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Home My WebLink AboutC-2711(C) - Pacific Coast Highway widening, improvement to Bayside drive trunk sewer• /' srr t: ±E CCTV ccu�� :. DEC 1 3 1993 P ' ^3VED December 13, 1993 CITY COUNCIL AGENDA ITEM NO. 9 BA -021 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COAST HIGHWAY WIDENING, BAYSIDE DRIVE TO JAMBOREE ROAD (C- 2711); FEDERAL AID URBAN PROJECT M -5001 (43) RECOMMENDATION: 1. Authorize staff to execute a change order for the subject project in the amount of $215,500.00 for settlement in full of all outstanding claims by the Griffith Company. 2. Approve necessary budget amendments to transfer unappropriated Water and Federal Aid Urban funds to the Coast Highway Widening Project. The City Council, at the July 22, 1991, session accepted the Coast Highway Widening Project between Bayside Drive and Jamboree Road with the awareness that the contractor, the Griffith Company, had filed a claim for extra compensation against the City. (A copy of the July 22, 1991 memo is attached for reference.) During the past two years, the City, Caltrans and Contractor have been in negotiation, and have tentatively settled a claim filed with the State of California, Office of Administrative Hearings, by the Contractor. The original claim was in the amount of $293,535.90, and covered compensation for survey, water and storm drain delays; and for remedial repaving required by Caltrans /City. Following testimony by expert witnesses, Caltrans and City staff felt that if the claim were to be arbitrated, the City most likely would lose the claim and also be liable for pre -award interest, attorney fees, arbitrators fees and other arbitration costs resulting in a total exceeding $400,000. The Contractor has agreed to accept the total sum of • $215,500.00 as compensation and settlement in full for all claims submitted; and has executed a change order for said amount. It is recommended that staff be authorized to execute the change order and that additional unappropriated funds be appropriated and payment be made as follows: (J-) Subject: Coast Highway Widening, Bayside Drive to Jamboree Road (C- 2711); Federal Aid Urban Project M -5001 (43) December 13, 1993 Page 2 Claim Attorney & Fund Settlement Arbitration Fees Total City Gas Tax $94,461.18 $60,179.40 $154,640.58 City Water Fund 43,862.28 15,378.94 59,241.22 FAU (Contr.) 77,176.54 0.00 77,176.54 TOTAL $215,500.00 $75,558.34 $291,058.34 Budget Fund Account Budaeted Amendment Total Gas Tax 7183 - 98313024 Water Fund 7503- 98500XXX FAU (Contr.) 7253- 98313063 7253 - 98313064 TOTAL Budget amendments consideration. $155,082.00 0.00 1,495.00 7,224.00 $ 0.00 59,241.22 0.00 68.457.54 $163,801.00 $127,698.76 have been prepared $155,082.00 59,241.22 1,495.00 75,681.54 $291,499.76 for Council The FAU share of the settlement cost reflects the remaining funds left out of a $3,675,236.00 allocation to the City for the construction of the widening project. FAU funds paid for 85.87% of the eligible roadway cost of the project. Another $121,884.82 would be eligible for FAU funding if the City's allocation had been larger. Funds still remain in the FAU R/W allocation for the project, and the staff is pursuing a transfer to the construction allocation. If this transfer is approved, the gas tax account will be reimbursed. Benjamin B. Nolan Public Works Director HH:so Attachment 0 • • TO: City Council FROM: Public Works Department July 22, 1991 CITY COUNCIL AGENDA ITEM NO. F -14 SUBJECT: ACCEPTANCE OF THE WORK FOR THE WIDENING OF COAST HIGHWAY, BAYSIDE DRIVE TO MACARTHUR BOULEVARD (C -2703 & C- 2711); FEDERAL AID URBAN PROJECT M -5001 (43) & (44) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of Caltrans and the Public Works Department. The bid price was $4,946,633.62 Amount of unit price items constructed 5,067,008.15 Amount of change orders 216.243.27 Total contract cost $5,283,251.42 The increase over the original estimate in the amount of the unit price items constructed was primarily due to additional excavation, pavement grinding, overlaying and reconstructing deteriorated portions of the roadway within the project limit not shown on the plans. A total of fifty -nine (59) change orders were issued. Change orders issued dealt with architectural wall modifications, lengthening of sound wall at DeAnza Bayside village, addition of major water facilities, removal of unknown obstructions and construction modifications required to accommodate unknown field • conditions. Change orders in excess of $10,000.00 were as follows: 1. A change order in the amount of $10,456.50 provided for an architectural finish to the mechanically stabilized embankment wall adjacent to the Dunes. 2. A change order in the amount of $38,549.98 provided for the installation of a water vault for a 30 -inch water line. 0 E Subject: Acceptance of the Work for the Widening of Coast Highway, Bayside Drive to MacArthur Boulevard (C -2703 & C- •2711); Federal Aid Urban Project M -5001 (43) & (44) July 22, 1991 Page 2 3. A change order in the amount of $30,957.08 provided for a 280 foot extension of sound wall adjacent to DeAnza Bayside Village. 4. A change order in the amount of $20,076.05 provided for the installation of a storm drain to accept water from an existing catch basin in Promontory Point. 5. A change order in the amount of $15,711.00 provided for the modification of the optically activated traffic signal system. 6. A change order in the amount of $46,109.00 provided for the location and re- monumentation of all survey monuments as required by State Law. 7. A change order in the amount of $26,355.73 provided for the reconstruction of a portion of existing roadway lacking structural integrity. 8. A change order in the amount of $39,750.32 provided for adjustment of compensation for unit prices to remove portions of an underlying concrete roadway in accordance with the specifications. This project was funded from Federal Aid Urban, City Gas Tax Fund, City Water Fund and Orange County Sanitation District funds as follows: Federal Aid Urban $3,904,002.95 City Gas Tax 772,086.43 City Water Fund 565,558.34 Orange County Sanitation District Funds 41,603.73 The contractor is the Griffith Company. The "Notice to Proceed" was issued on March 29, 1989, and the contract called for the work to be completed 250 working (362 calendar) days thereafter. Completion was delayed by 66 authorized extension working days (96 calendar days) because of inclement weather and extra work. The roadwork was completed within the required time on July 3, 1990. Caltrans and Public Works did not accept the project at that time and required the contractor to do remedial work in the form of grinding and repaving a portion of the roadway. The Contractor has completed the remedial work under protest. Following the remedial work, the project was accepted by Caltrans and Public Works on March 6,1991. No liquidated damages have been assessed because the roadway was completed and available for public use on the July 3, 1990 date. • • • Subject: July 22, • Page 3 Acceptance of the Work for the Widening of Coast Highway, Bayside Drive to MacArthur Boulevard (C -2703 & C- 2711); Federal Aid Urban Project M -5001 (43) & (44) 1991 The contractor has filed a claim in the amount of $293,535.90. The claim covers compensation for survey, water and storm drain delays; and for the remedial repaving required by Caltrans /City. We are currently reviewing the claim with Caltrans and have requested additional information on a portion. If the claim cannot be resolved through negotiations it will go to arbitration for resolution. Alternatively, if arbitration is waived by the Contractor and City, the claim would be litigated in a court of competent jurisdiction. Inasmuch as a claim has been filed Ia semifinal estimate has been executed by the Contractor and the City binding both parties to the contract on all questions relating to the amount of work done and the compensation therefor, except as affected by the claim. Benjamin B. Nolan Public Works Director HH:so • CITY OF NEWPORT B?ACH August 13, 1991 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Griffith Company 2020 Yale Avenue Santa Ana, CA 92704 (714) 644 -3005 Subject: Surety: Reliance Insurance Company Bonds No.: B1604742 Contract No.: C -2711 & 2703 Project: Pacific Coast Highway Construction (Phase II) from Bayside Drive to 3501± East of Jamboree Road; Pacific Coast Highway southbound Pavement Rehabilitation from Bayside Drive to MacArthur Boulevard The City Council of Newport Beach on July 22, 1991, accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on July 29, 1991, Reference No. 91- 398350. Sincerely, Zzo " � Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND I - 390350 WHEN RECORDED RETURN TO: OUEMFr RECORDING REQUEST PER pp GOVERNMENT CODE 6103 RECORDED IN OFFICIAL RECORDS City Clerk /. �' OF ORANGE COUNTY, CALIFORNIA City of Newport Beach 12:00 3300 Newport Boulevard EXEMOPT JUL 29 1991 Newport Beach, CA 92663 C0 P.M. NOTICE. OF COMPLETION 04t- a- 9Dtaw -/u RECORDER PUBLIC WORKS '1 o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on March 6, 1991 the Public Works project consisting of PACIFIC. COAST HIGHWAY CONSTRUCTION (PHASE II) FROM BAYSIDE DRIVE TO 350 EAST OF JAMBOREE ROAD; PACIFIC COAST HIGHWAY SOUTHBOUND PAVERMT RWARTT,ITATION FROM BAYSIDE DRIVE TO MACARTHUR BOULEVARD (C -2/11 & C -Z /U3) on which uriintn Company, 2 was the contractor, and Reli was the surety, was completed. p} gq_y'rrA6 NEWP�ORt BFI I, the undersigned, say: 'ale Avenue, Santa Insurance Co., 50 VERIFICATION W, Glendale, CA 91203 CIT OF NEWPORT BFACH t ' Public Works Director 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 July 24, 1991 at Newport Beach, California. / 1'n!� -)'/ 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 July 22, 1991 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 July 24, 1991 at Newport Beach, California. I� City Clerk Ar R31 T"T A, • TO: City Council FROM: Public Works Department July 22,.1991 COUNCIL AGENDA No. F -14 SUBJECT: ACCEPTANCE OF THE WORK FOR THE WIDENING OF COAST HIGHWAY, BAYSIDE DRIVE TO MACARTHUR BOULEVARD (C -2703 & C- 2711); FEDERAL AID URBAN PROJECT M -5001 (43) 6 (44) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice, of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. DISCUSSION: • The contract for the construction of the subject project has been completed to the satisfaction of Caltrans and the Public Works Department. The bid price was $4,946,633.62 Amount of unit price items constructed 5,067,008.15 Amount of change orders 216.24342 Total contract cost $5,283,251.42 The increase over the original estimate in the amount of the unit price items constructed was primarily due to additional excavation, pavement grinding, overlaying and reconstructing deteriorated portions of the roadway within the project limit not shown on the plans. A total of fifty -nine (59) change orders were issued. Change orders issued dealt with architectural wall modifications, lengthening of sound wall at DeAnza Bayside village, addition of major water facilities, removal of unknown obstructions and construction modifications required to accommodate unknown field conditions. Change orders in excess of $10,000.00 were as follows: • 1. A change order in the amount of $10,456.50 provided for an architectural finish to the mechanically stabilized embankment wall adjacent to the Dunes. 2. A change order in the amount of $38,549.98 provided for the installation of a water vault for a 30 -inch water line. Subject: Acceptance of the Work for the Widening of Coast Highway, Bayside Drive to MacArthur Boulevard (C -2703 i C- 2711); Federal Aid Urban Project M -5001 (43) i (44) July 22, 1991 Page 2 • 3. A change order in the amount of $30,957.08 provided for a 280 foot extension of sound wall adjacent to DeAnza Bayside Village. 4. A change order in the amount of $20,076.05 provided for the installation of a storm drain to accept water from an existing catch basin in Promontory Point. 5. A change order in the amount of $15,711.00 provided for the modification of the optically activated traffic signal system. 6. A change order in the amount of $46,109.00 provided for the location and re- monumentation of all survey monuments as required by State Law. 7. A change order in the amount of $26,355.73 provided for the reconstruction of a portion of existing • roadway lacking structural integrity. S. A change order in the amount of $39,750.32 provided for adjustment of compensation for unit prices to remove portions of an underlying concrete roadway in accordance with the specifications. This project was funded from Federal Aid Urban, City Gas Tax Fund, City Water Fund and Orange County Sanitation District funds as follows: Federal Aid Urban $3,904,002.95 City Gas Tax 772,086.43 City Water Fund 565,558.34 Orange County Sanitation District Funds 41,603.73 The contractor is the Griffith Company. The "Notice to Proceed" was issued on March 29, 1989, and the contract called for the work to be completed 250 working (362 calendar) days thereafter. Completion was delayed by 66 authorized • extension working days (96 calendar days) because of inclement weather and extra work. The roadwork was completed within the required time on July 3, 1990. Caltrans and Public Works dad not accept the project at that time and required the contractor to do remedial work in the form of grinding and repaving a portion of the roadway. The Contractor has completed the remedial work under protest. Following the remedial work, the project was accepted by Caltrans and Public Works on March 6,1991. No liquidated damages have been assessed because the roadway was completed and available for public use on the July 3, 1990 date. 0 0 Subject: Acceptance of the Work for the Widening of Coast Highway, Bayside Drive to MacArthur Boulevard (C -2703 i C- 2711); Federal Aid Urban Project M -5001 (43) i (44) July 22, 1991 Page 3 The contractor has filed a claim in the amount of $293,535.90. The claim covers compensation for survey, water and storm drain delays; and for the remedial repaving required by Caltrans /City. We are currently reviewing the claim with Caltrans and have requested additional information on a portion. If the claim cannot be resolved through negotiations it will go to arbitration for resolution. Alternatively, if arbitration is waived by the Contractor and City, the claim would be litigated in a court of competent jurisdiction. Inasmuch as a claim has been filed a semifinal estivate has been executed by the Contractor and the City binding both parties to the contract on all questions relating to the amount of work done and the compensation therefor, except as affected by the claim. • �62igz Benjamin B. Nolan Public Works Director HH:so is P.O. BOX 1768 STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS (Name of owner, construr NEWPORT BEACH, lender or public officer) CA 92658 -8915 (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, C- z-7ii RECEIVED FIB 25 1991 CF1Y ERK CRY CLOF k�VPoRI BEPCIi HOLDER OF FUNDS. PACIFIC IRRIGATION SUPPLY INC. P.O. BOX 2700 — LAGUNA HILLS. CA 92653 (Name and address) has furnished or has agreed to furnish IRRIGATION MATERIALS (labor, services, equipment, materials) of the following kind PIPE,VALVES,FITTINGS ECT. (general description of labor, services, equipment or materials) to or for HACIENDA LANDSCAPE for the work improvement, located at, or known as: (name of person to or for wham furnished) PACIFIC COAST HWY PHASE 2 990 EAST P.C.H. NEWPORT BEACH, CA (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 14,544.11 The amount in value of that already done or furnished by claimant is $ 14, 544.11 Claimant has been paid the sum of $ 0 , and there remains due and unpaid the sum of $ 14,544.11 v is. interest thereon at the rate of per cent per anmml from 02 -20 19 91_. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. PACIFIC IRRIGATION SUPPLY, INC. Dated. 02 -20 -91 23432 SOUTH POINTE DRIVE PC. BOX 27M Name of claimant LAGUNA HILLS, CA 92653 STATE OF CALIF IA Sa. COUNTY OF (JA fay Address of claimant ..... AV CDC ac, 235 —YZ Q�__ ra (i n�`� 1 0 0 c] \l—C." Ait " [ 1111 &u A 1 � , being duly swom, deposes and says: That ? he is the persons) who signed the foregoing Stop Notice; thaLf- he has read the same and knows the contents thereof to be true of hZLeven knowledge, except as to any matters or thin that may thereiq be stated on h& information and belief and S as to those matters and thingshe believes them to be true. f Subscribed and sworn to before me this e�20 day of 19q) NOTARY PUBLIC n ;�' ,1•;.,e�. STATE OP GAUF. ��1 Notary ad is sad for sad Stab JJJ L ; SHERRIE L. KNIGHT EzP Date 70/6/93 -am cbens" spw �w. Uffild cmwtdt 0IR.rt.Matru you 4,A* gM, f2D a..d R ew m an Maws., amara reotree 7W doubt a6. fam. am.. tr<aowr 7wwo.w WOI.cOT715 RiwM ww4—Rwv. 2•741 farRa dtp 7l Yy LO CJ 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: March 14, 1989 SUBJECT: Contract No. C -2711 & 2703 Description of Contract PCH Construction (Phase II) from Bayside Dr, to 350± East of Jamboree Rd. -- PCH Southbound Pavement Rehabilitation from Bayside Dr. to MacArthur Blvd. Effective date of Contract March 13, 1989 Authorized by Minute Action, approved on February 27, 1989 Contract with Griffith Company Address 2020 Yale Avenue Santa Ana, CA 92704 Amount of Contract $4,946.633.42 "W� e�-q 4 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • j�) rol ! February 27, 1989 CITY COUNCIL AGENDA ITEM NO. F -3(a) BA - 053 • TO: CITY COUNCIL FROM: Public Works Department i,Y iH' '.ITY COUNCIL SUBJECT: COAST HIGHWAY WIDENING PROJECT (PHASE II) CITY hF°IEWPORT BEACH FAU M -5001 (43) FEB 2 T 1989 COAST HIGHWAY REHABILITATION PROJECT APPROVED WKRAF - X&.: -2704Y FAU M -5001 (44) j — — —" -- RECOMMENDATION: 1. Award Contract No. 2711, FAU Project M -5001 (43) and Contract No. 2703, FAU Project M -5001 (44) to Griffith Company for a total price bid of $4,946,633.42 and authorize the Mayor and the City Clerk to execute the contract. 2. Authorize the Mayor and City Clerk to execute a Local Agency /State Service Agreement to furnish materials testing services and source • inspection for the construction of Coast Highway. 3. Authorize a budget amendment transferring $85,326.70 from the Studies /Widen Pacific Coast Highway project (Account No. 18- 3381 -009) to the Widen Pacific Coast Highway project (Account No. 18- 3381 -005). 4. Authorize a budget amendment transferring $166,136.00 from the Water Fund Main Replacement Program (Account No. 50- 9288 -001) to the Relocate Water Line Pacific Coast Highway project (Account No. 50- 9297 -199). DISCUSSION: At 2:00 p.m., February 3, 1989, the City Clerk opened and read the following bids for this project: Bidder Total Price Bid Low Griffith Company, Santa Ana $4,946,633.42 2 Powell Constructors, Fontana $5,004,000.53 3 Vernon Paving, Anaheim $5,175,533.65* 4 • Silveri & LeBouef JV, Anaheim $5,196,720.24 5 Damon Construction Co., Gardena $5,550,050.98 6 Fleming Engineering, Inc., Buena Park $5,561,567.14 ** 7 Rekortan Corporation, Encino $6,393,071.69 * ** * Unresponsive bid per Bidder's Instructions ** Corrected Bid Total is $5,461,567.14 * ** Corrected Bid Total is $6,258,456.59 Subject: Coast Highway Widening Project (Phase II), Contract No. 2711, FAU M -5001 (43); Coast Highway Rehabilitation Project, Contract No. 2703, FAU M -5001 (44) February 27, 1989 Page 2 • The unresponsive bid is due to not providing a cost for a major bid item comprising approximately 10% of the total project. The corrected bid total reflects numerical additions of quantity items. The low bid is 2.8% below the Engineer's Estimate of $5,088,037.40. The low bidder, Griffith Company, is a well qualified general contractor who has satisfactorily performed previous contracts for the City. The project provides for three eastbound /four westbound travel lanes between Jamboree Road and the Upper Newport Bay Bridge, turning lanes, bicycle lanes, curb and gutter, sidewalk, a landscaped raised median, a storm drain, street lights, modifications of existing signals, replacement of water main; and the rehabilitation of the eastbound travel lanes from MacArthur Boulevard to Bayside Drive. To accommodate an upcoming Orange County Sanitation District sewer replacement construction project, the project also includes the construction of a short sewer segment across Coast Highway at Bayside Drive. Inclusion of the • sewer will eliminate the need to tear up the newly constructed roadway in the near future. An agreement to provide funding by Orange County Sanitation District for the sewer is currently being prepared and will be forwarded for Council approval at a later date. It is recommended that the City Council authorize award of the project, authorize execution of a Local Agency /State Service Agreement and authorize necessary budget amendments, all as described under Recommendations 1 through 4. Funding for the project will be provided as follows: 1. Widening Project (Phase II) (C -2711) Description Account No. Amount Gas Tax (2107) - 14% 18- 3381 -005 $ 502,497.12 FAU Contribution - 86% 25- 3381 -005 3,203,233.88 Water Fund 50- 9297 -199 529,080.00 O.C.S.D. Sewer 144,531.74 Total $4,379,342.74 • 2. Rehabilitation Project (C -2703) Gas Tax (2107) - 25% 18- 3381 -005 $ 141,822.67 FAU Contribution - 75% 25- 3381 -005 425.468.01 Total $ 567,290.68 • Subject: Coast Highway Widening Project (Phase II), contract No. 2711, FAU M -5001 (43); Coast Highway Rehabilitation Project, Contract No. 2703, FAU M -5001 (44) February 27, 1989 Page 3 3. Local Agency /State Service Agreement for testing services and source inspection Description Account No. Amount Gas Tax (2107) 18- 3381 -005 $ 5,332.00 FAU Contribution 25- 3381 -005 4,668.00 Total $10,000.00 The plans and specifications were prepared by ASL Consulting Engineers. Construction work is scheduled to be completed by February 1990. Benjamin B. Nolan • Public Works Director HH:dw 0 i �a • CITY CLERK NOTICE OF INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915 until 2:00 P.M. on the 3 rd. day of February, 1989 at which time such bids shall be opened and read for PACIFIC COAST HIGHWAY CONSTRUCTION (PHASE II) FROM BAYSIDE DRIVE TO 350'± EAST OF JAMBOREE ROAD PACIFIC COAST HIGHWAY SOUTHBOUND PAVEMENT REHABILITATION FROM BAYSIDE DRIVE TO MACARTHUR BOULEVARD CONTRACT NO'S 2711 & 2703 FEDERAL AID URBAN PROJECT M -5001 (43) & M -5001 (44) Approved by the City Council this 121h day of December, 1988. —— 'i/anda Raggio, QW0 rk Prospective bidders may obtain bid documents at the office of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915. For further information, call Horst Hlawaty at 644 -3311. Project Manager • • REVISED PR 1 OF 7 01/05/89 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN' PROPOSAL PACIFIC COAST HIGHWAY WIDENING /RECONSTRUCTION FROM BAYSIDE DRIVE TO MACARTHUR BOULEVARD CONTRACT NOs. 2711 & 2703 FAU PROJECT NO. M -5001 (43) & M -5001 (44) To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice to Contractors, has examined the Plans and Special Provision, and hereby proposes to furnish all materials and do all the work required to complete these Contract Nos. in accordance with the Plans (Drawing Nos. R5579 -S & R5585 -S) and Special Provisions, and will take in full payment therefore the following unit price for the work, complete in place: CONTRACT NO. 2711 ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 1 r. Clearing, Grubbing & • • REVISED PR 1 OF 7 01/05/89 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN' PROPOSAL PACIFIC COAST HIGHWAY WIDENING /RECONSTRUCTION FROM BAYSIDE DRIVE TO MACARTHUR BOULEVARD CONTRACT NOs. 2711 & 2703 FAU PROJECT NO. M -5001 (43) & M -5001 (44) To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Notice to Contractors, has examined the Plans and Special Provision, and hereby proposes to furnish all materials and do all the work required to complete these Contract Nos. in accordance with the Plans (Drawing Nos. R5579 -S & R5585 -S) and Special Provisions, and will take in full payment therefore the following unit price for the work, complete in place: CONTRACT NO. 2711 ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 1 L. S. Clearing, Grubbing & $350,000.00 Mobilization 2 26,000 C.Y. Roadway Excavation & Haul -A -Way Including A.C. Removal $5.00 $130,000.00 3 45,000 C.Y. Roadway Fill $4.50 $202,500.00 4 540 C.Y. Structure Excavation $17.00 $4,180.00 5 390 C.Y. Structure Backfill $25.00 $9,750.00 6 5,355 L.F. Remove P.C.C, Combi- nation Curb and Gutter, P.C.C. Curb and Rolled Curb $ 1.95 $ 10,442.25 7 13,885 S.F. Remove Miscellaneous Concrete $.30 $4,165.50 REVISED PR 2 OF 7 01/05/89 E ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 8 5,510 C.Y. Remove Reinforced Con- crete Roadway $20.00 $110,200.00 9 5,346 L.F. Type A2 -8 Curb and Gutter $10.90 $58,271.40 10 7,995 L.F. Type Al -8 Curb $10.00 $79,950.00 11 1,100 L.F. Type A2 -6 Curb & Gutter $10.50 $11,550.00 12 260 L.F. Rolled Curb $14.75 $3,835.00 13 580 L.F. Type "C" Curb $10.00 $q,800.00 14 225 L.F. Curb & Gutter Transi- $14.75 $3,318.75 tions 15 4,400 L.F. P.V.C. Pond Lining $9,00 $8.800.00 16 49,180 S.F. 4" P.C.C. Sidewalk $2.95 $145,081.00 17 1,586 S.F. P.C.C. Cross Gutters $5.70 $9,040.20 18 72 S.F. P.C.C. Driveways $3.30 $237.60 19 1,120 S.F. P.C.C. Access Ramps $4.90 $5,488.00 20 37,460 TON Aggregate Base $9.90 $370,854.00 21 14,345 TON Asphalt Concrete Pavement $ 29.00 $ 416,005.00 22 48,000 S.F. Grind A.C. Pavement $.17 $8,160.00 23 27,190 S.F. Stamped Pattern Concrete $4.25 $115,557.50 24 5,580 S.F. Slumpstone Block Sound Wall $11.40 $ 63,612.00 25 600 S.F. Slumpstone Block Retain- ing Wall $ 41.00 $ 24 ,600.00 26 43pB10 S.F. Earth Retaining 11,850 Structure $ 33.00 $ 391,050.00 27 123 L.F. Type 26 barrier rail with tubular hand railing $ 290.00 $ 35,670.00 28 238 L.F. Gravity Wall with Chain Link Railing $ 105.00 $ 24,990.00 29 26 L.F. Masonry Wall $ 48.00 $ 1,248.00 • • REVISED PR 3 OF 7 01/05/89 ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 30 35 L.F. Retaining Wall Type 6B with Chain Link railing $325.00 $11,375.00 31 115 L.F. 6' x 1' Dbl. Reinforced con- crete box culvert with 20' transition structure $400.00 $46,000.00 including manhole & Trash Rack 32 L.S. Drainage channel through $110.000.00 mobile home park 33 1,010 L.F. 6' Chain Link Fence $7.00 $7,070.00 34 530 L.F. 2" x 4" Redwood Header $4.00 $2,120.00 35 610 L.F. 18" R.C.P. Storm Drain $40.00 $24,400.00 36 2,165 L.F. 24" R.C.P. Storm Drain $46.00 $99,590.00 37 1,266 L.F. 30" R.C.P. Storm Drain $64.00 $81.024.00 38 16 EACH Junction Structure No. 1 $2,400.00 $38,400.00 39 2 EACH Junction Structure No. 2 $950.00 $1,900.00 40 5 EACH Catch Basin Type O.S. $2.300.00 $11,500.00 41 10 EACH Catch Basin Type O.L. $2.600.00 $26,000.00 42 2 EACH P.C.C. Collar $375.00 $750.00 43 490 L.F. Remove Existing Storm Drain $30.00 $14,700.00 44 2,208 L.F. Construct 30" CML &C Steel Water Pipe With Conductors $135.00 $298,080.00 45 L.S. Construct 30" Butterfly Valve in Vault $ 42,000.00 46 L.S. Join existing 30" Water $50,000.00 Line 47 L.S. Construct new metering and PRV station and reconnect Existing 8" and 6" Water Services $83.000.00 48 L.S. Cathodic Protection $ 19.000.00 49 L.S. Abandon Existing Water Pipelines $ r _n00_f10 a REVISED PR 4 OF 7 01/05/89 ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 50 12 EACH Adjust manholes to grade $400.00 $4,800.00 51 11 EACH Adjust valves to grade $200.00 $2,200.00 52 L.S. Traffic Striping and Legends and Traffic Roadway Signs $24000.00 53 L.S. Traffic Signal Mod. at $90.000.00 Jamboree 54 L.S. Traffic Signal Mod. at $ 65,000.00 Promontory Point 55 L.S. Traffic Signal Mod. at $50,000.00 Bayside 56 L.S. Optically Activated Traffic Signal Phase Selection System $12,000.00 57 L.S. Landscaping $ 100,000.00 58 L.S. Irrigation $ 95,000.00 59 L.S. Traffic Control $ 40,000.00 60 L.S. Trench Protection $ 19,000.00 61 3,750 L.F. Street Light Conduit $-q 5n $ 35,6 62 16 EACH Electrolier Type II, Type IV $ 1,800.00 $ 28,800.00 63 5 EACH Relocate street light $ 1,000.00 $ 5,000.00 64 L.S. Provide Field Office $ 8,000.00 65 L.S. Temporary Chain Link Fence with Weaving $ 6,000.00 66 63 L.F. Metal Beam Guard Railing $ 39.00 $ 2,457.00 67 6,450 S.Y. Pavement Reinforcing Fabric $ 7.15 $ 7.417.50 68 2 EACH Modify fire hydrant assembly $ 3,100.00 $ 6,200.00 a REVISED PR 5 OF 7 01/05/89 ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL QUANTITY UNIT DESCRIPTION 69 L.S. 8 inch PVC vents TOTAL $3.500.00 70 710 L.F. Concrete landscaping 201 headers $ 8.00 $5,680.00 71 667 S.F. 6" P.C.C. sidewalk/ driveway $ 3.90 $2,601.30 72 1450 S.F. 8" P.C.C. Bus Bay $5.70 $ 8.965.00 SUBTOTAL Grind Existing WRITTEN IN WORDS: (Item 1 - 72 inclusive) $ .51 $ 4,117.74 Four Million Two Hundred Thirty Four Thousand Ton Asphalt Concrete Eight Hundred Eleven------------------------ - - - - -- -Dollars and Pavement No---------------------------------- -------- - - - - -- Cents $ 4,234,811.( SEWER CONSTRUCTION ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 201 900 S.Y. Pavement Reinforcing Fabric $ 1.15 $ 1,035.00 202 8,074 S.F. Grind Existing A.C. 0.171 $ .51 $ 4,117.74 203 101 Ton Asphalt Concrete Pavement $ 29.00 $ 2,929.00 204 L.S. Abandon Existing i8" VCP $ 2,650.00 205 L.S. Traffic Control $ 3.300.00 206 10 L.F. 21" V.C.P. $ 430.00 $ 4,300.0 207 130 L.F. 36" V.C.P. $ 360.00 $ 46,800.00 208 10 L.F. 42" V.C.P. $ 990 _DO $2,900.00 209 3 EA Sanitary Sewer Manholes $ 15,000.00 $ 45,000.00 210 L.S. Dewatering $ 2,200.00 211 L.S. Trench Protection $ 30,000.00 0 0 REVISED PR 6 OF 7 01/05/89 Total price for Contract 2711 WRITTEN IN WORDS: (Item 1 -72; 201 -211; inclusive) Four Million Three Hundred Seventy Nine Thousand Three Hundred Forty Two-- - - - - -- Dollars and Seventy Four---------------------- - - - - -- -Cents CONTRACT NO. 2703 $1,379,342. ITEM UNIT NO QUANTITY UNIT DESCRIPTION PRICE TOTAL 101 14,238 102 114,283 103 9,200 104 8,000 105 100,889 106 71,194 107 19,120 OXON1 109 110 2,000 111 L. F. S. F. TON TON S. F. S. F. S. Y. L. S. L. S. L. F. L. S. Sawcut A.C. Remove existing A.C. /A.B. Asphalt concrete pavement Aggregate base Grind existing pavement 0.17 feet Grind existing pavement 0.25 feet ! Pavement reinforcing fabric Replace traffic signal loop detection Traffic,control Temporary railing, Type K Restore pavement markings TOTAL PRICE FOR CONTRACT 2703 WRITTEN IN WORDS: (Item 101 - 111 inclusive) Five Hundred Sixty Seven Thousand Two Hundred Ninety---------------- - - - - -- Dollars and Sixty Eight----------------------- - - - - -- Cents 3F c 4.983.30 $ .80 $ 91,426.40 $ 29.00 $ 266,800.0 i $ 11.50 $ 92,000.00 $ .16 $ 16,142.24 1. $ .21 $ 14.950.74 ` 1 $ 3,500.00 c 11.000.00 1;, 95 e 3n_5nn_nr $ 14,000.00 ,r,F7 qon F; , 0 REVISED PR 7 OF 7 01/05/89 TOTAL PRICE FOR CONTRACTS 2711 & 2703 WRITTEN IN WORDS: (Item 1 -72; 201 -211; 101 -111; inclusive) Four Million Nine Hundred Forty Six Thousand Six Hundred Thirty Three-- - - - - -- Dollars and Forty Two------------------------- - - - - -- -Cents Griffith Company Bidder (714) 549 -2291 Bidder's Telephone Number Janu< Date 9 31, 1989 $ 4,946.633.4 s /Dennis H. Teague, Vice President Authorized Signature /Title 2020 Yale Avenue, Santa Ana CA 92704 Bidder's Address 1, 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. PUBLIC CONTRACT CODE SECTION AND DEBARMENT QUESTIONNAIRE 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCE 8. EEO STATEMENT except that cash, certified check or cashier's check (in the amount of not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. The low bidder shall 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 shall be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice- President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive): The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. January 31, 1989 ate �` 1 Griffith Company Bidder s /Dennis H. Teague, Vice President Authorized Signature Tit e DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractors) in makino up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Eno,ineer and in accordance with the applicable provisions of the Specifications. No chance of subcontractor may be made except with the prior approval of the Encineer. and as provided by State law. Subcontract Work Subcontractor Address 1. Fencing Golden West Fence Westminster z. Guard Rail Modern Alloy Stanton 3 Clearing /Demo Falcon Demo. Rancho Cucamonga G Curb gutter John Jezowski Orange s Mech. Stab. Earth Wall Bert Salas La Mesa 6 Structures Giangregorio Baldwin Hills Underground Irvine Pipeline Santa Ana 8. Landscape Hacienda Walnut °.. AC Grinding Payne Whitney Santa Ana 10. Engineering Coast Survey Santa Ana 11. Stamped Concrete Sullivan Costa Mesa 12. Electrical Baxter - Griffin Stanton Griffith Company W s /Dennis H. Teague, Vice President Authorized Signature Tit e z BIDDER'S BOND KNO'*v: ALL MEN BY Td-SE PRESENTS, That we, Griffith 0 BOND NO. U953378 -89 -12 as bidder, End Reliance Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, Calfornia, in the sum of Ten Percent (10 %) of the Total Amount Bid in-------------- {Dollars (5--- -- 10 %--- - - - -), lawful money of t-.e 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 T E FOREGOING 0BLIGATION IS SUCH, That if the :roposal of the above bounden bidder for the construction of Pacific Coast Hic Construction (Phase II Title of Project 2711 & 2703 Contract Nos. in the City of Ne.;;�ort Beach, is accepted by the City Council of said City, and if the above boun =en bidder shall duly enter-into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Perfor- .ance" contract bonds described in the Specifications within ten (10) days (not includino Saturday, Sunday, and Federal holidays) from the date o the r„ailina of cc- ,tract documents for execution to the above bounden bidder by and from said Ci.y, then this oblication shall become null and void; otherwise i' is and shall re- -in in full force and effect, and the amount specified herein shall be forfeite to the said City. In the even: that any bidder above named executed this bond as an individua it is agreed tha: the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS '��EP.EOF, we hereunto set our hands and seals this 27th day of January , 19 89 . (.Attach acknowle= =ement of Attorney -in -Fact) s /J.E. Jernigan Notary Public Cortimission Expires: Jan. 31, 1992 Griffith Company Bidder s /Dennis H. Teague, Vice President Authorized Signature /litle Reliance Insurance Company Surety By s /Francis G. Jarvis, Jr. I Title Attorney - in -Fact 3 This affidavit shall be executed by the bidder in accordance with instructions in these special provisions, SECTION 6- FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS, but bidder may execute the affidavit on this page at the time of submitting his bid. NON - COLLUSION AFFIDAVIT To the City Council of Newport Beach: The undersigned in submitting a bid for performing the following work by contract, certifies under penalty of perjury: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. 2020 Yale Avenue Business Address Place of Residence 07-LS &R 9 -88 4 Griffith Company Name of Company Denni1' . Teague Print Ne s /Dennis H. Teague, Vice President Signature of Bidder E PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x I.f the answer is yes, explain the circumstances in the following space. 9 Note: The above Questionnaire is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Questionnaire. i Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. j 5 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The bidder under penalty of perjury, certifies that except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; does not have a proposed debarment pending; and has not been indicated, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years if there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidders responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the PROPOSAL. Signing this PROPOSAL on the signature portion thereof shall also constitute signature of this CERTIFICATION 07 -LS&RB Fed. 8 -22 -88 2 N PUBLIC CONTRACT SECTION 10232 STATEMENT In accordance with PUBLIC CONTRACT CODE SECTION 10232, and in addition to the other qualifications and agreements that are a part of this contract, the Contractor, in so signing, does hereby state, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a federal court has been issued against the contractor within the immediately preceding two -year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding. The City may rescind any contract in which the contractor falsely swears the truth of the statement required by this section. i NOTE: The above statement is a part of the PROPOSAL. Signing this PROPOSAL on the signature portion thereof shall also constitute signature of this statement. Bidders are cautioned that making a false certification may subject the signator to criminal prosecution. 7 r 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 Comr,leted For Whom Performed (Detail) Person to Contact Teleohone No. South Coast Plaza ($349,292) Orville Myers 1986 C.J. Segerstrom & Sons Project Manager (714):546 -0110 Raceway Basin 6,249,995 Bill Hughes 1986 Cit of Vista Project Manager 619 726 -1340 x Main Street $6,953,324) John Brown 1987 City of Irvine Project Manager (714) 660 -3600 Irvine Boulevard ($2,539,673) Carl Nelson 1987 County of Orange Dir. of Public Works (714) 567 -7801 Heavy Lift Helicopter Pad Bob Hall 1987 Irvine Company ($1,495 -026) Construction VP (714) 720 -3390 Jamboree Road ($939,531) Pat Dunigan 1987 City of Newport Beach Chief Inspector (714) 644 -3311 1987 On & Off Ramps @ MacArthur Blvd Koll Co- Dev_ (t684,On0) Ken Beal Project Manager (714) 833 -3030 1989 Marina Hills Drive ($1,515,488) Taylnr Wnndrnw Ron Redman Development Proj Mgr (714) 643 -2120 Griffith Company Bidder s /Dennis H. Teague, Vice President 8 Authorized Signature/Title THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. The bidder _X proposed subcontractor _, hereby certifies that he has X ,. has not _, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 1114, or 11246, and that he has X , has not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing require- ment. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exemp from the equal oppor- tunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of 510,000 or under are exempt.) Currently, Standard Form 100 (EEO -I) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) pre- vents the award of contracts and subcontracts unless such contractor sub- mits a report covering the deliquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. N O T I C E 0 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: PAYh1ENT BOND (paaes 11 &12 ) FAITHFUL PERFORMANCE BOND (pages 13 & 14 ) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 15,16,& 17) CONTRACT (pages 18 & 19 ) 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 Reaister 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 Elass VIII (or larger) in accordance with the latest edition of Best's Key Ratino 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 De absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications. 10 he r'.emium charged for this • 10BOND 11$1604742 Land is included in that shown EXECUTED IN QUADRUPLICATE on the Performance Bored" PAYI•iENT BOND CNO6: ALL H[P; BY T`;:SE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by notion adopted February 27, 1989 has awarded to Griffith Company hereinafter designated as the "Principal ", a contract for Contract Nos. 2711 & 2703 Pacific Coast Highway Widening /Reconstruction From Bayside Drive to MacArthur Boulevard in the City of Nevrport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of New,Port Beach; l::HEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond rrith said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials. ;revisions, or other supplies used in, upon, for, or about the performance of -he work aoreed to be done, or for any work or labor done thereon of env kind, the Surety cn this bond will pay the same to the extent hereinafter set forth: It OW, THEREFORE, We GRIFFITH COMPANY as Principal, and RELIANCE INSURANCE COMPANY as Surety, are held firmly-bound unto the City of Nev:port Beach, in the sum of THIRTY —THREE AND 42/100 FOUR MILLION NINE HUNDRED FORTY —SIX THOUSAND SIX HUNDRED/ Dollars (S 4.946.6'i3.42 ). said sum being equal to 100.' of the estimated amount payable by the City of Neo-:port Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE COt:DITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other w:rk or labor thereon of any kind or for amounts due under the UnEM:1 0y- ment 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 suer 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. 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 of action to them or their assigns in any suit brought upon 11 Payment Bond (Continued) 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 chance, 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. III WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1st day of MARCH , 1989 Seal) ame,ef Contractor ( Principa gnature and /fitIeutryn'cn "^ "" �� // VICE PRESIDENT onature ano 11tIe1 THOMAS LFOSS O#EF ESTIMATOR tRANCE SURANCE OMPA&NN ety ran Bou v d, ure of u ha , A torney- 12 e ss oy Hgen (Seal) e� zed Agent 70 South Lake Ave., #1100 Pasadena, CA 91101 nt STATE OF CALIFORNIA ss. COUNTY OF ORANCF, OOCM OFFICIAL SEAL G.N. PITTMAN NOTARY PUBLIGCALIFORNIA I ORANGE COUNTY My COmmIGSIOn all May 24,1990 ACKNOWLEDGMENT —Coip.— Pres. 8 Sec.— Nblcous Form 222CA —Bev. 11-83 @1983 WOLCOTTS. INC. (price pass B2) On this 2ND day of MARCH , in the year 19 89, before me, the undersigned, a Notary Public in and for said State, personally appeared DENNIS H. TEAGUE and THOMAS L. FOSS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as VICE President andCHF.ESTIMATOR Secretary, respectively, 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 directors. WITNESS my hand and official seal. Notary Public in and for said State. ,r State of California, SS. County of Los Angeles On this 1st day of March In the year 1989 , before me Notary of Public personally appeared MARTHA J. CHASE personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney- In - Fact of RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the instrument. IMM01w10nFngryl�An11N1MI1MNMNYFNNinYMnll: nlllnWllWnnnNWxwunlimmnnmunxWmi� OFFICIAL SEAL MARGARET BRADT m NOTARY PUBLIC CAIIFORNtA _ PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires April 22,1991 -- WlwOnoww1111tlMINWIn4fNNmYwmlwnnlpllpmwgppbniminnMilnnnuxnuumc ..:..: My Commission expires BDR -1818 ED.6 /83 (CALIF.) No Ic In and for said County RELIACE INSURANCE C*4PANY HEAD OFFICE. PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY,* corporation duly orp•nlred under the lawn of the State of Pennsylvania. does hereby "Acs. constitute and appoint MARTHA J. CHASE of LOS ANGELES, CALIFORNIA - - - - - -- its true and lawful Anornsymin -Foci, to nuke, execute, w l and deliver for end on its behalt, and at its act and dad ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -- and to bird the RELIANCE INSURANCE COMPANY thereby as fully and to the m" aunt as it such bonds and undertakings and other writing, Obligatory in the nature thereof were signed by an Eocutivt Officer of the RELIANCE INSURANCE COMPANY and wlod and intoned by on, other d suds officers, and hereby ratifies and confirm all that its aid Anornoyfsl +n -Fact may do in punuend, 0— f. This Power of Attorney Is Wonted under and by authority of Amide VII of the By-Laws of RELIANCE INSURANCE COMPANY which tomme offective September 7, 1978, whkh provisions ors now in full torn and effuot. rwding n follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairmen of the Board, any Senior Via President, any Vice President or Assistant Vrm Resident or other Officer designated by the Board of Directors shall he" power and authority to e) appoint Anwneys-in -Fan and to avthovile them to execute an behalf of the Company, bonds and undertakings, recogniwntes, contracts of indemnity and other writings obligatory in the nature thereof, and Ids) to remove any such Attornp +n -Fact at any tine end revoke the power end authority given to him. 2. Attornsysyn -Fact shall hove power and authority, subject to the arms and limitations of the power of attorney ieued to them, to execute and deliver on behalf of the Company, bonds and undertakings, retogniranms, contracts of indemnity and other writing$ obligatory in the nature thereof. The corporate wl is not necessary for the wlidny of any bonds and undertakings, rempniranon, contracts of indamnay and other writings obligatory it the nature thereof. 3. Attornays- in-Fact ~ heel power and authority to ennTrte affidavits required to be ntaetoid to bonds. rNSgnianetf, contracts of indtnt My or other conditional or obligatory undertaking$ and they doll also hew power and aulhaity to certify the Financial Retentions Of the Company and to copies of the OrLa w of the Company or any snide or wction thereof. This power of attorney is signed and weld by facaimiN under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a mating hold on the 5th day of June, 1979, at which a quorum was present, end sold Resolution has not been amwued or repealed: - Resolwed.lfet the signatures of such directors and officers and the net of the Company may be affixed 10 any such power of anorney or shy herti+imte relating thereto by fooimie, and any such power of attorney or cenificsts boannp such facsimile signature or facsimile war %hell be valid and binding upon the Company and any such power a exaasted and mrtified by foaimie siWetures and feoamile not shell be "lid and binding upon the Company in the future with respect to any bond a undertaking to which it is attached:' IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has mvmd then prwnts to be signed by its Vice President, and -nseorpo ne awl to to hereso atli.ad, this 23rd dry o+ June 1987. RELIANCE INSURANCE COMPANY OVim President ` STATE OF Washington a, COUNTY OF King On this 23rd day of June .10 87parsonallyooprorod Charles B. Schmalz to not known to be the Vic►Prnidont of the RELIANCE INSURANCE COMPANY, and ncknowtodged that tw executed and attested the foregoing instsument and attired the Mt of aid corporation ltweto, and that Anise VII, Section 1, 2. and i 0 the By-Lams of wid Company and the Rosetu- lion, eat forth therein, an still in full lance. - Mr Camdaion Erosion: t•+l.�l��.t ( rn May 15 fP90 �. NotaryPublicinandforSlateof Washin Rwidingat Tacoma I. Lawrence W. Carlstrom , Anistent Secretary of the RELIANCE INSURANCE COM ►ANY, do hereby sanity Ihet the oboe and foregoing is • true and terrsn copy of a Power of Attorney exerted by sod RELIANCE INSURANCE COMPANY, which is all! in full form and Mtst. IN WITNESS WHEREOF. I hoe harassing not my herd and aNixod the owl of aid fomeny MY 1st flay M Ma h 1989. BDR-1421 Bl Sna � Nesont � \�� LaM!lACQ il. Carlo trout. 4kOND 01604742 PREMIUM: $30,845.00 EXECUTED IN QUADRUPLICATE 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 February 27, 1989 `t has awarded to Griffith Company hereinafter designated as the "Principal ", a contract for Contract Nos. 2711 & 2703 Pacific Coast Highway Widening /Reconstruction From Bayside Drive to MacArthur Boulevard in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file 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, CRTFFTTH COMPANY as Principal, and RELIANCE INSURANCE COMPANY i as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of THIRTY —THREE AND 42/100 FOUR MILLION NINE HUNDRED FORTY —SIX THOUSAND SIX HUNDRED/ Dollars (S 4 946 .633-42 ). said sum being equal to 1000' 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 to be 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 and truly keep and perform the covenants, con - ditions, and agreements in the said contract and any alteration thereof made as there'. Provided on his or their part, to be kept and performed at the time and in the manner i therein specified, and in all respects according to their true intent and meanino, and 1 shall indemnify and save harmless the City of Newport Beach, and the State of Californi. its officers and agents, as therein stipulated, then this obligation shall become null a ; 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 or to the 1 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 13 Faithful Performance Bond (Continued) I 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 1st day of MARCH 1989 0 1 GRIFFITH COMPANY Name of, Contractor pa Seal) ayrnorizeo aionature ano yryle DENNIS H. VICE PRE51pENJ� Aut orized Signature -and Title TMO" L.FOSS CHIEF ESTIMATOR ANCE INSURANCE COMPANY (Sea)) 9f Surety North Brand oulevard, Suite 770 dale, CA 9 03 •ess of Sjfr et Sig ri�x'�J? Chfd -, Ace o Marth J. Cha e, At r A07re55 of Agent 70 South Lake Ave., #1100 Pasadena, CA 91101 818/796 -3888 Telephone No. of Agent � I 14 STATE OF CALIFORNIA Iss. COUNTY OF ORANGE OFFICIAL SE,,Ar�L N I NO R� LIC- CAufomm OMN9E COUNTY .14190 MY C9mmissl9n exp• — ACKNOWLEDGMENT— Corp. —Pas. 6 Sec.— Wolcotls Form 222CA —Rev. 11.83 01983 WOLCOM. INC. Wee class B-2) On this 2ND day of MARCH , in the year 19 -8_9_, before me, the undersigned, a Notary Public in and for said State, personally appeared DENNIS H. TEAGUE and THOMAS L. FOSS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as VICE President and CHF. ESTIMATOR Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by -laws or a resolution of its boa f directors. WITNESS my hand and official seal. /) 7 Notary Public in and for said State. State of California, M County of Los Angeles On this 1st day of March in the year 1989 , before me Notary of Public personally appeared MARTHA J. CHASE personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact of RELIANCE INSURANCE COMPANY and, acknowledged to me that RELIANCE INSURANCE COMPANY executed the instrument. UNMWwnremwuWY�MtlYI1MMYdutllm �mnmm�nnlnAY:wnnmwlnmimnim� OFFICIAL SEAL _ MARGARET BRADT NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY MyCammissian ExpiresApril22,1991 �NIIwIUU11�00IIMImIp111mIImI11JImXWne +xninNnwmnuen�..w....,,erc My Commission expires BDR -1818 ED. 6183 (CALIF.I 79— 1-2 a No blic In and f r said County PMIAA*—,E INSURANCE CAPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, rw the RELIANCE INSURANCE COMPANY,s corporation dual orgenlred under the taws of the State of Flmnrylwnia, does hereby "ke, corotituto and appoint _ MARTHA J. CHASE of LOS ANGELES, CALIFORNIA - - - - - -- Its true and lawful Attorney- in -Foct. to moke, execute,"and deliver for and "its behalf, and as its an and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -- and to bind the RELIANCE INSURANCE COMPANY thereby as fully sad to the same anent in if such bonds and undertakings and other writings obligatory in the nature thereof wan signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and tested and atened by ono other of such officers, and hateby ntitisa and confirms al that in aid Anorneylal -in -Fact troy do in Iwrwance hereof. This Power of Attorney to panted under and by authority of Article Vfl of the By -lawt of RELIANCE INSURANCE COMPANY which Wmme dfanive September 7, 1979, which provisions are now in full fora and effect, loading es follows: ARTICLE VII —EXECUTION OF BONDS AND UNDERTAKINGS t. The Board of Directors. the President, the Chairman of the Board, any Senior Vim President, any Vim President or Anistent Vim Resident at other officer designated by the Board of Directors shell hew power and authority to fall appoint Attorneys -in -Fan and to authorize them to execusa on behalf of the Company, bonds and undertakings, recogninnpsa, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorneytin-Fact at any time and revoke the power and authority given to him. 2. Attorneys- in-Fan stall MN power and authority. subject to the terms and limitations of the power of attorney issued to them, to execute "deliver on behalf of the Company. bonds and undertakings, raoogniances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate wl is not necessary for the wltdtry, of any bonds and undertakings, r"nisanms, contracts of indemnity and other writings obligatory it the nature thermal. 3. Attorneys- in•Fect shell have power and authority to execute affidavits required to be attached to bonds, recogniarim. contracts of indem- nity or other conditional orrobiipetory undertakings and they shall also haw power and authority to ca tify the financial statement of the Company and to copes of the By-Lows of the Company or any anida or section thereof. This power of attorney is sipred and assiod by facsimile under and by auttority of the following Resolution adopted by the Board of Diractors of RELIANCE INSURANCE COMPANY at i msatinp hold on the Sth day of June. 1970. at Much a Quorum cur present, and mid Resolution has not Wen amended or repeated: - -Retolved, that the signeturn of such directors and officers and the met of the Company may, W affixed to any such power of MmroY a any mnitimte ratalirg iretato DY temimie, and any cud+ power o1 ntorneY er mnithtate psannp such fwimilt signatures or fa timite wt dell W valid and binding upon the Company and env such power so txacutod and minified by fa simile signatures and facsimile coal $hell W valid and binding upon the Company in the future with respect to any bond or adersaking to which its a shod. IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY talc muaad these Pnamt to W signals by ice Vim Prnidirm. and ittcorpotate sal to bahantoaffixea.thia 23rd dye( June to 87 RELIANCE INSURANCE COMPANY k President ` 'nt . STATE OF Washington COUNTY OF King On this 23rd day of June • to 8 7pereonally appeared Charles B. Schmalz to me known to W the VioaPrnidem of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and ptarted the foregoing Irssumen and staked the seal of said corporation thereto, and that Article VII. Section 1, 2, and 3 of the By -Laws of mid Company and the Resides• tiara, an forth therein, an rich in futl form. or Commission Expires: r' «!r_�t M.2 i May 15 •10 90 ° Notary Public in and for State liv Washington Raeidinpat Tacoma 1, Lawrence W. Carlstrom , Assistant Socreury of the RELIANCE INSURANCE COMPANY, do hartby minify that the above and foregoing is a vua and action copy of a Power of Attorney axearted by said RELIANCE INSURANCE COMPANY, Mich is pill in full form and affect. W WITNESS MMEREOF,1 law Irracnto eel stM }end and aHiea6 the wi o1 mid Company thin 1st dy d Ma h '989. Assister `�� lAvrence. wo carA8trom. • C{Ll i(li :..l R,,. Din Ctli of Arwport Beach •1•l nr.: ;•n ra Boulevard .. Ge,:;,ort frach. CA 426(3 I' • NA•;; A:.. ^. AD ?F.E55 DI W.UriD Griffith Company �j i1 l �r 11 COnr.drn ! L rti;, Employers CD-. Pon r• tf, r C or.;, em- C Letter M; an, 0 tier nv lbit if. to certify that policies of insurance listed bolo: have been issued to the in ured ndaec above and art• in force at this time, including attached ecdcrserdnL(s). --- Policy i N1S Of L r.S,l 1 CO*PAKY TYPES OF INSURA'CE Policy Exp. I S.rrcr ts: LETTCH COVERAGE REQUIRED No. Date Eac'i (Completed Oc Crne.n.Ce•Cnenati C-s Co ercialGEr ;ERAL LIAEILITY , bodily Injury I S T. C3ZT0MtMAM2E_gM< 20290 4/1/89 j A Premises - Operations �i 00526 Property Darage S I 5 Explosion & Collapse Hazard 11 Underaround Hazard .I 28 Products /Completed Operations Bodily Injury Hazard and Property x1000 1000 Cc-.tractual Insurance Damaoe Cor..bined Froad Form Property Damage I `' Independent Contractors Personal Injury ! j Marine Personal Injury I IS 1000 !!! u Aviation AUTOYaT1VE LIABILITY I% Comprehensive Form 20290 Bodily Injury t 4/1/89 (Each Personl / Owned 20526 occ'�tyin,ury i c A I 28 {Ed,h Occurrence 1 r ^.•e l: ��ar.a^e I _ `. Yired VLCiiy in)ury anc� r Non - owned y Property Damage Combined -s 1000 EXCESS LIABILITY j Ucbrella Fom.. Bodily Iniury Other than Unbrella Form 1 a ^d Propert)' Damace Camzined S 5 WDP.GERS' COHPEIiSATIU:+ 20190 Staw:ory // '/, 500 ;,,cid ;.ccident) A an0 1 E "1pL0YER'S LIABILITY 20526 /1/89 NO-if: The (.nmprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach, Endorsements. ..nxCELLAT:O %: Should any of the above described policies be cancelled or ceveraee reauced before the expiration date thereof, the -Insurance Company affordinc cover ge shall provide 30 days_' advance notice to the City of Newport Beach by „ rg.pistered mail, attention: Public Works Department. ey: � Agency: Corroon & Black Ins. Sery. .uthorIzed epresenta ve Date:_ 2/22/89 Telephone. 818 796 -3888 Descrioti Dn of operations /locations /vehicles: All operations per`.orr.ied for the Citv of t;c +port feW, by or or, behalf of the named insured in connection with the following ceaicnateo contract: Pacific Coast Highway Widening /Reconstruction Bayside to Ma_cAr_thu_r C_ -2_711 & 2703_ ZProject it a and LGntract 6ur.beri !+•''. ICI: This certificate or verification of insurance is not an insurance Policy 2no e&es not amr.nd, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement. term, or condition o' any contract or other documm.nt with respect to which this certificate or verification of insurance mev ba issurn or n.ay certain, the insurance afforded by the policies described hem-in is suUject to 611 tht• to ms, exclusions and conditions of such p(- licies, including attached endorsenents. 15 ! 0 " Ells or N[wr ;rl F ACH A1J1Dit717CE LIALILilr IN SLICAr:;[ IN,D;1n SEY.E%l It is aoreed that: 1. With respect to such insurance as is afforded by the policy for bodily Injury and Property Damaor Liatility, the City of Newport beach, and inc State of California, Its officers and employees are additional insured but Drily witli 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 desionated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of auto - mDti -les (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 the additional named insured(s) shall apply as primary insurance and no other insurance maintained- by the City of Newp =rt Beach or the State of California will be called upor. to contribute with insurance provided by this policy. 2. The policy includes the followino provision: "The insurance afforded by the policy applies separately to each insured wh: is seeking coverage or against wh3m,a clair. is made or suit is brought, except with respect to the limits of the Insurance Con;any's liability." 3. The linits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the linits indicated below for either kati- pie Lirits or Single Limit, whichever is indicated by the letter X in the aopropriace DDS. ( ) Y.ultiple Limits Bodily Injury Liability S each occurrence Property Darage Liability S each occurrence ( X) Single Limit Bodily Injury Liability S 1 000 oon each occurrence and Property Damage Liability Com: ined The linits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of arm one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance, 4. 5hDUld the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. S. Designated Contract: Pacific Coast Highway Widening /Reconstruction C -2711 & 2703 toy ect r1: a anc wr tract ho.;. This endorsement is effective 2/22/89 at 12:01 A.Y.. and forms a part of Policy N1. 202902052628 Nam+C Insured Griffith Cmmnanv Encorsemer.t No. Na-•e of Insurance Company 16 1 1 • Clli of N10'167 6CA(H 0 COMPROE16IVE GENERAL LIAR:LITY INSURANCE ENDGRSLMCN• It is agreed that: I. Kith respect to such insurance as is afforded by the policy for Ccr,rehfnsive General Liability, the City of Newport Beach, and the State of California, 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 insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insrance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach or the State of California will 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 who,. claim is made or suit is brought, except with respect to the limits of the Insurance.Company's liability." 3, The insurance afforded by the policy for Contractual Liability Insurance (sutject to the to rrs, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnifiCation or hold harness provision contained in the written contract, designated below, between the City of Newport Beach and the State of California. <. 1.'ith respect to such insurance as is afforded by this policy. the exclusions, if any, pertainin; to the explosion hazard, collapse hazard and underground property hazard (corr.Lnly referred to as "XCU "hazards) are deleted. 5. The lir..itS of liability under this endorsement for the additional insured named in paracraph I of this endorsement shall be the limits indicated below for either Multiple Limit <_ or Single Limit, whichever is indicated by the letter X in,tne appropriate box. ( ) Multiple Limits Bodily Injury Liability S each occurrence Property Dar-age Liability S each occurrence ( ) Single Limit Bodily Injury Liability S 1,000,000 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liatility for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverace reduced before the expiration date thereof, the insurance Company shall provide 30 days' aevance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Pacific Coast Highway Widening /Reconstruction C -2703 & 2711 (Project Title and Contract No. This endorsement is effective 2/22/89 at 12:01 A.M. and forms a part of Policy No.202900052626 Named Insured Griffith Company Endorsement No. Name of Insurance ComparFymployers Ins. of Wauszety dV uLhor 2 d epreaendtive 17 CONTRACT THIS AGREEMENT, entered into this L3 Lday of 19 by and between the CITY OF NEWPORT BEACH, hereinafter "City,' and Griffith Company , hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Pacific Coast Highway Widening /Reconstruction From Bayside Drive to MacArthur Boulevard Title of Pro.iect C -2711 & C -2703 Contract Nos. (b) Contractor has been determined by City to be the to +rest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the wort for the construction of the following described public work: Pacific Coast Highway Widening /Reconstruction From Bayside Drive to MacArthur Boulevard C -2711 & C -2703 Title of Project Contract Nos. which project is more fully described in the contract documents. Contractor shall perform and comaplete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Four Million N Hundred _Forty Six Thousand Six Hundred Thirty Three and 42/100---- - -{_c4 946,633.42— This compensation includes (1) any loss or damage arising from the nature of th work; (2) any loss or damage arising from any unforeseen difficulties or obstru tions in the performance of the work; (3) any expense incurred as a result of a suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 or. the Richter Scale and tidal wave 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 Contract are set forth in the contract documents. The contract documents are incorporat herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Bid Proposal (c) Instruction to Bidders and documents referenced therein (d) Payment Bond (e) Faithful Performance Bond (£) Certificate of Insurance and endorsement(s) 18 (g) Plans and Special Provisions for Pacific Coast Highway Widening Reconstruction From Bayside Drive to MacArthur Boulevard C -2711 & C -2703 Title of Project Contract Nos. (h) This Contract. (i) DBE Statement. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City, and the State of California, its officers, employees and represent, from all claims, loss or damage, except such loss of damage proximately caused by sole negligence of City of 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: [1C' CITY OF NEWPORT BEACH By Mayor GRIPFITH 00WANY iE4tWS H. TEAGUE VICE PRESIDENT AUtnorizeo Signature ano mi e THOMAS L. FOSS CHIEF ESTIVATOR z O H w z H w ro ca W a 0 w -i v E Iz 0 Aj o U H v " m u a 0 E 8 38Q ql- J Y_ L- zC O c C ti y N I' 1 IN QGjJII M o o� o cy °a11 0 o Co 0 o Ina M n) � 0 1 b4 I I i I aI .r- 4-1 R ow 1� � 1 4- 4J 'rl i � A - �+ 0 NI e 1 N 1+ 41 1 L I 1�E O 2 Q 3 i K t c C 41 R w I yJ N a to 1 �. G 1 11 Y N b Q E I 1 ` Mom O 0. C� O � ti Si 1E 5 t 1 111 ( I -i v E Iz 0 Aj o U H v " m u a 0 E 8 38Q ql- J Y_ L- zC O c C ti y N 20 PO a` L) L.1 W, m a a W V N H ~ O dp III n �f C)) N 8� a Ln U, Q Z ` O � H d Ea 0 0 z H y �+ C I' 1 � (,oI n In o o� o cy °a11 0 o Co 0 o Ina M n) � n 1 b4 I I i ` 1 N 0 I 1 I I 3 t R w I a to 1 1 11 Y N b Q E I 1 ` Mom 0. ( t 1 111 ( I I 1 I I'tIlI(I��1(1 I 1 U f J i-1 1 I i U EI dl dl i I 10 1 1 Im I EI �c I V) I 1 1 20 PO a` L) L.1 W, m a a W V N H ~ O dp III n �f C)) N 8� a Ln U, Q Z ` O � H d Ea 0 0 z H y �+ C • CITY OF NEWPORT BEA* PACIFIC COAST HIGHWAY CONSTRUCTION (PHASE II) FROM BAYSIDE DRIVE TO 350'± EAST OF JAMBOREE ROAD PACIFIC COAST HIGHWAY SOUTHBOUND PAVEMENT REHABILITATION FROM BAYSIDE DRIVE TO MACARTHUR BOULEVARD CONTRACT NO'S 2711 & 2703 FEDERAL AID URBAN PROJECT M -5001 (43) & M -5001 ADDENDUM NO. 1 NOTICE TO BIDDERS: BIDDERS shall propose to complete Contract No.'s 2711 & 2703, FAU Project No.'s M -5001 (43) & M -5001 (44) in accordance with the Plans, Proposal, Contract Documents, and Special Provisions as modified by this ADDENDUM NO. 1: Bids for this work are to be opened on February 3, 1989. This addendum is being issued to install a 36" sewer line and three manholes at Bayside Drive and Pacific Coast Highway. In the Proposal, the following changes have been made: Revised proposal pages PR 1 of 7 through PR 7 of 7 are attached and reflect the addition of a sewer line and man - holes at Bayside Drive and Pacific Coast Highway and the Items 201 through 211 are added for this construction. Proposal page PR 5 of 7 has been amended to add Item 72 - 8" P.C.C. Bus Bay. In the Special Provisions, the following changes have been made to reflect the sewer line construction at Bayside Drive and Pacific Coast Highway: Revised page SP9 -1, SP9 -1(A) and SP -2 are revised or added to reflect phasing of work to include the sewer line con- struction. Revised page SP9 -14 and SP9 -14(A) are revised or added to reflect the addition of County Sanitation District details for the sewer line construction. Revised page SP10 -12 is revised to reflect the additional quantity of asphalt concrete (Item 203) necessary because of the overlay being placed near the sewer line construction. PAGE 1 of 5 .. ..., 0 0 profile for construction of the sewer line at Bayside Drive and Pacific Coast Highway. Revised sheet 31 of 64 adds the sewer line construction plan view to the Utility Plan at Bayside Drive. Revised sheet TC -1 of TC -8 and Revised sheet TC -7 of TC -8 show the modification of traffic control necessary for the construction of the sewer line at Bayside Drive and Pacific Coast Highway, and shows the distance between delineators to be 45' instead of 501, and shows the median striping as Detail 29 instead of Detail 21. The following Alan sheets from Contract No. 2703 are attached and are revised to show: Revised sheet TC -1 of 10 indicates a change in the traffic control necessary to construct the sanitary sewer line and manholes on the south side of Pacific Coast Highway. The Special Provisions pages that are without an alphabetical suffix (such as Revised SP10 -129) shall replace the sheets in the Special Provisions, the others (Revised SP10- 129(A) etc.) are to be added just following the page number without the suffix. The plan sheets attached will replace those sheets in the plan set (alphabetical suffix sheets are added after the same page number without the suffix.) Special Provisions Page SP5 -5, fifth paragraph, the third through the forth line is ammended to read " be encountered and payment therefore will be the responsibility of the Contractor." Special Provisions page SP5 -11, subsection 5 -1.21 PROSECUTION & PROGRESS, is amended by adding the following: The Contractor shall submit a trenching and shoring plan which will include the means, material and equipment that will be used to provide for the proper protection of men and facilities during all trenching operations for this project. This will be approved by the Engineer and the Department of Transportation must acknowledge this approval prior to any operations being performed that require such protection. The cost of this work shall be included in the price of contract items. Special Provisions page SP5 -12, Subsection 5 -1.23 UTILITIES, is amended by adding the following: At least 48 hours prior to excavation in the proximity of the 12" H.P. gas main, the Southern California Gas & Electric Company shall be contacted to arrange for their representative to be present. The representative shall be PAGE 3 of 5 I' y i•, • 0 Please execute and date Addendum No. 1 and attach it to your bid proposal. No bid proposal will be accepted without Addendum No. 1 being executed and attached hereto. //,, llhL Horst Hlawaty Project Manager I have carefully examined Addendum No. 1 and hereby consent to its being made a part of our proposal. Date: January 30, 1989 Griffith Company (Bidder's Name) . Telephone No. (714) 549 -2291 s /Qennis H. Teague, Vice President (Authorized Signature) Bidder's Address: 2020 Yale Avenue Santa Ana, CA 92704 PAGE 5 of 5 • CITY OF NEWPORT BEACO PACIFIC COAST HIGHWAY--CONSTRUCTION (PHASE II) FROM BAYSIDE DRIVE TO 3501± EAST OF JAMBOREE ROAD PACIFIC COAST HIGHWAY SOUTHBOUND PAVEMENT REHABILITATION FROM BAYSIDE DRIVE TO MACARTHUR BOULEVARF CONTRACT NO'S 2711 & 2703 FEDERAL AID URBAN PROJECT M -5001 (43) & M -5001 (44) ADDENDUM NO. 2 NOTICE TO BIDDERS: BIDDERS shall propose to complete Contract No.'s 2711 & 2703, FAU Project No.'s M -5001 (43) and .M -5001 (44) in accordance with the Plans, Proposal, Contract Documents, and Special Provisions as modified by the ADDENDUM No. 2: Bids for this work are to be opened on February 3, 1989. In the Proposal, the following changes have been made: Modify quantity under Item No. 26 (Page PR 2 of 7) as follows: Delete 13,210 and replace with 11,850 In the Special Provisions, Section 10 -1.24, "Earth Retaining Structure," Page SP10 -33, delete first paragraph under "Measurement and Payment" and replace with: MEASUREMENT AND PAYMENT.- -Earth retaining structures will be measured and paid for by the square foot. Regardless of the type of earth retaining structure actually constructed, the square foot area for payment will be based on the vertical height and length of each section of mechanically stabilized embankment. The vertical height of each section will be taken as the difference in elevation on the outer face from the bottom of the lowermost face element (top of leveling pad) to the top of the uppermost face element. In the Special Provisions, Section 1.09, "Joint Harnesses ", Page SP10 -59 the third sentence is amended to read: Nuts for buried harnesses shall be Type 316 stainless steel and conform to ASTM A -194 Grade 2H, and nuts for exposed harnesses shall be hot -dip galvanized. Lugs shall conform to ASTM A -283, Grade C or ASTM A -36. On the Contract Plans, Sheet 48 of 64, add the following conduit sizes to the "Conductor Schedule ": Conduit Run No. 1 2 3 4 5 6 7 8 Conduit Size 3" 3" 3" 3" 3" 3" 3" 3 " ADDENDUM NO. 2 Page 2 On the Contract Plans, Sheet 38 of 64, Detail 1/38 (circled), on the note 30" STL PIPE (GALV) remove the word (GALV). On the Detail 3/38 (circled), the 90 degree reducer (30" to 2411) may be replaced by a 30" 90 degree ell and a 30" to 24" straight reducer leading to the 24" pipe. Please execute and date Addendum No. 2 and attach it to your bid proposal. No bid proposal will be accepted without Addendum No. 2 being executed and attached hereto. � -ll�iL Horst Hlawaty Project Engineer I have carefully examined Addendum No. 2 and hereby consent to its being made a part of our proposal. Date: January 31, 1989 Telephone No. (714) 549 -2291 Bidder's Address: 2020 Yale Avenue Santa Ana, CA 92704 Griffith Com an (Bidder's Name s /Dennis H. Teague, Vice President Authorized Signature THE .�eyisf`e�i�` 625 N. Grand Ave.. Santa Ana, CA 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, SS. County of Orange, Juanita Folkerts 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 above entitled matter. I am the principal clerk of the printer of The Orange County Register, a newspaper of general circulation, published in the City of Santa Ana, County of Orange, and which newspaper has been adiudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of November 29, 1905, Case Number A21046 that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: I certify (or declare) under Penality of Periury that the foregoing is true and correct. Executed at Santa Ana, California. Date .............. J a n.•...1 !.......... 1989......... . uanita F lkerts Signature This space is for the County Clerk's filing Stamps craws Of PROOF OF PUBLICA 7 PUBLIC NOTICE in of os. 2711 & 2703 No. M -5001 (43) & M5001 (44) Paste Clipping of Notice SECURELY In This Space 1 • Author¢ed to Publish Advertisements of all k n s Including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, dated 29 September, 1961, and A- 24831, dated 11 June. 1963. STATE OF CALIFORNIA County of Orange ouojK Noun An..mwq co. W by IN. .mown a ..I m ) poml ,win ,e M. column a 111 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 Contga gctors of California, and that a Notice of of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 2 times consecutive weeks to wit the issue(s) of January 10, 11 , 198 9 198— 198_ 198- 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 11 1989 at Costa Mesa, C lifornia. ignatu e 11 �- PROOF OF will This pro t consists of had This project ties s�i: : it pool of 15 - percent disadvantaged business enterprises part l- potion. A pre -bid meeting Is scheduled forrme project on Friday. January 20,1989 at 10:00 a.m. in CBY. CouMdl Chamtiers:- THIS PROJECT IS SUBJECT TO - THE'%UY' ..:' AMERICA PROVISIONS OF THE SURFAbE' TRANSPORTATION ASSISTANCE ACT OF 1982 Bidders era required to submit bids for #loth -cart- tracts (2703 6 2711} The thhe lowest w t responsible bid', der based on the combined total sum of both contrwhi;. end In compliance with all requirements described, Herein. This project Is subject to state contract non- discrimination and com oliance - requirements euccesetul furnish e _� 0 0 December 12, 1988 BY THE CITY COUNCI ITY COUNCIL AGENDA CITY OF NEWPORT BEA 1EM NO. F -14 • TO: CITY COUNCIL DEC 1 2 1988 _._ APPIt01F1)-. FROM: Public Works Department SUBJECT: COAST HIGHWAY WIDENING PROJECT (PHASE II), CONTRACT NO. 2711; COAST HIGHWAY REHABILITATION PROJECT, CONTRACT NO. 2703 RECOMMENDATIONS: Approve the plans and specifications. Authorize the City Clerk to advertise for, ;;oe to ha nr, npn_ ar.?�sZ�Al1.4rY:�...1981 -. DISCUSSION: In September 1978, the City Council directed staff to actively pursue Federal funding for the widening of Coast Highway between MacArthur Boulevard and Bayside Drive by requesting that the project be included in the Federal Aid Urban (FAU) Program. • Following extensive preliminary engineering and a statutory public hearing, the Federal Highway Administration (FHWA) approved the environmental document to widen the roadway on December 8, 1984. Due to funding limitations and the complexity of the project (i.e. R/W acquisition), the overall project was staged to be constructed in two phases. Phase I (MacArthur Boulevard to Jamboree Road) has been completed and was accepted by the City Council on March 14, 1988. Phase II (Jamboree Road to Bayside Drive), the proposed project, is the extension of the widened Coast Highway from easterly of Jamboree Road to the Upper Newport Bay Bridge. The project provides for three travel lanes eastbound and four travel lanes westbound to join the existing four travel lanes at the Upper Newport Bay Bridge, curb and gutter, sidewalk, a landscaped raised median, sound walls, a storm drain, street lights, and modifications of the existing signals. In addition, the existing 30" water main will be replaced within a portion of the construction limits. All of the new roadway will be constructed along the northerly (inland) side. The necessary right -of -way to construct has been obtained by dedication, negotiated purchase or condemnation. • Construction of this project will be administered by the City. A Caltrans Encroachment Permit and a Coastal Zone Permit to construct the Phase II project have been obtained. During early 1988, the Orange County Transportation Commission OCTC made additional FAU funds available for roadway construction with high priority given to rehabilitation projects. At that time, it was determined that Coast Highway's roadway which was not slated for any work (eastbound travel lanes) between the overall widening project limits (Phase I & II) was rapidly deteriorating and would be an excellent candidate for the new FAU funds. Subject: Coast Highway Widening Project (Phase II), (C -2711) Coast Highway Rehabilitation Project, (C -2703) December 12, 1988 Page 2 •On April 25, 1988, the City Council authorized the Public Works staff to pursue additional FAU funding through the OCTC to rehabilitate portions of Coast Highway. On August 30, 1988, the OCTC approved FAU funding to rehabilitate the eastbound travel lanes from MacArthur Boulevard to Bayside Drive. It is proposed to include the rehabilitation of the eastbound travel lanes as part of the Phase II widening project. Inclusion of this project would result in several benefits such as cost reduction and minimizing overall construction time. A rider to Caltrans' Encroachment Permit to rehabilitate portions of Coast Highway was applied for in early November. It is anticipated to receive Caltrans approval shortly. It is recommended that the City Council authorize advertisement for bids for both projects under one blanket project contingent upon Caltrans' approval and authorization to advertise. The estimate for construction and funding is as follows: 1. Phase II • Cit Gas x (14 %) FAU (86 %) Water Fund Total Roadway Const. Ta S $3,600 Water Main $400,000 400,000 TOTAL T5501000 3,420,000 $400,000 $4,370,000 2. Rehabilitation Project City Gas Tax (25 %) FAU (75 %) Total Roadway Const. 78,250 534.750 $ 000 TOTAL 8,25 T5-34-,-T50- 7 3,000 Sufficient gas tax and water funds have been budgeted in the current fiscal year. The plans and specifications were prepared by ASL Consulting Engineers. • If acceptable bids are received, FHWA, through Caltrans, could authorize commencement of construction in early March 1988. Completion of the project is anticipated in the Spring of 1990. A set of plans for each project is available for review in the Council conference room. Benjamin B. Nolan Public Works Director HH:so 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 1, 1989 SUBJECT: Contract No. C- 2711(8) Description of Contract Service Agreement to furnish materials testing services and source inspection for the construction of Coast Highway. Effective date of Contract March 6, 1989 Authorized by Minute Action, approved on Contract with CALTRANS Address Amount of Contract (See Agreement) "x� 6e 4e Wanda E. Reggio City Clerk WER:pm Attachment February 27, 1989 3300 Newport Boulevard, Newport Beach a SERVICE AGREEMENT C 2 7 /1(Q ) Contract No. 12F250 07- ORA- 0 -NptB M- 5001(43) & M- 5001(44) City of Newport Beach THIS AGREEMENT, made and entered into on this &I/ day of ' 1989, by and between the CITY OF NEWPORT BEACH, a bo y politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY ", and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE ". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates the improvement of Pacific Coast Highway by widening from Bayside Drive to MacArthur Boulevard, hereinafter referred to as "PROJECT "; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish traffic signal materials testing services (excluding controllers) for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the convenants and conditions herein contained, the parties hereto agree as follows: v SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Streets and Highways Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this Agreement is as follows: Total Cost Federal FAU Funds City Funds* $10,000.00 $4,668,00 $ 5,332.00 *The FHWA will not participate in the 46% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $5,332.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identi- fying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. -2- SECTION II LOCAL AGENCY AGREES: 1. To do all work necessary for the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate Agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $5,332.00 which figure represents the total estimated cost less anticipated Federal reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. c. Functional indirect and administrative overhead costs computed in accordance with STATE'S Accounting Manual, Chapter 11, Table 6 -2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. -3- SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE'S services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liabil- ity for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liabil- ity for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwith- standing other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA APPROVED,AS TO FORM: Department of Transportation BY: ' ROBERT K. BEST City A rney Director of Transportation ATTEST: 1 W. B PpRA / y .. Dep strict Direct Project Development �5 City Clerk Date «^% Y OF NEWPORT BEACH, cq�/FOa Muni ipal�/C��r o �jidon,. BY: J��G'�"r�" ' -4- Mayor 0 ! CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O, BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: December 5, 1988 SUBJECT: Contract No. C- 2711(A) Description of Contract Coast Highway Widening Project - Jamboree Road to Bayside Drive - Local Agency /State Agreement Effective date of Contract November 17, 1988 Authorized by Minute Action, approved on November 14, 1988 Contract with CALTRANS Address Amount of Contract (See Agreement) "W� t�-q 64e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • TO: CITY COUNCIL FROM: Public Works Department is November 14, 1988 CITY COUNCIL AGENDA ITEM NO. F -2(e) i1LVWVri1 BEACf1 /A) NOV 14 1988 APPROVED SUBJECT: COAST HIGHWAY WIDENING PROJECT - JAMBOREE ROAD TO BAYSIDE DRIVE LOCAL AGENCY /STATE AGREEMENT (PHASE II), CONTRACT NO. 2711 FAU PROJECT NO. M- 5001(43) RECOMMENDATION: Adopt a resolution authorizing the Mayor and the City Clerk to execute Program Supplement No. 006 to the Local Agency /State Agreement No. 12 -5151, covering the construction of Coast Highway from Jamboree Road to Bayside Drive. DISCUSSION: • The Federal Highway Administration (FHWA), through Caltrans, has recently notified the City that Federal Aid Urban (FAU) monies are now available for the construction of the Coast Highway widening project between Jamboree Road to Bayside Drive (Phase II). To qualify for matching Federal funds (86% Federal /14% City), the City must execute a Supplement Agreement to the Local Agency - State Master Agreement previously approved by the City Council on August 8, 1977. Supplement Agreement No. 006 authorizes the release of $3,399.000 Federal funds to be matched with $533,300 City funds for a total of $3,939,300. Sufficient gas tax funds to cover the City's share have been budgeted in the current fiscal year. A copy of Program Supplement No. 006 is attached for reference. Approval of plans, specifications and authorization to advertise the subject project will be submitted to the City Council at a later date. ate, aez Benjamin B. Nolan • Public Works Director HH:so Attachment • • �- Z iii <�� PROGRAM SUPPLEMENT NO. 006 Location: 12- ORA- 0 -NPTB to Project Number: M- 5001(043) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 12- 929012 FOR FEDERAL -AID PROJECTS NO. 12 -5151 Date: September 27, 1988 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 08/11/77 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: Pacific Coast Highway (SR 1) from Bayside Drive to Jamboree TYPE OF WORK: Widen, traffic signals, drainage LENGTH: 1.3 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds I Matching Funds Local OTHER OTHER $ 3,932,300 W36 $ 3,399,000 $ 533,300 $ 0 $ 0 $ 0 STATE OF CALIFORNIA Departmejlt of TrAnp I herby Certify upon my personal know Accounting Officer W�- Date $ 3399000.00 Chapter Statutes I Item Year Program JBC1 Fund Source AMOUNT 313 1988 2660- 101- 890(a) 88-89 20.30.010.200 C 229020 892 -F 3399000.00 a t' L • 12- ORA B M- 5001(043) (043) DATE:September 27, 1988 PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 3. In awarding, or agreeing to award the contract, the Local Agency agrees the payment of Federal funds will be limited to the detail estimate amount approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2), or its modification PR -2A, and accepts any increases in Local Agency funds. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub - contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. • RESOLUTION NO. 88 -112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE PROGRAM SUPPLEMENT NO. 006 TO LOCAL AGENCY /STATE AGREEMENT NO. 12 -5151 COVERING THE FAU FUNDING FOR THE CONSTRUCTION OF THE COAST HIGHWAY IMPROVEMENT PROJECT FROM JAMBOREE ROAD TO BAYSIDE DRIVE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Program Supplement No. 006 to Local Agency /State Agreement No. 12 -5151 covering the FAU funding for the Coast Highway improvement project; and WHEREAS, the City Council has reviewed the terms and conditions of said Program Supplement No. 006 to Local Agency /State Agreement No. 12 -5151 covering the FAU funding for the construction of Coast Highway improvement project from Jamboree Road to Bayside Drive, and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and the City Clerk to execute said Program Supplement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Program Supplement above described is approved, and the Mayor and the City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 14th day of November , 1988. CERTIFIEDI AS A RUE A.01D CORREC? COPY i CITY CLERK Of THE CITY OF yv,FT BEACH DATE: _.. �_. �._ _....�_...._�......_�.__. -__. -- i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644-3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: June 14, 1989 SUBJECT: Contract No. C- 2711(C) Description of Contract Coast Highway Widening Project (Improvement to Bayside Drive Trunk Sewer) Effective date of Contract February 8, 1989 Authorized by Minute Action, approved on June 12, 1989 Contract with County Sanitation District No. 5 Address Amount of Contract (See Agreement) " (, ' -""'77/ Wanda E. Raggio p City Clerk WER:pm Attachment i 3300 Newport Boulevard, Newport Beach / • • Il TO: CITY COUNCIL FROM: Public Works Department SUBJECT: COAST HIGHWAY WIDENING PROJECT (PHASE II) CONTRACT NO. 2711, FAU -5001 (43) COAST HIGHWAY REHABILITATION PROJECT CONTRACT NO. 2703, FAU -5001 (44) RECOMMENDATION: June 12, 1989 CITY COUNCIL AGENDA ITEM NO. F -3(f) I— ffy %N"J CITY "4 C,-.'.'PORT °E tCP J U N 12 1989 Af PVROVEp__. C -2- 7// (0 Authorize the Mayor and City Clerk to execute an agreement with the Orange County Sanitation District (OCSD) to include improvement to the Bayside Drive Trunk Sewer under the City's widening project on Coast Highway. DISCUSSION: On February 27, 1989, the City Council authorized award of a contract to widen Coast Highway between Bayside Drive and Jamboree Road. The project also included the construction of a short sewer segment across Coast Highway at Bayside Drive with the understanding that it was to be funded totally by OCSD. Said agreement provides for the deposit of $167,000 by OCSD to cover the cost of the sewer construction and City staff time to administer the sewer project. at;�;" Q ilz Benjamin B. Nolan Public Works Director HH:so �3J L June 20, 1989 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Attention: Horst Hlawaty Project Engineer Subject: Agreement with City of Newport Beach for cooperative project to include District's Improvements to Bayside Drive Trunk Sewer, Phase I, Contract No. 5 -34 -1, in the City's road improvement project on Pacific Coast Highway We are transmitting herewith one fully- executed copy of subject agreement for your records. i Rita J. Brown Board Secretary rj b Enclosure CC: Don Webb, City Engineer Thomas L. Woodruff Thomas M. Dawes Bob Jordon PUM ic. JUN 2 2 1989 ► NEWPOIYf BEACH CALIF- Subject: Agreement with City of Newport Beach for cooperative project to include District's Improvements to Bayside Drive Trunk Sewer, Phase I, Contract No. 5 -34 -1, in the City's road improvement project on Pacific Coast Highway We are transmitting herewith one fully- executed copy of subject agreement for your records. i Rita J. Brown Board Secretary rj b Enclosure CC: Don Webb, City Engineer Thomas L. Woodruff Thomas M. Dawes Bob Jordon C- ? 7110 AGREEMENT THIS AGREEMENT, is made and entered into, to be effective this 8th day of February , 1989, by and between: D COUNTY SANITATION DISTRICT NO. 5, hereinafter referred to as "District" CITY OF NEWPORT BEACH, hereinafter referred to as "City ". R E C I T A L S• WHEREAS, District has developed an Updated and Consolidated Master Plan of Sewer Facilities designed for the collection of wastewater from the area within District No. 5 of the County Sanitation Districts of Orange County, California; and WHEREAS, City is now proposing a construction project within the intersection of Bayside Drive and Pacific Coast Highway in the City of Newport Beach ( "City's portion of Project "); and WHEREAS, District has identified the need to construct a 36 inch and a 42 inch VCP sewer within the intersection of Bayside Drive and Pacific Coast Highway - Bayside Drive Trunk Sewer, Phase I, Contract No. 5 -34 -1 ( "District's portion of Project "); and WHEREAS, the District and the City have agreed to include the work required by both in one contract, hereinafter called the "Project" consisting of the City's portion of the Project and the District's portion of the Project; and WHEREAS, District and City desire to set forth their 1 0 respective rights and obligations concerning the Project. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1: Project Design District shall design, or cause to have designed, District's portion of Project. Section 2: City's Responsibilities City shall be solely responsible for the preparation and award of the contract pursuant to public bid requirements for the construction of Project, including the construction of District's portion of the Project. Toward this end, City shall be responsible for the preparation of all legal documents, including the Notice Inviting Bids, Instructions to Bidders, and the related construction agreements, surety bonds and insurance certificates. City shall also be solely responsible for the administration and performance of the contract awarded to contractor for the construction of the Project. Section 3: Rights of Access District shall have rights of access to the construction site of the Project for purposes of inspection of the construction of District's portion of the Project. Section 4• Costs A. City Costs City shall pay all costs associated with the Project except for the costs of the District's portion of the Project and District's portion of the administrative and other costs pertaining to the entire Project. 'A with the services provided pursuant to this Agreement. City shall, at the same time, refund any excess that has been deposited by District or bill District for any additional amount that is required to cover the actual costs. Section 8: Waiver of Claims City and District do hereby waive all claims and demands against each other for any loss, damage or injury of any kind or character to any person or property, arising out of the design and construction of the Project, or arising from any act or omission of City's or District's respective agents or employees, except to the extent occasioned by the sole negligence or willful misconduct of the parties or their agents or employees. Section 9: Insurance City shall require the construction contractor for the Project to maintain a policy of public liability insurance for personal injury and property damage, including motor vehicle operators, during all times of the contract in amounts and in form satisfactory to City's City Attorney and District's General Counsel. Said policy shall name the City and the District and their officers, agents and employees as additional insureds thereon. IN WITNESS WHEREOF, the parties hereto have executed this 4 Agreement on the day and year first above written. "DISTRICT" COUNTY SAIRITATION 111SUICT NO.. 5 OF Paz y ByC:_ �� rtesecretary APPROVED AS TO FORK: THOMAS L. WOODRUFF, DISTRICT COUNSEL By O "CITY" CITY OF N ORT BEA60000e- B y Mayor ATTEST: City Clerk j a APPROVED AS TO FORM: CITY ATTORNEY By Q�AL/L� (C1225) 5/26/89 ROYKKI a WOQD UFi 5