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HomeMy WebLinkAboutC-2687 - Rocky Point Retaining Wall-IPF, (,1 `=E IE: __LiTHER1i CH. BUILDERS =�a t4i�R � aOVoaF etic RELEASE OF STOP NOTICE CEIVED PUBLIC WORKS =t` NEWPORT BEACH, CALIF TO: Cit of. Le rt Bea Construction len er or party with whom atop notice was f1 e 3300 Newport Blvd., Ne rt Beach , CA 926S9 Address You are hereby notified that the undersigned claimant releases that certain Stop Notice Dated December 23,'92, in the amount $ 16,791.2s , against City of Newport Beach as owner or public body and Southern California Builders as prime contractor in connection with the work of improvement known as Rocky point Retd1pino Wall in the City of Newport 'Beach County of Orange , State of California. Dated March 1, 19 _93 P.2 C S•5. Ll � o S u o ❑ C-) 77 Name of Claimant Willis Construction Co., Inc. Ao all pw , by �� signatitrs'� � O flC CapaC ty VERIFICATION I, the undersigned, state: I am the i'Li.c ,,; the claimant named in the foregoing Release; I have read Said FAIeab— a Of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March It 19 at- �•;-,� JStuz¢� State of California. (Signature o Claitnntt or Authorized Agent) This release is conditioned upon the City of Newport Beach issuing a JOINT CHECK in the amount of $13,300.00 to Willis Construction Co., Inc. and South- ern California Builders in payment of the work described in the Stop Notice referenced above . Steven C. Hazlett -Owner S. .B. 'l 1c 17 - .__.. .. ....... _. L / Willis Construction Co. V A i,; �. �j ►� t� 7f 7�11s 1� M. FORM 107 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) CITY CLERK TO: CITY OF NEWPORT BEACH (Name of owner, public body or construction fund holder) 3300 NEWPORT BLVD. (Address If directed to a bank or savings and loan assn., use address of branch holding fund) NEWPORT BEACH CA 92659 (City, state and zip) TAKENOTICETHAT WILLIS CONSTRUCTION PROJECT: ROCKY POINT RETAINING WALL 1800 BLOCK TO 2000 BLOCK, PACIFIC COAST HWY. (Address) NEWPORT BEACH, CA 92659 (City, state and zip) conbactors must use ao Mme whoseaddressis LL01 WIN JUAN 1twY. bAN JUAN fiAU 11 b1H. UH 22U4D (Address of person or firm chiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: ROCKY POINT RETAINING WALL 1800 to 2000 BLOCK. PACIFIC COAST HWY. NEWPORT BEACH. CA _92652 (Name and location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: PRECAST PANELS, PANEL ERECTION AND BRACING (General description M work and materials furnished) The labor and materials were furnished to or for the following party: SOUTHERN CALIFORNIA BUILDERS (Name of party *no ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is ... ......... .....: :.:............................ $ 117 n1,9_0!- The value of the labor and materials furnished to date is ............. __......... ..................r,,......... 1Jc11 $ 11], 049.04 Claimant has been paid the sum of: .... ........................................................ ................ L .................... $110,257.79 and there is due, owing, and unpaid the sum ot ........................... ............................... ....................... $ 16,791.25 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction f rids for this project which are in your hands. FIRM NAME WILLIS CONSTRUCTION CO., INC. By (l�AJ oklt_.CIiiDL1l� (Name of stop notice claimant — see inatmcdcas for details) (Owner or agen of stop notice claimant must sign here and vanity below) VERIFICATION 1, the undersigned, say: I am the CONTRACT ADMINISTRATOR OF the claimant named in the ('President of; "Manager of," "A partner of; 'Owner of," etc.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on DECEMBER 23_1992 atSAN JUAN BAUTISTA California. (Date this document was signed) (Name ty where stop notice signy�, 12 (personal signature of the individual who is swearing then the contents of the Stop Notice are true) REQUEST FOR NOTICE OF ELECTION M v M (PRIVATE WORKS ONLY) Bid .Din (Per California Civil Code Section 3159, 3161 or 3162) ue �F an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in ?B jfrdance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the 3 jfl� sad preaddressed stamped envelgpp. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. P01 Cw ✓591 e /Ct(Claimant must enclose self addressed stamped envelope) SEE REVERSE SIDE FOR COMPLETE INSTRUCTIONS M,. FORM 107 —01991 0 0 x. tBgcc jam to j,,- TO ABLIC WORK STOP N LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS R AND 10,E, - REQUEST FOR NOTICE OF FILING OF NOTICE OF gg6 T ACCEPTANCE, COMPLETION OR CESSATION City of Newport Beach CIVIL CODE §3185 Attn: Public Works -Maria Scott 3300 Newport Blvd Newport Beach, CA 92660 PROJECT: "Retaining Walls" 1800 W. Pacific Coast Hwy Newport Beach, CA Contract# 2687 TAKE NOTICE THAT Western Crane Rentals, Inc. whose address is 3502 -H Whittier Blvd #380 Whittier, CA 90605 has performed labor and furnished materials for a work of improvement described as follows: "Retaining Walls" 1800 W. Pacific Coast Hwy Newport Beach, CA Contract# 2687 The labor and materials furnished by claimant are of the following general kind: Crane Rental with Operator The labor and materials were furnished to or for the following party: Southern California Builders 26131 Marguerite #B Mission Viejo, CA 92692 The value of the whole amount of labor and materials agreed to be furnished is $ 9,194.50 The value of the labor and materials furnished to date is $ 9,194.50 Claimant has been paid the sum of $ , and there is due, owing and unpaid the sum of $ 9,194.50 together with interest at the rate of Ten %, per annum from July 18, 1992 You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice to Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is th $2.00 f1ee'yas required by Civil Code §3185. A&G 1 ., o.. V 'go, • Ir FIRWN)NIVIl I W st r r 01'11 VERIFICATION -„file,. 1, the- uaersigned, say: I am the President of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know th contents thereof; the same is true of my own knowledge. n 1 I declare under penalty of perjury tf Executed on August 17, 1992 1988, CONSTRUCTION NOTICE SERVICES, INC., SAN ingYS krue #no correct. rnia. 4 CIVIL CODE §3185 NOTICE BY PUBLIC ENTITY OF EXPIRATION OF PERIOD SERVICE OF NOTICE WHEN NOTICE NOT REQUIRED. No later than 10 days after the filing of a notice of completion or after the cessation of labor has been deemed a completion of the public work or after the acceptance of completion, whichever is later, the public entity shall give notice of the expiration of such period to each stop notice claimant by personal service, or registered orcertified mail. When service is by registered or certified mail, service is complete at the time of the deposit of the registered or certified mail in a United States post office, addressed to the claimant atthe address shown upon his stop notice claim. No such notice need be given unless the claimant shall have paid to the public entity the sum of two dollars ($2) at the time of filing his stop notice. CIVIL CODE §3186 DUTY OF PUBLIC ENTITY ON RECEIPT OF STOP NOTICE: WITHHOLDING OF MONEY OR BONDS FROM ORIGINAL CONTRACTOR: PROVISIONS FOR COSTS OF LITIGATION. Itshall be the duty of the public entity, upon receipt of a stop notice pursuant to this chapter, to withhold from the original contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder. 6 0 January 11, 1993 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ACCEPTANCE OF ROCKY POINT RETAINING WALL (C -2687) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the Rocky Point Retaining Wall and miscellaneous drainage improvements on West Coast Highway has been completed to the satisfaction of the Public Works Department. The bid price was $475,000.00 Amount of unit price items constructed 447,117.00 Amount of change orders 62,253.84 Total contract cost $509,370.84 The decrease in the amount of the unit price items constructed was due to a lesser quantity of slurry backfill being required and the deletion of 4 of the rock anchors as noted below under Change Order No. 3. Eight Change Orders were issued. The first, at no cost, provided for a change in the method of re- routing the existing sewer main. The second, in the amount of $8,227.00 provided for construction of an on -site drain inlet at 2500 West Coast Highway. The third, in the amount of $26,611.49, provided for the installation of cantilevered pile anchors in lieu of rock • anchors near the westerly end of the Rocky Point Wall in an area of running sand. The fourth, in the amount of $1,509.95, provided for the revision of the wall footings to accommodate the planting. The fifth, in the amount of $4,848.00, provided for re- constructing certain of the temporary wall support piers, cast in the wrong location due to a surveying error. The sixth, in the amount of $12,225.00, provided for the construction of block wall closures at each end of the main pre -cast wall. The seventh, in the amount of $5,735.62, provided for the replacement 0 Subject: Acceptance of Rocky Point Retaining Wall (C -2687) January 11, 1993 Page 2 of the walkway to the architect's office; the re- connection of an existing drain; and the removal and replacement of additional pavement at the easterly end of the project. The eighth, in the amount of $3,096.78, provided for a modification to the irrigation service to accommodate installation of the back -flow device; removal of six of the proposed flood lights; and re- wiring of the remaining four and added strength concrete in the wall footing. Funds for the project were budgeted in the General Fund, Account Nos. 02- 3391 -015, 02- 3491 -053, 02- 3397 -183 and 459, and 02- 7797 -470. The contractor is Southern California Builders of Mission Viejo, CA. The start of the Rocky Point Wall construction was delayed first, until after the year end holidays and later, for over a month due to inclement weather or the threat of same. Completion was further delayed due to the time taken to redesign the wall anchors at the westerly end and by the incorrectly placed temporary wall supports. The work was substantially completed by September 20, 1992 with final cleanup completed by October 10, 1992. , J" V V � �� 12),)Z4 Benjamin B. Nolan Public Works Director PD: so is L J RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk %fin / ' City of New brt Beach 3300 Newport Boulevard Newport Beach, CA 92663 93- 04503' RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA PM5 JAN 2 1 ?993 2.y3,,,,,,/,Recorder ; Titles $ f� @$ Add. $ Pg @$ Lien Nt $ @$ Other $ Tool Rae. Fees - D.T.T. City Council. PCOR said SMF Owner, RDE -t "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and CA 92692 Southern California Builders, 26131 Marguerite Parkway, B, Mission Viejo, as Contractor, entered into a Contract on October 14, 1991 Said Contract set forth certain improvements, as follows: Rocky Point Retaining Wall (C -2687) - located in the City of Newport Beach, County of Orange k. BY u i or s irec or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of-my knowledge. Executed on at Newport Beach, Californn)ia. Work on said Contract was completed on September 20, 1992 and was found to be acceptable on January 11, 1993 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of the West, 1111 E. Katella Ave., Ste. 250, Orange, CA 92665 BY u i or s irec or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of-my knowledge. Executed on at Newport Beach, Californn)ia. �9 BY i° ;.;L i�LC i� City-Clerk <� r d CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK EO. BOX 1768, NEWPORT BEACH, CA 92659 -1768 February 8, 1993 (714) 644 -3005 Southern California Builders 26131 Marguerite Parkway, B Mission Viejo, CA 92692 Subject: Surety: Insurance Company of the West Bond No. 1192666 Contract No.: C -2687 Project: Rocky Point Retaining Wall The City Council of Newport Beach on January 11, 1993 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 January 21, 1993, Reference No. 93- 045032. Sincerely, ld""I' e A� Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Gl�17 TO: FINANCE DIRECTOR la—'-30— !/ FROM: CITY CLERK DATE: October 30, 1991 SUBJECT: Contract No. C -2687 Description of Contract Rocky Point Retaining Wall Effective date of Contract October Authorized by Minute Action, approved on October 14, 1991 Contract with Southern California Builders Address 26131 Marguerite Parkway, B Mission Viejo. CA Amount of Contract $475,000.00 LL/GZ!% ��q A�le Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • TO: City Council FROM: Public Works Department SUBJECT: ROCKY POINT RETAINING WALL (C -2687) RECOMMENDATIONS: October 14, 1991 CITY COUNCIL AGENDA ITEM NO. F-3(a) BY THE CRY COUNCIL OF NEWPORT BEACH APPROVED Y11T 1. Find that Southern California Builders' bid is responsive, and accept their bid. 2. Award Contract No. 2687 to Southern California Builders for a total bid price of $475,000, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on October 3, 1991, the City Clerk opened and read the following bids for this contract: * Corrected bid price is $507,912.70 ** " to " " $507,165.50 The 2nd low bidder, Wakeham- Baker, Inc., has written a protest (copy attached) to the apparent low bid of Southern California Builders (SCB). Wakeham- Baker's protest is as follows: 1) SCB's precast panel supplier, Willis Construction Company, is not a qualified manufacturer since Willis does not have at least 15 years experience in precast concrete work as required by Section XV of the Special Provisions for this project. Bidder Total Bid Price Low Southern California Builders $475,000.00 2 CBR Eng. Contractor 488,855.02* 3 Wakeham- Baker, Inc. 498,498.00 4 Park Rose Construction, Inc. 507,166.00 ** 5 Gillespie Construction, Inc. 517,840.00 6 Peterson -Chase General Engineering Construction, Inc. 552,195.00 7 Hauschild Construction, Inc. 617,650.00 8 Clarke Contracting Corporation 642,850.00 * Corrected bid price is $507,912.70 ** " to " " $507,165.50 The 2nd low bidder, Wakeham- Baker, Inc., has written a protest (copy attached) to the apparent low bid of Southern California Builders (SCB). Wakeham- Baker's protest is as follows: 1) SCB's precast panel supplier, Willis Construction Company, is not a qualified manufacturer since Willis does not have at least 15 years experience in precast concrete work as required by Section XV of the Special Provisions for this project. Subject: Rocky Point Retaining Wall (C -2687) October 14, 1991 Page 2 Staff Findings: Willis has been manufacturing precast products for only 12 years. However, accepting SCB's bid would not violate State competitive bidding statutes, since SCB is prepared to purchase panels from another precasting company, if necessary, at no change in contract price to the City if we find that Willis is an unacceptable supplier. 2) SCB appears to have subcontracted more than 50% of their total bid price, which is a violation of Section 2 -3 of the Standard Specifications for Public Works Construction. Staff Findings: SCB anticipates performing project management, construction supervision, excavation, forming, traffic control, precast panel placement, drain and backf ill work, etc., on the project, which totals more than 50% of their bid amount if the cost of the precast panels • is deducted from their total bid price. The Standard Specifications allow "Specialty Items" as designated in the contract to be deducted from the total bid price before computing the amount of .work required to be performed by the Contractor with his own forces. Although the precast panels were not designated in the City's contract documents, staff feels that they are certainly "Specialty Items" in every sense, and as such, SCB may be performing the required amount of work with its own forces. 3) The subcontractor "Drillco", with a "LB" address designated in SCB's bid documents, is not to be found in the City of Long Beach. Staff Findings: DrillcoIs office is in fact located within the City of Laguna Beach. The low total bid price is 1% below the Engineer's Estimate of $480,000. The low bidder, Southern California Builders, is a well - qualified General Engineering contractor who has successfully completed previous contract work for the City. • Contract No. 2687 provides for constructing a retaining wall along the north side of Pacific Coast Highway and other miscellaneous items along the highway in the vicinity of the wall, as detailed on Subject: Rocky Point Retaining Wall (C -2687) October 14, 1991 Page 3 • the attached staff report of September 9, 1991. Staff proposes that funds for award be encumbered from the following accounts: Account No. Description Amount 02- 3391 -015 Street Improvement Program $ 13,471.32 02- 3491 -053 Storm Drain Improvement Program 31,000.00 02- 3397 -183 Sidewalk, Curb & Gutter Replac. 20,688.68 02- 3397 -459 Curb Access Ramps Const. Prog. 15,000.00 02- 7797 -470 Rocky Point Retaining Wall 304.840.00 $475,000.00 419 c / �d )1v-4 Benjamin B. Nolan • Public Works Director LD:so Attachment • • • • WAA 0 YAW f-BAKER h W General Engineering Contractor C7141 556-08e0 • Lic. no. 402529 Public Works Departm't-nt 3'00 Newport. Blvd. Newport Beach, Ca. 82659 A + 1 , I ad D Ref. Pocky Point Ret-�ininlg Wall Ge ri t I e ffj t!'[ , Wak�hnm--Baker, hereby app.-.-'re-Tit 1c:3w idd i '133bmi tt_,d 1-v L I pre tht . atl-.,ove ijcumi-fO r f TI U3, Se-c�' Xv"') --.Itat'� that t}!'- e--2 f�,- x Sh '=� i'll1d 1'3V f F?e: a 1, - p„ r ' preca-tir'�7 tubc-untnact,tr named '.-tv 'b-, J7F. 4 nc't appF""ir to meet 1-1, e - .i. f1 f- n t '3' t t '-A �-�h w av and br,' d.ae proi tl I1 orr", -.i+ lea':�t <'F J�- k�' i-': IN � 0.1 - .= .11 e '-1 o T-1 b r h'e s we It also appeal the't ic. n' oc-ntn:v-to• named Co,'' in `Jtv �.-f Lxin.r- B 1. .1. 'i t, - - . e.r' :1 P,a - ed on the,-,e f , Wakeham-R-il— r I n�c . ve:= 5,1.I 1 1v rr•qur+st-�� that the sipparent I,jw bi(i Df '�cjuthern '.-31.11 I d e r 1.e c C) I I i. i d e rad I7, 12 iv' a-1d I lint, t h'- awarde'l to the, ne'xt 007- ,4rv:, J'A' Wil'eham' Frl-11.1 W 1) -:� m F;Fi "I 'g I. , T n 11225 Slater Ave. Fountain Valley, Ca. 92708 • • • TO: City Council FROM: Public Works Department SUBJECT: ROCKY POINT RETAINING WALL (C -2687) RECOMMENDATIONS: September 9, 1991 CITY COUNCIL AGENDA ITEM NO. F -11 1. Affirm the Negative Declaration of Environmental Impact and the Categorical Exemptions of Environmental Impact. 2. Approve the plans and specifications. 3. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on October 3, 1991. 4. Authorize the Mayor and City Clerk to execute an Easement Agreement between the City and William and Beverly Ray which provides for an easement to • construct the retaining wall and anchor system. 5. Authorize the Mayor and City Clerk to execute a Supplemental Agreement with Tom Van Sant to provide for compensation to complete the retaining wall intaglios. DISCUSSION: The current budget contains 2 appropriations carried over from FY 91 -92 for improvements along the north side of the 1900 block of Pacific Coast Highway (PCH) at "Rocky Point ". The first appropriation of $400,000 provides for the construction of approximately 300 linear feet of curb, gutter, sidewalk and retaining wall. The sidewalk will be 6 feet wide, and will fill -in one of the last remaining sidewalk gaps along the north side of PCH within the City. The retaining wall will be built approximately 6k feet behind the sidewalk and will range from 6 feet to 16 feet in height. The wall will be located • mostly within a 10 foot -wide strip of private property, as shown on the attached Exhibit "A ", which has been reserved by license agreement for construction of a retaining wall. The location of the wall will allow for a future 6 foot widening along the northerly side of PCH, if desired,as shown on the attached Exhibit "B ". is 0 Subject: Rocky Point Retaining Wall (C -2687) August 26, 1991 Page 2 The second appropriation of $100,000 provides for artistic services and aesthetic treatment for the front face of the wall. Sculptor Tom Van Sant, has performed such services for the Newport Center Branch of Bank of America, the Pacific Coast Highway /Avocado Branch of Bank of Newport, the City of Inglewood Civic Center, the Mission Viejo Presbyterian Church and others. In addition to the artistic services already provided, Mr. Van Sant will carve the sculptures and assist with the wall panels throughout construction to assure that the aesthetic treatment is acceptable. A supplemental agreement for the Artist is discussed at the end of the memo. A lighting system to illuminate the sculptured wall panels at night is included in the contract work. Upon completion of contract work, landscape materials and an irrigation system will be installed above and in front of the new wall by City forces. In addition to the wall and street paveout construction • mentioned above, the following construction items, which will be built nearby the retaining wall, will be included as a portion of Contract No. 2687: 1. Storm drain inlet in to 2400 block PCH (Cuse parcel) - Storm drain pipes were installed across PCH approximately 5 years ago in anticipation of the construction of an upstream storm drain. The upstream construction has been delayed due to the City's inability to conduct reasonable negotiations with the owner (Susan Cuse) of the upstream parcel through which the storm drain was to be built. Staff desires to construct only the PCH inlet portion of the upstream storm drain. The inlet will intercept surface drainage from the upstream parcel and from the northerly gutter of PCH, and will be built entirely within State right -of -way. A City water main will have to be lowered to clear • the proposed inlet. The estimate for this construction is $35,000. 2. Sidewalk in 2000 block PCH (Ardell parcel) - At present there is no sidewalk across the Ardell frontage. The owners have agreed to reimburse the City as much as $1,452 to construct the estimated 380 square feet of sidewalk. The estimate for this construction is $1,500. Subject: Rocky Point Retaining Wall (C -2687) August 26, 1991 Page 3 • 3. Sidewalk in 1800 block PCH (Beverly's Antiques parcel) - At present there is no sidewalk across a portion of the frontage. The owners and City staff have agreed to include the estimated 285 square feet of sidewalk construction into the overall agreement for the City's permission to construct retaining wall tieback anchors within the owner's parcel, but outside of the 10 -foot wide retaining wall area. The estimate for this sidewalk construction is $1,150. 4. Curb access ramps in 1601 PCH block (Balboa Bay Club parcel) - At present there are no curb access ramps adjacent to the seldom used westerly vehicular access to the Bay Club. The ramps were requested by a resident approximately 6 months ago. The ramp construction will eliminate the last wheel obstacle along the southerly PCH sidewalk between Newport Boulevard and Corona del Mar. The estimate for this construction is • $8,000. A Negative Declaration and 3 Categorical Exemptions of Environmental Impact have been prepared by staff and approved by the Environmental Affairs Committee. Upon affirmation, the Exemptions and the Declaration will be filed with the County Clerk. Staff has also obtained a Coastal Development Permit for the wall from the California Coastal Commission and 3 Encroachment Permits from Caltrans. Under the terms of the Encroachment Permits, work which requires lane closures must be completed prior to next summer. Staff anticipates that all work may be accomplished by eliminating the median area and shifting traffic lanes to the southerly side of PCH in the vicinity of the wall construction. Westbound left turn movements into the Sea Scout Base, the Orange Coast College Crew and Sailing Base, and Bayport Yacht Sales will most likely be eliminated for the duration of the lane shift. • Plans, specifications and geological testing for the project were initiated during February of 1989 by California Civil, Inc. and Converse Consultants Orange County. The consultants' work was reassigned to William M. Simpson & Associates this spring when California Civil requested to be Subject: Rocky Point Retaining Wall (C -2687) August 26, 1991 Page 4 • relieved from redesign. Simpson's estimate for the wall is $397,000, plus mobilization and traffic control costs. However, because of the unusual nature of the project, bids may be tendered which are substantially higher. In addition, curb, gutter and drive apron reconstruction at the ends of the wall to effect acceptable drainage is estimated at $7,750. Together with the 4 nearby items of work described earlier, the total estimated contract amount is $480,000. Adequate funds to award a contract of this amount are contained in the retaining wall construction account, the Storm Drain Improvement Program account, the E1 Modina Storm Drain Inlet account, the Curb and Gutter Replacement Program account, and the Water Main Replacement Program account. All work at the wall site should be completed within 75 consecutive calendar days, but no later than April 10, 1992. The retaining wall is being constructed in a 10 -foot wide area that was originally granted to the City in the early • 70's through a license agreement. During the design of the wall, it was found that it was impractical and too expensive to provide a wall foundation and footing that could be confined to the 10- foot license area. The wall has been redesigned and will be supported by a tie -back anchor system. The tie -back anchors will be spaced at 11 foot intervals and go 30 to 50 feet into the slope. The current owners of the property are William and Beverly Ray. An Easement Agreement has been negotiated with the Rays and the major provisions include: 1. The Rays will grant the City a 10 foot easement for the wall construction, a subsurface easement for the tie -back anchor system, and a construction easement for the project. 2. The City will complete the curb, gutter, sidewalk and street paveout improvements that would normally be the responsibility of the adjoining property owners. The City also agrees that the • buildable area of the property will not be affected by this project; and also agrees that the City will not impose conditions on the property based on this Grant of Easement or the improvements constructed. 3. The agreement also includes clauses on maintenance, landscaping, indemnity and maintenance access. Subject: Rocky Point Retaining Wall (C -2687) August 26, 1991 Page 5 • In January 1991 the City and the Artist, Tom Van Sant, entered into an agreement for the Artist to create an aesthetic treatment for the face of the Rocky Point retaining wall. At the June 10, 1991, Study Session, a verbal presentation was made for the design that was recommended by the staff and the Mariners Mile Businessmen's Association. The attached Exhibit "C" shows the wall with the flying pelican intaglios that was presented. The large rendering will be on view in the City Council Chambers. At the Study Session, the Council reviewed the concept and indicated that the staff should proceed with the presented design. The Artist Agreement provided for the fee for the design phase, and required a supplemental agreement for the implementation Phase II (carving the sculptures) and the construction Phase III. The agreement has the stipulation that the total fee cannot exceed $100,000. The supplemental agreement provides for a fee of $33,333 for Phase II and $33,334 for Phase III. The Artist has • been paid $33,333 for the Phase I design. His total fee will be $100,000. The funds for this agreement have been appropriated and are availabe from the General Fund. The supplemental agreement needs to be approved at this time to allow the Artist to proceed with his work to make sure the intaglio sculptures will be ready when the contractor is ready to construct the wall panels. / Benjamin B. Nolan Public Works Director LD:so Attachments • L IIWGS VVV D NEWPORT BEACH INPOPIATION SYSTEK PUBLIC WORKS DEPARTMENT sue / su op E N NT c CIO pS "E 3j9. gg, EASE •gq,U A , oAER� Sg /s ,' C 39 s QAS� z Tlu 1210 'i 66 RRTA � pER o Viyc i 64 a 10 ZZ • R y, x klGFjk,'' zrOer A y SF NEW RETAINING WALL EASEMENT AREA ROCKY POINT RETAINING WALL LICENSE EXHIBIT "A" 0 • 3 K O 2 y 2 3 N Q 2 y� �a Q U N w -T II Lt I I I I I I b_ iu Z I I a 1 I I N Q Z _ aZ N ujQ y O v O O a w In CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ROCKY POINT RETAINING WALL SECTIONS .7. a M tu J a v —� ROCKY POINT MLY R/W DRAWN MAxx DATE 2/7/90 APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING N0. EXHIBIT "B" 1 4 • K-] • I it ej ip x 0 O EXHIBIT "C" CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3360 Newport Boulevard, P. 0. Box 1768, Newport Beach, CF1 92659 -1768 a ti h —icTi a_,ip__an the had _day of , 19919 or at whic —time suc bids shad be opens an read for Rocky Point Retaining Wall Title of Project Contract No. gaao_nnn_nn Enginee'r's Estimate ,\k ZIF Approved by the City Council this 26thday of August 1991 Wanda E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92659 -1768. For further information, call ilnyd naltnn at 644 -3311. Project Manager •PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL ROCKY POINT RETAINING WALL CONTRACT NO. 2687 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2687 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and traffic control in 1800 to 2000 block W. Pacific Coast Highway @ Two Thousand Dollars and 00 /100 Cents $ 2,000.00 Per Lump Sum 2. Lump Sum Mobilization and traffic control in block 2500 W. Pacific Coast Highway @ Two Thousand Dollars and 00 /100 Cents $ 2,000.00 Per Lump Sum 3. Lump Sum Mobilization and traffic control in 1600 block W. Pacific Coast Highway @ Ten Thousand Dollars and 00 /100 Cents $10,000.00 Per Lump Sum • • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 550 Lineal Ft. 5. 2350 Sq. Ft. 6. 950 Sq. Ft. 7. 350 Tons Construct curb and gutter @. Fifteen. Dollars and 00 /100 Cents $ 15;00 $ 8,250.00 Per Lineal Foot Construct sidewalk @ Four Dollars and 00 /100 Cents $ 4.00 $ 9,400.00 Per Square Foot Construct driveway approach @ Four Dollars and 00 /100 Cents $ 4.00 $ 3,800.00 Per Square Foot Construct aggregate base @ Twenty Dollars and 00 /100 Cents $ 20.00 $ 7,000.00 Per Ton 8. 150 Construct asphalt concrete Tons pavement @ Fifty -five Dollars and 00 /100 Cents $ 55.00 $ 8,250.00 Per Ton 9. Lump Sum Construct 2" water service @ Three Thousand Three Dollars 00% Hundred nd and $ C 3,300.00 Per Lump Sum 0 0 PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Modify ex. 8" sewer @ Five Thousand Dollars and 00 /100 Cents $ 5,000.00 Per Lump Sum 11. Lump Sum Modify ex. stairway @ Ten Thousand Dollars 00 /100 and Cents $10,000.00 Per Lump Sum 12. Lump Sum Construct lighting system @ Fifteen Thousand Dollars 00 /100 Cents $ 15,000.00 Per Lump Sum 13. Lump Sum Construct retaining wall 14. 20 Each 15. 600 Cubic Yds. @ Two Hundred Twenty Dollars 00 /100 Thousand and Cents $220,000.00 Per Lump Sum Construct Rock Anchor @ Four Thousand Five Dollars Hundred and 00 /100 Cents $ 4,500.00 $ 90,000.00 Per Each Construct CLSM backfill @ Sixty Dollars 00/100 and Cents $ 60.00 $ 36,000.00 Per Cubic Yard • • PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 360 Construct earth backfill Cubic Yds. @ Thirty Dollars and Cents ents $ 30.00 $ 10,$00.00 Per Cubic Yard 17. Lump Sum Reconstruct top slab of Junction Structure @ Four Thousand Dollars and 00 /100 Cents $ 4.000.00 Per Lump Sum 18. Lump Sum Variable Height CMU Walls in 1600 block W. Pacific Coast Highway @ Three Thousand Dollars and 00 /100 Cents $ 3.000.00 Per Lump Sum 19. Lump Sum Construct storm drain inlet and replace PCC removals in 2400 block W. Pacific Coast Highway @ Fifteen Thousand Dollars and 00 /100 Cents $ 15,000.00 Per Lump Sum 20. Lump Sum Relocate 6" water main to clear storm drain inlet in 2400 block W. Pacific Coast Highway @ Nine Thousand Dollars and 00 /100 Cents $ 9,000.00 Per Lump Sum 21. Lump Sum Install 1" ARV in 2400 block W. Pacific Coast Highway @ Three Thousand Two Dollars Hundred and 00 /100 Cents $ 3,200.00 Per Lump Sum • • PR 1.5 Four Hundred Seventy Five Thousand Dollars 100 and Cents $475,000.00 TOTAL BID PRICE (FIGURES) Southern California Builders 474364 063092 Bidder State Contractor's License No. & Expiration Date ** 10/03/91 Authorized Signature /Title Date Steven C. Hazlett 26131 Marguerite Parkway, B, Mission Viejo (714) 348 -1001 Bidder's Address Bidder's Telephone 0 0 Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 Page 2A In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 474364 A,B Contractor's License No. & Classification Southern California Builders Bidder 10/03/91 Date 5/91 Authorized Signature /Title Steven C. Hazlett, Owner 0 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address I . Precast Panel Willis San Juan 2. Rock Anchors Drillco L•.',B. 3. Reinforcing Steel Wheeler Aliso Viejo 4. Waterproofing Saddleback Costa Mesa 5. Electric A & W M. V. 6. Mechanical Montano Dana Point 7. Asphalt Sandoval Paramount 8. Concrete Markel S.A. 9. 10. 11. 12. SQj�thern California Builders Bidder Authorized Signature /Title Steven C. Hazlett, Owner 5/9) i Page 4 BOND# 1134833 BIDDER'S �D PREMIUM -NIL KNOW ALL MEN BY THESE PRESENTS, SOUTHERN. CALIFORNIA BUILDERS we,;:: _. as bidder; and surety, are sl :and f xM y bound unto the'C y.,o @wport Beach;:' calif ornia, in the sum of he Un St Dollars ($ ),lawful money of t ted ates for a payment I1 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 ROCKY POINT RETAINING WALL C -2687 NEWPORT BEACH (Title of Project and contract No.) n the c ty Of Newport Busch, In accepted by the. City Council of said City, and if the above bounden biddsr' Maill duly enter into and .executs a contract for such 'construction and ihall execute and deliver. to.said'City the'....: "Payment" and "Faithful Performance" contract bonds'desciibmd in the specifications within tan (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 ouch bidder shall not exonerate the surety from its obligation under this bond. xN WITNESS WHEREOF, we hereunto set our hands and seals this 30TH day of SEPTEMBER , 1991, SOUTHERN CALIFORNIA BUILDERS. INSURANCE COMPANY OF THE WEST BY: G WiWr Attach ACX=W edgment Autho,gnature /T tle of Attorney -In -Fact) Notary Pu 1 c Commission Expires: 3/91 SURETY DIANA LASKOWSKI By: ATTORNEY -IN -FACT $ § « � a) � �4 \ \� \ '« ))3 1 ]t$ - ([ /a=ƒ fpm] )a )° ] ° ]) j « \/\ �H)) /� 2 \#` -10) �93 (a*f\ § /] ()]B ) / ne § }» \1 a=! § b' § § rL. -i4 U tz -0 r :3 o 7i CZ r4 \ E -0-0 21 >1 P-4 CO m Cl) W /6 \e \) ±) a\ }\\ Q4 a4 z c uo Co DoE --Z�:� E-5 0 U*.' P8 z z 0) INSUR CE COMPANY OF T E WEST OFFICE: SAN DIEGO, CALIFOR Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: '.David L. Culbertson, Charles..L. Flake, Diana Laskowski, Deborah A. Hill; Karen Chandler its true and lgwful Attorney(s)- in -Faot, with full power and authority. hereby .conferred - in its "name,-' place and. stead., to .execute, .seal, acknowledge. and deliver.' any and all bonds, undertakings, recognizances or other written obligations in 'the nature thereof. - This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company May. - require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as: if signed by the President and sealed. and - •. attested by the Secretary." .. IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this 17th day of February, 1989. INSURANCE COMPANY OF THE WEST a STATE OF CALIFORNIA SS_ COUNTY OF SAN DIEGO On this 17th day of February, 1989 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual -and officer described in and who executed the preceding instrument,' and he acknowledged the execution of the same, and being by me duly sworn, deposeth and Saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, g�l�,�p4nftv,�,�written. Of FICIAL SEAL ' JANIS E. THEODORE -�•.:: ��r�l }. NOTARY PUBLIC. CALIFOdMIA � PRINCIPAL OFFICE IN d \.•.s SAN DIEGO COUNTY Notar u rr;W MT COMMISP A E,D, June 1. 1990 STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto Corporate Seal of the Corporation, this n��IIPA ICW CAL 37(REV. 5/87) subscribed my name as Secretary, and affixed the 30TH day of SEPTEMBER 19 91 - L10" r I Page 5 NON - COLLUSION AFFIDAVIT State of California ) ss." County.ofC kC"✓�4E ) 442-n2Gc W . , being first.duly sworn, deposes and says that he or she inn e of�hS{p, Chit, the party making the foregoing bid; that the bid is not made In the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has .not. in any manner, directly or indirectly, south by 'agreement, communication; or conference with anyone to fix the bid' price of the' bidder :or. any .other bidder; or to fix any -overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true aa"nd correct. � t Bidder 161,E O� u e n Subscribed and sworn to before me this day of_(DC{Z)�� , 195�1. [SEAL] Ate //,I , c Notary Public J My Commission Expires: 5/97 m t k § k f § � / {p} §3X� k * \ u a) 't 3)g� ))4J 0 o41 4m 9) 0) /0 r 4 ` w eje)] f l 8 � {a§2m/ /§�\ /\o §a 41ul (kj) �m f § � / {p} 0 F Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number 1991 Irvine Unified School Distrirt Ilovd I_intnn _(714) FF,4-n44a 1991 University California Irvine Manjeet Randrawa (714) 856 -7656 Southern California Builders Bidder 5/91 Authorized Signature /Title Steven C. Hazlett, Owner . , • • September 26, 1991 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ROCKY POINT RETAINING WALL CONTRACT NO. 2687 ADDENDUM BIDDERS shall propose to complete Contract No. 2687 in accordance with the Plans, Proposal, Contract Documents and Special Provisions as modified by this Addendum: 1. SPECIAL PROVISIONS SP 18 of 18: Section XVI. Electrical SERVICE AND LIGHTING SYSTEMS Add: Light fixtures shall be Versaflood II Signlighter #V2FN07SOH2SN4 GRL by GE Lighting Systems. Each fixture shall include a PECOTL photoelectric control. 2. SPECIAL PROVISIONS SP 11 of 18: Section VX. C. Precast Portland Cement Concrete: Add to Note 6: Dye shall be Chromix C -11 "Desert Sand" applied at a rate not less than 1 unit per cubic yard of precast concrete. 3. PLANS Sheet 2 of 81 "Precast Concrete Panels ": Add Note 14: A sacrificial anti - graffiti coating system shall be applied upon exposed vertical faces of precast panels. Said coating system shall consist of a graffiti -block stain base under a water based, flat acrylic resin, which serves as a shield against penetrating materials and is resistant to ultraviolet and atmospheric degradation. The acrylic coating shall be Graffiti -Gard "Sacrificial" System manufactured by Textured Coatings of America, Inc., Graffiti -Blok Finish manufactured by Tamms Industries Co., or equal applied at a rate of not less than one (1) gallon per 250 square feet of panel. -1- • • Page 2 Addendum Rocky Point Retaining Wall (C -2687) The stain base shall be Graffiti Stain Blocker manufactured by Textured Coatings of America, Inc., Graffiti -Blok Activator and Base manufactured by Tamms Industries Co., or equal applied at a rate of not less than 1 gallon per 250 square feet of panel. 4. PLANS Sheet 4 of 8: °Section of Light Fixture ": Revise light fixture callout per 1. above, and extend horizontal dimension of 2 -inch diameter pipe mounting from 1' -0" to 3' -011. Please execute and date this Addendum and attach it to your bid proposal. Failure to do so may result in disqualification of your proposal. . .` . Manager .. lton I have carefully examined this Addendum and included full payment therefore in our proposal. 10/3/91 Southern California Builders DATE Bidder's Name Authorized Signature Steven C. Hazlett, Owner • • Page 7 • • X1 • • 71 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY WORKERS' COMPENSATION CONTRACT (Page 14) NDORSEMENT (Page 12) CERTIFICATION (Page 13) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 EXECUTED IN FOUR OTERPARTS BOND# 2666 PREMI $8,125.00 Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 14 1991 has awarded to hereinafter designated as the "Principal ", a contract for Rockv Point Retaining Wall in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. C -2687 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, SOUTHERN CALIFORNIA BUILDERS as Principal, and INSURANCE COMPANY OF THE WEST as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Dollars ($47r,,MO.OD ), said sum being equa to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its 5/91 i . �4 0 Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17TH day of OCTOBER , 1991. Southern California Builders Name of Contractor (Principal) INSURANCE COMP OF THE WEST Name of Surety 1111 E. KATELLA AVE., STE., 250 ORANGE. CA 92665 Address of Surety Imthorized Signature / Ste *6i! �,}I•r' = Au r zed ent signature e ephone NOTARY ACKNO11LED(XENTS OF CONTRACTOR AND SURETY MUST BE ATTMMA 5/91 4 \/\ ; mo P. \)f [ ®©» '§ ~ 7§ §\j // ( $ 27 e) El ® P� /2 5 \ ) \) \ )\ \\ ~; er0jk m \ | )\} /u pq E. / /�. °\ =2 $22/ � ;f !a ®§ '50 408.0 §mf/ k# / m ° 0 2 ) $ c ) \ *{\ §=d {j \j/ ^ {{ �j ±ai / �\ \tt=\ 23±«a±9 § §a0 a\ \ { `/ \: r)* }-A3 S ( C ;o» \aag ®y ®e§§Q a, § °f\ \ ! \/U /j \ § ! S §7 - @ F. \( \` i§ EXECUTED IN FOUR COAWPARTS • BOND# 1192666 Page 8 PREMIUM: INCLUDED IN PERFORMANCE BOND 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 Ortnher 14, 1991 has awarded to Southern ralifornia Ruildarc hereinafter designated as the "Principal ", a contract for Roc y Point Retaininn Wall (Contract No. C_2687 ) 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, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No.FR7 and the terms thereof require the furnishing of a bond, provid ni g that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, SOUTHERN CALIFORNIA BUILDERS as Principal, and TNg11wA�COMPANY ny THP WRST as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Four Hundred Seventy Five Thousand and 00 /100 Dollars ($ 475.nnO_n0 ) , said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/91 0 Page 8A The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17TH day of OCTOBER , 19 91. Southern California Builders Name of Contractor (Principal) / SOUTHERN CALIFORNIA BUILDERS Name of Surety 1111 E. KATELLA AVE., STE., 250 ORANGE, CA 92665 Address of Surety sized Signature /T tle'� Stevef /yd �,Hazl tt, Owner BY: ��G.� Authorized Ag�nr/Signature CHARLES L. FLAKE-;ATTORNEY-IN-FACT (714)921 -0530 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY NUST BE ATTACHED 5/91 §$ »\ 2 ) ;§a-0 \ \�\ °» \ \ > )) { \/2 ® 2E(/ u u \ \§ /\ 7a OWN-.% osco ARM < � KK \ {� Z \ � ` o j \ \ 0 k ■4J §§© N \ \ Dr4 w/ ))/ )j4±oi ~ t§ \t /f \ /\]@)j \ lju ul0 *` -HraU) a En r 43 j§ /) R)t §a [mp\ /) [ \j) \ In < \( }( k \ \ \\j ` § \� \ § � q � �` ) Al wiir ILI V m A 4"'VS X I PROO OCR Kobert K IN,= COMPANIES AFFORDING COVERAGE Insurance Agency 23811 Bridger Rd. Suite 104 COMPANY A LETTER Farmers Insurance Exchange El Toro, CA 92630 (714) 855-9711 COMPANY B INSURED LETTER Steven Hazlett DBA: Southern California Builders COMPANY C 26131 Marguerite, Suite B LETTER Mission Vie lo. Ca. 92692 lN Ji COVERAGES .Ml kk q P. W6 6 THIS Cit BEL ED 0 1101 1 AD NAMSO ABOVE F iNOIrATPO. 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 LTF TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS IN THOUSANDS GENERAL IJASILITV (000URANCE BASIS ONLY) GENERAL AGGREGATE A 1490 40 40 5-1-91 5-1-92 OPRPOEDRAUTCTOSNCAGGREGATE $1,000,000 COMMERCIAL FN COMPREHENSIVE OWNERS I Tr E PEF40NAL INJURY $1,000,000 CONTRACTUAL FOR SPECIFIC CONTRACT PPOOQCTSjCOMPL OPER. C] XCU HAZARDS EACH OMRANCE $1,000,000 BROAD FORM PROP. DAMAGE sevEgAmLrry OF INTEREST FIFE DAMAGE $ CLAUSE (ANY ONE FIRE) C3 PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ REMOVED (ANYONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED SWG LE Umrr $1 000,000 1 000 1q, OOMPREHENSiVE A aOWNEO 1490 40 40 11-1-91 5-1-92 Dow IWURY (PER PERSON) `Ilk OND BODILY INJURY F2 (PER ACCIDENT) C3 NON-OWNED �W—FleTY S C EXCESS LIABILITY I;" EACH AGGREGATE UMBRELLA FORM OCCURRENCE OTHER, THAN UMBRELLA FORM $ S • STATUTORY WORKERS' COMPENSATION EACH AWDEW AND DISEASE. POLICY ILIMIT EMPLOVEIRS, LIABILITY DISEASE -EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION STATUTORY 011? —&-Ewmnom OF ()PmnowAocAT*wwFjic4wRmTRs0moN5r.PEML ITEMS: ALI, opmfiotis PERFORMED FOR THE CITY OF NEWPORT BEACH By OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: �crky (6'I r-rr rQ(f+c6 n I r)q Well PROJECT TITLE AND CONTRACI-NUMEILR CERTIFICATE HOLDER. "iF "r aalGy 0 1w G A, A.� el TION q. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON•RENEWED, CITY OF NEWPORT BEACH CANCELLED OR COVIZAAGE REDUCED BEFORE THE EXPIRATION DATE THE P O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE 30 DAYS MIN. ADVANCE 31300 NEVVPORT BLVD. NOTICE TO CRY OF NEWPORT .AI&AfPl� BY REGISTIRCO MAIL NEWPORT BEACH, CA. 92659-1768 ATTENTIO LIO D It 16-24-91 e — � - - I -X ISSUE DATE �...;..: �:.. �• ; mow. ,y It is agreed that: 1. With respect to such insurance as is afforded by the policy ". for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insureds) 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. 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 $ 1,000,000 each occurrence 1,000,000 Products & Opps.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). 5/91 Page 11A The limits of liability as stated in this endorsement Shall not increase the total liability of the company affor(Ung coverage for all damages as the result of any one oac:urtence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. i 6. Should the policy be non - renewed, canceled or coverage red4ced before the expiration date thereof, the Issuing company »tall provide 30 dayst advance notice to the City of Newport beach, by registered mail, Attention: Public Works Department. 7. Designated Contract: f[c7Cky pc,�n+ R�Fc,_�nivq L 1� ? C -2_ 87 Pro ec T tle and Contra t No. This endorsement is effective October 24, 1991 at 12:01 a.m.' and forms a part of Policy No. 1490 40 40 of Farmers Insurance Exchange (Company Affording Coverage). Insured: Steven Hazlett DBA: Southern Calif ornia.4orSement NO.: Builders ISSUING COMPANY By: 5/91 Page 12 it is agreed that: 1. With respect to such insurance as is afforded by the policy. for Automobile Liability, the City of Newport Bead, *to officers and employees are additional insureds, but only wi%k. 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 inSmy or property damage arising out of automobiles (1) owned bV 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: 5/91 ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability (X) Combined Single Limit $ per person $ per accident s Bodily Injury Liability A Property Damage Liability $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. C' 7 11 I -Li -. 1iJ711 - ' � - I1 T t'7 I 6 • Page 12A Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing C=pony shall provide 30 days' advance notice to the City of Newport beach by registered moil, Attention: Public Works Department. 5. Designated Contract: U., C -Z(o 7 This endorsement is affective October 24, 1991 at 12:01 a.m. and forms a part of Policy No. 1490 40 40 of Farmers Insurance Exchange (Company Affording Coverage). Insured: Steve Hazlett $ndorasmant No.: DBA: Southern California Builders Iss By: 3191 • 6 I II I I PmOt>VrtA r ARFEL INSURANCE AGENCY, INC. HIS CERTIFICATE IS ISSUED AS 17ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE EXTEND OR ALTER HE COVERAGE AFFORDED BY HERPOLICIES BELOW SEND, COMPANIES AFFORDING COVERAGE �L ,131 Lake Center Dr. Suite E E'1 Toro, California 92630 COMPANY LEffER A (714) 951 -8666 COMPANY` g LI INKIPED Southern Calif. Builders 26131 Marguerite Parkway Unit # COMPANY LE' C TE" COMPANY U Mission Viejo CA 92692 COMPANY C I ETTER E Ii,I y. 'l B'li, Ih I 'fi I •i I II 11,E �' I e;', THIS M TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY FERIOD INDICATED NOTWHSTANDINp ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERI MAY BE ISSUED OR MAY PERTAIN. THe INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Lp TYR OF IMSURAMCE POUOYML&Il31 rn*M(MM " PDATE umm giJtm LIABILITY GQAMAGGRE(ATB { COMMERCIAL GENERAL UASIJ PHOOticISaoMP�CPA6a. { CWMe MAI OCCUR PERBONAL8,AW, IMAIRY { BACHOCCUFFe= { OWNER'S A CONTRACTORS PRCT. FIRE DAMAGE VI oPr, AM { MW 00'ENBE Wry orw PI { AYlO1111I LUBILITT ANYAIriD ALL OWNED AUTOS Sa,EDUIFOAtRroS ' '°p�fi ��T `•!'k�, ^�J \ COMBINED BINGLE UMR' { 91 twum — (F+RP�V t Twao • HIRWAUTIOS NOnowIIA„ roe GAPABEUAB{RY N�1 2 ¢���� . s '•, uAAGe DAMAGE { f1 tI110ILIlY UMBYlT1AFOM OMM THAN UNIMULA FORM ..' ... ,. EACH OCCLT#iENCE i AGGi�GAT! { q{{GR'S O"ElttAttOM AM rmoveLS tJIBILITY .80017925 01/01/91 01 /01 /921aSEAeE�IeYUMrt BTATtT11ORYLWM mummogrom EAanAGCIDENT tl D 0 161,000,000 ptlFJi{EFACN Q1PLCri'F,E { OTM OESCiTJTIGI OF 17105 ROCKY POINT RETAINING WALL, CONTRACT kC -2687 I I'II I „P' I I "III'' IIICfrlll' ellll d6,1'IliilUl6'Il ,I; I "i l y, p „', ''''Il.11l''6'I "411d l ,, �:: Iliillll' u ? li" "I -I I' "nuSl1'Th °:'';. SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE C.AR CELLED BEFORE THE AND ADDITIONAL INSURED iIRj EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO r,,1tl MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE � J �G ITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH , CA 92659 -1768 ;i,Vllla !III: LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES p, A nrnrzm l A EA r � Ayamn. v Ii III II' 1 r'uIIIII' II I, i�il:!.li 11111111111:'1!1 I'fI II'�R VIII IIII I. �L�IV !�I�:Ii ll�l 'tiI�II�I11111 ii?•.I III I II I, �, 21 0'd sAapI II- InO -o9: Sb7 bT 11-11 H1 T6— bZ -1.a0 INSUROCE COMPANY OF '*E WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: David L. Culbertson, Charles L. Flake, Diana Laskowski, Deborah A. Hill, Karen Chandler its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recogniiances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this 17th day of February, 1989. INSURANCE COMPANY OF THE WEST LOMPAM /0 `r,,pNONI�o t �� "a" \'� resident STATE OF CALIFORNIA B5. ��(,FppM' COUNTY OF SAN DIEGO On this 17th day of February, 1989 before the subscriber, a Notary Public of the State of California, in and for the County of Son Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument,' and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, .y gjZn Xt. pqv .. jwritten. STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 17TH day of OCTOBER 19 91 �pMPAky' t F 1� f ICW CAL 37(REV. 5/87) �, j OFFICIAL SEAL JANIS E. THEODORE ,.;kr NOTARY PUBLIC - CALHORNIA u yrf PRiN DIED COUNTY Y SAN DIEGO COUNiY My COMMISVOR f%P lone /. 1990 STATE OF CALIFORNIA COUNTY OF SAN DIEGO 55: I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 17TH day of OCTOBER 19 91 �pMPAky' t F 1� f ICW CAL 37(REV. 5/87) �, j Page 10 +!4'!A4 '�§ +� X CERT'IFIC -A E Y9 § Y .�'i'3W 1 i �NSI F `N�E;y �� W �� c� 1'tla: -V,! � �, s�+ .': xl' ,„ a.%0.. .5�, =.,. PRODUCER COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER INSURED COMPANY C « LETTER COVERAGES�"„' X, �, � IN, REM 7TIIS'S t0 CERTIFYIFLITk5 CN' HAS 5SU0 TOi`�DABOVEFOp POI-1C Ob INDICATED NOTWITHSTANDING ANY REOU(REMENC 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 S NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE 00 LTF TYPE OF INSURANCE POLICY NUMBER EFFECTIVE COTE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ (OCCURWCE BASIS ONLY) COMMERCIAL PRODUCTS/COMPLETED S COMPREHENSIVE OPERATIONS AGGREGATE ❑ OWNER CONTRACTORS P TN PERSONAL INJURY S ❑ CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTS /COMPL OPE0. ❑ XCU HAZARDS EACH OCCURANCE S BROAD FORM PROP. DAMAGE ❑ SEVEFABBITY OF INTEREST FIRE DAMAGE $ CLAUSE (ANY ONE FIRE) ❑ PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED COMPREHENSIVE SINGLE LIMIT BODILY INJURY PERSON) OWNED (PER HIRED BODILY INJURY (PER ACCIDENT) �i" ✓�,� PROPERTY ❑ ON N-0WNED DAMAGE EXCESS LIABILITY EACH AGGREGATE UMBRELLA FORM ;�k•J OCCURRENCE OTHER THAN UMBRELLA FORM . STATUTORY r WORKERS' COMPENSATION S EACH ACCIDENT AND S DISEASE. POLICY LIMIT EMPLOYERS' LIABILITY S DISEASE • EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR Y' art ` r , WORKERS' COMPENSATION STATUTORY „ ,... DESMPDON OF OPERATM. WLOCATWOVOOMESlRESTRICTLONWPEC4LL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: Rocky Point Retaining Wall C -2687 PROJECT TIRE AND CONTRACT NUMBER CERTIFICATE `HOLDER `CgNCELLATION 4• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CITY OF NEWPORT BEACH CANCEUED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE JO DAYS MIN. ADVANCE 11-din NEWPORT BLVD. NOTICE TO THE CITY OF NEWPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, CA. 92659-1768 ATTENTION: ATTENTION: AUTHORIZED REPRESENTATIVE ISSUE DATE 0 Page 11 It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Costa Mesa or the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional 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 The applicable limit affording coverage damages under this insured(s). 5/91 aggregate of Contractual Liability for the company shall be reduced by any amount paid as endorsement in behalf of the additional 0 Page 11A 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 and forms a part of Policy No. (Company Affording Coverage). Insured: ISSUING COMPANY By: Authorized Representative 5/91 at 12:01 a.m. Endorsement No.: • Page 12 • POWAR 0 ZRVE1.1 .s AZ111• :Mr I W4 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 $ per person Bodily Injury Liability $ per accident Property Damage Liability $ ( ) Combined Single Limit Bodily Injury Liability & 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. 5/91 • Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Rock Point - Pro ect Title and Contract No. This endorsement is effective at 12:01 a.m. and forms a part of Policy No. of (Company Affording Coverage). Insured: ISSUING COMPANY By: Authorized Representative 5/91 Endorsement No.: Page 13 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 10/14/91 Southern California Roildar� Date Name of Contractor (Principals ) C -2687 Contract Number L_AutKorized Signature and Title Steven C. Hazlett, Owner Rocky Point Retaining Wall, C -2687 Title of Project 5/91 0 6 Page 14 THIS AGREEMENT, entered into this 14 day of October , 19 91, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Southern California Builders , hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Rocky Point Retaining Wall C -2687 Title of Project Contract No. B. Contractor has determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Rocky Point Retaining Wall C -2687 Tit1T a 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 as prescribed above, City shall pay to Contractor the sum of Four Hundred Seventy Five Thousand and 00!100 Dollars ($ 475,000.00 ). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 • i Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Rockv Point Rel4aining Wa11 C -2687 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. r CITY OF NEWPORT BEACH A Municipal Corporation r By: Mayor Southern California Builders Name of Contractor ATTEST: D CITY CLERK �— uthorized Signature and Title J 5/91 Steven C. Hazlett, Owner 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS ROCKY POINT RETAINING WALL CONTRACT NO. 2687 I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . .1 II. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . .1 III. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK. .1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . .3 V. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . .3 VI. TRAFFIC CONTROL . . . . . . . . . . . . . . . . . . . 3 VII. CALTRANS ENCROACHMENT PERMITS . . . . . . . . . . . .4 VIII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . .4 IX. WATER . . . . . . . . . . . . . . . . . . . . . . . . .4 X. STEEL PLATES . . . . . . . . . . . . . . . . . . . . .4 XI. STORM DRAIN INLET IN 2400 BLOCK WEST PACIFIC COAST HIGHWAY . . . . . . . . . . . . . . . . . . . . .4 A. Water Main Location . . . . . . . . . . . . . 4 B. Storm Drain Inlet Construction . . . . . . . . . 5 XII. WALL AESTHETICS . . . . . . . . . . . . . . . . . . . 5 XIII. WALL CONSTRUCTION SUBMITTALS . . . . . . . . . . . . 6 XIV. WALL CONSTRUCTION SEQUENCE AND PROCEDURE . . . . . . 6 A. Excavation . . . . . . . . . . . . . . . . . . . 7 B. Tie -backs . . . . . . . . . . . . . . . . . . . . 7 C. Utilities . . . . . . . . . . . . . . . . . . . . 7 D. Precast Panel . . . . . . . . . . . . . . . . . . 7 E. Panel Erection and Bracing . . . . . . . . . . . 8 F. Waterproofing and Drainage . . . . . . . . . . . 9 G. Backfilling . . . . . . . . . . . . . . . . . . . 9 H. Site Work . . . . . . . . . . . . . . . . . . . . 9 0 0 XV. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . 10 A. Excavation . . . . . . . . . . . . . . . 10 B. Structural Backfill . . . . . . . . . . . . . . 10 C. Precast Portland Cement Concrete . . . . . . . 11 D. Precast Concrete Panels . . . . . . . . . . . . 11 E. Installation of Intaglio . . . . . . . . . . . 13 F. Temporary Bracing . . . . . . . . . . . . . . . 14 G. Sandblasting . . . . . . . . . . . . . . . . . 14 H. Tie -backs . . . . . . . . . . . . . . . . . 15 I. Sheet Waterproofing . . . . . . . . . . . . . . 16 J. Prefabricated Drainage Board . . . . . . . . . 17 XVI. ELECTRICAL SERVICE AND LIGHTING SYSTEM . . . . . . 18 XVII. WATER SERVICE AND FUTURE IRRIGATION SYSTEM . . . . 18 XVIII. PAVEMENT PATCH BACKS . . . . . . . . . . . . . . . 18 APPENDIX: CALTRANS ENCROACHMENT PERMITS • • SP 1 of 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 'V0FESStfiy�. t� SPECIAL PROVISIONS y� 0 G ROCKY POINT RETAINING WALL j No. 19111 CONTRACT NO. 2687 ! �'�0•� 1 I. SCOPE OF WORK fln.. CIVIL:P The work to be done under this contract co _K `) reconstructing curb and gutter, sidewalk, driveway approaches, street pavement, a retaining wall and all its appurtenances in 1800 to 2000 block West Pacific Coast Highway (Rocky Point); 2) constructing curb access ramps in 1600 block West Pacific Coast Highway (Balboa Bay Club); 3) constructing a storm drain inlet in 2400 block West Pacific Coast Highway (Haagen -Dazs) and 4) performing incidental items of work. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. T- 5545 -5, R- 5594-S, R- 5648 -S, D- 5190 -S (Sheets 2 and 3), and M- 5297-S; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1988 Edition); and (4) the Standard Specifications for Public Works Construction, (1988 Edition), including Supplements: Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. CONTRACTOR'S LICENSES At the time of the bid opening and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. III. COMPLETION. SCHEDULE AND PROSECUTION OF WORK A. The Contractor shall complete all work in 1800 to 2000 block West Pacific Coast Highway within 75 consecutive calendar days, but no later than April 10, 1992. B. The Contractor shall complete all work in 1600 block West Pacific Coast Highway within 8 consecutive calendar days, but no later than April 10, 1992. 0 • SP 2 of 18 C. The Contractor shall complete all work in 2400 block West Pacific Coast Highway within 8 consecutive calendar days, but not later than April 10, 1992. D. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work at each site. E. Hours of work shall be 7:00 A.M. to 6:30 P.M. weekdays and 8:00 A.M. to 6:30 P.M. Saturdays. No work will be permitted at other hours on weekdays or Saturdays, nor on Sundays and holidays which disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity. "Holiday" shall be defined as January 1st, the Third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the Fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday. F. No work shall begin until a schedule of work has been approved by the Engineer. G. The term "work" as used herein shall include all removals, adjustments, and replacements; construction of sewers and storm drains; construction of P.C.C. improvements, walls, retaining wall with anchor system and intaglio, electrical and street pavement. Also included within the specified period is curing time for new PCC improvements, clean -up, construction materials delivery, etc. H. The Contractor shall make every effort to provide access through the work area for emergency and business vehicles, street sweeping, mail deliveries, and trash collections. If the Contractor's work will interfere with normal access in any manner, the Contractor shall provide an alternative access to satisfy adjacent businesses. During Contractor's non -work hours, the Contractor shall bridge trench excavations to maintain access to businesses. Continuous pedestrian access to and from businesses shall be maintained at all times. (See Section X regarding steel plates available from the City). u • SP 3 of IS I. The Contractor's schedule shall consider the phasing of water main construction, testing, disinfection, and connection to the existing system. IV. PAYMENT The unit or lump sum price bid for each item of work shown in the proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit price bid for each item of work. Partial payments for Mobilization and Traffic Control bid items shall be made in accordance with Section 10264 of the California Public Contract Code. V. LIQUIDATED DAMAGES Commencing on the day after the specified number of calendar days mentioned for each site above, or on April 11, 1992, whichever occurs first, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $350.00 in lieu of the daily sum of $100.00 specified in Section 6 -9 of the Standard Specifications. VI. TRAFFIC CONTROL A. Traffic striping, pavement legends, raised pavement markers and signs that have been removed or modified by the Contractor shall be replaced, per Caltrans standards, and to the satisfaction of the Engineer and CALTRANS. B. Traffic can be reduced to one westbound lane between the hours of 9:30 a.m. and 3:00 p.m. weekdays, unless westbound traffic gets queued back to McDonald's restaurant at 700 West Coast Highway. When this occurs, both westbound traffic lanes shall be immediately opened to traffic. C. The Contractor shall maintain all temporary traffic control devices, including signing and striping, to the satisfaction of the Engineer. D. A flashing arrow sign shall be in place for any lane closure. E. Traffic control shall be per Plan T- 5545 -5 and the attached Caltrans Encroachment Permits. • • SP 4 of IS VII. CALTRANS ENCROACHMENT PERMITS The City has obtained 4 Encroachment Permits from the State of California (Caltrans) for work within the State right -of -way. The Contractor shall conform to the provisions of these permits, which are included in the Appendix of these Special Provisions. The Contractor shall obtain "riders" for the permits from the State to perform the work within the State highway right -of -way. All costs incurred for inspection and for conforming to the provisions of these permits shall be considered as included in the contract prices paid for the related items of work. VIII. CONSTRUCTION SURVEY STAKING Field staking control of construction will be provided by the Engineer. If the Contractor finds a property corner or survey tie that may interfere with construction, it shall be his responsibility to notify the Engineer prior to distributing the corner or tie. IX. WATER If the Contractor desires to use City's water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to City, the deposit will be returned to the Contractor, less a quantity charge for water usage. X. STEEL PLATES The City can provide, free of charge, a limited quantity of 1" thick, 5' x 10' steel plates. These plates may be obtained from and shall be returned to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (714) 644 -3011. XI. STORM DRAIN INLET IN 2400 BLOCK WEST PACIFIC COAST HIGHWAY A. Water Main Location Approximately 45 linear feet of 6" ACP water main must be lowered to allow for construction of the new storm drain inlet in 2400 block Pacific Coast Highway. • • SP 5 of 18 The Contractor shall notify Pete Antista, the City's Utilities Superintendent at (714) 644 -3011 at least 48 hours in advance of the need to shut down the existing main. No shutdown will be permitted on Fridays, Saturdays, Sundays, holidays or after 12:00 noon. The Contractor shall not operate water valves except in a case of extreme emergency. Cutting -in the lowered water main shall be done at a time resulting in the least disruption of water services. Operations requiring a shutdown of more than four hours shall require that the Contractor install and maintain a temporary bypass, then remove the bypass after shutdown. B. Storm Drain Inlet Construction The storm drain inlet will connect to an ex. 18" manifold which crosses Pacific Coast Highway. The Contractor shall remove the temporary bulkhead at the ends of the pipes and bevel the pipes as necessary to join the inlet construction. Payment for the inlet construction shall include payment for removal and replacement of all PCC flatwork required for constructing the inlet and relocating the water main. XII. WALL AESTHETICS The Rocky Point Retaining Wall will incorporate an artistic treatment and design into a Public Works improvement. The wall shall have a uniform exposed aggregate light earth colored appearance with 23 intaglio sculptures of pelicans. The City's Artist, Tom Van Sant, MFA, telephone (213) 459 -4342, shall be given time and space to work while preparing and securing pelican "waste molds" to the precasting forms. Mr. Van Sant or his representative will also supervise the removal of the waste mold material from finished wall panel. To secure the effect that is desired, the Contractor shall carefully control the concrete mix design in order to obtain a consistent color and texture between panels. He shall use extra care when placing concrete to ensure that the concrete is properly vibrated to minimize rock pockets, avoid damage to waste molds and obtain proper rebar coverage around waste molds. The Contractor's sandblasting operations shall also provide uniformity between panels. • SP 6 of 18 The Contractor should visit the two sites in Newport Beach where intaglio designs have been used to create art work on building walls. The Bank of Newport building at Pacific Coast Highway and Avocado Avenue and The Irvine Company Block 500 buildings on Newport Center Drive have many intaglio designs similar to the design used on the Rocky Point Retaining Wall. The Contractor is hereby cautioned that wall panels which have significant differences in color or texture or surface damage shall be rejected by the Engineer without compensation or adjustment to the calendar days for completion specified herein. The Engineer shall be the sole judge of color, texture and surface defect. XIII. WALL CONSTRUCTION SUBMITTALS The Contractor shall submit to the Engineer shop drawings of the following for approval: A. Detailed traffic control plans for each stage of work at each site. B. Detailed schedule of work. C. Panel manufacturing procedure, including; 1. Concrete placement schedule. 2. Handling (lifting stress). 3. Method and procedure for working with Artist for intaglio waste mold placement and removal, for sandblasting, installation of waterproofing, and drainage board. 4. Storage of panels prior to delivery. 5. Transportation route to site, and method for protecting finish and intaglio in transit. Detailed erection procedures, including; 1. Lifting steel and lifting insert locations. 2. Temporary bracing system, footings and braces. 3. Sequence of panel erection. Shop drawing submittals shall be per Section 2 -5.3 of the Standard Specifications. XIV. WALL CONSTRUCTION SEQUENCE AND PROCEDURE The Contractor shall develop his own sequence and procedure for construction and submit it to the Engineer for approval prior to commencing work. Sequence and procedure below is provided to guide the Contractor and is not intended to be a required guide for construction. • • SP 7 of 18 A. Excavation 1. The Contractor shall perform any exploratory excavations necessary to determine the location of existing utilities. 2. The Contractor shall install temporary shoring for protection of existing structures adjacent to the site as required. 3. The Contractor shall excavate the site in stages. The first stage shall be only to the level required to allow installation and testing of the tie - backs. The second stage, for the retaining wall and footings, shall be started only after a substantial number of the precast concrete wall panels have been manufactured and approved. 4. The total time from the start of the first stage of excavation to completion of the installation of the precast wall panels shall not be more than 40 working days. 5. As short a period of time as possible shall be left between the first and second stages of excavation. 6. The second stage of excavation shall be scheduled such that erection pads are placed immediately after the excavation is complete. Panel erection shall begin immediately after the erection pads and footings for the temporary braces have achieved adequate design strength. B. Tie -backs 1. All tie -backs shall be located, drilled, installed and tested prior to the delivery of the pre -cast concrete wall panels on site. 2. Special care must be taken in the installation of the tie -backs to avoid damaging or in any other way disturbing the existing utilities. C. Utilities All existing utilities shall be rerouted if necessary prior to the delivery of the pre -cast concrete wall panels on site. D. Precast Panels 1. The manufacture of the precast panels shall be scheduled so that the panels are substantially complete prior to the excavation for the retaining wall. This is to expedite the delivery and installation of the wall panels in order to minimize the time which the excavation is exposed. • SP 8 of 18 2. The precaster shall store the finished panels at his facility until such time as the excavation can be completed and the panels may be installed. 3. Sheet waterproofing above and below the bond beam shall be installed at the facility of the precaster. The waterproofing of the bond beam and the sealing of the joints must be done after the bond beam has been placed and the concrete has cured sufficiently to allow attachment of the waterproofing. 4. The prefabricated drainage board above and below the bond beam may be installed at the precaster's facility, but shall be protected from damage due to transportation and erection. The drainage board around the bond beam shall be installed after the bond beam has cured sufficiently. The Contractor should consult the manufacturer as to the best procedure for installation and transportation of the drainage board. E. Panel Erection and Bracing 1. Prior to the delivery of the precast concrete panels, erection pads and pads or grade beams for the support of the temporary bracing shall be located and placed. Sufficient time must be allowed for the concrete to reach it's minimum acceptable design strength. Each panel shall have at least one erection pad at each end. Care must be taken in locating the erection pads. Erection pads must not interfere with the dowels in the panels which are for connection to the footings. 2. The sequence of erection shall be such that the footing and bond beam are placed as soon after erection of the panel as possible in order to minimize the time which the temporary bracing is the sole support of the panel. This may be accomplished by erecting a number of panels on one day, placing the footings and bond beam the same day or no later than 24 hours after the erection, in sequential order so that no panel is left for more than 24 hours without permanent support. 3. All work that must be done behind the panels, such as installation of perforated pipe, sealing of the sheet waterproofing and drainage board, etc, shall be done after the installation of the temporary braces, but prior to the installation of adjacent panels, if possible. This is to minimize the amount of time a worker must be behind the panels. • SP 9 of 18 4. Temporary bracing shall not be removed until all tie -backs have been fully attached, the bond beam has achieved it's full design strength and backfilling is complete. 5. The Contractor may elect to use concrete with a greater design strength than the minimum specified on the drawings in order to shorten the time necessary for the concrete to achieve the specified design strength. 6. The Contractor may wish to take additional test cylinders that may be used to determine that the concrete for the bond beam has achieved early design strength. F. Waterproofing and Drainage 1. After erection of the panels and the placement of the bond beam, the sheet waterproofing and drainage board shall be installed on and around the bond beam and inspected. All necessary repairs shall be completed at this time. 2. Perforated drain pipe shall be installed per the construction drawings. 3. The prefabricated drainage board shall be sealed at the joints per manufacturer's recommendations. Drain fabric shall be wrapped around the perforated drain pipe as shown on the construction drawings and as recommended by the manufacturer. 4. The prefabricated drainage board may be installed after the precast panels are in place; however, the work area may be restricted by the steepness and extent of the excavation. G. Backfillina 1. All work behind the pre -cast concrete wall panels covered by CLSM shall be completed and inspected prior to backfilling. 2. Backfilling shall not be started until the bond beam has achieved it's full design strength. H. Site Work 1. Site work on the street side of the retaining wall panels shall not begin until the temporary braces have been removed. 2. Construction of drainage swale and planter wall shall begin after the earth backfill has been densified to a relative compaction of 90% minimum. ` • • SP 10 of 18 KVA CONSTRUCTION DETAILS A. Excavation 1. All excavation shall be in compliance with Standard Specifications for Public Works Construction, Section 300 -3 "Structural Excavations and Backfill." 2. Excavations shall be the minimum required to place the footings, tiebacks, and precast concrete wall panels. Where sand or other cohesionless material is encountered the excavation shall be cut back as required by the soil report. If rock, hard material, or cohesive material is encountered the slope of the excavation may be increased provided the face of the excavation is firm, hard and unyielding and is such as will stand or can be made to stand without sloughing. Excavation shall conform to State of California Industrial Safety Standards. 3. Remove boulders or other interfering objects when encountered. 4. Special care shall be taken to protect existing structures, walkways, stairs, curbs, retaining walls and existing planting adjacent to the project from damage due to excavation. B. Structural Backfill 1. Structural backfill as shown on the drawings shall be "controlled low- strength material" (CLSM). CLSM shall be prepared in accordance with ASTM C 94 procedures for concrete. 2. Mix design shall meet the following criteria: a. Use Type V portland cement, minimum 2- 1/2 sacks cement per cubic yard of mix. b. Maximum Aggregate size shall not exceed 3 -1/2 inches. Fine aggregates shall be non - expansive and non - reactive. C. Fly ash is acceptable in CLSM 3. 28 day compressive strength shall be 1000 PSI. 4. CLSM shall be placed in lifts not exceeding 6' -0" in height. Each lift shall be allowed to cure for a period of 24 hours before placing the next lift. 5. CLSM may be placed using pumps, conveyor or chute. 6. Standard cylinder samples shall be taken of CLSM backfill and tested. The CLSM concrete strengths shall be reported to the Engineer. • • SP 11 of 18 C. Precast Portland Cement Concrete 1. All ingredients used in the concrete for the precast concrete walls shall be from the same source to ensure uniformity of color. 2. The fine aggregate for the concrete used in the precast concrete wall panels shall be white silica sand from the same source; clean, white and uniform in color. 3. Coarse aggregate used in the precast concrete wall panels shall be select grade pea gravel, from the same source, clean, and as uniform in color as possible. The pea gravel shall be of a light color. 4. Samples of the fine aggregate (sand), and the course aggregate (pea gravel) shall be made available to the Engineer for approval prior to placing any concrete. 5. Finished samples of the concrete proposed for use in the precast concrete walls shall be supplied by the Contractor for approval by the Engineer. No concrete for the panels shall be placed prior to the approval by the Engineer of these samples. 6. Concrete dye shall be by L.M. Scofield Company or accepted equivalent, and shall be selected and added to the concrete mix under the direct supervision of the Engineer. 7. Admixtures: Air entraining admixture for 4% to 6% air entrainment and /or superplasticizer admixture may be added to the mix to enhance urability and workability. Any admixture selected must be included in the mix design and is subject to acceptance by the Engineer. Admixtures manufactured by the following companies are acceptable: Sika, Master Builders. NOTE: No admixture containing fly ash or calcium chloride may be added to any concrete mix. 8. Test cylinders for all concrete shall be taken in accordance with the Standard Specifications for Public Works Construction. The Contractor may at his discretion take additional test cylinders of the bond beam, the erection pads, and footings for temporary braces that may be used for intermediate tests to establish that the concrete has reached it's full design strength prior to the 28 day test. D. Precast Concrete Panels 1. All precast concrete wall panels shall be manufactured by a qualified precaster having at least 15 years experience in precast concrete work. • SP 12 of 18 2. Precast concrete panels shall be manufactured at a plant with an established quality control program as attested to by a current certification in the PCI "Certification Program for Quality Control" or accepted equivalent procedures to perform product quality control in accordance with PCI manual MNL -117. The precast manufacturer shall submit three (3) copies of quality control procedures established in accordance with PCI manual MNL -117 to the Engineer. 3. Precast concrete wall panels shall be cast in metal forms at the precaster's facility and stored at the precaster's facility until transportation to the site is required. 4. Reinforcement for the panels shall be hung from a beam or truss spanning between the edges of the metal forms. No chairs are to be used which would mar or require patching of the outside (visible) face of the panels. 5. Lifting points for the erection of the panel shall be on the inside face (retained side) of the panel or panel edges so as not to mar the visible outside face (street side) of the panel. 6. Waterproofing shall be applied at the precast facility except at the joints of the panels and bond beam. Waterproofing of the joints and bond beam, as well as patching of any damaged waterproofing, shall be applied after the panels are in place. 7. The color of the caulking used for the panel joints shall be approved by the Engineer prior to installation by the Contractor. A sample of the caulking to be used shall be provided by the Contractor to the Engineer at the same time as the sample of the concrete mix. 8. Any precast panel that does not conform in appearance to the adjacent panels may be rejected by the Engineer. 9. The precast panels must be allowed to cure sufficiently to achieve an adequate compressive strength to prevent cracking during handling. 10. The Contractor shall provide patching as required to repair any damage or deformity in the face of the panel after erection. Good color, tone, and texture matching is required. This work is subject to review and acceptance by the Engineer. 11. The Contractor shall schedule the forming and placement of precast concrete panels containing intaglio consecutively in order to minimize the time the Artist is required to be at the precaster's facility. r • SP 13 of 18 12. The Contractor shall coordinate the forming, placing of steel, and pouring of concrete with the Artist. The Contractor shall provide adequate time in the schedule for the Artist to place and secure the waste molds. 13. No less than three panels containing intaglio art work shall be placed in one day. 14. Panels shall be supported during erection by an erection pad designed by the Contractor. The design of the erection pad may be based on the temporary soil bearing value of 8,000 PSF. 15. Steam curing shall not be permitted. E. Installation of Intaglio 1. The Contractor shall provide the Artist with approximately 60 days advance notice and final 30 day notice of preparation and placement schedule. 2. The Contractor shall provide the Artist access to clean, dry, watertight forms for one day minimum prior to each day of panel concrete placement. 3. The Contractor shall provide 1 man for each day the Artist is present at the precast facility to assist, under the direction of the Artist, in placement, gluing and sealing of the waste molds. This man shall also provide liaison between the precaster and the Artist. 4. The Artist will provide the sculptured waste molds (carved polystyrene foam), their placement, attachment to the forms, and application of parting agent to the waste molds in preparation for concrete placement. All other work shall be provided by the Contractor. 5. The Contractor shall place reinforcement and avoid contact with the waste molds. Placement and vibration procedures shall be determined by the Contractor after consultation with the Artist. 6. The Contractor shall provide for cleaning residue polystyrene foam and glue (contact cement) from the casting bed and forms. 7. The Contractor shall remove residue polystyrene from castings in preparation for sandblasting. Removal of the residue polystyrene from casting shall be done in such a way as to avoid damage to panel sculpture and panel face. The Contractor shall allow a minimum of 2 hours each to remove residue polystyrene from castings. � SP 14 of 18 F. Temporary Bracing 1. Temporary bracing shall be supported on a footing designed by the Contractor, which can later be concealed under the new sidewalk. The design of the footing may be based on the temporary soil bearing value of 8,000 psf contained in the soil report on record with the Engineer. 2. Temporary bracing shall be protected from traffic by a temporary concrete barrier, design of which must be submitted to the Engineer for review. 3. Attachment of the temporary braces to the panels must be made at the top edge or the back of the panels in such a way as to prevent marring or damage to the visible face of the panels. 4. Temporary bracing shall not be removed until all tie -backs have been fully attached, the bond beam has achieved it's full design strength and backfilling is complete. G. Sandblasting 1. The Contractor shall provide sandblasting aggregate, equipment, materials, and personnel as required for proper performance of the work of this section. 2. Panels shall be sandblasted at the precaster's facility before being transported to the site. Special care shall be taken to prevent damage to the sandblasted finish in the transportation and erection of the panels. 3. Sandblast with hard sand and water blown by compressed air. 4. Sandblast exposed surface of concrete to uniform "Light" texture as approved by the Engineer. The depth of the fine matrix to be removed shall expose a uniform amount of large aggregate, with a maximum sandblast depth of 1/411. 5. On all exposed surfaces of concrete scheduled to be sandblasted, the Contractor shall provide a uniform appearance similar in all respects to the sandblast finish approved by the Engineer. 6. Procedures: a. Patch any holes or deformities in the surface to be sandblasted. b. Verify that sandblasting personnel are completely aware of the cities decision relative to degrees of sandblasting to be performed and areas to be sandblasted. Unless, otherwise approved by the Engineer, the same personnel shall sandblast all panels. h • • ' SP 15 of 18 C. Perform sandblasting in accordance with pertinent regulations of government agencies having jurisdiction, and the directions of the Engineer. d. Use special care in abrading edges and corners to provide a smooth and uniform pattern consistent with adjacent sandblasted surfaces. 7. The only sandblasting to be done on site is touch up of any damaged and or patched areas. This work is subject to approval of the Engineer. 8. Promptly clean as work proceeds and upon completion. Sweep up and remove sand and debris daily. H. Tie -Backs 1. Tiebacks shall be DYWIDAG Anchor Systems or equivalent approved by the Engineer. Shop drawings of the system shall be submitted to the Engineer for approval prior to any construction work. The latest Federal Highway Administration (FHWA) permanent ground anchor publications recommendations shall be used. A copy of the (FHWA) publication will be provided by the Engineer upon request. 2. Prestressing steel shall be Threadbar Tendon ASTM A -722, Type 2 bar, with minimum ultimate strength FU = 150 ksi. 3. Lock -off load shall not exceed 70% of the ultimate load capacity of the bar. 4. All anchors used for this project shall, without exception, be double corrosion protected tendons. 5. Anchor (bonded) length and free (unbonded) length shall be simultaneously grouted. Voids within the free length shall not be permitted. 6. Staged grouting shall not be permitted. 7. Minimum of two anchor tendons shall be stress tested to 200% of design load. Remainder of the anchor tendons shall be stress tested to 150% of design load. 8. Performance, proof and creep tests shall be done per the latest FHWA permanent ground anchor publications recommendations. 9. Lift -off tests, where required, shall be per the latest FHWA permanent ground anchor publications recommendations. 10. The test loads shall not exceed 80% of the ultimate load capacity of the bars. 11. Anchor grout shall be made using Type V cement conforming to ASTM C -150 specification. • • SP 16 of 18 12. Anchor grout pressure shall be per the latest FHWA permanent ground anchor publications recommendations, but not less than 100 psi. 13. Grout shall have minimum 28 day compressive strength of 5000 psi. 14. Special care must be taken to avoid damaging the existing underground utilities when drilling and installing the tie -back anchors. 15. Hardware for the connection of the tie -back tendon to the wall shall have tension adjustment capability and shall be submitted as part of the shop drawings. Sheet Waterproofing 1. Sheet waterproofing shall be Jiffy Seal by Protecto Wrap Co., Bituthene 3000 by W.R. Grace Company, or equal product approved by the Engineer prior to placement. 2. Adhesives shall be types, compounds and tapes recommended by waterproofing sheet manufacturer for waterproof sealing of seams in membranes, and for waterproof sealing of joints between panels, adjoining surfaces and projections through membrane. 3. Primers for concrete shall be the type recommended by manufacturer of sheet waterproofing material for applications required. 4. Use flashing materials of flexible sheet material recommended by the sheet waterproofing manufacturer. 5. Preparation: a. The Contractor shall examine substrata and conditions under which waterproofing work is to be performed. The Contractor shall not proceed until unsatisfactory conditions have been corrected. b. Prior to installation of waterproofing and associated work, the Contractor shall meet at project site with installer of each component of associated work and installers of work requiring coordination with waterproofing work, for purpose of reviewing material selections and procedures to be followed in performing work. C. Apply primer to concrete surfaces at rate recommended by manufacturer of primary waterproofing materials. Prime only area which will be covered by waterproofing membrane in same working day; reprime areas not covered by waterproofing membrane within 24 hours. • SP 17 of IS 6. Installation shall be performed at the facility of the precaster, except as noted otherwise in the drawings or specifications, prior to transportation to the job site. a. Comply with manufacturer's instructions for handling and installing sheet waterproofing materials, except where more stringent requirements are shown or specified. b. Coordinate installation of waterproofing materials and associated work to provide complete system complying with combined recommendations of manufacturers and installers involved in work. Schedule installation to minimize period of exposure of sheet waterproofing materials. C. Extend waterproofing sheet and flashing as shown to provide complete membrane over area indicated to be waterproofed. Seal to projections through membrane and seal seams. Bond to vertical surfaces and also, where shown or recommended by manufacturer, bond to horizontal surfaces. d. Drainage fabric shall act as protection for waterproofing material. Where sheet waterproofing is exposed beyond drainage fabric, provide protection for waterproofing as recommended by manufacturer. 7. Waterproofing membranes shall be watertight and shall not deteriorate in excess of limitations published by manufacturer. 8. Protect completed membrane during installation of work from exposure to ultra violet rays. Do not allow traffic on or near unprotected membrane. 9. After erection of the precast concrete panels, the waterproofing membrane shall be inspected by the Contractor for any damage due to the erection and transportation of the panel or any other damage that may have occurred. All damage must be repaired in accordance with manufacturer's recommendations prior to backfilling behind the panels. J. Prefabricated Drainage Board 1. Prefabricated drainage board shall be Site Drain Type I by On Site Systems, Inc., Miradrain 6000 by Mirafi Inc., or equal product approved by the Engineer prior to placement. XVI. XVII 9"9 000 • • SP 18 of 18 2. Attach drainage board with adhesive, two sided tape, or system recommended by the manufacturer. System for attaching drainage board shall not penetrate or in any way damage the waterproof membrane such that it loses its impermeability to water. 3. Comply with manufacturer's instructions for handling and installation of drainage board, except where more stringent requirements are shown or specified herein or on the plans. ELECTRICAL SERVICE AND LIGHTING SYSTEM The Contractor shall provide and install 1) 2" PVC conduit from the existing S.C. Edison vault to the new electrical cabinet; 2) 2" PVC conduit from the electrical cabinet to stub up adjacent thereto into a future irrigation control cabinet; 3) 2" PVC from the future irrigation control cabinet to stub up at finish grade in front of the wall and behind the wall adjacent to the first post of guardrail; 4) a 21x4Ix6II thick PCC pad for mounting electrical and irrigation control cabinets upon; and 5) all electrical conduit, conductors, light fixtures, junction boxes, etc. needed to complete the wall mounted flood light system. Electrical control cabinet shall be Unicorn Model CPIIIB1113A(SS) or Myers Model MEUGQ- M100C /SS. The Contractor shall notify Service Planner, Jim Palma, access to the vault so that be installed. Southern California Edison (714) 895 -0246, to obtain conduit and conductors may WATER SERVICE AND FUTURE IRRIGATION SYSTEM The Contractor shall provide an install 2" water service from the 6" water main to stub up at finish grade in front of the wall and behind the wall adjacent to the first post of guardrail. The irrigation system and landscape plant materials will be installed by others at some future date. PAVEMET PATCH BACKS The Contractor shall provide 1 foot min. width pavement patch backs wherever curbs and /or driveway approaches are specified for construction or reconstruction adjacent to existing pavement. The pavement patch back shall consist of asphalt concrete to match existing asphalt concrete pavement in thickness. Patch back contact surfaces shall be tack coated as specified in the Standard Specifications for Public Works Construction. Payment for furnishing and placing patch backs, including tack coat, compaction, etc. shall be included in the unit prices bid for curb or driveway approach. 0 0 N ^I�w W I� ?Ico J � 9 2000 • JIB W r w 98' B9.5' 31 EXISTING EXISTING 1 3 SIDEWALK DRIVEWAY WM - ':;T. :R DRIVEWAY,:.:.:.;. m + �DIRT��+ FACE OF CURB W. PACIFIC COAST HIGHWAY 2 N 0 T E S: Ot REMOVE ROCK AND EXCESS DIRT. O2 ADJUST CLEANOUTS. METER BOXES AND VALVE COVERS TO SIDEWALK GRROE (� CONSTRUCT SIDEWALK PER CNB STD. -190 -L MY OF NEWPORT BEACH PUBLIC WORKS DEPRRTMENT SIDEWALK IMPROVEMENT RT 2000 W. PACIFIC COAST HIGHWAY C -2697 jau DIRECTOR OF PUBLIC WORKS 7/30/91 SUHLL 1''a20' MG R- 5648 —S a _ A< H���g ee _m y bO W >° r Z O cn2ngggg rc SoA 6 7 00600 o V 2 eemm_ a aaaam m b w� 6 t = m W & al f- r47 L i m s' e a P _ � m s Q y ,ZI E! g eg��y .t�E •+L,F oi c f S .y.p8 B�r$. n YgE g3e "_�$_ri xTRa a°�:� aago 7hs m u r E -TE k� a 1 6 +1 I - I o° I 6 I s ! I Y - ¢ S x o c? x I w ++ n ej S ti 0 k Y Y Ee v 5 0 a • r ��r• a v m _ q m yy 0 3e 91 a 0 f w a F os 4a rn Q 0 0 Z a m w Y N m m U r kit v 0 O � w $ w Q w 0 7 - w _ W Y � Y � _ O x O x U m w x a � r m m' I- r kit v 0 O � w $ w Q w 0 j : � . £ ( - < )(/ :Jill / §° ! \| [{ }� () \ <» \\ § 115 ! � t | � /} . veu | ! , j| . |Q%# � ! ! ( ) ; �10 1 f � a!! !> E> (\ � . � \ \\ §\ � ,) ., � ) ! } j £ ( - < )(/ :Jill / §° ! \| [{ }� () \ <» \\ § 115 ! � t | � /} . veu | ! , j| . |Q%# §\ cs � �! | � I � � (\ � \\ ,) §\ cs � �! | � I � l ! -- \� / ; •! } ! Al ! | Q \ � & ! �\ (w }! � � ! ! . ! , | ,• || ! ,!, !!�_!� ` ! ; ! ;; !; ! �•| 128 \/ !{ ! !R#! V-S % y I | | � ! \� y DEPARTMENT OF TRANSPORTATION ( ANS) ENCROACHMENT PEI DM- M- P -202A (REV 2/82) In compliance with (check one): X Your application of FEBRUARY 9. 1990 TO: CITY OF NEWPORT BEACH P. O. BOX 1768 NEWPORT BEACH, CA 92659 -1768 ATTN: LLOYD R. DALTON DESIGN ENGINEER Permit 1290 - C -0082 Dist /Co /Rte /P:5 12- ORA -CO1- 19.10/19.15 Date: Marca 6, 1990 Fee Paid Deposit $EXEMPT $ Bond Amount: NA Bond Company: NA Bond Bunter: NA , PERMIT :'EE and subject to the following, PERMISSION IS HEREFY GRANTED to: enter State right of way along the northbound side of Pacific Coast Highway, ORA -1, between Dover and Tustin Avenue in the City of Newport Beach, to construct pavement, curb, gutter, side�:alk and curb drains, all in accordance with current Caltrans Standard Specifications and Standard Plans, the attached Provisions and Permit Plans dated MARCH 06, 1990. Permittee shall notify the State Permit Inspector DON PERUZZI at 714/639 =6851 between 0700 and 0900 a minimum of two working days prior to the initial start of work. CONTINUED ON SHEET 2 The following attachments are also included as part of this In addition t; fee the permittee will permit (Check applicable): be billed act,.al costs for: X Yes No General Provisions Yes X No P. --view Yes X No Utility Maintenance Provisions X Yes No i:,spection Yes No Special Provisions SEE SHEETS 2 8 3 X Yes No Field Work by Caltrans Mtce forces Yes No A Cat-OSHA permit is required prior to beginning work. Permit No: Yes X N.A. The information in the environmental documentation has been reviewec and considered prior to approval of this permit. This permit is void unless the work is completed before JUNE 15, 1991 . This penr:it is to be strictly construed and no work, other than that specif icalty mentioned above, is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. Distribution: APPROVED: ORANGE (2) KEITH E. McKE.,N, District Director DON PERUZZI- INSPECTOR - cc: Amounting BY;_� W. G. BE GTSCN, JR., District Permit Engineer CITY OF NEWPORT B H • 1290 -NMC -0082 If the work authorized by this permit is to :,e performed by contractor forces for a Public.Agency, Permittee's Contractor shall furnish the State with a signed application reque.:ting a separate Caltrans permit authorizing the Contractor to p, =rform the work within the State Highway right of way for the Permittee. The Permittee's Contractor will be required to p.y a deposit of $1,260.00 estimated for inspection costs and to re'mburse the State for the actual costs incurred for engineering inspection of the work within the State right of way and other perm:.t- related field work performed by Caltrans Maintenance Forces. In addition to the attached General Provisions, f_)rm DM- M- P -202B, the following Special Provisions are applicable: 1- Permittee shall arrange a pre- construction mseeting with his contractor(s) and the State Permit Ir.. >pector to insure a complete understanding of the work and the permit requirements. 2- All traffic control shall be provided, in <;ttalled and maintained by the Permittee in accordance with State Standards and subject to the approval of the S-.-.ate Permit Inspector. Work which requires traffic cor.crol shall only be performed on weekdays between 9:30 Ai and 3 PM. 3- California Highway Patrol Area Commander, ',nd OCTD DETOUR COORDINATOR at 714/638 -9000, extension 41.30i shall be notified at least 48 hours prior to implementing traffic control which requires lane closures. 4- All traffic control which requires lane clo:ures shall be in compliance with the appropriate STAI,:DARD PLANS traffic control plan. Where required by thc. plan, the use of a flashing arrowboard is MANDATORY. 5- Orange vests and hard hats shall be worn at all times while working within State right -of -way. 6- A minimum of two days prior to the start of any excavation authorized by this Permit, Permittee shall no:':ify UNDERGROUND SERVICE ALERT at 1 -800- 422 -4133. 7- The existing pavement shall be joined to the nw pavement with a saw -cut to a minimum depth of 0.17 feet wit:: a power- driven saw. 8- Feathering to join AC pavement is not authorized. Cold - planing shall be performed in order to provide a minimum thickness of 0.10 feet at the join line. 9- Curb and gutter shall be installed over six 1611) of class 2 aggregate base . CONTIFJED ON SHEET 3 E CITY OF NEWPORT BEACH 1290 -NMC -0082 10- Curb, gutter and sidewalk shall be constricted of Class A Portland Cement Concrete: 11- Permittee and his Engineers are solely responsible for the structural integrity of the proposed retaining wall, which is outside State right -of -way. 12- In the event of any discrepancy between the Permit Plans submitted by the permittee and these Special Provisions, the Special Provisions shall prevail. 99- Immediately following completion of the work permitted herein, Permittee shall fill out and mail the Notice of Completion postcard attached to this permit. 3 DEPARTMERr OFTRANSPOnTAT10N ENCROACHMENT PERMIT GENERAL PROVISIONS OM M P -202a 111". 11991 1. Authority: Each Encroachment Per. 9. Conflicting Permltw If a prior 0 15. 16. 17 16. 19. Him 21 Utilities an subject to the provisions or .Seel Ion 22512 of the Cal Ifornla Vch Icle Code(CVC). CAreof Dralaage If the work contem. plated In any Encroachment Permit shall Interfere with the established drainage, ample provision shall be made by the permitter to provide for It as may be directed by the Department. M Aking Itepstra: In every case the per - mitlee shall be responsible for restor- Ing to Its former condition as nearly as may be possible any portion of the State highway facility which has been excavated or otherwise disturbed by ptimitlee The permitter shall main- tain the surface over facilities placed under any permit. If the highway Is not torcd as herein provided for, or [[the Department elects to make repairs permlltee agrees by acceptance of per - rnit to bear the cost thereof. Pcrmlts for Record Only. If occupa. Jon of highway right -of -way is under joint use agreement or under prior casement Encroachment Permits will be Issued to the permlltee for the pur. pose of providing the Department with notice and a record of work The permit ;viii also specify the current terms and conditions relating to publ Ic safety. No nc+v or different rights or obligations .Lc Intended to be created by the txrm It In such cases. and all such prior rights shall be fully protected Encroachment Permits Issued In such ,ascs shall have deaignaled across the :ace (hereof. `Notice and Record Purposes Only'. (Dls(ricl Office of Right of Way must give approval for this dcsignatioa) Clean Up Ript -of -Way: Upon eom- pictlon of the work all brush timber. ,craps material etc. shall be entirely removed and the right -of -way shall be Irft In as presentable a condition as waled before work started --eetofWork: Unless otherwise stated :,n the perm it or olherseparale writ ten ?grcement. all costs Incurred for work •e-Ithing the Slate right -of -way pur- suant to this Encroachment Permit shall be borne by the pernlltae and ".-Mitlee hereby waives all claims for ;ndemnlncatlon or contribution from tSc State for such work J.ctual Coat BilllaC Whenlheperml(- '.ec Is to be billed actual costs (as :ndicated on the face of the perml). such costs will be at the current hourly ate established by the Department for Encroachment Permits submit Plait For Installation of all underground facilities and all surface •,.ork or other activity of consequence tilt permittec shall furnish five (5) sets ni plans showing location and con. :;ructlon or other activity with Its z.ppllcallon Thirty 1301 days after mil is Issued In accordance with Chap- encroachment conflicts with the pro- ter 3 of Division 1. commencing with posed work.4he new permlllee must Section 660, et seq. of (he Streets and arrange for any necessary removal Highways Code (SHCI. or relocation with the prior permltlee. 2. RevoeaHom Except as otherwise pro- Any such removal or relocation will be vlded for public corporations, fran- at no expense to the Department. chlse holders, and utilities En- 10. Permits from Other Agencies: The 'croachmenl Permits are revocable on party or parties to whom a permit Is five(5) days notice These General Pro- Issued shall.whenevermqulred bylaw, visions. Utility Maintenance Pro secure the written authorization for visions and any Encroachment Permit anywork that muslbeapproved bythe Issued hereunder are revocable orsub- Public Utilities Commission (PUC) of jest to modification or abrogation at the State of Callfornla CALOSHA or any lime. without prejudlec however, any other public agency having jurts- to prior rights Including those evlden- dlctior. Failure to comply with the law. • ced byjolnt use agreements, franchise as noted above. will Invalidate the rights, reserved rights or any other Department's permit. agreements for operating purposes in I1. Prvrldona for Pedestrfane Where (he State highway right -of -way. facilities exist. a minimum sidewalk 3. Responsible Party: No party other and blkepath width of four feel (41 than the named permittee or (heir shall be maintained at all lames forsafe agent Is authorized to work under passage through the work area At no any per nalt. time shall pedestrians be diverted onto 4. Acceptance of Proviolonst It is a portion or the street used for understood and agreed by the permit• vehicular traffic Al locations where lee that the doing of any work under adjacent at temate walkways cannot be this permit shall constitute an accep- provided appropriate signs and Ounce of the provisions of this permit barricades shall be Installed at the and all attachments Ilan its of construction and In advance 5. Notice Prior to 8tarting Wort Before ofthe closure at the nearest crosswalk starting work under the Encroach- or Intersection to divert pedestrians . men( Permit. the permit lee shall notify across the street. . the designated Department represen- 12. Protection of Traffic Adequate pro talive two (2) working days prior to Int- visions shall bemade for the protection - llai start of work When work has been of the traveling,pubiic Warning signs Interrupted for more than flve(5) work- lights and safely devices and other Ing days an additional 24 -hour measures required for the public notification Is required before restart- safety. shall conform to the require- Ing work unless a pre-arranged agree- ments of the Manual of Traffic men( has been made with the Controls Issued by the Department. Department's rcpresentative. Unless Traffic control for day or nighttime otherwise specified all work shall be lane closures shall be In conformance performed on weekdays and during with Department Standard Plans for normal working hours of the Depart- Traffic Control Systems, Nolhingln the menl's representative permit Is Intended as to third parties 6. Standards, of Constmetiom All work to Impose on permlltee any duly, or performed within the highway shall standard of care greater than or dif• conform to recognized standards or ferent (han the duty orstandard of cart • . construction and the current Depart- imposed bylaw. men( Standard Specifications. Stan- 13. Mlnlmnm interference with Trod. . . dard Plane and Manual on High and Dc All work shall be planned and car- • Low Risk Facilities Within Highway tied out so that there will be the least Rights-of-Way and any Special Pro- possible Inconvenience to the travel- visions relating thereto. Ingpublic The permittee is authorized 7. Inspection and Approval by the to place properly attired flagger(s) to Department Ali work shall be subject stop and warn conventional highway to monitoring Inspection. and traffic Traffic shall not be unrr"on- approval by the Department. The per- ablydelayed FTaggingfrocedures shall mittee shall request a final Inspection be in conformance with the Instruo and acceptance of the work lions to Flaggers pamphlet and/or S. Keep PermR on the Work 8ftet The Manual of Traffic Controls for Encroachment Permit or a copy Construction and Maintenance Work thereof shall be kept at the site of the Zones Issued by the DeparlmenL work and must be shown to any rep- 14. Storage of Equipment and Matertabe msenlalive of the Department or any The permitlee shall Install temporary law enforcement officer on demand railing(lypel0 between anylaneearry- WOItH SHALL BE SUSPENDED IF Ing public (raffle and any obstacle. PERMIT 15 NOT AT JOB SITE AS material stored or equipment parked PROVIDED. within twelve feet (12'1 of the lane. 0 15. 16. 17 16. 19. Him 21 Utilities an subject to the provisions or .Seel Ion 22512 of the Cal Ifornla Vch Icle Code(CVC). CAreof Dralaage If the work contem. plated In any Encroachment Permit shall Interfere with the established drainage, ample provision shall be made by the permitter to provide for It as may be directed by the Department. M Aking Itepstra: In every case the per - mitlee shall be responsible for restor- Ing to Its former condition as nearly as may be possible any portion of the State highway facility which has been excavated or otherwise disturbed by ptimitlee The permitter shall main- tain the surface over facilities placed under any permit. If the highway Is not torcd as herein provided for, or [[the Department elects to make repairs permlltee agrees by acceptance of per - rnit to bear the cost thereof. Pcrmlts for Record Only. If occupa. Jon of highway right -of -way is under joint use agreement or under prior casement Encroachment Permits will be Issued to the permlltee for the pur. pose of providing the Department with notice and a record of work The permit ;viii also specify the current terms and conditions relating to publ Ic safety. No nc+v or different rights or obligations .Lc Intended to be created by the txrm It In such cases. and all such prior rights shall be fully protected Encroachment Permits Issued In such ,ascs shall have deaignaled across the :ace (hereof. `Notice and Record Purposes Only'. (Dls(ricl Office of Right of Way must give approval for this dcsignatioa) Clean Up Ript -of -Way: Upon eom- pictlon of the work all brush timber. ,craps material etc. shall be entirely removed and the right -of -way shall be Irft In as presentable a condition as waled before work started --eetofWork: Unless otherwise stated :,n the perm it or olherseparale writ ten ?grcement. all costs Incurred for work •e-Ithing the Slate right -of -way pur- suant to this Encroachment Permit shall be borne by the pernlltae and ".-Mitlee hereby waives all claims for ;ndemnlncatlon or contribution from tSc State for such work J.ctual Coat BilllaC Whenlheperml(- '.ec Is to be billed actual costs (as :ndicated on the face of the perml). such costs will be at the current hourly ate established by the Department for Encroachment Permits submit Plait For Installation of all underground facilities and all surface •,.ork or other activity of consequence tilt permittec shall furnish five (5) sets ni plans showing location and con. :;ructlon or other activity with Its z.ppllcallon Thirty 1301 days after 22. 23. 24. completion and acceptance of the work one III set of as -built plans shall be submitted to the District- BoadlnC This permit shall not be effective for any purpose unless. and until the permlllee flies with the Department ■ surety bond when required by the Department In the form and amount required by the DcpartmenL A bond Is not ordinarily required of any public corporation or publicly or privately -owned utility but will be required of any utility that falls to meet any obligation arising out of the work permitted or done under an Encroachment Permit or falls to main- fain Its plant. work or faeilitlea The said bond shall remain In force for a period of one (l) year after acceptance . of the work by the Department. Nalntenanee of Hlowayse The permittee agrees, by acceptance of a permit. to properly maintain any encroachment This Will require Inspection and rcpalrof any damage to Stale facilities resulting from the encroachment Respoaslbilltyfor Damage TheState of California and all officers and employees thereat Including but not limited to the Director of Transporta- tion and the Deputy Director, shall not be answerable or accountable In any manner, for Injury to or death of arty person. Including but not limited to the permlttm persons employed by the permitter- persons acting In behalf of the permltice: or for damage to pro- perty from any cause. The permittee shall be responsible for any liability Imposed by law and for Injuries to or death of any person Including but not limited to the permltlec, persons employed by the permitted persons acting In behalf of the permittee or damage to property arising out of work or other activity permitted and done by the permittee under a permit or arls- Ingout of the failure on the permitlee's part to perform his obligations under any permit In respect to maintenance or any other obligations. or resulting from defects or obstructions. or from tiny cause whatsoever during the pro- grass of the work or other act tvlty. or at any subsequent time work or other activity is being performed under the obligations provided by and contem- plated by the permit. The permltiee shall Indemnify and save harmless the Slate of Call(omia and all officers and employees thereof. including but not limited to the Direc- tor of Transportation and the Deputy Director, from all claims. suits or actions of every name, kind and des - crlptlon brought for or on account of Injuries to or death of any person Including but not limited to the Pernittee persons employed by the Permitted persons acting In behalf of the permi(tee and the public, or damage to property resulting from the • performance of work or other activity under the permit. or artsingout of the failure on the permltlec s part to per- form his obligations under any permit In respect to malnlenance or any o1 her 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- qucnt time work or other activity is being performed under the obligations provided by and contemplated by the permit. except as otherwise provided bystatule The duty of the pcnnittec to Indemnify and save harmless includes the duties to defend as set forth In Section 2778 of the Civil Code The permttee wolves any and all rights to any type of expressed or implied Indemnity against the State. Its officers oremployees. It Is the intent of the partlm that the permittee will Indemnify and hold harmless the Stale, Its officers and employees from any and all cialms. suits or actions as set forth above regardless of the "Is- tence or degree of fault or negligence whether active or passtve, primary or secondary, on the par of the State, the permltlee persons employed by the permlltce. or persons acting In behalf of the permittee. 25, Federal Civil Rights Requirements for Public Aceonamodatlom A The permitted for himself. his personal representatives, succ essor In Interest. and assigns. as part of the considera- tion hereof, does hereby covenant and agree that- 1) no person on the grounds of race. color, or nallodal origin shall be excluded from pikrlclpation In. be denied the benefits of, or be otherwise subjected to discrimination In the use of said facilities. 2) that In connection with the construction of any Improvements on said lands and the fumLshing of services thereon no dis- crimination shall be practiced In the selection of employees and contrac- tor, by contractors In the aelcction and retention of Rrsl -tier subconlrae ton In the selection or xcond -tier subcontractors, 3) that such dls- criminalton shall not be practiced against the public In their access to and use of the facilities and services provided for public accommodations (such as eating sleeping, rest. rccrea- tlon), and operated on over, or under the apace of the right-of-way, and 4) that the permlllce shall use the pre- mises In compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations. Commerce and Fortlgn T radc Subtitle A Office of the Secretary of commerce part 8 (15 C.F.R_ Part 8) and as said Regulations may be amended H That In the event of breach of any of the above nondiscrimination covenants. the State shall have thcjIghl to ter- minate the permit and to reenter and repossess said land and the facilities 0bereorx and hold the same as if said permit had never been made or issued. 26- No Precedent Established-- this per- anti Is Issued with the understanding that any particular action Is not to be considered as establishing any precen- dent (1) on the question of the expediency of permitting any certain kind of encroachment to be erected within right -of-way of Slate highways or (2) as to any utility of the accep- tability of any such pernlls as to any other or future situation. 27, Archaeological: The permitlee shall cease work In the vicinity of any archaeological resources that are revealed The Permit Engineer shall be notified Immediately. A qualified archaeologist. retained by the permll- teet will evaluate the situation and make recommendations to the Permit Engincer concerning the continuation of the work 28. Future Moving offnstoUstlons: Iflhe Encroachment permit was issued at the request of the pernlltea It Is understood that whenever Stale con- struction, reconstruction or maln- tenanec work on the highway requires the Installation to be moved adjusted or relocated the permitter at his sole expense, upon request of the Depart- ment. shall comply with said request. 29. Prevalling Wages: Construction. alteration, demolition, repair or main- tenance work performed under a per- mit Issued by the Department ofTrans- porlatlon may require the owner /per- mlttee to pay all workers employed by the contractor and subcontractors the appropriate predetermined prevailing wage rates as set by the Director of the Department of Industrial Relations. Sec California Labor Code. Division 2, Part 7. (commencing with section 1720). Streets and Highways Code. Chapter 3. Article 2 Section 671.1. and Opinion of the Attorney General of the State of California. No- 86 -803. dated December 31. 1986- Inquiries or requests for Interprel- ailons relative to the enforcement of prevail Ing wage mqulrcment should be directed to the Stale of California Department of Industrial Relations. 525 Golden Gate Avenue. San Fran- cisco. California 94102. DEPARTMFNT OF TRANSPORTATION (CALTRANS) Collected by ENCROACHMENT PERMIT RIDER DM -M -P -207 (REV 2182) Rider Fee Paid EXEMPT Date September 11, 1991 Permit No. (Original) 1290 -NMC -0082 Dlat/Co/RWPM 12- ORA- 1- 19.0/19.2 Rider Number 1291 -NRW -0555 TO: CITY OF NEWPORT BEACH P. O. BOX 1768 NEWPORT BEACH, CA 92659 -1768 ATTN: LLOYD DALTON DESIGN ENGINEER PERMITTEE In compliance with your request of AUGUST 9. 1991 we are hereby amending the above- referenced permit as follows: Date of completion extended to: NO CHANGE (.TUNE 30, 1992). reconstruct two driveways, construct A.C. pavement, curb, gutter and sidewalk as shown on the attached Permit Plans dated September 11, 1991. NO OTIIER CHANGES, Except as amended, all other terms and provision of the original pemtit &hall remain in Wcet DON PERUZZI- INSPECTOR Approved: cc: Orange Mice. (2) Accounting File 1290 -NMC -0082 By: DEPARTMENT, OF TRANSPORTATION (CALTRANS) STANDARD ENCROACHMENT PERMIT APPLICATION DM-M -P 201A (REV 1/901 PART 1 — IS%Lk.) -o( - la.o7(9,z_ Permission is requested to encroach ontAe Stale Hphway right olwayaslollows (Compkte allilemr NA If not applicable) Application is riot complete until all required attachmenla are included Location: City 1 I County 2 1 Route 3 1 Post Mile A 1 Date y�/ 5 # Newport Beach Oran a Hw 1 PCH ❑ COMMUNITYANfENNATV LANDSCAPING Address or Street Name 6 Cross Street (distance and direction Irom sae) 7 FOFVALTOONS U E Pacific Coast Highway 1 1800 to 2000 block 9 1 0 5 5 5 Portion of Right of Way 8 Northeasterly Parkway Work to be Pedormed By 9 ❑ Own Forces M Contractor Est Starting Date 10 Est Completion Date 11 Estimated Cost in Slate R/W 12 November 1991 Aril 1992 s 20,000-00 ❑ DITCH PAVING Max. Depth 13 Average Depth 14 Average Width 15 Length i6 SuAace Type 12 �N 17 EXCAVATION 2 Ft 2 FL 3 FL 300 FL AC Roadwa & PCC Sidewalk & Curb ❑ MAILBOX Type 18 Diameter 19 Voltage(PSIG 20 Product 21 PIPES DRIVEWAY OF ROAD APPROACH 1 1 FULLY DESCRIBE WORK WITHIN STATE RIM Allach complete plans (5 sets folded 8r/, IT III specs, calcsi maps, BIG, If applicable. Remove certain sections of curb, gutter and driveway. Excavate to subgrade elevation and compact subgrade. Construct curb, gutter and sidewalk to join existing curb, gutter and sidewalk. Construct 0.55' AC over 1.75' AB between gutters and sawcut joins to ex. pavement. (Note: this work extends work permitted under Caltrans Permit No. 1290 -NMC- 0082.) IS ANY WORK BEING DONE ON APPLICANTS PROPERTY? 11 •Yes'brltlly descdbe andarlach silt and grading plans.) 22 ❑ Yes U No IS A CITY, COUNTY OR OTHER AGENCY INVOLVED IN ENVIRONMENTAL APPROVAL? )t] Yes (Check Documentation type and attach approved copy) )C] Exempt ❑ K0. ❑ EIR ❑ No (Check the Category below which describes the prWect) ❑ SURVEY ❑ FENCE ❑ PARADES,CELEBRATKNIS ❑ MAINTENANCE OF EXISTING ❑ FLAGS, SIGNS BANNERS ❑ SINGLE FAMILY DWELL- ❑ COMMUNITYANfENNATV LANDSCAPING DECORATIONS ING DRIVEWAY SYSTEM . ❑ REGULA ofYWARNING ❑ TEMPORARY SIGNALS ❑ REMOVAL - REPLACEMENT ❑ EROSION CONTROL INFORMATION SIGNS ❑ PUBLIC UTILITY MODI- OF DISTINCTIVE ROADWAY ❑ AGRICULTURAL APPROACH ❑ DITCH PAVING FICATIONS EXTENSIONS MARKINGS ❑ MOVIE TV FILMING ❑ MODIFICATION HOOKUPS ❑ DITCH PAVING ❑ MAINTENANCE OF TRAFFIC ❑ SIDEWALK/GUrTERS ❑ MAILBOX '"OK OR TIOH,OR RESURFACING OF R OFF 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 23 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 phone Archite Engineer or Project Mgt. Phone City of Newport Beach 714 644 -3311 Lloyd Dalton 714) 644 -3311 Address (include city and zip code) 3300 Newport Blvd., Newport Be ch, CA 92663 Authorized Signature - Tille Design Engineer • FEE CALCULATIONS (For Caltrans Use Only) I I Cash I I Charge [' 1 Exempt I I Set Fee I I AS (Estimated) I I AX (Actual Cost) [ I Major Project EA ______ Calculated By. - - - Fee /Deposit ,Q� a. Bridge Toll (if Applicable) b. Review ( I Set Fee ( ( Calc Fee Estimated i Hrs @ $60 per hr Additional Rev & P.EER. Hours EA c Inspection [ II Set Fee [ ✓� Calc Fee Estimated Hrs @ $60 per hr EA______ d. Field Work I I Cal Fee TOTAL M • Surety Bond Required? Liability Insurance Required? NO Yes Amount S I I [ 1 [ 1 I 1 (�) (2) (3) Initial Deposit Due Addl Deposit Total Fee $ $ S $ $ $ $ s s S $ $ $ $ S 20, — Collected by: Collected by: Collected by: Initial Deposit Paid Addl Deposit Total Fee s s S NO Yes Amount S I I [ 1 [ 1 I 1 OCI'aR TF1C NT Or THAN6r0)�TATION <4ALTr�ANC) ENCROACHMENT PERMIT bH —H —P —?,OVA < REV 2/02 > In compliance with (check one): X Your application of JANUARY 17, 1989 Utility Notice No. Agreement No. R/W Contract No. TO: CITY OF NEWPORT BEACH r 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 ATTN; LLOYD DALTON of of of P�''mib Ne. 1289 -NMC -0066 Df �b /Co /116�/PH 12- ORA- 001 -19_�O Februa $EXEMPT B oral Am $ I , PERMITTEE 9, 1989 and subject to the following, PERMISSION IS HEREBY GRANTED to: enter State right of way at 2400 West Pacific Coast Highway, DRA- 001 - 19.30, between Tustin Avenue and Irvine Avenue in the City of Newport Beach,'to construct one catch basin with junction structure- connection to an existing storm drain system, all in accordance with current State Specifications, the attached Special Provisions and Permit Plans dated February 09, 1989. 1. Permittee shall notify the State Permit Inspector DON PERUZZI at 714/639 -6851 between 0700 and 0900 a minimum of three working days prior to the initial start of work, and one day prior to re- start. The follcning attachments are also included as part of this permit (Check applicable): X Yes General Provisions moYR. X No Utility Maintenance Provisions Y Yes Nm Special Provisions A, B, C, T -11 _ Yes _ No A Cal -OSHA permit required prior to beginning work: CONTINUED SHEET 2 In addition to fee the peraittee will be billed actual costs for: I Yes _ No Review I Yes _ Na Inspection X Yes Field Work (If any Caltrans effort expended) _ Yes X N.A. 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 DCTaH 15, 1989 This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No prviect work shall be commenced until all other necessary permits and environmental clearances have been obtained. DRANGE (2) APPRDUED: FIDWZZI ACCOUNTING KEITH E. McKEAN, District Director BY: � / ' ALFF v➢�F�D C. �IAANDv- , Assoc. District Permit Engineer CITY OF NEWPORT BEACH • # 1289 -NMC -0000 2. 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 and a $495 deposit 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. 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 February 09,1989 at the job -site at all times while work is being conducted. 3. Permittee shall arrange a pre- construction meeting with his contractors and the State Permit Inspector to insure a complete understanding of the work and the permit requirements. Permittee, his agents or contractors are bound by and shall comply with all the provisions of this permit and the instructions of the State Permit Inspector while performing any work authorized by this permit. 4. All traffic control shall be provided by the Permittee in accordance with State Standards and subject to the approval of the State Permit Inspector. Traffic shall not be diverted or interrupted without prior approval of the State Permit Inspector. California Highway Patrol Area Commander shall be notified at least 48 hours prior to implementing traffic control. ALL LANE CLOSURES ON MULTILANE APPROVED FLASHING ARROW SIGN. DOWN ANY PROJECT FOUND TO HAVE REQUIRED FLASHING ARROW SIGNS. HIGHWAYS SHALL BE MADE USING AN THE STATE INSPECTOR SHALL CLOSE SUCH A LANE CLOSURE WITHOUT THE 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. Unless otherwise authorized by the State Permit Inspector, the normal hours of traffic control shall be limited to the hours of 0930 to 1500 weekdays only. CONTINUED SHEET 3 2 E CITY OF NEWPORT BEACH # 1289 -NMC -0066 S. As directed by the State Permit Inspector and at no cost to the State, Permittee shall repair /replace all portions of the State highway damaged as a result of this work. S. Orange vests and hard hats shall be worn at all times while working within State right -of -way. 7. Pedestrian traffic shall be protected at all times. 6. Permittee shall install temporary fencing and /or K- railing around the work area as directed by the State Permit Inspector. 9. Care shall be exercised at all times to protect existing State facilities. Any damage resulting from work of this permit shall be repaired immediately by Permittee to the satisfaction of the State Permit Inspector at no cost to the State. 10. " BY ACCEPTANCE OF THIS PERMIT, THE PERMITTEE UNDERSTANDS AND AGREES TO REIMBURSE THE STATE FOR ANY AND ALL COSTS INCURRED FOR HAVING CORRECTIVE WORK PERFORMED BY STATE FORCES OR UNDER CONTRACT IN THE EVENT THAT THE PERMITTEE, HIS CONTRACTOR OR SUBCONTRACTOR FAILS TO INSTALL, REPLACE, REPAIR, RESTORE OR REMOVE FACILITIES TO STATE SPECIFICATIONS FOR THE IMMEDIATE SAFE OPERATION OF THE HIGHWAY AND SATISFACTORY COMPLETION OF ALL PERMIT WORK. IT IS UNDERSTOOD THAT THE ABOVE CHARGES ARE IN ADDITION TO ANY PERMIT FEES AND THAT THE PERMITTEE WILL BE BILLED FOR SAID CHARGES AFTER SATISFACTORY COMPLETION OF ALL PERMIT WORK " 11. Immediately following completion of the work permitted herein, the Permittee shall fill out and mail the Notice of Completion attached to this permit. 3 W OC a O J w z J J Q Y r a l ll� i I f I I I i I O I I I I I I ils I t t i ,90 I �® "ea I N I• I• I�• 1�. EK I� a I= Ia It I V 8 � ��s a I yy 5g j° �•iC Rg Ali �gg C is €j X11119$ At Psi , ia 4 fill ;091119a 1!ff it O W cc N >' O Z _ B ► � � � - = S' � p Z 1 S C Vi i JW = x �z oF- 0 m 1. LL W_ a0 7 x x R ~ �eeee I yy 5g j° �•iC Rg Ali �gg C is €j X11119$ At Psi , ia 4 fill ;091119a 1!ff it O Department of Transportation(Caltrans) SPECIAL PROVISION "A" (Attached to all Permits - 2 -82) 1. Permittee shall notify the State Representative between 0700 and 0900 three (3) working days prior to starting any work authorized by this permit. See the face of the permit for Representative's telephone number. 2. Permittee shall arrange for a pre - construction meeting at the job site with the.State Representative and all other interested persons three (3) working days prior to starting work, to discuss the permit requirements. 3. In the event that all or a portion of this work is within the working area of a State highway construction project, no work shall be started until all arrangements have been made with the State Contractor and Resident Engineer to avoid any and all conflict or delay to the State Contractor. 9. Unless otherwise authorized by the State Representative all work within State right -of -way shall be in accordance with the current Caltrans Standard Specifications and Standard Plans. The Uniform Building Code may be used as the minimum specification'unless a more stringent specification is required by the local agency, permit or State Representative. Improvements shall be constructed at the location shown on the , Permittee's approved plans if they do not conflict with State requirements. 5. Should there be any discrepancy between the terms of this permit and the plans attached hereto, the terms of the permit shall r prevail. b. All inspection costs incurred incidental to this work shall be borne by the Permittee. 7. All work shall be performed during the working hours regularly assigned to Department of Transportation employees unless otherwise authorized in writing. 8. All costs incurred for work within State right -of -way pursuant to'i';•.. this Encroachment Permit shall be borne by the Permittee, and Permittee hereby waives all claims for indemnification or contribution from the State for such work. 9. Upon completion of work, Permittee shall clean the highway and the work area shall be left in a neat and presentable condition and to the satisfaction of the State Representative. 10. A minimum walkway and /or bike path width of 30 inches must be maintained at all times for safe passage through the 'work area. 11. Any work authorized by this permit which requires traffic diversion and /or traffic interruption, including sidewalks and bike paths, shall.be approved by the State Representative. See the face of the permit.for Representative's telephone number. Department of Transport on (CALTRANS) • Special Provision "A" (Attached to all Permits - 2 -82) Page 2 12. Unless otherwise authorized by the State Representative, the normal traffic control shall be limited to the hours of 0900 to 1500 and open for use by public traffic on Saturdays, Sundays, designated legal holidays and after 3:00 P.M. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress on working days. 13. Designated legal holidays are: January 1st, and third Monday.in February, the last Monday in May, July 4th, the first Monday in September, November 11, Thanksgiving.Day, and December 25th. When a designated legal holiday falls on Saturday, the preceding Friday shall be a designated legal holiday. 14. The Permittee shall provide adequate protection of.traffic in accordance with the current traffic control requirements of the Department of Transportation (Caltrans), the Standard Specifications Section 7 -1.08 (Public Convenience), Section 7 -1.09 (Public Safety) and Section 12, (Construcion Area.Traffic Control Devices), and special provisions of the permit. The condition and location of other traffic control devices shall be approved by the State Representative and installed and maintained by the Permittee in accordance with the permit. All cones shall be 28 inch minimum:height. Portable delineators used in lieu of cones shall be placed at one half the spacing for cones. All advance warning signs shall be 48 inch x 48 inch minimum for approach speeds of 45 MPH or more on two lane highways with traversable control and for approach speeds over 50 MPH on multiple lane directional half-roadway and lane closures. At all other .. speeds all warning signs shall be 36 inch by 36 inch minimum except that "ROAD WORK AHEAD" ( "C -23") shall be 30 inch by 30 inch minimum. During the hours of darkness all necessary cones used for lane delineation shall be illuminated or reflectorized for approach speeds through 50 MPH. All flagpersons. shall be trained and their sole duty will be to control traffic. They shall wear white hard hats, orange vests or jackets, and have an approved slow /stop paddle. They shall be intervisable or be in communication via 2 -way radio. During the hours of darkness the vest or jacket shall be reflectorized, flagman stations shall be illuminated such that the flagman will be clearly visible to approaching traffic and all necessary cones used.for lane delineation shall be illuminated or reflectorized for approach speeds through -50 MPH. 15. The signs used for traffic control shall either be covered, emoved from the right -of -way, or turned to face away from traffic when not actually in use. 16. All lane closures on multilane highways shall be made using an approved flashing arrow sign. The State Inspector shall close down any project found to have such a lane closure without the required flashing arrow signs. Department of Transpor on (CALTRANS) • Special Provision "A" -- (Attached to all Permits - 2 -82) Page 3 17. The Permittee shall notify the Dept, of Transportation Electrical Maintenance office at 213- 620 -2030, at least 72 hours in advance of any excavation within 500 feet of a signalized intersection or in the vicinity of State lighting facilities. The Permittee and /or his contractor assume the responsibility for the payment of all costs incurred by the State in repairing facilities damaged during construction. Requests for relocation of facilities for the contractor's convenience must be made in writing with the contractor assuming costs. 18. Existing utilities shall be protected from damage by Permittee. 19. Existing highway facilities damaged by reason of the Permittee's operations shall be repaired'by the.Peimittee at his expense.. 20. Permittee shall be responsible for notifying his contractor and all sub - contractors of the provisions of this permit.. No work will be started until a copy of this permit is given to the contractor and each of his sub - contractors. 21. The Permittee,and /or the contractor shall submit a copy of all required Cal "Osha "permits to the State Representative prior to starting work. 22. This permit shall be kept at the site of the work and must be shown to any representative of the grantor or law enforcement officer on demand. Failure to comply may require stoppage of all work within State right -of -way for a minimum of the remainder of the working day. 23. All lane and pavement markings shall be removed by sandblasting or air blasting. 24. Placement of pavement and lane markings shall be done by the Permittee under the direct supervision of the State representative in the field. 25. A survey "at no cost to the State" of the Permittee's property may be required to verify compliance to approved plans. 26. Should work take place between October 15 and April 15, Permittee shall obtain a long -range clear weather forecast before breaking into a main line storm drain. Construction of facilities connecting to the main line will be permitted only during a clear weather forecast that is acceptable to the Caltrans representative. Once operations under this - permit are initiated, the work shall be conducted in a continuous manner until completed. • - Department of Transportation (CALTRANS) Special Provision "A" (Attached to all Permits - 2 -82) Page 4 27. Abandoned connector pipes shall be sealed at both ends with an 8 -inch brick and mortar or six inches of concrete. When facilities are allowed to be abandoned in place, backfilling with sand, or other measures, may be required to protect the highway. This is mandatory for metal pipes 12" in diameter or larger and all other pipes 24" in diameter or larger. 28. All inlet openings shall be provided with protection bars spaced to provide an opening that does not exceed six inches. 29. Permittee shall not use Caltrans property for the temporary or permanent storage of excavated materials, rock, sand, cement or other material or any equipment, except as specifically noted. Department of Transportation(Caltrans) STANDARD SPECIAL PROVISION "B" - (STREET IMPROVEMENTS) 7/84 I. This Special Provision sheet "B" and its attachments are to be used as minimum specifications for construction of sidewalk, curb and gutter, roof drains, and wheelchair ramps at the location shown on Permittee's approved plans. II. SIDEWALK 1) Sidewalk shall be constructed with Class "A" (6 sack) Portland Cement Concrete four (4) inches in depth except at commercial driveways where six (6) inch depths respectively, will be required. 2) The subbase under the sidewalk shall be 4" of pea gravel or. sand subbase. The 4" of subbase may be waived provided the native soil has a minimum sand equivalent value of 20 as determined by California Test Method 217F or as determined by the Permit Inspector. 3) A Caltrans approved soil sterilant shall be applied as directed by the State representative in the field. The sterilant shall be a borate chlorate sterilant containing not less than 25 percent sodium chlorate. The sterilant shall be applied at a rate such that not less than 2.5 pounds of sodium chlorate is applied per 100 square feet of area to be sterilized. Sterilant shall not be applied closer than 12 inches to plants and shall be applied by a device approved by the Engineer. 4) The finished grade of sidewalk shall have a crossfall of 1/4" per foot toward the curb. The surface of sidewalks shall be marked into rectangles of not less than 12 square feet nor more than 20 square feet with a scoring tool which will leave the edges rounded or scored to matching adjoining sidewalk. 5) Back edge of sidewalk shall be placed on the right of way line. Sidewalk width shall be a minimum of 5 feet. 6) Section of existing concrete sidewalks to be removed shall be sawcut on the nearest score marks beyond the limits of removal unless it is within 5' of an expansion joint. This concrete shall be removed to the sawcut line or the expansion joint to full depth and disposed of outside the State right of way. III. CURB AND GUTTER 1) Unless otherwise authorized by the permit, curb and gutter shall be Caltrans Standard A2 -8. Curb and gutter shall be constructed with class' "A" (6 sack) Portland Cement Concrete over a minimum of 6" class II aggregate base. 2) Concrete curbs and gutters shall be constructed to plan grade or in conformance with alignment and grade of existinq curb and gutter. -z- Department of Transportation(Caltrans) STANDARD SPECIAL PROVISION "B" - (STREET IMPROVEMENTS) 7/84 continued 3) Prior to the removal of existing curbs or construction of new curbs, the Permittee shall relocate surface obstructions (such as utility poles, trees, etc.) to locations back of the proposed curb. Surface obstructions shall also be relocated fifty (50) feet before beginning of curb obstruction and one hundred fifty (150) feet beyond the end of curb construction for safe traffic movement. 4) Sections of existing concrete curbs and gutter to be removed shall be sawcut on the nearest score marks beyond the limits of removal unless it is within 5' of an expansion joint. This concrete shall be removed to the sawcut line or the expansion joint, to full depth and disposed of outside the State right of way. 5) A monolithic pour of sidewalk and curb and gutter shall not be permitted. 6) Asphalt, colored concrete, flagstone, brick, tile or gravel :materials are unacceptable unless otherwise authorized by the permit. 7) In the event that the Permittee removes or damages a monolithic curb return and spandrel, the Permittee shall remove and replace the entire curb return and spandrel. IV. ROOF AND SURFACE DRAINS Drains must be restricted to the exclusive purpose of draining rainwater from the roof of Permittee's building and /or paved parking lot. Drains if used for any other purpose, such as draining waste water or domestic supply water onto the highway, will not be authorized. Drains shall be installed at right angles to the curb line unless otherwise authorized. No more than (2) pipe drains shall be installed at each location. If additional drains are necessary, the Permittee shall construct a box structure approved by the permit. V. WHEELCHAIR RAMPS Wheelchair ramps shall be constructed in accordance with the attached detail sheet N8 -B "Wheelchair Ramps ". TYPICAL SECTION curb gutter and sidewalk 4 "n ragq�regatte ° 8" min n l.� egae base ° w A subbase w n I variabl- 5' l 1 R/W Line min A >idewal 4" case , I44" 1 DFPkItTAENT OF TRANSPORTATION S) EE ENCROACM VT V T D1: - \1- °202.% (REV 2iss) In compliance with: Your application of APRIL 3. 1991 THIS PERMIT EXPUU -S .TUNE 30, 1992. "CONTRACTOR'S DEPOSIT = $300.00 TO: Permit No. 1291 -NRM -0258 DiWCo1RWPM 12 -ORA -1 -19.0 D.te: June 24, 1991 Fee Paid Deposit $ EXEMPT $ cs Bond Amotmc NA Bend Company: Bond Number. CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 ATTN: LLOYD DALTON DESIGN ENGINEER PERMITTEE and subject to the following, PERMISSION IS HEREBY GRANTED to: construct access ramps at the existing P.C.C. driveway to the Balboa Bay Club at 1601 West Pacit-ic Coast Highwav (ORA -1) in Newport Beach, all in accordance with current Caltrans Standard Specifications,Caltrans Standard Plans and Permit Plan dated JUNE 24, 1991. Permittee shall notify State Permit Inspector DON PERUZZI at 714/954 -0519 between 7 AM and 9 ANl a minimum of two working days prior to the start of work. (Continued on Sheets 2 & 3) foLou,ug arach:.lnts srz also included pact of ibis In addition to fee the petmtCee will be I xrnutflltc;k s ^.p:i,�biel: billed aeon! cmts for. _— N.. . \ISr.:.'tvvcc Ptovisioos Ye. X No Review -i es _ So Scci:,i Previs.w SEE SHEETS 3 B 3 Yea N No inspection e., �'o .% �i -US: �q- petmit is rtquved prior to beg' X Ye+ No Field Worthy Cabana Mtee fom" N, :'.1- :f ns_ -r is the eovuoernmW doc.t by beeo nwiewed and _waiderW prior to appr ttl of this permit. s '• :td � "e 'i'ork it -.0e ed before jUn 30. 1992 . This permit is to be stricdy ccos=d and no work other than grecirwally r_n�onca :s 'xrcv,+ u.�t.+rvtd. No project work shag be coomuaced tmtil W other =wsary permits and eavuonmeyW ekarmcea have beco obtained. Distnbu:i,m: Approved: DON PER'=:.:N' P- C:OR RUSSELL 0. LIGHTCAP, District Director .ir.utu; BY: . WIII.FR G. BENGTSON Ir., District Permit Fnginrcr . '> CITY OF NEWPORT BF* 12*RM -0258 If the work authorized by this permit is to be performed by contractors forces, 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. Permittee's Contractor will be required to pay a deposit of $300.00 estimated for inspection costs and to reimburse the State for the actual costs incurred for engineering inspection of the work within the State right of way and other permit - related field work performed by Caltrans Maintenance Forces. In addition to the attached General Provisions, form DM- M- P- 202B,the following Special Provisions are applicable: 1- Permittee shall arrange a pre - construction meeting with his contractor(s) and the State Permit Inspector to insure a complete understanding of the work and the permit requirements. 2- All traffic control shall be provided, installed and maintained by Permittee in accordance with State Standards and subject to the approval of the State Permit Inspector. All work which requires traffic control shall only be performed on weekdays between 9 AM and 3 PM. 3- California Highway Patrol Area Commander, and OCTD DETOUR COORDINATOR at 714/638 -9000. extension 4130, shall be notified at least 48 hours prior to implementing traffic control which requires lane closures. 1 All traffic control which requires lane closures shall be in compliance with the appropriate STANDARD PLANS traffic control plan. Where required by the plan, the use of a -,lashing arrowboard is MANDATORY. Oran ge tests and hard hats shall be worn at all times while working within State right -of- way. 6- A minimum of two working days prior to the start of any excavation authorized by this Permi , Permittee shall notify UNDERGROUND SERVICE ALERT at 1 -800- 422 -4133. In inc _-vent of any discrepancy between the Permit Plans submitted by the permittee and hose Spe-'al Provisions, the Special Provisions shall prevail. r�xis-'r.tz State facilities, including the storm drain system, shall be protected in place. facilities damaged as a result of this work shall be immediately ;_,wired -eplaced to the satisfaction of the State Permit Inspector, at no cost to the State. Suf:icien.t measurements shall be obtained to verify that the access ramps can be constru: ed to State standards. i0 =1: ono sed curb, gutter driveway section and access ramps shall be constructed with 6 -sack P.e .C. over 6 inches of compacted Class 2 aggregate base. (Continued on Sheet 3) CITY OF NEW BEACH • 1291 -NRM -0258 �t ry I ! - All new concrete shall be constructed to the nearest score marks /expansion joints. 99- Immediately following completion of the work permitted herein, Permittee shall fill out and mail the attached postcard. ,.x RW • • • TO: FROM SEP c 1991 City Council Public Works Department SUBJECT: ROCKY POINT RETAINING WALL (C -2687) RECOMMENDATIONS: September 9, 1991 CITY COUNCIL AGENDA ITEM NO. F -11 1. Affirm the Negative Declaration of Environmental Impact and the Categorical Exemptions of Environmental Impact. 2. Approve the plans and specifications. 3. Authorize the City Clerk to advertise for bids to. a ®d••at.:.11.0:00 A.M_..on..October 3, 1991. 4. Authorize the Mayor and City Clerk to execute an Easement Agreement between the City and William and Beverly Ray which provides for an easement to construct the retaining wall and anchor system. 5. ✓ Authorize the Mayor and City Clerk to execute a C _z ?0(0 j Supplemental Agreement with Tom Van Sant to provide for compensation to complete the retaining wall intaglios. DISCUSSION: The current budget contains 2 appropriations carried over from FY 91 -92 for improvements along the north side of the 1900 block of Pacific Coast Highway (PCH) at "Rocky Point ". The first appropriation of $400,000 provides for the construction of approximately 300 linear feet of curb, gutter, sidewalk and retaining wall. The sidewalk will be 6 feet wide, and will fill -in one of the last remaining sidewalk gaps along the north side of PCH within the City. The retaining wall will be built approximately 6� feet behind the sidewalk and will range from 6 feet to 16 feet in height. The wall will be located mostly within a 10 foot -wide strip of private property, as shown on the attached Exhibit "A ", which has been reserved by license agreement for construction of a retaining wall. The location of the wall will allow for a future 6 foot widening along the northerly side of PCH, if desired,as shown on the attached Exhibit "B ". 0 • Subject: Rocky Point Retaining Wall (C -2687) August 26, 1991 Page 2 • The second appropriation of $100,000 provides for artistic services and aesthetic treatment for the front face of the wall. Sculptor Tom Van Sant, has performed such services for the Newport Center Branch of Bank of America, the Pacific Coast Highway /Avocado Branch of Bank of Newport, the City of Inglewood Civic Center, the Mission Viejo Presbyterian Church and others. In addition to the artistic services already provided, Mr. Van Sant will carve the sculptures and assist with the wall panels throughout construction to assure that the aesthetic treatment is acceptable. A supplemental agreement for the Artist is discussed at the end of the memo. A lighting system to illuminate the sculptured wall panels at night is included in the contract work. Upon completion of contract work, landscape materials and an irrigation system will be installed above and in front of the new wall by City forces. In addition to the wall and street paveout construction • mentioned above, the following construction items, which will be built nearby the retaining wall, will be included as a portion of Contract No. 2687: 1. Storm drain inlet in to 2400 block PCH (fuse parcel) - Storm drain pipes were installed across PCH approximately 5 years ago in anticipation of the construction of an upstream storm drain. The upstream construction has been delayed due to the City's inability to conduct reasonable negotiations with the owner (Susan Cuse) of the upstream parcel through which the storm drain was to be built. Staff desires to construct only the PCH inlet portion of the upstream storm drain. The inlet will intercept surface drainage from the upstream parcel and from the northerly gutter of PCH, and will be built entirely within State right -of -way. A City water main will have to be lowered to clear the proposed inlet. The estimate for this • construction is $35,000. 2. Sidewalk in 2000 block PCH (Ardell parcel) - At present there is no sidewalk across the Ardell frontage. The owners have agreed to reimburse the City as much as $1,452 to construct the estimated 380 square feet of sidewalk. The estimate for this construction is $1,500. Subject: Rocky Point Retaining Wall (C -2687) August 26, 1991 Page 3 • 3. Sidewalk in 1800 block PCH (Beverly's Antiques parcel) - At present there is no sidewalk across a portion of the frontage. The owners and City staff have agreed to include the estimated 285 square feet of sidewalk construction into the overall agreement for the City's permission to construct retaining wall tieback anchors within the owner's parcel, but outside of the 10 -foot wide retaining wall area. The estimate for this sidewalk construction is $1,150. 4. Curb access ramps in 1601 PCH block (Balboa Bay Club parcel) - At present there are no curb access ramps adjacent to the seldom used westerly vehicular access to the Bay Club. The ramps were requested by a resident approximately 6 months ago. The ramp construction will eliminate the last wheel obstacle along the southerly PCH sidewalk between Newport Boulevard and Corona del Mar. The estimate for this construction is • $8,000. A Negative Declaration and 3 Categorical Exemptions of Environmental Impact have been prepared by staff and approved by the Environmental Affairs Committee. Upon affirmation, the Exemptions and the Declaration will be filed with the County Clerk. Staff has also obtained a Coastal Development Permit for the wall from the California Coastal Commission and 3 Encroachment Permits from Caltrans. Under the terms of the Encroachment Permits, work which requires lane closures must be completed prior to next summer. Staff anticipates that all work may be accomplished by eliminating the median area and shifting traffic lanes to the southerly side of PCH in the vicinity of the wall construction. Westbound left turn movements into the Sea Scout Base, the Orange Coast College Crew and Sailing Base, and Bayport Yacht Sales will most likely be eliminated for the duration of the lane shift. • Plans, specifications and geological testing for the project were initiated during February of 1989 by California Civil, Inc. and Converse Consultants Orange County. The consultants' work was reassigned to William M. Simpson & Associates this spring when California Civil requested to be Subject: Rocky Point Retaining Wall (C -2687) August 26, 1991 Page 4 • relieved from redesign. Simpson's estimate for the wall is $397,000, plus mobilization and traffic control costs. However, because of the unusual nature of the project, bids may be tendered which are substantially higher. In addition, curb, gutter and drive apron reconstruction at the ends of the wall to effect acceptable drainage is estimated at $7,750. Together with the 4 nearby items of work described earlier, the total estimated contract amount is $480,000. Adequate funds to award a contract of this amount are contained in the retaining wall construction account, the Storm Drain Improvement Program account, the E1 Modina Storm Drain Inlet account, the Curb and Gutter Replacement Program account, and the Water Main Replacement Program account. All work at the wall site should be completed within 75 consecutive calendar days, but no later than April 10, 1992. The retaining wall is being constructed in a 10 -foot wide area that was originally granted to the City in the early 70's through a license agreement. During the design of the wall, it was found that it was impractical and too expensive to provide a wall foundation • and footing that could be confined to the 10- foot license area. The wall has been redesigned and will be supported by a tie -back anchor system. The tie -back anchors will be spaced at 11 foot intervals and go 30 to 50 feet into the slope. The current owners of the property are William and Beverly Ray. An Easement Agreement has been negotiated with the Rays and the major provisions include: 1. The Rays will grant the City a 10 foot easement for the wall construction, a subsurface easement for the tie -back anchor system, and a construction easement for the project. 2. The City will complete the curb, gutter, sidewalk and street paveout improvements that would normally be the responsibility of the adjoining property owners. The City also agrees that the buildable area of the property will not be affected by this project; and also agrees that the • City will not impose conditions on the property based on this Grant of Easement or the improvements constructed. 3. The agreement also includes clauses on maintenance, landscaping, indemnity and maintenance access. Subject: Rocky Point Retaining Wall (C -2687) August 26, 1991 Page 5 • In January 1991 the City and the Artist, Tom Van Sant, entered into an agreement for the Artist to create an aesthetic treatment for the face of the Rocky Point retaining wall. At the June 10, 1991, Study Session, a verbal presentation was made for the design that was recommended by the staff and the Mariners Mile Businessmen's Association. The attached Exhibit "C" shows the wall with the flying pelican intaglios that was presented. The large rendering will be on view in the City Council Chambers. At the Study Session, the Council reviewed the concept and indicated that the staff should proceed with the presented design. The Artist Agreement provided for the fee for the design phase, and required a supplemental agreement for the implementation Phase II (carving the sculptures) and the construction Phase III. The agreement has the stipulation that the total fee cannot exceed $100,000. The supplemental agreement provides for a fee of $33,333 for Phase II and $33,334 for Phase III. The Artist has • been paid $33,333 for the Phase I design. His total fee will be $100,000. The funds for this agreement have been appropriated and are availabe from the General Fund. The supplemental agreement needs to be approved at this time to allow the Artist to proceed with his work to make sure the intaglio sculptures will be ready when the contractor is ready to construct the wall panels. )� ANolan Benjamin Public Works Director LD:so Attachments • 0 C C 11 D NZWORT BMCB INPOBINSION SYSTEM PUBLIC UONBS DBPMTSSNT "WGS ROAD s epo�lACE �pCTI H "�.yp 3jq•8g. �4 ; �q0. �. pptt o , AER� co q3 'U11 TRAC 1210 1. �'i 66 o 64 •R W N �lG'�1 �i9� tj�FNs e NEW RETAINING WALL EASEMENT AREA ROCKY POINT RETAINING WALL LICENSE EXHIBIT "A" :7 0 ,r 1 u _ •_ Sty L/vr -AL-_ 4 I� r � I � l I � - I � a g o° I I o w cm W I U3 I N I � W I I I I I y �'1 io -- - - - -- —� ROCKY POINT io NLy R/W L� CITY OF NEWPORT BEACH 0RA1NM mAxx D' Q "'s° PUBLIC WORKS DEPARTMENT M *RMD ROCKY POINT "11C 1N0"� , 110 C101 RETAINING WALL SECTIONS m *s w EXHIBIT "B" v • • 99 E ms's e r -1 r gY Z 0 u :ic O 0 EXHIBIT "Cl, • JJUtr R Li i !�i �^.�iin � � RECORDING REQUESTED BY: F'ii AND WHEN RECORDED MAIL TO: ) _.._..— EASEMENT AGREEMENT This Easement Agreement ( "Agreement ") dated this go of MOVE MB E , 1992, for purposes of identification, be City of Newport Beach ( "Grantee ") and William D. and er Ray, husband and wife as Community Property (c ecti "Grantors ") is made with reference to the following: RFCEI R E C I T A L S APR 1 1993 M COQ A. Grantors own the real property and structures ( "Property ") commonly known as 1730 -1900 West Coast Highway, Newport Beach, California. The Property is legally described -on Exhibit "A" and depicted on Exhibit "B ". B. On September 10, 1971, the Newport Beach Planning Commission approved Resubdivision No. 314 which combined two parcels into the Property. The approval was subject to a condition that required Grantors' predecessors to give Grantee the right to construct a retaining wall adjacent to the north side of the right of way for West Coast Highway and immediately adjacent to the southwesterly boundary of the Property. C. Grantee and Grantors entered into a License Agreement ( "License ") to satisfy this condition to resubdivision number 314, and the License was recorded in Book 10297, Page 1 of the Official Records of Orange County. D. Grantee has retained an artist who has designed an intaglio wall that will depict a series of pelicans in flight as shown on Exhibit "C." The intaglio wall, which costs $100,000.00 more than a standard retaining facility, will be a distinctive, unique, and attractive art form that will enhance the value of the Property. Y ( Rer rdpd :T !!FrCrO: Cit Y Clerk ) rcrd CT Ora; 3e •:-ty, �;,,, ,,,.. City of Newport wp ort Beach ) t•io. 3300 Newport Boulevard a# r , �' °" P.O. Box 1768 ) j.g;: i Newport Beach, CA. 92659 -1768 ) Attn: Public Works Dept. Use) (Space Above for Recorder's EASEMENT AGREEMENT This Easement Agreement ( "Agreement ") dated this go of MOVE MB E , 1992, for purposes of identification, be City of Newport Beach ( "Grantee ") and William D. and er Ray, husband and wife as Community Property (c ecti "Grantors ") is made with reference to the following: RFCEI R E C I T A L S APR 1 1993 M COQ A. Grantors own the real property and structures ( "Property ") commonly known as 1730 -1900 West Coast Highway, Newport Beach, California. The Property is legally described -on Exhibit "A" and depicted on Exhibit "B ". B. On September 10, 1971, the Newport Beach Planning Commission approved Resubdivision No. 314 which combined two parcels into the Property. The approval was subject to a condition that required Grantors' predecessors to give Grantee the right to construct a retaining wall adjacent to the north side of the right of way for West Coast Highway and immediately adjacent to the southwesterly boundary of the Property. C. Grantee and Grantors entered into a License Agreement ( "License ") to satisfy this condition to resubdivision number 314, and the License was recorded in Book 10297, Page 1 of the Official Records of Orange County. D. Grantee has retained an artist who has designed an intaglio wall that will depict a series of pelicans in flight as shown on Exhibit "C." The intaglio wall, which costs $100,000.00 more than a standard retaining facility, will be a distinctive, unique, and attractive art form that will enhance the value of the Property. Y • i E. The long term stability of the intaglio wall can be assured by construction techniques which involve tie -backs set on the Property and outside of the boundaries of the License Agreement. Moreover, Grantors would like a portion of the wall landscaped and this will require the easterly end of the wall to be relocated slightly to the north and east of the location specified in the License. F. Grantee and Grantors intend this Agreement to facilitate construction of the intaglio wall in a manner that will insure long term stability, to provide for Grantee's maintenance of all its improvements and landscaping installed on Grantors' Property, and to minimize the impact of this grant of easement on the right of Grantors to develop the Property. NOW, THEREFORE, in consideration of the above Recitals, the parties agree as follows: 1. Grant of Easement. Grantors hereby grant to Grantee: a. An easement for the construction, reconstruction, repair, installation and maintenance of a retaining wall and appurtenances, surface and subsurface drains, landscaping, and a concrete pedestrian walkway across the following portion of the property: the strip of land ten feet in width, along the southwesterly boundary of the northwesterly 220 feet and the strip of land 18 feet in width along the southwesterly boundary of the southeasterly 20 feet of the northwesterly 240 feet of the Property as described in Exhibit "A" and depicted on Exhibit "B" ( "Wall Easement "). b. A subsurface easement to install, reinstall, repair and maintain permanent tie -back anchors perpendicular to the retaining wall at approximately 11 feet on center, or similar support equipment, on the northwesterly 240 feet of the Property as described in Exhibit "A" and as depicted on Exhibit "B" ( "Subsurface Easement "). C. A temporary easement for the purpose of constructing or installing the retaining wall, constructing the tie -back anchors and any related surface or subsurface support structure, surface and subsurface drains, landscaping, and pedestrian walkway over the northwesterly 240 feet of the Property as described in Exhibit "A" and as depicted on Exhibit "B" ( "Construction Easement "). 2 E 6 2. City Commitments. Grantee shall: a. Grantee shall, at no cost to Grantors: (i) Construct a retaining wall with flying pelican intaglios in conformance with the specifications and drawings collectively known as R- 5594 -S, with construction of the wall to commence no later than February 1, 1992, with construction to be diligently pursued until completion, such that all construction is concluded within 180 days from commencement; (ii) Construct street improvements along that portion of the Property adjacent to West Coast Highway that would normally be the responsibility of Grantors including, without limitation, curb, gutters, sidewalk, drive approach modifications, and street pave -out; (iii) Construct, between the two existing driveways, planter areas between the sidewalk and the existing parking lot, and between the sidewalk and street curb; (iv) Cooperate with Grantors in the development of a mutually acceptable landscape plan for the easterly end of the retaining wall, with a large eucalyptus tree currently in the parkway to remain in place, with Grantee and its agents to use their best efforts to protect the tree from damage during construction. b. Pay all costs associated with the construction of any public improvements, the removal and disposal of any soil or substance removed from the property, and the repair of any damage to, or restoration of, any portion of the Property. C. The buildable area of the Property shall be unaffected by this grant of easement. Grantee shall maintain all landscaping within the Wall Easement in good condition and at its own expense. Grantee shall maintain the retaining wall and associated support structures by accessing the rear of the retaining wall from the west side of the Property. The Property subject to this grant of easement, including any areas in which Grantee's improvements have been constructed or installed, shall be included in the calculation of permitted floor area, the determination of setbacks, and the determination of gross lot area. The height of any structure proposed on the Property shall be based on original grade with no deduction or increase based upon changes in grade resulting from the construction of improvements by Grantee. Grantee shall not impose any conditions on development of any portion of the Property based upon this grant of easement or the construction of any permitted improvements, provided, however, any such development shall not interfere with Grantee's rights pursuant to this Agreement. 3 • 6 d. Grantee shall keep all of its improvements within the easement area in good condition and repair. Grantee shall maintain all landscaping in good condition and at its own expense. e. Grantee shall defend, indemnify and hold harmless Grantors and their trustees, officers, employees, agents, representatives, and successors in interest from and against any property damage or personal injury that may arise out of, or is in any way related to, entry upon the Property pursuant to this Agreement, the construction, reconstruction or repair of any improvements installed pursuant to this Agreement, any maintenance of the improvements, and any public use of improvements constructed by Grantee. 3. Term. This grant of easement shall continue in perpetuity and neither party shall have the right to terminate this Agreement. Grantee shall have the right to abandon the easement pursuant to the provisions of Section 8300 et. seq. of the Streets and Highways Code or any similar provision of law. 4. Successors In Interest. The rights and duties of Grantors and Grantee pursuant to this Agreement shall inure to the benefit of, and bind, their heirs, assigns, and successors in interest. 5. Termination of License. The License as it pertains to the Property shall terminate as of the date the retaining wall is completed. Grantee shall, at Grantors request, prepare and record documents in addition to this Easement Agreement if deemed necessary to effectively terminate the License as it pertains to the property. 5. Specific Performance. The parties acknowledge that the size, nature and scope of the improvements to be constructed by Grantee and the practical impossibility of restoring the Property to its natural condition once construction of those improvements has begun, render monetary damages and remedies at law inadequate, and that specific performance is the only appropriate mechanism for the enforcement of rights and duties arising from this Agreement. Accordingly, the parties agree that specific performance or, in the alternative, a writ of mandate, shall be the sole and exclusive remedy available to either party in the event of a default, or alleged default, by the other. 7. Notice. Any notice or demand which shall be required or permitted by law or any provision of this Agreement 4 • • shall be in writing and shall be deemed served if personally delivered to the party, deposited in the United States mail, certified, return receipt requested, postage prepaid, or if delivered by overnight courier with courier charges prepaid. All notices or demands shall be addressed as follows: "GRANTEE" City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Attn: City Engineer City Attorney "GRANTORS" William D. and Beverly Ray 1221 West Coast Highway Newport Beach, CA 92660 8. Transfer. Grantee shall have the right to transfer or assign its rights pursuant to this Agreement to another public entity at any time without prior written consent of Grantors. 9. Exhibits. The following documents are attached and incorporated by reference: Exhibit "A" - Legal description of Property. Exhibit "B" - Depiction of Property. 10. Entire Agreement. This Agreement contains the entire understanding of the parties hereto and supersedes any other prior agreements, both written and oral, between Grantors and Grantee concerning the subject matter. Grantee shall, at Grantors, request, execute any document that would affect termination of the License Agreement. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed or incorporated by reference herein. 11. Construction. This Agreement has been drafted after extensive negotiation and revision. Both Grantors and Grantee are sophisticated parties familiar with transactions of this nature. Grantors and Grantee agree and acknowledge that the terms of this Agreement are fair and reasonable, given their respective goals and objectives. Accordingly, this Agreement shall be construed in accordance with its fair meaning and no principle or presumption of contract construction or interpretation shall be applied in favor of, or against, either Grantors or Grantee. 5 12. Authority to Execute. The persons executing this Agreement on behalf of Grantee warrant and represent that they have the authority to execute this Agreement on behalf of the City of Newport Beach and further warrant and represent that they have the authority to bind Grantee to the performance of its obligations. 13. Recordation. This Agreement and any amendment or modification shall be recorded in the office of the County Recorder of the County of Orange or the City Clerk. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective as of the date first written above. GRANTEE: CITY OF NEWPORT BEACH, a Municipal corporation GRANTORS, as Husband and Wife, as Community Property: ATTEST: City Clerk kr /ray.agt /9 -12 -91 By: Mayor By: "" �Glalyfn N �c William D. Ray By: `C B verly K Ray s12- 7 0 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this day of /Lft,"— in the year 19y—:�' before me, the undersigned, a Notary Public in and for said State, personally appeared PHIL SANSONE and WANDA RAGGIO, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature(s) on the instrument the person(s) , the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (h't-" Notary blic STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) 'o Or z SERI green *uy OFFI1 SEAL DWI BY 1. PAI�W m NOTARY FL&X . CAL4°ORNW ORANGE COMTY MY Comm. Ex0es "25, 199.1 On this 3 G day of in the year 1991, before N ar Public me, the undersigned, a y in and for said State, personally appeared WILLIAM D. RAY and BEVERLY K. RAY, husband and wife, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature(s) on the instrument the person(s) , the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. o ry Public 7 [SEAL] Ll EXHIBIT "A" 1--li Those portions of Lot 171 of Irvine's Subdivision and Tract No. 1210, shown as Parcel 1 on a map recorded ir. Book 59, Page 6 of Parcel Maps, records of Orange, County, California. .7(,4 "1,, co TRp�FNy N 371 88 Gs �✓° A 2 �NP T N NEW RETAINING WALL EASEMENT AREA HI iR3°II° NEWPORT BEACH INFORMATION SYSTEM PUBLIC NOPRS ➢>l+anTYVPT "wGs ROAD 9. 7WA4 1210 65 : o £R o ty� , 64 •R• W Ayr "Se ROCKY POINT RETAINING WALL LICENSE EXHIBIT "B" C �6 . E y9 T1 d. Q i yi �p e� p4p� p[ 0 F. jb W � J J Q 3 ca z Z a F- w s z 0 a Y U O 0 EXHIBIT "C" 0 RECORDED REQUESTED BY: ) AND WHEN RECORDED MAIL TO: ) City Clerk ) City of Newport Beach ) 3300 Newport Blvd. ) P.O. Box 1768 ) Newport Beach, CA 92659 -1768 ) Attn: Public Works Department) 0 DOC # 93- 0199220 25 —MAR -1993 03:27 Pm never vev ii: v i r_ i y, rt @Cv7vy n4 ii 'v• LB? h. Dr_•T_^- r:;d;:-y page I of i (Space Above For Recorder's Use) TERMINATION OF LICENSE This Termination of License Agreement ( "Termination ") , dated this 2 57"day of March, 1993, executed by the City of Newport Beach ( "Licensee ") in favor of William D. Ray and Beverly K. Ray, husband and wife, as community property, or their successors and. (collectively, "Licensors ") is made with reference to`,,t�l following: Q RECITALS \`C }�-� p C1C�jRM. kEW40R1 B(p,CH A. Licensors own the real property and ( "Property ") commonly known as 1730 -1900 West Coast Highway, Newport Beach, California. The Property is legally described on Exhibit A, and depicted on Exhibit B, attached hereto and incorporated by this reference. B. On August 22, 1972, Licensors' Predecessors in Interest entered into a License Agreement ( "License ") granting to Licensee an irrevocable permit and license to erect a retaining wall on the Property, which License was recorded on August 28, 1972, in Book 10297, page 1 of the Official Records of Orange County. Paragraph 4 of the License provided that the License shall run with the land and shall be binding upon the Successors in Interest of the P Licensor. C. Licensee constructed a retaining wall on the Property pursuant to said License Agreement. D. By document dated November 6, 1992, "Easement Agreement," recorded herewith, Licensors granted an easement to Licensee over a portion of their property which is the subject of the License. NOW, THEREFORE, pursuant to Paragraph 5 of the Easement Agreement, the License, as it pertains to the property identified in Exhibit "A," shall hereby be terminated. The License, as it relates to those portions of Lot 171 of Irvine's Subdivision and Tract No. 1210, shown as Parcel 1 on a map recorded in Book 47, Page 11 of Parcel Maps, records of Orange County, California, remains in full force and effect. Recordation. This Termination and any amendment or modification shall be recorded in the office of the County Recorder, of the County of Orange. IN WITNESS WHEREOF, the parties have caused this Termination to be executed effective as of the date first written above. LICENSEE CITY OF NEWPORT BEACH, A Munigipal Corporation Mayor ATTEST: k / `j v Wanda Raggio: City Clerk) s• *' rayterm.agt <; FU t 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) • On this . -57k day of , in the year 19Z3, before me, the undersigned, a Notary Public in and for said State, personally appeared CLARENCE J. TURNER AND WANDA RAGGIO, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within. instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity, and that by his /her /their signature(s) on the instrument, the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal NOTARY i OFFICIAL SEP.L MOM L PAUN NOTARY FUBUC - CA ;F4'RM+1 COANGE COUNTY Yy Comm. Ells May 25,1993 [SEAL) EXHIBIT "Al' 0 Those portions of Lot 171 of Irvine's Subdivision and Tract No. 1210, shown as Parcel 1 on a map recorded in Book 59, Page 6 of Parcel Maps, records of Orange, County, California. cLIF� - SI D�uvE N �'GS ROAD �S?T °OAs T 8IG8WAY �sT i TRU D N ORT BGCB 1N 0 TIM SYST- POBLIC NO DEPARTI4'AT "was ROAD CpNSCF TRuCP �t 0 ti P , P ti 'RZOBopE�� Sg�s , �a 93 � � 9'Z3 TRACi� 1210 T i 65 0 NEW RETAINING WALL EASEMENT AREA klG j . �Ay1 ceNSe ROCKY POINT RETAINING WALL LICENSE EXHIBIT "B"