Splicing of reinforcing bars shall be by lapping, butt welding, mechanical butt splicing, or by mechanical lap splicing, at the option of the Contractor. Reinforcing bars Nos. 14 and 18 shall not be spliced by lapping. The subparagraph of the sixth paragraph of Section 52 -1.08, "Splicing," of the Standard Specifications is amended to read: The mechanical lap splice shall be a unit consisting of a sleeve, in which the reinforcing bars are positioned, and a wedge driven through holes in the sleeve and between the reinforcing bars. The mechanical lap splice shall only be used for splicing deformed reinforcing bars Nos. 4, 5 and 6. One mechancial lap splice units shall be used for splices of epoxy - coated bars. EPDXY - COATED REINFORCING STEEL Epoxy - coated reinforcing steel shall conform to the provisions in Section 52, "Reinforcement," of the Standard Specifications and these special provisions. All bar reinforcing steel in the leveling courses over the existing bent caps and in areas where expansion joints are to be modified shall be epoxy coated. 87260 87 -1 January,1990 10 -74 L, 1 1 11 1 F 1 1 I 1 I I ' 10 -1.70 TREAT BRIDGE DECKS Concrete roadway surfaces of bridge decks shall be treated with a ' penetrating sealer in accordance with details shown on the plans and the requirements of these special provisions. Attention is directed to "Order of Work" of these special provisions. The surfaces to be treated include surfaces of the bridge decks of the Newport Beach Channel Bridge and a portion of the Newport Beach Channel Bridge (Widen). The deck treatment area of the new widening shall be a 6 -inch wide strip of the closure pour adjacent to the existing bridge deck. Attention is direct to "Deck Closure Pour" in "Concrete Structures" of these special provisions. ' The work to be done includes preparing surfaces and furnishing and applying treatment material. Concrete surfaces shall be prepared by abrasive blasting of asphaltic or petroleum products and concrete curing seals from the deck surface, by manual or power sweeping the entire deck surface to be treated and by blowing all loose material from visible cracks using high pressure air. The material used for treating the concrete shall be a low viscosity, non- fuming, high molecular weight methacrylate resin conforming to ' the following: HIGH MOLECULAR WEIGHT METHACRYLATE RESIN Viscosity: 25 cp, maximum, (Brookfield RVT ASTM D 2393 W /UL adaptor, 50 RPM at 77 ' degree F.) Density: 8.4 to 8.9 lb/gal at 77 degree F. ASTM D 2849 ' Flash Point: 180 degree F., minimum ASTM D 3828 Vapor Pressure: 1.0 mm Hg, maximum, at 77 degree F. ASTM D 323 ' Tg (DTA): 58 degree C., minimum ASTM D 3418 Tack -Free Time: 400 minutes, maximum at 77 degree F. California tentative test ' method 1 A compatible promotor /initiator system shall be capable of providing a resin gel time of not less than 40 minutes nor more than 1 1/2 hours at the temperature of application. Gel time shall be adjusted to compensate for the changes in temperature throughout treatment application. 87260 87 -1 7anuary,1990 10 -75 Traffic shall not be permitted on the treated bridge deck until: (1) the treated surface is tack free (non oily), and (2) the sand cover adheres sufficiently to resist brushing by hand, and (3) the coefficient of friction of the deck is at least 0.35 when tested in accordance with California Test 342. The promoter and initiator, if supplied separately from the resin, shall not be mixed directly with each other. Containers of promoters and initiators shall not be stored together in a manner that will allow leakage or spillage from one to contact the containers or material of the other. The quantity of promoted /initiated, resin shall be limited to 5 gallons at a time for manual application. Machine application of the resin may be performed by using a two - part resin system utilizing a promoted resin for one part and an initiated resin for the other part. This two -part resin system may be combined at equal volumes to spray bars through separate positive displacement pumps. 'Combining of the 2 components may be by either static in -line mixers or by external intersecting spray fans. The pump pressure at the spray bar shall not be great enough to cause appreciable atomization of the resin. Compressed air shall not be used to produce the spray. A Certificate of Compliance conforming to the provisions in Section 6 -1.07, "Certificate of Compliance," of the Standard Specifications and a Material Safety Data Sheet shall be furnished for each shipment of high molecular weight methacrylate resin certifying that the material conforms to the requirements of these special provisions. The contractor shall seal a test area on the bridge of at least 500 sq. ft. prior to treating the remainder of the bridge decks. Conditions during the test sealing and equipment used in the test shall be similar to those expected and used for the deck sealing operations. The test seal shall comply with the above 3 requirements for traffic use of the treated decks. Joints, drainage facilities, traffic stripes, pavement markings, and pavement markers shall be adequately protected to prevent contamination by the treatement material. Contaminated items shall be repaired at the Contractor's expense and no additional compensation will be made. Prior to applying the resin, the area to receive the resin shall be dry, when tested in accordance with ASTM Designation: D 4263. The surface temperature shall be between 50 degree F. and 100 degree F. when the resin is applied. Methods proposed to heat the surface to meet these requirements shall be subject to the approval of the Engineer. I 1 I 1 1 I I 1 87260 87 -1 January,1990 10 -76 ' I i I Sand shall be spread by mechanical spreader, such as a lawn broadcast type seeder - spreader. The moisture content of sand when tested in accordance with California Test 226 shall not exceed one half of the aggregate absorption, when tested in accordance with California Test 207. Before the resin hardens, areas with standing liquid shall be filled with sand and finished to a uniform surface. I Treating bridge deck surfaces will be measured by the square foot based on plan dimensions and will be paid for as treat bridge deck. Furnishing the high molecular weight methacrylate resin will be I I I n I measured by the gallon of mixed material actually placed and will be paid for as furnish bridge deck treatment material. No payment will be made for material wasted or not used in the work. The contract price paid per square foot for treat bridge deck shall include full compensation for furnishing all labor, materials, (including sand, but excluding treatment material), tools, equipment and incidentals, and for doing all the work involved in preparing concrete surfaces, test sealing, and applying treatment material as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. 87260 87 -1 January, 1990 10 -77 The rate of application of promoted /initiated resin shall be approximately 100 square feet per gallon; the exact rate shall be determined by the Engineer. The deck surfaces to be treated shall be flooded with resin, allowing penetration into the concrete and filling of all cracks. The treatment shall be applied within 5 minutes after complete mixing. A significant increase in viscosity shall be cause for rejection. Excess I material shall be redistributed by squeegee or brooms within 10 minutes after application. The treated area shall be covered with 1.8 to 2.2 pounds of dry sand I per square yard 20 to 30 minutes after the resin has been applied and before any gelling of the resin. I The sand shall be either No. 8/20 commercial quality blast sand or material conforming to Section 90 -2.02, "Aggregates," of the Standard Specifications and the following gradation: Sieve Size % Passing No. 4 100 No. 8 90 -100 I No. 20 5 -10 No. 50 0 -5 Sand shall be spread by mechanical spreader, such as a lawn broadcast type seeder - spreader. The moisture content of sand when tested in accordance with California Test 226 shall not exceed one half of the aggregate absorption, when tested in accordance with California Test 207. Before the resin hardens, areas with standing liquid shall be filled with sand and finished to a uniform surface. I Treating bridge deck surfaces will be measured by the square foot based on plan dimensions and will be paid for as treat bridge deck. Furnishing the high molecular weight methacrylate resin will be I I I n I measured by the gallon of mixed material actually placed and will be paid for as furnish bridge deck treatment material. No payment will be made for material wasted or not used in the work. The contract price paid per square foot for treat bridge deck shall include full compensation for furnishing all labor, materials, (including sand, but excluding treatment material), tools, equipment and incidentals, and for doing all the work involved in preparing concrete surfaces, test sealing, and applying treatment material as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. 87260 87 -1 January, 1990 10 -77 The contract price paid per gallon for furnish bridge deck treatment , material shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to furnish the bridge deck treatment material to the site of the work, ready for ' application, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. 10 -1.71 TIMBER PILE DOLPHINS This work shall consist of constructing timber pile dolphins in accordance with the details shown on the plans and the requirements specified in these special provisions. Piles for timber pile dolphins shall conform to the requirements for timber piles in "Piling" of these special provisions. Bolts, nuts, washers and other miscellaneous metal required to construct the timber pile dolphins shall conform to the requirements specified in "Miscellaneous Bridge Metal" of these special provisions. , Galvanized sheet metal shall be commercial quality. Sheet metal shall be installed to cover piles as shown on the plans. Sheet metal shall be bent down around the sides of each pile top and nailed or stapled on the edges. Galvanized wire rope shall be commercial quality. Timber pile dolphin will be measured and paid for by the unit of actual count. ' The contract unit price paid for timber pile dolphin shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for all the work involved in constructing timber pile dolphins, including driving timber piles, and furnishing and installing miscellaneous metal and hardware, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. ' 10 -1.72 REINFORCED CONCRETE PIPE Reinforced concrete pipe shall conform to the provisions in Section ' 65, "Reinforced Concrete Pipe," of the Standard Specifications and these special provisions. Except as otherwise designated by classification on the plans or in , the specifications, joints for culvert and drainage pipes shall conform to the plans or specifications for standard joints. ' Circular reinforced concrete pipe shall be, at the option of the Contractor, either reinforced concrete pipe conforming to Section 87260 87 -1 ' 3anuary,1990 10 -78 ' j Shop plans shall include the wall thickness; type, size, location, and configuration of the reinforcement; and a list of station locations for the pipes, including the size, wall type, maximum height of cover, and method of excavation, bedding and backfill for each location. CONCRETE The Contractor shall determine the mix proportions for all concrete to be used in direct design method pipe. Before using concrete or in advance of revising approved mix proportions the Contractor shall ' submit in writing a copy of the concrete mix design to the Engineer for approval. ' 87260 87 -1 January,1990 10 -79 65- 1.02A, "Circular Reinforced Concrete Pipe," of the Standard ' Specifications or circular reinforced concrete pipe manufactured in accordance with the requirements of the direct design method of these special provisions. DIRECT DESIGN METHOD PIPE Direct design method circular reinforced concrete pipe shall be of the wall thickness and reinforcement, selected by the Contractor in ' accordance with the details for direct design method pipe shown on the plans and the following requirements: ' Direct design method pipe shall be installed in accordance with the method of excavation, bedding and backfill shown on the plans and designated for the particular pipe design selected by ' the Contractor. Direct design method pipe shall conform to the specifications of AASHTO Designation: M 170 except as shown on the plan or ` provided in these special provisions. The 3 -edge bearing test shall not apply to direct design method pipe. The wall thickness of "Wall V circular reinforced concrete pipe shall not vary more than 1/4 inch from the wall thickness shown ' on the plans. SHOP PLANS Shop plans conforming to Section 5 -1.02, "Plans and Working Drawings," of the Standard Specifications shall be submitted to the Engineer for approval. For initial review, 3 sets shall be submitted to the Office of Structures Design, Documents Unit, P.O. Box 942874, Sacramento, CA 94274 -0001. After review, 6 sets shall be submitted to the said Office for final approval and for use during construction. Shop plans shall include the wall thickness; type, size, location, and configuration of the reinforcement; and a list of station locations for the pipes, including the size, wall type, maximum height of cover, and method of excavation, bedding and backfill for each location. CONCRETE The Contractor shall determine the mix proportions for all concrete to be used in direct design method pipe. Before using concrete or in advance of revising approved mix proportions the Contractor shall ' submit in writing a copy of the concrete mix design to the Engineer for approval. ' 87260 87 -1 January,1990 10 -79 Concrete shall be designated by compressive strength as specified in Section 90 -1, "General," of the Standard Specifications and shall be prequalified in accordance with Section 90 -9, "Compressive Strength," of the Standard Specifications. Concrete shall be sampled and tested for compressive strength by the Contractor, at his expense, at least once every production shift, but not less often than once daily. REINFORCEMENT The circumferential reinforcement for circular reinforced concrete pipe shown on the plans shall be smooth or deformed reinforcement with a specified minimum yield strength of 65,000 psi with longitudinal reinforcement welded thereto at not more than 8 inches maximum spacing. Splices of circumferential reinforcement shall develop at least a strength equal to Awr Fy, where Awr = required area of reinforcement shown on the plans and Fy = specified yield strength of reinforcement. Spacers or stirrups may be welded to the longitudinal reinforcement. Welding of spacers or stirrups will be allowed on not more than 10 percent of the circumferential reinforcement at not less than 24 -inch spacing along the pipe length. Where spacers or stirrups are welded to circumferential reinforcement in excess of the above requirements or where longitudinals are welded to circumferential reinforcement, the strength of the circumferential reinforcement across the finished welds shall be not less than 1.1 Awr Fy. Additional reinforcement required for handling and installation stresses shall be determined, furnished and placed by the Contractor at his expense. MARKINGS Markings for direct design method circular reinforced concrete pipe shall be as required by AASHTO Designation: M 170 except that marking for class of pipe will not be required for such pipe. The markings required by AASHTO Designation: M 170 shall be supplemented by the following: contract number, maximum height of cover, method of excavation, bedding and backfill for the pipe. CERTIFICATE OF COMPLIANCE The Contractor shall furnish to the Engineer a Certificate of Compliance from the manufacturer in accordance with the provisions of Section 6 -1.07, "Certificate of Compliance," of the Standard 87260 87 -1 January,1990 10 -80 I I I El I I I I I 1 ' Specifications for each pipe shipment. The certificate shall be signed by the manufacturer's quality control representative and shall state that all materials and workmanship comply in all respects with the specifications and approved shop plans. tMODIFIED OR SPECIAL DESIGNS Payment for R.C.P. storm drain shall be at the contract price per lineal foot of pipe in place and shall include full compensation for all costs incurred for removal and replacement of pavement and /or ' removal and replacement of existing improvements necessary to construct the storm drain pipe, excavation, backfill, compaction, and bedding material. No additional compensation shall be allowed therefor. 1 87260 87 -1 January,1990 10 -81 Modified designs are the designs which differ from the direct designs shown on the plans with respect to the reinforcement only. Special designs are the designs which differ in any respect from those shown on the plans. Modified or special designs for direct design method pipe shall be submitted to the Engineer for approval in accordance ' with Section 5 -1.02, "Plans and Working Drawings," of the Standard Speci f icatio ns. ' Modified or special designs shall be designed according to the California Department of Transportation Bridge Design Specifications. The Contractor shall submit proof of the adequacy of the proposed modified or special design. The adequacy of modified or special designs, based upon conformance with crack requirements and structural design parameters, will be as determined by the Engineer. Modified designs shall not change the clear coverage from the surface of the concrete to the outside of the reinforcement not the thickness of the pipe barrel wall shown on the plans. The Department will not be liable to the Contractor for failure to accept any modified or special design submitted by the Contractor. PAYMENT 1 Full compensation for any delay or inconvenience in connection with furnishing direct design method reinforced concrete pipe or modified or special design method reinforced concrete pipe shall be considered ' as included in the contract price paid per linear foot for the size of reinforced concrete pipe involved and no additional compensation will be allowed therefore. Payment for R.C.P. storm drain shall be at the contract price per lineal foot of pipe in place and shall include full compensation for all costs incurred for removal and replacement of pavement and /or ' removal and replacement of existing improvements necessary to construct the storm drain pipe, excavation, backfill, compaction, and bedding material. No additional compensation shall be allowed therefor. 1 87260 87 -1 January,1990 10 -81 I 10 -1.73 REINFORCED CONCRETE STRUCTURES AND CATCH BASINS Work under these items consists of constructing the storm drain manholes, junction structures, catch basins with local depressions, and any other reinforced concrete storm drain structures as shown on the plans and in these specifications. Concrete and placement shall conform to Section 51 -1.02 "Minor Structures," of the Standard Specifications. Class A concrete per Section 90 -10 "Minor Concrete," of the Standard Specifications shall ' be used for all structures unless otherwise specified on the plans. All testings for the concrete shall be done in accordance to Section 6 "Control of Materials," of the Standard Specifications and these ' special provisions. A result of any testing that does not meet the requirements shall be rejected by the City, and it shall be reconstructed by the Contractor at no costs to the city. All concrete structures shall be placed on firm and damp subgrade. If the existing subgrade is unstable, then it shall be overexcavated to the depth to be determined by the Engineer. Bedding material shall be used to backfill within 6 inches from the bottom of and around concrete structures. The remaining overexcavated area shall be backfilled with aggregate base. , Payment for these items shall be at the contract price for each itern constructed in place and shall include all labor, materials, tools, manhole frame and cover, and equipment to complete the work. No additional compensation will be allowed therefore. 10 -1.74 EDGE DRAINS "Edge Edge drains shall conform to the requirements of Section 68 -3, Drains," of the Standard Specifications and these special provisions. 10 -1.75 WATER LINE CONSTRUCTION ' All work in the section shall be done in accordance with the Standard Specifications for Public Works Construction, 1988 Edition, and the City of Newport Beach Standard Special Provisions and Standard Drawings for Public Works Construction, 1988 Edition and these special provisions. 1 87260 87 -1 January,1990 10 -82 ' F Ll I I I L I I I 1 A. General. The Contractor shall furnish and install all pipe, fittings, closure pieces, supports, bolts, nuts, gaskets, jointing materials and appurtenances as shown and specified, and shall furnish and install all auxiliary piping and appurtenances as required for a complete and workable piping system. All piping shall be adequately supported. Where details are shown, the supports shall conform thereto and shall be placed as indicated; provided that support for all piping shall be complete and adequate regardless of whether or not supporting devices are specifically called for on the drawing. B. Ductile -Iron Pipe and Fittings (D.I.P.). Ductile -iron pipe and fittings shall be Class 52 with the "Bel -Tite" or "Tyton" joints as manufactured by Clow Corporation or U.S. Pipe and Foundry Company or approved equal and conform to the requirements set forth in Section 207 -9 of the Standard Specifications and shall have a minimum operating pressure of 350 psi. Installation of ductile -iron pipe and fittings shall conform to the requirements set forth in AWWA C600 -82. All such pipe shall be cement mortar lined in accordance with AWWA C -104. Restrained joints, if required or if approved by Engineer for use shall be 'TR -FLEX' as manufactured by U.S. Pipe and Foundry Company or 'Super- Lock', as manufactured by Clow Corporation, or an approved equal. Fittings shall be rubber gasketed, mechanical joint ductile -iron per AWWA C110 -82, CIII -80 and C104 -80. All such joints shall be made with retainer glands. All nuts and bolts shall be "Cor- Ten" tee bolts as per ASTM A -242 -81. Flanged fittings and pipe joints, where specified, shall be in conformance with .AWWA Specifications C -115, latest revision. All buried flange connections shall be made using 316 stainless steel, hex head nuts and bolts. Each shall be coated liberally with an anti -sieze compound. Where mechanical joint fittings are used, they shall include MJ retainer glands. Bolts for mechanical joints may be ductile iron or stainless steel. Polyethylene encasement is required for all buried ductile or cast -iron pipe sections, and shall have a minimum thickness of 8 mils and shall conform to the requirements of AWWA C105 -77. C. Installation. At all times when the work of installing pipe is not in progress, all openings into the pipe and the ends of pipe in the trenches shall be kept tightly closed to prevent entrance of animals and foreign materials. The Contractor shall take all 87260 87 -1 January, 1990 10 -83 necessary precautions to prevent the pipe from floating due to water entering the trench from any source, shall assume full responsibility for any damage due to this cause and shall at his own expense restore and replace the pipe to its specified condition and grade if it is displaced due to floating. The Contractor shall maintain the inside of the pipe free from foreign materials and in a clean and sanitary condition until its acceptance by the Agency. Trench widths for pipeline installation shall, unless otherwise specified or directed by the Engineer, conform to the following limitations: All Dimensions are in inches Nom. Pipe Maximum Width Size At Top of Pipe 1" 24" 2" 24" 4" 29" 6" 31" 8" 33" 10" 36" 12" 38" Minimum Width at Spring Line of Pipe 11" 11" 18" 19" 21" 24" 26" D. Tunnelling. Unless directed otherwise, the Contractor shall tunnel under existing pipelines and utilities located above the required grade for installation of the water line. The Contractor shall carefully expose, protect and support pipelines and utilities crossing the trench. Where tunnelling is required to cross beneath other existing utility conduits, backfill material shall be 100% sand. It shall be placed and compacted to the specified density. Sand backfill shall extend a minimum of 3 feet laterally from the outside walls of the utility conduit crossed and up to the spring line of same. Where specified, and /or at the direction of the Engineer, the Contractor may be required to tunnel beneath concrete cross gutter or curb and gutter sections. Where such tunnelling is required or is necessary, backfill shall be a two -sack sand - cement slurry mixture and shall be placed 3 feet to each side of the gutter section being crossed. At such crossings the water line shall be bedded with 100% sand. Refer to STD Drawaing No. 106 -L. 87260 87 -1 January,1990 10 -84 I 'I I I I I I I I ' The contract price to be paid for tunnelling under existing utilities as required for the installation of the water lines shall be included in the lump sum price for water line modifications ' and no additional compensation shall be allowed. E. Sleeve -Type Couplings. Unless otherwise specified, all sleeve- ' type couplings shall be ductile iron bolts. Couplings shall be Dresser Style 53, Rockwell Cast Couplings, or equal. Long sleeve couplings shall be used on all pipe larger than 8- inches. Long sleeve shall mean a center sleeve length of 12- inches or ' greater. F. Thrust Blocks. Thrust blocks and anchor blocks shall be installed along all mains where the direction of pipe changes 10 degrees or more, at fittings, at stub ends and at all other locations shown on the plans in accordance with Standard Drawing 510 -L. Concrete for thrust blocks and anchor blocks shall be cured as specified for "Pipe Bedding and Encasement" in the Concrete Class Use Table, Section 201 of the Standard Specifications, prior to pressure testing or trench backfilling. G. Backfill and Densification. The compaction provisions of this section are amended as follows: All trench Backfill and bedding shall be compacted to 90 percent minimum relative compaction. H. Water Densified Backfill. Water densified backfill, including flooding, will not be permitted, unless authorized by the Engineer. ' 1. Water Pressure Test. The Contractor shall test all mains in the presence of the Engineer. Caulked joint pipe shall be center loaded and all joints exposed during the test. Rubber gasket ' joints need not be exposed. The test shall consist of holding the test pressure in each section of the main tested for a period of two hours. The test pressure at the lower end of each section of main tested shall be 225 psi unless otherwise specified. The ' water necessary to maintain this pressure shall be measured through a meter or by other means satisfactory to the Engineer. The leakage shall be considered the amount of water entering ' the main during the test, less the measured leakage through valves and bulkheads. Leakage shall not exceed 25 gallon per inch diameter per mile per 24 hours. Noticeable leaks shall be repaired, any defective pipe shall be replaced with new sections ' and shall be retested. 87260 87 -1 7anuary,1990 10 -85 All labor, materials, tools and equipment for the testing shall ' be furnished at the expense of the Contractor. Disinfecting Water Mains. Water mains may be disinfected during the leakage test, providing satisfactory means acceptable to the Engineer are provided to protect against chlorine damage in case of a leak. Otherwise water mains shall be chlorinated and flushed after the Engineer's acceptance for ' leakage and before connection to the existing system. Chlorinated water shall be retained in the pipeline for at least 24 hours. After the chlorine treated water has been retained , for the required time, the chlorine residual at the pipe extremities and at other representative points shall be at least 25 ppm. This procedure shall be repeated, if necessary, until samples of water show the mains to be in a sterile condition. Valves and other appurtenances shall be operated while the pipeline is filled with chlorinated water. All disinfecting procedures, unless otherwise specified, shall be ' in accordance with the AWWA Standard C 601, "Standard for Disinfecting Water Main." 10 -1.76 RETAINING WALL This item includes the construction of concrete retaining walls and ' shall conform to Sections 51 & 90, "Concrete Structures" of the Standard Specifications. The earthwork required to construct the concrete retaining wall shall conform to Section 19 of the Standard Specifications. Concrete shall be Class A (564 Ibs /cy) per Section 90 of the Standard ' Specifications. Reinforcement shall be deformed bars of Grade 40 steel (Fy =40KSI) conforming to latest ASTM A615. Bar splices in concrete shall be , lapped of 40 bar diameters. Continuous bars shall extend full length of member containing them or be spliced with specified lap. The retaining wall shall be type IA and shall conform to CALTRANS ' Standard Plan B3 -3. 10 -1.77 VALVE VAULTS CONSTRUCTION A. General. All below -grade valves 16 inches in diameter and , larger shall be installed in reinforced concrete vaults in accordance with this specification. Vaults shall meet the , sizing, access and loading constraints detailed herein below. Vault sizing may vary depending upon the type of valve and the appurtenant piping and fittings to be placed in the vault. In all cases, vaults shall be sized to provide ample space surrounding , the valve, its flanges or maintainable and operable facility. 87260 37 -1 January,1990 10 -86 11 B. Vault Floors. All vaults shall have a concrete floor, ' either cast -in -place or precast. Floors shall be cast such that the floor will drain uniformly toward a recessed sump, to be placed near one corner of the vault. The ' chosen corner shall be near or at a location such that a pump suction hose could be easily lowered into the sump from the vault access opening. The recessed sump opening shall be either round or square with a minimum dimension of 12 inches. The sump opening shall be covered by a removable cast metal grate ' capable of carrying any anticipated construction loadings. The sump shall be a collection sump, not a free draining sump. The sump shall be a minimum of 8 inches deep. The sump grate shall be provided such that it is flush with the vault floor. The grate shall be as manufactured by Alhambra Foundry or approved equivalent. ' C. Piping Clearance. Clearance between the lowest part of the vault piping or appurtenances and the vault floor shall be a minimum of 18 inches. The desired dimension is 24 inches. D. Vault Dimensions. The minimum interior vault dimension for height is 6 feet, 6 inches (6' -6 "). This is to allow ' operating personnel to stand in the vault without stooping. Where pipe cover is near the minimum allowable, the clearance between the piping and the vault floor shall be ' increased to provide the minimum height dimension. The minimum interior vault width (perpendicular to the piping axis) shall be 8 feet. The minimum vault length ' (running axially with the direction of the piping) shall be 8 feet. Both width and length may be increased to accommodate varying piping configurations and field ' conditions. E. Vault Construction and Load Capacity. Vaults may be cast -in -place or may be supplied as pre -cast modular ' units. The minimum loading requirements shall be satisfied. Vaults subject to vehicular traffic loading shall be capable of sustaining CalTrans "H -20" loading. ' Vaults in parkway areas may be designed for CalTrans "H- 5" loading. In no instances shall the wall thickness of the vault be less than 6- inches; nor shall the vault base be less than 8- inches; nor shall the vault ceiling be less than 6- inches thick. All sides of the vault shall be properly reinforced with steel to withstand the specified loading. ' 87260 87 -1 January,1990 10 -87 Precast vaults shall be as manufactured by Brooks Products, Quickset or Utility Vault Company. F. Vault Access. The vault shall have two top openings. One shall be a standard 36 -inch diameter manhole, frame and cover. It shall be larger if necessary. This opening shall be centered over the body of the valve and shall be sized so as to pass the valve less its operator or the largest pipe fitting in the vault. The other opening shall be rectangular with minimum dimensions of 24" x 30 ". The cover shall be hinged, spring - assisted diamond plate metallic cover. Material shall be either aluminum or stainless steel. Covers shall be designed to carry the appropriate vehicular loading. Refer to section "1.5 Vault Construction and Load Capacity" above. G. Pipe Wall Joints. Pipe thru wall joints shall be sealed using an oversized cast in place or precast metallic wall sleeve and a rubberized mechanical expansion gland equal to "Link- Seal ", as manufactured by Thunderline Corporation of Wayne, Michigan. Grout sealing of these joints is not an acceptable practice. Precast vault sections, cold joints on cast -in -place concrete and manhole ring joints shall be sealed with non - shrink cement grout and shall be finished smooth inside. All joints shall be water -tight and shall prevent groundwater or percolation from entering the vault. H. Ventilation. The vault shall have two 8 -inch diameter ventilation openings near the top of the interior vault. Vent pipe shall be run to ground surface. The vent stacks shall be set at the nearest parkway or approved median location or to that location designated on the plans. Pipe shall be PVC, schedule 40 or thicker. Steel ventilation piping is not acceptable. PVC ventilation pipe passing thru the vault wall may be grouted into place with a non - shrink cement grout material. Such joints must be water- tight. One of the two vent pipes must be extended inside the vault to a point approximately 12 inches off of the vault floor. Grip Strut type wall brackets shall be used to fasten the vent piping to the vault wall. I I, LJ I I 1 1 87260 87 -1 ' January,1990 10 -88 1 I [1 Above -grade PVC vent stacks shall be as manufactured by Armour -Cast Company (formerly UTEL Supply Co.). Vent stack kits shall be UPSRK -8. PVC materials shall have an ultra- violet light protection additive such as "carbon- black ". White, unprotected PVC is not acceptable. The riser shall be bolted to the riser coupling using 3J8 -inch stainless steel toggle bolts, four places minimum on each. 1. Vault Hard ware do Appurtenances. All vaults shall be equipped with an interior, wall- mounted ladder. The ladder shall be equipped with side rail extensions (two) as manufactured by ' Brooks Products, Specialty Dept. or other pre - approved manufacturers equivalent. The ladder shall meet all of the dimensional, loading and material requirements of OSHA. Steel ladders and all appurtenant mounting hardware shall be hot -dip galvanized after fabrication. The bottom of the ladder shall be a minimum of six - inches off of the vault floor. Floor mounts are not acceptable. 'J. Shop do Fabrication Drawing Submittals. Complete and detailed shop and fabrication drawings shall be submitted to the Newport Beach Utilities Department for approval prior to construction. Drawings shall indicate all vault details and appurtenant material fabrication details, dimensions and manufacturers product data. Materials not approved in advance by the City shall be subject to rejection. K. Payment. The contract lump sum price or prices paid for water vault construction shall include water line and valve vault construction in connection with work shown on Sheet U -1, Utility Plan. Full compensation for hauling and stockpiling materials shall be ' considered as included in the contract price for the item requiring the material to be salvaged, and no additional compensation will be allowed therefor. 10 -1.73 ROCK SLOPE PROTECTION Rock slope protection shall conform to the provisions in Section 72, "Rock Slope Protection," of the Standard Specifications. 10 -1.79 MISCELLANEOUS BRIDGE METAL ' Miscellaneous metal shall conform to the provisions in Section 72, "Miscellaneous Metal," of the Standard Specifications and these special provisions. 87260 87 -1 0anuary,1990 10 -89 Miscellaneous metal shall consist of the metal items listed in Section 75 -1.03, "Miscellaneous Bridge Metal," of the Standard Specifications, and the following: Steel angles, steel sheeting, bolts, nuts and washers for constructing the tell tale. All metal parts of anchorage devices shall be fabricated from steel, which shall be either corrosion resistant (stainless steel) or galvanized. Such galvanizing shall be by the hot -dip or mechanical method. The third subparagraph of the eleventh paragraph of Section 75 -1.03, "Miscellaneous Bridge Metal," of the Standard Specifications is amended to read: Cast -in -place anchorage devices shall be ferrule loop type. All metal parts of the anchorage devices shall be fabricated from stainless steel conforming to the requirements of ASTM Designation: A 276, Type 304 or 316. The fourth subparagraph of the eleventh paragraph of Section 75- 1.03, "Miscellaneous Bridge Metal," of the Standard Specifications is amended to read: Mechanical expansion or resin capsule type anchorage devices shall, when installed in accordance with the manufacturer's instructions and these specifications, and tested in accordance with California Test 681, withstand the application of a minimum sustained direct tension loading shown below for a period of at least 48 hours with a movement not greater than 0.035 -inch: Anchorage Device Stud Diameter, (inch) 1 1/4 1 7/8 * 3/4 5/8 1/2 3/8 1/4 Sustained Tension Load, (pounds) 31,000 17,900 14,400 5,000 4,100 3,200 2,100 1,000 *Maximum stud diameter for mechanical expansion anchor. 87260 87 -1 January,1990 10 -90 1 1 11 Cast -in -place type anchorage devices shall, when installed in accordance with the manufacturer's instructions and these specifications, and tested in accordance with California Test 682 in concrete with a maximum compressive strength of 4000 psi, withstand the minimum ultimate tensile load of: Anchorage Device Stud Diameter, (inch) 7/8 3/4 5/8 1/2 Sustained Tension Load, (pounds) 16,000 11,600 7,200 6,600 4,200 The fifth subparagraph of the eleventh paragraph of Section 75 -1.03, "Miscellaneous Bridge Metal," of the Standard Specifications is amended to read: All concrete anchorage devices shall be subject to the approval of the Engineer. Approval of anchorage device types and sizes shall be contingent upon the Contractor submitting to the Engineer sample concrete anchorage devices, manufacturer's installation instructions, and certified results of tests, either by a private testing laboratory or the manufacturer, indicating compliance with the above requirements. Anchorage devices previously tested and found to be in compliance with the above requirements and approved by the Engineer need not be retested. The installation torque chart in the seventh subparagraph of the eleventh paragraph of Section 75 -1.03, "Miscellaneous Bridge Metal," of the Standard Specifications is amended to read: Resin Capsule Anchors and Cast-in-place Type 550 330 200 150 80 35 17 5 Anchorage Device Mechanical Expansion .Anchors Stud Diameter, Internally Integral (inch) Threaded Stud Type Type ' 1 1/4 1- = 7/8 - - 3/4 80 125 5/8 50 90 112 30 60 3/8 20 35 1/4 10 10 ' 87260 87 -1 - anuary,1990 10 -91 Resin Capsule Anchors and Cast-in-place Type 550 330 200 150 80 35 17 5 10 -1.80 CONCRETE BARRIER Concrete barriers shall conform to the provisions in Section 83 -2, "Barriers," of the Standard Specifications and these special provisions. The fourth paragraph in Section 83- 2.021)(4), "Finishing," of the , Standard Specifications is amended to read: The final surface finish of concrete barriers other than Type 50 , series shall be Class 1 Surface Finish as specified in Section 51- 1.18B, "Class 1 Surface Finish." Alternative final surface finish methods proposed by the Contractor shall be submitted in writing and shall not be used until approved by the Engineer. ' Type 26A and Type 26AS concrete barriers will be measured and paid for as concrete barrier (Type 26). Concrete for use in concrete barriers shall contain not less than 658 pounds of cement per cubic yard and shall be air- entrained concrete as provided under "Materials" elsewhere in these special provisions. ' Bar reinforcing steel for use in concrete barriers shall conform to the provisions in Section 52- 1.02B, "Epoxy- coated Bar Reinforcement," of the Standard Specifications. 10 -1.81 CHAIN LINK RAILING Chain link railing shall conform to the provisions in Section 83 -1, , "Railings," of the Standard Specifications and these special provisions. The chain link fabric shall be 9 -gage, Type IV, bonded vinyl coated , fabric, conforming to the requirements in AASHTO Designation: M t81. The strength of the bond between the coating material and steel of the bonded vinyl coated chain link fabric shall be equal to or greater than the cohesive strength of the polyvinyl chloride (PVC) coating , material. 10 -1.82 TUBULAR HANDRAILING Tubular handrailing shall conform to the provisions in Section 83 -1, ' "Railings," of the Standard Specifications. 10 -1.83 CABLE RAILING , Cable railing shall conform to the provisions in Section 83 -1, "Railings," of the Standard Specifications. ' 87260 87 -1 Oanuary,1990 10 -92 I Existing sewers and manholes shall be abandoned in accordance with Section 306 -5 of the Standard Specifications. Payment for Sanitary Sewer Construction shall be made at the lump sum price paid for "Sanitary Sewer Construction" and shall include all costs of furnishing and installing pipe, manholes, trenching, bedding, dewatering, pipe laying, backfill, compaction pavement removal and replacement, and all appurtenant work complete in place. 87260 87 -1 January, 1990 10 -93 10 -1.84 NAVIGATION LIGHTS Work under this item consists of the removal and storage of the ' existing navigation lights, construction of interim navigation lights and construction of permanent navigation lights after the completion of the bridge widening. Prior to removal of the existing navigation lights interim navigation lights shall be installed per the plans on the new dolphin piles. The existing navigation lights shall be removed, salvaged and given to the Engineer for safekeeping until the bridge widening is complete, at which time they shall be installed in their permanent location. Payment for this item shall be at the contract lump sum price and shall include full compensation for furnishing all labor, materials, equipment and incidentals necessary to perform the necessary work. No additional compensation shall be allowed. 10 -1.85 SANITARY SEWER CONSTRUCTION This work shall consist of constructing sanitary sewer, sewer ' manholes and modifying the existing sewerline and manholes with the details shown on the plans in conformance with the Standard Specifications for Public Works Construction, 1988 Edition, and the City of Newport Beach Standard Special Provisions and Standard Drawings for Public Works Construction, 1988 Edition and these special provisions. Sewer Pipe shall be vitrified clay pipe in accordance with Section ' 207 -8 of the Standard Specifications. Manholes shall be constructed in accordance with applicable City of ' Newport Beach Standards. I Existing sewers and manholes shall be abandoned in accordance with Section 306 -5 of the Standard Specifications. Payment for Sanitary Sewer Construction shall be made at the lump sum price paid for "Sanitary Sewer Construction" and shall include all costs of furnishing and installing pipe, manholes, trenching, bedding, dewatering, pipe laying, backfill, compaction pavement removal and replacement, and all appurtenant work complete in place. 87260 87 -1 January, 1990 10 -93 10 -1.86 BUILDING DEMOLITION AND UNDERGROUND STORAGE TANK REMOVAL A)GENERAL Work under this item shall consist of the demolition and removal of gasoline service station located at Newport Boulevard, Newport Beach, consisting of an office /storage building, pump island and canopy and the removal of all underground tanks and miscellaneous yard improvements including asbestos removal and containment at the building and the backfill and leveling of all excavations after completion of demolition work and removal of underground storage tanks. All work shall conform to the details shown on the plans, and these special provisions. As used herein General Specifications shall mean the "General Specifications for Services Contracts" of the Department of Transportation (Caltrans) dated 1981. B) BUILDING DEMOLITION AND REMOVAL a) The work to be done shall conform to Section 10 "Demolition and Removal" of the General Specifications and these Special Provisions. b) The above- described improvements and all materials resulting from their demolition or removal shall become the property of the contractor and shall be removed from the premises. c) Contractor shall excavate and plug sewer lateral(s) in accordance with Section 10.10 of General Specifications and Local Codes. d) Prior to starting demolition operations the contractor shall notify the utility companies to remove their service lines. e) Prior to starting demolition operations adjacent to any public way, the contractor shall erect a protection fence. A protection fence will not be necessary when the distance from the improvement to the public way is more than one -half the height of the building being demolished. f) A heavy duty protection canopy shall be provided in addition to the protection fence when the distance from the public way to the building being demolished is less than one - fourth the height of the building. Said canopy shall be subject to the approval of the engineer. g) Where a protection fence is erected on a public sidewalk a pedestrian walkway shall be provided. The walkway shall be one -half as wide as the sidewalk but shall be not less than three feet (39 wide and need not be more than six feet (61) wide. The required width of the walkway shall be unobstructed. 1 L 11 I 1 I 11 L 87260 87 -1 , January 1990 10 -93 (a) 87260 87 -1 January 1990 10 -94 h) Protection fences shall be constructed in accordance with Section 10.04 of the General Specifications. 1) No structural member in any story shall be demolished or removed until the story next above is completely ' removed, exempting Class "A" masonry and /or concrete buildings, subject to the approval of the engineer. j) The cleaning of brick on the site is prohibited. ' k) The contractor shall break the floor of and fill all basesments, pits and sumps and backfill all excavations resulting from the removal operations in accordance with Section 10.08 of the General Specifications. m) The contractor shall not proceed from one item of work to the next until the previous item is in a non - hazardous condition and all combustible material has been removed. n) Concrete retaining walls shall not be removed except when specifically directed by the engineer. o) The Contractor authorizes the State to remove partially demolished structures and /or piles of debris that remain for a period of more than three working days. The cost shall be deducted from monies due or to become due the Contractor. THIS WORK MAY BE DONE WITHOUT PRIOR NOTIFICATION TO THE CONTRACTOR. p) The engineer reserves the right to search for buried debris after completion of the demolition operations. If debris is uncovered the contractor agrees to pay to the State the cost of the exploratory work. q) The contractor shall trim and remove all tree limbs to a height of six (6) feet above the ground level. r) The contractor shall replace all sidewalk damaged by his operations. s) Your attention is directed to Section 10.02 of the General Specifications which specifically provides that: "All ' materials resulting from the demolition of improvements shall become the property of the Contractor and the Contractor shall remove said materials from the premises with his own organization. The Contractor shall not ' dispose of the improvements or materials therefrom by sale, gift, or in any manner whatsoever to the general public at the site provided however, that this provision shall not be construed as limiting or prohibiting the sale or disposal of such improvements or materials at the site 87260 87 -1 January 1990 10 -94 to duly licensed contractors or material men, provided that the materials are removed by the Contractor. Removal of buildings as a unit, or in sections capable of reassembly as a structure, is expressly prohibited." C. HAZARDOUS AND /OR TOXIC WASTES OR MATERIALS Contractor shall immediately notify the Engineer upon encountering any type of hazardous and /or toxic wastes or materials, not set forth in Asbestos Inspection and Assessment Report provided bidders, during the demolition and removal process. Resident Engineer will request an immediate site investigation by District Hazardous Waste Coordinator. Should it become necessary to terminate the demolition and removal process, the Contractor will be compensated only for work in progress or actually completed. The amount of such compensation will be determined by the Resident Engineer. No payment will be made for delay or lost profits anticipated for uncompleted work. Failure of the Contractor to notify the Engineer of the presence of hazardous and /or toxic wastes or materials may result in legal liability to the Contractor for all actual damages resulting to the Department of Transportation. D. REMOVAL AND DISPOSAL OF ASBESTOS GENERAL This work shall consist of identifying, disposal of materials containing friable prior to the demolition of improvements licenses, permits, certification and othe r work. The Contractor shall: quantifying, removal and and /or non- friable asbestos and obtaining all necessary documents needed for the Prepare a plan presenting the methods for removal, handling, transporting and disposal of friable or non - friable asbestos. The plans for friable asbestos must be approved by the local Air Quality Management District prior to submittal to the Contract Administrator. Plans must be submitted to the Engineer five (5) days prior to the start of work. This plan shall include identification of all EPA and Occupational Safety and Health Administration (OSHA) Licenses, permits and certifications required for asbestos abatement work, removal, handling and transport. All asbestos work shall conform to all Federal, State, and local laws governing the identification, preparation, workers, equipment, safety, monitoring, signing, fencing, removal, hauling and disposal of friable P I I 87260 87 -1 January 1990 10 -95 ' L i 1 and non - friable asbestos and shall supply copies or information on all applicable licenses, permits, and notifications required by applicable laws and regulations. Applicable regulations include, but are not limited to, the following: ' 1. California Health and Safety Code, Division 20, Chapter 6.5 Hazardous Waste Control, Chapter 6.8 Hazardous Substance Account. 2. 40CFR61 Subpart M- National Emissions Standards for Asbestos. 3. California Code of Regulations, Title 8, General Industry Safety Order 5208, Asbestos. 4. Code of Federal Regulations, Title 29, Part 26, Occupational Safety and Health Administration. 5. Code of Federal Regulations, Title 29, Part 1910, 1 Hazardous Waste Operations and Emergency Response. 6. South Coast Air Quality .Management District Rule 1403. ' FRIABLE ASBESTOS In cases involving friable asbestos the Contractor shall secure the services of a licensed asbestos contractor for the removal and 1 disposal of asbestos. Contractor shall be responsible for maintaining, monitoring, securing, and posting the site in accordance with all laws, regulations and permits required for asbestos abatement work. Contractor shall maintain all records required for asbestos abatement work. Contractor shall provide the Contract Administrator with copies of all documents required for the asbestos abatement work and a certification at the conclusion of the asbestos removal and disposal that all work was completed in accordance with the appropriate laws, 1 regulations and permits. The Contractor shall use a California Uniform Hazardous Waste Manifest which will be signed by the Contract Administrator or his designee. The Contractor shall use hazardous waste haulers having current ' registration with the California Department of Health Services (DOHS), and shall have a U.S. EPA Identification Number (US EPA ID number). Caltrans will supply the EPA generator number for the Contractor for the disposal friable asbestos. 87260 87 -1 January 1990 10 -96 1 Disposal of the friable asbestos shall be at (name, address of disposal facility) and no other facility will be allowed without the written ' approval of the Contract Administrator. Contractor shall pay any disposal site charges. NON - FRIABLE ASBESTOS , Non - friable asbestos containing material waste is not to be considered hazardous waste. The Contractor shall take precautions , during removal that it remains wet, breakage is minimized, minimal visual emissions are allowed and it is not physically altered or powdered to result in the release of free asbestos fibers. , An EPA generator number is not required for non - friable asbestos. Non - friable asbestos shall be placed into appropriate containers and t suitably covered. Disposal of the non - friable asbestos will be at (name, address of disposal facility) and no other facility will be allowed without the ' written approval of the Contract Administrator. Contractor shall pay any disposal site charges. E. REMOVAL OF UNDERGROUND STORAGE TANK(S) , Contractor shalt remove the underground storage tank(s) in accordance with the General Specifications for Service Contracts, , Sections 1 through 10 and 13 and these contract terms. To the extent that there is any conflict between these Special Provisions and the General Specifications, the Special Provisions shall prevail. ' Removal of underground storage tanks shall conform to the guidelines of the County of Orange Health Care Agency included in .Appendix D. Whenever the word "Owner" is used in the guidelines it shall be ' replaced by the work "Contractor ". Demolition of the fill box(es), underground piping, concrete vault(s), covers, barriers, and vent pipe(s) shall be included and no further ' compensation for this work shall be paid. Contractor shall backfill the excavation(s) after completion of demolition work and removal of underground storage tanks. Contractor shall not replace the paving material removed to match the surrounding pavement. Contractor shall comply with all Federal, State and local agency requirements for removal and disposal of underground storage tank(s). ' The Contractor shall obtain permits required by the. Underground tank(s) to be removed are located at Newport Blvd., Newport beach, contact City of Newport Beach Department for ' detailed underground storage tank(s) specific information and 87260 87 -1 location. January 1990 10 -97 ' 1 I Tank(s) exceeding 2,000 gallon capacity shall be excavated and removed with a crane. Exception(s) must be approved by the Resident Engineer. Tank removal operations shall be carried out under the district inspection of the Caltrans Resident Engineer. Contractor shall notify the Engineer, the City of Newport Beach Fire Department and the Orange County Health Care Agency, three (3) business days in advance of tank(s) excavation and removal. Tank(s) must be empty before excavation and removal. if a tank is not empty, the Contractor shall be responsible for contents to be vacuum - pumped and disposed of by a hauler of recycler registered with the California Department of Health Services. Contractor shall not drain, dump, or spill tank contents on the site. After vacuum - pumping, tank(s) shall have all piping closed off to prevent re -entry of vapor or liquids into the tank(s), but the vent pipe shall be left open and attached. If vapors are present, tank(s) shall be purged of flammable vapors with dry ice at a rninimum amount of 1.5 pounds per 100 gallons of tank capacity for a minimum of an hour. Contractor shall give the Resident Engineer a copy of the dry ice receipt. Local ordinances shall be complied with for disposal of the removed storage tank(s). In absence of such ordinance, after removal from the ground, steel tank(s) shall be either cut up or a minimum of six inch diameter hole shall be cut at the center of one end to prevent re -use. Fiberglass tank(s) shall be cut up. Tank(s) shall be transported to a legal disposal site approved by the Engineer. In event that tank cannot be decontaminated on site after as much contents as possible have been removed, then a hazardous waste manifest shall be prepared, and the tank shall be sent via registered hazardous waste hauler to a legal disposal site designated by the Engineer. 11 Ij As directed by the local underground tank agency, Contractor, if qualified, shall sample native soil or groundwater if encountered beneath each tank. If not so qualified, the Contractor shall employ a qualified subcontractor to do such sampling. Soil samples shall be preserved in ice or dry ice; water samples shall be preserved in ice only. A complete chain of custody form shall be maintained and shall be included as an attachment to the laboratory report. The Contractor will be required to retain a laboratory subcontractor who will provide written laboratory results within 72 to 96 hours after delivery of sample to the laboratory subcontractor by the day following the taking of the sample. 87260 87 -1 January 1990 10 -98 I The Underground Storage Tank(s) and all waste liquids shall be ' transported to legal disposal points to be approved by the Engineer. Any extraordinary lose incurred for required Tank Decontamination, Product Sampling, Soil Samples or other unforeseen item(s) will be ' 87260 87 -1 January 1990 10 -99 The laboratory subcontractor shall be currently certified by the California Department of Health Services to perform test analysis of hazardous waste in the appropriate testing category. ' Soil samples collected beneath tanks and /or pipelines containing diesel or gasoline shall be analysed for total petroleum hydrocarbons (TPH) using the California Department of Health Services TPH ' Method (specify if for gasoline, diesel or both) and E.P.A. 8020 for benzene, toulene, ethylbenzene and zylene. Waste oil contaminated soil samples shall be analyzed for total petroleum hydrocarbons (E.P.A. 418.1). Other analysis may be required by this Division.EPA , Method 413.1 shall be used to check for oil and grease as needed. The Laboratory Report shall list the limits of Detection and the Test Method employed. Two copies of the Laboratory Report shall be given to the Resident Engineer by the Contractor and one copy ' forwarded to the County of Orange Health Care Agency. The above methods shall be used to test liquid contents of a tank when the identity of such contents is unknown. The contents of the tank(s) shall be disposed of at an appropriate Waste Treatment Facility which is approved and permitted in , compliance with all Local, City, State, and Federal requirements. Contractor shall pump the tank(s) contents into the larger "Baker" , tanks or their equivalent prior to product removal by vacuum trucks and transporting to a Waste Treatment Facility. Contractor shall arrange with the Waste Treatment Facility for , testing of all tanks water /product prior to product removal and treatment. Testing should be coordinated with the Waste Treatment Facility requirements. , The Contractor shall provide a Work Plan (WP) and a Health and Safety Plan (HSP) to be approved by the Resident Engineer prior to the start of work. The Contractor shall provide a WP for removal, storage, transport and treatment of the tank(s) product contents, in accordance with the proposed method and procedures outlined above in compliance with ' all Local, City, State, and Federal requirements. Any alternate method shall be equally cost - effective and acceptable to C altrans. The HSP assigns responsibilities, establishes minimum levels of ' personnel protection and operating procedures, and provides for contingencies that may arise while the debris is being removed and transported in accordance with 29 CFR 1910.120 and all other , applicable Local, City, State, and Federal requirements. The Underground Storage Tank(s) and all waste liquids shall be ' transported to legal disposal points to be approved by the Engineer. Any extraordinary lose incurred for required Tank Decontamination, Product Sampling, Soil Samples or other unforeseen item(s) will be ' 87260 87 -1 January 1990 10 -99 I I P 11 lJ paid for as Supplemental work at actual cost plus 15% mark -up. This will compensate Contractor for the additional expense of the actual services rendered. This will compensate Contractor for the additional expense of the actual services rendered. The Contractor shall submit the itemized invoices in triplicate for the Supplemental work performed. Any supplemental work must be approved by the Engineer prior to the Contractor commencing such work. The Contractor removing hazardous waste from the site or decontaminating tank(s) must be registered with the California Department of Health Services and have a U.S. Environmental Protection Agency Identification Number. All hauling vehicles must bear a current unexpired certificated of compliance issued by the California Department of Health Services. If the Demolition Contractor is not so registered, the tank decontamination and hazardous waste removal work shall be sub- contracted to a contractor who is registered with the Department of Health Services and has a U.S. Environmental Protection .Agency Identification Number. The registered hauler shall conform to all Federal, State, and local regulations pertaining to lawful management and hauling of hazardous waste to a Licensed Disposal Site. Caltrans shall be responsible for supplying and completing any necessary hazardous waster manifest. The Caltrans Resident Engineer shall designate the waste facility. The Contractor shall provide the Transporter's name and U.S. EPA I.D. Number. Contractor shall also submit Disposal Site receipts to the Engineer. Contractor shall comply with South Coast Air Quality :Management District (SCAQMD) Rule 1166. Proper notification must be given to SCAQ-MD as required. A contingency plan to obtain a Rule 1166 permit shall be prepared in the event such permit may be required. ;Monitoring for potential organic vapor contamination of the soil shall be performed during the excavation. ' F. LICENSES AND PERMITS The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. The Environmental Quality .Act of 1970 (Chapter 1433, Stats. 1970), as amended by Chapter 1154 Stats. 1972, may be applicable to permits, licenses and other authorizations ' that the Contractor must obtain from local agencies in connection with performance of the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations, and they shall be obtained in sufficient time to prevent delays to the work. In the event that the Owner has obtained permits, licenses or other ' authorizations applicable to the work, in conformance with the 87260 87 -1 January 1990 10 -100 requirements in said Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. The following licenses will be required: a) General Engineering, Class A, or a Building, Moving and Wrecking Contractor, Class C -21. Asbestos - Related work shall be performed by a Licensed Asbestos Contractor. b) Tank Speciality License required; C- 61 -D -40. 10 -1.87 TEMPORARY CRASH CUSHION MODULES Temporary crash cushion modules consisting of modules with sand filling shall be furnished, installed and maintained as shown on the plans, and as specified in the Standard Specifications and these Special Provisions. Temporary crash cushion modules shall be either new or undamaged used modules placed and filled as shown on the plans and as provided in "Order of Work" elsewhere in these special provisions to form a temporary crash cushion. At the Contractor's option, new or undamaged used modules shall be either of the following types or equal: F_nergite Inertial Modules Manufacturer: Energy Absorption Systems, Inc. One East Wacker Drive Chicago, IL 60601 Inertial Modules National Distributor: Roadway Safety Services, Inc. 111 Ridge Road Douglaston, NY 11363 Distributor: Energy .Absorption Systems, Inc., 860 South River Road West Sacramento, CA 95691 Distributor: Gades Sales Co. 1711 Almond Avenue Walnut Creek, CA 94596 Modules contained in the crash cushion shall be of the same type at each location. The color of the module shall be the standard yellow color as furnished by the vendor, except that black lids are permissible. The modules shall exhibit good workmanship free from structural flaws and objectionable surface defects. Sand for filling the modules shall be clean washed concrete sand of commercial quality. 87260 87 -1 January 1990 10 -101 1 87260 87 -1 January 1990 10 -102 11 The top edge of the seal in used Fitch modules requiring a seal shall be securely fastened to the wall of the module by a continuous strip of heavy duty tape. Modules shall be filled with dry sand in accordance with the manufacturer's directions, and to the sand capacity in pounds for each module as shown on the plans. Moisture content of the sand shall not exceed 7 percent. Temporary crash cushion modules shall be placed on movable pallets or frames, conforming to the general requirements shown on the plans, which provide a full bearing base beneath the module. A Type P marker panel shall be attached to the front of the leading module of each crash cushion as shown on the plans. The marker ' panel shall be firmly fastened to the module with commercial quality hardware or by other methods approved by the Inspection Team. The modules and supporting pallets shall not be moved by sliding or skidding along the pavement or bridge deck. When construction operations are not actively in progress at a particular location, the modules of the temporary crash cushion shall be placed in position immediately in front of the work area. Modules that are damaged beyond repair during handling and placing shall be removed and replaced at the Contractor's expense. Removing and replacing modules damaged beyond repair by public traffic, as determined by the Engineer, will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications. ' At the completion of the project, temporary crash cushion modules shall become the property of the Contractor and shall be removed from the site of work. ' Temporary crash cushions will be paid for on a lump sum basis regardless of the number of crash cushions or crash cushion modules required. tThe contract lump sum price paid for Temporary Crash Cushion and Temporary K -Rail shall include full compensation for furnishing all labor, materials (including sand, pallets, and Type P marker panels), ' tools, equipment and incidentals, and for doing all work involved in installing, moving, maintaining and removing the temporary K -Fail and the temporary crash cushion modules as shown on the plans, as specified in these special provisions and as directed by the Engineer. ' No additional compensation will be allowed therefor. 1 87260 87 -1 January 1990 10 -102 11 10 -1.88 ASPHALT CONCRETE DIKE I Asphalt Concrete Dike Construction shall conform to Section 39 , "Asphalt Concrete" of the Standard Specifications. Payment for "Asphalt Concrete Dike" shall be made at the contract price per lineal foot of dike and shall include all labor, materials, ' tools and equipment to complete the work. No additional compensation will be allowed therefor. J i d 87260 87 -1 January 1990 10 -103 i I 11 U 11 I SECTION 10 -2 TRAFFIC CONTROL - ROADSIDE SIGNS, TRAFFIC STRIPING, PAVEMENT MARKINGS AND PAVEMENT MARKERS, TRAFFIC SIGNAL AND LIGHTING 10 -2.01 TRAFFIC CONTROL - Traffic control shall conform to the provisions in the latest State of California Department of Transportation "Manual of Traffic Controls ", Standard Plans, Standard Specifications and these special provisions. 87260 87 -1 March 1990 In addition to any other measures taken by the Contractor pursuant to the provisions of Section 7 -1.09, "Public Safety ", of these special provisions, the Contractor shall install temporary railing (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: 1. Excavations. Any excavation the near edge of which is 12 feet or less from the edge of the lane, except: a. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. b. Excavations less than one foot deep. C. Trenches less than one foot wide for irrigation pipe or electrical conduit or excavations less than one foot in diameter. d. Excavations parallel to the lane for the purpose of pavement widening or reconstruction. e. Excavations in side slopes, where the slope is steeper than 4:1. f. Excavations protected by existing barrier or railing. 2. Temporarily Unprotected Permanent Obstacles. Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. 3. Storage Areas. whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise, . prohibited by the specifications. 10- 103(a) Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the ' following work areas the Contractor shall close the adjacent traffic lane, unless otherwise provided in the specifications: Approach speed of , public traffic (Posted Limit) (Miles Per Hour) Work Areas Over 45 Within 6 feet of a traffic lane but not on a ' traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on a , traffic lane. When traffic cones or delineators are used to delineate a temporary ' edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane; however, the Contractor shall not reduce the width of an existing lane to less than 10 feet , without written' approval from the Engineer. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. ' When work is not in progress on a trench or other excavation that required a lane closure, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of ' the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. CONSTRUCTION ' Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in ' the latest State of California Department of Transportation "Manual of Traffic Controls ", Standard Plans of the Standard Specifications and these special provisions. ' The exact location and type of construction sign (C27, C30, or C31A) shall be as directed by the Engineer, based upon construction conditions. ' The base material of construction area signs shall not be plywood. Attention is directed to Sections 7 -1.08, "Public Convenience ", ' 7 -1.09, "Public Safety ", and 12, "Construction Area Traffic Control Devices ", of the Standard Specifications and to the Section entitled, "Public Safety ", elsewhere in these special provisions, and these special provisions. Nothing in these special provisions shall be ' 87260 87 -1 March 1990 10 -104 �J I ' construed as relieving the Contractor from his responsibility as provided in said Section 7 -1.09. Construction truck traffic merging into traffic lanes shall be by use ' of flagmen and appropriate signage as directed by the Engineer. Flaggers shall conform to the latest State of California Department of Transportation "Instructions to Flaggers ". ' Use and placement of flashing arrow signs shall be as directed by the Engineer. Type and mode of operation of flashing arrow sign shall be as shown on the plans. Flashing arrow signs shall conform to Section ' 12 -3.03 of the Standard Specifications. Lane closures shall conform to the provisions in the section of these special provisions entitled "Traffic Control System for Lane Closure ". ' Personal vehicles of the Contractor's employees shall not be parked on the traveled way, including any section closed to public traffic. ' Whenever construction personnel, vehicles, or equipment are within 6 feet of a traffic lane, the shoulder area or traffic Lane shall be closed as shown on the plans. Except as otherwise provided in the Traffic Handling Plan for the Channel Bridge, or approved by The Engineer, 48 hours prior to need, ' a minimum of two traffic lanes not less than 12 feet wide in each direction of travel shall be open for use by public traffic at all times on Route 55, on Saturdays, Sundays, and designated legal holidays, on Fridays and the work day preceding designated legal holidays after ' and 6:00 a.m. and before 9:00 p.m. Monday through Thursday. 10 -2.02 ROADSIDE SIGNS The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities ", of the Standard Specifications and these special provisions. Existing Roadside Signs, at locations shown on the plans to be removed, shall be removed and disposed of or salvaged to City of ' Newport Beach Maintenance Yard, as directed by the Engineer. 11 ' 87260 87 -1 March 1990 10 -105 L1 Sign panels, as shown on the plans, shall be salvaged and reused in the new work, as directed by the Engineer. ' Existing Roadside Signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traffic, unless otherwise directed by the Engineer. Each single or double post sign with one or more sign panels mounted on the post shall be considered a single unit. ' Roadside Signs shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the , provisions in the latest State of California Department of Transportation "Traffic Manual ", Section 56 -2, "Roadside Signs ", of the latest Standard Specifications and these Special Provisions. Wood posts and braces for Roadside Signs shall conform to Section , 56 -2.028 and the "Sign Quantities" plans. The contract lump sum price paid for Roadside Signs (wood post) , shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing Roadside Signs, complete in place, including the installation of sign panels, as specified in the Standard Specifications and the Special Provisions, and as directed by the Engineer. t 10 -2.03 TRAFFIC STRIPING, PAVEBAE-NT MARKINGS, AND PAVEMENT MARKERS Striping shall conform to the latest State of California Department , of Transportation "Traffic Manual ", Standard Plans A20 AC and A24 A -D, Standard Specifications, and these Special Provisions. ' Painted traffic stripes, pavement markings, and pavement markers to be removed will be designated by the Engineer, or as shown on the plans. Where blast cleaning is used for the removal of traffic stripes, pavement markings, and for and for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue including dust ' shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a sweeper with a vacuum attachment operating concurrently with the blast cleaning ' operation. Nothing in these special provisions shall relieve the Contractor fro-n his responsi biti ties as provided in Section 7 -1.09, "Public Safety ", of ' the Standard Specifications. 87260 87 -1 March 1990 10 -106 , L� This work shall consist of painting traffic stripes (traffic lines) and pavement markings, including applying glass spheres, at the locations shown on the plans or designated by the Engineer in conformance with Section 84 -3 and these special provisions. ' Paint and glass spheres for traffic stripes and pavement markings will be furnished by the Contractor, including paint for cat tracks and dribble lines. Paint will be either solvent borne or water borne, ' depending on the time of year and the local air pollution regulations. Solvent borne white and yellow paint shall be either the Fast Dry or Rapid Dry type at the option of the Contractor. Solvent borne black paint will be the Fast Dry type. If more than 120 days have elapsed ' from the date of manufacture of the paint furnished, the paint shall be mixed in containers other than the spray equipment containers ' until a smooth, uniform product of proper consistency is obtained. All necessary mixing shall be at the Contractor's expense. Water borne white and yellow paint will be Rapid Dry type. Black paint will be the Regular Dry type. The Rapid Dry type requires ' heating. The paint and glass spheres to be furnished shall conform to the Department's current specifications for such materials. Copies of said specifications are available for inspection at the Department's Transportation Laboratory, Sacramento, California. ' Prefabricated "Detour Grade" traffic stripe or markings may be used in lieu of paint for short term use, (24 hours or less), as directed by the Engineer. ' Mechanical means shall be used to paint traffic stripes and to apply the glass spheres. Solvent borne Rapid Dry type paint shall be ' applied only with airless type equipment. Traffic stripes shall be painted to the line established by the Engineer, which will consist of existing stripes or control points tspaced at 200 feet on tangents and 50 feet on curves. All additional work necessary to establish satisfactory lines for stripes shall be performed by the Contractor at his expense, including ' correction of minor irregularities in the line established by the Engineer. Correction of minor irregularities shall be accomplished by the application of cat tracks or dribble lines, the use of laser ' guidance devices, or by a combination of these techniques. Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. The spots shall be not more than 3 inches in width 1 87260 87 -1 March 1990 10 -107 and not more than 5 feet apart on curves nor 10 feet apart on tangents. Dribble lines shall consist of marking the pavement with a thin line of paint using a striping machine or other suitable device. Dribble lines shall be on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment. Paint for cat tracks and dribble lines shall be the same color as the traffic stripe for which they are placed. Laser guidance equipment shall be capable of maintaining the alignment of traffic stripes with an accuracy equivalent to, or better than, that obtainable through use of cat tracking or dribble lines, as determined by the Engineer. Traffic stripes on new surfacing shall be applied in two coats, except where otherwise shown on the plans. The first coat of paint shall be dry before application of the second coat. On existing surfacing, traffic stripes shall be applied in one coat. Newly painted traffic stripes shall be protected from damage by public traffic or other causes until the paint is thoroughly dry. The contract lump sum price paid for Traffic Striping, Pavement Markings and Pavement Markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Payment of removal and installation of pavement markers shall be included in the lump sum contract bid price for Traffic Striping, Pavement Markings and Pavement Markers. 10 -2.04 SIGNALS AND LIGHTING Furnishing, installing, and modifying traffic signals and highway lighting, and payment therefor, shall conform to the provisions in Section 86, "Signals and Lighting ", of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation, dated January 1988, and these Special Provisions. Traffic signal work is to be performed at the following locations: 87260 87 -1 March 1990 10 -108 I 11 1 I I Traffic Signal Plans: Location 1 Newport Boulevard @ 32nd Street Location 2 Newport Boulevard @ Findley Avenue Location 3 Newport Boulevard @ Via Lido Street lighting work is to be performed at the following locations: Street Lighting Plans: Location 1 Location 2 10 -2.04A GUARANTEE Coast Highway Interchange with Newport Boulevard Newport Boulevard between 32nd Street and Coast Highway The Contractor shall guarantee the entire work constructed by him under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at his own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him that becomes evident within one (1) year after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these specifications, any part of the work which during the one (1) year period is found to be deficient with respect to any provision of the plans and specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. t10 -2.04B EQUIPMENT LIST AND DRAWINGS The controller cabinet schematic wiring diagram and intersection sketch, to be mounted on the cabinet door (24" x 36 "), shall be ' combined into one drawing so that, when the cabinet door is open the drawing is oriented with the intersection. The Contractor shall furnish two maintenance manuals for all new controller untis, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers. The maintenance manuals and operation manuals may be combined into one manual. The ' maintenance manual or combined maintenance and operation manuals shall be submitted at the time the controllers are delivered for testing or, if ordered by the Engineer, previous to purchase. The maintenance manuals shall include, but need not be limited to, the t following items: 87260 87 -1 March 1990 10 -109 The Contractor shall place "STOP AHEAD" and "STOP" signs to ' direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. All signal faces shall be covered when the system is shut down overnight. Temporary "STOP AHEAD" and "STOP" signs shall be either covered or removed when the system ' is turned on. "STOP AHEAD" and "STOP" signs shall be furnished by the ' Contractor and shall conform to the provisions in Section 12 -3.06, "Construction Area Signs," of the Standard Specifications. Minimum size of 'STOP" signs shall be 36 inches. One "STOP AHEAD" sign and one "STOP" sign shall be placed for ' each direction of traffic. For two lane approaches, two 'STOP" signs shall be placed. Location of the signs shall be as directed by the , Engineer. Full compensation for furnishing, installing, maintaining and removing temporary 'STOP AHEAD" and 'STOP" signs and for ' covering signs not in use shall be considered as included in the contract lump sum price paid for the signal itern involved and no additional compensation will be allowed therefor. Existing luminaires, that are to be modified or removed shall re-nain in operation until the replacement luminaires are installed and operating. ' Payment for minor temporary wiring, including maintenance, which may be required on a day -to -day basis, shall be considered as part of the lump sum bid price for each intersection. ' 87260 87 -1 ' March 1990 10 -110 I ' a. Specifications b. Design characteristics C. General operation theory , d. Function of all controls e. Trouble shooting procedure (diagnostic routine) f. Block circuit diagram g. Geographical layout of components ' h. Schematic diagrams i. List of replaceable component parts with stock numbers 10 -2.04C MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEM ' Traffic between signal system shutdowns shall be limited to short periods the hours of 9:00 a.m. and 3:00 p.m. The Engineer shall be ' notified 24 hours prior to any traffic signal shutdown. The Contractor shall place "STOP AHEAD" and "STOP" signs to ' direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. All signal faces shall be covered when the system is shut down overnight. Temporary "STOP AHEAD" and "STOP" signs shall be either covered or removed when the system ' is turned on. "STOP AHEAD" and "STOP" signs shall be furnished by the ' Contractor and shall conform to the provisions in Section 12 -3.06, "Construction Area Signs," of the Standard Specifications. Minimum size of 'STOP" signs shall be 36 inches. One "STOP AHEAD" sign and one "STOP" sign shall be placed for ' each direction of traffic. For two lane approaches, two 'STOP" signs shall be placed. Location of the signs shall be as directed by the , Engineer. Full compensation for furnishing, installing, maintaining and removing temporary 'STOP AHEAD" and 'STOP" signs and for ' covering signs not in use shall be considered as included in the contract lump sum price paid for the signal itern involved and no additional compensation will be allowed therefor. Existing luminaires, that are to be modified or removed shall re-nain in operation until the replacement luminaires are installed and operating. ' Payment for minor temporary wiring, including maintenance, which may be required on a day -to -day basis, shall be considered as part of the lump sum bid price for each intersection. ' 87260 87 -1 ' March 1990 10 -110 I I I I I i 1 I IJ 1 I 10 -2.04E FOUNDATIONS Portland cement concrete shall conform to Section 90 -10, ",Minor Concrete ", of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except concrete for reinforced pile foundations shall contain not less than 564 pounds of cement per cubic yard. Prior to ordering mast arm signal poles, all locations for mast arm poles shall be potholed for potential utility conflicts. 10 -2.04F STANDARDS, STEEL PEDESTALS AND POSTS 87260 87 -1 March 1990 Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted. The twelfth paragraph in Section 86 -2.04, Standards, Steel Pedestals and Posts," of the Standard Specifications is amended to read: Slip bases for Types 15 -SB, 30, 31 and 36 -20A lighting standards shall be assembled and torqued when the pole is on the ground prior to erection. The threads of the heavy hex nuts for the slip base bolts shall be coated with a lubricant which is clean and dry to the touch. Each high strength slip base bolt shall be torqued to within 10 foot - pounds, plus or minus, of the following value: 10 -111 10 -2.04D SCHEDULING OF WORK ' The Contractor may perform sub - surface work consisting of the installation of conduit, foundations, and detectors, prior to receipt of all electrical materials and equipment, and shall begin said work within 10 days of the date of execution of contract. Above ground signal work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. No materials or equipment shall be stored at the job sites until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. ' All striping, pavement markings, and signing shall be in place prior to signal turn on. I I I i 1 I IJ 1 I 10 -2.04E FOUNDATIONS Portland cement concrete shall conform to Section 90 -10, ",Minor Concrete ", of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except concrete for reinforced pile foundations shall contain not less than 564 pounds of cement per cubic yard. Prior to ordering mast arm signal poles, all locations for mast arm poles shall be potholed for potential utility conflicts. 10 -2.04F STANDARDS, STEEL PEDESTALS AND POSTS 87260 87 -1 March 1990 Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted. The twelfth paragraph in Section 86 -2.04, Standards, Steel Pedestals and Posts," of the Standard Specifications is amended to read: Slip bases for Types 15 -SB, 30, 31 and 36 -20A lighting standards shall be assembled and torqued when the pole is on the ground prior to erection. The threads of the heavy hex nuts for the slip base bolts shall be coated with a lubricant which is clean and dry to the touch. Each high strength slip base bolt shall be torqued to within 10 foot - pounds, plus or minus, of the following value: 10 -111 I STANDARD TORQUE TYPE (FOOT- POUNDS) ' 15 -SB 150 30 200 31 200 36 -20A 200 10 -2.04G CONDUIT All conduit shall be the rigid metal or IMC type. After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. When a standard coupling cannot be used for coupling metal type ' conduit, a UL listed threaded union coupling; concrete -tight split coupling, or concrete -tight set screw coupling shall be used. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for size hole required. 10 -2.0411 PULL BOXES Pull boxes, pull box covers and pull box extensions shall be concrete. Where the sump of an existing pull box is disturbed by the Contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. 10 -2.041 CONDUCTORS AND WIRING Splices shall be insulated by "Method B ". Conductors No. 8 AWG, or larger, shall be spliced by the use of "C" shaped compression connectors as shown on the plans. ' Splices of conductors shall be insulated with heat - shrink tubing of the appropriate size. HEAT - SHRINK TUBING - Heat - shrink tubing shall be dual wall, irradiated polyolefin tubing containing an adhesive innerwall. When heated, the inner wall shall melt and fill all crevices and interstices of the object being covered while the outer wall shrinks. Each end of the heat - shrink tube or the open end of the end cap of heat - shrink material shall, after contraction, overlap the conductor insulation at least 1 1/2 inches. ' 87260 87 -1 ' March 1990 10 -112 I I 1 S I a I I 1 I i All heat - shrink tubing shall also meet the following requirements: Shrinkage Ratio: 33 percent, maximum, of supplied diameter when heated to 125 degree C. and allowed to cool to 25 degree C. Dielectric Strength: 350 kilovolts per inch, minimum. Resistivity: 1014 ohms per centimeter, minimum. Tensile Strength: 2,500 lbs. per square inch, minimum. Operating Temp.: -55 degree C. to 135 degree C. Water Absorption: 0.5 percent, maximum. When three or more conductors are to be enclosed within a single splice using heat - shrink material, mastic shall be placed around each conductor, prior to being placed inside the heat shrink material. The mastic shall be the type recommended by the manufacturer of the heat - shrink material. INTERCONNECT CABLE - Interconnect Cable shall consist of twelve pair No. 19 cooper conductors and shall conform to REA Standard PE -22. Splices shall be made only where shown on the plans or in controller cabinets. A minimum of 3 feet of slack shall be provided at each splice and 6 feet at each controller cabinet. FUSED SPLICE CONNECTORS Splice connector fuse current ratings shall be as shown on Standard Plan ES -13 except the minimum current rating shall be 5 amperes. 10 -2.043 TESTING When notified by the Engineer, the Contractor shall pick up the complete control system at the State Testing Laboratory and haul same to the site of the work at his expense. 87260 87 -1 March 1990 The functional test for each lighting system shall consist of not less than 7 days. If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the 7 days of continuous, satisfactory operation is obtained. 10 -113 The Contractor's attention is directed to Section 7 -1.16, "Contractor's Responsibility for the Work and Materials ", of the Standard Specifications. The Contractor is responsible for repairing any damage to the work due to public traffic until acceptance of the work or relief of maintenance, as provided in Section 7 -1.15, "Relief From Maintenance and Responsibility ", of the Standard Specifications. 10 -2.04K CONTROLLER The Model 170 controller assembly, cabinet, and auxiliary equipment are existing. The Contractor shall modify the equipment as required to provide the operation shown on the plans. Operational software will be furnished by the State. The above equipment shall conform to "Traffic Signal Control Equipment Specification" dated April, 1978, issued by the State of California Department of Transportation and the latest amendments with the exception of Addendum Number 28. This means that the raceway option is not permitted; terminal board 2 through 9 and associated cable to input files must be provided. The Contractor shall arrange to have a signal technician, qualified to work on the controller and employed by the controller manufacturer or his representative, present at the time the equipment is turned on. 10 -2.04L MODULATED LIGHT SIGNAL DETECTION SYSTEM ", Modulated Light Signal Detection Systems (MLSDS) and emergency vehicle preemption systems (EVI) shall be furnished and installed per plans. Emitter assemblies are not required. Each modulated light signal detection system shall conform to the details shown on the plans and these special provisions. A. General. Each modulated light signal detection system shall consist of an optical emitter assembly or assemblies located on the appropriate vehicle(s) to be furnished by City and an optical detector /discriminator assembly or assemblies located at the traffic signal to be furnished by contractor. Each system shall permit detection of two classes of authorized vehicles. Class I (Mass Transit) vehicles shall be capable of being detected at a range of up to 1000 feet (300 meters) from the optical detector. Class II (Emergency) vehicles shall be capable of being detected at a range of up to 1800 feet (550 meters) from the optical detector. 87260 87 -1 March 1990 10 -114 d Class I signals, those emitted by Class I vehicles, shall be ' distinguished from Class 11 signals, those emitted by Class II vehicles, on the basis of the modulation frequency of the light from the respective emitter. The modulation frequency for Class I signal emitters shall be 9.639 Hz + 0.110 Hz. The ' modulation frequency for Class II signal emitters shall be 14.035 Hz + 0.250 Hz. A system shall establish a priority of Class II vehicle signals over Class I vehicle signals, and shall conform to the requirements of Section 25352, California Vehicle Code. B. Emmitter Assembly. Each emitter assembly shall consist of an emitter unit, an emitter control unit, and connecting cables. LEI I 1 87260 87 -1 March 1990 I 1. General. Each emitter assembly, including lamp, shall be desi�ned to operate over an ambient temperature range of -34 C to 60 0 Cat both modulation frequencies and to operate continuously at the higher frequency for a minimum of 3,000 hours at 250 C ambient before failure of the lamp or any other component. Each emitter unit shall be controlled by a single, maintained - contact switch on the respective emitter control unit. The switch shall be capable of being located so as to be readily accessible to the vehicle driver. The control unit shall contain a pilot light to indicate that the emitter power circuit is energized and shall be capable of generating only one modulating code, either that for Class 1 vehicles or that for Class 11 vehicles. Functional. Each emitter unit shall transmit optical energy in one direction only. The signal from each Class I signal emitter unit shall be capable of being detected at a distance of 1,000 feet (300 meters) when used with a standard Optical Detection /Discriminator Assembly and a filter to eliminate visible light. Visible light shall be considered eliminated when the output of the emitter unit with the filter is less than an average of 0.0003 candela per energy pulse in the wavelength range of 380 nanometers to 750 nanometers when measured at a distance of 10 feet (3 meters). A Certificate of Compliance conforming to the requirements in SECTION 6 -1.07, "CERTIFICATES OF COMPLIANCE ", shall be submitted by the Contractor with each Class f emitter unit. The signal from each Class II signal emitter unit shall be capable of being detected at a distance of 1,800 feet (550 10 -115 meters) when used with a standard Optical Detection or Discriminator Assembly. The standard Optical Detection /Discriminator Assembly to be used in making the range tests shall be available from the manufacturer of the system. A certified performance report shall be furnished with each assembly. 3. Electrical. Each emitter assembly shall be capable of providing full light output with input voltages of between 12.5 and 17.5 volts DC. An emitter assembly shall not be damaged by input voltages up to 7.5 volts DC above supply voltage. The emitter assembly shall not generate voltage transients on the input supply which exceed the supply voltage by more than 4 volts. Each emitter assembly shall consume not more than 100 watts at 17.5 volts DC and shall have a power input circuit breaker rated at 10 to 12 amperes, 12 volts DC. The design and circuitry of each emitter shall permit its use on vehicles with either negative or positive ground without disassembling or rewiring of the unit. 4. Mechanical. Each emitter unit shall be housed in a weatherproof corrosion- resistant housing. The housing shall be provided with facilities to permit mounting on various types of vehicles and shall have provision for aligning the emitter unit properly and for locking the emitter unit into this alignment. Each emitter control unit shall be provided with hardware to permit its mounting in or on an emergency vehicle or mass transit vehicle. where required for certain emergency vehicles, the emitter control unit and all exposed controls shall be weatherproof. C. Optical Detection /Discriminator Assembly 1. General. Each optical detection /discriminator assembly shall consist of one or more detectors, connecting cable and a discriminator module. Each such assembly when used with standard emitters shall have a range of at least 1000 feet (300 meters) for Class I signals and 1800 feet (550 meters) for Class 11 signals. Standard emitters for both classes of signals shall be available from the manufacturer of the system. Pange measurements shall be taken with all range adjustments on the discriminator module set to "maximum ". 87260 87 -1 March 1990 10 -116 I] L I 2. Optical Detector. Each optical detector shall be a weatherproof unit cable of being easily mounted on a mast arm. The housing shall have at least one opening threaded for 3/4 inch conduit, through which all wiring shall enter. Each detector shall ' weigh not more than 2 pounds and shall present a maximum wind load area of 36 square inches. 87260 87 -1 March 1990 10 -117 Each detector shall be capable of receiving optical ' energy from either one or both of two axially opposed directions. The reception angle shall be a maximum of +6 degrees (12 degrees total included angle) measured in the horizontal plane about the ' center axis of the light sensing element. The reception angle in the vertical plane measured about the center axis of the light sensing element shall be a maximum of 4 degrees above and 8 degrees below that center axis. Measurements are to be taken at a range of 1,000 feet (300 meters) for each Type I emitter and 1,800 feet (550 meters) for each Type It emitter. All internal circuitry shall be solid state and electric power shall be provided by the respective discriminator module. 3. Cable. Optical detector cable shall meet the requirements of IPCEA -S -61- 402 /NEMA WC 5, Section 7.4, 600 -volt control cable, 750 C, Type B, and the following: a) The cable shall contain 3 conductors, each of which shall be 1120 (7x28) stranded, tinned copper with low- density polyethylene insulation. Minimum average insulation thickness shall be 25 mils. Insulation of individual conductors shall be color coded: L- yellow, L -blue, L- orange. b) The shield shall be either tinned copper braid or aluminized polyester film with a nominal 20% overlap. Where the film is used, a No. 20 ' (7x28) stranded, tinned, bare drain wire shall be placed between the insulated conductors and the shield and in contact with the conductive surface of the shield. c) The jacket shall be black polyvinyl chloride with minimum ratings of 600 volts and 80 degrees C and a minimum average thickness of 87260 87 -1 March 1990 10 -117 U Each discriminator module when used with its associated detectors shall be capable of: a. Receiving Class I signals at a range of up to 1000 feet (300 meters) and Class 11 signals at a range of up to 1800 feet (550 meters). b. Decoding the signals on the basis of frequency: ' 9.639 liz + 0.110 Hz for Class I signals 14.035 Hz + 0.250 Hz for Class 11 signals C. Establishing the validity of received signals on for more , than 0.50 second. No combination of Class I signals shall be recognized as a Class 1I signal regardless of the number , of signals being received, up to a maximum of ten signals. Once a valid signal has been recognized, its effect shall be held by the module in the event of temporary loss of the signal for a period adjustable from 4.5 seconds to 11 seconds in at least 2 steps at 5 seconds +0.5 second and 10 seconds +0.5 second. 87260 87 -1 March 1990 10 -118 I 45 mils. The jacket shall be marked as required by IPCEA /NEMA. d) The finished outside diameter of the cable shall not exceed 0.35 inch. e) The capacitance as measured between any ' conductor and the other conductors and the shield shall not exceed 48 picofarads per foot at 1000 liz. f) The cable run between each detector and the controller cabinet shall be continuous without splices or shall be spliced only as directed by the detector manufacturer. 4. Discriminator .Module. Each discriminator module shall be designed to be compatible and usable with a Model 170 controller unit and to be mounted in the input file of a Model 332 or .Model 336 controller cabinet. In addition, each discriminator module shall conform to the requirements of , Chapter I of the State of California, Department of Transportation, "Traffic Signal Control Equipment Specifications ", dated April 1978, and to all addenda thereto current at the time of project advertising. , Each module shall be capable of operating two channels, each of which shall provide an independent output for each separate input. Each discriminator module when used with its associated detectors shall be capable of: a. Receiving Class I signals at a range of up to 1000 feet (300 meters) and Class 11 signals at a range of up to 1800 feet (550 meters). b. Decoding the signals on the basis of frequency: ' 9.639 liz + 0.110 Hz for Class I signals 14.035 Hz + 0.250 Hz for Class 11 signals C. Establishing the validity of received signals on for more , than 0.50 second. No combination of Class I signals shall be recognized as a Class 1I signal regardless of the number , of signals being received, up to a maximum of ten signals. Once a valid signal has been recognized, its effect shall be held by the module in the event of temporary loss of the signal for a period adjustable from 4.5 seconds to 11 seconds in at least 2 steps at 5 seconds +0.5 second and 10 seconds +0.5 second. 87260 87 -1 March 1990 10 -118 I P a. Auxiliary Detector I Input, Channel A b. Auxiliary Detector 2 Input, Channel A C. Auxiliary Detector I Input, Channel B ' d. Auxiliary Detector 2 Input, Channel B Each channel output shall be an optically isolated NPN open collector transistor capable of sinking 50 milliamperes at 30 volts and shall be compatible with the Model 170 controller unit inputs. 87260 87 -1 March 1990 10 -119 d. Providing an output for each channel that will result in a "low" or grounded condition of the appropriate input of the Model 170 controller unit. For Class I signals, the output shall be +6.25 Hz 0.1 percent, rectangular wave- form with a 50 percent duty cycle. For Class 11 signals, the output shall be steady. Each discriminator module shall receive electric power from the controller cabinet at either 24 volts DC or 120 volts AC. ' Each channel together with its associated detectors shall draw not more than 100 milliamperes at 24 volts DC nor more than 100 milliamperes at 120 volts AC. Electric power, one detector input for each channel and one output for each channel, shall terminate at the printed circuit board edge connector pins listed below. Board connector assignment shall be as follows: edge pin ' A DC Ground P NC B +24 VDC R NC C NC S NC D Detector Input, Channel A T NC E +24 VDC to Detectors U NC I F Channel A Output (C) V NC if Channel A Output (E) %If Channel B Output (C) J Detector Input, Channel B X Channel B Output (E) K DC Ground to Detectors Y NC L Chassis Ground z NC M AC- I N AC+ Slotted for Keying (C) Collector (NC) Not connected; cannot be used by (E) Emitter manufacturer for any purpose. Two auxiliary detector inputs for each channel shall enter each module through the front panel connector. Pin assignment for connector shall be as follows: a. Auxiliary Detector I Input, Channel A b. Auxiliary Detector 2 Input, Channel A C. Auxiliary Detector I Input, Channel B ' d. Auxiliary Detector 2 Input, Channel B Each channel output shall be an optically isolated NPN open collector transistor capable of sinking 50 milliamperes at 30 volts and shall be compatible with the Model 170 controller unit inputs. 87260 87 -1 March 1990 10 -119 Each discriminator module shall be provided with means of , preventing transients received by the detector(s) from affecting the Model 170 controller assembly. Each discriminator module shall have a single connector board, shall be capable of being inserted into the input file of a Model ' 332 or Model 336 cabinet and shall occupy one slot width of the input file. The front panel of each module shall have a handle to facilitate withdrawal and the following controls and indicators for each channel: , a. Three separate range adjustments each for both Class I and Class 11 signals. b. A three - position, center -off, momentary contact switch, one position (down) labeled for test operation of Class I signals, one position (up) labeled for test operation of , Class 11 signals. C. A "signal" indication and a "call" indication each for Class I and for Class 11. The "signal' indication denotes that a ' signal above the threshold level has been received. A "call" indication denotes that a steady, validly coded signal has been received. These two indications may be accomplished with a single indication lamp; "signal' being denoted by a flashing indication and "call' with a steady indication. In addition, the front panel shall be provided with a single circular, bayonet - captured, multi -pin connector for 2 auxiliary detector inputs for each channel. Connector shall be a mechanical configuration equivalent to a MIL -C -26482 with 10 -4 insert arrangement, such as Burndy ;Metalock Bantam series, consisting of: Wall Mounting Receptacle, UTGO -10 -413 with SM20M -1 gold , plated pins. Plug, UTG6- 10 -4Sy with SC209,1 -1 gold plated sockets; cable ' clamp and strain relief that shall provide for a right angle turn within 2.5 inches (64 mm) maximum from the front panel surface of the discriminator module. 5. Cabinet Wiring. The Model 332 and Model 336 cabinets have provisions for connections between the optical detectors, the discriminator module(s), and the Model 170 controller unit. , 37260 87 -1 March 1990 10 -120 1 I Wiring for a :Model 332 cabinet shall conform to the following: Slots 12 and 13 of Input File "J" have been wired to accept a 2- channel module. 87260 87 -1 March 1990 10 -121 1 For Module 2 (J -13) Field wiring for the primary detectors, except 24 volts DC Position power, shall terminate on either terminal board TB -9 in the 7 controller cabinet or on the rear of the input File "J ", ' 8 depending on cabinet configuration. Where TB -9 is used, 9 position assignments are as follows: Position Assignment Channel A Auxiliary Detector Input 2 Channel B Auxiliary Detector Input I 4 Channel A Detector Input, 1st Module (Slot 3-12) Channel B Auxiliary Detector Input 2 5 Channel B Detector Input, 1st Module (Slot J -12) 7 Channel A Detector Input, 2nd Module (Slot J -13) ' 8 Channel B Detector Input, 2nd Module (Slot J -13) The 24 volts cabinet DC power will be available at Position 1 a' Terminal Board TB -1 in the controller cabinet. All field wiring for the auxiliary detectors shall terminate on terminal board TB -0 in the controller cabinet. Position assignments are as follows: For Module I (J -12) Position Assignment 1 +24 VDC from (J -12E) 2 Detector Ground From (J -12K) ' 3 Channel A Auxiliary Detector Input I 4 Channel A Auxiliary Detector Input. 2 5 Channel B Auxiliary Detector Input 1 ' 6 Channel B Auxiliary Detector Input 2 87260 87 -1 March 1990 10 -121 1 For Module 2 (J -13) Position Assignment 7 +24 VDC from (3-13E) ' 8 Detector Ground From (J -13K) 9 Channel A Auxiliary Detector Input I 10 11 Channel A Auxiliary Detector Input 2 Channel B Auxiliary Detector Input I 12 Channel B Auxiliary Detector Input 2 87260 87 -1 March 1990 10 -121 1 I Wiring for a Model 336 cabinet shall conform to the following: , Slots 10 and 11 of Input File "I" have each been wired to accept a 2- channel module. Field wiring for the primary detectors, except 24 volts DC power, shall terminate on terminal boards on the rear of the input File "I ". Position assignments on the input file terminal 4 +24VDC From I -IOE 5 +24VDC From 1-11E boards are as follows: 6 DC Ground From I -IOK and 1 -11K Position Assignment I -100 Channel A Detector Input, 1st Module I -100 Channel B Detector Input, lst Module 1 -1113 Channel A Detector Input, 2nd Module 1 -11J Channel B Detector Input, 2nd Module 1 -l0E +24 VDC to Detectors I -11E +24 VDC to Detectors , I -IOK DC Ground to Detectors I -11K DC Ground to Detectors All field wiring for the auxiliary detectors shall terminate on terminal board TB -2 in the controller cabinet. Position assignments have been reserved as follows: Position Assignment 1 Auxiliary Detector Input No. 1 2 Auxiliary Detector Input No. 2 3 Auxiliary Detector Input No. 3 4 +24VDC From I -IOE 5 +24VDC From 1-11E , 6 DC Ground From I -IOK and 1 -11K D. System Operation , The Contractor shall demonstrate that all of the components of each system are compatible and will perform satisfactorily as a ' system. Satisfactory performance shall be determined by the Contractor using city - furnished emitter assemblies. Two tests shall be conducted; one using a Class I signal emitter ' and a distance of 1,000 feet between the emitter and the detector, the other using a Class 11 signal emitter and a distance of 1,800 feet between the emitter and the detector. All range adjustments on the module shall be set to "Maximum" for each test. 1 87260 87 -1 ' March 1990 10 -122 FJ r L I ' Each above test shall be conducted for a period of one hour, during which the emitter shall be operated for 30 cycles, each consisting of a one minute "on" interval and a one minute 'off" ' interval. During the total test period (1) the emitter signal shall cause the proper response from the Model 170 controller unit during each "on" interval and (2) there shall be no improper ' operation of either the Model 170 controller unit or the monitor during each "off" interval. ' 10 -2.04M VEHICLE SIGNAL FACES AND SIGNAL HEADS All lamps for traffic signal units shall be furnished by the Contractor. ' All non - programmed lenses shall be glass. 10 -2.04N PEDESTRIAN SIGNALS Pedestrian signals shall be Type G with Z -crate type screen. Section 86- 4.05A, "Types ", of the Standard Specifications is amended ' by adding the following: 86- 4.05A(7) Type G. Each Type G pedestrian signal shall ' consist of a housing with front screen, a message plate and two light sources, each consisting of luminous tubing and power supplied for the luminous tubing. The message plate shall be 1/8 -inch nominal thickness, ultravioletstabilized, prismatic- patterned polycarbonate plastic; 3/16 -inch nominal thickness hammered wire- glass; or 3/16 -inch nominal thickness ultraviolet- stabilized, prismatic - patterned acrylic plastic. The message plates shall have a flat -black surface over the entire projected area except where the symbols are located. The material used to mask the message plate shall be hard and durable and shall bond such that it will not flake nor peel when the message plate is in use or is washed. The symbols shall be the only illuminated portion of the message plate. The message plate shall be sealed to a polycarbonate case ' to form a dust -tight and weatherproof module. The module shall contain and properly support the luminous tubing and power supplies. Each light source shall have a separate power supply. ' Each power supply shall require less than 30 watts with a power factor of not less than 90 percent over a range of input voltages from 105 to 130, at a frequency of 60 ( +/- I) Hz. Each symbol shall be not less than 11 inches high and not 87260 87 -1 less than 7 inches wide. ' March 1990 10 -123 I 10 -2.040 DETECTORS , Loop wire shall be Type 1. Loop detector lead -in cable at Location 2 & 3 shall be Type C. Loop detector lead -in cable at Location 1 shall be a four conductor, .25 inch diameter, shielded and jacketed cable and shall be Canoga , Controls Corporation CC30003 or approved equal.. Lead -in cables shall be connected in accordance with the manufacturer's instructions for one and two channel configurations at locations 2 & 3. ' The number of sensor units and lead -in cables required to achieve the specified detection shall be installed. ' The Contractor shall test the detectors with a motor - driven cycle, as defined in the California Vehicle Code, that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the ' engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who , shall drive the motor - driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. 10 -2.04P PEDESTRIAN PUSH BUTTONS ' Pedestrian push botton housings shall be the metal type. ' 10 -2.04Q LUWNAIRES Glare shields are not required on semi - cutoff or full cutoff luminaires. The fourth paragraph in Section 86 -6.O1, "High Pressure Sodium Luminaires," of the Standard Specifications is amended by adding the following: The clamping brackets of the slipfitter shall not bottom out on ' the housing bosses when adjusted within the +5 degree range. All luminaires to be mounted on horizontal mast arms, when tested in ' accordance with California Test 611, shall be capable of withstanding cyclic loading in; (1) a vertical plane at a minimum peak acceleration level of 3.0 g's peak -to -peak sinusoidal loading (same as 1.5 g's peak) with the internal ballast removed, for a minimum of 2 million cycles without failure of any luminaire parts, and ' 87260 87 -1 ' March 1990 10 -124 CJ 1 I I i I U I I (2) a horizontal plane perpendicular to the direction of the mast arm at a minimum peak acceleration level of 1.5 g's peak -to- peak sinusoidal loading (same as 0.75 -g peak) with the internal ballast installed, for a minimum of 2 million cycles without failure of any luminaire parts. No part of the slipfitter mounting brackets on the luminaires shall develop a permanent set in excess of 0.020 -inch when the four 3/8 inch diameter cap screws used for mounting are tightened to a torque of 10 foot - pounds. Ballasts shall be the lag or lead regulator type. Integral ballasts and Type IV photoelectric control shall be provided. Luminaires shall be General Electric M -250 .A2 cutoff power /door units or approved equal. 10 -2.048 INTERNALLY ILLUMINATED STREET NAME SIGN Internally illuminated street name signs shall be Type A. 10 -2.043 PHOTOELECTRIC CONTROL 57260 87 -1 March 1990 Type IV photoelectric controls shall be provided on each luminaire and on each internally illuminated street name sign. The photoelectric control unit shall consist of photoelectric unit in a weatherproof housing which plugs into an EEI -NEMA twist loco: receptacle integral with the luminaire. The photoelectric unit shall provide an output in response to changing light levels and shall have a minimum built -in time delay of fifteen (15) seconds. The response level shall remain stable throughout the life of the control unit. The control unit shall contain a solid state photoelectric cell suitable for operation with 120V or 240V line supply as noted on the plans. The unit shall have a minimum rated load capacity of 1,000 volt- amperes. The control unit shall have an ON /OFF ratio of one (1) to one and one-quarter (1-1/4) footcandles. In the event of failure, the control unit shall fail in the ON position. 10 -125 r'J 10 -2.04T REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT Salvaged electrical materials shall become the property of the Contractor and removed from the site at the end of each work day. Full compensation for hauling and stockpiling electrical materials shall be considered as included in the contract price paid for the item requiring the material to be salvaged, and no additional compensation will be allowed therefor. 87260 87 -1 March 1990 10 -126 I J �_ I L_1 1 r� I LJ I SECTION 10 -3 HIGHWAY PLANTING AND IRRIGATION SYSTEMS 10 -3.01 10 -3.02 GENERAL The work performed in connection with highway planting and irrigation systems shall conform to the provisions in Section 20, "Erosion Control and Highway Planting," of the Standard Specifications and the special provisions included in this Section 10 -2. The highway planting and irrigation system work to be done consists, in general, of furnishing and installing a complete operating automatic irrigation system and landscape planting. PRESERVATION OF PROPERTY Attention is directed to Section 7 -1.11, "Preservation of Property," of the Standard Specifications and these special provisions. Any tree, shrub or plant used to replace an injured or damaged tree, shrub or plant shall be the same species as the tree, shrub or plant being replaced or shall be a plant species approved by the Engineer. All such replacement planting shall be completed before the start of the plant establishment period or at least 15 working days prior to acceptance of the contract if there is no plant establishment period. The minimum size of tree replacement shall be 60 -inch box and the size of shrub replacement shall be 15- gallon. Replacement of Carpobrotus ground over plants shall be from cuttings and shall be planted 12 inches on center. Replacement planting shall conform to the provisions in Section 20 -4.05, "Planting," of the Standard Specifications. 10 -3.03 DAMAGE REPAIR Attention is directed to Section 7 -1.16, "Contractor's Responsibility for the Work and Materials," of the Standard Specifications and these special provisions. Damage to slopes or other existing facilities occurring prior to the performance of the work provided for in this contract shall bo repaired or reconstructed by the Contractor, as directed by the Engineer. Such work will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications. Damage to slopes or other facilities occurring after start of work and before start of plant establishment period shall be repaired or reconstructed by the Contractor as provided in said Section 7 -1.16 of the Standard Specifications. When, in the opinion of the Engineer, storm damage was caused by a change in the runoff pattern from that which existed on the day the 87260 87 -1 March 1990 10 -128 10 -3.04 RELIEF FROM MAINTENANCE AND RESPONSIBILITY , The Contractor may be relieved of the duty of maintenance and protection of those items not directly connected with planting or , used in performance of planting work in accordance with the provisions in Section 7 -1.15, "Relief From Maintenance and Responsibility," of the Standard Specifications. 87260 87 -1 March 1990 10 -129 , Notice to Contractors for this project is dated and that change was the result of work by others within the right of way, the total cost of ordered repair work will be paid for as extra work provided in Section , 4 -1.03 D of the Standard Specifications. The Contractor will not be required to repair storm damage caused by said change in runoff pattern unless ordered by the Engineer. , Damage to slopes, plants, irrigation systems and other highway facilities occurring as a result of rain during the plant establishment period shall be repaired when directed by the Engineer. The cost of such repairs which exceed the accumulated sum of $2,000 will be , borned equally by the State and the Contractor. The division of cost will be made by determining the cost of repairs in accordance with the provisions in Section 9 -1.03, "Force Account Payment," of the , Standard Specifications and paying to the Contractor one -half of such cost which exceeds the sum of $3,000. When as a result of freezing conditions (as defined herein), plants , have died or, in the opinion of the Engineer, have deteriorated to a point beyond which they will not mature as typical examples of their species, the Engineer may direct replacement of sorne or all of the ' affected plants. The cost of such replacement work which exceeds the sum of $2,000 will be borne equally by the State and Contractor. The division of cost will be made by determining the cost of replacement work in accordance with the provisions in Section 9- ' 1.03, "Force Account Payment," of the Standard Specifications and paying to the Contractor one -half of such cost which exceeds the surn of $2,000. A freezing condition, for the purpose of this specification, ' occurs when the temperature at or near the affected area has been officially recorded below 32 degrees F. and plants have been killed or damaged to the degree described above. When, as a result of drought conditions (as defined herein), plants have died or, in the opinion of the Engineer, have deteriorated to a point beyond which they will not mature as typical examples of their species, the Engineer may direct replacement of some or all of the , affected plants. The total cost of ordered plant replacements, after water has been restricted or stopped, will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications. Any ' restriction or shutoff of available water shall not relieve the Contractor from performing other contract work. A drought condition occurs when the Department, or its supplier, restricts or stops delivery of water to the Contractor to the degree that plants have died or deteriorated as described above. 10 -3.04 RELIEF FROM MAINTENANCE AND RESPONSIBILITY , The Contractor may be relieved of the duty of maintenance and protection of those items not directly connected with planting or , used in performance of planting work in accordance with the provisions in Section 7 -1.15, "Relief From Maintenance and Responsibility," of the Standard Specifications. 87260 87 -1 March 1990 10 -129 11 ' The sum of the amounts shown for the units of work listed in each 10 -3.05 COST BREAK -DOWN The Contractor shall furnish to the Engineer a cost break -down for each of the contract lump Burn items of highway planting and irrigation system. the Engineer before any partial payment for these items will be Each cost break -down shall be completed in the format shown in this section. Units of work, other than those shown in this section, may be designated by the Contractor. If the Contractor elects to ' designate different units of work, the estimated quantity, value, and amount for such units shall be completed in the same manner as those shown. The quantities given in the following cost break -down samples are approximate only, being a sample of the cost break -down to be. ' furnished. The Contractor shall verify all quantities used in his cost break- downs. No adjustment in compensation will be made in the contract lump sum prices paid for highway planting and irrigation system due to any differences between the quantities shown in the cost break -down furnished the Engineer and the quantities required to complete the work as shown on the plans and as specified in these special provisions. ' The sum of the amounts shown for the units of work listed in each cost break -down for highway planting and irrigation system work shall be equal to the contract limp sum price for said work. Overhead and profit shall be included in each individual unit listed in each cost break -down. The cost break -downs shall be approved by the Engineer before any partial payment for these items will be made. Item Description Quantity Unit 1 Irrigation Syste:n 1 LS 2 Highway Planting 1 LS 3 Maintenance I LS 10 -3.06 EXISTING HIGHWAY PLANTING AND IRRIGATION SYSTEM FACILITIES ii I In addition to the provisions in said Section 20, the work performed in connection with various existing highway planting and irrigation system facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Attention is directed to the provisions in "Existing Highway Facilities" of these special provisions. 10 -3.06A CHECKING AND REMOVING EXISTING IRRIGATION FACILITIES Before irrigation work is started, the existing irrigation systems to remain shall be checked for proper operation. Any repairs to the 87260 87 -1 March 1990 10 -130 H 87260 87 -1 March 1990 10 -131 I existing irrigation systems ordered by the Engineer after checking of the systems, and any further repairs required thereafter as ordered by the Engineer, will be paid for as extra work as provided in Section 4 -1.03 0 of the Standard Specifications, except as otherwise provided in the following paragraph. Where damage to existing irrigation facilities is caused by the ' Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities promptly. Should the Contractor fail to perform the required repairs or replacements, the cost of performing , such repairs or replacements will be deducted from any monies due or to become due the Contractor. Existing irrigation facilities, where shown on the plans to be ' removed, shall be removed and disposed of. Portions of the existing irrigation facilities that are more than 6 inches below the surface of the ground of the completed work may be abandoned in place in lieu of removing such facilities, provided all other portions of the facility are removed to a depth of not less than 6 inches. ' Immediately after disconnecting an existing irrigation facility to b,- removed from a facility that is to remain in place, the rernaining facility shall be connected to the new irrigation facility, capped, or ' plugged. Full compensation for checking and removing existing irrigation , facilities shall be considered as included in the lump sum contract price paid highway planting and irrigation and no additional compensation will be allowed therefor. 10 -3.068 SALVAGE EXISTING IRRIGATION FACILITIES Existing irrigation facilities to be salvaged, where shown on the plans, shall be salvaged. Salvaged irrigation facilities shall remain the property of the State and shall be delivered to A list of the salvaged facilities, including the quantity and size of each item salvaged, shall be included with each delivery. When practicable, salvaged facilities shall be hauled directly to the location designated and stockpiled; however, salvaged facilities may be temporarily stored at a location selected by the Contractor and , approved by the Engineer, and later hauled to and stockpiled at their final location. Existing irrigation facilities to be salvaged shall be disassembled at , existing fittings or points of connection. The salvaged facilities shall be cleaned of all earth and other foreign materials. All adhering concrete shall be removed from the salvaged materials. . 87260 87 -1 March 1990 10 -131 I 11 I 1 1 I Irrigation facilities that are to be salvaged and which are damaged as a result of the Contractor's operations shall be repaired by the Contractor, at his expense. Materials which are lost for any reason before stockpiling and facilities which are damaged beyond repair as a result of the Contractor's operations shall be either replaced by the Contractor, at his expense, or, at the discretion of the Engineer, the estimated cost of replacement may be deducted from any monies due or to become due to the Contractor. Replacement for lost or damaged facilities shall be of the same kind and of the same or better quality and condition as the lost or damaged materials were prior to their removal. Full compensation for salvaging existing irrigation facilities (including removal, any temporary storage, any required excavation or backfill, and hauling and stockpiling) shall be considered as included in the lump sum contract price per linear foot for the highway planting and irrigation and no additional compensation will be allowed therefor. 10 -3.06C TRANSPLANT PALM TREES Palm trees shall be transplanted to the locations shown on the plans in accordance with the provisions in Section 20 -4, "Highway Planting," of the Standard Specifications and these special provisions. Palm trees to be transplanted shall be transplanted before any required clearing and grubbing is performed within the existing areas of the palm trees to be transplanted. When the palm trees are removed and the work within the areas to which the trees are to be transplanted is not completed to the stage: at which the trees can be planted, the trees shall be stored and maintained until transplanting can be completed. In all other cases, the palm trees shall be planted at their new locations the same day they are removed. Transplanting palm trees shall be performed between .March 15 and October 15 unless otherwise directed by the Engineer. Before each palm tree is planted, all dead fronds and frond stubs shall be removed from the trunk. In addition, green fronds shall be neatly removed up to 2 rows of fronds away from the center growth. The 2 remaining rows of fronds shall be tied in an upright position with light hemp or manila rope. Fronds and frond stubs shall be removed at the trunk, except fronds and frond stubs for Phoenix dactylifera (Date Palm) shall be removed approximately 4 inches from the trunk. Fronds and frond stubs shall be removed in a manner that will not injure the tree trunk. 8726D 87 -1 March 1990 10 -132 The roots of each palm tree or clump of palm trees shall be balled in a manner approved by the Engineer.. Such approval shall be obtained before removing any palm tree to be transplanted. The diameter and depth of each root ball shall be at least 8 inches larger than the trunk diameter at the ground line. Exposed root balls shall be kept covered with wet burlap or canvas until the trees are planted. Holes resulting from the removal of transplanted palm trees shall be backfilled with soil from the surrounding area the same day tite trees are removed. Palm trees shall not be dragged during transplanting operations, and the trunks shall be protected from injury. Each planting hole shall be a least 2 feet larger in diameter and 6 inches deeper than the root ball of the palm tree being planted. Backfill material for the palm tree planting holes shall be a mixture of 30 percent soil amendment and 70 percent soil from the surrounding area, by volume. After the planting holes have been backfilled, water shall be applied to the full depth of the holes. Palm trees shall be so planted that, after settlement of the bac'kfill, the top of the root ball shall be flush with or slightly below tho surface of the surrounding ground of the completed work. Watering basins for the transplanted palm trees shall be construct -d as shown on the plans. When the palm trees are planted, a root stimulant shall be applied to the roots of each tree in accordance with the printed instructions of the root stimulant manufacturer. A copy of said printed instructions shall be furnished to the Engineer before applying any stimulant. After planting palm trees in their final location, the trees shall be anchored in their planted positions. The Contractor shall maintain such anchoring until acceptance of the contract. Palm trees to be transplanted shall be maintained from the time the trees are removed to the time of acceptance of the contract, provided however, that the contract will not be accepted unless the trees have been satisfactorily maintained for at least 250 working days after transplanting has been completed. The palm trees shall be watered as necessary to maintain the trees in a healthy condition. Trash, debris, and weeds within the basins, including the basin walls, shall be removed and disposed of outside the highway right of way as provided in Section 7 -1.13 of the Standard Specifications. 'SVeeds shall be removed before they exceed 2 inches in length. Pesticides for weed control shall be approved by the Engineer, in writing, before. being used. 87260 87 -1 March 1990 10 -133 i 1I [1 11 i J 1 J I f� The provisions specified in Section 20 -4.07, "Replacement," of the Standard Specifications for the replacement of unsuitable plants shall ' apply to transplanted palm trees. The replacement palm tree for each unsuitable transplanted tree shall be the same size and species as the tree being replaced. Each replacement palm tree shall be planted in the planting hole of the unsuitable tree which it is ' replacing. The method for planting replacement palm trees shall be as specified in this section for transplanting palm trees. Removed unsuitable transplanted palm trees shall be disposed of outside the ' highway right of way as provided in Section 7 -1.13 of the Standard Specifications. The quantity of transplant trees will be measured as units determined from actual count in place. The lump sum contract price paid for highway planting and irrigation shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in transplanting trees, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, ' and as directed by the Engineer. 19 -3.069 MAINTAIN WATER SUPPLY When ordered by the Engineer, gate valves shall be installed at various locations in the existing irrigation system as directed by the Engineer. Furnishing and installing said gate valves, as directed by ' the Engineer, will be paid for as extra work as provided in Section 4- 1.03D of the Standard Specifications, except for gate valves to be installed where shown on the plans. ' 10 -3.06E REMOVE EXISTING LAWN FOR TRENCHING Where irrigation supply lines are installed by trenching in existing ' lawn areas that are to remain, the trench width shall not exceed 12 inches. The removed sod shall be disposed of outside the highway right of way as provided in Section 7 -1.13 of the Standard Specifications and new sod of a similar variety as the existing lawn shall be furnished and placed in the backfilled trenches. ' The trenches shall be backfilled and compacted so that the finished grade of the replacement sod matches the elevation of the existing lawn. :1 u t_1 J The sod shall be watered and shall not be allowed to dry out after placement in the trenches. 87260 87 -1 March 1990 10 -134 I Lawn that is damaged by the Contractor's operations outside the 17_- inch removal limit shall be replaced by the Contractor at his expense with new sod conforming to the above requirements. , Full compensation for disposing of existing sod and furnishing and placing new sod shall be considered as included in the lump sum ' contract price paid for highway planting and irrigation and no separate payment will be made therefor. 10 -3.07 HIGHWAY PLANTING , The work performed in connection with highway planting shall conform to the provisions in Section 20 -4, "Highway Planting," of the Standard Specifications and these special provisions. ' 10- 3.07.A HIGHWAY PLANTING MATERIALS GENERAL - The Contractor shall furnish the Engineer with a statement from the vendor that the order for the plants required for this contract, including plants that may have to be grown for this project, inspection plants and a reasonable number of replacement plants, and a deposit for growing plants for this project if necessary, , has been received and accepted by said vendor. Said statement shall be furnished within 35 working days after the contract has been approved. The statement from said vendor shall also include the , names, sizes, and quantities of plants ordered and the anticipated date of delivery. MULCH - Mulch shall consist of wood chips and tree bark. COMMERCIAL FERTILIZER - Commercial fertilizer (granular) for shrub and turf installation shall be a pelleted or granular form and , shall have the following guaranteed minimum chemical analysis: Ingredient Percentage Minimum Nitrogen 12 ' Phosphoric Acid 12 Water Soluble Potash 12 Commercial fertilizer (slow release) for turf and shrub maintenance ' shall be a pelleted or granular form, shall be a slow release type, and shall have the following guaranteed minimum chemical analysis: ' Ingredient Percentage Minimum Nitrogen 16 Phosphoric Acid 6 Water Soluble Potash 8 , ICE PLANT CUTTINGS - Carpobrotus and Delosperina (ice plant) cutting shall not be taken from any plantings that indicate the . presence of ice plant scale (Pulvinaria species). 87260 87 -1 ;March 1990 10 -135 ' L�J ' The Contractor shall notify the Engineer of the location where ice plant cuttings are to be taken at least 10 days prior to taking such . ' cuttings. 10 -3.07B ROADSIDE CLEARING ' Roadside clearing shall be performed in the following areas: The entire highway right of way within the limits of the project, including new and existing pavement, curb, sidewalk, slope paving, and other such surfaced areas, unless otherwise shown on the plans or specified in this section. Before any soil preparation or irrigation trenching is started for a highway planting area, the following roadside clearing work shalt be performed in the areas specified above: f1. Weed growth which in the opinion of the Engineer will create an unsightly condition or will interfere with ' subsequent spraying, cultivating, or planting operations shall be removed and disposed of outside the highway right of way as provided in Section 7 -1.13 of the Standard Specifications. 2. Trash and debris shall be removed. 3. Weeds shall be killed. 4. Rodents shall be controlled. After the above roadside clearing is completed, additional roadside clearing work shall be performed as often as necessary to maintain the areas specified above in a neat appearance until the start of the plant establishment period. ' This work shall include the following: 1. Trash and debris shall be removed. 2. All weed growth shall be killed before the weeds reach the seed stage of growth or exceed 2 inches in length. 3. Rodents shall be controlled. 1 11 10 -3.07C PESTICIDES Pesticides used to control weeds shall be limited to the following materials unless specified elsewhere in these special provisions or the Contractor has submitted a written request for and has received written approval from the Engineer for other pesticides prior to their use: 87260 87 -1 March 1990 10 -136 LI �letham Glyphosate Diquat ' Cacodylic Acid Oryzalin (Preemergent) Diphenamid (Preemergent) ' Trifluralin (Preemergent) Ammonium Sulfate Magnesium Chloride ' Metham or glyphosate shall be used to kill stolon type weeds. Metham shall not be applied within the drip line of trees and shrubs. Ammonium sulfate and magnesium chloride shall be used only in ' areas with Carpobrotus or Delosperrna. Plants shall be planted at least 3 days and irrigated prior to the application of oryzalin, diphenamid or trifluralin. A minimum of 100 days shall elapse between applications of oryzalin, diphenamid or trifluralin. , No pesticides, except oryzalin, diphenamid or trifluralin, shall be applied within basin areas or within 3 feet of liner and seedling ' plants. 10 -3.07D PREPARING PLANTING AREA , Plants adjacent to drainage ditches shall be so located that, after construction of the basins, no portion of the basin walls will be less than the minimum distance shown on the plans for each plant involved. , PREPARING HOLES - Holes for plants shall be excavated or drilled. The backfill material for plant holes shall be a mixture of fertilizer , and soil amendment, as shown on the plans, and soil. The materials shall be mixed thoroughly to the bottom of the hole so they are distributed evenly and without clods or lumps. ' CULTIVATING - All areas to be planted shall be cultivated. During cultivation, soil amendment shall be added to the cultivated areas at the rates and for the plants as specified or shown on the , plans and shall be thoroughly mixed with the soil. After the irrigation systems have been installed and the plant holes have been excavated and backfilled in cultivated areas, no further planting work shall be done in such areas for a period of 14 days, except the soil shall be kept sufficiently moist to germinate weeds and weeds that germinate shall be killed. , 87260 87 -1 March 1990 10 -137 LI I F J 10 -3.07E TURF (SOD) Turf sod shall be placed in the areas designated on the plans as "Turf" in conformance with the provisions in Section 20 -4, "Highway Planting," of the Standard Specifications and these special provisions. Sod shall be a mixture of Tall Fescue and Marathon varieties and shall be healthy field grown sod containing not more than 1/2 inch thick thatch. The age of the sod shall be not less than 8 months nor more than 16 months. Sod shall be grown in accordance with California agricultural codes and shall be shipped with pinto tags. The sod shall be free froin disease, weeds, insects, and nondesirable types of grasses and clovers. Soil upon which the sod has been grown shall contain less than 50 percent silt and clay. The sod shall be machine cut at a uniform soil thickness of 5/8 inch, plus or minus 1/4 inch, not including top growth and thatch. A Certificate of Compliance for the sod shall be furnished to the Engineer in accordance with the provisions in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications. The sod shall be protected during delivery with tarps or other protective covers and shall not be allowed to dry out during delivery nor before placement. The areas to be planted to sod shall be cultivated as provided under "Cultivating" elsewhere in these special provisions. All weeds and debris shall be removed before cultivation and disposed of outside the highway right of way as provided in Section 7 -1.13 of the Standard Specifications. Soil amendment shall be applied at the rate of 0.75 cubic feet per square yard and shall be incorporated into the soil during cultivation. Commercial fertilizer (granular) shall be applied to the cultivated areas at the rate of 7 pounds per 1,000 square feet prior to rolling. The areas to be planted to sod shall be fine graded and rolled after the irrigation systems have been installed, plant holes have been excavated and backfilled, the soil has been cultivated (including incorporation of soil amendment), and one application of commercial fertilizer (granular) has been applied. The soil adjacent to sidewalks, concrete headers, header boards and paved areas shall be between 1 1/4 inches and 1 3/4 inches below the finished grade of such sidewalks, concrete headers, header boards, and paved areas after fine grading, rolling, and settlement. The finished grade of the areas to be planted to sod shall be graded to drain and shall be smooth and uniform prior to placing the sod. 87260 87 -1 March 1990 10 -138 I , ! The sod shall be placed so that all ends are staggered a minimum of 2 feet and so that all edges and ends are placed firmly together. After placement of the sod, the entire sodded area shall be lightly t rolled to eliminate air pockets and to ensure close contact with the soil. After rolling, the sodded areas shall be watered so that the soil is moistened to a minimum depth of 4 inches. The sod shall not be , allowed to dry out. If any irregular or uneven areas appear during the plant establishment period, such areas shall be restored to a smooth and even appearance. ' When the turf has reached a height of 3 inches, the turf shall be mowed to a height of 2 inches. All turf edges, including those turf , edges adjacent to sidewalks, concrete headers, header boards, and paved areas, shall be trimmed to a uniform edge not extending beyond the edge of turf or such surfaces. Mowed and trimmed growth shall be removed and disposed of as provided in said Section ' 7 -1.13. Trimming shall be repeated whenever the edge of turf exceeds one inch. 10 PLANT ESTABLISHMENT WORK 1 -3.07F The plant establishment period shall be Type 1 and shall be 250 working days. t Attention is directed to "Relief From Maintenance and Responsibility" elsewhere in these special provisions concerning the relief of maintenance and protection. , Three applications of commercial fertilizer (slow release) shall be applied to trees, shrubs, vines, and ground cover areas when directed , by the Engineer. Commercial fertilizer shall be applied at the rates shown on the plans and shall be spread with a mechanical spreader wherever possible. ' The center to center spacing of replacement plants for unsuitable ground cover plants shall be determined by the number of completed plant establishment working days at the time of replacement and the , original spacing in accordance with the following: SPACING OF REPLACMENT GROUND COVER PLANTS ' Original Number of Completed Plant Spacing Establishment Working Days 1 -125 126 -190 191 -250 , 9" 9" 6" 6" 12" 12" 9" 6" 18" 18" 12" T, , 24" 24" 18" 12" 36" 36" 24" 18" ' 87260 87 -1 March 1990 10 -139 The instructions to be given to the Engineer during the giant establishment period on the use and adjustment of the installed irrigation controllers shall be performed and the approved watering schedule program shall be implemented within the last 10 working days of the plant establishment period. Such programming shall not relieve the Contractor of his responsibility to apply sufficient water as conditions may require to keep the soil and plant roots moist. A worker who is competent to operate the irrigation controllers snail be present at the jobsite when watering is in progress. Turf areas shall be mowed in conformance with the provisions under "Turf (Sod)" elsewhere in these specia! provisions. 87260 57 -1 ?March 1990 10 -140 Days during the plant establishment period in which any electric automatic irrigation component is operated manually will not be ' credited as plant establishment working days, unless such manual operation has been permitted by the Engineer or is within the 5 -day period specified under 'Irrigation Systems" elsewhere in these special provisions for repairing any malfunction or damage to the irrigation ' systems. Vieeds within ice plant areas shall be controlled by hand pulling. Weeds in other areas shall be controlled by any method conforming to the specifications for this contract. ' \ growth retardant, as approved by the Engineer, may be aapiic` t: mowed areas at the Contractor's expense. The Contractor, at his expense, may use plants of a larger container size than those originally specified for replacement plants during the first 125 working days of the plant establishment period. ' After 125 working days of the plant establishment period hav-2 neen completed, replacement of plants, except for ground cover plants. shall be one gallon for seedling, pot, and liner -size plants: 5- 2311a: for one gallon size plants; 15- gallon for 5- gallon size plants; aT),, - - ' inch box for 115 - gallon size plants. Not more than 20 working days prior to completion of the plant establishment period, the Contractor, when ordered by the Encine°�, shall apply one application of a preemergent pesticide conforr.im., *. the provisions under "Pesticides" elsewhere in these sped °,I provisions. Such work, as ordered by the Engineer, will be paid for as. extra wor!< as provided in Section. 4 -1.03r of tho S :anaLr.' ' Specifications. ' :1s part of the plant establishment period, the Contractor shall submit for approval of the Engineer a watering schedule program for each irrigation controller not less than 40 working days prior to the completion of the plant establishment period. The instructions to be given to the Engineer during the giant establishment period on the use and adjustment of the installed irrigation controllers shall be performed and the approved watering schedule program shall be implemented within the last 10 working days of the plant establishment period. Such programming shall not relieve the Contractor of his responsibility to apply sufficient water as conditions may require to keep the soil and plant roots moist. A worker who is competent to operate the irrigation controllers snail be present at the jobsite when watering is in progress. Turf areas shall be mowed in conformance with the provisions under "Turf (Sod)" elsewhere in these specia! provisions. 87260 57 -1 ?March 1990 10 -140 I 10 -3.08 IRRIGATION SYSTEMS ' Irrigation systems shall be furnished and installed in accordance with ' the provisions in Section 20 -5, "Irrigation Systems," of the Standard Specifications and these special provisions. All materials for the irrigation systems, unless otherwise provided ' for, shall be commercial quality. Concrete for irrigation facilities, unless otherwise provided for, shall ' be produced from commercial quality aggregates and cement and ' shall contain not less than 470 pounds of cement per cubic yard. Hand mixing of the concrete will be permitted. Exposed top surfaces of foundations and pads shall have a medium broom finish applied ' ' parallel to the long dimension of the foundation and pad. Repair of the irrigation system shall be made within 5 working days ' of a malfunction or damage to any portion of the systems. ' Angle pattern (bottom inlet) control valves shall be installed with a union on the discharge side of the valve. Straight pattern (side inlet) ' ' control valves shall be installed with a union on the inlet and discharge side of the valve. Unions may be an integral part of the valve body. ' ' Conduits to be jacked or drilled for water line crossovers or sprinkler control crossovers shall be installed before other pipe supply lines are installed, unless otherwise provided for or permitted in uniting by the ' Engineer. ' Risers and nipples for irrigation facilities shall be Schedule 80, PVC , 1120 or PVC 1220, polyvinyl chloride pipe conforming to the , requirements of ASTM Designation: D 1785, unless otherwise provided in these special provisions or shown on the plans. Irrigation supply lines and electrical conduit installed in a common , , trench shall not be installed above each other. Primers and paints for application on metal and wood surfaces shall ' ' be the best quality grade of the specified types as regularly manufactured by a recognized coating manufacturer. Thinners and coloring tints shall conform to the coating manufacturer's ' recommendations. Coatings shall not be thinned except as required ' for application. Coats for each coating system shall be compatible with one another , and shall be made by the same manufacturer. Testing of primers and , paints will not be required. Method B pressure testing, as specified in Section 20 5.03G(2), , , "Method B;' of the Standard Specifications, shall be done at not less than 125 pounds per square inch measured at the highest elevation of that portion of the system being tested. ' ' 990 10 -141 11 I� I L 1 11 I Only pipeline trenches and excavation pits for supply lines being supplied from one water service point shall be open at any time. Control valves shall be installed a minimum of 6 feet and a maximum of 8 feet from curbs, dikes, and paved shoulders. In areas where control valves can not be installed as provided herein, control valves shall be located as directed by the Engineer. VALVE BOXES - Valve boxes installed in paved areas and valve boxes used for valve or filter assembly units and wye strainer assemblies shall be precast portland cement concrete. All other valve boxes shall be either precast portland cement concrete or plastic. Plastic valve boxes shall be manufactured by the same company. Plastic valve boxes installed in areas with slopes steeper than 4:1 shall be of sufficient rigidity that when a designated concentrated force is applied perpendicularly to the midpoint of one of the long sides at the top while the opposite long side is supported by a rigid surface, the cover can be removed without the use of tools. The designated concentrated force shall be 150 pounds for a box with cover dimensions up to 12" x 17" and shall be 100 pounds for a box with dimensions larger than 12" x 17 ". Covers for plastic valve boxes shall be plastic. Covers for round concrete valve boxes and valve boxes installed in paved areas shall be concrete, cast iron, or steel. Covers for valve or filter assembly units and wye strainer assemblies shall be plastic, cast iron or steel. All other covers for concrete valve boxes shall be concrete, plastic, cast iron or steel. Plastic covers for concrete valve boxes shall be glass fiber reinforced plastic. Covers for concrete valve boxes shall be one piece, except that when the weight of the valve box cover exceeds 35 pounds, the cover shall be cut into equal sections so that no section exceeds 35 pounds. All cuts shall be straight, uniform and smooth. Covers shall be identified on the top surface as shown on the plans. Covers shall be marked with the appropriate controller and valve identification letters and numbers with paint or cover marking plates as specified for marking valve box covers under "Irrigation Controllers and Components" elsewhere in these special provisions. 87260 87 -1 March 1990 10 -142 I� l 10 -3.08A IRRIGATION CONTROLLERS AND COMPONENTS IRRIGATION CONTROLLERS - Irrigation controllers shall be single, ' independent controllers conforming to the following: 1. Irrigation controllers shall be fully automatic and shall be capable of operating a complete 14 -day or longer ' irrigation program. 2. A switch or switches shall be provided on the face of the , control panel that will turn the irrigation controller on or off and provide for automatic or manual operation. Manual operation shall allow cycle start at any desired station and shall allow activation of a single station. 3. The watering time of each station shall be displayed on the face of the control panel. , 4. The irrigation controller and the low voltage output source shall be protected by fuses or circuit breakers. ' 5. The irrigation controller mechanism, panel, and circuit board shall be connected to the low voltage control and neutral conductors by means of plug and receptacle connectors located in the irrigation controller enclosure. ' 6. Each station shall have a variable or incremental timing adjustment with a range of 0 to a minimum of 60 minutes. ' 7. Each irrigation controller shall be capable of a rninimu�i of 2 program schedules. , 8. Each irrigation controller shall have an output that ran energize a pump start circuit or a master remote control valve. , 9. Timing and clock adjustments shall be made without inserting or removing pins. ' 10. All irrigation controllers shall be manufactured by the same company. 11. Solid -state irrigation controllers with digital displays shall , not be used. Digital clocks shall not be considered digital displays. , 12. Where direct burial conductors are to be connected to the terminals strip, the conductors shall be connected with the proper size open -end crimp -on wire terminals. No exposed wire shall extend beyond the crimp of the , terminal and the wires shall be parallel on the terminal strip. 87260 87 -1 March 1990 10 -143 I� l I 1 P Each irrigation controller shall have a control relay for the rernote ' control valves. Each relay shall be 24 -volt, AC, 10- ampere, 2 -pole, double throw general purpose type, enclosed in a clear plastic cover with 8 -pin plug base. The socket for the relay shall be the barrier type, 8- contact relay socket with 10- ampere contacts and screw terminals. A 20- ampere, 120/277 -volt, AC "ON -OFF" switch shall be mounted in ' S. The valves for each irrigation controllers shall be the same model series and shall be compatible with the model series of the irrigation controller. Valves shall be manufactured by the same company as the irrigation 1 87260 87 -1 March 1990 10 -144 1 a steel box with a steel cover and shall be installed in the irrigation ' controller pedestal. For wall- mounted irrigation controllers, the switch shall be installed at the locations shown on the plans. "ON- OFF" switch may be installed at the project site. ' Irrigation controller enclosures shall be constructed of fiberglass. Irrigation controllers with metal enclosures may be used when ' mounted securely inside a fiberglass enclosure that conforms to the provisions of flexural and tensile strength in Section 20- 2.31A, "Irrigation Controllers," of the Standard Specifications. ' Irrigation controller enclosures that do not conform to the provisions in said Section 20 -2.31A may be used when mounted securely inside other enclosures that conform to said provisions. VALVES - Electric remote control valves shall conform to the following: 1. ?Raster and electric remote control valves f 1/2 inches and smaller shall be either high strength industrial polyvinyl chloride (PVC), glass filled nylon, brass, bronze or cast iron construction. Valves larger than 1 1/2 inches shall be of either brass, bronze or cast iron construction. PVC valves shall have metal seats. All metal parts of PVC and glass filled nylon valves shall be stainless steel. ' Cast iron bodied valves shall have replaceable, nonferrous, metallic seats. 2. Valves shall be normally closed. 3. Valves shall be completely serviceable from the top without removing the valve body from the system. 4. Valves shall be equipped with a device that will regulate and adjust the flow of water and shall be provided with a manual shutoff. The manual shutoff shall be operated by ' a cross handle. ' S. The valves for each irrigation controllers shall be the same model series and shall be compatible with the model series of the irrigation controller. Valves shall be manufactured by the same company as the irrigation 1 87260 87 -1 March 1990 10 -144 1 controller, if the manufacturer of the irrigation controller also manufactures valves. 6. Valve solenoids shall operate on the voltage AC circuit supplied by the irrigation controller. 7. Valves shall be angle pattern (bottom inlet) or straight pattern (side inlet) as shown on the plans. 8. Valves shall be provided with a manual bleeding device. 9. Valves shall be equipped with an internal diaphragm installed in the valve body casting. Each valve box that contains an electric remote control valve or valves shall be identified by stenciling the appropriate irrigation controller identification letter or letters and valve identification number or numbers, as shown on the plans, on the top side of the valve box cover. The letters and numbers shall be 2 inches in height. The stenciling paint shall be a commercial quality, epoxy resin based paint of a color which contrasts with the valve box cover. CONDUCTORS AND PULL BOXES - Low voltage as used in this section "Conductors and Pull Boxes" shall mean 36 volts or less. Each low voltage neutral and control conductor in each valve box, at each irrigation controller terminal, and at all splices shall be marked with an adhesive cloth wrap - around marker. Each low voltage neutral and control conductor in each pull Sox and each valve box and at each irrigation controller terminal shall be marked as follows: The identification on the markers for control conductors shall be the appropriate irrigation controller station number and the appropriate number or letter designation of the irrigation controller. The identification on the markers for neutral conductors shall be the appropriate number or letter designation of the irrigation controller. The Contractor, at his option, may use other types of splice sealing materials and methods provided such materials and methods have been approved in writing by the Engineer prior to the installation of any connectors. The color of low voltage neutral and control conductor insulation shall be homogeneous throughout the entire thickness of the insulation. Instruction shall be given to the Engineer on the use and adjustment of the installed irrigation controllers and the 87260 87 -1 March 1990 10 -145 C 1 1 functional test specified in Section 20- 5.0277, "Testing," of the Standard Specifications for each irrigation controller and 1 associated irrigation system shall be satisfactorily completed prior to the granting of relief from maintenance and protection as provided elsewhere in these special provisions. 1 IRRIGATION AUTOMATIC CONTROLLER ENCLOSURE CABINETS Wall mounted irrigation controller enclosures shall be housed in an irrigation controller enclosure cabinet. Irrigation controller 1 enclosure cabinets shall be constructed and the equipment within the cabinets shall be installed in conformance with the details shown on the plans and these special provisions. ' Duplex convenience receptacles shall have ground -fault circuit interruption as defined by the Code. Circuit interruption shall occur on 6 milliamperes of ground -fault current and shall not occur on less 1 than 4 milliamperes. Receptacles shall be installed in a weatherproof housing with rainproof lift covers. The plywood mounting panel shall be painted with one application of 1 an exterior, latex based, wood primer and 2 applications of an exterior, vinyl acrylic enamel. The plywood panel shall be painted on all sides and edges prior to installation of the panel in the cabinet and 1 equipment on the panel. Irrigation controller cabinets shall be cleaned and painted in accordance with the requirements specified for cleaning and paintiri 1 existing and reused equipment in Section 86 2.16, "Painting," of the Standard Specifications, except the finish color of the irrigation controller cabinets shall be light green. 1 10 -3.08B IRRIGATION SYSTEMS FUNCTIONAL TEST The functional test for each irrigation controller and associated 1 automatic irrigation system specified in Section 20- 5.0277, "Testing," of the Standard Specifications shall be performed during the watering period to germinate weeds as specified under "Cultivating" elsewhere in these special provisions. Applying sufficient water to germinate weeds shall not be limited to the functional test requirements. The functional tests shall consist of not less than 5 consecutive 1 working days during which time each irrigation controller shall have completed at least 10 complete cycles automatically for each station controlled by said controller. Length of the watering cycles shall be determined by the Engineer. If unsatisfactory performance of the 1 system develops, the condition shall be corrected and the test repeated until continuous satisfactory operation for 5 consecutive working days is obtained. 1 1 87260 87 -1 March 1990 10 -146 1 I I 1 10 -3.08C RAIN SENSOR UNITS , Rain sensor units shall shut off all valves when it rains without interfering with the timing or programming of the irrigation controllers and shall be installed for the following and as shown on , the plans: Each irrigation controller or group of irrigation controllers that operate a common master remote irrigation control valve shall , have a rain sensor unit. Each irrigation controller shall have a rain sensor unit. ' Rain sensor units shall be as recommended by the irrigation controller manufacturer. ' Rain sensor units shall not be located under the drip line of trees or shrubs and where spray from sprinkler heads will affect the sensors' operation. Sensor unit shall be mounted on a Schedule 80 PVC pipe and attached to existing fence posts or irrigation controllers when ' fence posts are not convenient. Rain sensor units shall obtain power from the irrigation controllers ' and shall be installed as recommended by the controller manufacturer. 10 -3.081) ELECTRIC SERVICE INSTALLATION ' Electric service installation for the irrigation controllers shall be performed in accordance with the provisions in Section 20- 5.027E, ' "Service," and Section 86 -1.02, "Regulations and Code," of the Standard Specifications, the details shown on the plans, and these special provisions. , Conduit shall conform to the provisions in Section 86 -2.05, "Conduit," of the Standard Specifications. Non- metallic type conduit shall not be used. ' Pull boxes shall conform to the provisions in Section 86 -2.06, "Pull Boxes," of the Standard Specifications, except covers of pull boxes shall be inscribed "SERVICE ". ' Grout in the bottom of pull boxes will not be required. Where existing pull boxes with grouted bottoms are disturbed by the Contractor's operations, old grout shall be removed and replaced with , new grout. Metered 120 /240 -volt, single -phase service in a service ' equipment enclosure. 87260 87 -1 March 1990 10 -147 1 i i i Each service equipment enclosure shall be a NEMA Type 3R ' enclosure with a gasket on 2 sides and top of the exterior door. Enclosure shall be complete with floor mounting flange, hinged interior dead front door, and hinged exterior padlockable door. All ' hinges shall be continuous semi- concealed stainless steel piano type. Enclosures shall be of welded construction and fabricated of 12 -gage galvanized sheet steel. Enclosures shall be similar to the Type 111 -AF service equipment cabinet shown on the plans. All circuit breakers 1 and the transformer fuse shall be externally operable after the exterior door is opened. Enclosures shall be factory pre - wired. All wires entering or leaving the enclosure shall terminate on terminal blocks. The wiring shall be arranged so that any piece of equipment may be removed without disconnecting any wiring except the leads to that piece of equipment. ' Details shown on the plans for service equipment enclosures may be varied at the option of the Contractor and upon approval of the Engineer. 1 Each enclosure Shall be finished as provided for service equipment cabinets in Section 86 -2.16, "Painting," of the Standard 1 Specifications, except the finish shall be a light green color. The following equipment shall be furnished and installed in each enclosure: ' Service and spare disconnects shall be single -pole, 240 -volt, 15- ampere trip, molded case circuit breakers with insulated groundable neutral. The interrupting capacity of the breakers 1 shall be 10,000 amperes (symmetrical) at 240 volts. Fuse shall be a quick blowing type fuse. Each fuse and knob shall be in one piece and the holder shall have its corresponding rating inscribed thereon. The current rating shall be as shown on the plans. 1 Terminal blocks shall be 20- ampere, molded plastic with 2 or more mounting holes and 2 or more terminals in each cast block. The molded plastic_ shall have a high resistance to heat, 1 electrical potential, moisture, and mechanical shock and shall have a smooth and even surface. Each block shall have a molded marking strip attached with screws. The identifying numbers of the terminating wires, as shown on the Contractor's working drawings, shall be engraved in the marking strip. 1 Terminal blocks shall have tubular, high pressure clamp connectors. ' Units shall be identified in conformance with the provisions in Section 74 -3.09, "Identification of Units and Conductors," of the Standard Specifications. 1 87260 87 -1 March 1990 10 -148 Items listed below shall have nameplates with 1/8 inch high letters as required for externally operable control switches. Inscriptions shall be as follows: ITEMS INSCRIPTION Meeting Equipment IC Enclosure Service Disconnect IC Fuse (F I) XFORMER OL Fuse (F2) IC Fuse (F3) IC The inscription on all other nameplates shall be the identifying letter designation used on the plans and in these special provisions or as directed by the Engineer. 10 -3.08E OPEN TRENCHES IN EXISTING SURFACING The 1 1/2 inch pipe supply lines and electrical conduit for control valve conductors to be placed under existing asphalt concrete surfacing and portland cement concrete sidewalks shall be placed by the open trench method. The supply lines and electrical conduit shall be placed in a common trench. The trench width shall not exceed 12 inches in asphalt concrete surfacing and 18 inches in portland cement concrete sidewalks. The top of the installed pipe supply line or conduit shall be a rnini mu ro of 12 inches below finished grade. The outline of all areas of surfacing to be removed shall be cut to a minimum depth of 2 inches with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. The outline for removal of existing portland cement concrete for trenches within and parallel to the sidewalks shall be made 18 inches from the existing curb. The removed asphalt concrete surfacing and portland cement contrete shall be disposed of outside the highway right of way as provided in Section 7 -1.13 of the Standard Specifications. Portland cement concrete curbs shall not be cut or removed for installation of the supply lines and electrical conduit. Where no joint exists in a monolithic concrete curb and sidewalk, the concrete sidewalk shall be cut on a neat line at the location designated by the Engineer. 87260 87 -1 ,March 1990 10 -149 I I 1 1 I 1 I 1 I I �I I The pipe supply lines and electrical conduit shall be placed at the bottom of the trenches and the trenches shall be backfilled with material excavated from the trenches. Backfill for trenches in asphalt concrete surfacing shall be placed to not less than 0.25 -foot below the surrounding surfacing. The top 0.25 -foot of the trench shall be backfilled with asphalt concrete conforming to the provisions under "Asphalt Concrete" elsewhere in these special provisions. Backfill for trenches in portland cement concrete sidewalks shall be placed to not less than 0.33 -foot below the surrounding surfacing. The top 0.33 -foot of the trench shall be backfilled with portland cement concrete conforming to the provisions for concrete irrigation facilities elsewhere in these special provisions. Spreading and finishing of the portland cement concrete in the trench shall be performed by any method which will produce a concrete surface of uniform smoothness and texture equal to or better than the adjacent concrete sidewalk surface. 10 -3.08F SPRINKLER CONTROL CROSSOVERS Sprinkler control crossovers shall conform to the provisions in Section 20 -5, "Irrigation Systems," of the Standard Specifications. 10 -3.08G CORRUGATED STEEL PIPE CONDUIT Conduit to be placed by the open trench method shall be corrugated steel pipe conduit conforming to the provisions in Sections 20 -5, "Irrigation Systems," of the Standard Specifications. WATER LINE CROSSOVERS - Water line crossovers shall conform to the provisions in Section 20 -5, "Irrigation Systems," of the Standards Specifications and these provisions. Polyvinyl chloride (PVC) plastic pipe shall be 1120 or 1220 pressure rated pipe with minimum pressure ratings (PR) as shown on the plans. 10 -3.08H PIPE STEEL PIPE - Steel pipe, couplings, and fittings shall conform to the provisions in Section 20- 2.15A, "Steel Pipe," of the Standard Specifications, except that the weight of the zinc coating shall be a minimum of 90 percent of that specified in ASTM Designation: A 120. Galvanized steel pipe supply line shall be installed at least 24 inches below finished grade, measured to the top of the pipe. 87260 87 -1 March 1990 10 -150 PLASTIC PIPE - Plastic pipe supply line shall be polyvinyl chloride (PVC) 1120 or 1220 pressure rated pipe with minimum pressure ratings (PR) as shown on the plans. Schedule 40 and Schedule 80 plastic pipe supply line shall conform to the requirements of ASTM Designation: D 1785. Plastic pipe supply line with rubber ring gasket type joints shall be installed at least 18 inches below the finished grade, measured to the top of the pipe. Plastic pipe supply line with solvent cemented type joints shall be installed at least 12 inches below the finished grade, measured to the top of the pipe. A non - hardening joint compound applied in accordance with the manufacturer's instructions may be substituted for the pipe thread sealant tape specified in Section 20- 5.03E, "Pipe," of the Standard Specifications. Plastic pipe irrigation line shall be installed at least 12 inches below the finished grade, measured to the top of the pipe. Plastic pipe supply line and fittings that are on the supply side of control valves and are 2 inches or larger in diameter shall be the rubber ring gasket type, except when supply line with a PR of 315 pounds per square inch is required. All PVC pipe 1 1/2 -inch diameter and smaller shall be cut with "PVC CUTTERS ". Sawing of said pipe will not be allowed. All new and exposed existing reclaimed water supply lines shall be marked with a continuous permanently affixed yellow striping tape bearing the continuous wording "RECLAIMED WATER ". 10 -3.081 WATER METERS Water meters for the irrigation systems will be installed by the serving utility at the locations shown on the plans. The Contractor shall make all arrangements and pay all costs and fees required by the serving utility. The Newport Beach water Department has an established fee of $390 for installing a water meter. If, at the time of installation, this fee has been changed, the State will take a credit for any reduction in the fee, or the State will pay the difference for any increase in the fee. Such credit or payment will be taken or paid on the first monthly progress payment, if any, made after the meter is installed. 97260 87 -1 March 1990 10 -151 I I 1 CI I H I I I I 1 I The Contractor shall furnish the Engineer with a copy of the invoice for the installation fee. 10 -3.087 BACKFLOW PREVENTER ASSEMBLIES A backflow preventer assembly shall consist of a wye strainer, backflow preventer, pipe supports, two ball valves, fittings, and pipe for the assembly as shown on the plans. All components of the backflow preventer assemblies shall be capable of withstanding a cold water working pressure of 150 pounds per square inch. Threaded type shut -off valves in the backflow preventer shall be provided with a union on one side of each valve. Unions shall be bri ss or malleable iron. Gate valves at the outlets of the wye strainers shall be threaded, brass or bronze, and be the same size as the outlet. Gate valves at the wye strainer outlets shall be modified so that no attachments can be made to the outlets. Reducer bushings shall not be used at the wye strainer outlets. Gate valves at the wye strainer outlets shall have a brass or bronze body, stem, and wedge. Seat rings shall be teflon on the discharge side of the valve. Wedges shall be driven obliquely by cam action into the seating rings. Pressure loss through the backflow preventers shall not exceed the following: BACKFLOW FLOW RATE PRESSURE PREVENTER (GPM) LOSS (PSI) SIZE (Inches) 1 1/2" 30 8 Fittings and pipe shall be galvanized steel unless otherwise shown on the plans. Backflow preventer assemblies shall be painted with 2 applications of a commercial quality enamel paint. The color of the paint shall be a light green. TESTING BACKFLOW PREVENTERS - New and relocated backflow preventers installed by the Contractor and existing backflow preventers to remain in place shall be tested for proper operation by a certified Backflow Preventer Tester. The tester shall hold a valid certification as a Backflow Preventer Tester from the county in which the device to be tested is located or, if the county does not have a certification program for Backflow 1 87260 87 -1 March 1990 10 -152 I LJ Preventer Testers, the tester shall have a certificate from one of the following: 1. The University of Southern California Foundation for Cross - Connection Control and Hydraulic Research. 2. The American Water Works Association. 3. A county which has a certification program for Backflow Preventer Testers. Testing for proper operation shall conform to the provisions of the county in which the testing is being performed or, if such procedures are not available, such tests shall conform to the provisions in the latest edition of the Cross - Connection Control Procedure and Practices manual, which is available from the California Department of Health Services, Sanitary Engineering Branch, 744 P Street, Sacramento, CA 95814. Tests for new and relocated backflow preventers shall be satisfactorily completed after installation of the backflow preventer assemblies and before operation of the irrigation systems. Existing backflow preventers shall be tested and repaired, if required, before the start of the plant establishment period. Repair of relocated or existing backflow preventers will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications when ordered by the Engineer, except damage caused by the Contractor's operations. The Contractor shall notify the Engineer at least 5 days prior to testing backflow preventers. One copy of all test results for each backflow preventer shall be furnished to the Engineer. All new backflow preventers failing required tests shall be repaired or replaced at the Contractor's expense. New, relocated, and existing backflow preventers shall be retested one year after the satisfactory completion of the first tests or 10 days prior to completion of the plant establishment period, whichever is shorter. Retesting of backflow preventers after satisfactory completion of the first tests will not be required. 10 -3.08K SPRINKLERS Sprinklers shall be the type, pattern, and material and shall have the operating characteristics listed in the "Sprinkler Schedule" shown on the plans. 87260 87 -1 March 1990 10 -153 2. Trench backfill shall be compacted to the specified relative - compaction. Compaction shall be performed by using mechanical. compaction or hand tamping equipment. Unless specified otherwise, consolidation by jetting or flooding shall not be permitted. High impact hammer -type equipment shall not be used except where the pipe manufacturer warrants in writing that such use will not damage the pipe. 3. Axle- driven or tractor -drawn compaction equipment shall not be used within 5 feet of walls and structures. N. Compacted Embankment 1. All areas where embankments are to be placed shall be cleared and grubbed of all vegetation, rubbish, brush, and roots. After clearing and grubbing, the embankment foundation shall be prepared by scarifying the top 6 inches of existing soil and compacting it to 90% relative compaction. 2. Fill material shall be brought up to an approximately uniform elevation for the entire width of the embankment cross section and compacted to 90%• relative compaction. Fill shall be placed in controlled compacted layers of maximum B -inch loose lift thickness prior to compaction. ■ 0. Import or Export of Backfill Material 1. Excess excavation soil material shall off the project site at no additional be removed and expense to the disposed of District. Excess soil material shall be disposed of in accordance with local regulations. 2. Any additional backfill material necessary to return all grades to plus or minus 0.2 feet from the grade encountered at the beginning of construction or as shown on the contract imported, placed, and compacted at no drawings additional cost shall be to the District. D TRENCHING, BACKFILLING, AND COMPACTING Rev. 5/88 0032t J 02223 - 9 APPENDIX A "STATE OF CALIFORNIA COASTAL ZONE PERMIT" 1. Permit dated, October 11, 1989 2. Amendment dated, May 7, 1990 I CALIFORNIA COASTAL COMMISSIOt ,-4! \'. -Si BdC p VAV, SUITE 34C LONG BEACH CA iG-L" `.\ \\ Da tC': ;2131 50 5071 ��', f:' Pcrrri t Nc. COASTAL DEVELOPMENT PERMIT 0:: _ Oc,toter 11. 1539 , the California Coastal Com;.ission granted t:; a ' City of Nc,:aport Beach /CalTrzns this permit subject to the attached Standard and Special condition,, for development consisting of 1 llid ^n the east side of Net:pert Blvd., wider, the east side of the Ne< :part Lhehncl ':ridge construct new ramps in the southwest quadrant cf the ;nti:rch. �f Coast. Ilight:ay and Newport Blvd., tdiden the sidewa ', on the east °ids of briG`:t '`OP bic`yc lists and pedestrians, rar,p constructio, C'id ;idi:'.;cl; rr^dif tli: �l cil test sldr cf Nel:por; Blvd. to provi:.'o for b'.!ce and pede= "Lr'ians dur:r. Ur' >i.. 'ice i•:odl i`y the Kon,JPor t GcaCh City i'all pari:ing lot c: rr �c !io•s- De ov station and part of bridge tt.( l iG, ir,^ ^,le iii the 4o m- :l Of TP is withir, _Vr ccaila! Zcne in Cc ,/. at _. Nc ? t Ml- i. _42-'[ t ad Pacific Plcas+ r'lgh._1�./s._. Me.5T :t Ce.a-1, C:j. on or the Coliforn a CC--stai PETER DOUu!_AS I/ Title: Si_= ACKNOWLED"GMT The undersigned pernittee acicnowted;es receipt: cf this permi' and zgr2es to e.bid- ' by all terms and conditions thereof. The undersigned permittee ac!;nowlcdges that Ccvcrn-!ent Code Section states in pertinent part, that: "A public entity is not liable for ir:jur/ cai,-7' by the issuance. . . of any perm'it. applies to Vic issuance of this l:ermi'_. I!1PCR7AN7: THIS PERMT IS N01 V.'L'D WILESS A` UNTIL A COPY OC 1;iF P�R!'iT THE SIG "ED ACKNO:!LEDGE6IEPIT HAS DEErd RETURNED TO 111E CD VI�SIIN OFFICE. 14 131 Admin. Code Section 13158(e). 7`' 2 Datc �141rt -ture of Nfrmittc•c 1 COASTAL DUELOPf.ENI PEPM.TT ;4•. 7 f. Permit fro. — S'ANIARO_COVOiTIONSS: 1. Notice of Receipt and Acknouleddment. The permit is not valid and development shall not commence until a copy of the permit, signed by the penr:ittee or authorized agent, acknowledging receipt of the permit and ' accept<:.nce or the terns and conditions, is returned to the Commission office. 2: Exriraticn. If development he, not commenced, the permit rill expire t.:o years from the date on which the Commission voted on tfre application. Geve'opment shall be pursued in a diligent manner and completed in a reasonable period of time. Application for exter;sion of the permit n-.us'L be made prior to the expiration date. Cor- li;.nce. All development ,asst occur in str';ct compliz .-.ce ,:ith the: proposal as set forth in the application for permit, subject co any spcc cl conditions set forth belt.:. Any deviation from tho apnrovod i:lar„ r.._s': _o rev;r_•,red and approved by the staff and F.2J rec;s;r Com;a;, cr. epprc•.., 4. lnte°p_eetation. Any rucstions cf inte -;1 cr in`erpre':ation ci <.r: cc',1 ' r,;; mill Le r.sG'tved by the D;,,cutivc Girector cr CoTm,ss;cr.. t;i O;lS. The GO,T.'Ii55 for staff shall LC ai 1'61ed t.^ insp'c .. '.he S L ^:d the project A: .:�ing :* de.cla mer- subI;act is h _:° v nct,cc. 6 7, s, c; rime nt. The permit may be c,signed to any c,ualific+ ,�vn, C o:� ed assian::e files r -:ith the Commission an a`'ridavit :cccL;ting El teria> c:I ' .or;dticn_ of the permit. 7. Terms and Conditions Run with the Land. these terms and con::'tic-:s perpe 1 and it is the intent c of th-, ccm.i I s ;ol the p cr, ' fn bind all fatarc c¢:," . d po, c,__ t� zrld conditions. "`EC AI. CCNIDI i IONS: N 3114 . i LC0F,":VK /g4 II i! STME OF CAIIFCa NIA —THE .RESOURCES AGENCY GEORGE WdRfAE)IAN, Cov` CALIFORNIA COASTAL COMMISSION _ SOUTH COAST AREAy }A 245 WEST BROADWAY, SUITE 380 ( SONG BEACH, CA 90807 �^J (217) 590-5071 1 AMENDMENT TO COASTAL DEVELOPMENT PERMIT Date May 7, 1990 Permit Number-5-89-724 issued to City of Newport Beach /Caltrans _ for: Widen the east side of Newport Blvd., widen the east side of the Newport Channel Bridge, construct new ramps in the south.,est quadrant of the interchange of Coast Highway and Newport Blvd., widen the sidewalk on the east Fide of bridge for bicyclists and pedestrians, ramp construction and Sidewalk modification on the west side of Newport Blvd. to provide for bike and ' pedestrains during construction, modify relocations. Demolish gas station and and part of bridge. Newport Blvd., 32nd St., Villa ;day near City Ha-11, Newport Beach Has been amended to include the following change: Remove 45 parking spaces in front of City Hall and replace to 32nd St., Villa Way and employee parking IC,. by restriping, angle parking and a City Employee Parking Management rrog:am. This amendment will become effective upon return of a signed copy of this For- to the Commission office. Please note that the original permit conditicns unaffected by this amendment are still in effect. PETER M. DOUGLAS Executive Director 1 By: 1 Title: Staff Analyst __ _.__ ACKNOWLEDGMENT I have read and understand the above amendment and agree to be bound by the cen,ditions as amended of Permit. No._ 5- 89- 724A.._.,.-.._t ' ? Date �.N��! � � ; l 1 fit. Signature= 1`�-'= S.'��', ��---- - - -- -- VK:tn ' 4613D I' II 1 I r� i L� I [1 I it I I �1 I APPENDIX B "U.S. COAST GUARD PERMIT" I U.S. Deocrtmeni of Transportanon Unuetl States Coast Guano BRIDGE PERMIT ' (2- 90 -11) ' WHEREAS by Title V of an act of Congress approved August 2, 1946, entitled "General Bridge Act of 1946," as amended (33 U.S.C. 525 -533), the consent of Congress was granted for the construction, maintenance and operation of bridges and approaches ' thereto over the navigable_ waters of -:the United States; AND WHEREAS the_Secretary of TransportatiL�or. has delegated "tion the authority o£::'Sec 502(b) of that act�to° the Commandant, U.S. Coast Gaard Uy Section 1.46(c) of Title 49 ,Cbde of Federa__ Regulations; -- - AND WHEREAS.. before construction is commenced, t`e Cem:�andant must approve the location ; and plans of . any ;'such `,or icga a. ^.d ma_; i;:,pose.: -any specific' conditions-- relating 'to ^,they censt action, maintenance and- : °operati6n'of- the. '`str,ucture:-,wnich he..dee,:s necessary in the interest of'°oublic,aavigatierr, such corzdi,t >ons to have the force of /AND WHEREAS the - ." TATE' -OF CALIFORNIA. - `has sum eo; or approval the location and plans indicating \T,1adirica ,cn to ' bridge constructed across Newport Bay '(Newport;Islaad C`:annel); at Newport Beach, California; __� { NOW THEREFORE', -, this ii to :certify ' that j the locar i on , nC, plans dated biarc,hi 1989'\ are; heieby approved by; file Co -.mend nt, ' subject to the following' conditions;' from d pans be No deviation the44gLOV mad made eit er ' before, or afteL�completior -, of -ie ys�t?u urei a :1e3si the 'of 1 been suf6mittec%L�o and modification said pJCans .has pievi u received the approvalJof ffie- Commandant. % /�'+/ �falsework�Jco�ferdans! 2. The constructiorsa�f— or other ' obstructions., ifqu.i. red ;°shall`. bein:maBcordanc ith puns submitted o and approved'b�/the Commander, Eleve oast Guar6 District priot�'to modification of the bridge, work shall be ' so conducted �tha'4, the free navigation of th terwa- is not unreasonably inte'rfe ?ed with and the present v7gable depths are not impaired. Ti:hely, - o- ticeof,,,:,any�anc o 1 events that may affect navigation shali%'6e. gi en�.t -o the.'bi "strict Commander during ' modification of the bridge. The cnannel or cF:annels t-hrot:ah the structure shall be promptly cleared of all obstructicns placed ' therein or caused by the modification cf the bridge to the Continuation Sheet BRIDGE PERM1" ' Bridge across Newport Bay (Newport (1- 90-'_i! Island Channel) at Newport Beach, California satisfaction of the District Commander, when in the judgment of the District Commander the modification work has reached a point where such action should be taken. ' 3. Issuance of this permit does not relieve the permi *_tee of the obligation or responsibility for compliance with the provisions of any other law or regulation as may be under the jurisdiction of any federal, state or local authority having cognizance of any aspect of the location, modification or maintenance of said bridge. 4. Clearance gauges shall be installed and maintained in a ' good and legible condition by and at the expense of the owner of the bridge. The type of gauges and the locations in which they are to be installed will be submitted to the District_ Commander for approval. 5. A bridge fendering system shall be installed and maintained in a good condition by and at the expense of tae owner L1 of the bridge. In addition, a false rubber soffit shall be ' installed and maintained on the highest side of the bridge by an- at the expense of the owner of the bridge. Said installations shall be for the safety of navigation plans submitted to and approved by the and in accordance with District Commancer r_..ricr to their installation. years and completed within five years a cer the date of this L1 o. When the existing to be modified bridge is no 1crigcr ueed for transportation purposes, it shall be removed -in its entirat;> or to an elevation deemed appropriate by the District Commancer and the waterway cleared to the satisfaction of the District Commander . Such removal and clearance shall be ccmo1etca 1- :• anc at the expense of the owner or the bridge upon due notice p=rom the District Commander. ' 7. The approval hereby granted shall cease and be nu =_- and void unless modification of the bridge is commenced within three years and completed within five years a cer the date of this ' permit. 1 m r Acting Chief, Bridge Administration Division ' By direction of the Com:tancar.t L1 1 e1 i •Y o0 ,vEw�orr sues •�ceo,� tovf' c ' pE�ptS ' a I e I Iloee p�o,v Md P ate of PEeT LLI iS =J 294 A CM YPU RA11! AWAY IPW,'Ir �-lf� lz �e PROPOSED BRIDGE WIDENING OVER NEWPORT ISLAND CHANNEL _. CITY OF NEWPORT BEX ORANGE COUNTY CALI1 MAR 198Q E E I i { t ENCUSU C -p ` --- —t Grt1 cc C r F-1 G1 i CD q�V�IA��{ _ '+5_T l E ID7m y i M. Mo ilk .�. � � �' f�17 [�l7.,IVe , .Ll .t•uY �/�{ 1 , • -' '� r��.` O Z 2 /✓ !.� Vim N _ / t 9n 3: 0 0 0 � CDma)0z0 m'Timm `Ovm *o w 4m 2 C) 0 r- > z15 us.�nvvm �� = =z 0 > z m z m r all WA va i IA I IN s i m d jZ rn a�°0ZO CO eo m = -e oM c *pm -`�i C =�� 0WCD 1 rMZ� �� a ° N 0-1Z =?Z �� oa z10 z a � r v �i 6 cc� L4 IIIrJ. 01 �t F I� I �y! 0 O Ir I BRtG6c ;; e N b !g ILI �i 6 cc� L4 �T ~ im Z 4'.L_. L _ . _:.- � � i •;= its "- _ no Mom CA n m 0 lot 0 O C)-i m rMZ�`— C) 0 m Z cp > z ® a z O 'n C" r- im Z S/ /c` . .. L � pp d "R 4'.L_. L _ . _:.- � � i •;= its "- _ no S/ /c` . .. L � pp d "R EAJ m v no EAJ m v iL [1 I I ' APPENDIX C ' C.N.B. STANDARD DRAWINGS [] 1] 1/ T.PENCY/ Ate10lW I �jv /SyEO .St/86.2.00E • M/ . %.PENCH .SHEET /N6 o.P .s*'o'e xI I / . Fit 4,,v4q/37z4PBE0 60 /L , TYP ITiPENCH 3f/EET /N6 Ole S.YORiN6, /F USEO I TRENCH WIDTH SHALL BE 0.0.+ 12" MIN., O.D. + 20" MAX., INCLUDING THE THICKNESS OF TRENCH SHORING OR SHEETING. 2 BACKFILL SHALL BE PER STANDARD 5PECIFICA1100 SECTION 306 -1.3, EYCEPT THAT RELATIVE COMPACTION SHALL BE 90 PERCENT MINIMUM. 3 WHEN THE MAX. TRENCH WIDTH IS EXCEEDED, THE CONTRACTOR SHALL SUBMIT TO THE ENGINEER FOR APPROVAL DRAWINGS WITH SUBSTANTIATING ENGINEERING CALCULATIONS FOR THOSE MODIFICATIONS OF PIPE STRENGTH AND /OR BEDDING WHICH WILL PROVIDE AN IN -PLACE FACTOR OF SAFETY EQUIVALENT TO THAT PROVIDED IN THE CONTRACT. 4 BEDDING SHALL BE PER STANDARD SPECIFICATIONS SECTION 306- /.2./, ercEPT 7114T (a) (LASS /00 -E- /00 szzePey, MAYBE SUBST/TUTEO c-ow SHavEO BEOoia6 AT Tiff CONTi?wmAi OvT /ON ANO SOLE EXPENSE. (b) HAUNCH BEDDING SHALL BE HAND TAMPED TO 90% RELATIVE COMPACTION MIN. FOR PVC, RPM, HOPE, AND ALL OTHER FLEXIBLE PIPE INSTALLATIONS, WHEREUPON THE REMAINDER OF BEDDING (ABOVE SPRINGLINE) MAY BE COMPACTED CONCURRENTLY WITH THE 'BACKFILL. 5. TRENCH RESURFACING SHALL BE PER STD- 105-L. 'ery -BB R Y.G•13- CITY OF NEWPORT BEACH DRAWN 6. DATE s PUBLIC WORKS DEPARTMENT APPROVED PIPE BEDDING PUBLIC WORKS DIRECTOR R.E. N0. 12806 DRAWING NO. STD - M -L i MANHOLE FRAME AND COVER 4 C • v I "A.C. WEARING SURFACE TO MATCH 12 "MIN. I EXISTING ASPHALT. 4. ►- u TACK COAT ON CONC. PER STANDARD 4 SPECIFICATIONS SECTION 302 -5.3 PLAN VIEW CONC.,PHALL BE POURED WITH A MINIMUM DISTANCE OF 12 AROUND THE LIP OF THE M.H. RING. 0 ■ milli TACK COAT I "A.C. WEARING SURFACE �. fT MIN. WITH BRICK AND /ORS p CROSS SECTION CITY OF NEWPORT PUBLIC WORKS DEPAP APPROVED CONSTRUCTION NOTE: 1 LOWER MANHOLE TO 6 BELOW SUBGRADE & COVER WITH 4 x 4'x1/2" STEEL PLATE PRIOR TO STREET CONSTRUCTION '217" G /¢/8? Pe DATE I / 9 PUBLIC WORKS DIRECTOR MANHOLE ADJUSTMENT DETAIL R.E. NO.1�8� DRAWING ND. STD. -III - L ti ) i " /F .S/OEfi'gLrY ' AO✓.4CENT CY/R6 /TYPJ rzvrviiivv JR CONG¢ETE A4YEMENT PL,4NE" ✓O /NTH 10N JOINTS KEY 0.3 -se CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT S/GEWALIC DErAILS oEV 9 -2 -.v DRAWN .4.6 M DATE APPROV - i UBLIC WORKS DIRECTOR R.E. NO. L5-la- DRAWING NO. STQ- /BO -L. /O" OR YO ?/E W /O'FOR MAJOR, /O'FOR ✓O /NT MATERML (TYP) PR/iiIOIPY ANO B'FOR h UNLESS OTNERW /SE ANO E5' AM A,P5 SNOWN. � I a t4 Q. Rio" C 41W STREETS UNLESS OTl/E4- OrVL W /SE SAC /FIFO. P� " /F .S/OEfi'gLrY ' AO✓.4CENT CY/R6 /TYPJ rzvrviiivv JR CONG¢ETE A4YEMENT PL,4NE" ✓O /NTH 10N JOINTS KEY 0.3 -se CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT S/GEWALIC DErAILS oEV 9 -2 -.v DRAWN .4.6 M DATE APPROV - i UBLIC WORKS DIRECTOR R.E. NO. L5-la- DRAWING NO. STQ- /BO -L. W /O'FOR MAJOR, /O'FOR Q PR/iiIOIPY ANO B'FOR SECONDARY STREETS UNLESS OTNERW /SE SNOWN. CUPS FACE CAhCRETE 5./0�_ fqE 500 - 3250 CUPB RETURAI 4QE4 /O' NopMACLY HATCH EX /SL S4 �....:. SCOPE �4 JOE�F. FT —s :..:;; ... TYPI CA L SECT /ON gaaKwaY /s OoT /OA/gL ; W/OTN TO QC medSUWEO lowol f FAGS a cClfz6. " /F .S/OEfi'gLrY ' AO✓.4CENT CY/R6 /TYPJ rzvrviiivv JR CONG¢ETE A4YEMENT PL,4NE" ✓O /NTH 10N JOINTS KEY 0.3 -se CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT S/GEWALIC DErAILS oEV 9 -2 -.v DRAWN .4.6 M DATE APPROV - i UBLIC WORKS DIRECTOR R.E. NO. L5-la- DRAWING NO. STQ- /BO -L. ,B•2AC.f'ET A4PM CUT OLF LG/M /Nd /ArGr &joe 70, 400, 160, t00 oP PO0 Ivan GGMO) Avl;-*, ENCGOO.-O Q,L� ®4/�prpQ TYPA' 90LLGBT� O.✓07W f1dRC'T @iC GEGG A Ewe& TaCL CNQPG10dz F4L TEL7E0 OvricG[. DgBEMeLY GNO rrPE 22Z Oi97BiNUr /ON. G• E. M -0160 42 @JrAA0WA eA- A+DIYCB AfMae/L! 000@ 4L1,o1,Vd /OE Cur OFF OPT /CS 4dF eOOQOYEO &4UW4 . •dMC4MA1 QP A&4fC0 CONCtETE .40[c� OQ dPP{70d010 QO[4Q4 AMIERbN CAT Pl/MCO CAT. BRACKET MO//.Vnww HE /6HT 1 R qRM T /GT -C2 -23456 LD 7003 -J Co' 1 � � ' 8' � V 27' -9" 6511, ,B•2AC.f'ET A4PM CUT OLF LG/M /Nd /ArGr &joe 70, 400, 160, t00 oP PO0 Ivan GGMO) Avl;-*, ENCGOO.-O Q,L� ®4/�prpQ TYPA' 90LLGBT� O.✓07W f1dRC'T @iC GEGG A Ewe& TaCL CNQPG10dz F4L TEL7E0 OvricG[. DgBEMeLY GNO rrPE 22Z Oi97BiNUr /ON. G• E. M -0160 42 @JrAA0WA eA- A+DIYCB AfMae/L! 000@ 4L1,o1,Vd /OE Cur OFF OPT /CS 4dF eOOQOYEO &4UW4 . •dMC4MA1 QP A&4fC0 CONCtETE .40[c� OQ dPP{70d010 QO[4Q4 AMIERbN CAT Pl/MCO CAT. BRACKET MO//.Vnww HE /6HT Rote NE/6NT R qRM T /GT -C2 -23456 LD 7003 -J Co' -C3 -t8 ✓8 LD 7004 -,0 8' S° 35'-O" 27' -9" 6511, G 3'-6" NOTGB� 1... �,4cKC —I- dw4f, MOUNT /N6 t POSE NF /6A r6, Ti�T� AMP "A(P &ZC 777QC SMPW& ON P4,4415. 01... 4'• 0- 01A. C/*r41LdC FDUNgcr /ON Ad BE USEG /N Ft dC4r Q�, 3' • & " FOUNOGT/ON. -q... BG 8Eti BNoze Ql ,0000EO /a 4"GIE4 OW 9/OEIYdL& 60dOE. 4... 7We d ?Ep 04 OUNO d4d .,Tp vOepOB .9vp[ L 66 FOBn►60 GNO 40OU0E0 Wd 7oV 6e046c7 727 EXreAIO 6" ON EdCf/ 84OE ONO bfOCr OF fire VOOPO GNO 449VAr BDCE OF C6FZ149 7V FONT OF Brd"OpE'O. GOO!/T 4?,44d4e 9E AGMOE4 FPON 710 P OF B d 9E 70 B40er'ec r GBOOE. -DOO,P ODE4 /N6 FOR ? -4 Paz e- 8 12,6 -ep - 12ho,01,4 BC. FOQ -� Z3=/ "POtE. a v.PO✓ 3il'A60I4E d �OV of FOUyoATiov -, ef-Ze 4T /O/V CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIGHTING STANDARD TYPE lY BASE DETA /L PFVZ6 &5 eev. a /I ae DRAWN K•o- DATE APPROVED 4 j PUBLIC WORKS DIRECTOR R.E. NO. 12806 DRAWING NO. STD-203 -L Sl Aeoors P.e00. A149 3,'12 P!/LG BOX ae Ept1,#z M9.P"P 3ie4rlr L /Aowr h' 14// /1OLTW4E'� /%s "Q1 �� CLdt/L�I/ /T AY /Tif� x J N W W cr h CE 6RWIVD ROD I C�lea IC4eE TYP /CAL PULL BOX "ogy1",o AT EACH L16117 SMAIVACO Af 46E ,I LAYERS OF 9M ELECT. TgPE No. Z3 f 9 LAyE,Ps o� rooE Na BB oe E4va[ --- CITY SECT /OiV A -A F!/,SE HQCOf..F' /N B.IfE OF „ I-P"e re-ow 0`11,B R TYP /CAL FUSEf,�OLDEP PULL BOX a FUSEHOLDER DETAILS REV G -ZZ -B2 DRAWN DATE I/Fr APPROVED i PUBLIC WORKS DIRECTOR R.E. NO. /2806 DRAVANG NO. STD -205 -L 1 A LI 1 I I 1 I A4'i[•Mf4L. GLTBF At 2. Oro 300-1-17A? 30 / -L Quts AN6LE /NGET -_:� SECTION A -A CLiPG FidLE c-riry ..urci �ierc.iuerr. 2 L 2 I � I I or I 1 Mf47CH ,l422Yi4L STQEET PLAN LOCAL DEPRESSION 1.--- "N "DEPT//AVV 44e 6tVAZ'6 /$ 3 =0 "•U.a/LG'SS OTNEQH' /SC FG7P "[ " W4lL , TX//CC.UESS SEE 7da�z CW I.U�Lr P[d.V. 3 - _ _ HE /F6 v7 4i� C!/E+G xf, /✓ /LL k.WC N 1711 THE TrOE AF 0" GP�7EL� 7iV4.1! C A'O Ft1GE. 61- 6&YZ& d, j�5 � /.(!/�T ./.I�YVN a/ 510 -300 -L O.tv 30/ -. 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B• _ _ _EAC'�T V .f�.a[.�TS U.SL�O dS c1=C7/0e/ J,YE$ QI$/.(/ .SLLL7E�5 $4i1LL AwAol d M/NiMUA .ai�JO� Q4' /P: 9 F(iWl DILL OiL3i�T,C1l /S 366✓ O eZ,7 7 OIA-L- 9 _ _ _ 64L Y4N /ZIA16 : ACL EXGOSEO METAL T4,4LL 49E //OT O/P 6 0!114 ✓ /IEO /JFTEQ F,4"ll-wr /O /0 __- OUTLET G1AW SMALL BF TA?/A ~M D TO TA/E 41NAL -'W,4PE �-FOPE CITE 15 Ft:YJ 06E0 P1'C'E - -- OCAN BE P/N 4NY WALL. THE F OR 6W.441- NL ETS 5N4L BE O / YEN A 6TEEL -T.20YEL Fyy(yy//1 / /1 --- 9TANLW.PO QdW:YNi7 LCACTN9 (LJ ,fIPE ,5=U J /O, /4 A.vO 2/FEE7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LOCAL DEPRESSION DETAIL e INLET GENERAL NOTES ,PEY 6-22 -CZ .PEI' / -24 -90 .?6. 'ArY fl -2-.PS DRAWN O'L DATE WORKS DIRE R.E. NO. DRAWING NO. STD. 304 -1- -70 VERTICAL SECTION OF REINFORCED CONCRETE ECCENTRIC MANHOLE SHAFT wini Alo /4 4 -s. aw. a44GE VERTICAL SECTION OF PLAIN CONCRETE 'ENTRIC MANHOLE SHAFT /VOTES r /. ALL ✓O/NTS SHALL BE F/LLEO W /TN / -2 C44S9 0 A,( RMoe 0159 NEATLY POINTED 6W W/PEO LDV AVS /OE aL SHAFT. 1 MANHOLE FRAME ANO CODER PER STD. -112 -L WITH LETTER `D'"1N CENTER OF COVER, SURFACE OF LETTER 5HA1L BE FGUSN NI /TN F/N /SHED SURFACE .OF COI/ER. °!. 1plPES511RE 'wwwOLE FRAME /FOYER SHALL 8E W114AIBRA 4,011NORY A -1400 OR APPROVED EOUAL, wih, LETTER `O" 1N CENTER OF COYER, SURFACE OF LETTER FLUSH WITH F1N1$NEO SAteeOCE OF CoVEA: 4 ECCENTRIC AftVIMS SHAFT REDUCER, ANO .P1.V65 MAY BE PLA /N CONCRETE, FOR &MeelNFORCEO SECTIONS, Tf1E MINIMUM T•Y /eA&eS5 Stio[L BE G/NCNES $. TOP STEP ",OZZ Af PLACED 01REC7ZY ,BENEATH THE MANHOLE COYER FRAME EXCEPT WHERE 5NOPVN 49THERH/15E, SPACING OF 5TEP5 1N SHAFT SHALL SE /2 /NCHE5 ON CENTER. See STO.-404-L . Rf✓2 //d REV 6 -13.6, eGbOTEO F201W C .4. C.F. 6-. O. '.S 870. d9-4V&. </o -04' 27 CITY OF NEWPORT BEACH I DRAW" !L DATE 3 -/ -73 PUBLIC WORKS DEPARTMENT I APPROVk , !1 /-j - PUBLIC WORKS DIREM�7D�o., R.E. NO.:.1`�, DRAWING NO. STA -eO9 -L �u.Racesed.�G 6 , � COV a.C. .: T�wnffA_ ell" 7 J ' . �saaivgLF.ar. °:!:�: b'2 JiEBdi�3.JE3470. 14 2Q..V[6, 7AWp a. V N a STEOS 45 PER Y i \i - - -- :1, T BG °�KIdG MN. PG.i Q �� dNY SJ.dA'OOPO O/OC A, 5 "YP "fi'DE.�C/' VERTICAL SECTION OF REINFORCED CONCRETE ECCENTRIC MANHOLE SHAFT wini Alo /4 4 -s. aw. a44GE VERTICAL SECTION OF PLAIN CONCRETE 'ENTRIC MANHOLE SHAFT /VOTES r /. ALL ✓O/NTS SHALL BE F/LLEO W /TN / -2 C44S9 0 A,( RMoe 0159 NEATLY POINTED 6W W/PEO LDV AVS /OE aL SHAFT. 1 MANHOLE FRAME ANO CODER PER STD. -112 -L WITH LETTER `D'"1N CENTER OF COVER, SURFACE OF LETTER 5HA1L BE FGUSN NI /TN F/N /SHED SURFACE .OF COI/ER. °!. 1plPES511RE 'wwwOLE FRAME /FOYER SHALL 8E W114AIBRA 4,011NORY A -1400 OR APPROVED EOUAL, wih, LETTER `O" 1N CENTER OF COYER, SURFACE OF LETTER FLUSH WITH F1N1$NEO SAteeOCE OF CoVEA: 4 ECCENTRIC AftVIMS SHAFT REDUCER, ANO .P1.V65 MAY BE PLA /N CONCRETE, FOR &MeelNFORCEO SECTIONS, Tf1E MINIMUM T•Y /eA&eS5 Stio[L BE G/NCNES $. TOP STEP ",OZZ Af PLACED 01REC7ZY ,BENEATH THE MANHOLE COYER FRAME EXCEPT WHERE 5NOPVN 49THERH/15E, SPACING OF 5TEP5 1N SHAFT SHALL SE /2 /NCHE5 ON CENTER. See STO.-404-L . Rf✓2 //d REV 6 -13.6, eGbOTEO F201W C .4. C.F. 6-. O. '.S 870. d9-4V&. </o -04' 27 CITY OF NEWPORT BEACH I DRAW" !L DATE 3 -/ -73 PUBLIC WORKS DEPARTMENT I APPROVk , !1 /-j - PUBLIC WORKS DIREM�7D�o., R.E. NO.:.1`�, DRAWING NO. STA -eO9 -L I 1 II 11 Ii I I II OF I- -r- i 4" I 1 II 11 Ii I I II OF I- -r- /, O' 4" 74" /.O' G' 3G" 75 r _ B" �l 44GM,2 v c 1YG I ! \ 1 NEW OR o � r c e. n CIRCULAR T /E5 NOTES ,! 4 CONCRETE COLL4Q /S QElrl.'//REO W419,2E T!/E COINCL /N GR40E EXCE EGS O. /O,c/ FET< FT 2. XXAF,PE OF O/FFEQENT D/AMETEAPS 4RF ✓O /NEO W /TL/ A CON QETE COX C4R; ! L 4N0 T 54/.446 BE T/J05E OF rmJ Ld,PGER P /DE. 0= D, OF7 02 W!J/C.VEt E2 /5 GREATER . FC 3 FOR 01PE5 LdRGER TIJAN 66" A SPEC /.4L COLCAR OETA /L /5 REpU/REU { 4. FOR P /PE S 12E NOT L/57E0 6j55'-- NEXT r�/2E LARGER. !7 5. OMIT REINFORCING ON P /PE5 24114NO LE55 /N O/4ME7ER ANO ON ALL P /FE'S w41,5vE F 4N67LE A /S LES5 TN4N /O." 6. (NNERE RE/NFORG/NG /'S REQU /REO Tl/E DIAMETER CF TIDE C /Rl. UL 4R TiES SHALL BE D t (2 x WALL TN/ NE55) 7 W11EN D/ /5 EQUAL TO OR 4655 74I4N 02, ✓O /N /N✓ERTS 4N0 WIDEN Cl /5 GREATER TNAAV 02, JO /N S0FF 1T5. 3. 01rC MAY BE CORRUGATED MET4C P/O CONCRETE 47/RE OR ,OE/NFCIC :Et: CONCRETE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONCRETE 40/PE COLLAQ FOR PIPE'S 12" rAWI-1 66" RE✓ 6-Z3-B RE!! R -2 -7G DRAWN 4./A4• DATE APPROVED-\ __ (-\ P�BLIC WORKS DIRECTOR I R.E. NO.q -52�.� DRAWING NO. STD. -313 -L L 03 tie bars 012" O.C. :W 6� _ S _ ,5.0 a OPTIONAL KEY — CONSTRUCTION JOINTS _T SECTION D -D J "Borst see STD.320 -1- for spacing ///////44 20' _ TOP OF CURB TRANSITION FLOW LINE E F �1 / 6 �j ALHAMBRA FOUNDRY A-227 CLEAN OUT FRAME B COVER WITH APPROVED LOCKING DEVICE OR EQUAL. TOE OF SLOPE TOP OF CURB E FEE STATION AS SHOWN ON PLANS PLAN NOTES STEEL ANGLE 1. Use Parkway Culvert -Type "A" when inlet velocities will be IOf.ps. or greater. 2. See Std. -320 -L for details and notes. ` 3. Span "S" and height of opening and 4_J4 curb face at culvert shall be noted on plans. 4. See Std -320-L for steel list. IB' MAX. DIAMETER] PIPE I PIPE PER IMPROVEMENT OR 20' —"ETC. PROFILE AS SHOWN ON PLANS �— PROFILE R/W SIDEWALK FINISH SECTION E -E -s (CASE II INLET) SIDEWALK FINISH H � 4 MIN, E I /4" PER FOOT Galy. Steel Angle GRADING PLAN SLOPE I /4��PER FOOT � SECTION F -F (CASE I INLET) Rev-6-24-82 R.G. CITY OF NEWPORT BEACH DRAWN R. G. DATE 12/79 PUBLIC WORKS DEPARTMENT APPROVED PARKWAY CULVERT PUBLIC WORKS DIRECT R R. E. NO. /?806 TYPE It It DRAWING NO. STD. -317 -L �I it u I I I I 11 I I II STEEL LI S B GALVANIZED STEEL ANGLE ANCHORS REQUIRED J -BAR SPACING LENGTH 1' - 0' 3" „ „ 21/2 x 2" x � e 2 7 1 - 91 -6 nE 2. -3„ 2 -0„ 2 -9., 2 6.. „ 3 -3 3' 6., 6.. 4'- 3" 4-6 ' 4� „ 3%z x g "x 1/2 ,� �� �� 61/z 5' _ 3„ 51-0 11 „ 5'• 5'- 9„ 6' -0.. „ 3V' 6,_9„ # 3 tie bars at 12 O.C. t0 m � J �? ', bar; see _ FOUNDy SSEE .a steel list y SHAN J_ y 1 DETAIL OF ANCHOR 6" B° (SEE NOTE 5 8 7 ) i NOTES: OUTLET DETAIL I. FLOOR OF BOX TO BE TROWELED SMOOTH. 2. WHEN THE TOE OF SLOPE IS WITHIN THE R /W, INLET TYPE I BEGINS AT THE TOE RATHER THAN AT THE R/W LINE. 3 FOR OPEN DITCH APPROACH (TYPE II I THE 2- EXTENSION IS NOT REQUIRED WHEN THE BACK OF WALK IS 2 OR MORE FROM THE R/W LINE. 4. TOP OF INLET STRUCTURE (TYPE 1 811) TO BE FLUSH WITH ADJACENT SURFACE WHERE PRACTICABLE. 5. A HEADED STEEL STUD 5/8 "x 6 -3/8" WITH MEAD D =l" ATTACHED BY A FULL PENETRATION BUTT WELD MAY BE USED AS AN ALTERNATE ANCHOR. 6. NORMAL CURB FACE AT POINT M AND Q, B+5" AT POINT N AND R T. THE 3" LEG OF INTERIOR ANCHORS AND 10" SHANK OF ALL ANCHORS SHALL BE PARALLEL TO THE TOP OF SIDEWALK. S. SPAN "S" AND HEIGHT OF OPENING AND CURB FACE AT CULVERT SHALL BE NOTED ON PLANS. 9. All EXPOSED METAL SHALL BE GALVANIZED AFTER FABRICATION. 10. HEIGHT OF CURB OPENING FOR TYPES A 8 B PARKWAY CULVERTS WILL VARY WITH TYPE OF CURB It. REINFORCING STEEL SHALL BE I" CLEAR TO INSIDE OF CULVERT UNLESS OTHERWISE SHOWN. CITY OF N BEACH PARKWAY CULVERT STEEL LIST, DETAILS a N MIMIM R.G. DATE 6130152 ArMloveo /0 49, h D "-w-1c w011KQ INRRE+ICM _ R.E. N0. 6 DRMYIN9 No. STD. -320- L c3 ANCHOR BLOCK DIMENSIONS L =H =W IN FT. FITTING d SIZE 22'/x° BENDS 450 BENDS VALVES 4" 1.9 2.4 1.5 6- 2.5 3,1 8 3.1 3.8 2.5 10° 3.5 4.4 3.0 12° 4.0 5.0 3.5 14 4.4 5.5 4.0 I6' 5.0 6.0 4 18" 5.3 6.5 5.0 C.I. FITTING WATER MAIN 3/8° FELT L SEPARATOR 1/2° DIA. REINFQRCING STEEL WITH 4 s COVER AT HOOKS WATER I' �' ► MAIN e p ,,' I . ., � �.I '' NM CONCRETE' ° I3�F --'I� n N J L _. r'; i BOTTOM OF TRENCH \` ELEVATION ELEVATION SECTION VERTICAL BEND ANCHORS I VALVE ANCHORS 1 WATER MAIN PRESSURE TESTS SHALL BE PERFORMED SUBSEQUENT TO THE CURING REQUIRED IN FOOTNOTE I OF THE CONCRETE CLASS USE TABLE, STANDARD SPECIFICATIONS, SECTION 201 - 1.12. 2 ANCHOR BLOCKS, WHERE REQUIRED, SHALL BE POURED AGAINST UN- DISTURBED SOIL, BACKFILL COMPACTED TO 100% RELATIVE COMPAC- TION OR CLASS 100 E100 SLURRY. 3 DIMENSIONS L, H & W ARE COMPUTED FOR TEST PRESSURES OF 225 PSI IN FORCE MAINS LAID IN SANDY SILT WITH AT LEAST 3 FEET OF COVER, 4 DIMENSIONS L, H & W SHALL BE APPROVED BY THE ENGINEER FOR THOSE WATER MAINS WHICH (A) ARE NOT POURED AGAINST UNDISTURBED SOIL, COMPACTED BACKFILL OR SLURRY, (B) WILL BE TESTED TO MORE THAN 225 PSI, OR (C) ARE NOT REPRESENTED BY A FITTING OR SIZE SHOWN HEREON, 5 JOINT FASTENERS SHALL NOT BE EMBEDDED IN CONCRETE. 6. PORTIONS OF REINF ^I' 1NG S;LE! Nu` i'.NDEDDED IN CONCRETE SHALL BE COATED WITH HCiT :.:. '.:NVIP4 h0 -IP GALVAN'.7'NG OR COLD APPLIED BITUMASTIC MAiL;C: 7. NO ANCHOR er r;l F;)F 1',.LJFS TN WATER NAINS REV LESS THAN 8 I REY.rw -e2 CITY OF NEWPORT BEACH DRAW" R G DATE 4/80 PUBLIC WORKS DEPARTMENT APPROVED j /,J I/ Q ANCHOR BLOCK DETAILS PUBLIC WORKS DRAWING NO.' I U- .7ut)- TEE DEAD END %s REND 90'BENAO 4-f A MW- ZZY; BEND TYP /C.4L .�cT494C Terri TH.PL/3T ,BLOC,t'S I. FORCE MAIN PRESSURE TESTS SHALL BE PREFORMED IN ACCORDANCE WITH CURING REQUIREMENTS SPECIFIED IN FOOTNOTE * TO THE CONCRETE CLASS USE TABLE OF THE STANDARD SPECIFICATIONS. 2. THRUST BLOCKS SHALL BEAR AGAINST UNDISTURBED SOIL, BACKFILL COMPACTED TO 100`Yo RELATIVE COMPACTION, OR CLASS 100 E 100 SLURRY. 3 BEARING AREAS LxH ARE COMPUTED FOR TEST PRESSURES OF 225 PSA IN FORCE MAINS LAID IN GOOD SOIL WITH AT LEAST 3FEET OF COVER. 4. BEARING AREAS LxH SHALL BE APPROVED BY THE ENGINEER FOR THOSE FORCE MAINS WHICH a.) BEAR AGAINST POOR SOIL, b.) WILL HAVE LESS THAN 3FEET OF COVER, C.) WILL BE TESTED TO MORE THAN 225 PS.I. OR d.) ARE NOT REPRESENTED BY A FITTING OR SIZE SHOWN HEREON. THRUST BLOCK BEARING AREA LxH INS . FT. FITTING 9 SIZE TEE OR DAD END 45° LATERAL 900 BEND 450 BEND 22%2° BEND II%! BEND 4 2.0 1.4 2.9 1.6 0.8 1.6 0.4 6 4.2 3.0 5.9 3.2 0.8 8 7.2 5.1 10.2 5.5 2.8 1.4 10 10.9 7.7 15.4 8.3 42 2.1 12 15.4 10.9 21.8 lI.B 6.0 3.0 14 20.7 14.6 29.3 15.8 8.1 4.1 16 26.7 18.9 37.8 20.5 10.4 5.2 18 33.6 23.4 47.5 25.7 13.1 6.6 FITTING THRUST REF. CIPRA HANDBOOK C THRUST BLOCKS. REV 4 4 815 .Vev 7 -/9-do, G. DATE 4 APPROVED PUBLIC WORKS DIRECTOR R.E. NO. JEM26 DRAWING N0. STD, - 510 - L SECTION PLAN CITY OF NEWPORT BEAC PUBLIC WORKS DEPARTMENT PARKING METER POST INSTALLATION I 60 Penny Noll or *3x6 "1ong Reber `a Detail "A" Parking Meter Post Requirements Size -Intbes Lbs /Lin. Ft. 2. 3.65 APPROVED REV 3 -2 -88 REV 7 -21.82 REV 3- 1.82 WORKS DRAWING NO. STD. -912 -L I 1 I 1 1 1 1 1 1 i I Iu Iu A APPENDIX D COUNTY OF ORANGE HEALTH CARE AGENCY GUIDELINES FOR THE REMOVAL OF AN ' UNDERGROUND STORAGE TANK 1 1 1 1 i I Iu Iu A 1 i I i I I 1 r-1 L i I !' I i II L_ i County of Orange HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH DIVISION 1725 W. '17TH STREET SANTA ANA. CALIFORNIA 92706 (714) 931-9356 GUIDELINES FOR THE REMOVAL OF AN TOM URAM Dr1 WTOR L. REx EHL11D, ILD. HEALTH CPPCM ENVN OPIMIL TAL NEALTI Dmnou RODERT E MERRYMAM R. i MR DEEM DElCTOPI MAk1W ADDRESS P O BOX 355 SANTA ANA. OA 93701 N. STORAGE TANK A Facility Modification Application must be submitted to Environmental Health Division before any underground storage tank and /or product lines may be legally closed. Applications may be obtained in person, or by calling Environmental Health Division at (714) 834 -8174. 1. Applicant submits Facility Modification Application, four sets of plans and closure fee to Environmental Health Division at the above address. Plans must include: a. Site location and plot plan identifying existing structures, utilities, and underground storage tanks. b. The size of the existing underground storage tanks and the types of hazardous materials or waste which have been stored in the tanks. c. A statement regarding the intended disposition of the underground storage tanks being removed. The underground tank shall be properly disposed of. Appropriate documentation shall be forwarded to Environmental Health Division for verification. If the tank is destined for reuse, the nature of the reuse as well as future owner and location of such shall be transmitted to Environmental Health Division. 2. Applicant must apply for closure and /or excavation permit(s) from city or County Fire Department, city or County Building Department, and the South Coast Air Quality Management District (AOMD) (if applicable) for their approval. 3. Applicant must provide 48 hours notice to Environmental Health Division and city or County Fire Department for an on -site inspection of the tank removal. 4. Owners of underground storage tanks proposing to remove the underground tank shall comply with applicable provisions of Chapter 6.7 Division 20, of the Health and Safety Code and the following: a. All residual liquid, solids, or sludges from the underground storage tank and /or product lines shall be removed and disposed of as hazardous waste. A copy of all uniform hazardous waste manifests used for the disposal shall be forwarded to Environmental Health Division. sampling. Based on field observations and investigation, a site mitigation proposal for remediation may be required. ' 6. The owner of the underground storage tank must provide a minimum of six clean 8 oz. glass sample jars, with lids and seals. The tank owner must also provide a cooler . or ice chest with ice in order to chill the jars immediately after sampling. It is the tank owner's ' responsibility to arrange for a State Certified Laboratory to analyze the samples. The tank owner must also arrange to have the samples transported to the laboratory immediately after sampling. A written ' report of the analytical results, attached to the white copy of the Chain of Custody Form, must be mailed by the laboratory to Environmental Health Division. 5. The owner of the underground storage tank shall demonstrate to the ' Guidelines For The of Environmental Health Division that no significant Removal Of An Jnderground Storage lank Cont. Page 2 of 2 minimum, by collecting soil removed underground tank(s) b. The underground tank and /or product lines shall be purged to ' render a safe, nonexplosive atmosphere. (Note: A representative Health Division staff must be on -site to direct this from the appropriate fire department must be present prior to ' initiating this procedure.) PUBLIC HEALTH ' ENNRONMENTAL HEALTH ' c. All piping associated with the underground storage tank shall be HAZARDOUS WASTE SPECIALIST removed and disposed of unless removal might damage structures or RD BOX 35S (714 J 634- 83155 other pipes that are being used and that are contained in a common trench, in which case the piping to be closgd shall be emptied of all contents and capped. sampling. Based on field observations and investigation, a site mitigation proposal for remediation may be required. ' 6. The owner of the underground storage tank must provide a minimum of six clean 8 oz. glass sample jars, with lids and seals. The tank owner must also provide a cooler . or ice chest with ice in order to chill the jars immediately after sampling. It is the tank owner's ' responsibility to arrange for a State Certified Laboratory to analyze the samples. The tank owner must also arrange to have the samples transported to the laboratory immediately after sampling. A written ' report of the analytical results, attached to the white copy of the Chain of Custody Form, must be mailed by the laboratory to Environmental Health Division. 5. The owner of the underground storage tank shall demonstrate to the ' satisfaction of Environmental Health Division that no significant soil contamination has occurred. This shall be achieved at a ' minimum, by collecting soil removed underground tank(s) samples from the excavation of the and /or product lines and having them analyzed for the stored hazardous substance and its constituents. requirements. If you have any questions or need additional information, Environmental Health Division staff must be on -site to direct this sampling. Based on field observations and investigation, a site mitigation proposal for remediation may be required. ' 6. The owner of the underground storage tank must provide a minimum of six clean 8 oz. glass sample jars, with lids and seals. The tank owner must also provide a cooler . or ice chest with ice in order to chill the jars immediately after sampling. It is the tank owner's ' responsibility to arrange for a State Certified Laboratory to analyze the samples. The tank owner must also arrange to have the samples transported to the laboratory immediately after sampling. A written ' report of the analytical results, attached to the white copy of the Chain of Custody Form, must be mailed by the laboratory to Environmental Health Division. 7. Soil samples collected beneath tanks and /or pipelines containing diesel or gasoline must be analyzed for total petroleum hydrocarbons (TPH) using the California Department of Health Services TPH Method (specify if for gasoline, diesel or both) and E.P.A. 8020 for benzene, toulene, ethylbenzene and xylene. Waste oil contaminated soil samples shall be analyzed for total petroleum hydrocarbons (E.P.A. 418.1). Other analysis may be required by this Division. The closure is completed only after successful compliance with the above requirements. If you have any questions or need additional information, please contact the Underground Tank Program at (714) 834 -8174. GFTROAUST REV:06 /10/89 ' HEALTH CARE AGENCY PUBLIC HEALTH ENNRONMENTAL HEALTH ' KEVIN 0. BAITX HAZARDOUS WASTE SPECIALIST MAILING ADDRESS' RD BOX 35S (714 J 634- 83155 SANTA ANA. CALIFORNIA 92702 8:00 A.M. TO 9:30 A.M. I ' APPENDIX E NEWPORT BEACH FIRE DEPARTMENT GUIDELINES FOR REMOVAL OF UNDERGROUND TANKS STORING FLAMMABLE AND COMBUSTIBLE LIQUIDS �l V� I I 11 1 L JI I NEWPORT BEACH FIRE DEPARTMENT- FIRE PREVENTION BUREAU ' 3300 NEWPORT BLVD. - (724) 644 -3106 GUIDELINES FOR REMOVAL OF UNDERGROUND TANKS STORING FLAMMABLE AND COMBUSTIBLE LIQUIDS AUTHORITY The Uniform Fire Code, Sections 79.114(A) through (F), governs the removal of underground tanks which store flammable and combustible liquids. A Fire Department-Permit is required to take a tank temporarily out of service or to remove the tank from the property. PERMANENT CLOSURE Any underground tank out of service for one year shall be removed from the ground and the hole properly filled. 1. The following sequence is required to ensure a prompt and successful removal inspection. ' - Upon receipt of approved plans from County of Orange Environmental Health, a contractor or tank owner shall forward 3 sets of plans to Newport Beach Building Department. - After approval by the Building Department and Grading Engineer, forward 2 sets of plans to the Newport Beach Fire Department - Prior to approval by this department, an inspection, /plan check ' fee of $50.00 per tank must be paid to the City of Newport Beach. ' - One set of approved plans will be available for contractor pick -up at the Building Department. 2. Contact the NBFD at least 48 hours prior to removal of underground storage tank to arrange for an inspection. 3. No onsite work shall be initiated until all necessary permits have been obtained and are in evidence at the site. GENERAL SAFETY REQUIREMENTS It shall be the responsibility of the tank owner and tank removal ' company (contractor) to adhere to the following: 1. On flammable /combustible tank removals a minimum of two (2) 4A- 60BC rated or larger fire extinguishers are to be on hand at the lob ' site. They are to be readily accessible and remotely spaced apart from each other. (Not on contractors vehicle.) 2. Prior to large equipment moving to the tank location, observe ' ingress and egress including any overhead wiring and other possible obstructions relative to the safety of persons and equipment. [1 TANKREM.GDL PAGE 1 OF 4 8/89 11 I NEWPORT BEACH FIRE DEPARTMENT- FIRE PREVENTION BUREAU 3300 NEWPORT BLVD. - (714) 644 -3106 TANKREM.GDL PAGE 2 OF 4 8/89 3. The area around the tank site and excavation shall be barricaded ' against the entrance of unauthorized persons. Locate underground and above ground utilities before excavating, especially high voltage and electrical lines. ' 4. Remove all sources of ignition from the site. No cutting torch, open flame or spark producing equipment shall be used on tanks or piping. Smoking shall be prohibited on the site. PRODUCT REMOVAL 1. Prior to disconnecting piping, assure that product left in dispensing and vapor lines is drained back to the tank. Cap all unused openings. 2. Remove all plumbing, using wrenches only. No sawing, cutting or knocking off of plumbing by heavy equipment will be allowed. Close all open holes with a threaded steel or tight- fitting wooden plug. Leave one 4" opening unpluged. 3. Remove all possible product from the tank, at least 24 hours ' prior to starting any work, by means of a pump with suction resting on the bottom of the tank. All product shall be properly disposed of as a hazardous waste or legally stored for future use. ' 4. Triple rinsing of the tank should be done PRIOR TO INERTINC THE TANK. Begin waterblasting the tank interior using a minimum of 2000 psi of water, and detergent if necessary. Pump with suction resting on the bottom of the tank until suction is lost. Loose scale. ' sludge and rinse water are removed and deposited in the vacuum X truck. When the sludge and other debris has been removed, and the LEL reading is 0 %, the washing may cease. Properly dispose of sludge and water as hazardous waste; retain receipt from licensed waste disposal company for inspection by the Fire Department and;cr Health Department. (WASTE OIL TANKS) S. If the tanks are empty of petroleum products, but do contain petroleum refuse, the refuse must be removed by a method approved by the Fire Department and transported by an approved vehicle to an approved dumping site. (i.e., service station waste oil tanks). 6. If combustible gas readings are less than 10% of LEL sludge may be removed from a waste oil tank. Should there be no installed ' manhole in the tank, a pneumatic cold cutting tool may be used to cut a manhole at the appropriate location. Use only beryllium or approved nonsparking tools (no cutting torch). The minimum sized hole will be 24 "x24 ". Confined space safety procedures shall be ' followed. Continuous air purging may be necessary. TANKREM.GDL PAGE 2 OF 4 8/89 NEWPORT BEACH FIRE DEPARTMENT- FIRE PREVENTION BUREAU 3300 NEWPORT BLVD. - (714) 644 -3106 EXCAVATION 1. Contractor shall be responsible to measure combustible gas readings during excavation, prior to purging, prior to tank removal and at regular intervals. (Immediately whenever explosive concentrations are believed encountered.) Accurate records reflecting date, time, area of sample and concentration readings are to be made available to any Fire Department member upon request. 2. Whenever combustible gas readings of 20% or higher of LEL are detected, excavation is to cease immediately and the Fire Department is to be notified. Excavation shall not proceed until atmosphere reaches safe levels. 3. Prudent judgment and safe practice shall be exercised at all times. ' 4. Continuous supervision must be maintained during all operations. 5. Keep all personnel away from perimeter of excavation. Standing on asphalt around excavation is unsafe due to cave -in of sides, ' undermining the asphalt. PURGING THE TANK. 1. All tanks shall be checked for flammability. Use a combustible gas indicator and log the time and LEL (lower explosion limit) on job paperwork. Whenever combustible gas reading of 20% or higher of LEL are detected, excavation is to cease immediately and the tank. -'s to be repurged. 2. Prior to any further excavation or removal, the tank atmosphere shall be rendered safe by the following methods: a. Dry Ice Method For each 1,000 gallons of tank capacity, 20 pounds of dry ice are required, 10 lbs. placed in the tan:: the day BEFORE removal and 10 lbs the day of removal (therefore rinsing must be completed prior to purging) . Plug all openings in the tank except the vent. Allow the tank to remain in the ground for 16 hours or overnight to allow time for the dry ice to vaporize. Retain receipts for purchase of ' dry ice for inspection by the Fire Department. b. Other methods of purging will be considered by the Fire Prevention Bureau upon presentation by the contractor. Only those methods deemed equally as safe as the above will be approved (i.e. compressed Nitrogen is not recommended because it causes static electricity). 3. Repeat the purging process until an atmosphere of l0% LEL or less is obtained. 4. When vapors cease to be forcibly emitted from the openings, such openings will be closed off with a loose - fitting plug. ' TANKREM.GDL PAGE 3 2/89 I I NEWPORT BEACH FIRE DEPARTMENT- FIRE PREVENTION BUREAU 3300 NEWPORT BLVD. - (714) 644 -3106 TANK REMOVAL 1. It is necessary that the vapors be purged prior to arrival. of the fire inspector. Each tank will be allotted a maximum of 1 hour for removal and loadings for transport. 2. The tank shall be lifted from the hole with a crane capable of lifting the tank onto the truck in one oneration. Sliding of tanks on asphalt or cement will not Be allowed at any time. 3. The tank must be secured onto the truck with approved securing devices and removed from the city limits immediately after removal. 4. In the event a tank cannot be removed from the hole by the end of the working day, a layer of dirt 2 feet deep must be placed on tap of the tank until the next working day. At no time will a tang_ ' be left uncovered overnight. 5. The Underwriters Laboratory (U.L.) Number of each tan}_ shall be noted and copy of same sent to the Fire Department, Attention: Fire ' Marshal, or given to the fire inspector on -site. 6. Should additional soil, dirt or hazardous debris require removal, it shall be done in a safe manner, manifested, transported in certified containers and receipted at the appropriate facility. 7. Remove any free floating product from the excavation immediately. Product or mixture of the product and water shall not be drained into any street, highway, drainage canal or ditch, storm drain, ' sewer or flood- control channel, lake or tidal waterway, or upon the ground. RESTORATION AND OR SECURING OF EXCAVATION SITE 1. When underground storage tanks are removed from the ground the excavation site shall be left in one of the following corditics: ' A. The hole backfilled with either excavated soil (if not contaminated) or clean soil. B. The site will be temporarily secured by a fence at least 6' in height. C. The site will be barricaded to the Fire Department's approval. D. The permittee will assign a guard to provide security until completion of permit requirements. 2. Failure to comply with the above requirements shall result in the permit being revoked. If you have any questions regarding these procedures you may contact the Newport Beach Fire Department at (714) 644 -3106. TANKREM.GDL PAGE 4 2/89 I I 1 F n APPENDIX F CALTRANS ENCROACHMENT PERMIT ISSUED TO CITY OF NEWPORT BEACH V CITY OF NEWPORT BEACH NEWPORT BOULEVARD WIDENING CONTRACT NO. C -2642 NOTICE TO BIDDERS: Bidders shall propose to complete Contract No. C -2642 in accordance with the Plans, Proposal, Contract Documents and Special Provisions as modified by this ADDENDUM NO. 1. Bids for this project are to be opened August 28, 1990. The following changes are hereby made to the Proposal, Special Provisions and Plans: 1. Proposal The proposal form is hereby replaced with the attached revised proposal form. The changes or revisions include: a) Item 71: Change Code Number to 193003 and change description to Structure Backfill (Bridge). b) Item 72: Change description to Structure Backfill (Retaining Wall). c) Item 74: Delete specialty item designation. d) Item 75: Add designation as specialty item and delete designation as final pay item. e) Item 76: Change code to 510051. f) Item 77: Increase quantity to 472 CY. g) Item 81: Increase quantity to 182 LF. h) Item 88: Increase quantity to 103,276 LB. i) Item 91: Delete designation as specialty item, add designation as final pay item. J) Item 92: Delete designation as specialty item. k) Item 101: Change item description and quantity as follows: 101B 519007: Neoprene Pad ( 1/4" X 1211); LF 30. 87260Specs - Add. No.l Page 1 of 7 8/14/90 i I 1) item 107: Add "Remove end steel diaphragm and exterior bearings per Supplemental Plan Sheet No. 124, Lump Sum. 2. Special Provisions A. Section 4 Complete improvements to detour vehicle, bicycle and pedestrian traffic necessary to begin bridge construction. - 30 working days 1 Parking Bays on 32nd Street - 30 working days F. Section 10 -1.11 "Maintaining Traffic" Delete the word "opening" from fourth paragraph and amend to read: No falsework will be allowed in Spans 1, 2, 3 and 4. G. Section 10 -1.17 "Temporary Railing" Add the following paragraph before last paragraph of section: The contract lump sum price paid for Temporary Crash Cushion and Temporary K -Rail shall include full compensation for furnishing all labor, materials (including sand, pallets, and Type P marker panels), tools, equipment and incidentals, and for doing all work involved in installing, moving, maintaining and removing the temporary K -Rail and temporary crash 1 87260Specs - Add. No.l Page 2 of 7 8/].4/90 Change time to complete the work to 280 working days. ' B. Section 5.104 "Responsibility for Damage" Revise to read: or negligence on the part of the State., the City, other than active negligence of tYle. ' State, the City. C. Add Section 5 -1.16 "Differing Site Conditions ". D. Section 9 -1.01 General Delete - the words "standard specifications" from the first line of second paragraph. E. Section 10 -1.02 "Prosecution 6 Progress" Add to section: Complete improvements to detour vehicle, bicycle and pedestrian traffic necessary to begin bridge construction. - 30 working days 1 Parking Bays on 32nd Street - 30 working days F. Section 10 -1.11 "Maintaining Traffic" Delete the word "opening" from fourth paragraph and amend to read: No falsework will be allowed in Spans 1, 2, 3 and 4. G. Section 10 -1.17 "Temporary Railing" Add the following paragraph before last paragraph of section: The contract lump sum price paid for Temporary Crash Cushion and Temporary K -Rail shall include full compensation for furnishing all labor, materials (including sand, pallets, and Type P marker panels), tools, equipment and incidentals, and for doing all work involved in installing, moving, maintaining and removing the temporary K -Rail and temporary crash 1 87260Specs - Add. No.l Page 2 of 7 8/].4/90 t 1 I I I I I I I I "At the location and to the limits shown on the plans, material below the bottom of the retaining wall footings shall be removed and replaced with Rtriirtiire ha kf,ll material..." K. Delete Section 10-1.46 "Structure Excavation" L. Delete Section 10 -1.47 "Structure Backfill" M. Section 10 -1.52 Modify to read: .... in accordance with Section 73 -1.06 ..... N. Section 10 -1.62 "Concrete Structures" Add the following paragraph at the end of subsection "Falsework ": The paragraph of "Manufactured Assemblies," in Section 51- 1.06A(2), "Design Stresses, Loadings, and Deflections," of the Standard Specifications is amended to read: 87260Specs - Add. No.l Page 3 of 7 8/14/90 cushion modules as shown on the plans, as specified in these special provisions and as directed by the Engineer. No additional compensation will be allowed therefor. H. Section 10 -1.29 "Modify Deck Expansion Joint" Add the following paragraph at the end of section: The contract price paid per linear foot for modify deck expansion joint shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in modifying the existing expansion joints (except furnishing and installing the epoxy - coated bar reinforcing steel), complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. I. Section 10 -1.39 "Shop Drawings" Delete Concrete and Reinforced Steel items from the list of items requiring shop drawings. J. Section 10 -1.43 "Earthwork" Revise paragraph to read as follows: I I I I I I I I "At the location and to the limits shown on the plans, material below the bottom of the retaining wall footings shall be removed and replaced with Rtriirtiire ha kf,ll material..." K. Delete Section 10-1.46 "Structure Excavation" L. Delete Section 10 -1.47 "Structure Backfill" M. Section 10 -1.52 Modify to read: .... in accordance with Section 73 -1.06 ..... N. Section 10 -1.62 "Concrete Structures" Add the following paragraph at the end of subsection "Falsework ": The paragraph of "Manufactured Assemblies," in Section 51- 1.06A(2), "Design Stresses, Loadings, and Deflections," of the Standard Specifications is amended to read: 87260Specs - Add. No.l Page 3 of 7 8/14/90 1 The maximum loading and deflections used on jacks, brackets, columns, joints and other manufactured devices shall not exceed the manufacturer's recommendations except that the dead load deflection of such joints used at locations other than under deck slabs between girders shall not exceed 1/240 of their spans. If requested by the Engineer, the Contractor shall furnish engineering data from manufacturer verifying the manufacturer's recommendations or shall perform tests as necessary to demonstrate the adequacy of any such device proposed for use. 1 O. Section 10 -1.68 "Reinforcement ": I I I I I n L II The third paragraph of Section 52- 1.08C(2), "Sleeve- Threaded Mechanical Butt Splices," of the Standard Specifications is amended to read: After completion of assembly the splice shall be tightened to a torque value recommended by the manufacturer for reinforcing bar No. 7 and smaller and to a torque value of not less than 200 -foot pounds for reinforcing bar No. 8 or larger. P. Replace Section 10 -1.70 "Treat Bridge Decks" Q. Delete Section 10 -1.76 "Retaining Wall ". R. Section 10 -1.79 "Miscellaneous Bridge Metal" On first paragraph change reference Section to Section 75. 3. Plans A. Add Supplemental Sheet No. 124 "Bent Details 3" 87260Specs - Add. No.l Page 4 of 7 8/14/90 1. Replace the last paragraph in the section with �. the following: The mechanical lap splice shall be a unit consisting of a sleeve, in which the reinforcing bars are positioned and a wedge driven through holes in the sleeve and between the reinforcing bars. The mechanical lap splice shall only be used for splicing non -epoxy coated deformed reinforcing bars Nos. 4, 5 and 6. One mechanical lap splice unit per splice shall be used. �- 2. After the replaced paragraph, at the end of the section, add the following paragraphs: I I I I I n L II The third paragraph of Section 52- 1.08C(2), "Sleeve- Threaded Mechanical Butt Splices," of the Standard Specifications is amended to read: After completion of assembly the splice shall be tightened to a torque value recommended by the manufacturer for reinforcing bar No. 7 and smaller and to a torque value of not less than 200 -foot pounds for reinforcing bar No. 8 or larger. P. Replace Section 10 -1.70 "Treat Bridge Decks" Q. Delete Section 10 -1.76 "Retaining Wall ". R. Section 10 -1.79 "Miscellaneous Bridge Metal" On first paragraph change reference Section to Section 75. 3. Plans A. Add Supplemental Sheet No. 124 "Bent Details 3" 87260Specs - Add. No.l Page 4 of 7 8/14/90 B. Sheet No. 100, Bridge General Plan, changed location of relocated telephone conduits in bridge deck and added reference note for quantities. C. Sheet No. 101, Foundation Plan, added quantities. Does not reflect quantities resulting from work included in Supplemental Sheet No. 124 which are reflected on new Bid Proposal Form. D. Sheet Nos. 89, 90, 91, 92, 93, 94 and 97, Reflect changes to emergency vehicle preemption. 87260Specs - Add. No.1 Page 5 of 7 8/15/90 I D I I I I I F I 1J 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. C le qj Joh Wo ter Pro •ct Manager I have carefully examined ADDENDUM NO. 1 and hereby consent to it being made a part of our proposal. Brutoco Engineering and Date: September 11, 1990 Construction, Inc. Bidder's Name Telephone No. (714) 350 -3535 • (AAR&AWE Signa ) Michael H. King, Pr s' nt Bidder's Address: P.O. Box 429 Fontana, CA 92334 87260Specs - Add. No.l Page 6 of 7 8/14/90 4 it li it it it 87260Specs - Add. No.1 Page 7 of 7 8/15/90 ADDENDUM NO, 1 Attachments 1. Revised Proposal 2. Signature Page from Special Provision 3. Revised Pages for Special Provisions 4. Minutes for Pre -Bid Conference held on August 10, 1990 5. CALTRANS Permit 6. Revised Sheet Nos. 89, 90, 91, 92, 93, 94 and 97 (Signal and lighting) 7. Revised Sheet No. 100 8. Revised Sheet No. 101 9. Supplemental Sheet No. 124 it li it it it 87260Specs - Add. No.1 Page 7 of 7 8/15/90 { I 1 I I I I] I I 0 I I d i u L i L1 TO THE HONORABLE CITY COUNCIL City of Newport Beach 330 Newport Blvd P.O. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete City Contract No. 2642 in accordance with the Plans and Special Provisions, and will take full payment therefore the following unit price for the work, complete in place, to wit: Revised per Addendum No.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ;ITEM CONSTRUCTION ON NEWPORT BOUELVARD (S.R. 55) UNITS :ESTIMATED :ITEM PRICE; 32nd STREET :NO. TO : OF :QUANTITY : (IN : PACIFIC COAST HIGHWAY (S.R. 1) CITY CONTRACT 2642 :MEASURE: : FIGURES) : STATE CONTRACT 12- 018794 AHFP NO. 1241 & 1267 : 1 JULY 1989 MOBILIZATION & : LS : LUMP SUM; ; P R O P O S A L TO THE HONORABLE CITY COUNCIL City of Newport Beach 330 Newport Blvd P.O. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete City Contract No. 2642 in accordance with the Plans and Special Provisions, and will take full payment therefore the following unit price for the work, complete in place, to wit: ;ITEM :CALTRANS: ITEM UNITS :ESTIMATED :ITEM PRICE; TOTAL ; :NO. : CODE : : OF :QUANTITY : (IN : (IN NUMBER : :MEASURE: : FIGURES) : FIGURES) ; : 1 : 999991 MOBILIZATION & : LS : LUMP SUM; ; FIELD OFFICE ' ' -- ------ ---- -- - - - - -' ------- --------- --------- :----- - - - - -; : 2 : 160101 : CLEARING & GRUBBING : LS : LUMP SUM: : :-----:--------:------------------------- :------- :--------- :---------- :---------- : : 190101 : RDWY EXCAVATION & AC : C 5450 , , : : PAVEMENT REMOVAL - -3 - - :- :------------------------- -- - - - - -: :------- :--------- :---------- :----------- : 4 : 190135 : ROADWAY FILL : CY : 7507 ' - - - - -' - - - - - - -'------------------------- '------- --------- ---- - - - - -' ; : 5 ---------------------------------------------------------------------------------- : 192001 : STRUCTURE EXCAVATION CY 175 ; : ; SEE ADDENDUM NO. 2 87260 87 -1 PR -1 I 87260 87 -1 I PR -2 Revised per Addendum No.I ---------------------------------------------------------------------------------- 193001 ; STRUCTURE BACKFILL ; CY 4 , ; - -6 - - - -- -' -- - - -- -' - -- --; ---- - - - - -; ; 7 ; 153215 REMOVE PCC CURB & GUTTER; LF ; 514 -----'--------'------------------------- '------- '--------- '---------- '---------- 153214 ; REMOVE PCC CURB ; LF 3,223 ; - -8 -- ;------ -- ;-------- - - - - -' ------ -- - - -- , - - - - - - -' --------- , - ' ---- - - - - -' �---- -- - - -- 9 153240 REMOVE PCC X- GUTTER SF ; 620 , -----'--------'------------------------- '------- '--------- '---------- '----------- ' 10 153211 REMOVE PCC SIDEWALK & SF 7,739 ; DRIVEWAY ; -- --'--- - - --''------------------------- '------- ' --------- '---------- '---------- 11 :731504A TYPE A2 -8 CURB & GUTTER LF 2,844 ; ; -----'------ -- '------------------------- '------- '--------- '---------- '---------- ; 12 :731504B MODIFIED TYPE A2 -8 LF 250 ;--- CURB & GUTTER - - - - - -; 13 1731504B TYPE A2 -6 CURB & GUTTER ; LF ; 106 ; 14 :731501A TYPE Al -6 CURB ; LF 394 - - - -' -- - - - - -'------------------------- ' - --- 15 :731501B MEDIAN CURB TYPE B3 LF 2,859 --; -------- ;------------------------- ; ------- ; --------- - - 16 731521 4" PCC SIDEWALK CNB ; SF 24,423 ; STD 180 -L -----;--------;-------------------------;-------;---------;----------;---------- 17 731523 4" PCC WHEELCHAIR RAMP EA 6 STD N8 -B ----- - - - - -' 18 :731517A ; 8" PCC CROSS GUTTER CNB ; SF 1,252 STD 186 -L - - - - -' - - - - - -- 19 :731517B ; PCC "V" GUTTER SF 253 ; ----- : -------- ------------------------- - ---;---------;----------;- 20 ; 731516 ; PCC DRIVEWAY PER ; SF 729 ; CALTRANS STD N8 -A ____, - ---- - -' - - - -- -- -- - - - -, 21 ; 401020 4" PCC STAMPED PATTERNED; SF 6,572 COLORED CONCRETE -----;--------;------- ---- -------------- ;- - - - - -- --- - - - - -- - ------ --- ;----- - - - - -; 22 ; 401000 BUS TURNOUT SF 1,424 (8" PCC W/ REINFORCING) ; -----'--------'------------------------- '------- '--------- '---------- '---------- ' 23 ; 153140 PLANE AC PAVEMENT SF 39,104 ; - -- -------- ----- - - -' ------- --------- ' - -- ---- -' ---- - - - - -' 24 190101 ASPHALT CONCRETE PAV'T TN 4,498 ; -----;--------;------------------------- ;------- ;--------- ;---------- ;---------- ; 25 394041 ; ASPHALT CONCRETE DIKE LF ; 195 ; -----1--------;-------- ---------------- -;------- ; - - - -- - ;---------- ;----- - - - - -; 26 393001 PAVEMENT REINFORCING SY 11,172 FABRIC ; -------------------------------------------------- --------------- -- ------- - - - - -- 87260 87 -1 I PR -2 I I' It A I'I III 11 I l� I! I' II I l I �i �I Revised per Addendum No.1 ---------------------------------------------------------------------------------- 27 260200 AGGREGATE BASE(CLASS II); TN 2,250 ' - - -- -- -- - - -' ------- ------- - -- - -' - -TN - -; --------- '---------- ' ---- -- - - -! 28 290201 ; ASPHALT TREATED ; 277 ; PERMAEABLE BASE - - -- ;--------;-------------------------;-------;---------;----------!- 29 :570201A ; 2" x 4" REDWOOD HEADER LF ; 1,240 ; -----;--------!-------------------------;-------;---------;----------;--------- 30 150805 ; REMOVE RCP STORM DRAIN ; LF ; - - -- - -- - -- -------------------------;-------;---------;----------;- 31 153213 ; REMOVE DRAINAGE STRUCT. ; EA 5 -----'--------'------------------------- '------- '--------- '---------- '---------- ' 32 ; 681030 ; 8" PVC SCHD 80 ; LF 81 ; STORM DRAIN PIPE -----'--------'------------------------- '------- '--------- '---------- '---------- ' 33 650409 15" RCP ; LF 280 -- - - - - -; (D -LOAD PER PROFILE) - - - - -;- ;-------------------------;-------;---------!----------;--------- 34 650411 18" RCP ; LF ; 274 ; 1 ; (D-LOAD PER PROFILE) ;- -- - ---;- ------ ----- --- ---- --;- ;- --- -- ---- - -- --; ---- - - - - - 486 � 35 650416 ; 24" RCP LF ; (D -LOAD PER PROFILE) -- - - -- -' ------ --------- ---- - - - --' --- - - -- -; ---------;--------- 36 719401 JUNCTION STRUCTURE EA TYPE JS -2 ; -- ----------- ----- --- - - - - -- ------- ;--------- ;---------- ;---------- 37 ; 719401 ; JUNCTION STRUCTURE CNB EA 1 ; TYPE JS -3 -----'--------'-------------------------'-------'---------'----------'-------- 38 707051 DRAINAGE MANHOLE EA 3 ;- - ;-- ------ ;- -- - - -- ---- --- - - - - -- - - 39 707050 INLET TYPE O.S. STD D -78; EA ; - -; - - - - - -! W /LOCAL DEPRESSION -- -- - -i --- - --- - ---- - - - - -i -- - - - - -- 40 721420 PARKWAY CULVERT CNB LF 52 ' i -----;--------;------------------------- ;------- ;--------- ;---------- --- - - - - -- 41 ; 510505 CONC COLLAR CNB EA ; 5 STD 313 -L --------'------------------------- '------- '--------- '---------- ' ---- - - ---` 42 :681103B ; EDGE DRAIN W/ VENTS & LF ! 717 ; OUTLETS(CALTRANS D98D -1,; ---- - - - - -; ; - -- --' -- - - - - -' ---- --- -------- - - - - - -- - -5 - - -' ---- -- - - -! 43 513540 ; TIMBER RETAINING WALL ! 3,290 ; - - -- 44 :760023A ; MODIFY EX. WATER SYSTEM EA ; 2 ;-----;--------;-------------------------;-------;---------;----------;---------- 45 152440 ADJUST MANHOLE TO GRADE EA 8 ; ' -- -- - - - - -'------------------------- '------- '--------- '---------- ' -- - - - - -- 46 ; 152441 ADJUST WATER VALVE ; EA ; 6 ; TO GRADE ---------------------------------------------------------------------------------- 87260 87 -1 PR -3 \J 1 Revised per Addendum No.1 ----------- --- - -- ----------------------------------------------------- 47 :760023B ; WATER VALVE VAULT ; LS LUMP SUM; CONSTRUCTION -----;--------;------------------------- ;------- 48 ; 991025 ; WATER LINE CONSTRUCTION ; ;--------- ;---------- LS ; LUMP SUM; ;---------- ; -----;--------;------------------------- ;------- ;--------- ; ---------- ;---------- ; 50 719100 SEWER CONSTRUCTION LS LUMP SUM; ; - - - -- - ---- -- -- -- --- ------------ - - - - -- - - - -- -- ---- - - - -- ---- - -- - -- ----- - - - - -; 51 ; 860430 ; NAVIGATION LIGHTS LS � LUMP SUM; -- --'--- - - ---'------------------------- ' - - - - ---- - - - - -' ---------- ' - -- - - - - -- 52 120100 ; TRAFFIC CONTROL SYSTEM ; LS LUMP SUM; ; - - - -' -- - - - - -'------------------------- ' - ---- -'--------- ---------- ' ; 53 ; 833080 ; K -RAIL AND CRASH CUSHION; LS LUMP SUM; -----'--------'------------------------- '------- ' --- - - - - -' 54 ; 840650 ; TRAFFIC STRIPING, PAV'T ; LS ; LUMP SUM; MARKINGS & PAV'T MARKERS; - - --- _- - - - - -' 55 :562000A ; ROADSIDE SIGNS ; LS ; LUMP SUM; ; -- - - - - -' ----------- ----- --- - - - - -' - -- - - - - -' ---- -- - - -' 56 ; 861491 ; SIGNAL MODIFICATIONS ; LS ; LUMP SUM; ; LOCATION 1 -----;--------;------------------------- ;------- ;--------- ;---------- ;---------- ; 57 ; 861492 ; SIGNAL MODIFICATIONS ; LOCATION 2 LS ; LUMP SUM; -----'--------'------------------------- '------- '--------- '---------- '---------- ' 58 ; 861493 ; SIGNAL MODIFICATIONS ; LS ; LUMP SUM; ; LOCATION -3 ---- -;---- - - - -;- --------------;-------;--------- ;---------- ;------ - - --': 59 ; 860401 ; INTERCHANGE LIGHTING ; LS LUMP SUM; ; ; - - - -- ; -- - - - - -- ; ------------------- - - - - -- ; - - - - - -- ; --- - - - - -- ; ---- - - - - -- ; ---- - - - - -- j 60 ; 860408 ; STREET LIGHTING ; LS ; LUMP SUM; -- --'--- - - - - -'------------------------- '------- ' --------- ' ---------- '---------- ; 61 ;200001A ; LANDSCAPING ; LS ; LUMP SUM; - i -- - - - - -- -------------- ----- - - - - -- ------- ;--------- ; ---------- ;---------- 62 ; 208000 ; IRRIGATION ; LS ; LUMP SUM; ; -----'--------'------------------------- '------- '--------- ' ---------- '---------- ' 63 ; 810110 ; RELOCATE COUNTY GPS ; LS ; LUMP SUM; CONTROL STATION - -- - -' - ------ '---- -- -- -- ---- ------ - ----' ------- '--------- ' ---- -- ---'----- - - - - -' 64 ; 070001 ; CONSTRUCTION STAKING ; LS ; LUMP SUM; ------------------------- ' ------- ' --- -----' ---- - - - - -' ; 65 B;154900A ; REMOVE TIMBER PILE ; LS ; LUMP SUM; ; DOLPHINS ------------------- - - - --- ------- '--------- '---------- ' 66 B; 157560 ; BRIDGE REMOVAL (PORTION); LS ; LUMP SUM; ; ----- ; -------- ;------------------------- ;------- ;--------- ;---------- ;---------- ; 67 B; 159114 ; MODIFY DECK EXPANSION JOINT LF ; -- - - - - -; - - - - --' - -- -184 -' --------- ;----- - - - - -; 68 B;159199A ; JACK BRIDGE SPAN ; LS ; LUMP SUM; ; - -- -' ----- -- '--------- --- -------- - -- - -' - - - - - -' ---- - - - -' ------ --- - - - - - '----- - - - - - ' ; 69 B; 192003 ; STRUCTURE EXCAVATION ; CY ; 260 ; ;(F) ; ; (BRIDGE) ---------------------------------------------------------------------------------- 87260 87 -1 PR -4 I t 1 87260 87 -1 I PR -5 Revised per Addendum No. t ---------------------------------------------------------------------------------- ; 70 B; 192037 ; STRUCTURE EXCAVATION ; CY ; 610 ;(F) ; (RETAINING WALL) ;-----;- -- - - - - -; ;-- ------- ----- ----------- ;- - - -- -- - -------- ;---- --- - -- - --- -- - - - -; ; 71 B; 193003 ; STRUCTURE BACKFILL ; CY ; 165 :(F) ; (BRIDGE) -- - ----; - - - - -' - - -- - -' - ---- ; ---- - - - - -1 ---- - - - - -; 72 B; 193013 ; STRUCTURE BACKFILL ; CY ; 720 ; ;(F) (RETAINING WALL) - - - - -;- - - - - - -- ---- -- --- - - - - - -- - ;- - - - - -- - -(- -- - ---- - - -- -- -LF - -' -- -432 -' ---- - - - - -' 73 B; 490201 FURNISH TREATED TIMBER ; PILING - - - - -' --- ----------- - - - - -- --------- ' ---- - - - - -' 74 B;490335A ; FURNISH SPECIAL CLASS 45; LF ; 2,380 PILE ;-- - --- - -;------------------------- ;------- ; ; ; 75 B;492100A ; DRIVE SPECIAL CLASS 45 ; EA ; 54 ;(S) ; ; PILE -----'--------'------------------------- '------- '--------- '---------- '---------- ' 76 B; 510051 ; STRUCTURAL CONCRETE, ; CY ; 66 ;(F) ; ; BRIDGE FOOTING --- - -- - -; ------------------------- ;------- ;--------- ;---------- ;---------- 77 B; 510053 ; STRUCTURAL CONCRETE, ; CY ; 472 ;(F) ; BRIDGE -- - - -' - --- - -' -- --- --- - - - - -- ; 78 B; 510060 ; STRUCTURAL CONCRETE, ; CY 330 (F) RETAINING WALL -- - - - - -; 79 B; 510085 ; STRUCTURAL CONCRETE, ; CY ; 10 ' ;(F) ; APPROACH SLAB (TYPE EQ) - - - - -' -- - - - - -' -'------- ' --- - --; --------- - - - - -; 80 B; 510086 ; STRUCTURAL CONCRETE, ; i----- 40 ; ;(F) ; ; APPROACH SLAB (TYPE N) -----'--------'------------------------- '------- '--------- '---------- '---------- ' 81 B; 511106 ; DRILL AND BOND DOWEL ; 182 ----- ;--------;-------------------------;---LF --;----- - ;-------- -- ;---- - - - - -- 82 B; 512202 ; FURNISH PRECAST ; EA ; 10 PRESTRESSED CONCRETE GIRDER (30' TO 40') i -- °-;--------;-------------------------;-------;--- --- --- ;---------- ;-- --- - - - - -; 83 B; 512203 ; FURNISH PRECAST ; EA ; 10 PRESTRESSED CONCRETE GIRDER (40' TO 501) -- - - - - -; - ----;- ;------------------------- 1-------;--------- ;------- --- ;----- - - - - -; 84 B; 512204 ; FURNISH PRECAST ; EA ; 1 PRESTRESSED CONCRETE GIRDER (50' TO 60') -----'-------- '------------------------- ' ------- '--------- '---------- ' --- - - - - -- 85 B; 512500 ERECT PRECAST EA 21 ; PRESTRESSED CONCRETE GIRDER - --- '--- - - - - -'------------------------- ' ----- '--------- '---------- ' ---- - - - - -' -86 B; 519001 ; WATERSTOP ; LF ; ; ---------------------- 1 87260 87 -1 I PR -5 I I 1 87260 87 -1 PR -6 a t Revised per Addendum No.1 ---------------------------------------------------------------------------------- ; 87 B; 519085 JOINT SEAL LF ; ;(5 ) (TYPE B -MR 1 ") - -' -- - --- -' ; 88 B; 520102 BAR REINFORCING STEEL LB 103,274 (S -F); ; (BRIDGE) ' - - - - - ' - - - - -- - ------------------------- ------- ' --------- '---------- ' -- --- - - - -; ; 89 B; 520103 BAR REINFORCING STEEL LB 17,000 ; ;(S -F); (RETAINING WALL) ; ' - - - - - -- ----------- -- --- --- - - - - -'------- ' --------- '---------- ' ---- - - - - -' 90 B; 520106 BAR REINFORCING STEEL LB 8,000 ;(S -F): ; (EPDXY COATED) -- -- - - -'------------------------- '------- '--------- '---------- ' ---- - - - - -; 91 B; 540102 TREAT BRIDGE DECK SF 9,200 ; (F) ----- ' -------- '------------------------- '------- ' --------- '---------- '----------- B; 540108 FURNISH BRIDGE DECK GAL 92 t92 TREATMENT MATERIAL -----'--------'------------------------- '------- '--------- '---------- '---------- ' 93 B;574999A ; TIMBER PILE DOLPHIN ; EA 4 ; '(S) , -- - - - - -'------------------------- ------- '--------- '---------- ' 94 B; 731517 MINOR CONCRETE (GUTTER) CY 13 ; ;(F) ; -- - - - - -'------------------------- ' - -- -; -- - --' ---- - - - - - ; 95 B; 750501 MISCELLANEOUS METAL ; LB 850 ; ;(S -F); (BRIDGE) ; ----- ;--------;-------------------------;---LF --;----- -;- --- --- - - -i- 96 B; 833020 CHAIN LINK RAILING ; 188 , -----;--------;------------------------- ;------- --------- - 97 B; 833088 TUBULAR HANDRAILING ; LF ; 421 , - ---- - - - - -- - -- ---- --- - - - - -- --- -- - -- -- --- -- - -- --' 98 B; 833140 ; CONCRETE BARRIER LF 421 ; ;(F) ; (TYPE 26) - -- - -' -- - - - - -'------------------------- '------- '--------- '---------- '---------- ' 99 B; 839521 CABLE RAILING LF 178 ;(F) ; ---- ' - -- - ---- '------------------------- ' ------'--------- ;100 B; 999990 ; BRIDGE MOBILIZATION 9.996; LS LUMP SUM; ; ' -- - - - - -' ------------------------- ' - -- - - -' - - -= - - -' -- ------- ;----- - -- - -; ;101 B; ------------------------------------------------------------- 519007 ; NEOPRENE PAD (1/4 "x12 ") LF 30 , ------- ------ , -- - - -- -- I I 1 87260 87 -1 PR -6 a U u I I I I I I I tJ 1 87260 87 -1 PR -7 I Revised per Addendum No.1 ---------------------------------------------------------------------------------- ;102 160132 DEMOLISH BUILDING LS LUMP SUM; ; ;(S) (SERVICE STATION) ; ' ----- '-------- '------------------------- '------- ' --------- ' -------- '---------- ;103 :160132A ; REMOVE AND DISPOSE OF LS LUMP SUM; ; ;(S) UNDERGROUND GAS TANKS ; ' - - -- '-------- '---- ----- ------- -- -- - - ---'------- --------- '---------- ' ---- --- - -' ;104 :160132B REMOVE AND DISPOSE OF LS LUMP SUM; ; ;(S) ; ASBESTOS ; ' '-- ' ; - - -- -- - - - -'- ---- - - - --- --------- -- -- -'------- -- -; -- -- - - - - -1 ;105 :190167A HAZARDOUS WASTE REMOVAL CY ; 1,900 ;(S) AND DISPOSAL ; - - -- - ---- ---- -- - - -' -- -; - --- - - - - - ;106 :190167A ROCK SLOPE PROTECTION SF ; 2,550 ; (LIGHT) -----'--------'------------------------- '------- '--------- '---------- ' ;107 B; 156586 REMOVE STEEL END LS ; LUMP SUM; ; DIAPHRAM AND EXTERIOR BEARINGS u I I I I I I I tJ 1 87260 87 -1 PR -7 I ' Revised per Addendum No.2 ---------------------------------------------------------------------------------- ;102 ; 160132 ; DEMOLISH BUILDING ; LS ; LUMP SUM; ; ;(S) ; ; (SERVICE STATION) '----- '---- --- -'---- - --- --- ---- -- --- -- ---- '-- - - - -- - ----- ;103 :160132A ; REMOVE AND DISPOSE OF ; -LS ; LUMP SUM; ; ;(S) ; -- - - - - -; UNDERGROUND GAS TANKS - - - -;- ;------------------------- ;-- -- ;-- - -- - -- --- --; ;104 :160132B ; REMOVE AND DISPOSE OF ; LS ; LUMP SUM; ; ;(S) ; ASBESTOS ; ---- ;--------;-------------------------;-------;---------;--------- ;105 :190167A ; ;(S) ; ; DELETED 1 ' ---- '--- - - - - -' ------------------------- ' --- -' - -- ---- -1 ---- --- - -' --- - - - - - SF ' ;106 :190167A ; ROCK SLOPE PROTECTION ; (LIGHT) - - -- -- - - -' ---- ---- ----- ----- - - - -- ---- - - -- ;107 B; 156586 ; REMOVE STEEL END ; LS ; LUMP SUM; ; DIAPHRAM AND EXTERIOR BEARINGS L L I I I I 11 I I 1 87260 87 -1 PR -7 I ! ` I SEE ADDENDUM NO. 2 Revised per Addendum No.1 ---------------------------------------------------------------------------------- --------------------------------------------------------------------------------- TOTAL BID PRICE ITEMS I THROUGH 107 ......... IWRITTEN IN WORDS: ................... DCLLARS CENTS AND I I [1 IBIDDER'S TELEPHONE NUMBER BIDDER AUTHORIZED SIGNA'.'URE /TITLE ADDRESS ---------------------------------- ----- ------ ----- -- ----- -'- - - --- ---------------- ICONTRACTOR'S LICENSE NO. CONTRACTOR'S ADDI,ESS CONTRACTOR'S TELEPHONE NUMBER 1 87260 87 -1 PR -8 I Revised per Addendum No.1 CONTRACT NO. 2642 The special provisions contained herein have been prepared by or under the direction of the following Registered Persons. STRUCTURES REGISTERED CIV HIGHWAY REGISTERED CIVIL ENGINEER TRAFFIC REGISTERED CIVIL ENGINEER PAGE 1 OF 2 10 No. 41066 Exp. 3/31191 CMI. e y JESUS A. mac\ NNCHEL = u r No. 28106 • E,� 3- 31-94• OF � tFO��\' HL9ERT f4\ y WLLIAM � DICKSON x _ 19417 " • Ej4L 9 -30-93 ` CIVIL ��� OF CA\.\' Revised per Addendum No.1 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES Attention is directed to the provisions in Section 8 -1.03, "Beginning of Work," in Section 8 -1.06, "Time of Completion," and in Section 8 -1.07, "Liquidated Damages," of the Standard Specifications and these special provisions. ' The Contractor shall begin work within fifteen (15) days after receiving notice that the contract has been approved by the City and shall diligently prosecute the same to completion before the expiration of: 280 WORKING DAYS after the date of said approval. The Contractor shall pay to the City the sum of $500 per day for each calendar day's delay in finishing the work in excess of the number of working days prescribed above. J I I I I a 'r-1 t_.1 L 87260 87 -1 January,1990 4 -1 I Revised per Addendum No.1 Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the specifications: It is the intent of the parties that the Contractor will indemnify and hold harmless the State and City, its officers and employees from any and all claims, suits or actions as set forth above, regardless of the existence or degree of fault or negligence on the part of the State, the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the State, the City, its officers and employees. 5 -1.05 REQUIRED SUBCONTRACT AND MATERIAL SUPPLY CONTRACT PROVISIONS Attention is directed to the following section of these special provisions entitled "Arbitration." r87260 87 -1 January,1990 5 -8 Over 45 Within 6 feet of a traffic lane but not on a traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on a traffic lane. When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane; however, the Contractor shall not reduce the width of an existing lane to less than 10 feet witout written approval from the Engineer. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When work is not in progress on a trench or other excavation that required a lane closure, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. 5 -1.04 RESPONSIBILITY FOR DAMAGE The fifth paragraph in Section 7 -1.12, "Responsibility for Damage," of the Standard Specifications is amended to read: It is the intent of the parties that the Contractor will indemnify and hold harmless the State and City, its officers and employees from any and all claims, suits or actions as set forth above, regardless of the existence or degree of fault or negligence on the part of the State, the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the State, the City, its officers and employees. 5 -1.05 REQUIRED SUBCONTRACT AND MATERIAL SUPPLY CONTRACT PROVISIONS Attention is directed to the following section of these special provisions entitled "Arbitration." r87260 87 -1 January,1990 5 -8 I I I I I 5 -1.15 I I 5 -1.16 I I I I i✓ I Revised per Addendum No.1 The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms or falsework that are to be re -used shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be re -used shall be disposed of concurrently with their removal. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. .ADDENDA The Engineer may issue addenda to the contract documents during the period of advertising for bids, for the purpose of: (a) revising prevailing wage scales or (b) clarifying or correcting Special Provisions, Plans or Bid Proposal. Purchasers of contract documents will be notified and furnished copies of such addenda, either by certified mail or personal delivery during the period of advertising. DIFFERING SITE CONDITIONS During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work. ' 87260 87 -1 7anuary,1990 I 5 -14 A Revised per Addendum No.l Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 4 -1.03, "Changes," of the Standard Specifications. 5 -1.17 PROGRESS SCHEDULE ' In accordance with Section 8 -1.04 of the Standard Specifications, the Contractor shall submit a written proposed progress schedule to the ' Engineer prior to the start of any work with the following exception: Contractor shall be responsible for furnishing form and update of schedule. 1 5 -1.18 PRECONSTRUCTION CONFERENCE The Contractor and all its subcontractors shall meet with representatives of the City before start of construction. Discussion will include Equal Employment Opportunity Requirements, State and Federal Safety Requirements, and Labor Compliance Requirements. The Contractor will be notified regarding the exact time and place of the conference. 5 -1.19 LEGAL RELATIONS AND RESPONSIBILITY Legal relations and responsibility shall conform to the Standard Specifications provisions in Section 7 -1.12, "Responsibility for Damage," Section 7 -1.15, "Relief from Maintenance and Responsibility," and these special provisions: Paragraph 9A.(1) First sentence shall read: Contractual Liability Insurance assumed by the Contractor under agreement with the City of Newport Beach. Paragraph 9A.(2) Last sentence shall read: A copy of the endorsement forms is included in the Special Provisions. No other endorsement forms will be acceptable to the City. Paragraph 9B. The last sentence is deleted. The cost of complying with these provisions shall be absorbed in the Contractors bid. Action by the City to take over and utilize any part of the project and relieve the Contractor of maintenance and responsibility shall become effective only upon issuance of a written notice, signed by the Engineer, setting forth a description of the completed improvements to be taken over, the effective date, location and limits thereof. ' 87260 87 -1 January,1990 5 -15 Revised per Addendum No.1 An additional Insured Endorsement to the Contractor's Liability Insurance policy for The State of California Department of Transportation, its officers and employees, The City of Newport Beach and its officers and employees, Williamson and Schmid as additional insured in the form approved by The City of Newport Beach and The State of California Department of Transportation shall also be furnished. Section 7 -1.12 of the Standard Specifications shall be amended to increase the minimum limits of Contractual Liability Insurance to .$2,000,000 combined single limit. All policies required by the contract documents shall have a cancellation clause providing that thirty (30) days' written notice shall be given the said Owner prior to such cancellation or change in coverage. 5 -1.20 BUSINESS LICENSES AND PERMITS The Contractor's attention is directed to Subsection 7 -1.04 of the Standard Specifications and the Supplemental Standard Provisions regarding business license, permit and construction 1 water. The Contractor shall obtain the following permits: Caltrans Encroachment Permit - Upon execution of contract documents and prior to start of any construction the contractor shall obtain an encroachment permit from Caltrans, and paid the required fees in the amount of $15,000. Compensation for the fees paid shall be included in the cost other items of work and no additional compensation shall be allowed therefor. Oran a Count Health Care A en c Facility Modification Permit Underground Tank Removal - Attention is directed to Appendix "D" included in these contract documents. The contractor shall submit an application and obtain any necessary permits from The County of Orange Health Care Agency Public Health Services for the removal of underground storage tanks. Newport Beach Fire Department Permit - Attention is directed to Appendix "E" included in these contract documents. The contractor shall submit an application and obtain a permit from the Newport Beach Fire Department for the removal of the underground tanks. I 87260 87 -1 7anuary,1990 5 -16 I Revised per Addendum No.t California RpgLonal Water Quality Control Board (CRWQC Permit - -the Contractor will be required to obtain and com; with the requirements of the CRWQCB dewatering /wastewater discharge from construction projects. City obtained permits: California Coastal Commission -- The City has obtained a permit from the California Coastal Commission for this project. The Contractor shall be required to make himself aware of and shall comply with the conditions of this permit. See Appendix A. United States Coast Guard - The City has obtained a permit from the U.S. Coast Guard for this project. The Contractor shall be required to make himself aware of and shall comply with the conditions of this permit. See Appendix B. Caltrans Encroachment Permit - The City has obtained an encroachment permit from Caltrans for this project. The contractor shall be required to make himself aware of and shall comply with the conditions of this permit. This permit obtained by the City does not relieve the contractor of the responsibility of obtaining an encroachment permit from Caltrans. See Appendix F. J LI I 1 I ' 87260 87 -1 7anuary,1990 5 -17 Revised per Addendum No. t ' SECTION 9 DESCRIPTION OF WORK ' 9 -1.01 GENERAL 1 The work under this portion of the contract shall consist of furnishing all labor, materials, vehicles, tools, machinery, equipment, etc. necessary to construct the necessary widening of Newport Boulevard with resurfacing and restriping of the existing roadway, providing three northbound lanes, two southbound lanes, bike lanes and sidewalk and bike trail from 32nd Street to Coast Highway. The project will include new curb, gutter and sidewalk along the entire east side of the roadway and the west side of the roadway from Finley Avenue to Short Street; a raised landscaped median along a portion of the project, left -turn lanes at intersections; ramp construction to ' eastbound Coast Highway from northbound Newport Boulevard; bridge widening on the side of the Newport Channel Bridge; drainage improvements; water main and utility relocations; retaining walls where necessary; bulkheads; bus stops; traffic signal modifications; street light modifications; striping and signing; City Hall parking lot demolition; construction and striping improvements for parking along 32nd Street; demoliton and cleaning of existing gas station at Via Lido and Newport Blvd.; irrigation and landscaping, and appurtenant work, all as shown on the plans prepared by Williamson and Schmid, provide qualified supervisory and all other items necessary to provide complete improvement to the satisfaction of the City of Newport Beach, California State Department of Transportation, and the Engineer. All work hereunder shall conform to the applicable portions of CALTRANS Standard Specifications, the Standard Drawings of the City of Newport Beach; and these Special Provisions. In the event of any discrepancy between these Special Provisions, the Standard Specifications or CALTRANS Standard Specifications, including the plans, the plans and Special Provisions shall govern where they require a higher quality of workmanship and /or materials. Before commencing the work, the Contractor shall meet with the Owner, the Engineer, CALTRANS' Resident Engineer, and the inspectors for the City of Newport Beach in a preconstruction conference to outline his schedule of operations and progress, and coordinate his sequence of operations with other contractors. Such items and details not mentioned herein that are required by the plans, Standard Specifications, these Special Conditions, or any ' addenda or clarifications shall be furnished, placed, installed or performed. 87260 87 -1 January, 1990 9 -1 • Revised per Addendum No.1 required, and subsequent removing or reshaping of the material to the ' lines and grades shown on the plans shall be considered as included in the contract price paid for the materials involved and no additional compensation will be allowed therefore. No payment will be made for material placed in excess of that required for the structural 1 section. 10 -1.02 PROSECUTION AND PROGRESS Section 8- 1.03, "Beginning of Work," is superseded by the following: The Contractor shall begin work within the number of days specified in the Special Provisions. The contractor shall schedule the work required to ensure completion of improvements affecting the following areas within the following maximum number of working days. Complete improvements to detour vehicle, bicycle and pedestrian traffic necessary to begin bridge construction 30 working days Parking Bays on 32nd Street 30 working days City Hall parking lot demolition and regrading 60 working days Sidewalks at the west side of Newport Boulevard 30 working days Office building adjacent to Channel 60 working days Via Lido shopping center 60 working days Delete entire Section 8 -1.09, "Right of Way Delays," except when ' applicable under provisions of Section 7- 1.125, "Legal Actions Against the Department." Section 9 -1.02, "Scope of Payment," is supplemented and amended by the following: 1 Payment for all unit price items of work, with the exception of items designated as final pay quantities, lump sum items and those items based on weight, shall be based on the quantities indicated in the Estimated Quantities in the Special Provisions. If the work is revised by the Engineer or if there is an error in the plans or the calculated quantities, the final quantities for payment will be revised in the amount represented by the changes or errors. The entire Section 9 -1.07, "Payment After Acceptance," including parts A and B, is superseded by the following: 87260 87 -1 January,1990 10 -3 Revised per Addendum No.1 The final Engineer's estimate of quantities for payment to the Contractor will include completed contract item quantities of work, extra work and any other basis for payment, less all retentions and deductions made or to be made under the provisions of the contract. All prior estimates and payments shall be subject to correction in the final estimate. A final progress payment based on ' said final estimate will be processed for payment to the Contractor prior to acceptance of the work by the City of Newport Beach. ' Following acceptance of the work by the City of Newport Beach, the amount deducted from the final estimate and retained by the City will be paid to the Contractor, except such amounts as are required by law or as are authorized by the contract to be further retained. If within the time fixed by law, a properly executed Notice to Stop Payment is filed within the City, due to the Contractor's failure to pay for labor or materials used in the work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. Section 9 -1.08, "Adjustment of Overhead Costs," is deleted entirely. ' 10 -1.03 MOBILIZATION Paragraph E of Section 11 -1.02 of the Standard Specifications, "Payment," is amended to read: E. After completion of the contract work, the amount, if any, of the contract item price for mobilization in ' excess of 10 percent of the original contract amount will be included in the final progress payment. 10 -1.04 UTILITIES (See also Section 10 -1.08, "Obstructions ") The Contractor shall locate, verify and protect all existing utility facilities in the immediate vicinity of the construction work as stated in Section 7 -1.11, "Preservation of Property" and Section 8 -1.10, "Utility and Non - Highway Facilities of the Standard Specifications." Known utilities are indicated on the Plans. Prior to performing construction work, the Contractor shall request each utility company to locate its facilities. Construction of the storm drain will cause work to be performed over, under and very near existing sewer, gas, electric and water lines. The Contractor shall protect in place and be responsible for, at no additional cost, any damage to utilities encountered during construction of the items shown on the Plans. 87260 87 -1 ' January,1990 10 -4 Revised per Addendum No.1 Construction truck traffic merging into traffic lanes shall be by use of flagmen and appropriate signage as directed by the Engineer. Flaggers shall conform to the latest State of California Department of Transportation "Instructions to Flaggers". Use and placement of flashing arrow signs shall be as directed by the Engineer. Type and mode of operation of flashing arrow sign shall be as shown on the plans. Flashing arrow signs shall conform to Section 12 -3.03 of the Standard Specifications. ' In addition to the provisions set forth in Section 5 -1.04, "Public Safety," of these special provisions, whenever work to be performed on the highway (except the work of installing, maintaining, and removing traffic control devices) requires any employee of the ' Contractor to work anywhere within 6 feet of a traffic lane or operate any equipment within 2 feet of a traffic lane, and the posted speed limit is 45 miles per hour or more, the adjacent traffic lane shall be closed. 1 87260 87 -1 7anuary,1990 10 -12 I the existing pedestrian /bikeway. The pedestrain /bikeway opening shall have a minimum vertical clearance of 8 feet and a minimum horizontal width of 16 feet. The width of opening shall be the clear width between temporary railings or other protective work. The exact location of openings will be determined by the Engineer. At all pedestrian /bikeway openings through falsework, falsework lighting shall be installed in conformance with the provisions in Section 86 -6.11, "Falsework Lighting," of the Standard Specifications. ' No falsework will be allowed in Spans 1, 2, 3 and 4. The Contractor shall notify local authorities of his intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25 -foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. Construction truck traffic merging into traffic lanes shall be by use of flagmen and appropriate signage as directed by the Engineer. Flaggers shall conform to the latest State of California Department of Transportation "Instructions to Flaggers". Use and placement of flashing arrow signs shall be as directed by the Engineer. Type and mode of operation of flashing arrow sign shall be as shown on the plans. Flashing arrow signs shall conform to Section 12 -3.03 of the Standard Specifications. ' In addition to the provisions set forth in Section 5 -1.04, "Public Safety," of these special provisions, whenever work to be performed on the highway (except the work of installing, maintaining, and removing traffic control devices) requires any employee of the ' Contractor to work anywhere within 6 feet of a traffic lane or operate any equipment within 2 feet of a traffic lane, and the posted speed limit is 45 miles per hour or more, the adjacent traffic lane shall be closed. 1 87260 87 -1 7anuary,1990 10 -12 I I I L 1 10 -1.17 I u I LJ Revised per Addendum No. 1 lights shall conform to Section 5 -06.5 of the latest State of California Department of Transportation "Manual of Traffic Controls ". Type A, B, or C warning lights shall be specified by the Engineer. TEMPORARY RAILING Temporary railing (Type K) shall be placed at the locations shown on the plans, specified herein or in the Standard Specifications or ordered by the Engineer and shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. The first paragraph in Section 12 -3.08, "Temporary Railing (Type K);' of the Standard Specifications is amended to read: Temporary Railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Exposed surfaces of new and used units shall be freshly coated with a white color paint prior to their first use onn the project. The paint shall conform to the provisions in Section 91 -4.05, "Paint; Acrylic Emulsion, Exterior White and Light and Medium Tints." The last sentence of the seventh paragraph in Section 12 -3.08, "Temporary Railing (Type K)," of the Standard Specifications is deleted. Temporary Railing may have the Contractor's name or logo on each panel. The name or logo shall not be more than 4 inches in height and shall be located not more than 12 inches above the bottom of the rail panel. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in the existing concrete bridge decks. Drilling holes and bonding dowels shall conform to the details shown on the plans, the provisions in Section 83- 2.02D(1), "General," of the Standard Specifications. The contract lump sum price paid for Temporary Crash Cushion and Temporary K -Rail shall include full compensation for furnishing all labor, materials (including sand, pallets, and Type P marker panels), tools, equipment and incidentals, and for doing all work involved in installing, moving, maintaining and removing the temporary K -Rail and temporary crash cushion modules as shown on the plans, as specified in these special provisions and as directed by the Engineer. No additional compensation will be allowed therefor. Full compensation for drilling holes and bonding threaded rods or dowels to secure the Temporary Railing (Type K) in place at existing bridge deck locations shall be considered as included in the lump sum contract price bid for Temporary Railing (Type K) and Temporary 87260 87 -1 Crash Cushion Modules. Oanuary,1990 10 -27 I LJ Revised per Addendum No.1 ' Full compensation for the construction, maintenance and removal of temporary chain link fence shall be considered as included in the contract prices paid for the various items of work involved and no additional payment will be allowed. 10 -1.20 EXISTING HIGHWAY FACILITIES The work performed in connection with various existing highway facilities shall conform to the provisions in Section 14, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Plans of the existing bridge are available for inspection at the following offices of the Department of Transportation: Office of Structures Design, Specifications Section, 3rd Floor, 1801 30th Street, Sacramento, California. ' 87260 87 -1 January,1990 10 -28 10 -1.18 CONSTRUCTION AREA LIGHTING All working areas utilized by the Contractor to perform work during the hours of darkness, shall be lighted to conform to the minimum illumination intensities established by California Division of Occupational Safety and Health Construction Safety Orders. ' All lighting fixtures shall be mounted and directed in a manner precluding glare to approaching traffic. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work involved and no additional payment will be ' allowed. 10 -1.19 TEMPORARY CHAIN LINK FENCE (Type CL -6) Temporary chain link fence (Type CL -6) shall be furnished and constructed, maintained and later removed as directed by the Engineer and as specified in Section 80 -4, "Chain Link Fence," of the ' Standard Specifications and these special provisions. Good sound used fabric and posts may be used. Concrete footings ' will not be required on line posts. When no longer needed in the work, the fence shall become the property of the Contractor and shall be disposed of in accordance with the provisions in Section 7 -1.13 of the Standard Specifications. Removed temporary fence material that is not damaged and whose dimensions do conform to the requirements for new material may be ' used in the new work. ' Full compensation for the construction, maintenance and removal of temporary chain link fence shall be considered as included in the contract prices paid for the various items of work involved and no additional payment will be allowed. 10 -1.20 EXISTING HIGHWAY FACILITIES The work performed in connection with various existing highway facilities shall conform to the provisions in Section 14, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Plans of the existing bridge are available for inspection at the following offices of the Department of Transportation: Office of Structures Design, Specifications Section, 3rd Floor, 1801 30th Street, Sacramento, California. ' 87260 87 -1 January,1990 10 -28 R Revised per Addendum No. 1 Plans of existing bridges available at the above locations are original contract plans with significant changes noted and do not necessarily show normal construction tolerances and variances. Where dimensions of new construction required by this contract are dependent on the dimensions of existing bridges, the Contractor shall verify the controlling field dimensions and shall be responsible for adjusting dimensions of the work to fit existing conditions. 10 -1.21 REMOVE RCP STORM DRAIN, REMOVE DRAINAGE STRUCTURES ' Existing box culverts, inlets, headwalls and endwalls, where any portion of such structures is within 3 feet of the grading plane in excavation areas, or within one foot of original ground in embankment areas, or where shown on the plans to be removed, shall be completely removed and disposed of. Ir-� u These items include the removal and disposal of the existing 24 -inch drain lines and drainage structures at the locations shown in the project drawings. All removals shall conform to the applicable portions of Section 16 of the Standard Specifications. This item shall also include the backfilling and if necessary repaving of trench once the pipe or structures are removed. Payment for these items shall be made at the contract or unit price per lineal foot or each item removed and shall include full compensation for all labor, materials and equipment required to perform the work as shown on the construction plans. No additional compensation shall be allowed. 10 -1.22 ADJUST FRAMES AND COVERS AND FRAMES AND GRATES TO GRADE ' Frames and covers and frames and grates of existing manholes, inlets, or other facilities shall be adjusted to grade in accordance with the provisions in Section 15 -2.05, "Reconstruction," of the ' Standard Specifications. A. ADJUST MANHOLES TO GRADE 1 Work under this item shall consist of adjusting storm drain and sewer manhole frame and covers to the finished pavement grade. P.C.C. shall be Class A as specified in Section 90 of the Standard Specifications. Frames and covers of existing manholes shall be adjusted to grade in accordance with the provisions in Section 15 -2.05, "Reconstruction," of the Standard Specifications and these Special Provisions. ' 87260 87 -1 January,1990 10 -29 Ir-� u Revised per Addendum N0.1 87260 87 -1 January, 1990 10 -30 Payment for this item shall be at the contract unit price bid for If the Contractor elects to not utilize a raising device, the following method shall be utilized: ' 1. After the asphalt concrete pavement placement has been ' completed, circular holes shall be cut where the manhole ' exists. The I.D. of the circular hole shall be at least 24 inches larger than the O.D. of the manhole. ' 2. The manhole frame and cover shall then be raised to the finished pavement grade. The manhole frame and cover ' shall be suitably blocked and grouted in place to the satisfaction of the Engineer. 3. A concrete collar shall be poured around the manhole frame and cover to within 2 inches of finished pavement grade. Said collar shall have a minimum depth of 8 inches and be placed on 4 -inch A.B. thoroughly compacted. 4. After concrete has cured sufficiently, it shall be tack coated and asphalt concrete shall be placed to finish pavement grade. All manholes shall be thoroughly cleaned of any constructed debris which may have entered due to the Contractor's operation. 87260 87 -1 January, 1990 10 -30 Payment for this item shall be at the contract unit price bid for adjust existing manhole to grade and shall include full compensation for furnishing all labor, materials including asphalt concrete aggregate base, tools, equipment and ' incidentals to accomplish the work as specified herein. No additional compensation shall be allowed. ' B. ADJUST WATER VALVE COVER Covers of existing water valves and survey monuments or other facilities shall be adjusted to grade in accordance with the provisions in Section 15 -2.05, "Reconstruction," of the Standard Specifications and these special provisions. Adjustment of survey monuments or other facilities will be measured and paid for as adjust water valve cover. This work shall consist of adjusting valve covers to finished pavement grade per the utility owner's standards and the following: 87260 87 -1 January, 1990 10 -30 Revised per Addendum No.1 Refinished surfaces that are found to have a coefficient of friction less than 0.35 shall be ground or grooved by the Contractor at his expense in accordance with the applicable requirements in Section 42, "Groove and Grind Pavement," of the Standard Specifications. Concrete shall be cured as provided in Section 90 -7.03, "Curing ' Structures," of the Standard Specifications, except that surfaces of the deck where joints have been modified shall only be cured by the water method. I When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way, shoulder and auxiliary lanes. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right -of -way. 87260 87 -1 0anuary,1990 10 -39 Epoxy- coated bar reinforcing steel shall conform to the requirements ' specified in "Epoxy- Coated Reinforcing Steel" of these special provisions. Modify deck expansion joint will be measured by the linear foot from end to end along the centerline on the modified deck expansion joint. The contract price paid per linear foot for modify deck expansion joint shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in modifying the existing expansion joints (except ' furnishing and installing the epoxy- coated bar reinforcing steel), complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the ' Engineer. 10 -1.30 WATER ' The provision of water for use in performing the various items of work in the contract shall be the Contractor's responsibility. Full compensation for developing a water supply and applying water shall ' be considered as included in the prices bid for the various items of work involving the use of water, and no additional payment will be allowed. 10 SAFETY PERMIT AND TRENCH SAFETY -1.31 The Contractor's attention is directed to the "Construction Safety ' Orders" issued by the Division of Industrial Safety of the State of California and to Sections 6422 and 6424 of the Labor Code. The Contractor shall comply with the requirements of said safety orders and, in accordance with Section 6424, shall obtain a permit from said division authorizing the excavation herein contemplated. I When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way, shoulder and auxiliary lanes. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right -of -way. 87260 87 -1 0anuary,1990 10 -39 I 11 1 1 1 10 -1.32 7 11 I I 1 Revised per Addendum No. 1 Upon completion of the work requiring lane closure, all components of the traffic control system shall be removed from the site of the work and shall become the property of the Contractor. In addition, the Contractor shall submit to the City a copy of the permit along with a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Sections 6422 and 6423 of the Labor Code. If such plan varies from the shoring system standard established by the State of California Division of Industrial Safety, the plans shall be prepared by a registered civil or structural engineer. The safety of the shoring, bracing, or protection installed or provided is the basic responsibility of the Contractor and the Contractor and his engineer shall in no way be relieved of their legal or professional responsibilities for safety of excavations by City's acceptance of plans. CONSTRUCTION STAKING This work shall consist of furnishing and setting construction stakes and marks by the Contractor to establish the lines and grades required for the completion of the work as shown on the plans and as specified in the Standard Specifications and these special provisions. Except as provided herein for establishment of horizontal and vertical control and right of way staking by the Engineer, all other specifications, including the requirements in Section 5 -1.07, "Lines and Grades," of the Standard Specifications, which require the establishment of lines and grades by the Engineer shall not apply to this contract. Before starting any survey work, the Contractor shall submit in writing for approval by the Engineer, the proposed procedures, methods, equipment, and typical stake markings to be used. All procedures, methods, and typical stake markings shall be in accordance with Chapter 11, Construction Surveys, of the Department of Transportation publication entitled "Surveys Manual ". Copies of this portion of the "Surveys Manual" are available to the Contractor, free of charge, at the Department of Transportation, Plans -and Bid Documents counter, Room 39, 1120 N Street, P.O. Box 942874, Sacramento, CA 94274 -0001. Construction staking shall be performed as necessary to control the work. Construction stakes and marks shall be furnished and set with accuracy adequate to assure that the completed work conforms to the lines, grades, and sections shown on the plans. The Engineer will furnish survey data to the Contractor for the construction control surveys - horizontal and vertical, as shown on the plans and as described in Chapter 11, Sections 11 -02 and It- 8726087-1 January,1990 10 -40 Revised per Addendum No.1 ' All submittals and correspondence between the City and the Contractor, related to inspection of the work on this contract, shall be directed to the Engineer. In addition to any inspection required by codes and /or ordinances or these specifications, Contractor shall notify the ' Engineer sufficiently in advance of the permanent concealment of any materials of work. The following list is typical, but is not inclusive of such required inspection: 1. Foundation /subgrade material, footing and slab beds. 2. Reinforcing for concrete, masonry and plaster. 3. Contact surface of concrete forms. ' 4. Concrete and masonry surfaces. 5. Piping and conduit. 6. Finish grade prior to paving, seeding or planting. 7. All soil mixes prior to installation. 8. All chemicals and amendments prior to installation or application. 1 Work or materials concealed or performed without the prior notice specified above will be subject to such tests or exposure as may be necessary to prove to the satisfaction of the ' Inspector that all materials used and the work done are in conformance with the contract documents. All labor and ' equipment necessary for exposing and testing shall be furnished and paid for by the Contractor. The Contractor shall replace, without additional cost to the City, any materials or work damaged by exposure or testing. ' B. Testing Laboratory. The Engineer shall be responsible for providing a certified laboratory for the testing of all materials ' and work on this project. The Contractor shall notify the Engineer in less than two (2) working days in advance of any required materials testing. 10 -1.39 SHOP DRAWINGS Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared by ' the Contractor or any subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the work. The Contractor shall review, stamp with his approval, and submit for review by the Engineer, six (6) copies of shop drawings for the following items: ' 1. Asphalt Concrete ' 87260 87 -1 January,1990 10 -46 • Revised per Addendum No. t i representative and returned to the Contractor with a notation indicating that resubmittal is not required. The review by the Engineer is only of general conformance with the design concept of the project, and general compliance with the plans and specifications, and shall not be construed as relieving the Contractor of the full responsibility for providing materials, equipment, and work required by the Contract; the proper fitting and construction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of ' construction; and performing the work in a safe manner. These items represent the minimum and additional may be requested by the Engineer as required. ' 87260 87 -1 7anuary,1990 10 -47 1 2. Aggregate Base 3. Pipe 4. Conduit 5. Conductors ' 6. Street Lights 7. Traffic Signal Equipment ' Drawings shall show the name of the project, the name of the Contractor, and, if any, the name of suppliers, manufacturers, and subcontractors. Shop drawings shall be submitted with promptness ' and in orderly sequence so as to cause no delay in prosection of the work. Drawings shall be submitted on 8 -1/2" by 11" or 24" by 36" sheet size only. By submitting shop drawings, the Contractor represents that materials, equipment, and other work shown thereon conform to the plans and specifications, except for the deviations set forth in the 1 letter of transmittal. Within fifteen (15) calendar days after receipt of said drawings, the Engineer will return two (2) prints of the drawings to the Contractor ' with his comments noted thereon. If so noted by the Engineer, the Contractor shall correct the drawings and resubmit them in the same ' manner as specified for the original submittal. The Contractor shall direct specific attention in the latter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the City's representative on previous submittals. No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City's representative and returned to the Contractor with a notation indicating that resubmittal is not required. The review by the Engineer is only of general conformance with the design concept of the project, and general compliance with the plans and specifications, and shall not be construed as relieving the Contractor of the full responsibility for providing materials, equipment, and work required by the Contract; the proper fitting and construction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of ' construction; and performing the work in a safe manner. These items represent the minimum and additional may be requested by the Engineer as required. ' 87260 87 -1 7anuary,1990 10 -47 1 Revised per Addendum No. 1 8. Control of water and dewatering during construction and erosion control. Payment for Clearing and Grubbing shall be at the contract lump sum price and shall be full compensation for furnishing all labor, materials, equipment, and incidentals necessary to perform the items of work. No additional compensation shall be allowed. 10 -1.43 EARTHWORK ' If structure excavation or structure backfill involved in bridges is not otherwise designated by type, and payment for such structure excavation or structure backfill has not otherwise been provided for in the Standard Specifications or these special provisions, such structure excavation or structure backfill will be paid for at the contract price per cubic yard for structure excavation (bridge) or structure backfill (bridge). I8726087-1 January,1990 10 -50 Earthwork shall conform to the provisions in Section 19, "Earthwork;' of the Standard Specifications and these special provisions. A settlement period is required for the bridge approach enbankment(s) at the bridge(s) listed in the following table. Settlement Bridge Name or Number Abutment Number Period, Days Newport Beach Channel Bridge 6 45 The duration of the required settlement period at each location will be determined by the Engineer and will not exceed the number of days listed in the tables of settlement data. At the locations and to the limits shown on the plans, material below the bottom of the retaining wall footings shall be removed and replaced with structure backfill material in accordance with the placing and compacting requirements for structure backfill. The relative compaction shall be not less than 95 percent. Removal of the material will be measured and paid for as structure excavation (retaining wall) and furnishing, placing and compacting the replacement material will be measured and paid for as structure backfill (retaining wall). At the footings where material is removed and replaced, as described in the above paragraph, a relative compaction of not less than 95 percent shall be obtained for a minimum depth of 0.5 foot below the bottom of excavation. Pervious backfill material within the limits of payment for retaining walls will be measured and paid for as structure backfill (retaining wall). ' If structure excavation or structure backfill involved in bridges is not otherwise designated by type, and payment for such structure excavation or structure backfill has not otherwise been provided for in the Standard Specifications or these special provisions, such structure excavation or structure backfill will be paid for at the contract price per cubic yard for structure excavation (bridge) or structure backfill (bridge). I8726087-1 January,1990 10 -50 Revised per Addendum No.1 95% of the maximum laboratory density as determined by the ASTM compaction method described below. Where fill abuts an existing slope, benching shall be performed as the compacted fill is brought to final grade. 3. Fills, consisting of soil approved by the Engineer, shall be placed in compacted horizontal layers (maximum 8" thick) with approved compaction equipment. Non- organic portions of the excavated on -site materials are considered satisfactory for reuse in the compacted fills. All imported fill shall be examined by the Engineer prior to use in fill areas. Cobbles larger than 8 inches in diameter shall not be used in the compacted fills. 4. The fill shall be compacted to at least 90% of the maximum laboratory density for the material used. The subgrade beneath proposed pavement areas shall be processed to a depth of 6 inches and recompacted to at least 90% relative compaction. The maximum density should be determined by the ASTM D1557 -70 or California Method 216. 5. Observations and field tests shall be performed during grading to assist the contractor in obtaining the required degree of compaction and the proper moisture content. Where compac- tion of less than the required is indicated, additional compactive effort shall be made with adjustment of the moisture content as necessary until the required compaction is obtained. 6. Wherever, in the opinion of the Engineer, an unstable condition is being created, either by cutting or filling, the work shall not proceed in that area until an investigation has been made and the grading plan revised if found necessary. 7. Proposed cut and fill slopes shall not exceed 2.1 (horizontal to vertical). Payment will be made for Roadway fill at the contract unit price per cubic yard of material placed as determined by the project cross sections. Payment will include compensation for furnishing all labor, materials, tools and equipment and doing all work involved in fill construction for the cost of all grading, shaping, compacting or consolidating and no additional compensation shall be allowed. ' 10 -1.46 DELETED I i 87260 87 -1 7anuary,1990 10 -52 R Revised per Addendum No. t 10 -1.47 DELETED 10 -1.48 REMOVE MISCELLANEOUS CONCRETE Remove miscellaneous concrete shall conform to the provisions in Section 15 -3 of the Standard Specifications and these special provisions. These items include the removal and disposal of all P.C.C. combination curb and gutter, gutter, cross gutter, sidewalks, driveways and other miscellaneous concrete removals shown on the construction plans. Payment for these removals shall be made at the contract unit price per square foot for cross - gutter, sidewalk and driveway or linear foot for curb and curb and gutter removed and shall include all labor, materials and equipment for sawcutting, removal, and disposal. No additional compensation shall be allowed. 10 -1.49 P.C.C. CURB AND CURB AND GUTTER This item includes the construction of Type A2 -8 curb and gutter, Type Al -6 and Type A2 -6 curb and gutter per Caltrans standard plan N8 -A and to the line and grade as shown on the project plans. The construction of these items shall be in conformance with Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifi- cations and these special provisions. I I I 11 I 87260 87 -1 January, 1990 I 10 -53 R Revised per Addendum No.1 1 10 -1.51 P.C.C. WHEELCHAIR RAMPS The work under this item includes construction of P.C.C. wheelchair ramps per State Standard Plans and as noted on the plans. The construction of this item shall be in accordance with Section 73 -1.06, "Sidewalks, Gutter Depressions, Island Paving, Wheelchair Ramp and Driveway Construction," of the Standard Specifications and these special provisions and to the line and grades as shown on the project plans. Concrete shall be Class A per Section 90, "Portland Cement Concrete," of the Standard Specifications. Flyash additives and /or substitutes shall not be permitted. Payment for P.C.C. wheelchair ramps shall be made at the contract unit price per square foot in place and shall include all laobr, materials, forms, curing compound and equipment to complete the construction as required on the plans. No additional compensation shall be allowed. 10 -1.52 P.C.C. CROSS GUTTER AND "V" GUTTER The construction of these items shall be in accordance with Section 73 -1.06, "Sidewalks, Gutter Depression, Island Paving, Wheelchair Ramp and Driveway Construction," and Section 52, "Reinforcement," of the Standard Specifications, the applicable portions of the City of Newport Beach Standard Drawing 185 -L, and the details shown on the project plans. Concrete shall be Class A per Section 90, "Portland Cement Concrete," of the Standard Specifications. Flyash additives and /or substitutes shall not be permitted. "V" Payment for cross gutter and gutter shall be made at the contract unit price per square foot in place and shall include all labor, materials, forms, curing compound, and equipment required to complete the construction as required on the plans. No additional compensation will be allowed. i10 -1.53 P.C.C. DRIVEWAYS The work under this item includes construction of P.C.C. driveways per Standard Plans as noted on the plans. The construction of this item shall be in accordance with Section 73 -1.06, "Sidewalks, Gutter Depressions, Island Paving, Wheelchair Ramp and Driveway Construction," of the Standard Specifications and these special provisions and to the line and grades as shown on the project plans. 87260 87 -1 January,1990 10 -55 GENERAL Revised per Addendum No. 1 ' An epoxy adhesive shall be applied to the surfaces of the existing bent cap before the portland cement concrete leveling courses are placed. The area to be covered shall be surface dry and the ambient temperature shall be 50 degree F. or above when the adhesive is applied. The epoxy adhesive shall be furnished and applied in accordance with the provisions in Sections 95 -1, "General," and 95 -2.03, "Epoxy Resin Adhesive for Bonding New Concrete to Old Concrete," of the Standard Specifications. 'Whenever the ambient temperature is below 65 degree F., Type II epoxy shall be used. The exact rate of applying epoxy adhesive shall be ordered by the Engineer. The adhesive shall be worked onto the surface with stiff brushes or equal. F.ALSEWORK Falsework shall be designed and constructed in conformance with the requirements in Section 51 -1.06, "Falsework," of the Standard Specifications and these special provisions. The eighth paragraph in subsection, "Timber," of Section 51- 1.06.A(2), "Design Stresses, Loadings, and Deflections," of the Standard Specifications is amended to read: i Thg maximum modulus of elasticity (E) for timber shall be 1.6 x ■ 10 psi. The paragraph of "Manufactured Assemblies," in Section 51- 1.06A(2), "Design Stresses, Loadings, and Deflections," of the Standard Specifications is amended to read: The maximum loading and deflections used on jacks, brackets, columns, joints and other manufactured devices shall not exceed the manufacturer's recommendations except that the dead load deflection of such joints used at locations other than uder deck slabs between girders shall not exceed 1/240 of their spans. If requested by the Engineer, the Contractor shall furnish engineering data from manufacturer verifying the manufacturer's recommendations or shall perform tests as necessary to demonstrate the adequacy of any such device proposed to use. PERMANENT STEEL DECK FORMS Forms for the deck slabs for the interior bays of the Newport Beach Channel Bridge in Spans 1, 2, 3, and 4, at the option of the Contractor, shall either be constructed and removed as provided in Section 51 -1.05, "Forms," of the Standard Specifications, or shall be 1 constructed and left in place in accordance with the requirements of these special provisions. At the Contractor's option, stay -in -place forming systems shall be galvanized steel or shall be of materials other than galvanized steel with durability, performance and appearance equal to or better than the specified steel stay -in -place forms. Such forming systems shall be submitted for approval by the Engineer. 87260 87 -1 January,1990 10 -64 Revised per Addendum No. 1 Permanent steel bridge deck forms and supports shall be steel conforming to ASTM Designation: A 446 (Grade A through E) having a coating designation G165. The forms shall be mortar - tight, true to line and grade, and of sufficient strength to support the loads applied. Detailed working drawings for forms shall be submitted to the Engineer for approval as provided in Section 5 -1.02, "Plans and Working Drawings," of the Standard Specifications. Three sets of drawings shall be submitted. These drawings shall show the grade of steel, the physical and section properties for all deck members, the method of support and grade adjustment, accomodation for skew, and methods of sealing against grout leaks. The design of steel forms shall be based on the combined dead load of the forms, reinforcement and plastic concrete plus an allowance for all anticipated construction loads. The allowance for construction loads shall be not less than 50 pounds per square foot. The combined dead load shall be assumed to be not less than 160 pounds per cubic foot for normal concrete and not less than 130 pounds per cubic foot for lightweight concrete. Physical design properties shall be computed in accordance with the requirements of the AISI specification for the "Design of Cold Formed Steel Structural Members ". The maximum allowable stresses and deflections used in the design of steel forms shall be as follows: I Tensile stress shall not exceed 0.725 of the specified yield strength of the material furnished or 36,000 pounds per square inch. Deflection due to dead load shall not exceed 1/180 of form span or 1/2 inch, whichever is less. In no case shall the dead load for deflection calculations be less than 120 pounds per square foot total. Form camber, used at the option of the Contractor, shall be based on the actual dead load condition. Camber shall not be used to compensate for deflection in excess of the allowable limits. IThe design span of the form sheets shall be the clear span of the form plus 2 inches measured parallel to the form flutes. Permanent steel deck forms shall not be used in panels where longitudinal construction joints are located between girders unless additional supports are placed under the joint. Permanent steel deck forms shall not be welded to the flanges of girders. Permanent steel deck forms shall not interfere with the movement at deck expansion joints. ' The clearance between the surface of permanent forms and any bar reinforcement shall be not less than one inch and the configuration of the forms shall be such that the weight of deck slab is not more than 110 percent of the weight of the total deck slab as dimensioned on the plans. 87260 87 -1 7anuary,1990 10 -65 610 -1.67 SEALING JOINTS r+eviseo per Addendum No.1 Joints in concrete bridge decks and joints between concrete structures and concrete approach slabs shall be sealed in conformance with the details shown on the plans, the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. When ordered by the Engineer, a joint seal larger than called for by the Movement Rating shown on the plans shall be furnished and installed. Payment to the Contractor for furnishing the larger seal and for saw cutting the increment of additional depth of groove required will be determined as provided in Section 4 -1.03, "Changes," of the Standard Specifications. 10 -1.68 REINFORCEMENT I Reinforcement shall conform to the provisions in Section 52, "Reinforcement," of the Standard Specifications and these special provisions. IGENERAL The first paragraph of Section 52 -1.08, "Splicing," of the Standard Specifications is amended to read: Splicing of reinforcing bars shall be by lapping, butt welding, mechanical butt splicing, or by mechanical lap splicing, at the option of the Contractor. Reinforcing bars Nos. 14 and 18 shall not be spliced by lapping. The subparagraph of the sixth paragraph of Section 52 -1.08, "Splicing," of the Standard Specifications is amended to read: The mechanical lap splice shall be a unit consisting of a sleeve, in which the reinforcing bars are positioned and a wedge driven through holes in the sleeve and between the reinforcing bars. The mechanical lap splice shall only be used for splicing non -epoxy coated deformed I reinforcing bars Nos. 4, 5 and 6. One mechancial lap splice unit per splice shall be used. The third paragraph of Section 52- 1.08C(2), "Sleeve- Threaded Mechanical Butt Splices," of the Standard Specifications is amended to read: After completion of assembly the splice shall be tightened to a torque value recommended by the manufacturer for reinforcing bar No. 7 and smaller and to a torque value of not less than 200 -foot pounds for reinforcing bar No. 8 or larger. 10 -1.69 EPDXY - COATED REINFORCING STEEL Epoxy- coated reinforcing steel shall conform to the provisions in Section 52, "Reinforcement," of the Standard Specifications and these special provisions. All bar reinforcing steel in the leveling courses over the existing bent caps and in areas where expansion joints are to be modified shall be ' epoxy coated. 87260 87 -1 ' January,1990 10 -74 I I 1 10 -1.70 I I Revised per Addendum No.1 TREAT BRIDGE DECKS Treating bridge decks shall consist of preparing the deck surfaces and furnishing and applying a penetrating sealer in accordance with details shown on the plans and the requirements of these special provisions. Attention is directed to "Order of Work" of these special provisions. The surfaces to be treated include surfaces of the bridge decks of the Newport Beach Channel Bridge and a portion of the Newport Beach Channel Bridge (Widen). The deck treatment area of the new widening shall be a 6 -inch wide strip of the closure pour adjacent to the existing bridge deck. Attention is directed to "Deck Closure Pour" in "Concrete Structures" of these special provisions. Before starting deck treatment work on the project, the Contractor shall submit, for approval by the Engineer, a program for public safety associated with use of methacrylate resin during the 1 construction of the project. Such program shall identify materials to be used, equipment and methods to be used, anticipated airborne emissions, and shall include an emissions monitoring plan. The program shall be prepared and signed by a certified industrial hygienist and shall include monitoring work done on the test area. Emissions shall be monitored by a certified industrial hygienist provided by the Contractor. The emissions shall be monitor at a maximum of 4 points including the point of missing and the point of nearest public contact, as determined by the Engineer. The Contractor shall not perform any deck treatment of the project, other than that specifically authorized in writing by the Engineer, until such program has been approved. If the measures being taken by the Contractor are inadequate to provide for public safety associated with use of methacrylate resin, the Engineer will direct the Contractor to revise his operations and his public safety program. Such directions will be in writing and will specify the items of work for which the Contractor's program for I public safety associated with use of methacrylate resin are inadequate. No further work shall be performed on said items until the public safety measures are adquate and, if required, a revised program for public safety associated with use of methacrylate resin has been approved. The Engineer will notify the Contractor of the approval or rejection of any submitted or revised program for public safety associated with use of methacrylate resin in not more than 10 working days. At the completion of work, a report by the certified industrial hygientist with results of the emission monitoring plan shall be furnished to the Engineer. 87260 87 -1 January,1990 10 -75 1 I I 1 I I I !. Revised per Addendum No.1 The State will not be liable to the Contractor for failure to approve all or any portion of an originally submitted or revised program for public safety associated with use of methacrylate resin, nor for any delays to the work due to the Contractor's failure to submit an acceptable program for public safety associated with use of methacrylate resin. Concrete surfaces shall be prepared by abrasive blasting of asphaltic or petroleum products and concrete curing seals from the deck surface, by manual or power sweeping the entire deck surface to be treated, and by blowing all loose material from visible cracks using high pressure air. The material used for treating the concrete shall be a low odor, high molecular weight methacrylate resin with a maximum volatile content of 30 percent, when tested in accordance with ASTM Designation: D 2369, and conforming to the following: HIGH MOLECULAR WEIGHT METHACRYLATE (HMWM) RESIN Viscosity: 25 cp, maximum, (Brookfield RVT ASTM D 2393 W /UL adaptor, 50 RPM at 77 degree F.) Specific Gravity: 1.01 to 1.10 at 77 degree F. ASTM D 2849 Flash Point: 180 degree F., minimum ASTM D 3278 Vapor Pressure: 1.0 mm Hg, maximum, at 77 degree F. ASTM D 323 Tack -Free Time: 400 minutes, maximum at 77 degree F. California Test 551 PCC Saturated 500 psi, minimum at 24 hours California Surface -Dry and 70 +2 degree F. Test 551 Strength A compatible promoter /initiator system shall be capable of providing a resin gel time of not less than 40 minutes nor more than 1 1/2 hours at the temperature of application. Gel time shall be adjusted to compensate for the changes in temperature throughout treatment application. 87260 87 -1 1 January,1990 10 -76 Revised per Addendum No.1 process of deck treatment or replaced at the Contractor's expense. The prepared area shall be dry and the surface temperature shall not exceed 100 degree F. when the resin is applied. The rate of application of promoted /initiated 1 100 square feet per gallon; the exact 1 the Engineer. i Revised per Addendum No.1 process of deck treatment or replaced at the Contractor's expense. The prepared area shall be dry and the surface temperature shall not exceed 100 degree F. when the resin is applied. The rate of application of promoted /initiated resin shall be approximately 100 square feet per gallon; the exact rate shall be determined by the Engineer. The deck surfaces to be treated shall be flooded with resin, allowing penetration into the concrete and filling of all cracks. The treatment shall be applied within 5 minutes after complete mixing. A significant increase in viscosity shall be cause for rejection. Excess material shall be redistributed by squeegee or brooms within 10 minutes after application. After the resin has been applied, at least 20 minute shall elapse before applying sand. The sand shall be No. 8/20 commercial quality dry blast sand and shall be applied at a rate of approximately 2 pounds of dry sand per square yard. Excess sand shall be removed from the deck surface by vacuuming or sweeping prior to opening to traffic. Treating bridge deck surfaces will be measured by the square foot based on plan dimensions and will be paid for as treat bridge deck. Furnishing the high molecular weight methacrylate resin will be measured by the gallon of mixed material actually placed and will be paid for as furnish bridge deck treatment material. No payment will be made for material wasted or not used in the work. The contract price paid per square foot for treat bridge deck shall 1 include full compensation for furnishing all labor, materials, (including sand, but excluding treatment material), tools, equipment and incidentals, and for doing all the work involved in preparing concrete surfaces, test sealing, and applying treatment material as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. The contract price paid per gallon for furnish bridge deck treatment material shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to furnish the bridge deck treatment material to the site of the work, ready for application, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. ' Full compensation for compliance with the requirements for the program for public safety associated with use of methacrylate resin shall be considered as included in the contract prices paid for the I items of work involving treating bridge decks and no additional compensation will be allowed therefor. 87260 87 -1 7anuary,1990 10 -78 I Revised per IAddendum No.1 10 -1.71 TIMBER PILE DOLPHINS 1 This work shall consist of constructing timber pile dolphins in accordance with the details shown on the plans and the requirements specified in these special provisions. I Piles for timber pile dolphins shall conform to the requirements for timber piles in "Piling' of these special provisions, Bolts, nuts, washers and other miscellaneous metal required to construct the timber pile dolphins shall conform to the requirements specified in "Miscellaneous Bridge Metal" of these special provisions. Galvanized sheet metal shall be commercial quality. Sheet metal shall be installed to cover piles as shown on the plans. Sheet metal shall be bent down around the sides of each pile top and nailed or stapled on the edges. Galvanized wire rope shall be commercial quality. Timber pile dolphin will be measured and paid for by the unit of actual count. The contract unit price paid for timber pile dolphin shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for all the work involved in constructing timber pile dolphins, including driving timber piles, and furnishing and installing miscellaneous metal and hardware, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10 -1.72 REINFORCED CONCRETE PIPE Reinforced concrete pipe shall conform to the provisions in Section 65, "Reinforced Concrete Pipe," of the Standard Specifications and these special provisions. 1 Except as otherwise designated by classification on the plans or in the specifications, joints for culvert and drainage pipes shall conform to the plans or specifications for standard joints. Circular reinforced concrete pipe shall be, at the option of the Contractor, either reinforced concrete pipe conforming to Section I 8726087-1 January,1990 10 -79 Revised per Addendum No.1 65- 1.02A, "Circular Reinforced Concrete Pipe," of the Standard Specifications or circular reinforced concrete pipe manufactured in accordance with the requirements of the direct design method of these special provisions. DIRECT DESIGN METHOD PIPE Direct design method circular reinforced concrete pipe shall be of the wall thickness and reinforcement, selected by the Contractor in accordance with the details for direct design method pipe shown on the plans and the following requirements: Direct design method pipe shall be installed in accordance with the method of excavation, bedding and backfill shown on the plans and designated for the particular pipe design selected by the Contractor. 1 Direct design method pipe shall conform to the specifications of AASHTO Designation: M 170 except as shown on the plan or ' provided in these special provisions. The 3 -edge bearing test shall not apply to direct design method pipe. The wall thickness of "Wall X" circular reinforced concrete pipe shall not vary more than 1/4 inch from the wall thickness shown on the plans. SHOP PLANS Shop plans conforming to Section 5 -1.02, "Plans and Working Drawings," of the Standard Specifications shall be submitted to the Engineer for approval. For initial review, 3 sets shall be submitted to 1 the Office of Structures Design, Documents Unit, P.O. Box 942874, Sacramento, CA 94274 -0001. After review, 6 sets shall be submitted to the said Office for final approval and for use during construction. ' Shop plans shall include the wall thickness; type, size, location, and configuration of the reinforcement; and a list of station locations for the pipes, including the size, wall type, maximum height of cover, and method of excavation, bedding and backfill for each location. CONCRETE The Contractor shall determine the mix proportions for all concrete to be used in direct design method pipe. Before using concrete or in advance of revising approved mix proportions the Contractor shall submit in writing a copy of the concrete mix design to the Engineer for approval. 87260 87 -1 January,1990 10 -79 (a) I I I 11 I 11 i I I 1 u I 1 I Revised per Addendum No.1 All labor, materials, tools and equipment for the testing shall be furnished at the expense of the Contractor. J. Disinfecting Water Mains. Water mains may be disinfected during the leakage test, providing satisfactory means acceptable to the Engineer are provided to protect against chlorine damage in case of a leak. Otherwise water mains shall be chlorinated and flushed after the Engineer's acceptance for leakage and before connection to the existing system. Chlorinated water shall be retained in the pipeline for at least 24 hours. After the chlorine treated water has been retained for the required time, the chlorine residual at the pipe extremities and at other representative points shall be at least 25 ppm. This procedure shall be repeated, if necessary, until samples of water show the mains to be in a sterile condition. Valves and other appurtenances shall be operated while the pipeline is filled with chlorinated water. All disinfecting procedures, unless otherwise specified, shall be in accordance with the AWWA Standard C 601, "Standard for Disinfecting Water Main." 10 -1.76 DELETED 10 -1.77 VALVE VAULTS CONSTRUCTION A. General. All below -grade valves 16 inches in diameter and larger shall be installed in reinforced concrete vaults in accordance with this specification. Vaults shall meet the sizing, access and loading constraints detailed herein below. Vault sizing may vary depending upon the type of valve and the appurtenant piping and fittings to be placed in the vault. In all cases, vaults shall be sized to provide ample space surrounding the valve, its flanges or maintainable and operable facility. 8726087-1 January,1990 orow-W • Revised per Addendum No. t i rAbove -grade PVC vent stacks shall be as manufactured by Armour -Cast Company (formerly UTEL Supply Co.). Vent stack ' kits shall be UPSRK -8. PVC materials shall have an ultra- violet light protection additive such as "carbon- black ". White, unprotected PVC is not acceptable. The riser shall be bolted to the riser coupling using 3/8 -inch stainless steel toggle bolts, ' four places minimum on each. 1. Vault Hardware & Appurtenances. All vaults shall be equipped I with an interior, wall- mounted ladder. The ladder shall be equipped with side rail extensions (two) as manufactured by Brooks Products, Specialty Dept. or other pre- approved manufacturers equivalent. The ladder shall meet all of the dimensional, loading and material requirements of OSHA. Steel ladders and all appurtenant mounting hardware shall be hot -dip galvanized after fabrication. The bottom of the ladder shall be 1 a minimum of six - inches off of the vault floor. Floor mounts are not acceptable. J. Shop & Fabrication Drawing Submittals. Complete and detailed shop and fabrication drawings shall be submitted to the Newport Beach Utilities Department for approval prior to construction. Drawings shall indicate all vault details and ' appurtenant material fabrication details, dimensions and manufacturers product data. Materials not approved in advance by the City shall be subject to rejection. ' 87260 87 -1 January,1990 10 -89 K. Payment. The contract lump sum price or prices paid for water vault construction shall include water line and valve vault construction in connection with work shown on Sheet U -1, Utility Plan. Full compensation for hauling and stockpiling materials shall be considered as included in the contract price for the item 1 requiring the material to be salvaged, and no additional compensation will be allowed therefor. 10 -1.78 ROCK SLOPE PROTECTION Rock slope protection shall conform to the provisions in Section 72, "Rock Slope Protection," of the Standard Specifications. 10 -1.79 MISCELLANEOUS BRIDGE METAL Miscellaneous metal shall conform to the provisions in Section 75, "Miscellaneous Metal," of the Standard Specifications and these special provisions. ' 87260 87 -1 January,1990 10 -89 H NEWPORT BLVD. WIDENING C -2642 PRE -BID CONFERENCE 10:00 a.m., AUGUST 10, 1990 ATTENDANCE: Steve Badam, City of Newport Beach, Public Works Frank Imas, S.A. Healy ' Jack Immel, Griffith Company Bob Kratz, Value Redevelopment Construction Denise Leibold, Guild Construction W. Lohse, Caltrans Construction Jesus Michel, Williamson & Schmid Sheri Morrison, Caltrans Design Douglas Ridgeway, Griffith Company Jim Townsend, Sully Miller John Wolter, City of Newport Beach IINTRODUCTION 1 - PROJECT OVERVIEW Project overview was given by John Wolter; Project Manager ' for the City of Newport Beach. The Plans and Specifications for project were prepared by Williamson & Schmid, Consulting Engineers, under direction of Jesus Michel. The Bridge Plans were prepared by the CALTRANS Bridge Department, Sheri Morrison, project engineer. The construction project will be administered by the City of Newport Beach, under an ' encroachment permit from CALTRANS. Ron Strungs and W. Lohse will represent CALTRANS Bridge Department during construction. Major concern is the maintenance of pedestrian, bicycle and vehicle traffic during construction. Jesus Michel reviewed project phasing which addressed that concern. I An addendum will be prepared and mailed to all plan holders. The addendum involves changes to two bridge plan sheets, one additional Bridge Plan Sheet for earthquake retrofit to 1 existing bridge, changes to signal plan sheets regarding modulated light signal deflection system, revised proposal quantities (new proposal form included in addendum), 30 additional working days to contract time of completion and several corrections to the special provisions. IQUESTIONS AND ANSWERS 1. What is the Caltrans Encroachment Cost? It is estimated that there will be a $15,000 initial deposit required by CALTRANS. That cost and any I • PreBid Conference continued additional costs are the responsibilities of the Contractor. 2. Are there other permits /fees? The City has obtained permits from the California Coastal Commission and the U.S. Coast Guard. The Contractor will be required to obtain all other permits and pay associated fees such as City business license, City building and disposal permits, County disposal permits and California Reg. Water Quality Control Board, Erosion Control Plan. Also, included in the Bid should I be any necessary permits involved in demolition and clean -up of the gas station site. 3. Who will be the Bridge Resident Engineer? Greg Deist will be the Resident Engineer and Al Binsfield will be the Chief Inspector for the City. ' 4. Are full size plans available? Full size plans may be purchased for 5110.00 /set from ' the City. 5. Will the proposal sheet be revised by the addendum? ' Yes, a new Bid Proposal Sheet for the entire project will be included in the addendum. 1 Meeting adjourned at 10:50 a.m. I I I 11 87260Specs PreBid Conf. Page 2 of 3 8/15/90 IPreBid Conference continued NEWPORT BLVD. WIDENING C -2642 PRE -BID CONFERENCE AUGUST 10, 1990, 10:00 a.m. Steve Badam, City of Newport Beach, (714) 644 -3311 Frank Imas, S.A. Healy, (714) 350 -7800 Jack Immel, Griffith Company, (714) 549 -2291 Bob Kratz, Value Redevelopment Construction, (213) Denise Leibold, Guild Construction, (714) 970 -1180 W. Lohse, Caltrans Construction, (714) 472 -0624 I Jesus Michel, Williamson & Schmid, (714) 261 -2222 Sheri Morrison, Caltrans Design, (714) 954 -0605 Douglas Ridgeway, Griffith Company, (714) 549 -2291 Jim Townsend, Sully Miller (714) 639 -1400 John Wolter, City of Newport Beach, (714) 644 -3311 I I 1] I I 693 -2263 87260Specs PreBid Conf. Page 3 of 3 8/15/90 693 -2263 E ] DEPARTMENT OF TRANSPORTATION (CALTRANS) ' ENCROACHMENT PERMIT DM- M-P -202A (REV 2/82) In compliance with (check one): X Your application of July 20, 1990 Utility Notice No. dated X Agreement No. 12 -037 Permit No. 1290 -NMC -0567 Dist /Co /Rte /PM 12 -ORA- 055 - 0.0/0.3 Date: August 15, 1990 Fee Paid Deposit $Exempt $ Bond Amount: Bond Company: Bond Number: Charge EA 018793 Act. 133 PERMITTEE ' R/W Contract No. dated the following, PERMISSION TO: City of Newport Beach GRANTED to: 3300 Newport Boulevard Enter the State Newport Beach, CA 92663 Attention: John Wolter widening of Newport Boulevard Permit No. 1290 -NMC -0567 Dist /Co /Rte /PM 12 -ORA- 055 - 0.0/0.3 Date: August 15, 1990 Fee Paid Deposit $Exempt $ Bond Amount: Bond Company: Bond Number: Charge EA 018793 Act. 133 PERMITTEE ' and subject to the following, PERMISSION IS HEREBY GRANTED to: Enter the State right -of -way to construct widening of Newport Boulevard ' from 32nd Street to Pacific Coast Highway, including new pavement, A.C. overlay, curb and gutter, sidewalk, median paving and landscaping, bike trail, street lights, storm drain, water line relocations, signal installations, bridge widening, ramp reconstruction, gas station demolition and gas tank removal, all in accordance with State Standard Specifications, attached Special Provisions and Permit Plans dated August 15, 1990. 1 I [1 Permittee shall notify the State Representatives by calling BOB CURL at 714/854 -8195, LARRY KELLERMAN at 714/261 -2381 and WILLIE LOHSE at 714/472 -0624 between 0700 and 0900 a minimum of two working days prior to the initial start of work. continued on page 2 The following attachments are also included as part of this I In addition to fee the penmittee will permit (Check applicable): be billed actual costs for: % Yes No General Provisions Yes % No Review Yes X No Utility Maintenance Provisions I Yes X No Inspection X Yes No Special Provisions X Yes _ No Field Work by Cattrans Mtce forces. Yes X No A Cal -OSHA permit is required prior to beginning Work. Permit No: Yes X No The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before December 31, 1991. This permit is to be strictly construed and not other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. Distribution: APPROVED: Orange (2) Kellerman -const l KEITH E. McKEAN, District Director W. Lohse-const Curl G. Alexander -Lab BY HOC LMER G. BENGT is ct Permit En fSeer The following Special Provisions are applicable: 1- Permittee shall arrange a pre - construction meeting with his contractors and the State Representatives to insure a complete understanding of the work and the permit requirements. 2- All traffic control shall be provided, installed and maintained by the Permittee in accordance with State Standards and subject to the approval of the State Representatives. 3- California Highway Patrol Area Commander shall be notified ' at least 48 hours prior to implementing traffic control. 4- The Orange County Transit District shall be notified at least 48 hours prior to implementing traffic control at 638 -9000 I ext 4130. 5- Any traffic control which requires lane closures shall be in compliance with the appropriate traffic control plan. Where required by the plan, the use of a flashing arrowboard is MANDATORY. 6- Orange vests and hard hats shall be worn at all times while working within State right -of -way. 7- A minimum of two days prior to the start of any excavation authorized by this Permit, Permittee shall notify UNDERGROUND SERVICE ALERT at 1 -800- 422 -4133. 8- In the event of any discrepancy between the Permit Plans submitted by the Permittee and the Special Provisions, the Special Provisions shall prevail. 9- Immediately following completion of the work permitted herein, the Permittee shall fill out and mail the Notice of ' Completion card attached to this permit. 10 -The State Representatives shall review and give written concurrence to all change orders related to public safety and convenience, and design or specification changes for work within the Caltrans' ultimate right -of -way. This is in lieu of encroachment permit rider. 11 -If the work authorized by this permit is to be performed by contractors forces for a Public Agency, the Permittee's contractor shall furnish the State with a signed application ' requesting a separate Caltrans permit authorizing the contractor to perform the work within the State Highway right of way for the Permittee. ' The Permittee's contractor will be required to reimburse the State for the cost incurred for engineering inspection of the work within the State right of way and other permit related field work performed by Caltrans Maintenance Forces. Required fee: $15,000.00. The Permittee's contractor is required to have the signed original permit or a copy with all Special Provisions and plans stamped CALTRANS PERMIT PLANS dated August 15, 1990 at the job -site at all times while work is being conducted. ' 2 I 11 I I [1 J i 1 I DEPARTMENT OF 111"SPORTAMON ENCROACHMENT PERMIT GENERAL PROVISIONS m1- U- P$02B0tw. 1/891 I. Anthoeltr. Each Encroachment Per. mit Is Issued In accordance with Chap- ter S of Division 1, commencing with Section 860, et seq, of the Streets and Highways Code (SHM 2. Rasocatbm Except as otherwise pro- vided for public corporations, fran- chise holden and utWUes, En- croachment Permits are revocable on live (5) days' notice ]best General Pro. visions, Utility Maintenance Pro- visions, and any Encroachment Permit Issued hereunder are revocable or sub- Jeer to modification or abrogation at airy Ume without prejudlor however. to Prior right& including those evlden. red bYJQInt use ttgreementa franchise rights. reserved rights. or any other agreements for operating purposes In the State highway right-of-way. 9. Responsible Party: No party other than the named permitter or their agent Is authorized to work under any permit 4. Acceptance of ProvYbae It Is understood and agreed by the permit- tee that the doing of any work under this permit shall constitute an accep- tance of the provisions of this permit and all attachments. 5. NotlwPrlort lltardagWorle Before starting work under the Encroach- ment Permit the permltteeshall notify the designated Department represen- tative two (2) working days prior to InF tial start of work When work has been Interrupted for more than five (5) work - Ing days, an additional 24 -hour notification Is required before restart_ hug work unless a pre - arranged agree ment has been made with the Department's representative Unless otherwise specified all work shall be performed on weekdays and normal working hours of the Depart- ment's � representative 6. Standards M Construction Ali work Performed within the highway shall conform to recognised standards of construction and the current Depart- ment Standard Specifi allow, Stan. dard Plans and Manual on High and I.rW Risk Facilities Within Highway Rights-of-way and any Special Pro- visions relating thereto. 7. Inspection and Approval by the Departmmh Al work shall be subject to monitoring Inspection, and approval by the Department 7be per, mlttee shall request a Mal Inspection and acceptance of the work S. RM Permit on the Work SCm 7be Encroachment Permit or ■ copy thereof shall be kept at the site of the work and must be shown to any rep resmtaUve of the Department or any law enforcement officer on demand WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SIM AS PROVmFA 9. CoaSlatlag Pareits If a prior encroachment conflicts with the pro- posed work the new permitter must arrange for any necessary removal or relocation with the prior permitter Any such removal or relocation will be at no expense to the Department 10. Panetta From Other Agsasiee 7be party or parties to whom a permit is Issued shall wheneverrequlred bylaw. secure the written authorization for anywork that must be approved bythe Public Utilities Commission (PUC) of the State of CaUforafa CALOSNA or any other public agency having jurtr diction. Failure to complywith the law, as noted above will invalidate the Department's permit 11. Prsvisims for Pedastdaas Where facilities exist a minimum sidewalk and bikepath width of four feet (41 shall bem■Intalnedatall times forsafe Passage through the work area At no umeshsil pedestrians be diverted onto a portion of the stmt used for vehicular trafic At locations where adjacent altern ttewalkwayscannotbe Provided appropriate signs and barricades shall be Installed at the limits of construction and in advance of the closure at the nearest crosswalk or intersection to divert pedestrians across the street 12. Protectloa of ?raffle Adequate pro- visions shall be made for the protection of the traveling public Warning signs lights and safety devices and other measures roquired for the public safety. shall conform to the requhr ments of the Manual of TTatfic Controls Issued by the Department Traffic control for day or nighttime lane closures shall be in conformance with Department Standard Plans for Traffic Control Worse. Nothing in the permit Is Intended, an to third parties, to impose on permitter any duty. or standard of scree greater than or dd- Jaen t than the dutyor atemdard of rare imposed by law. 13. ItWncens Fatssteoce with Ind Sm Ali work shall be planned and car- ried out so that there wig be the least possible Inconvenience to the travel. Ing public 7be permlttee ls authorised to place properly atthed Ilaggalp to stop and warn conventional Wgltway traffic 7'raflic shall not be unreason. ably delayed FhagBInB Procedure shall be In conformance with the Inter Dons to Plaggaa pamphlet and/or Manual of 7laMc Controls for Construction and Maintenance Work Zones Issued by the Department 14. Storage of EQedpmsat and NiayAals The permitter shall Install temporary railing nWe10 between any )ant earrr Ing public taM and any obstuJe material stored or equipment parked within twelve feet (121 of the lane Utilities are subject to the provisions of Section 22512 of the California Vehicle Code (CVC)• 15. CucofDrafnagel Iftheworkeontem. plated in any Encroachment Permit shall interfere with the established drsinage ample provision shall be made by the permitter to provide for 1t ss may be dhecied by the Department 16. YahlslaRepalm lneveycmctheper- mlttee shall be responsible for rector. Ing to Its former condition as neartyas may be possible any portion of the State highway facility which has been excavated or otherwise disturbed by Permitter The permitter "I main- tain the surface over facilities placed underasy permit If the highway is not restored SO herein Provided for. orif the Department elects to make repairs, Permitter: agrees by acceptance of per, wit to bear the cost theretL 17. P " ter Record Oalyr If oceupa- Uon of highway right -of-way 1s under joint use agreement or under prior easement Encroachment Permits will be Issued to the permitter for the put. Pose of presiding the Department with notice and a record ofwork The permit Will also specify the current tams and conditions relating to public safety. No new or dUierent rights or obligations are Intended to be created by the Permit In sucheases. and all such prior rights shall be fully protected Encroachment Permits issued In such cues shall have designated across the face thereot 'Notice and Record Purposes Only'. (DIstrict ofnee of Right Of Way must give approval for this desigmatlonl IS, Clear Up R1gh4aLWayi Upon com- pleura of the work all brush. timber. scraps, material, ere, shall be entirely removed and the right -of-way shall be left In as presentable a condluon as existed before work started 19. Coetofpork Unlessotherwisestated cn the permit orothersepaatewntten agreement all costs Incurred for work withing the State right -opway pur. want to this Encroachment Permit shalt be bone by the permitter and Permitter hereby wale W dales for IndcmnifioUon or contribution from the State for such work, 20. AelnalCostaRllsP When the permit. tee Is to be baled actual arts has Indicated on the face of the permltl. such coetswig be at the current hourly rate established by the Department for Encroachment Permits 21, Snbmk Plam Per unta0atton of all underground facUtues. and all surface work or other activity of conaequeam the permittee ahW furaisb five (51 sets Of Place showing location and con. structlon or other activity with its application 7b&ty (SO) days after completion and acceptance of the work one (1) set of ssbullt plans shall be submitted to the District 22. sondin` 'Ibis permit shall not be effective for any purpose unless. and until the permitter: tiles with the Department a surety bond when required by the Department In the form and amount required by the Department A bond is not ordinarily required of any public corporation or publicly or p"tey -owned utility but will be required of any utility that falls to meet any obligation arising out of the work permitted or done under an Encroachment permit a falls to mart tain Its plant work or facilities. The ssid bond shall remain in force for a period of one (1) year after acceptance of the or by the Department 23. slafaasnanos of sways: 7be permittee agree& by acceptance of a permit to properly maintain any encroachment na will require f ospectbn and repair � any damage to State fadntica resulting from the encroachment 24. Respoad60nylarzamaga 7heState of California and all officers and employees thereof including but not limited to the Director of Transporta- tion and the DeputyDlrMOr. shall not be answerable or accountable In any manner for injury to or death of any person, Including but not limited to thepe mittee,personsemployedbythe permitter persons acting In behalf of the permitter or for damage to pro- petty from any cause 71be permittee shall be responsible for any liability Imposed by law and for injuries to or death of anyperson. mchudtng but not limited to the permitter persons employed try the primitive, Persons aetm In behalf of the pereattlea or damage to pr oPe+b'+trishig out otwodt or other activity permitted and done by the permitter under a permIL or arls. Ingoutof the fathueon thepetmtttsds part to perform his obligations under any permit In respect to maintenance or any other obligation& or resulting tram defects or obstructions, or from any cause whatsoever during the pro- geasofthewok or otheractivkyora any subsequent time work or other activity Is bring performed under the obligations provided by and contem- plated by the Parma, The permitee shall indemnI& and nave harmless the state of California and all officers and employees thereof Including but not limited to the Diner. tor of Transportation and the Deputy Dino. from all claim& suits or actions of every name. kind and dew cription brought for or on account of Injuries to or death of M person Including but not limited to the permmee persons ®played by the penalties, persons acting In brim of the permitter and the public or damage to property resulting from the performance of work or other activity tinder the permit or arising out of the failure on the permittee's part to per- form his obligations under any permit in respect to maintenance or any other obligations. or resulting from defects or obstructions. or from any cause whatsoever during the progress of the work or other activity or at any subse- quent time work or other activity to being performed under the obligations provided by and contemplated by the permit except as otherwise provided by statute 7be duty of the permmee to Indemnify and save harmless includes the duties to defend m ad forth In Section 2778 of the Civil Code 7be permittee waives any and all rights to any type of expressed or implied Indemnity against the State its officers, orempkyeea it In the Intent of the parties that the permitter will tadecon* and bold barmlrss the State Its officers and employers from any and all datms. ants or actions as set forth above regardless of the e ds- tence or degree of fault or negligence whether a uve or passive. primary or secondary an the part of the8tate the permitter, persons employed by the permitter or;, acting In behalf of the permitter, 25. Federal ChS ilpb Requis ssamb fbr Public Aeeaoodatles A 7be permitter for himself his personal representatives, au mmmIn Interest and assigns. Y pat of the coosiders- tion hexed does beeby covenant and agree that 1) no persoa an the grounds of race color, or nattom►mlgm sball be excluded from participation it be denied the benefits of or be otherwise subjected to discrimination In the use of nand faellitle& 2) that in connexion with the construction of any tmprovements on said lauds and the lurmfahbng of services there= no dis- crimination shall be practloed In the selection of employees and eoatrac- tor& by contractons In the selection and retention of Ant tier suboontraa tons in the selection of secoud -tier subcontractors, 3) that such dI► almUmUon shall not be practiced against the public to their access to and use of the kdl#Jn and services provided for public accommodations (such u eatng, sleeping, Vast reerea- dead. and operated on. aver or under the space of the right- o4way. and 4) that the permtttee shall use the pre ntaes In compliance with all other requirements Imposed pursuant to 71tle IS. Code of Federal Regulatlam& Commerce and ForelgaTmile. Subtitle A. Office of the Secretary of commerce. pat 8 (15 C:.FY- Fart W and as said Regulations may be amended 13 71hat in the event of breach of any of the above nandacrimfnution covenantu the State shall have the right to ter- minate the permit and to reenterand repossess said land and the facilities 1 thereon. and hold the same as if said permit had never been made or Issued 26. No Ptecadent Zatabllabak this per, mit Is Issued with the understanding that any particular action is not to be considered as establishing any preeen- dent (1) on the question of the expediency of permitting any certain kind of encroachment to be erected within right-of-way of State highways. or (2) as to any utility of the access lability of any such permits as to any other or future situation. 27. Asebeologleak The permittee "I , cesse work In the vicinity of any archaeological resources that are revealed The Permit Engneershsil be notified Immediately A qutnfied archaeologist, retained by the permit- ter Will etahate the situation and make recommendations to the Permit Engine er ccoaeernfng the continuation of the wor 28. Pataaof[wsksgafiinatasetJsm Ifthe Encroachment Permit was Issued at the request of the permUtm it Is understood that whenever State eon - wuedon reconstruction or main. tensocewok an the highway requires the installation to be moved, adjusted or relocated the permitter at his sole espmsu upon request of the Depart- ment shall emplywlth said request 28. Pawsaldug wagons Construction. alteration. demolition, repair or man. tenance work performed under a per- mit issued bythe Department of7lans- portation may require the owner/per- critter to pay all workers employed by the conttaemrand subcontractors the appropriate predetermined prevailing .' wage rates ss act by the Director of the Department of Industrial Relations. See California labor Code. Division 2. , Part 7. (commencing with section 1720). Streets and Highways Code. Chapter S. Article 2 Section 671.1, and General Opinion of the Attorney Gen of the , State of California. No. 86803. dated December 31. 1986. Inquiries or requests for Interpret- ations relative to the enforcement of prevallingwage fequbement sbouid be directed to the State of Catildmis Department of Industrial Relations 525 Golden Gate Avenue. San Fran- , deco California 94102. I I Pannil N/nJ A/ �^'' DEPARTMENT OF TRANSPORTATION ICALTRANSI C. ( —/t/ — J 'STANDARD ENCROACHMENT PERMIT APPLICATION Da9ewRle/pM DWM -P201A (REVI/90) PARTA Permission arequestedtoencroach on he Stat a Highwayrightof WayaSlollows (Coln It tents: NAlfrhof applicabreJ Appl'iration is not complete until all required I u 11 I I Location City 1 County 2 Route 3 Post Mile 1 Date 5 Newport Beach 1 Orange 55 0.0 to 0.3 1 7420190 Address or Street Name 6 Cross Street (distance and direction from see) 7 FOR CALTRANS USE Newport Boulevard 1 Pacific Coast Highway 9 0 0 5 6 7 Portion of Right o f Way 6 , Work to be Performed By 9 100% of R W ❑ OwnFOrtes M Contractor ❑ COMMUNITYANENNATV Est Suring Date 10 Est Completion Date I I Estimated Cost in State RIW 12 10/90 11/91 I 52,400,000.00 ❑ REMOVAL - REPLACEMENT ❑ EROSION CONTROL Max Depth 13 Average Depth 14 Average Width 15 Lerhplh 16 Suruce Type 17 IE%uvAnoN 8.5 FL 4.5 FL 4 FL 1 017FC as halt concrete ❑ G Type 18 Dameler 19 Vohage"113 .. 20 Product 21 PIPES R.C.P. 1 15" 18" & 14" N/A N/ A FULLY DESCRIBE WORK WITHIN STATE R/W: Attach complete plans (5 sets folded Sh x 11,1 specs, cal" map; etc, H applicable Widening to add a third northbound lane to Newport Boulevard and the Newport Channel Bridge. Work involves new pavement, new A.C. overlay, curb gutter and sidewalk, median paving and landscaping, bike trail, street lights, storm drain, water line relocations, signal installations, bridge widening, ramp reconstruction and gas station demolition and gas tank removal per City /State cooperative project, District Agreement No. 12 -037. RECEIVED AUG I 1990 PERMIT OFFICE ISANY WORK BEING DONE ON APPLICANTS PROPERTY? it -Yes' brk/ry describe andattach ails and grading plans) 22 q Yea ❑ No See attached plans and specifications IS A CITY, COUNTY OR OTHER AGENCY INVOLVED IN ENVIRONMENTAL APPROVAL? 23 [� Yes (Cheek Documentation type and atueh approved Copy) C� O 11 Exempt ID NA. CD OR ��PYW -dr.,- ❑ NO (Check the category below which describes the project) ✓ I _k542, ❑ SURVEY ❑ FENCE CERATS ❑ PARADES. LPB KNI ❑ MAINTENANCE OF EXISTING • RAGS SIGNS MANNERS ❑ SINGLE FAMILY DWELL- ❑ COMMUNITYANENNATV LANDSCAPING D- ECORATIONS W.- DRIVEWAY snEM ❑ REQUIXATORYWARNING, • TEMPORARY SIGNALS ❑ REMOVAL - REPLACEMENT ❑ EROSION CONTROL INFORMATION SIGNS ❑ PUBLIC UTILITY MODI- OF DISTINCTIVE ROADWAY ❑ AGRICULTURAL APPROACH ❑ DITCH PAYING FICATKINS EXTENSIONS MARKINGS ❑ MOVIE TV FILMING ❑ MODIFICATION HOOKUPS ❑ DITCH PAVING ❑ G OF TRAFFIC ❑ SIDEWAUUGUTTERS ❑ MAILBOX TION OR RESURFACING OF A T9K OR RESURFACING CONTROL SYSTEMS DRIVEWAY OF ROAD APPROACH ❑ NONE OF THE ABOVE IF PROJECT CANNOT BE DESCRIBED IN ABOVE CATEGORIES REQUEST APPLICATION PART B FROM THE PERMIT OFFICE 'THE UNDERSIGNED AGREES THAT THE WORK WILL BE DONE IN ACCORDANCE WITH CALTRANS RULES AND REGULATIONS AND SUBJECT TO INSPECTION AND APPROVAL Organization or Applicant Prone Architect Engineer or Project Mg[ Phone City of Newport Beach 1`7 644 -3311 John S. Wolter (714 644 -3311 ' Address (include city and zip code) 3300 Newpor Boulevard, Newport Beach, CA 92663 Authoriz= Agnew Title ��,i�„ Cooperative Projects Engineer Calculated By. Fee /Deposit FEE CALCULATIONS (For Caltrans Use Only) [ ] Cash [ J Charge [A Exempt ( ,r--S'et Fee ( ] AS (Estimated) [ ] AX (Actual Cost) L,e Major Project EA A L -23. -T3- a. Bridge Toll (if Applicable) b. Review JA�et Fee [ [ Calc Fee Estimated --- �— Hrs @ $60 per hr Additional Rev & P.EER. Hours EA - - - - -- c Inspection L--"et Fee �[ ]] s�Calc Fee Estimated L Hrs @ $60 per hr EA- - - - -- d. Field Work [ ] Cal Fee TOTAL FEE/DEPOSIT� _ _ G- wo/ Surety Bond Required? Liability Insurance Required? 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U•.E C r °ter °sac PT o v 0� o0 vu� 2alfi Wq �a � U V h • C h U C b > 0 k u� C C U Woo vas 0, ao � U Z U Q V J c z W W S U) J Q Z W W J Q a D U) V Q oa u" c.� C a.0 f o r v 1 U U U Z O u J 0 W � Q d W i � C Y Q u o O a -j _ O m ^ .v U` w Z 0 Ir �h Q 'ti O U m Q � Z O F Q w J W m l l h � h � v m -... F a? i � o FE ve�F V7. U•.E C r °ter °sac PT o v 0� o0 vu� 2alfi Wq �a � U V h • C h U C b > 0 k u� C C U Woo vas 0, ao � U Z U Q V J c z W W S U) J Q Z W W J Q a D U) The contractor shall remove all concrete foundations, concrete sidewalks, all other concrete flatwork, pavement, pits and sumps.... c. Section 10 -1.86 E) "Removal of Underground Storage Tanks) ": 87260Specs - Add. No.2 Page 1 of 4 8/23/90 ' CITY OF NEWPORT BEACH NEWPORT BOULEVARD WIDENING CONTRACT NO. C -2642 ADDENDUM NO. -Z NOTICE TO BIDDERS: Bidders shall propose to complete Contract No. C -2642 in accordance with the Plans, Proposal, Contract Documents and Special Provisions as modified by this ADDENDUM NO. 2. Bid opening date for this project has been changed to 2:00 p.m., September 11, 1990. The following changes are hereby made to the Proposal and Special Provisions: 1. Proposal The proposal form is hereby replaced with the attached revised yellow proposal form. Bids must be submitted on this revised proposal form. The changes or revisions include: fDelete Item 105: Hazardous Waste Removal and Disposal. Work to be completed by others under separate contract. ' 2. Special Provisions a. Section 10 -1.86 A) "General ": Revise first paragraph to read .... of underground storage tanks (if no soil contamination is encountered). All work shall . b. Section 10 -1.86 B) "Building Demolition and Removal ": Delete subsections "j ", "n" and "q ". "k" Revise subsection to read: The contractor shall remove all concrete foundations, concrete sidewalks, all other concrete flatwork, pavement, pits and sumps.... c. Section 10 -1.86 E) "Removal of Underground Storage Tanks) ": 87260Specs - Add. No.2 Page 1 of 4 8/23/90 Revise fifth paragraph of page 10 -100 by deleting second sentence. d. Add the following paragraphs at the end of Section 10 -1.86 E: Delete the seventh and eighth paragraph (last five lines of page 10 -97). the first items of work in order to avoid Revise ninth paragraph of page 10 -98 to read: As directed by.the regulatory agencies, Contractor, Iif qualified.... within and /or adjacent to the demolition area. If the testing of the soil required by subsection 10- Delete last paragraph of page 10 -99 (continuing on Ipage 10 -100). Revise second paragraph of page 10 -100 to read: The contractor must be registered with the California Department.... Revise fifth paragraph of page 10 -100 by deleting second sentence. separate contract will be awarded by the State to remove and dispose of the material. Should the removal of contaminated soil be required, the contractor shall cooperate, schedule and coordinate his work with the specialty contractor hired by the State for the removal and disposal of this hazardous material. If the presence of contaminated soil and its removal ' results in unforeseen delays to the contractor the time of completion will be extended for actual time lost by the contractor as a result of delays 1I directly caused by the removal of the contaminated soil. If removal of contaminated soils is required all backfill will be accomplished by the specialty contractor. 87260Specs - Add. No.2 Page 2 of 4 8/23/90 d. Add the following paragraphs at the end of Section 10 -1.86 E: The contractor shall schedule the Service Station Demolition and Underground Tank Removal as one of the first items of work in order to avoid unnecessary delays in completion of the project. The contract does not include the removal of contaminated soil around the underground tanks or within and /or adjacent to the demolition area. If the testing of the soil required by subsection 10- 1.86E "Removal of Underground Storage Tanks" discloses the existence of contaminated soil, a separate contract will be awarded by the State to remove and dispose of the material. Should the removal of contaminated soil be required, the contractor shall cooperate, schedule and coordinate his work with the specialty contractor hired by the State for the removal and disposal of this hazardous material. If the presence of contaminated soil and its removal ' results in unforeseen delays to the contractor the time of completion will be extended for actual time lost by the contractor as a result of delays 1I directly caused by the removal of the contaminated soil. If removal of contaminated soils is required all backfill will be accomplished by the specialty contractor. 87260Specs - Add. No.2 Page 2 of 4 8/23/90 LJ Execute and date this ADDENDUM NO. 2 and attach it to your bid proposal. No bid proposal will be accepted without ADDENDUM NO. 2 being executed and attached thereto. Johiyftlter Pro ect Manager I have carefully examined ADDENDUM NO. 2 and hereby consent to it being made a part of our proposal. Brutoco Engineering and Date: September 11, 1990 Construction, Inc. Bidder's 0497dwt Telephone No. (714) 350 -3535 (A t o ized Signa Michael H. King, Pr ent Bidder's Address: P.O. Box 429 iFontana, CA 92334 I I I I I 87260Specs - Add. No.2 Page 3 of 3 8/23/90 1. Revised Proposal 2. Revised Pages for Special Provisions 87260Specs - Add. No.2 Page 4 of 4 8/23/90 I I I I I I Revised per Addendum No.1 CITY OF .NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION ON NEWPORT BOUELVARD (S.R. 55) 32nd STREET M67 PACIFIC COAST HIGHWAY (S.R. 1) CITY CONTRACT 2642 STATE CONTRACT 12- 018794 AHFP NO. 1241 & 1267 JULY 1989 P R O P O S A L ITO THE HONORABLE CITY COUNCIL City of Newport Beach 330 Newport Blvd P.O. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the I location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete City Contract INo. 2642 in accordance with the Plans and Special Provisions, and will take full payment therefore the following unit price for the work, complete in place, to wit: :ITEM :CALTRANS: ITEM UNITS :ESTIMATED :ITEM PRICE; TOTAL :NO. : CODE : : OF :QUANTITY : (IN : (IN : : NUMBER : MEASURE=- : FIGURES) : FIGURES) ; ------ - - - - -= - - - - -- : 1 : 999991 : MOBILIZATION & : LS : LUMP SUM: : FIELD OFFICE : : :100,000.00 100,000.00 -- - - - - -' ------ ------- ----- - -- - - -; - ---- -' - - -- - ---- - - -- -, : 2 : 160101 : CLEARING & GRUBBING ; : LUMP SUM' 60,000.00 60,000.00 - - - -' -- - - - - -' ------------ ------- -- - -LS -- -' --- - - - - -' ------- -- '-- --- - -- - -; : 3 : 190101 : RDWY EXCAVATION & AC : CY : 5450 : PAVEMENT REMOVAL : : : 20.00 :109,000.00 :-----:--------:------------------------- :------- :--------- :---------- :---------- ; : 4 : 190135 : ROADWAY FILL : CY : 7507 : 6.00 : 45,042.00 '---- I - - - - - -' --- --- --- - -- - - -' : 5 ---------------------------------------------------------------------------------- : 192001 : STRUCTURE EXCAVATION : CY : 175 : 1.00 175.00 11260 87 -1 PR -1 87260 87 -1 PR -2 Revised per Addendum No.1 ---------------------------------------------------------------------------------- 6 ; 193001 ; STRUCTURE BACKFILL ; CY ; 480 ; 1.00: 480.00 ' - - - - -' -- - - - - -'------------------------- ' - - - - - -' --- --1 ---- -- - - -' ; 7 ; 153215 ; REMOVE PCC CURB & GUTTER; LF ; 514 3.00. 1,542.00 ----- '--- - - - - -' ------------------- - - - - -'------- --------- ' ---------'---------- 8 ; 153214 ; REMOVE PCC CURB ; LF ; ; 2.00; 6,446.00 ; I; -----;--------;----------------- -------- ; - - -SF - -3,223 --- ;---------- ;----- - - - - -' 9 ; 153240 ; REMOVE PCC X- GUTTER ; ;- 620 ; 1.00; 620.00 ! -----'--------'------------------------- '------- '--------- '---------- '---------- 10 ; 153211 ; REMOVE PCC SIDEWALK & ; SF ; 7,739 ; 0.60: 4,643.40 DRIVEWAY - - - -' -- - -- - -'------------------------- ' ------- ' --------- '------ - - - -' ---- - - - - -' 11 :731504A ; TYPE A2 -8 CURB ; LF 2,844 1200; 34,128.00 & GUTTER , 1 ' - - - -' -- - - - - -, - -' - - -- 12 :731504B ; MODIFIED TYPE A2 -8 ; LF ; 250 ; 12.00: 3,000.00 CURB & GUTTER ----------------- -------- '------- '--------- ' - -- - - - - - -' ---- _ ----; ; 13 ;731504B ; TYPE A2 -6 CURB & GUTTER ; LF ; 106 ' 12 . , 00 1,272.00 ; - - - -'-------- 14 :731501A '------------------------- ; ' TYPE Al -6 CURB ; LF -- ---- -' ---- - - - - -' ---- - - - - -' 394 ; 10.00; 3,940 00 ' 15 :731501B ; MEDIAN CURB TYPE B3 ; LF ; 2,859 ; 10.00: 28,590.00 ; ;- --;--------;------------------------- ;------- ;--------- ;---------- ;---------- 16 ; 731521 ; 4" PCC SIDEWALK CNB ; SF ; 24,423 ; 2.75: 67,163.25 STD 180 -L I -----;------------------------------ ; 731523 ; ----;------- 4" PCC WHEELCHAIR RAMP ; EA ;--------- ; ;---------- ;---------- 6 550.00; 3,300.00 U17 STD N8 -B i 18 :731517A ; 8" PCC CROSS GUTTER CNB ; SF ; 1,252 ; 5.00; 6,260.00 STD 186 -L , -----;--------;------------------------- ;-------;--------- ;---------- ;---------- ; :731517B PCC "V" GUTTER ; SF ; 253 ; 5.00; 1,265.00 ; . -19- -;-------- ;-- ------------------- - -- -;- --- ; - - - -- - ;----- - - - - - 20 ; 731516 ; PCC DRIVEWAY PER ; SF ; ;---------- 729 4.50: 3,280.50 CALTRANS STD N8 -A 21 ; 401020 ; 4" PCC STAMPED PATTERNED; SF ; 6,572 ; 4.50: 29,574.00 COLORED CONCRETE -----;--------;------------------------- ;------- ;--------- ;---------- ;---------- ; 22 ; 401000 ; BUS TURNOUT ; SF ; 1,424 ; 5.00: 7,120.00 (8" PCC W/ REINFORCING) , -----'--------'------------------------- '------- '--------- '---------- '----------- ' 23 ; 153140 ; PLANE AC PAVEMENT ; SF ; 39,104 0.35: 13,686.40 --;--------;------------------------- ;------- ;--------- ;- --------- ;----- - - - - - ; 24 ; 190101 ; ASPHALT CONCRETE PAV'T ; TN 4,498 ; 42.00: 188,916.00 - - - -' -- - - - - -' ------------------- - - - - -'------- --------- '---------- ' ---- - - - - -' 25 ; 394041 ; ASPHALT CONCRETE DIKE ; LF ; 195 ; 8.00: 1,560.00; - - - - -' - - - - - - -'------------------------- --------- ' ---- - - ---' ---- - - - - -; 26 ; 393001 ; PAVEMENT REINFORCING ; SY ; 11,172 ; 1.00: 11,172.00: FABRIC 1---------------------------------------------------- ------------ ------------ - - - - -- 87260 87 -1 PR -2 ' 87260 87 -1 C .PR -3 Revised per Addendum No.1 ---------------------------------------------------------------------------------- 27 260200 ) AGGREGATE BASE(CLASS II); TN ; 2,250 20.00 ; 45,000.00; ! - - - - - -- -- -------------- - - - - -- - - - - -- 28 290201 ASPHALT TREATED TN 277 40.00 11,080.00''. PERMAEABLE BASE ; ; - - ; -- - -- - -- ; --- ---------------- - - -- -- ; - - - - - -- ; --- - - - --- ; ---- - - - - -- ; - ! 29 :570201A 2" x 4" REDWOOD HEADER LF 1,240 2.50 ; 3,100.00; ----- ' -------- '------------------------- '------- '--------- '---------- ' ---- - - - --' 30 150805 ; REMOVE RCP STORM DRAIN LF 86 50.00 4,300.00• - -- - -'-------------------------- ' - - - ---' --------- ---- - - - --' 31 153213 REMOVE DRAINAGE STRUCT. EA ; 5 1,400.00 ; 7,000.00; - - - -' -- - -- - -' ------------------------- ' - - - - - -' --------- ' ---------- '---------- : 32 681030 8" PVC SCHD 80 LF 81 ; 24.00 1,944:00: ; STORM DRAIN PIPE -- - - - - -' --- ---------- --- --- - -- --' - - - ---'--------- '--------- -' ---- - - - - -- 33 650409 ; 15" RCP ; LF ; 280 42.00 11,760.00; ; (D -LOAD PER PROFILE) - -- - - - --' -------- --- -------- - -- --' - - -- -' --- --'---------- ' ---- - - - - - ; 34 650411 18" RCP LF 274 55.00 15,070.00; ; ; (D -LOAD PER PROFILE) I ;- --;--------;-------------------------;---°-;---------;----------;- 35 6416 24" RCP LF 50 486 ; 85.00 41,310.00; (D -LOAD PER PROFILE) ' ' --- - - - - -' --------- - -- - -' - -fiA -; -- - -- ---- - -- - -' 36 719401 JUNCTION STRUCTURE 1 ; 500.00 500.00; TYPE JS -2 _ _ __ 37 719401 JUNCTION STRUCTURE CNB ; EA 1 ; 1,600.00 1,600.00; TYPE JS -3 ; 38 ; 707051 ; DRAINAGE MANHOLE EA ; 3 ; 3,200.00 9,600.00 ! -----;--------;--- ----- -------------- -- -;-- - -- -;-------- - ;-- -------- ;---------- ' 39 707050 INLET TYPE O.S. STD D -78; EA ; 8 ; 2,000.00 16,000.00; W /LOCAL DEPRESSION ; - -,- -- - - - - -; ------- ----------- -- ----- ; - - -LF -;--------- ;---------- ;---------- 40 ; 721420 PARKWAY CULVERT CNB 52 170.00; 8,840.00 -----;--------;------- ------------------ ; - - - -- -;--------- ;---------- ;---------- 41 ; 510505 ; CONC COLLAR CNB ; EA 5 ; 500.00 2,500.00; STD 313 -L - - - - -' -- - - - - -'------------------------- '-------'--------- '---------- '----------- ` 42 :681103B ; EDGE DRAIN W/ VENTS & LF 717 11.00; 7,887.00; ; ; OUTLETS(CALTRANS D98D -1,; ; I - - - - - ; --- - - - - - ; ------------------------- ;-------- ;- -- ------ ;---------- ;---------- ' 43 ; 513540 ; TIMBER RETAINING WALL ; SF ; 3,290 ; 5.00; 16,450.00: 44 :760023A ; MODIFY EX. WATER SYSTEM ; EA ; 2 ; 3,000.00 6,000.00; ----- ' -------- '------------------------- '------- '--------- '-- -------- '---------- 45 ; 152440 ; ADJUST MANHOLE TO GRADE ; EA ; 8 ; 450.00 3,600.00; ;-----;--------;------------------------- ;------- ;--------- ;---------- ;---------- : 46 ; 152441 ; ADJUST WATER VALVE ; EA ; 6 ; 150.00 900.00; TO GRADE ' 87260 87 -1 C .PR -3 Revised per Addendum No.1 47 :760023B WATER VALVE VAULT LS LUMP SUM, 13,000.00-:--13,000.00: CONSTRUCTION ; ; ; ; ----- ; -------- ; ------------------------- ; ------- ; --------- ; ---------- :---------- I; 48 ; 991025 ; WATER LINE CONSTRUCTION ; LS ; LUMP SUM; 80,000.00 ; 80,000.00; - - - - -' -- - - - - -'------------------------- ' ------- ' -----' ---------- , _ , 50 ; 719100 ; SEWER CONSTRUCTION LS ; LUMP SUM; 33 000.00 ; 33,000.00; - - - - -' - - - -' - - - -' -- -- , I; 51 ; 860430: NAVIGATION LIGHTS LS ; LUMP SUM; 8,000.00 8,000.00: -----;-------- ; ------------------------- ;------- ;--------- ; ---------- ;---------- ; 52 ; 120100 TRAFFIC CONTROL SYSTEM LS LUMP SUM; 436,000.00 ; 436,000.00: -- -- - - -'------------------------- ' ------- '--------- ' ---------- ' ---- -- 53 ; 833080 ; K -RAIL AND CRASH CUSHION; LS LUMP SUM; 80,000.05 80,000.05: 54 ; 840650 ; TRAFFIC STRIPING, PAV'T ; LS LUMP SUM; 17,000.00 17,000.00 - - -- MARKINGS & PAV'T MARKERS: ; - - - - -;- ;------------------------- ;------- ;--------- ;---------- ;---------- ; 55 :562000A ; ROADSIDE SIGNS ; LS ; LUMP SUM; 8,000.00 ; 8,000.00; I ' - - - - - ' ' ---------------- --- -- -- -' ---- - - - - -' - - -- -, 56 8.61491 ; SIGNAL MODIFICATIONS ; LS LUMP SUM; 60,000.00: 60,000.00: LOCATION 1 1 , - --- -'- - - - - -- --- ----- ---- ------ - - - - - ' - - - - -- ' --- -- - - -'---------- ' ---- - - - - -' 57 861492 SIGNAL MODIFICATIONS LS LUMP SUM: 100,000.00 100,000.00, LOCATION 2 ; ; ; ---- '--- - - - - -'------------------------- '------- ' --------- ' ---------'--------- 58- 861493 ; SIGNAL MODIFICATIONS ; LS ; LUMP SUM; 60,000.00: 60,000.00; LOCATION 3 ;- -,--------;-------------------------;-------;---------;----------;--------- 59 ; 860401 ; INTERCHANGE LIGHTING ; LS ; LUMP SUM; 20,000.00: 20,000.00; ' - - - - -' -- - -- - -' --- -- - - -'------- ' --- -- -- -' -- -- - - - - -, _ 60 ; 860408 ; STREET LIGHTING ; LS ; LUMP SUM; 40,000.00 ; 40,000.00; -- - -' -- - - - - -'----------- - ------------- ' ------ '---- -- - --' --- - - - - - -' 61 ;200001A ; LANDSCAPING ; LS ; LUMP SUM; 100 ,000.00 ; 100,000.00; - -,-------- ,----- -- -- ------------ - - - -;- - -- - ; ------ - - - -;- __ 62 ; 208000 ; IRRIGATION ; LS ; LUMP SUM; 55,000.00 ; 55,000.00. -----;--------;------------------------- ;------- ;--------- ---------- ;---------- ; 63 ; 810110 RELOCATE COUNTY GPS LS ; LUMP SUM; 100.00 : 100.00: CONTROL STATION -- --' -- - - - - -'------------------------- '------- '--------- ' ---------- ' ---- - - - - -' 64 ; 070001 ; CONSTRUCTION STAKING ; LS ; LUMP SUM; 70,000.00 ; 70,000.00; ------------------ - - - - -- - - - - -- --- - - - - -- 65 B;154900A ; REMOVE TIMBER PILE ; LS ; LUMP SUM; 3,000.00 ; 3,000.00; DOLPHINS - - - - ----------------------------- ' ------- '--------- ' ---------- ' ---- - - - - -; ; 66 B; 157560 ; BRIDGE REMOVAL (PORTION); LS ; LUMP SUM; 50,000.00 ; 50,000.00; ----- ; -------- ;------------------------- ;------- ;--------- ;---------- :---------- ; 67 B; 159114 ; MODIFY DECK EXPANSION - - -- JOINT ; LF 184 ; 125.00 23,000.00' - - - -;- ;------------------------- ;------- ;--------- ;---------- ;---------- ' 68 B;159199A ; JACK BRIDGE SPAN ; LS ; LUMP SUM; 15,000.00: 15,000.00; - --- -- - - - - -' - - -' -- -- - -- ---- - - - - -' 69 B; 192003 ; STRUCTURE EXCAVATION ; CY ; 260 ; 75.00: 19,500.00 ;(F) ; ; (BRIDGE) ---------------------------------------------------------------------------------- 87260 87 -1 PR -4 i Revised per Addendum No.1 ---------------------------------------------------------------------------------- : 70 B; 192037 : STRUCTURE EXCAVATION CY 610 : 40.00; 24,400.00 :(F) : : (RETAINING WALL)--- - - - -' - -- - - - -' - -- --- ---- - - - --- - - - - -: - -- -- -' --- - - -- -' - -- j- -- -' - - - - - -' : 71 B: 193003 : STRUCTURE BACKFILL : CY : 165 : 32.00: 5,280.00 :(F)- .(BRIDGE) ,- - :- _ - -_ -_- :------------------------- : ------- ----- -- :------ ---- :----- --- - -; : 72 B: 193013 : STRUCTURE BACKFILL : CY ;-- 720 : 40.00: 28,800.00 :(F) : : (RETAINING WALL) - - -- -' -- -- - - -'------------------------- TREATED TIMBER ' ---- -' -------- ' - --- -- - --' 432 : : 73 B: 490201 : FURNISH : 4.00 1,728.00 PILING _ _____ ____________. ------- , _- ____ -_. -- ___ -__. ----------- i : 74 B :490335A : FURNISH SPECIAL CLASS 45: LF : 2,380 : 27.00: 64,260.00 PILE , --- ------- -- - - -- -, - -- - --- -- : 75 B :492100A : DRIVE SPECIAL CLASS 45 : EA 54 : 4,200.00:226,800.00 :(S) : : PILE ------------------------- '------- '--------- ' ---------- ' -- -- - - - - -' : 76 B: 510051 : STRUCTURAL CONCRETE, : CY 66 : 1,000.00: 66,000.00 :(F) : BRIDGE FOOTING -: :-- --- :- - = - = -- :------------^------------:-------:- ---- -- -- :----- ---- -:--- --- -- - -' : 77 B: 510053 : STRUCTURAL CONCRETE, : CY : 472 : 1,200.00:566,400.00 :(F) : BRIDGE : ----- :--------:------------------------- :------- :--------- :---------- :----------- : 78 B: 510060 : STRUCTURAL CONCRETE, : CY 330 325.00: 107,250.00 ; :(F) RETAINING WALL : : : : ' - _ - - -_ -: -- - - ----------- '---------- ' -- - - -- : 79 B: 510085 : STRUCTURAL CONCRETE, : CY ; 10 : 600.00: �-- 6,000.00 ;(F) : APPROACH SLAB (TYPE EQ) ; :-----:--------;------------------------- :------- :--------- :---------- :---------- : 80 B: 510086 : STRUCTURAL CONCRETE, : CY : 40 : 350.00: 14,000.00 ;(F) ; ; APPROACH SLAB (TYPE N) : : ; ; ; : 81 -------- B: 511106 ' ------------------------- : DRILL AND BOND DOWEL '------- '--------- : LF : '---------- ' ---------- ' 182 : 20_00: 3,640.00 ; ----- ; -------- :------------------------- :------- ;--------- : - -- -- : ---- - - -- -- : 82 B: 512202 : FURNISH PRECAST : EA : 10 : 7,200.00: 72,000.00 : PRESTRESSED CONCRETE GIRDER (30' TO 40') --- -' -------'------------------------- '------- '--------- ' ---------- ' ---- -- - --' 83 B: 512203 : FURNISH PRECAST : EA : 10 : 7,400.00: 74,000.00 PRESTRESSED CONCRETE GIRDER (40' TO 50') , -----'--------'------------------------- '------- '--------- '---------- '---------- ' ' 84 B: 512204 : FURNISH PRECAST : EA : 1 : 8,000.00; 8,000.00 ; : PRESTRESSED CONCRETE : ; : GIRDER (50' TO 60') -----'--------'-------------------------'-------'------ --- '-- -------- :---- - - - - - -1 85 B; 512500 : ERECT PRECAST : EA : 21 : 1,000.00: 21,000.00 PRESTRESSED CONCRETE ; ; ; ; GIRDER ______ ___ ____________ ________,_____ _,_____ ___, - '---- - - - - -- 1 ; 86 - - --- B; 519001 -- - - - - -- ; WATERSTOP ------- ------------ - - - ; - -- - - - LF - - - -- ; -- ----- 53 ; 15.00: ----- -- - - -- -- 795.00 ; - ---- - - - - -- ' 87260 87 -1 PR -5 M_I Revised per Addendum No.1 ---------------------------------------------------------------------------------- I; 87 B; 519085 ; JOINT SEAL ; LF ; 100 ; 20.00 2,000.00 ,(S) - - - - - -- (TYPE B -MR 1 ") ,- - - - -,- -------------------------;-------;---------;----------;-------- 88 B; 520102 BAR REINFORCING STEEL ; LB ; 103,274 0.60 61,964.40: ;(S -F); (BRIDGE) ; ---- -'--- - - - - -'------------------------- '------- ' --- -- -- -' 89 B; 520103 BAR REINFORCING STEEL ; LB ; 17,000 ; 0.50 8,500.00 I ;(S -F); - ; (RETAINING WALL) -,- ------,------------------------- ;------- ;- ---- ---- ;---------- ;------ - -- -; 90 B; 520106 ; BAR REINFORCING STEEL ; LB ; 8,000 1.00 8,000.00 ;(S -F); (EPDXY COATED) - - - - --- --- -- - - - - - -- - --- -- - - - --- --- ---- -- - - -- - - -- 91 B; 540102 ; TREAT BRIDGE DECK SF ; 9,200 ; 1.60 14,720.00: F , ---- '--- - - - - -' ------------------- - - - - ------- '--------- '---------- ' -- -- - - - - -; 92 B; 540108 FURNISH BRIDGE DECK ; GAL ; 92 ; 50.00 ; 4,600.00; TREATMENT MATERIAL -----;--------;------------------------- ;------- ;--------- )---------- ;---------- ; 93 B;574999A ; TIMBER PILE DOLPHIN ; EA ; 4 ; 8,000.00 32,000.00: '(S) --- -' .,._ ------- -- ---------- ----- -'------- '--------- '---------- '---------- ; 94 B; 731517 ; MINOR CONCRETE (GUTTER) ; CY ; 13 ; 260.00 3,380.00 ;(F) ; -- - - - - -' ------------------------- ' - -- - LB;--------- ' ---- - - - - -' 95 B; 750501 ; MISCELLANEOUS METAL ; ' 850 ; 5.00 4,250.00 ;(S -F); ; (BRIDGE) I , - - ; -- - - - - -- ; ------------------- - - - - -- ; - - - - - -- ; --- - - - - -- ; - ; - 96 B; 833020 ; CHAIN LINK RAILING ; LF ; 188 ; 38.00 1 7,144.00 , - - - - -' - - - - -' 97 B; 833088 TUBULAR HANDRAILING ; LF ; 421 ; 28.00 11,788.00: , - - - - -'-------- ' ------------------------- '------- '--------- '---------- ' - - -- - -- 98 B, 833140 CONCRETE BARRIER LF , 421 110.00: 46,310.00; ;(F) ; ; (TYPE 26) --------'------------------------- '------- '--------- '---------- '---------- ' 99 B; 839521 ; CABLE RAILING ; LF ; 178 ; 13.00 2,314.00 '(F ) ' '------------------------- ' '--------- ' ---- - - - - -i i ;100 B; 999990 ; BRIDGE MOBILIZATION 9.9 %; LS ; LUMP SUM; 150,000.00 150,000.00 ' -- - - - - -'------------------------- '------- '--------- '---------- ' ---- - - - - -' ;101 B; 519007 ; NEOPRENE PAD (1/4 "x12 ") LF ; 30 ; 15.00 ; 450.00; ---------------------------------------------------------------------------------- i 87260 87 -1 PR -6 ' Revised per Addendum No. 2 ---------------------------------------------------------------------------------- ' :102 ; 160132 ; DEMOLISH BUILDING ; LS ; LUMP SUM; 15 ' 000.00 : 15 000.00 (SERVICE STATION) ; ; -- --'--- - - -- -' - ------ ---- ---- - - -- - -- ------ '- - - ---- :103 :160132A ;, REMOVE AND DISPOSE OF : LS LUMP SUM; 10,000.00 ; 10,000.00 :(S) ; : UNDERGROUND GAS TANKS '-----'--------' - ---- - ---- - ----- -- - - - -'--------- ' ---------- ' - ---- ----; ;104 :160132B ; REMOVE AND DISPOSE OF ; LS ; LUMP SUM; 100.00 ; 100.00 :(S) ; ASBESTOS t : ----- :--------:------------------------- :------- ;------- --;---------- :---- ----- -; ;105 :190167A : :(S) : DELETED ____ -__' '------- '--------- ' -- -- - - - --' :106 :190167A : ROCK SLOPE PROTECTION ; SF .: 2,550 : 10.00 : 25,500.00 : : : (LIGHT) :-----:--------:-------------------------:-------:---------:----------:--------- :107 B; 156586 : REMOVE STEEL END : LS LUMP SUM; 5,000.00: 5,000.00 DIAPHRAM AND EXTERIOR : BEARINGS ------------------------------------------------------- ------- --- --------- --- - -- -- I I I I I I I I 1 87260 87 -1 PR -7 Revised per Addendum No. 1 i TOTAL BID PRICE ITEMS 1 THROUGH 107 ............................. WRITTEN IN WORDS: Three.million nine hundred forty thousand DOLLARS five hundred and nine y AND Zero CENTS I I :1 (714) 350 -3535 BIDDER'S TELEPHONE NUMBER Brutoco Engineering-and Construction, Inc. BIDDER Iva0?Q_S6 AUTHORIZED SIG E /TITLE Michael H. King, ident P.O. Box 429, Fontana, CA 92334 ADDRESS I i I I I 1 87260 87 -1 I PR -8 247770 A CONTRACTOR'S LICENSE NO. P.O. Box 429, Fontana, CA 92334 CONTRACTOR'S ADDRESS ( 14) 350 -3535 CONTRACTOR'S TELEPHONE NUMBER Revised per Addendum No. 2 10 -1.86 BUILDING DEMOLITION AND UNDERGROUND STORAGE TANK REMOVAL 87260 87 -1 January 1990 f) A heavy duty protection canopy shall be provided in addition to the protection fence when the distance from the public way to the building being demolished is less than one - fourth the height of the building. Said canopy shall be subject to the approval of the engineer. g) Where a protection fence is erected on a public sidewalk a pedestrian walkway shall be provided. The walkway shall be one -half as wide as the sidewalk but shall be not less than three feet (39 wide and need not be more than six feet (69 wide. The required width of the walkway shall be unobstructed. 10 -93 (a) A)GENERAL Work under this item shall consist of the demolition and removal of gasoline service station located at Newport Boulevard, Newport Beach, consisting of an office /storage building, pump island and canopy and the removal of all underground tanks and miscellaneous yard improvements including asbestos removal and containment at the building and the backfill and leveling of all excavations after completion of demolition work and removal of underground storage tanks if no soil contamination is encountered. All work shall conform 1 to the details shown on the plans, and these special provisions. As used herein General Specifications shall mean the "General Specifications for Services Contracts" of the Department of Transportation (Caltrans) dated 1981. B) BUILDING DEMOLITION AND REMOVAL a) The work to be done shall conform to Section 10 "Demolition and Removal" of the General Specifications and these Special Provisions. b) The above - described improvements and all materials resulting from their demolition or removal shall become the property of the contractor and shall be removed from the premises. c) Contractor shall excavate and plug sewer lateral(s) in accordance with Section 10.10 of General Specifications and Local Codes. ' d) Prior to starting demolition operations the contractor shall notify the utility companies to remove their service li nes. e) Prior to starting demolition operations adjacent to any public way, the contractor shall erect a protection fence. A protection fence will not be necessary when the distance from the improvement to the public way is more than one -half the height of the building being demolished. 87260 87 -1 January 1990 f) A heavy duty protection canopy shall be provided in addition to the protection fence when the distance from the public way to the building being demolished is less than one - fourth the height of the building. Said canopy shall be subject to the approval of the engineer. g) Where a protection fence is erected on a public sidewalk a pedestrian walkway shall be provided. The walkway shall be one -half as wide as the sidewalk but shall be not less than three feet (39 wide and need not be more than six feet (69 wide. The required width of the walkway shall be unobstructed. 10 -93 (a) I Revised per Addendum No. 2 h) Protection fences shall be constructed in accordance with Section 10.04 of the General Specifications. i) No structural member in any story shall be demolished or removed until the story next above is completely removed, exempting Class "A" masonry and /or concrete buildings, subject to the approval of the engineer. j) Deleted ' k) The contractor shall remove all concrete foundations, concrete sidewalks, all other concrete flatwork, pavement, pits and sumps and backfill all excavations resulting from the removal operations in accordance with Section 10.08 of the General Specifications. 1 m) The contractor shall not proceed from one item of work to the next until the previous item is in a non - hazardous condition and all combustible material has been removed. n) Deleted o) The Contractor authorizes the State to remove partially demolished structures and /or piles of debris that remain for a period of more than three working days. The cost shall be deducted from monies due or to become due the Contractor. THIS WORK MAY BE DONE WITHOUT i PRIOR NOTIFICATION TO THE CONTRACTOR. p) The engineer reserves the right to search for buried debris after completion of the demolition operations. If debris is 1 uncovered the contractor agrees to pay to the State the cost of the exploratory work. q) Deleted r) The contractor shall replace all sidewalk damaged by his operations. s) Your attention is directed to Section 10.02 of the General Specifications which specifically provides that: "All materials resulting from the demolition of improvements shall become the property of the Contractor and the Contractor shall remove said materials from the premises with his own organization. The Contractor shall not dispose of the improvements or materials therefrom by sale, gift, or in any manner whatsoever to the general ' public at the site provided however, that this provision shall not be construed as limiting or prohibiting the sale or disposal of such improvements or materials at the site 8726087-1 January 1990 10 -94 Revised per Addendum No.2 to duly licensed contractors or material men, provided that the materials are removed by the Contractor. Removal of buildings as a unit, or in sections capable of reassembly as a structure, is expressly prohibited." C. HAZARDOUS AND /OR TOXIC WASTES OR MATERIALS The Contractor shall: Prepare a plan presenting the methods for removal, handling, transporting and disposal of friable or non - friable asbestos. The plans for friable asbestos must be approved by the local Air Quality Management District prior to submittal to the Contract Administrator. Plans must be submitted to the Engineer five (5) days prior to the start of work. This plan shall include identification of all EPA and Occupational Safety and Health Administration (OSHA) Licenses, permits and certifications required for asbestos abatement work, removal, handling and transport. All asbestos work shall conform to all Federal, State, and local laws governing the identification, preparation, workers, equipment, safety, monitoring, signing, fencing, removal, hauling and disposal of friable 87260 87 -1 January 1990 10 -95 Contractor shall immediately notify the Engineer upon encountering any type of hazardous and /or toxic wastes or materials, not set forth in Asbestos Inspection and Assessment Report provided bidders, ' during the demolition and removal process. Resident Engineer will request an immediate site investigation by District Hazardous Waste Coordinator. Should it become necessary to terminate the demolition and removal process, the Contractor will be compensated only for work in progress or actually completed. The amount of such compensation will be determined by the Resident Engineer. No payment will be made for delay or lost profits anticipated for uncompleted work. Failure of the Contractor to notify the Engineer of the presence of hazardous and /or toxic wastes or materials may result in legal liability to the Contractor for all actual damages resulting to the Department of Transportation. D. REMOVAL AND DISPOSAL OF ASBESTOS GENERAL This work shall consist of identifying, quantifying, removal and disposal of materials containing friable and /or non - friable asbestos ' prior to the demolition of improvements and obtaining all necessary licenses, permits, certification and other documents needed for the work. The Contractor shall: Prepare a plan presenting the methods for removal, handling, transporting and disposal of friable or non - friable asbestos. The plans for friable asbestos must be approved by the local Air Quality Management District prior to submittal to the Contract Administrator. Plans must be submitted to the Engineer five (5) days prior to the start of work. This plan shall include identification of all EPA and Occupational Safety and Health Administration (OSHA) Licenses, permits and certifications required for asbestos abatement work, removal, handling and transport. All asbestos work shall conform to all Federal, State, and local laws governing the identification, preparation, workers, equipment, safety, monitoring, signing, fencing, removal, hauling and disposal of friable 87260 87 -1 January 1990 10 -95 FRIABLE ASBESTOS In cases involving friable asbestos the Contractor shall secure the services of a licensed asbestos contractor for the removal and disposal of asbestos. Contractor shall be responsible for maintaining, monitoring, securing, I and posting the site in accordance with all laws, regulations and permits required for asbestos abatement work. Contractor shall maintain all records required for asbestos abatement work. Contractor shall provide the Contract Administrator with copies of all documents required for the asbestos abatement work and a certification at the conclusion of the asbestos removal and disposal that all work was completed in accordance with the appropriate laws, regulations and permits. The Contractor shall use a California Uniform Hazardous Waste Manifest which will be signed by the Contract Administrator or his designee. The Contractor shall use hazardous waste haulers having current registration with the California Department of Health Services (DOHS), and shall have a U.S. EPA Identification Number (US EPA ID number). Caltrans will supply the EPA generator number for the Contractor for the disposal friable asbestos. 8726087-1 January 1990 10 -96 Revised per Addendum No. 2 and non - friable asbestos and shall supply copies or information on all applicable licenses, permits, and notifications required by applicable laws and regulations. 1 Applicable regulations include, but are not limited to, the following: 1. California Health and Safety Code, Division 20, Chapter 6.5 Hazardous Waste Control, Chapter 6.8 Hazardous Substance Account. 2. 40CFR61 Subpart M- National Emissions Standards for Asbestos. 3. California Code of Regulations, Title 8, General Industry iSafety Order 5208, Asbestos. 4. Code of Federal Regulations, Title 29, Part 26, Occupational Safety and Health Administration. 5. Code of Federal Regulations, Title 29, Part 1910, Hazardous Waste Operations and Emergency Response. ' 6. South Coast Air Quality Management District Rule 1403. FRIABLE ASBESTOS In cases involving friable asbestos the Contractor shall secure the services of a licensed asbestos contractor for the removal and disposal of asbestos. Contractor shall be responsible for maintaining, monitoring, securing, I and posting the site in accordance with all laws, regulations and permits required for asbestos abatement work. Contractor shall maintain all records required for asbestos abatement work. Contractor shall provide the Contract Administrator with copies of all documents required for the asbestos abatement work and a certification at the conclusion of the asbestos removal and disposal that all work was completed in accordance with the appropriate laws, regulations and permits. The Contractor shall use a California Uniform Hazardous Waste Manifest which will be signed by the Contract Administrator or his designee. The Contractor shall use hazardous waste haulers having current registration with the California Department of Health Services (DOHS), and shall have a U.S. EPA Identification Number (US EPA ID number). Caltrans will supply the EPA generator number for the Contractor for the disposal friable asbestos. 8726087-1 January 1990 10 -96 `. Revised per Addendum No. 2 Disposal of the friable asbestos shall be at (name, address of disposal facility) and no other facility will be allowed without the written approval of the Contract Administrator. Contractor shall pay any disposal site charges. 1 NON - FRIABLE ASBESTOS I 9726087-1 January 1990 10 -97 Non - friable asbestos containing material waste is not to be considered hazardous waste. The Contractor shall take precautions during removal that it remains wet, breakage is minimized, minimal visual emissions are allowed and it is not physically altered or powdered to result in the release of free asbestos fibers. An EPA generator number is not required for non - friable asbestos. Non- friable asbestos shall be placed into appropriate containers and suitably covered. Disposal of the non - friable asbestos will be at (name, address of disposal facility) and no other facility will be allowed without the written approval of the Contract Administrator. Contractor shall pay any disposal site charges. E. REMOVAL OF UNDERGROUND STORAGE TANK(S) Contractor shall remove the underground storage tank(s) in accordance with the General Specifications for Service Contracts, Sections 1 through 10 and 13 and these contract terms. To the extent that there is any conflict between these Special Provisions and the General Specifications, the Special Provisions shall prevail. Removal of underground storage tanks shall conform to the guidelines of the County of Orange Health Care Agency included in Appendix D. Whenever the word "Owner" is used in the guidelines it shall be ' replaced by the work "Contractor ". Demolition of the fill box(es), underground piping, concrete vault(s), covers, barriers, and vent pipe(s) shall be included and no further L compensation for this work shall be paid. Contractor shall backfill the excavation(s) after completion of demolition work and removal of underground storage tanks. Contractor shall not replace the paving material removed to match ' the surrounding pavement. Contractor shall comply with all Federal, State and local agency 1 requirements for removal and disposal of underground storage tank(s). I 9726087-1 January 1990 10 -97 Revised per Addendum No. 2 As directed by the regulatory agencies, Contractor, if qualified, shall sample native soil or groundwater if encountered beneath each tank. If not so qualified, the Contractor shall employ a qualified subcontractor to do such sampling. Soil samples shall be preserved in ice or dry ice; water samples shall be preserved in ice only. A complete chain of custody form shall be maintained and shall be included as an attachment to the laboratory report. The Contractor will be required to retain a laboratory subcontractor who will provide written laboratory results within 72 to 96 hours after delivery of sample to the laboratory subcontractor by the day following the taking of the sample. 87260 87 -1 January 1990 10 -98 Tank(s) exceeding 2,000 gallon capacity shall be excavated and removed with a crane. Exception(s) must be approved by the Resident Engineer. Tank removal operations shall be carried out under the district inspection of the Caltrans Resident Engineer. Contractor shall notify the Engineer, the City of Newport Beach Fire Department and the Orange County Health Care Agency, three (3) business days in advance of tank(s) excavation and removal. Tank(s) must be empty before excavation and removal. If a tank is not empty, the Contractor shall be responsible for contents to be vacuum - pumped and disposed of by a hauler of recycler registered with the California Department of Health Services. Contractor shall not drain, dump, or spill tank contents on the site. After vacuum - pumping, tank(s) shall have all piping closed off to prevent re -entry of vapor or liquids into the tank(s), but the vent pipe 1 shall be left open and attached. If vapors are present, tank(s) shall be purged of flammable vapors with dry ice at a minimum amount of 1.5 pounds per 100 gallons of tank capacity for a minimum of an hour. Contractor shall give the Resident Engineer a copy of the dry ice receipt. Local ordinances shall be complied with for disposal of the removed storage tank(s). In absence of such ordinance, after removal from the ground, steel tank(s) shall be either cut up or a minimum of six inch diameter hole shall be cut at the center of one end to prevent re -use. Fiberglass tank(s) shall be cut up. Tank(s) shall be transported to a legal disposal site approved by the Engineer. In event that tank cannot be decontaminated on site after as much contents as possible have been removed, then a hazardous waste manifest shall be prepared, and the tank shall be sent via registered hazardous waste hauler to a legal disposal site designated by the Engineer. As directed by the regulatory agencies, Contractor, if qualified, shall sample native soil or groundwater if encountered beneath each tank. If not so qualified, the Contractor shall employ a qualified subcontractor to do such sampling. Soil samples shall be preserved in ice or dry ice; water samples shall be preserved in ice only. A complete chain of custody form shall be maintained and shall be included as an attachment to the laboratory report. The Contractor will be required to retain a laboratory subcontractor who will provide written laboratory results within 72 to 96 hours after delivery of sample to the laboratory subcontractor by the day following the taking of the sample. 87260 87 -1 January 1990 10 -98 �.' Revised per Addendum No. 2 treatment. Testing should be coordinated with the Waste Treatment The laboratory subcontractor shall be currently certified by the California Department of Health Services to perform test analysis of hazardous waste in the appropriate testing category. Soil samples collected beneath tanks and /or pipelines containing diesel or gasoline shall be analysed for total petroleum hydrocarbons (TPH) using the California Department of Health Services TPH Method (specify if for gasoline, diesel or both) and E.P.A. 8020 for benzene, toulene, ethylbenzene and zylene. Waste oil contaminated soil samples shall be analyzed for total petroleum hydrocarbons (E.P.A. 418.1). Other analysis may be required by this Division.EPA Method 413.1 shall be used to check for oil and grease as needed. The Laboratory Report shall list the limits of Detection and the Test Method employed. Two copies of the Laboratory Report shall be given to the Resident Engineer by the Contractor and one copy forwarded to the County of Orange Health Care Agency. The above methods shall be used to test liquid contents of a tank when the identity of such contents is unknown. The contents of the tank(s) shall be disposed of at an appropriate Waste Treatment Facility which is approved and permitted in ' compliance with all Local, City, State, and Federal requirements. Contractor shall pump the tank(s) contents into the larger "Baker" tanks or their equivalent prior to product removal by vacuum trucks and transporting to a Waste Treatment Facility. Contractor shall arrange with the Waste Treatment Facility for testing of all tanks water /product prior to product removal and treatment. Testing should be coordinated with the Waste Treatment Facility requirements. The Contractor shall provide a Work Plan (WP) and a Health and Safety Plan (HSP) to be approved by the Resident Engineer prior to the start of work. The Contractor shall provide a WP for removal, storage, transport and treatment of the tank(s) product contents, in accordance with the proposed method and procedures outlined above in compliance with all Local, City, State, and Federal requirements. Any alternate method shall be equally cost - effective and acceptable to Caltrans. The HSP assigns responsibilities, establishes minimum levels of personnel protection and operating procedures, and provides for contingencies that may arise while the debris is being removed and transported in accordance with 29 CFR 1910.120 and all other applicable Local, City, State, and Federal requirements. The Underground Storage Tank(s) and all waste liquids shall be transported to legal disposal points to be approved by the Engineer. 87260 87 -1 ' January 1990 10 -99 `. Revised per Addendum No. 2 Contractor shall comply with South Coast Air Quality Management The Contractor must be registered with the California Department of Health Services and have a U.S. Environmental Protection Agency 1 Identification Number. All hauling vehicles must bear a current unexpired certificated of compliance issued by the California Department of Health Services. If the Demolition Contractor is not so registered, the tank ' decontamination and hazardous waste removal work shall be sub- contracted to a contractor who is registered with the Department of Health Services and has a U.S. Environmental Protection Agency Identification Number. The registered hauler shall conform to all Federal, State, and local ' regulations pertaining to lawful management and hauling of hazardous waste to a Licensed Disposal Site. Caltrans shall be responsible for supplying and completing any necessary hazardous waster manifest. The Contractor shall provide the Transporter's name and U.S. EPA I.D. Number. Contractor shall also submit Disposal Site receipts to the Engineer. Contractor shall comply with South Coast Air Quality Management District (SCAQMD) Rule 1166. Proper notification must be given to SCAQMD as required. A contingency plan to obtain a Rule 1166 1 permit shall be prepared in the event such permit may be required. Monitoring for potential organic vapor contamination of the soil shall be performed during the excavation. The Contractor shall schedule the service station demolition and underground tank removal as one of the first items of work in order to avoid unnecessary delays in completion of the project. The contract does not include the removal of contaminated soil ' around the underground tanks or within and /or adjacent to the demolition area. If the testing of the soil required by subsection 10- 1.86E "Removal of Underground Storage Tanks" discloses the existence of contaminated soil, a separate contract will be awarded by the State to remove and dispose of the material. Should the removal of contaminated soil be required, the Contractor shall cooperate, schedule and coordinate his work with the specialty Contractor hired by the State for the removal and disposal of this hazardous material. ' If the presence of contaminated soil and its removal results in unforeseen delays to the Contractor, the time of completion will be extended for actual time lost by the Contractor as a result of delays directly caused by the removal of the contaminated soil. If removal of contaminated soils is required all backfill will be ' accomplished by the specialty Contractor. 8726087-1 January 1990 10 -100 7 . r. Revised per Addendum No. 2 F. LICENSES AND PERMITS The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. The Environmental Quality Act of 1970 (Chapter 1433, Stats. 1970), as amended by Chapter 1154 Stats. 1972, may be applicable to permits, licenses and other authorizations that the Contractor must obtain from local agencies in connection with performance of the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations, and they shall be obtained in sufficient time to prevent delays to the work. ' In the event that the Owner has obtained permits, licenses or other authorizations applicable to the work, in conformance with the requirements in said Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses ' and other authorizations. The following licenses will be required: ' a) General Engineering, Class A, or a Building, Moving and Wrecking Contractor, Class C -21. Asbestos - Related work ' shall be performed by a Licensed Asbestos Contractor. b) Tank Speciality License required; C- 61 -D -40. 10 -1.87 TEMPORARY CRASH CUSHION MODULES Temporary crash cushion modules consisting of modules with sand filling shall be furnished, installed and maintained as shown on the ' plans, and as specified in the Standard Specifications and these Special Provisions. Temporary crash cushion modules shall be either new or undamaged used modules placed and filled as shown on the plans and as provided in "Order of Work" elsewhere in these special provisions to form a temporary crash cushion. At the Contractor's option, new or undamaged used modules shall be either of the following types or equal: Energite Inertial Modules Manufacturer: Distributor: Energy Absorption Systems, Inc. Energy Absorption Systems, Inc. One East Wacker Drive 860 South River Road Chicago, IL 60601 West Sacramento, CA 95691 ' 8726087-1 January 1990 10 -101 When construction operations are not actively in progress at a particular location, the modules of the temporary crash cushion shall be placed in position immediately in front of the work area. Modules that are damaged beyond repair during handling and placing shall be removed and replaced at the Contractor's expense. ' Removing and replacing modules damaged beyond repair by public traffic, as determined by the Engineer, will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications. At the completion of the project, temporary crash cushion modules shall become the property of the Contractor and shall be removed from the site of work. 87260 87 -1 ' January 1990 10 -102 Revised per Addendum No. 2 Fitch Inertial Modules National Distributor: Distributor: Roadway Safety Services, Inc. Gades Sales Co. 111 Ridge Road 1711 Almond Avenue Douglaston, NY 11363 Walnut Creek, CA 94596 Modules contained in the crash cushion shall be of the same type at ' each location. The color of the module shall be the standard yellow color as furnished by the vendor, except that black lids are permissible. The modules shall exhibit good workmanship free from ' structural flaws and objectionable surface defects. Sand for filling the modules shall be clean washed concrete sand of ' commercial quality. The top edge of the seal in used Fitch modules requiring a seal shall be securely fastened to the wall of the module by a continuous strip of heavy duty tape. Modules shall be filled with dry sand in accordance with the manufacturer's directions, and to the sand capacity in pounds for each module as shown on the plans. Moisture content of the sand shall not exceed 7 percent. ' Temporary crash cushion modules shall be placed on movable pallets or frames, conforming to the general requirements shown on the ' plans, which provide a full bearing base beneath the module. A Type P marker panel shall be attached to the front of the leading ' module of each crash cushion as shown on the plans. The marker panel shall be firmly fastened to the module with commercial quality hardware or by other methods approved by the Inspection Team. The modules and supporting pallets shall not be moved by sliding or ' skidding along the pavement or bridge deck. When construction operations are not actively in progress at a particular location, the modules of the temporary crash cushion shall be placed in position immediately in front of the work area. Modules that are damaged beyond repair during handling and placing shall be removed and replaced at the Contractor's expense. ' Removing and replacing modules damaged beyond repair by public traffic, as determined by the Engineer, will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications. At the completion of the project, temporary crash cushion modules shall become the property of the Contractor and shall be removed from the site of work. 87260 87 -1 ' January 1990 10 -102 Revised per Addendum No. 2 ' Temporary crash cushions will be paid for on a lump sum basis regardless of the number of crash cushions or crash cushion modules ' required. The contract lump sum price paid for Temporary Crash Cushion and ' Temporary K -Rail shall include full compensation for furnishing all labor, materials (including sand, pallets, and Type P marker panels), tools, equipment and incidentals, and for doing all work involved in installing, moving, maintaining and removing the temporary K -Rail and the temporary crash cushion modules as shown on the plans, as specified in these special provisions and as directed by the Engineer. No additional compensation will be allowed therefor. ' 10 -1.88 ASPHALT CONCRETE DIKE Asphalt Concrete Dike Construction shall conform to Section 39 "Asphalt Concrete" of the Standard Specifications. ' Payment for "Asphalt Concrete Dike" shall be made at the contract price per lineal foot of dike and shall include all labor, materials, tools and equipment to complete the work. No additional compensation will be allowed therefor. J u 1 ' 8726087-1 ' January 1990 10 -103 1 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN NEWPORT BOULEVARD WIDENING CONTRACT NO. 2642 1 ADDENDUM NO.3 SEPTEMBER 5, 1990 NOTICE TO BIDDERS: ' BIDDERS shall propose to complete Contract No. 2642 in accordance with plans, proposal, contract documents and special provisions as modified by this Addendum No. 3. 1 The following changes are hereby made to the Special Provisions: Special Provisions: a. Section 10 -1.02 "Prosecution and Progress" 1. Delete from section - "City Hall parking lot demolition and regrading 60 working days" 2. Add to Section - "Once parking bays on 32nd Street ' are complete, contractor shall begin City Hall parking lot demolition, regrading, tree relocation, irrigation, landscaping, curb, gutter, sidewalk, signal, lighting, storm drain and any other work necessary to complete landscaping and sidewalk construction in front of and around City Hall between 32nd Street and Finley Street. This work shall be completed in 45 working days after commencement of work in this area. ' Execute and date this Addendum No. 3 and attach it to your bid proposal. No bid proposal will be accepted without Addendum No. 3 being executed and attached thereto. Do Webb City Engineer I have carefully examined Addendum No. 3 and hereby consent to it ' being made a part of our proposal. Brutoco Engineering and Construction; Inc. Bidder's Name At A tho ized i a u Mi�chae� H. King, resent September 11, 1990 Date _ �� ,rte _ . .. _..M��,.�...._.�.,..... _.: 4 NEWPORT BOULEVARD WIDENING 32ND STREET TO CHANNEL BRIDGE AMENDED PARKING ANALYSIS DECEMBER, 1989 (1) Restripe for angle parking (2) Reconstruct curb gutter and sidewalk on 32nd Street adjacent to City Hall and restripe both sides on 32nd Street for angle parking. (3) City Employee Parking Management Plan - Use of city vehicles and car pool provides for- a) 10 spaces for public use b) 2 additional City Hall visitor parking spaces (4) Maintain existing parking spaces by reconstructing and restriping lot. (5) Use permit acknowledged substandard parking spaces within Caltrans right of way and recommended parking in adjoining parking structure. 87260 12/14/89 82/0338 Existinp Proposed City Hall parking lot 46 0 On Street Parking Villa Way Ld 32nd Street 4 8 (1) 32nd Street, Newport Blvd. to Villa Way 22 52 (2) Newport Blvd., 32nd to Short Street 21 21 City Hall Employee Parking Lot - 12 (3) Via Lido Shopping Center (private) 130 130 (4) Business Parking - Via Lido to bridge (private) 13 13 (5) (does not include gas station) Totals 236 236 (1) Restripe for angle parking (2) Reconstruct curb gutter and sidewalk on 32nd Street adjacent to City Hall and restripe both sides on 32nd Street for angle parking. (3) City Employee Parking Management Plan - Use of city vehicles and car pool provides for- a) 10 spaces for public use b) 2 additional City Hall visitor parking spaces (4) Maintain existing parking spaces by reconstructing and restriping lot. (5) Use permit acknowledged substandard parking spaces within Caltrans right of way and recommended parking in adjoining parking structure. 87260 12/14/89 82/0338 FROM DDIST 12 PLHNNING -6 TRANSMITTAL -. GALTRANS DISTRICT 12 DEPARTMENT OF TRAN8PORTATION 2501 PULLMAN 87 BANTA ANA CALIFORNIA 02705 PHONE 0 (T 14) 724 -2216 FAX a (114) 724 -2662 TO: ".M".h ATfN: SUBJECT: , 1989 8:19AM P.01 7- 1. DATE: ko- 3 -gq LIMITS: ar 5s CO. RTE. P.M. THE FOLLO/W�IH I ITEMS ARE TRe,, NSMITTED : 1210HEREMM. rj V*MjV Gr4%gmY eWjzW FROM:.y -� _c2.�1 Ct�•S DESCRIPTH)N THE FOLLOWING ITEMS ARE TRANSMITTED: OAT YOUR REQUEST FOR TOUR INFORMATION ❑FOR YOUR REVIEW b` REMARKS: COPIES TO: KtCFIVf1) 'Y9. iC ftkAs 00' 0 4 J989 It cz. ; CALIF FROMDDIST 12 PLHNNING TO:96443339 . OCT 4, 1989 8 20AM P•0 wven GEORGE DEVKMEJIAN, Oersrnu ' m'ara +oamaraa� CALIFORNIA COASTAL COMMISSION SOVTM COAST AREA 715 WEST BROADWAY, SUITE 980 IONC BEACH, CA "M IMPQRTANT P&IC HEARING NOTICE (715) SWS071 PERMIT NUMBER: 5 -89 -724 APPLICANT: Caltrans /City of Newport Beach PROJECT DESCRIPTION: Demolish gas station and part of bridge. Widen the east side of Newport Blvd., widen the east side of the Newport Channel Bridge, construct new ramps in the southwest quadrant of the interchange of Coast Highway and Newport Blvd., widen the sidewalk on the east side of bridge for bicyclists and pedestrians, ramp construction and sidewalk modification on the west side of Newport Blvd. to provide for bike and pedestrians during construction, rebuild the Newport Beach City Hail parking lot and utility and storm drain relocations as requested. PROJECT LOCATION: East side of Newport Blvd. between 32nd St, and Pacific Coast Hwy, including Newport Channel Bridge in Newport. HEARING DATE AND - LOCATION: GAIL: Wednesday, October 11, 1989 Item IS h TIME: 9:00 a.m. PLACE: Ramada inn - Old Town 2435 Jefferson Street San Diego, CA (619) 260 -8500 HEARING PROCEDURES: People wishing to testify on these matters may appear at the hearing or may present their concerns by letter to the Commission on or before the hearing date. Copies of all correspondence will be provided to the Commission if received a minimum of three working days prior to the public hearing. Written comments may be of any length; oral testimony may be limited to 5 minutes or less for each speaker, depending on the number wishing to be.heard. No one can predict how quickly the Commission will complete agenda items or how many will be postponed to a later date. The Commission begins each session at the time listed and considers each item in order, except in extraordinary circumstances. Staff at the appropriate commission office can give you more information prior to the hearing date and you can call the staff at the hearing location for last- minute information. Questions regarding the report or the hearing should be directed to _ Vicky Komie at the above address. t f� II FROMtDDIST 12 PLANNING TO* %443339 OCT 4, 1989 8 :20AM P.03 STATE OF CALIFOON1A -THE RESOURCES AOENCY Or ! 2 ' % V% GEORGE DEURMUTAN, 09"ro CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG SEACH, CA 40802 (213) 54D5071 VV\ \, \IVJ 49th Day: October 20, 1989 180th Day: Febru 28, 1989 a Staff: V. Komie V�_ Staff Report: September 25, 1989 Hearing Date: October 10 -13, 1989 Commission Action: STAFF REPORT: REGULAR CALENDAR APPLICATION NO.: 5 -89 -124 APPLICANT: City of Newport Beach /Caltrans PROJECT LOCA110N: Newport Blvd, between 32nd St. and Pacific Coast Highway, Newport Beach PROJECT DESCRIPIION: Widen the east side of Newport Blvd., widen the east side of the Newport Channel Bridge, construct new ramps in the southwest quadrant of the interchange of Coast Highway and Newport Blvd., widen the sidewalk on the east side of bridge for bicyclists and pedestrians, ramp construction and sidewalk modification on the west side of Newport Blvd, to provide for bike and pedestrians during construction, modify the Newport Beach City Hall parking lot and utility and storm drain relocations. Demolish gas station and part of bridge, Lot area: NA Building coverage: NA Pavement coverage: NA Landscape coverage: NA Parking spaces: NA Zoning: NA Plan designation: NA Project density: NA Ht abv fin grade: NA LOCAL APPROVALS RECEIVED: Newport Beach Approval in Concept SUBSTANTIVE FILE DOCUMENTS: 1. Newport Beach Certified Land Use Plan 2. Coastal Commission Staff Report and Recommendation on Consistency Certification October 20, 1989 SUMMARY OF STAFF RECOMMENQATION: Staff recommends approval as submitted, FROM :DDIST 12 PLANNING TO :96443339 OCT 4, 1989 09- 724(Newport /Caitrans) Page 2 STAFF RECOMMENDATION: The staff recommends that the Commission adopt the following resolution: 1. ADDroval with Conditions. The Commission hereby grants a permit, subject to the conditions below, for the proposed development on the`•grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 11. Standard Conditions. 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. Expiration, if development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 8 :21AM P.04 f Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24 -hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it 1s the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. FROM *DIST 12 PLRNNING TD :96443339 . OCT 4, 1989 a :21RM va- ,cv�nowyui Li �ar�r'arro/ Page 3 111. Special Conditions. None IV. Finding and Declarations. The Commission hereby finds and declares: A. PROJE.CI DESCRIPU N: The City of Newport Beach and Caltrans are the joint applicants for a proposed public works project that consists primarily of widening the east side of Newport Blvd. between 32nd St. and Pacific coast Highway; and widening the east side of Newport Channel Bridge. Constructing new ramps in the southwest quadrant of the interchange of Coast Highway and Newport Blvd. is also proposed. To provide for bikes and pedestrians during construction the sidewalks on the east side of the bridge and west side of Newport Blvd, will be widened. Modification to the Newport Beach City Hall parking tot and utility and storm drain relocations are part of the project. The project will require the demolition of a gas station and part of the bridge. B. BACKGROUND: This proposed project is one segment of a larger public works project to improve California Route 55. Traffic congestion, public safety and expected increases in traffic are the reasons for the project. In 1984 the Coastal Commission prepared a Staff report and Recommendation on Consistency Certification for Caltrans, as Caltrans was an applicant for "Federal Assistance to State and Local Governments ". The segment of the highway improvement that is the currently proposed project was originally a more extensive street and bridge widening. Newport Blvd, and the Newport Channel Bridge were to be widened on both sides rather than the one lane on the east side now proposed. The Final EIS evaluated the project as originally proposed as a 2 lane improvement. An Environmental Reevaluation (June 1989) for the revised one lane widening was submitted with the current application. C. TRAFFIC /PUBLIC ACCESS: Section 30252 of the Coastal Act states in part: The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation, The purpose of the project is to relieve current traffic congestion and provide for future increases in traffic. Newport Channel Bridge and Newport Blvd. are important routes for the beach going public. As the completed project will maintain and enhance public access to the coast, the Commission finds that it is consistent with Section 30252 (1) of the Coastal Act. During construction however, the project will create some extra traffic congestion. As mitigation, the City /Caltrans proposes to have construction take place P.05 FROM :DDIST 12 PLANNING TO :96443339 OCT 4, 1989 8 :22AM P.06 •- oy- rt4lnewpOrt /�ditranS) Page 4 during the "off peak" months and to widen the sidewalks to maintain safety and access for pedestrians and bicylists. The project will require the removal of 11 parking spaces located adjacent to the Channel Bridge, These spaces are to be "relocated" to the City Hall parking lot. (see exhibit 2) The Consistency Certification by the Commission in 1984 stipulated that the project would only be consistent with the Coastal Management Program if there was one -for -one replacement of parking for any parking removed along Newport Blvd. including both on and off street public parking. Therefore, the Commission finds that the one - for -one replacement of parking spaces provided for is consistent with Section 30252(4) of the Coastal Act by providing adequate parking facilities. 0. MARINE RESOURCES: Section 30230 of the Coastal Act states: Marine resources shall be maintained, enhanced, and where feasible, restored. special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long -term commercial, recreational, scientific, and educational purposes. Section 30233 of the Coastal Act states: (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (5) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. The applicant proposes to widen the Newport Channel Bridge 30 feet on the eastern side to create one extra lane and bring the lane widths into conformance with current standards. Possible habitat disturbance or distruction from the placement of the pilings was evaluated by the Commission in its Recommendation on Consistency Certification. The Commission found that: "In -this limited case the bridge widening is found to be an allowable use incident to public service purposes due to the fact that the impacts of the extension of bridge surface area and placement of pilings will be: 1, within a previously altered, highly modified estuary and as such will have minimal effect on bottom dweller and water column habitat values associated with estuaries; 2. incident to an existing bridge on pilings where hydraulic effects already exist and therefore any additional hydraulic effects will be minimal; and FROM:DDIST 12 PLANNING TO :96443339 OCT 4, 1989 8:23AM Wov -ic4 kmewpurl /6dILrins/ • Page 5 3. minor with regard to shading under the bridge and consistent with previous Commission decisions regarding pier extensions. As long as cumulative threats are not posed which might significantly alter habitat in an area, the temporary adverse impact of piling placement can be offset by creation of vertical habitat opportunities, possibly resulting in increased species diversity and presenting new surfaces to which organisms can attach.... The significance of the effects of shading larger areas of coastal waters depend on the specific design and the specific habitat values of the site, as well as the extent of additional development expected to occur in the general project area...," The proposed bridge widening is approximately one half as extensive as the original bridge widening project that was evaluated by the Commission in the above finding. The project as now configured poses even less potential for habitat distructlon. Construction techniques that create little turbidity and bottom disturbance are proposed. The Commission finds that the project is an allowable use and there is no less feasible environmentally damaging alternative and is therefore consistent with Sections 30230 and 30233 of the Coastal Act. E. LOCAL COASTAL PROGUM: Section 30604(a) of the Coastal Act provides that the Commission shall issue a Coastal Permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with Chapter 3 policies of the Coastal Act. The Newport Beach Land Use Plan was certified on May 19, 1982. As submitted, the proposed development will not create adverse impacts and is consistent with the policies contained in the LUP. Therefore, the Commission finds that approval of the proposed development will not prejudice the Citys' ability to prepare a Local Coastal Program implementation program for Newport Beach which is consistent with the policies of Chapter 3 of the Coastal act as required by Section 30604(a). 20620 MIZA FROM :DDIST 12 PLANNING TD'96443339 OCT 4, 1989 8:23AM P. @8 II I FROM:DDIST 12 PLANNING • TO :96443339 • OCT 4, 1989 8 :24AM P.09 Newport Bouldevard Widening JUL 88 M9 32nd Street to Channel Bridge Parking Analysis , Exist_ inA Proposed City Hall parking lot 46 37 On- street parking - 32nd Street to Short Street 21 21 Via Lido Shopping Center (private) 13 4 (1) Business parking area Via Lido to Bridge (private) (does not include gas station) 13 13 (2) Totals 9S 95 (1) itesubdivision agreement acknowledged loss of parking spaces in exchange for required street right of way. (2) Use permit acknowledged substandard parking spaces within Caltrans rlght -of -way and recommended parking in adjoining parking structure. JAM /megM2 87260 - 6/7/89 0 EXHIBIT NO. Z FROM:DDIST 12 PLANNING • TO:96443339 s (COPY 9/25/89 Rear Admiral J.W. Kime Eleventh Coast Guard District Bldg. 10, Rm. 214 Coast Guard Island Alameda, Ca. 94501 • OCT 4, 1989 6:25AM P.10 RECEIVED AID TO NAVINT10N RRAN^" 5t P fyr►g Re; Public Notice 11 -71 -West Newport Channel Bridge Admiral Kime; Although I did not receive a copy of 11 -71 through the mail, I obtained one from a neighbor and feel obliged to reply. My wife and I feel the bridge should NOT be widened unless it is also raised. our reasons are: 1. The bridge was built in 1936, CALTRANS says it is still in satisfactory condition. We do not feel it is wise to repair a bridge this age. We would like an independent inspection before any construction starts. 2. When the bridge was built, there were less than 10 homes in this area, the boats (from pictures) appeared to be of the "skiff" variety. There are now approximately 400 boats berthed behind the bridge, They range from skiffs to 34 feet long. The larger boats must often wait for tow tides to enter and exit. I have seen many instances of damaged antennas and flybridges due to the low clearances. I once saw a sportfisher trapped under the bridge. It had to have water pumped into the hull before it could be removed. These incidents are not recorded as are traffic accidents. You said one purpose of the project was to increase bicycle and pedestrian safety. Before issuing this permit, check into the number of pedestrian and bicycle accidents. Then consider if the safety of boaters isn't just as important. 3. In this day and age, noise pollution is a Problem that should be should be addressed in any highway project of this magnitude. Sound wails on the West side of the project could alleviate some of this noise. The EIS you are using as a guideline is dated enough that it may no longer entirely valid. 4. One aspect that should be considered is the venturi effect on this extended tunnel. In windy conditions, the lose of an engine at a critical time would be accident potential, especially since boats of all types are transiting in both directions along this narrow channel. Again, this has apparently not been considered, and s should be investigated and reported on before a permit is issued. In conclusion Admiral, let me say that boater safety is of prime consideration. Engineering wise, our wants are practical. There is no urgency to widen this bridge immediately, let's dq this project properly. If they must widen, let them also raise the bridge. Sincerely, Thomas H. 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Rgo ° rna 0• •ra. °g�' rrr (D C1 �np grrriG Sts b y rarrr0iroy N E"+ 3 w O 'O w°m��aa ro Rrkaw�� cr rt a nU" 0 O�. G eii� r CD w' 3 G1 n OS `•�G G.. rpm��•• w Ln rr 4Tamm�T - ^m0 �5.. 9. M..S rq `C II I�y m a C E O N Mrr%Q pn m$ n O� w ro`Gr Orr£ r ~ n m. O I t z O m ca 0 0 n � 3 0 Dip H H c ; cn rOrC�i �C�•aomt� N rr r�n -+I- rt H. I n r• M co a n r- rt a w (� 1.0 IB H t-n S. ti S 18D, O H 2 O Fnni 6ri N r0h V� Y ra 1D OOD (D. E ct 0 m cr I0- 0 W Zr � a ~QQ O J Z N OD V11 a• {fw]� W N W a[ U Orr a n Nn r ford d 00 o r C n m cr G R CD, b • ~' G a to a' z O m ca 0 0 n � 0 Dip H H c ; to d tv C t>d y Y rn H c C �y 0 •11 v K W O a H 0 0 Y H H Ono C t>d W y G C � b y xf K d d rZ Nd N C • • r p O � N Z r C me �0 3 December 15, 1989 The Coastal Commission(Attn: Vicki Koma) 245 West Broadway Long Beach, CA Dear Vicki, 0 DEC 1 S 7980 D co,�sr�U 04M s ry SOUTH CpABT Glarmicr As per our three telephone conversations regarding the widening of the street between 32nd Street and the Pacific Coast Highway in Newport Beach, I am submitting the following signatures requesting a public hearing. The city has not responded as of today with a request for the amen.¢ed project. It has, however, been represented to me by The City Council Proposal and the Department of Special Projects that they intend on modifying the allowed number of parking spaces. This position is hypocritical and unacceptable to the undersigned residents of Newport Beach. You have stated to me that it is the job of the Commission to watch dog such parking problems. As a public agency I feel it important that you are aware of the opposition to this proposal by local people. It is therefore our request that before any decision is made by the Commission, a public hearing be named and the residents of the effected area be notified. Sincerely, .. Duncan P. Forgey A/B seeking Old can plan for City Hall parking By IRIS YOICOI Of the Dart, ref sf.a Newport Beach will try to gel state Coastal Commission approval of a park- ing plan for City 11311 that will keep the city's front lawn from being paved over during the widening of Newport Boulevard. l'Iie city will create 49 angler) parking spaces along 32nd Street and Villa Will the City Council decided Monday. No spaces will remain in front of Cit) Ifall, where the lawn will extend to Newport Boulevard. The plan also calls fur rcSoillinl; Via Lido Plari s wesicnl parking lof ull'New- port Iluulcvard and allowing 13 city anployces to drive city vehicles to Ind from work to open up spaces that would Otherwise be taken up by private vehicles. The parking plan is needed to recon- figure parking around City VIII when work begins un file widening of Newport Boulevard from Coast Highway to 32nd Strcct. The project, which includes the widen- ing of the bridge over Coast Highway, will cost an estimated $3,6 million of which the state is funding $1.3 million. the county $700,000 and fhc city file remainder. The state Coastal Commission has specified the city must provide 57 re- placement parking spaces. Council members earlier this month reviewed alternative parking ideas, bill weren't happy with the elimination of landscaping in those plans and asked Ibr options that retained greenery. The Newport Boulevard widening will eliminate the existing 46 spaces in front of City Hall and was expected to remove 11 spaces from file Via Lido Plaza -hop - ping center just north of City Hal Shopping center officials now sa' :hey call provide those I I spaces by rest ping the lot into perpendicular stalls, City Engineer Don Webb said. 'I he council Monday rejected a rec- ommendation to negotiate liar leasing prnpaly at 420 32nd Strcct for parking. The council list, set a nlaxinlmn budget for the project of $45,001). Now the challenge will fie k) gel the Coastal Commission to Ippinve the plan —and soon — since file commission has approval :in earlier plan In provide 57 perpendicular spaces w'illl a two -xvay aisle in front of City Ifall. Itlhe slate agency does not appime the now Lily Mill parking plain in Iwo or Three nunllhs, till, widening project will be ddaycd and the city could Inse the $1,3 million in $talc funds, which could he used inslend for road work in the earthquake - ravaged San Francisco area, according to City Adanager Robert Wynn, The city doesn't have the tittle to redesign the plan if the slate or eltVC115 Lind problems will it or if contractors find the work difficult and thus submit bills flat are over budget, WN'tin said. "We're taking if risk by taking this route," Wynn said of Ibe new plan. "We don't have a seven- moutil turnaround time with this project, or we'll lose funds." No matter which configuration is im- plemented Inc- the 57 spaces, file city will still eventually uocrl a parking structure at City Hail, according to Web(1. "Nye consider angle parking on 32nd Sircel h) be a Icniporary solution until a p:nling structure is buih." Ile said. The council directed city officials to pursue design and coustruciirnl of such a parking structure. Webb said lire size and location of the structure has yet to be determined, but a two -level structure along the north side of City half has been mentioned as a possibility in fhc past. Webb eslinimed such a structure would cost $940,000. 0 6 The Orange County Register 0 Wednesday, Nov. 8- Thursday, Nov. 9,1989 6t Newport widening project to remove City Hall parking By Karen Laviola T he Recislcr ' NEWPORT 13LACI1 — After • :-years of insisting that businesses iand residents be provided wilh ad- equale parking, city officials are :scouring every nook and cranny 'for S7 parking spaces to serve City Hall. A street - widening project that will add a northbound laic to New - "purt Boulevard beginning; in the spring will wipe uul hall, 11 park - ing lot in front of Tcwpurt 13cach :City Hall. :. A plan to move the lug :34 feet closer to the building at a Cost of . S64.0uo was given tentative approv- al by the Cily Council in 1984 in :anticipation of the widening, said •,'City engineer Don Webb. But that plan is now being recur- ; . sidered. It and several other op- .4ions came under fire during a .council study session last week. At least two council members want to remove all parking front in front of the complex and replace i :'the asphalt with huxlscy>ing. "ll never dawned un one you 'were going to carve not all of our ,;grass," Councilwoman IWillelyn Plummer told the city's public works stuff. j In rcuosidering the original plan, the council directed oily staff ,members to look at alternatives. iucludinc possibleronstrucliun ora '-daublr Ck ptu•kini; l:;U'uge next r� V ouncilma providing meet parking found. n Clarence Turner raised valet parking at City Hal needs until a permanent to City Hall that would cost $940,000 and provide double the 66 spaces available in that lot. The council is expected to discuss the matter, Nov. 27. A decision should be made soon so that about $1.4 million in state funds for the $3.6 million street - widening project are not jcopar- dired, City Manager Robert Wynn told the council. If the city delays awarding bids on the project too long, the California Department of 'Transportation might withdraw funding in favor of emergency aid In San Francisco in the wake of the area's devastating quake last month, Wynn said. The county is contributing about $700,000 toward the widening pro- ject, and the city will finance the rest. Webb said. The Coastal Commission ap- proved the city's original plan in October, Webb said. The co emis- sion requires coastal cities to re- place lust parking spaces to assure public access to coastal areas. If the plan approved by the cony mission changes drastically, the commission would probably re- quire a new hearing, which could delay the road Iwoject, Webb said. the possibility I temporarily t( solution is Among the options.presentee city staff members is one I would provide more grass in ft of council chambers, next to Hall, bill would take out the ; yard to add parking along 3 street. Another would scatter park spaces in lots around the City E' area, but that probably would receive commission approt Webb told the council. Councilwoman Evelyn Hart s+ she does not want to miss the i portumly to entirely remove pa'. ing from in front of City Hall. "Once I see a piece of asphalt in," Hart said, "I have never se it cone out." Councilman Clarence Turn raised the possibility of providi . valet parking at City Hall temp rarily to meet parking needs until permanent solution is found. The widening of Newport' Boul vard is expected to take 18 moral Webb said. since about one -thi of Balboa Peninsula's out -boo traffic takes Coast Highway, t addition of the third northbow lane out of the city will allevia congestion, Webb said. • 0 beach community has had traffic problems. As one longtime resident observed: "it goes with the territory." Here, in the early 1920s, a heavy congestion of Model Ts and other vintage autos clogs Newport Boulevard at the Arches. With or without growth constraints, Newport Beach will have traffic congestion, particularly during the summer months or on any hot weekend. Photo courtesy Newport Beach Historical Society. 0 0 The undersigned residents of Newport Beach are opposed to the proposed parking changes in front of the Newport Beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: Name address �•�ir��N.�,�,����� 366v j9,47. SA14"l Aid &bop (E��L�•l {�l. +,tiilf.:��.. 1= 'r' >.j IlL'.?� I, LIo- 1 \�.1.:. C2: x'l,' i b-vo -I r) \) �Ot�� Zoq�ik��S �h6-rr�a�n� �hcAe 75,�-qkgoe�— f��.tewo iature Ile �J')CL ton (3 � Nwl C9���YyI.Y d U/di %f iature Ile �J')CL ton (3 � Nwl C9���YyI.Y d The undersigned residents of Newport beach are opposed to the proposed City Hall. parking changes in front cf the Newport beach It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: Name address signature JAI-, The undersigned residents of Newport Beach are opposed to the proposed parking changes in front of the Newport Beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: Name address 3D, 3z-P sf signature D w R S. - � a 51 2,9 4-0 ' l7 Q4", " V s V/4 Lioo NaL� O w -�N�• L_1 0 The undersigned residents of Newport beach are opposed to the proposed parking changes in front of the Newport beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: Name address signature �!'�y� Iii � 7 W f kl� b t �z J,.47- cam_ O/q/ -112 (GleglG ZL d% C2�wscY/G1 �� Zl/ z0a_ .lC.l:., /_•1. G`. �_.�. a..L �(. ✓(� %�lGC. %: �G�('Cll:iCCLG �: �ZA.,i 1. i... /�CI �'�. ��, �. .. �. • .. 1. L J' i (t (_ _ C L l- L 1. L , 1, The undersigned residents of Newport Beach are opposed to the proposed parking changes in front of the Newport Beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: Name _ address s' 7nat _ t \� vF�C C > 1 "�rjjS��SCC L5 i�N`IcL,� 4t-4A.j C�7�1�y5 'k." o 11f,—JZcr;; L� ss S j� Near �� C4 IM&U ,q NLwPJy T (;EACt� C�j `idi�E7 5_; / Gc�Esi r4� c/ ;�1 iL ,4r1F <'31 WSqrnUn1Ar C/) 9 i.lc� r 0 The undersigned residents of Newport Beach are opposed to the proposed parking changes in front of the Newport Beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: Name address signature f J I0 4x- P --�L . ' 1644 r i ll� 3 1�i5Ti9 - /mac 39,q. qA6LO i sa , 7 %,) // o �ivs �rri•9- CwM A,' /3, Ct7 zr- (:�c ,r) 3. Cr*)�,\ C-�1c(I ti, -) A- 9-.1-E,(bC1 ��/ l��w r 0 The undersigned residents of Newport Beach are opposed to the proposed parking changes in front of the Newport Beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parting spaces. We desire a public hearing on the matter: Name VZJ Mc. L ICRNAV s�e0� A A A r, 4w <I AQ ,3,1�� I, "il M address 3ao� Mme. . aUgf� LjUl. Si NPb op 15/SI lq6 /S yr P AZ6 c /signature ezI, ✓f ram-- 331'2 J�- r3AYFfwr 5qtub+F': l.) ,/ v c The undersigned residents of Newport Beach are opposed to the proposed parking changes in front of the Newport Beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: �,Cc�aaw 77 Name address signature RAW gbb l� iA'b�y Quz . 0 3 � S z' ,, /-4wy ��4, U [-,� P fN%c19- 0 1i The undersigned residents of Newport Peach are opposed to the proposed parking changes in front of the Newport beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: Name address signa4Mr �r. • i The undersigned residents of Newport Reach are opposed to the proposed parking changes in front of the Newport Reach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: Name address signature Do oo I The undersigned residents of Newport Beach are opposed to the proposed parking changes in front of the Newport Beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: / Name %} �scvhe address :Y signature �GCP cL- -_.� `- Sli" i are apposed The undersigne residents of Newport beach a to the proposed parking changes in front of the Newport Beach City eliminating Parking Hall. It is our opinion that the council is giving the city preferential treatment in matter: spaces, We desire a public he sionature/ 44 Name U'k_ rv- address a-13� J✓Le"Qo�'t' �v\ V o� N C STATE OF CALIFORNIA —THE RESOURCES AGCY / 7 Q�'C F _ _ _ GEORGE DEUKMEJIAN, Gowen r CALIFORNIA COASTAL COMMISSIO* 9� SOUTH COAST AREA QG�1 Page 1 of 2 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 - Date: October 18, 19 ' (213) 5M5071 �;: - - ;%� Permit No. 5 -89 -724 COASTAL DEVELOPMENT PERMIT On October 11, 1989 the California Coastal Commission granted to City of Newport Beach /CalTrans this permit subject to the attached Standard and Special conditions, for development consisting of Widen the east side of Newport Blvd., widen the east side of the Newport Channel Bridge, construct new ramps in the southwest quadrant of the interchange of Coast Highway and Newport Blvd., widen the sidewalk on the east side of bridge for bicyclists and pedestrians, ramp construction and sidewalk modification on the west side of Newport Blvd. to provide for bike and pedestrians during construction, modify the Newport Beach City Hall parking lot and utility and storm drain relocations. Demolish gas station and part of bridge. more specifically described in the application file in the Commission offices. The development is within the coastal zone in Los Angeles County at Newport Blvd. between 32nd St. and Pacific Coast Highway: Newport Beach, CA. Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director By. Title: St ff Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance. . . of any permit. . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). gi _ .�pr "4tru,S Date nature of Permittee STANDARD CONDITIONS: W COASTAL DEVELOPMENT PERMIT Page 2 of 2 Permit No. 5 -89 -724 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24 -hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: NONE. 2308D:VK /gf CAI*01041�'• COASTAL COMMISSI16 245 West Br odWM street, Suite 38® L ong BeO&l CA gOS02-1450 0 • y • h!.r .r 1. •}'f �!�t�Y • h't - y' EA ifut hereby notify the cALilomh coASTAL comISSION that i /we began the development authorised by Permit Humber on . and that the development will be Date Construction Began completed in accordance with any conditions imposed in the permit. Signature of Applicant or Representative Date 0 o� d a-+ .o O i g O K H. LL H U W 7 m N O F N d CL O u V) uj W O O Q ca Z a w E F- w Q N N W U' Q N N W f Z W H F- c7 2 H CL 3 Z H H d P� Sl DodC 1 p� r <. 1 L/D SANDS rr , Y'R fl3 ?Z 8qI'sOA Y �gk'�cc �•' j�j��-- �c'aw�z �T �.: dvE. .� p� •L69�� L7 �04NN6 W LT /Y= awe. RNER C O C Al C� n oL(j C=�, o �, 000 go LOCATION ti o l ` iSrN:. , ES OKI � � �_c • /Cr Wr cO\1 tS C '3 per® \ �® 1 L/D SANDS rr , Y'R fl3 ?Z 8qI'sOA Y �gk'�cc �•' j�j��-- �c'aw�z �T �.: dvE. .� p� •L69�� L7 �04NN6 W LT /Y= awe. RNER C O C Al C� n oL(j C=�, o �, 000 go LOCATION ti o l ` iSrN:. , ES cO\1 per® \ ON` r7vik r�-1 r APPLICATION FOR "APPROVAL IN CONCEPT" NO. CITY OF NEWPORT BEACH FEE: APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Section 13210 and 13211. General Description of Proposed Development:U`-1... / /i'r, :r,�' l; ,'�.,,,� ;�,rjC+•ll 32- "'i �u IIi. %i Property Address 1 Legal Description: / %/ '` Z, (r,l� Applicant's Mailing Address: i r( V / 7 /il% Applicant's Telephone Number: _ ' _ - �� `' /' DO NOT COMPLETE APPLICATION BELOW THIS LINE I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application; and find ,a They comply with the current adopted Ctty of Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or o That a variance or exception has been approved and is final. A copy of any variance, exception, conditional use permit, or other issued permit is attached together with -all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written upon said plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: o, Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). Has received a final Environmental Impact Report (copy attached). y y ,S7nIE All discretionary approval legally required of this City prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by this City unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City. Date: Attachments: PLANNING DEPARTMENT JAMES D. HEWICKER, Director NOTE: No building permit will be issued until approval is received from S.C.R.C. X P m a ra 5 cc44 m 0. O U� 0 w u. 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CITY OF NEWPORT BEACH FEE: APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Section 13210 and 13211. General Description of Proposed Development: Widen the east side of Newport Boulevard from 32nd Street to PCH, including the Newport Channel Bridge and Kamp o east bound Pacific Coast Highway. Property Address: See Above Legal Description:Newport Blvd., State Route 55 (R /W) Zone: Applicant: Cal trans /City of Newport Beach Applicant's Mailing Address: Caltran5, District 12, 2501 Pullman Street, Santa Ana, Applicant's Telephone Number: DO NOT COMPLETE APPLICATION BELOW THIS LINE I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application; and find X)X They comply with the current adopted City of Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or o That a variance or exception has been approved and is final. A copy of any variance, exception, conditional use permit, or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written upon said plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: o Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). }} Has received a final Environmental Impac �nicopy attached) . All discretionary approval legally required of this City prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by this City unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City. Date: PLANNING DEPARTMENT JAMES D. HEWICKER, Director Attachments: ., Z: j2s- NOTE: No building permit will be issued until approval is received from S.C.R.C. APPLICAT ;ON -_FOR "APPROVAL IN CONCEPT" CITY OF NEW APPROVAL IN.,. CONCEPT THE CITY OF NEWEO appliC4tidn to the South Coast pny Adm3trative Code, Section 13210 an east bound Paci Property Address: of P opose D el: o PCfi, i nc41 ud�ng Coast Hichwm -s required for permit i pursuant to Californiat.'. side Legal Description:Newport Bivd.,Itate Route 55 (R /W) zone: evard Applicant: Caltrans /City of Newport Beach Applicant's Mailing Address:CaltranS, QWrict 12, 2501 Pullman Street, Santa Ana, CA 92905; City of Newport Beach, 3300 Newport Blvd., N.B.t'CA 92659 -1768 Applicant's Telephone Number: (7141724-2254/(714) 644- -3311 DO NOT COMPLETE APPLICATION BELOW THIS LINE I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any 3. The general uses and intensity of -use proposed for each part of the area covered in the application; and find )PX They comply with the current adopted City of Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and "iny applicable specific or precise plans or o That a variance or exception has been approved and is final. A copy of any variance, exception, conditional use permit, or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written upon said plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: o Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). Has received a final Environmental Impactt n� copy attached). All discretionary approval legally required of this City prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by this City unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City. Date: r� ._ r - j Attachments: PLANNING DEPARTMENT JAMES D. HEWICKER, Director NOTE: No building permit will be issued until approval is received from S.C.R.C. \ �.. I �. 4 ::.: ,` '' ., _:, ,�.; �. ^`L Z �' �4f' „�..:.0. +M1i' l i � . �STATJ 6F UUFORNIA —THE RESOURCES CALIFORNIA COASTAL COMMISSION 'SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 (213) 5965071 GEORGE DEUKMEJIAN. Go�emor rhea: )u, I 49th Day: y: February February 199 , 1990 180th Day: June,�O, 1990 Staff: V. Komie %JC- Staff Report: January 18, 1990 Hearing Date: /-E3, 1 %1990 Commission Action: STAFF REPORT: PERMIT AMENDMENT APPLICATION NO.: 5- 89 -324A APPLICANT: City of Newport Beach /Caltrans AGENT: PROJECT LOCATION: Newport Blvd., 32nd St., Villa Way near City Hall, Newport Beach DESCRIPTION OF PROJECT PREVIOUSLY APPROVED: Widen the east side of Newport Blvd., widen the east side of the Newport Channel Bridge, construct new ramps in the southwest quadrant of the interchange of Coast Highway and Newport Blvd., widen the sidewalk on the east side of bridge for bicyclists and pedestrians, ramp construction and sidewalk modification on the west side of Newport Blvd. to provide for bike and pedestrians during construction, modify the Newport Beach City Hall parking lot and utility and storm drain relocations. Demolish gas station and part of bridge. DESCRIPTION OF AMENDMENT: Remove 46 parking spaces in front of City Hall and replace to 32nd St., Villa Way and employee parking tot by restriping, angle parking and a City Employee Parking Management Program. LOCAL APPROVALS RECEIVED: Newport Beach AIC SUBSTANTIVE FILE DOCUMENTS: Newport Beach LUP PROCEDURAL NOTE: The Commission's regulations provide for referral of permit amendment requests to the Commission if: 1) The Executive Director determines that the proposed amendment is a material change, 2) Objection is made to the Executive Director's determination of immateriality, or 3) the proposed amendment affects conditions required for the purpose of protecting a coastal resource or coastal access. If the applicant or objector so requests, the Commission shall make an independent determination as to whether the proposed amendment is material. 14 Cal. Admin. Code 13166. 0- 89- 724A(City of Newport Beach! Page 2 SUMMARY OF STAFF RECOMMENDATION: The staff recommends that the Commission determine that the proposed development with the proposed amendment, subject to the conditions below, is consistent with the requirements of the Coastal Act. STAFF RECOMMENDATION: The staff recommends that the Commission adopt the following resolution: I. Approval. The Commission hereby approves the amendment to the coastal development permit, on the grounds that the development with the proposed amendment is consistent with the requirements of Chapter 3 of the California Coastal Act of 1976, will not predjucie the ability of the local government having jurisdiction over the area to prepare a Local Coasta Program conforming to the provisions Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions. 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24 -hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. - •5- 89- 724A(City of Newport Beat Page 3 III. Special Conditions: 1. Monitoring Agreement Prior to issuance of permit the applicant shall submit to the Executive Director for review and approval a letter stating the applicants understanding that the 12 parking spaces created by the Employee Parking Management Program must be maintained for the use of the public and that they will monitor it for compliance. To insure that the public is aware that these spaces are for public use they shall agree to install signs designating these spaces for public use. The applicant's also agree to amend the permit to allow for replacement spaces if at any time the number of spaces available to the public shall be reduced. NOTE: Unless specifically altered by the amendment, all conditions attached to the previously approved amendment remain in effect. IV. Findings and Declarations. The Commission hereby finds and declares as follows: A. Project Description /Background: In October of 1989 the Commission approved permit 5 -89 -724 for a major public works project in Newport Beach consisting of widening the east side of Newport Blvd. and the east side of the Newport Channel Bridge, constructing new interchange ramps at Coast Highway and Newport Blvd., widening the sidewalk on the east side of the bridge for bicylists and pedestrians, ramp construction and sidewalk modification on the west side of Newport Blvd. to provide for bicycles and pedestrians during construction, modify the Newport Beach City Hall parking lot and relocate undergound utilities and storm drains. The project will require that a gas station and part of the bridge are demolished. Under the original approval a substantial amount of lawn area would be removed and replaced with parking. The City reconsidered the benefits of such an approach and would like to save the lawn. The proposed amendment will allow for this. The applicant now proposes to modify the parking at the Newport Beach City Hall parking lot located in front of City Hall. The 46 parking spaces are to be removed and replaced by angle parking and restriping on 32nd St. and Villa Way; and a City Employee Parking Management Program that will create more public parking spaces. There has been some public opposition to the amended parking plan. B. Parking /Public Access: Section 30252 of the Coastal Act states: The location and amount of new development should maintain and enhance public access to the coast by (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation. �89- 724A(City of Newport Beach)• Page 4 In order to replace 11 parking spaces that would be lost due to the street widening, the original plans called for the enlargement of the City Hall parking lot. After the Commission approved the permit members of the City Council objected to the proposed parking plans because it would eliminate lawn and be unattractive in their opinion. As a result, the City has requested an amendment to the permit which relocates all the spaces (46) in front of the City Hall to other nearby areas. In order to accomplish this feat parking spaces have to be "created". The means to this end are varied. 34 spaces are created by restriping, angled parking and using both sides of the street, primarily on 32nd St. The remaining 12 spaces are created by a Employee Parking Management Plan that promotes carpooling by allowing carpools to use City vehicles instead of their own. Employee parking spaces will be converted to public spaces. The City states that the plan is expected to be very successful, as the use of City vehicles for commuting is considered desirable by many. This amendment proposal has had some public opposition. The main opponent is the lessee of the gas station that will be demolished because of the street widening. This person collected signatures on petitions to protest this proposed parking space "exchange ". The main contention is that the relocation of spaces gives the City preferential treatment, and that the City will not police the newly created public spaces to insure that employees are not using them. There is some merit to the concern that the carpooling system may not function so that all the spaces allocated to the public are available to the public. However, even without the proposed conversion of employee parking spaces there always exists the possibility that City employees will use public spaces for their own convenience. The City is under the obligation to provide one for one parking space replacement or be in violation of the permit. The City has chosen to save the lawn. If the Parking Management Plan is viable, more benefits will accrue to the City and public than just maintaining the same number of public parking spares. A minimum of 6 less cars will be commuting in order to create the 12 public spaces. If the plan is successful beyond the required 12 spaces, it will be a bonus for the City because of the reduced traffic from carpooling_ The permit was granted to the applicant with the understanding that all parking spaces lost because of the project would be replaced on a one for one basis. The applicant must acknowledge the obligation to guarantee that this will occur. If at any time, the Employee Parking Management Plan fails to have sufficient participation, so that employees may attempt to use public spaces for parking their personal vehicles the City must immediately provide for substitute spaces. They will also need to amend the permit again to show that any substitute spaces are viable. As a condition of approval the applicants shall submit an agreement that they will monitor the success of the Parking Management Program and that if at any time the required number of carpoolers drops below the amount necessary to keep the parking spaces available to the public the applicants will amend the permit to provide for viable substitute space(s). Therefore, as conditioned to provide an assurance that the required parking spaces will be available to the public the Commission finds that the amendment request is consistent with section 30252 of the Coastal Act for providing that new development have adequate parking. 089- 724A(City of Newport Beach* Page 5 C. Local Coastal Program: Section 30604(a) of the Coastal Act provides that the Commission shall issue a Coastal Permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with Chapter 3 policies of the Coastal Act. The Newport Beach Land Use Plan was certified on May 19, 1982. As conditioned, the proposed development will not create adverse impacts and is consistent with the policies contained in the LUP. Therefore, the Commission finds that approval of the proposed development will not prejudice the Citys' ability to prepare a Local Coastal Program Implementation program for Newport Beach which is consistent with the policies of Chapter 3 of the Coastal act as required by Section 30604(a). 3221D ©,0 G - -- \ ml ti ' p \ ° *,s'�� wJ W ,f•�,E'�'r1 CL _.,.�F , � ,,,yam, ... >•� ,-' �: d � �5 ✓�!, `fit s... "rs1 III. °�•�n w y �'l9 4a °� !��! —•;�.. ` -JT�` �� -`�l/. �.1- /. /• 'l` '�•a � 4 i . is � ' .. t •t �t, / >. No r �.- :`'O10'Y_:`.•I �._�17y�o-�i._ ' ..T - _L-�,) ip Y d 54 r , r� �...Sy�:j l.t• """ �f�nnl11.l�l• y-3r .�• .!! ��ltnl'Ir i:���1�\ \� 'I fl "\ l000r •" � % =� `F i'�5 ICJ .� 1. �_� !, ',ll'i�'II.1�`y`.° .�, ,I . , ., � h �7 � °. • U � D EXHIBIT NO. ...1'C I N 4 Lo CA +! 017 hycf ilt canfwrt, amw CwmnWar • z Sr Z EXHIBIT NO. ...1'C I N 4 Lo CA +! 017 hycf ilt canfwrt, amw CwmnWar �•S NEWPORT BOULEVARD WIDENING 32ND STREET TO CHANNEL BRIDGE AMENDED PARKING ANALYSIS DECEMBER, 1989 (1) Restripe for angle parking (2) Reconstruct curb gutter and sidewalk on 32nd Street adjacent to City Hall and restripe both sides on 32nd Street for angle parking. (3) City Employee Parking Management Plan - Use of city vehicles and car pool provides for. a) 10 spaces for public use b) 2 additional City Hall visitor parking spaces (4) Maintain existing parking spaces by reconstructing and restriping lot. (5) Use permit acknowledged substandard parking spaces within Caltrans right of way and recommended parking in adjoining parking structure. 87260 12/14/89 R2J0338 EXHIBIT NO. Z AP '-'F - 7N-7 Lq A Pro ecF 5 dt amomi. aem Existing Proposed City Hall parking lot 46 0 On Street Parking Villa Way @ 32nd Street 4 8 (1) 32nd Street, Newport Blvd. to Villa Way 22 52 (2) Newport Blvd., 32nd to Short Street 21 21 City Hall Employee Parking Lot - 12 (3) Via Lido Shopping Center (private) 130 130 (4) Business Parking - Via Lido to bridge (private) 13 13 (5) (does not include gas station) Totals 236 236 (1) Restripe for angle parking (2) Reconstruct curb gutter and sidewalk on 32nd Street adjacent to City Hall and restripe both sides on 32nd Street for angle parking. (3) City Employee Parking Management Plan - Use of city vehicles and car pool provides for. a) 10 spaces for public use b) 2 additional City Hall visitor parking spaces (4) Maintain existing parking spaces by reconstructing and restriping lot. (5) Use permit acknowledged substandard parking spaces within Caltrans right of way and recommended parking in adjoining parking structure. 87260 12/14/89 R2J0338 EXHIBIT NO. Z AP '-'F - 7N-7 Lq A Pro ecF 5 dt amomi. aem THE DALEBOUT ASSO 1 0ON THL ALAL LSTATL COMPAN7 DUNCAN PHILLIPPS FORGEY Via PREsmLNL 1714)631-7300 171AI 646-1 939 1617 WlnrLIFF DRIVE, SUITE 100, NE WPORTBEACH. CALIFORNIA 93660 The Coastal Commission(Attn: Vicki Koma) 245 West Broadway Long Beach, CA Dear Vicki, ')cc 137989 FE� COAS7gLUC�y��•�fON SOUTH COAST pj;SION As per our three telephone conversations regarding the widening of the street between 32nd Street and the Pacific Coast Highway in Newport Beach, I am submitting the following signatures requesting a public hearing. The city has not responded as of today with a request for the amended project. It has, however, been represented to me by The City Council Proposal and the Department of Special Projects that they intend on modifying the allowed number of parking spaces. This position is hypocritical and unacceptable to the undersigned residents of Newport Beach. You have stated to me that it is the job of the Commission to.watch dog such pa_king problems. As a public agency 1 feel it important that you are aware of the opposition to this proposal by local people. It is therefore our request that before any decision is made by the Commission, a public hearing be named and the residents of the effected area be notified. Sincerely, DVncOfr\, P' 7d ey Duncan P. Forg EXHIBIT NO. 3 Al PLIC 710N NO. t aeio t CMW cm The undersigned residents of Newport beach are opposed to r the proposed parking changes in front of the Newport beach City Hall. It is our opinion that the council is giving the city preferential treatment in eliminating parking spaces. We desire a public hearing on the matter: Name address ature ��✓��h`�� 3600 �� l� '' � f "�Livl 1�Li`.1 <.i f.:� , j :J,, lit. ',:;'. {..' �. {'�.. 1 \�. l � ' }•�.., /: •.� .:. � `�ON� Z�2r�Fi�S i /rc% �,�} r !' . IVAST C� Rm 3so�. Cv. "c%jjvc. �D 7 % /577h 4 1 / 1; (U' dL a3-!�5 L)CL - �t'3. r t 03 alt m a p . 4'� ton EXHIBIT N0. {tt STATE OF CALIFORNIA —THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 (2131 59015071 IMPORTANT PUBLIC HEARING NOTICE PERMIT NUMBER: 5- 89- 724(A) APPLICANT: Caltrans & City of Newport Beach PROJECT DESCRIPTION: Request by City of Newport Beach & Caltrans to move 46 parking spaces from in front of City Hall to 32nd Street. PROJECT LOCATION: Villa Way & Employee parking lot; Newport Beach, CA. HEARING DATE AND LOCATION: DATE: Wednesday, February 14, 1990 TIME: 9:00 a.m. PLACE: Holiday Inn - Financial District 750 Kearny Street San Francisco, CA (415) 433 -6600 HEARING PROCEDURES: People wishing to testify on these matters may appear at the hearing or may present their concerns by letter to the Commission on or before the hearing date. Copies of all correspondence will be provided to the Commission if received a minimum of three working days prior to the public hearing. Written comments may be of any length; oral testimony may be limited to 5 minutes or less for each speaker, depending on the number wishing to be heard. No one can predict how quickly the Commission will complete agenda items or how many will be postponed to a later date. The Commission begins each session at the time listed and considers each item in order, except in extraordinary circumstances. Staff at the appropriate commission office can give you more information prior to the hearing date and you can call the staff at the hearing location for last- minute information. Questions regarding the report or the hearing should be directed to Vickie Komie at the above address. 0239M:VK /gf l vwi GEORGE DEUK14.11AN, Governor STATE OF CALIFORNIA —THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gommor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 205 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 (213) 590 -5071 AMENDMENT TO COASTAL DEVELOPMENT PERMIT Date Mav 7. 199 Permit Number 5 -89 -724 issued to City of Newport Beach /Caltrans for: Widen the east side of Newport Blvd., widen the east side of the Newport Channel Bridge, construct new ramps in the southwest quadrant of the interchange of Coast Highway and Newport Blvd., widen the sidewalk on the east side of bridge for bicyclists and pedestrians, ramp construction and sidewalk modification on the west side of Newport Blvd. to provide for bike and pedestrains during construction, modify relocations. Demolish gas station and and part of bridge. at: Newport Blvd., 32nd St., Villa Way near City Hall, Newport Beach Has been amended to include the following change: Remove 46 parking spaces in front of City Hall and replace to 32nd St., Villa Way and employee parking lot by restriping, angle parking and a City Employee Parking Management Program. This amendment will become effective upon return of a signed copy of this form to the Commission office. Please note that the original permit conditions unaffected by this amendment are still in effect. PETER M. DOUGLAS Executive Director By: Title: Staff Analyst ACKNOWLEDGMENT I have read and understand the above amendment and agree to be bound by the conditions as amended of Permit No. 5 -89 -724 Date Mb`i 1<1 [No Signature l E VK:tn 4613D r 4 • • TRANSMISSION REPORT :CNB - PROF /TECH ( FEB 07 190 10:45 ) DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. TIME IDENTIFICATION PAGES CODE * FEB 07 19 43 DDIST 12 PLANNING G3DT 01'44" OK 02 3018 M :x ti M. k. %K M M A %K x k M 1: M S DATE: TO: ATTENTION: FAX NUMBER SUBJECT: is • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3311 FAX COVER SHEET February 7, 1990 California Coastal Commission Paul Gonzales (714) 724 -2592 Letter Attached (RE: Permit No. 5 -89 -724) THE FOLLOWING DOCUMENT IS FROM: Maria M. Scott- Public Works Department PUBLIC WORKS DEPARTMENT CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 PHONE NO: (714) 644 -3311 FAX NO: (714) 644 -3339 NO. OF PAGES: 2 (INCLUDING COVER SHEET) COMMENTS: Please acknowledge receipt of this letter. (714) 644 -3311 or 3312 3300 Newport Boulevard, Newport Beach February 7, 1990 California Coastal Commission South Coast Area 245 West Broadway, Suite 380 P. O. Box 1450 Long Beach, CA. 90801 Attention: Vicki Komie Subject: Permit No. 5 -89 -724 Amendment Request To Modify Parking Dear Ms Komie, The City of Newport Beach and Caltrans are cooperating agencies in the implementation of the proposed improvements to Newport Boulvard and were joint applicants for the Coastal Zone Permit No. 5 -89 -724, which was approved by the Commission in November 1989. The amendment which is being applied for now is for parking modifications on City property which do not affect the State highway portion of the project. This proposed parking maintains the one - for -one parking as specified in the project's final EIS and required in the existing coastal zone permit obtained in November. Caltrans does not object to the requested parking modifications to the City Hall parking. If you have any questions concerning this matter please call the City of Newport Beach, Don Webb or John Wolter at (714) 644 -3311. Very truly yours, Paul Gonzales Chief Branch C Environmental Planning PG: so 0 0 STATE OF CALIFORNIA - BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN, Gvwm , DEPARTMENT OF TRANSPORTATION DISTRICT 12 s 2501 PULLMAN STREET '* SANTA ANA, CA 92705 February 7, 1990 California Coastal Commission South Coast Area 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, Ca 90801 Attention: Vicki Komie Subject: Permit No. 5 -89 -724 Amendment Request To Modify Parking Dear Ms. Romie: The City of Newport Beach and Caltrans are cooperating agencies in the implementation of the proposed improvements to Newport Boulevard and were joint applicants for the Coastal Zone Permit No. 5 -89 -724, which was approved by the Commission in November 1989. The amendment which is being applied for now is for parking modifications on City property which do not affect the State highway portion of the project. This proposed parking maintains the one - for -one- parking as specified in the project's final EIS and required in the existing coastal zone permit obtained in November. Caltrans does not object to the requested parking modifications to the City Hall parking. If you have any questions concerning this matter please call the City of Newport Beach, Don Webb or John Wolter at (714) 644 -3311. Very truly yours, Paul Gonzales Chief Branch C Environmental Planning PG:cn cc: John Wolter, City of Newport Beach t; CITY OF NEWPORT BEACH January 10, 1990 PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3311 California Coastal Commission South Coast Area 245 West Broadway, Suite 380 P. O. Box 1450 Long Beach, CA 90801 -1450 Attention: Vicki Komie Subject: Permit # 5 -89 -724 Amendment Request to Modify Parking Dear Ms. Komie: Iv In the request for an amendment to the Permit for the Newport Boulevard Widening Project, the City proposed to provide 12 parking spaces by implementing a parking management plan. The City currently has approximately 30 City vehicles that are used during the day and are left at the City Hall site at night. Our employees drive their private vehicles to work and then conduct the day's business in a City vehicle. This equates to 60 parking spaces being used by 30 employees. The City Council has directed the staff to implement a parking management plan that will guarantee that employees will be assigned to at least 12 City vehicles and be allowed to take these vehicles home at night. Preference will be given to groups of employees that will commit to a car pool agreement that provides for 2 or more employees to ride together. At a minimum 12 parking spaces will be opened. These spaces will be made available to the generz L public in the locations shown on our exhibit. If we can average 2 people per City vehicle sent home, this would double the spaces available. If you have any questions concerning our proposal, please give John Wolter or me a call at (714) 644 -3311. Very truly yours 0.-C�� Don Webb City Engineer DW:ljp 3300 Newport Boulevard, Newport Beach POLICY 0 DESIGNATED ASSIGNMENT OF UNASSIGNED CITY HALL VEHICLES DEFINITION: An unassigned City Hall vehicle is a sedan or other vehicle which is used by the City during working hours as a departmental pool vehicle. The City Council has selected the following, as a method for contributing to cleaner air and reduced parking demand in the immediate City Hall vicinity. POLICY: The City will periodically identify and make available certain unassigned departmental pool vehicles to individual City employees, to be used, on a restricted basis, solely for the purpose of commuting to and from work. The method of determining who will be selected for this privilege will be made on the basis of the following factors: * The distance between the employees home and City Hall. * The number of employees an employee can arrange into a car pool. • The driving record of the employee. • The employees seniority with the City. A PROCEDURE FOR SELECTION: 0 The City will post an announcement within the City Hall facilities located at 3300 Newport Blvd., advising employees of a vehicle's availability. Employees interested in using this vehicle for the above stated purpose shall bid for its assignment. The elements of the bid should include, the exact distance the employee's home is from City Hall,-and the names of the employee who will be included in the daily carpool. The City's representative will consider the bids submitted and will select the employees with good driving records who can organize the largest pool that lives closest to City Hall. In the event of a tie the City representative will select in favor of the employee who has the earliest seniority date. Once selected the designated employee will sign a contract with the City that identifies that employee as an authorized operator of that vehicle and also spells out the use restrictions. The contract will further require the designated employee to list, by name, the members of their car pool. Should members of the car pool change the employee is required to advise the City of those changes as they become effective. PROCEDURE FOR REASSIGNMENT: The City reserves the right to reassign or discontinue this program at any time for the following reasons: 1. The City Council cancels the program. 2. The assigned employee develops a poor driving record. 3. The employee is cited for driving under the influence of alcohol or any other controlled substance while operating this or any other vehicle. 4. The assigned employee violates the restrictions on the vehicle's use. 5. The employee fails to maintain his /her car pool commitment. II0 I ,:III. "flll POLICY DESIGNATED ASSIGNMENT OF UNASSIGNED CITY HALL VEHICLES DEFINITION: An unassigned City Hall vehicle is a sedan or other vehicle which is used by the City during working hours as a departmental pool vehicle. The City Council has selected the following, as a method for contributing to cleaner air and reduced parking demand in the immediate City Hall vicinity. POLICY: The City will periodically identify and make available certain unassigned departmental pool vehicles to individual City employees, to be used, on a restricted basis, solely for the purpose of commuting to and from work. The method of determining who will be selected for this privilege will be made on the basis of the following factors: * The distance between the employees home and City Hall. * The number of employees an employee can arrange into a car pool. • The driving record of the employee. • The employees seniority with the City. Ji PROCEDURE FOR SELECTION: The City will post an announcement within the City Hall facilities located at 3300 Newport Blvd., advising employees of a vehicle's availability. Employees interested in using this vehicle for the above stated purpose shall bid for its assignment. The elements of the bid should include, the exact distance the employee's home is from City Hall, and the names of the employee who will be included in the daily carpool. The City's representative will consider the bids submitted and will select the employees with good driving records who can organize the largest pool that lives closest to City Hall. In the event of a tie the City representative will select in favor of the employee who has the earliest seniority date. Once selected the designated employee will sign a contract with the City that identifies that employee as an authorized operator of that vehicle and also spells out the use restrictions. The contract will further require the designated employee to list, by name, the members of their car pool. Should members of the car pool change the employee is required to advise the City of those changes as they become effective. PROCEDURE FOR REASSIGNMENT: The City reserves the right to reassign or discontinue this program at any time for the following reasons: 1. The City Council cancels the program. 2. The assigned employee develops a poor driving record. 3. The employee is cited for driving under the influence of alcohol or any other controlled substance while operating this or any other vehicle. 4. The assigned employee violates the restrictions on the vehicle's use. 5. The employee fails to maintain his /her car pool commitment. n BTATUS LETTER .:. .. 'n':Y .'...,. .; .... ..i.... .. :'.: .:5� .. aY' Q�w..%.iFGv 1.. • A. RE: Application /Appeal No: �" h 1 - -7DLf The status of this mutter is noted below. ©Your application vas filed on 9"1 U The Public hearing is tentatively scheduled on - in (1X1 1al('11 This tentative se eduling information• is being provided for your convenience and is subject to change. written notification of final scheduling of the hearing, along with a copy of the staff report, will be mailed approximately 10 days prior to the hearing. IMPORTANT: The enclosed Nptice of Pending Permit must be posted on the site, in a conspicuous place, within 3 days of its receipt. QThis application is Incomplete and cannot be filed or processed until the items listed on the attached sheet have been completed and submitted to the District Office. If these items have not been received by the date indicated, the entire package will be returned to you. Please be advised that the items needed to complete your application must be submitted to this office by ElThis file is being returned as the application submitted is deemed incomplete. The required substantive documents are missing. Please see the attached sbeet. aThis appeal was reeeired and has been determined to be a valid appeal. You will be notified of the place and date of the public bearing.. This appeal was received • after the expire 'tion of the Appeal period, hence it is Not s valid appeal. This appeal was seceived but has been determined invalid for the follwinq rassons 3f you have any questions, please contact - -shin office,st J213) 590 -3071. __.,,...,. Staff Analyst: r- . 1 , cewarrAs Coastal COM, n*$ioft SOUTH COAST DWRr CT 245 West Broadway, SO* 390 P.O. Box 1450 Long Beach, CaMfornia 90801-1450 (213) 590-5071 CdWWW STATUS LETTER RE: Application/Appeal No. The status of this matter is noted below.. Date: aYour application was filed on The lic hearing is tent&tiVely, scheduled' an • in 4La, =-Xu--(l This tentative uling information is being provided for your convenience and is subjiot to change. Writtew notification of final scheduling of the hearing, along with a COPY of the staff report, will be sailed approximately 20 days prior to the hearing. DOX)RTANT: The enclosed Nptice of Pending Permit must be posted on the sit*, in a conspicuous place, within 3 4ys of its receipt. 0 This application Is incomplete and cannot be filed or processed until the Items listed on the attached.: sheet have been completed and submitted to the District Office. If these Items have not been received by the date Indicated, the entire package will be returned to you. Please be advised that the Items needed to complete your application must be submitted to this office by DThis file is being returned as the application submItt*d.Is deemed incomplete. The required substantive documents.ore missing. ?lease .see the attached sheet. "iss""I was received and has been determined U be a valid appeal. Too will be motified of the place and dateof the polio hearl". Ibis appeal was cecolvad wWira�ticin of the 4"ea2"period, rw; W it in notes v&!1ti*dr the pool. 0 "is appeal Mo received bwt.bas been dotendned Imalid for therollowl" masams 0 0 NOTICE OF PENDING PERMIT A PERMIT APPLICATION FOR DEVELOPMENT ON THIS.SITE IS.PENDING BEFORE THE CALIFORNIA COASTAL COMMISSION. PROPOSED DEVELOPMENT: Anbod previous permit to remove 46 parking spaces in front of city Hall and replace to 32nd St., Villa Way and employee parking lot by restriping, angle parking and a City Employee Parking Management Program LOCATION: Ma Tort Blvd., 32nd St. near City Hail kdQiM MACH APPLICANT: City of Meaport Beach APPLICATION NUMBER: � Si_1 )AA DATE NOTICE POSTED: FOR FURTHER INFORMATION PLEASE PHONE OR WRITE THE OFFICE LISTED BELOW BETWEEN S AM AND � PM, WEEKDAYS. CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA OFFICE PO BOX 1450 245 WEST BROADWAY, STE 380 LONG BEACH, CA 90802 (213) 590 -50T1 .:....._�......�.. _.. -. ......_.._....._.. _.. ......_.. _ .. ......... ....t ....T:.: :. ... ... ._........ ruZII�JL: i= X. �;:. �Tb `Cr�ILTnA'✓eTW.�..f�iw.W���4r ��._l.r.�i. Q w � t s CL t ' I � 2 i D O a �= z mt i` s do s m' _. I s I I i . i STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEIIAN, Gomrr r DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 December 21, 1989 Doug Dailey McCormick 3100 Bristol Suite 290 Costa Mesa, CA 92626 Dear Mr. Dailey: This correspondence is in regards to our conversation on December 20, 1989. As requested, I am sending a copy of the Environmental Re- evaluation for the Route 55 Transportation Study -Final Environmental Statement (FEIS) Route 1 to Route 73. It only addresses widening Newport Boulevard between 32nd Street and Route 1 in the City of Newport Beach, and a depressed freeway between 19th Street and Bristol Street in the City of Costa Mesa. A copy of the FEIS is available for review at the City of Newport and at our office here in Santa Ana. If you have any further questions concerning the aforementioned project you can reach me at (714) 724 -2254 or John Wolter at the City of Newport Beach at (714) 644- 3311. Sincerely, Paul Gonzales, Chief Environmental Planning Branch C PG: CL. cn .s CITY OF NEWPORT BEACH December 20, 1989 PUBLIC WORKS DEPARTMENT P.O, BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644 -3311 California Coastal Commission South Coast District 245 West Braodway, Suite 380 P.O. Box 145 Long Beach, CA 90801 -1450 Attention: John Leslie Subject: Coastal Permit No. 5 -89 -724 Dear Mr. Leslie, On October 11, 1989, the Coastal Commission approved the joint City /Caltrans application to widen the east side of Newport Boulevard from 32nd Street to Coast Highway. The City requests an amendment to the permit in order to remove parking from in front of City Hall. That parking is to be replaced with angle parking on 32nd Street and Villa Way, reconstruction and restriping of the Via Lido Shopping Center, and a City Employee Parking Management program which will provide public and visitor parking in spaces previously used for employee parking. The attached Parking Analysis dated December 1989 describes both the existing and proposed parking. Also enclosed is an updated Notification of Owners and Occupants Testing and an Amendment Request form signed by the City and Caltrans. Your timely consideration of this request will be appreciated. If you have any questions or require additional information please call me at (714) 644 -3311. Very truly yours, ✓John Wolter Cooperative Projects Engineer JW :so Attachments 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH Building Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658.8915 Phone: (714) 644 -3288 Plan Check No: FEE RECEI ' z P.L.,. 'n/ A.e n Received Frr�o-m, TT Job Address 40-? ❑ 02 -701 Building Plan Check - � -4-e�� Valuation $ .............................. $ ❑ 02.708 Grading Plan Check - Cu. Yds. .. ............................... $ ❑ 02. 7011708 Overtime Plan Check - B G ❑ 02 -703 Special Inspection ............ ............................... $ ❑ 02 -703 Reinspection B E H P .... ............................... $ ❑ 02.421 Temporary Electric ........... ............................... $ ❑ ...I .................... $ 02.700 . Planning Department Fees .' / . f - — . ...................... $ ❑ 02 -801 Sale of Maps & Publications .... ............................... $ ❑ ................. $ TOTAL FEES: $ When validated this is a receipt for the amoupf of fee collected as shown in space above. The serial number, date and amount validated hereon have also on validated on your application or other document and have become a part of the records of the CITY 0 NEWPORT BEACH from which this receipt may be identified Validation RECEIVEDBY: V:���serial No. Date Fee NOTICE: Plan Check expires 180 days after application. DISTRIBUTION: Original - Fermittee; Cashier (1); File (1) State of California, George Deukmejian, Governor California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801 -1450 (213) 590.5071 A M E N D M E N T R E Q U E S T 1. Permit Number e — 7Z4 2. Applicant's Name r 7- pr Fv Address q -4/m 3. 4 5. 7-5-0) Protect Address SA, CA IM C5 (area FORM Q4 331 7i4 2z >y sl (Telephone No.) Items necessary to file an Amendment Request (attach to this form): A. Two sets of plans stamped with Approval in Concept (if construction is involved). B. Approval in Concept Form (if construction is involved). © Notification of owners and Occupants (as in original application, updated if necessary). Stamped envelopes addressed for each. The envelopes must be 1p ain, business size (91/2 x 4 1/8), with first class postage. METERED STAMPED ENVELOPES CANNOT BE ACCEPTED. D. Estimated Cost of Amended Project $ 5 0U OD E. Filing fee of $25.00. Describe Proposed Amendment: Applicant's Signature Date 1/23/85 mr SCD: 4/12/84 sws Y. State of California, George Deukmejian, Govmwr California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801 -1450 (213) 590-5071 AMENDMENT 1. 2. 3. 4 5. Permit Number 5 -89 -724 REQUEST FORM Applicant's Name CITY OF NEWPORT BEACH /CALTRANS DISTRICT _12 Address (Newport) 3300 Newport Boulevard, Newport Beach. CA 92659 -1768 f714) 644 - (Caltrans) 2501 Pullman St., Santa Ana, CA 92705 (714) 724 -22.54 3311 (area code) (Telephone No.) Project Address Newport Beach, Between 32nd Street and Coast Highway Items necessary to file an Amendment Request (attach to this form): A. Two sets of plans stamped with Approval in Concept (if construction is involved). B. Approval in Concept Form (if construction is involved). U. Notification of Owners and Occupants (as in original application, updated if necessary). Stamped envelopes addressed for each. The envelopes must be 1p ain, business size (9 1/2 x 4 1 /8), with first class postage. METERED STAMPED ENVELOPES CANNOT BE ACCEPTED. D. Estimated Cost of Amended Project $3,600,00. E. Filing fee of $25.00. Describe Proposed Amendment: Remove parking from in front of City Hall. Parking is to be replaced with angle parking on 32nd Street and Villa Way, reconstruction and restriping Via Lido Parking Lot, and a City Employee Parking Management Program, which will provide public and visitor parking in spaces previously used for employee parking. CA14 iz•ms9 ,, 0 _ A0=gA LLA= 12- 2o-8�1 Applicant's Signature Date 1/23/85 mr SCD -: 4/12/84 sws i • NEWPORT BOULEVARD WIDENING 32ND STREET TO CHANNEL BRIDGE AMENDED PARKING ANALYSIS DECEMBER, 1989 (1) Restripe for angle parking (2) Reconstruct curb gutter and sidewalk on 32nd Street adjacent to City Hall and restripe both sides on 32nd Street for angle parking. (3) City Employee Parking Management Plan - Use of city vehicles and car pool provides for: a) 10 spaces for public use b) 2 additional City Hall visitor parking spaces (4) Maintain existing parking spaces by reconstructing and restriping lot. (5) Use permit acknowledged substandard parking spaces within Caltrans right of way and recommended parking in adjoining parking structure. 87260 12114/89 82/0338 Existing Proposed City Hall parking lot 46 0 On Street Parking Villa Way @ 32nd Street 4 8 (1) 32nd Street, Newport Blvd. to Villa Way 22 52 (2) Newport Blvd., 32nd to Short Street 21 21 City Hall Employee Parking Lot - 12 (3) Via Lido Shopping Center (private) 130 130 (4) Business Parking - Via Lido to bridge (private) 13 13 (5) (does not include gas station) Totals 236 236 (1) Restripe for angle parking (2) Reconstruct curb gutter and sidewalk on 32nd Street adjacent to City Hall and restripe both sides on 32nd Street for angle parking. (3) City Employee Parking Management Plan - Use of city vehicles and car pool provides for: a) 10 spaces for public use b) 2 additional City Hall visitor parking spaces (4) Maintain existing parking spaces by reconstructing and restriping lot. (5) Use permit acknowledged substandard parking spaces within Caltrans right of way and recommended parking in adjoining parking structure. 87260 12114/89 82/0338 CITY OF NEWPORT BEACH December 20, 1989 PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3311 California Coastal Commission South Coast District 245 West Braodway, Suite 380 P.O. Box 145 Long Beach, CA 90801 -1450 Attention: John Leslie" Subject: Coastal Permit No. 5 -89 -724 Dear Mr. Leslie, On October 11, 1989, the Coastal Commission approved the joint City /Caltrans application to widen the east side of Newport Boulevard from 32nd Street to Coast Highway. The City requests an amendment to the permit in order to remove parking from in front of City Hall. That parking is to be replaced with angle parking on 32nd Street and Villa Way, reconstruction and restriping of the Via Lido Shopping Center, and a City Employee Parking Management program which will provide public and visitor parking in spaces previously used for employee parking. The attached Parking Analysis dated December 1989 describes both the existing and proposed parking. Also enclosed is an updated Notification of Owners and Occupants Testing and an Amendment Request form signed by the City and Caltrans. Your timely consideration of this request will be appreciated. If you have any questions or require additional information please call me at (714) 644 -3311. 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U r .:.; 'r„ "!.. .,s.•;. �t s v R_J a 03 I I o IU 90TH 1 b ` w [ l O i Oa�i 39TH 57 N P♦ i "' rO g to O g. O s n O . :• ti �. la Z4.1 O : ,j A LM' 4`� y O w. ♦ N. a jB TN. 5T. n > O W y Z 1 0 «.«_ !zro_ 11_ «11 ,aka q s O 2 Q I _ n � m _ O m 0 C O N.. O W .A S to m A 1 D Z A f '\ 1 \im Ix .x l0 to o 1 i CYUBNOUSE 4t 1 IZ 1� SOUL EVggO �\ N IW -:J an i 10 Vb 16 ti OE 317N3AV O tb sr O sO OLti O ti O 1i 0 yd ti ,ZVI v v v o LQ OD 10 'b of voi O op OA .1,YOHS O O rl e IV ,ZVI v v v o LQ OD 10 'b •. 6 NEWPORT BLVD•4PRUuLiCNTS - 32ND ST. TO COASI•1Y- OCCUPANT ADDRESSES J. Wolter Occupant Occupant Thompson, Lois P. 512 Clubhouse Ave. 510 Clubhouse Ave. 506 Clubhouse Ave. Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 Y' 3 `/O1 -// Lfa3 -/0 / -/O 5/ 9 3-10/ -0,9 Occupant Occupant Westrem, John 506 Clubhouse Ave. 504 Clubhouse Ave. 1006 E. Balboa Blvd. Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92661 3 -1o/ -o S' y�3- /0 / -07 ya 3 - /U/ -0,6 Occupant Occupant Occupant 3401 Newport Blvd. 3403 Newport Blvd. 3405 Newport Blvd, Newport Beach, CA 92663 Newport Beach, CA .92663 Newport Beach, CA 92663 / 23- 10 / -oS y .2 3 - /O1 -0CY - f�a3- /0 /-Oy Occupant 3411 Newport Blvd. Occupant 3415 Newport Blvd. Occupant 3417 Newport Blvd. Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 41 aa- !o / —a3 y73- /o / -O3 9.; 3- /0/ -03 Occupant Occupant. Occupant 3421 Newport,Blvd. CA 92660 3531 Newport Blvd. Newport Beach, CA 92660 3345 Newport Blvd. Newport Beach, CA 92660 Newport Beach, Occupant Occupant Occupant z 3341 Newport Blvd. r 3337 Newport Blvd. Newport Beach, CA 92660 3333 Newport Blvd. Newport Beach, CA 92660 Newport Beach, CA 92660 y";3- /0 -2 -0/ 1 Occupant Occupant Occupant 3325 Newport Blvd. 3315 Newport Blvd. 3305 Newport Blvd. Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 ya3- /oa -O/ va3 0/ X23- /0.2 -0.2 A Occupant Occupant Occupant 3295 Newport Blvd. 3201 Newport Blvd. 400 Clubhouse p Newport Beach, CA 92660 Newport Beach, CA 92660 Ne,:jport Beach, CA 92603 9,;z -3 - /oa -o-7 y oZ3' /p 2. -G3 97 3_/02.• 06' a 'r. Occupant Occupant Occupant 402 Clubhouse 404 Clubhouse 406 Clubhouse Newport Beach, CA 926[3 Newport Beach, CA 92663 Newport Beach, CA 92663 -�p8-- k q.;29_ 0.2 -06 0% yOccupant Occupant Occupant 408 Clubhouse 410 Clubhouse 3475 Via Lido Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach„ CA 92663 ya3- /02 -oy y�23- /a� -lo Spa i / / -0/ NEWPORT BLVD. IMPROVEMENTS - 32ND ST. TO COAST HWY. OCCUPANT ADDRESSES McLaughlin, William F. 67 Balboa Coves Newport Beach, CA 92660 4Z3 -04i- 45 Hoag Memorial Hospital Presb. 301 Newport Blvd. P.O. Box Y Newport Beach, CA 92658 423 - Ofi -2A Occupant 606 Clubhouse Ave. Newport Beach, CA 92663 4z3- 083 -03 Williams, Richard A. 612 Clubhouse Newport Beach, CA 92663 423 -(283 -0(40 Occupant 618 Clubhouse Dr. Newport Beach, CA 92663 4Z3 - 091- oG Occupant 68 Balboa Coves Newport Beach, CA 92660 4 23 -04 45 Sucher, H. Victor Jr. 600 - B Clubhouse Ave. Newport Beach, CA 92663 .423- 0163 -01 Occupant 608 Clubhouse Ave. Newport Beach., CA 92663 4Z3,o83 -cA Occupant 614 Clubhouse Ave. Newport Beach, CA 92663 4Z 3 -oE53 - 0-1 Occupant 620 Clubhouse Dr. Newport Beach, CA 92663 4Z3-Ce)1 -10 Occupant Occupant 624 Clubhouse Dr. Newport 3each, CA 92663 626 Clubhouse Dr. Newport Beach, 423 -08i • 1 1 'A 423 - ces 192663 Rouse, Paulk Rhodes, Jon D. 623 36th Street Newport Beach, CA 92663 605 Clubhouse Newport Beach, CA 92663 423. 062 - I3 423- 0'f5-4- °8 Occupant 612 36th Street Newport Beach, CA 92663 4z 3 - 084 - a Reineman, Richman G. 601 Clubhouse Ave. Newport Beach, CA 92663 4z3- o64-io _. Chung, Ming -Chu P. 0. Box 17448 Anaheim, CA 92817 : 423701 ' 14 Occupant 610 36th Street Newport Beach, CA 92663 423 -- 0654.05 Occupant 524 Clubhouse Ave. Newport Beach, CA 92663 473 - IVI . JW __.. Mortelette, Rene A. 516 Clubhouse Ave. Newport Beach, CA 92660 4z3 —Io1— 13 John Wolter Balboa Coves Comm. Assn. P.O. Box 1224 Newport Beach, CA 92663 4Z3 - 04 l -4(,0 Occupant 604 Clubhouse Ave. Newport Beach, CA 92663 4Z3 -65 -bZ De Santis, Grace C. 610 Clubhouse Ave. Newport Beach, CA 92663 4z'3 - oe4- ®5 Porter, Paul David 616 Clubhouse Ave. Newport Beach, CA 92663 4Z3- 05-1 -Ot� Occupant 622 Clubhouse Dr. Newport Beach, CA 92663 423-06L -L1 Occupant 628 Clubhouse Dr. Newport Beach, CA 92663 4Z3_ C6 - l2 Occupant 614 36th Street Newport Beach, CA 92663 4Z3 -005-'4. 07 Occupant 603 36th Street Newport Beach, CA 92663 4z3 -ogq - ID Occupant 522 Clubhouse Ave. Newport Beach, CA 92663 423- In- X45 Occupant 514 Clubhouse Ave. Newport Beach, CA 92663 4 Z3 - /oi -(2 NE14PORT BLVD. IMPROVEMENTS - 32ND ST. TO COAST HWY. r OCCUPANT ADDRESSES John Wolter Occupant Occupant 3471 Via Lido 3467 Via Lido Newport Beach, CA 92663 Newport Beach, CA 92663 y�3- /// -01 Occupant Occupant 3700 Newport Blvd. 3636 Newport Blvd. Newport Beach, CA 92663 Newport Reach., CA 92663 �/a3- 7a /-D1 ya3 /a / -off Occupant Occupant 3445 Via Operto 3444 Via Lido Soud Newport Beach, CA 92663 Newport Beach, CA ,92663 y a3 -/22- 0/ y;? 3 -/.z Occupant Occupant 3301 W. Coast Highway 3201 W. Coast Highway Newport Beach, CA 92663 Newport Beach, CA 92663 5'9-/-30 -/ y Occupant Occupant 3114 Newport Blvd. 3112 Newport Blvd, Newport Beach, CA 92663 Newport Beach, CA 92663 Y7 -OW-07 1/7 -6y / -6 Y Occup Occupant 3110 B boa 3202 Marcus Ave. Newpo/rA Veach, CA 92663 Newport Beach, CA 92663 • ya3- 3gy-os Occupant 3461 Via Lido Newport Beach, CA 92663 9 -73 — /// -o/ Occupant 3600 Newport Blvd. Newport Beach, CA 92663 9-2 3 - /a /- 63 Occupant 3400 14. Coast Hwy, Newport Beach, CA 92663 Occupant 406 32nd Street Newport Beach, CA 92663 �7 -6 f// -o'> Occupant 3110 Newport -Blvd. Newport Beach, CA 92663 y 7-11 y/ -3i Occupant 3204 Marcus Ave. Newport Beach, CA 92663 5` ;? 3 - 3 ell-o s- 0 Chung, fling -Chu P.O. Box 17448 Anaheim, CA 92817 423- to - I a NEWPORT BLVD. IMPROVEMENTS - 32NO ST. TO COAST HINY. L. A. Federal S & L Assn 80 Fairlake Irvine, CA 92714 42� 102- . 0-Z Greiwe, Gary Lyn 9 Field Flower Irvine, CA 92714 4Z3- J02-00 Kirschenbaum, Laurence 11 365 Lourdes Ln. Costa Mesa, CA 92627 4Z3- 102-0q 2-;, of Newport Be P.O. 7 Newpor eac 92658 -8915 Traweek Investment Fund No. 12 Ltd. P.O. Box 6348 Orange, CA 92667 4Z3 -IZI -OZ BofANT &SA Tax Dept. 43425 P.O. Box 37000 San Francisco, CA 94137 ` 4Z-3- I22 -o3 County of Orange Dept. of Real Prop. SVCS 400 1.1. Civic Center Drive Santa Ana, CA 92701 49-- 13o -1q Bank, City National TR 120 S. Spalding Dr., #404 Beverly Hills, CA 90212 4- ] -041 -�Z MCDill, Mary 306 34th Street Newport Beach, CA 92663 4 2 '1� - , F, st4 - No OWNER ADDRESSES Schinmerer, Barbara E. c/o Chevron USA Inc. 1201 S. Beach Blvd. La Habra, CA 90631 4Z3- 10!•21 L. A. Federal S & L Assn. 1 Wilshire Bldg. S. Grand Suite 300 Los Angeles, CA 90017 9Z3- IC)2 -03 Smith, Quentin R. 402 Clubhouse Ave. Newport Beach, CA .92663 4Z 3 10Z - 0-1 Callaham, John C. P.O. Box 1122 Newport Beach, CA 92663 4z3 - v -to State of California Dept. of Transportation P. 0. Box 2304 Terminal Annex Los ,4r�gp�les,l C; - 90051 Chrisman, Bar ara Jean 2417 Avery Ln. Farmington, N.M. 4Z3- IZI -o3 Ci y ort Bea P. 0. Box Ne each, CA 926 - - Schafer, Marion F. 404 32nd Street Newport Beach, CA 92663 4 -7 -04 1 - o-i Southern Pacific Land Co. Tax Commisioner 1 Market Plaza San Francisco, CA 94105 4-1 -0(00- 1Z J. Wolter Stanley, Oscar H. Myers, John P. 1833 Old Orchard Rd. Los Angeles, CA 90049 /-z3-IoZ - ol Atwell, Richard W. 20444 Seton Hill Dr. Walnut, CA 91789 4Z3 - I 0 - 65 Brewer, Robert G. 671 Glenmover Blvd. Glendale, CA 91206 4z3 107.08 Newport Via Lido Assoc. 1940 W. Orangewood #207 Orange, CA 92668 qZ3- ILI "() Traweek Investment Fund No. 12 Ltd. P. 0. Box 6348 Orange, CA 92667 4Z 3 - LZI -d I Naegeli, Mary D. Traweek Inv. Fund 11150 Olympic Bl., Y1180 Los Angeles, CA 90064 47- 3 -IZZ• oI Brooks, Marianne Compon Sullivan . 835 Via Lido Nord. Newport Beach, CA 92663 49 - I I 0 -o-1 Mah, Robert A. c/o Elzenga, Donna P.O. Box 2025 Tustin, CA 92681 I 1I • H Nicholson, Kenneth F. 300 W. Coast Hwy., Suite G Newport Beach, CA 92663 4Z3 3s4 - --E� 0,5 Hoag Mem. Hospital Presbyt. Sucher, H. Victor Jr. Doyle, John F. e 301 Newport Blvd. 61 Balboa Coves 600 B Clubhouse Ave. 7699 Buena Vista P.O. Box Y OWNER ADDRESSES Newport Beach, CA 92663 Cucamonga, CA 91730 @ Newport Beach, CA 92658 John Wolter McLaughlin, William F. Barry, William J. Balboa Coves Comm. Assn. 67 Balboa Coves 435 Berkeley Ave. P.O. Box 1224 De Santis., Grace C. Newport Beach, CA 92660 Claremont, CA 91701 Newport Beach, CA 92663 ai 4Z :-0417 q23- 041-41D 4Z3-041'�� Newport Beach, CA 92663 Hoag Mem. Hospital Presbyt. Sucher, H. Victor Jr. Doyle, John F. e 301 Newport Blvd. 61 Balboa Coves 600 B Clubhouse Ave. 7699 Buena Vista P.O. Box Y 423. 061 -09 Newport Beach, CA 92663 Cucamonga, CA 91730 @ Newport Beach, CA 92658 4Z3- 083- 01 423 -063 - Oz 4z3-on- Z4 605 Clubhouse Newport Beach, CA 92663 Newrr:)rt Beach, CA 92663 Rothaermel, Albert H. De Santis., Grace C. De Santis, Grace C. :! P. 0. Box 2074 Leifer, Lawrence J. 610 Clubhouse Avenue 610 Clubhouse Ave. Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 4Z3 -083- o3 New art Beach, CA 92663 423 - 083 -04 423 - 063 - os Williams, Richard A. Gage, Bruce C. Porter, Paul David 612 Clubhouse P.O. Box 3152 Ave. Newport Beach, CA 92663 Newport Beach 616 Clubhouse ve Newport ,, CA 92663 616Clu Beach, 92663 4Z3- 08�; -0Q 42-3- 06;25-07 4Z3 -o03- dg Platzer, Ann Cohen, Lucille K. Weber, Harry J. 4205 Carney Ct. 540 N. Alta Vista Blvd. 61 Balboa Coves Riverside, CA 92507 Los Angeles, CA 90036 Newport Beach, CA 92663 423. 061 -09 4Z3 - 081 -i(5 4Z3- 081 -it Weber, Harry J. Rouse, Paul K. Rhodes, Jon 0. 61 Balboa Coves 623 36th Street 605 Clubhouse Newport Beach, CA 92663 Newrr:)rt Beach, CA 92663 Nellport Beach, CA 92663 423. o6t IZ 4Z3- 0 8Z- 13 403 - 004 -oa Haigh, Violet E. Leifer, Lawrence J. Jacobs, Gerald A. Morrison, Violet E. 22901 Ardwick St. 1210 Starboard Way 617 Clubhouse Woodland Hills, CA 91364 Corona d,: Mar, CA 92625 New art Beach, CA 92663 4Z3 - 0$ -Q(p Q05 - C64-OS 413 - 084 -e1 Irwin, Albert M. Reineman, Richaman G. Kofford, M.E. Jr. 1802 W. Ocean Front 601 Clubhouse Ave. 105 Via Orvieto Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 423.081 -0a 4Z3 -x-10 2-123 - i0( -1(0 Kipp, Harold W. Chung, Ming -Chu Mortelette, Rene A. 4002 - 1B Calle Sonora P.O. Box 17448 516 Clubhouse Ave. Laguna Hills, CA 92653 Anaheim, CA 92817 Newport Beach, CA 92660 4Z3. lot- !�j - 423.IL 14 4Z3 - 10) - 13 Nepp, John-Jr. Smith, Chauncy Chung, Ming -Chung 6401 E. Nohl Ranch Rd., #81 11134 Rosanta Dr. P.O. Box 17488 Anaheim, CA 92807 4Z3-/01-1? Loma Linda,-CA 92354 Anaheim, CA 92660 479- Iml.ji i172_hni in 47- 041 -05 Newport Bch. Alano 414 32nd Street Newport Beach, CA 47- 041 -05 OCCUPANT 412 32nd Street Newport Beach, CA 47- 041 -05 OCCUPANT 404 32nd Street Newport Beach, CA • 0 47- 041 -28 47- 041 -23 Club Inc. OCCUPANT Miller, Kathleen Reillyy 420 32nd Street c/o Bentall Asset Mgmnt. 92663 Newport Beach, CA 92663 3111 N. Tustin Ave. #150 Orange, CA 92665 47- 041 -28 47- 041 -23 OCCUPANT OCCUPANT 422 32nd Street 432 32nd Street 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 47- 041 -28 OCCUPANT 424 32nd Street 92663 Newport Beach, CA 92663 47- 041 -06 Pease, Harvey D. 314 Carnation Avenue Corona del Mar, CA 92625 47- 041 -06 OCCUPANT 408 32nd Street Newport Beach, CA 47- 041 -06 OCCUPANT 410 32nd Street Newport Beach, CA 47- 041 -35 Desai, Rajenden G. 1202 Hyde Park Santa Ana, CA 92705 47- 041 -35 OCCUPANT 426 32nd Street 92663 Newport Beach, CA 92663 47- 041 -35 OCCUPANT 428 32nd Street 92663 Newport Beach, CA 92663 47- 041 -28 Paden, William J. 2636 Hollister Terrace Glendale, CA 91206 47- 041 -28 OCCUPANT 416 32nd Street Newport Beach, CA 47- 041 -28 OCCUPANT 418 32nd Street Newport Beach, CA 47- 041 -31 Hass, Henry 430 32nd Street Newport Beach, CA 92663 47- 041 -31 OCCUPANT 430 32nd Street 92663 Newport Beach, CA 92663 92663 47- 041 -21 47- 041 -20 Miller, Kathleen Reilly OCCUPANT c/o Bentall Asset Management 437 31st Street 3111 N. Tustin Ave. #150 Orange, CA 92665 Newport Beach, CA 92663 47- 041 -21 OCCUPANT 436 32nd Street Newport Beach, CA 47- 041 -20 OCCUPANT 92663 439 31st Street Newport Beach, CA 92663 47- 031 -19 Traweek Inventment Fund No. 12 Ltd. 11150 Olympic Blvd. #1180 Los Angeles, CA 90064 47- 031 -19 OCCUPANT 500 -508 32nd Street Newport Beach, CA 92663 47- 041 -20 Dixon, Kenneth W. Jr. 16242 Tisbury Circle Huntington Beach, CA 92649 47- 041 -20 OCCUPANT 3101 Villa Way Newport Beach, CA 92663 47- 041 -20 OCCUPANT 3103 Villa Way Newport Beach, CA 92663 47- 041 -20 OCCUPANT 3105 Villa Way Newport Beach, CA 92663 47- 041 -20 OCCUPANT 3107 Villa Way Newport Beach, CA 92663 47- 031 -02 Hass, Henry 430 32nd Street Newport Beach, CA 92663 47- 031 -02 OCCUPANT 501 31st Street Newport Beach, CA 92663 47- 031 -03 Bank of America NT &SA TR Attn: TREOAU5108 #14459 c/o Bank of Wells Fargo SanOFrancisco, CA 94163 47- 031 -03 OCCUPANT 503 31st Street Newport Beach, CA 47- 041 -07 Shafer, Marion F. 517 Westminster Avenue Newport Beach, CA 92663 47- 041 -07 OCCUPANT 3114 Newport Boulevard Newport Beach, CA 92663 47- 041 -07 OCCUPANT 402 32nd Street Newport Beach, CA 92663 47- 041 -07 OCCUPANT 404 32nd Street Newport Beach, CA 92663 47- 041 -07 OCCUPANT 406 32nd Street Newport Beach, CA 92663 47- 041 -08 Mah, Robert A. 92663 c/o Elzenga, Donna P. 0. Box 2025 Tustin, CA 92681 47- 031 -03 OCCUPANT 505 31st Street Newport Beach, CA 92663 47- 041 -08 OCCUPANT 3112 Newport Boulevard Newport Beach, CA 92663 47- 031 -03 47- 041 -32 OCCUPANT Bank, City National Tr. 507 31st Street 120 S. Spalding Dr. #404 Newport Beach, CA 92663 Beverly Hills, CA 90212 47- 041 -32 OCCUPANT 3108 Newport Boulevard Newport Beach, CA 92663 I �,alifom a Coastal Commission South Coast District 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801 -1450 (213) 590.5071 Type of application: 6 APPLICATION FOR COASTAL DEVELOPMENT PERMIT Standard Permit Administrative Permit: (May be applicable if _ _ development 1s one of the following: (a) improvement to any existing structure; (b) any new development costing less than $100,000; (c) single family dwelling; (d) four dwelling units or less, within any incorporated area, that does not require demolition or subdivision of land; or (e) development authorized as a principal permitted use and proposed in an area for which the Land Use Plan has been certified. SECTION I. APPLICANT 1. Name, mailing address and telephone number of all applicants. &. -T kA N S (Area code/daytime phone number) 2. Name, mailing address and telephone number of applicant's representative, if any. area code/daytime phone number- For office use only Application Number (1) Project cost Received Filed Jurisdiction code (3) Fee Date paid LCP segment (4) Tentative hearing date Geo Ref Code (5) :I (6) Y (7) Coast 1: 1/63 3, Conflict of Interest. All applicants for the development must complete ppen i., e c ;ration of.campaian contributions. crr'r1pN II. PROPOSED DEVELOPMENT Please answer ALL questions. Where questions do not apply to your project (for instance, project height for a land division), indicate "Not Applicable" or "N.A." 1. Pro ect Location. Include street address, city, and /or county. If there TS no stre et address, Include other description such as nearest cross streets. numb@r ib) i street (9) i Assessor's Parcel Number 2. Describe the proposed development. Include secondary improvements such as septic tanks, water wells „roads, etc. , I a) If residential, s :ate: 1) Number of units ,C11/� —(28) 2) Number of bedrooms per unit jj 41A (28) 3) Type of ownership proposed: ❑ rental ® condominium ❑ stock cooperative ❑ time share ❑other b) Number of boat slips, if applicable (29) c) If land division, number of lots to be created and size PROPOSED DEVELOPMENT Widen the east side of Newport Boulevard, widen east side of Newport Channel Bridge, construct new ramps in southeast quadrant of interchange.of Coast Highway and Newport Boulevard, widen sidewalk on east side of brid pe for bike e*, glvutj�an t and pedestrains, rampnand sidewalk modification west side of bridge to provide for bike and pedestrians during construction, rebuild City Hall parking lot and —,Ar+d utility and storm drain relocations as required. L' ci 3 C 5. 6. 7 0 0 Present use of property. a) Are there existing structures on the property? ❑ Yes ❑ No If yes, describe (including number of residential units, occupancy status, monthly rental /lease rates for each unit) and schedule of b) Will any existing structures be demolished? 0 Yes ❑ No Will any existing structures be removed? [ ,yes ❑ No If yes to either question, describe the type of development to be demolished or removed, including the relocation site, if applicable. JAV d% -S v!a f /c y -7q ��?ttt+c AI / 131) Estimated cost of development (not including cost of ]and) S.GiC (32) Y Has any application for a development on this site been submitted previously to the California Coastal 2or•e onservation C fission or the Coastal ) J Commission? Yes No �o�� Sj If yes, s tate previous a pp lication numbe� Project height: Maximum height of structure i(/ —ft Maximum height of structure as measured from centerli a of fron age road � /V�� ft Total number ofoors tr1 str includiny subterranean �'J (1�r�� floors, lofts, and mezzanines B. Gross floor area including covered parking and accessory buildings Qp{ sq ft Gross floor area excluding parking sq ft 9. Lot area (within property lines) sq ft or acres Lot coverages Building coverage �A Paved area Landscaped area Unimproved area Existing New proposed Total sq ft sq ft sq ft 3 sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft 0 Parking: number of spaces existing number of new spaces proposed Total no. of covered spaces no. of standard spaces no, of compact spaces 0 no. of uncovered spaces size size Is tandem parking existing and /or proposed? [] Yes [:] No If yes, how many tandem sets? size 11. Are utility extensi Qns for the folio ing needed tq serve the y roject? Ov\�JAQ ICJ a) water Yes No d) sewer Yes No b) gas rJ Yes Nc t �e� telephone Yes No c) electric RYes No& ,tl"pcJ I': I yes to an.y of the abov w ul extensions be a ove ground? Yes ® No 12. Is the project site adjacenf-''to a p-ub i maintained road ?: Yes No If yes, how far is the nearest public road. SECTION III. ADDITIONAL INFORMATION The relationship of the development to the applicable items below must be explained fully. Attach additional sheets if necessary. 1. If the deVelopment is between the first public road and the sea, is public access to the shoreline and along the coast currently available near the site? ❑ Yes Q No If yes, indicate the location of the nearby access, including the distance from the project site. 2. Is any grading proposed? 4Yes ❑ No If yes, complete the following. . 1!r a) amount of cut 47 cu yds b) amount of fill `1 lB G1 '� cu yds c) maximum height of fill slope `y S Z ;o ft d) maximum hei�ht..of cut slope ft e) amount of im_3t or export �l� cu yds f) location of borrow or disposal site Q o \-- r�k Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. See S ction V, paragraph 11 for the specifics of these requirement 3. Does the development involve diking, filling, dredging or placing structures in open coastal waters, wetlands, estuaries, or lakes? a) diking ❑ Yes ONO c) dredging ❑ Yes t3No b) filling ❑ Yes 9No d) placement of structures t&s []NO Amount of material to be dredged or filled N _(�N_ cu yds. Location of dredged material disposal site N (:IF Has a U.S. Army Corps of Engineers permit been applied for? ETYes ❑ No 4. Will the development extend onto or adjoin any beach, ' 2P es tidelands, submerged lands or public trust lands? owes ❑ No For projects on State -owned lands, additional information may be required as set forth in Section V. paragraph 10. 5. Will the development protect existing lower -cost visitor and re 4re^ationa` facilities? Yes nu No \ �-- w �\\ tA0J\2V 10 �"A 9 u SQ Will the development provide public k� Iy or private recreational opportunities? Yes ❑ No If yes, explain.:` 6. Will the proposed development convert land currently or previously used for agriculture to another use? ❑ Yes No If yes, how many acres will be converted? N acres. 7. Is the proposed development in or near: a) sensitive habitat areas ❑ Yes 10-"**o (biological survey may be required; b) 100 -year fl.odplain -o1hydrolo/gi•c mapping may be requir c (eE,[ Jo a `tom • - ` ......�. -- - 4 c) park or recreation area Yes ❑ No p S. Is the proposed development visible from: a) US Highway 1 or other scenic route bges' ❑ No b) park, beach, or recreation area MYes ❑ No c) harbor area 6es ❑ No 9. Does the site contain any: al historic resources C1 Yes El go b) archaeological resources ❑ Yes ).No c) paleontological resources 0 Yes 'ON* 10. Where a stream or spring is to be diverted, provide the following information: Estimated streamflow or spring yield -,) A gpm If well is being used, existing yield pm If water source is on adjacent property, attach Division of Water Rights approval and property owner's approval. SECTION IV. OTHER GOVERNMENTAL REQUIREMENTS The Local Agency Review Form, Appendix ;s, must be completed and signed by the loco government in whose ,jurisdiction the project site is located. The completed and signed form must be submitted with this application for the application to be considered complete. SECTION V. ADDITIONAL ATTACHMENTra The following items must be submitted with this form as part of the application. 1. Proof of the applicant's legal interest in the property. (A.copy of any of the following will be acceptable: current tax bill, recorded deed, signed Offer to Purchase along with a receipt of deposit, signed final escrow document, or current policy of 'title insurance. Preliminary title reports will not be accepted.) 2. Assessor's parcel map(s) showing the applicant's property and all other properties within 100 feet (excluding roads) of the property lines of the project site. (Available from the County Assessor) 3. Copies of required local approvals for the proposed project, including zoning variances, use permits, etc., as noted on Local Agency Reyi_w Form, Appendix B. 4. Stamped envelopes addressed to each property owner and occupant of property situated within 100 feet of the property lines of the project site (excluding roads), along with a list containing the names, addresses and assessor's parcel numbers of same. The envelopes must be plain (i.e., no return address), and regular business size (91i" x 4 1/8 "). Include first class postage on each one. iietered'stamped envelopes will not be accepted. The words "Important Public Rearing Notice" must be on the front of each envelope. An appropriate stamp is available in the District Office. Use Appendix C, attached for the listing of names and addresses. (Alternate notice provisions may be employed at the discretion.of the District Director under extraordinary circumstances). S. Stamped, addressed envelopes and a list of names and addresses of all other parties known to the applicant to have an interest in the proposed development (such as persons expressing interest at a local government hearing, etc.). 6. Development location and vicinity maps. Maps should show precisely where the development is proposed and present land and water uses in the project vicinity. U.S. Geological Survey 7 112 minute series,guadrange map, Thomas °Brothers map, "__ .J:.___. _.v �..��. __ -�. --� ,... �1.�__1 ��..����.w... ��..: .1.. . e..4faAls 6acs 0 0 '7( 7. Copies of project plans, drawn to scale, including site plans, floor plans, ` elevations, grading and drainage plans, landscape plans, and septic system plans. A reduced site plan, 8�" x 11" must also be submitted. Reduced copies of complete project plans will be required for large projects. Trees to be removed must be marked on the site plan. For demolitions, include a site plan showing the placement and dimensions of existing development on pr subject lot. Photographs may be submitted to show elevation *.. (� 8. Where septic systems are proposed, evidence of County approval or Regional Water Quality Control Board approval. Where water wells are proposed, evidence of County review and approval. 9. A copy of any Final Negative Declaration, Final Environmental Impact Report (FEIR) or Final Environmental Impact Statement (FEIS) prepared for the project. Comments of all reviewing agencies and responses to comments must be included. 10. Verification of all other permits, permissions or approvals applied for or granted by public agencies (e.g., Dept. of Fish and Game, State Lands M h Commission, U.S. Army Corps of Engineers, U.S. Coast Guard). 11. For development on a bluff face, bluff top, or in an� area of high geologic risk, a comprehensive, site - specific geology and soils report (including maps) prepared in accordance with the Coastal Commission's Interpretive Guidelines. Copies of the guidelines are available from the District ' Office. SECTION VI. NOTICE TO APPLICANTS Under certain circumstances additional material may be required prior to issuance of a coastal development permit. For example, where offers of access or open space dedication, preliminary title reports, land surveys, legal descriptions, subordination agreements, and other outside agreements will be required prior to issuance of the permit. SECTION VII. AUTHORIZATION OF AGENT t� el% ! `2 I hereby authorize to act as my representative and to bind me in all matters concerning this application. Signature of pp icant s . - 0.. ,YEMMI VIII. CER77FZCA=W 1 1. 1 hereby testify that I, or my auth=lzmd xeprer:tative, will ocaplete and post the Notice of Pen IN Permit card in a eonspiw glace on the property within 3 days of receipt of the card and notification of filing of this application. a. I hereby.oas'tify that I underatand the C=aiasicn iay inpose rmasanable ` amiditims that mnt be satisfied by persons that are not a party to this application and that prior to issumnce of the pm=t, I must submit :vidence that the conditions will be satisfied by the app=priate parties. 3. 1 hereby ceatify that I have read this completed application and that, to the Dot of ry krcwledge, the infoaaation in this application and all attaciied appendices and exhibits is crnplete and correct. I uree stand that any vd. statements or mission of the rerquestad inf=mtion or of any infoamtion m&sagL=tly requested shall be gds for denying th8 pe=z t, for sus - pm%ding or revakiN a permit issued on the basis of tMse or nsubsequmnt representations, or for aftkig of lch furti. -z relies as may zaer proper to the Ccunission. 6. I h- r�'Y aut'zs rap-^ -sAm- tatives cf the C a ifoxw m Ccss*.a1 C=mssi- to =ids site :L- mss an my pre party. Unless armngmd o=.heraise, these site inspcti ns shall take place bZt;.een the hours of 8:00 a.m. md 5:00 p.n. Decisions of the Coastal C mmissicn mzt be muds on the basis of information available to all caaaissioners and the public. 7herefare peanit applicants and interested parties and their representatives are advised not to discuss with =n=sicznrrs erny utters relating to a perai.t outside Lane public hearing. &run contacts .ray jeopardize the fairness of the hearing and result in isnvalidatimn of the Cmr dasia n's decision by court. Any written material sent to a camussianer should also be sent to the eormission office for inclusion in the public record m-A distribution to other O=issicners. C &mature of Authorized Agent or Applicant O APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX A DECLARATION OF CAMPAIGN CONTRIBUTIONS Government Code Section 84308 prohibits any Commissioner voting on a project if he or she has received campaign contributions in excess of 5250 within the past year from project proponents or opponents, their agents, employees or family, or any person with a financial interest in the project. In the event of such contributions, a Commissioner must disqualify him or herself from voting on the project; failure to do so may lead to revocatior of the permit. Each applicant must declare below whether any such contribull ons have been made to any of the Commissioners or Alternates listed on the reverse. CHECK ONE 7The applicants, their agents, employees, family and any person with a financial interest in the project HAVE NOT CONTRIBUTED over 5250 to any Commissioner(s) or Alternates within 5e past year. The applicants, their agents, employees, and /or family, and /or any person having a financial interest in the project HAVE CONTRIBUTED OVER 5250 to the Commissioner(s) or Alternates listed below wit in the past year. the past year. Commissioner Commissioner Commissioner Signature or Applicant or Authorized Agent Please print your name a_i s /5,1e� ate S APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX A DECLARATION OF CAMPAIGN CONTRIBUTIONS Government Code Section 84308 prohibits any Commissioner voting on a project if he or she has received campaign contributions in excess of $250 within the past year from project proponents or opponents, their agents, employees or family, or any person with a financial interest in the project. . In the event of such contributions, a Commissioner must disqualify him or herself from voting on the project; failure to do so may lead to revocatior of the permit. Each applicant must declare below whether any such contributions have been made to any of the Commissioners or Alternates listed on the reverse. ti CHECK ONE The applicants, their agents, employees, family and any person with a financial interest in the project HAVE NOT CONTRIBUTED over $250 to any Commissioner(s) or Alternates within t e past year. The applicants, their agents, employees, and /or family, and /or any person having a financial interest in the project HAVE CONTRIBUTED OVER $250 to the Commissioner(s) or•Alternates listed e ow wit in the past year. the past year. Commissioner Commissioner Commissioner Signature of pp icant or Authorized Agent Date Please print your name C� C) 415-4�, coN 80411 0 I49 -11 25 - 27 t z 1p 4 � Q�2Z7 425-38 Olt. r rZI I'll it kk ly ti 415-4�, coN 80411 0 I49 -11 25 - 27 t z 1p 4 � Q�2Z7 425-38 Olt. r rZI I'll it kk ti 0 O 0 415-4�, coN 80411 0 I49 -11 25 - 27 t z 1p 4 � Q�2Z7 425-38 Olt. r rZI I'll a 13 n Y 2 I A 0 Z O T Z � y c0 A N N Z N Z Q _n m A � N Lb n�+a O $ w � a h Z � � n m 9 G 2; n y O SEWpm' jo CITY OF NEWPORT- EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6405 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: February 14, 1991 SUBJECT: Contract No. 2642(A) Description of Contract Amendment to Agreement for Funding of Project Design and Right -of -Way Acquisition for Newport Boulevard Widening (32nd Street to Coast Highway) Effective date of Contract November 26, 1990 Authorized by Minute Action, approved on November 26, 1990 Contract with CALTRANS Address District 12 2501 Pullman St. Santa Ana, CA 92705 Amount of Contract (See Agreement) "W� 4f 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach BY THE CITY COUNCIL November 26, 1990 CITY OF NEWPORT BEACH 1 CITY COUNCIL AGENDA i NOV »r2 6 190j ITEM NO. F -30) TO: City Council �t FROM: Public Works Department SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY (C -2642) RECOMMENDATIONS: 1 /J 1. Authorize the Mayor and City Clerk to execute-Amendment No.-:1-to-Agreement (C- 2642 -A) with State for funding of project design and right -of -way acquisition. 7- 2. Authorize the Mayor and City Clerk to execute- Amendment No.-ol- to:•Agreement (C- 2642 -C) with State- for -- funding and administration of project construction. 3 3. ward - Contract No. 2642 to - Brutoco Engineering and Construction, Inc. for $3,940,590.00 and authorize the Mayor and City Clerk to execute the contract subject to Caltrans execution of Amendment No. 1 to Agreement (C- 2642 -C). 4. Approve budget amendments. DISCUSSION: I. Introduction On October 22, 1990, the City Council approved an agreement with Brutoco Engineering and Construction Inc. to extend the award date for Contract No. 2642 and directed City staff to pursue additional funding needed for construction of the project. On November 6, 1990, the State of California Transportation Commission approved the additional funding needed for the State's share of the project cost. Since that time City staff has worked with Caltrans to amend the project administration agreements necessary to provide for the State's share of project cost and prepared budget amendments for City Council consideration necessary to provide for the City's share of the project cost. A copy of the October 22, 1990, City Council report describing the scope of work, bid analysis and project background is attached. CII. Agreement for Design & Right -of -Way Amendment No. 1 to Agreement C- 2642 -A (State Agreement No. 3775, Project Design and Right -of -Way Acquisition) provides for 1) increase design cost of $50,000 shared equally by the City and State; 2) Right -of -Way acquisition cost of $672,000 shared equally by the City and State; and 3) extends term of Agreement to December 31, 1991. Subject: Newport (C -2642) November 26, 1990 Page 2 Boulevard Widening 32nd Street to Coast Highway Project Costs (portion included in Agreement C- 2642 -A) as follows: * The cost reimbursement payable by City to State will be the balance of $336,000 less the City's expense of $45,000 for right -of -way obligation or $291,000. ** The cost includes Mobil Gas Station acquisition cost of $627,000 and City's right -of -way obligation of $45,000 to Lido Mall parking f lot. ■` III. Agreement for Construction Administration Amendment No. 1 to Agreement C- 2642 -C (State Agreement No. 12 -037, Project Construction Administration) provides for increased construction costs as follows: City's State's Total Description Share Share cost Construction $2,262,350 $1,678,650 $3,941,000 Construction Engineering Administration & Contingency 533,150 395,950 929,100 Total $2,795,500 $2,074,600 $4,870,100 In addition to the increase in construction and related engineering and contingency costs, this amendment eliminates the removal of contaminated soil from the Mobil Gas Station under the City's / contract. Clean -up of any contaminated soil encountered on the project lwill be provided for under a separate contract to be administered by Caltrans. IV. Construction Staging and Traffic Control Due to the high traffic volumes and the restricted working area along Newport Boulevard and the Newport Channel Bridge, particular attention has been given to construction staging and traffic City's State's Total Description Share Share Cost Plans, Special Provisions and Estimates Preparation $175,000 $125,000 $300,000 Right -of -Way Acquisition * 336,000 336,000 ** 672,000 Total $511,000 $461,000 $972,000 * The cost reimbursement payable by City to State will be the balance of $336,000 less the City's expense of $45,000 for right -of -way obligation or $291,000. ** The cost includes Mobil Gas Station acquisition cost of $627,000 and City's right -of -way obligation of $45,000 to Lido Mall parking f lot. ■` III. Agreement for Construction Administration Amendment No. 1 to Agreement C- 2642 -C (State Agreement No. 12 -037, Project Construction Administration) provides for increased construction costs as follows: City's State's Total Description Share Share cost Construction $2,262,350 $1,678,650 $3,941,000 Construction Engineering Administration & Contingency 533,150 395,950 929,100 Total $2,795,500 $2,074,600 $4,870,100 In addition to the increase in construction and related engineering and contingency costs, this amendment eliminates the removal of contaminated soil from the Mobil Gas Station under the City's / contract. Clean -up of any contaminated soil encountered on the project lwill be provided for under a separate contract to be administered by Caltrans. IV. Construction Staging and Traffic Control Due to the high traffic volumes and the restricted working area along Newport Boulevard and the Newport Channel Bridge, particular attention has been given to construction staging and traffic Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) November 26, 1990 Page 3 control. Construction staging and detours have been designed to maintain two lanes of travel in both directions along Newport Boulevard most of the time. However, there will be times when traffic is restricted to one lane. Where possible that work has been scheduled for night time hours, with traffic returned to two lanes in each direction by 6:00 A.M. There will also be times when traffic detours are being set -up and /or construction operations require lane closures. The project specifications require that those lane closures be held to a minimum. A construction staging report which describes traffic control, construction staging and estimated working days is attached. In an effort to inform the public, City staff will publish a periodic newsletter with information regarding construction status, traffic restrictions and detour instructions. The project will require 280 working days (1 year and 2 months) to complete the work. Due to the size and complexity of the project and the fact that construction will extend over the entire year, some delays in completion of the work are anticipated. Unforseen F contingencies, and delays due to weather, can be expected to add 2 ■i months to the required project working days; resulting in a project construction period of 1 year and 4 months. In order to allow time for Caltrans to execute the Amended Project Administration Agreement and to avoid disrupting traffic and parking in the City Hall area during the holiday season, the Contractor will be directed to begin work in January with completion of the project anticipated by May 1992. V. Protest of Contract Award The second low bidder, Excel Paving of Long Beach, has protested award of the contract to Brutoco Engineering and Construction, Inc. Excel Paving claims that Brutoco has not met the required Disadvantaged Business Enterprize (DBE) Goals required by the project specifications. Excel Paving claims that Miguel Construction of Rialto, Brutoco's DBE subcontractor, was not certified as a DBE contractor by Caltrans at the time of the bid opening on September 11, 1990. Caltrans Office of Civil Rights in Sacramento reviewed Excel Paving's protest and has notified the City that Miguel Construction of Rialto was certified as a (DBE) Contractor on September 11, 1990. Caltrans letter dated November 15, 1990, is attached. /Page ect: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) mber 26, 1990 4 VI. Fundina In addition to funds in the current City budget, the following budget amendments are required: Description Amount From To Water $140,000 Water Fund Reserve 50- 9297 -205 Circulation and Transportation 200,000 26- 3326 -004 State Contributions 500,000 Caltrans 25- 3326 -004 VII. Recommendation F Approve the amended project agreements with Caltrans and ` the proposed budget amendments and award Contract No. C -2642 to Brutoco Engineering and Construction Inc. for $3,940,590 subject to Caltrans execution of Amendment No. 1 to Agreement C- 2642 -C (Project Administration Agreement). 4; 4// i J, Benjamin B. Nolan Public Works Director JW:so Attachments Y STATE OF CALIFORNIA — BUSINESS AND TRANSOATION AGENCY . PETE WILSON, Govema DEPARTMENT OF TRANSPORTATION DISTRICT 12 MEMM 2501 PULLMAN ST. , SANTA ANA, CA 92705 I A V. 1 Donald L. Webb City Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Subject: Executed Cooperative Agreement Dear Mr. Webb: January 28, 1991 12- ORA -55 0.0/0.3 32nd St. to Route 1 12207 - 018791 District Agreement No. 3775 A -1 Enclosed for your files is a copy of the fully executed Agreement No. 3775 A -1 (Document No. 6101) between the State of California and the City of Newport Beach to provide for the design of improvements to Newport Boulevard from 32nd Street to Route 1. Thank you for your cooperation in the processing of this Agreement and if you have any questions please contact me at (714) 724 -2134. Sinerely, Q- L"h PETER CHAN, Chief Project Management State /Local Projects Enclosures See attached for distribution. IV-, Final Distribution of Cooperative Agreements. cc: Letter Hubert Himes - DDD Project Engineering Doug Tugwell - DDD Project Management Flo Levario - Branch Chief Consultant Services Mario Montes - Fluor representative cc: Letter with Agreement Shu Yu - Accounting Bill Bengtson - Permits George Kopjak - Program Management Tom Almany III - Maintenance Roger Williams - Right of Way Acquisitions Phil Brierly - Right of Way Local Programs Kelli Dykman - Right of Way Utilities Fred Hamidi - Construction Roxanne Baker - Resource Management Project Management files Cooperative Agreement files C — Zi�eIZ(fi) 12- ORA -55 0.0/0.3 32nd Street to Route 1 12207 - 018791 District Agreement No. 3775 A -1 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON /l/OlieNe6- a6 , 190 , is between the State of California, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY. C.a District Agreement No. 3775 A -1 RECITALS 1. The parties hereto entered into an Agreement (District Agreement No. 3775, Document No. 6101) on June 29, 1987. Said Agreement defining the terms and conditions for design of improvements to Newport Boulevard from 32nd street to Route 1, referred to herein as PROJECT. 2. Said Agreement defines the terms and conditions under which PROJECT shall be designed. 3. STATE and CITY desire to increase the total cost for PROJECT to cover STATE's and CITY's share of PS &E preparation and right of way acquisition cost. 4. It has also been determined that PROJECT will not be completed Prior to the termination date of said Agreement. C� IT IS THEREFORE MUTUALLY AGREED: 1. That Article 5 of Section I, of the original Agreement is amended to read: "To reimburse CITY for STATE's share of PROJECT as specified in Articles 2 through 5, Section III of this Agreement." E District Agreement No. 3775 A -1 2. That Article 4 of Section III, of the original Agreement is amended to read: "The total STATE's share of the cost for PROJECT under this Agreement will not exceed $461,000, and total CITY's share of the cost for PROJECT under this Agreement will not exceed $511,000 as specified in Exhibit A attached and made a part of this Amendment to Agreement, and will be subject to audit verification as to all elements of costs and fees charged. The total may be increased by amendment to this Agreement." 3. That Article 13 of Section III, of the original Agreement is amended to read: "This Agreement shall terminate upon final acceptance of PROJECT construction contract by STATE, or on December 31, 1992, whichever is earlier in time, unless all parties agree to an extension of time." H The other terms and conditions of said Agreement (Document No. r►{ cz 6101) shall remain in full force and effect. 3 0 District Agreement No. 3775 A -1 This Amendment to Agreement is hereby deemed to be part of Document No. 6101. STATE OF CALIFORNIA Department of Transportation ROBERT K. BEST Director of Transportation By as to Form and Attorney Department of Transportation CITY OF NEWPORT BEACH ►�)city (Clerk yd as to Form Certified as to Funds and Procedure District Ac o nting Officer C! i f Description PS &E Preparation Right of Way Acquisition Total District Agreement No. 3775 A -1 12- ORA -55 0.0/0.3 12207 - 018791 EXHIBIT A CITY's Total Costs Share's $300,000 $175,000 * $672,000 ** $336,000 STATE Is Share $125,000 $336,000 $972,000 $511,000 $461,000 * This cost includes Mobil Gas Station acquisition cost of $627,000 and CITY's right of way obligation of $45,000 to Lido Mall parking lot. ** The estimated cost reimbursement payable by CITY to STATE will be the balance of $336,000 and CITY's expense of $45,000 for right of way obligation, or $291,000. Cr� 5 �iTY OF NEWPORT BEAM COUNCIL MEMBERS ROLL CALL s CER1' ..... ( ITY ( DAT4 MINUTES November 26, 1990 INDEX IE ERK �SA a Te RUEi CITY i - 'n nr CORRECT , R Z L... 4tA n COP "" x 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement for NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY (CONTRACT NO. 2642[A]) with the State for funding of project design and -of-way acquisition; authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement (CONTRACT NO. 2642[C]) with State for funding and administration of project Npt B1 W 32nd St C- 2642(A (38) construction; award CONTRACT NO. 2642 to �G P RT Brutoco Engineering and Construction, `. Inc. for $3,940,590.00, and authorize psi O� .� the Mayor and City Clerk to execute the (� contract subject to CalTrans' execution of Amendment No. 1 to Agreement (CONTRACT NO. 2642[C]); and approve qCl �P Budget Amendments. (Report from the O Public Works Department) (b) Approve and authorize the Mayor and City 0/C Env Clerk to execute an agreement with Agcy /Re] Orange County Environmental Management Cate SwT Agency (OCEMA) for cooperatively joining HamiltoT in a project to RELOCATE A CITY SEWER Victorie MAIN IN THE HAMILTON- VICTORIA BRIDGE. Brdg (Report from the Utilities Department) C -2841 (38) (c) Approve and authorize the Mayor and City O/C Wtr Clerk to execute an agreement with the Green "Green" Orange County Water District for Acres implementation of the "GREEN ACRES" C -2842 RECLAIMED WASTEWATER IRRIGATION PROJECT. (38) (Report from the Utilities Department) (d) Authorize the Mayor and City Clerk to C /Mesa & execute a Cooperative Financing 0 /C /Inst Agreement with the City of Costa Mesa Sgnl Int and the County of Orange for Iry /Wstc INSTALLATION OF TRAFFIC SIGNAL 17th /Orc INTERCONNECT FACILITIES ON IRVINE AVENUE C -2815 BETWEEN WESTCLIFF DRIVE /17TH STREET AND (38) ORCHARD DRIVE [CONTRACT NO. 28151. (Report from Public Works- Traffic Engineering) 4. COMMUNICATIONS - For referral as indicated: (a) To Traffic Affairs Committee for TAG response, letters from Carl Fulco, and (85) Robin and Linda Boyd in favor of closing BACK BAY ROAD at night. Volume 44 - Page 404 dng/ /C) Mgm 0- Mr , Dst/ ltn rent if hrd CITY OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714)644 C'4 / /69 LGe- TO: FINANCE DIRECTOR y//a197 FROM: CITY CLERK DATE: August 14, 1987 SUBJECT: Contract No. C- 264264 Cooperative Description of Contract Agreement for Newport Boulevard Widening, 32nd Street to Coast Highway Effective date of Contract June 29, 1987 Authorized by Minute Action, approved on June 22, 1987 Contract with CALTRANS Address Amount of Contract (See k" ef 4fe Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach Ll • 0 TO: CITY COUNCIL FROM: Public Works Department (V . `June 22, 1987 BY THE CITY COUNCILCITY COUNCIL (b) DA CITY OF NEWPORT BEAC�1 TEM O JUN 2 2 1987 APPROVED SUBJECT: NEWPORT BOULEVARD WIDENING, 32ND STREET TO COAST HIGHWAY COOPERATIVE AGREEMENT WITH CALTRANS RECOMMENDATION: Authorize the Mayor and the City Clerk to execute the subject coopera- tive agreement with Caltrans. DISCUSSION: On May 11, 1987, the City Council adopted a resolution supporting the programmed State Transportation Improvement Program (STIP) project to add a northbound lane to Newport Boulevard from 32nd Street to the channel bridge, with the existing bridge widened at its present grade; and terminating any further consideration of a new higher bridge. The project has been programmed by Caltrans for construction to begin in Fiscal year 1988/89. The cooperative agreement with Caltrans provides for the City to admi- nister preparation of the plans and specifications for the highway and bridge improvements. The City will fund 100% of the cost for work on City streets (Newport Boulevard, 32nd Street to Finley Avenue) and 50% of the cost for work on the State Highway (Newport Boulevard, Finley Street to Coast Highway). Caltrans Bridge Department will prepare bridge plans and specifications to be included in the final plans and specifications by the City. Attached is a summary of the terms of the agreement. Funds in the amount of $100,000 for the State and $100,000 for the City have been provided in the City's proposed 1987/88 budget. A Request for Proposal to complete design for the project has been prepared and consultant selection is planned by August 1987. The plans and spe- cifications are scheduled to be completed in nine months after a notice to proceed is issued. OL, "a • RR-Benjamin B. Nolan Public Works Director JW:jd Att. 0 E SUMMARY OF COOPERATIVE AGREEMENT WITH CALTRANS A. CalTrans agrees: • 1. To provide direction and coordination necessary to ensure that required State and Federal procedures are followed. 2. To provide prompt reviews, approvals and cooperation in processing the plans and specifications. 3. To provide 50% of the cost of professional services necessary to prepare plans and specifications for the work on the State Highway. 4. To provide 50% of City's cost for work on the State Highway for all non - salary expenses and actual and direct labor costs plus fringe benefits and overhead. 5. To provide necessary encroachment permits and rights of entry for design. 6. To obtain, in cooperation with City, all necessary permits and approvals for construction of the project. 7. To provide all right -of -way functions related to the project. • 8. To complete and provide the certified environmental document needed to construct the project. 9. To prepare plans and specifications for the Newport Channel Bridge Widening. B. City agrees: 1. To administer preparation of the plans and specifications for the proj- ect. 2. To obtain State's approval prior to requesting qualifications and propo- sals from consultant firms. 3. To obtain State's approval of consultant selection process and State's approval of any contract with a consultant before said contract is exe- cuted by the City. 4. To furnish State with written monthly progress report. 5. To bear 100% of cost of work on City street. • 6. To bear 50% of cost of work on State Highway. 7. To coordinate and prepare plans necessary to inform utility companies of necessary relocations to any interfering utilities. 8. That plans and specifications for the project be prepared by or under the direction of architects or engineers registered and licensed in the appicable professional field in the State of California. Page 2 Summary of Cooperative Agreement with Cal Trans • 9. That City and consultant shall be available during construction of the project to interpret plans and specifications and to review and recom- mend approval of change orders, shop plans, false work design or other working drawings. 10. That if errors or omissions are discovered in the plans or specifica- tions prepared by the City, the City and its consultant shall make all necessary corrections. 11. To submit signed, itemized invoices for all work to the State in triplicate. 12. To retain project documents and make them available for review and audit by State and Federal representatives for four years following completion of the project. C. It is mutually agreed as follows: 1. All obligations of State are contingent upon appropriation of funds by legislature and allocation by Transportation Commission. • 2. The total amount payable by the State to the City will not exceed $100,000. 3. Upon completion of all work under this agreement, ownership and title to all documents relating to work on State Highway will be automatically vested in the State. 4. Pursuant to Government Code 895.4, the State shall, to the extent per- mitted by law, defend, indemnify and save harmless the City, and its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from City's performance of this agreement, excluding any injuries, death, damage or liability resulting from the negligence or willful misconduct of the City of its officers or employees. 5. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. • 6. State reserves the right to terminate this agreement upon written notice to City. At the time of termination, the City will be paid for accept- able work accomplished and delivered, and for costs related to termina- of any consultant contracts. 7. This agreement shall terminate upon final acceptance of construction of the project by the State, or on December 31, 1990, whichever is earlier in time, unless all parties agree to an extension of time. U 7 -ORA ., 0.0/0.3 32nd Stireet to Route �. 07207 - 018791 It ''•'. District Agreement, No, 3775 THIS AGRE9KENT, ENTERED INTQk.O.N 19�, is bet , the STATE 6V CALIF RNIA, ac s9 and t rc*q is Department o Transptknotion, referred to ii - ;p as STATE.; - and CITY OF NEWFpg�.:: H, a °:political ision . l the State California, re t:o herein as ,CITY a =ar l IIi V/ c 1• S ATE and CITY, pur .y to Streets and Highways Code ..Section 114, are authorized to 4Ar into a cooperative agreement fvr improvements t81' :Highway within CITY.: 2• STATE is.prepared to uthorize CITY to assist in the design of improvement*4 Newport Boulevard from 2nd Street pacific COaBt Highway, State Route l in the C ty'of Newport Beach, refeiki-ed to1hacein as "PROJECT ". Newport Boulevard between Finley @venue and Pacific Coast Highway is State Router 55. � { 3.. CITY desires to prepare plans, specifications,_ and estima s, referred to herein as PS&E, for PROJECZ'.in otter to bring .about the'earliest possible.constructiOn of`PROJI0. 4. The California Transportation Commissiom: has specified , that the State Highway portion of PROJECT will .be` developed With 50% STATE and 50% Local Agency funding. 5. ".STATE and CITY do mutually desire to cooPerate in the design of PROJECT and desire to specify herein.the terms and conditions under which PROJECT is to be designed... urn a.w v.iac,. e�maauma.ua- ;nyuaccsu iot Fae Fai ePFJmamt.a vaa ua. reran ivi PROJECT. } !r a - 2. To provido'- examples of Request* -for .Qualifications and equests for :Proposals including the scope:of work for CITY use in procuring ;:;consultaRt,assistance, to .advise CITY,om. consultant procurement procedures, and to participate is consultaat sel*ction;;if CITY elects to retain one or more consultants tb carry out the terms,of this.Agteement. 3. To work with CITY to assure that required Ste to and FeAM4 al prQC ®lures are followed and approvals obtained, ' 4. To provide prompt reviews and approvals as appropriate f subs}ittale by CIT3(, and to,cooQerate in timely processing of descri To reimburse CITY for STATE's share of PROJECT as *n tion III, Article 2 of this Agreement: i f_ nyimnutenvi. � or tne. va ua.Y ma co work on PS&LIty CITY rorcij� to reimburse CITY w1 is 45 days after receipt of billing, for,ST#AE,,!s share of all non - salary 1 ` -, expels *s, aid.aetual:;and direct labor- cost*; plus fringe benefits elnd overhsad.'. -Any STAT*- ,funds . remaining with CITY shall be _. ., a a.- g$ retired t ATE within 45 days after completion and acceptance Of PS &E Of PROJECT. 7. To depoitfc',with CITY within 45 days of execution of any consultant contract, 251€.of STATE's share of thet estimated cost of sus contr1m, and to reimburse CITY within 45 days after receipt jai bill ng, any � TY payments of STATE's share of costs. made to consultant.. Any ` -STATE funds remaining with CITY .shall.be returned to STATE within 45 days after termination of consultant contract. 8 To deposit additional funds if during the course of preparing PS &E, the advance deposits provided for under Sections (5) a e- 5) above, are found to be substantially under the amount which is required to cover the estimated final cost of the work. If th*,deposit is substantially over that required, the excess - should SikSefunded as soon as possible. 9. To provide necessary encroachment permits, and all i k. rights of entry and permits to enter related to PS &E preparation including but not limited,to those required for design invasttgations and surveys. -4 i V r A. Y ld. T rspare PS &E far widening. the Route 55 bridge and nts over Newport Channel.•:..prepaa ' ion of the bridge PS &E will,_ coordinated w" th CITY in that the bridge PS&E may be included as. partyot eke final PS &E for PROJECT. Costs of preparation of bridge P96,$:.sh.all be shared as described in Section III, Articles 2 through 54- Chia Ag r e e iw'Ah t.` 11. To be available dur ng, construction of PROJECT to interpret the PS &E, and review and rsCpa►mend approval of change ders, required shop plans, falsewcy 'designs, and other working, dr q$ ,.related :to, Plans prepared by STATE. 12. To obtain; in coo~tion ".with CITY,'neceesary permits rovals for cortruction of PROJECT, at no cost.to.CITY. n the event that railroads are #,revolved, STATE will coordinate wiiih railroad and,,-California Pu%jji'Utilities Commission and obtain needed. approvals.. To provide all right -of -way related information and services required i'ot PROJECT including but not limited to appraisals, acquisition and coordination xitti ant9.nGtiOe to Utility companies to r4f ate.. CITY and STATE will iihara the cost of all right -of -way related activities as prorated in Section III, Article, 2 of this.Agreement.. _5, , ICITY. AGREES 1, To prepare PS &E fat:,PROOCT with CITY and /or- :consultant forces. The PS &E are to be d in accordance with.O.f TZ e .. laws,.zules, regulations, policies, procedures, manuals, slYssdard plane and specifications, and other standards including compliance with Federal Highway Administration (FHWA) regstl:xements, is Provided by STATE in accordance with Section-l# Article-l'-of this Agreement. PS &E -are to be subject to ongoiiy review and formal. draft and final review and approval by STAT -g and SHWA. CITY - and /or its consultants.shall not incorporate in the design any materials or equipment of single or soia.:,source origin withou, ,the written approval of STATE. u. 2. To obtain STATE's approval of any Requests for Quall'fications and Requests for Proposals prior .to, distribution for any work to be performed by consultanty to obtain,STATE's " approval as to proposed selection processes for any consultant, of the actual consultant selected if any, and of any contract with a consultant for PS &E,'before said contract is..axecuted by CITY. r 3. To furnish STATE with written monthly progress repgrts during he when the PS &E are being 9 period g Prepared. f _ z `a drawings Of -documents tbe final aesigga r Other 4. To proper*- civil, 0 P- electrical, `` t structural, 300c of architect the di ection r U"er tureis Of PR 0 n the a ppl icabl' engineering' ng:L - I%nc, .d Bred and licensed pers.re aild-oiteCts or engirk,,,, r Any reports, the 0 the state f �.c t field, tbo. fli-anS shall bear D d each sheet 0 an speci.jica% tion r registration certificate," # . ture Of ssionai-AP-84,14 and signs profs . -ir& t 0 of cortif "assific ation, XP sable for their preparat ion. ineer the professional ., l av&iX#ts conell b e during 5. t be availabl-e or have i.. . S&Z and,reVisw and P jk0j3CT to interpret ot the construction Of required shop plans, o plans r omme", f change related to. oc th. working drawings r prepat ed . by CJTY*; . an . d furnish the e all necessary correction! 6. To mall within a rows . onabls time to be corrected product to STATE, of construction', errors STATE ifo during the course -fied by ST specl plans' ,c r omissions a re,disoovered in any Of itants have provided 0 TY Or its consil �)-r estimates which the rsuant to tbi a Weement- share of PRODECT. coots as E for,-CITY's 7. To retmburs, STAT b 5 Of. this Articles 2 throug ibed in Section -7- i'. To prepare the f# I- -4—esign documents al°1d drawings of ( archite al, 'structural, 'S hanicali.. electrical;' civil, or other engineering atures of PROJECT by or unAerr--the direction ,of chitects or engins�rs registeresl,aAd: tensed in the ,applicable PrBSional'field Tn' the state o{ ifornia. Any rats, the spec ifi6OU ps, and each sheet of plans shall bear the professional eai, cet.tificate. number. registration elassification, expirati of certificate, and signature of the professional engineer responsible for thin preparation: 5. Toe available or have its consultants availgirie during ''b construction of PROTECT to interpret the P3iE;- and re -ew and. _t recommend proval of change orders, required shop plus, Is-Isework desigos and >' other working drawings related to plane 1 prepirYd by CITY To make all`.necessary corrections mind 'furnish the corrected` product to STATE, .within a'reasonable-time to be specified by STATE if, during the °course of constructionq..errors or,. omissions ars` discovered in any of the plans, jo.pecifiotitionst or estimates which the ,CITY or its consultants have provided pursuant to this Agreement. 7. To reimburse STATE for CITY's'share.of PROJECT coats as described in Section III, Articles.2 through 5 of this Agreement. ��0a� i , q : To submit siged,it zed invoices, in _xiplicate, with specifi sails of al i incurred during tht period of the invoice. Invoices will meet format and coatanE irements ified by WATE.. Each invoice shall.be fitted to the State Pro 'Manager for approval and forlt�tding to the appropriate .. ... AccountipQ Office for paymesl'' i 9. To reta all books, documents, papers, accounting records, and other evidence pertaining to costs incurred, v including support data for cost proposals, `end wake such materials avr '- lable.at the respective offices of the;CITY and rte; subcontira"ors at all reasonable times durincj the cointsact period ,:and for the yeats'. from the date of final payment under the c4atract., The: 8"IM4 FHWA, -or any duly authorised representative toll of the,- S*deral Goverment shall have access t,o.any books, records, and;.docuioits of the CITY'and its subcontractors that are Pert ant to the'contract for audit's, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. SECTION III ° �s ved ip ti on b" # tx Le K hh .t ♦�` :a. � y w :., t <''. .;,, -� ^^ 5 �'' s > .?? '; ' i ' . i ter. �x'm- 4 °1'� _ � t � .fed • � �,:. .N a $� +� _ ': G h „F' J .3 � Y, F /.5 - • qi ;�` i -a' 4 y... G _ � P i^ idi y yY *treat 5 _ L 210' x a !• tln .:, -' iPicatioa as r y Q vD 3 ;< F �k i ._ •..1 svai_ "yu y � s+e it 3 `'t -eiwA -r _,^ •, b pts'S�` ,��,, { yip 1y{� ate' FF. i� _ .yy'a- i :.. ti 1a tz� k x v.� '�. � a�� >� •., T � '11 i' '�; r� �{ i"E`Y FS.f y. >� >��E��'a"a� ;�^G t4 + f"= '•cEg.�i ,� � -s r " -�. t. ]'ekS 3 P -un � j s i 1 I n 4. Ai 1 -0 _ ,., e r .�`$ s# `•�- -:y3, i.. ;.v fire � #� F y _. .t E r s F +iy> �ff•as It x t.+r.- 't tpo,,� 4an ik 04-' r-`6' S }'. ah"+ ae31.C: F •i' F FX .i^�. �1' 8 -. bT �r g u. p i � F 5 t i S b r¢ £ s s° v, 'c.. ' 'ii '"7 YV.� r { _ 5� r 9s ♦1,.' .b` -'+Zs' ♦ '4 -4 s 2 •Y �- 4 t �'� c .,r"�' F' � � z 8 3 r��� �" at'�•"s "?r � "7 'i `� �r �'i rF v P � �' s:-�n. a a . '� 'tP � � <•,� � ��� � 4i w � mss- -.:. � r .Y+t r .s Z i 4f .y tK ai 1 p r • +�� t �� � %gay 1� i, 4-n 9: �'✓e :. _ � �o-J9 � ✓ '�y iR 3r*�'��``' ` ��� il=�il p"''f � ,>'+'i� z �t fit+'` s �, � _ 3 � ?b s4 ax it �" s�� � 'a•$->i i°.y -/ ,# � ' r f x . TM 7 4"M 4ew 4A yy That'ST-L 11 designate $ate Prod ord nator and that Y shall designate a rept i lM, through whom a7�� t � ommunicati&'& between the two agencies oul2 be chann*1A �'RiO Project Coordinator shall review '%170t work of C`2TY' and its consu tarts, if any, and to obtain appr 3e ae?'necessary during performane'of p ROJ30f ;work. F ;sue Upon Vompletion of all work under this Agreement, ownerahl nd ti*4tol,all engineering reports, documents, plans, ppecificat 1 4 anoettimates including project engineer memos and estimates backups p used as part of PS &E will automatically be v ed.in'STATE and urther agreement will be necessary to transfer xship to STA'Z CITY will furnish = bTATE all . neceasarysiss•of plans, specifications, and estimates to . complete review -samk &-approval process, and upon::completion of PS &E 1 transfer all 13�T documents to STATE..".. { S• 'FATE and CITY shall work together to develojp .. a schedule . to complete PS && 'so that PROJECT may be advertised for `{ truction in the 1988/89 Fiscal Year. i 9. SATE and CITY shall negotiate a subsequent coorative agreement to cover the construction of PROJECT when the details of PROJECT are better known. f:. _'. h:f -:, pur It is understood and ayxkiipursuant to Government' Code 8; STATE shall, t Xtent perms by law, daf indemnify° save harmless CITY, and.ite olxle4rs. an yeas m al S, suits or actions o,;avezy nam1Y� ]rind and d iption brought,foz.or on account of - injuries to or Heath of ` any perann,or damage to property - tsulting from CITY's performance i of this A<eement, excluatng any injuries,. death, damage or s 14ability resulting from the negligence or willful misconduct of CIA or its off }cars or employees. 11. Dip alterat� @A or variation of the terms of this A ement ahpll be vi4id unless made in writing and signed by the parts here and no oral understanding or agreement not f incorporil pd heFein shall be binding on any of the parties hereto: =f __. STATE reserves "the right to terminate this Agiaement upon writ gn notice to CITY. At the time of termination, CITY will be paid'- acceptable work accomplished and delivered, and j for costs related to termination of any consultant contracts. All engineaing documents, including raw data and draft.plans, specificattpns, and estimates, prepared up to.the time of termination shall become property of STATE. j -11- I the l .199 zz pr- 0 nstruction con- KIM cTiLT, or. on DamAMW 31, ,. whicbeviij..is earlier in .unies8 81s agree to.,am . on of tam. t DONALD L. VATSO District b**.e ©tor SOURCE IEXP. AUTy UNIT - -'f kmby cc-qv wpm .ey auw pM of .. amLL;bk Jm eht 7nb+I nwfpwp eo/,k q,.mt .... , FlSCAI Y' " TIEM CNA11V STATn�rrrr�ss �iGAi -on! l3 ? �GX7 v�%A00 ..890-717. S) Ti " e n I" i ^I f CCAI ENCUMBRANCE v7 ( I� a t' 1• r I F �• � j i..1_ !! .L. _..; _..•i 's ii...wqu FFr:•:: is {_.rt. 1 i WIIIAWT F 6' saw er _ I, a j i..1_ !! .L. _..; _..•i 's ii...wqu FFr:•:: is {_.rt. 1 i a i..1_ !! .L. _..; _..•i 's ii...wqu FFr:•:: is {_.rt. 1 i WIIIAWT a CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: January 7, 1991 SUBJECT: Contract No. C -2642 Description of Contract Engineering Services Agreement for Newport Boulevard Widening 32nd Street to Coast Highway Effective date of Contract December 26, 1990 Authorized by Minute Action, approved on December 10, 1990 Contract with Williamson 6 Schmid Address 15101 Red Hill Ave. Tustin. CA 92680 Amount of Contract (See Agreement) "W� 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach TO: FROM: City Council Public Works Department (0 December 10, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(d) SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY "MENDED ENGINEERING SERVICES AGREEMENT C- 2642 -B AND CONSTRUCTION ENGINEERING SERVICES AGREEMENT C- 2642 -E RECOMMENDATIONS: Approve agreements and authorize the Mayor and City Clerk to execute the agreements with Williamson and Schmid Consulting Civil- Engineers. DISCUSSION: Under cooperative agreements with Caltrans, the City has administered design and will be administering construction for the widening of Newport Boulevard. Williamson and Schmidt Consulting C Civil Engineers were retained to prepare the plans and specifications for the roadway portion of the project and the contract documents for the entire project, including the Caltrans designed Newport Channel Bridge widening. During the bidding process and prior to award of the contract, several items of work not provided for in the original Engineering Services Agreement were required. In addition, the original design proposal included services during construction, but the agreement deleted the fee for those services with the understanding that a separate agreement would be prepared at the time of construction. The amended Engineering Services Agreement and the Construction Services Agreement provide for the following services: A. AMENDED ENGINEERING SERVICES AGREEMENT Services a. Prepare spreadsheets for comparison of bids and cost sharing. b. Prepare project phasing report and exhibits. C. Perform field surveys and design work necessary to prepare 1" =4' scale plan for existing bridge deck. d. Associated blueprint and reproduction work. P") C 0 0 Subject: Newport Boulevard Widening 32nd Street to Coast Highway Amended Engineering Services Agreement C- 2642 -B and Construction Engineering Services Agreement C- 2542 -E December 10, 1990 Page 2 Fee The change in fee for the additional work is $7,000. This increase the maximum allowable fee to $260,800. Under the terms of the Cooperative Agreement with Caltrans, the additional fee will be split 50% Caltrans, 50% City. B. CONSTRUCTION ENGINEERING SERVICES AGREEMENT 1. Services a. Shop drawing review. b. Construction plan interpretation and consultation. C. Meeting attendance. d. Construction observations. e. Preparation of as -built drawings. Also included in Williamson and Schmid's scope of work are the services of the other project consultants for soils, traffic and landscape architecture. 2. Fees Williamson and Schmid Is compensated for on an hourly fee not to exceed $45,000. Cooperative agreement this administrative costs will be the City proportionally to services would be basis, with the total Under terms of the fee as well as other shared by Caltrans and each party's share of Funds are included in the current budget to cover the cost of these agreements as well as the other contract administration services. Benjamin B. Nolan Public Works Director JW:so 0 0 MODIFICATION OF AGREEMENT NUMBER C- 2642(B) This modification Agreement No. C- 2642(B) entered into thisa� -` day of � , 1990, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY" and WILLIAMSON AND SCHMID, hereinafter referred to as "CONSULTANT," is made with to the following: RECITALS A. On October 19, 1987, Agreement Number C- 2642(B), was entered into by and between CITY and CONSULTANT, hereinafter "AGREEMENT." B. On November 17, 1988, October 11, 1989, and July 12, 1990, the first, second and third modification to "AGREEMENT" were entered into by and between CITY and CONSULTANT, hereinafter first, second and third modification respectfully. C. CITY and CONSULTANT desire to modify the AGREEMENT on the terms and conditions set -forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Section iB of the AGREEMENT is modified to read as follows: The term of this AGREEMENT, which commenced on October 19, 1987, is extended on the day the Modified Agreement is executed and shall terminate one year hence unless terminated earlier as set forth herein or extended by mutual consent of the parties. 2. Section VA of the AGREEMENT is modified to read as follows: CONSULTANT hereby agrees to perform all the services as outlined in the AGREEMENT and modifications (Exhibits A, D, E and F), and to perform the additional services as outlined in Exhibit "G" attached hereto consisting of Letter of Proposal dated November 16, 1990, (and by this reference made a part hereof). 3. The first paragraph of Section XX is modified to read as follows: The work required as set forth in Exhibit "A ", Exhibit "D ", Exhibit "E", Exhibit "F" and Exhibit "G" shall continue and be completed in accordance 3 with the revised schedule attached hereto as Exhibit "C -3" contingent upon actual review and approval time requirements. 4. Section XXIII B of the AGREEMENT is modified to change the set fee from $33,980 to $34,880. 5. Section XXIII D is modified to change the total expenditures from $253,800 to $260,800. 6. Except as expressly modified herein, all other terms and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of AGREEMENT to be executed on the day and year just above written. ATTEST: APP' AS TO FORM: ity AS V, I CITY OF NEWPORT BEACH a Municipal Corporation it WILLIAMSON AND SCHMID IF11 0 S1LUA SON & SCHME) CONSULTING CIVIL ENOINEENS ENO L.NO SUNVEYOeS EXHIBIT "G" November 16, 1990 Mr. John Wolter City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, California 92663 Dear John: SUBJECT: PROPOSAL FOR ENGINEERING SERVICES MISCELLANEOUS SUPPORT; NEWPORT BLVD. WIDENING; OUR JOB NO. 87260 In accordance with your request, please accept this proposal to provide miscellaneous support services which you have requested be performed by Williamson and Schmid for the subject project. Specific tasks covered by this proposal and the estimated cost to accomplish the necessary work are as follows: TASK 1. Prepare miscellaneous spreadsheets for bid/ budget comparisons 2. Prepare exhibits and supporting text for project phasing to be used in Council Agenda package and Council Meeting presentation 3. Perform the necessary field survey and office work to prepare 1" =4' scale plan for existing bridge deck 4. Allowance for miscellaneous blueprints, photo work, and other reimbursable expenses TOTAL ESTIMATED COST ESTIMATED COST $1,000.00 $2,500.00 $3,000.00 $300.00 $6,800.00 Based upon what you have told me about the project, it is my best estimate that our fees and costs will not exceed $6,800.00. As we have discussed, these Corporate Office • 15101 Red HIII Ave. • 7betin, California 92680 • 714/259 -7900 • FAX 714/259 -0210 Inland Empire Office • 1101 S. Milliken Ave., Suite G • Ontario, California 91761 • 714196&7680 • FAX 714/968-5299 San Diego County Office • 5355 Avenida Encinas, Suite 204 • Carlsbad, California 92006 • 619/438.4332 Coachella Valley Office • 7722 Country Club Dr., Suite P • Palm Desert, California 92260 • 619/360 -3744 • FAX 619136D-3745 Mr. John Wolter Our Job No. 87260 November 16, 1990 Page 2 • o�,� &� SCONSULTING CIVIL ENGINEERS AND LAND SURVEYORS services will be provided on a time and materials basis pursuant to our standard hourly rate schedule in effect at the time the work is performed (current copy enclosed, possible revisions effective August 1), and subject to our standard Terms and Conditions which are on the reverse side of this letter. We have commenced work based on your verbal authorization to proceed which you gave me on September 10, 1990. If my understanding of our agreement is in any way incorrect or unacceptable, then please call me before our work proceeds to any substantial extent. Otherwise, you need take no further action in order to assure that we will proceed as you have requested. Upon your approval of this proposal, please provide us with a purchase order or contract authorization as necessary. Thank you for giving us the opportunity to be of service to you. Sincerely, Jesus A. Michel Corporate Office dcProposals Enclosure: Rate Sheet cc: Financial OWILLIAftON & KHMID SCONSULTING CIVIL ENGINEERS AND LAND SURVEYORS STANDARD HOURLY RATES EFFECTIVE AUGUST 6,1990 AUTHORIZED OVERTIME PRINCIPAL ENGINEER $120 $120 PROJECT MANAGER 104 104 PROJECT ENGINEER /PLANNER 90 90 ENGINEER /TECH 5 74 85 ENGINEER /TECH 4 61 71 ENGINEER /TECH 3 48 57 TECH 2 /WORD PROCESSING 36 44 TECH 1 /TRAINEE 25 31 3 -MAN SURVEY CREW 182 222 2 -MAN SURVEY CREW 144 174 ADDITIONAL CHARGES COMPUTER PROCESSING TIME $25 /Hour PLOTTER TIME $10 /Minute EXPERT WITNESS $150 /Hour COURT APPEARANCES /DEPOSITIONS $250 /Hour IN -HOUSE BLUEPRINTS AND XEROX AT COST OUTSIDE SERVICES AND BLUEPRINTING AT COST PLUS 10 PERCENT Corporate Office • 15101 Red HIII Ave. • Tustin, California 92680 • 714/259.7900 • FAX 714/259 -0210 Inland Empire Office • 1101 S. Milliken Ave., Suite G • Ontario, Callifomia 91761 • 7141988 -7880 • FAX 714/988 -5299 San Diego County Office • 5355 Avenida Encinas, Suite 204 • Carlsbad, California 92008 • 619/4384332 Coachella Valley Office • 77-622 Country Club Dr., Suite P • Palm Desert, California 92260 • 619/3643744 • FAX 6191360 -3745 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: July 12, 1990 SUBJECT: Contract No. C- 2642(B) Description of Contract Amended Engineering Service Agreement for Newport Blvd. Widening, 32nd Street to Coast Highway Effective date of Contract July 12, 1990 Authorized by Minute Action, approved on Contract with Williamson and Schmid Address 17782 Sky Park Blvd. Irvine, CA 92714 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment July 9, 1990 3300 Newport Boulevard, Newport Beach • • • 2 TO: City Council BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 91990 APPROVED FROM: Public Works Department 0 July 9, 1990 CITY COUNCIL AGENDA ITEM NO. F -16 SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY PLANS, SPECIFICATIONS AND AMENDED ENGINEERING SERVICES AGREEMENT - C -2642 AND C -2642B RECOMMENDATIONS: 1. Authorize the Mayor and City Clerk to execute the Amended Engineering Service Agreement with Williamson and Schmidt Consulting Civil Engineers. 2. Approve plans and specifications for Contract No. 2642. 3. - i•"-tha:.CLty- XJkrk__t.o: adcPr, ias fn ,b4lds- uia�n; -�, �, o ^o; pt<oE�pxottdl`.ix� ^.•: �ws.• DISCUSSION: The project proposes to widen the east side of Newport Boulevard; and, with resurfacing and restriping of the existing roadway, will provide for three northbound lanes and sidewalk bike trail from 32nd Street to Coast Highway. The project will include new curb, gutter, and sidewalk along the entire east side of Newport Boulevard and the west side of Newport Boulevard from Finley Avenue to Short Street; a raised landscaped median along a portion of Newport Boulevard; left turn lanes at intersections; ramp construction to eastbound Coast Highway from northbound Newport Boulevard; bridge widening on the east side of the Newport Channel Bridge; drainage improvements; water main and utility relocations; retaining walls where necessary; bulkheads; bus stops; traffic signal modifications; street light modifications; striping and signing; bike ramp construction and sidewalk widening to the west side of Newport Boulevard from north of the Newport Channel Bridge to Short Street; and elimination of the aisle and parking spaces in front of City Hall and construction of angle parking in 32nd Street in accordance with Council directive. Due to the high traffic volumes and the restricted working area along Newport Boulevard and the Newport Channel Bridge, particular attention has been given to traffic control and construction phasing. The project will require one year to complete the work. By scheduling construction to begin after the Labor Day weekend, construction impacts will be limited to 1 Subject: • July 9, Page 2 • • 46 Newport Boulevard Widening 32nd Street to Coast Highway Plans, Specifications and Amended Engineering Services Agreement - C -2642 and C -2642B 1990 just one summer. Construction phasing and detours have been designed to maintain two lanes of travel in both directions on Newport Boulevard most of the time. However, there will be times when traffic is restricted to one lane. Where possible that work has been scheduled for night time hours, with traffic returned to two lanes in each direction by 6:00 A.M. There will also be times when traffic detours are being set up and /or construction operations require lane closures. The project specifications require that those lane closures be held to a minimum. The plans and specifications have been prepared by Williamson and Schmidt Consulting Civil Engineers, and by Caltrans. Caltrans Bridge Department Engineers prepared the structural plans for the bridge widening, while Williamson and Schmidt prepared the street widening portion of the plans and combined the bridge and street plans into the final contract plans and specifications. The City entered into an agreement with Williamson and Schmidt on October 19, 1987, and amended the agreement on November 17, 1988, and October 9, 1989. Additional changes which have occurred in the scope of services and are included in this modification are: 1. Prepare plans and specifications necessary to relocate a portion of the 20" water line and construct a new vault at the intersection of Newport Boulevard and 32nd Street. 2. Modify existing plan, and prepare new plan and specifications to delete City Hall parking lot and construct angle parking on 32nd Street. 3. Prepare plans and specifications to modify and replace a portion of the water line and sewer line in 32nd Street. 4. Provide construction staking and surveying for modifications to Via Lido Shopping Center. 5. Prepare landscaping and irrigation plans for modifications to area adjacent to west side of Newport Boulevard between Short Street and the Newport Channel bridge. l I • Subject: Newport Boulevard Widening 32nd Street to Coast Highway Plans, Specifications and Amended Engineering Services Agreement - C -2642 and C -2642B July 9, 1990 Page 3 The change in the fee for the additional work is $45,700. This increases the maximum allowable fee to $253,800. Under the terms of the cooperative agreement with Caltrans, the City is responsible for this entire increase. follows: The estimated cost for the construction project is as STATE Construction 1,340,000 Construction Survey 30,000 Administration & Inspect. 169.000 Total 1,539,000 CITY 1,574,000 40,000 238.000 1,852,000 TOTAL 2,914,000 70,000 407.000 3,391,000 • The City's share includes Orange County AHFP Funds in the amount of $700,000. The current budget includes funds to cover the City's, County's and State's share of the estimated project construction cost. Contract administration and inspection will be performed by the City, with contract employees retained for this purpose. A Caltrans Bridge Inspector will be available and will report observations to the City's Resident Engineer during construction. Caltrans will reimburse the City for its proportional share of these costs. Prior to advertising for bids, right -of -way and permit clearances must be provided by Caltrans. The Coast Guard permit was received on June 19, 1990, and it is expected that final Caltrans' approval will be received in time to open bids in August and award a contract at the first Council meeting in September. If a contract is awarded in September, the project's scheduled completion date is October 1991. JBe�n aminB. Nolan Public works Director JW: :so This modifii this /-?� day of OF NEWPORT BEACH, a mi "CITY" and WILLIAMSON "CONSULTANT," is made 0 MODIFICATION OF AGREEMENT NUMBER C- 2642(B) ,ation of Agreement No. C- 2642(B) entered into 1990, by and between the CITY gicja4C corporation, hereinafter referred to as AND SCHMID, hereinafter referred to as with to the following: RECITALS A. On October 19, 1987, Agreement Number C- 2642(B), was entered into by and between CITY and CONSULTANT, hereinafter "AGREEMENT." B. On November 17, 1988, and October 11, 1989, the first and second modification to "AGREEMENT" was entered into by and between CITY and CONSULTANT, hereinafter first and second modification respectfully. C. CITY and CONSULTANT desire to modify the AGREEMENT on the terms and conditions set -forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Section 1B of the AGREEMENT is modified to read as follows: The term of this AGREEMENT, which commenced on October 19, 1987, is extended on the day the Modified Agreement is executed and shall terminate one year hence unless terminated earlier as set forth herein or extended by mutual consent of the parties. 2. Section VA of the AGREEMENT is modified to read as follows: CONSULTANT hereby agrees to perform all the services as outlined in Exhibit "A" attached to the AGREEMENT, Exhibit "D" attached to first modification, Exhibit "E" attached to second modification and to perform the additional services as outlined in Exhibit "F" attached hereto consisting of Amendments dated October 9, 1989, January 16, 1990, April 24, 1990, and June 20, 1990, (and by this reference made a part hereof). 3. The first paragraph of Section XX is modified to read as follows: The work required as set forth in Exhibit "A ", Exhibit "D", Exhibit "E" and Exhibit "F" shall continue and be completed in accordance with the revised schedule attached hereto as Exhibit "C -3" contingent upon actual review and approval time requirements. 1 (f7zGO 4 � 4. Section XXIII B of the AGREEMENT is modified to change the set fee from $26,035 to $33,980. 5. Section XXIII D is modified to change the total expenditures from $208,100 to $253,800. 6. Except as expressly modified herein, all other terms and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of AGREEMENT to be executed on the day and year just above written. ATTRRT CITY OF NEWPORT BEACH a Municipal Corporation RV AAJJ, _ I �. WY�J'✓ A AS TO FORM: rty�Kttorney E S7d-4p d 1 " i 0 C0 NSULTING Ci VI L ENGINEERS A N 0 LANG SURVEYORS -a.rs OfEngineering Excellence October 9, 1989 Mr. John Wolter City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Dear John: E XN4r3 /7- "` ,. SUBJECT: PROPOSAL FOR ENGINEERING SERVICES AND REQUEST FOR CONTRACT AMENDMENT, NEWPORT BOULEVARD WIDENING; OUR JOB NO. 87260 In accordance with recent discussions please accept this proposal and request for contract amendment for the subject project. The amendment is necessary to include in the contract additional work which you have requested. Specific tasks covered by this proposal and the estimated cost to accomplish the necessary work are as follows: Work Task Estimated Cost 1. Water Plans Prepare the necessary plans and contract specifications for the abandonment of existing valve vault and construction of new valve and vault in conformance with City of Newport Beach Utility Department requirements. 2. Traffic Control Plans Revise traffic control plans to provide for additional traffic control phase for construction of new valve vault. 3. Landscaping Plans Prepare irrigation and planting plans for area adjacent to new bike trail /ramps in southwest quadrant of Pacific Coast Highway and Newport Beach. 4. Meetings: Allowance for meetings with client and governmental agencies (6 hours) $ 8,000 6,000 1,500 500 Corporate Office • 17782 Sky Perk Blvd. • Irvine, California 92714 • 714/261 -2222 • FAX# 474 -9120 Inland Empire Office • 1101 S. Milliken Ave., Ste. O • Ontario, California 91761 • 714986-7860 • FAXN 988 -5299 San Diego County Office • Carlsbad, California 92008 • 619/438.4332 &7A&0 / W'L:, Mr. John Wolter Our Job No. 87260 October 4,'1989 Page 2 5. Project Administration: Work Task 0 Allowance for miscellaneous project administration and secretarial support. 6. Reimbursable= Allowance for blueprints and other reproduction expenses. Total estimated cost Estimated Cost $ 300 500 16,800 Based upon what you have told me about the project, it is my best estimate that our fees and costs will not exceed $16,800. As we have discussed, these services will be provided on a time and material basis pursuant to our standard hourly rate schedule in effect at the time the work is performed (current copy enclosed, possible revisions effective August 1), and subject to our Standard Terms and Conditions which are on the reverse side of this letter. We have commenced work based on your verbal authorization to proceed which you gave me on September 28, 1989. If my understanding of our agreement is in any way incorrect or unacceptable, then please call me before our work proceeds to any substantial extent. Otherwise, you need take no further action in order to assure that we will proceed as you have requested. Upon your approval of this proposal, please provide us with a purchase order or contract authorization as necessary. Thank you for giving us the opportunity to be of service to you. megCA5/0185 Enclosure: Rate Sheet cc: Financial Sincerely, Jesus A. Michel Corporate Office & %d(o0 Z COrrtU LT I N G CIVIL E N G I N E F RS AND LAND S RV EY0F1S January 16, 1990 Mr. John Wolter City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Dear John: SUBJECT: REVISED PROPOSAL FOR ENGINEERING SERVICES REQUEST FOR CONTRACT AMENDMENT, NEWPORT BOULEVARD WIDENING; OUR JOB NO. 87260 In accordance with your request please accept this proposal and request for contract amendment for the subject project. The amendment is necessary to include in the contract additional work which will be required as a result of the elimination of the parking lot in front of City Hall and the replacement of the spaces lost with on- street parking. Specific tasks covered by this proposal and the estimated cost to accomplish the necessary work are as follows: Work Task Estimated Cost 1. Street Improvement Plans: a) Prepare new parking exhibit(s) for Coastal Zone Permit $ 400 b) Accomplish necessary field survey to obtain topographic information for parking bay construction on 32nd Street adjacent to City Hall, and street dimensions verifications on 32nd Street and Villa Way. $ 1,800 c) Revise street improvement plans for Newport Boulevard and grading plan to reflect elimination of parking lot including changes to drainage design, quantity and cost estimates. 1 $ 800 1 0 L Corporate Office 17782 Sky Park Blvd. • Irvine, Callfomle 92714 • 714=1 -2122 9 FAX# 474-9120 Inland Empire Office • 1101 S. Milliken Ave., Ste. G • Ontaft California 91791 • 7141988-7980 • FAX# 9WS299 San Diego County Office • Carlsbad, California 92009 • 819/4384332 8 %d(vD 3 Mr. John Wolter Our Job No,87260 January 16, 1990 Page 2 Estimated Cost d) Prepare improvement plans for the construction of parking bay on 32nd Street adjacent to City Hall to create 19 angle parking spaces and driveway closure and intersection modifications on opposite side to create a total of 32 angle parking spaces. $ 5,000 e) Revise contact specifications to reflect changes in scope of construction including changes to bid form, contract schedule and special provisions. 300 Subtotal $ 8,300 2. Traffic Striping Plans: a) Prepare signing and striping plans for 32nd Street between Newport Boulevard and Villa Way. Modify existing plans previously prepared. The striping plan would include signing and striping for the parking bays to be constructed on 32nd Street east of Newport Boulevard. The striping plan would also reflect the removal of the entrance to the existing parking bays in front of City Hall and the addition of a right turn pocket for westbound traffic on 32nd Street. Two plan sheets are estimated. $ 2,500 b) Prepare signing and striping plans for Villa Way from 32nd Street to 500 feet south of 32nd Street. One plan sheet is estimated. 500 Subtotal $ 3,000 3 Traffic Control Plans; a) Prepare traffic control plans to accomplish construction of the parking bays mentioned in Task 2a. This includes modification of the existing traffic control plans for 32nd Street. One additional plan sheet is estimated. $ 3, 000 ff7a &o a Mr. John Wolter Our Job No, -87260 January 16, 1990 Page 3 Work Task Estimated Cost b) Modify the existing traffic control, traffic signal, signing and striping, sign quantity plan sheets, and cost estimates for Newport Boulevard to reflect the intended revisions including sheet numbers. 3,500 Subtotal $ 61500 4. Landscaping Plans: a) Revise landscaping plans to reflect deletion of City Hall parking lot. $ 200 b) Prepare landscaping plans for area in front of City Hall to consist of turf with irrigation. 1,500 Subtotal $ 1,700 5. Meetings: Allowance for meetings with client and other governmental agencies $ 200 6. Project Administration: Allowance for miscellaneous project administration and secretarial support. 300 Total estimated cost $ 20,000 Based upon what you have told me about the project, it is my best estimate that our fees and costs will not exceed $20,000. As we have discussed, these services will be provided on a time and material basis pursuant to our standard hourly rate schedule in effect at the time the work is performed (current copy enclosed, possible revisions effective August 1), and subject to our Standard Terms and Conditions which are on the reverse side of this letter. Please note that this proposal does not include the cost of design for street lighting since only minor relocations are proposed. Also not included is the cost of reimbursables which will be billed separately. S7a.6o s Mr. John Wolter Our Job No, V260 January 16, 1990 Page 4 We have commenced work based on your verbal authorization to proceed which you gave me on December 7, 1989. If my understanding of our agreement is in any way incorrect or unacceptable, then please call me before our work proceeds to any substantial extent. Otherwise, you need take no further action in order to assure that we will proceed as you have requested. Upon your approval of this proposal, please provide us with a purchase order or contract authorization as necessary. Thank you for giving us the opportunity to be of service to you. Sincerely, Jesus A. Michel Corporate Office megCAS /390 Enclosure: Rate Sheet cc: Financial 87a 6o 4 SWILLIAISON & SCHMID CONSULr ING C1 L ENGINEERS AND LAND SJNJE YORS April 24, 1990 !dr. John Wolter City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Dear John: SUBJECT: PROPOSAL FOR ENGINEERING SERVICES AND REQUEST FOR CONTRACT AMENDMENT, NEWPORT BOULEVARD WIDENING; OUR JOB NO. 87260 Please accept this proposal and request for contract amendment for the subject project. The amendment is necessary to provide funds in the budget to cover extra work which has been requested by you. Specific tasks covered by this proposal and the estimated cost to accomplish the necessary work are as follows: Work Task Estimated Cost 1. Construction Staking: Provide construction staking and survey cut sheets for construction in front of Via Lido Shopping Center. $ 1,300 Based upon what you have told me about the project, it is my best estimate that our fees and costs will not exceed $1,300. As we have discussed, these services will be provided on a time and material basis pursuant to our standard hourly rate schedule in effect at the time the work is performed (current copy enclosed, possible revisions effective August 1), and subject to our Standard Terms and Conditions which are on the reverse side of this letter. We have completed the work based on your verbal authorization to proceed. Upon your approval of this proposal, please provide us with a purchase order or contract authorization as necessary. Thank you for giving us the opportunity to be of service to you. Sincerely, 4 e9oJS �. �M Jesus A. Michel Corporate Office dcPll -545 Enclosure: Rate Sheet cc: Financial P. Holm, W&S Corporate Office • 17782 Sky Party Blvd. • Irvine, Calftimia 92714 • 714/261 -2222 • FAX 474 -9120 Inland Empire Office • 1101 S. Milliken Ave., Ste. G • Ontario, California 91761 • 714/988-7880 • FAX 96 8-5299 San Diego County Office • Carlsbad, California 92006 • 619/438.4332 Coachella Valley Office • 77-622 Country Club Dr., Ste. P • Palm Desert, California 92260 • 619/3663744 • FAX 619/3643745 % 97ato 0 til APR 2 3 1990 r r • S WILLIPISON & SCHMID CONSULTING CIVIL ENGINEERS AND LAND SU.VEYORS June 20, 1990 Mr. John Wolter City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 Dear John: SUBJECT: PROPOSAL FOR ENGINEERING SERVICES AND REQUEST FOR CONTRACT AMENDMENT, NEWPORT BOULEVARD WIDENING; OUR JOB NO. 87260 Please accept this proposal and request for contract amendment for the subject project. The amendment is needed to provide funds in the contract to cover extra work which you have requested. In general, the changes of the scope of work consist in additional design and plan preparation for water facilities and supplemental work in connection with the irrigation system for the project landscaping at City Hall. Specific tasks covered by this proposal and the estimated costs to accomplish the necessary work are the following: Work Task Estimated Cost 1. Water and Sewer Imyrovements a. Prepare improvement plans for the modification of the water connection to City Hall and appurtenant fire hydrant and water services per preliminary design provided by the City (32nd Street). $2,500.00 b. Prepare improvement plans for the construction of new fire hydrant lateral and appurtenant water meter per preliminary design provided by the City (Finley Avenue). 500.00 Corporate Office a 17762 Sky Park Blvd. a Irvine, CalHornia 92714 • 714/261 -2222 a FAX 474 -9120 Inland Empire Office a 1101 S. Milliken Ave., Ste. G a Ontario, California 91761 a 714/968.7880 a FAX 988 -5299 San Diego County Office • Carlsbad, California 92008 • 6191438 -4332 Coachella Valley Office a 77622 Country Club Dr., Ste. P • Palm Desert, California 92260 a 619/360.3744 111 FAX ,¢79 1360 -3745 8 to n Mr. John Wolter PROPOSAL Our Job No. 87260 June 20, 1990 Page 2 WIw SON & SCHM SCONSULTING CIVIL ENGINEERS ANO LANG SURVEYORS C Prepare improvement plans for the reconstruction of sewer main on 32nd Street and lateral for City Hall per conceptual design provided by the City. d. Design other minor modifications to water system. 2. Landscaping Plans a. Prepare landscaping and irrigation plans for modifications to landscape adjacent to sidewalk widening on Newport Blvd. between Central Avenue and Channel Bridge. b. Revise landscaping plans to reflect changes to planter areas in parking areas on 32nd Street and irrigation system connections. 3. Street Improvement Plans Revise street improvement plans to reflect modifications to parking bay on 32nd Street. 4. Meetings Allowance for meetings with client. 5. Project Administration Allowance for miscellaneous project administration and secretarial support. $1,400.00 400.00 700.00 500.00 1,900.00 200.00 200.00 '7 (t0 9 Mr. John Wolter PROPOSAL Our Job No. 87260 June 20, 1990 Page 3 • W a N S ULI� ENGINEERS O &oSCHMID SURVEYORS 6. Reimbursables Allowance for blueprints, Xerox and miscellaneous reimbursables. $ 300.00 Total estimated cost $8,600.00 Based upon what you have told me about the project, it is my best estimate that our fees and costs will not exceed $8,600.00. As we have discussed, these services will be provided on a time and material basis pursuant to our standard hourly rate schedule in effect at the time the work is performed (current copy enclosed, possible revisions effective August 1), and subject to our Standard Terms and Conditions which are on the reverse side of this letter. We have commenced work based on your verbal authorization to proceed which you gave us on June 5, 1990. If my understanding of our agreement is in any way incorrect or unacceptable, then please call me before our work proceeds to any substantial extent. Otherwise, you need take no further action in order to assure that we will proceed as you have requested. Upon your approval of this proposal, please provide us with a purchase order or contract authorization as necessary. Thank you for giving us the opportunity to be of service to you. Sincerely, Jesus A. Michel Corporate Office dcprop Enclosure: Rate Sheet cc: Financial P. Holm , -&o io TERMS & CONDITIONS OF AGREEMENT WILLIAMSON & SCHMID declares that the services provided by it and on its behalf pursuant to this Agreement will be performed in accordance with generally and currently accepted engineering principles and practices. This declaration is in lieu of all other warranties, either express or implied. Said services shall consist solely of standard civil engineering and /or surveying services; and WILLIAMSON & SCHMID shall have no responsibility or liability for soils and /or subsurface conditions, or discovery of unanticipated hazardous materials, or for construction procedures and safety precautions, or for contractor performance. WILLIAMSON & SCHMID shall provide client with monthly invoices accurately reflecting current expenditures of professional time and reimbursable expenses. Each invoice shall be due upon receipt and delinquent thirty (30) days after its date. In the event of delinquency, interest shall accrue from the invoice date at the current prime rate plus four percent (4 %) or the highest rate allowed by California law, whichever is lower; and further, WILLIAMSON & SCHMID shall have the unqualified right to cease work on the project until said delinquency is cured. 3. Because of the importance of a good working relationship between WILLIAMSON & SCHMID and client, either party may terminate this Agreement by giving written notice to the other, provided only that such notice is given in the good faith belief that the working relationship is less than satisfactory. In the event of termination, client shall compensate WILLIAMSON & SCHMID for only the reasonable value of whatever professional time and reimbursable expenses WILLIAMSON & SCHMID has devoted to the project up to the time of the termination or must necessarily devote to the project thereafter due to governmental requirements or otherwise. 4. Client shall limit WILLIAMSON & SCHMID's actual or alleged civil liability to client and to whatever other parties are involved with the project such that WILLIAMSON & SCHMID's total aggregate liability concerning or arising out of the project shall not exceed Fifty Thousand Dollars or the amount of WILLIAMSON & SCHMID's fee for the project, whichever is greater. 5. The plans, specifications, and other instruments of service prepared by or on behalf of WILLIAMSON & SCHMID shall be and remain the property of WILLIAMSON & SCHMID. 6. In the event that disputes and /or litigation develops between client and WILLIAMSON & SCHMID concerning or arising out of this Agreement, then the prevailing party shall be entitled to recover from the other reasonable attorney's fees and litigation costs. 7. Regarding ALTA surveys, WILLIAMSON & SCHMID shall sign the following statement on the survey documents: "I hereby state to that this survey was made for the purpose of an application for title insurance; at the request of (name of client) under my supervision on (date) and that said survey correctly shows the relation of buildings and other structures to the property lines of the land indicated hereon; and that there are no encroachments of adjoining buildings or structures onto said land, except as shown. (Signed by L.S.Y In the event that WILLIAMSON & SCHMID is required to sign a statement which differs from the above, then client shall indemnify and hold WILLIAMSON & SCHMID harmless from any and all liability arising or resulting from the signing of such a statement. 8. Client acknowledges and agrees that if WILLIAMSON & SCHMID provides surveying services which require the filing of a Record of Survey in accordance with Business and Professions Code Section 8762, then client shall pay all of the costs of preparation, examination and filing of said Record of Survey. 02/21/90 ' ! -' WILLI*SON & SCHMID V` SCti NSULtI I C IL ENGINEERS AND LAND SURVEYORS STANDARD HOURLY RATES EFFECTIVE AUGUST 7,1989 AUTHORIZED OVERTIME PRINCIPAL ENGINEER $120 $120 PROJECT MANAGER 104 104 PROJECT ENGINEER /PLANNER 86 86 ENGINEER /TECH 5 70 $0 ENGINEER /TECH 4 58 67 ENGINEER /TECH 3 46 54 TECH 2 /WORD PROCESSING 35 42 TECH 1 /TRAINEE 24 30 3 -MAN SURVEY CREW 176 214 2 -MAN SURVEY CREW 138 166 COMPUTER PROCESSING TIME $25 /HOUR PLOTTER TIME $10 /MINUTE EXPERT FI"NESS $150 /HOUR COURT APPEARANCES/ DEPOSITIONS $250 /HOUR IN -HOUSE BLUEPRINTS AND XEROX AT COST OUTSIDE SERVICES AND BLUEPRINTING AT COST PLUS 10 PERCENT Corporate Office • 17762 Sky Perk Blvd. • Irvine, California 92714 • 7141261 -2222 • FAX 474.0120 Inland Empire Office a 1101 S. Milliken Ave., Ste. G • Ontario, California 91761 • 7141988.7880 • FAX 988.5299 San Diego County Office • Carlsbad, California 92008 • 619/4384332 Coachella V• Office • 77.622 Country Club Dr., Ste. P • Palm Desert, California 92260 • 619/360.3744 • FAX 6191360.3745 (f 2�6,0 EXHIBIT "C -3" MODIFICATION OF AGREEMENT NUMBER C -2642 (B) THE CITY OF NEWPORT BEACH NEWPORT BOULEVARD WIDENING FROM PACIFIC COAST HIGHWAY TO 32ND STREET Proposed Work Schedule Milestones Date 1. Complete additional work covered July 7,1990 by modifications to agreement. 87260 /dcreport 7/5/90 --7 • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR le -12 - d r FROM: CITY CLERK DATE: October 12, 1989 SUBJECT: Contract No. C- 2642(B) Description of Contract Amending Engineering Services Agreement for Newport Boulevard Widening, 32nd Street to Coast Highway Effective date of Contract October 11, 1989 Authorized by Minute Action, approved on October 9, 1989 Contract with Williamson and Schmid Consulting Civil Engineers Address 17782 Sky Park Blvd. Irvine, CA 92714 Amount of Contract (See Agreement) 4 " s le?,�re Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach d� • n TO: CITY COUNCIL FROM: Public Works Department atober 9, 1989 CITY COUNCIL AGENDA CY `P ',ITY coug LEM NO. F -3(a) CITY 1)9 'i1NPO1T BEAM OCT 9 1989 . APPIt4l R. - - SUBJECT: NEWPORT BOULEVARD WIDENING, 32NJ STREET TO COAST HIGHWAY AMENDED ENGINEERING SERVICES AGREEMENT (C- 26428) RECOMMENDATIONS: Authorize the Mayor and City Clerk to execute this Amended Engineering Service Agreement with Williamson and Schmidt Consulting Civil Engineers. DISCUSSION: The City entered into an agreement with Williamson and Schmidt to prepare plans and specifications for the subject project on October 19, 1987, and an amendment to the agreement on November 17, 1988. Additional changes which have occurred in the Scope of Services and are included in this modified agreement are as follows: 1. Prepare plans and specifications to construct new bike ramp and widen sidewalk on west side of Newport Boulevard. 2. Prepare exhibits for Coast Guard and Corps of Engineer Permits and attend Permit Coordination meeting with Caltrans. 3. Additional services necessary to prepare plans and specifications for final design of ramp from northbound Newport Boulevard to eastbound Coast Highway not provided in last amendment. 4. Additional services requested by Caltrans in conjunction with bridge design: a. Modification of Bike trail to provide vertical and horizontal clearance from construction scaffolding. b. Design of channel slope protection under bridge, navigational lighting and additional traffic control in conjunction with removal of joints in existing bridge deck. c. Design of subdrain system in bridge approach ramp. • The change in fee for the additional work is $47,700.00. This increases the maximum allowable fee to $208,100.00. The City's portion of the increased fee is $23,850.00. Under terms of a cooperative agreement Caltrans will reimburse the City for the remaining $23,850.00 of the increased fee. • • 0 Subject: Newport Board Widening, 32nd Street to CA* Highway Amended Engineering Services Agreement (C- 26428) October 9, 1989 Page 2 Caltrans has prepared the bridge plans and has started condem nation proceedings on the Mobil gas station property at the corner of Via Lido and Newport Boulevard. The Coast Guard has published a Project Notice and it is hoped that a permit will be issued by December 1989. The project is on the October agenda for consideration by the State Coastal Commission. During preparation of the final bridge plans, Caltrans determined that project construction will require 12 to 13 months. The current schedule is to advertise for bids in February 1990 pending right -of -way clearance and permit approval. Construction would begin in the spring with completion by July 1991. Funds are in the current budget for both the City's and Caltrans' portion of the increased fee. Benjamin B. Nolan Public Works Director JW:so � t • u MODIFICATION OF AGREEMENT NUMBER C -2642 (B) This modification of Agreement No. C -2642 (B) entered into this NtiJ day of © , 1989, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY" and WILLIAMSON AND SCHMID, hereinafter referred to as "CONSULTANT," is made with to the following: RECITALS A. On October 19, 1987, Agreement Number C -2642 (B), was entered into by and between CITY and CONSULTANT, hereinafter "AGREEMENT." B. On November 17, 1988, the first modification to "AGREEMENT" was entered into by and between CITY and CONSULTANT, hereinafter, first modification. C. CITY and CONSULTANT desire to modify the AGREEMENT on the terms and conditions set -forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Section IB of the AGREEMENT is modified to read as follows: The term of this AGREEMENT, which commenced on October 19, 1988, is extended on the day the Modified Agreement is executed and shall terminate one year hence unless terminated earlier as set - forth herein or extended by mutual consent of the parties. 1of2 0 0 2. Section VA of the AGREEMENT is modified to read as follows: CONSULTANT hereby agrees to perform all the services as outlined in Exhibit "A" attached to the AGREEMENT and Exhibit "D" attached to first modification and to perform the additional services as outlined in Exhibit "E" attached hereto consisting of Amendment No. 3 dated April 28, 1989 (and by this reference made a part hereof). 3. The first paragraph of Section XX is modified to read as follows: The work required as set forth in Exhibit "A ", Exhibit "D" and Exhibit "E" shall continue and be completed in accordance with the revised schedule attached hereto as Exhibit "C -2" contingent upon actual review and approval time requirements. 4. Section XXIII B of the AGREEMENT is modified to change the set fee from $15,863 to $26,035. 5. Section XXIII D is modified to change the total expenditures from $160,400 to $208,100. 6. Except as expressly modified herein, all other terms and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of AGREEMENT to be executed on the day and year just above written. CITY OF NEWPORT BEACH a Municipal Corporation I WILLIAMSON AND SCHMID APPRb ED AS TO FORM: 13,1 & -- // President 2 of 2 • • 11\40 C O N S U L T I N G C I V I L E N G I N E E R S A N D L A N D S U R V E Y O R S 1962-1987 Twenty -Five Years of Engineering Excellence April 13, 1989 REVISED April 28, 1989 Mr. John Wolter City of Newport Beach Public Works Department EXHIBIT "E" 3300 Newport Boulevard Newport Beach, CA 92663 Dear John: SUBJECT: REQUEST FOR CONTRACT AMENDMENT, NEWPORT BOULEVARD WIDENING, THIRTY- SECOND STREET TO PACIFIC COAST HIGHWAY; OUR JOB NO. 87260 As you requested, I have combined into a single proposal our requests for contract amendments dated January 16, 1989 and March 23, 1989 and revised it to include added services required for the project. The new proposal covers the following: A) Additional work to provide an interim bike lane connection in the southwest quadrant of the Pacific Coast Highway /Newport Boulevard interchange, in addition to the widening of the sidewalk from the channel bridge to Short Street. B) Preparation of exhibits for Coast Guard and Corps of Engineers permit application and additional meetings with Caltrans to coordinate the submittal of permits. C) Request for contract increase to cover a project overrun for work in connection with the design of new ramp construction. Please note that the budget for the original scope of work has not been exceeded. However, the design for the new ramps turned out to be more complicated than anticipated and required more time than originally estimated for work performed by Williamson and Schmid and our subconsultants. To date our original estimate has been exceeded by approximately $16,000 and we believe an increase in the contract is justified. D) Additional work required to design the bike trail reconstruction underneath the proposed bridge to provide the required vertical and horizontal clearances during construction and after the bridge is completed. E) Design of channel slope protection, navigation lights relocation, and additional traffic control design for replacement of existing bridge joints. F) Design of subdrain system in the ramps as requested by Caltrans. Corporate Office - 17782 Sky bark Blvd. - Irvine, California 92714 - 714/261 -2222 - FAXN 474.9120 Inland Empire Office - 1101 S. Milliken Ave., Ste. G - Ontario, Califomia 91761 - 714/988.7880 - FAX# 988 -5299 San Diego County Office - Carlsbad, California 92008 9 6191438.4332 Fig CONTRACT AMENDMENT Mr. John Wolter Our Job No. 87260 April 28, 1989 EXHIBIT "E" Page 2 Accordingly we respectfully request increases in the budget for the following tasks: ITEM A Work Task Estimated Cost 1. Street Improvement Plans (Task Q Perform necessary work to design bike lane ramps and sidewalk widening including: a) horizontal control calculations b) timber or cribbing retaining wall c) quantity and cost estimate update d) reduction of field topo notes and preparation of base topo map and supplemental survey e) earthwork quantities f) street light relocations 2. Traffic signing, striping and detour plans (Task H) a) Perform additional work necessary for bikelane signing and striping and detour plan (minimum design) b) Preparation of traffic control plans for replacement of bridge deck joints 3. Landscaping (Task K) Prepare additional landscaping and irrigation plans for area adjacent to bike lane ramps 4. Corottiction Specifications (Task M) Update contract specifications as necessary to reflect additional construction 5. Coordination with Caltrans (Task O) Additional coordination with Caltrans 6. Record Drawings Additional costs to prepare record drawings. $ 15,000 2,000 4,000 3,000 Gil 300 200 V S W CONTRACT AMENDMENT Mr. John Wolter Our Job No. 87260 April 28, 1989 Page 3 0 EXHIBIT "E" Work Task Estimated Cost 7. Coordinating Meetings $ 500 Additional meetings required for expanded scope of work (allowance) 8. Reproductions 500 Allowance for additional bleuprints, xerox and other reimbursables Subtotal Item A $ 26,000 ITEM B Work Task Estimated Cost 1. Project Administration: a) Prepare exhibits for Coast Guard and Corps of Engineers permit applications to include: - vicinity map - section and plan - bike lane routing exhibit $ 1,500 b) Assist City of Newport Beach in completing permit applications 300 c) Provide other information as required, perform other coordinating functions 200 2. Meetings: 500 Allowance for meetings with client and governmental agencies (6 hours) 3. Reproductions: 500 Allowance for photo work, blueprints and other reproduction expenses Subtotal Item 8 $ 3,000 S • CONTRACT AMENDMENT Mr. John Wolter Our Job No. 87260 April 28, 1989 Page 4 ITEM C LJ EXHIBIT "E" Work Task Estimated Cost 1. Street Improvement Plans (Task L) Improvement Plans cost overrun including street, traffic and landscaping design ITEMS D, E dt F Subtotal Item C Work 1. Street Improvement Plans (Task L) Bike trail reconstruction design 16,000 $ 16,000 Estimated Cost $ 700 - Design of channel slope protection, additional traffic design and navigation light relocation 1,500 - Design of subdrain system for ramps 500 Subtotal Items D, E dt F $ 2,700 TOTAL REQUESTED CONTRACT AMENDMENT $ 470700 It is my best estimate that our fees and costs will not exceed $47,700. Our services will be provided on a time and material basis pursuant to our standard hourly rate schedule in effect at the time the work is performed (current copy enclosed; possible revisions effective August 1), and subject to our Standard Terms and Conditions which are on the reverse side of this letter. This proposal and the above costs are based on the following assumptions: a) . Plans will be combined with Newport Boulevard widening plans b) City of Newport Beach will provide topographic maps c) City will provide soils report and /or any geotechnical recommendations required for our design CONTRACT AMENDMENT Mr. John Wolter Our Job No. 87260 April 28, 1989 Page 5 EXHIBIT "E" By signing the enclosed copy of this letter and returning it to our office you may acknowledge your acceptance of this proposal and request for contract amendment, which constitutes a contract for professional services. If you have any questions regarding this proposal please contact me. Sincerely, Jesn.7s' u\ Vi ` Jesus A. Michel Corporate Office meg Enclosure: Rate Sheet cc: Financial AGREED AND ACCEPTED: CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT BY DATE 4' • 0 VVILL.1 $120 $120 ICY SCHIMID C O N S U L T I N G C I V I L E N G I N E E R S A N D L A N D S U R V E Y O R S 1962-1987 Twenty-Five Years of Engineering Excellence STANDARD HOURLY RATES EFFECTIVE AUGUST 8, 1988 EXHIBIT "E" AUTHORIZED OVERTIME PRINCIPAL ENGINEER $120 $120 PROJECT MANAGER 100 100 PROJECT ENGINEER /PLANNER 82 82 ENGINEER /TECH 5 66 76 ENGINEER /TECH 4 55 64 ENGINEER /TECH 3 44 52 TECH 2 /WORD PROCESSING 33 40 TECH 1 /TRAINEE 22 28 3 -MAN SURVEY CREW 166 202 2 -MAN SURVEY CREW 126 152 ADDrMNAL CHARGES COMPUTER PROCESSING TIME $25 /HOUR PLOTTER TIME $10 /MINUTE EXPERT WITNESS $120 /HOUR COURT APPEARANCES /DEPOSITIONS $200 /HOUR IN -HOUSE BLUEPRINTS AND XEROX AT COST OUTSIDE SERVICES AND BLUEPRINTING AT COST PLUS 10 PERCENT Corporate Office • 17782 Sky Park Blvd. • Irvine, Calffomla 92714 • 714/261 -2222 - FAXN 474.9120 Inland Empire Office • 1101 S. Milliken Ave., Ste. G • Ontario, California 91761 • 714/988 -7880 - FAXB 988.5299 San Diego County Office - Carlsbad, California 92008 • 619/438 -4332 TO: FROM: DATE: i 4 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 FINANCE DIRECTOR CITY CLERK November 22, 1988 4), SUBJECT: Contract No. C- 2642(B) Description of Contract Amending Engineering Services Agreement for Newport Boulevard Widening, 32nd Street to Coast Highway. Effective date of Contract November 17, 1988 Authorized by Minute Action, approved on Contract with Williamson and Schmid Address 17782 Sky Park Blvd. Irvine, CA 92714 Amount of Contract (See Agreement). ,�"` ' e Wanda E. Raggio City Clerk WER:pm Attachment November 14, 1988 3300 Newport Boulevard, Newport Beach • 10 TO: CITY COUNCIL FROM: Public Works Department lavember 14, 1988 (-�s) CITY COUNCIL AGENDA ITEM NO. F -3(b) i;Y 1p..': ''!TY COUNi"AL CITY DI NEY�'POPT BEACI NOV 14 •:: A ITROVED SUBJECT: NEWPORT BOULEVARD WIDENING, 32ND STREET TO COAST HIGHWAY AMENDED ENGINEERING SERVICES AGREEMENT (C- 26428) RECOMMENDATION: Authorize the Mayor and City Clerk to execute this Amended Engineering Services Agreement with Williamson and Schmid Consulting Civil Engineers. DISCUSSION: The City entered into an agreement on October 12, 1987, with Willaimson and Schmid Consulting Civil Engineers for the preparation of plans, specifications and contract documents for the subject project. Changes which have occurred in the scope of services and are included in this modified agreement are as follows: A. Additional services necessary to update the preliminary engineering report which the City provided to William & Schmid Consulting Engineers. 1. Aerial photo and additional survey City Hall parking lot. 2. Aerial Photo and additional survey Newport Boulevard - 30th Street to Coast Highway. 3. Prepare revised strip map for AHFP submittal and permit applications. 4. Prepare alternate layouts and designs for the City Hall parking lot. B. Additional services necessary to complete final design of the ramp from northbound Newport Boulevard to eastbound Coast Highway. The original agreement only provided to join the existing ramp. 1. Prepare topographic and boundary survey. • 2. Prepare ramp and construction phasing plans. 3. Prepare lighting, signing, striping and detour plans. 4. Additional service necessary to plan and coordinate utility relocations. r � LJ • • Subject: Newport Amended November 14, 1988 Page 2 • 46 Boulevard Widening, 32nd Street to Coast Highway Engineering Services Agreement (C2642B) The change in fee for the additional work is $41,300. This increases the maximum allowable fee to $161,200.00. The City's portion of the increased fee would be $23,500. Under terms of a cooperative agreement, Caltrans will reimburse the City for the remaining $17,750 of the increased fee. Caltrans is preparing the final bridge plans and negotiating for acquisition of the necessary right -of -way. The City is preparing the street plans and will administer construction of the project. The current schedule is to advertise for bids in July 1989, begin construction in September 1989, and complete work by July 1990. Funds are in the current budget for both the City's and Caltran's portion of the increased fee. Benjamin B. Nolan Public Works Director JW:so MODIFICATION OF AGREEMENT NUMBER C -2642 (B) This modification of Agreement No. C -2642 (B) entered into this /%z7 day of � e >w� Z, 1988, by and between the CITY OF NEWPORT BEACH, a municipa cog rporation, hereinafter referred to as "CITY" and WILLIAMSON AND SCHMID, hereinafter referred to as "CONSULTANT," is made with to the following: DFrTTAI C A. On October 19, 1987, Agreement Number C -2642 (B), was centered into by and between CITY and CONSULTANT, hereinafter "AGREEMENT." B. CITY and CONSULTANT desire to modify the AGREEMENT on the terms and conditions set -forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Section IB of the AGREEMENT is modified to read as follows: The term of this AGREEMENT, which commenced on October 19, 1988, is extended on the day the Modified Agreement is executed and shall terminate one year hence unless terminated earlier as set -forth herein or extended by mutual consent of the parties. 2. Section VA of the AGREEMENT is modified to read as follows: CONSULTANT hereby agrees to perform all the services as outlined in Exhibit "A" attached to the AGREEMENT and to perform the additional services as outlined in Exhibit "D" attached hereto consisting of Amendment No. 1 dated July 13, 1988, and Amendment No. 2, dated July 14, 1988; and by this reference made a part hereof. 3. The first paragraph of Section XX is modified to read as follows: The work required as set forth in Exhibit "A" and Exhibit "D" shall continue and be completed in accordance with the revised schedule attached hereto as Exhibit "C -1" contingent upon actual review and approval time requirements. 1 of 2 0 0 4. Section XXIII B of the AGREEMENT is modified to change the set fee from $10,750 to $15,863. 5. Section XXIII D is modified to change the total expenditures from $119,900 to $160,400. 6. Except as expressly modified herein, all other terms and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of AGREEMENT to be executed on the day and year just above written. CITY OF NEWPORT BEACH, I � 37 F OF01111111 2 of 2 C O N S U L T I N G C I V I L E N G I N E E R S A N D L A N D S U R V E Y O R S 1962-1987 Twenty -Five fears of Engineering Excellence July 13, 1988 Mr. John Wolter City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 -3884 Dear John: rz-a,,�,A, # i SUBJECT: REQUEST FOR CONTRACT AMENDMENT, NEWPORT BOULEVARD WIDENING, THIRTY - SECOND STREET TO PACIFIC COAST HIGHWAY; OUR JOB NO. 87260 As you requested I have combined into a single proposal the three requests for contract amendment for extra work which is 100% the responsibility of the City of Newport Beach. Accordingly the combined proposal is as follows: Work Task A) Request Dated November 17, 1987 1. Topographic /Boundary Survey: Obtain 1 " -40' scale uncontrolled photo for City Hall property including setting of "targets" in the field. B) Request Dated December 14, 1987 2. Topographic /Boundary Survey: Obtain uncontrolled photos for Newport Boulevard extending from Pacific Coast Highway bridge to 30th Street. 3. Street Plans: Prepare /revise strip maps to be used for AHFP and other permit submittals to include: a) Strip topo maps 1 " =80' b) Strip aerial (new) 1" =80' c) Strip highway geometries Phase I (revise) d) Strip highway geometries Phase II (revise) e) Lido Channel bridge plan & section (revise) f) New exhibits for bridge widening, including plan and longitudinal section for Coast Guard and Corps of Engineers permits. Estimated Cost $ 800 600 Corporate Office • 17782 Sky Park Blvd. • Irvine, California 92714 • 714/261 -2222 • FAX# 474 -9120 Inland Empire Office • 1630 E. Francis St., Ste. B • Ontario, California 91761 • 7141947.0447 • FAX# 947 -6504 San Diego County Office • 5235 Avenida Encinas, Ste. D • Carlsbad, California 92008 • 619/438.4332 'rXy /A✓ /T / "o vi Yr Mr. John Wolter Our Job No. 87260 July 13, 1987 Page 2 Work Task Estimated Cost C) Request Dated February 29, 1988 4. Grading Study: Develop alternate preliminary parking lot modification plans to protect existing trees and minimize loss of parking spaces. $ 800 D) Request Dated April 13, 1988 (Portion) 5. Grading Studies: Perform design studies to develop alternatives for City Hall parking lot modifications. 1,500 E) All Requests 6. Reimbursables: photo work, blueprints and other reproduction expenses. 600 Total estimated cost $ 5,100 Based upon what you have told me about the project, it is my best estimate that our fees and costs will not exceed $5,100. As we have discussed, these services will be provided on a time and material basis pursuant to our standard hourly rate schedule in effect at the time the work is performed (current copy enclosed, possible revisions effective August 1), and subject to our standard Terms and Conditions which are on the reverse side of this letter. If my understanding of our agreement is in any way incorrect or unacceptable, then please call me before our work proceeds to any substantial extent. Otherwise, you need take no further action in order to assure that we will proceed as you have requested. Thank you for giving us the opportunity to be of service to you. Sincerely, )mss �." Jesus A. Michel Corporate Office meg Enclosure: Rate Sheet cc: Financial C41 V...I LY -00 ikl'Y.J WALL 11'111 .Jl.. l'Y'I�L � ! •L .J COMPENSATION SUMMARY CONTRACT AMENDMENT NEWPORT BOULEVARD WIDENING JULY 139 1988 Direct Cost (Labor) Indirect Cost (Overhead) @ 148% Subtotal Direct Costs (Printing & Reproduction) Fee (Profit) @ 15% Total JAM /meg M2 J.N. 87260 10/20/88 $ 1,378.00 2,335.00 $ 3,913.00 $ 600.00 587.00 5 100.00 4 0 0 C O N S U L T I N G C I V I L E N G I N E E R S A N D L A N D S U R V E Y O R S 1962-1987 Twenty -Five Years of Engineering Excellence July 14, 1988 z Mr. John Wolter City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 Dear John SUBJECT: REQUEST FOR CONTRACT AMENDMENT NEWPORT BOULEVARD WIDENING, THIRTY - SECOND STREET TO PACIFIC COAST HIGHWAY; OUR JOB NO. 87260 As you requested I have combined, and brought up to date, the three contract amendment proposals (dated December 21, 1987, April 13, 1988 and June 14, 1988) for scope of work changes for the subject project. The amendment is needed as a result of a significant change in the scope of work which now includes complete ramp construction instead of minor ramp widening included in the original contract. Please refer to the enclosed letter from our subconsultant Herman Kimmel and Associates which includes a listing of extra work for the various tasks which they will accomplish and a request to increase their budget. Williamson and Schmid will also have to perform additional work including design for four phases of ramp construction, requiring sepa-ate sheets of improvement plans, supplemental survey and extra coordination effo -ts with utilities and other consultants. Accordingly we respectfully request the following increases for the budgets in the various tasks. Corporate Office • 17782 Sky Park Blvd. • Irvine, California 92714 & 7141261 -2222 • FAX# 474 -9120 Inland Empire Office • 1630 E. Francis St., Ste. B • Ontario, California 91761 • 714/947 -0447 • FAXN 947 -6504 San Diego County Office • 5235 Avenida Encinas, Ste. D • Carlsbad, California 92008 • 6191438 -4332 UTTA Mr. John Wolter Our Job No. 87260 July 14, 1988 Page 2 Work Task Estimated Cost A) Request dated December 21, 1987 1. Topographic /Boundary survey: (Task C) a) Perform additional field survey to provide topographic data for Newport Boulevard /Pacific Coast Highway Ramp. $ 2,900 b) Perform field survey to establish bottom elevations of Lido Channel for Area 50 on each side of bridge. 1,400 c) Redraft topo maps to improve quality of available topo. 1,200 Subtotal $ 5,500 B) Request dated April 13, 1988 2. Street Improvement Plans: (Task L) Develop phasing plan for ramp construction including development of preliminary geometrics $ 1,500 3. Topographic Survey: (Task C) Perform additional topographic survey to establish actual street dimensions southerly of 32nd Street 700 4. Meetings: Additional meetings with client, Caltrans and utility companies. 500 Mr. John Wolter Our Job No. 87260 July 14, 1988 Page 3 Work Task 0 Estimated Cost W&S Herman Kimmel C) Request dated June 14, 1988 5. Traffic signal do street lighting (Task G) $ 0 $ 6,000 6. Signing, striping and detour plans (Task H) 0 9,600 7. Street Improvement Plans for ramp construction including phasing (Task 1.) 9,000 0 8. As -Built plans (Task R) 1,000 900 Subtotal $ 10,000 $ 16,500 D) Reimbursables (All requests) 9. Reimbursables: (Task S) Additional blueprints, xerox and other reproduction expenses 1,500 Subtotal $ 36,200 It is my best estimate that our fees and costs will not exceed $36,200. These services will be provided on a time and material basis pursuant to our standard hourly rate schedule in effect at the time the work is performed (current copy enclosed, possible revisions effective August 1), and subject to our standard Terms and Conditions which are on the reverse side of this letter. By signing the enclosed copy of this addendum letter and returning it to our office you acknowledge your acceptance of this proposal, which constitutes a contract for professional services. Thank you for giving us the opportunity to be of service to you. a �s�^a Mr. John Wolter Our Job No. 87260 July 14, 1988 Page 4 If you have any questions regarding this proposal please contact me. Sincerely, Jesus A. Michel Corporate Office meg Enclosure: Rate Sheet Herman Kimmel & Associates letter dated June 2, 1988 cc: Finarcial AGREED AND ACCEPTED: CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT L]9 DATE 3 TRAFFIC ENGINEE• G ®` erman CONSULTANTS Kimmel and Associates. Inc. 3300 IRVINE AVENUE, SUITE 180, NEWPORT BEACH, CA 928603115 (714) 852.8616 FAX (714) 852.8857 June 2, 1988 Williamson & Schmid 17782 Sky Park Blvd. Irvine, CA 92714 Attention Jesus Michel EXTRA WORK ITEMS Job No. 87 -129 Newport Boulevard Widening Project City of Newport Beach Dear Mr. Michel: A review of our August 11, 1987 proposal, changes to street improvement plans, additional construction phases, and extension of the improvement project for realignment of the Coast Highway and Newport Boulevard interchange ramps indicate that we will require fees for extra work. The following extra work items and fees are outlined in accordance with the scope of work breakdown listed in our August 11, 1987 proposal. EXTRA WORK COMPENSATION The following fees have been estimated based on actual cost plus a fixed fee: J1"V.� 41 Page 2 June 2, 1988 Williamson & Schmid Task • Traffic signal & safety lighting plans (3 phase const.) • Street & interchange lighting plans • Interconnect plan Task k* • Signing & striping plans (ramps) • Traffic control plans (additional construction phases) • Construction signing plan (ramps) • Quantity sheets (ramps) as o Parking lot striping & sign plan Task o Attend meetings (6) Task o As -built plans (ramps) . Task U o Reproduction (ramps) 0 Estimated Manhours 60 40 0 40 70 20 30 0 0 15 TOTA', FEE Estimated Fee $ 3,600.00 $ 2,400.00 -0- $ 2,400.00 $ 4,200.00 $ 1,200.00 $ 1,800.00 -0- mom $ 900.00 S 200.00 $16,700.00 Since our firm only received the revised preliminary street improvement plans and ultimate alignment concept plans on May 31, 1988, the tentative schedule of plan submittal and approval will have to change. It is anticipated that the first plan check of P.S. &E. would be submitted on or before September 1, 1988. 4 • Page 3 June 2, 1988 Williamson & Schmid One factor used in estimating the September 1, 1988 schedule is anticipated summer vacation of key staff members and support personnel. Items that still need to be resolved include, but are not limited to: 1. Use of separate signal phasing at existing intersections during phased construction of Newport Boulevard. 2. Bid item criteria for signing and for striping. 3. Detour route with closure of the right turn loop ramp from eastbound Coast Highway to northbound Newport Boulevard. If you have any questions, contact me or our Project Manager Mr. R. Paul Grimm. Key us informed on results of the unresolved items listed. Respectfully submitted, HE ::.11'1MEL & ASSOC., INC. Herman Xi el President El OCT 24 188 10:45 WILLIRMSONSCHMID P.3,3 • COMPENSATION SUMMARY CONTRACT AMENDMENT NEWPORT BOULEVARD WIDENING JULY 14, 1988 Direct Cost (Labor) Indirect Cost (Overhead) @ 148% Subtotal Direct Costs (Printing 8c Reproduction) Fee (Profit) @ 13% Total JAM /meg M2 J.N. 87260 10/20/88 $12,167.00 $18,007.00 $30,174.00 $ 1,800.00 4,526.00 36 200.00 s CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR (714) 644 -3005 C W � /o_,9_f7 FROM: CITY CLERK DATE: October 19, 1987 SUBJECT: Contract No. C- 2642(B) Description of Contract Agreement for Professional Engineering Services for Newport Boulevard Widening, 32nd Street to Coast Highway Effective date of Contract uctooer 1`J, iv*/ Authorized by Minute Action, approved on October 12, 1987 Contract with Williamson 6 Schmid Address 17782 Sky Park Circle Irvine, CA 92714 Amount of Contract (See Agreement) (mot "1:. ' , Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach RECOMMENDATION: Authorize the Mayor and City Clerk to execute the subject engi- neering services agreement with Williamson and Schmid Consulting Civil Engineers. DISCUSSION: On May 11, 1987, the City Council adopted a resolution support- ing the programmed State Transportation Improvement Program (STIP) project to add a northbound lane to Newport Boulevard from 32nd Street to the channel bridge, with the existing bridge widened at its present grade; and is terminating any further consideration of a new higher bridge. The project has been programmed by Caltrans for construction to begin in Fiscal year 1988/89. On June 22, 1987, the City Council approved a cooperative agreement with Caltrans which provided for the City to administer prepara- tion of the plans and specifications for the highway and bridge improve- ments. That agreement provided for the City to fund 100% of the cost for work on City streets (Newport Boulevard, 32nd Street to Finley Avenue) and 50% of the cost for work on the State Highway (Newport Boulevard, Finley Street to Coast Highway). Caltrans will acquire right -of -way and prepare bridge plans and specifications to be included in the final plans and specifications prepared by the City. In accordance with the cooperative agreement and with the appro- val of Caltrans, the City requested qualification from six consulting firms interested in preparing the plans and specifications for the pro- ject. A committee of City and Caltrans staff then reviewed the qualifi- cations and requested a proposal from the engineering firm of Williamson and Schmid, Consulting Civil Engineers of Irvine. Caltrans, City and con- sultant staff then negotiated terms of the engineering services agreement. is The scope of services provides for the preparation of plans and specifications necessary to construct new pavement; median islands; curb, gutter, and sidewalks; storm drains; street lights; signals; and a new parking lot in front of City Hall. og) October 12, 1987 BY THE CIIY COUNCIL ITY COUNCIL AGENDA CITY OF NEWPORT BEACI TEM NO. F -3(a) • OCT 121987 TO: CITY COUNCIL APPROVED C -26412 (F) FROM: Public Works Department SUBJECT: NEWPORT BOULEVARD WIDENING, 32ND STREET TO COAST HIGHWAY ENGINEERING SERVICES AGREEMENT (C -2642) RECOMMENDATION: Authorize the Mayor and City Clerk to execute the subject engi- neering services agreement with Williamson and Schmid Consulting Civil Engineers. DISCUSSION: On May 11, 1987, the City Council adopted a resolution support- ing the programmed State Transportation Improvement Program (STIP) project to add a northbound lane to Newport Boulevard from 32nd Street to the channel bridge, with the existing bridge widened at its present grade; and is terminating any further consideration of a new higher bridge. The project has been programmed by Caltrans for construction to begin in Fiscal year 1988/89. On June 22, 1987, the City Council approved a cooperative agreement with Caltrans which provided for the City to administer prepara- tion of the plans and specifications for the highway and bridge improve- ments. That agreement provided for the City to fund 100% of the cost for work on City streets (Newport Boulevard, 32nd Street to Finley Avenue) and 50% of the cost for work on the State Highway (Newport Boulevard, Finley Street to Coast Highway). Caltrans will acquire right -of -way and prepare bridge plans and specifications to be included in the final plans and specifications prepared by the City. In accordance with the cooperative agreement and with the appro- val of Caltrans, the City requested qualification from six consulting firms interested in preparing the plans and specifications for the pro- ject. A committee of City and Caltrans staff then reviewed the qualifi- cations and requested a proposal from the engineering firm of Williamson and Schmid, Consulting Civil Engineers of Irvine. Caltrans, City and con- sultant staff then negotiated terms of the engineering services agreement. is The scope of services provides for the preparation of plans and specifications necessary to construct new pavement; median islands; curb, gutter, and sidewalks; storm drains; street lights; signals; and a new parking lot in front of City Hall. og) 0 0 October 12, 1987 Subject: Newport Boulevard Widening, 32nd Street to Coast Highway Engineering Services Agreement (C -2642) Page 2 • Under terms of the agreement, fees are to be at standard hourly rates on a time and materials basis for an amount not to exceed $119,900. The agreement also provides that no work may begin until the agreement has been executed and a notice to proceed with the work has been received from the City. Funds in the amount of $41,925 for the State's share and $77,975 for the City's share are available in the current budget. The plans and specifications are scheduled to be completed in twelve months after the notice to proceed is issued to the consultant. Construction is tentatively scheduled for the 1988 -89 fiscal year. Benjamin B. Nolan Public Works Director • JSW:kf is C- Z6Z120) AGREEMENT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR NEWPORT BOULEVARD (SR55) WIDENING 32ND STREET TO COAST HIGHWAY (SRI) THIS AGREEMENT is made and entered into this day of C%G�. 1987, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to a "CITY" and the firm of Williamson & Schmid Engineers, a California Corporation, hereinafter referred to as "ENGINEER." W I T N E S S E T H WHEREAS, CITY under terms of an agreement with the California Department of Transportation ( CALTRANS), dated June 29, 1987, has been authorized by CALTRANS to obtain professional engineering services for the preparation of plans, specifications and engineer's estimate of cost for the improvement of Newport Boulevard from 32nd Street to Pacific Coast Highway, hereinafter referred to as "PROJECT "; and WHEREAS, the Environmental Impact Statement has been prepared by CALTRANS; and WHEREAS, CITY intends to prepare final engineering and construction documents for the improvement of Newport Boulevard from 32nd Street to Pacific Coast Highway hereinafter referred to as "PLANS "; and WHEREAS, ENGINEER has submitted a proposal dated August 13, 1987 and amended September 30, 1987 to CITY to perform the professional engineering services in conjunction with the preparation of said PLANS; and NOW, THEREFORE, in consideration of these premises, the parties hereto agree as follows: I. GENERAL A. Time is of the essence in this Agreement. B. The term of this Agreement shall commence on the day this Agreement is made and entered into, and shall terminate one year hence unless terminated earlier as set forth herein or extended by mutual consent of the parties. -1- C. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. O. The consideration to be paid ENGINEER as provided herein, shall be in compensation for all of ENGINEER's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. E. CITY engages ENGINEER to perform the services hereinafter described in Exhibit "A" for the compensation herein stated. F. ENGINEER agrees to perform said services upon the terms and conditions hereinafter set forth. G. ENGINEER represents that it employs, or will employ, at its own expense, all personnel required in performing the services required under this Agreement. H. ENGINEER agrees that all services required hereunder will be performed under his direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under State and local law to perform such services. The ENGINEER shall not sublet or transfer any work except as otherwise provided herein. I. ENGINEER shall comply with all Federal, State and local laws and ordinance applicable to the work of time work is performed. J. ENGINEER warrants and guarantees that all services hereunder shall be provided in a manner commensurate with professional standards and shall be performed by qualified and experienced personnel. II. ENVIRONMENTAL PROTECTION ENGINEER is required to comply with all applicable standards, orders or requirements issued under Section 3067 of the Clean Air Act (42 U.S.C. 1857 (h)), Section 508 of the Clean Water Act (33) U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15) which prohibit the use under non - exempt Federal contracts, grants or loans of facilities included on the EPA List of Facilities. Violations shall be reported to the Federal Highway Administration and to the U.S.E.P.A. Assistant Administrator for Enforcement. -2- 11 0 III. SAFETY ENGINEER shall comply with OSHA regulations regarding shoring and other necessary safety equipment or procedures during Design. ENGINEER shall comply with safety instructions issued by the CITY or its designee. Crew members shall wear hard hats and orange safety vests at all time while working on site. ENGINEER shall conduct weekly safety meetings throughout the period of field work; all crew members shall attend. Personal safety equipment shall be provided by Engineer. IV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, ENGINEER hereby swears under penalty of perjury that no final unappealable funding of contempt of court by a Federal Court has been issued against ENGINEER within the immediately preceding two -year period because of ENGINEER's failure to comply with an order of a Federal Court which orders ENGINEER to comply with an order of the National Labor Relations Board. V. SERVICES TO BE PERFORMED BY ENGINEER A. ENGINEER hereby agrees to perform all the services as outlines in EXHIBIT "A" attached hereto and by this reference made a part hereof. B. ENGINEER will make all personnel assigned to this Agreement available to testify, if necessary, at public hearings on subject matter dealt with in this Agreement. VI. DUTIES OF CITY CITY hereby agrees to supply ENGINEER all information, materials, data, reports, records and maps as are existing and available from City, and necessary for carrying out the work outlined in Exhibit "A" hereof, without charge by CITY and CITY shall cooperate in every way reasonable in carrying out the work without delay. Such information and materials shall include but not be limited to: Plans. A. Mylar plan and profile or plan sheets for the preparation of B. Consultation with ENGINEER as required to accomplish completion of the Plans. -3- VII. OWNERSHIP OF DOCUMENTS All products used or developed in this project will remain in the public domain becoming the property of CALTRANS at the completion of this pro- ject. All survey notes, sketches, plans, specifications and other data prepared shall be delivered to CITY. There shall be no restriction or limitation of their further use. No material prepared in connection with the project shall be subject to copyright in the United States or in any other country. VIII. CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical or other data and information relative to CITY's or CALTRANS' operations, which is designated confidential by CITY or CALTRANS, and made available to Engineer in order to carry out this agreement, shall be protected by ENGINEER from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to CITY or CALTRANS. B. Permission to disclose information on one occasion or public hearing held by CITY or CALTRANS relating to the PROJECT shall not authorize ENGINEER to further disclose such information or disseminate the same on any other occasion. C. Each subcontract shall contain provisions similar to the foregoing related to the confidentiality of data and nondisclosure of the same. D. ENGINEER shall not issue any news release or public relations item of any nature whatsoever regarding work performed or to be performed under this contract, without prior review of the contents thereof by CITY or CALTRANS and receipt of CITY's and CALTRANS' written permission. IX. PATENT RIGHTS Patent rights to any invention, improvement, or discovery conceived or for the first time actually reduced to practice by the ENGINEER or its employees, in the course of, in connection with, or under the terms of this Agreement shall be wholly owned by the CITY or CALTRANS. X. COPYRIGHT All reports, project maps, and other documents prepared in connection with the PROJECT and funded in whole or part by CITY shall contain a standard notice that the materials were prepared under a contract with the CITY. -4- City shall have unrestricted authority to publish, disclose, distribute, and otherwise use in sole or in part such documents. In addition, no material prepared in connection with the PLANS shall be subject to copy right in the United States or in any other country. XI. WORKERS' COMPENSATION Pursuant to the requirements of Section 1860 of the Labor Code (Chapter 1000, Statutes of 1965), the CONSULTANT will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. XII. INSURANCE A. ENGINEER shall furnish certificates, prior to commencement of the work described herein, showing insurance in force as follows: 1. Public Liability and Property Damage insurance in an amount not less the One Million Dollars ($1,000,000) per occurrence. 2. Architects and /or Engineer's Professional Liability insurance in an amount not less than One Million Dollars ($1,000,000). 3. Valuable Papers insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, computations, memoranda, reports, or other similar data relating to the work of the ENGINEER used in the completion of the PROJECT. B. Excepting the Professional Liability coverage, insurance certificates shall name both the Engineer, the CITY, and the State as insureds. XIII. ENGINEER IN CHARGE Jesus Michel is designated the Engineer -in- Charge on behalf of the ENGINEER. CITY reserves the right to approve any substitution of the Engineer -in- Charge. ENGINEER's key personnel as indicated in their Statement of Qualifications (Attachment A) may not be substituted without CITY's prior written approval. In the event of termination of the Engineer -in- Charge, the designated replacement shall be a licensed Civil Engineer in the State of California. XIV. PROJECT MANAGER A. CITY hereby designates John Wolter as Project Manger, and hereby delegates to said Project Manager the authority to manage and coordinate this Agreement. The Project Manager is responsible for review and approval of ENGINEER's monthly invoices. The Project Manager will be available for advice -5- and comment on all work under this Agreement. He shall meet with ENGINEER and its Subcontractors to discuss ENGINEER's and Subcontractors' progress and to give guidance. B. ENGINEER and its Subcontractors agree that the Project Manager will have full access to information regarding this project so that the Project Manager's role may be carried out. ENGINEER and its Subcontractors will honor reasonable requests from the Project Manager for information pertaining to the technical aspects of the PROJECT. C. CITY will provide sufficient staff engineering assistance to allow effective coordination with the ENGINEER. This assistance shall take the form of providing ENGINEER information when problems are identified in meeting the objectives of the work, monitoring progress toward meeting these objectives, and other more general liaison functions necessary in administering the Agreement. XV. CALTRANS STAFF A. CALTRANS staff will be permitted to work side by side with ENGINEER staff to the extent and under conditions that may be directed by Project Manager. In this regard, CITY or CALTRANS staff will be given access to all data, working papers, etc., which ENGINEER may seek to utilize. B. ENGINEER will not be permitted to utilize CITY or CALTRANS personnel for the performance of services which are the responsibility of ENGINEER unless such utilization is previously agreed to in writing by the Project Manager, and any appropriate adjustment in price is made. No charge will be made to ENGINEER for the CITY or CALTRANS employees while performing coordinating or monitoring functions. XVI. TERMINATION A. CITY may terminate this Agreement at any time for its own convenience by giving written notice to ENGINEER of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In the event, all finished or unfinished documents and other materials such, at the option of the CITY become its property. If this Agreement is terminated by CITY as provided herein, ENGINEER will be paid a total amount equal to his actual costs as of the termination date. Actual costs shall include labor costs, employee benefits, overhead, other direct costs and pre -rate amount of fee shall be as set forth in 10 proposal (Exhibit B), but not to exceed the maximum fee set by this Agreement under Section XXIII FEE SCHEDULE AND PAYMENT. B. CITY may, by written notice to ENGINEER, terminate the whole or any part of this Agreement in any of the following circumstances: 1. If ENGINEER fails to perform the services called for by this Agreement within the time specified herein or any extension thereof; or 2. If ENGINEER fails to perform the services called for this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of ten (10) days (or such longer period of time as CITY may authorize in writing) after receipt of notice from CITY specifying such failure. C. ENGINEER agrees that if because of death or any other occurrence it become impossible for any principal or employee of ENGINEER to render the services required under this contract, neither the ENGINEER nor the surviving principals shall be relieved of any obligation to render complete performance. However, in such event, CITY may terminate this Agreement if it considers the death or incapacity of such principal or employee to be a loss of such magnitude as to affect the ENGINEER's ability to satisfactorily complete the performance of this contract. D. ENGINEER and all successors, executors, administrators and assigns of ENGINEER's interest in the work or the compensation herein provided shall be bound to CITY to the full legal extent to which ENGINEER is bound with respect to each of the covenants of this contract. E. In the event proceedings in bankruptcy are commenced against ENGINEER, ENGINEER is adjudged bankrupt or a receiver is appointed and qualifies, then CITY may terminate this Agreement and all further rights and obligations hereunder, by giving five days notice in writing in the manner specified herein. It is recognized by the parties that equipment purchased by ENGINEER or CITY for this PROJECT shall have lien rights held in the name of the CITY which shall retain lien rights until ENGINEER either returns said equipment to City or purchases it as is provided by the terms of this Agreement. XVII. DISPUTES A. Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under or relating to the performance of 22 0 this Agreement which is not disposed of by agreement shall be decided by City's Director of Public Works, who shall reduce his decision to writing in regard to the dispute and shall transmit a copy thereof to ENGINEER. The decision of the Director shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, ENGINEER transmits to CITY a written appeal. Said appeal shall be supported with specificity. In connection with any appeal proceeding under this clause, ENGINEER shall be afforded an opportunity to be heard before the State and to offer evidence in support of its appeal. B. Neither the pendency of a dispute nor its consideration by the Director will excuse ENGINEER from full and timely performance in accordance with the terms of the Agreement. XVIII. COORDINATION ENGINEER shall work closely and cooperate fully with the project Manager or his designated representative and CALTRANS. The Project Manager or his designated representative shall constantly review and give his approval of the details of the work as it progresses, subject to overall review by CALTRANS. Reviews and inspection of the work may be made by CITY and CALTRANS at reasonable times during the performance period of this Agreement. XXIX. NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this Agreement and changes thereto shall be effected by the mailing thereof by registered or certified mail return receipt requested, postage prepaid and addressed as followings: FNaTNFFR Williamson & Schmid Attention: Bob W. Williamson 17782 Skypark Boulevard Irvine, CA 92714 CITY City of Newport Beach Public Works Director P. 0. Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Copy to: Mr. Larry Loudon Project Development Branch B CALTRANS, District 7 Post Office Box 2304 Terminal Annex Los Angeles, CA 90041 XX. TIME OF COMPLETION The work required as set forth in Exhibit "A" shall commence within ten (10 calendar days of CITY's written Notice to Proceed and shall be completed in accordance with the Schedule attached hereto as Exhibit "C" contingent upon actual review and approval time requirements. If the work is delayed at any time by reason of a suspension ordered by CITY or because of an delayed at any time by reason of flood, epidemics, guarantine res violence of the elements, or for control and without the fault or which, in the opinion of CITY is ENGINEER shall be entitled to an actually lost -by such delay. other act of CITY, or if the work should be strikes, acts of God, the public enemy, fire, frictions, freight embargoes, abnormal force, any other unforeseeable cause beyond the negligence of ENGINEER, or for any other reason proper justification for such delay, then extension of time equivalent to the time ENGINEER shall file a written request with CITY for extension of time within ten (10) days following the beginning of such delay and failure to do so shall constitute a waiver thereof; provided, that in case of a continuing cause of delay only one claim will be necessary. CITY shall decide whether and to what extent any extension of time shall be allowed. A request for an extension of time or granting of an extension of time shall not constitute a basis for any claim against CITY for additional compensation. ENGINEER shall be deemed to have waived any claim for additional compensation and does hereby so waive any such claim unless he shall, at the time of filing a request for an extension of time likewise file a claim for additional compensation on account of such delay. XXI. BUDGET DISCLAIMER A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional appropriation of funds for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. B. Should funds not be appropriated by the California State Legislature for the fiscal years covered by this Agreement, City shall exercise its option to terminate this Agreement. Im XXII. NO REIMBURSEMENT FOR COST PRIOR TO NOTICE TO PROCEED ENGINEER may not commence performance until the Agreement has been approved by CITY and a separate written Notice to Proceed is received by ENGINEER. No payment shall be made prior to these approvals nor for any work performed prior to these approvals. XXIII. FEE SCHEDULE AND PAYMENT The basis of payment for the services provided under this Agreement shall be cost - plus -a- fixed -fee. A. CITY shall reimburse ENGINEER for actual costs (including labor costs, employee benefits, overhead and other direct costs) incurred by Engineer in performance of the work, in an amount not to exceed exclusive of any fixed fee. Actual costs shall not exceed the estimated maximum wage rates and other costs as set forth in Exhibit "B ", attached hereto. B. In addition to the costs referred to in Section XXII.A above, CITY shall pay ENGINEER a net fee of Ten Thousand, Seven Hundred and Fifty Dollars ($10,750). Said fixed fee shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. C. ENGINEER shall be reimbursed for actual travel expenses incurred in the performance of this work, including the use of private cars at the rate of twenty -five (25) cents per mile, while traveling away from ENGINEER's headquarters which is hereby designated as Newport Beach, California. In addition, ENGINEER's personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Board of Control rules and regulations. D. Total expenditures made under this Agreement including the fixed fee shall not exceed the sum of One Hundred Nineteen Thousand, Nine Hundred Dollars ($119,900). E. ENGINEER agrees that the Contract Cost Principles and Procedures, CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31, shall be used to determine the allowability of individual items of cost. ENGINEER also agrees to comply with Federal procedures in accordance with Office of Management and Budget Circular A -102, Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments. -10- F. The direct labor rates, overhead and employee benefit percentages set forth in Exhibit "B" are effective for the period of July 1987 through July 1988. The direct labor rates, overhead and employees' benefit percentages are subject to review and update on an annual basis by ENGINEER. Such updates shall be subject to CALTRANS and FHWA approval for those portions of the work performed under this Agreement taking place after December 1988. The new rates and percentages shall be used to readjust the total not to exceed fee for those portions of the work not accomplished by December 1988. G. CITY agrees to pay ENGINEER for services rendered under this agreement in accordance with the following provisions: 1. ENGINEER shall submit to CITY during each moth of the term of this Agreement, a certified invoice for allowable costs incurred in the performance of this Agreement plus a pro rata portion of the fixed fee as described in Paragraph B above. 2. Invoices must be accompanied by written progress reports which describe the work performed in the period covered by the invoice. 3. CITY shall withhold ten per cent (10 %) of each progress payment. This retention will be paid upon satisfactory completion of the Agreement, including acceptance and approval by CALTRANS of all reports, plans, and other products to be provided by ENGINEER. 4. Promptly after the receipt of each invoice but in no event later than thirty (30) days after this receipt and approval, CITY shall make a partial payment based on the invoice amount less ten per cent (10 %) retention of allowable costs. XXIV. EQUIPMENT PURCHASE A. Any equipment purchased as a result of this Agreement is subject to the following: ENGINEER shall maintain an inventory of all non - expendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $150 or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit. At the conclusion of the contract or if the contract is terminated, the ENGINEER may either keep the equipment and credit the CITY in an amount equal to its fair market value or sell such equipment at the best price obtainable at a public or private sale in accordance with established CITY procedures. If the ENGINEER elects to keep the equipment, fair market value -11- shall be determined on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to the CITY and the ENGINEER. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the CITY. B. Prior authorization in writing by the CITY shall be required before ENGINEER enters into any non - budgeted purchase order or subcontract exceeding $100 for supplies, equipment or consultant services. The ENGINEER shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service or consulting work not covered in the ENGINEER's proposal and exceeding $500, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. XXV. ANTITRUST ACTIONS ENGINEER's attention is directed to the following provision of Government Code Sections 4551 and 4552 (Stats. 1978, Ch 414) which shall be applicable to the ENGINEER and its Subcontractors on public works contracts or to the bidder on consultant contracts for the purchase of goods, materials or services. "In entering into a Public Works contract or a Subcontract to supply goods, services, or materials pursuant to a Public Works contract, the Contract or Subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor without further acknowledgment by the parties ". "In submitting a bid to a public body, the bidder agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sect. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) -12- 0 0 of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder." XXVI. PROJECT SCOPE REVISIONS No change in the character, extent, or duration of the work to be performed by ENGINEER shall be made except by a supplemental agreement in writing between CITY and ENGINEER and approved by CALTRANS. The supplemental agreement shall set forth the changes of work, the extensions of time and the adjustments of the fee to be paid by CITY to ENGINEER, if any. In special cases where it is essential that extra work or changes in work be performed imme- diately, execution of the supplemental authority covering such changes shall be accomplished as soon as practicable. XXVII. HOLD HARMLESS ENGINEER shall save harmless the CITY and STATE, their officers, agent, and employees from all claims and liability due to the negligent acts of ENGINEER, Subcontractors, agents and employees of ENGINEER and his Subcontractors. XXVIII. SUBCONTRACTS ENGINEER shall not subcontract any portion of the work required by this Agreement, except as expressly state in Exhibit "B" without prior written approval of CITY. Upon termination of any Subcontractor, CITY shall be immediately so notified in writing. All terms and conditions of this Agreement shall be applicable to any Subconsultant whose cost exceeds Ten Thousand Dollars ($10,000). XXIX. RECORDS AND REPORTS ENGINEER and any Subcontractor to ENGINEER agree to maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred. ENGINEER and any Subcontractor to ENGINEER agree to make these materials and ENGINEER's records supporting costs available at their respective offices at all reasonable times during the performance of this Agreement and for four years from the date of final payment made by CITY to its construction Contractor for this PROJECT. CITY, CALTRANS, the State Auditor General, the Federal Highway Administration, the General Accounting Office, or any other -13- 0 • authorized representative of the Federal Government shall have access to any books, records and documents of ENGINEER and its Subcontractors that are pertinent to the contract for audits, examinations, excerpts and transactions, and copies thereof shall be furnished if requested. XXX. NON- SOLICITATION WARRANTED ENGINEER warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability, pay only for the actual cost of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. XXXI. CONFLICT OF INTEREST Prohibited interests are as follows: No officer, member or employee of City during his tenure or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The parties hereto covenant and agree that, to their knowledge, no member of the City Council, officer or employee of CITY has any interest, whether contractural, non - contractural, financial or otherwise, in this transaction, or in business of the contracting party other than CITY, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. ENGINEER hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services, required to be performed pursuant to this Agreement. ENGINEER further covenants that in the performance of this work, no person having any such interest shall be employed. -14- 0 XXXII. CONGRESSIONAL CONFLICT OF INTEREST Interest of members of or delegates to Congress shall be restricted as follows: No member of or delegate to the Congress of the United States nor any Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. XXXIII. NONDISCRIMINATION ENGINEER agrees to comply with the provisions of Appendix A and agrees that Appendix A shall be made applicable to any subcontract in excess of Ten Thousand Dollars ($10,000). XXXIV. ASSIGNMENT This Agreement shall be binding on the successors and assigns of the parties, but is shall not be assigned either in whole or in part by ENGINEER without the prior written consent of CITY. XXXV. CONTRACTUAL RELATIONSHIP ENGINEER, and the agents and employees of ENGINEER in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CITY or CALTRANS. IN WITNESS WHEREOF, said parties have executed this Agreement as of the date and year first above written. ATTEST: City Clerk AP )ROVED AS TO FORM: 1 XAtney Address and Phone: CITY OF NEWPORT BEACH 3300 Newport Boulevard Post Office Box 1768 Newport Boulevard, CA 92658 -8915 (714) 644 -3311 WILLIAMSON & SCHMID 17782 Sky Park Circle Irvine, CA 92714 (714) 549 -2222 CITY OF NEWPORT BEACH a Municipal Corporation WILLI -15- & aknru i President EXHIBIT "A" PROPOSAL FOR ENGINEERING SERVICES FOR THE CITY OF NEWPORT BEACH NEWPORT BOULEVARD WIDENING FROM PACIFIC COAST HIGHWAY TO 32ND STREET SCOPE OF WORK A. Research Investigation and Review 1. Conduct a field review to ascertain field conditions and compatibility of preliminary design with existing conditions. B. Concepted Geometric Plans 1. Verify only highway geometric plans by calculating right -of -way curb location and lane configuration. C. Field Survey 1. Perform necessary field survey to supplement available topo maps as required for final design. 2. Potholed utility information. D. Utility Research & Notification 1. Conduct a detailed utility research, within project limits. 2. Perform necessary coordination for relocation of existing facilities that conflict with proposed improvements (3 man days). E. Retaining Wall Plans 1. Prepare plans for retaining wail adjacent to building in the vicinity of Lido Channel. Structural design to be accomplished by Caltrans. F. Drainage 1. Prepare hydrology study. 2. Prepare storm drain plans. 3. Prepare hydraulic calculations. 87260 7AM /jas 10 -5 -87 P.2 -1- G. Traffic Signal and Street Lighting 1. Prepare signal modification plans for the following intersections, including traffic interconnect: Newport Boulevard at 32nd Street Newport Boulevard at Finley Avenue Newport Boulevard at Via Lido 2. Prepare lighting plans. H. Signing, Striping, and Detour Plans 1. Prepare signing and striping plans. 2. Prepare traffic control plans. I. City Hall Parking Modification Plans Prepare parking lot plans including new sidewalk, paving, striping, and other improvements. Landscaping design to be performed by City. J. Private Improvements 1. Perform necessary design coordination with adjacent property owners, as required, to ensure final design which is compatible with adjacent private improvements. All design for improvements on private property to be the responsibility of property owners. K. Landscaping 1. Prepare landscaping and irrigation plans for roadway improvements. L. Street Improvement Plans 1. Prepare street plans to include plan and profile, plan for intersection details, title and detail sheets. 2. Incorporate Caltrans bridge plans into overall set of improvement plans. o i 3. Perform necessary design to achieve the necessary coordination of U private improvements by adjacent property owners including provisions for interim joins if necessary. z 87260 JAM /jas 10 -5 -87 P.2 -2- M. Construction Specifications 1. Prepare contract documents to the satisfaction of FHWA, CalTrans and City of Newport Beach. Incorporate into documents specifications provided for Caltrans. N. Cost Estimate 1. Prepare a construction cost estimate for the project using Caltrans item descriptions and formats. O. Cordination With Caltrans 1. Perform coordination efforts, attend meetings with CalTrans, City and other private parties and public agencies (allowance). 2. Provide the necessary coordination with Caltrans personnel. This item shall include the development of and meeting of the target dates set up for the following submittals: • Plans for Geometric Approval 11/87 • Plans for Utility Approval 2/88 • Plans for Landscape Approval 2/88 • Plans for Traffic Approval 2188 • Plans for Traffic Handling 2/88 • Landscape PS & E 3/88 • Traffic PS & E 3/88 • Design PS & E 4/88 P. Bidding Process 1. Provide support to City during bidding process. Q. Construction Consultation 1. Provide consultation during construction on an as requested basis. R. Record Drawings 1. Prepare "record" construction drawings to reflect changes made during construction phase. S. Reproduction 1. Reproductions shall be provided as necessary to complete the project. They shall be provided at their cost, with an estimate provided and the understanding taken that the cost over this amount must be aproved in order to be eligible for reimbursement. 87260 JAM /jas 10 -5 -87 P.2 -3- x U z z a i • T. Supplemental Work 1. Monumentation Survey and Centerline Ties. Pursuant to Section 8771 of the Land Surveyors Act, all street centerline monuments subject to being destroyed will be referenced prior to commencement of construction and the notes will be provided to the City for reference. 2. Remonumentation. Following completion of construction, the position of the destroyed monument will be marked in a way suitable to provide for the setting of a new permanent well monument. 87260 7AM /jas 10 -5 -87 P.2 -4- EXHIBIT 'B" ESTIMATED COST -I- 0 x U Cn 0 z a Task Estimated Manhours (Weighted) Estimated Fee A. Research, Investigation & Review 12 $ 600 B. Verify "Conceptual" Geometric 59 3,000 Design Plans C. Field Survey & Aerial Topographic Mapping 1. Field Survey 293 15,000 2. Potholed Utility Location Survey 37 1,900 D. Utlity Research, Notification & Coordination 64 3,300 E.. Retaining Wall Design 117 6,000 F. Drainage 1. Hydrology 78 4,000 2. Final Storm Drain Plan 137 7,000 G. Traffic Signal & Street Lighting 1. Traffic Signal Plans & Documents, including traffic signal interconnect 218 13,000 2. Street Lighting, Plans & Documents 41 2,500 H. Signing, Striping & Detour Plans 1. Const. Traffic Control System Plans 118 7,000 and Documents 2. Traffic Signing & Striping Plans 101 6,000 and Documents I. City Hall Parking Modifications 163 89400 J. Private Improvements 1. Coordination 78 4,000 K. Landscaping Plans 3,000 -I- 0 x U Cn 0 z a ESTIMATED COST Task Estimated Manhours (Weighted) Estimated Fee L. Prepare Street Improvement Final Const. 351 18,000 Drawings M. Prepare Const. Specifications 78 4,000 N. Prepare Const. Cost Estimate 39 2,000 O. Coordination & Mtg. Attendance w /Caltrans and City of Newport Beach 101 5,200 P. Bidding Process (Budget Item Only) 27 1,400 Q. Construction Consultation (Budget Item Only) 98 5,000 R. Record Drawing Preparation As -Built Documentation to be provided by the City of Newport Beach 98 5,000 (Budget Item Only) S. Reproductions N/A 6,000 T. Supplemental Work 1. Monumentation 98 5,000 2. Remonumentation 78 4,000 Total Contract Items Fees $ 119,900 (Items A through O do S) Total Budget Items Fees 11,400 (Items P through R) Total Supplement Items Fees 9,000 (Item T) Total Budget 140 300 -2- x U O Z Q Compensation for the Engineering Plans and Contract Documents will be based on the charges up to the "not -to- exceed" amount of $113,900(excluding reproductions) as shown on the following Exhibits 11B -1" through "B -3." A budget amount of $6,000 is shown to cover the reimbursable cost of reproductions bringing the total contract amount to $119,900. Subconsultants performing speciality work on this project and associated costs to provide these services are as follows: Estimated Task /Item Description Subconsultant Fee G. Traffic Signal Lac Street Lighting Herman Kimmel & Associates 1. Traffic Signal $ 13,000 2. Street Lighting 2,500 H. Signing, Striping do Detour Plans Herman Kimmel & 13,000 Associates K. Landscaping David S. Hayes, Inc. 3,000 It is understood that the City of Newport Beach will provide Williamson do Schmid with all available data and information, such as survey ties, bench marks, previously approved improvement plans and "as- built" improvement drawings as required for completion of the work. Further, it is understood that CalTrans or the City of Newport Beach will be responsible for right -of -way maps, appraisal maps, legal descriptions, inspection, control of construction, payments to the Contractor, and furnishing plans and specifications to the Contractor. Any work relating to monumentation construction surveying, utility potholing exclusive of field survey or environmental documentation is specifically excluded from the engineering services proposed herein and, if required, must be contracted for CalTrans under separate contract or as an addendum to this contract. Any supplemental work will be accomplished by a separate contract for an additional fee. 0 f x U N 0 Z ¢ Z O ti i J J_ -3- 3 PROPOSAL FOR ENGINEERING SERVICES NEWPORT BOULEVARD WIDENING JOB NO. 87260 ESTIMATED COST BREAKDOWN (Contract Items) 32nd Finley Task to Finley to PCH Total Research $ 150 $ 450 $ 600 Geometric Design 750 2,250 3,000 Field Survey 4,000 11,000 15,000 Utility Potholing 400 1,500 1,900 Utility Coordination 800 2,500 3,300 Retaining Wall Design 6,000 6,000 Hydrology 1,000 3,000 4,000 Storm Drain Plans 1,800 5,200 7,000 Traffic Signal Plans 4,500 8,500 13,000 Street Lighting Plans 650 1,850 2,500 Traffic Control Plans 1,800 5,200 7,000 Traffic Striping & Signing Plans 1,500 4,500 6,000 City Hall Parking Lot Plans 8,400 8,400 Private Improvement Plans 4,000 4,000 Landscaping Plans 1,500 1,500 3,000 Street Improvement Plans 4,500 13,500 18,000 Construction Specifications 1,000 3,000 4,000 Cost Estimate 500 1,500 2,000 0 Coordination & Meetings 1,300 3, 900 5,200 Reproduction 1,500 4,500 6,000 $ 36,050 $ 83,850 $ 119,900 z z 0 -4- rn i a J J_ EXHIBIT "B -1" WILLIAMSON AND SCHMID COMPENSATION SUMMARY (Not Including "Budget" and "Supplemental" Items) DIRECT LABOR Project Manager Project Engineer Engineer Tech 5 Engineer Tech 4 Engineer Tech 3 Tech 2 Tech 1 (trainee) Survey Weighted Hourly Rate DIRECT COST (Labor) 17.98/HR. x 1,607+ HOURS INDIRECT COST (Overhead) @148% DIRECT COSTS (Printing & Reproductions) FEE (Profit) @15% -5- RATE $29.50 25.00 21.50 17.25 11.30 11.50 10.00 17.80 Subtotal Total 17.98 $ 28,900.00 $ 42,750.00 $ 71,650.00 $ 5,000.00 $ 10,750.00 $ 87,400.00 EXHIBIT "B-1" WILLIAMSON AND SCHMID COMPENSATION SUMMARY (Overhead Analysis) DIRECT LABOR OVERHEAD Indirect Salaries (Supervision, Clerical, Administration & Training) Payroll Burden & Costs (FICA, Workers' Compensation, Health Insurance, Unemployment, Vacation, Holidays, Sick Leave & Bonuses) Profit Sharing Plans Contribution Office Supplies Depreciation & Amortization /Lease Automotive - Transportation Charges Professional Services Rents, Lease Expense Insurance Utilities - Telephone Dues, Subscriptions, Contributions, etc. Repairs & Maintenance Travel & Related Expenses Property Taxes Miscellaneous OVERHEAD TOTAL 10 Percent 100.0% 37.1 59.5 6.2 8.2 4.9 1.9 5.8 6.0 7.2 3.0 1.3 3.2 1.4 0.3 2.0 148.0% rw i x U C4 O Z a DIRECT LABOR Project Engineer Project Manager Staff Engineers Traffic Technicians Draftsmen & Aides Clerical 0 EXHIBIT "B-2" HERMAN KIMMEL & ASSOCIATES, INC. COMPENSATION SUMMARY (Not Including "Budget" Items) DIRECT COSTS (Labor) $20.80 /Hr x 478+ Hours INDIRECT COSTS (Overhead) @149% DIRECT COSTS (Printing & Reproductions) FEE (Profit) @15% -7- Weighted Hourly Rate RATE $ 29.00 26.00 21.00 19.00 16.00 14.00 20.80 $ 9,960.00 $14,840.00 Subtotal $24,800.00 $ 1,000.00 $ 3,700.00 TOTAL $29,500.00 • • EXHIBIT "B-2" HERMAN KIMMEL do ASSOCIATES, INC. COMPENSATION SUMMARY (Overhead Analysis) Percent DIRECT LABOR 100.0% OVERHEAD Indirect Salaries 68% Payroll Burden 18% Professional and Consultant Fees 4% Communications 4% Occupancy 15% Supplies 4% Business Insurance 9% External Relations Reproduction 4% Travel & Subsistence 2% Auto Expense 8% Data Processing 4% Depreciation 7% Taxes & Licenses Miscellaneous 2% OVERHEAD TOTAL 149% EXHIBIT "B-3" DAVIS S. HAYES, INC. COMPENSATION SUMMARY (Not Including 'Budget" Items) DIRECT LABOR RATE Landscape Architect $ 25.00 DIRECT COSTS (Labor) $25.00 x 45+ Hours $ 1,140.00 INDIRECT COSTS (Overhead) @130% $ 1,480.00 Subtotal $ 2,620.00 FEE (Profit) @15% 380.00 Total $ 3,000.00 503 PROPOSAL FOR ENGINEERING SERVICES FOR THE CITY OF NEWPORT BEACH NEWPORT BOULEVARD WIDENING FROM Proposed Work Schedule Projected Milestones Date 1. Authorization to proceed. 10/15/87 2. Complete field review and utility research. 10/26/87 3. Complete field survey to supplement available topo. 11/16/87 4. Complete highway geometric plans. 11/30/87 5. Design 80 percent complete, delivered to CalTrans and City of Newport Beach for review of street, storm drain, traffic and landscaping design. 02/22/88 6. Draft specifications complete, delivered to CalTrans and City to review. 02128/88 7. Final plans, final contract documents and final cost estimates delivered to City and CalTrans (based on 30 day review time). 05/01/88 -1- c1P4 ?T :'_NT C' c__NSPORTATIorf !APE N'D1n A ee, Of During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor agrees as follows: (1) Compliance with Regulations: The contractor shall comply with regulations relative to Title VI (non - discrimination in federa:ly- assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations Part 21 - Erfectua:ion of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal-assistance will implement and rra7ntain a p�Iicy of non - discrimination in which no person in the state of Califomia shall, on the basis of race, color, national origin, religion, sex age, disability, be excluded from participation in, denied the benefits of or subjected to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. (2) Non - discrimination: The contractor, with regard to the work performed by it during the contract shall act in accordance with Title VI. Specifically, the contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age. or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment The contractor shall not participate either directly or indirecify in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including emo!oyment practices when the contract covars a program whose goal is em;)(c;ment. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contra:::-., o! the contracto's obligations under this contract and the Regulations relative to non - discrimination on the grouncs of race, color or national origin. (4) (5) (6) Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and lis fac;lities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent io ascertain compliance with such Regulations or directives. Where any, information required of a contraclor is in the exclusive possession of another who fails or refuses to fumish this information, the contractor shall so cer;;-, to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the non-discrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) with: olding of payments to the contractor under the contract until the contractor complies, and "or (,z?) car ce :!anon, termination or suspension of the contract, in whole or in part. Incoreoration of Provisions: The contractor shall include the provisions of paragraph (1) through (6) in every sub- contract including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor wi:l take such action with respect to any subcontractor or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such pro,isic ^s including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved or i:hreatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State Department of Transpotation to enter into such litigation to protect the interest of the State, and, :n accit:on, the contractor may request the United States to enter into such litigation to protect the interests of the i.,ni'ed States. OAS v3't' 3t; 1. . 32, FEOEMI. FU +:OS. Ol_A $1000 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: June 24, 1991 (714) 6443005 U x C y'g � ('_ a4 -9/ SUBJECT: Contract No. C- 2642(C) Description of Contract Amendment to Agreement for Newport Boulevard Widening, 32nd Street to Coast Highway Effective date of Contract May 28, 1991 Authorized by Minute Action, approved on May 28, 1991 Contract with CALTRANS Address District 12 Amount of Contract 2501 Pullman Street Santa Ana, CA 92705 (See Agreement) "Xe26r, 6e 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • • 0 BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAY 2 P 1991 TO: City Council FROM: Public Works Department May 28, 1991 CITY COUNCIL AGENDA ITEM NO. F -3(c) SUBJECT: NEWPORT BOULEVARD WIDENING, 32ND STREET TO COAST HIGHWAY AMEND AGREEMENT WITH CALTRANS TO RE- ABANDON OIL WELL (C- 2642 -C) RECOMMENDATIONS: 1. Authorize the Mayor and City Clerk to execute Amendment No. 2 to Agreement (C- 2642 -C) with State for funding re- abandonment of oil well. 2. Approve Budget Amendment. On November 26, 1990, the City Council approved an amended funding agreement with Caltrans and awarded a construction contract to Brutoco Engineering 8 Construction Inc. for the subject project. During construction an abandoned oil well was discovered on the service station property at Via Lido and Newport Blvd. State Division of oil and Gas personnel inspected the well and determined that it needed to be re- abandoned in accordance with specifications required by current State law. Caltrans agreed to supervise and administer re- abandonment of the oil well and City staff agreed that the City would share 50% of the cost per terms of the previous agreements with Caltrans which provided for a 50$/50$ cost sharing of right -of -way and construction cost for the State Highway portions of the project. In order to minimize delays to the widening project, Caltrans began work to re- abandon the oil well as quickly as possible. No other wells were discovered and well pressure, which was a concern because it could force oil and gas to the surface, was found to be very low. The well has now been abandoned and this amendment to the project funding agreement provides for the City's share of the cost. Terms of the amended agreement are as follows: STATE shall: 1. Bear 50% of the cost for re- abandonment of the oil well (total cost estimated to be $400,000.00). 2. Administer all work in re- abandonment of the oil, well and clean -up of the contaminated soil. 3. Take sole responsibility for the hazardous waste clean -up. Subject: Newport Boulevard Widening, 32nd Street to Coast Highway Amend Agreement with Caltrans to Re- abandon Oil Well (C- 2642 -C) May 28, 1991 • Page 2 4. Provide a Final Accounting Report to City and reimburse City for amount of City's deposit which exceeds City's share of the actual cost. 5. Seek to recover as much of the cost to re- abandon the oil well as legally possible. Any costs which are recovered will be shared 50% each by State and City. CITY shall: 1. Bear 50% of the cost for re- abandonment of the oil well (total cost estimated to be $400,000.00) and immediately upon execution of agreement deposit City's share ($200,000.00) with State. 2. Receive credit for direct costs to the Cityfor such activities as standby fire protection. • 3. Upon receipt of final accounting from State, pay State the amount of City's share of the actual cost which exceeds the City's deposit. Funds for the City's share of the cost are not available in the current budget. Funds are available in unappropriated circulation and transportation accounts and a budget amendment has been prepared to provide $200,000.00 in Account No. 26- 3326 -004. Benjamin B. Nolan Public Works Director JW:so .7 12- ORA -55 0.0/0.3 32nd Street to Route 1 12207 - 018791 District Agreement No. 12 -037 A -2 THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON 216 , 19_, is between the State of California, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY. C.7 r �, District Agreement No. 12 -037 A -2 1. The parties hereto entered into an Agreement (District Agreement No. 12-037, Document No. 7176) on May 14, 1990. Said Agreement defining the terms and conditions for construction, finance and maintenance of improvements to Newport Boulevard from 32nd Street to Route 1, referred to herein as PROJECT. 2. Said Agreement defines the terms and conditions under which PROJECT shall be constructed, financed and maintained. 3. STATE and CITY entered into an Amendment to Agreement No. 12- 037 A -1 on November 26, 1990 increasing STATE'S and CITY'S maximum contribution. 4. STATE and CITY desire to increase the total cost for PROJECT to cover the re- abandonment of an old oil well discovered within the service station property at Route 55 (Newport Boulevard) and Via Lido which is being acquired for the widening of Route 55. 2 District Agreement No. 12 -037 A -2 IT IS THEREFORE MUTUALLY AGREED: 1. STATE and CITY shall each bear 50% of all costs for the re- abandonment work of the old oil well discovered in the Mobil service station property at Route 55, as shown on Line A of Exhibit A -2, attached and made a part of this Amendment to Agreement. 2. STATE will administer all work in the re- abandonment of the oil well and the clean -up of the contaminated soil using Statewide Contract No. 54M042. 3. STATE will take the sole responsibility for the hazardous waste clean -up. 4. That The CITY'S total obligation as specified in Amendment to Agreement No. 12 -037 A -1, shall now not exceed the amount of $2,995,500 as shown on Exhibit A -2, attached and made a part of this Amendment to Agreement, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 5. That The STATE EIs total obligation as specified in Amendment to Agreement No. 12 -037 A -1, shall now not exceed the amount of r] District Agreement No. 12 -037 A -2 $2,274,600, as shown on Exhibit A -2, attached and made a part of this Amendment to Agreement, without STATE'S written approval. 6. CITY shall deposit with STATE immediately following the execution of this Amendment, the amount of $200,000, said figure represents the estimated CITY'S 50% share of the expense of the re- abandonment of the oil well. 7. STATE shall provide a Final Accounting report to CITY within ninety (90) days after acceptance of the work by STATE. If said Final Accounting Report as approved by CITY shows that the total cost to CITY is less than the amount deposited with STATE, STATE shall promptly reimburse CITY the difference between the amount deposited and the actual cost. If total cost to CITY is more than the amount of CITY'S deposit with STATE, CITY shall reimburse STATE for additional costs within cc (45) forty -five days of billing by STATE. S. Direct costs to the CITY for such activities as Standby fire protection shall be credited to the CITY'S share of the over- all cost of re- abandonment of the oil well. I 9. STATE shall seek to recover as much as legally possible, the costs of the well re- abandonment, by means of a reduction in the price paid for the property and /or funding which may be 4 District Agreement No. 12 -037 A -2 obtained from the State Division of Oil and Gas. Any costs which are recovered will be shared 50% each by STATE and CITY. 10. The other terms and conditions of said Agreement and Amendment No. 1 (Document No. 7176) shall remain in full force and effect. C� a` 5 District Agreement No. 12 -037 A -2 This Amendment to Agreement is hereby deemed to be part of Document No. 7176. STATE OF CALIFORNIA Department of Transportation A.A. Pierce, Acting Director of Transporta Walt Hagen, Deputy Distr c� Approved as to Form and Procedure Attor Depa went of Tr nsportation Certified as to Funds and Procedure Distr4 ccounting Administrator M CITY OF NEWPORT BEACH Mayor Attest: /Z� eAr City Clerk Approved as to Form a9d- Citty Attorney 6 cc $N- P-a District Agreement No. 12 -037 A -2 12- ORA -55 0.0/0.3 12 -207 - 018791 11A;i"!i. 7 CITY'S STATE'S Description Total Cost Share Share Bridge $ 11789,000 $ 894,500 $ 894,500 Roadway $ 1,568,300 $ 784,150 $ 784,150 Betterment $ 583,700 $ 583,700 $ 0 Subtotal $ 3,941,000 $2,262,350 $1,678,650 Contingency (5$) $ 197,100 $ 113,150 $ 83,950 Const. Total $ 4,138,100 $2,375,500 $1,762,600 Const. Survey $ 70,000 $ 40,000 $ 30,000 Const. Engr (16 %) $ 662,000 $ 380,000 $ 282,000 A. Oil Well $ 400,000 $ 200,000 $ 200,000 Re- abandonment Total $ 5,270,100 $2,995,500 $2,274,600 7 ' STATE1F CALIFORNIA— BUSINESS AND TRANSATION AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 June 17, 1991 Donald L. Webb City Engineer City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 • PETE WILSON, Gommor s^ 12- ORA -55 0.0/0.3 32nd Street to Route 1 12207 - 018791 District Agreement No. 12 -037 A -2 Subject: Executed Cooperative Agreement Dear Mr. Webb: Enclosed for your files is a copy of the fully executed Agreement No. 12 -037 A -2 (Document No. 7176) between the State of California and the City of Newport Beach to increase the total cost for the improvements to Newport Boulevard from 32nd Street to Route 1. Thank you for your cooperation in the processing of this Agreement. If you have any questions, please call me at (714) 724 -2134. Sincerely, Tam Nguyen, C ief Project Management Enclosures ` ✓UN s �99l s - CITY OF NEWPORT BEACH i P" I r\y\ REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: May 28, 1991 MINUTES .0 "n. C,�.... .... _ .. _ w v DATEL �yi Mayor Sansone presented Reverend Robert Parry, Chaplain, Hoag Memorial Hospital, Presbyterian with a special citation, honoring him for past years of service to Hoag and the community pending his retirement in June from Hoag Memorial Hospital. Posting of the flag by NEWPORT BEACH POLICE E%PLORER COLOR GUARD 1050. Present x x x x x x x A. ROLL CALL. Motion x B. Reading of Minutes of Meeting of May 13, Ayes x x x x x x 1991, was waived, approved as written, Abstained x and ordered filed. Motion x C. Reading in full of all ordinances and All Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the continued U/P 3086(A; public hearing and City Council review (88) of an appeal by JOHN DOMINIS RESTAURANT regarding USE PERMIT NO. 3086 (AMENDED). A request to amend a previously approved use permit which permitted the establishment of a restaurant with on- sale alcoholic beverages, live entertainment and dancing, valet parking and off -site parking for employees on property located in the "Recreational and Marine Commercial" area of the Mariners Mile Specific Plan Area. The off -site area is located at the southeasterly corner of Riverside Avenue and Avon Street. The proposed amendment involves a request to operate the second floor portion of the subject restaurant as a separate use from the third floor restaurant operation. Said proposal also includes a request to operate the second floor restaurant at lunch with a reduced "net public area" Monday through Saturday, wharzas the second floor portion of the existing restaurant is currently limited between the hours of 4:00 p.m. and 2:00 a.m. Monday through Saturday and 9:00 a.m. and 2:00 a.m. Sundays and recognized holidays; .'.ND Continued public hearing and City U/P 3409 Council review of an appeal by LARRY LEVOFF, KNOW I T, INC. regarding USE PERMIT NO. 3409. A request to permit the establishment of a restaurant with on- sale alcoholic beverages, live entertainment and dancing, valet parking and off -site parking for employees on property located in the "Recreational and Marine Commercial" area of the Mariners Mile Specific Plan Area. The off -site parking area is located at the southeasterly corner of Riverside Avenue and Avon Street. Said proposal involves separating the existing third floor portion of the John Dominis Restaurant so as to operate said portion as an independent restaurant. The proposal Volume 45 - Page 154 CERTIFIE AS A UE A CORRECT COPY t1 nc u . y 6EACN "n. C,�.... .... _ .. _ w v DATEL �yi r CITY OF NEWPORT BEA* ahi: a•.. WO \\ May 28. 1991 a on i r MINUTES INDEX i also includes a reduction in the "net U/P 3086(A) public area" the restaurant is permitted U/P 3409 to operate during the daytime hours Monday through Saturday. Property located at 2901 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Newport Boulevard in Mariners Mile. Site of Off -site parking: Lots 7, 8, and 9, Tract No. 1133, located at the southeasterly corner of Riverside Avenue and Avon Street in Mariners Mile. Report from the Planning Department. Appeal application from Larry Levoff, President of Know Limit, Inc. The City Clerk advised that after the agenda was printed, a letter was received from Jan D. Vandersloot, M.D., regarding the subject request. It was noted in the staff report that the Planning Commission on April 4, 1991 voted (3 ayes, 3 noes, 1 absent) to not approve the subject applications. It was the determination of three of the Commissioners that separating the existing John Dominis Restaurant into two independent restaurant uses would not increase the intensification of use of the property, inasmuch as the "net public area" will not be increased. The other three Commissioners present at the meeting were of the opinion that the proposed development would be an intensification of use on the site that would generate an increase in traffic. As a result of the Commission's action, the applicant for the new restaurant on the third floor of the complex has appealed that decision to City Council. The City Manager summarized the staff report, advising that the request is to: 1) allow dancing on the second floor (already exists on third floor); 2) allow lunch to be served on the second floor (already exists on third floor); and 3) to divide the third floor net public area, i.e. 2691 sq. ft. on the third floor and 2000 sq. ft. on the second floor. He stated that inasmuch as the total "net public area" is not being increased, the parking requirements do not need to be modified. Discussion ensued wherein the Planning Director pointed out that if this request had been approved by the Planning Commission, one of the Conditions of Approval recommended the following: Condition No. 20 That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determin- ation that the operation which is the subject of this use permit, Volume 45 - Page 155 i CITY OF NEWPORT BEACH CODICIL MEMBERS May 28, 1991 ROLL CFL MINUTES INDEX .� ...6 ate.. causes injury, or is detrimental U/P 3086(A) to the health, safety, peace, U/P 3409 morals, comfort, or general welfare of the community. The Planning Director also commented that he felt the on and off -site parking for the John Dominis restaurant was adequate, as well as the proposed Conditions of Approval relative to live entertainment and dancing. Jerry King, representing the applicant, addressed the Council and presented the following information: that the proposal is to "shrink the operational characteristics" of the John Dominis restaurant, and provide two completely separate restaurants within the building, with each operation having its own lunch area as well as their own dancing area; the restaurant already has two separate kitchens; and with respect to off -site parking, the applicant will work with the owner of the parking lot at the southeasterly corner of Avon Street and Riverside Avenue to "resecure" that location for off -site parking, which will be monitored daily. Jan D. Vandersloot, M.D., 2221 East 16th Street, representing Newport Heights Community Association, addressed the Council and referenced his letter dated May 27, 1991, wherein it states, in part: "The specific problem relates to the 'net public area' of the restaurants involved. There appears to be an increase in 'net public area' from the amount approved by Council in 1984. This increase represents a potential intensification of use which, if it had been approved in 1984, would ha,e tipped the Traffic Phasing Ordinance. It does not appear that Council has ever formally approved such an increase in 'net public area,' and that the owners have done so without authorization. "The Newport Heights Community Association requests a traffic study which analyzes the increase in traffic from such an increase in 'net public area,' and also the possible increase in traffic from two restaurants operating simultaneously in the PM peak hour. "The current requests, Use Permit No. 3086 (Amended) and Use Permit No. 3409, include two restaurants with a combined net public area' of 9,506 sq. ft., an increase of 1,678 sq. ft. from the original approval in 19i 4. ,.� n___ , « .� ...6 ate.. • CITY OF NEWPORT BEACB6 a.... .3.1:1V \ :1\1\11 May 28, 1991 ROLL CRLL MINUTES INDEX "The Newport Heights Community U/P 3086(A) Association would also like to U/P 3409 know if anything can be done about the eaves from this building which stick out and obstruct the view of the bay from Cliff Drive Park, west side. This building has been in contention from its inception because of the view blockage. Recently, the roof caught on fire, damaging the eaves. The Association would appreciation Council's consideration in asking that the eaves be removed in order to improve the bay views from the park." In response to the above letter, the Planning Director reported that this particular building configuration was originally approved in 1984, and a traffic study was done at that time which allowed for a restaurant on the second and third floors. Subsequent to that original approval, there was an amendment to the Use Permit which was processed in January and March, 1988. At that time, the deck on the third floor was included in the calculation of the restaurant square footage for the building. It was also at that time that an amendment was processed to allow an increase in the size of the group as to live entertainment and dancing for the third floor restaurant. The expansion which occurred between 1984 and 1988 would have been an enlargement which would have been permitted under the City's Traffic Phasing laws as they existed at that time. The language contained in the current Traffic Phasing Ordinance is now different. As to intensification of use, he felt that the John Dominis restaurant has not been operating at peak performance due to the vacancy factor in the building. Council Member Hart requested that the applicant look into ways to make the establishment more easily accessible. She also commented that if the request is approved, she would like to have the use reviewed in six months by the Planning Commission. Mr. King replied that the applicant has no objection to the six months review. In concluding his remarks, he stated that regarding intensification of use, the staff count will remain the same; parking for employees will be policed; occupant load for the building remains the same; and no additional square footage is being requested. Hearing no one else wishing to address the Council, the public hearing was closed. 0 CITY OF NEWPORT BEACH 0 ROLL CRL \ \ \�� \\ May 28, 1991 MINUTES INDEX Motion x Council Member Hart stated she felt it U/P 3086(A) was incumbent upon the applicant to U/P 3409 self- monitor this project, and inasmuch as some of the businesses in Mariners Mile are not doing so well, she felt the Council should give the proposal a try; and therefore, she moved to approve the subject requests, with Findings and Conditions of Approval designated as Exhibit "A," subject to the added Conditions that 1) the off -site parking lot located at Riverside Avenue and Avon Street shall be signed in such a way to identify it as the required parking location for the employees of the two restaurants; and 2) that the Planning Commission review this project as to use and noise six months from this date. Council Member Watt stated she will not support the motion as she felt the nature of the proposal, as well as enforcement, was not in the best interest of the City. Ayes x x x x x x The motion was voted on and carried. Noes x 2. Mayor Sansone opened the public hearing Fire /Weed regarding WEED ABATEMENT PROGRAM FOR Abatement 1991; AND TO CERTIFY THE LIST OF (41) PROPERTIES THAT MAY REQUIRE WEED ABATEMENT AND /OR CLEANING. Recycled report dated May 13, 1991. The City Manager reported that the Fire Department has compiled a list of all lots in the City in need of weed abatement; the property owners have been notified of the work; and that now is the time for those property owners to voice their objections, if any. Mayor Sansone directed the staff to investigate ;.ham southwest corner of Goldenrod and Pacific Coast Highway for possible weed abatement. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was mede to adopt Resolution No. Res 91 -53 All Ayes 91 -53 ordering the Fire Chief to abate weeds and other public nuisances existing upon streets, alleys, sidewalk, parkways and private property within the City. 3. Mayor Sansone opened the public hearing U/P 1889 on a request of the City Council to (88) review USE PERMIT NO. 1889, which permitted the construction of 2, two - story buildings for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off - street parking. The proposed review involves consideration v..i.._,. 1 c n--- i co ...b.. ate.. 0 CITY OF NEWPORT BEACBO 91. I R 0 Y 75P _, +, ROLL C \ \ May 28, 1991 MINUTES OEM -..6.. — of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site; AND USE PERMIT No. 3412, being a request of U/P 3412 PACIFIC AVAIDN MARINE, INC., to permit the establishment of a commercial wedding chapel /public assembly use in conjunction with an existing boat chartering operation on property located in the "Recreational and Marine Commercial" area of the Mariners Mile Specific Plan Area. The proposal also includes a request to approve an off - site parking agreement so as to allow a portion of the required off - street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). Property located at 2701- 2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariners Mile Specific Plan Area. Report from the Planning Department. The City Manager advised that the Planning Commission on April 18, 1991, approved both of the subject applications. Previously, Use Permit No. 1889 was reviewed at the request of the City Council to determine the compatibility of the shipyard with the charter boat operation, and inadvertently it was found that the property was being used for a wedding chapel /assembly area. As a result, the applicants have now applied for a use permit which is now under consideration. The Planning Commission made the determination that the boat chartering operation is appropriate on -site, and that the provisions under Chapter 5.18 or 17.41 of the Municipal Code are adequate to regulate the boat chartering facility. However, the Commission did suggest some additional Conditions of Approval for Use Permit No. 1889 which are enumerated in the staff report. In addition, as referenced in the April 4, 1991 Planning Commission report, staff had originally recommended the applicant obtain the approval of a formal off -site parking agreement by the City, inasmuch as the off - street parking requirement for the wedding chapel /public assembly use could not be fully satisfied by the available on -site parking spaces. However, since the applicant for Use Permit No. 3412 has reduced the proposed floor area of the wedding chapel /public assembly use from 2,187 sq. ft. to v_i..�.. An W--- t ce -..6.. — * CITY OF NEWPORT BEACH i „ May 28, 1991 ROLL CflLL MINUTES INDEX 45 - Page 160 approximately 805 sq. ft., there is U/P 1889 adequate on -site parking to provide the U/P 3412 required 24 parking spaces after 6:00 p.m., Monday through Friday, and on Saturdays, Sundays and holidays. Therefore, should the City Council desire to approve Use Permit No. 3412, such action would no longer require the approval of an off -site parking agreement. Ted Robinson, applicant, addressed the Council and reviewed some history connected with the subject property. He stated that once the new dock is built, there should not be any conflict. There is also no conflict with respect to parking because the charter operation does not operate the same hours as the shipyard. Council Member Hart commented there is a concern as to what is going to be happening with charter boats throughout the harbor. The City Council has a very special interest in protecting and preserving what it can of the boat yards in the City, and are looking at the feasibility at some point in time of placing an overlay zone on boat yards. The City Council is also concerned about the charter business relative to whether or not the City's ordinances are adequate to regulate such operations. With respect to the subject proposal, she indicated that her objection was the wedding chapel itself. Even though the boat yard will be closed when the wedding chapel is in use, she has reservations as to its compatibility with the boat yard. Roy King, co -owner of Pacific Avalon Marine, addressed the Council in support of the request. He stated that they have been in operation for 3 1/2 years at the present vocation and have never been involved in a lawsuit resulting from their operation. He stated that prior to going to Waterfront Homes for the one -year lease for off -site parking, the cost was much less, but when it was known that parking was required by the t°'�• City, Waterfront Homes raised the amount. He stated it is their desire to get the people off the street and into a gathering area prior to a wedding or boarding the vessel. They do not cook in the area; however, food is served that is prearranged or catered. Alcoholic beverages are not served in the gathering area. He also commented that they spend a great deal of time "fighting off" people who want to park in their area because of inadequate on- site parking in the vicinity. The City Manager commented that the City did permit off -site parking permits in the subject area; however, approximately three years ago, the City no longer issued those permits because it wanted to reserve those parking spaces in the event parking was removed from Pacific Coast Highway should it be widened. 45 - Page 160 Motion Motion COUNCIL MEMBERS 0 CITY OF NEWPORT BEACH* 0 May 28, 1991 At the request of Council, Glen Everroad, Business License Supervisor, explained charter operations in general. He stated there are two levels of regulations for marine charter activities: 1) the Commercial Harbor Activities permit which is issued to fixed -base charter operations under Section 17.41 of the Municipal Code and is administered by the Marine Department; and 2) the Special Events Charter permit which is issued for a charter operation on a charter -by- charter basis, pursuant to Section 5.18 of the Municipal Code by the License Division. The applicant applying for a permit through the License Division must supply information including the date, time, number of passengers, where those passengers will be boarded, and where those passengers will park. On a case - by -case basis, the License Division determines that there is adequate parking for each charter they permit. In response to question raised by Council Member Hart regarding the differences between licenses and permits, he stated that licenses are required for all businesses and are a revenue function only. Permits are required for business activities, including charter operations, that the City regulates. With respect to off - street parking for Commercial Harbor permitees, the Marine Department does require continual off - street parking. While Special Event Charter permittees are not required to secure annual off - street parking agreements, some of the Special Event Charter operators permitted by the License Division do secure a year -to- year lease because it facilitates their needs. They are only required to evidence to the City that on the date they intend to conduct a particular charter, they have adequate off - street parking to accommodate the number of guests they have on that charter. Pacific Avalon Marine, Inc., has a City Business License that reflects they have paid a tax to operate a business in the City, and they have secured, on a charter -by- charter basis, a Marine Charter Permit pursuant to Section 5.18 of the Municipal Code. Hearing no others wishing to address the Council, the public hearing was closed. Following consideration, notion was made to sustain the decision of the Planning Commission with the modification that the site can be used for public assembly, but not for a wedding chapel. Council Member Cox indicated he did not see the difference between the two uses, and therefore made a substitute motion to sustain the decision of the Planning Commission. Volume 45 - Page 161 MINUTES U/1' iasv U/P 3412 0 CITY OF NEWPORT BEACH 0 May 28, 1991 ROLL MINUTES INDEX The City Attorney recommended that an additional condition of approval be added which states that "charter activities shall be conducted in accordance with the provisions of Chapter 5.18 or 17.41 of the Municipal Code, whichever is applicable. All Ayes The maker of the substitute motion consented to the above, and the notion was voted on and carried. There being no objections, Mayor Sansone directed the Off- Street Parking Committee to review alternative methods for increasing the City's revenue on all City -owned parking lots. 4. Mayor Sansone opened the public hearing Modificatio and City Council review regarding 3810 MODIFICATION NO. 3810. A request of GIL (94) AND ANITA FERGUSON to permit the as- built construction of a carport which is 7 feet 10 inches wide and 15 feet deep, where the Zoning Code requires a width of 8 feet and a depth of 16 feet, clear inside dimensions, for the third parking space. Property located at 300 Sapphire Avenue, on the northeasterly corner of Sapphire Avenue and Balboa Avenue, on Balboa Island. Report from the Planning Department. The City Clerk reported that after the agenda was printed, a letter was received in favor of the request from Bettie J. Banto, 226 Sapphire Avenue. It was noted that the Planning Commission on April 4, 1991, recommended approval of the subject Modification. It was the determination of a majority of the Commissioners that the size of the as -built parking space was adequate to accommodate a vehicle. The applicant submitted photographs to the Commission which indicated a full -sized automobile parked in the subject parking space. If the requested Modification is approved, staff recommended that the following Condition of Approval be added to Exhibit "A" of the Planning Commission stafx report dated April 4, 1991: Condition No. 6 - That the brick floor of the parking space be raised in front of the entry patio in such a manner that only one fl- inch high step is required by the Uniform Building Code. Gil Ferguson, Applicant, 300 Sapphire Avenue, addressed the Council in support of his request and referenced his letter dated May 28, 1991. He reviewed the history connected with his project; stated he has complied with all City regulations and constructed his home exactly as shown on his plans which were submitted to the City and Coastal Commission. He cited the incident which took place the day the curb cut on 0 CITY OF NEWPORT BEACH* I a car. ROLL \ \ \ \�� \\ May 28, 1991 Balboa Avenue was to be installed and the inspector red - tagged the curb cut because the carport was not the required length. He stated the sidewalk in front of his home has been torn up since November, and had he known the measurements were incorrect for the carport, he would have had the plans changed accordingly. He also expressed concern that the error was not caught before the structure was built, and stated the staff refused to accept any responsibility for the small error which was just as much their fault as his own. In addition, the staff used measurements that did not reflect the true facts. He submitted a photograph of an automobile parked in the carport area on the property; stated he had a petition with over 25 residents in his immediate area who have no objections to his request; and urged the Council to sustain the decision of the Planning Commission. Don DuBose, 909 Ruby Avenue, addressed the Council in support of Mr. Ferguson's request. He stated the desire to have three off - street parking spaces has been accomplished; it's a very safe situation; the structure is very beautiful and an asset to the area; and he felt the City owed Mr. Ferguson approval of his Modification because his intentions were proper. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Watt read into the record the following prepared statement expressing her concerns on this issue: "I am going to make a motion to overrule the decision of the Planning Commission. I have not discussed this with other people; it's a very sensitive issue, and to some degree, a philosophical issue when it comes down to judging an as -built situation. For me, this does not have to do with politics or personalities, but it does have to do with planning, and the policies of the City, particularly on Balboa Island. Owners on Balboa Island come and go, and she has been involved with that Island since 1931. "In working with the staff, Modifications Committee, and Planning Commission, I have to try and be consistent, to try and have some convictions, and to try and have some understanding of what the City policies really mean. In this particular case, the limits with respect to parking were set at a minimum standard,in order to protect both the public and private property rights. 'Minimum' has to be viewed according to circumstances, and if the subject space abutted an open walkway, Volume 45 - Page 163 MINUTES 3810 ication 0 CITY OF NEWPORT BEACH COLKIL MD1BERS ROLL CRLL� \ \��� \\ May 28, 1991 MINUTES f .0 1e circumstances might be different, Modificatio or if this space was not, in fact, 3810 a part of the patio which is prominently seen from the living quarters of the house, circumstances might be different. As it is, the 'minimum' of 8 x 16 still leaves the question of how many times the occupants would choose to park a car in that spot. "Since we are now faced with judging an 'as built' situation, it becomes somewhat philosophical. Shall we stretch our normal good judgment out of shape to allow 'as built' construction in order to accommodate the applicant when I feel it is a detriment to the public? I don't believe the appropriate findings can be made and I believe it is appropriate to expect the applicant to have built in accordance with prior conditions. At the very least, this is a questionable parking space and the homeowner could be expected to do everything possible to make it work. Instead, when this project went through the permitting process, there were steps into the house which interfered with parking, there was a gate that interfered with parking, and it seems unlikely that a vehicle would be parked there on a regular basis. In addition, as a result of the curb cut and driveway opening, a street parking space is, in effect, - reserved for this house. "My thoughts on this issue are that it is up to the applicant to submit correct plans and know what the dimensions are and how they will function. From my own experience and observations of others, most people are painfully aware of the exact dimensions of rooms and how they will function." Motion x In view of the foregoing remarks, Council Member Watt moved to overrule the decision of the Planning Commission and deny Modification Mo. 3810, based on the Findings for denial designated as Exhibit "B" in the staff report. Motion x Following discussion, substitute motion was made to sustain the decision of the Planning Commission, with the added Condition of Approval Mo. 6 as outlined in the staff report. Motion x Council Member Plummer made a second substitute motion to sustain the decision of the Planning Commission with the deletion of the requirement for a third parking space, replacing said space with curb which will in essence provide an on- street parking space. 0 CITY OF NEWPORT BEACH* COUNCIL MEMBERS ROLL \ \ \�'�\ \May 28, 1991 MINUTES INDEX Dr Council Member Hart commented "that the Modificatie extra parking space, as the applicant so 3810 well knows, would not even be needed if the house were a single - family dwelling. I know down deep that Mr. Ferguson really would want me to uphold City laws. A duplex needs three parking spaces and minimum parking is not what you would net. I was going to step down this evening from a possible conceived bias, but Mr. Ferguson has challenged me to uphold the City laws." The City Attorney advised that after studying the revisions to the Municipal Code, it was found that if there is no increase of habitable space proposed in conjunction with the remodel, the Modification can be granted and it need not be conditioned upon the provision of an additional parking space. If habitable space were added to the structure as part of the remodel, then a Variance would be required as opposed to a Modification, if the remodel was to go ahead without the construction of the required parking space. Ayes x After further consideration and Noes x x x x x x comments, the second substitute motion was voted on and FAILED. Ayes x x x x x The original substitute motion made by Council Member Turner was voted on and Noes x x carried. 5. Mayor Sansone opened the public hearing Towing /Ofc. to consider REQUEST FOR RATE INCREASE BY Police THE OFFICIAL POLICE TOY TRUCE OPERATORS G & W /Harbi (G & W TOYING AND HARBOR TOWING). (70) pursuant to Section 5.13.140 of the Newport Beach Municipal Code. Report from Business License Supervisor. The City Manager advised that the two official Police tow companies, G 6 W Towing, Inc., and Harbor Towing, have submitted requests to increase the rates charged for both their official Police tow and private towing operations. They have also requested a revision to Municipal Code Section 5.13.170(F), which establishes the rate for disconnecting and releasing a vehicle prior to it being towed for nonpolice responses. The rate increases represent an average increase of 5.07% over existing rates. Rates for these two companies were last established in June, 1990. The Police Department has reviewed the requested rate increases and has indicated their approval. Wayne Miller of G 6 W Towing, and Robert Coleman of Harbor Towing, addressed the Council in support of their request. They indicated that their rates are 50% lower than what is being charged by the Highway Patrol, and 30% lower than those charged in southern Orange County where the towing companies are newer. They are just trying to "keep -in -step" with the cost of living. O..l.....e AK _ 9...... 1L[ Dr COUNCIL MEMBERS � A ROLL Cfi L Motion x All Ayes Motion All Ayes X 0 CITY OF NEWPORT BEACH 0 May 28, 1991 Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 91 -54 approving rate increase by the Official Tow Truck Operators, subject to conditions in the staff report; and to authorize the staff to prepare an amendment to the Municipal Code Section 5.13.170(F) to coincide with Vehicle Code Section 22658(h) as outlined in the staff report. At the request of Council Member Hedges, staff was directed in the future, to furnish copies of the respective towing companies' financial statements in the agenda packets, as well as the current rates being charged in other Orange County cities. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR Pass to 2nd reading on June 10, 1991: (a) Proposed ORDINANCE NO. 91 -22, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12.57.020, 12.57.025, AND 12.57.027 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SKATE- BOARDING AND ROLLERSKATING REGULATIONS. [Report from the Assistant City Attorney] (b) Proposed ORDINANCE MO. 91 -23 being, AN ORDINANCE OF THE CITY COUi�3IL OF THE CITY OF NEWPORT BEACH ESTABLISHING A SPECIAL FUND TO RECEIVE REVENUE DISBURSED BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND REMITTED TO THE CITY OF NEWPORT BEACH FOR THE PURPOSE OF IMPLEMENTING PROGRAMS TO REDUCE AIR POLLUTION FROM MOTOR VEHICLES. [Report from the Planning Department w /Supplemental Report] Volume 45 - Page 166 MINUTES 91 -54 Ord 91 -22 Veh /Trfc Skatebrdg/ Rollersktg (85) Ord 91 -23 SoCstAQMD/ Spcl Fnd (85) 9 CITY OF NEWPORT BEACH* COUNCIL MEMBERS �� May 28, 1991 ROLL CFl L MINUTES INEX Schedule for public hearing on June 10, 1991: (c) Proposed ORDINANCE NO. 91 -24, Ord 91 -24 being. SAHghts AN ORDINANCE OF THE CITY SPD /LUP COUNCIL OF THE CITY OF Zoning NEWPORT BEACH AMENDING THE (94) SANTA ANA HEIGHTS SPECIFIC PLAN DISTRICT LAND USE PLAN SO AS TO RECLASSIFY THE PROPERTIES NORTHWESTERLY OF THE ADOPTED ALIGNMENT FOR BIRCH STREET/MESA DRIVE IN SANTA ANA HEIGHTS, FROM THE R -1 (19,800) DISTRICT TO THE BUSINESS PARR DISTRICT. PROPERTY LOCATED AT 2001, 2011, 2031, AND 2041 MESA DRIVE, ON THE NORTHEASTERLY SIDE OF MESA DRIVE, BETWEEN ACACIA STREET AND BIRCH STREET, IN SANTA ANA HEIGHTS. (PLANNING PCA 732 COMMISSION AMENDMENT NO. 732) [Report from the Planning Department]. (d) Proposed ORDINANCE NO. 91 -25, Ord 91 -25 being. Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO PERMIT ADDITIONAL USES TO THE MARINERS MILE, CANNERY VILLAGE/NCFADDEN SQUARE, AND NEWPORT SHORES SPECIFIC AREA PLANS. (PLANNING PCA 733 COMMISSION AMENDMENT NO. - 733) [Report from the Planning Department]. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar (refer to agenda item G.1 for Council action). (b) Resolution No. 91 -56 endorsing the PW /MstrPln REGIONAL FUNDING PROGRAM ArtHwys CONSISTENCY AND ELIGIBILITY Res 91 -56 CRITERIA APPROVED BY THE ORANGE COUNTY DIVISION OF THE LEAGUE OF (74) CALIFORNIA CITIES; and attesting that the City has made no unilateral reduction in lanes on any MEASURE "N" MASTER PLAN OF ARTERIAL HIGHWAYS (MPAH) CONSISTENCY REQUIREMENT. [Report from the Public Works Department w /letter from Orange County Division /League of California Cities] 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk Marinapark to execute Agreement Transferring MH Sp 4 -C MARINAPARR MOBILEHOME SPACE 4 -C C -2865 from Arthur F. and Daphne Elliott. (38) O..I -- Ac _ W--- 147 0 CITY OF NEWPORT BEACH 0 � a ea• ROLL �� May 28. 1991 MINUTES u .� - .o9 .. ..... :y (b) Award Contract No. 2727 to Raymor Lido Is St Electric Company, Inc., for Light Rplcr STREET $748,800 for LIDO ISLE C -2727 LIGHT REPLACEMENT; and authorize the Mayor and City Clerk to (38) execute subject contract. [Report from the Public Works Department] (c) Authorize the Mayor and City Clerk NptBl Wdngi to execute Amendment No. 2 to 32nd St /PCI Contract 2642 -C NEWPORT BOULEVARD Amnd 112 WIDENING, 32ND STREET TO COAST C- 2642 -C HIGHWAY - Agreement with CalTrans for funding reabandonment of oil (38) well and approve Budget Amendment for $200,000. [Report from the Public Works Department] (d) Authorize the Mayor and City Clerk Carnation to execute Cooperative Agreement Coves Bch/ No. D89 -076 with the County of OCHrbr Grange/Harbor, Beaches and Parks (Contract No. 2745 -A for CARNATION C- 2745 -A COVES BEACH REPLENISHMENT) (38). [Report from the Public Works Department] (e) Approve a Reimbursement Agreement 0/C Sanitn with the Orange County Sanitation Dist /PCH District to CONSTRUCT MEDIANS Medians ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR; and authorize the C -2843 Mayor and City Clerk to execute (38) subject agreement. [Report from the Public Works Department] (f) Authorize the Mayor and City Clerk 0/C Health to approve renewal of Contract Sery Agm/ 1802 - ORANGE COUNTY HEALTH Mnuar OCHCare Agc SERVICE AGREEMENT /ORANGE COUNTY HEALTH CARE AGENCY. [Report from Business License Supervisor] (38) 4. COMMUNICATIONS - For referral as indicated: (a) To Police - apartment for response, PD letter from the Lido Sands (70) Community Association concerning City's policy for ACCESS RESTRICTIONS DURING FOURTH OF JULY HOLIDAY placed upon residents of Lido Sands Community and the adjacent :Teas. (b) To Utilities Department for Utilities inclusion in the records, letter (89) of commendation from Mr. and Mrs. C. W. Masters concerning CITY EMPLOYEES Ron Risley and Mark Mahon. (c) To Parks, Beaches and Recreation PB &R for response, letter from Total (62) Property Management concerning NEWPORT BEACH TOWNHONES HOMEOWNERS ASSOCIATION BASKETBALL COURT INSTALLED AT CHANNEL PARK. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. .� - .o9 .. ..... :y 0 CITY OF NEWPORT BEACH COUKIL MEMBERS May 28, 1991 6 7 CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) David Michael Betts alleging personal injuries to his wrist as a result of excessive force by City Police Officers when arrested on February 27, 1991. (b) Janice Dianne Rausen alleging personal injuries, mental distress, pain and suffering, etc., as a result of being arrested on February 4 and 14, 1991 at the City Police Department. MINUTES (36) Betts (c) Alice B. Lewis alleging nylon car ILewis cover stolen from her vehicle while parked in lot for three days when she returned from Mexico with Oasis travel, group on May 2, 1991. (d) Orange County Transit District O /C Trnst alleging City Police vehicle hit Dist bus on Balboa Boulevard on April 1, 1991. I (e) Debra Quigley alleging damage to Quigley her vehicle as a result of collision on May 8, 1991 with the Police Department, while pulling out of parking space at 369 E. 17th Street. (f) Jean Schwalbe alleging tree roots Schwalbe from City trees continue to grow under sidewalk walkway leading to ramp for wheelchair at 2860 Alta Vista Drive, making this walkway hazardous. (g) Nancy E. Stoller alleging property Stoller damage as a result of major break in sewer line at 100 Via Florence and Via Lido Soud on April 11, 1991. For rejection: (h) Late Claim of James Reilly seeking Reilly reimbursement of $141 for Hoag Hospital examination after fly larvae appeared in his City water supply in July 1989. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Shirley Jordan for damages, Orange Jordan County Superior Court Case No. 64- 97-49. Claim was denied by the City Council on August 13, 1991. (b) Tracey A. Melugin, Orange County Melugin Superior Court, Case 652908. Claim was denied by the City Council on November 13, 1990. Volume 45 - Page 169 R 0 CITY OF NEWPORT BEACH 9 COUNCIL MEMBERS \0�`I \ May 28, 1991 (c) David Wintle, Maggie Wintle, Nell Kepner and Nancy Chagollan for personal injuries and property damage, Orange County Superior Court, Case No. 657473. S. REQUEST TO APPROVE/FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Utilities Specialist II, Utilities Department. (b) One Recreation Coordinator, Sr. Citizens Division, Parks, Beaches and Recreation Department. (c) One Building Maintenance Worker I, Sr. Citizens Division, Parks, Beaches and Recreation Department. 9. STAFF AND COMMISSION REPORTS - For City Council information and filing: (a) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION AT THE MEETING OF MAY 9, 1991. 10. PUBLIC HEARING SCHEDULING - June 10, 1991: (a) GENERAL PLAN AMENDMENT NO. 89 -2(A) - A request to amend the Land Use Element of the General Plan so as to redesignate properties northwesterly of the adopted alignment for Birch Street/Mesa Drive in Santa Ana Heights, from Single - Family Detached to Administrative, Professional and Financial Commercial and to establish floor area limits consistent with the Business Park uses in the Santa Ana Heights Specific Plan Area. [Refer to report w /..genda item F -1(c)] (b) CONSTRUCTION OF SIDEWALK ON THE EASTERLY SIDE OF 10TH STREET BETWEEN ALLEY 245 G AND BALBOA BOULEVARD ADJACENT TO 934 WEST BALBOA BOULEVARD - Direct staff to use the procedure of "Chapter 27 of the Improvement Act of 1911;" and set public hearing for 7:00 p.m. on June 10, 1991 to hear protests from anyone who does not desire subject improvements. [Report from the Public Works Department] (c) APPEAL APPLICATION OF JOE PORTO FOR USE PEE MIT NO. 1995(A). (d) APPEAL APPLICATION OF KAN FOY YEE FOR MODIFICATION NO. 3840. 11. 121 AGATE STREET, BALBOA ISLAND, CONDOMINIUM DEVELOPMENT - Approve a Construction and Maintenance Agreement for Nonstandard Improvements for FIRE SERVICE and its connecting piping; and authorize the Mayor and City Clerk to Volume 45 - Page 170 MINUTES INDEX Wintle/ Kepner/ Chagollan (66) Planning (68) GPA 89 -2(A) (45) Cnstr Sdwlk/ Bal B1 /10th (74) U/P 1995(A) (88) Modification 3840 (94) Permit /121 Agate St (65) 0 CITY OF NEWPORT BEACH rCITTWOELA =1121Z ROLL \ \V\\\\\, �\ May 28. 1991 . ,�II.IIIX'j INDEX execute subject agreement and direct City Clerk to have Orange County Recorder record subject agreement. [Report from the Utilities Director] 12. BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR Bk Bay Dr EASTBLUFF DRIVE AND CORONA DEL MAR Drng Cntnm/ SIDEWALK REPLACEMENT (C -2779) - Accept Easblf /CdM completion of the contract; authorize Sdwlk Rplca the City Clerk to file a Notice of Completion and release the bonds 35 days C -2779 after the Notice of Completion has been (38) recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 13. 1990 -91 STREET MISCELLANEOUS 190 -91 St RECONSTRUCTION AND RESURFACING PROGRAM Misc Rcnsti (C -2810) - Approve the plans and Rsfrcg Prg specifications; and authorize the City Clerk to advertise for bids to be opened C -2810 at 11:00 A.M. on June 14, 1991. [Report (38) from the Public Works Department] 14. 1990 -91 SEWER MAIN REPLACEMENT PROGRAM 190 -91 Swr (Contract No. 2831) - Approve the plans Mn Rplcm and specifications; and authorize the Prg City Clerk to advertise for bids to be C -2831 opened at 11:00 a.m. June 27, 1991. [Report from the Public Works (38) Department] 15. USE PERMIT NO. 3342 (Resubdivision No. U/P 3342/ 811) - Approve an agreement guaranteeing Resub 811 completion of the public improvements required with Use Permit No. 3342 and (88) Resubdivision No. 811 located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive, Corona del Mar; and authorize the Mayor and the City Clerk to execute the agreement. [Report from the Public Works Department] 16. RESUBDIVISION NO. 688 - Approve the Resub 688 improvement plans and specifications and (84) accept the public improvements constructed in conjunction with Resubdivision No. 688, located at 3101 East Coast Highway on the southerly side of West Coast Highway between Newport Boulevard and Riverside Avenue, in the Mariners Mile Specific Plan Area; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 71168 -25) and release the Labor and Materials Bond (Bond No. 71168 -25) in six months provided no claims have been filed. [Report from the Public Works Department] 17. ENCROACHMENT AGREEMENT FOR CONSTRUCTION Permit /Enc AND MAINTENANCE OF PRIVATE IMPROVEMENTS 411 Avocad WITHIN THE PUBLIC UTILITY AND ACCESS (65) EASEMENT SERVING LOT 184 OF TRACT NO. 2813, ALSO KNOWN AS 411 AVOCADO AVENUE, CORONA DEL MAR - Approve an Encroachment Agreement permitting the construction of textured concrete paving, turf block, catch basin and access gates within the public utility and access easement located adjacent to 411 Avocado Avenue; 9 CITY OF NEWPORT BEACH* urn i \ \\\ May 28, 1991 r MINUTES TRIP "Y [9 authorize the Mayor and the City Clerk to execute the agreement; and direct the City Clerk to have the agreement recorded with the Orange County Recorder. [Report from the Public Works Department] 18. SPECIAL EVENTS APPLICATIONS - Uphold Bus Lic/ staff's recommendation to approve the Special Evr following applications, subject to (27) conditions listed in the staff report. (Report from Business License Supervisor) (a) Application No. 91 -111 of Apli 91 -111 Christina Sink and Michael Lowe for the use of amplified sound for their wedding at Grant Howald Park on 6/08/91, from 6:00 to 8:00 PM. (b) Application No. 91 -114 of Apli 91 -111 Pacific Public Radio for the use of amplified sound for their jazz concert at the Hyatt Newporter Hotel on June 1 and 2 from 8:30 to 11:30 PH. (c) Application No. 91 -123 of Apli 91 -12: MacFadden Square Improve- ment Association for the use of amplified sound for their dedication of McFadden Square at the base of the Newport Pier on June 18, from 5:00 to 7:00 PM. (d) Application No. 91 -151 of Apli 91 -15. Newport Beach Lifeguard Association for the use of the public beach for their 2 mile ocean swimming race at the base of Balboa 6 Newport Piers on July 6, fro?.. 9:00 AM to noon. (e) Application No. 91 -157 of Apli 91 -15: Julie Ledwick & James Phillips for the use of amplified sound for their wedding at Lookout Point on Jcn� 9, from 2:00 to 4:00 PM. (f) Application No. 91 -171 of Apli 91 -17: Sherman Library & Gardens for the use of amplified sound for their 25th Anniversary Party at 2647 E. Coast Highway on July 27 from 6:00 to 11:00 PM. (g) Application No. 91 -175 of Apli 91 -17. Big Canyon Country Club for a fireworks display for their 4th of July fireworks celebrations at the first and ninth fairways of the Big Canyon Golf Course on July 4 from 9:00 to 10:00 PM. [9 0 C I TY OF NEIYPORT BEACH 0 COUNCIL MEMBERS \\"I"1\ May 28, 1991 rm i rw MINUTES TNTCY 19. CITY COUNCIL TRAVEL AUTHORIZATION AND Cncl Trvl EXPENSE RECORD - Approve subject expense Auth /Expns for Council Member Ruthelyn Plummer for (33) $850.87 to attend the Offshore Oil meeting in Washington, D.C., from April 27 - May 1, 1991. 20. COMMERCIAL HARBOR PERMIT APPLICATION Cmcl Harbor APPEAL FROM PACIFIC ADVENTURE Permit CHARTERS /504 SOUTH BAY FRONT - Refer to Tidelands Affairs Committee for report Appeal Apl back. [Appeal letter w/Marine 504 S Bay Director's letter of denial and Front findings] (51) 21. BUDGET AMENDMENTS - For approval: (40) BA -041, $2,055 - Transfer in Budget Appropriations for special refuse collection for Balboa Island; General Services- Refuse Fund. [Report from GS General Services Director w /Balboa (44) Island Improvement Association request] BA -042, $960 - Transfer in Budget Appropriations for special refuse collection for Jasmine Creek Community Association; General Services - Refuse Fund. [Report from General Services GS Director w /Jasmine Creek Community (44) Association request] BA -043, $200,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for Newport Boulevard Widening, 32nd Street to Coast Highway - Amended Agreement with CalTrans to reabandon oil well (Contract No. 2642 -C); Circulation /Transportation Fund. [Refer to report w /agenda item F- 3(c)] G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Utilities Director Utilities recommending adoption of proposed Wtr Cnsrvti resolution setting the WATER (89) CONSERVATION RATE at 80% of the Base Year; requiring a cutback in water use of 208. Motion x Council Member Hedges referenced the Res 91 -55 All Ayes subject document and commented that he wished to emphasize to the public that the City has been on a 20% water consumption cutback with associated penalties, and that the water drought in California is still "very much alive," and made a motion to adopt Resolution No. 91 -55. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 91 -20, being, Ord 91 -20 Basic Wtr AN ORDINANCE OF THE CITY COUNCIL Qnty Rate OF THE CITY OF NEWPORT BEACH ANMING SECTION 14.12.090 TO THE (89) NEWPORT BEACH MUNICIPAL CODE TO INCREASE THE BASIC WATER QUANTITY RATE AT $1.18 PER HUNDRED CUBIC FEET. 0 C I TY OF NEWPORT' EEAM9 COUNCIL M99ERS May CflLL�� \ \ \�� \\ y 28, 1991 ROLL MINUTES 1011 Informational Addendum from the Utilities Director, together with recycled report of May 13, 1991. Motion x Motion was made to adopt Ordinance No. 91 -20. Council Member Hedges reiterated some of his comments made at the May 13, 1991 City Council meeting as set forth in his memorandum dated that date. He stated that in order to hold the rate increase down from $1.24, which is the rate it would be otherwise, the Utilities Committee has elected to transfer $500,000 from its reserve account to keep the rate at $1.18. He stated he does not feel that this transfer is a sound idea, as good water policy requires that water be treated like any other scarce commodity in a free market. He felt a good water policy demands that the City let the water rate float for what the price of water is, and not transfer monies from a capital reserve account to "cushion the blow." He also felt that if the reserve account is to be used, he knows of improvements where the funds could be better spent. Motion x In view of the foregoing comments, Ayes x x x Council Member Hedges made a substitute Noes x x x x motion to adopt Ordinance No. 91 -20 with the basic water quantity rate set at $1.24 per hundred cubic feet, which motion FAILED. All Ayes The original motion as made by Council Member Hart was voted on and carried. 2. Proposed ORDINANCE NO. 91 -21, being, Ord 91 -21 Utilities AN ORDINANCE OF THE CITY COUNCIL Swr Use /Wsl OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.25.065 OF THE Wtr Srchrg NEWPORT BEACH MUNICIPAL CODE BY (89) DECREASitit THE SEWER USE CHARGE FOR CUSTOMERS PURCHASING WATER FROM THE CITY, INCREASING SEWER USE CHARGE FOR CUSTOMERS NOT PURCHASING WATER FROM THE CITY, ESTABLISHING A WASTEWATER SURCHARGE ON CERTAIN NONIRRIGATION WATER MEYBS AND ESTABLISHING A SEWER CONSUMPTION CHARGE ON WATER DELIVERED BY THE CITY. Recycled report of May 13, 1991, from the Utilities Director. Motion x Motion was made to adopt Ordinance No. All Ayes 91 -21. I. CONTINUED BUSINESS: 1. Report from the Planning Department Planning/ regarding the ANNUAL RENTAL VACANCY RATE Anul Rentl SURVEY. Vcncy Rt Srvy (68) wnl,ima A% - ➢non 17A 0 CITY OF NEWPORT BEACH 0 COUNCIL MEMBERS on r\ \N May 28, 1991 • r MINUTES INI1Ex LC It was noted that the City's Condominium Anul Rentl Ordinance requires the Council to Vcncy Rt establish the Rental Vacancy Rate each Srvy year. A minimum of 15% of the City's rental units are to be included in the survey. The survey discussed in this staff report was conducted for the month of April during May, 1991, and is the twelfth survey since the adoption of the Ordinance. At the direction of the City Council, staff has excluded mobile homes and single - family rentals from this survey since they are a portion of the rental housing stock that cannot be converted to condominiums. It was recommended the Council establish the vacancy rate at 5.02 %, or 4.90% (overall weighted vacancy rate). The Planning Director commented that the reason for the two alternatives under consideration is that last year, the survey included two large apartment complexes (Oakwood and Park Newport) which had a change in occupancy characteristics, and therefore the Council requested two vacancy rates, i.e., with and without the two projects. In setting up the survey this year, it was done the same as last year, but the circumstances are now different, and in essence, there should only be one recommended vacancy rate for consideration. Motion x Motion was made to establish the vacancy rate for 1991 at 4.90 %. Council Member Plummer requested that at a future study session, the condominium conversion ordinance be reviewed again with a look to some possible modifi- cations, to which there were no objections. Ayes x x x x x x The motion was voted on and carried. Noes x 2. HARBOR QUALITY CITIZENS ADVISORY Harbor COMMITTEE VACANCY. Quality M Motion x Motion was made to confirm (District 7) All Ayes Council Member Cox's appointment of Richard Wood to fill the unexpired term of Mark S. Gaughan ending December 31, 1991. J. CURRENT BUSINESS: 1. Report from Public Works Department- Parking/ Traffic Engineer concerning METERED 32nd St PARKING ON 32ND STREET. (85) Letter signed by Charles 0. Russell [Chuck's Barber Shop]; Evelyn Johnson [Evelyn's Barber Shop]; Mary Williams [The Latest Thing]; Jonella Tesons [Second Time Around] requesting consideration to restore the parking lot in front of City Hall. Copy of "letter to the Editor," from Charles 0. Russell [Chuck's Barber Shop]; and postcard from Kendrick Kinney objecting to parking being taken away from front of City Hall. v..i..",e Ac - V., . 175 LC CITY OF NEVORT BEACH COUNCIL MEMBERS MINUTES ROLL \ May 28, 1991 INDEX 43 - Page 1I The City Clerk advised that after the Parking/ agenda was printed, a letter was 32nd St received from Jennifer I. Fishbein, opposing the planting of turf in front of City Hall. It was recommended by staff that six, nonblue meters on the City Hall side be changed from a twelve hour limit to two hours. Four of the two hour meters on the southerly side of the street will be changed to one hour meters and another two will be changed to a 30 minute limit. In response to question raised by Council Member Plummer regarding parking spaces which were lost as a result of the Newport Boulevard widening, the Public Works Director stated that the Pavilion parking lot lost 11 or 12 spaces, but were made up when the parking lot was restriped. Of the 46 spaces in front of City Hall, those were made up by providing 34 additional spaces on 32nd Street and Villa Way and by providing 12 additional parking spaces in the existing City Hall facility by allowing City vehicles to be used for car pooling. The following persons addressed the Council in support of replacing the parking in front of City Hall; restricting parking on 32nd Street to 1 -hour parking, and reinstating the loading zone on 32nd Street: Charles Russell, 432 -1/2 32nd Street (Chuck's barber shop) Kimberly Adkins, 406 32nd Street (gift and basket store) Mary Lou Williams, 406 32nd Street (gift and basket store) Barbara Shafer, 404 32nd Street (tile shop) Evelyn Johnson, 410 32nd Street (Evelyn's barber shop) Ton Trieu, 410 32nd Street (Elegant Nail Boutique) Jonella Tesone, 432 32nd Street (Second Time Around), submitted a letter with petition Motion x Following discussion, motion was made by All Ayes Council Member Hedges to: 1) relocate all blue meters on 32nd Street to the 30th Street lot; 2) establish all one- hour meters on the south side of 32nd Street, with the exception of two meters which will be 30- minute meters; and 3) replace the loading zone on the south side of 32nd Street. In addition to the above, staff was directed to report back at a future study session, the feasibility of restoring parking (angle or parallel) in front of City Hall, including cost estimates, etc. 43 - Page 1I *CITY OF NEWPORT BEACH i COUNCIL MEMBERS oru \� �o\\ May 28, 1991 MINUTES. TMYY 3 2. BICYCLE TEAMS CITIZENS ADVISORY BT /CAC COMMITTEE VACANCY. (24) Motion x Motion was made to accept with regret All Ayes the resignation of Jeremy D. Jacobson, and defer to June 10, 1991, (District 1) Council Member Hedges' appointment to fill the unexpired term ending December 31, 1991. 3. RESOLUTION ESTABLISHING THE CITY COUNCIL Central AD HOC COMMITTEE FOR THE CENTRAL BALBOA Balboa SAP SPECIFIC AREA PLAN. Ad Hoc Cmti Motion x Motion was made to adopt Resolution No. (24) All Ayes 91 -57, and appoint Council Members Hedges and Plummer to the subject ad hoc Res 91 -57 committee. Meeting adjourned at 10:45 p.m. The agenda for this meeting was posted on May 23, 1991 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 3 a • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 0 i i TO: FINANCE DIRECTOR -.7- —/ 4 —V / DATE: February 14, 1991 SUBJECT: Contract No. C- 2642(C) Description of Contract Amendment to Agreement for Funding and Administration of Project Construction for Newport Boulevard Widening (32nd Street to Coast Highway) Effective date of Contract November 26, 1990 Authorized by Minute Action, approved on November 26, 1990 Contract with CALTRANS Address District 12 2501 Pullman St.. Santa Ana, CA 92705 Amount of Contract (See Agreement) "94a6's edle Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach BY CTO: City Council FROM: Public Works Department NOV 2 6 1990 November 26, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(a) SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY (C -2642) RECOMMENDATIONS: 1. Authorize the Mayor and City Clerk to execute-Amendment No,-.1-to-Agreement. (C- 2642 -A) with State for funding -of project:design and right -of -way acquisition. 7- V2. Authorize the Mayor and City Clerk to execute-Amendment No.ml-to- Agreement (C- 2642 -C) with •State- for -- funding and administration of project construction. 3 3. ward. >nContract No. -- 2642---to - Brutoco - Engineering and Construction, Inc. for $3,940,590.00 and authorize the Mayor and City Clerk to execute the contract subject to Caltrans execution of Amendment No. 1 to Agreement (C- 2642 -C). 4. Approve budget amendments. DISCUSSION: I. Introduction On October 22, 1990, the City Council approved an agreement with Brutoco Engineering and Construction Inc. to extend the award date for Contract No. 2642 and directed City staff to pursue additional funding needed for construction of the project. On November 6, 1990, the State of California Transportation Commission approved the additional funding needed for the State's share of the project cost. Since that time City staff has worked with Caltrans to amend the project administration agreements necessary to provide for the State's share of project cost and prepared budget amendments for City Council consideration necessary to provide for the City's share of the project cost. A copy of the October 22, 1990, City Council report describing the scope of work, bid analysis and project background is attached. CII. Agreement for Design & Right -of -Way \ Amendment No. 1 to Agreement C- 2642 -A .(State Agreement No. 3775, Project Design and Right -of -Way Acquisition) provides for 1) increase design cost of $50,000 shared equally by the City and State; 2) Right -of -Way acquisition cost of $672,000 shared equally by the City and State; and 3) extends term of Agreement to December 31, 1991. ;t: Newport (C -2642) per 26, 1990 - 0 Boulevard Widening 32nd Street to Coast Highway Project Costs (portion included in Agreement C- 2642 -A) as follows: City's State's Total Description Share Share Cost Plans, Special Provisions and Estimates Preparation $175,000 $125,000 $300,000 Right -of -Way Acquisition * 336,000 336,000 ** 672,000 Total $511,000 $461,000 $972,000 * The cost reimbursement payable by City to State will be the balance of $336,000 less the City's expense of $45,000 for right -of -way obligation or $291,000.. ** The cost includes Mobil Gas Station acquisition cost of $627,000 and City's right -of -way obligation of $45,000 to Lido Mall parking f lot. ■` III. Agreement for Construction Administration Amendment No. 1 to Agreement C- 2642 -C (State Agreement No. 12 -037, Project Construction Administration) provides for increased construction costs as follows: city's State's Total Description share Share Cost Construction $2,262,350 $1,678,650 $3,941,000 Construction Engineering Administration & Contingency 533,150 395,950 929,100 Total $2,795,500 $2,074,600 $4,870,100 In addition to the increase in construction and related engineering and contingency costs, this amendment eliminates the removal of contaminated soil from. the Mobil Gas Station .under the City's contract. Clean -up of any contaminated soil encountered on the project will be provided for under a separate contract to be administered by Caltrans. IV. Construction Staging and Traffic Control Due to the high traffic volumes and the restricted working area along Newport Boulevard and the Newport Channel Bridge, particular attention has been given to construction staging and traffic 16 Subject: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) November 26, 1990 , Page 3 control. Construction staging and detours have been designed to maintain two lanes of travel in both directions along Newport Boulevard most of the time. However, there will be times when traffic is restricted to one lane. Where possible that work has been scheduled for night time hours, with traffic returned to two lanes in each direction by 6:00 A.M. There will also be times when traffic detours are being set -up and /or construction operations require lane closures. The project specifications require that those lane closures be held to a minimum. A construction staging report which describes traffic control, construction staging and estimated working days is attached. In an effort to inform the public, City staff will publish a. periodic newsletter with information regarding construction status, traffic restrictions and detour instructions. The project will require 280 working days (1 year and 2 months) to complete the work. Due to the size and complexity of the project and the fact that construction will extend over the entire year, some delays in completion of the work are anticipated. Unforseen contingencies, and delays due to weather, can be expected to add 2 months to the required project working days; resulting in a project construction period of 1 year and 4 months. In order to allow time for Caltrans to execute the Amended Project Administration Agreement and to avoid disrupting traffic and parking in the City Hall area during the holiday season, the Contractor will be directed to begin work in January with completion of the project anticipated by May 1992. V. Protest of Contract Award The second low bidder, Excel Paving of Long Beach, has protested award of the contract to Brutoco Engineering and Construction, Inc. Excel Paving claims that Brutoco has not met the required Disadvantaged Business Enterprize (DBE) Goals required by the project specifications. Excel Paving claims that Miguel Construction of Rialto, Brutoco's DBE subcontractor, was not certified as a DBE contractor by Caltrans at the time of the bid opening on September 11, 1990. Caltrans Office of Civil Rights in Sacramento reviewed Excel Paving's protest and has notified the City that Miguel Construction of Rialto was certified as a (DBE) Contractor on September 11, 1990. Caltrans letter dated November 15, 1990, is attached. M is /page ect: Newport Boulevard Widening 32nd Street to Coast Highway (C -2642) mber 26, 1990 4 VI. Fundina In addition to funds in the current City budget, the following budget amendments are required: Description Amount From To Water $140,000 Water Fund Reserve 50- 9297 -205 Circulation and .Transportation 200,000 26- 3326 -004 State Contributions 500,000 Caltrans 25- 3326 -004 VII. Recommendation Approve the amended project agreements with Caltrans and the proposed budget amendments and award Contract No. C -2642 to Brutoco Engineering and Construction Inc. for $3,940,590 subject to Caltrans execution of Amendment No. 1 to Agreement C- 2642 -C (Project Administration Agreement). Benjamin B. Nolan Public Works Director JW:so Attachments Y� STATE OF CALIFORNIA— BUSINESS AND TRANSWATION AGENCY PETE WILSON, Gommor DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN ST. SANTA ANA, CA 92705 AEM �s January 28, 1991 12- ORA -55 0.0/0.3 32nd St. to Route 1 12207 - 018791 W District Agreement No. 12 -037 A -1 Donald L. Webb City Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Subject: Executed Cooperative Agreement Dear Mr. Webb: Enclosed for your files is a copy of the fully executed Agreement No. 12 -037 A -1 (Document No. 7176) between the State of California and the City of Newport Beach to provide for the design of improvements to Newport Boulevard from 32nd Street to Route 1. Thank you for your cooperation in the processing of this Agreement and if you have any questions please contact me at (714) 724 -2134. Sinerely, TO � PETER CHAN, Chief Project Management State /Local Projects Enclosures See attached for distribution. FFB 0 h�. , 4 x`731 • f Final Distribution of Cooperative Agreements. cc: Letter Hubert Himes - DDD Project Engineering Doug Tugwell - DDD Project Management Flo Levario - Branch Chief Consultant Services Mario Montes - Fluor representative cc: Letter with Agreement Shu Yu - Accounting Bill Bengtson - Permits George Kopjak - Program Management Tom Almany III - Maintenance Roger Williams - Right of Way Acquisitions Phil Brierly - Right of Way Local Programs Kelli Dykman - Right of Way Utilities Fred Hamidi - Construction Roxanne Baker - Resource Management Project Management files Cooperative Agreement files c- z6�z(C� 12- ORA -55 0.0/0.3 32nd Street to Route 1 12207 - 018791 District Agreement No. 12 -037 A -1 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON Ma✓EM'Sek ZG 1990, is between the State of California, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY. FLO CQ District Agreement No. 12 -037 A -1 RECITALS 1. The parties hereto entered into an Agreement (District Agreement No. 12 -037, Document No. 7176) on May 14, 1990. Said Agreement defining the terms and conditions for construction, finance and maintenance of improvements to Newport Boulevard from 32nd street to Route 1, referred to herein as PROJECT. 2. Said Agreement defines the terms and conditions under which PROJECT shall be constructed, financed and maintained. 3. STATE and CITY desire to increase the total cost for PROJECT to cover STATE'S and CITY'S share of construction and construction engineering cost. IT IS THEREFORE MUTUALLY AGREED: 1. That Article 1 of Section I, of the original Agreement is amended to read: "To bear 50% of all costs for construction of PROJECT and to bear all costs for construction of PROJECT BETTERMENT, including construction engineering, as shown on Exhibit A -lA attached and made a part of this Amendment to Agreement. 2 District Agreement No. 12 -037 A -1 CITY'S total obligation for said PROJECT and PROJECT BETTERMENT construction and construction engineering costs under this Agreement, excluding costs referred to in Section III,Article 15, shall not exceed the amount of $2,796,000 provided that CITY may, at its sole discretion, in writing, authorize a greater amount." 2. That Article 1 of Section II, of the original Agreement is amended to read: "To bear 50% of all actual construction and construction engineering costs for PROJECT, as shown on Exhibit A -1, attached and made a part of this Amendment to Agreement, and as otherwise provided for herein. STATE'S total obligation for said PROJECT construction and construction engineering costs under this Agreement, excluding costs referred to in Section III, Article 15, shall not exceed the amount of $2,075,000 without STATE'S written approval." 3. That Article 3 of Section II, of the original Agreement is amended to read: "To deposit with CITY within 15 days after awarding of PROJECT the amount estimated to be required to cover construction progress payments for the highest month of construction 3 0 0 District Agreement No. 12 -037 A -1 activity. Thereafter to reimburse CITY for monthly construction contract progress payments made by CITY to contractor. the deposit will be determined as shown on Exhibit B -1, attached and made a part of this Amendment to Agreement. Reimbursement of monthly progress payments shall be made to CITY within 45 days after submittal." 4. That first and third Sentences of Article 2 of Section III, of the original Agreement is amended to read: "The total construction costs payable by STATE to CITY under this Agreement shall not exceed $1,763,000 without written approval from STATE. The total construction engineering costs payable by STATE to CITY under this Agreement shall not exceed $312,000 without written approval from STATE. The totals may be increased by amendment to this Agreement" The other terms and conditions of said Agreement (Document No. 7176) shall remain in full force and effect. 4 0 0 District Agreement No. 12 -037 A -1 This Amendment to Agreement is hereby deemed to be part of Document No. 7176.. STATE OF CALIFORNIA Department of Transportation CITY OF NEWPORT BEACH ROBERT K. BEST By: Director of Transportation M yor By: �� Approved as to Form and At Depaftent of Trand'pbrtation Certified as to Funds and procedure District Acco ling Officer 5 as to Form City Attorney District Agreement No. 12 -037 A -1 12- ORA -55 0.0/0.3 12 -207 - 018791 EXHIBIT A -1 Const. Survey $ 70,000 CITY'S STATE'S Description Total cost share share Bridge $ 1,789,000 $ 894,500 $ 894,500 Roadway $ 1,568,300 $ 784,150 $ 784,150 Betterment $ 583.700 S 583.700 $ 0 Subtotal $ 3,941,000 $ 2,262,350 $ 1,678,650 Contingency (5 %) $ 197,100 $ 113,150 $ 83,950 const. Total $ 4,138,100 $ 2,375,500 $ 1,762,600 Const. Survey $ 70,000 $ 40,000 $ 30,000 Const. Engr (16 %) S 662.000 S 380.000 S 282.000 Total $ 4,870,100 $ 2,795,500 $ 2,074,600 CA 0 District Agreement No. 12 -037 A -1 12- ORA-55 0.0/0.3 12 -207 - 018791 EXHIBIT B -1 Calculation for STATE'S initial deposit Total construction States's share (Including 53 contingency) Construction time Average cost per month $1.763.000 12 Highest Average Month Average Cost per month x1.2 $146,917x1.2 Initial deposit to city n $1,763,000 12 months $146,917 $176,300 $176.300 CIO 40I TY OF NE"ORT BEAM COUNCIL MEMBERS ROLL CRO� \\���0� \\ November 26, 1990 MINUTES INDEX CERTt ....... CITY C I£Q -.... EkK I S ....._9.. F THE RUE CITY F NF CORRECT r 6EA COP H 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement for NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY (CONTRACT NO. 2642[A]) with the State for funding of project design and right -of -way acquisition; authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement (CONTRACT NO. 2642[C]) with State for funding and administration of project Npt B1 Wdnc 32nd St C- 2642(A/C; (38) construction; award CONTRACT NO. 2642 to E P RT Brutoco Engineering and Construction, Caa 4 Inc. for $3,940,590.00, and authorize O \t the Mayor and City Clerk to execute the contract subject to CalTrans' execution J- of Amendment No. 1 to Agreement (CONTRACT NO. 2642[C]); and approve q/T -JP Budget Amendments. (Report from the Public Works Department) (b) Approve and authorize the Mayor and city 0/C Env Mg Clerk to execute an agreement with Agcy /Relo- Orange County Environmental Management care Swr M Agency (OCEMA) for cooperatively joining Mamilton- in a project to RELOCATE A CITY SEWER Victoria MAIN IN THE HAMILTON- VICTORIA BRIDGE. Brdg (Report from the Utilities Department) C -2841 (38) (c) Approve and authorize the Mayor and City 0/C Wtr Ds Clerk to execute an agreement with the "Green" ' Orange County Water District for Acres implementation of the "GREEN ACRES" C -2842 RECLAIMED WASTEWATER IRRIGATION PROJECT. (38) (Report from the Utilities Department) (d) Authorize the Mayor and City Clerk to C /Mesa & execute a Cooperative Financing .0 /C /Instlt Agreement with the City of Costa Mesa Sgnl Intrc and the County of Orange for Iry /SJstclf INSTALLATION OF TRAFFIC SIGNAL 17th /Orchr INTERCONNECT FACILITIES ON IRVINE AVENUE C -2815 BETWEEN WESTCLIFF DRIVE117TH STREET AND (38) ORCHARD DRIVE [CONTRACT NO. 2615). (Report from Public Works- Traffic Engineering) 4. COMMUNICATIONS - For referral as indicated: (a) To Traffic Affairs Committee for TAC response, letters from Carl Fulco, and (85) Robin and Linda Boyd in favor of closing BACK BAY ROAD at night. Volume 44 - Page 404 n I r I t/ i it 1 I i TO: 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 FINANCE DIRECTOR FROM: CITY CLERK DATE: December 12, 1990 SUBJECT: Contract No. C- 2642(C) Description of Contract Agreement for Widening of Newport Boulevard - 32nd Street to Coast Highway Effective date of Contract May 14, 1990 Authorized by Minute Action, approved on May 14, 1990 Contract with CALTRANS Address Amount of Contract (See Agreement) k" ' Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 04 • • is • MAY 1 41990 TO: City Council FROM: Public Works Department y ED • 0J� May 14, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(a) SUBJECT: AGREEMENT WITH , CALTRANS FOR THE WIDENING OF NEWP RT BOULEVARD - 32ND STREET TO COAST HIGHWAY (C- 2642)�C RECOMMENDATION: Approve agreement and authorize Mayor and City Clerk to execute. I�7�Y�IiAXy�i7:A The project proposes to widen the east side of Newport Boulevard and, with resurfacing and restriping of the existing roadway, will provide for three northbound lanes and sidewalk bike trail from 32nd Street to Coast Highway. The project will include new curb, gutter and sidewalk along the entire eastside of Newport Boulevard and the west side of Newport Boulevard from Finley Avenue to Short Street; a raised landscaped median along a portion of Newport Boulevard; left turn lanes at intersections; ramp construction to east bound Coast Highway from northbound Newport Boulevard; bridge widening on the east side of the Newport Channel Bridge; drainage improvements; water main and utility relocations; retaining walls where necessary; bulkheads; bus stops; traffic signal notifications; street light modifications; striping and signing; bike ramp construction and sidewalk widening to the west side of Newport Boulevard from north of the channel bridge to Short Street; landscaping; and modification to the City Hall parking lot and 32nd Street. This agreement is with CALTRANS and provides for administration and funding to construct the project. A summary of the agreement is as follows: STATE agrees to: 1. Bear 50% of construction and construction engineering cost for the work on the STATE highway portion of the project, Newport Boulevard - Finley Avenue to Coast Highway. 2. Provide structure and roadway representatives who will advise CITY'S Resident Engineer on matters pertaining to work within the STATE right -of -way. 3. Approve the plans, specifications and contract documents prior to advertising. 5. Provide all necessary permits and approvals for construction of project at no cost to CITY. CITY agrees to: 1. Bear 50% of construction and construction engineering cost for work on STATE highway portion of project, Newport Boulevard - Finley Avenue to Coast Highway. 2. Bear 100% of construction and construction engineering cost for the remaining work to Newport Boulevard between 32nd Street and Finley Avenue and modification to the City Hall parking lot and 32nd Street. 3. Advertise, award and administer construction of the project. 4. Furnish CALTRANS final project report. 5. Furnish CALTRANS a full -sized reproducible as -built plans. IT IS MUTUALLY agreed that: 1. Upon completion of project, CALTRANS will accept control and maintenance of roadways, bridges and appurtenances within STATE's right -of -way except street lighting south of the channel bridge and all landscaping. 2. Upon completion of project, CITY will accept control and maintenance of improvements outside of STATE right -of -way and maintenance of street lighting south of the channel bridge and all project landscaping. • 3. Termination of portions of agreement pertaining to construction shall occur upon completion and acceptance of the project construction contract by the CITY with concurrence of CALTRANS or on August 1, 1993, which ever is earlier in time. The operation and maintenance clauses shall remain in effect until terminated or modified by mutual agreement. Subject: Agreement with Caltrans for the Widening of Newport Boulevard - 32nd Street to Coast Highway (C -2642) May 14, 1990 Page 2 • 4. Designate a CALTRANS representative through whom all communications between the two agencies shall be channeled. 5. Provide all necessary permits and approvals for construction of project at no cost to CITY. CITY agrees to: 1. Bear 50% of construction and construction engineering cost for work on STATE highway portion of project, Newport Boulevard - Finley Avenue to Coast Highway. 2. Bear 100% of construction and construction engineering cost for the remaining work to Newport Boulevard between 32nd Street and Finley Avenue and modification to the City Hall parking lot and 32nd Street. 3. Advertise, award and administer construction of the project. 4. Furnish CALTRANS final project report. 5. Furnish CALTRANS a full -sized reproducible as -built plans. IT IS MUTUALLY agreed that: 1. Upon completion of project, CALTRANS will accept control and maintenance of roadways, bridges and appurtenances within STATE's right -of -way except street lighting south of the channel bridge and all landscaping. 2. Upon completion of project, CITY will accept control and maintenance of improvements outside of STATE right -of -way and maintenance of street lighting south of the channel bridge and all project landscaping. • 3. Termination of portions of agreement pertaining to construction shall occur upon completion and acceptance of the project construction contract by the CITY with concurrence of CALTRANS or on August 1, 1993, which ever is earlier in time. The operation and maintenance clauses shall remain in effect until terminated or modified by mutual agreement. The CITY Is share includes Orange County AHFP Funds in the amount of $700,000. The current budget includes funds to cover the CITY's, COUNTY's and STATE's share of the estimated project construction cost. Plans and specifications have been completed and are being reviewed by Orange County for final AHFP approval. The AHFP Project Administration Agreement will be ready for Council approval at the May 29th Council meeting. • Prior to advertising for bids, right -of -way and permit clearance must be provided by CALTRANS. Status is as follows: 1. Mobil Gas Station - Condemnation has been required to obtain the gas station property at the corner of Newport Boulevard and Finley Avenue. STATE will take possession of property when all permits are received. 2. Permits and Clearances a. Coastal Zone Permits has been received. b. Water Quality Control Board approval received. C. Coast Guard Permit - Public hearing regarding Coast Guard Permit was held in January 1990. Final Determination and permit processing by the Coast Guard is now estimated to be completed in early June 1990. Project schedule is proposed as follows: Advertise June 1990 • Award Contract August 1990 Begin Work September 1990 Complete Work September 1991 Benjamin B. Nolan Public Works Director JW:so Subject: Agreement with Caltrans for the Widening of Newport Boulevard - 32nd Street to Coast Highway (C -2642) May 14, 1990 Page 3 • The estimated cost of project construction is as follows: STATE CITY TOTAL Construction 1,340,000 1,574,000 2,914,000 Construction Survey 30,000 40,000 70,000 Admin. & Inspection 169,000 238,000 407,000 TOTAL 1,539,000 1,852,000 3,391,000 The CITY Is share includes Orange County AHFP Funds in the amount of $700,000. The current budget includes funds to cover the CITY's, COUNTY's and STATE's share of the estimated project construction cost. Plans and specifications have been completed and are being reviewed by Orange County for final AHFP approval. The AHFP Project Administration Agreement will be ready for Council approval at the May 29th Council meeting. • Prior to advertising for bids, right -of -way and permit clearance must be provided by CALTRANS. Status is as follows: 1. Mobil Gas Station - Condemnation has been required to obtain the gas station property at the corner of Newport Boulevard and Finley Avenue. STATE will take possession of property when all permits are received. 2. Permits and Clearances a. Coastal Zone Permits has been received. b. Water Quality Control Board approval received. C. Coast Guard Permit - Public hearing regarding Coast Guard Permit was held in January 1990. Final Determination and permit processing by the Coast Guard is now estimated to be completed in early June 1990. Project schedule is proposed as follows: Advertise June 1990 • Award Contract August 1990 Begin Work September 1990 Complete Work September 1991 Benjamin B. Nolan Public Works Director JW:so � t • 12- ORA -55 0.0/0.3 in the City of Newport Beach widen roadway and bridge and reconstruct ramps 12207 - 018791 District Agreement No. 12 -037 Category: 261 COOPERATIVE AGREEMENT ' THIS AGREEMENT, ENTERED INTO ON 19 is between the STATE OF CALIFORNIA, acti by and through its Department of Transportation, referre to herein as STATE,and CITY OF NEWPORT BEACH a body politic and a Municipal Corporation of the State of California, referred to herein as CITY I �J 1[ 1. STATE and CITY, pursuant to Streets and Highway Code Sections 114 and 130, are authorized to enter into a cooperative agreement for improvements to State highways within CITY. 2. STATE and CITY desire State highway improvements consisting of widening the easterly side of Newport Boulevard from center line of Finley Avenue to Pacific Coast Highway (Route 1), reconstructing the off -ramps from Northbound Route 55 to Eastbound Route 1 and from Eastbound Route 1 to Northbound Route 55, widening the east side of the Newport Channel Bridge No. 55 -35 and abutments, and constructing a ramp and widening sidewalk on the west side of Newport Boulevard from north of the Newport Channel Bridge to Short street referred to herein as "PROJECT ". CITY is willing to fund 50% of all capital outlay and staffing costs and STATE CA is willing to fund 50 %b of all capital outlay and staffing costs for "PROJECT ". 3. CITY desires to include the following additional improvements in conjunction with STATE "s PROJECT: a. Widening the east side of Newport Boulevard between 32nd Street and Center line of Finley Avenue. -2- 0 b. Reconstruct a portion of the City Hall parking lot. All improvements listed in Article 3 above will be referred to herein as "PROJECT BETTERMENTS ". 4. CITY desires to include PROJECT BETTERMENTS in the construction contract for PROJECT and is willing to administer the construction contract for PROJECT in order to bring about the earliest possible construction of PROJECT. .x 5. STATE is Agreeable to the inclusion of CITY's PROJECT BETTERMENTS in STATE's PROJECT and is prepared to authorize CITY to administer the construction contract for PROJECT. 6. STATE and CITY do mutually desire to cooperate in the construction of PROJECT and desire to specify herein the terms and conditions under which PROJECT and PROJECT BETTERMENTS will be constructed, financed, and maintained. �1 i� SECTION I CITY AGREES: 1. To bear 50% of all costs for construction of PROJECT and to bear all costs for construction of PROJECT BETTERMENTS, including construction engineering, as shown on -3- 0 E Exhibit A. C TY'e. total obligation for said PROJECT and PROJECT BETTERMENT costs under this Agreement, excluding costs referred to in Section III Article 15, shall not exceed the amount of $1,882,000 (includes 7% overrun); provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 2. To advertise, award and administer the construction contract for PROJECT in accordance with the requirements of the State Contract Act , the California Labor Code, including its prevailing wage provisions, and Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE) and Women Business Enterprise (WBE). Said DBE,MBE and WBE programs shall conform to that adopted by CITY to comply with Federal Aid requirements. If CITY does not have an adopted program, CITY shall use the program of the County CITY is located in or use STATE's program. This includes assuring approval of PROJECT funding prior to advertising. All contract administration procedures shall conform to e-� requirements set forth in STATE's Construction Manual. 3. To apply for necessary encroachment permits for required work within State Highway right of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles 6, 7, and 8 of Section III, of this Agreement. '.m 0 0 4. To require that the construction contractor furnish both a payment and performance bond in City's name, with both bonds complying with the requirements set forth in Section 3- 1.02 of STATE's current standard specifications. 5. To provide CITY forces, including a qualified Resident Engineer, inspectors and staff to administer the construction contract for said PROJECT, all in accordance with STATE's regulations, policies, procedures, manuals, standard plans and specifications, and other standards including compliance with Federal Highway Administration (FHWA) requirements and is to be subject to ongoing review and approval by STATE and FHWA. City Forces duties may include construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of "as- built" drawings, and other inspection and staff services necessary to assure e_ that the construction is being performed in accordance with the plans and specifications. The Resident Engineer shall also be the representative through whom all communications between CITY and STATE shall be channeled. 6. To obtain STATE's approval prior to awarding any construction contracts for PROJECT. -5- 0 9 7. The STATE representative shall have authority to accept or reject work and materials and approve all change orders related to public safety or convenience and design or specification changes for work within STATE's existing and ultimate rights of way. Such approval shall be obtained in advance of performance of work. B. To obtain STATE's approval of any contract change Orders for PROJECT in excess of $1000.00 prior to issuance. 9. To submit signed itemized invoice for monthly progress payment in triplicate, with specific details of all costs paid to the construction contractor during the period of the progress payment. Each monthly progress payment invoice shall be submitted to the State designated representative for approval and forwarding to the appropriate Accounting Office for payment. 'Q 10. To submit signed itemized monthly invoices for r� r-` construction engineering costs by CITY in triplicate, with J�- specific details of all costs incurred for construction engineering during the period of the invoice. Invoices will meet format and content requirements specified by STATE. Each invoice shall be submitted to the Designated Representative for approval and forwarding to the appropriate Accounting Office for payment. 11. To aubmit a final report of expenditures for construction engineering in the same format as the aforementioned invoice detail within 90 days after completion and acceptance of the PROJECT construction contract. 12. To retain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred, including support data for cost proposals, and make such materials available at the respective offices of CITY and its subcontractors at all reasonable times during the contract period and for three years from the date of final payment under the contract. STATE, FHWA, or any duly authorized representative of the Federal government shall have access to any books, records, and documents of CITY and its subcontractors that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 13. To furnish office space, utilities, office equipment, and safety supplies for CITY's contract administration. CITY will.furnish motor vehicles and related liability insurance necessary for their staff in their work on PROJECT. 14. Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within such areas as are within the limits of PROJECT and are open to -7- Ll public traffic, CITY shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles and /or vehicles of the consultants retained by CITY and for the protection of the traveling public form injury and damage from such vehicles. 15. To furnish a field laboratory or retain a private laboratory for testing materials and furnish all necessary equipment and supplies. 16. Upon completion of PROJECT, to furnish STATE a complete set of full -sized film positive reproducible as- built plans. SECTION jl :.: 1. To bear 50% of all actual construction and t—' construction engineering costs of PROJECT, such estimated costs are shown on Exhibit A Estimate of Cost, attached and made a part of this Agreement, and as otherwise provided for herein. STATE's total obligation for said anticipated PROJECT construction and construction engineering costs under this Agreement shall not exceed the amount of $1,647,000 (including 7% overrun), without STATE's written approval excluding costs referred to in Section III, Article 15. I ii i • 2. To depo;>it with CITY within 45 days after execution of this Agreement, 10% of the estimated STATE's share of the construction engineering cost of PROJECT for contract administration services to be performed by CITY. Thereafter, to reimburse CITY within 30 days after receipt of each monthly billing the actual and direct labor costs plus fringe benefits and overhead. All reimbursed expenses shall be based on actual expenditures by CITY. STATE percentage share for the monthly construction engineering cost incurred by CITY shall be equal to the percentage that STATE construction cost is of the total construction cost. 3. To deposit with CITY within 45 days after advertising of PROJECT the amount estimated to be required to cover construction progress payments for the two highest months of construction activity. Thereafter to reimburse CITY for monthly construction contract progress payments made by CITY to contractor. The deposit will be determined as shown on Exhibit B, attached and made a part of this F` Agreement. Reimbursement of monthly progress payments shall be made to CITY within 45 days after submittal. 4. To deposit additional funds if, during the course of PROJECT, the advance deposits provided for under Articles 2 and 3 above, are found to be substantially under the amount which is required to cover the estimated final cost of the work, If the deposit is substantially over that required, 0 0 the excess shall be refunded within 60 days of its determination. 5. To issue, at no cost to CITY , upon proper application by CITY the necessary encroachment permit to CITY, and to issue upon proper application and permit fees deposit by CITY's contractor , the necessary encroachment permits to CITY's contractor for required work within the State Highway rights of way, as more specifically defined in Articles 6, 7, and 8 of Section III, of this Agreement. 6. To provide qualified structure and roadway representatives who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the encroachment permits issued to CITY and to CITY's contractor. 7. To approve the drawings, specification and contract documents for PROJECT prior to advertising. Receipt by CITY of CITY's contract plans signed by STATE shall constitute STATE's acceptance and approval of said drawings, specifications and documents. 8. To designate a representative through whom all communications between the two agencies shall be channeled. -10- r SECTION III P&MIMMUM 1 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the legislature and the allocation of resources by the California Transportation Commission. 2. The total construction costs payable by STATE to CITY under this Agreement shall not exceed $1,434,000 without written approval from STATE. STATE shall reimburse CITY for - STATE's share of the actual costs incurred in the performance of construction engineering for PROJECT. The total construction engineering costs payable by STATE to CITY under this Agreement shall not exceed $213,000 without written approval from STATE. The totals may be increased by amendment to this Agreement. Any STATE funds remaining on deposit with CITY for construction contract payments shall be returned to cc STATE within 30 days after completion and acceptance of f` T--4 construction of PROJECT. Any STATE funds remaining on I` deposit with CITY for contract administration shall be returned to STATE within 30 days after completion and acceptance of PROJECT. 3. Actual cost reimbursed, direct and indirect, shall be in conformance with procedures set forth in the Cost Principles and Procedures, Chapter 1, Part 31, CFR 48. CITY -11- 0 0 also agree-- to comply with Federal procedures in accordance - with Office of Management and Budget Circular A -102, Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments. 4. It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall defend, indemnify and save harmless the STATE of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement. Cop e-b 5. It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall defend, indemnify -12- and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or Jurisdiction delegated to STATE under this Agreement. 6. CITY will obtain aforesaid Encroachment permits through the office of STATE District Permit Engineer and CITY's application shall be accompanied by five (5) sets of reduced construction plans of aforesaid STATE approved contract plans and a copy of the executed Cooperative Agreement. Receipt by CITY of the approved Encroachment Permit shall constitute CITY's authorization from STATE to proceed with work to be performed by CITY or its contractor within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said Encroachment Permit. 7. CITY's construction contractor will also be required to obtain an Encroachment Permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's -i3- contractor for said Encroachment Permit shall be made through the office of STATE District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. 8. CITY shall not award a contract to construct any portion of PROJECT within the proposed STATE rights of way until after an Encroachment Permit has been issued to CITY by STATE. 9. CITY shall not award a contract for PROJECT until after receipt of STATE's deposits required in Section II, Articles 2 and 3. 10. After opening of bids, STATE's estimate of cost will be revised based on actual bid prices. STATE's required deposit under Section II, Articles 2 and 3 will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $1,000, no refund or demand for additional deposit will be made until final accounting. i� 11. After opening bids for the PROJECT and if bids indicate a cost overrun of no more than 7% of the estimate will occur, CITY may award the contract. -14- 12. If, upon opening bids, it is found that a cost overrun exceeding 7% of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. If, after 30 days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent. 13. Prior to award of the construction contract for the PROJECT, STATE may terminate this Agreement by written notice, provided that STATE pays CITY for all costs incurred by CITY prior to CITY's receipt of said notice. 14. Prior to award of the construction contract for the PROJECT, CITY may terminate this Agreement by written notice provided that CITY pays STATE for all costs incurred by STATE prior to receipt of said notice. 15. If existing public and /or private utilities conflict cc with the construction of PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal, which if there are costs of such protection , relocation or removal which STATE and CITY must legally pay, CITY will pay all costs associated with PROJECT BETTERMENTS and STATE will pay 50G of all costs associated with PROJECT. If any protection, relocation or -15- removal of utilities is required, Luch work shall be- performed in accordance with the STATE policy and procedure. STATE will pay its share at the time of final billing based on actual costs. Location of relocated or new utilities shall be shown on the as -built plans. 16. Upon completion of all work under this Agreement, ownership and title to all signals, materials, equipment and appurtenances except highway lighting south of the Channel Bridge installed within STATE's right of way will automatically be vested in STATE, and all signals, materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in CITY and no further agreement will be necessary to transfer ownership as hereinabove stated. 17. Upon completion of PROJECT, STATE will accept control and maintenance of roadways, bridges and appurtenances within STATE's right of way except street ^� lighting south of the Channel Bridge and except all PROJECT° -t landscaping. 18. Upon completion of PROJECT, CITY will accept control and maintenance of BETTERMENTS outside STATE right of way and CITY will also accept control and maintenance of street lighting South of the Channel Bridge and of all landscaping constructed with PROJECT. -16- 0 19. The cost of any engineering or maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE "s standard accounting procedures. 20. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. F� -17- 0 6 2a. That those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by CITY, with concurrence of STATE, or on August 1, 1993, whichever is earlier in time, unless all parties agree to an extension of time. The ownership, operation and maintenance clauses shall remain in effect until terminated or modified in writing by r� mutual agreement. STATE OF CALIFORNIA CITY OF NEWPORT BEACH Department of Transportation ROBERT R. BEST Director of Transportation By BY a�L —Ivt� D strict Director Mayor APPROVED A O FORM AND PROCEDURE C4 � --i Attor y f## vis 'j , City Clerk Depar ent of Tran portation CERTIFIED AS TO FUNDS AND OVA- istrict Accounting Officer g QVED AS TO FORM �� 4�1�' City Attorney 12- ORA -55 0.0/0.3 12 -207 - 018791 District Agreement No. 12 -037 CO EXHIBIT 9 Estimate of Cost Total Estimate CITY's STATE'S Description cost Share Share Bridge $ 960,000 $ 480,000 $ 480,000 Roadwork $ 1,320,000 $ 660,000 $ 660,000 Betterments $ 434,000 $ 434,000 $ 0 Mobil Station TL 200.000 S. D $L 200.000 Sub -total $ 2,914,000 $ 1,574,000 $ 1,340,000 Const. Survey $ 70,'000 $ 40,000 $ 30,000 Const. Engr. @ 169 overhead included $ 407.000 $ 238.000 $ 169.000 Total $ 3,391,000 $ 1,852,000 $ 1,539,000 CO • 6 12- ORA -55 0.0/0.3 12 -207 - 018791 District Agreement No. 12 -037 EXHIBIT B Calculations for monthly Progress Payments Total Construction State's Share $ 1,340,000 (inc. 10% Contingencies - Roadwork 20% Contingencies - Bridge) Construction Time 12 Months Average Cost Per Month 1.340.000 $ 111,667 12 Highest Average Month Average Cost per Month X 1.2 111,667 X 1.2 = $ 134,000 Highest Average for two 134,000 x 2 = $ 268,000 Months Initial Deposit to City $ 268,000 CA CI1qF OF NEWPORT BEAPH C07\lillo MEMBERS MINUTES G CAL May 14, 1990 CEY.7 H CAS A ft�D OdE: 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 90 -43 authorizing the Oasis Sr application of GRANT FUNDS available Ctr Expnsn from the 1989/90 ROBERTI- Z'BERG- Res 90 -43 HARRIS URBAN OPEN SPACE AND (62) RECREATION PROGRAM to be applied to the OASIS SENIOR CENTER BUILDING EXPANSION. (Report from Parks, Beaches and Recreation Director) (c) Resolution No. 90 -44 authorizing the Oasis Sr application of GRANT FUNDS under the Ctr Expasn provisions of the STATE BOND Res 90 -44 PROGRAM /CALIFORNIA WILDLIFE, COASTAL (62) AND PARK LAND CONSERVATION ACT OF 1988 to be applied to a proposed project for Fiscal Year 1990.91 for the OASIS SENIOR CENTER BUILDING EXPANSION, (Report from the Parks, Beaches and Recreation Director) (d) Resolution No. 90 -45 authorizing the Npt -Mesa Mayor and City Clerk to sign an Schl Dist/ AGREEMENT WITH NEWPORT -MESA SCHOOL Wtr Ln Exch DISTRICT and to sign QUITCLAIM Res 90 -45 DEED/WATER LINE EASEMENT EXCHANGE. C -2819 (Report from Utilities Department) (38) (e) Removed from the Consent Calendar. (f) Resolution No. 90 -46 amending Water Bill/ procedures for UNPAID CHARGES AND Unpd Chrg DISCONTINUANCE OF WATER SERVICE. Res 90 -46 (Report from Utilities Director) (40) 3. CONTRACTS /AGREEMENTS: (a) Approve Agreement with CalTrans for Npt B1 -32nd the WIDENING OF NEWPORT BOULEVARD - St Wdng 32ND STREET TO COAST HIGHWAY C -2642 (CONTRACT NO. 2642);-and authorize (38) the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) (b) Authorize the Mayor and City Clerk to Central execute an Engineering Services Bal Pkg/ Agreement with the consulting firm of Cir Stdy Austin -Foust Associates, Inc., (AFA) C -2818 for 'the CENTRAL BALBOA PARKING AND (38) CIRCULATION STUDY. (Report from Public Works - Traffic Engineering) Volume 44 - Page 162 (D C#Y OF NEWPORT BWCH CaS1NCIL MEMBERS � G r rer r Mav 14. 1990 MINUTES 1 \IHG' V i Hearing no one wishing to address the Council, the public hearing was closed. ion x Motion was made to adopt Resolution No. 90- Ayes 42 ordering the Fire Chief to abate weeds and other public nuisances existing upon streets, alleys, sidewalks, parkways and private property within the City. E. PUBLIC COMMENTS: Council Member Turner read into the record his announcement for re- election to the City Council as follows: "In November of this year, I will have served four years on the Newport Beach City Council. These past four years have been fulfilling as I have been able to dissolve some of the major issues confronting our City. However, the major issue for my District and for myself continues to be the impact that John Wayne Airport has and will have on this City. It is no secret that I continue to believe that this County needs another airport to relieve the strain on John Wayne Airport and the additional strain on Newport Beach if John Wayne Airport is allowed to become the only airport for Orange County. Thus, for better or worse, I am committing myself to seek another four year term on this body in the fall in hopes that my presence will resolve this all important issue." Council Members Sansone and Strauss also announced they would be seeking re-election in November. F. CONSENT CALENDAR: Lon x The following actions were taken as indicated, Ayes except for those items removed. ' 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on May 29, 1990: (a) PROPOSED ORDINANCE NO. 90 -26, being, Ord 90 -26 Fees /Incrs AN ORDINANCE OF THE CITY Swr Use Chg COUNCIL OF THE CITY OF NEWPORT (40) BEACH AMENDING SECTION CRTIF EO OF ORRECT COPY 14.24.065 OF THE NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR AN rr cr 2K o n E rr 0 N INCREASE IN THE SEWER USE r0bfACW__ CHARGE FROM A BASIC FEE OF $3.55 PER MONTH TO $3.90 PER etc,• -• MONTH- WITH PROPORTIONATE INCREASES FOR ADDITIONAL UNITS EFFECTIVE JULY 1, 1990. (Report from Utilities �1 Director) l ff1 Volume 44 - Page 161 i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR 7 _ ao-9O FROM: CITY CLERK DATE: July 20, 1990 SUBJECT: Contract No. C- 2642(D) Description of Contract Newport Blvd. Widening from 32nd St. to PCH - ,(AHFP) project Effective date of Contract June 26, 1990 Authorized by Minute Action, approved on May 29, 1990 Contract with County of Orange Address Amount of Contract (See Agreement) k 4f , Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach May 29, 1990 CITY COUNCIL AGENDA w BY THE CITY CaNK NO F-3(b) i CITY OF NEWPORT BEACH • TO: City Council MAY Ly 1990 FROM: Public Works Department i - ---- _= SUBJECT: COUNTY OF ORANGE AR TER FINANCING PROGRAM (AHFP) PROJECT ADMINISTRATION AGREEMENT FOR THE WIDENING OF NEWPORT BOULEVARD - 32ND STREET TO COAST HIGHWAY (C -2642) RECOMMENDATION: Approve agreement and authorize Mayor and City Clerk to execute. DISCUSSION: The project proposes to widen the east side of Newport Boulevard and, with resurfacing and restriping of the existing roadway, will provide for three northbound lanes and sidewalk bike trail from 32nd Street to Coast Highway. The project will include new curb, gutter and sidewalk along the entire eastside of Newport • Boulevard and the west side of Newport Boulevard from Finley Avenue to Short Street; a raised landscaped median along a portion of Newport Boulevard; left turn lanes at intersections; ramp construction to eastbound Coast Highway from northbound Newport Boulevard; bridge widening on the east side of the Newport Channel Bridge; drainage improvements; water main and utility relocations; retaining walls where necessary; bulkheads; bus stops; traffic signal notifications; street light modifications; striping and signing; bike ramp construction and sidewalk widening to the west side of Newport Boulevard from north of the channel bridge to Short Street; landscaping; and modification to the City Hall parking lot and 32nd Street. This agreement is with ORANGE COUNTY and provides for administration and funding to construct the project. A summary of the agreement is as follows: COUNTY agrees to: 1. Bear 50% of cost of AHFP eligible item not to exceed total County cost of $700,000. • 2. Provide soil engineering and material and construction testing for project. 3. Approve the plans, specifications and contract documents as to AHFP eligibility prior to advertising. Subject: County of Orange Arterial Highway Financing Program (C -2642) May 29, 1990 Page 2 • CITY agrees to: 1. Bear 50% of cost of AHFP eligible items up to City cost of $700,000 and 100$ of all AHFP eligible cost which exceed $1,400,000. 2. Advertise, award and administer construction of project. 3. Furnish Project Engineer and Resident Engineer for project. 4. Furnish COUNTY Final Project Report. IT IS MUTUALLY agreed that: 1. City shall fully indemnify and defend and hold County harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by City • in conjunction with any work under this agreement. 2. County shall fully indemnify and defend and hold City harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by County in conjunction with any work under this agreement. The estimated cost of project construction is as follows: Construction Construction Survey Admin. & inspection TOTAL STATE 1,340,000 30,000 169.000 1,539,000 CITY 1,574,000 40,000 238.000 1,852,000 TOTAL 2,914,000 70,000 407.000 3,391,000 The CITY Is share includes Orange County AHFP Funds in the amount of $700,000. The current budget includes funds to cover the CITY's, COUNTY's and STATE's share of the estimated project • construction cost. Plans and specifications have been completed and have been approved by Orange County for final AHFP approval. i • Subject: County of range Arterial Highway Financing Program (C -2642) May 29, 1990 Page 3 Prior to advertising for bids, right -of -way and permit clearance must be provided by CALTRANS. Status is as follows: 1. Mobil Gas Station - Condemnation has been required to obtain the gas station property at the corner of Newport Boulevard and Finley Avenue. STATE will take possession of property when all permits are received. 2. Permits and Clearances a. Coastal Zone Permits has been received. b. Water Quality Control Board approval received. C. Coast Guard Permit - Public hearing regarding Coast Guard Permit was held in January 1990. Final Determination and permit processing by the Coast Guard is now estimated to be completed in early June 1990. Project schedule is proposed as follows: • Advertise Award Contract Begin Work Complete Work Benjamin B. Nolan Public Works Director JW:so • June 1990 August 1990 September 1990 September 1991 1 COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM 2 PROJECT ADMINISTRATION AGREEMENT 3 PROJECT #1241 & 1267, MEMORANBRM OF AGREE entered into this 4 Newport Boulevard 26 — day of , from 32nd Street to TTLE by and betweeO 5 Pacific Coast Highway CITY OF NEWPORT BEACH, a municipal 6 corporation, hereinafter referred to as CITY, and 7 COUNTY OF ORANGE, a political subdivision of 8� the State of California, hereinafter referred to as COUNTY. 9 WITNESSETH: 10 WHEREAS, the Orange County Board of Supervisors by Resolution of May 31, 11 1956 adopted the Master Plan of Arterial Highways to serve the entire COUNTY including the incorporated cities thereof; and 12 WHEREAS, Articles 2 and 3 of Chapter 9, Division 2, commencing with 13 Section 1680 of the Streets and Highways Code authorize a county, if it so desires, to expend funds apportioned to it out of the California Highway Users 14 Tax Funds for aid to cities and in the improvement, construction, or repair of streets within a city; and 15 WHEREAS, the Orange County Board of Supervisors and the Orange County 16 Division of the League of California Cities have agreed upon a cooperative financial program for the establishment, construction, and maintenance of a 17 County -wide Arterial Highway System known as the Arterial Highway Financing Program; and 18 WHEREAS, the Orange County Board of Supervisors has, by appropriate 19 action, provided in the Road Budget for the.Fiscal Years 1988 -89 and 1989 -90 funds for the improvement of streets within the incorporated cities of COUNTY, 20 which streets are a part of COUNTY's Mister Plan of Arterial Highways; and 21 WHEREAS, Orange County Board of Supervisors on November 5, 1958, has by formal resolution adopted the formal procedure for the administration of the 22 Arterial Highway Financing Program, as revised, which procedure is outlined in a document on file with the County Clerk, formally known as the County of Orange 23 Arterial Highway Financing Program Procedure Manual; and 24 WHEREAS, NEWPORT BOULEVARD, from 32nd Street to Pacific Coast Highway, a street included in the Orange County Master Plan of Arterial Highways, is a 25 street of general COUNTY interest and was selected for improvement in accordance with the policies of the Arterial Highway Financing Program as contained in the 26 AHFP Procedure Manual, and as shown by the approved AHFP project scope, plans and specifications on file with COUNTY's Environmental Management Agency. Said 27 work of such improvement shall be referred to hereinafter as PROJECT; and 28 -1- •,i AHFP No. 1241 1267 WHEREAS, CITY, as Lead Agency, has completed the environmental 1 assessments as required by the California Environmental Quality Act of 1970, as amended, by approving an Environmental Impact Report for PROJECT, a copy of 2 which is on file with COUNTY; and 3 WHEREAS, CITY has filed the Notice of Determination with the County Clerk; and 4 WHEREAS, no additional environmental documents are required for 5 compliance with the California Environmental Quality Act; and 6 WHEREAS, CITY has reviewed PROJECT for conformance with the requirements of Section 65402 of the California Government Code and applicable local 7 ordinances and CITY has acted as required. 8 WHEREAS, CITY has separately agreed with the California Department of Transportation, hereinafter referred to as STATE (which is not a party to this 9 agreement), to improve that portion of PROJECT that is designated as State Highway 55, Newport Boulevard from Finley Street to Pacific Coast Highway. Said 10 agreement provides for right -of -way required for PROJECT to be acquired by STATE. 11 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 12 1. The Arterial Highway Financing Program (AHFP) Procedure Manual 13 herein referred to shall be and is hereby made a part of this agreement. 14 2. The Contracting Authority for PROJECT is hereby designated as CITY. 15 3. The Project Engineer for PROJECT is hereby designated as CITY. 16 4. The Construction Engineer for PROJECT is hereby designated as CITY. 17 5. All soils engineering and material and construction testing necessary for PROJECT shall be performed by COUNTY. This shall include 18 preliminary soils investigations, structure foundation investigations, recommendations for structural sections and compaction requirements, and quality 1g control of materials and construction. 20 6. The work shall be subject;ait all times to inspection by the authorized representatives of both parties. 21 7. Funds to be used for PROJECT: 22 a. The estimated cost of PROJECT covered by this agreement is: 23 Design Engineering: $ 250,000 24 Construction Contract: 2,940,000 Construction Engineering: 200,000 25 Other work:* 485,000 Total: $3,900,000 26 * Reimbursement from CITY to STATE for right-of-way acquistion done by STATE. 27 28 -2- II • • AHFP No. 1241 1267 b. On the basis of the above estimate, PROJECT will be financed as follows: 1 COUNTY Funds (AHFP 1241) $ 350,000 (maximum) 2 COUNTY Funds (AHFP 1267) 350,000 (maximum) CITY Matching Funds: 700,000 3 CITY Funds: ** 750,000 Other Funds (STATE): 1,750,000 4 Total: $3,900,000 5 * *For items not funded by AHFP. 6 c. If upon completion of detailed design, it appears that PROJECT's estimate will exceed the original allocation, the Contracting Authority shall 7 follow the procedures set forth in the AHFP Procedure Manual for Adjustment of Allocation. 8 d. Except as noted in (e) below, final adjustments of PROJECT's 9 costs will be made on the basis of COUNTY fifty percent (50%), CITY fifty percent (50 %), on eligible items in the contract up to the maximum COUNTY AHFP 10 allocation. 11 e. COUNTY participation in longitudinal storm drain costs shall not exceed a maximum of twenty -five percent (25%) of the total cost of eligible 12 storm drain construction. 13 f. It is the intent of the parties hereto to comply with all applicable rules regarding the expenditure of State Gas Tax Funds. Eligibility 14 of any storm drain item will be subject to final audit and determination by the State Controller's Office. Any future adjustment required by said Controller's 15 Office shall be made by CITY with CITY funds, including complete refunds to COUNTY of any COUNTY gas tax funds declared by the Controller to have been 16 expended on ineligible construction. 17 g. Any funds spent prior to July 1, 1986 shall not be considered in the final accounting of PROJECT. 18 8. Funds allotted by COUNTY for PROJECT shall revert to the Arterial 19 Highway Financing Program in the event CITY -- fails, for any reason, to advertise and award the contract for PROJECT prior to October 1, 1990 and CITY shall 20 reimburse COUNTY for any expenditures incurred by COUNTY in connection with PROJECT. 21 9. This agreement shall become null and void in the event that CITY, 22 for any reason, advertises PROJECT for bids prior to the granting of authorization to advertise by COUNTY in accordance with the procedures set forth 23 in the Arterial Highway Financing Program Procedure Manual. 24 10. Upon acceptance of the completed AHFP PROJECT by the awarding authority or upon the contractor being relieved of the responsibility for 25 maintaining and protecting certain portions of the work, CITY shall maintain PROJECT or such portions of the work in a manner satisfactory to COUNTY. If 26 within ninety (90) days after receipt of notice from COUNTY that PROJECT or any portion thereof is not being properly maintained, CITY has not remedied the 27 28 -3- r. • • AHFP No. 1241 1267 conditions complained of to COUNTY's satisfaction, COUNTY may withhold the programming or approval of further AHFP projects of CITY until PROJECT shall 1 have been put in a condition of maintenance satisfactory to COUNTY. The maintenance referred to herein shall include not only the preservation of the 2 general physical feature of the roadway, roadside, and surfacing, but also safety and regulatory features, devices and appurtenances built into PROJECT. 3 11. County -wide Extension of Arterial System: 4 To promote uniformity of County Arterial Highway System with City 5 Master Plan of Major Streets, both parties agree to continue the promulgation of the AHFP as outlined in the aforementioned Procedure Manual. 6 IT IS MUTUALLY UNDERSTOOD AND AGREED: 7 1. Pursuant to and in accordance with Section 10532 of the California 8 Government Code, in the event that this Contract involves expenditures of State funds aggregating in excess of ten thousand dollars ($10,000), the parties shall 9 be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this 10 Contract. 11 2. That neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or 12 omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. It is also understood and 13 agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury 14 (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, 15 authority or jurisdiction delegated to CITY under this agreement. 16 3. That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or 17 omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. It is also understood 18 and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury 19 (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, 20 authority or jurisdiction not delegated to CITY under this agreement. 21 22 23 24 25 26 27 23 -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 191 20 21 22 23 24 25 26 27 28 l AHFP No. 1241 II 1267 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. CITY OF NEWPORT BEACH, a municipal corporation Dated: -- __���> 190 BY Mayo ATTEST: MA Rte.. IIIIII AS TO FORM ty Attorney COUNTY OF ORANGE, a political subdivision of the State of California 19_ By Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Linda D. 'Ruth Clerk of the Board of Supervisors of Orange County, California AHFP1241,67 -02 TRB:dw APPROVED AS TO FORM ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Deputy —�- Date -5- 41 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: January 4, 1991 SUBJECT: Contract No. C- 2642(E) Description of Contract i - 7- g/ Construction Engineering Services Agreement for Newport Boulevard Widening 32nd Street to Coast Highwav Effective date of Contract December 26. 1 Authorized by Minute Action, approved on December 10, 1990 Contract with Williamson and Schmid Consulting Civil Engineers Address 15101 Red Hill Avenue Tustin. CA 92680. Amount of Contract (See Agreement) / Wand a E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • 010M FROM: nFr 1 0 1900 City Council Public Works Department December 10, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(d) SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY AMENDED ENGINEERING SERVICES AGREEMENT C- 2642 -B AND CONSTRUCTION ENGINEERING SERVICES AGREEMENT C- 2642 -E RECOMMENDATIONS: Approve agreements and authorize the Mayor and City Clerk to execute the agreements with Williamson and Schmid Consulting Civil Engineers. DISCUSSION: Under cooperative agreements with Caltrans, the City has administered design and will be administering construction for the widening of Newport Boulevard. Williamson and Schmidt Consulting • Civil Engineers were retained to prepare the plans and specifications for the roadway portion of the project and the contract documents for the entire project, including the Caltrans designed Newport Channel Bridge widening. During the bidding process and prior to award of the contract, several items of work not provided for in the original Engineering Services Agreement were required.. In addition, the original design proposal included services during construction, but the agreement deleted the fee for those services with the understanding that a separate agreement would be prepared at the time of construction. The amended Engineering Services Agreement and the Construction Services Agreement provide for the following services: A. AMENDED ENGINEERING SERVICES AGREEMENT 1. Services a. Prepare spreadsheets for comparison of bids and cost sharing. b. Prepare project phasing report and exhibits. isC. Perform field surveys and design work necessary to prepare 1" =4' scale plan for existing bridge deck. d. Associated blueprint and reproduction work. Subject: Newport Boulevard Widening 32nd Street to Coast Highway Amended Engineering Services Agreement C- 2642 -B and Construction Engineering Services Agreement C- 2542 -E December 10, 1990 • Page 2 2. Fee The change in fee for the additional work is $7,000. This increase the maximum allowable fee to $260,800. Under the terms of the Cooperative Agreement with Caltrans, the additional fee will be split 50% Caltrans, 50% City. B. CONSTRUCTION ENGINEERING SERVICES AGREEMENT 1. Services a. Shop drawing review. b. Construction plan interpretation and consultation. • C. Meeting attendance. d. Construction observations. e. Preparation of as -built drawings. Also included in Williamson and Schmid's scope of work are the services of the other project consultants for soils, traffic and landscape architecture. 2. Fees Williamson and Schmid's compensated for on an hourly fee not to exceed $45,000. Cooperative agreement this administrative costs will be the City proportionally to construction cost. services would be basis, with the total Under terms of the fee as well as other shared by Caltrans and each party's share of Funds are included in the current budget to cover the cost of these agreements • administration / services. Benjamin B. Nolan Public Works Director JW:so as well as the other contract CONSULTANT AGREEMENT THIS AGREEMENT, entered into this -6�day of �%, 1990, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Williamson and Schmid Consulting Civil Engineers, whose address is 15101 Red Hill Avenue, Tustin, California 92680 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. CITY and CONSULTANT desire to enter into a professional services agreement for construction support services for the Newport Boulevard Widening project, Contract No. C -2642, upon the terms and conditions set forth herein: NOW, THEREFORE, it is mutually agreed by and between CITY and CONSULTANT as follows: SECTION 1: GENERAL The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable work financed in whole or in part with Federal funds will apply to such work. The required contract provisions for Federal -aid construction contracts are included in Exhibit "A" (Pages FR -1 through FR -18) attached and incorporated herein by reference. A Certification of Consultant statement (Exhibit "B ") and Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification (Exhibit "C ") must be signed by an authorized company representative. 1 0 SECTION 2: SERVICES TO BE PERFORMED CONSULTANT agrees to perform all every services and work as outlined herein and more fully described in the Letter of Proposal dated November 27, 1990, attached hereto set forth in Exhibit "D ". Task I Attend Meetings Task II Construction Observation Task III Shop Drawing Review Task IV Progress Payment Review Task V Construction Plan Interpretation and Consultations Task VI Prepare As- Builts SECTION 3: COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "D ", the Letter of Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $30,000.00. SECTION 4: STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5: INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. 2 SECTION 6: HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT negligent performance of services or work conducted or performed pursuant to this Agreement. 7. On or before the commencement of the term of this Agreement, CONSULTANT shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 7A, B, C and D. Such certificates, which do not limit CONSULTANT'S indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days' advance notice to the CITY of Newport Beach by certified mail, Attention: John Wolter. It is agreed that CONSULTANT shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance business in the State of California. A. COVERAGE CONSULTANT shall maintain the following insurance coverage: (1) Worker's compensation Statutory coverage as required by the State of California. 3 0 0 (2) Liability Comprehensive general coverage in the following minimum limits: Bodily Injury: Property Damage: $500,000 each occurrence $1,000,000 aggregate products /completed operations $1,000,000 aggregate - all other (if applicable) $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits shown above. B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If CONSULTANT at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONSULTANT's name or as an agent of the CONSULTANT and shall be compensated by the CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. 4 0 0 D. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9: PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. 5 9 0 SECTION 10: REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11: RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents 0 a • and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12: NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Greg Deist, Resident Engineer (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Williamson & Schmid 15101 Red Hill Avenue Tustin, California 92680 Attention: Jesus Michel (714) 259 -7900 SECTION 13: Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. 7 SECTION 14: COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15: CONSULTANT shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind unless prior written approval having been secured from CITY to do otherwise. SECTION 16: CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 17: NUISANCE CONSULTANT shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. SECTION 1S: SAFETY REQUIREMENT All work performed under this contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. CITY reserves the right to issue restraint or cease and desist order to the CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. Any hazardous condition noted by the CONSULTANT, which is not a result of his operations, shall immediately be reported to CITY. E SECTION 19: SUBCONTRACTOR APPROVAL Unless prior written consent from CITY is obtained, only those people and subcontractors whose names and addresses appear in this Agreement or any attachments hereto shall be used in the performance of this Agreement. Request for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing an estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of CITY, be issued in the form of a Work Order. In the event that CONSULTANT employs subcontractors, such subcontractors shall be required to furnish proof of worker's compensation insurance and shall in addition be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by CONSULTANT. SECTION 20: WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 21: INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. P 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 BY: APP RO D AS TO FORM: Ci y torney CONSULTANT BY: ATTEST: 1 ITY CLERK 0to] V G x,d8";4& m 0 EXHIBIT "A" SWn(M 6., FEDERAL REQUIRBIENIS FOR FEDERAL -A10 COISTRUCTIOM PROJECTS -. 6-1.01 oENBRAL. —The work Mfvtn procesaa . will be financed In Mal* or to part with Fed- eral funds, and therefore all of tta stalut*s, rules and regulatloes ramu th pfgated by e Fed- am, Government and applicable to work financed In whale or to part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Ald Construction Contracts,• two FHNA 1273, are Included In this Section 6. 1Nenov*r In said required contract Provisions :references we made Ito wSHA aontract(ng officer",. wsf(A- resident engineer•, or wo~laed Iopres"Wive of the SMw, such refw*noes shaft be construed to mean "Engineer• as defined In Section 1 -1.18 Of the Standard Specification. 6-1.0; PSNf01111ANCE Of PREVIOUS COM- 1RACT. -.In addition to the , prwlsions in Section 11, wNwldtstrtwlnatloa , w and, Section V11, 05ubletting or Assigning the Coatrect,w of the iegolred contract provisions, the Contractor s"tI comply with the following: .. The bidder shall execute "*.CERTIFICA- TION WITH RECARO To 1W PERFOsUVC£ OF PREVIOUS_ CONTRACTS OR SUBCONTRACTS SUBJECT TO 1K EQUAL .OPPORTUNITY. CLAUSE AND THE FILING OF_REQUIRED.REPORTS._locatod in the proposal. NO request for subletting or assigning any portion of the contract In excess of Sio.000 will be considered under the provtstalus -of *SeCT(on VII of the required, contract provisions unlsss such requoit Is accompanied by "a CERTIFICATION referred to above. executed by the proposed subcontractor. 6-1.03 NONCO(.LUSIOlI PROVisION. TI,. provisions In this section are applicable to 04•1 contracts except contracts for Federal Aid Secondary projects. .. Title 23, United states Code, settle-* 112, requires as a condition precedent to approval by the Federal Highway Administrator of, the contract for Nis work that each bidder file a sworn statement executed by, or on behalf of. Revls.d 3 -21-88 the parson, firm, association, or corporarlon to whoa such contract Is to be awarded. C rtl- fying flat such person, firm, association, or corporation has not, either directly or indl- -*city, entered Into any agreement, particl- Wed In any collusion, or othorwise.taken any action In restraint of free competitive bid- ` dIAg In connection with the submitted bid. A form to make the non - collusion affidavit state- . went required by Section 112 as a certification. under penalty of perjury rather then as•a sworn statement. as permitted by 28. USC, Sec. 1746, Is Included In the proposal. FR-1 6-1.04 PARTICIPATION BY MINORITY BUSINESS ENTERPRISES IN SIECONIRAMNQM --Part 23. Title 49, -Cod* of Federal Regulations applies to this Federal -eld project. Pertinent see - tlons of said Code a-* Incorporated In pert or In Its entirety within other sections of these special provisions. ffffff1iffff151f Schedule B- informafiaa for Oef*raimlag Joint Venture Eligibility (This form need not be' fl l led in Tf all Joint venture firms are minority own" ) 1. Hama of Joint venture 2. Address of Joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the Joint vwrture. -(The MBE partner must complete Schedule A.) (a) Oeacvlbe the .role of the MBE fire In The Joint venture. (b) Oescrlbe very briefly the experience and business qualifications of each non -MBE Joint venturer: is m 0 EXHIBIT "A" SWn(M 6., FEDERAL REQUIRBIENIS FOR FEDERAL -A10 COISTRUCTIOM PROJECTS -. 6-1.01 oENBRAL. —The work Mfvtn procesaa . will be financed In Mal* or to part with Fed- eral funds, and therefore all of tta stalut*s, rules and regulatloes ramu th pfgated by e Fed- am, Government and applicable to work financed In whale or to part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Ald Construction Contracts,• two FHNA 1273, are Included In this Section 6. 1Nenov*r In said required contract Provisions :references we made Ito wSHA aontract(ng officer",. wsf(A- resident engineer•, or wo~laed Iopres"Wive of the SMw, such refw*noes shaft be construed to mean "Engineer• as defined In Section 1 -1.18 Of the Standard Specification. 6-1.0; PSNf01111ANCE Of PREVIOUS COM- 1RACT. -.In addition to the , prwlsions in Section 11, wNwldtstrtwlnatloa , w and, Section V11, 05ubletting or Assigning the Coatrect,w of the iegolred contract provisions, the Contractor s"tI comply with the following: .. The bidder shall execute "*.CERTIFICA- TION WITH RECARO To 1W PERFOsUVC£ OF PREVIOUS_ CONTRACTS OR SUBCONTRACTS SUBJECT TO 1K EQUAL .OPPORTUNITY. CLAUSE AND THE FILING OF_REQUIRED.REPORTS._locatod in the proposal. NO request for subletting or assigning any portion of the contract In excess of Sio.000 will be considered under the provtstalus -of *SeCT(on VII of the required, contract provisions unlsss such requoit Is accompanied by "a CERTIFICATION referred to above. executed by the proposed subcontractor. 6-1.03 NONCO(.LUSIOlI PROVisION. TI,. provisions In this section are applicable to 04•1 contracts except contracts for Federal Aid Secondary projects. .. Title 23, United states Code, settle-* 112, requires as a condition precedent to approval by the Federal Highway Administrator of, the contract for Nis work that each bidder file a sworn statement executed by, or on behalf of. Revls.d 3 -21-88 the parson, firm, association, or corporarlon to whoa such contract Is to be awarded. C rtl- fying flat such person, firm, association, or corporation has not, either directly or indl- -*city, entered Into any agreement, particl- Wed In any collusion, or othorwise.taken any action In restraint of free competitive bid- ` dIAg In connection with the submitted bid. A form to make the non - collusion affidavit state- . went required by Section 112 as a certification. under penalty of perjury rather then as•a sworn statement. as permitted by 28. USC, Sec. 1746, Is Included In the proposal. FR-1 6-1.04 PARTICIPATION BY MINORITY BUSINESS ENTERPRISES IN SIECONIRAMNQM --Part 23. Title 49, -Cod* of Federal Regulations applies to this Federal -eld project. Pertinent see - tlons of said Code a-* Incorporated In pert or In Its entirety within other sections of these special provisions. ffffff1iffff151f Schedule B- informafiaa for Oef*raimlag Joint Venture Eligibility (This form need not be' fl l led in Tf all Joint venture firms are minority own" ) 1. Hama of Joint venture 2. Address of Joint venture 3. Phone number of joint venture 4. Identify the firms which comprise the Joint vwrture. -(The MBE partner must complete Schedule A.) (a) Oeacvlbe the .role of the MBE fire In The Joint venture. (b) Oescrlbe very briefly the experience and business qualifications of each non -MBE Joint venturer: w S. Nature.of the Joint venture's business 6.: Provide a copy of "a Joint venture agreement. T.' Wet Is to claimed 'percentage of MBE ownershlpT, .' . 6. Ownership of Jot". venture: (This need not be filled in It described In the Joint venture agreement, provided-by question 6.). (a) Profit and loss, sharing. (b) Capital 'contributions,. Including (c) Other applicable ownership Inter- ests. 9. Control of and oarticipstion In this contract. .Identify by name. race, sex. and wfirm* those individuals (and fair titles) who ere responsible for day-to -day management and Policy - deoisionmaking. Including, but oat limited 'too' those with prime responsibility for: the forms and operation of our Jolat - +eaturs and the Intended parflcloatlon by each Joint venturer In the: undertaking. Further, the undersigned covananf and agree, to provide to grantee curr.ont, complete ' and accurate Information regarding actual Joint venture York and the payment therefor -aid any pro- posed "thenges (a -any of the Joint •venture arrangeieaft and to pat It the audit, and examination-of tM books, reoords "and flles of the Joint venture, or those of each Joint venturer relevant to the Joint venture. 'by authorized representatives of the grantee or the. Federal funding agency. My material misrepresentation will be grounds for terminating any contract Mich" may be awarded and for initiating action under F*derat or- State laws concerning false statements.• ............... ............................... Naas of Firm Hams of.fIra ............................................ Signature Signature . ............... ............................... "am Name (a) Flnenctat- decisions ................ ..,............................ (b) Management decisions, such as: - Title Title ' (t) Estimating . -(2) Marketing and sales - (3) Miring and firing of aenegaasnt:.. personnel .. . (4) Purchasing of major Items or. supplies (c) Supervision of field operations Kota. --I f, after filing this Schedule 6 and before the -completion of the•joint .venturers work' on the 'contract covered zby th I s regu I a- tion, there is any sign(flcaot change in the Information submitted, the Joint venture must _inform. the.graafte, char directly or through the prima Contractor if the Joint venture is a subeontraetnr. . Affidavit "The undersigned swear that the foregoing statements are correct and include at material information necessary to identify and explaln Revised 3 -21 -88 FR -2 ...«.. ...... ............................... Deft .. oat* date State of. County of ;on this day of 19 before me appeared, (Name) to.ee.parsona(ly known. who, -being duly sworn, did executt The foregoing affidavit, and .did state tat he or. she was properly authorized by (Nana of firm) - to execute the affidavit and did so as his or her free act and deed... Notary Publ4c - Commission expires ISeeil oet* Sate of County of On "is day of iq_r before ar appeared (Name) to r personally knova, vbo, being duly sworn. did state Mat M ar she mes properly autnor)Z d by (Name of fire) F4vised 3 -21-80 FR -3 IP to execute the affidavit and did her free act and deed. Notary Public Commission expires ISeall SO of his ar sK SECTION 6-1.03 REWIRED COIITRACT PROVISIONS . FEDERAL -AID CONSTRICTION CONTRACTS (Exc:":.e of Appalachian Contracts) Page 1. General ...........................FR -4 11. Nondl scriminatlon .................FR -4 M. Nonsegregated Facilities .........:FR-6 IV. Payment of Predetwulned Minimum Wage ... ...........................FR -7 V. Statements and Payrolls ...........FR -it Vt. Record of Materials, Supplies, and Labor .........................Fit -12 V11. Subletting or Assigning the Contract ................. .. ....... FR -12 Vill. Safety: Accident Prevention .......FR -13 IX. False Statements Concerning Highway Projects .... :........ : ............ FR -13 X. Implementation of Clean Air Act and Federal Water Pollution Control Act ... ......... . ... . .............. FR -14 1. GENERAL 1. These contract provisions shall apply tom all work performed on the contract by the .contractor's own organization and with the assistance of workers under the Contractor's lamediate superintendence and to all work performed on The contract by piecework, station work, or by subcontract.. 2. Except as otherwise provided for In each section, the Contractor shall Insert, In each subcontract all of the stipulations contained In these Required Contract Provisions, and further require their Inclusion In any lower tier subcontract or purchase order that my In turn be wade. The Required Contract Provisions shalt not be Incorporated by reference In any Casa. The prince contractor shall be respon- sible for oaeplImCe by any subcontractor or lower tier subcontractor with these Required Contract Provisions: 3. A breach of any of the stipulations contained In these Required Contract Provisions shall be sufficlent grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions way also be grounds for debarment as provided In 29 CFR 3.12: Revlsed 3-21 -06 Form FR A 1273 (Rae. 16-87) FR-a Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V. paragraphs 1 and 2a through 2g. 3. Disputes arising out of the labor standards provisions of Section IV (except paragraph 3) and Section V (except paragraph 3) of "*%a Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance with "a procedures of the U.S. Deparhamt of Labor (DOL) as sat forth in 29 CFR Parts 3. 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of Its subcontractors) and the contracting agency. the DOL. or tM contractor's employees or their represents tl vas. 6. Certification of Eligibility: _ By- entering Into this contract, the contractor certifies as follows: a. Neither the contractor nor any parson or firm who has an Interest in the contractor's firm Is Ineligible to be awardeC Government contracts by virtue of Section. 3(a) of- the Davis Bacon Act or 29 CFR 3.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by vlrtua of Section 3(a) of the Davis -bacon Act or 29 CFR c. The penalty for asking false statements is proscribed In the U.S. Criminal Coda. 18 U.S.C. 1001. 11. NONDISCRIMINATION (Applicable to Federal -ald construction contracts and related subcontracts and Purchase orders exceeding 510,000.) 1. Selection of tabor: During the perfor- mence of this contract, the Controctor shall not: If a. discriminaro against labor true any other State, posse"lon, or territory of the United States, or . b. 'ew080', labor for any purpose .rlthfn the limits of the prol.ct unless It is Iebor performed by gnvlcts v^w are on parole, supervised release, or probation. 2. E"loymemt Frecticsas a. The Equal Employment opportunity Affirmative Action Notice- set forth In 41 CFR 60-4.2 sod the Equal Employment opportunity Construction Contract Specifications sat forth In 41 CFR 60-4.3 are ihloor'por~by reference 'in this cont. se!. 1 b. Ilogulatlon 41 CFR 60-4.2 rei6tres goals &W tlmel Ism for minority and '?'"Is par - ticipstion expressed in psnoentsge frets for "the contrsclbr's aggregate work tore In each trade on all construction work In the covered free. The goals for this contract are stated elsewhere In "a bidding documents and in the co"fraction contract. - . `c.' Regulation 41 CFR 60-4.3 provldee speelfIc afflrmartive action stewards the COatr'@~ shall Implement to ensuru equalw- amploymeat opportunity to achieving th! - mincrlty'and female participation goals set forth in pasliaeph 2b of this Section. 3e Egad Opportunity Ciewel Ouring the Performance of this contract, the contractor agrees as follows: a. The contractor will- not discriminate against any employee or applicant for employ- ment because of race, color, rellglon,.sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employe« are treated during tlploymsnt without regard to their rap, color, religion, sex, or national origin. Such action shall Include, but not be limited to. the following: employment, upgrading, demotion or transfer; recruitment or recruitment ed- vertising; layoffs or termination; rates of pay or other farms of compensation; and, selection for training. Including apprenticeship. The contractor agrees to post in conspicuous Places, available to employees and applicants Revlsed 3 -21-88 FR-5 for employment, notices to be provided by the State. highway- agency (SHA) setting for" the provisions of this nondiscrimination -cfau e. . b. The contractor wil 1, in all so(lelterhons or advertisements for aeploye" placed by or On behalf of fho Conn- actor, sluts that all quall- tied applicants will receive consideration for employment without regard to rap, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which the contractor has a collective bargaining agreement roc other contract or understanding a notice to be provided by the %A advising the said labor union or workers' representative of the contractorrs commitments under "is Section 11, paragraph 3. d. The contractor will comply with all provisions of- Executive Order 11246, Equal Employment Opportunity, dated September 24, 1 965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of labor. e. The contractor will furnish all Mica tlon and reports required by Executive Order 11246 and by rules, regulations, and eiders of. the Secretary of tabor, pursuant thereto, and wf 11 permit access to its books. records, and accounts by the Federal Highway Admin7sh aiion (FMIA) and the Secretary of Labor for purposes of. Investigation to as- cam a(a compliance with such rules, regula- tions, and orders. f. In the event of the contractor's •non- reompliance with the nondiscrimination clauses .of this Section 11, paragraph 3, or with any of the sold rules. regulations, or ordrs. "Is contract may be canceled, terminated, or sus - peadod in whole or In pert. The contractor may be declared ineligible for further 6overnmant contracts or federally - assisted construction contracts in accordance with procedures autho- rised in Executive Order 11246 and such other sanctions as may be imposed and remedies Invoked as provided In Executive Order 11246 or by rule, regulation, or order of the Secretary of labor, or as otherwise provided by law. g. The contractor will Include the provi- sions of this Section 11. paragraph 3, In every subcontract or purchase order so that such R.vfS d 5 -21 -88 FR-6 provisions -will 'be' binding upon each sub- or supplier as a result of sucW dlractlon*, the contractor or vendor, exhtees .x..pted by rules, contractor any request the SHA to enter Into regula *fan., or m,Irx of thv Secretary of _ such litigation to protect the Interests of the Labor Issued pursuao.' to Section 204 of State. In w"It!cn, -hc w ;rector way rogo t Emec hive Order .11244: The contractor will the United States to enter Into such litigation take such action -ulth respects to any sub- to protect the Interests of the United States. contract or purchase order as the SMA or the FNMA may direct as a means of enforcing such S. General Participation Requirements: provisions,' including sanctions for non- . comp) lance. In the ova h1 a contractor becomes a. Policy: It Is the policy of. the DOT that a party to .litigation by a. suboonfractor or disadvantaged business enterprises (DOErs)' as condor as a result of such direction: the defined In 49 CFR Part. 23, shall have equal contractor ray request the SAN to_enter 11610:, .':. opportunity to participate In the performance such litigation to protect "a Interest of tpe of contracts financed In *,tole or.la part .vlth State. In addition, the coatrector- my request '- Federal funds. Consegvently, the requirements - the United States to.enter Into such litigation - of 49 CFR Part 23 apply to this contract. to protect the Interests of the United States.. b. Obligation: The.contractor agrees to take -_� all necessary steps to ensure that eligible 4. Selection of Subcontrectors, Procure► .businesses, as defined in 49 CFR Part 23, have ment of 14tarlels, and Leasing of Equip" equal opportunity to compete for and perform ' subcontracts financed in whole or In part with a. The contractor shall not discriminate on Federal funds provided under this contract. the grounds of rum, color,.sm. or national-,. e. The contractor's failure to.earry out tM 'origin In' the selection and .mention of. sub- - -: requirements: - of paragraphs So 'and _3b of this contractors, .Including procurement of materials .,- ;Svctloo 11, shall.; constitute a. breach of con - ' . and lasses of equlpment. In ell `sol lcltatlon's -_. ..tract and way result in termination of "a ct ' 010419 by the oont.aor - each potential sub- ... contract or other appropriate action. contractor or. supoller shall be aotifled by the d.-The contractor shall - provide all Informa- contractor of the contrectarts obligations tion and reports required by 49 CFR Part 23 or under this contract. relative to eandlscrlml- directives Issued pursuant thereto, and shell nation on the .grounds of race, color,. sex, or , . permit access to Its books; records. -accounts, national origin. other sources of Inforwation and Its foci lltles - b. In tea event of the, contractor's non- as may be detwminod by %a SMA or Ma FHNA to co"I lance with -the nondiscrimination prowl- be pertinent to ascertain copllance with the slons of this Section 11, paragraph 4, this regulations or directives. contract my be subject-to sanctions Including but not limited to the withholding of payments Ill. MOIKEGREGATED FACILITIES to the contractor under the contract until the contractor complies and /or cancellation, twol -. (Applicable to Federal -aid construction nation, or suspension of the contract in whole contracts end rimed subcontracts exceeding . or In pert. $10,000.) .c. The contractor shall include the provi- sions of this paragraph 4 In awry subcontract, a. By submission of this bid, the execution Including procurement of materials and losses of this contract or subcontract, or the con - of equipment. The contractor shall take such summation of this mateelel supply sgre ? or action with respect to any subcontractor or porches* order, as appropriate, the bidder, • proarement as the Sol or the FHWA may direct Federal -eld construction contractor, subcon- as a means of enforcing much provisions, In- tractor, material supplier, or vendor, es cluding sanctions for noncompliance. In the appropriate, certifies that the firm doss not event a contractor becomes Involved In, or Is malntaili or provide for Its employees any threatened with, litigation by a subcontractor R.vfS d 5 -21 -88 FR-6 n 0 megregeted faCllltles at any of Its establish - ~Tts, and that the firm does not permit Its employees to perform their services at any - locatlon, under its control, Where seoreoate.l ?eeilltlos are melntalned.. -The firm agrees - "W" a breach of this c -rlficetion is a viola - "v:;a of- the Equal Opportunity Clause in this contract. The firm further certifies that no owtolayee will be denied access to edequate farliltles on the basis of sex. ). As used to this cm mIficetlon, -the fare etowVgatsd fecllltles* mesas any waiting roo.aa,- wank ream, restrodms and weshrooms,- reri'aurvMs and other eating areas, timwclocks, locker rooms. and other storage or. dressing "roes, 'parking lots. drinking '=fountalns; rec: es Ion or enwtaiameat rees6f trsnspor- :tatloa,. and I—Ing facilities provided for .employees which are segregated by explicit - directive. :or are. In fact, segregated an the bests of race, color, religion, or national origin, because of habit, local custom, or "M -l". .. .e.... The contractor agrees that it has .. obtained or will obtain.ideatleal certification .fYC� . proposed subcontractors or material sappl fairs, ,prior to awed of wbeootrwts oral Gm.°nslmmmstlon of material Supply agreements.. exceeding, S10,000 and that it will retala such Certifications In its files. iVe PAt11EW of PRWETB IRM /QMOMI $ WAGE (Appllcable to federal -old construction contracts and related subcontracts exceeding 1. Gsearal: a. All mechanics and laborers employed or working upon tie site of the work will be aid wnconditionally and not less often than once a week and without subsequent deduction or recut* on any account (except such payroll deductions cs are permitted by regulations Issued by "a Secretary of Labor under the Copeland Act (29 CFR Part 3)1 the full amounts of wages and bona fide fringe benefits (or cash equivalents ?hereof) due at time of payment. The payment shall be computed at wage rates not less than ?nose contained In the wage determination of 14e„11.d 3 -21-88 FR -7 0 the Secretary of Labor (hereinafter Wtha raga det"Inatione) Which Is attached hereto and made a part hereof, re9ar-01ess of any c0ntrac- :1;: Fa: L.aMenip which mim.ho !!!_y °, 4 between the contractor or Its subcontractors wand sots. iw::cer..rs aid mechanics.. -The. wage determination (including any additional Classi- fications and wage rates conformed under Pera- graph 2 of this Section ly and "a DOL poster (Wm1- 1321) or Fares FHWA -1495) shell be posted at all times by the oontroctnr and its subcon tractors at the sift of tits work Ice a prominent and scoesslbla place whore It can be madly seen by the workers. For +6,o- purpose of - fhIs Section, contributions made or costs reasooebly anticipated for bona fide fringe benefits under Section 1(b)(2) of the ,Davis -flacon Act (40 O.S.C. 276a) on behalf of laborers =' mechanics are considered weges paid to such .laborers or mechanics, subject to the provislaas of Section IV, paragraph 3b, hereof. Also, for the pur- pose of this Section, regular contributions made oncosts Incurred 'for more than a weekly period (but - root less often then quarterly) under plans. funds, or programs. Mich cover the particular weekly period, are demand to be construictively made' or ,laew'rd during soda weekly 'period. Such laborers mad mechanics shall.be aid appropriate wage raft, and fringe benefits on tie wage determination for the classification of.-work actually performods without regard to skill. except as provided in paragraphs 4 mad 5 of this Section IV. - b. Laborers or mechanics performIV work 14 more than one classification may be er)mpensated at the rate specified for each clasulflCatlon for the ties actually worked therein, provided, that the employer's payroll records accurately set fo, 11 the time spent to each classification In which work is performed. C. All rulings and interpretat'ans of the Oevis-ilecon and Related Acts contained in 29 CFR Parts 1. 3, and 5 are, herein incorporated by reference In this contract. Z. Class(ticatlont a. The SNA contracting officer shall :require that any class of laborers or mechanics employed under the contract, which Is not 0 I fated In the cage determination, shell be elessif led V1 conformance with the ' wage b, The condo :ing officer r!�±l! additional clasaJtiation, we" rate and fringe benefits therefor only when the following criteria have been mete (1) the work to be performed by additional Classification toque" Is performed by u classification in the determination; - t2) the additional classification utlItied In (Sae area by the Ibonstruc Industry; and . t3) the rate 4 1udI tlon. Said Administrator, or an author! Zed 'representative, will Its" a determination withtn 30 days of receipt and so advise the contracting r't!c_r nr a :i notify, "o :con- tracting officer within the 30 -day period that additional time Is necessary. •, The "go rate (including fringe benefits where appropriate) determined pursuant.to Para- The graph 2c or Zd of this Section IV shall be paid not to all workers .performing work-In the oddl- wage tlonai classification from the first day on which work is performed In the classification. tibn 3. Payment of frlmge Benefits: proposed wage , nC ng any ..Mhenewr tenmin imam • rote prescribed ' bona fide triage beaef Its. hears a reasonable .. relationship to the wage rates coal land In ten 'wage determination. c. It "a contractor 'per: subcontractors, as appropriate, the! laborers: and-- macMnia:.(lf, i- known) to be amployed- la- ten, additioml. "tlasslflcatton .or•.thsir.::rapreaaafetives,. -and .. the bontracttag offlabr owes-oat" class! -., flation and -wags rata'- (Including Ito amount, designated for frings, benefits .where appro .prlate)r'a report of tho- action taken shall be sent by the contracting officer to the U.S. Opartment of'labw. Administrstai.of the liege and ...Hour -. OlvlsioN — Employmeal Standards Administ. ttoa,. Washington. O.C. 20210., The Wage and four Administrator. or an authorized, representative, -wlll:.approve, modify, or. dis- approve every additional classification action within 30 days of receipt and so advise the contracting officer or. .vlil notify the contracting officer within the 30-day period .that addltlonal.time Is necessary. - d.. In ten event ten contractor or subcon- tractors, as appropriate, . the. laborers or mechanic to_ be .0 en ployed Is the classifiatlon or their representatives, and the contracting Officer do not Was on the proposed classification and we" rate .(Including the amount designated for fringe benefits, where appropriate), the contracting offices shalt rotor ten questions, including the views of all Interested parties and the recosaendatton of the contracting officer, to the Wage and four Administrator for determina- a. rag in_ the. contract for a ..class Of laborers or mechanics includes a fringe beaef It .which Is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, ihalI either pay the benefit as stated In the wage deter- mination or shall pay another- -bone 44de -bring. <;. benefit or an hourly ash equivalent thereof. a b.-,If. the contractor or subcontractor. as .._ approprlate,.:,does not m*Qe payments to ,a trustee or,~.third person_,' Wshe -way COn- _ >.slder._as part of the wages of. any'- laborer per mechan lc the: amount 'of any costs reasonably anticipated in providing bone tide fringe benefits under a plan or program, provided, that the Secretary of labor has found, upon the written .request of the contractor, that. the applicable standards of the .0avts..9acon Act have been met. ' The Secretary of Labor say require the contractor to set aside In a sepa- rate account assets for the meeting of Obligations under the plan or program. 4. Apprentices and Trainees (Programs of -ten U.S. Department of Labor): a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and Individually registered In a bona fide apprenticeship program registered with the U.S. Department of Labor. Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency R. "s.d 3-21 -c ti FR-8 . i illt. 0 recogn I zed by the Bureau, or If a parson Is employed In his/her first 90 days of probation- ary eep)oymert as ad apprettica In such pee - ■pprenticeshlp 0 rem, W :s ro: Lxdivldiully r.tafster±d In the prbgrmm, but who has been. certified by the Bureau of Apprenticeship end Training or a State apprenticoshlp agency agency (where appropriate) to be eligible for probation" employment M an apprentice. (2)- The allowable ratio of apprentices to Journeyman level employees on the Job site In any craft classification shall not be greater . then the ratio permitted 10 the contractor as to The entire work fore under the registered Program. hey employee listed on a payroll.ar an apprentice wage rate. who is hot registered or otherwise employed M stated a"O. shall be- paid not less IS" the aalicellie us" rat* listed .in ton ;rage determination for the classification of work actually performed. In addition# any apprentice performing work an the Job site In craws of the ratio permitted under the registered progi -shell be aid not less .. than the applicable aage' rah an ton wage determination for 'the waft actually performed. Ilhere a contractor or subcontractor Is perfofm- Ing construction Ca a project In a locelity` - other than that In which Its program Is reglsa- to .foe ratios and wage rates ( expressed In ..percentages of the Jouraeymea-48"i hourly rate) specified In the contractor's . or subcontractor's registered- :program shall be observed. . (3) Every apprentice mist be paid at not, less then the''rate specified in the registered program for th e I opprrtic0s level of progress. expressed as a poccentaga of the Journeymen- level hourly rate.specified to fine applicable wage deteraination. Apprentices shell be paid fringe benefits in accordance with the provl- alone of the soorenticeshlp progrwm. It the appr'ent(uship program domes act specify fringe I I fits. sopreatIcas must be paid ton full amount of fringe benefits listed on the we" determination for the applicable clessiftca- tion. If The Adwlnhsir~ for the "age and )lour Division determines that a different practice 0"Welis tar the applicable apprentice classification, fringes shall be paid In accordance with that- determlaaflon. Revisal 3-21-68 FR -9 (t) In the event the SUreaY of Apprentice- ship and Training, or a -State _apprenticeship agency recognized by the Bureau. withdraws pep- --o_2: r. an apprenticeship .program. the contractor or subcontractor will no permitted to utilize apprentices at less than ion applicable proM ermined rate for ton comparable work performed by regular employees until an acceptable program Is approved. b. Tralneess (1) Except as provided In 29 oCFR 3.16, trainees will hot be permitted to work at .less than the predetermined rata for the work per- formed unless they are employed pursuant to and Individually registered In a program which has received prior approval, evidenced by fond certification by the U.S. Department of Labor, Eaploymant and Training AdmldislratIon. (2) The ratio of trainees to Journeyman- towel employees an ton Job site shall hot be greater than permitted Imder the plan �ppr'oved by the Employment and Training Admialstration. My employee fisted on ton payroll at a trainee rah who Is not roglstend and participating In a training plan -approved by the Employment and Trataing Administrallon shall be paid not less than t" applicable wage rate on the wage determination for ton classification of work actually performed.- in addition. any: trainee performing work an the job site In excess of ton ratio permitted under the registered program shell be paid not lass then ton- appll- cable wage rate on the saga determination for ton work actually performed. (3) Every train" must be paid at not less than ton rote specified In the approved program for his/her level of progress, expressed as a- percentage of ma Journeymen -level hourly rate specified In ton applicable wage determination. Trainees shall be aid fringe .benefits to accordance with the grovlslods of the tralnee program. If the tralnee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on ton wage determination unless the Administrator of foe wage and Four Division datermines that there is an eopredtleesnlp program associated with no corresponding Journeymen -level wage rate on ton wage determination which provides Y determination which provides for lass. "than full.. fringe benefits for apprentices. In which case . such trainees" shalt receive tan ", same fringe benefits -(4) In tine avant the Employment and Training Administration withdraws approve) of a training program, the contractor or suboontrsctor will no longer be pat Itted to utlllre "tralneas at less than the applicable predetermined rate for the work per fal until an acceptable program Is approved. C. Equal Employmol Opporfwlty: -. The utilisation of apprentices;. trainees. and Journeyman -fame employees =shall be In conformity with the equal employment oppor- tunity requirements of Executive_ Order 11246, 23 CFR 230h, and 29 CFR Part 30. - 3. Aeprentloes sad Trainees (Programs of the U.S. Department of Tramsportatlom): Apprentices .and trainees - working under apprenticeship and - skiff straining programs which have *been certified by Ilia Secrate" of Transportation as pttimoting peal employment opportunity la connection with Federal -ald highway construction programs are not subject to the requirements of paragraph 4. of this Section 19. The I. lght -tit - hourly wage rates for apprentices and trainees under such Programs will be established by I11e particular- . programs. The ratio of apprentices and trainees to journeymen shall not be, greater' than permitted by the terms of the particular.. program. 6. Withholdings The SM * shat i upon Its own action or upon written request of an authorised representative of tan OOL withhold, or cause to be withheld, froin tan contractor or subcontractor under this contract or any other Federal contract with the. same prime contractor, or any other federally_ assisted contract subject to Davis-Baeon pre- vailing wage requirements which Is held by the same prima Contractor, as much of the accrued payments or adwands as may be considered necessary M pay laborers and mechanics. R.vIS. 3 -21-68 .Including apprantices,.trslnees._ sed .helpers, employed by the ooatrsctnr_or, -any subcontractor the full amount of - wages" required by the. con in the event of fa(lure it paY; any_ laborer a, machanlc.'ineluding.'any apprentice, trainee, or helpprs'aaployad or working on the - site of the work, all or part.zof the rages required by the contract, the SIN contracting officer may. attar mrltten nati06 to the con- tractor, "take such "actloo as e_ ye- ba " nectssary to cause the sospansloe or any fwrther paywant, advance, or. guarantee of funds "until such violations have ceased. 7. Overtime Regairemsntss No Contractor or subcontractor contracting far pny part of the contract work !Mich may require or Involve the employment of laborers, mechanics, watehmsay or guards . (Including apprentices and tratness described In para graph's 4 and S above) shell iaVUtre or permit any laborer, 'mechanic, watchmen, or guard in ` any workweek An Mich he/she is employed on such work.' to 'work (o excess of 40 tours in "such workwiakunilss such laborer; mechanic, watchman, or guard receives - compensation at a rate- not -less -than one- and-one -half ' times his/her basic "rate- of .pay for all -hays worked In excess 'of 40`hours to such workweak. FR -10 8, ytolatfom: LlablI sty - for - tlnpald Wages, Liqui fated .Camages: -In tan event of any violation of the clause sat 1forth -to Oaragraph .7 above, the contractor and any subcontractor- responsible therefor 'shell be liable -to" --tan affected employes for h(s/her-unpe(d wages. (a addition, such contractor, :end". subcontractor - shu?II be liable-to the United .States (in tan. case of work done under contraat� for -the District of Columbia or 'a territory, to such District or to such territory) -for liquidated damages. Such liquidated damages "shall be computed with respect to each Individual - laborer, mechanic, watchman, or guard employed to violation of the clause set forth. in paragraph 7. In the sun of $10 for each calendar day on which such employee was required or permitted to work In excess of the standard workweek of 40 lours J, without payment of the overtime wages required by the clause sat forte in paragraph 7. 1- rf"holdlao for lMp.m•� iCaye� z.ad Lzgglda7ad Oemegesz - The SHA she l goon Its awn action or upon written request of any authorizod reoresente- five of the OOL withhold. or cause to be withhold, from any monies payable an account of Work performed by the contractor or subcon- tractor under my such contract or any caner Federal contract with the same prime -con- tractor, or any other foda fir- osslsted contract subject to the Contract Work Hours and Saf ty Standards Act, which is held: by the sera PC I me Contractor, such sued as miy be d~- aimed to be necessary to satisfy any llablll- tles of such contractor or subcontractor for unpaid woos and liquidated damages as provided In the clause sot faro In paragraph U above. V. STAT1OOM AND PAMOLLS (App1Ica01e to Federal -oid construction contracts and rotated subcontracts exceed.IM $2.000.) .. s• 1. Compilance with Copeland Regulations (29 CPR Pert 3): . The contractor • shall amply - with the Copeland Regulations of the Secretary of Labor which are herein Ineorporeted`by reference. 2. Payrol l s and Payrol l -Records; `a. payrolls and- basic records relating thereto shall be maintained by. the contractor and each subcontractor during the Course of the work and preserved for a period of 3 years frame the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, and guards working at the site of the work. b. The payroll records (ball contain the name, social security number, and address of each such employee, his or her correct classification, hourly rates of wages paid (Including rates of contributions or costs Rerls+d S -2{-88 FR -I1 lb anticlpeted for bona fide fringe benefits x cash equivalents thereof of the types desrrlUad In Section l(b)(2)(8) of the Davis-eacOm Ac ?), daily and weekly number of hours varxe•!. d a <� tlons made and actual wages paid._ whenever 452a Secretary of Labor, pursuant to Section 1'i, paragraph 3b, has found that the wages of a" Iaborar or mechanic Include the amount of any costs reasonably anticlpeted In providing benefits under a plan or program described In Section l(b)(2)(8) of the Devls -Bacon Act, the contractor and ..eh subcontractor shall main- fain .records retch show that the commitment to provide such benefits Is eaterceeWe, that the - plan or program Is financially responsible, and that the plan or program has bean commun lilted In writing to the laborers or mechanics affect - ad, and records .hide show the costs antic) gated or the actual Costs Incurred In providing -such benefits. Contractors or sub - contrectors employing apprentices or trelnees under approved programs shall maintain written evidence'of the reglstntlon of eweaticeship programs and certification of trainee programs, the registration of apprentices and trelnaes, and tla ratios and'waye rates prescribed in the applicable programs. - c. Each contractor and subcontractor shall furnish each weak In which any contract work Is performed to the_ SIIA resident engineer a pay- roll of .wages paid each of Its eoployees (Including apprentices and trainers described In Section IV, paragraphs a and S and vatclw.en and guards engaged on work .during the preceding . weekry payroll period). Tine payrolls submitted shall sat out accurately and completely all Gf the lnto'"mien required to be maintained under paragraph 2b of this Section V. This Imforme- tion may be submitted In any fora desired. Optional Form tat -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stocc number 029 - 003-0014-1), U.S. Government Printing office, Washington, O.C. 20402. The Prime contractor Is responsible for the submission of coples of payrolls by all subcahtractors. d. Each peyroli submitted shell be accoo panted by a "Statement of Comollance.- signed by the contractor or subcontractor or his /her agent who pays or supervises the payment of the AX parsons employed under the contract and shall certify the following: . ( 1) that the payroll for 1M payroi 1 period .n tains the.lnformat ion required to be main - tained.under paragraph 2b of "is Section V and that such Information 16 correct and comp tats; . (2) that -such laborer or mechanic (including each helper, apprentice, and train") employed on the contract. during "a payroll period has bean paid "a full weekly ragas earned, without rebate, either directly or Indirectly, and that no deductions have been made either directly or indirectly from_the fail wages earned, other than permissible deductions as set forth In the Regulations, 29 -CFR Part 3; (3) that each laborer ar '"nie has been paid not less than the applicable wage rates ,and fringe benefits or cash equivalents for "a, classification of work performed, as specified In the: applicable wage determination incorporated Into the contract. a. The weekly. submission of a properly exe- cuted certification. sat forth on the reverse side of_optlonal Form WH -347 shall satisfy "a, requirement for submission of "a *Statement of Comp(lence* ro"Ired by paragraph 2d of this Seetlon V. . f.. The falsification of any of fit* above certifications may subject the oantractor to civil or. criminal prosecution under Section 1001 of Title f$ and Section 231 of Title 31 of the United States Code. g.- The contractor or subcontractor shall make the records required under paragraph Zb of this Section V available for Inspection, copy - Ing, or transcription by authorized represante- tives of the SHA, the FWA, or the OOL, and Shaft permit such representatives to latervlew- employees during working hours an the job. It the contractor or subcontractor falls to submit the required records or to sake them available, the SRA, the FHNA, oOL, or all may, .after, written notice to the contractor, sponsor, app lcent, or owner, take inch actions as may be necessary to muse the suspension of.._.any further payment. advance, or guarantee of funds. Furthermore, fallure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 3.12. Revised 3 -27-98 FR -12 SSS.SSfff3SS.ffSSS Yl. F== OF MATERIALS, WIPLIFS, !VO LABOR 1. On all Federal -aid primary, urban, and Interstate System contracts, except those which Provide solely tar the Installation Of protec- ti" devices at railroad grade crossings, those which are constructed an a force aeoount or direct labor basis, big" -beautlflcatlon contracts, and oontrecYs for which Me total final construction cost for roadway and bridge Is less then S 1,000,000 (23 CFR Part 6331 the contractor shall: - a. Become familiar with the list of specific materials and supplies contained in Form FH11A -47, *Statement of Materials and Labor Used by Contractor of Highway (bnstruction Involving Federal Funds,* prior to the- copmencemaat of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and Incorporated In the work, and also of the Quantities ot._those specific materials and supplies listed an Farm FHWA -47, and In the units shown on Forty FNMA -47: c. Furnish, upon the completion of the contract, to the SHA resident engineer an Form FWA-47 together with the data required in paragraph ib rilative to materials and sup - piles, a flnet %labor summary of all contract work Indicating the total lours worked and the total amount earned. 2. At the prise contrector4s option, elthar a single .report covering all.contract work or separate reports for ft* contractor and for each subcontract shall be submitted. VII. SUBLETTING 0R ASSIGNING TIE CONTRACT 1. The contractor shell perform with Its ovn orgenizatlon contract work amounting to not less then 30 percent (or a greater percentage If specified elsewhere In the contract) of the total original contract price, excluding any specialty Items designated by the State. _Specialty Items may be performed by Subcontract end the amount of any Such specialty Iteas so I' . performed way be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR Per* 63SI. a. "Its own argealzationw shell be construed to Include only workers employed and paid drrectly by, the prime Contractor and equipment owned or rented by the prime mntrector, .with or without operators. Such two doK lot in- clode _iaployees or. equ1~1 of a subcon- tractor, assignee, or .agent of the prime contractor. b. wSpeclalty Itemse shall be Construed to be Ifatted to wank that requrre_s highly apacisllzed knowledge, abilities „ or equipment not ordinarily available la. the type of con- tracting organ(zstlons qualified and expected to bid on the contract as a whole and In general are to be limited to minor components of Ilia overall contract. responstbllity for the fulfillment of thi contract. Written consent will be given only after the SHA has assured that each subcontract I_ 3 - U a n C i " Ice -wri Tlno and thw+ 1+ '.•±-•++f _ -- a l l pw -1 nent p--- -*' , I p -- .1.1 the prime Contract. Vitt. SAFETY: ACCIOOIT PREYFMIOH 1. to the performance of this contract the contractor shall comply with all applicable Federal. State, and local laws -governing safety, health, and sanitation (23 CPR Part 633). The contractor shall provide all safe- guards. safety devices and prot+et(ve equipment and take any other needed actions as It deter- mines, or am the SHA coafrecring officer may deterefne, to be reasonably necessary to pro - tact the Ilfe and health at employees an the job and the safety of the publ)c and to protect property in connection with fen performance of ten work cov+red by the Contract; . 2. The contract ..amcanf upon which the 2. It is a condition of this contract, and requirement sat for" - in..Pa soaph 1 of this shall be made, a condition of each subcontract. Section YI I Is computed includes, .the cost of.. entered Into pursuant to this contract, that "!metals and m ate.tured products 'which are the contracts and any suboontractor shall. roc to be purchased or. produced by the eontraclof rewlee airy laborer or mechanic employed In under the contract provisions. performance of the 'contract Yo work to sur- 3. The .contractor' cshall furnish (a) a comoetvat -suorlatendemt. r suprvlir who Is employed by Ma firm, has ,full authority to direct Performance of "w-work to accordance with the contract regnI samer ” and Is In chrge of all construction operations (regard- less of who performs the work) aril Of such other of Its own organizational resources (supervision, menegeaawt, and engineering . services) as the SHA contracting off lcer deter - Mines Is necessary to ensure the Performance of "a contract. a. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized represinta- tive, and such consent when given shall not be construed to r'elleve the Contractor of any R.vls.d 3 -21-88 FR -13 roundings or under Conditions which are uR- SWITary, hater"", or dangerous to his/her health or safety, as determined urdr oonstruc- tlon safety Viand health standards (Title, 29, Code of .Federal Regulations, Part 1926. _(fo- m w ly Part 1316) as may be ravisedl promli- Wad by the Secretary of Labor, In accordance with Section 107 of tae Contract work Hours and Safety Standards Act (83 Stat. 96). IX. FALSE STATEMENTS CONCFRNINQ H161MAY PROJECTS In order to assure high quality and durable construction In conformity with approved plans and specifications and a high degree of relia- blllty on statements and representations wade by engineers, contractors, suppliers, and workers on Federal -old highway projects, It •Is essential that all persons concerned with the -- Project perform'thelr ".functions. as carefully, thoroughly, and honestfy as possible. Wtliful fals(fmcation, distortion, or misrepresentatlon with respect to env fec+ M.1 --tsd T_ jectAs a violation of Federal law. To'prevent any misunderstanding regarding the seriousness of these and similar acts, "o following notice shall be, posted on each Federal -ald highway project (23 CFR Part 635) to one or more places where It Is readily available to all persons concerned with the project: .. i1.1111SS1ISSf.115 3 NOTICE 70 ALL FERSOfaIEL E)IGA6ED ON FEDERAL -AID HIGHWAY PROJEM Title 16, United' States Code, Section 1020, - reads as follows: " e•Mhosvor, being an officer, agent, , or ewptoyee-ot fit* United States, -or of any State or .Territory, or whoever, "whether a parson, association, .firm, or corporation, knowingly. makes any false statement, false represents tion, or fat" report as to the chars~, Quality,.quantity, or cost of the mator:lat used or to be used, or the rusntity or Quality of the work performed or to be performed. -or the Costs thereof In connection with the submission of plans, maps, specifications, contra, or costs of construction on any highway or rnlatad project submittsd for eoprovei- to the Secretary of TreaspoiI tion; or " "- Whoever knowingly makes any faiso state - mart, false representation, false report 'or false claim with respect to the character, Quality, Quantity, or cost of any work per- formed or to be performed, or materials fur alshed or to be furnished, In connection with the constructlon of any highway or related project approved by the Secretary of Transportation; or -Whoever knowingly makes any false statement or false representation as to waterlog fact In any statement, certificate, or repay submitted pursuant . to orbvislons of the Fedral-Ald Roads Act approved July 1, 1916, (39 Stat. 355), as aamded and supplemented; -Shall be fined not more than StO,000 or Imprisoned not more Than 5 years, or both -- Revised 3 -21-88 FR -14 A. eWL8EMtAT1nY K r4_U.. Oil ..y, A;Z FtDMAL MATER POLLUTIOH CONTROL ACT (Applicable Federal -ald' construction contracts and related subcoafracts - exceeding 4100,000.) -. By submission of this ' bid. `or. the axocutlon of this contract or' subeartract, as opoco- prlate, the bidder, Federal -ald construction contractor, or subcontractor. -as appropriate, will be- deemed to have stipulated as follows: 1. That any facility that is or will be utilized In the performance of ^!s 'contract, unless such contract Is'- "exempt under the Clean Air Act. as amended (42 U.S.C. 1857 of seq.. as amended by Pub. L. g(- 604),-" and under f'he Federal Mater Pollution 'Control- Ac*, as amended (33 U.S.C. 1251, of sea., as amended by Pub. L. 92 -300). Fiocutive Order 11738;" and regulations in Implamaritatlon fhireof (40 CFR Part 15) Is not listed; an the date of :contract award, on the U.S. • Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2." That +h*-:firm In CoapIlaw* with Section t14- of.-the 308 of- ._the. Federal and all -. regulatto thereunder. . agrees, to - comoiy and remain all '- the- - :equ irements of Clean Air Act and Section Mater:. Pollution Control , -Act is and. guidelines Iisted 3. That the firm "shall promptly notify The SPA of the receipt of any; communication from the Director. Office of Federal Activities, EPA, 'Indicating that a -facility that Is or will be utilized for the contract : Is under consid- eration to be listed on "?h: - E'n List of Violating Faell)tles. 4. That the firm agrees to Include or cause to be Included. Tha requirements of paragraphs 1 through 4 of this Section X in every nonexmmot subcontract, and furthec . agrees to take such action as the government nay direct as a mans of enforcing such requirements. 9 6-1.06 FEDERAL-AID FDNLE ANO MINORITY GOALS In accordance with Section 11, Non -smu Countlof .......... _ .... Z3.2 eNOndlserlAlnetlM . w 7 =�.; .•p:. au. of •Nepulrw.l .... LA,;;&; %;A Contract Provisions Federal -old Constructlon ' CA San Ben Ito. Contracts* the following rc thv goats for feel utilization: 177 Sacramento. CA: Goal for women - SMSA Countless: (applies nationwide) ....... (percent) 6.9 6920 Sacramento, CA..,._o.,,.. 16.1 CA Placer; CA Sa-- ozanto; The following w goals for minority CA Volo. utilization: Mon -Si15A ..... 14.3 CA Butte; CA Catty; - CA El Oorado; CA Gtena; CALIFORNIA ECONOMIC AREA;,_ CA Move"; CA S;wro; . Goal CA Sutter; CA Yuba. (Percent) ' 178 Stockton-Modesto, CA: 174 Redding, CA: _ SNSA Counties: Non -SMSA Counties ... ;............ 6.8 5170 Modesto, CA........:r ....... 12-3 - CA Lassen; CA `Ibdoc; CA 51hanisiMa. CA Pluses; CA Shasta; 8120 Stockton, CA. ..... o...... 24.3 CA Siskiyou; CA Taboos. CA San Jopufn. 175 Eureka. G: - Mon -SMSA Counties ................. 19.8 CA Alpine; CA Av4dcr; Non -SMSA Counties ................ 6.6 CA Caloverss; CA i�rfpcaa; CA pal Mort *; CA Humboldt; - CA Merced; CA Tuoluone. CA Trinity. ' 179 Fresno-43ekerstlld, CA: T76 San Francisco- Oakland -Un. Jose, -CA: ' SMSA Counties: SMSA Counties:_ 0680 Bakersfield, CA ... o...... 19:1 7120 Salinas-Seaside- CA Kern. •Montrey, CA ................ 28.9 2640 Fresno, CA ........ o...... 26.1 CA Monterey. CA Fresno. - 7360 San Francisco - Oakland, CA. 23.6 Non -SMSA Counties.........,........ 23.6 CA Aimmoda; CA Contra Costa; CA Kings; CA Mada e; CA ftrin; CA San Francisco; CA Tulare. • CA San Mateo. 7400 San Jess. CA .............. 19.6 160 Los Angeles. CA; CA Santa Clara. . 7485 Santa Cruz, CA............ 14.9 SMSA Countless: CA Santa Cruz. - 0360 Ananefa -Santa Ma- ,erden 7300 Santa Rosa, CA............ 9.1 Grow. U,...... ........... 11.9 . CA Sonoma. CA Orange. 8720 Vallejo- Falrflld- "SO Los Angeles -4x Napa. CA .................... 17.1 Beech, CA ..........« ....... Z8.3 CA Naoa; CA Solano CA Los Angeles. 6000 Oxnard -Steal Ye; I.;-.r- Ventura. CA........_ ....... 21.5 CA Ventura. Revised 3-21 -8 FR -IS 0( 6780 Rl.ersido-Saa Bernardino- Ontario. CA ................. 19.0 CA Rlverslde; ' 7450 Santa Barbera -Santa Marla- . Lompoc. CA ................:. 19.7 CA Santa Barbara. .. Non -SMSA Counties................. 24,6 CA Inyo; CA Wno; CA San Luis Obispo. 181 San Olego. CA: SMSA Countless, 1 7320 San Of ago, CA............ 16.9 CA San Otago. Non -SMSA Counties ................. 18.2 CA loo*rlel. 1. Revlsad 3-Z 1-88 FR -16 In addition to the reporting rpulre nts sat forth elswhere in this ccmtract the :.ouiractor and subcontractors holding subcontracts, not including Material suppliers, of $10,000 or sore, shall submit for_ eery month of July during which work Is performed, eaployment data as contalnad, under form PR -1391 (Appendlz C to 23 CFR. Part 230), and In accordance with the Instructions included thereon. r 6 -25-79 SLC'ION 6-2. R -=QUIZ __1__NI IWLT_YI4'C SP°_clti. P.R.0 ISIG+ 6 -2.01 As pa Z-- of the C�ntrac`or's equal coploymant opportunity affir- -- active action program, training shall be provided as follows _ She Contractor shall provide on -the -job training to develop full journeymen:in the types of trades or job classification involved.. She goal for the number of trainees or apprentices to be trained under the regairements of this special provision will be 7 In Lhe evert the Contractor subc-zintrac -.s it portion of tze c�n�ac� work, he shall deter=d ne how many, if any, of the trainees or appren- tices are to be trained by the subcontractor, provided however, that the Contractor shall�retain the primart responsibility for meeting the training requirements i.aposad by this special provision. She Contractor shall also insure that this Training Special Provision is made applicable to such subcontract. Where feasible, 25 percent of : trainees or apprentices in each or^apatlon shall be in their first year of appren ^lceship or training. ::he n,,r�er of trainees or apprentices shall be distributed among _ the work classifications on the basin of the Contractor's needs and the availability of jouxneymen in the various classifications witYin a reasonable area of recraitssmt. Prior to cormencing work, the Contractor shall submit to the Department for approval the n bar of trainees or apprantices to be trained in each selected classification and training grogram to be used. Furthernore, the Contractor shall specify the starting tits for training in each of the eimsi_'Sutiona. She Contractc= will be credited for each trainee or apprentice employed by hi= on the contract work who is currently enrolled or becomes enrolled in an approved program and will be reimbursed for such trainees or apprentices as provided hereinafter. Training mnd.upgrading of minorities and women toward jocrneymen status is a prima -^y objective of this wining Special Provision. Accordingly, the - Contractor shall make every effort to enroll Minority and women trainees or apprentices (a-g., by conducting systematic and direct rec_aitment through public and private sources likely to yield minority and vcmen traim"a or apprentices) to the extant such personr . are available within a reasonable area of recr-aitment. ^he Contractor will be resDorsible for demonstrating the steps that he has taken in pursuance thereof, prior to a deter=im ation as to whet`.er the Con- tractor is its c=rmpliance with this -raining Special Provision. T's. training commit- nt is not int -nded, and shall not be used, to dis- criminate against any applicant for training, whether a member of a minority group or not. No e=plovee shall be etgloyed as a trainx or apprentice in any c'lassif'ication in which he has successfully eo=sleted a training course leading to jou.rseyman status or in which he has been e=p loved as a Journeyman. She Contractor should satisfy this requirement by including appropriate questions in the amplovee application or by other suitable means. Regardless of the method used the Ccntraetvr's retards should docent the findings in each case. ^.he =i. izu= length and type of training for each classification will be as established in the training program selected by the Contractor and approved by both the Deparroent and the Federal Highway Administra- tion. ':he Department and tha Federal Highway Mminiat:ation will approve a progra= if it is reasonably calculated to meet the equal e=:ployment opportunity obligations of the Contractor and to qualify the average trainee or apprentice for journeyman status in the clasaiflcatlon concerned by tLha and of the training period. Further- more, apprenticeship progra=s registered with t.`.: Q.S. Depart,ent of Labor, Bureau of apprenticmehip and IYaizing, or with the St to of Callfornia, Deoart� nt of Industrial R.alatlona, Division of Appren- ticeship Standards reeogni_ed by the Bureau and training prograaa Co 1-r E - Z6-73 approved but not nccoeaari'_v a more -." Lv c:: C_S. Depart> nt of ' Labor, 3urcau o! AP'. t'anticeship and Train ing shall also be considered acceptable prov:3ad it is being -- administered in a Wanner consistent wit-h the equal employment obli- gations of Federal -aid highway construct-'on eontracts. kpprov&l or acceptance of a training program shall b+ obuined fro= tho Stan _ prior to commencing wart on the classificat,m covered by the pro- gram. It is the intention of thaw provisions that training is to be provided in the construct-4on crafts rather' than clerk - typists or seeratsrial -types positions. T-alninq is permissible is lover level managamnt positions such as office engixers, esEinators, tize- heepera, etc., where the training is oriented tcwA=d construction . Applications. ?=sizing Ln the laborer elaas!fica'tlon may be permitted provided that significant and neaningful training is provided and approved by tie. division of._ic=, Some offsite train- ing is permissible as long as the triinihq is an integral part of an approved training program* and does not co: ?rise a significant _ part, of Lie overall trainin4. Except as ot:erwise noted below, tha Cmmteactoz will be reimbursed So cents per hour of training given an e.:ployee on this cont=act in accordance with an approved training program.., As approved by the Engineer, rei=bursament will be made for tralaing of persons in excess of the number specified heroin. =L-s reimbursement will be. a _. made even though the Contractor receives additional traininq pro= _ gram funds from other sources, provided such ocher source does not _ specifically prohibit the Contractor err receiving ot•%cr raimburse- went. Re4`,ursement for offsite trainin-S indicated above may only _ be made to the Contractor wbara he does one or more of the following how. and the trainees or apprentices are cone -.= =: lt'_y employed on a ' Federal -aid project; eontributas to'tha cost of the training, pro- vides the instruct -ion to the trainee or agarunticm or pays Lha trainee's or apprentice's wages during t`.e offsite training period. No payment shall be made to the contractors if either the failure to provide the required training, or the !xi-'ura to hire the trainee or apprentice as a jou=mayman, is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requl_^amnta of this Training Special Provision. It is no_ -orally axpec -._sd Ghat a trainee or appre_zt_r- will begin him training on the project as soon as feasi�ble after start of work utilizing the skill involved and remai.'t on t''e project as long as training opportunities axist in his work cla sificat:on or until he has c latad his trsininq program. :t is not required that all trainees or apprentices be an board for the entire length of the cone acct. A Contractor will have fulfilled his responsibilities under t`!s Triinizq Special Provision is he ;,As provided acceptable training to the number of trainees or apgren�� -,ces specified. The number trained shall be deter=ined oz the ba:•is of tha total number enrolled on the contract for a signifi —mt period. only trainees or apprentices registared in a program approved by the State of California's State of Apprenticeship any ' be employed on the project and said traln.ees or apprentices shall be paid the standard wage specified under tae r�qulations of the craft or trade a£ which they are employed_ TY.e Contractor shall furnish the traihe. :,r apprentice a copy of the program he will follow in providing the :raining. rte Contractor shall provide each trainee or apprentice vit'.i a eer^lfleatioa showing the type and length of training satisfactorily colleted. Tye Contractor will provide for the =-e intrnanca of records and furnish periodic reports docu=antinq his par'or=ance under this ^-sininq Special Provision. _ EXHIBIT "B" CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the and duly authorized representative of the firm of Williamson and Schmid Consulting Civil Engineers, whose address is 15101 Red Hill Avenue, Tustin, California 92680, and that neither I nor the above firm I here represent has: a. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; b. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services for any firm or person in connection with carrying out the agreement; or C. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the State Department of Transportation in connection with this Agreement involving participation of Federal Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. /a - /a- 90 Date --Signature EXHIBIT "C" TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The prime Consultant, under penalty of perjury, certifies that, except as noted below he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining Consultant responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. NOTE: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall constitute signature of this Certification. WILLIAMSON AND SCHMID CONSULTING ENGINEERS WILLIAOSON & SCHMID L.Pi CONSULTING CIVIL ENGINEERS AND LAND SURVEYORS November 27, 1990 Mr. John Wolter City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Dear John: SUBJECT: PROPOSAL FOR ENGINEERING SERVICES CONSTRUCTION PHASE; NEWPORT BOULEVARD WIDENING; OUR JOB NO. 87260 We are pleased to present our proposal for the construction phase of the Newport Boulevard widening project. Williamson and Schmid will support the City of Newport Beach staff by providing the following engineering services. 1. Attend field and office meetings with contractor, city and Caltrans staff. 2. Perform periodic field observations of construction activities to ascertain compliance with plans and specifications on an as needed basis as requested by City of Newport Beach. 3. Review contractor's submittals for construction materials. 4. Review contractor's progress payment requests. Provide recommendations for approval or payment adjustments. 5. Review cost saving design changes, construction phasing changes, traffic control modifications for other items proposed by the contractor. Provide recommendations to City for their implementation. 6. Prepare as -built drawings at completion of the project based on information provided by contractor(s). We propose to perform the above listed tasks or other related services requested by the City on a time and material basis at our standard hourly rates a copy of which we have enclosed with this proposal. All services will be performed only after a verbal or written request is made by the City. We suggest that a budget of $30,000 be established for this effort. Corporate Office • 15101 Red HIII Ave. • Tustin, California 92680 • 714/259 -7900 • FAX 714/259.0210 Inland Empire Office • 1101 S. Milliken Ave., Suite G • Ontario, California 91761 • 7141988 -7880 • FAX 714/988 -5299 San Diego County Office • 5355 Avenida Encinas, Suite 204 • Carlsbad, California 92008 • 619/438 -4332 Coachella Valley Office • 77 -622 Country Club Dr., Suite P • Palm Desert, California 92260 • 6191360 -3744 • FAX 6191360 -3745 Mr. John Wolter* 0 WILLIAN30N & SCHMID Our Job No. 87260 S CONSULTING CIVIL ENGINEERS AND LAND SURVEYORS November 27, 1990 Page 2 This budget amount will provide a level of service of approximately eight hours per week for the duration of the project which is expected to be about 14 months. I thank you for allowing Williamson and Schmid to be of continuing service to the City of Newport Beach. Upon approval of this proposal please provide us with a package order and /or approval contract documents for our execution. If you have any questions regarding this proposal, please contact me. Sincerely, 1 n� Jesus A. Michel Corporate Office dcProp Enclosure: Rate Sheet cc: Financial P. Holm AGREED AND ACCEPTED: CITY OF NEWPORT BEACH BY: DA gRMS & CONDITIONS OF AGREEMENP 1. WILLIAMSON & SCHMID declares that the services provided by it and on its behalf pursuant to this Agreement will be performed in accordance with generally and currently accepted engineering principles and practices. This declaration is in lieu of all other warranties, either express or implied. Said services shall consist solely of standard civil engineering and /or surveying services; and WILLIAMSON & SCHMID shall have no responsibility or liability for soils and /or subsurface conditions, or discovery of unanticipated hazardous materials, or for construction procedures and safety precautions, or for contractor performance. 2. WILLIAMSON & SCHMID shall provide client with monthly invoices accurately reflecting current expenditures of professional time and reimbursable expenses. Each invoice shall be due upon receipt and delinquent thirty (30) days after its date. In the event of delinquency, interest shall accrue from the invoice date at the current prime rate plus four percent (4%) or the highest rate allowed by California law, whichever is lower; and further, WILLIAMSON & SCHMID shall have the unqualified right to cease work on the project until said delinquency is cured. 3. Because of the importance of a good working relationship between WILLIAMSON & SCHMID and client, either party may terminate this Agreement by giving written notice to the other, provided only that such notice is given in the good faith belief that the working relationship is less than satisfactory. In the event of termination, client shall compensate WILLIAMSON & SCHMID for only the reasonable value of whatever professional time and reimbursable expenses WILLIAMSON & SCHMID has devoted to the project up to the time of the termination or must necessarily devote to the project thereafter due to governmental requirements or otherwise. 4. Client shall limit WILLIAMSON & SCHMID's actual or alleged civil liability to client and to whatever other parties are involved with the project such that WILLIAMSON & SCHMID's total aggregate liability concerning or arising out of the project shall not exceed One Hundred Thousand Dollars or the amount of WILLIAMSON & SCHMID's fee for the project, whichever is greater. 5. The plans, specifications, and other instruments of service prepared by or on behalf of WILLIAMSON & SCHMID shall be and remain the property of WILLIAMSON & SCHMID. 6. In the event that disputes and /or litigation develops between client and WILLIAMSON & SCHMID concerning or arising out of this Agreement, then the prevailing party shall be entitled to recover from the other reasonable attorney's fees and litigation costs. 7. Regarding ALTA surveys, WILLIAMSON & SCHMID shall sign the following statement on the survey documents: "I hereby state to that this survey was made for the purpose of an application for title insurance; at the request of (name of client) under my supervision on (date) and that said survey correctly shows the relation of buildings and other structures to the property lines of the land indicated hereon; and that there are no encroachments of adjoining buildings or structures onto said land, except as shown. (Signed by L.S.)" In the event that WILLIAMSON & SCHMID is required to sign a statement which differs from the above, then client shall indemnify and hold WILLIAMSON & SCHMID harmless from any and all liability arising or resulting from the signing of such a statement. 8. Client acknowledges and agrees that if WILLIAMSON & SCHMID provides surveying services which require the filing of a Record of Survey in accordance with Business and Professions Code Section 8762, then client shall pay all of the costs of preparation, examination and filing of said Record of Survey. 10/30/90 TO: CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 ;to FINANCE DIRECTOR /- V-171 FROM: CITY CLERK DATE: January 31, 1991 SUBJECT: Contract No. C- 2642(G) Description of Contract Personal Service Agreement for Construction Engineering Services to Widen Newport Boulevard Effective date of Contract January 28, 1991 Authorized by Minute Action, approved on January 28, 1991 Contract with Raymond Segaser Address Amount of Contract (See Agreement) "94e2�4' s e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • TO: City Council FROM: Public Works Department January 28, 1991 CITY COUNCIL AGENDA ITEM NO. F -3(c) SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES AGREEMENTS (C- 2642 -F) AND (C- 2642 -G) RECOMMENDATIONS: 1. Authorize the City Manager to modify an agreement by substituting Raymond F. Segaser for Bret C. Arnesen as a temporary part -time inspector to provide construction management and engineering services necessary for the construction of Newport Boulevard. 2. Authorize a compensation increase from $35.00 to $40.00 per hour for the inspector. DISCUSSION: On December 10, 1990, City Council authorized the retention of two temporary employees to provide construction engineering to widen Newport Boulevard from 32nd Street to Coast Highway (see attached December 10, 1990, City Council Agenda Item) . Mr. Arnesen, the prospective inspector, has decided to relocate to the East Coast and will not be available. As a replacement for Mr. Arnesen, City staff has contacted Mr. Segaser, a bridge construction specialist, to provide the construction inspection necessary for the construction of Newport Boulevard. His salary requirement will be $40.00 per hour. This salary is commensurate with experience Mr. Segaser will bring to the City. It is recommended that Mr. Segaser be retained as an inspector at $40.00 per hour. All other provisions of the agreement shall remain in effect. Benjamin B. Nolan Public Works Director HH:so Attachment • TO: City Council FROM: Public Works Department December 10, 1990 CITY COUNCIL AGENDA ITEM NO. -3 G SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES AGREEMENTS (C- 2642 -F) AND (C- 2642 -G) RECOMMENDATIONS: Authorize the City Manager to enter into two agreements retaining Gregory L. Deist and Bret C. Arnesen as temporary part -time employees to provide construction management and engineering services necessary for the construction of Newport Boulevard. On November 26, 1990, City Council approved a Project • Administration Agreement with Caltrans which provided for the City to administer construction of the Newport Boulevard widening project. Federal and State requirements for construction management and engineering are different from normal City procedures. These requirements involve an extensive amount of record keeping, paper work, and full -time on- the -job supervision. It is expected that 2 to 3 employees will be required on a full -time basis to administer, manage,. and provide construction inspection. One, the Resident Engineer, must be a licensed Civil Engineer. The others must be familiar with roadway and bridge construction inspection. The number of Capital Improvement projects and subdivision tract improvements that will be underway at the same time as the Newport Boulevard project will require full time utilization of the Public Works staff. To avoid delaying projects and to provide adequate construction management and supervision, it is recommended that the Public Works staff be augmented by adding two new temporary City employees at this time. A request for additional inspection personnel will be submitted to the Council once the construction inspection needs have been more clearly defined. is The staff has requested and received a proposal from Gregory L. Deist and Bret C. Arnesen to perform the construction management and engineering for the Newport Boulevard widening project. Mr. Deist and Mr. Arnesen are satisfactorily providing construction management and inspection services for the current West Coast Highway project which will be completed in early 1991. It is proposed that the City Manager be authorized to enter into an agreement retaining Mr. Gregory Deist, P.E., as Resident Engineer; and Mr. Bret Arnesen as Inspector. The agreement will provide that they will be temporary part -time employees of the City, retained to provide construction management and engineering services for the Newport 0 0 Subject: Newport Boulevard Widening 32nd Street to Coast Highway Construction Management and Engineering Services Agreements • (C- 2642 -F) and (C- 2642 -G) December 10, 1990 Page 2 Boulevard widening project. The services to be provided and provisions of the employment contract would be as follows: 1. Review the current plans and specifications as to the constructibility of the project in compliance with State and Federal requirements. 2. Conduct meetings as necessary to inform the contractors of the particular requirements relating to this project. 3. Coordinate execution of contract documents between the City and the contractor. 4. Process all applicable Federal and State documentation required for implementation of project. 5. Keep daily diaries, maintain all necessary construction • records. and prepare and process payment requests. 6. Observe the workmanship, material and manner of construction to determine conformance with the plans and specifications. 7. Maintain up -to -date "AS BUILTS ", prepare change orders and, in general, act on behalf of the City in the prosecution of the construction work. Provisions of the employment contract would be as follows: 1. Termination: June 30, 1992, with provisions for extension by mutual agreement. 2. Termination: Either party could terminate by serving a 30 -day notice. 3. Fringe Benefits: None. 4. Hours Worked: As required to adequately supervise the contractor during the time he is working. 5. Compensation: $50.50 per hour for Resident Engineer, • plus 1.45% for the Medicare portion of Social Security. $35.00 per hour for Inspector, plus 1.45% for the Medicare portion of Social Security. Subject: Newport Boulevard Widening 32nd Street to Coast Highway Construction Management and Engineering Services Agreements (C- 2642 -F) and (C- 2642 -G) • December 10, 1990 Page 3 Based on the contract time of completion for the project, it is estimated that their services will be required up to 18 months. follows: As City employees, their salaries would be reimbursable as a. State Highway portion of project, 50% City Finley Avenue to Coast Highway - 50% State b. 32nd Street to Finley Avenue - 100% City 42 )44� Benjamin B. Nolan • Public Works Director :SO APPRUU' LU D DATE 12 —co -90 11 0- Zd0z(G) PERSONAL SERVICES AGREEMENT I VRI CONSTRUCTION ENGINEERING SERVICES TO WIDEN NEWPORT BOULEVARD THIS AGREEMENT is made and entered into this 28th day of January , 1991, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Raymond F. Segaser, hereinafter referred to as "INSPECTOR." W I T N E 8 8 E T H: WHEREAS, CITY proposed to widen Newport Boulevard from 32nd Street to the Coast Highway, including the Newport Channel, hereinafter referred to as "PROJECT "; AND WHEREAS, CITY will require the services of a qualified INSPECTOR to inspect and coordinate the construction activities; and WHEREAS, INSPECTOR is a qualified, experienced and competent INSPECTOR and is willing to perform, and CITY is desirous of securing services of INSPECTOR pursuant to the terms, conditions and promises hereinafter set forth; and WHEREAS, at a meeting held on December 10, 1990, the City Council of CITY authorized the City Manager to enter into an agreement retaining INSPECTOR as a temporary part -time employee; NOW, THEREFORE, in consideration of the mutual covenants and monetary benefits hereinafter set forth, the parties hereto agree as follows: 1. INSPECTOR shall represent CITY as an INSPECTOR for the construction of PROJECT. 2. INSPECTOR shall be under the general supervision of the Resident Engineer. 3. INSPECTOR shall immediately report to said Resident Engineer, or his designated representative, any failure on the part of the contractor or subcontractor to comply strictly with the Ei approved plans and specifications for the work, or any situation arising contrary to the intent and meaning of the plans and specifications, or any attempted substitutions as to specified workmanship or materials in any portion of the work. 4. INSPECTOR shall make his services available to CITY for the duration of this Agreement and shall provide services as necessary for the successful implementation and completion of the construction phase of PROJECT. CITY may waive this section in whole or in part in writing only. 5. It is the express intention of the parties hereto that the relationship created by this Agreement is that of employee or servant of CITY. 6. The term of this Agreement shall commence upon execution of agreement and shall conclude on June 30, 1992. The agreement may be extended and /or amended by mutual agreement of the parties. 7. INSPECTOR shall provide his own transportation and any and all tools and equipment necessary to provide services under this Agreement. 8. INSPECTOR shall be available to the PROJECT during normal working hours. A normal work day shall consist of eight (8) hours, and a normal work week shall be from Monday through Friday consisting of forty (40) hours, generally during the time the contractor is on the job. The hours of work shall be generally set by the Director of Public Works. INSPECTOR shall also be available in the event services are required in excess of the normal work day or work week. When INSPECTOR services are not required on a full - time basis, only the actual hours devoted to said work shall be charged. 9. INSPECTOR shall maintain and submit complete records of time expended pursuant to this Agreement corresponding to City's payroll schedule. 10. In consideration for the performance of specified services under this Agreement, INSPECTOR shall be compensated as follows: a. Base pay of forty dollars ($40.00) per hour for `a hours worked pursuant to this Agreement, and payable on a biweekly basis. b. Said hourly rate shall be considered just compensation including all fringe benefits. C. No deductions will be made for health insurance or retirement. d. Federal law requires that all public employees hired after April 1, 1986, participate in a Medicare portion of Social Security. This will be reflected by a 1.45% deduction from the employee's paycheck. e. Compensation may be adjusted at time of contract extension or other time by mutual agreement of the parties. 11. This Agreement may be terminated by either party by serving written notice at least thirty (30) days prior to such termination. 12. INSPECTOR shall be subject to all personnel rules and regulations of CITY, except as modified herein. APPROVED AS TO FORM: Ci E CITY OF NEWPORT BEACH 1^n t \ 1 Ci v Manager INSPECTOR iayij d F. Segaser CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 C�0 ��E' IJGIZlC7LC.�- TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: January 16, 1991 SUBJECT: Contract No. C- 2642(F) Description of Contract Personal Services Agreement for Construction Engineering Services to Widen Newport Boulevard Effective date of Contract December 28, 1990 Authorized by Minute Action, approved on December 10, 1990 Contract with Gregory L. Deist, Civil Engineer Address Amount of Contract (See Agreement) "14e2�� 4�� Q Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • TO: City Council FROM: Public Works Department December 10, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(c) SUBJECT: NEWPORT BOULEVARD WIDENING 32ND STREET TO COAST HIGHWAY C(ONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES AGREEMENTS C- 2642 -F) AND (C- 2642 -G) RECOMMENDATIONS: Authorize. the City Manager to enter into two agreements retaining VGregory L. Deist and Bret C. Arnesen as temporary part -time employees to provide construction management and engineering services necessary for the construction of Newport Boulevard. DISCUSSION: On November 26, 1990, City Council approved a Project Administration Agreement with Caltrans which provided for the City to • administer construction of the Newport Boulevard widening project. Federal and State requirements for construction management and engineering are different from normal City procedures. These requirements involve an extensive amount of record keeping, paper work, and full -time on- the -job supervision. It is expected that 2 to 3 employees will be required on a full -time basis to administer, manage,. and provide construction inspection. One, the Resident Engineer, must be a licensed Civil Engineer. The others must be familiar with roadway and bridge construction inspection. The number of Capital Improvement projects and subdivision tract improvements that will be underway at the same time as the Newport Boulevard project will require full time utilization of the Public Works staff. To avoid delaying projects and to provide adequate construction management and supervision, it is recommended that the Public Works staff be augmented by adding two new temporary City employees at this time. A request for additional inspection personnel will be submitted to the Council once the construction inspection needs have been more clearly defined. • The staff has requested and received a proposal from Gregory L. Deist and Bret C. Arnesen to perform the construction management and engineering for the Newport Boulevard widening project. Mr. Deist and Mr. Arnesen are satisfactorily providing construction management and inspection services for the current West Coast Highway project which will be completed in early 1991. It is proposed that the City Manager be authorized to enter into an agreement retaining Mr. Gregory Deist, P.E., as Resident Engineer; and Mr. Bret Arnesen as Inspector. The agreement will provide that they will be temporary part -time employees of the City, retained to provide construction management and engineering services for the Newport • • Subject: Newport Boulevard Widening 32nd Street to Coast Highway Construction Management and Engineering Services Agreements (C- 2642 -F) and (C- 2642 -G) December 10, 1990 Page 2 Boulevard widening project. The services to be provided and provisions of the employment contract would be as follows: 1. Review the current plans and specifications as to the construct ibi 1 ity of the project in compliance with State and Federal requirements. 2. Conduct meetings as necessary to inform the contractors of the particular requirements relating to this project. 3. Coordinate execution of contract documents between the City and the contractor. 4. Process all applicable Federal and State documentation required for implementation of project. 5. Keep daily diaries, maintain all necessary construction records. and prepare and process payment requests. 6. Observe the workmanship, material and manner of construction to determine conformance with the plans and specifications. 7. Maintain up -to -date "AS BUILTS ", prepare change orders and, in general, act on behalf of the City in the prosecution of the construction work. Provisions of the employment contract would be as follows: 1. Termination: June 30, 1992, with provisions for extension by mutual agreement. 2. Termination: Either party could terminate by serving a 30 -day notice. 3. Fringe Benefits: None. 4. Hours Worked: As required to adequately supervise the contractor during the time he is working. 5. Compensation: $50.50 per hour for Resident Engineer, plus 1.45% for the Medicare portion of Social Security. $35.00 per hour for Inspector, plus 1.45% for the Medicare portion of Social Security. • • • Subject: Newport Boulevard Widening 32nd Street to Coast Highway Construction Management and Engineering Services Agreements (C- 2642 -F) and (C- 2642 -G) December 10, 1990 Page 3 Based on the contract time of completion for the project, it is estimated that their services will be required up to 18 months. follows: As City employees, their salaries would be reimbursable as a 0. State Highway portion of project, 50% City Finley Avenue to Coast Highway - 50% State 32nd Street to Finley Avenue - 100% City Benjamin B. Nolan Public Works Director JW:so PERSONAL SERVICES AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES TO WIDEN NEWPORT BOULEVARD THIS AGREEMENT is made and entered into this 28th day of December , 1990, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and GREGORY L. DEIST, Civil Engineer, hereinafter referred to as "RESIDENT ENGINEER ". W I T H E S S E T H: WHEREAS, CITY proposed to widen Newport Boulevard from 32nd Street to the Coast Highway, including the Newport Channel, hereinafter referred to as "PROJECT "; AND WHEREAS, CITY will require the services of a qualified RESIDENT ENGINEER to administer, inspect and coordinate the construction activities; and WHEREAS, RESIDENT ENGINEER is a qualified, licensed, experienced and competent Civil Engineer and is willing to perform, and CITY is desirous of securing services of RESIDENT ENGINEER pursuant to the terms, conditions and promises hereinafter set forth; and WHEREAS, at a meeting held on December 10, 1990, the City Council of CITY authorized the City Manager to enter into an agreement retaining RESIDENT ENGINEER as a temporary part -time employee; NOW, THEREFORE, in consideration of the mutual covenants and monetary benefits hereinafter set forth, the parties hereto agree as follows: 1. RESIDENT ENGINEER shall review the current plans and specifications as to the constructibility of PROJECT in compliance with State and Federal requirements. 2. RESIDENT ENGINEER shall represent CITY as the RESIDENT ENGINEER for the construction of PROJECT. 1 0 0 3. RESIDENT ENGINEER shall be under the general supervision of the Public Works Director. 4. RESIDENT ENGINEER shall immediately report to Public Works Director, or his designated representative, any failure on the part of the contractor or subcontractor to comply strictly with the approved plans and specifications for the work, or any situation arising contrary to the intent and meaning of the plans and specifications, or any attempted substitutions as to specified workmanship or materials in any portion of the work. 5. RESIDENT ENGINEER shall make his services available to CITY for the duration of this Agreement and shall provide services as necessary for the successful implementation and completion of the construction phase of PROJECT whole or in part in writing only. CITY may waive this section in 6. RESIDENT ENGINEER shall be responsible to provide all construction documents as indicated in the Construction Manuals of the California Department of Transportation and such other records of construction considered standard in the industry including all applicable Federal standards. Also, RESIDENT ENGINEER shall be required to review shop drawings, process shoring plans, process payment requests, keep as -built drawings, process change orders, coordinate utility work and inspection; supervise soils, survey and other related work, all towards the successful completion of PROJECT. In addition, RESIDENT ENGINEER shall be required to process all applicable documentation required for implementation as a Federal Aid Urban Project and a County of Orange Arterial Highway Financing Program (AHFP) Project. 7. RESIDENT ENGINEER shall maintain daily diaries and prepare a monthly summary report detailing the progress of work to date as outlined in supplemental guidelines to be determined as PROJECT progresses. The report shall be submitted to the Director of Public Works within ten (10) days of the close of the month. In addition, RESIDENT ENGINEER shall prepare a final construction report. 8. RESIDENT ENGINEER shall have the authority to call the 2 attention of the contractor to any infringement upon the plans and specifications; to reject defective materials and to suspend any work which is being improperly done, subject to the decision of the Director of Public Works. 9. It is the express intention of the parties hereto that the relationship created by this Agreement is that of employee or servant of CITY. 10. The term of this Agreement shall commence upon execution of agreement and shall conclude on June 30, 1992. The agreement may be extended and /or amended by mutual agreement of the parties. 11. RESIDENT ENGINEER shall provide his own transportation and any and all tools and equipment necessary to provide services under this Agreement. 12. RESIDENT ENGINEER shall be available to the PROJECT during normal working hours. A normal work day shall consist of eight (8) hours, and a normal work week shall be from Monday through Friday consisting of forty (40) hours, generally during the time the contractor is on the job. The hours of work shall be generally set by the Director of Public Works. RESIDENT ENGINEER shall also be available in the event services are required in excess of the normal work day or work week. When RESIDENT ENGINEER services are not required on a full -time basis, only the actual hours devoted to said work shall be charged. 13. RESIDENT ENGINEER shall maintain and submit complete records of time expended pursuant to this Agreement corresponding to City's payroll schedule. 14. In consideration for the performance of specified services under this Agreement, RESIDENT ENGINEER shall be compensated as follows: a. Base pay of fifty dollars and fifty cents ($50.50) per hour for hours worked pursuant to this Agreement, and payable on a biweekly basis. b. Said hourly rate shall be considered just compensation including all fringe benefits. C. No deductions will be made for health insurance or 91 retirement. d. Federal law requires that all public employees hired after April 1, 1986, participate in a Medicare portion of Social Security. This will be reflected by a 1.45% deduction from the employee's paycheck. e. Compensation may be adjusted at time of contract extension or other time by mutual agreement of the parties. 15. This Agreement may be terminated by either party by serving written notice at least thirty (30) days prior to such termination. 16. RESIDENT ENGINEER shall be subject to all personnel rules and regulations of CITY, except as modified herein. AS TO FORM: ty Attorney 4 CITY OF NEWPORT BEACH City Manager RESIDENT ENGINEER e or L D ist EXHIBIT "D" NEWPORT BOULEVARD WIDENING STATE CONTRACT NO. 12- 018791 CITY CONTRACT NO. 2642 COMPENSATION TO ENGINEER 1. CITY shall compensate ENGINEER for services listed at the following hourly rates: FEE Classification of Personnel Engineering Geologist $82.00 Soil Field Technician ** $49.00 Asphalt Field Technician * ** $49.00 * Include portal to portal travel time & vehicle costs ** To perform soil compaction testing (includes $5.00 /hr. equipment charge). * ** To perform AC compaction testing (includes $5.00 /hr. equipment charge). All field technician time is billed at a minimum of 4 hours per trip. Material Testing: Soils: Maximum dry density determination $100.00 R -Value $165.00 Sand Equivalent $ 50.00 Aggregate Base: Sieve Analysis $ 50.00 Sand Equivalent $ 50.00 R -Value $165.00 Asphalt Base: Sieve Analysis $ 50.00 Surface Abrasion (Calif. Test 360, Method A) $375.00 Concrete: Compression testing (Included pick -up of cylinders)* $ 25.00 * City personnel will take the samples, testing lab is to supply the cylinders _ , G a_?- ENGINEERING AGREEMENT THIS AGREEMENT, entered into this Cal day of ! 1991, by and between the CITY OF NEWPORT BEACH, a municip'(l corporation, (hereinafter referred to as "CITY ") and LEIGHTON & ASSOCIATES, INC., whose address is 1151 Duryea Avenue, Irvine, CA 92714 (hereinafter referred to as "ENGINEER ") is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of CITY. B. CITY and ENGINEER desire to enter into a professional services agreement for material testing for the Newport Boulevard Project No. C -2624 upon the terms and conditions set forth herein: NOW, THEREFORE, it is mutually agreed by and between CITY and ENGINEER as follows: SECTION 1. GENERAL The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to such work. The required contract provisions for Federal -aid construction contracts are included in Exhibit "A" (Pages FR -1 through FR -18) attached and incorporated herein by reference. A Certification of Consultant statement (Exhibit "B ") and Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification (Exhibit "C") must be signed by an authorized company representative. 1 i^1 SECTION 2. SERVICES TO BE PERFORMED ENGINEER shall perform all services and work as outlined herein below: A. Provide qualified personnel and equipment to perform independent assurance testing and Engineering Geologist Services as required by the project Resident Engineer to assure that the material used in this project is in compliance with the contract documents. B. Provide supplemental personnel as required for on- site and off -site testing and inspection. SECTION 3. COMPENSATION TO ENGINEER ENGINEER shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference with the maximum fee not to exceed $25,000.00. SECTION 4. STANDARD OF CARE ENGINEER agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and ENGINEER intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of, ENGINEER except to the extent they are limited by statue, rule or regulation and the express terms of this Agreement. No Civil Service status or other right of employment will be acquired by virtue of ENGINEER'S services. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave, are available from CITY to ENGINEER, its employees or agents. Deductions shall not be made for any State or Federal 2 taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any fees due ENGINEER. Payment of the above items, if required, is the responsibility of ENGINEER. SECTION 6. HOLD HARMLESS ENGINEER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, arising from or in any manner connected to ENGINEER'S negligent performance of services pursuant to this Agreement. SECTION 7. INSURANCE On or before the commencement of the term of this Agreement, ENGINEER shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 7A, B, C and D.' Such certificates, which do not limit ENGINEER'S indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate shall not be canceled by the insurer except after ten (10) days' written notice has been received by the City of Newport Beach." It is agreed that ENGINEER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement, and that said coverage of insurance shall be secured from an insurance company assigned Policyholders' Rating B (or higher) and Financial Size Category Class VIII (or larger) by the latest edition of Best's Key Rating Guide and licensed to do insurance business in the State of California. A. COVERAGE (1) Workers' Compensation. Statutory coverage as required by the State of California. (2) Liability. Comprehensive general coverage in the following minimum limits: 3 PM Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Professional Liability. Professional liability insurance which includes coverage for the professional acts, errors and omissions of the ENGINEER in the amount of at least $1,000,000. B. SUBROGATION WAIVER ENGINEER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that ENGINEER shall look solely to its insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any insurer providing comprehensive general liability insurance to either ENGINEER or CITY with respect to the services of ENGINEER herein, a waiver of any right of subrogation which any such insurer of said ENGINEER may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If ENGINEER at any time during the term hereof, should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the ENGINEER'S name or as an agent of the ENGINEER, and shall be compensated by the ENGINEER for the costs of such insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not 4 be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFERS Neither party shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of the other party; any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of ENGINEER, or of the interest of any general partner or joint venturer or syndicate member or cotenant if ENGINEER is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing the control of ENGINEER, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES ENGINEER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by ENGINEER shall be the property of CITY. CITY shall make no use of materials prepared by ENGINEER pursuant to this Agreement, except for construction, 5 maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the ENGINEER. No report, information or other data given to or prepared or assembled by the ENGINEER pursuant to this Agreement shall be made available to any individual or organization by the ENGINEER without prior approval of CITY. ENGINEER shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS ENGINEER shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. ENGINEER shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. ENGINEER shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as R hereinafter approved. All notices, demands, requests, or approvals from ENGINEER to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Horst Hlawaty, Project Manager All notices, demands, requests, or approvals from CITY to ENGINEER shall be addressed to ENGINEER at: LEIGHTON & ASSOCIATES, INC. 1151 Duryea Avenue Irvine, CA 92714 Attention: Tom Payne SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepaid, addressed to the other party's business office. In the event of termination due to fault of ENGINEER, CITY shall be obligated to compensate ENGINEER for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of ENGINEER, CITY agrees to compensate ENGINEER for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedules contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. ENGINEER shall not post, exhibit, display or allow 7 to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind unless prior written approval having been secured from CITY to do otherwise. SECTION 16. COMPLIANCES ENGINEER shall comply with all applicable laws, State or Federal, and all applicable ordinances, rules and regulations enacted or issued by CITY. SECTION 17. NUISANCE ENGINEER shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. SECTION 18. SAFETY REQUIREMENT All work performed under this contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. CITY reserves the right to issue restraint or cease and desist orders to the ENGINEER when unsafe or harmful acts are observed or reported relative to the performance of the ENGINEER'S work under this Agreement. The ENGINEER shall maintain his work free of hazards to persons and /or property resulting from his operations. Any hazardous condition noted by the ENGINEER, which is not a result of his operations, shall immediately be reported to CITY; however, it is not ENGINEER'S responsibility to determine whether any such hazardous conditions exists. SECTION 19. SUBCONTRACTOR APPROVAL Unless prior written consent from CITY is obtained, only those people and subcontractors whose names and addresses appear in this Agreement or any attachments hereto shall be used in the performance of this Agreement. Request for additional subcontracting shall be submitted in writing, describing the scope M of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing an estimated cost for the subcontractor's services. Approval of the subcontractor may, at the option of CITY, be issued in the form of a Work Order, SECTION 20. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 21. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and ENGINEER. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: L I Cit AttorrVey .1-�, CITY OF NEWPORT BEACH, a Municipal Corporation i� '1 By City Manag r LEIGHTON ,�SSOCIATES, INC. By If l���'' , pt DI ✓ec_ ;-1 j �(Lt YiwiS fill ^ j— Title i 1 EXHIBIT "A" SECTION 6. FEDERAL REQUIR04 M5 FOR FEDIPAL -AID CONSTRUCTION PROJECTS 6-I.0, GENERAL. —The work heroin proposaa w111 be financed In wale or In part with Fed- eral funds, and therefore all of the statutes, rules and.regulations promo gated by tne Fed- eral Government and app[ [cable to work financed In wale or in part with Federal funds will apply to such work. The *Required Contract Provisions, Federal -Aid Construction Contracts." Form FNMA 1273, are Included In this Section 6. Whenever In said required con -act provisions : refer ocos are made 40 OSHA contracting ..offIcm -, KFN resident engineer", or - authorized represa five of the SHA ", such references shall be construed to seen - Engineer- as defined In Section 1 -1.18 of "a standard Specifications. 6-1.02 PERFORMANCE OF PREVIOUS CON - TRACT. —in addition to the provisions In section 11, "Nondiscrimination, - eed section VI 1, - subletting or Assigning tM Contract,- of the required contract provisions, the Contractor shall Comply with the following: The bidder shall execute "*.CERTIFICA- TION WITH REGARD To THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS .located In the proposal. Na request for subletting or assigning any portion of the contract in excess of 510,000 will be considered under the provisions of Section Yll of the required contract provisions unliss such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. 6-I.Q3 NOM-COLLUS Ica( PROVISION. —The provisions In this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, section 112, requires as a condition precedent to approval by the Federal Highway Adminlstrator of the contract for this work that .men biddy fit* a sworn statement executed by, or w Dena 1 f of, R.vls.8 3 -21 -88 FR -1 The person. firm. association, Cr corporation to whom such Contract Is to be awarded, certl- fying that such person, firs, association, or corporation has not, either directly or Indi- rectly, entered Into any agreement, partici- pated in any collusion, or otherwise taken any action In restraint of free competitive bid- ding In Connection with "a submitted bid. A form to make the non - collusion affidavit state- ment required by Section 112 as a certification. under penalty of perjury rather than ss -a sworn statement. as permitted by 28, USC. Sec. 1746,, Is Included in the proposal. 6-1.04 PARTICIPATION BY MINORITY BUSINESS ENTERPRISES IN S13COORACTINC. --Part 23, Title 49, Code of Federal Regulations applies to this Federal -old project. Pertinent Sec- tions of said Code are Incorporated In part or In Its entirety within other sections of these special provisions. - SSSSSS1SIIffIISS Schedule B— Intorsetloo for Determining Joint Venue Eligibility (This fors need not be filled in if all Joint venture firms are minority owned.) 1. Nam of joint venture 2. Address of joint venture 3. Phone number of Joint venture 4, identify the firms which comprise Ina Joint venture. (The MSE partner must eomglete Schedule A.) (a) Describe the .rote of the MSE firm in the Joint venture. ' (b) Describe very briefly the expectance and business qualifications of each non-WISE joint ventucer: S, Nature of the joint ventures business 6. Provide a Copy of the joint venture agreement. . 7, Meet Is the claimed percentage of WE ownership? S. Ownership of joint venture: (This need not be filled In It described In the joint venture agreement, provided by question 6.). (a) Profit and loss sharing. _ (b) Capital contributions. including equipment. I (c) Other applicable ownership Inter- ests. 9. Control of and participation in this contract. Identify by name, race, sax, and -fire- those Individuals (and their titles) who are responsible for day-to -day management and Policy declsionnaking, Including, but not limited to, those with prise responsibility for: (a) Financial decisions (b) Nanagament decisions, such as: (I) Est(matin .(2) Marketing and sales (S) Hiring and firing of management personnel (4) Purchasing of major Items or supplies (c) Supervision of field oparatlons Note. —If, after filing this Schedule B and before the—completion of tTm'Joint venture's work on "*'Contract Covered by this regula- tion, there Is _any significant change In the Information submitted, the joint venture must .Inform the.grantee, either directly or through the prime contractor if the joint venture Is a subcontractor. All ldevlt •The undersigned swear that tM foregoing statements are correct and Include all material Information necessary to ldentlfy and exolaln R--13.d 5 -21 -88 FR -2 ............ ... the tarns and operation of our Jolat _a tare end the Intended participation by each joint venturer In the undertaking. Further, the undersigned covenant and agree to provide to grantee cue-rent. comp) ate and accurate Information regarding actual joint venture work end the payment therefor and any pro- posed 'changes in -any of "a joint -venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of "a grantee or tM Federal funding agency. - My material misrepresoatetion will be grounds for terminating any contract which may be awarded and for Initiating action under Federal or State laws concerning false statements." ............... ............................... Name of Firm Name of Firm .............................................. • Signature Signature .............................................. ............... ............................... Title Title _ ............. ............................... Date Oats Date State of County of on this _ day of 19 before aim appeared. (Name) , to :me.personal ly known, who, - being duly sworn, did execute " foregoing affidavit, and .did state that he or she was properly authorized by (None of firm) to execute the affidavit and did so as his or bar free act and dead.. Notary Public Commission expires lSeell Date State of County of da of 19_J On this � Y �� bofara ee appeared (Name) to r personally W . who, being duly scorn, ."_t' `• *: Wgoin9 affidavit; n." =1d did state M per Mat he or she Wes proly authorized by (Naar of firm) R..vis+ 3-21-88 a to � {* tt,• affidavit and did so as nis or her free act and deed. Notary Pub le C'MMIssion expires ISealI FR -3 SECTION 6-1.05 REQUIRED .CWTRACL PRDViStONS . FEDERAL -Ai0 Ct mMI.CT1O1 CONTRACTS (Exc:";vo of Appalachian Contracts) Page 1. General ...........................FR -4 If. Nondiscrimination .................FR -4 M. Nonsegregated Facilities .........:FR -6 (V. Peyemnt of Predetermined Min(nuss wage ... ...........................FR -7 V. Statements and Payrolls ...........FR -11 V1. Record of Materials, Supplies, and Labor .......................... FR -12 V11. Subletting or Assigning the Contract ... ................. ....... FR -12 Viii. Safety: Accident Prevention .......FR -t3 IX. False Statements Concerning Highway Projects .... :..................... FR -13 X. Implementation of Clean Air Act and Federal kater Pollution Controt Act ..... ..........................FR -14 1. GENERAL 1. These contract provisions shall apply to, all work performed on the contract by the contractor's own organization and with the assistance of workers under tae contractor's Iweedlate superintendence and to all work performed on the contract by pteceww k, station work, or by subcontract.. 2. Except as otherwise provided for In each seCT(on, the contractor shall Insert, In each subcontract off of the stipulations contained In these Required Contract Provisions. and further require their Inclusion in any lower tier subcontract cc purchase order not may in turn be made. The Required Contract Provisions shell not be Incorporated by retereace In any case. The prime contractor shall be respon- sible for coepl(ance by any subcontractor or lower tler subcontractor with Me" Required Contract Provisions. 3. A breach of any of The stipulations contained In these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provfsions my also be grounds for deborn.snt as provided In 29 CFR 3.12: Re.(sed 3 -21-Q6 FRt For. FN A 1273 (Rer. 10-87) Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs I end 2a through Zg. S. Disputes arising out of the labor standards provisions of Section IV (except Paragraph 3) and Section V (except paragraph 3) of these Reculrod Contract Provisions shall hot be subject to the general disputes clause of "is contract. Such disputes shall be resolved In accordance with the procedures of the U.S. Departwont of Labor (OOL) as set forth in 29 CFR Parts 3, 6. and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of Its subcontractors) and the contracting agency, the DOL, cc the contractor's employees or their representa- tives. 6. Cwrtificatlon of Eligibility: By entering Into this Contract, the contractor Certifies as follows: a. Wither the contractor nor any person or firm who has an interest In the contractor's firm is ineligible to be awardeC Government contracts by virtue of Section. 3(a) of. the Davis Bacon Act or 29 CFR 5.12,x)(1). b. No Part of this contract shall be subcontracted to any Person or firm ineligible for award of a Govermmnt contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(el(1), c. The penalty for waking false statements is proscribed in the U.S. :.rlminal Code, 16 U.S.C. 1001. 11. NONDISCRIMINATION (Applicable to Federal -eld Construction contracts and related subcontracts and purchase orders exceeding 110.000.) 1. Selection of Labor: During the perfor- wance of this contract, the contractor shall not: i a. discriminate against labor from any other State, Possession, r territory of the United States, or b. een1O; =vlet labor for any Purpose within the limits of the project unless It is labor performed by convicts who are on parole, supervised release. r Probation. 2. 6woymnwt Fracticest a. The Equa( Employment Opportunity AffIt—mIwe Action Notice set forth In 41 CFR 60-4.2 sed the Equal Employment Opportunity Construction Contract Specifications set for! In 41 CFR 60-4.3 are enoorpera id- by reference In this contract. 1 b. flagular"an 41 CFFt 60-4.2 squires goals and timetables for mforlty and s, feasto Par - Ticipmtion expressed in Percentage ter" for the contractor's *Wager* work force In each Triode on ate construction work in the covered area. The goals for this cal.aat are stated elsewhere In the bidding documents and In the construction contract. c. Regulation 41 CFR 60-4.3 provides specific affirmative action standords "a contractor shall teplewnt to ensure equal ewployew opportunity In achieving the minority and female Participation goals set forth to paragraph 2b of this Section. 3. Equal Opporfealty Ctaaset curing the Performance of this contract. The contractor agrees as follows. a. The contractor will not discriminate against any employee or o"lteamt for employ- ment because of race, color, religlon.,sex, or national origin. The contractor will take affirmative action to ensure that opplicants are employed and mat employees are treated during employment without regard to their race, Color, religion. sex, or national origin. Such action shell Include, but not be limited to, rho following: e.gloymrnt, upgrading, demotion or transfer; recrultmenr or rocrulfine, ad- +rtising; layoffs or twrm(nation; rates of pay or aMar (oral Of compensation; and, selection for tralning, including apprenticeship. The contractor agrees to post in conspicuous Places, available to employees and applicants Revisal 3-21-88 FP-5 U for employment, nOticis to be Provided by the State. hlghway- agency ISM) setting forth the Provisions of this nondiscrimination c(ause. . b. The contractor will. in all solicitations or advertisaeeots for employees Placed by or on behalf of the contractor, state that all quail- tied applicants will racelve conslderatlon for employment without regard to rap, color, religion, sax, or national origin. c. The contractor will sand to each labor union or representative of workers with which 'the contractor has a collective bargaining agreement cc other contract or understanding a notice to be provided by the SHA advising the said labor union or workerst representative of the aoetractor's commitwants under This Section 11, paragraph 3. d. The contractor will comfy with alt provisions of- Executive order 11246, Equal Employment opportunity. dated September 24. 1965, and of "a rules. regulations (41 CFR Pert 60), and relevant orders of the Secretary of labor. e. The contractor wtii furnish all Information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books. records, and accounts by the Federal Highway Adminlstrat ion (FNMA) and "a Secretary of Labor for purposes of investigation to as- car-rain compliance with such rules, reguia- tlons,. end orders. f. In the event of the eontractorts non- compliance w(" the nondisr(alnetion clauses of this Section 11, Paragraph 3, or with any of the sold rules, regulations, or 'orders, this contract may be canceled, terminated, or sus - pended In whole or In part. The contractor may be declared Ineligible for further Government contracts or fodrally- assisted construction contracts In accordance with Procedures out'ho- r(zed In Exoeutive order 11246 and such other sanctions as way be imposed and remedies invoked as provided In Executive order 11246 or by rut*, regulation, or order of the Secretary of tabor, or as otherwise Provided by law. g. The contractor will Include the Prowl - %ions of this Section Ii, peregraoh 3. In every subcontract or purchase order so that such provisions will be' b(ndlag upon each sub- contractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor Issued' pursuant to Section 204 of Executtwe Order 11246. The contractor will take such action with respect to any sub- contract or purchase order as the SHA or the FHMA my direct as a means of enforcing such provisions, Including sanctions for non- compliance. In the avant a oontreetor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to_ enter Into such litigation to protect the interest of t" State. In addition, "*contractor way request the United States to enter Into such litigation to protect the Interests of the United States. 4. Selaetlon of Subeontrectors, Procure- ment of literla)s, sod teasing of Equipment: a. The oontractor shall not discriminate on the grounds of race, color, sex, or national origin In the selection and retention of sub- contractors, Including procurement of materials and leases of equipment. in all solicitations made by The contractor each potential sub- contractor or supplier shalt be notified by the C ontractor of tM contractor's obligations under this contracf relative to nondiscrimLl- nation on the grounds of race, color, sex, or national origin. b. In the event of the cor..traetor's non- compliance with the nond l scrini nation prov(- slons of this Section 11, paragraph 4. this contract way be subject to sanctions including but not limited to tM withholding Of payments to the contractor under the contract until the contractor complles and /or cancellation, terml- notion, or suspension of the rontract In whole or In part. c. The contractor shall Include the provl- $Ions of this paragraph 4 In every subcontract, Including procurement of materials and leases of equipment. The contractor shall take such action with respect to any subcontractor or procurement as the SHA or the FH11A may direct as a means of enforcing such provisions, In- cluding sanctions for noncompliance. In the event a contractor becomes Involved in, or is threatened with, Iltlgation by a subcontractor 3-ZI -88 FR-6 or supplier as a result of such direction, the contractor may request tM SHA to enter Into such litigation to protect the Interests of the State. In th4 ...n:racior my ran'" -+ the United States to enter Into such litigation to protect the Interests of the United States, 3. General Participation Requirements: a. Policy: It Is the policy of the DOT that disadvantaged business enterprises (DBE's), as defined In 49 CFR Part 23. shall haw equal opportunity to pa rticipate In the performance of contracts financed In whole or In part with Federal funds. Consequently, the requirements of 49 CFR Part 23 apply to this contract. .b. Obligation: The contractor agrees to take all necessary steps to ensure that eligible businesses, as defined In 49 CFR Part 23, haw equal opportunity to compete for and perform subcontracts financed In wools or In part with Federal funds provided under this contract. c. The contractor's failure to carry out the requirements of paragraphs 'Sa and Sb of this Section 11 shell constitute a breach of con - trect and may result in termination of the contract or other appropriate action. dv.The contractor shall provide all Inta - tlon and reports required by 49 CFR Part 23 or directives issued pursuant thereto, and shall permit access to Its books, records. accounts. other sources of Information and Its facilities as way be determined by the SHA or the FWA to be pertinent to ascertain compliance with, the regulations or directives. 111. IIORSEOREGATED FACILITIES (Applicable to Federal -aid construction contracts and related subcontracts exceeding $10,000.), a. By submission of this bid, the execution of this contract or subcontract, or the con - suwaation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcon- tractor, material supplier, or vendor, as appropriate, certifles that the firm does not maintain or provides for Its employees any ti R•vf seC Segregated fecllltles at any of itf establlsh- seats and That the fire does not Permit Its to P " s erform their services at any employs" . employs", under its control, where sapreeat..f facilities re meintatnedI The fire violas that a breach of this Certiti y Cl Is s "is Ity Clause In This tlon of the Equal OpOOrtwn certifies that no contract. The firm further to edeQhwte emoloyes will be denied access facilities a the This Cwt, -the term b• As used a means any siting •segregated facilities, and NOSWOOes. rooms. work areas. reffting s tlmeclocks. restaurants and other eating,or dressing locker roots• and Ins. areas. parking tats. drinking '. "fohxrta recreation or entertainment wassy transpor- tation, and housing facilities provided fo• fmmhPloyeme .hit" re segreget ed N scpllclt In fact. sajr'egated On the directive, o' r color, religion. or national basis of race, or origin, because of M ca elt, local phstom, Otherwise. agrees That it has C. The contr9cia, pbtalned or wilt obtain identical Certification su�n�ra.y r melri al from proposed of subcontracts Or su001 tars prior M award consummation of "twist supply ogreaeants exceeding S10.000 and that It wilt retain such certifications to its tiles. IV. PAYMEKT OF PR1EDVrEWtl£0 NII41*0 1tAGE (y,POl leabl• to Federal -aid constructs contracts and related Subcontracts excesdln 52.000.) 1. General: a. All machWICS and I&War$ employed working upon the site of the work wlII be Pat unconditionally and not less often than Once week and without subsequent deduction Or r deduct) i• the Secretary of Labor (hereinafter "The h.ege determination-) which Is attached hereto and made a pert hereof. regardless of any contrer wh hCh mew M ... .:. fine... :L': f. ::.: :yneihip 11' %ire between the contrector netts subcon - and such lowers and mechanics.- '� wsga determination (Including any additional Gleasi- f1cations and wage rates oontormad under Pars - graph 2 of this Section IV and "a 1701 Poster (MF(. -1321) or Fors FHeA -1495) shall to posted at all times by The contractor and. Its "boon- Tractors at the site of the work In a� ism and accessible Glad where It can seen by the workers. For the purpose of this section. contributions mode or costs reasonably tide fringe benefits under anticipated for bons Act (40 section 1(b)(2) of "a ."1l6_6*COn II.S.C. 2764) on behalf Of laborers Or mec "Ics re considered wages aid to such laborers or ,,chenld. subject to the provisions of Section tY. paragraph 3b• hereof. Also, for the Pure_ pose of this section. regular contributions ly _ - made Or. COSTS incurred 'Or tore than a weekly period (but not less often than Quarterly) under Plans, funds. or Programs which cover the particular weekly period. are deeead to W construct Such made Or - Incurred during slid weakly 'period. Such laborers and mechanics shail.bs aid aOprOprlate wog- rate afhd fringe benefits mn The' detlination toe the classification of work actually Performed. without regard to skill. except as provided In pers9raPha a and S of this Section IV._ work tn. b. Laborers or maenan ice Performing on sated Mg wore than One classiticatton say be tion at The rate specified for each ovation _ for the time actually worked therein. Or that the employer's Payroll records accurately fey forth the time spent In each classification r In which work Is performed. C. All rulings and Interpretations of the d Belated Acts Contained In 29 • -08vis -8scon and herein Incorporated abate CFR Parts 1. 3. and S re Offs by reference in this contr apt. on any account loxcept such payroll latlons Issued by The as re permitted by mega Secretary of Labor under the Cope (29 enland Act d b(29 CFR Part 3)1 the full amounts of ages floe fringe bahefits (or cash TphuipalI*nT^f thereof) due at time of payment' less Then shall be computed at wage rates not those contained In the vage determination of FR -7 0.evl s.d } -27-88 2. Cl ass IfIcatton: a. T1e SI(A contracting officer shall requira Mat arty class Of laborers or mechanics the Contract. which Is not employed under listed in the wage determination, shall be classified In conformance with Cho wage determination. b. The contracting officer ahrl! additional classification, wage rate and fringe benefits therefor only when the following criteria nave been met: (1) the work f0 be performed by the additional classification requested is not Performed by a classification In the wage determination; (2) the additional classification As utilized in the area by the -construction Industry; end (3) the proposed wage rate, including any bona fide fringe benatits, beers a reasonable relationship to the wags rates Contained In the wage determination. C. If The contractor or subcontractors, as appropriate, The laborers and mechanics (if known) to be employed in the additional classification or their rpresentatives, and the contracting offices agree on the classi- fication and wage rate (Including the amount designated for fringe benefits where appro- priato), a report of The action taken shall be sent by the contracting officer to the O.S. Department of Labor, Adninlstratot of the Wage and )bur D)vislon, Employment . Standards Administration. Washington, O.C. 20210. The Wage and four Administrator, or an authorized representative, will approve, modify, or dis- approve every additional classification action within 30 days of receipt and so advise the contract l ng officer or will notify tM contracting officer within the 30-day period that addltional.time Is necessary. d. In The event the contractor or subcon- tractors, as appropriate, the laborers or mechanics to be .employed In the additional classification or their representatives, end the Contracting officer do not agree on the Proposed classification and wage rate (including rte amount designated for fringe benefits, where appropriate), the contracting officer shall rotor the questions, Including The views of all interested parties and the recoeeendatlon of the contracting officer, to the Wage and tour Administrator for determina- R.�is.d 3-21 -88 FR -8 I* tion. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting caf!c_.- or :1 ;i oortry the :con- tracting officer within the 30 -day period that additional time is necessary. e. The wage rate (including fringe benefits where appropriate) deteralned pursuant to para- graph 2e Or 2d Of this Sect ton I snail be paid to all workers performing work In the addi- tional classification from the first day on which work Is performed In the classification. 3. Paymaat of Fringe Benefits: a. Whenever the minimum wage rate prescribed In the contract for a ..class of laborers or mechanics Includes a fringe benefit which Is not expressed as an hourly rate, the contractor or subcontractors, as oppropriate, snail either Day the benefit as stated in the wage doter - minatlon or shall pay another -bona tide -fringe benefit or an hourly cash equivalent thereof. b. if the contractor or subcontractor, as appropriate. does not. make payments to a trustee or other third person, he /she may con- sider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide Cringe benefits under a plan or program, orovided, that the Secretary of labor has found, upon the written request of the contractor, mat. the applicable standards of the .Davls .flacon Act have been met. The Secretary of Labor • may require the contractor to set aside In a sepa- rate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (A-0grams of the U.S. Department & Labor): a. Apprentices: (1) Apprentices will be permitted to work or leas than the predetwrmlned rate for The work they performed when they are employed pursuant to and individually registered In a bona fide apprenticeship program registered vlth the U.S. Department of Labor. Eeployment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenrlcesnip agency recognized by the Bureau, or it a parson Is employed In his/her first 90 days of probation- ary evoloymont as an apprentice In such an - apprenticeship nrmran., L iot Lhiividual ly registered In the proper, but who has been - certifiea by the Bureau of Appreaticeshlp and Training or a state apprenticeship agency agency (whore appropriate) to be eligible for probstloney employment as an apprentice. (2). The allowable ratio of apprentices to Journeyman level employees on the Job site In any craft classification shall not be greater than the ratio parwltted to the contractor as to the entire work force under the registered Program. My employee listed on a payroll at on apprentice wage rate, who is not registered or otherwise employed as stated above, shall be- paid not less then the app) Ica6l* we" rata listed In the liege determination for the classification of wrk actually performed. In addition, any apprentice performing work an the Job site In excess of the ratio permitted under the registered program shall be paid not less then the applicable wage I go on the wage determination for the work ecivaily performed. *lore a contractor Or subcontractor Is perform - Ing construction on a project In a local lty`- Other than that In which Its program Is reglst - Tared, the ratios and wage rates (expressed In parcentages of the journeyaan-mvlevel hourly rate) specified In the wntractvrfs . or subcontractor's registered .program shall be observed. (3) Every apprentice must be paid at not less than the rate specified In the registered program for tea apprent'ice's level of progress, expressed as a percentage of the journeyman - level hourly rate.specifled In the applicable wage determination. Apprentices shall be paid fringe benefits In accordance with "a provi- sions of the apprenticeship program. It the apprenticeship program toes not specify fringe benefits, tOprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classlf(ca- tlon. It the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid In accordance with that-determination. R.vised 3-21-88 FR -9 (4) In the event tea Bureau of Apprantic.- ship and Training, or a -State - apprenticeship agency recognized by the Bureau. withdraws a7 an apprenticeship .program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program Is approved. b. Trainees: (1) Except as provided In 29 -CFR 5.16, trainees will not be permitted to work at less than the predetermined rata for the work Per- formed unless they are employed pursuant to and Individually registered in a program which has received prior approval, evidenced bv f%x I certification by the U.S. Department of Labor, Employment and Training Administration. (2) The ratio of trainees to Journeyman- level employees on the Job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. My employee listed on the payroll at a trainee rate who Is not registered and participating In a training plan approved by the Employment and Training Administration shall be paid not less then the applicable wage rate on the wage determination for the classification of work actually performed. In additla(, any trainee performing work on the Job site In excess of the ratio permitted under the ,registered program shall be paid not Ices than The.appll- cable wage rate on the wage d*terminatign for the work actually performed. (3) Every train** must be paid RT not less than the rate specified In the approved program for his /her level of progress, expressed as a- percentage of the journeymn-l*vel hourly rate specified in the 0"llcabl• wag* determination. Trainees shall be paid fringe .benefits In accordance with the provisions of the train** program, it the train** program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines teat there is an apprenticeship program associated with the corresponding Journeyman -(caw( wag* rate on the wage determination which provides determination which provides for less. than full. fringe benefits tar apprentices. In which case such trainees' shell receive .the some .fringe ., berteflts (4) to The event the Emp(oymant and Training Administration withdraws approval of a training Program. the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable p?edotormined rate for the work performed until an leceptabie program Is approved. c. Eowal Emoloywwt Opportwity 1 The utilization of apprentices and,, journeymen -level employees 'shall be In conformity with the equal employment oppor- tunity requirements of Executive Order 11246, 23 CFR 230A, and 29 CFR Pert 30. S. Apprentices act Tralpees (Programs of "A U.S. Department of Traasportatiom): Apprentices and trainees working under apprenticeship and skill training programs which have bean certified by tho Secretary of Transportation as promoting equal employment` - opportunity In connection with Fedora( -ald highway construction programs we not subject to the requirements of paragraph 4. of this Section IV. The straight time hourly wage rates for apprentices and tralnees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyman shall not be greater than permitted by the terms 'of the particular program. 6. Withholding: The SHA shell upon Its own action or upon written request of an authorized representative of ma OOL withhold, or cause to be withhold, trofn the contractor or, subcontractor under this contract or any other Federal contract with My fame prime contractor', or any other federally- assisted contract Subject to Davis-0eeon pre vale Ing wage requirements, which Is held by me $aws prime contractor, as much of the accrued payments or advances as may be considered necessary To pay laborers and mechanics, Including aopreotices,.trainees, . end helpers, employed by the contractor.or.sny subcontractor Me full amount of_wages requ Ired .by tho_ con- ':t.c:. :n the event of failure to pay, arty taborer or mechanic. Including'sny apprentice, trainee, or helper, employed or working on tho site of the work, all or part of the wages required by the Contract. the SHA contracting officer may, eftar wrltten.notloe to the con- tractor, take such action es ley be necessary to c'nw the suspension of any further payment. ad venaa, or guarantee of funds until such violations haw Ceased. R•..1 sad 5 -21-88 F-R -10 7. Overtime Requirements: No Contractor or subcontractor Contracting tot- Any part of the contract work which may require or Involve the employment of laborers, mechanics, watchman, or guards (including apprentices and trainees described in para- graphs 4 and S above) Shall require or permit any laborer, 'mechanic, watchman, or guard In any workweek In which he /she is employed on such work, to work In excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives "compensation at a rate not 'lass than one-and- one -half - times his/her basic rats of .pay for all hours worked in excess of 40 hours In such workweek. a, Violation: - Liability -for- Unpald Wages; Liquidated Damages: -In the event of any violation of Me clause sat forth In paragraph 7 above, the contractor and any subcontractor responsible therefor shall be liable -to "a affected employ« for his/her unpaid wages. In addition, such contractor and subcontrector shall be liable to the United .States (in the. Casa of work done under contract 'for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer, mechanic, watchmen, or guard employed In violation of the clause set tomb In paragraph 7, In the sun of S)0 for each colander day on which such employee was required or permitted to work In e :cess of the standard workweek of 40 hours f without payment of the overtime wegms required by the clause set forth in paragraph 7. 9, Withholding for U"-!tr ft" 444. Liquidated Ommagest The SMA Shall upon Its own action or upon written request of any ouriorixod ropresenta- tiw of the DOL withhold., or cause TO be withheld. from any monies payable on account of work performed by the contractor or subcon- tractor under any such contract or any other Federal contract with the use prime -con- tractor, or. any other federally - assisted contract subject to the.Confract Work Moo's and Safety Standards Act -, which Is held, by the some primes, coo I. actor, such sums as niay be deter - alned to be necessary to satisfy any Ilabill- tles of Such cshttractor or Subcontractor tar unpaid mgrs and liquidated damages as provided In the clause set forth in paragraph a above. V. STATE40M AND PAWOLLS (Applicable to Federal -eld construction contracts and related subcontracts exceeding, $2,000.) 1. Compliance with Copeland Regulations (29 CFR Part 3): The com recut shoal comply with the Copeland Regulations of tha Secretary of Labor which are herein Incorporated by reference. 2. Payrolls and Payroll'Rocam s; `a. Payrolls and basic records relating thereto shall be maintained by the Contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the Contract for all laborers. mechanics, apprentices, trainees, watchmen, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee, his or her Correct classification, hourly rates of wages paid (including rates of contributions or costs Revised 3-21-88 I anticipated for bona fide tringe benefits or cash equivalents thereof of the typal described In Section i(b)(2)(8) of the Oavis -Bacon Act), dally and weekiy number of hours worked, dedmr- tlons mede and actual wages paid. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b. has found that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated in providing benefits under a plan or program described In Section )(b)(2)(8) of the Davis -Bacon Act, the contractor and each subcontractor shell main- tain records which show that the conoltment to provide such benefits Is ontoreeeble, that the- plan or program Is financially responsible, and that the plan or program has been comminlca od In writing to the laborers or mechanics affect - ad, and rseords which show the costs entlCl- pated or the actual costs Incurred In provid(ng -such benefits. Contractors or sub - Contractors employing apprentices or tracheas under approved program shall maintain written evidence Of the registration of apprenticeship program and cm I I f Icat ion of tral nee programs. the registration of apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish each week In which any contract work Is performed to the SMA resident engineer a pay- roll Of wages paid each of Its emoloyees (including apprentices and trainees described In Section IV, paragraphs 4 and Stand ■atclueah and guards engaged on work during the preceding weekry payroll period). the payrolls submitted shall set out accurately and completely ail of the Information required to be maintained under paragraph 2b of this Section V. This Inform - tlon my be submitted In any form desired. Optional Form WH-547 is available for this Purpose mad .eery be purchased from the Superintendent of Documents (federal stock number 029 -005- 0014 -1), U.S. Government Printing Office. washington, O.C. 20402. The prime contractor Is responsible for the submission of cooles of payrolls by all subcontractors. d. Each payroll submitted shall be wcom- panied by a `Statement of Comollance.• slgneq by the contractor Or subcontractor or elf /her agent vho pays or supervlses Me pay�t of the FR -1 1 x Persons employed under the Wntract and shell certify the following - (1) that the payroll for the payroll period vuntains "a. Information required to be aain- tolned under paragraph 2b of this Section Y and that such information is correct end comp late; (2) that such laborer or mechanic (Including each Miper, 6"rentlos,_and "In**) eptoyed on the oantroct during the payroll period has bean paid the full weekly Vegas am -nod, without rebate, either directly or Indirectly, and that no deductions have been made either directly or Indirectly from. the full wages earned, other then Pei lsslbl• deductions as sat .forth In the Regulations, 29 CFA Part 3; (3) that each laborer or mechanic has been paid not less than the applicable we" rates .end fringe benefits or cash equivalents for the classification of work performed, as specified In the applicable Vega determination Incorporated Into the contract. e. The weekly.submission of a property exe- cuted certification, sat forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statsmont of Compliance" redulred by paragraph 2d of this Section Y. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the Unll4d States Code. g. 1la contractor or subcontractor shall make the records requlred under paragraph 2b of this Section Y oval fable for Inspection, copy- ing, or transcription by authorized representa- tives of the SHA, the FNMA, or the OOL, and shall permit such representativts to latervlaw employees during working hours an the job. If the contractor or subcontractor falls to submit the requlred records or to make them available, the SHA, the FHMA. OOL, dr all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit "a requ l red records upon request or to make such records available may be grounds for debarment actlon pursuant to 29 CFR 5.12. Revised 3 -21-88 FR -12 1 5 5 5 5 5 5 5 5 6 5 S S S I S Y1. RECORD OF MATERIALS, SUPPLIES, ND LABOR 1. On all Federal -alo primary, urban, and Interstate System contracts, except those which provide solely for the Installation of protec- tlw devices at railroad grade crossings, those Mich w constricted on a force account or direct labor basis, highway beautification contracts, and Contracts for which the total final construction cost for roadway and br109e Is less than S 1,000,000 (23 CFR Part 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained In Form FHMA -47, - Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the colnhencen of of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and Incorporated In the work, and also of the quantities of those specific materials and supplies listed on Form FHMA -47, and in the units shown on Form FNMA -47: c. Furnlsh, upon the completion of the contract, to the S11A resident engineer on Form FHMA -47 together with the data required in paragraph lb relative to materials and sup- plies, a final labor summary of all contract work Indicating the total hours worked and the total amount earned. 2. At the prime contractcrls option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shalt be submitted. Yll. SilKMIN1; CR ASSI6MIM6 THE CCH)RACT 1. The contractor shall perform with Its own organlzatlon contract work aeounting to not less than 30 percent (or a greater percentage If specified elsewhere In the contract) of tl» total original contract price, excluding any specialty items designated by the Stets. Specialty Items may be performed by subcontract and the amount of any such speclalty Items so performed they be deducted from the total original contract Price before computing 'the amount of work required to be performed by the contractor's own organ(zation (23 CFR Per+ 633). a. wits own organlzat(onw shall be construed to Include only workers employed and paid directly by the prima contractor and equlpmMt owned or rented by the prime contractor, with or without operators. Such term doe/ not In- clude .emoloyw or. equipment of a subcon- tractor, assignee, or agent of the prime contractor. b. wSOeclalty Items" shall be Construed to be limited to work that repo lres highly specialized knowledge, abilities. ,or equipment not ordinarily wallable In the type of con- tracting organlzrtlona ouslifled and expected to bid on the contract as a whole and In general era to be limited to minor components of tfie overall contract. 2. The contract amount upon which the requfremsnt set forth. In, paragraph 1 of this Section VII Is com Puted Incl udas tM cost of materials and manufactwnd products which are to be Purchased or produced by the oxv-1 or under the contract provisions. 3. The contractor shall furnish (a) a competent aloorintalndent or suoarvlsor who Is employed by the firs, has full authority to direct performance of the work In accordance with the contract requirements, and Is In charge of all construction operations (regard- less of who performs the work) and (b) such other of Its own organizational resources (supervision, management, end engineering services) as the SHA contracting officer deter- mines Is necessary to assure "a performance of the contract. <. Ho portion of me contract snail be sublet, assigned or otherwise disposed of moment with Me written consent of Ma SIIA contracting officer, or authorized representa- tive, and such consent when given shall rot be construed to relieve me Contractor of My R.v?,.d 3 -21-88 FR -13 responsibility for the fulfillment of the contract, wr(tten consent will be given only after the SHA has assured that each subcontract 1= as: Jet caG Ir, vriTina and that 1t all Pertinent pertinent provisions and requiremwrfs of the prime contract. . Vlll. SAFETY: ACCIOE)IT PREVE7fTIOH 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety,, health, and sanitation (23 CFR Part 633). The contractor shall provide all safe- guards, safety devices and protective equipment and take any abler needed actions as it deter- mines, or me The SHA contracting officer any determine, tb be reescnably necessary to pro- tact The life and health of employees an the Job and the saf wry of "a publ lc and to protect property In connection with the performance of the work covered by the contract. 2. It Is a condition of this contract, and shall be made a condition of each Subcontract entered Into Pursuant to this contract. that the contractor and any subcontractor shall not require any laborer or mechanic employed In perforitnce of the 'cwtrecf to work in Sur- roundings or under conditions which we un- sanitary. hazardous. or dangerous to his/her health or safety, as determined under construe tfon safety and heal" standards (Tltle_ 29, Code .of, .Federal Regulations, Part ' 1926: (formerl- Part 15161 as may be rovisedl Promul- gated by the Secretary of Labor, in accordance with Section 107 of the Contract Mork Hours and Safety Standards Act (63 Stet. 96). IX. FALSE STATEMENTS COMC£R)IIHD HIGHWAY FAOJECTS In order to assure high quality and durable construction In conformity with approved Plans and specifications and a high degree of rella- b(i (Ty on state~ts and representations made by engineers, contractors, suppliers, and workers on Federal -ald highway projects, It Is essential that all persons concerned with no � t project perform their..fuactionc as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation With respect to env fine+ re:`t:d t.. ::,e piu- Joe Is a violation of Federal law. To present any misunderstanding regarding Me seriousness of mesa and siallr acts, the following notice shall be posted on each- Federal -old highway Project (23 CFR Part 635) in one or sera places where it Is readily available to all parsons Concerned with the project: SSSSSfffSSSfffff 1 NOTICE TO ALL PERSONNEL ii1CA61D ON FEDERAL -AID HICHNAT PROJECTS Title 18, United States Code, Section 1020, reads as follows: "whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever,. whether a person, association, firm, or corporation, knowingly makes any false statement, false reprasente tion, or false report as to the character, quality, Quantity, or cost of the material used au or to be. used, or ilia quantity or quality of the work performed or to be performed, 'or the costs thereof In connection with the submission of plans, maps, specifications, contracts, or Costs of construction cn any highway or related project submitted for approval to the Secretary of . Transportation: or "Whoever knowingly makes any false state - aeot, false representation, false report 'or false claim with respect to the character, quality, quantity, or cost of any work Per- formed or to be performed, or eaterlals fur- nished or to be furnished, In connection with the Construction of any highway or related project approved by the Secretary of Transportation; or "Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -Aid Roads Act approved July 1, 1916, (39 Stat. 555), as emended and wvplemented; 'Shall be tined noT eore then 510,000 or Imprisoned not more than 5 ywars, or both.^ Revised 5 -21-88 FR -14 SSSSSS'fSSSSSSSSS A. vWLDfwTAT.rel nc :ll': '7. ^.:� A;Z FEDERAL WATER POLLUTION CONTROL ACT (Applicable Federal -a)d construction contracts and related subcontracts exceed Ing 1100,000.) By submission of this bid, or the execution of "Is contract or subcontract, as .appro- priate, "a bidder, Federal -ald' construction contractor, or subcontractor, as appropriate, will be deemed to hew stipulated as follows: 1. That any facility that Is or will be utilized In the performance of This contract, unless such contract is exempt under the Clem Air Act, as amended (42 U.S.C. 1857 at seq., as amended by Pub. L. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, at sea., as amended by Pub. L. 92 -500), Exaeutiw Order 11738; and regulations In Imple wtatlon thereof (40 CFR Part 15) Is not listed, on the date of contract award. on the U.S. Environmental Protection Agency (EPA) List of violating Facilities pursuant to 40 CFR 15.20. 2. That the .flan agrees to comfy and reebin In Como) lance with all the requirements of Section 114 of.' the Clean Air Act and Section 308 of the . Federal Water. Pollution Control -Act and all regulations and quidallnes listec thereunder. 3. That Me firm shall promptly notify Th. SHA of Ma receipt of any, communication fro the Director, Office of Fed oral Activities EPA, Indicating that. a faci I)ty Mat. Is or w11 be utillZod for the contract Is under Consid oration to be IIsted on the EPA List c Violating Facilities. 4. That the firm agrees to Include or cau! to be Included• the requirements of paragraphs through 4 of this Section X In every nonexem subcontract, end further egress to take so action as The government may direct as a nea of enforcing such requlrements. i 6-1.06 FEDERAL -AIO FEMALE AND MiMO M GOALS In xcordenco with Section il, Non -SMSA Counties ................. 23.2 "Mond l scrlminarin..." ry;,�;, :u, of 'lupulrwA Cow' Lb;,,,; M Mendocino; Contract Provisions Federal -old Construction CA San Benito. Contracts" the following are the pools for towel- utlllzaflon: 177 Sacramento, CA: Goal for Woman (applies nationwide) ....... (prcent) 6.9 The following are goals for minority utilization- CALIFC"IA ECONOMIC AREA Goal (Percent) 174 Redding, CA: Mon -SMSA Counties ................ CA Lassen; CA `M4odoc; CA Plumes; CA Shasta; CA Stskiyou; CA Tohame. 173 Eureka. CA: Man -SMSA Counties ................ CA Oel fort.; CA Humboldt; CA Trinity. 176 San Francisco - Oakland -San Jose, CA: 6.8 6.6 SMSA Counties: 7120 Saunas- Soeslde- Montrey, CA ................ 28.9 CA Monterey. 7360 San FrenClseo- Oakland, CA. 23.6 CA Alameda. CA Contra Costa; CA Merin; CA San Francisco;. CA San Mateo. 7400 San Jose. CA.; ............ 19.6 CA Santa Clara. 7485 Santa Cruz, CA............ 14.9 CA Santa Cruz. 7500 Santa Rose, CA............ 9.1 CA Sonoma. 8720 Vallejo-Falrflold- Mapa, CA .................... 17.1 CA Maoa; CA Solano ne.le.d 5 -21-88 FR -IS SMSA Counties: 6920 Sacramento, CA........... CA Placer; CA Sacramento; CA Yolo. MW_SMSA Countlos .:............... CA Butte; CA Coluse; CA El Dorado, CA Glenn; CA Nevada; CA Sierra; CA Sutter: CA Yuba. 178 Stockton - Modesto, CA: SMSA Countfos: 3170 Modesto, CA .............. CA Stantsleos. 6120 Stockton, CA ............. CA San 4oaduln. Non-SMSA Countlos ................. CA Alpine; CA Amodor; CA Calaveras; CA Marlposa; CA Merced; CA Tuolumne. 179 Fresno- Balwsfiold, CA: 16.1 14.3 12.3 24.3 19.8 SMSA CounTios: 0680 Bakorafield, CA.......... 19:1 CA Kern. 2840 Fresno, CA ............... 26.1 CA Fresno. Mon -SMSA Counties ................. 23.6 CA Kings; CA Madera; CA Tulare. 180 Los Angeles, CA: SMSA Counties: 0360 McMln -Santo Ana-Garden Grove, CA ................... 11.9 CA Orange. 4480 Los Angeles -Long Beach, CA ................... Z8.3 CA Los Angeles. 6000 Oxnard -S1ol Valley - Venture, CA ................. 21.5 CA Ventura. 6780 Riverside -San Bernardino- Ontario. CA ................. 19.0 CA Riverside; r• <_r. C�rnerdino. 7430 Santa Barbara -Santa Marla- Lompoc. CA .................. 19.7 CA Santa Barbara. Ron -SµSA Counties ................. 2l,6 CA Inyo; CA Nino; - CA San Luis Obispo. 181 San 0iego. CA: . 91SA Counties 7320 San 01ago, CA..........:. 16.9 CA San 01ego. Non-SMSA Counties ................. 18.2 CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the. Conirector . and subcontractors . holding subcontracts, not including material suppliers, of 510,000 or sore, shall submit for. every month of July during which work Is performed, pployment data as contalned under Form PR -1391 (Appendix C to 23 CFR, Pert 230), and In accordance with the Instructions Included thereon. e FR -16 Reuel seG }-2 n -86 1� 6 -26-78 StC:ION 6-2. r=XRAL RLOOIRIM -M-V ' I7tAINITFG SPtCIAL PROVISION _ 6 -2.01 As part of the Contractor's equal employment opportunity a.ffir- -. native action program, training shall be provided as followst - :Se Contractor shall provide on -the -job training to develop full - JO%"Meymen -in the types of trades or job classificat_Son involved.. - Via goal for the number of trainees or apprentices to be t rained - under the requiramenta of this special provision will be 7 ... In the event the Contractor subcontracts a portion of t'le can -ac7 work, he shall determine how many, if any, of the trainees or appran- tices are to be trained by the subcontractor, provided however, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this special provision. She .. Contractor shall- also insure that this Training Special Provision is lade applicable to such subcontract. Where feasible, 2S percent of : trainees or apprentices in aacS occupation shall be in their first year of apprenticaship or training. - -Tie nurser of trainees or apprentices shall be distributed among the work classi_ications on the basis of the Contractor's needs and the availability of journeyman in the various classifications within a reasonable area of recz- ai—nt. Prior to ccr ncinq work, the Contractor shall submit to the Department for approval the number of .. trainees or apprentices to be trained in each selected classification - and training program to be used. 7urthernore, the Contractor shall specify the starting ti m for traini.nq iz each of the classification. Me Contracxr will be credited for each trainee or apprentice employed by him on the contract work who is c-irrently enrolled or bermes enrolled in an approved program . and will be reimbursed for such trainees or apprentices as provided hereinafter. - - - airing and upgrading of minorities and women toward joe-- 3eynen status is a primary objective of this L-aining Special Provision. Accordingly, the Contractor shall make every effort to enroll minority and wo=n trainees or apprentices (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and vemen trainees or apprentices) to the extant such persons . are available within a reasonable area of reciitsnt. 'he Contractor will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a deter3i.nation As to whether the Con- tractor is in c 2pliancs witr this :raining Special Provision. T.is. training coaaitrent is not intended, and shall not be used, to dis- cr4-inate against any applicant for training, whether a member of a minority group or not. No employee shall be employed as a trainee or apprentice in any classification in which he has successfully complated a training course leading to journeyman status or in vhit.'i he has been employed as a journeyman. She Contractor should satiafy thin requirement by - - including appropriate questions in the amplovee application or by other suitable means. Regardless of the method used the Cantrae- ._or's records should document the findings in each case. �e minima length and type of training for each classification will be an established in the training program salected by the Contractor and approved by both the Department and the Federal Highway Administra- tion. :he Depar-tncnt and the Federal Highway Administration will approve a program if it is reasonably calculated to meet the equal amployment opportunity obligations of the Contractor and to qualify tic average trainee or apprentice for journeyman status in the classification concerned by the and of the training period. rurthar- oore, apprenticeship progrn =s registered with t-: O.S. Departnent of Labor, Bureau of Ap prent_c ship and 7--raining, or with the State of Cali_oz ia, Deoart�nt 01 lndustrial Rclationa, D'_v:sion of Appren- t!eaship Standards racogni_ed by the Bureau and t,ai�inq pzograna re - li 6 -z6 -TB approved but not necessarily sponsored by the 0.5. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Train- ing shall also be considered acceptable provided it is being administered in a sapper consistent with the equal employment obli- gations of Pederal -aid highway constriction contracts. Approval or acceptance of a training program shall be obtained frca the State prior to commencing work on the classification covered by the pro- gram. It is the intention of those provisions that training is to be provided in the coast.-ac-lon crafts rather than clerk- typists or secretarial -type positions. Training is permissible in lower level manages nt positions such as office engineers, estimators, keepers, etc., where the training is oriented toward eonstruc`lon Applications- Training in the laborer classification may be permitted provided that significant and meaningful training is . provided and approved by the division office. Some offsite train- _ ing is permissible as long as the training is an integral part of an approved to ±niing program and does not co-rise a s- gnifiwt _ pa=t of the overall training. Except as otherwise noted below, the Contractor will be rei= burled 80 cents per hour of train'' =.g given an employee on this contract in sccordanee with an approved training program. As approved by the " ' Engineer, reieSu^sement will be made for training of persons in excess of the number specified heroin. This reimbursement will be.� made even though the Contactor receives additional trailing pro- _ gram _funds from other sou --as, provided such other source does not specifically prohibit the Contractor from receiving ot`.er reimburse - neat. Rei-�,ursesent for offsite t=ni=Lhg indicated above may only _ be made to the Contac'..;or where he does one or more of the follwIng and the trainees or apprentices arm concurrently ee:ployed on a Pederal -aid project; eantributas to the cost of the training, pro- vides the ins action to the trainee or apprenticm or pays the trainee's or apprentics's ragas during the offsite training period. No payment shall be made a the C�nt=actmr if either the failure to provide the required training, or the failure to hire the t=sinee or apprentice as a journeyman, is caused by the Contactor and evidences a lack of good faith on the part of the Contractor L^ meeting the requiramenta of this Training Special Prevision. It is ner=lly axpec ad that a trainee or apprentice will begin his t'rain_ng on the project as soon u feasible after start of work ttlli =ing the skill involved and remain on the Project as long as training opportunities exist in his work classification or until he has ecmpletad bis traininq program. It is not required that all t- aLneas or appren`lces be on board for the ent;=e length of ' the contact. A Cnnt =actor will have Fulfilled his responsibilities under this Traizing Special Provision if he has provided acceptable training to the number of trainees or apprentices specified. The number trained shall be determined on the basis of the total n=bar enrolled on the contract for a significant period. Only trainees or apprentices registered in a procrsa approved by ." the State of California's State Administrator of Apprenticeship may be employed on the project and said trainees or apprent.ic_s shall be . paid the standard wage specified under the regulations of the Craft or trade at which they are employed. T"..e Contactor shall furnish the trainee or apprentice a copy of the program he will follow In providing the training. the Cont =actor shall provide each trainee or apprentice with a car- lficatlon showing the type and langth Of traiaLhg satisfactnrily cne:pletad. ':ne Contractor will provide for the = :Lntenance of records and furnish periodic reports docaent_ng his perfor...ance under this ,raining Spacial Provision. _ F� -1� EXHIBIT "B" CERTIFICATION OF ENGINEER I HEREBY CERTIFY that I am the h5iA '(�P� and duly authorized representative of the firm of 0 Ss +i aka. I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bonafide employee working solely for me or the above consultant) to solicit or secure this agreement; (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the State Department of Transportation in connection with this agreement involving participation of Federal Aid highway funds, and is subject to applicable State and Federal laws, ,both criminal and civil. /� n Date S- Z,rr EXHIBIT "C" r TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The prime Consultant, under penalty of perjury, certifies that, except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 year; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining Consultant responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall constitute signature of this Certification. Signature of Engineer Yi BALBOA COSS COMMUNIT4&SSOCIATION P.O. Box 1224 Newport Beach, California 92663 �- C September 18, 1992 Admiral M. Gilbert, Commander 11th U.S. Coast Guard District 501 W. Ocean Boulevard Long Beach, CA 90822 RE: Navigational Hazard Newport Boulevard Bridge Dear Admiral Gilbert: The so- called navigation lights protruding into the space of the center span of the arches bridge create a serious hazard to navigation. The lights are mounted on the and of a suspended metal pole about 8 feet from the outside support beams on either side of the bridge. They constitute a hazard because they are not attached to any lower solid part of the bridge which is what the boatman is concentrating on while navigating and also gauging wind and current. The lights are suspended in a space that is expected to be free of obstruction before and after the solid bridge beams are encountered. Since installation, the lights have been broken on numerous occasions, which supports the conclusion they are unsafe and interfere with safe navigation. The green lenses are broken and left dangling even further into the navigation space which exposes the wiring, light bulbs, and sharp ends of the light sockets and broken light bulbs to boats' superstructure and boatmen's heads and upper anatomy. The lights should be attached to the beams at the level of the bottom of the beam, and designed to illuminate the yellow stripe on the bottom of the rubber cuff to provide a true reference to the real clearance heighth under the bridge. Any assistance you may render in this matter will be appreciated. FOR THE BOARD OF DIRECTORS Jack F. King, Secretary cc:v Kevin Murphy, City Manager, City of Newport Beach Russel Lightrop, Director, District 12 - CalTrans ENGINEERING AGREEMENT THIS AGREEMENT, entered into this C%2� �~ day of W/ / , 1991, by and between the CITY OF NEWPORT BEACH, a munici 1 corporation, (hereinafter referred to as "CITY ") and LEIGHTON & ASSOCIATES, INC., whose address is 1151 Duryea Avenue, Irvine, CA 92714 (hereinafter referred to as "ENGINEER ") is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of CITY. B. CITY and ENGINEER desire to enter into a professional services agreement for material testing for the Newport Boulevard Project No. C -2642 upon the terms and conditions set forth herein: NOW, THEREFORE, it is mutually agreed by and between CITY and ENGINEER as follows: SECTION 1. GENERAL The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to such work. The required contract provisions for Federal -aid construction contracts are included in Exhibit "A" (Pages FR -1 through FR -18) attached and incorporated herein by reference. A Certification of Consultant statement (Exhibit "B ") and Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certification (Exhibit "C") must be signed by an authorized company representative. 1 SECTION 2. SERVICES TO BE PERFORMED ENGINEER shall perform all services and work as outlined herein below: A. Provide qualified personnel and equipment to perform independent assurance testing and Engineering Geologist Services as required by the project Resident Engineer to assure that the material used in this project is in compliance with the contract documents. B. Provide supplemental personnel as required for on- site and off -site testing and inspection. SECTION 3. COMPENSATION TO ENGINEER ENGINEER shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference with the maximum fee not to exceed $25,000.00. SECTION 4. STANDARD OF CARE ENGINEER agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and ENGINEER intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of, ENGINEER except to the extent they are limited by statue, rule or regulation and the express terms of this Agreement. No Civil Service status or other right of employment will be acquired by virtue of ENGINEER'S services. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave, are available from CITY to ENGINEER, its employees or agents. Deductions shall not be made for any State or Federal 2 taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any fees due ENGINEER. Payment of the above items, if required, is the responsibility of ENGINEER. SECTION 6. HOLD HARMLESS ENGINEER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, arising from or in any manner connected to ENGINEER'S negligent performance of services pursuant to this Agreement. SECTION 7. On or before the commencement of the term of this Agreement, ENGINEER shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 7A, B, C and D. Such certificates, which do not limit ENGINEER'S indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate shall not be canceled by the insurer except after ten (10) days' written notice has been received by the City of Newport Beach." It is agreed that ENGINEER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement, and that said coverage of insurance shall be secured from an insurance company assigned Policyholders' Rating B (or higher) and Financial Size Category Class VIII (or larger) by the latest edition of Best's Key Rating Guide and licensed to do insurance business in the State of California. A. COVERAGE (1) Workers' Compensation. Statutory coverage as required by the State of California. (2) Liability. Comprehensive general coverage in the following minimum limits: 3 Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Professional Liability. Professional liability insurance which includes coverage for the professional acts, errors and omissions of the ENGINEER in the amount of at least $1,000,000. B. SUBROGATION WAIVER ENGINEER agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, that ENGINEER shall look solely to its insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any insurer providing comprehensive general liability insurance to either ENGINEER or CITY with respect to the services of ENGINEER herein, a waiver of any right of subrogation which any such insurer of said ENGINEER may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If ENGINEER at any time during the term hereof, should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the ENGINEER'S name or as an agent of the ENGINEER, and shall be compensated by the ENGINEER for the costs of such insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not 4 be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFERS Neither party shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of the other party; any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of ENGINEER, or of the interest of any general partner or joint venturer or syndicate member or cotenant if ENGINEER is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing the control of ENGINEER, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES ENGINEER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by ENGINEER shall be the property of CITY. CITY shall make no use of materials prepared by ENGINEER pursuant to this Agreement, except for construction, 5 0 maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the ENGINEER. No report, information or other data given to or prepared or assembled by the ENGINEER pursuant to this Agreement shall be made available to any individual or organization by the ENGINEER without prior approval of CITY. ENGINEER shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS ENGINEER shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. ENGINEER shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. ENGINEER shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as 21 hereinafter approved. All notices, demands, requests, or approvals from ENGINEER to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Horst Hlawaty, Project Manager All notices, demands, requests, or approvals from CITY to ENGINEER shall be addressed to ENGINEER at: LEIGHTON & ASSOCIATES, INC. 1151 Duryea Avenue Irvine, CA 92714 Attention: Tom Payne SECTION 13. Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepaid, addressed to the other party's business office. In the event of termination due to fault of ENGINEER, CITY shall be obligated to compensate ENGINEER for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of ENGINEER, CITY agrees to compensate ENGINEER for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedules contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. ENGINEER shall not post, exhibit, display or allow 7 to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind unless prior written approval having been secured from CITY to do otherwise. SECTION 16. COMPLIANCES ENGINEER shall comply with all applicable laws, State or Federal, and all applicable ordinances, rules and regulations enacted or issued by CITY. SECTION 17. NUISANCE ENGINEER shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. SECTION 18. SAFETY REQUIREMENT All work performed under this contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. CITY reserves the right to issue restraint or cease and desist orders to the ENGINEER when unsafe or harmful acts are observed or reported relative to the performance of the ENGINEER'S work under this Agreement. The ENGINEER shall maintain his work free of hazards to persons and /or property resulting from his operations. Any hazardous condition noted by the ENGINEER, which is not a result of his operations, shall immediately be reported to CITY; however, it is not ENGINEER'S responsibility to determine whether any such hazardous conditions exists. SECTION 19. SUBCONTRACTOR APPROVAL Unless prior written consent from CITY is obtained, only those people and subcontractors whose names and addresses appear in this Agreement or any attachments hereto shall be used in the performance of this Agreement. Request for additional subcontracting shall be submitted in writing, describing the scope 8 9 & of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing an estimated cost for the subcontractor's services. Approval of the subcontractor may, at the option of CITY, be issued in the form of a Work Order. SECTION 20. WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. SECTION 21. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and ENGINEER. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, a/MMunicipal Corporation Byti City Manager LEIGHTON & ASSOCIATES47 INC. By Title i EXHIBIT "A" SECTION 6. FEDERAL REQUIR80M FOR FEDERAL.AIO CONSTRUCTION PROJECTS 6.1.01 GENERAL. —The, work herein p-oposoo wlII be financed In wool* or In part with F*d- e,ral funds, end therefor* all of the statutes, rules and.regulat,lans promo lgated by the Fed- eral Government and applicable 10 work financed In whole, or In part with Federal funds will apply to auto work. The *Required Contract Provisions, Federal -Aid Construction Contracts," Form FHNA 1273, r* Included In this Section 6. When*vor In sold required Contract Provisions ;references sea made, Ito OSHA contracting .afflegra, OSHA resident ehgineerw, cr wouthoriad revesentafive of the SHA", such references shell be construed to mean OEngine,or+ as dofined In Section 11.16 of the Standard Specification. 6•I,OZ P9tf014111ANCE OF FREVIOUS CON - TRACT. —In addition to theprovislons In Section 11, ONondiscrlminatlon,• and Section V11. OSmlblettfng or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following: The bidder snail eweart* "*.CERTIFICA- TION WITH REGARD TT) THE PERFORMANCE OF PREVIOUS CONIRACSS OR SUBCWiNACTS SUBJECT TO THE EQUAL OPFCATUNM CLAUSE AND 111E FILING OF REQUIRED REPOltl .located In the proposal. No request for subletting or assigning any portion of the contract In excess at $10,000 will be considered under the provisions of 'Section v11 of the required contract provisions unliss such requeit is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. 6-1.03 LION- COLLUSIOI PROVISION. --1Ta provisions In cols section are aoplleable to all contracts except C*nrraets for Federal Aid Secondary projects. Title 23, United States Coda, Section 112, requires as a condition or "t tb approval by the Federal Highway Administrator of the contract for cols work that eacn bldder' file a sworn statement executed by, or on benalf of, R.vis.d 3 -27-88 F&IN the parson, firm, association, or corporation to wham such contract Is to be awarded. carti- fying that such parson, flrm,'ass*clation, or corporation has not. either directly or Indi- rectly, entered Into any agreement. prtloi- patod In any collusion, or otherwise taken any action In restralat of free competitive bid- ding In connection with the submitted bid. A form to an "a non - collusion affidavit state- ment required by Section 112 as a certification. under penalty of perjury'ra"w then es.a sworn statement, as permitted by 28, USC, Sec. 1746.. Is Included in me proposal. 6-1.04 PARTICIPATION BY MINORITY 8USINESS ENTERPRISES IN SIECONiRACTiNC. --Part 23, Title, 49. Code of Federal Regulations applies To this Federal -old project. Pertinent sec- tion of said Code, ere Incorporated In part or In Its entirety within other sections of most soeclal provisions. _ IIIIIffI161111fi Schedule 9-- Infarmatlon for Datermlafag Joint Venture EllgiblIfly (This form need not be' fl l led in If all Joint venture, firms are minority owned.) • . 1. Name of Joint venture 2. Address of Joint venture 3. Phone number of Joint venture 4. Identify me, firms Mich tomprlse the Joint venture. -(The MBE pr'tner must complete Schedule A.) (a) Describe the, .role of firm In The Joint venture. ' (b) Describe vary briefly the experience and business Qualifications of each non -:6E Joint venturer- 3. Nature of the Joint venture's business 6. Provide a copy of "a joint venture agreement. . 7. what is the claimed percentage of MBE ownership? a. ownership of joint 'venture: (This need not be filled In If described In the Joint venture agreement, provided -by question 6.). (a) Profit and loss sharing. . (b) Capital contributions,, including equipment. i (c) other applicable ownership inter- ests. 9. Control of and participation In this contract. Identify by name, race, sax, end •firm• those Individuals (and their titles) who are responsible for day - today manages of and policy decislonmaking, Including, but not limited to, those with prime responsibility for: (a) Financial decisions (b) Management decisions, such as: (1) Estimating .(2) Marketing and sales (S) Hiring and firing of 'management personnel (4) Purchasing of major Items or supplies ' (c) Supervision of field operations Note. —tf, after filing this Schedule 8 and before the -completion of the,jolnt venture's work on the 'contract covered by this regula- tion, there is any significant change in the Information subiel"od, the Joint venture must ,.Inform the grantee, either directly or through the prime contractor If the Joint venture Is a subcontrector. Affidavit "The undersigned weer Met the foregoing statements are correct and Include all material Information necessary to Identify and explain Rev(sed 1 -21 -88 FR -2 the terns and operation of our Joint 'Mmatvrs and. the Intended participation by each Joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current,- complete and accurate Information regarding actual joint venture work and the payment therefor and any pro- posal chenges In -any of the - -Joint - venture arrangements and to permit the audit - and examinetlon of the books, records and files of The Joint venture, or those of each Joint venturer relevant to •the Joint venture, by authorized representatives of the grantee or "a Federal funding agency. ' - My material misrepresentation will be grounds for terminating any contract which a" be awarded and for Initiating action under Federal or State Jaws concerning false statements.• ............... ............................... Name of Firm Heins of Firm ............... ............................... Signature Signature .................................. .......... ............... ............................... Title Title ............... ............................... Dote Date Date State of ' County of On this_ day of i9 before w appeared. (Nam) , to-.me.personatly.k o"v wbo,'being duly sworn, did execute T" foregoing atfldavlt,-and .did state that he or, she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her tree act sod deed.. rotary Public Commission expires (Small Date State of County of ___ C On this _ day of , 19_J before me eoWared (NOM) to es personally lawn, who, being duly sworn, did *v -rte --- :. wgoing affidavit; M.'! !!:d state that he or she was properly authorized by (Nee» of firm) PAvised 3-21-88 R-3 0 to execute the affidavit and did so as his or her free act and deed. Notary Public Comaesslon expires ISeail 0 46 SECTION 6-1.05 REQUIRED .CONTRACT PROVISIONS . FEDERAL -AID CONSTRUCTION CONTRACTS - fExc:" ;we of Appalachian Contracts) Page 1. General ...........................FR -4 11. Nondiscrimination .................FR -4 111. Nonsegregated Facilities .........:FR -6 (Y. Payment of Predetermined Ninlaum Wage ... ...........................FR -7 V. Statements and Payrolls ...........FR -11 V1. Record of Materials, Supplies, and Labor .........................FR -12 VII. Subletting or Assigning the Contract ... .......... ...... ....... FR -12 Vill. Safety: Accident Prevention ... . ... FR -13 IX. False Statements Concerning Highway Projects .... :..................... FR -13 X. loolementation of Clean Air Act and Federal water Pollutloa Control Act ............. . .......... . ...... FR -14 1. GENERAL 1. These contract provisions shall apply tom all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's Immediate superintendence and to all work Performed on the contract by plocevork, station work, or by subcontract.. 2. Except as othervise provided for In each section, the contractor shall Insert In each subcontract all of the stipulations contalned In these Required Contract Provisions, and further require their Inclusion in any lower tier subcontract or purchase order That may In turn be made. The Required Contract Provisions shall not be Incorporated by reference In any case. The prime contractor shall be respon- sible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained In These Required ContracT Provisions shall be sufflelent grounds for termination of the contract. 4. A breech of The following clauses of the Required Contract Provisions my also be grcunas for deaarmont as provided In 29 CFR 5_12: R.VIted 3 -21-88 FR-d Form FRwA (273 (Rev, 10-87) Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs I and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V (except paragraph 3) of these Required Contract Provisions shall not be Subject to The general disputes Clause of this contract. Such disputes shall be resolved In accordance with the procedures of the U.S. Department of Labor (DOL) as set forth In .29 CFR Parts 5. 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of Its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their represente- tives. 6. Cortlfication of Eligibility: By entering Into this contract, the contractor certifies as follows: a. Neither the contractor nor any person or firm who has an Interest In the contractor's firm Is ineligible To be awardeC Government contracts by virtue of Section. 3(a) of. The Davis Bacon Act or 29 CFR 5.12(x)(1). b. No part of this co'tract shall be subcontracted to any Person or firm Inellglbie for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for waking false statements Is proscribed in the U.S. ;rlminal Code, IS U.S.C. 1001. It. NONDISCRIMINATION (Applicable to Federal -ald construction contracts and related subcontracts and purchase orders exceeding 510,000.) 1. Selection of Labor- During the perfor- mance of This contract, the contractor shall not: Y a. d(scrlminete against labor from any other State, possession, or territory of the tkrited States, or b. 4wltr cc::ct labor for any purpose within the limits of the project unless It Is labor pow too by convicts who are an parole, supervised rates", or probation. 2. Fspioymamt Rrocticest a. The Equal Employment opportunity Affirmative Action Notice set forth In 41 CFR 60-4.1 and tea Equal Employment opportunity Construction Contract Specifications set torte In ♦i CFR 60-4.3 an incorporated• by reference in this contract. b. Regulatfon 41 CFR 60-4.2 requires goals and timetables for minority and ttemale par- ticipation expressed in percentage Mints for the eontroc"els aggregate work force In each trade on all construction work In the covered area. The goals for this contract are stated elsewhere In The bidding documents and In the construction cohtraet. c. Aegulatlon 41 CFR 60-4.3 provides specific atflrmative action standards the contractor shalt implement to ensure equals eaployemaf opportunity In achieving the minority and female participation goals set 1*4 1 In paragraph 2b of this Section. 3. Equal Opportunity Clauses During the performance of this contract. the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employ- ment because of race. color, relfg(on..sea, or national origin. The contractor will take affirmative action to ensure that "Plleents are employed and that employees are Mated during employment uittxwt regard to their race. color, religion. sax, or national origin. Such action shall include, but not be limited to. the following: employment, upgrading, demotion or transfer; recruitment or recruitment ad- vertising; layoffs or lot (notion; rates of pay or other Mims of compensation; and. selection for training, Including apprenticeship. The contractor agrees to post In conspicuous places. available to employees and applicants Rwls.d }21-88 FR-5 0 for .mp(oywmnT, notices To be provided by the State. highway agency ISM) setting forth the provisions of this nondiscrimination clause. —b. The contractor rill, in all solicitaTlons or advertisements for employees placed by or on behalf of the contredfttr, state that all dualI- fled applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement cc other contract or understanding a notice to be provided by the Silt odvlsin0 the said labor union or workers' representative of the contractorls commitments under MIS Section It, paragraph 3. d. The contractor wilt comply with all provisions of- Executive Order 11246, Equal 6ployment Opportunity, dated September 24, 1963, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. e. The contractor will furnish all Information and reports required by Executive Order 11246 and by rules, regulations, and orders of. tea Secretary of Labor, pursuant theretq, and will Walt access to Its books, records, and accounts by tea Federal Highway Administration (FWA) and the Secretary of Labor for purposes of Investigation to as- certain compliance with such rules, regule- tions, and orders. f. In fee event of The contractorls'non- compliance with the nondiscrimination clauses of this Section 11, Paragraph 3, or with any of the said rules, regulations, or orders, 'this contract any be canceled, terminated, or sus- pended In whole or In part. The contractor may be declared Ineligible for further Wwrnment Conftect3 or federally- assisted construction contracts In accordance with procedures Who - r(zed in Fxo6elvs Order 11246 and such other sanctions as any be Imposed and remedies Invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. q. The contractor will Include the provl- slons of this SicTion Ii, paragraph 3, In every subcontract or ourchase order so that such Provisions 'vlll be binding upon each sub- contractor or vendor, unless "o"ted by rules. regulations, or orders of tM Secretary of Labor Issued' pursuant to Section 204 of Executive Order 11246. The contractor will take such action vlth respect to any Sub- contract or purchase order as the SMA or the FMIA way direct as a amens of enforcing such provisions, Including sanctions for non - compliance. In tfa event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request tbe'S14A to enter Into such Iltlgation to protect the Interest of tra State. In addition, iM contractor iey request the United States to wafer into such litigation to protect the Interests of the United States. 4. Selectlom of Subcontractors, Proonre- mant of Ihtarlals, and Leasing of Equipment: a. The contractor shall not discriminate on the grounds of race, color, sax, or national origin to the selection and retention of sub- contractors, including procurement of materials and leases of equipment. In all 'solicitations made by "to contractor each potential sub- contractor or-supplier shall be notified by the contractor of the =air*~'& obligations under this contract. relative to nondlacrIel- notion on the grounds of race, color, sax, or. national origin. b. In tM event of Me coytractor's non- compliance with -the and l scrini nation provl- slons of this Section 11, paragraph 4, this contract may be subject -to sanctions Including but not limited to tM wlthnolding of payments to the contractor under the contract until ilia contractor complles and /or cancellation, termi- nation, or suspension of the eontract In whole or In part. c. The contractor shall inctude the provi- sions of this paragraph 4 In every subcontract, Including procurement of materials end leases Of equipment. The Contractor shall take such action with respect to any subcontractor or procurement as the SM or the FHMA may direct as a means of enforcing such provisions, In- cluding sanctions for noncompliance. In the event a contractor becomes involved in, or is threatened with, litigation by a subcontractor R.vIsed 3 -21 -88 FR-6 ar supplier as a result of such direction, the contractor may request the SHA to enter Into such litigation to protect the Interests of the State. In adwlt!c., :`ham wr.;racior way renue.t the united States to enter into such litigation to protect the Interests of the United States. S. General Participation Requirements: a. Pot icy: It Is the policy of the DOT that disadvantaged business enterorl NS (DBE's), as defined In 49 CFR Part 23, snail have equal opportunity to participate in the, performance of contracts financed In what& or In part with Federal funds. Consequently, the requirements of 49 CFR Port 23 apply to this contract. .b. Obligation: The contractor agrees to take all necessary steps to ensure that eligible businesses, as defined In 49 CM Part 23, have equal opportunity to compete for and perform subcontracts financed in whole or In part with Federal funds provided under this contract. c. The contractor's failure to cam out "a requirements of paragraphs Se and 5b of this Section It shall constitute a breach of con- tract and may result in termination of the contract cc other appropriate action. d.-The contractor shall provide all Inforwe- tlon and reports required by 49 CFR Part Z3 or directives Issued pursuant thereto, and shall permit access to Its books, records, accounts, other sources of Information and Its facilities as may be determined by the SM or the FNMA to be pertinent to ascertain compliance with, the regulations or directives. 111. NONSEGREGATED FACILITIES (Applicable to Federal cold construction contracts end related subcontracts exceed ing SI0,0O0:) a. By submission of this bid, the execution of this contract or subcontract, or the Con - sunlnatloh of this materiel supply agreement or purchase order, as appropriate, the bidder, Federal -ald construction contractor, subcon- tractor, material supplier, or vendor, as appropriate, certifies Mat the firm does not maintain or provide for Its employeas any segregated facllltias at any of its establish- seats, and that the firm does not pore it Its employees to perform tt»Ir servlCas at any location, under its control, where sogregati facilities are maintained,. The tiro agrees. That a breach of this Certification IS a viola- tion of the Equal opportunity clause in this contract. The firm further certifies that no employ" will be denied access to adequate facilities on the basis of sex. b. As used In this Certification, the term `segregated facllitlese aeons any waiting rooms, work areas, restrooms and wafhrooMs,' restaurants and other eating areas, tlmecloc s, locker room$, and afar storage or dressing areas, parking lots, drinking �,ilountaIns1. recreation or eatertalnmmt arassy treaspo-- tation, and housing facilities provided for employees which are sagragated Ly explicit directive, or re, In fact, segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or Otherwise. C. The contractor agrees that It has Obtained or wilt Obtain Identical certification from proposed subcontractors Or material suppliers prior to award of subcontracts or" consummation of aafarlei supply agreements.. exceeding $10,000 and tnet It will retain such certifications in its tiles. Iy. PAVWW OF PREDEMNI)ID 91111" WAGE (Applicable to Fedora[-aid construction contracts and related subcontracts exceeding $2,000.) 1. Gemara#: a. All mechanics and laborers employed or working upon the site of to work will be paid unconditionally and oat lass often than once a week and without subsequent deduction or rebate On any account ( except such payroll deductions as are permitted by regulations Issued by the Secretary of labor under to Copeland Act (29 CFR Part 3)1 the full amounts of wages and bona fide fringe benefits for cash equivalents thereof) due at time of payment. The payment Shall be CtaipUTOd at rage rates not less than those contalned In The wage determination of M LA the Secretary of labor (harelnoftsr -the rage determlnatlonw) which is attached hereto and made a part hereof, regardless of any .controc- �i: r::a::unsnip whttn a" M airman the ContrOCTOc or. .11's subcontractors and such laborers and mechanics.. -The rage determination (including any additional clossl- Mentions and wage rates conformed under pers- graph 2 of this Section IV sod the OOL postar (tie( -1321) or Form RMA -1497) shall be posted at all times by the oontractVr and Its subcon- tractors et ten site of the work in a prominent and ocasslble place ware It Can be easily seen by the workers. For the Purpose of this Section, contributions made her costs reasonably anticipated for bona fide .fringe benefits under Section t(b)(2) of the .Oavlf-4eeon Act (40 U.S.C. Z76a) on behalf of laborers her MeehanlCs are considered wages paid to such laborers or Mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for that pur- pose of this Section, regular contributions made or. Costs Incurred "for more Than a weekly period (but not less often Irian quarterly) under plans, funds, or programs, which cover the particular weekly period, are dammed to a constructively made or - ,Incurred during such weekly - period. Such laborers and mechanics shal),be paid appropriate wage rate and fringe benefits an the wage determination for ten classification of work actually performed, without regard to skill, except as provided in Paragraphs 4 and 7 of this Section IV. b. laborers or mechanics performing work In more than one clessiflcation may be compensated at the rah specified for each classification _ for to tie* actually worked therein, provided, that the employer's payroll records accurately W to$M the flat somnt in each classification In which work is performed. C. All rulings and , Interpretations of ten Davis-secon and Related Acts contained In 29 CFR Parts t, 3, and 3 are herein Incorporated by referenea In "Is contract. Revised 3 -21-88 FR-7 2. Classification: a. The SHA Contracting officer shall require that any class of laborers Or mechanics employed under the Contract, whICn Is not 0 listed in the wage determination, shall be classified In conformance with the wage determination. b. The contracting officer additional classification, wage rate and fringe benefits therefor only when tM following crlterla nave boon met: (1) the work to be performed by the additional classification requested Is not performed by a classification In the wage determination; (2) the additional classification .Is utll(2ed In the area by the "construction Industry; and (3) the proposed wage rate, including any bona fide fringe benefits, beers a reasonable relationship to the wage rates contained In the wage determination. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics' (If known) to be employed in the additional ciassltication or their representatives, and the contracting officer agree on the classl- ficat(on and wage rate (including tM amount designated for fringe benefits where apliro- Prieto), a report of tM action taken shall be sent by "a contracting officer to the U.S. Departmsat of Labor, Administrator of the Wage and Four Division, Employment . Standards Administration, Washington, O.C. 20210. The Wage and Four Administrator, or an authorized representative, will approve, modify, or dls- approve every additional classification action within 30 days of receipt end so advise the contracting officer or will notify the contracting offtcar within the 30-day period that additional . time is necessary. d. In the event the contractor or subcon- tractors. as appropriate, . the laborers or mechanics to be .employed In the additional classification or their representatives, and the contracting officer do not agree on Me proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate). Me contracting Officer $belt rotor the Questions, Including the views of all interested Parties and the recoeweadat1w of the contracting officer, to the Wage and Her Administrator for deterwina- Re +ised 5 -21 -88 FR_6 tioa. Said Administrator, or - an authorized representative, will Issue a determinat.(on within 30 days of receipt and so advise the c00trA-tln7 a 0,i ,xlilty The .con- tracting officer within the SO- day" period that additional time Is necessary. e. The wage rate (including fringe benefits where appropriate) determined pursuant to para- graph 2c or 2d of this Section IV shall be paid to all workers performing work In the addl- tlonal classification from the first day on which work is perforwed In the classification. 3, Paymewt -of Frlage Bemflts: a. Wh000ver the minimum wage rate prescribed In the contract for a ..class of laborers or mechanics Includes a fringe benefit which Is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, snail either pay the benefit as stated In the wage deter - ■fmtion or shall pay another•- bone-Nde -fringe benefit or an hourly cash equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person,. WOO may con- sider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that. the appl(cable standards of the .Davis .Bacon Act have been met. The Secretary of Labor, may require the contractor to set aside In a sepe- raYe account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of tM U.S. Department cf tabor): a. Appranticas: (1) Apprentices vl I be Permitted to work at less then the predetermined rate for the work they performed when they are amoloyed pursuant to end Individually registered In a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Aoprenticeshlp and Training, or with a $tare apprenticeship agency i recogn ( Zed by the Bureau, Or If a parson IS employed In his/her first 90 days Of probation- ary employment as an apprentice In such an . approaticeah(p W-2-am. ter?= :7 io: Individual lv registered In "a program. but who has been crtlfled by the Bureau of Apprenticeship and Training or a State apprenticeship agency agency (where appropriate) to be eligible for probationay employment as an apprent ice. (2) The allowable ratio of apprentices to Journeyman level employees on the Job site In any craft ciassif(cat(on shalt hot be greater than the ratio permitted to the contractor as to the entire work force under the regi stared program. Any employee listed an a payro ll st an apprentice wage rater who Is not registered or otherwise employed as stated Wove, shall bo- aid ..not leas than the appl icsl>lo wage rata listed In the image determination for tae classification of work actually performed. In addition, any apprentice performing work on the Job site in excess of the redo permitted under the registered pi PSI sha(I be paid not less than the applicable saga rate an the wage determination for the work actually performed. liftwo a contractor or subcontractor Is prform- Ing construction on a project In a locality` Other than that In which Its program Is reglst tared, the ratios and wage ratea.(expressed in percentages of the Journeymn-;level hourly rate) so@ (tied In the contractor's or subcontractor's registered _program shall be observed. (3) Every apprentice must be paid at not less roan tea rate specified in the registered program for the apprentiaks level of progress, expressed as a percentage of the Journeyman - level hourly raft . specified in the applicable wage determination. Apprentices shall be paid fringe benefits In accordance with the provi- sions of the apprenticeship program. It the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classltica- tion. If the Administrator for the wage and Hour Division determine thst a different practice prevails for the applicable apprentice classification, fringes shall be paid In accordance with that. daterminetlon, R.v(s.W 5 -21-68 FR -9 (4) In the e�f the Bureau of Apprentice ship and Training, or a- -State .apprenticeship agency raeogniZed by the Sureau. wlthdrews Q. an apprenticeship .program. the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees Until an acceptable program is approved. b. Traineeet (1) Except as provided In 29 •CFR 3.16, trainees will not be permitted to work at .less than the predeteralned rate for the work per- formed unlps they are employed perawnt ib and Individually registered In a pr+bgI which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. (2) The ratio of trainees to Journeymen - level employees on the Job site snail not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at • trainee rata who Is not registered and participating In a training plan approved bir the Embloyment and Training Adminish atlon shall be paid not less than the applicable wage rate an the wage determination for the classlflcatlon of work actually performed. In addltlon, any. trainee Performing work on the Job site In excess of the ratio permltted Under the registered program shall be paid not less than The- avoll- mable wage rate on the wage"determinstign for the work actua I I y performed. . (3) Every trainee must be aid at not leas than the rate specified In the approval pograa for his /her level of progress, expressed as a• percentage of rna Journeyman -level hourly rate specified In the applloebl• wage determination. Trainees shall be aid fringe .benefits In accordance with the provisions of the trainee program. It the trainee program does not mention fringe benefits. trainees shell be Cold the full amount of fringe benefits listed on the wage determination unless the Administrator of rna wage and Hour Division determines that Thane Is an apprenticeship program associated with the corresponding Journeyman -level wage rate on "a wage determination which provides irr determination which provides For less. than full. fringe benefits for apprentices, in Mich case such trainees shall receive .the. same _fringe ,. benefits A. (4) to The event the Employment and Training Administration withdraws approval of a training Program. the contractor or subcontractor will no longer be permitted to utilize trainees at less "on the applicable p?edetermlned rate for the work performed until an acceptable program Is approved, c. Equal Employment Opportunity: ' t The utilization of apprentices,. "meet, and Journeymen -level employees ' sball be to conforalty with the equal employment oppor- tunity requirements of Executtva Order 11246, 23 CFR 230A, and 29 CFR Pert 30. S. Apprentices sell Trainees (Programs of the U.S. Ospertrat of Transportation): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the secretary of Transportation as promoting equal eglcyiwnt opportunity In connection with Federal -ald highway construction programs are not subject to the requirements of paragraph 4. of this Section IV. The straight 'time hourly wage rates for apprentices and trainees under such Programs will be established by the particular programs. The ratio of apprentices and trainees to journeyman shall not be greater than permitted by the terms -of the particular program. 6, Withholding: The SNA shall upon its own action or upon written rqusst of an authorized representative of the DOL withhold, or cause to be withhold, from the contractor or subcontractor under this contract or any other Federal contract with the sane prima contractor; or any other federally - assisted contract subject to Davis -Uacoa pre - vailing wage requlremmnts,whicn Is held by the sass prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, Re.ISed 3 -21-88 L-A Including apprentices,. trainees,. and helpers, employed by the contractor-or any subcontractor the f u I l amount of _ Vegas required , by tlh- con in the avant of failure to pay:any. laborer or. mechanic, tncluding' any apprentice, . trainee. or hel per, .employed or working on the site of the work, all or part of the wages required by the contract, the SIIA contracting officer may, after written . notice to the con- tractor. take such action as way be necessary to cause tae suspension of say further payment, advance, or guarantee of funds until such violations have ceased. FR -10 7. Overtime Requireamats: No Contractor or subcontractor contracting for any part of the contract work which may require or Involve The employment of laborers, mechanics, wetchmen, .or guards (Including apprentices and trainees described In para- graphs 4 and S above) shall squire or permit any taborer, 'mechanic, watchman, or guard In any workweek In which he /she Is employed on such work,' to work In excess of 40 hours In such workweek unless such laborer, mechanic, watchman, or guard receives - .aomponsatbon at 4 rate not lass -than one- androne -half 'times his/her basic rate of.pay for all hours worked In esccess of 40 hours in such workweek. 6. Violation: Liabli try -for- Unpaid Wages; Liquidated Damages: In the event of any violation of the clause sat forth In paragraph .7 above, the contractor and any subcontractor responsible therefor shall be liable to the affected employee for his/her unpald wages. In addition, such contractor and subcontractor shalt be liable to the United .States (In the. case of work done under contract 'for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. such liquidated damages shall be computed with respect to each Individual taborer, mechanic, watchman, or guard employed In violation of the clause set forth In paragraph 7, In the sum of $10 for each calendar day on which such employee was required or permitted to work In excess of the standard workweek of 40 hours i L 0 without payment of the overtime rages required by the clause sat forth in paragraph 7. °., Withholding for tr Ttsyea wad Liquidated Oaleagess The SM shot l upon Its own action or upon written request of any authorlxpd represento- t(ve of the 00L withhold., or cease to be withhold, from any monles payable an account of W01- k Performed by tho Contractor or subcon- tractor under any much Contract or any Other Federal oon11'001 with the $ame prime -Con- tractor. or. any other federally- assssted Contract subject to the -Contract llork tours and Safety Standards Act; Mulch Is hold'. W the same prime' oontT'actbr, such sums as my be deter- mined to be necessary to satisfy any Ilablll- ties Of such Contractor Cr subcontractor for unpaid ages and liquidated damages as provided In the clause sat forth in paragraph 11 above. V. SfAT131EKM AND PAMI.LS (Applicable to Federal -aid construction contracts and related subcontracts exceeding, $2,000.) 1. Compliance with Copeland Regulations (29 CFR Part 3). The contractor Shall comply with the Copeland Regulations of the Secretary of tabor which re herein Incorporated by reference. 2. Payrolls and Per II 'Pam rda; `a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and oceserved for a period of 3 years from the data of completion of the Contract for all laborers, mechanics, apprentices, trainees, watchmen, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs Ra -ls.d 3 -2i-aa FR- I I i anticlpated for bone fide fringe benefits or cash equivalents thereof of the types described In Section 1(b)(2)(8) of the Davis -bacon Act), daily and weekly number of hours worked, dedw+-- tions mode and actual ragas paid. uhsnever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wage( of any laborer or mechanic Include the amount of any Costs reasonably anticipated In prov(ding benefits under a plan or program described In Section 1(b)(2)(8) of tho Oavls -Saeon Act, tho contractor and each sue - tractor shall main- tain records which show that the commitment to provide such benefits Is enforceable, that the - plan or program is financially responsible, and that the 0Ian or program has been communicated in writing to tho laborers or mechanics affect- ed, and records which Stow the costs anticl- pated or the actual Costs incurred In pray( ding -such benefits. Contractors or sub - contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeshlo programs and cartification of trelnee programs, the registration of apprentices and "In*", and the ratios and wage rates prescribed In the applicable programs. C. Etch contractor and subcontractor shell furnish each week In which any contract work Is performed to tho SHA resident engineer a pay- roll of wages paid each of its employees (including apprentices and trainees described In Section IV, paragraphs 4 and 3 and wafth~ and guards engaged an work during the preopolag weekry payroll period). ilia payrolls submitted shall set out accurately and completely all of the InfornatIon required to be maintained under paragraph 2b of this Section V. This Informa- tion may be submitted In any form desired. Optional Fors tat -347 Is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 -005- 0014 -1), U.S. Government Printing Office, washington, O.C. 20402. The prime contractor Is responsible for me submission of coples of payrolls by alt subcontractors. - d. Each pajyroll submitted shall be accom- panled by a *Statement of Comollance," signed by the contractor or subcontractor or his /her agent who pays or superylses the pay,mant of the lr I r0 persons employed under the contract and shell certify the following: (1) that the payroll for the payroll period uuntains the Info matlon required to be main - tained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each holpr, apprentice, old trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from. file full wages earned, other than Permissible deductions as set .f04 11 In fhe Regulations, 29 CFR Part 3: . (3) that each laborer or meet antc has been paid not less than "m applicable wage rates and fringe benefits or cash equivalents for the classlflcatlon of work performed, as specified In the applicable wage determinatton Incorporated Into the contract. e. The weakly submission of a property exa- duted certification, sK forth an the reverse Side of Optione) Form WH-347 snail satisfy the requ Ireeent for submission of the •statement ok Comptlancem required by paragraph 2d of this Section V. t. The falsification of any of the above certifications may subject the contractor to civil or, criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the UnV ed States Coda. g. Ida contractor or subcontractor shall make Me records required under paragraph 2b of this Section V available for inspection, copy- ing, or transcription by author) Led represanta- tives of "a SHA, the FHNA, or the OOL, and shall permit such representatives tv' Interview employees during working hours co the job. If the contractor or subcontractor falls to submit the required records or to sake them available, the SKA, the FH11A, DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as way be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available way be grounds for debarment actlon pursuant to 29 CFR 3.12. Revised 3 -21 -88 FR- 12 {r 1555 1 S5 5 55 5 5 5 f5 5 VI. RECORD OF MATERIALS. SEFF'LIES. AND LABOR 1. On all Fedral -era primary, urban, and Interstate System contracts, except thou which provide solely tar the Installation of protec- tive devices at railroad grade crossings. those which re constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge Is less than S 1,000,000 (23 CFR Fart 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained In Form FHMA -47, "Statement of Materials and labor Used by Contractor of Highway Construction Involving Federal Funds,- prior to the uomnancoment of work under this contract. b. Maintain a record of the total cost of all materials and Supplies purchased for and Incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FWA -47, and In the units shown on Form FHWA -47. c. Furnish, upon the completion of the contract, to the SHA resident angineer on Form FHNA -47 together with the data required In paragraph lb relative to materials and sup- plies, a final labor suemary of all contract work indicating the total hours worked and the total amount earned. Z. At the prime contractor's option, either e single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. V11. St$LETTt N6 OR ASSIGNIIG THE CONTRACT 1. The contractor shall perform with Its own organlZatlon contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere In the contract) of the total original contract price, excluding any specialty Items designated by the State. Specialty Items may be performed by subcontract and the amount of any such specialty Items so 0 parform.d way be deducted from the total original contract price before computing the amount of work reaulrel to be performed by the contractor's own organization (23 CFR Per• 635). a. "Its own organization" shall be construed to Include only workers employed and paid drrectly by the prism, contractor and equipment owned or rented by the prima contractor, with or without operators. Such term dos! not In- clude _employees or. equipment of a subcon- tractor, assignwe, or agent of the prime contractor. b. "Specialty Ites" shell be construed to be limited to work that requires highly speclallzed knowledge, abilities, ,or equipment W ordinarily available In the type of con - tracf(ng organizations qualified and expected to bid on the contract as a whole and in general an to be limited to minor components of the overall contract. 2. The contract amount upon which the requirement set fo, th. in paragraph 1 of this Section Y11 Is computed Includes the opal of serterlals and manufactured products which are to be purchased or produced by the contractor` under Tha contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who Is employed by the firs, has full authority to direct Wforemnce of the -work In accordance with the contract requirements, and is in charge of all oonstructlon operations (regard- less of who perfol the work) and (b) such other of Its own organizational resources (supervision, aenagemmut, and engineering services) as the SHA eowtract(ng off leer detr- ■(nes is necessary to assure the Perfonrnee at the contrect. - t, No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized represents - tive, and such consent when given shall not be construed to relieve the wntractur of any R.vts.d 5 -21-89 FR -13 responslblllty for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract L- or)Aerco; If, - .ririao and the* it .- I::= all pertinent provisions and requirements of Me prlm.e contract. . Vill. SAFETY: ACC10E)IT PA£YE)(Tlgl 1. In The PsHorswce of this contract the contractor shall -, ply with all applicable Federal, State, and local laws governing safety.. heath, and sanitation (23 CFR Pert 635). The contractor shall provide all safe- guards, safety devices and protect[" eau Ipmmwrt and fake any other needed actions as it d~- win". or as The SHA contracting officer say deterwiae. to be reasonably necessary to pro- tect the life and heat" of employees an the Job and The safety of the public and to protect property In connection w(" The performance of the work covered by the contract. 2. It is a condition of this contract, and shell be made a condition of each subcontract - entered into pursuant to This contract, that the contractor and any sibeontracice shalt not require any laborer or awchaole employed In prformince of the contract to work In sur- roundings or under conditions which are un- sanitary, hazardous, or dangerous to his/her health or safety, as determined under oanstrvc- tlon safety and health standards ITitle. 29, Code of, _Federal Regulations. Part ,1926: (formed ;• Part t318) as may be ravisedl promul- gated by - the Secretary of Labor. In accordance with Section 107 of the Contract Mork lours and Safety Standards Act (83 Stat. 96). IX, FALSE STATEMEM CONCSI111HO HICI(MAY FaOJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of rail" bi l Ity on statewants and representations made by engineers, contractors, suop l ter%, and workers on Federal -aid highway projects, It as essanfial that all persons concerned wl" the Project perform their..functlons. as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to env fec* rt::Hsd : ;.e I"_ ject Is a violation of Federal law. To Prevent any misunderstanding regarding tha seriousness of these and similar sets, the following notice shall be posted on each, Federal -old highway project (23 CFR Pert 633) In One or more Places where it Is readily available to all persons concerned with tha project; ffSfSffSfSffffSS 1 NOTICE TO ALL PERSONNEL DIGABED LM FEDERAL -AID H16IMAT PROJECTS Title 18, United States Code, Section 1020, reads as follows-. ^Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, . whether a person, association, tire, or corporatlot, knowingly makes any false statement, false raprasanta tlon, or false report as to tha character, quality, quantity, or cost, of the material used or to be used, or the quantity or quality of the work performed Or to be Performed, 'or the costs thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or re:(ated project submitted for approval to the Secretary of Transportation; or RWhoever knowingly makes any false state- ment, false rwnsen tat ion, false report -or false claim with respect to the character, quality, quantity, or cost of any work per- formed or to be performed, or Warfel% fur- nished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or -Whoever knowingly makes my false statement or false representation as to material feet In any statement, certificate, or report submitted pursuant to provisions of the Federal -Aid Pods Act approved July 1, 1916, (39 Scat. 355), as amended and supplemented; 'Shall be fined noT wore Man 510,000 or imorisoned not more then 5 years, or bon.- Revised 1 -21-86 FR_ 14 'SSfSSSSfSSSSSSSS A. 1098LE ENTATtrri ns- «-U.!! Al" =7 f,;:. FEDERAL WATER POLLUTION CONTROL ACT (Applicable Fedora l -aid construction contracts and related subcontracts exceeding 1100,000.1 By submission of this bid, or the execution of this contract or' subcontract, as appro- Prieto, the bidder. Federal -ald' construction contractor, or subcontractor, as appropriate, will be'deawed to have stipulated as follows: 1. That any facility that Is or will be ut(IIzed In the performance of This 'contract, unless such contract (s' exempt under the Clean Air Act, as amended (42 U.S.C. 1857 at sea., as amended by Pub. L. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, at led., as amended by Pub. L. 92 -500), Executive Order 11738; and regulations In lwwntat(on thereof (40 CFR Part 15) Is I not listed, on the date of contract award, on the U.S. - Environmental Protection Agency (EPA) List of violating Facilities pursuant to 40 CFR 15.20. 2. That "*:firm In compliance with Section 114 of. the 306 of the Federal and all regulotlo thereunder. agrees to comply end remalr all the requirements 01 Clean Air Act and Sectiol Water. Pollution Control 'AC ns and guldellnes list, 3. That the firm shall promptly notify » . SHA of the recelpt of any. communication fr( the Director, Office of Federal Activltir EPA, Indicating that.a facility that is or wl be utilized for the contract Is under coast J oration to be Ilsted on the EPA List 1 Violating Facilities. 4. That the firm agrees to Include or ca, to be Included- the reauirecoats of paragraphs through 4 Of this Section X In every nonexe subcontract, and further agrees to take s action as the government may direct as a m of enforcing such requirements. 6-1.06 FEDERAL -A10 FEMALE AND MINORITY GOALS In accordance with Sect Ion 1(, Non -SMSA Counties ................. 23.2 +NOnndlserinine*n . r.+ y,:,.p:. :u, of +I.equlreA ;,.,,"; ,;A Mendocino; Contract Provisions Federal -eld Construction ' CA San Benito. Contracts- the following are the pools for temaie utilization: 177 Sacramento, CA: Goal for women (wallet nationwide) ...... ;(prcont) 6.9 The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA. . Goal - (Percent) 174 Redding, CA: Non -SMSA Counties ... ;............ 6.8 CA Lessen; CA �Modoe; CA Plums; CA Shasta; CA Slskiyou; CA Tenons. 177 Eureka, CA- Mon-SMSA Counties ................ CA Del Mort*; CA Humboldt; CA Trinity. 176 San Francisco - Oakland -San Jose,-CA: SMSA Counties: 7120 Sallnes- Seaside Monterey, CA,,,,,,,,,,,,,,,, CA Monterey . 7360 San Fraac(sc0-0ekland, CA. CA Alameda; CA Contra Costa; CA Merin; CA San Francisco;. CA Son Mateo. 7400 San Jose, CA .............. CA Santa Clara. 7485 Santa Cruz, CA............ CA Santa Cruz. 7500 Santa Rose. CA............ CA Sonoma. 8720 Vallejo-Falrf(eld- Nepa. CA .................... CA Repo; CA Solano 6.6 ° 28.9 27.6 19.6 SMSA Counties: 6920 Sacramento, CA........... CA Placer; CA Sacramento; CA Yolo. Mon-SMSA Counties .:............... CA Butte; CA Coluse; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba. 178 Stockton - Modesto, CA: SMSA Counties: 5170 Modesto. CA .............. CA St"Isleus. 8120 Stockton, CA ............. CA San Joaquin. Non -SMSA Counties ................. CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. 179 Fresno"Bakersf [old. CA: SMSA Counties: 0680 8akerstleld, CA.......... CA Kern. 2840 Fresno. CA ............... CA Fresno. Non -SMSA Counties ................. CA Kings; CA Modern; CA Tulare. 180 Los Angolan, CA: 14.9 SMSA Counties: 0360 Aaah*lm -Santa Ana - Gordon 9.1 Grow. CA ................... CA Orange. 4480 Los Angeles -long 17.1 Beech. CA ................... CA Los Angel ". 6000 Oxnard -Slat Valley - Venture. CA ................. CA Ventura. Ri♦ Ism 3 -21-88 FR-IS 16.1 14.3 12.3 24.3 19.8 19:1 26.1 23.6 11.9 28.3 21.3 6780 Riverside -San Bernardino- Ontario, CA. ................ 19.0 CA Riverside; CA S- -r. 04Knerdino. 740(1 Santa Barbara -Santa Maria - Lompoc. CA .................. 19.7 CA Santa Barbara. Non -SMSA Counties ............ :.... 24.6 CA Inyo; CA !boos - CA San Luis Obispo. lal San Dior. CA: . SMSA Counties , 7320 San Diego, CA............ 16.9 CA San Diego. Non -SMSA Counties ................. 18.2 CA Imperial. Re. I %.d 3-21-88 In addition to the reporting rw7uirwnents set forth elsewhere In this contract the. ,on5ractor and subcontractors ' holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for. -every month of July during which work Is performed, employment data as contained under form PR -1391 (Appendix C to 23 CPR, Part 230), and In accordance with the Instructions included thereon. FR-16 SEC:IDN 6-2 6 -26-78 MERAL RLQDI=�z TgAININC SPECSAL PRAVISICN 6 -2.01 As part of the Contractor's equal employment opportunity "fir - active action progrsm, training shall be provided as followat The Contractor shall provide on- the -job training to develop full jou.- neymen in the types of trades or job classification involved.. The goal for the number of trainees or apprentices to be trained under the requirements of this special provision will be 7 ... In the event the Contractor subcontracts a portion of the contract work, he shall deter=ine how many, if any, of the trainees or appran- tiCes are to be trained by t!%e subcontractor, provided however, that the Contractor shall retain the pri=art responsibility for aeetlag the training requirements imposed by this special provision. The Contractor shall also insure that this Training Special Provision is made applicable to such subcontract. Where feasible, 25 percent of trainees or apprentices in eats occupation shall be in their first year of apprenticeship or training. - ^�e Hurter of trainees or apprentices shall be distributed among the work classif "_cations on the basis of the Contractor's needs and the availability of'jou.- neymen in the various Classifications within a reasonable area of recui=ent. Prior to coraencinq work, the contractor shall submit to the Department for approval the number of .. trainees or apprentieas to be trained in each selected classification and traiai_aq program to be used. Further=ore, the Contractor shall aveci_y the starting time for training in each of the elassifiutions. The Contractor will be credited for each trainee or apprentice employed by him on. the contract work who is currently enrolled or becomes enrolled in an approved program and will be rei=bursed for such 'trainees or apprentices as provided hereinafter. " - :- - aiming and upgrading of minorities and women toward jour- neystea status is a prima. -y objec`!ve of this .--wining Spacial Provision. - Accordingly, the Contractor shall stake every effort to enroll niaority and women trainees or apprentices (e.g., by conducting systestatic and direct recruitment through public and private sources likely to yield ' minority and women trainees or apprentices) to the extant such parsons" are available vithin a reasonable area of rec:^aitaent. The Contractor will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a deteraiaatioa as to whether the Con- tractor is in capliance with this ^-aininq Special Provision. This. training commmiuent is not intended, and shall not be used, to dis- crainate against any applicant for training, whether a member of a minority group or not. No employee shall be employed as a trainee or apprentice in any classification in which he has successfully eoapleted a training course leading to journeyman status or in which he has been employed as a journeyman. The Contractor should satisfy Chia requirement by inc-luding appropriate questions in the employee application or by other suitable means. Ragardless of the method used the Coat--actor's records should doc=ent the findings in each case. :5e minimum length and type of training for each classification will be as established in the training program selected by the Contractor and approved by both the Department and the Federal Highway Administra- tion_ :he Department and the Federal Highway Adainiatration will approve a program if it is reasonably calculated to meet the equal employrent opportunity obligations of the Contractor and to qualify the average t ainae or apprentica for journeytu status in the classi_ication concerned by tL)e end of the raining period. Further- more, apprenticeship progra=s registered with tL.e U.S. Department of Labor, Bureau of Apprenticeship and Srai_zinq, or with tha S ute of Califor:tia, Depart —t of Lndustrial Ralatlons, Division of Appren- ticaship Standards recogni =cod by tie Suzoau and tr aiming programs re -I-( C] E 6 -z6 -78 approved but not necessarily sponsored by the D.S. Department of Labor, Hanpower Administration, Bureau of Apprenticeship and Train- ing shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obli- gations of Federal -aid highway constt^aclon contracts. Approval or acceptance of a training program shall be obtained f--c= the state prior to commencing work on the classification covered by the pro- gram. It is the intention of these provisions that training is to be provided in the const'vction crafts rather than clerk - typists or secretarial -type positions. T-alning is permissible in lower level management positions such as office engineers, estimators, tine - keepers, etc., where the t= aiming is oriented toward const_ruct'on applications. Training in the laborer class.i`ication may be permitted provided that significant and meaningful training is ' provided and approved by the division office. Some offsite train- _ ing is permissible as long as the mining is an integral par: of an approved train ring program and does not co -rise a significant part of the overall t= ainin(,. - rxcept as otherwise noted belw, the Contractor will be rei=bursad 80 cents per hour of trait' —g given an employee on this cont=act in accordance with an approved training program. As approved by the __ ' Engineer, rei. -buz cement will be made for training of persons In _ excess of the number specified herein. This reimbursement will be. made even though the Cont --attar receives additional training pro- _ gram funds from other sources, provided such other source does not specifically prohibit the Contractor from receiving ot'_er rei-bursr ment. Reimburseaant for offs-Its training indicated above nay only be :wade to the Contractor who=a he does one or more of the following and the trainees or apprentices are concurrently employed on a Federal -aid project; eont=ibutss to'the cost of the '.raining, pro— vides the instruction to the traLnee or apprentice or pays the trainee's or apprentice's wages during the offsite training period. No payment shall be made to the Cmnt =actor if either the failure to provide the required training, or the failure to hire the tr>_inea or apprentice as a jour- aeyman, is caused by the Contractor and evidences a lack of good faith on the part of the Contra = tor in meting the requi_^eaanta of this Training Special P--uvision. It . is ne_...ally expected that a t =ainee or apprentice will begin his t'= aininq on the project as soon as feasible after St' r of work c 1`_ =1ng the skill involved and re=sin on the project as long as training opportunities exist in his work classi_icat'_on or unt-11 he has Completed his -training prpg =am. It is not required that all trainees or apprentices be on board for the entire length of the cont =act. A Cnnt=acto= will have fulfilled his responsibilities under this ^aiaing SpeCial Prevision if he has provided acceptable raining to the number of trainees or apprentices specified. .be •number trained shall be detarmi.nod on the basis of the total number enrolled on the contract for a significant period. only trainees or apprentices registered in a program approved by ._ the State of California's State Administrator of Apprenticeship may be employed on the project and said trainees or apprent3c_s shall be paid the standard wage specified under the regulations of the craft or trade at which they are employed. T:'.e Contractor shall furnish the t =area or apprant;ce a copy of the program he will follow in providing the ttai.aing. The Contractor shall provide each trainee or apprentice with a ear ^.lficat'_on showing the type and length of training satisfactorily cocplotad. The Contractor will provide for the maintenance o; recnrds and fu^hish periodic reports documenting his perfor_.ance under this '^raining Special Provision. _ FJE: - IS 0 EXHIBIT "B" 0 CERTIFICATION OF ENGINEER !...Y!CI17eeCv •1 CNLC ✓L I HEREBY CERTIFY that I am the and duly authorized representative of the firm of is V17 , I nor the above firm I here represent has: V (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bonafide employee working solely for me or the above consultant) to solicit or secure this agreement; (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as here expressly stated (if any): I acknowledge that this certificate is State Department of Transportation in agreement involving participation of Federal is subject to applicable State and Federal civil. S -Zu- g/ Date to be furnished to the connection with this Aid highway funds, and laws, both criminal and z EXHIBIT "C" TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The prime Consultant, under penalty of perjury, certifies that, except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 year; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining Consultant responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is pa o the Pr sal. Signing this Proposal on t s' I a rtion thereof shall constitute si atur this Certification. , EXHIBIT "D" NEWPORT BOULEVARD WIDENING STATE CONTRACT NO. 12- 018791 CITY CONTRACT NO. 2642 COMPENSATION TO ENGINEER 1. CITY shall compensate ENGINEER for services listed at the following hourly rates: FEE Classification of Personnel Engineering Geologist $82.00 Soil Field Technician ** $49.00 Asphalt Field Technician * ** $49.00 * Include portal to portal travel time & vehicle costs ** To perform soil compaction testing (includes $5.00 /hr. equipment charge). * ** To perform AC compaction testing (includes $5.00 /hr. equipment charge). All field technician time is billed at a minimum of 4 hours per trip. Material Testing: Soils: Maximum dry density determination R -Value Sand Equivalent Aggregate Base: Asphalt Base: Concrete: Sieve Analysis Sand Equivalent R -Value Sieve Analysis Surface Abrasion (Calif. Test 360, Method A) Compression testing (Included pick -up of cylinders)* $100.00 $165.00 $ 50.00 $ 50.00 $ 50.00 $165.00 $ 50.00 $375.00 $ 25.00 * City personnel will take the samples, testing lab is to supply the cylinders