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HomeMy WebLinkAboutC-2707- Parking Lot Improvements at Various LocationsLABOR COMMISSIONER, STATE OF CALIFORNIA Department of Industrial Relations Division of Labor Standards Enforcement By: JANIS S. HEALEY, Esq. 245 W. Broadway, Room 450 Long Beach, CA 90802 pt 9 Phone: (213) 590 -5461 carc?J�A ARARmnD coot: City of Newport Beach Public Works Department 3300 Newport Beach Blvd. Newport Beach, CA 92658 L Attention: Lloyd Dalton —� DATE: June 27, 1990 1f:DU;iM . -... X Stq� r,PR e or c >Llco. IN REPLY. REFER TO CASE NUMBER: 27- PWO2242/179 AMENDED RELEASE OF /NOTICE TO WITHHOLD FROIECT ..Mc I CONTRACT NuMUR PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS 2707 PRIME CONTRACTOR GATEWAY LANDSCAPE CONSTRUCTION, INC. an AMENDED On December 7, 1989_____ this Division filed/ NOTICE TO WITHHOLD (copy attached) on the above named Public Works Project in the total amount due of 3.025.00.,___ _ _ _ _ AMENDED Please consider this Notice as a full release to Our/NOTICE TO WITHHOLD dated_ DeSemb.I r_ 7, 1989 Executed on June 27 19 90 , at Long Beach , California. STATE LABOR COMMISSIONER By JANIS;yS. HEALEY, Esq. Attorney for the Labor Commissioner PW 20 (5/87) RELEASE OF NOTCE TO W ITNMOLO i a � ABOR COMMISSIONER, STATE OF CALIFORNIA apartment of Industrial Relations ,vision of Labor Standards Enfamement 28 Civic Center Plaza, Room 625 Santa Ana, Ca. 92701 (714) 558 -4155 *ARDOR* /DOT: F— City of Newport Beach Public Work Department 3300 Newport Beach Blvd. Newport Beach, Ca. 92658 Attn. Lloyd Dalton � J 'Ta` December 7, 1989 Amended NOTICE TO WITHHOLD tQJa CT NAMe / CONTRACT NYMOaR Parking Lot Improvements at Various Locations 2707 time CONTRACTOR Gateway Landscape Construction Inc. Oe•tONTRACTOw MJS Construction Inc. ON 27 02242/1' Mae *: Enclosed are a NOTICE OF WAGES OWED and NOTICE OF PENAL i Y ASSESSMENT pertaining to the above-named project. You are0d2i ? Sd to withhold and retain from any payments due the general contractor the total amount of $ 3 which is the sum of all wages and penalties forfeited pursuant to the provisions of 1 Labor Code Section 1727 as evidenced by the attached Notice of Wages Owed and Notice(s) of Penalty Assessment. If you receive notice of a suit filed by the contractor to recover the prevailing wages and /or the Penalties Labor Code Section 1731 requires you retain the above stated sum pending the outcome of the suit. It no such notice of suit is received within the 90 day period after cessation acceptance, or completion of the project, all monies withheld shall be remitted to this office. If within the aforementioned period, the contractor consents in writing with the Notice of Wages Owed and /or Notice of Penalty Assessment, the amount withheld shall be remitted to this office. I declare under penalty of perjury as follows: I am an authorized representative acting for the State Labor Commissioner. 1 execute this Declaration on behalf of the workers whose names are set forth on the attached notices. I have read the foregoing Notice to Withhold and 1 have made an investigation of the facts relating thereto, and based on all the facts known to me at this time and based on all of the statements and information given to me at this time, I am informed and believe that the foregoing Notice to Withhold is true and correct, and that the facts have been found to support this Notice. Sincerely, STATE LABOR COMMISSIONER 2 Lydia Fulkerson PON - 13 I5/671 NOTICa TOWITNNOLD f �IAY- 30-'90 WED 09:50 ID:NEWMAN BACKHOE Release of TEL N0:714- 739 -0812 #582 P02 0 Stop Notice RECEIVED MAY 30 1990 CITY CLERK CITY I NQNPORT BEACH TO:. CITY OF NEWPORT BEACH Construction Lender (or party with wham StopNaNce was filed) 3300 NEWPORT BLVD., NEWPORT BEACH, CA Addetu You are hereby notified that the undersigned clahnant releases that certain Stop Notice dated JANUARY 9, 1990 , in the amount of S 1462.00 sonst CITY OF NEWPORT BEACH as owner or public body and GATEWAY CONSTRUCTION as prime contractor In connection with the work of improvement known as CONTRACT 2707 - MiocARTHUR BLVD, NEWPORT BEACH in the City of NEWPORT BEACH County of ORANGE ' State of California. Data - APRIL 2, 1990 Name of f•laimanl NEWMAN BACKHOE SERVICE, INC. By `j4r e- ANNA NEWMAN PgFSIOENT (01Aaat cow'ityl _ verification for Partnership or Varinutlan foe Corporation Sala Ownership STATE OF CALIFORNIA COUNTY OF SS. fClafmanrorRrprrrenraslveJ ' being first duly sworn depowr and says that_..he is (Owner, Partner or Agent) of (FPM Name) named as claitnant In the foregoing claim; that he hat read Mid claim and knows the contents thereof, and that the Rots thoroin stated are true. X (Sipstfure of AptanfJ Subscribed and sworn to before me this day of (Slrrarwe_o of N0ra�rr1r' Public/ Notary ..,1 -. 6 Stamp lilt �Ct;sr� <r•ufu2xlu�c� STA17B OF CALIFORNIA COUNTY OF ORANGE �SS. 5WANNA N WMA 1 (Lklmant w RepresennHreJ bolnS first d►Ji QPST dSppwy and Wv that _a_ he Is THE r S�f00JEIVal CbqsddtyJ or NEWMAN BACKHOE SERVICE, INC. (b'xad fbrpenre ameJ aria cotpotation that axsiuted the foregoing oWm; tls►t.-&Iia makes this verification on bohalf of told Corporation; lhstrSlw has read said claim and knows the contents thaceof, Lad tint Quo facts therein slat °° are into. X (SYlrnatrveo/M1AnU Subsasibed and swom to before me this End day of APRIL 19g� (Winertw of Nowy Pssbile, Notary A Stamp LlOFFi01AL'SEAL JANET L MS_ES Nol�y OF Codilomla ORitNOR COUNIY OMY Comm. Exp. Feb, is, im CITPOF NEWPORT AACH April 24, 1990 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Gateway Construction, Inc. 6300 Indiana Avenue Long Beach, CA 90805 (714) 644 -3005 Subject: Surety: Employers Insurance of Wausau Bonds No.: 0650 83 040416 Contract No.: C -2707 Project: MacArthur Boulevard to Sea Lane Sidewalk Connection - Jamboree Road Slough Wall between Bayside Drive and PCH- Bayside Drive Slough Wall between County Road and Carnation Avenue - Bayside Drive Parking Lot Improvements - Dahlia Avenue Parking Lot Meters The City Council of Newport Beach on March 26, 1990 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 April 3, 1990, Reference No. 90- 174238. Sincerely, Gr� C� A? Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND S RECORDING REQUEST PER WHEN RECORDED RETURN T0: 4-1- T4238 GOVERNMENT CODE 6103 City Clerk �` - RECORDED IN OFFICIAL RECORDS y OF ORANGE COUNTY, CALIFORNIA City of Newpoi7t .f EXEMPT 3300 Newport Boulevard C15 4:00 Newport Beach, CA 92663 P M APR 31990 NOTICE OF COMPLETION ``�:3 t2, /� wMvZ RECCffJBf PUBLIC WORKS 1 o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on December 15, 1989 the Public Works project consisting of MACARTHUR BOULEVARD TO SEA LANE SIDEWALK CONNECTION - JAMBOREE ROAD SLOUGH WALL BETWEEN BAYSIDE DRIVE AND PACIFIC COAST HIGHWAY- BAYSIDE DRIVE SLOUGH WALL BETWEEN COUNTY ROAD AND CARNATION AVENUE-BAYSIDE DRIVE P RKTNG LOT IMPROVEMENTS- DAHLIA AVENUE PARKING LOT METERS (C -2707) on which Gateway Construction, Inc., 6300 Indiana Avenue Long Beach, CA 90805 was the contractor, and Employers Insurance of Wausau a Mutual Company 425 Market_ St., was the surety, was compketed. San Francisco, CA CITY OF NEWPORT BEACH Public Works Director VERIFICATION I, the undersigned, say: I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 28, 1.990 at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on March 26, 1990 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 28, 1990 at Newport Beach, California. 'i /2 City Clerk ��// A3R i2 ?t��?'fl �9itlA093R i4iA3� CUistiiXi tNi3brtll�t'00 !V , 0 TO: City Council r BY THE CffY COUNCIL CI TY OF NEWPORT BEACH r r s99A'i API111RO VE1) FROM: Public Works Department SUBJECT: ACCEPTANCE OF March 26, 1990 CITY COUNCIL AGENDA ITEM NO. f -12 BOULEVARD TO SEA LANE SIDEWALK CONNECTION; JAMBOREE ROAD SLOUGH WALL BETWEEN BAYSIDE DRIVE AND PACIFIC COAST HIGHWAY; BAYSIDE DRIVE SLOUGH WALL BETWEEN COUNTY ROAD AND CARNATION AVENUE; BAYSIDE DRIVE PARKING LOT IMPROVEMENTS; AND DAHLIA AVENUE PARKING LOT METERS (C -2707) The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $188,500.00 Amount of unit price items constructed 185,376.65 Amount of change orders 4,258.92 Total contract cost $189,635.57 Three Change Orders were issued. The first, in the amount of $160.00, provided for a change in the type of parking meter posts in the Dahlia Avenue parking lot. The second, in the amount of $1,430.00, provided for the reimbursement to the contractor for the cost of the CALTRANS Permit for the work on MacArthur Boulevard. The third, in the amount of $2,668.92, provided for color coating an existing wall on Bayside Drive at Carnation Avenue and for additional pavement repairs to the Bayside Drive parking lots at Larkspur and Marguerite Avenues. Funds for the project were budgeted in the General Fund, Account Nos. 02- 3397 -431, -459, -480, -481, 02- 5697 -452 and 02- 7797 -469. RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of completion has been recorded in accordance with applicable portions of the Civil Code. • DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $188,500.00 Amount of unit price items constructed 185,376.65 Amount of change orders 4,258.92 Total contract cost $189,635.57 Three Change Orders were issued. The first, in the amount of $160.00, provided for a change in the type of parking meter posts in the Dahlia Avenue parking lot. The second, in the amount of $1,430.00, provided for the reimbursement to the contractor for the cost of the CALTRANS Permit for the work on MacArthur Boulevard. The third, in the amount of $2,668.92, provided for color coating an existing wall on Bayside Drive at Carnation Avenue and for additional pavement repairs to the Bayside Drive parking lots at Larkspur and Marguerite Avenues. Funds for the project were budgeted in the General Fund, Account Nos. 02- 3397 -431, -459, -480, -481, 02- 5697 -452 and 02- 7797 -469. Subject: Acceptance of MacArthur Boulevard to S• Lane Sidewalk Connection; Jamboree Road Slough Wall between Bayside Drive and Pacific Coast Highway; Bayside Drive Slough Wall between County Road and Carnation Avenue; Bayside Drive Parking Lot Improvements; and Dahlia Avenue Parking Lot Meters (C -2707) March 26, 1990 • Page .2 The contractor is Gateway Construction, Inc., of Long Beach. The contract date of completion was July 28, 1989. The work was substantially completed by that date with two exceptions. The mold for the ornamental street light poles broke. The manufacturer was not able to ship the poles for the Bayside Drive parking lot until November 10, 1989. The original supplier for the hand rail at the MacArthur Boulevard location defaulted on his subcontract. A temporary rail was installed in order to use the sidewalk in the interem. The substitute supplier required additional time to design, fabricate and install the anodized rail. The work was completed by December 15, 1989. / ) XIY4 t i Benamin B. Nolan Publj ic Works Director PD: so • STOP NOTICE RECEIVED NOTICE TO WITHHOLD TO HOLDER OF FUNDS CITY OF NEWPORT BEACH (Name of owner, construction lender or public officer) 3300 Newport Blvd., Newport Beach, CA HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, NEWMAN BACKHOE SERVICE, Inc. 7381 Walnut Ave., Buena Park, (Name and address) CA 90620 has furnished or has agreed to furnish Operated and maintained construction equipment (labor, services, equipment, materials) of the following kind as above for contract 2707 (general description of labor, services, equipment or materials) to or for GATEWAY CONSTRUCTION for the work improvement, located at, or known as: (name of person to or for whom furnished) CONTRACT 2707 - MacArthur Blvd (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 1462 . 00 The amount in value of that already done or furnished by claimant is $ 1462.00 Claimant has been paid the sum of $ 9 , and there remains due and unpaid the sum of $ 1462.00 plus interest thereon at the rate of 10 per cent per annum from September 1 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. 1989 . NEWMAN BACKHOE SERVICE, Inc. January g' 1990 ! C..,ij . �� � _i , �• H.R-..�Pinchin ., Noma Claimant Credit Mgr. 7381 Walnut Ave., Buena Park, CA 90620 Address of Claimant STATE OF CALIFORNIA �kF u COUNTY OF ORANGE r j Harold R. Pinchin ,being duly sworn, deposes and says: That _he is the person(s) who signed the foregoing Stop Notice; that _he has read the same and knows the contents thereof to be true of h-is_ own knowledge, except as to any matters or things that may therein be slated on his information and belief and as to those matters and things —he believes them to be true. NEWMAN BACKHOE SERVICE, INC. r � H.R. Pinchin,c..Cl<e'dit Manager Subscribed and sworn to before me - this 9th day of January 1990 JANET tiLL=S� _ems. -r„m,z N'ot uc:c- ':.lifcrr;�a 0RANGE COUNN ..r'! Notary Public and in and for said Stale - .��o���� C=..m. Exp. Fcb. 13, 1993 714 rdnd.ed form coven matt and proble® to We Reid Indicated. radon you eip4 real R RD 1..D blenb, 11TOP NOTICE sod snort. du"oae popel b Roar trw.ctim. Cooaull a la"er R you doubt t1e torn a Reuen for Your yuraoe. WOL DO S FORM •9�111r . a. -77 (price d"S 3) • J'�� 10. LABOR COMMISSIONER, STATE OF CALIFORNIA• i Department of Industrial Relations Division of Labor Standards Enforcement 28 Ci•aic Center Plaza, Room 625 OTC �- Santa Ana, Ca. 92 701 � (714) 558 -4155 AWARDING BODY: City of Newport Beach V[D Public Work Department 12 iga9 1 3300 Newport Beach Blvd. Newport Beach, Ca. 92658 C1�liaF Attn. Lloyd Dalton aEVPOa acrc" J�7 DATE: December 7, 1989 IN REPLY, REFER TO CASE NUMBER: 27 02242/179 Amended NOTICE TO WITHHOLD PROJECT NAME / CONTRACT NUMBER Parking Lot Improvements at Various Locations 2707 ✓NIMt cONTRACTOR Gateway Landscape Construction Inc. SUB- CONTRACTOR MJS Construction Inc. Enclosed are a NOTICE OF WAGES OWED and NOTICE OF PENAL -. Y ASSESSMENT pertaining to the above -named project. You a �02i ?e J5cl to withhold and retain from any payments due the general contractor the total amount of $ which is the sum of all wages and penalties forfeited pursuant to the provisions of Labor Code Section 1727 as evidenced by the attached Notice of Wages Owed and Notice(s) of Penalty Assessment. If you receive notice of a suit filed by the contractor to recover the prevailing wages and /or the Penalties Labor Code Section 1731 requires you retain the above stated sum pending the outcome of the suit. I no such notice of suit is received within the 90 day period after cessat nn, acceptance, or completion of the project, all monies withheld shall be remitted to this office. If within the aforementioned period, the contractor consents in writing with the Notice of Wages Owed and /or Notice of Penalty Assessment, the amount withheld shall be remitted to this office. I declare under penalty of perjury as follows: I am an authorized representative acting for the State Labor Commissioner. I execute this Declaration on behalf of the workers whose names are set forth on the attached notices. I have read the foregoing Notice to Withhold and I have made an investigation of the facts relating thereto, and based on all the facts known to me at this time and based on all of the statements and information given to me at this time, I am informed and believe that the foregoing Notice to Withhold is true and correct, and that the facts have been found to support this Notice. Sincerely, STATE LA ,/ COMMISSIONER t 6`n. By /fit !— G C -r/�• v/ f y� . . L is Fulkerson I`:l s, E6r, ill(. PW - 13 (5/87) 1 yV(,f Iq 1 17 /L 2G%7 EU 141( J NOTICE TO WITHHOLD CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: May 5, 1989 SUBJECT: Contract No. C -2707 Description of Contract MacArthur Blvd to Sea Lane Sidewalk Connection Jamboree Rd Slough Wall between Bayside Dr and Pacific Coast Highway Bayside Dr Slough Wall between County Rd and Carnation Ave Bayside Dr Parking Lot Improvements /Dahlia Avenue Parking Lot Meters Effective date of Contract May 4, 1989 Authorized by Minute Action, approved on April 24, 1989 Contract with Gateway Construction, Inc. Address 6300 Indiana Avenue Long Beach, CA 90805 Amount of Contract $188,500.00 1 "6e ' Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach s • • r] TO: CITY COUNCIL FROM: Public Works Department 1pri 1 24, 1989 CITY COUNCIL AGENDA ITEM NO. F -3(b) ;Y -,I'- ITY ,:OUNCIi CITY it .,-WPORT SUZ APR 2 4 1989 PP t0VE1) SUBJECT: MACARTHUR BOULEVARD TO SEA LANE SIDEWALK CONNECTION, JAMBOREE ROAD SLOUGH WALL BETWEEN BAYSIDE DRIVE AND PACIFIC COAST HWY. BAYSIDE DRIVE SLOUGH WALL BETWEEN COUNTY ROAD AND CARNATION AVENUE, BAYSIDE DRIVE PARKING LOT IMPROVEMENTS, AND DAHLIA AVENUE PARKING LOT METERS (C -2707) RECOMMENDATIONS: 1. Approve a budget transfer of $70,000. 2. Award Contract No. 2707 to Gateway Landscape Construction, Inc. for the total bid price of $188,500, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on April 14, 1989, the City Clerk opened and read the following bids for this project: Bidder Low Gateway Construction, Inc.* 2 Ryco Construction, Inc. 3 Emco Contracting, Inc. 4 Excel Paving Company 5 Nobest, Inc. 6 Wakeham- Baker, Inc. Total Price Bid $188,500.00 $194,491.00 $199,730.00 ** $212,236.50 $218,838.75 $219,218.00 * ** * Subsequent to bid opening, Gateway's Vice- President notified staff that their correct company name should be "Gateway Landscape Construction, Inc." ** Corrected total price bid is $199,731.00 * ** " " " " " $215,538.00 • The low bid is 4% above the Engineer's estimate of $181,000. The Low bidder, Gateway Landscape Construction, Inc. is a well - qualified general engineering contractor who has satisfactorily performed previous contracts for the City. U '• • • SUBJECT: MacArthur Bo•vard to Sea Lane Sidewalk Connection, Jamboree Road Slough Wall Between Bayside Drive and Pacific Coast Hwy. Bayside Drive Slough Wall between County Road and Carnation Avenue, Bayside Drive Parking Lot Improvements, and Dahlia Avenue Parking Lot Meters (C -2707) April 24, 1989 Page 2 This project provides or the construction of sidewalks, retaining walls, slough walls, parking lot improvements, and curbs and gutters at 5 different locations in Corona del Mar. (See attached exhibit). Funds for award are proposed from the following accounts: Description MacArthur Boulevard Sidewalk Bayside Drive Retaining Wall Bayside Parking Lot Beautification Bayside /Dahlia Parking Lot Meters Curb Access Ramp Improvement Program Corona del Mar Alley Replacement (transfer) Account No. Amount 02- 3397 -480 $42,000 02- 7797 -469 8,000 02- 3397 -481 35,000 02- 5697 -452 20,000 02- 3397 -459 13,500 02- 3397 -431 70,000 A budget amendment to transfer $70,000 has been prepared for Council consideration. These funds would otherwise not be encumbered prior to the end of the fiscal year. Plans and specifications for the contract were prepared by Public Works Department staff. The estimated date of completion is July 28, 1989. Benjamin B. Nolan Public Works Director LD:so 41 r NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 14th day of , 1989, at whic t�ich bids shaTr be opend read for MacArthur Boulevard to Sea Lane Sidewalk Connection Jamboree Road Slough Wall Between Bayside Drive and Pacific Coast Highway Bayside Drive Slough Wall Between County Road and Carnation Avenue Bayside Drive Parking Lot Improvements 2707 Contract No. $181,000 Engineer's Estimate V 6L, co m� Approved by the City Council this 27th day of March , 1988. 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 92658 -8915. For further information, call Lloyd Dalton at 644 -3311. Protect Manager .y i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT i771i717.'►!Q MACARTHUR BOULEVARD TO SEA LANE SIDEWALK CONNECTION JAMBOREE ROAD SLOUGH WALL BETWEEN BAYSIDE DRIVE AND PACIFIC COAST HIGHWAY BAYSIDE DRIVE SLOUGH WALL BETWEEN COUNTY ROAD AND CARNATION AVENUE BAYSIDE DRIVE PARKING LOT IMPROVEMENTS DAHLIA AVENUE PARKING LOT METERS CONTRACT NO. 2707 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: NR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2707 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price 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 Twenty Six Thousand @ One Hundred Forty Two------- - - - - -- Dollars and No -------------------------------- - Cents $26,1 Per Lump Sum 2. Lump Sum Traffic control, clearing and grubbing for MacArthur Boulevard retaining wall @ Thirteen Thousand ----------- - - - - -- Dollars and No -------------------------------- - Cents $ 13,000.00 Per Lump Sum 3. 320 Construct curb and gutter per Linear Feet Caltrans Std. N8 -A2 -8 or per City Std.- 182 -L. @ Thirteen-------------------- - - - - -- Dollars and No -------------------------------- - Cents $ 13.00 $ 4,160.00 Per Linear Foot PR 1.2 J ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAi_ NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE_ 4. 160 Construct crushed aggregate base Tons for pavement, sidewalk, and curb and gutter @ Twenty Five---------------- - - - - -- Dollars and No-------------------------- - - -- -- -Cents $_25.00 _ $ 4 99 OO Per Ton 5. 75 Construct asphalt concrete pavement Tons @ Seventy-------------------- - - - - -- Dollars and No------------------------------- - -Cents $ 70.00 __ $x--,250-.00-. — Per Ton 6. Lump Sum Construct retaining walls along MacArthur Boulevard, including subdrain pipe and drainage matting @ Thirty Three Thousand------ - - - - -- Dollars and No------------------- ------ ------ - -Cents $33_.000. . 00 P-er Lump Sum 7. 5 Construct gravel surface drain Tons @ Fi----------------------------- Dollars and No------------- ------ ------------- -Cents $ 50.00 _ $250,00 Per Ton 8. 3790 Construct sidewalk per Caltrans Square Feet permit or per City Std.- 180 -' @ Two- ------------------------ - - - - -- Dollars and Sevent --------------------- - - - - -- -Cents $-Z.70 $10,233.00 Per Square oot 9. 1_ump Sum Construct pipe railing @ Three Thousand Five Hundred- - - - - -- Dollars and No------- ------ ------------ ----- -- -Cents $QO QO Per Lump Sum @ Ten Thousand ---------------- - - - - -- Dollars and No-------------------------- - - - - -- -Lents $1D,0nn_nn Per lump Sum 14. lump Sum Traffic control, clearing and grubbing for Bayside Drive slough wall @_Two Thousand Five Hundred--- - - - - -- Dollars and No--------------- -------- --------- -Lents $2_,5DQ 00 Per Lump Sum 15. Lump Sum Construct slough wall along Bayside Drive, including dowels, waterproofing mastic, stucco, sealant, painting and backfill @ Twelve Thousand ------------- - - - - -- Dollars and No ----------- ------ ----------- ---- -Cents $12.000.00 _ Per lump Sum PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. lump Sum Demolish wall, salvage CMU and reconstruct end of ex. CMU wall at south end of sidewalk @ One Thousand Two Hundred---- - - - - -- Dollars and No----------------- ------- -- - - - - -- -Cents $L,2p0..nn Per lump Sum 11. 84 Backfill walls with granular select subbase Tons @ Twentv ----------- ----------------- Dollars and No ------- --------- -- -------------- - Cents $ 2D _nn $1,CRn.DO Per Ton 12. Lump Sum Traffic control, clearing and grubbing for Jamboree Road Slough Wall @ Five Thousand ---------------------- Dollars and No-------------------------------- -Lents k10.aD.nn Per lump Sum 13. Lump Sum Construct slough wall along Jamboree Road, including waterproofing sealant and backfill @ Ten Thousand ---------------- - - - - -- Dollars and No-------------------------- - - - - -- -Lents $1D,0nn_nn Per lump Sum 14. lump Sum Traffic control, clearing and grubbing for Bayside Drive slough wall @_Two Thousand Five Hundred--- - - - - -- Dollars and No--------------- -------- --------- -Lents $2_,5DQ 00 Per Lump Sum 15. Lump Sum Construct slough wall along Bayside Drive, including dowels, waterproofing mastic, stucco, sealant, painting and backfill @ Twelve Thousand ------------- - - - - -- Dollars and No ----------- ------ ----------- ---- -Cents $12.000.00 _ Per lump Sum @ Six -------------------------------- Do] lars and No-------------------------------- -Lents $ 6.00 _ $ 510.00 _ Per !linear Foot 19. 70 Jack 4" galv. steel casing Linear Feet @ Forty ------------------------------ Do] lars and No--------------------------- - -- - -= Lents $ 40.00 _..._._ $ 2,800.00 Per !linear Foot 20. 190 Reconstruct driveway approach per Square Feet Std. - 166 -1L @ Five ------------------------------- Dollars and No-------------------------------- -Lents $5.00 $950.00 Per Square Foot - -- - -- 21. Lump Sum Install complete parking lot lighting system including cabinet, pull boxes and conduit @ Nineteen Thousand Five Hundred ----- ollars and No ---------------------------------- $19i_00.00 Per Lump Sum �� -� �` • : PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. !lump Sum Traffic control, clearing and grubbing for Bayside Drive Parking !lot Improvements @ Ten Thousand ---------------- - - - - -- Dollars and No -------------------------- - - - - -- - Cents $ 10y000.Do Per Lump Sum 17. 1435 Construct Type B curb per Std. - 182 -!_ linear Feet @ Nine ------------------------------ -0ollars and No ---------------------------- - - -- -_ -Cents $ 9.00 12,915.00 Per !linear Foot i 18. 85 Install 4" PVC Sleeve Linear Feet @ Six -------------------------------- Do] lars and No-------------------------------- -Lents $ 6.00 _ $ 510.00 _ Per !linear Foot 19. 70 Jack 4" galv. steel casing Linear Feet @ Forty ------------------------------ Do] lars and No--------------------------- - -- - -= Lents $ 40.00 _..._._ $ 2,800.00 Per !linear Foot 20. 190 Reconstruct driveway approach per Square Feet Std. - 166 -1L @ Five ------------------------------- Dollars and No-------------------------------- -Lents $5.00 $950.00 Per Square Foot - -- - -- 21. Lump Sum Install complete parking lot lighting system including cabinet, pull boxes and conduit @ Nineteen Thousand Five Hundred ----- ollars and No ---------------------------------- $19i_00.00 Per Lump Sum �� -� ` • • PR 1.5 ITFM - QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS _ PRICE PRICE 22. 10 Slurry parking lots Extra long Tons @ Two Hundred Fifty ---------- - - - - -- Dollars and No------------------------------- -Lents $ 250.00 $ 2,50,00— Per Extra long Ton 23. lump Sum Striping and pavement markings @ Seven Hundred Fifty-------- - - - - -- -Dollars and No--------- ---------------------- - -Dents $_Z5M_a___ Per lump sum 24. 44 Install parking meter posts Each per Std. - 912 -1 @ One Hundred Forty---------- - - - - -- -Dollars and No----------------------------- -- - -Dents $ 140.00 Per Each 25. lump Sum Traffic control, clearing and grubbing for Dahlia Avenue parking lot meter posts @ Five Hundred---------------- - - - - -- Dollars and No---- ---------------------- - - - --: -Cents Per Lump Sum TOTAL PRICE WRITTEN IN WORDS One Hundred Eiohty Ei No------------- - - - - -- April 14, 1989 Date (213) 422 -3348 Bidder's Telephone Number Thousand Five Hundred - - - - - -- Dollars and ----- ----- ------ ------- - - - - -- -Cents . PR 1.6 $ 188 2500.00 Gateway Construction, Inc_ _ Bidder s /Gerald T. Sullivan V.P. Authorized Signature Title 453491 A & C -27 6300 Indiana Ave_n_ue, Lcn4 Beach, CA 9_0805 Contractor's License No. & Classification Bidder's Address 0 0 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. 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 respon- sible for bidder errors and omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For part- nerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 453491 A & C -27 Contr's Lic. No. & Classification April 14, 1989 Date Gateway Construction, Inc. Bidder s /Gerald T. Sullivan, V.P. Authorized-Signature/Title Page 2 Page 3 DESIGNATION OF SUBCONTRACTOR(S State law and /or City Specifications require the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the prime contractor's total bid. If a subcontractor is not listed, the prime contractor will be responsible for performing of 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 the applicable provisions of the City's Specifications. Subcontract Work Subcontractor Address 1. Electric Pacific Electric Co. Buena Park 2. Walls MJS Construction Inc. Long Beach 3. 5. 6. 7. 8. 9. 10. 11. 12. ls NO DUX s 1 Authorized Signature 1 Tit Te 0 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Gateway Construction, Inc. and Employers Insurance of Wausau, A Mutual R u Page 4 as bidder, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Amount Bid-------------- - - - - -- - -- Dollars ($---- 10%--- - - - -4, lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of MacArthur Blvd to Sea Ln Sidewalk Connection; Jamboree Road Slough Wall btwn Bayside Dr & PCH; Bayside Dr Slough Wall btwn County Rd & Carnation Ave; Bayside Dr Prkg Lot Imprv.; Dahlia Ave Prkg Lot Title of Project Meters (Contract No. 2707) Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of contract documents for execution to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 14th day of April , 1989- (Attach acknowledgment of Attorney -in -Fact) s /Mona M. Yasmineh Notary Public Commission Expires: April 24, 1992 s /Gerald T. Sullivan, V.P. _ Authorized Signature Title Employers Insurance of Wausau, A Mutual Surety , — Company By: s /Paul G. Rusch Title: Attorney -in -Fact Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Gateway Construction, Inc. Bi er s /Gerald T. Sullivan, V.P. Authorized Signature /Title Subscribed and sworn to before me this 14th day of April 19 89. My commission expires: April 24, 1992 s /Mona M. Yasmineh Notary Public 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 Completed For Whom Performed (Detail) Person to Contact Telephone No. 1988 Balboa Island Bulkhead Improvements Pat Dunigan(CNB) 644 -3311 1989 Inspiration Point Pat Dunigan(CNB) 644 -3311 Gateway Construction, Inc. _ Bidder s / Gera ld T Sullivan, V.P. Authorized Signature /Title 0 Page 7 NOTICE The following are contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) 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. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edition adopted or use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. 0 0 BOND #0650 83 040416 PREMIUM INCLUDED IN PERFORMANCE Page 8 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 April 24, 1989 has awarded to Gateway fnnstructinn, Inc MacArthur Blvd. to Sea Lane hereinafter designated as the "Principal ", a contract for Sidewalk'. Connection; Jamboree Slough Wall. btwn Bayside Dr. and PCH; Bayside Dr. Slough Wall twn County Rd. & Carnation Bayside Dr. Parkinq Lot Improvements; Dahlia Ave. Parkinq Lot Meters (C- 2707) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract-and the terms thereof require the furnishing of a bond with said contract, providing. that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon;.for, or about the ' performance of the work agreed to be done, or for any work or labor done thereon . of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We GATEWAY LANDSCAPE CONSTRUCTION, INC. as Principal, and EMPLOYERS INSURANCE OF_WAUSUA, A MUTUAL COMPANY__ as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED EIGHTY EIGHT THOUSAND FIVE. HUNDRED DOLLARS AND 00/ 100-------------------------- - - - - -- Dollars ($ 188,500.00 - - -- ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted tob be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. e Page 9 Payment Bond (Continued) The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 28thday of April , 19 89. GATEWAY LANDSCAPE CONSTRUCTION, INC(Seal) Name of Contractor (Principal) Authorize 1 ature end Tit e Authorized Signature and Title EMPLOYERS INSURANCE OF WAUSAUI A MUTUAL COMPANY (Seal) Name of Surety 425 Market Street, San Francisco, CA Address of Surety Sig �ture`�dn Title of Authorized Agent Paul G. Rusch, Attorney -in -Fact 111 California Street, San Francisco, CA Address of Agent Telephone No. of Agent CORPORATE ACKNOWLEDGMENT -� Stateot California i SS 1' Countyof Los Angeles r I /';-;�, �OP'PICIAL SEAL ! ` t tJ,OtvA 04 YA_AgtNEH 1 Onthisthe 1st dayof _Play - 1Iona it. Yasmineh NO 202 _ 19_ � 9 before me, I, 1. the undersigned Notary Public. personally a ppeared �\ )i ;erald T. Sullivan ;{ oersonaily known to me proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President or on behalf of the corporation tnerein named, and acknowledged to me that the corporation executed ii. WITNESS my hand and official seal. Notary's Signature C� CORPORATE ACKNOWLEDGMENT I Stateot California S5. Los Angeles County of 4 1 ' T i OFFICIAL, SEAL h 0 YAShm EH Mp co,�^+ ex0lres APOfl 2 , 1992 _ NO. 202 On this the .lS.t -_day of ILa-y t9 -S_9_, before me, _ Mona Pt. Yasmineh the undersigned Notary Public, personally appeared David rarcia g. personally known tome proved tome on the basis of satisfactory evidence fit. to be the person(s) who executed the within instrument as V Secretary or on behalf of.the corporation therein named, and acknowledged to me that the corporatton executed it. WITNESS my hand and official seal. rtz P? Notary's Signature �— ;< STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On this 28th day of April , in the year 1989, before me, the undersigned, a Notary Public in and for the said State, personally appeared Paul G. Rusch , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney -in -Fact of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by -laws or a resolution of its board of directors. ;;,;:�,:�.s- :.;�',•- ,.:mac- +_ _K F WITNESS my hand and official seal. KRAUH NOT RI PUKIC P PRINCIPAL OFFICE IN SAN FRANCfSCO COUNTY No Cary Pu lic, State of California My Comm. Expires March 10, 1992 V Z MZ cc J Y _z G w Z_ Q w a d Q H O Z } w z Q O I- Q O Q w O a G J Q Q f- O Z s s 0 r No. 206 -081- 00211 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW Al.l. MEN BY THESE: PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau. County of Marathon, Stale of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint PAUL G. — RUSCH its true and lawful attorney-in -fact, with full power and authority hereby conferred in its name, place and stead, to execute. seal. acknowledge and deliver ANY OR ALL BONUS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBIAGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS ($10,000,000). and to hind the corporation thereby as fully and to the same extent as it such honds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming a0 that the said attornev -in -fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of I )irectors (ofsaid Company at a meeting duly called and held on the 18th day of Moy, 1973, which resolution is still in effect: - RFSOIXED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them herebv is, authorized to execute powers of attorney qualifying the attorney named in the given power of attornev to execute un behalf of EMPIOYERS INSURANCE OF WAUSAU A Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary urassistanI secretary be, and that each or anv of them hereby is, authorized to attest the execution of any such power of attornev, and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' "FURTHER RESOLVED, that thesignaturesof such (officers and theseal ufEMPI.OYERS INSURANCE: OFWAUSAU A Mutual Company may be affixed to any such power of attornev at Iu anv certificate relating thereto by facsimile. and anv'such power of attornev orcertificate heaving such facsimile signatures and facsimileseal shall be valid and binding upon the EMPLOYERS INSURANCE. OF WAUSAU A Mutual Cumpanv when so affixed and in the future with respect to any hand, undertaking or contract of suretyship to which it is attached IN WITNESS, WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to he signed by the senior vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1 ST day of OCTOBER .1987—. FMPI.OYFRS INSURANCE OF —WAUSAU A Mutual Company V SEAL t Rv R. C. Retterath Senior Vice President Attest: � r R. J. R steman Assistant Secretary STATE OF WISCONSIN I ) as. COUNTY OF MARATHON ) On this._ 1 ;T dacof O(sTnRFR 19 87 before are personally came R. C. Retterath , to me known, who being by me duly sworn, did depose and sav that he is a senior � ice president of the FM PLOY f RS INSU RANCF OF WAUSAU A Mutual Company, thecorporation described in and which executed the ahnce instrument, that he knows the seal (of said corporation: that the seal affixed to said instrument is such corporate seal and that it was so affixed h) order of the Hoard of Director., n1 said corporation and that he signed his name thereto by like order. IN WI I NESS W -HF RA OF. I hale hereumo sat me hand and tdli.xed me alicial seal the day and %ear herein fiat above written. Patricia A. Kiernan Notary Public NOIYARY PUBLIC - til'A'I'F.OFW'I5CUNSIN SI A I F OF WISCONSIN MY COMMISSION FXPIRFS JUNE 1. 1990 CITY OF WAI'SAU I.'s. COUNTY OF MARATHON I CERTIFICATE -- 1- the under - signed, assistant srcretury of EMPLOYERS INSURANCE OF WAUSAU A Mutual Companv. it Wisconsin corporation, do hereby certify that the foregoing and uttoehed power of attornev. WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN REND INK, remains in full force and has not been revoked: and furthermore that the resolut ion o f t he Board of I )irectrmsset Birth in the power ofatiornev isslill in force. Signed and sealed in the Uity of Wausau. Marathon U,unty. State of Wisconsin. this _ 28th -_ ._ - day of . - .April__ — 1989. /% O SEAL;• R. J. Resleman Assistant Secretary NOTE:: IF YOU HAVE ANY' (QUESTIONS REGARDING THE A'A L111I "I'}' Olt WOROING OF "1'111F POLY F; ATTORNEY, CAIA.TOIA. FREE,800) sIG lfi(il. 11N WISCONSIN, CALL (800) 47200411. BOND #0650 840416 PREMIUM: $1,885 Page 10 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 24, 1989 has awarded to Gateway Construction, Inc. MacArthur Blvd to ea Lane hereinafter designated as the "Principal ", a contract for Sidewalk Connection; Jamboree Slough Wall btwn Bayside Dr and PCH; Bayside Dr Slough Wall btwn County Rd an arnation A, Bayside Drive Parking Lot Improvements; Dahlia Ave. Parking Lot Meters (C -2707) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents,in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said.contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We GATEWAY LANDSCAPE CONSTRUCTION, as Principal, and EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY as Surety, are held firmly bound unto the'City of Newport Beach, in the sum of ONE HUNDRED EIGHTY EIGHT THOUSAND FIVE HUNDRED DOLLARS AND 00/ 100---------------------------- - - - - -- Dollars ($ 188,500.00 - - - -- said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract M r 0 0 Page 11 Faithful Performance Bond (Continued) or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that the principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 28th day of April , 19 89. GATEWAY LANDSCAPE CONSTRUCTION, INOSeal) Name of ontractor rincipa Authorizem�S�g re and Title orate, Authorized Signature and Title EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY (Seal) Name of Surety 425 Market Street, San Francisco. CA Address of Surety Signature and Title of Authorized Agent Paul G Rusch, Attorney -in -Fact #1 California Street, San Francisco, CA Address of Agent Telephone No. of Agent CORPORATE ACKNOWLEDGMENT Stateof California SS. County of Los Angeles On this the —1s t day of _?•Iay Mona 1.1. Yasmineh the undersigned Notary Public, personally appeared Gerald T. Sullivan 140 202 82 before me, it r)ersonaiiy known tome proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President or on behaii of the corporation therein named, and acknowledged to me that 1he corporation executed it. WITNESS my hand and official seal. MONA M YASM!NEH Y tjAMZM 1QVNTY My corfim. cxp:an A?R 24, 1992 On this the —1s t day of _?•Iay Mona 1.1. Yasmineh the undersigned Notary Public, personally appeared Gerald T. Sullivan 140 202 82 before me, it r)ersonaiiy known tome proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President or on behaii of the corporation therein named, and acknowledged to me that 1he corporation executed it. WITNESS my hand and official seal. fC0'RPORATE ACKNOWLEDGMENT No, 202 Stateof California Onthisthels_t._dayof ;lay 19_,U_. before me, - S5. County of Los Angeles Mona Pt. Yasmineh , i the undersigned Notary Public. personally appeared 1 � David rarc_i_a__ _. ..- ....,. -..., X personaily known to me OFFICIAL. SEAL _ proved to me on the basis of satisfactory evidence ;�•y �.Kj MONA M YASh11NEH in n� J PJF'. <.' - C:=.'r ORNIA to be the person(s) who executed the within sirumeM as k COl!tiTY Sec re t a ry or on behalf of the corporation therein ai My. comm.`ea SiAPR, 24, 1992 (._R.,. L =Y— named, and acknowledged to me that the corporation executed if. -- ii WITNESS my hand and official seal. �� Notary's Signature STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On this 28th day of April , in the year 1989 , before me, the undersigned, a Notary Public in and for the said State, personally appeared Paul G. Rusch , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney —in —Fact of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by —laws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL Y RAE L. KRAJSc rs NOTARY PUBLIC - CALiO.RN"A PRINCIPAL OFFJC� SAN FRANCISCO March 0. My Comm. Expires Match 10, 199) Notary Public, State of California CONTRACT 17 Page 15 THIS AGREEMENT, entered into this ay of , 19 by and between the CITY OF NEWPORT BEACH, hereinafter "City," d Gateway Landscape Construction, Inc., hereinafter "Contractor," ism e wi��rerence to the following facts: (a) City has heretofore advertised for bids for the following described public work: MacArthur Blvd to Sea Lane Sidewalk Connection; Jamboree Rd Slough Wall btwn Bayside Dr. & PCH; Bayside Or Slough Wall btwn County Rd & Carnation Ave; Bayside Dr. Parking Lot Improvements; Dahlia Avenue Parking Lot Meters C -2707 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 specifi- cations by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: MacArthur Blvd to Sea Lane Sidewalk Connection; Jamboree Rd Slough Wall btwn Bayside Dr. & PCH; Bayside Or Slough Wall btwn County Rd & Carnation Ave; Bayside Dr. Parking Lot Improvements; Dahlia Avenue Parking Lot Meters C -2707 Title of Project Contract No. which project is more fully described in the contract documnts. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. , As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Jne Hundred Eighty Eight Thousand Five Hundred and No /100- - - - -4$ 188,500.00). This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incor- porated herein by reference as though set out in full and include the following: (a) (b) (c) (d) (e) Notice Inviting Bids Instructions to Bidders and Payment Bond Faithful Performance Bond documents referenced therein Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for County Kd & Carnation Av; Bayside Or Parkii Title of Pro.iect (g) This Contract. 46 Page 16 MacArthur Blvd to Sea Lane Sidewalk Connection; Jamboree Rd Slough Wall bt Bayside Or & PCH; Bayside Or SloughWall g Lot Imprvmts; Dahlia Ave Prkg Lot Contract No. Meters (C -2707) 4. Contractor shall assume the defense of, and indemnity and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: D AS TO FORM: CITY OF NEWPORT BEACH w Mayor bE+.y'NCh"Ga%rC\2 Sc�_ Authorized Signature and Title CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD TO SEA LANE SIDEWALK CONNECTION JAMBOREE ROAD SLOUGH WALL BETWEEN BAYSIDE DRIVE AND PACIFIC COAST HIGHWAY BAYSIDE DRIVE SLOUGH WALL BETWEEN COUNTY ROAD AND CARNATION AVENUE BAYSIDE DRIVE PARKING LOT IMPROVEMENTS DAHLIA AVENUE PARKING LOT METERS CONTRACT NO. 2707 SECTION I. II. III. IV. V. VI. SCOPE OF WORK. . . CLASSIFICATION OF TIME OF COMPLETION PAYMENT. . . . . . WORK HOURS PUBLIC CONVENIENCE INDEX TO SPECIAL PROVISIONS PAGE ........................1 ;ONTRACTORS LICENSE . . . . . . . . . . . . . . . 1 AND SCHEDULE OF WORK . . . . . . . . . . . . . 1 ........................2 ........................2 AND TRAFFIC CONTROL . . . . . . . . . . . . . . 2 A. Traffic Control Plans . . . . . . . . . . . . . . . . . . 2 B. "No Parking, Tow- Away" Signs . . . . . . . . . . . . . . . . . 3 VII. UTILITY SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VIII. WORK WITHIN MACARTHUR BOULEVARD RIGHT -OF -WAY . . . . . . . . . . . 3 IX. CALTRANS PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . 4 X. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . . 4 XI. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . . 4 A. Removals . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. P.C.C. and A.C. Improvements . . . . . . . . . . . . . . . . . 4 C. Parking Lot Slurry . . . . . . . . . . . . . . . . . . . . 5 D. Parking Lot Striping and Pavement Markings . . . . . . . . . . 6 E. Railing. . . . . . . . . . . . . . . . . . . . . 7 F. Cement Masonry Units (CMU) . . . . . . . . . . . . . . . . . . 7 G. Parking lot Lighting . . . . . . . . . . . . . . . . . . . . . 8 H. Parking Lot Meter Posts . . . . . . . . . . . . . . . . . . . . 8 • • SP 1 of 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MACARTHUR BOULEVARD TO SEA LANE SIDEWALK CONNECTION JAMBOREE ROAD SLOUGH WALL BETWEEN BAYSIDE DRIVE AND PACIFIC COAST HIGHWAY BAYSIDE DRIVE SLOUGH WALT_ BETWEEN COUNTY ROAD AND CARNATION AVENUE BAYSIDE DRIVE PARKING '-OT IMPROVEMENTS DAHLIA AVENUE PARKING LOT METERS CONTRACT NO. 2707 I. SCOPE OF WORK The work to be done under this contract includes, but is not limited to (1) excavating for and constructing reinforced masonry retaining walls at 3 separate locations; (2) modifying parking lots at a fourth location; (3) installing parking lot meters at a fifth location; and (4) performing all other itmes of work at the five (5) locations as necessary to complete the work in place. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing Nos. M- 5246 -S, M- 5251 -L, R- 5586 -S, R- 5587 -S, and R- 5588 -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 tan ar pedal 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., 3 Overland erland Avenge, Los Angeles, California 90034, telephone (213) 202 -7775. II. CLASSIFICATION OF CONTRACTORS LICENSE At the time of award the Contractors shall possess a General Engineering Contractor A license, a Specialty Concrete Contractor C -8 license, or a Specialty Masonry Contractor C -29 license. III. TIME OF COMPLETION AND SCHEDULE OF WORK The Contractor's schedule of work shall satisfy the following requirements: A. All work under this contract shall be completed by July 28, 1989, and: 1. Work at MacArthur Boulevard to Sea Lane Sidewalk Connection site shall be completed within 33 consecutive calendar days. 2. Work at Jamboree Road Slough Wall between Bayside Drive and Pacific Coast Highway site shall be completed within 19 consecutive calendar days. SP 2 of 8 3. Work at Bayside Drive Slough Wall between County Road and Carnation Avenue site shall be completed within 19 consecutive calendar days. 4. Work at Bayside Drive Parking Lot Improvements site shall be completed within 33 consecutive calendar days. 5. Work at Dahlia Avenue Parking Lot Meters site shall be completed within 12 consecO ve calendar days. B. The Contractor shall perform work at the Bayside Drive Parking Lot Improvements site in two phases such that one of the two lots is available for public parking in all existing or proposed parking stalls at all times. C. The Contractor shall perform work at the Dahlia Avenue Parking Lot Meters site in two phases such that no less than one half of the parking stalls are available for public parking at all times. D. The Contractor shall ensure the availability of all materials prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time at any site. E. No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit his proposed schedule of work per Standard Specifications Section 6 -1 and Standard Special Provisions Section 2 -1.4. IV. PAYMENT The unit price bid for each item of work shown on 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 (i.e., removals, excavation, sawcutting, patchback, protecting property corners, dewatering, etc.) shall be included in the unit price bid for related items of work. Partial payments for Mobilization shall be made in accordance with Section 10264 of the California Public Contract Code. V. WORK HOURS City ordinance limits working hours (including equipment maintenance) to Monday through Friday from 7:00 a.m. to 6:30 p.m. and Saturday from 8:00 a.m. to 6:00 p.m. No work shall be performed on Sundays or holidays. VI. PUBLIC CONVENIENCE AND TRAFFIC CONTROL A. Traffic Control Plans The Contractor shall submit to the Engineer and to Caltrans traffic control plans which incorporate the following: • , SP 3 of 8 1. Traffic flow outside of a street or alley closure area shall be maintained. 2. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the motorists. 3. A complete and separate plan for each phase of construction shown in the proposed construction schedule showing all items listed under 1, above. Traffic control plans shall be prepared in accordance with the attached Caltrans Encroachment Permit, State Standard T -12 or the WATCH handbook, whichever applies. No work shall begin until traffic control plans have been approved by the Engineer. No work shall begin at the MacArthur Boulevard site until traffic control plans have also been approved by Caltrans. B. "NO PARKING, TOW- AWAY" Signs Wherever the Contractor's work will require a temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING" signs which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644 -3740, for verification of posting at least 40 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 on the Caltrans Uniform Sign Chart. The Contractor shall print the hours, day and date of "NO PARKING" in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. VII. UTILITY SERVICE Construction water may be obtained from certain nearby City fire hydrants by making arrangements with the City Utilities Department, telephone (714) 644 -3011. If the Contractor desires to use City 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. The City will apply to and pay directly for the Southern California Edison connection at Bayside Drive Parking lot Improvements site. VIII. WORK WITHIN MACARTHUR BOULEVARD RIGHT -OF -WAY The MacArthur Boulevard right -of -way line is shown on the plans. Construction work within MacArthur Boulevard right -of -way requires that SP 4 of 8 the Contractor obtain a rider to the attached Caltrans Encroachment Permit. There shall be no work or deliveries performed within MacArthur Boulevard until the Contractor obtains the Caltrans rider permit. No materials shall be stockpiled or stored within MacArthur Boulevard right -of -way unless a separate Caltrans permit is obtained. IX. CALTRANS PERMIT The Contractor shall comply with all provisions of the attached Department of Transportation (Caltrans) Encroachment Permit. He shall obtain a rider from the Orange County Caltrans office, 2501 Pullman Street, Santa Ana, CA 92705, prior to the commencement of work. He shall pay Caltrans fees for the rider, and shall be reimbursed (without markup) for said fees by the City. X. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be provided by the Engineer. If the Contractor disturbs a property corner, it shall be his responsibility to reinstall the property corner, and no additional allowance will be made therefor. XI. CONSTRUCTION DETAILS A. Removals This work shall be performed in accordance with the applicable requirements of the Standard Specifications, except as modified herein: 1. Joins to existing pavement shall be made by sawcutting. 2. Existing P.C.C. or A.C. improvements to be removed shall be sawcut at minimum two (2) inches deep along property lines and join lines as shown on the plans. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Final removal accomplished by other means, such as hard -blow pavement breakers and stompers, shall be approved by the Engineer. B. P.C.C. and A.C. Improvements This work shall be performed in accordance with the applicable requirements of the Standard Specifications except as modified herein. 1. Street pavement section shall be 1" AC type III- C3- AR4000 over 5" AC type III- B2- AR4000 over 21" CAB. 2. Parking lot pavement section shall be 3" AC Type III -B2 -AR 4000 over 4" CAB. 9 SP5of8 Concrete improvements shall be constructed with Class 560 -C -3250 concrete. Exposed concrete surface shall conform in grade, dimension, color and finish to adjoining P.C.C. improvements. Parking Lot Slurry Parking lot slurry shall be latex fortified Type I in accordance with the Standard Specifications except as modified and supplemented herein. 1. Materials Asphalt Emulsified asphalt for slurry shall be of the cationic quick -set type unless otherwise approved. Emulsified asphalt shall conform with the requirements of Standard Specifications Subsection 203 -3, for CSS -Ih Grade. b. Additives Ammonium Sulfate - in liquid form shall be used as a retardant for cationic emulsion aggregate slurry. The amount of retardant shall be that amount necessary to (1) prohibit the slurry from setting up prematurely in the spreader box, and (2) permit the parking lots to be opened to traffic within three hours after the application without tracking or damage to the slurry. 2. Portland Cement - shall be used as an accelerator. The amount used shall be that amount necessary to (1) prohibit the slurry from setting up prematurely in the spreader box, and (2) permit the parking lots to be opened to traffic within three hours after the application without tracking or damage to the slurry. 3. Latex - shall be added to the emulsified asphalt at the asphalt plant at the rate of 21 parts latex to 100 parts emulsified asphalt by volume. Latex mixed in the emulsified asphalt shall be kept in a suspended state by an agitating mixer every three days. The latex - added emulsified asphalt shall be kept in suspended state by an agitating miser every three days. The latex -added emulsified asphalt shall be mixed at a rate of 12 to 20 percent by weight of the dry aggregate. The exact rate shall be determined by a certified materials- testing laboratory approved by the Engineer in advance of testing. Materials testing shall be per- formed at the Contractor's sole expense. The Contractor shall only order the amount of latex -added emulsified asphalt form the plant that he plans to use 0 • SP 6 of 8 that day. Any excess latex -added emulsified asphalt to be stored in a suspended state shall require an agitating mixer every three days. Latex shall be Ultrapave 65 VC produced by the Textile Rubber and Cement Company, Inc., (714) 521 -2233 or equal approved by the Engineer in advance of ordering latex. Text reports and certifications shall be made in accordance with Section 203 -1.3 of the Standard Specifications, except as supplemented or modified below: Seven days prior to the start of construction, the Contractor shall deliver sufficient amounts of samples of the latex -added emulsified asphalt and the aggregate to be used on this project to the laboratory for evaluation and determination of the optimum mixing proportions. A copy of the test report shall be submitted to the Engineer for review and approval. The Contractor shall not begin work until the Engineer approves the test results. Application Add the following to standard specifications Subsection 302 - 4.3.2: "Prior to applying the slurry, the surface shall be cleared and cleaned by the Contractor of all loose material, vegetation, oil and other foreign material. "The application shall be sufficiently cured for the parking lots to be opened to traffic by 4:00 p.m. without tracking or damage to the surface. The slurry shall be applied at the rate of 1850 square feet per extra long ton. The Contractor shall protect or clean all adjacent P.C.C. curb and gutter improvements covered by slurry materials. The Contractor's method of such protecting and cleaning shall be approved by the Engineer prior to start of slurry placement. Parkinq Lot Stripinq and Pavement Markin This item of work shall be done in accordance with Section 210 -1.6, "Paint for Traffic Striping, Pavement Marking and Curb Marking" and Section 310 -5.6, "Painting Traffic Striping, Pavement Markings, and Curb Markings" of the Standard Specifications, except as modified by these Special Provisions. Paint for parking lot striping and pavement markings shall be white Formula Number 2342 -A9 and yellow Formula Number 2343 -A9 as manufactured by J.E. Bauer Company or approved equal. • • SP 7 of 8 Delete Paragraph 1 of Subsection 310 - 5.6.7, "Layout, Alignment and Spotting" of the Standard Specifications and add the following: The Contractor shall perform all layout, alignment and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Striping shall not vary more than 112 inch in 40 feet from the alignment shown in the plans. The Contractor shall mark or otherwise delineate the new pavement markings within 24 hours after the removal or covering of existing striping and markings. The parking lots shall not be opened to public use without the proper striping. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all other contract work until the striping has been properly performed. Such termination of work shall require that the Contractor reinstall "NO PARKING, TOW- AWAY" signs in accordance with Section VI.B herein at the Contractor's sole expense. One application of paint shall be applied to all striping and markings within 24 hours after the slurry has been applied. E. Railing Railing and railing installation shall be in accordance with Sections 206 -5 and 304 -2 of the Standard Specifications except at modified by the Special Provisions: 1. Components shall be fabricated from 1}" diam. Schedule 40 extruded aluminum. 2. Aluminum shall be alloy 6061 -T6 or 6063 -T6. 3. Components shall be light bronze anodized after fabrication to Architectural Class I (0.7 mils min.). 4. Welds, grinding and mechanical fasteners shall not be visible in the installed finished product. 5. Railing shall be secured in 3 -inch diameter grout pockets with quick setting hydraulic cement, such as Quick -Rok or Por Rok. Grout shall be finished to shed water from railing posts. F. Cement Masonry Units (CMU Block and block construction shall be in accordance with Sections 202 -2 and 303 -4 of the Standard Specifications except as modified by these Special Provisions: 1. CMU for MacArthur Boulevard sidewalk connection shall be colored slumped block to match existing CMU (similar to ORCO's "La Paz "). • SP 8 of 8 2. CMU for Jamboree Road slough wall shall be the colored slumped block used for MacArthur Boulevard sidewalk connection. 3. CMU for Bayside Drive slough wall shall be normal weight grey block. 4. Mortar shall be tinted to match CMU color. G. Parking Lot - ighting 1. Bayside Drive parking lot standards (electroliers) and installation shall be per Sections 209 and 307 of the Standard Specifications, except as modified by Drawing No. Std. 202 -L -A. 2. Pacific Union Metal Company (PUMCO) poles shall be fitted with an adaptor bracket, ballast, starter card and socket for 70W X 240V HPS lamps. New lamps shall be furnished. 3. Myers cabinet shall be furnished and installed per Drawing No. Std. -206 -L. 4. Pull boxes shall be Brooks Product No. 31. H. Parking Lot Meter Posts Bayside Drive and Dahlia Avenue parking lot meter posts and installation shall be per Standard Specifications, except as modified by Drawing No. Std.- 912 -L or these Special Provisions. Meter posts shall be centered along the prolongation of parking stall striping. 9 BEG( CARNA' FERNLE GOLDENA PROJECT VICINITY MAP m m m LOCATION N.T. S. _ m _ aI ALLEY � h ,II \ 2.�6 • v, I. I i M I , I UJ 9-r Ii Lam_ - - -_ �_ —•_. � - -1 �.:I I ' j P IL I = 30 16%.Tms, IV - - - - - - - - - - LEGEND DAHLIA AVENUE • INDICATES METER POST T. CONSTRUCTION NOTES o INDICATES PALL Box INDICATES PARKINy LIGHT 1O IAt9TALL PAIZ10Ni METER POOr PE2 6TD- 912-L(TYP.) CITY OF NEWPORT BEACH I DRAWN ALIG DATE PURIIC WAWKS DEPAwr"FNT I APPROVED / DAHLIA AVE. PARKING LOT METERS PUBLIC WORKS DRAWING NO. M - 5 2 51- L NCCRRTMCNT OP TRM71 77uRTAT x ON c GRLTRANO > ENCROACHMENT PERMIT OM�-MrP— �03AtRGV � /YZ) In compliance with (check one): X Your application of OCTOBER Utility Notice No. Agreement No. R/W Contract No. 1988 of of of TO: CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 ATTN; LLOYD DALTON I Perm 1 O No. 1288 -NCS -0148 12 -ORA- 073 - 0.20/0.26 March 14. 1989 $EXEMPT $ 11 , PERMITTEE tend subject to the following, PERMISSION IS HEREBY GRANTED to: enter State right of way along the northbound side on MacArthur Boulevard, ORA- 073, between Harbor View and San Miguel in the City of Newport Beach, to reconstruct existing shoulder pavement, construct new P.C.C. curb, gutter and sidewalk; to construct and maintain masonry walls, all in accordance with current State Standard Plans, Standard Specifications, the attached Special Provisions and Permit Plans dated March 14,1989. Permittee shall notify the State Permit Inspector BOB SCHAPER at 714/639 -6851 between 0700 and 0900 a minimum of two working days prior to the initial start of work. The following attachments are also included as part of this permit (Check applicable): I Yes General Provisions -Ves X No Utility Maintenance Provisions A Yes No Special Provisions A, B, C, T -11 _ Yes _ No A Cal -OSHA permit required prior to beginning work: 1 continued sheet 2 In addition to fee the permittee will be billed actual costs for: X Yes _ No Review Y Yes No Inspection X Yes Field Work (If any Caltrans effort expended) _ Yes _ 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 cooleted before OCTOBER 30, 1989 This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. ORANGE (2) SCHAPER KEITH E. McKEAH, District Director 10 1 ALFRED -L. ANSUTAtO, Assoc. District Permit Engineer CITY OF NEWPORT BEACH • • 8 1288 -NCS -0148 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. If the work authorized by this permit is to be performed by contractors forces for a Public Agency, the Permittee's contractor shall furnish the State with a signed application requesting a separate Caltrans permit authorizing the contractor to perform the work within the State Highway right of way for the Permittee. The Permittee's contractor will be required to reimburse the State for the cost incurred for engineering inspection of the work within the State right of way and other permit related field work performed by Caltrans Maintenance Forces. For this specific permit, Permittee's Contractor will be required to deposit a fee of $1,430.00 along with the application. 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 March 14, 1989 at the job -site at all times while work is being conducted. 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. 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 0900 to 1500. 2 II CONTINUED SHEET 3 CITY OF NEWPORT BEACH N 1288 -NCS -0148 The proposed curb, gutter and sidewalk construction is approved provided that ponding along MacArthur Boulevard will not be created by this work. The proposed sidewalk shall be constructed of four -inch thick P.C.C. over six inches of compacted class 4 aggregate subbase. By acceptance of this permit, the City of Newport Beach agrees to accept maintenance and liability for the masonry walls constructed inside State right of way under this permit. Orange vests and hard hats shall be worn at all times while working within State right -of -way. I Pedestrian traffic shall be protected at all times. " 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 " Immediately following completion of the work permitted herein, the Permittee shall fill out and mail the Notice of Completion attached to this permit. KI DEPARTMEhTU. TNA.4SPORTATI0x ENCROACHMENT PERMIT GENERAL PROVISIONS OM M V 202H IR, 1189) PA 3. 4. S. 11 7. 8. 1 3 Anthority: Each Encroachment Per- mit Is Issued In accordance with Chap- ter 3 of Division 1, commencing with Section 660, et seq., of the Streets and Hlghwayc Code (SHC). Revocation Except as otherwise pro- vided for public corporations fran- chise holders, and utilities En- croachment Permits are revocable on five (5) days notice These General Pro visions Utility Maintenance Pro visions and any Encroachment Permit Issued hereunder are revocable or sub ject to modification or abrogation at any time, without prejudice, however, rto, righ, :.:.., ludk:p thus cvtden- ced by joint use agreements franchise rights reserved rights or any other agreements for operating purposes in the State highway right -of -way. Responsible Partr. No party other than the named permittee or their agent Is authorized to work under any permit Acceptance of Provision It Is understood and agreed by the permit - tee that the doing of any work under this permit shall constitute an accep- tance of the provisions of this permit and all attachments Notice Prior to Starting Work: Before starting work under the Encroach- ment Permit. the permittee shall notify the designated Department mpresen- tattve two (2) working days prior to Ini- tial start of work When work has been Interrupted for more than five (5) work- ing days an additional 24 -hour notification is required before restart- ing work unless a pre - arranged agree- ment has been made with the Department's representative Unless otherwise specified all work shall be performed on weekdays and during normal working hours of the Depart- ment's representative Standards of Construction: All work performed within the highway shall conform to recognized standards of construction and the current Depart- ment Standard Specifications, Stan- dard Plans and Manual on High and Low Risk Facilities Within Highway Rlghtsof- -Way and any Special Pro. visions relating thereto. Inspection and Approval by the Department All work shall be subject to monitoring Inspection, and approval by the Department The per- mittee shall request a final Inspection and acceptance of the work Beep Permit on the Work Site: The Encroachment Permit or a copy thereof shall be kept at the site of the work and must be shown to any rep- resentative of the Department or any law enforcement officer on demand WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE AS PROVIDED. 9. Conflicting Permits If a prior encroachment conflicts with the pro- posed work the new permittee must arrange for any necessary removal or relocation with the prior permittee. Any such removal or relocation will be at no expense to the Department 10. Permits From Other Agencies: The party or parties to whom a permit Is Issued shall. whenever required by law, secure the written authorization for any work that must be approved by the Public Utilities Commission (PUC) of the State of California CALOSHA, or any other public agency having jurls- `ction. Feb npl, with the law. as noted above, will invalidate the Department's permit 11. Provisions for Pedestrlane Where facilities exist a minimum sidewalk and blkepath width of four feet (4') shall be maintained at all times forsafe passage through the work area At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic At locations where adjacent of tematewalkways cannot be provided appropriate signs and barricades shall be Installed at the limits of construction and in advance of the closure at the nearest crosswalk or Intersection to divert pedestrians across the street 12. Protection of Traffic: Adequate pro visions shal I be made for the protection of the traveling public Warning signs lights and safety devices and other measures required for the public safety, shall conform to the require, ments of the Manual of Traffic Controls Issued by the Department Traffic control for day or nighttime lane closures shall be In conformance with Department Standard Plans for Traffic Control Systems Nothing in the permit Is intended as to third parties, to impose on permittee any duty, or standard of care greater than or dif- ferent than the dutyor standard of care Imposed by law. 13. Mlnimnm Interference with Traf- fic: All work shall be planned and car- ried out so that there will be the least possible Inconvenience to the travel- ing public The permittee is authorized to place properly attired fiaggerls) to stop and warn conventional highway traffic Traffic shall not be unreason- ably delayed Flagging procedures shall be in conformance with the Instruc- tions to Flaggers pamphlet and/or Manual of Traffic Controls for Construction and Maintenance Work Zones Issued by the Department 14. Storage of Equipment and Materials: The permittee shall Install temporary ratling(7ype 19 between any lane carry- ing public traffic and any obstacle, material stored or equipment parked within twelve feet (12') of the lane • 15. 16. 17 18. 19. !3t� 21 Utilities are subject to the provisions of Section 22512 of the California Vehicle Code (CVC). Care of Drainage. If 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 he directed by the Department MakingRepain: In every case the per - mlttee 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 reh;..else disturtr,' '.. permittee The permittee shall main- tain the surface over facilities placed under any permit If the highway Is not restored as herein provided for, or If the Department elects to make repairs permitter agrees by acceptance of per- mit to bear the cost thereof. Permits for Record OW.. If occupa- tion of highway right -of -way is under joint use agreement or under prior easement Encroachment Permits will be issued to the permittee for the pur- pose of providing the Department with notice and a record of work The permit will also specify the current terms and conditions relating to public safety. No new or different rights or obligations are intended to be created by the permit In such cases and all such prior rights shall be fully protected Encroachment Permits Issued In such cases shall have designated across the face thereof, "Notice and Record Purposes Only'. (District Office of Right of Way must give approval for this designation) Clean Up Right- of-Way: Upon com- pletion of the work all blush. timber. scraps material. etc, shall be entirely removed and the right -of -way shall be left In as presentable a condition as existed before work started CostofWorlr Unless otherwise stated on the permit or other separate written agreement. all costs Incurred for work wlthing the State right -of -way pur- suant to this Encroachment Permit shall be home by the permitter and permittee hereby waives all claims for Indemnification or contribution from the State for such work Aelnal Coat Billing: Whenthepermit- tee Is to be billed actual costs (as Indicated on the face of the permit), such costs will be at the current hourly rate established by the Department for Encroachment Permits Submit Plain For Installation of all underground facilities, and all surface work or other activity of consequence the permitter shall furnish five (5) sets of plans showing location and con- struction or other activity with its application Thirty (30) days after 22. 23. 24. )4 0 completion and acceptance of the work one (1) set of asbuilt plans shall be submitted to the District Bonding This permit shall not be effective for any purpose unless, and until the permittee files with the Department a surety bond when required by the Department In the form and amount required by the Department A bond is not ordinarily required of any public corporation or publicly or privately-owned utility but will be required of any utility that falls to meet any obligation arising out of the work permitted or done under an Encroachment Permit or fails to maln- raln its plant work or facilities. The said bond shall remain in force for a period of one (1) year after acceptance of the work by the Department Maintenance of Highways: The permittee agree& by acceptance of a permit, to property maintain any encroachment This will require Inspection and repair of any damage to State facilities resulting from the encroachment Responsibility for Damage: The State of California and all officers and employees thereof Including but not limited to the Director of Transporta- tion and the Deputy Director, shall not be answerable or accountable In any manner, for Injury to or death of any person. Including but not limited to the permittee persons employed by the permlttm persons acting In behalf of the permittee; or for damage to pro- perty from any cause The permittee shall be responsible for any liability Imposed by law and for Injuries to or death of any person, Including but not limited to the permittee, persons employed by the permittee persons acting In behalf of the permittee, or damage to property arising out ofwork or other activity permitted and done by the permittee under a permit or aril Ing out of the failure on the permittee s part to perform his obligations under any permit In respect to maintenance or any other obligations, or resulting from defects or obstruction& or from any cause whatsoever during the pro grew of the work or other activity or at any subsequent time work or other activity is being performed under the obligations provided by and contem. plated by the permit The pernittee shall indemnify and save harmless the State of California and all officers and employees thereof, including but not limited to the Direc- tor of Transportation and the Deputy Director, from all claim& suits or actions of every names kind and des cription brought for or on account of Injuries to or death of any person. including but not limited to the permlttm persons employed by the permhtee, persons acting In behalf of the permittee and the public or damage to property resulting from the performance of work or other activity under the penult, or arising out of the failure on the permlttee's part to per- form his obligations under any permit In respect to maintenance orany other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work or other activity or at any subse- quent time work or other activity Is being performed under the obligations provided by and contemplated by the permit except as otherwise provided by statute The duty of the permittee to indemnify and save harmless Includes the duties to defend as set forth In Section 2778 of the Civil Code The permittee waives any and all rights to any type of expressed or Implied indemnity against the State Its officers or employees. It is the intent of the parties that the permittee will indemnify and hold harmless the State, Its officers and employees from any and all claims, suits or actions as set forth above regardless of the exis- tence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of the State, the permittee. persons employed by the permittee. or persons acting in behalf of the permittee. 25. Federal Civil Rights Requirements for Public Accommodation: A The permittee. for himself, his personal representatives. successors In interest and assign& as part of the considers- tlon hereof, does hereby covenant and agree that 11 no person on the grounds of race color, or national origin shall be excluded from participation 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 furnishing of services thereon. no dis crimination shall be practiced In the selection of employees and contrac- tors, by contractors in the selection and retention of first -tier subcontrac- tors In the selection of second -tier subcontractors, 3) that such dis- crimination shall not be practiced against the public In their access to and use of the facilities and services provided for public accommodations (such as eating sleeping rest recrea- tion), and operated on, over, or under the space of the right -of -way, and 4) that the permitice shall use the pre. mises In compliance with all other requirements Imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trades Subtitle A, Office of the Secretary of commerce part 8 t15 C.F.R. Pat 8) and as said Regulations may be amended B. That In the event of breach of any of the above nondiscrimination covenants. the State shall have the right to ter- minate the permit and to ri enter and repossess said land and the facilities 0 26. 27 28. 29. thereon. and hold the same as if said permit had never been made or issued No Precedent Established: this per- mit Is issued with the understanding that any particular action is not to be considered as establishing any precen- dent (1) on the question of the expediency of permitting any certain kind of encroachment to be erected within right -of -way of State highway& or (2) as to any utility of the accep- tability of any such permits as to any other or future situation. Archaeological: The permittee shall cease work In the vicinity of any archaeological resources that are revealed The Permit Engineer shall be notified Immediately. A qualified archaeologist retained by the pennit- tee, will evaluate the situation and make recommendations to the Permit Engineer concerning the continuation of the work Future Moving of Installations: If the Encroachment Permit was Issued at the request of the permittee. It is understood that whenever State con- struction. reconstruction or main. tenance work on the highway requires the installation to be moved adjusted or relocated the permittee. at his sole expense, upon request of the Depart- ment shall comply with said request Prevailing Wages: Construction. alteration, demolition. repair or main- tenance work performed under a per. mit issued by the Department uf'frans- portation may require the ownevper� mittee to pay all workers emploved b}' the contractor and subcontractors the appropriate predetermined prevailing wage rates as set by the Director of the Department of Industrial Relations. See California Labor Code. Division 2. Part 7. (commencing with section 1720). Streets and Highways Code. Chapter3. Article 2 Section 671.1. and Opinion of the Attorney General of the State of California No. 86.803. dated December 31. 1986. Inquiries or requests for interpret. ations relative to the enforcement of prevailingwage requirement should be directed to the State of California. Department of Industrial Relations. 525 Golden Gate Avenue. San Fran. cisco. California 94102. 0 0 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. 4. 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 prevail. 6. 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,' 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. IT Department of Transportalon (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, removed 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. ►b Department of Transportoon (CALTRANS) 49 .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 Permittee 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. !7 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, backfillinq 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. 16 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 Tpproved 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 crossfal.l 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 existing curb and gutter. ri r • -2- • 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 rain water 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 Ivariab+5' 4" rtun ° ° ° ° ° C7 & 8" min. ° aggregate base �• ° ° ° 0 ' aggregate subbase R/W Line min A idewal 4" iase 4" T -2► :Department of Transportation (Caltrans) STANDARD SPECIAL PROVISION "C" - (EXCAVATION AND BACKFILL) 1 -82 I. This Special Provision sheet "C" and its attachments are to be used as a minimum specification for excavating and backfillinq within State right of way. II. Excavation Crossing Roadway: 1. Pipes shall normally be jacked or otherwise forced underneath pavement without disturbing same. Pavement or roadway shall not be cut unless specifically allowed by the permit. Service pipes will not be permitted inside of culverts used as drainage structures. 2. Except for minimum dimension cut at tie -in to main, no open excavation shall be made within 5' of the improved shoulder or between the curb lines. 3. Contractor shall comply with all State and local safety codes relative to safety measures for protection of workmen in trenches and excavations (State of California Administrative Code, Title 8). 4. All excavation shall be shored and /or tight sheeted in accordance with CAL OSHA requirements. 5. Work shall not be nermitted in confined spaces until all possible hazardous gases and vapors have been purged. workmen shall be equipped with adequate blowers, safety harnesses , hard hats, ropes, ladders and any other equipment necessary. when working in confined spaces, CAL OSHA requirements shall be adhered to. I . Service connections must be installed at an angle of 90 degrees from the center line of the State highway which the main traverses. 7. When the permit authorizes installation by the open -cut method not more than one lane of the highway pavement shall be open -cut at any one time. Any exceptions shall be in writing by the State representative. After the pipe is placed in the open section, the trench is to be backfilled in accordance with specifications, temporary repairs made to the surfacing and that portion opened to traffic before the pavement is cut for the next section. 8. Hazardous pipeline potholing clauses (petroleum distilates, gas, electricity, chlorine, etc.): The Permittee shall furnish Caltrans with the results of this exploration, having the location and grade shown to the nearest one -tenth foot tied to State's datum, and certified by a licensed surveyor or professional engineer (civil). 9. P.C.C. pavement shall be scored to a minimum depth of 1 -1/2 inches by means of a concrete saw to provide a neat and straight pavement break along both sides of trench; also, provide an unfractured pavement joint and rigid bonding of pavement replacement patch. r • -2- • Department of Transportation (Caltrans) STANDARD SPECIAL PROVISION "C" - (EXCAVATION AND BACKFILL) 1 -82 II. Excavation Crossing Roadway (continued) 10. A.C. pavement shall be scored as required above for P.C.C. pavement except where in the opinion of the State Inspector the pavement has been cut neat and straight along both sides of trench to provide an unfractured and level pavement joint for bonding. 11. Where the edge of the trench is within 2 feet of existing curb and gutter, the asphalt concrete pavement between the trench and the curb shall be removed and replaced. 12. A minimum sidewalk and bike path of 30 inches must be maintained at all times for safe passage through the work area. 13. A minimum lateral clearance of 5' shall be provided between the edge of excavation and adjacent traffic lanes. A minimum lateral clearance of 2' shall be provided between the edge of surface obstruction and the adjacent traffic lane. Where 5' of clearance is not provided, the excavation shall be shored and tight sheeted. In no case shall the clearance be less than 21. 14. Banks of open -cut trenches shall be kept as nearly vertical as possible. Trenches shall not be more than 24" wider than the outside diameter of the pipe to be laid therein, plus the necessary width to accomodate sheeting. 15. All open trenches within the traveled way shall be backfilled, compacted and temporary repairs made to the surfacing before leaving the job site at the end of the working day. 16. Tight sheeting and properly placed and maintained steel plates may be substituted for backfi.11ing as authorized by the Permit Inspector. 17. If no spoil bank is placed between the open excavation and the traveled way, all open trench shall be backfilled and compacted prior to leaving the job site at the end of the working day. 18. The trench shall not be excavated more than 300' in advance of pioe laying and shall not be left open more than 200' in the rear thereof. Resurfacing of any given portion of the trench shall be completed within one week following laying of pipe in that section. 19. All vegetation shall be removed from the area of the trench before commencing with the excavation operations. 20. No tree roots over 2" in diameter shall be cut. The roots over 2" in diameter shall be carefully tunneled under and wrapped in burlap and kept moist until the trench has been backfilled. Trenching machines shall not be used under the trees if the trunk or limbs will be damaged by their use. o� � -3- Department of Transportation (Caltrans) STANDARD SPECIAL PROVISION "C" - (EXCAVATION AND BACRFILL) 1 -82 II. Excavation Crossing Roadway (continued) 21. If the trees involved are close together or of such size that it is impractical to protect all roots over 2 inches in diameter or further that cutting of roots under 2 inches in diameter may permanently damage the trees, special arrangements shall be made by the Permittee to prune the tree tops in order to balance root loss. This work shall be performed under the close supervision of the State Tree Maintenance Supervisor. 22. No manhole shall be constructed within 20' of any parkway tree. 23. Temporary pavement patches shall be placed and maintained in a smooth riding plane free of humps or depressions. III. eackfill 1. Structural backfill within the existing or proposed roadbed area shall be compacted in horizontal layers not exceeding 8" in thickness using approved hand, pneumatic or mechanical type tampers to obtain a "relative compaction" of 95 percent using California Test Method 216F. Structural backfill outside of slope lines and not beneath the roadbed shall be compacted to a "relative compaction" of 908. Backfill material shall have a "Sand Equivalent" value of not less than 20 as determined by the California Test Method 217F, if the excavation falls within the existing or proposed roadbed. Consolidation by ponding and jetting will be permitted when, as determined by the inspector, the backfill material is of such character that it will be self- draining when compacted, and the foundation materials will not be softened or be otherwise damaged by the applied water and no damage from hydrostatic pressure will result. Ponding and jetting of the upper 4' below finished grade is not permitted. When ponding and jetting is permitted, material for use as structural backfill shall be placed and compacted in layers not exceeding 4' in thickness. Ponding and jetting methods shall be supplemented by the use of vibratory or other compaction equipment when necessary to obtain the required compaction. 2. Sackful material may consist of sand - cement slurry using 2 sacks of cement per cubic yard of sand and water with 2% of calcium chloride as determined and authorized by the Permit Inspector. 3. Where it is necessary to tunnel under existing curb and gutter, sidewalk, or underground facilities, the void shall be backfilled with 2 sack sand - cement slurry. 4. By accepting this permit, the Permittee agrees to pay all laboratory costs in connection with the necessary tests which may be required by the Department of Transportation engineer to determine the sand equivalent value of the backfill material or the trench backfill compaction. It is further understood that the frequency of such tests shall be a minimum of one test per maximum of 1500' of continuous trench at elevations of not less than every �2 J 2' of backfill depth. 0 -4- • Department of Transportation (Caltrans) STANDARD SPECIAL PROVISION "C" - (EXCAVATION AND BACKFILL) 1 -82 5. Prior to starting the trench backfill, the Permittee shall make the necessary arrangements with materials testing laboratory to conduct these tests with certification from a professional engineer (civil). IV. Pavement Repairs 1. Repairs to P.C.C. pavement shall be made within 5 working days of completion of backfill and shall be made of Portland Cement Concrete containing a minimum of 7 sacks of cement per cubic yard. Replacement of P.C.C. pavement shall equal existing pavement thickness. The concrete shall be satisfactorily cured and protected from disturbance for not less than 48 hours. High early cement may be required at the discretion of the Permit Inspector. 2. Concrete sidewalks or curbs shall be cut to the nearest score marks and replaced equal in dimensions to that removed with score marks matching existing adjacent sidewalk or curb. 3. Repairs to A.C. pavements shall be made within 5 working days of completion of backfill and shall be made with asphaltic concrete meeting State specifications, with every effort made to match the existing pavement as to color and surface texture. 4. Replacement of the roadway structural section (pavement, base, subbase, etc.) shall be equal or better in all respects to the thickness and materials in the best portions of the existing structural section. Minimum thicknesses shall be 4" asphaltic concrete on 8" class II aggregate base. V. REQUIRED MARKERS Except as hereinafter provided in paragraph 3 of this subsection, all underground installations of pipes, cables, and conduits in a highway right of way shall be marked and designated as follows: 1. All New Installations of Underground Crossovers, Except Service Laterals: A timber or other suitable marker shall be installed and maintained by Permittee outside the ditch line at locations suitable to the State Representative where no curbs exist; such marker shall extend 30 inches above the roadway surface and have stenciled thereon the nature of the underground obstruction and the name or identifying symbol of the Permittee. Where curbs exist, the crossover shall be identified by description and owner's name stenciled on curb in black letters on white background in a compact and legible manner. sy -5- F Department of Transportation (Caltrans) STANDARD SPECIAL PROVISION "C" - (EXCAVATION AND BACKFILL) 1 -82 V. REQUIRED MARKERS (continued) 2. All New Logitudinal Installations of Underground Pipes, Cables or Conduits: Where no curbs exist, timber or other suitable markers shall be placed adjacent to the conduit or offset to such distance as may be specified and at intervals not in excess of 1,000 feet, at each angle point, or where nonconcentric with the highway improvement, at least every 300 feet. Where the encroachment is located in the traveled way, timber or other suitable markers shall be placed at an offset outside the ditch line at locations suitable to the State Representative with an offset distance given. Where curbs exist, the information shall be stenciled on the curb near each intersection. 3. Markers should be placed so as not to interfere with vehicle recovery areas. 4. Exceptions: In counties and incorporated cities where the Permittee has filed a map or maps with the County Surveyor, City Engineer, District Director of Caltrans showing the ownership and description of the underground facilities mentioned in subsections (1) and (2) in accordance with ordinances, other regulations or established practice, it will not be necessary to mark or designate said facilities as required above. VI. CATHODIC PROTECTION The Permittee shall perform stray current interference tests on underground utilities under cathodic protection. The Permittee shall notify Caltrans prior to the tests and perform any necessary corrective measures recommended by Caltrans. VII. HIGHWAY STRUCTURES The Permittee will pay for any damage to highway structures caused by gas mains or other pipe lines carrying flammables. This includes, but is not limited to, explosion or fire resulting from such installations regardless of causation. If repairs are not feasible, complete replacement of structure may be necessary. The Permittee will indemnify and hold the State harmless from any and all claims for injury to oersons or damage to property resulting from such installation. VIII. LIMIT OF EXCAVATION No excavation is to be made closer than 10 feet from the edge of the pavement except as may be specifically set forth by the permit. .26� -6- Department of Transportation (Caltrans) STANDARD SPECIAL PROVISION "C" - (EXCAVATION AND BACRFILL) 1 -82 IX. TUNNELING Except in effecting emergency repairs on utilities no tunneling will be permitted, except on major installations as may be specifically set forth by the permit. X. UNDERGROUND FACILITIES Shall be in accordance with Caltran's "Policy on high and low risk underground facilities within highway rights of way." Unless otherwise authorized, pipes and conduits shall be installed in a manner to provide a minimum clearance of 42 inches between the top of pipe and surface. The attached Form #7 Rev. 6 -81 is part of this permit. .2 b 0 H H > O x CL a a x W z w I u Ca t Ca •• N E a o b 4 u L N ca P. ca u a 'O al C w u t� H J U 7 cc N a Q u J O O N ro a) O N O N 00 u arc H U) 3 > H O O a) s m c u 4i J L O 1. 0 c J O O Y Q C 4 L E N a) 3 L () N L > H •H a ro C n v C O b U O a o° x m U C <N U C .-I N Cr e E N N .y -moo t U)"r Q r c C v +-I O CC U al U H c E - E Un y C a w m p C O ro •.+C ca Q J J H 7.�w C al c C � m Q) + ca 'rca C c c CL c N arc ro > - a •o n 0 E n C H > nW 7 u L J E - c C N c c r00 i. a) x w C n N0. 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City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED: r CERTIFICATE OF INSUkANCE Letter A Company Letter B Company Letter C Page 12 Nationwide.Insurance Company Lompany 6300 Indiana Avenue Letter D j Company Lon Beach CA 90805 Letter E this 's to certi y that policies of insurance listed below have beenNOSaifei insured named above and are in force at this time, including attached endorsement(s). VOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by ragicsgeiKad mail, 4ttention: Public Works Department. By: _ , °` Date: April 27, 1989 Agency: Keltie McCloskey Business Lines Agent Telephone: 415 - 356 -5704 Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: acArthur Blvd to Sea Lane Sidewalk Connection; Jamboree Rd Slough Wall btwn Bayside Or and PCH; ayside Or Slough Wall btwn County Rd and Carnation Ave; Bayside Or Parking Lot Imprvmts; Dahlia Ave. arking Lot Meters (C -2707) (Project Title and Contract Number) NOTICE: Thi s not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may Pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and cone" ;is of such policies, including attached endorsements. LIM - ITS OF LIABILITY IN THMANDS M70— Polic Ag. ro ucts _'OMPANY TYPES OF INSURANCE Polic Exp. Each Completed _ETTER COVERAGE REQUIRED No. Date OccurrencE Operations A GENERAL LIA ILITY Comprehensive Form 74 -PR Bodily Injury $ $ Premises - Operations Explosion & Collapse Hazard-0001 Underground Hazard 506 -40 9/1/89 Property Damage $ $ Products /Completed Operations Hazard Bodily Injury Contractual Insurance and Property Broad Form Property Damage Damage Combined $2,000, $ 2,000, Independent Contractors Personal Injury $ 2,000, Personal Injury Marine Aviation AUTOMOTIVE LIABILITY A © Comprehensive Form 74 -BA 9/1/8 Bodily Injury 506 -40 (Each Person) $ [-4 Owned -0002 Bodily Injury (Each Occurrence) $ [� Hired Pro erty Damage Non -owned Bo ily Injury an Property Damage Combined $2,000, -EXCESS LIABILITY [� Umbrella Form 74 -CU 9/1/89 Bodily Injury 506-40E and Property [[ Other than Umbrella Form -0003 Damage Combined $ 1,000, $ 1,000, WORKERS' COMPENSATION Statutory A AND 74 -WC Each EMPLOYER'S LIABILITY 506 -40 9 1 8 100,1500,/100, Accident) VOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by ragicsgeiKad mail, 4ttention: Public Works Department. By: _ , °` Date: April 27, 1989 Agency: Keltie McCloskey Business Lines Agent Telephone: 415 - 356 -5704 Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: acArthur Blvd to Sea Lane Sidewalk Connection; Jamboree Rd Slough Wall btwn Bayside Or and PCH; ayside Or Slough Wall btwn County Rd and Carnation Ave; Bayside Or Parking Lot Imprvmts; Dahlia Ave. arking Lot Meters (C -2707) (Project Title and Contract Number) NOTICE: Thi s not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may Pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and cone" ;is of such policies, including attached endorsements. Y A' Page 13 CITY OF NEWPORT BEACF AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability $ (X) Combined Single Limit Bodily Injury Liability and Property Damage Liability $ 2,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. MacArthur Blvd to Sea Lane Sidewalk Connection; Jamboree Rd Slough Will 5. Designated Contract: btwn Bayside Or and PCH Ba -,ide Dr Slough Wall btwn County Rd R Carnation Ave.; Bayside Dr Parking Lot (Protect Title and Contract N. Improvements; Dahlia Avenue Parking Lot Meters (C -2707) This endorsement is effective 4/27/89 at 12 :01 A.M. and forms a part of Policy No ?4BA506- 405 -0002 of Nationwide Insurance Company (Company Affording Coverage) Insured Gateway Construction, Inc. Issuing Company Nationwide Insurance Cc Endorsement No. 1 Keltie McCloskey By 0 A orize Representative Page 14 CITY OF NEWPORT BEACH GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, 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 con- tained 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 (X) Comprehensive General Liability $ 2,000 each occurrence $ 2,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 5. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by regi' Tec� mail) gttentin Public Wvc Department ac rt ur B �d to Sea one idewa onn c ion; Jamboree Rd Slough Wall 7. Designated Contract: btwn Bayside Or and PCH; Bayside Or Slough Wall btwn County Rd and Carnation Ave; Bayside Dr Parking Lot (Project Title and Contract No.) Improvements; Dahlia Ave Parking Lot Meters (C -2707) This endorsement is effective 4[2 89 at 12:01 A.M. and forms a part of Policy No74PR506- 405 -0001 of Nationwide Insurance Company (Company Affording Coverage) Insured Gateway Construction, Inc. Endorsement No. Issuing Company Nationwide Insurance Company By 1 ki public Authorized to Publish Advertisements of all 'encludmg notices by Decree Of the Superior Court of Orange County, California. Number A -6214, dated 29 September. 1.961, and . A- 24831, dated 11 June. 1963 STATE OF CALIFORNIA County of Orange pu01. , .I.. 1p...a or ,w. mia. +n n .w ;n o pan, «m re P. cpWmn M,n I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Inviting Bids • of which copy attached hereto is a true and complete PUBLIC NOTICE copy, was printed and published in the Costa Mesa, NOTICE INVITING IND5 {I Newport Beach, Huntington Beach, Fountain Valley, sealed bide may be re- ceived at the Office of the Irvine, the South Coast communities and Laguna City Clerk, 3300 Newport Boulevard, P. O. Boa 1768, Beach issues of said newspaper for tiner; Newort Beach, CA 9266/8916 until 11:00 a.m. consecutive weeks to wit the issue(s) of PUBLIC NOTICE ion the 14th day of April. ' 11989, at which time such i bldg shall be opened and March 30 198 9 read for to McArthur Boulevard Sea, Lane Sidewalk Connectlon.l March 31 j 198 9 Bewber BeysldelDrve and i Pacll Coast Highway, Be d Drive Slough wall . Between County Road and; 198— Carnation Avenue, Baysidai Drive Parking Lot Improve -1 merits, Dahlia Avenue Park - Ing Lot Meters 198_ Contract No.: 2707' Enylnear's Esthnnlei $181,000 Approved by the City 198_ Council this 27th day of March, 1989. WANDA E. BAGGID, City Clerk Prospective bidders may I declare, under penalty of perjury, that the obtain one set of bid docu- menie at no cost at the office foregoing IS true and correct. of the Public Works Depart - 3300 ment, Newport Boulevard, P. O. Box 1768. Newport Beach, CA 92658 -8915. I Executed on rla1-ch 31 198 9 For further information, at Costa Mesa, California. call Lloyd R. Dalton. Project Manalis e, 6Orang I. Published Orange Coast Dally Pilot March 30, 3,, Signature - -- PROOF OF PUBLICATION • is • TO: CITY COUNCIL FROM: Public Works Department SUBJECT: MacArthur Boulevard to Sea Jamboree Road Slough Wall Bayside Drive Slough Wall Bayside Drive Parking Lot Dahlia Avenue Parking Lot RECOMMENDATIONS: Orch 27, 1989 CITY CITY CY �P` '•1' GOUt,('�TEM MAR 2 7 1989 Aly$Dai0 V �" ` — — COUNCIL AGENDA NO. F-11 Lane Sidewalk Connection, Between Bayside Drive and Pacific Coast Hwy Between County Road and Carnation Avenue, Improvements, and Meters (C -2707) Affirm the Negative Declaration and Categorical Exemptions of environmental impact. Approve the plans and specifications. 3. Authorize the 6ht- Clt+rek toertise =for= bides =to Vie- opened at i4p.- A%4L- Un -Apri ].,..14,._1989. DISCUSSION: This project provides for the construction of sidewalks, retaining walls, slough walls and parking lot improvements at five different locations in Corona del Mar. The work was combined in an attempt to obtain a greater number of bids and to economize on administrative staff time requirements. Sidewalk, retaining walls, and curb and gutter will be built along the east side of MacArthur Boulevard to connect the sidewalk south of San Miguel Drive to sidewalks along Crown Drive and Sea Lane. There are presently no sidewalks along MacArthur Boulevard at this location. Slough walls will be built along the south sidewalk of Bayside Drive between County Road and Carnation Avenue, and along the east sidewalk of Jamboree Road between Bayside Drive and Pacific Coast Highway. The walls will retain earth which presently may slough off of adjacent embankments and obstruct the sidewalks. At -grade curb /planters will be built around the two existing Bayside Drive parking lots between Jasmine and Marguerite Avenues. Five 70 -watt high pressure sodium post top lighting standards will be installed to illuminate the lots. Provisions will be made for City forces to install landscape materials and an irrigation system in the planters upon completion of contract work. The lots will then be slurry sealed and restriped. The Bayside Drive parking lots and the parking lot on the former school site at Dahlia and 4th Avenues will have parking meter post installations as part of this contract. The Bayside Drive lots will have 29 posts for 54 stalls and the Dahlia Avenue lot will have 15 posts for 33 stalls. i SUBJECT: MacArthur Bolovard to Sea Lane Sidewalk Conn0ion, Jamboree Road Slough Wall Between Bayside Drive and Pacific Coast Hwy., Bayside Drive Slough Wall Between County Road and Carnation Avenue, Bayside Drive Parking Lot Improvements, and Dahlia Avenue Parking Lot Meters (C -2707) March 27, 1989 • Page 2 A Negative Declaration of environmental impact has been prepared by staff and approved by the Environmental Affairs Committee for the MacArthur Boulevard sidewalk. Categorical Exemptions of environmental impact have been prepared by staff and approved by the Environmental Affairs Committee for all other work. The documents have been published in the local newspaper and, upon affirmation by the City Council, will be filed with the Clerk of the Board of Supervisors. The Engineer's Estimate totals $181,000.00. Funds for award are preposed from the following accounts: Account Descriptions Account No. Amount Budgeted MacArthur Boulevard Sidewalk 02- 3397 -480 $ 42,000 Bayside Drive Retaining Wall 02- 7797 -469 8,000 Bayside Parking Lot Beautification 02- 3397 -481 35,000 Bayside /Dahlia Parking Lot Meters 02- 5697 -452 20,000 • Curb Access Ramp Improvement Program 02- 3397 -459 15,000 Sidewalk, Curb & Gutter Replacement 02- 3397 -183 44,500 TOTAL $164,500 If needed for award, additional funds may be requested by budget amendment or obtained from other capital improvement accounts for work in Corona del Mar. Plans and specifications for the project were prepared by the Public Works Department staff. Staff has also obtained a Caltrans permit for the work along MacArthur Boulevard. The estimated date of completion is July 28, 1989. J. Ju Benjamin B. Nolan Public Works Director • BBN:so Attachment ti 9 • • N a_ C.._] U L—] C�J , LJ� r Ir L%J C J� m pwrre^ Pep J � F 1-4 �s �� UElE1C' P y FoC-V Yi CL9 C�7C�9LL�N 'YAr 11. JV IMP I 3z �I WZ NO '� �g� l✓ I � W ry / ���.e•. ^fin. Q v � a i �`l�E JU \i 0 IZj a� .J r �e T 1V�000 Z•. J , a a s W f N ED O 0 N U a Ix Z O V • Op cr CD 21- m a }z W s m Z> Y 0 cr n. a� • • N a_ C.._] U L—] C�J , LJ� r Ir L%J C J� m pwrre^ Pep J � F 1-4 �s �� UElE1C' P y FoC-V Yi CL9 C�7C�9LL�N 'YAr 11. JV IMP I 3z �I WZ NO '� �g� l✓ I � W ry / ���.e•. ^fin. Q v � a i �`l�E JU \i 0 IZj a� .J r �e T 1V�000 Z•. J , a a s W f N ED O 0 N U a Ix Z O V