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Home My WebLink AboutC-2782(A) - Tustin Avenue Storm Drain, Riverside Street Reconstruction0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 TO: PURCHASING /FINANCE DEPARTMENT FROM: CITY CLERK DATE: June 15, 1995 SUBJECT: Contract No. C- 2782(A) 6 - /s -7-6;- Description of Contract Tustin Avenue Storm Drain; and Riverside Avenue & Cliff Drive Street Reconstruction between Irvine Avenue and Pacific Coast Highway Effective date of Contract June 5, 1995 Authorized by Minute Action, approved on May 22, 1995 Contract with CalTrans Address Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach ov L': a CITY OFM1 EN:YOriT 3E.:CH May 22, 1995 MAY % 21995 CITY COUNCIL AGENDA • ITEM NO. 3 A3 S- sj TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE AVENUE & CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND PACIFIC COAST HIGHWAY (C -2782) RECOMMENDATIONS: 1. Adopt a resolution authorizing the City to enter into a program supplement with the State of California. 2. Authorize the Mayor and the City Clerk to execute the program supplement. • DISCUSSION: In 1992, the City entered into a master agreement with Caltrans to receive cooperative funding from the State -Local Transportation Partnership Program ( SLTPP). The funds were applied to 2 related projects, Irvine Avenue at Santiago Drive Intersection Improvements, and Irvine Avenue Rehabilitation between 16th Street and Santiago Drive (see attachment). Now, a third contract, Tustin Avenue Storm Drain, etc., as titled above, has been approved by the State for SLTPP funding. If the City is to receive the SLTPP funds, it must execute and forward a "program Supplement" to the State by May 30th. The supplement stipulates that the current project's SLTPP share shall not exceed $152,523.00, which is 19.35% of the City's award amount of $788,231.00. The supplement also provides that inasmuch as the SLTPP share is less than $300,000.00, the share is considered a grant. The City may now invoice the State for the full SLTPP amount, and a final project expenditure report will not be required. j�.t. on W Jg ebb Public Works Director DW:so • January 13, 1992 CITY COUNCIL AGENDA ITEM NO. F -7(d) • TO: City Council FROM: Public Works Department SUBJECT: IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION IMPROVEMENTS, AND IRVINE AVENUE REHABILITATION BETWEEN 16TH STREET AND SANTIAGO DRIVE (C -2641) RECOMMENDATIONS: 1. Authorize the Mayor and the City Clerk to execute State -Local Partnership Program agreements with the State of California. 2. Adopt resolution, to enter into State -Local Partnership Program agreements with the State of California. DISCUSSION: • The FY 1990 -91 budget contained 2 appropriations for improvements to Irvine Avenue and Santiago Drive within the limits shown on the attached Location Map. The $700,000 project was awarded on June 14, 1991, as a cooperative project (70/30, approximately) between the City of Newport Beach and the City of Costa Mesa. The work was completed in December, with the City of Newport Beach designated as lead agency. The project was developed and constructed in accordance with certain Caltrans requirements so that it would qualify for State participation under the State -Local Partnership Program. Both cities applied for and will receive State reimbursement for construction engineering and construction costs. The City of Newport Beach will receive approximately 21% of its $500,000 approximate share of eligible costs, or about $110,000. Those funds will be processed after the City executes agreements with the State and forwards the agreements and certified resolutions to Caltrans. d4'a:nt.a 0 Benjamin B. Nolan Public Works Director LD:so Attachment 0 0 RESOLUTION NO. 95 -53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ENTER INTO A PROGRAM SUPPLEMENT WITH THE STATE OF CALIFORNIA THE CITY COUNCIL OF THE CITY OF NEWPORT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, on January 29, 1992, the City entered into a Master Agreement with the State of California pertaining to projects which are eligible for funding under the State -Local Transportation Partnership Program; and WHEREAS, the City has heretofore entered into two program supplements and completed two projects which were funded under the State -Local Transportation Partnership Program; and WHEREAS, the City has developed and awarded a third project which is eligible for funding under the State -Local Transportation Partnership Program; said third project known as Tustin Avenue Storm Drain: and Riveside Avenue & Cliff Drive Street Reconstruction between Irvine Avenue and Pacific Coast Highway; and WHEREAS, the City now desires to enter into a program supplement and complete said third project pursuant to the aforementioned Master Agreement with the State of California. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby approve entering into a program supplement for Tustin Avenue Storm Drain: and Riveside Avenue & Cliff Drive Street Reconstruction between Irvine Avenue and Pacific Coast Hghway, and authorizes its Mayor and City Clerk to execute a program supplement for said project. Adopted this 22nd day of May 11995 ATTEST City Clerk ✓ Mayo D "e: April 10, 1995 PROGRAM SUPPLEMENT 0 003 Locat�n: 12- ORA- 0 -NPTB to Project Number: SB95- 5151(001) STATE -LOCAL TRANSPORTATION E.A. Number: 12- 929221 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP -5151 C -2- V2-0) This Program Supplement is hereby incorporated into the State -Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 01/29/92 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. q5-53 approved by the Local Entity on 5 - ZZ- 45 (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: Riverside Avenue /Cliff Drive, Tustin Avenue, and Clay Street TYPE OF WORK: A.C. OVERLAY LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X) Construction Estimated Cost State Share Funds Matching Funds FY95 $ 152523 Local I OTHER I OTHER $ 788231 FY96 $ 0 $ 635708 $ 0 $ 0 FY97 $ 0 City of Newport Beach STATE OF CALIFORNIA Department of Transportation By �C� ., By SGTll�� John Hedge t, "layor "rI ', .. Chief, Local Assistance Branch U\�,-,),t� ,,`�,,: District 122 Date Date Attest Wanda E. Raggio Title City Clerk I hereby Certify upon my personal nowledge that udgeted funds are available for this encumbrance: Accounting Officer ,,,.� Date to � $ 152523.00 Chapter Statutes I Item Year I Program BCJ Fund Source I MO= i 139 1999 2660- 125 -092 99 -95 20.25.010.100 C 258010 092 -T 152523.00 I 1 Page 1 of 3 12- ORA- 0 -NPTB • SB95- 5151(001) • DATE: 04/10/95 SPECIAL COVENANTS OR REMARKS 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State shall not exceed $152523 to be encumbered and reimbursed as follows: FY FY FY Any increase in revised program Any decrease in revised finance 94 -95 $ 15 95 -96 96 -97 State Partnership supplement. State Partnership letter. 2523 0 0 funds will require a funds will require a 2. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 3. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of State Share Funds will be limited to the lessor of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State /Local Partnership Project cost in the approved State /Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later. "State's Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. Page 2 of 3 12- ORA- 0 -NPTB . DATE: 04/10/95 SB95- 5151(001) SPECIAL COVENANTS OR REMARKS C. Prior to reimbursement under this Program Supplement, a Request F or Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 4. In accordance with the State and Local Transportation Partnership Program Guidelines dated April 1993, Section IV, Project Eligibility, the 10% allowance for construction engineering and contingencies is not eligible after Cycle 2. Only state /agency furnished materials can be added to the contract item cost for State Partnership funds eligibility. 5. The Reimbursement Ratio for this Cycle 5 (94/95) Project is 19.35%. Page 3 of 3 _AM__ .MVE__ 1101 RELEASE OF STOP NOTICE (Public or Private Work) CITY OF NEWPORT BEACH ASSOCIATED GENERACCONTRACTORS FCA�i)FVRNIA 3 Construction Lender (or party with whom Stop Notice was filed) 3300 'NEWPORT BLVD., NEWPORT BEACH, CA 92659 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated SEPTEMBER 29, 1995 , in the amount of $ CLAYTON ENGINEERING, INC. as owner or public body and (if applicable) as prime contractor in connection with the work of improvement known as 2,800.38 against TUSTIN AVE. STORM DRAIN: RIVERSIDE AVE. & CLIFF DRIVE ST. RECONSTRUCTION BETWEEN IRVINE AVE. & PACIFIC COAST HWY. CONTRACT NO. 2782 in the City of NEWPORT BEACH State of California. , County of ORANGE Date FEBRUARY 16, 1/996 Date CO"ESSEN M Name of Claimant o Mayor O C=E1k q D MMW oBlAdap GenSw Dk i PB &RDtt Planning Dit Police Chief f'W. Dir ,/''her © Associated General Contractors of California, Inc. 1990 E.W. HARMON, INC. (Firm Name) By (Signature) PRESIDENT (Official Capacity) Form AGCC -21 0 STATE OF CALIFORNIA COUNTY OF }SS. On �R- PU " u before me, the undersigned, a Notary Public in and for said State, personally appeared ona y nown to me or proved to me on a asls o satisfactory evidence to be the person whose name 1 subscribed to the within instrument and acknowledged that -1 i= executed the same. WITNESS my hand and official seal. Signature %�_�'\W 0 DAREK 0. MORGAN a _,, COMM. i 1035083 z 7- Notory Public — CCOOff la Z RIVERSIDE COUNTY My Comm. Expires AUG 14.1096 WNW V (This area for official notarial seal) NOTE: This document has Important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements of California law as of October 1, 1989. -2' r CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 December 11, 1995 Clayton Engineering, Inc. 3661 Spruce Street Newport Beach, CA 92660 Subject: Surety: Continental Casualty Company Bond No.: 124353656 Contract No.: C -2782 Project: Tustin Avenue Storm Drain; and Riverside Avenue and Cliff Drive Street Reconstruction between Irvine Avenue and Pacific Coast Highway The City Council of Newport Beach on November 13, 1995 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on November 22, 1995, Reference No. 19950519730. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach a RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Cler 19111. City of WAr?t Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the nty of Orange, California Gary L. GranvqRie, Clerk/Recorder 111111111111111 Jill 1111 No Fee 1995059730 4:19pm 11/22/95 508 14000153 14 23 N12 1 0 7.00 0.00 0.00 0.00 0.00 "Exempt from recording f�_,es to Government Code Section NOTICE OF COMPLETION pu'rsuant.i, 61034 NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Clayton Engineering, Inc., 3661 Spruce Street, Newport Beach, CA 92660 as Contractor, entered into a Contract on -March 27, 1995 Said Contract set forth certain improvements, as follows: Tustin Avenue Storm Drain: and Riverside Avenue and Cliff Drive Street Reconstruction between Irvine Avenue and Pacific Coast Highway (C-2782) located in the City of Newport Beach, County of Orange Work on said Contract was completed on September 7, 1995 and was found to be acceptable on November 13, 1995 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Continental Casualty Co., 1800 East Imperial Highway, Suite 200, Brea,.-,CA 92621 Z/ BY City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on --7, at Newport Beach, California. BY izy cier • • • 6 0 November 13, 1995 CITY COUNCIL AGENDA Il TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ACCEPTANCE OF TUSTIN AVENUE STORM DRAIN; AVENUE AND CLIFF DRIVE ROAD RECONSTRUCTION BETWEEN IRVINE AVENUE AND COAST HIGHWAY - CONTRACT NO. 2782 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of a storm drain in Tustin Avenue and Riverside Avenue; and the road reconstruction of Riverside Drive /Cliff Drive from Coast Highway to Irvine Avenue has been completed to the satisfaction of the Public Works Department. The bid price was $788,231.00 The amount of unit items constructed 831,727.00 Bonus 20,000.00 Amount of change orders 65,854.52 Total contract cost $917,581.52 During the planning for this project the Mariners Mile Association requested the City to do everything possible to shorten the construction time in front of their businesses on Riverside Avenue. They did not want the work to extend beyond June 30, 1995. The contract provided for a bonus /penalty clause of $1000 /day with a 20 day cap on the bonus. The contractor completed the work in the business area prior to June 10, 1995, and qualified for the full bonus. A total of six (6) change orders were issued to complete the project. The majority of the change orders dealt with the stabilization of poor subgrade and planting of palm trees. During the reconstruction of Cliff Drive, excessive moisture was encountered in the soil which was not evident from a soils report used in the roadway design. The result was an increase in the pavement thickness placed and thus in the cost of the unit price items constructed. Change orders in excess of $5,000.00 are listed below: SUBJECT: ACCEPTANC TUSTIN AVENUE STORM DRAIN; AND RISIDE AVENUE AND CLIFF DRIVE ROAD RECONSTRUCTION BETWEEN IRVINE AVENUE AND COAST HIGHWAY - CONTRACT NO. 2782 November 13, 1995 Page 2 1. A change order in the amount of $5,775.00 provided fog the transportation • and planting of 15 King Palm trees within the business district adjacent to Riverside Avenue 2. A change order in the amount of $23,209.63 provided for the placement of geotextile fabric and repair of subgrade prior to placement of roadway in Cliff Drive. 3. A change order in the amount of $9,500.00 provided for the overexcavation of unsuitable subgrade and replacement of suitable material under a reinforced concrete box storm drain in Riverside Avenue. 4. A change order in the amount of $24,025.21 provided for the overexcavation, removal of unsuitable material, placement of geotextile fabric replacement of suitable material in Riverside Avenue. Funds for the construction project were budgeted in the following accounts: Description Account Number Amount • General Fund (Tustin Avenue Storm Drain) 7012- C5100010 $404,900.00 General Fund (Riverside /Cliff Rehab) 7013- C5100013 310,492.63 State Contribution (Tustin Storm Drain) 7251- C5100010 110,100.00 State Contribution (Riverside /Cliff Rehab) 7251- C5100013 42,423.00 Gas Tax (Street Rehab Program) 7181- C5100142 49.665.89 TOTAL $917,581.52 The contractor is Clayton Engineering, Inc. of Newport Beach. The scheduled completion date was September 15,1995. However, work was completed by September 7, 1995. Respectfully submitted, C-� PUBLIC WORKS DEPARTMENT • Don Webb, Director By Horst Hlawaty 4 Acting Field Engineer TD: CITY OF NEWPORT BEACH (Construction lender, public body, or parry with whom Stop Notice was filed) (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated OCTOBER 27, 1995, in the amount of$ 29,065.34 against CITY OF NEWPORT BEACH as owner or public body and CLAYTON ENGINEERING as prime contractor in connection with the work of improvement known as STORM DRAIN & STRUCTURES RIVERSIDE AVE. & CLIFF DR., BETWEEN IRVINE AVE. & PCH, TUSTIN AVE. CLIFF TO CLAY, in the City of NEWPORT BAH , County of State of California. � Date DECEMBER 20, 1995 r WEST COAST STRUCTURES INC VERIFICATION name) (Authorized capacity) I, the undersigned, state: I am the PRESIDENT OF WESTERN STRUCTURES ('Agent of', 'President of ", "A Partner of", "Owner of', etc) — —T RECEIVED JAN 19 1996 the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on DECEMBER 20, 1995 , 19 95 , at RIVERSIDE State of CALIFORNIA (Signature of Claimant or Authorized Agent) WOLCOTTS FORM 898 — RELEASE OF STOP NOTICE —New 4.93 Before you use this form, read h, all in all blanks, and make whatever clanger are appropriate and IIIIIIIIIIIII III III II IIII III '91993 WOLCOTTS FORMS, INC. spice class 3A) necessary to your particular transaction. Consult a lawyer if you doubt the form's fimess for your purpose II II and use. Wolcolls makes no representnon or warranty, express or implied, wife respect m the merchan. tablliry, or fitness of this form for an intended use or purpose. 7 67775 39898 4 Name of Claimant: I a a By x s PRESIDI El N o go d i'1 BOO O � CU CD �ca'�aCim�o'SQ `G QG C7dddc`O <<±_ WEST COAST STRUCTURES INC VERIFICATION name) (Authorized capacity) I, the undersigned, state: I am the PRESIDENT OF WESTERN STRUCTURES ('Agent of', 'President of ", "A Partner of", "Owner of', etc) — —T RECEIVED JAN 19 1996 the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on DECEMBER 20, 1995 , 19 95 , at RIVERSIDE State of CALIFORNIA (Signature of Claimant or Authorized Agent) WOLCOTTS FORM 898 — RELEASE OF STOP NOTICE —New 4.93 Before you use this form, read h, all in all blanks, and make whatever clanger are appropriate and IIIIIIIIIIIII III III II IIII III '91993 WOLCOTTS FORMS, INC. spice class 3A) necessary to your particular transaction. Consult a lawyer if you doubt the form's fimess for your purpose II II and use. Wolcolls makes no representnon or warranty, express or implied, wife respect m the merchan. tablliry, or fitness of this form for an intended use or purpose. 7 67775 39898 4 AN STOP NOTICE Jy LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS t r (Public or Private Work) "z Per California Civil Code Section 3103) To: CITY OF 14EWP�RT BEACH (Name at owner public body or construction fund Omaer) (Address It directed ro a earn ar SaP,gs and boar assn use address of bourn fashion lunar ,City. state and 111l Project: TUSTIN AVE STORM DRAIN & (Name) RIVERSIDE AVE /CLIFF DR. RECONSTRUCTION NEWPORT BEACH, CALIFORNIA (City state and zip) TAKE NOTICE THAT WEST COAST STRUCTURES INC., dba WESTERN STRUCTURES tName of the person or ham planning, the stop notice licensed cod,(roc must use the name unite, which contractors fens, is issued) whose address Is 5064 ETIWANDA AVE., MIRA LOMA, CA (1 752 (Address of person or him c:aimmg Stop nonce) has performed labor and furnished materials for a work of improvement described as follows: STORM DRAIN & STRUCTURES RIVERSIDE AVE & CLIFF DR BETWEEN IRVINE AVE & PCH TUSTIN AVE.CLIFF TO Ram, and erased of the protect where work or marmots were furnished) CLAY The labor and materials furnished by claimant are of the following general kind: t8md of labor. services cemen t.ormaterials Intrafed or agreed to be ormehed by cfarmanp The labor and materials were furnished to or for the following party: CLAYTON ENGINEERING INC. (Name of the party who crashed the work or matenael Total value of the whole amount of labor and materials agreed to be furnished is: ............................... $ The value of the labor and materials furnished to date is: ..................... __ ............................................. $ Claimant has been paid the sum of: and there is due, owing and unpaid the sum of: ................. ...................... I ........................... .. $ $29,065.34 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. WEST COAST STRUCTURES INC., dba FIRM NAME: WESTERN STRUCTURES (Name of stop notice claimant) z agent of slap Hat." clamant most agd Here and VERIFICATION I, the undersigned, say: I am the PRESIDENT (- Presdent of -. -A partner of'. 'Owner of ", -Agent of', etc,) the claimant named in the foregoing Stop Notice: I have read said Stop Notice and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on OCTOBER 27 1 19 95 (Late tors document was signed) at MIRA LOMA California. (Name of city where stop notice signed) (Personal burgeoned cif the Individual who is swearing that the contents of stop notice are true) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Claimant must enclose self- addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 894 —SIOP NOTICE —Rev. 4 -91 (price class Of Before you use this lard, read it fill in all blanks, and make whatever charges are appropriate and necessary to your particular c 1991 WOLCOTTS. INC. transaction. Consult a lawyer It you doubt Ine terms lioness tour your purpose and use. Nblcotls makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. ME RELEASE OF STOP NOTICE (Public or Private Work) CITY OF NEWPORT BEACH 3300 NEWPORT BLVD ider (or party with whom Stop Notice was NEWPORT BEACH, CA 92659 ASSOCIATED GENERAL CONTRACTORS OFCALIFORNIA OCT 9 TH5 cav ui.Py �� _cli You are hereby notified that the undersigned claimant releases that certain Stop Notice dated OCTOBER 9, 1995 in the amount of $ 10, 490.03 against CLAYTON ENGINEERING, INC. as owner or public body and (if applicable) as prime contractor in connection with the work of improvement known as TUSTIN AVE. STORM DRAIN: RIVERSIDE AVE. & CLIFF DRIVE ST. RECONSTRUCTION BETWEEN IRVINE AVE, & PACIFIC COAST HWY. CONTRACT NO. 2782 in the City of NEWPORT BEACH County of ORANGE State of California. Date OCTOBER 9, 1995 h A Name of Claimant f. 'gay �• ,.�'�' c� P tj © Associated General Contractors of California, Inc. 1990 E.W. HARMON, INC. (Firm Name) By'iT_ (Signature) PRESIDENT (Official Capacity) Form AGCC -21 0 STATE OF CALIFORNIA COUNTY OF }SS. On before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature 0 (This area for official notarial seal) NOTE: This document has Important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is Intended to meet the requirements of California law as of October 1, 1989. -2- CALIFORNIA ALL- PURPOSPACKNOWLEDGMENT • 1 State of L( 1 A County of On V "F2P G i i before me, DATE personally appeared �•.r�2N NAME, TITLE OF OFFICER - E.G_�"JANE DOE. NOTARY P LIC NAMES) OF SIGNERS) [Erpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s� is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /h,w/their authorized pAIBIC•MIORGAN capacity(ies), and that by his /h.er /th,6ir 1 C01�a�wosoea signature(s) on the instrument the person(s), Igalaryl1161a — ca+a.+. �IlaroECau+n or the entity upon behalf of which the person(s) acted, executed the instrument. ITNES y hand and official seal. l � F NOTARY IIIIIIIIIIIIIIIIIIIIIIIIIIIII OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(%OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 -Canoga Park, CA 91309 -7184 • • kfAw opf MWASO (Name and Location of Project and Project Number) E.W. Harmon, Inc., 10565 Jurupa Road, Mira Loma, CA 91752 (Name and address) has furnished Labor and Equipment ( Labor /servl cos /oqu i pme n qm aterlai) of a kind de5erlbed gonerally as Excavate and install storm drain pipe for stor drain structures. z, for the benofit of /at the request of: (Description of type of work or material) Clayton Engineering, Inc. RECEIVED —UL, —a--u (Name of person to or for whom same was furnished) J\� CRY f.IiRK pr Y for the public work of Improvement described as the Project above. CIT _ A,�qq `" "•�u The value of the whole u9rood to be done or furnished by claimant is $ 56,007.56 The value of that already done or furnished is $ 5 6 r 007 . 5 6 Claimant has been paid or credited with the sum of $ 3 7 , 7 67.3 0 , and there remains duo and unpaid the sum of $ 131290.41 , plus Interest at tho rate of 0 Y. poryeartrom 29 September ,1995 Pursuant to Civil Code section 3180, It Is your duty upon receipt of this Stop Notice, to withhold from the original contractor, or from any person acting under his authority, money or bonds (whore bonds are to be Issued In payment for the work of Improvement) due or to become due to such contractor in an amount sufficient to answer the claim staled In this Stop Notice and to provide for the reasonable cost of any litigation thereunder. Dated September 29, 1995 E.W. Harmon, Inc. (Name of Claimant) President (Signature of Claimant or Agent) (Title) VERIFICATION X65 + t`n I, the undersigned declare; f y ' I am the Office Manager of E.W. Harmon, Inc.; _ - -� - �. (Title) (Name of Claimant) the claimant named In the foregoing Slop Notice; 1 am authorized to make thisverlficallon In behalf of the claimant; I have read the foregoing Stop Notice and know the contents thereof, and the same Is true of my own knowledge, Executed at 10565 Jurupa Rd. Mira Lana 29 September 95 California, on .19 _ . I declare under penalty of perjury under the laws of the S(pto�of CalifornI4 that the foregoing is true and correct. (Signature of Individual who vorlflos \the contents NOTICE TO CLAIMANT: It the claimant pays two dollars ($2.00) to the public entity at the time of filing the stop notice• the public entity must give notice of completion• cessation of labor deemed to be completion, or accaptanco of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notica be filed with the director of Iho department which lot the contract, if the public work Is for the State. In the case of any other public Work, the statute requires that the stop notice be filed in the office of the controller, auditor or other public disbursing officer whose duty it Is to make payments under the provisions of the contract, or with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or othor body by whom the contract wss awarded. NOTE: This documont has Important legal connoquencos; consultation with an attorney Is oneouraged with respect to Its use or modification. This form to intended to meet the requirements of California. low an of October 1, 1991. © Assoclulod General Contractors of California, Inc. 1991 \Rr/ Form AGCC -20 . STOP NOTICE ASSOCIATED CALIFORNIA PUBLIC WORK GENERAL CONTRACTORS (Civil Code Section 3103, Section 3170, at seq.) OFCALIFORNIA TO: City of Newport Beach (See Service Note) 3300 Newport Blvd., Newport Beach, CA 92659 Contract No. 2782 (Address2 Riverside Ave. & Cliff Drive St. Reconstruction PROJECT: Tustin Ave. Storm Drain: Between_ Irvine Ave & Pacific Cnast Hwy_ (Name and Location of Project and Project Number) E.W. Harmon, Inc., 10565 Jurupa Road, Mira Loma, CA 91752 (Name and address) has furnished Labor and Equipment ( Labor /servl cos /oqu i pme n qm aterlai) of a kind de5erlbed gonerally as Excavate and install storm drain pipe for stor drain structures. z, for the benofit of /at the request of: (Description of type of work or material) Clayton Engineering, Inc. RECEIVED —UL, —a--u (Name of person to or for whom same was furnished) J\� CRY f.IiRK pr Y for the public work of Improvement described as the Project above. CIT _ A,�qq `" "•�u The value of the whole u9rood to be done or furnished by claimant is $ 56,007.56 The value of that already done or furnished is $ 5 6 r 007 . 5 6 Claimant has been paid or credited with the sum of $ 3 7 , 7 67.3 0 , and there remains duo and unpaid the sum of $ 131290.41 , plus Interest at tho rate of 0 Y. poryeartrom 29 September ,1995 Pursuant to Civil Code section 3180, It Is your duty upon receipt of this Stop Notice, to withhold from the original contractor, or from any person acting under his authority, money or bonds (whore bonds are to be Issued In payment for the work of Improvement) due or to become due to such contractor in an amount sufficient to answer the claim staled In this Stop Notice and to provide for the reasonable cost of any litigation thereunder. Dated September 29, 1995 E.W. Harmon, Inc. (Name of Claimant) President (Signature of Claimant or Agent) (Title) VERIFICATION X65 + t`n I, the undersigned declare; f y ' I am the Office Manager of E.W. Harmon, Inc.; _ - -� - �. (Title) (Name of Claimant) the claimant named In the foregoing Slop Notice; 1 am authorized to make thisverlficallon In behalf of the claimant; I have read the foregoing Stop Notice and know the contents thereof, and the same Is true of my own knowledge, Executed at 10565 Jurupa Rd. Mira Lana 29 September 95 California, on .19 _ . I declare under penalty of perjury under the laws of the S(pto�of CalifornI4 that the foregoing is true and correct. (Signature of Individual who vorlflos \the contents NOTICE TO CLAIMANT: It the claimant pays two dollars ($2.00) to the public entity at the time of filing the stop notice• the public entity must give notice of completion• cessation of labor deemed to be completion, or accaptanco of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notica be filed with the director of Iho department which lot the contract, if the public work Is for the State. In the case of any other public Work, the statute requires that the stop notice be filed in the office of the controller, auditor or other public disbursing officer whose duty it Is to make payments under the provisions of the contract, or with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or othor body by whom the contract wss awarded. NOTE: This documont has Important legal connoquencos; consultation with an attorney Is oneouraged with respect to Its use or modification. This form to intended to meet the requirements of California. low an of October 1, 1991. © Assoclulod General Contractors of California, Inc. 1991 \Rr/ Form AGCC -20 i E. W. MARMON, INC. OFFICE ACCOUNT 10565 JURUPA RD (909) 360 -1034 MIRA LOMA, CA 91 �2 PAY TO THE ORDER OF 0 1H Bank of America Norco Branch 0734 2690 Hamner Avenue Norco, CA 91760 (909) 686.2580 MEMO 1:l 2 200066 W 25771110734014, 1,647 i(+• 2577 19 ' —�J 16- 66/1220 134 $ Z -3o D O L L A R S fI g�7 Sn0N5 I u7 z � Ln r. W IAA W r �:a Cr U . C Z ' r Z m O Q � � V Q E LO _ (D J 3 0 u ZE x U w q F a O a 3 W Z Ck O 0 ur �o N o � 9 U q F m O a 3 W Z Eo H f") U ri x U W q F a 0 a 3 W Z 0 � N C N O Y N � 1> � Ul [ O O C 4l O O L. 41 �' > w O O v .t � a 0 LL f CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 TO: PURCHASING /FINANCE DEPARTMENT L/ FROM: CITY CLERK DATE: April 11, 1995 SUBJECT: Contract No. C -2782 Description of Contract Tustin Avenue Storm Drain; and Riverside Avenue and Cliff Drive Street Reconstruction between Irvine Avenue and Pacific Coast Highway Effective date of Contract March 27, 1995 Authorized by Minute Action, approved on March 27, 1995 Contract with Clayton Engineering, Inc. Address 3661 Spruce Street Beach, CA 92660 Amount of Contract $788,231.00 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach -0 9 CITY CLERK NOTICE INVITING SIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, Ca 92659 -1768 until 11:00 A.M. on the 15th day of March 1995, at which time such bids will be opened and read for: TUSTIN AVEUNE STORM DRAIN; AND RIVERSIDE AVENUE AND CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND PACIFIC COAST HIGHWAY Title of Project 2782 Contract No. $900,000.00 Engineer's Estimate PO O� \ QFZN� Approved by the City Council this 13th day of February, 1995 14Z LA /c Q Wanda E. Raggi Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92659 -1768. For further information, call_ Lloyd Dalton at (714) 644 -3311 Project Manager 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE AVENUE AND CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND PACIFIC COAST HIGHWAY CONTRACT NO. 2782 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2782 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION NO. AND UNIT UNIT PRICE WRITTEN IN WORDS 1. Lump Sum Mobilization UNIT TOTAL PRICE PRICE @ Forty -Two Thousand Dollars No and Cents $42,000.00 Per Lump Sum 2, 500 Sawcut and remove L. F. concrete curb and gutter @ Two Dollars and Seventy -Five Cents $ 2.75 $1,375.00 Per Linear Foot 0 0 PR 1.2 ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 3. 171,000 Sawcut and remove A.C. pavement; S.F. excavate and prepare subgrade @ No Dollars Fifty Ceds .50 500.00 $ $85, Per Square Foot 4. 1,160 Sawcut and remove S.F. concrete sidewalk @ No Dollars and Eighty -Five Cents $.85 $986.00 Per Square Foot 5. 1,400 Sawcut and remove S. F. concrete cross gutter @ One Dollars and No Cents $1 .00 $1,400.00 Per Square Foot 6. Lump Sum Sawcut and remove concrete block wall @ Six Hundred Dollars No Cents $600.00 Per Lump Sum 7. Lump Sum Sawcut and remove interfering portions of abandoned pipeline @ Five Hundred Dollars and No Cents $ 500.00 Per Lump Sum 0 0 PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. Lump Sum Break into 6'wide R.C. box and construct cast -in place portion of 8' wide R.C. box Thirteen Thousand @ Dollars and No Cents $13,000.00 Per Lump Sum 9. 585 Construct precast 8' wide L.F. R.C. box @ Two Hundred Sixty Dollars and No Cents $ 260.00 $152,100.00 Per Linear Foot 10. 20 Construct precast 8' wide R.C. L. F. box transition structure @ Three Hundred Thirty Dollars No Ce d s $ 330.00 $ 6 , 600.00 Per Linear Foot 11. Lump Sum Provide sheeting, shoring and bracing for trenches @ One Thousand Dollars and No Cents $ 1,000,00 Per Lump Sum 12. 1,725 Install 30" R.C.P. L. F. @ Fifty -Six Dollars and No Cents $ 56.00 $96,600,0 Per Linear Foot 0 0 PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. M Install 18" R.C.P. L.F. @ Thirty -Eight Dollars and No Cents $ 38.00 $9,386.00 Per Linear Foot 14. 7 Construct Junction Structure Each No.1 Two Thousand Three @ Hundred Fifty Dollars and No Cents $2,350.00 $16, 450.00 Per Each 15. 7 Construct catch basin curb Each inlet Type OL Three Thousand Four @Hundred Fifty Dollars and No Cents $3,450.00 $ 24,150.00 Per Each 16. 1 Construct catch basin curb Each inlet Type OL -A Two Thousand @ Three Hundred Dollars and No Cents $ 2.300.00 $2,300.00 Per Each 17. 10 Construct local depression Each @ Three Hundred Fifty Dollars No Cents $ 350.00 $ 3,500.00 Per Each 0 0 PR 1.5 ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 18. 3 Construct concrete pipe Each collar @ Three Hundred Fifty Dollars and No Cents $ 350.00 $ 1,050.00 Per Each 19. 2 Construct pressure manhole Each on precast R.C. Box One Thousand One Hundred @ Seventy -Five Dollars and No Cents $ 1 ,175.00 $2,350.00 Per Each 20. 4,800 Construct 0.10'10.25' thick A.C. Tons @Thirty -Four Dollars and No Cents $ 34.00 $163,200.00 Per Ton 21. 900 Construct 0.50' thick A.B. Tons @ Fourteen Dollars Fifty Cents $ 14.50 $13, 050.00 Per Ton 22. 7,700 Construct 0.75' thick A.B. Tons @ Nine Dollars and Ninety -Five Cents $9.95 $76,615.00 Per Ton • • PR 1.6 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. Lump Sum Construct concrete block wall @ nna Thniicand Dollars and No Cents $1,000.00 Per Lump Sum 24. 6 Construct full depth A.C. Tons against local depression @ One Hundred Dollars and No Cents $100.00 $600.00 Per Ton 25. Lump Sum Sawcut and remove concrete depression and grate inlet @ Eight Hundred Dollars and No Cents $800.00 Per Lump Sum 26. 260 Construct concrete curb L.F. and gutter @ Eighteen Dollars and No Cents $T8:00 $4.680.00 Per Linear Foot 27. 20 Construct variable thickness Tons A.C.cap @ Thirty -Four Dollars and No Cents $34.00 $ 680.00 Per Ton PR 1.7 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 1 Remove and replace stop sign Each 29. 30 31 32. @ One Hundred Fifty Dollars and No Cents $150.00 $150.00 Per Each 12 Adjust manhole F &C to grade Each Three hundred @ Tyrpnt4/_Fjva Dollars and No Cents $ 325.00 $3,900.00 Per Each 16 Adjust water valve box to-,grade Each @ One Hundred Fifty Dollars and No Cents Per Each 2,550 Construct cross gutter S. F. $150.00 $2,400.00 @ Five Dollars and fifty Cents $5.5n $14,n25 nn Per Square Foot 18 Install street tree frame Each and grate @ XXXXXXXXXX Dollars and DELETE XXXXXXXW Cents $ XXXXXX $XXXXXX Per Each 9 0 ITEM QUANTITY ITEM DESCRIPTION UNIT NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 33. Lump Sum Remove striping/pavement markings and install temporary and permanent striping /pavement markings Seven Thousand @ Eight Hundred Dollars and No Cents Per Lump Sum 34. 2 Remove and replace mailbox Each One Hundred @ Twenty -Five Dollars and No Cents Per Each 35. Lump Sum Provide flaggers, traffic control and delineation @ Ninety -Eight Hundred Dollars and No Cents Per Lump Sum 36. 1,050 Construct concrete sidewalk S. F. TOTAL PRICE $7,800.00 $ 125.00 $ 250.00 $9,800.00 @ Four Dollars and Thirty -Five Cents $ 4.35 $4,567.50 Per Square Foot 37. 2 Construct catch basin with Each manhole in street Thirty -Three Hundred @ Fifty Dollars and No Cents $3, 350.00 $ 6, 700.00 Per Each • PR 1.9 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 38. 470 Sawcut and remove S.F. concrete driveway @ One Dollars and Ttventy -Fi ve Cents $1 .25 $587.50 Per Square Foot 39. Lump Sum Adjust traffic signal pull box to grade @ Five Hundred Fifty Dollars and No Cents $550.00 Per Lump Sum 40. 2 Construct handicap Each access ramp @ Nine Hundred Dollars and No Cents $ 900.00 $1 , 800.00 Per Each 41. 4 Replace traffic signal loops Each @ Tvio Hundred Fifty Dollars and Nd Cents $ 250.00 $1 ,100.00 Per Each • PR 1.10(rev.) ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 42. 47 Install 24" R.C.P. L.F. @ Fifty-Seven Dollars and No Cents Per Linear Foot $ 57.00 $ 2,679.00 Seven Hundred Seventy -Seven Thousand Six Hundred Eighty -One Dollars Dollars 777,681.00 °and $ No Cents Cents TOTAL BID PRICE TOTAL BID PRICE WITHOUT ADDITIONAL BID ITEMS (WORDS) (FIGURES) ADDITIONAL BID ITEMS ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 43. 7 Remove street tree Each @ Three Hundred Fifty Dollars and No Cents $350.00 $ 2,450.00 Per Each 44. 18 Install street tree frame and grate Each @Four Hundred Fifty Dollars and No Cents $450.00 $ 8,100.00 Per Each 0 PR 1.11 Seven Hundred Eighty -Eight Thousand Two Hundred Thirty -One Dollars Dollars and $288,231.00 No Cents Cents TOTAL BID PRICE TOTAL BID PRICE INCLUDING ADDITIONAL BID ITEMS (WORDS) (FIGURES) 3/15/95 Date 714 - 863 -0202 Bidder's Telephone No. 476125 A, B Bidders License No. & Classification Clayton Engineering, Inc. Bidder Steven M. Murow, Executive Vice President Bidder's Authorized Signature & Title S/ Steven M. Murow, Executive Vice President Bidders Signature • • Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 0 Page 2A In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a co: authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature 476125 A, B Contractor's License No. & Classification Clayton Engineering, Inc. Bidder 3/15/95 Date 5/91 S/ Steven M. Muroii, Executive Vice President Authorized Signature /Title 0 Page 28 PREQUALIFICATION OF ALTERNATIVE R.C. BOX DESIGNS Riverside Avenue between Pacific Coast Highway and storm drain Sta. 6 +20 lies within a very busy and congested commercial area. Construction must be expedited in this area so that disruption of access to businesses and to Newport Heights residences may be minimized. Accordingly, a precast box storm drain will be installed and a incentive bonus /liquidated damages provision is included in Section VI. of the Special Provisions pertaining to storm drain and street construction within this area. The plans and special provisions show two alternative precast box designs which may be installed. Bidders or precast manufacturers may wish to prequalify additional precast box designs for the project. Such prequalification shall occur during the bidding period as specified below: Bidders or precast manufacturers shall submit alternative precast box designs to Lloyd Dalton, Project Manager for the City of Newport Beach, on or before March 1, 1995. Precast design submittals shall conform to the requirements of Section 2 -5.3 of the Standard Specifications, except as superseded herein. Precast design submittals and accompanying substantiating calculations shall be prepared and sealed by a Civil or Structural Engineer registered by the State of California. Precast designs shall be based upon an HS20 -44 loading plus earth, asphalt and concrete dead weights and a 2" minimum clear rebar cover. Precast designs shall include at least 3 angled segments for the portion located between storm drain Stations 0 +15t and 0 +54.50 E.C. The bidder or precast manufacturer is cautioned that precast designs shall be able to accommodate openings for inlets and manholes, that manholes shall not be precast in place (to allow for adjustment to finish surface grades), and that a flexible sealant shall be installed between precast sections to assure water retention. The Project Manager will communicate with bidders or precast manufacturers as to deficiencies in their submittals, and shall provide final acceptance of prequalification to the bidder or precast manufacturer on or before March 10, 1995. 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 1. Subcontract Work Concrete Subcontractor Amburgey Corich Address Costa Mesa 2. Striping OCS Orange 3. Surrey D. L. Surveying San Juan Capistrano 4. Asphalt Cap All- American Corona 5. Concrete Structure (CB & JS) Western Lake Elsinore 6. 7. 8. 9. 10. 11. 12. Clayton Engineering, Inc. S! Steve M. Mu�ow F ariir;ya lira president Bidder Authorized Signature /Title 5/91 • • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we Clayton Engineering, Inc. as bidder, and L'o y , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Total Amount Bid Dollars ($ 10% ),lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Tustin Avenue Storm Drain & Street Reconstruction . (C -2782) (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 15th day of March , 1995. Clayton Engineering, Inc. Bidder Notary Public Commission Expires: 5/91 S/ Steve M. Murow, Executive Vice Presider Authorized Signature /Title SURETY By: Jeffrey R. Gyde (Attach Acknowledgment of Attorney -In -Fact) Continental Ca3ualty Company CHA Far AU the Commitments You Make^ AN ILLINOIS CORPORATION 40 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT eloaId a iIts rincpaEflom Aof a co onuyoll existing under the S at fllinD , these having That office the Chicago, and stateolllin3,does hereby make, constitute and appoint Jeffrey R. Gryde. Individually of San .1 mPntP, California Its true and lawful Attorney- In-fact with full power and authority hereby conferred to sign, seal and execute in its behall bonds, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - to the same extent as It such Instruments were Si nod by me e acts of said Attorney, pursuant to the authority hereby given This Powerot Attorney Is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attomey -in -fact The Chairman of the Board of Directors, the President or any Executive, SeniororGroup Vice President may, from time to time, appoint by written certificates attorneys-tndacl to act in behalf of the Company In the execution of policies of Insurance, bonds, undertakings and other obligatoryry Instruments of like nature. Such attorneys -in -fact, sub act to the limitations set forth In their respective certificates of authority, shallhave full power to bind the Company byythelrsignaturaen execution of any such Instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secret &ry and the seal of the Company maybe affixed by facsimile to any certificate of any such power, and any such power orcenificate bearing such facsimile signature and seat shall be valid and binding on the Company. An yy such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Group Vice President and Its corporate seat to be hereto affixed on this 30th day of Ma rch ,19 AA_ CONTINENTAL CASUALTrCOMPANY Stale of Illinois l ss County of Cook J this of me �O9 sFx rw1 = 94. before me personally came asides In the Village of Downers Grove, State corporation described In and which executed e said instrument is such corporate seal; that it was so affixed pursuant to the said Instrument Is such corporate seal; that It was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. mac, o r rrorury wxx: e �c Li a C. Dempsey N ary Public. °or Co CERTIFICATE My Commission Expires OCtobe , I, George R. Hobauph, Assistant Secretary oT CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power o ALTO nay herein above sal forth is still In lone, and further certify that Section 3 of Article IX of the By -Laws of the Company and the R lion of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 15th _ day of March , tg 95 aFx Georg�ob�au Assistant Sj— rZ�ery.` Form 1- 23142 -8 +wr INy . r!S b -S9Qe0 n C' J CALIFORNIA ALL- PURPOSS ACKNOWLEDGMENT State of California County of Orange On March 15, 1995 DATE personally appeared is before me, Kelly Williams, Notary Public NAME, TITLE OF OFFICER • E.O. VANE DOE, NOTARY PUBLIC Jeffrey R. Gryde NAME(S) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their slgnature(s) on the instrument the person(s), or file entity upon behalf of which the KELLY WILLIAMS person(s) acted, executed the Instrument. COMM. 41030241 D Notary Public California y aa amy ORANGE COUNTY �' WITNESS my h nd and official seal. A Commission Exp. 6/108 K V _ /',/N $101UTURE OF NOTARY OPTIONAL Na 6907 Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachrnent of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmE(S) ❑ PARTNER(s) ❑ LIMTTED ❑ GENERAL ® ATTORNEY- IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTMES) Continental Casualty Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7164 - Canoga Perk, CA 913097184 CALIFORNIA ALL- PURPOSAACKNOWLEDGMENT • State of C County of L On zj- before me, 1�1/ly / /,l /+S t of�Yr/ i'C DATE N ME. TITLE OF OFFICER G.. 'JANE DO OTARY PUBLIC' personally appeared f4'I ✓ , NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), KELLY WILLIAMS or the entity upon behalf of which the N COMM. 41030241 2 m NotaryPublicCalifornia > person(s) acted, executed the instrument. D t ORANGE COUNTY En My Commission Exp. 6/19/98 WITNESS my hand and official seal. J SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICE 7ITLE(S) ' ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSOI OR ENfITY)IES) DESCRIPTION OF ATTACHED DOCUMENT j�ztdS91 d TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 3-15- 9 Z-5� DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 71 69 • Canoga Park, CA 913097199 E NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) 0 Page 5 Steven M. Murow , being first duly sworn, deposes and says that he or she 1s VP/SeC/Tre�as. of the party making the foregoing bid; that the bid is not made n the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. Clayton Engineering, Inc. S/ Steven M. Murow, Executive Vice President Bidder Authorized Signature /Title Subscribed and sworn to before me this 15th day of March 19 95. [SEAL] Notary Public My Commission Expires: 5/91 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of !a /,•4rt j3 No. 590] County of alradq On 3 �` 9X5 before me, /v��G,1�.S�Aty PW/ DATE NAJAE, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared NeK AIYV ti NAME(S) OF SIGNER(S) J�l personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized KELLY WILLIAMS capacity(ies), and that by his /her /their COMM. /1030241 in Notary Public California a signature(s) on the instrument the person(s), Q m � a ORANGE COUNTY r; or the entity upon behalf of which the My Commission Exp. 6/19/98 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL 42 CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON( OR ENTITY(IES) ,,''✓✓''� ww LTTLAA zlq 0q� � C_ DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 3- /S- 97 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number SEE ATTACHED Clayton Engineering, Inc. Bidder 5/91 S/ Steven M. Murow, Executive Vice President Authorized Signature /Title CLAYTON ENGINEERING, INC. Selected List of General Engineering Projects SAN JUAN GROUP 30211 Avenida de las Banderas., #140 Rancho Santa Margarita, CA 92688 JOHN MARKEL Project Manager (714) 589 -9455 SOUTHWEST DETENTION BASIN LOS FLORES DEVELOPMENT, SANTA MARGARITA $1,058,000 Development of a 10.5 -acre multi -basin detention basin in an environmentally sensitive area of County of Orange jurisdiction in Santa Margarita. Work included grading and placement of a 20-mil liner, 1200 LF of 78" RCP, construction of an energy dissipator structure, diversion structure and eight 30' catch basins on OSO Parkway. Access roads will be paved with 6" PCC raked finished and asphalt pavement. Construction time is limited to 90 calendar days. SEACLIFF PARTNERS DICK HAGEE ART CARTWRIGHT JOINT VENTURE OF NEW URBAN Project Manager General Field Supt. WEST, INC. and PACIFIC COAST (310) 394 -3379 (714) 841 -7792 HOMES (Chevron 010 CAMBRIA COLLECTION HUNTINGTON BEACH, CA $2,385,000 Site development of a series of former oil producing "Islands" within Huntington Beach ranging from 9 lots to 21 lots. Grading of sites include remediation of hydro - carbon impacted soil by screening and blending of onsite soils. After grading is completed, construction of sewer and water improvements, drainage facilities, concrete improvements and paving is performed Through August, 1994, we have developed five "islands ". SANTA ANA UNIFIED SCHOOL DISTRICT JAMES T. MUHIC 1405 French St. Director of Construction Santa Ana, CA 92701 (714) 558 -5511 DR. MARTIN LUTHER KING ELEMENTARY SCHOOL $769,200 This job consist of demolition of existing residential streets and development of a 5 -acre site for the construction of a new school site. Included in the scope of work is grading; underground construction, storm drain, sewer and water. Masonry and cast in place perimeter walls. Offshe concrete walks, curbs, gutters and asphalt paving. This job was completed under the guidance of the Department of the State Architect. CITY OF BREA #1 Civic Center Circle Brea, CA 92621 SAM PETERSON Project Engineer (714) 990 -7763 BIRCH STREET IMPROVEMENTS $940,000 Street widening consisted of new storm drain, sewer, curb and gutter, and sidewalk Construction of retaining walls, street lights and traffic signal modification, landscape improvements. NORTH ORANGE STREET & ROUGH GRADING $900,000 Rough grading of 7.5 acre site, 430 CY concrete retaining wall, masonry wall, street paving and concrete improvements. URBAN WEST COMMUNITIES MIKE KAIZOJI MARK BROWN 520 Broadway Ste 100 Project Manager Gen. Superintendent Santa Monica, CA 90401 (310) 394 - 3379 (714) 536 -4293 PACIFIC RANCH, HUNTINGTON BEACH S1,600,000 Continual series of contracts for rough and fine grading, storm drain and sewer improvements, asphalt paving and concrete improvements, erosion control and modification/corrective construction, and retaining wall backfill of 20,000 CY. OCEAN POINTE L HUNTINGTON BEACH $704,000 Complete off -site development consisting of extensive overexcavation and contaminated soil handling, sewer and water improvements, and street construction. THE ESTATES, HUNTINGTON BEACH $2,100,000 Complete "tum -key" site development of 32 acres - 185 lot development at Seacliff Country Club in Huntington Beach, including 250,000 CY of grading, storm drain, sewer and water improvements, street construction and refurbishment for part of the golf course. 'N' ISLAND IMPROVEMENTS. A.B. $1,020,000 Off -site development of 12 lots consisting of grading, paving, wet and dry utilities and construction of a multiplate golf -cart undercrossing at 26 below the proposed street improvements. The project includes construction of a sewer lift station and extensive sub - drainage facilldes. CITY OF NEWPORT BEACH STEVE BADHAM 3300 Newport Blvd. City Engineer Newport Beach, CA 92659 (714) 6443311 CANNERY VILLAGE STREET IMPROVEMENTS $480,000 Street, storm drain and water improvements on Balboa Peninsula. POMONA UNIFIED SCHOOL DISTRICT 800 S. Garey Ave. Pomona, CA 91766 CHRIS BUTLER Administrator (909) 397 -4945 SAN ANTONIO ELEMENTARY SCHOOL NO. 5 $2,060,000 This new facility will consist of six portable building clusters, comprising 18 classrooms, food service and administration accommodations. Project requirements include site clearing, underground construction, portable building foundations, structural steel walkways and shelters, concrete walks and landscaping. This project is scheduled to be completed on time under the guidance of the Department of the State Architect. CITY OF SANTA ANA 101 West Fourth Street Santa Ana, CA 92701 DAVID UBIN Project Manager (714) 565 -4050 CENTENNIAL REGIONAL PARK SOCCER FACILITY S787,000 This project consist of construction of concrete seating and lighting system for League Fields 771 and 712, concrete walkways, retaining walls, irrigation and landscaping. This project was completed on schedule and within the budget. 2 CITY OF COVINA RAYMOND COAKLEY 125 E. College St. City Engineer Covina, CA 91723 (818) 858.7258 METROLINK COMMUTER RAIL STATION $960,000 Ttte project included station, platform preparation, 260 -car parking lot, landscaping and traffic signal installation. CITY OF HUNTINGTON BEACH 2000 N. Main Street Huntington Beach, CA 92648 LARRY TAITE JACK MILLER Asst. Engineer City Engineering (714) 5365590 (714) 536 -5431 PACIFIC COAST HIGHWAY WIDENING $1,600,000 Median landscaping and street widening on Pacific Coast Highway. MAIN STREET ALLEY IMPROVEMENTS $515,000 Alley improvements, electrical and utility installation, water features. BEACH BOULEVARD WIDENING $650,000 "Super" Street widening including new construction for curb and gutter and sidewalks. Also, modification to traffic signals and median landscaping. OAKVIEW - STREET & STORM DRAIN IMPROVEMENTS $920,000 Extensive street reconstruction and storm drain improvements within the 300-home north portion of the 50-year-old Oakview area. IRVINE COMMUNITY DEV. CO. FRANK CORDERO BOB ZIEBACK 550 Newport Center Drive Superintendent Vice President Newport Beach, CA 92660 (714) 453 -8808 (714) 720 -2500 HICKS CANYON HAUL ROAD REALIGNMENT 5423,000 Roadway realignment and reconstruction due to major landslide. Design and implementation of drainage devices, grading, asphalt paving, storm drain, and crib wall construction. UNIVERSITY DRIVE EXTENSION $470,000 Roadway widening, involving asphalt paving, concrete improvements, storm drain system and reinforced concrete box culvert construction. STREET IMPROVEMENTS SPECTRUM ONE $536,000 Street and related construction development consisting of utility construction, asphalt paving and concrete improvements. 3 • • CITY OF COSTA MESA DAVID J. ALKEMA TOM BANKS 77 Fair Drive Park Superintendent Project Manager Costa Mesa, CA 92627 714) 7545300 (714) 754.5222 CANYON COMMUNITY PARK $1,670,000 Parksite development, grading, drainage, and paving. 5834,160 Street improvements, storm drain, paving, electrical, and signal modification. CITY OF LYNWOOD TED SEMAAN 11330 Bullis Rd. Project Engineer Lynwood, CA 90262 (310) 603 -0220 x287 LONG BEACH BLVD. IMPROVEMENTS $1,100,000 Improvements involve street widening, addition of a landscaped median and associated grading, storm drains, curbs and gutters. As a consequence of the street widening, sixty residential and commercial buildings were being rehabilitated. 4 REVISED Naga M, 1991 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TUSTIN AVENUE STORM DRAIN, AND RIVERSIDE AVENUE AND CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND PACIFIC COAST HIGHWAY CONTRACT NO. 2782 BIDDERS shall propose to complete Contract No. 2782 in accordance with the Contract Documents as modified by this ADDENDUM No. 1: ADDENDUM No. 1 1. INSTRUCTION TO BIDDERS, Page 2: Add the following paragraph above the last paragraph: PROPOSALS shall contain a TOTAL BID PRICE WITHOUT ADDITIONAL BID ITEMS and a TOTAL BID PRICE INCLUDING ADDITIONAL BID ITEMS. The City of Newport Beach reserves the right to award a contract for either amount. 2. PROPOSAL, Page PR 1.4: Revise Quantity of Item No. 13 as follows: 247 L.F. 3. PROPOSAL, Page PR 1.7: Delete Item No. 32, 4. PROPOSAL, Page PR 1.10: Substitute the attached pink Pg. PR 1.10(rev.) and add the attached pink Pg. PR 1.11, S. SPECIAL PROVISIONS, Section XIII. CONSTRUCTION SURVEY AND MONUMENTATION: Add sentence as follows: "Other centerline monuments shall be tied out and reset in kind." G 7 0 0 0 SPECIAL ROV SIONS, Section XV.B. STREET TREE REMOVALS: Revise 1st paragraph to read: "Street tree removals are an additive bid item; however. ....... SPECIAL PROVISIONS, Section XV.L. STREET TREE FRAME AND GRATE INS A I TIONS: Revise 1st paragraph to read: "Street tree frame and grate installations are an additive bid item; however, ......" PLAN D- 5200 -5, Shts. 5 and 6 of 8: Provide 1/2 inch extra inside bar cover for 30" R.C.P. located between Stations 12 +80 G.B. and 17 +30 G.B. * * * * * * * * * * ** 4 END Bidders shall date and execute this ADDENDUM No. 1 and attach it to your Proposal. Failure to do so may result in the disqualification of your bid. Alternative R.C. box designs have been prequalified for use on this project as follows: Manufacturer Associated Concrete Products Brooks Products A�W? /#,3 Date Contact Tele hone Tim McCall (714)557 -7470 Chuck Darr (800)545 -5930 Lloyf"Dalton, P.E Project Manager I have carefully examined this ADDENDUM No. 1 and included full payment therefore in my Proposal. 3/15/95 DATE Clayton Engineering Inc. Bidder S /Steven M. Murow, Executive Vice Presider Authorized Signature 0 0 Page 7 NOTICE TO SUCCESSFUL BIDDER The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 Bond No. 124353656 • • Premium: Included Page 8 PAYMENT BQND KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 27, 1995 has awarded to Clayton Engineering, Inc- hereinafter designated as the "Principal ", a contract for Tustin Avenu Se torm Drain and Street Reconstruction Pro jct - (Contract No.p7g ) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, 270d Principal has executed or is about to execute Contract No. and the terms thereof require the furnishing of a bond, pro— vi- g that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, as Principal, and Continental Casualty Company - as Surety, are held firmly bound unto the City of Seven Hundred Eighty Eight Thousand the sum of Two Hundred Thirty One and 00/100 -------- - - - - -- Dollars ( $ 788,231.00 ) , said sum be ng equal to 100$ of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/91 Page 8A The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 29th day of March . 1995. Clayton Engineering, Inc. Name of Contractor (Principal) Continental Casualty Company Name of Surety 1800 East Imperial Highway, Suite 200 Brea, CA 92621 Address of Surety NOTARY 5/91 Xuthor54tN0PbMjtVkjMTie EXECUTIVE VICE - PRESIDENT By: Au Yzfad A,10ht Signature Je MR. Gryde, Attomey -in -Fact 714 -498 -7384 Telephone OF CONTRACTOR AND SURETY MOST BE ATTACHED 0 10 Continental Casualty Company CNA For All the Commltmenta You Make" AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUALATTORNEY•IN•FACT aAll aln a s fm Ar corporation do] y-I iaof the SeofIlios, end having it principal the City f Chicago, and State ofllnoa, does hereby make, constitute and appoint of San flPmantP- (a7ifnrnia Its true and lawful Attorney -In -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - as fully and to the same extent as if such instruments were s IY and all the acts of said Attorney, pursuant to the authority This Powerof Attorney is made and executed pursuant to and by authority of the following By- Lawduly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Atfomeydn -fact. The Chairman of the Board of Direelors, the President or any Executive, SeniororGroup Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company In the execution of policies of insurance, bonds, undertakings and other obligatory Instruments of like nature. Such attorneys -in -fact, sub act to the limitations set forth In their respective certificates of authority, shall have full power to bind the Company 4y. their signature and execution of any such Instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Grn Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secrete ry and the seal of the Company maybe affixed by facsimile to any certificate of any such power, and any such power or certificate bearingg such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Group Vice President and its corporate seat to be hereto affixed on this 30th day of Ma rrh 194 Stale of Illinois ii ss �, y CONTINENTAL CASUAL OMPANY County M. V nnahme Group Vice President. rw1 On this 30th day of Marrh 99¢, before me personally came M. C. Vonnahme, to me known who, being by me duly swom, did depose and asy: that he resides in the Village of Downers Grove, State of Illinois; that he is a Group Bice President of CONTINENTAL CASUALTY COMPANY, the corporation described In and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed Pursuant to the said Instrument is such corppoorate seal; that It was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name Ibereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. or e o Lin a C. Dempsey N ary Public. My Commission Expires Octobe CERTIFICATE I, George R. Hobaupyh, Assislant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certif that the Power o Alto ney herein above set forth is affil in force, and Curtner certify that Section 3 of Article IX of the By -Laws 01 the lzompany and the Rdset lion of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 29th _ day of March 19 95 . GeorgeR.Hobaugh F Assistannt S .ary. Fom 1.23142.6 INV. 05900 -D ! • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On March 29, 1995 before me, Yolanda M. Gomez, Notary Public DATE NAME, TIRE OF OFFICER • E.O.. JANE DOE. NOTARY PUBLIC personally appeared Jeffrey R. Gryde NAME(SI OF SIGNER(SI ® personally known to me - OR - O proved to me on the basis of satisfactory evidence to be the person(l) whose name(A) is /061 subscribed to the within instrument and ac- knowledged to me that he /it ib)q executed the same in his /KK)W$(WX authorized capacity( W. and that by his/KiUkti i+ signature(g) on the Instrument the personN), or the entity upon behalf of which the person(d) acted, executed the Instrument. WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL Na 6907 Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL © CORPORATE OFFICER TmE(SI ❑ PARTNER(S) ❑ umrrED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: 140A6 OF PERSON(j) OR ENTgy(IEBI_ ... .. Continental Casualty Company DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Rem* Ave., P.O. eo 7184 - Carlopa Park, CA 81309716, 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of cy/ ;Zp t gt County of Ora On 3''7!' �% �J- before me, Aol�ellw Gihy1id0-.5 DATE ,/ IIIAME, TITLE OF OFFICER E.G., "JANE DOE OTARY PUBLIC' personally appeared S4-e 1-e.L /1/i�t t now NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their KELLY WILLIAMS signature(s) on the instrument the person(s), COMM. 01030241 Notary PublicC�lifomia 9 or the entity upon behalf of which the < ORANGE COUNTY y person(s) acted, executed the instrument. «.• My Commission Exp. 6/19/98 WITNESS my hand and official se SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE q- FFICER VA:e �) cSTUC'n I -rYP-S. TLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) r- T uOR �PE OF �ICUMENT 2 NUMBER OF PAGES 3-,Z 2 -97 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 t Bond No. 124353656 • Premium: $11,382.00 Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 27, 1995 has awarded to Clayton Engineering, Inc, hereinafter designated as the "Principal ", a contract for Tustin kvenueStorm Drain and Street Reconstruction Pro ect (Contract No. 2782 ) in the City of Newport Beach, n str ct conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 2782 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, as Principal, and Contine as Surety, are held irP Clayton Engineering, ]tic. - Seven Hundred Eighty Eight Thousand the sum of Two Hundred Thirty One and 00/100 ------------ -------- Dollars ($788,231.00 ) , said sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its 5/91 0 Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 29th day of March 1995. Clayton Enaineering. Inc. Name of Contractor (Principal) Authorized Signature/Title Continental Casualty Company Name of Surety 1800 East Imperial Highway, Suite 200 Brea. CA 92621 Address of Surety e :D j"ROW Aube 9�i fttDfstkie Je F ey R. Gryde, Attorney -in -Fact 714- 498 -7384 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 51911 Continental Casualty Company CNA Fer All the Commitments You Make" AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having Its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint Jeffrey R. Grvde Individually of San rl m n , ralifarnia Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - DENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were atpned by the duly of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are confirmed. This Powerof Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "ArlicM IX— Execution of Documents 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, SeniororGroup nt may, from time to time, appoint by written certificates atiomeys -in -fact to act in behalf of the Company In the execution f Insurance, bonds, undertakings and other obligatory Instruments of like nature. Such attorneys -in -fact, subject to the it forth In their respective certificates of authority, shall have full power to bind the Company byy their signature and execution instruments and to attach the seal of the Oom any thereto. The Chairman of the Board of Directors, the President or any Drier or Group Vice President or the Board of Directors, may, at anytime. revoke all power and authority previously given to any attorney- In•fai This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney ggranted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secret &ry and the seal of the Company maybe affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." M Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Group Vice President and its corporate seal to be hereto affixed on this 3nth day of Ma rrh 19 94_ Stale of Illinois I,, CONTINENTAL CASUAL MPANY County of Cook I /,,.o, ,\ it it ,,71 A F On this 30th day of March M. C. Vonnahme, tome known who, being by me duty swon of Illinois; that he is a Group dice President of CONTINENT, the above Instrument; that he knows the seal of said Corpon it was so affixed pursuant to the said Instrument is such cc of Directors of said corporation and that he signed his name 7 M. C. nnahme Group Vi r9.4, before me pr pose end say: that he resides in the Village of Downs JALTY COMPANY, the corporation described in and x at the seal affixed to the said instrument is such core seal; that It was so affixed pursuant to authority gives pursuant to like authority, and acknowledges same to deed of said corporation. r J rirerrc e Lin a C. Dempsey N ary Public. My Commission Expires OctoDe , CERTIFICATE I, George R. HobauUh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power o Atlo ney herein above set forth is still to force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the R ti of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 29th _ day of March '19.25 `p. vs'y4r 1� cMwn / �i O 1 sru George R. Hobaugh Assistant Sgp ary. Form 1-231142-11 r,m .mv, n.4in 0A CALIFORNIA ALL- PURPOSE ACKNOWLED43MENT State of California County of Orange On March 29, 1995 before me, Yolanda M. Gomez, Notary Public DATE NAME, TITLE OF OFFICER- E.G. JANE DOE, NOTARY PUSUC' personally appeared Jeffrey R. Gryde No. 6907 NAMES) OF SIONEA(S( ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(l) whose name(A) is/06 subscribed to the within instrument and ac- knowledged to me that helMYWIW executed the same in hisl)(tf?SCW�W authorized ' capacity( W, and that by his/)WWQ%W signature(g) on the instrument the person(s), or the entity upon behalf of which the person(€) acted, executed the instrument. WITNESS my hand and official apal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANfCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: 148116 OF PERSON(S) OR ENMUES) Continental Casualty Company DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Ramat Ave., P.O. Box 7184 • Canoga Park, CA 81309.7184 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of C al Tom a County of Cngd " On 3'31-95 before me, We%lu AlvFar4 961 C DATE I NAME TILE OF OFFIC - E.G., "JANE DO I, NOTARY PUBLIC' personally appeared SftveA. A!� 4,nkl NAMES) OF SIGNER(S) - *personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their KELLY WILLIAMS signature(s) on the instrument the person(s), COMM. #1030241 or the entity upon behalf of which the U) cc QMY Notary Public California person(s) acted, executed the instrument. Q ORANGE COUNTY Commissbn Exp. 6/19198 1 �oe�ve -o-o WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER TIT EIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) 464 L dF4It4qeCJdAa �Z�C..` -- DESCRIPTION OF ATTACHED DOCUMENT Fa i' iL / Fr ;orA,_& c e_& 4 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 3'27- 9� DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91 30 9 -71 84 0 ' Page 10 `� � :ERTIFIGLaT. NS_':FiAN.G—; _ PRODUCER COMPANIES AFFORDING COVERAGE Willis Corroon o£ Orange County 155I Y. Tustin Avenue X1000 COMPANY A LETTER The Travelers Indemnity Company Santa Ana, CA 92705 COMPANY B LETTER Royal Indemnity INSURED Clayton Engineering, Inc. 3661 Spruce Street COMPANY C LETTER Newoort Beach, CA 92660 :COV.ERAGE - yc _. ,� _.. THIS S i0 CERRI -�/ 7}WT POLICIES OF INSURANCE USTM BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE PbR THE PoUCY EmoO -�` INOIGTel NorAnTKSTANONG ANY REQUIRSAEK17 TERM OR CONORION OF ANY CONTRACT OR OTHER OOCUMENT 'NrrH RESPECT TO WHICH TH11S CERTIFICATE MAY BE ISSUED OR MAY PSMAK THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIle TERMS. OCCLUSIONS. AND CONDITIONS OF SUCH POLICES AND IS NOT AMENDED. WENDED OR ALTERED BY THIS CERTIFICATE Go TYPE OF INSURANCE POLICY NUMBER I �� -ECG` IVE 1XIMMON ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE S 2,000 (OCCURNACE BASIS ONLY) I A COMMERCAL YP 660108X390ATRI PROCUCSICOMPLEi ED s 1,000 COMPREHENSIVE 4/1/95 4/1/96 OPERATIONS AGGREGATE ❑ OWNERS & NTRACTORS . PERSONAL INJURY S 1,000 CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTS /COMPL OPER " XCU HAzxPos EACH OCCURAICE I S 1,000 BROAD FORM PROP. DAMAGE SEVERABMY OF INTEREST � DAMAGEQ S 50 CLAUSE ` 1� PERSONAL INJURY WITH i EMPLOYEE EXCLUSION M�IGAL EXPENSES S 5 REMOVED (ANY ONE PERSON) MARINE U=L1TY COMBINED S L OOO ~,J.: • •! .�AUTOMOBILE .� COMPREHENSIVE I SINGLE LIMIT > .� BODILY MAORY (PEA PERSN' s -. A YP OWNED J81o108X390AT1L 4/1/95 4/1/96 soDnYlNJUar HIRED (PER ACCIDENT) i�NON-OWNED I PRDAOAG9EY OCCESS LABIUTY EACH AGGREGATE g uMeREt1n FORM RHN2012 65 4 / 1 / 95 j 4 /1/96 OCCURRENCE OTHER THAN UMBRELLA FORM I .uC S 4,000 S 4,000 STATUTORY ""' ter• a WORKERS* COMPENSATION 1 S �� ACr"IOENT AND S I IXSFASE -POLICY LIMIT EMPLOYERS• UABIUIY S DISEASE - EACH EMPLOYEE LONGSHOREMEN'S N HARBOR' t„ys.Fl+ •t ^7' WORKERZ S• COMPENSATION I I I I STATUTORY , OESCR[PTTON OF OPERTIONS/LOCATHONSNEHICES/RESTRICnONS4WECIAL ITEMS ALL OPERATIONS PERFORMED FOR THE CITY of NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION W M THE FOLLOWING CONTRACT-. Tustin Avenue Storm Drain; and Riverside Avenue and' Cliff Drive Street Reconstruction Between Irvein Avenue and Pacific Coast Highway C =2782 PROJEC'TALE AND CONTRACT NUMBER CERTIFICATE HOLDERS a t,NC�L 1�TiON`' I SHOULD ANY OF THE ABOVE DESCRIBED POUCCES BE NON - RENEWED. CITY OF NEWPORT 364CH I CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. a0X 4 768 COMPANY AFFORDING COVERAGE SMALL PROVIDE 30 DAYS MIN, ADVANCE 3300 NEWPORT BLVD.. NOTICE TO. THE CITY OF NEWPORT BEACH. BY. REGISTERED MAIL NEWPORT 3F- 4CH, C 92659 -1768 ATT@L?QM � �._ -12V9 -1-1 \ )__ 3 - AUTHORZED REPRESENTA . - ... .. ISSUE DAIS .. Page it GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured (s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit. is brought, except with respect to the limits of liability of the company affording coverage. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5/91" The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "occurrence" basis: (Y) Commercial ( ) Comprehensive General Liability The applicable limi t affording coverage damages under this insured(s)_ . 1,000,000 each occurrence $ 2,000,000 - aggregate of Contractual Liability for the company shall be reduced by any amount paid as endorsement in behalf of the additional Page 11A The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail Attention: Public Work Department ` . Atin Avenue Storm Drain and iverSide Avenue and Cliff 7. Designated Contract: Dr i ve Street Reconstruction Between Irvine Avenue and Project Title and contract No. Padi.fic roast Highway CC This endorsement is effective April 1, 1995 at 12:01 a.m. and forms a part of Policy No. see below of The Travelers Indemnity CStmpany (Company Affording Coverage) . YPSEE660108S390A= Insured: Clavton Engineering, Inc. Endorsement No.: 001 T_SSUING COMPANY By- 7N Authorized Representative 5/91 0 0 Page 12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that. 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: 5/91' "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability ( )I Combined Single Limit S Bodily Injury Liability & Property Damage Liability $ 1,000,000 per person per accident The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as.appacable to Automobile Liability Insurance.. Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Tustin Avenue Storm Drain; andRiverside Avenue andClifl 5. Designated Contract: Drive Street Reconstruction Between Irvine Avenue and Project Title and Contract No. Pacific Coast Highway C -2782 This endorsement is effective April 1, 1995 at 12:01 a.m. and forms a part of Policy No. see below of The Travelers Indemnity Company (Company Affording coverage). JTgY-390A insured: Clayton Engineering, Inc. Endorsement No.: 001 ISSUING COMPANY By: Authorized Representative 5/91 11 0 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N 6 U PI A N C E FUND CERTIFICATE OF WORKERS',COMPENSATION INSURANCE MARCH 30, 1995 POLICY NUMBER: 1345082 - 95 CERTIFICATE EXPIRES: 4-1-96 F- CITY OF NEWPORT BEACH BUILDING b SAFETY DEPARTMENT POST OFFICE BOX 1768 NEWPORT BEACH, CA 92663 L JOB: CONTRACT # C -2782 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the po13 y period indicated: This policy is not subject to cancellation by the Fund except upon 1PX days' advance written notice to the employer. 30 We will also give you KRN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04/01/95 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER F- CLAYTON ENGINEERING, INC. 3661 SPRUCE ST. NEWPORT BEACH CA 92660 0 9 Page 14 THIS AGREEMENT, entered into this 27th day of March , 1995, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Clayton Engineering, Inc. , hereinafter "Contractor," is made with reference to the followinq facts: A. City has heretofore advertised for bids for the following described public work: Tustin Avenue Storm Drain, and Riverside Avenue and Cliff Drive Street Reconstruction Between Irvine Avenue and Pacific Coast Highway C- 2782 Title of Project Contract No. B. Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the 1work for the construction of the following described Tustin Avenue StoFn if ain,a and Riverside Avenue and Cliff Drive Street Reconstruction Between Irvine Avenue and Pacific Coast Highway C -2782 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2.. As full compensation for the performance and completion of this work as prescribed above, City shall pay to C ntractor the sum of Seven Hundred Eighty -Eight Thousand Two Hundre �hirty -One Dollars and No Cents Dollars (?788,231 an ). Tnis compensation incivaes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 U LJ Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions forltistin Avenue Storm gain, Rives W"i Avanna _ C -2782 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and4liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPR ED AS T FORM: CI Y ATTORNEY ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By:S Mayor NN of Cone ctor - Authorized Signature and Title • • 0 • ! 04 MAR 2 71995 I March 27, 1995 UV LU II CITY COUNCIL AGENDA APV ITEM NO. TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE AVENUE & CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND COAST HIGHWAY (C -2782) RECOMMENDATION: 1. Award Contract No. 2782, including the removal of 7 existing street trees and the installation of as many as 18 street tree frames and grates, to Clayton Engineering, Inc. for the total bid price of $788,231.00, and authorize the Mayor and the City Clerk to execute the contract. 2. Direct City staff to install street trees along the business district portion of Riverside Avenue upon completion of work on Contract No. 2782. DISCUSSION: At 11:00 A.M. on March 15, 1995 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low Clayton Engineering, Inc. $ 788,231.00 2. Excel Paving Company 813,234.85 3. Beaver Engineering, Inc. 818,050.00 4. R.J. Noble Company 820,910.00 5. Sully- Miller Contracting Co. 862,913.50 6. Gillespie Construction, Inc. 870,603.00 7. Ken Thompson, Inc. 955,152.00 8. Colich & Sons 998,376.50 0 0 SUBJECT: TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE AVENUE & CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND COAST HIGHWAY (C -2782) March 27, 1995 Page 2 The low total bid price is 12%:% below the Engineer's construction estimate of $900,000.00. The low bidder, Clayton Engineering, Inc., is a well - qualified general engineering contractor that has successfully performed previous contract work for the City. This project provides adequate drainage capacity to eliminate flooding of private property in the 400 -block of Tustin Avenue and to reduce flooding at the intersection of Riverside Avenue and Coast Highway. It constructs an initial storm drain system in a Newport Heights drainage area that extends from 15th Street to Lower Newport Bay (see shaded area of attached sketch). The storm drain begins with catch basin installations at the intersection of Clay Street and Tustin Avenue, then proceeds downhill in Tustin Avenue, Cliff Drive and Riverside Avenue in pipe conduit. At Avon Street north, approximately, the pipe conduit transitions into an 8 -foot wide by 1 %: -foot high reinforced concrete box (RCB) conduit. The RCB conduit proceeds further downhill in Riverside Avenue to connect to an existing RCB conduit just north of Coast Highway. The project also reconstructs the roadbed for Cliff Drive and Riverside Avenue between Irvine Avenue and Coast Highway. The old pavement has a minimal base and asphaltic concrete section, and has been repeatedly patched by utility companies, City contractors, and General Services forces. Upon completion of the sewer, water, gas and cable TV work that proceeds the storm drain installation, a new pavement section will be required. The new pavement will provide a smoother ride and an adequate structural roadbed for the next 20 years of use. The project also includes bid items to remove street trees and to install approximately 18 street tree frames and grates along the business district portion of Riverside Avenue. Root growth of 7 Brazillian Pepper street trees along the northerly side of Riverside Avenue has necessitiated repeated sidewalk repairs. In addition, the business community is seeking some measure of area -wide beautification within the business district. If the City Council agrees, the award will include the tree removal and frame and grate installation, and new street trees will be installed under separate contract after the project is completed. Because of the very competitive bidding, adequate funds are be available in the Riverside Avenue street reconstruction appropriation after completion of contract work to pay for new street trees. Parks Division personnel have recommended King Palms as the most desirable for this location. The estimated cost to purchase, deliver and install boxed King Palms, in a size needed • • • E SUBJECT: TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE AVENUE & CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND COAST •HIGHWAY (C -2782) March 27, 1995 Page 3 for fronds to clear pedestrian, bicycle and truck traffic along Riverside Avenue, is $40,000. Staff will use this amount as the maximum allowable expenditure for the street tree project. Two years ago, the street and storm drain project was accepted into Cycle 5 of the State -Local Transportation Partnership Program (see attached letter dated August 31, 1993). In previous cycles, the SLTPP reimbursed agencies approximately 20% of qualified construction costs. Accordingly, preparation of the current budget included 20% street and storm drain Contributions Fund appropriations to compliment the City's 80% General Fund appropriations. Staff has recently been informed that the actual match will be 19.35% SLTPP money (see attached letter dated September 3, 1994). •Funds for award are proposed from the following budget appropriations: Description Tustin Avenue Storm Drain Riverside /Cliff Street Rehabilitation SLTPP Tustin Avenue Storm Drain SLTPP Riverside /Cliff Rehabilitation Account No. Amount 7012 P301010A 404,900.00 7013 P301013A 230,808.00 7251 P301010D 110,100.00 7251 P301013D 42,423.00 Total 788,231.00 The contract specifies that all work shall be completed within the Riverside Avenue business district by June 30, 1995; and that all work shall be completed on the project by September 15, 1995. Failure to complete work by these dates will result in the assessment of $1000 per calendar day liquidated damages against the Contractor. Conversely, completion of work within the Riverside Avenue business district before June 30, 1995, will result in the payment of a $1000 per calendar day incentive bonus to the Contractor for a maximum of is20 calendar days.. Plans, specifications and estimate for the project were prepared by K.W. Lawler & Associates, Inc. and by Public Works Department personnel. 0 a4w Don Webb Public Works Director LD:so SloldIC 'S'sr Cdar ©Q /Dtc' ST OGLE 'r ` C-R_ oG<E- 3'7 4 N O L� OJ I6 J NO ! 4 'CcllfilECPL /y1Q � / � M d /1(?14 ✓ L KNOX wr. :4Cf A[ ,NJkGdR�t : L�R. AJLM�IC . a. � . �. 5. r--- -� #� � � „,tip 1 sr � CO,PM✓�<f L t^� BFOfdf'p W _ r �""' wErTC. "ri'. NfS7L7Ff C � OR E E S4fR1NGYO,y _ PL_� �' sr A4�WAOPT 94P60k .x 2 �L �Li , v °cD cr L'7 C`r`y u LQY v p i1` -eta $.}�• �pRRra °{ co "" �a eod Fay' CZ _?off C Sys, �. � ?4 n p p Tin DOC"' Z4i`m Y 'rP` v X I _ gS DAD `NG BtN e o B °��- �-r 1 i TURNt L1p0 x71''7 1f nD�'DJ� � pa�oDD� _ o �S , TlpxtoG �L 171 0 STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Gow ar DEPARTMENT OF TRANSPORTATION DISTRICT 12 2505 PULLMAN STREET ANA, CA 92705 August 31, 1993 Mr. Benjamin B. Nolan Director of Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Dear Mr. Nolan: 12- ORA- 0 -NptB State /Local Transportation Partnership Program SB95- 5151(001) Your application for the resurfacing and /or reconstruction and storm drain installation project on Riverside Avenue /Cliff Drive from Pacific Coast Highway to Irvine Avenue, Tustin Avenue from Clay Street to Cliff Drive, and Clay Street from Riverside Avenue to Tustin Avenue for the total eligible amount of $925,000.00 has been accepted as an SLTPP Cycle Five project based upon our joint field review. The project number that has been assigned by our office is SB95 - 5151(001). Please be aware that Construction Engineering and Contingencies are no longer participating. By June 30, 1994, the legislature intends to appropriate the State's share the SLTPP funds. The State share will only be available after the Legislature ropriates the funds. As a result of cash flow limitations with the State Highway Account, here will be no advance payments. Payments will be made by reimbursement at no less than monthly intervals. Payments will be made on the final voucher or the approved project costs, whichever is the lower estimate. Based on rules established by the statewide State -Local Partnership Advisory Committee you may proceed with the project listed in this acceptance letter with the understanding that: 1. Advertisement of the construction contract shall not begin until right -of -way has been secured. 2. Projects have been developed in compliance with the California Environmental Quality Act. 3. Projects on local roads will be designed and constructed in accordance with applicable local standards. 4. State Share matching funds will not be available until, or unless, appropriated by the State Legislature. Cycle 5 reimbursement will not occur until after the . 1994/95 State Budget passes in July 1994. 5. Federal and local funds used to match Federal funds must be segregated from State -Local Partnership portion by itemized estimates. 6. Projects withdrawn after the drop deadline of June 15, 1994 or those failing to be awarded by June 30, 1995, must skip 4 cycles before reapplying. This drop penalty also applies to "new" projects within the dropped project's limits. ..... I Mr. Benjamin B. Nolan • August 31, 1993 Page 2 7. Effective as of November 25, 1992, new early reimbursement procedures are now available to accelerate payments. Please furnish the following information when available: 1. Date of contract award. 2. Detail construction Bid amount, project limits and scope. 3. Final source of local funds. (If changes occur) 4. Contract completion date. If you have further questions, please contact Mr. Paul Chang at (714) 724 -2174. Sincerely, SATED s, Chief Street • Local Streets and Roads Branch District 12 • • ..• STATE OF CALIFORNIA — BUSINESS AND TRANSrI RTATION AGENCY PETE WILSON, G wmo, DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET 6 ANA, CA 92705 is • September 1, 1994 Mr. Benjamin B. Nolan Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Dear Mr. Nolan: er: a,11'9tgk.4V � aiygf Jq*. sit )GW&K, dKd 7DaAq ode. S. d (e• z 'rtt� Caltrans Division of State and Local Project Development has received and verified all certified lists of eligible projects electing to remain in Cycle -5 of the SLTPP. Cycle 5 now includes 842 projects with a total value of $1,033,231,823. Using the $200 million authorized by the State budget for the purpose of calculating the match ratio, ando$1,033,231,823 of Cycle -5 eligible projects, the State match ratio for Cycle -5 is finalized at 19.35 percent. As you know, now that the match ratio is set, estimates for Cycle 5 projects cannot be modified. Any Cycle -5 project dropped after the June 15, 1994 deadline will be forced to skip four cycles before reapplication into the program. Ary At 24r If you have any questions, please a!ontact Mr. Ahmad Khosravi at (714) 724 -2174 or Mr. George Saupe at (714) 724 -2173. ibc6110 \shaa830.1tr Sincerely, SAIED HASHEMI, Chief Local Assistance District 12 RECEIVED t 5 •�i • TO: FROM • February 13, 1995 CITY COUNCIL AGENDA ITEM NO. 9 MAYOR AND MEMBERS OF THE CITY COUNCIL PUBLIC WORKS DEPARTMENT SUBJECT: TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE AVENUE & CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND PACIFIC COAST HIGHWAY (C -2782) RECOMMENDATIONS: Discussion: 1. Approve an exception to the capital projects moratorium. 2. Affirm the Categorical Exemption of Environmental Impact. 3. Approve the plans and specifications. 4. Authorize Staff to advertise for bids. The FY 1994 -95 budget includes the following appropriations: General Contributions Title Fund Fund Tustin Avenue storm drain $440,400 $110,100 construction Riverside Avenue and Cliff Drive $392,400 $98,100 street reconstruction This combined project was completely funded by the City and the plans were 90% completed during FY 1990 -91. The project was removed from the capital improvement program during the spring of 1991. The project provides adequate drainage capacity to eliminate is flooding of private property in the 400 -block of Tustin Avenue and reduce flooding at the intersection of Riverside Avenue and Coast Highway. It constructs an original drainage system in a Newport Heights drainage area that extends from 15th Street to Lower Newport Bay (see shaded area of attached sketch). The storm drain begins with catch basin installations at the intersection of Clay Street and Tustin Avenue, then proceeds downhill in Tustin Avenue and Riverside Avenue in pipe conduits. At Avon Street north, approximately, the pipe conduit transitions into an 8 -foot wide by 1%: -foot high reinforced concrete box (RCB) conduit. The RCB conduit then connects to an existing RCB structure just north of Coast Highway. SUBJECT: TUSTIN AVENUE STORM DRAIN; AND; RIVERSIDE AVENUE & CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND PACIFIC COAST HIGHWAY (C -2782) February 13, 1995 Page 2 • The project also reconstructs the pavement of Cliff Drive and Riverside Avenue between Irvine Avenue and Coast Highway. The old pavement has a minimal structural section and has been repeatedly patched by General Services forces. Upon completion of the proposed sewer, water, gas, cable TV, storm drain pipe and RCB installations and modifications, a new pavement section will be needed. The new pavement will provide a smoother ride and an adequate structural section for the next 20 years of use. Some portions of work will necessitate that all of Riverside Avenue except for one in -bound lane to be closed between Avon Street south and Coast Highway. This will occur in May and be completed by June 30th. During the closure the RCB conduit connection will be made to the existing structure at Coast Highway; the RCB will be installed in Riverside Avenue; and the new pavement will be placed. The Riverside Avenue /Avon Street south intersection will also be closed during this time period, but not concurrently with the Riverside Avenue closures so that traffic flow and access may be • maintained in the Mariners Mile area. An Encroachment Permit has been requested from Caltrans. The permit is required so the City's contractor can place traffic control devices along Coast Highway to control access to Riverside Avenue. Caltrans may also need to re -phase traffic signals along Coast Highway as necessary to facilitate traffic movement into and out of the Mariners Center area during construction. As of the time of preparation of this memo, the permit has not been received. The project could include future street tree installations along Riverside Avenue between Coast Highway and Avon Street north. Root growth of the 7 existing Brazilian Pepper street trees along the northerly side of Riverside Avenue has necessitated repeated sidewalk repairs. In addition, the business community is seeking some measure of area -wide beautification within the commercial district. Accordingly, the contract contains an additional bid item so that, if the City Council desires, contract award could include removing the 7 trees and defective sidewalk panels and installing as • many as 20 tree wells. If this is done, Staff recommends that new trees be installed after the project is completed. Adequate funds should be available in the project appropriations to pay for the trees. Parks Division personnel consider King Palm trees most suitable for installation at this location; however, affordable King Palms may not be available at the time of need. Staff will continue to work with the Mariners Mile Association to establish a landscape plan and to select an appropriate street tree for the location. 11 C SUBJECT: TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE AVENUE & CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND PACIFIC COAST HIGHWAY (C -2782) February 13, 1995 • Page 3 Staff has met with Council Member Glover, the Mariners Mile Association, and post office officials to obtain feedback to the project. The Association emphatically requests that no work should be performed during the summer months; that work will be performed within a minimum number of calendar days; and that the project must include street tree beautification. The post office requests that the City provide its employees a substitute parking location during construction. Currently, the employees park along Riverside Avenue adjacent to Cliff Drive Park. Staff proposes to substitute gratis parking in the Mariners Mile parking lot during construction. Plans, specifications and estimate (PS &E) for the project have been prepared by K.W. Lawler & Associates, Inc. Lawler's 1990 design was predicated upon hydrologic calculations for the "Recommended Solution - Alternative G ", contained in the November, 1985 Mariners Mile Drainage Study • by ASL Consulting Engineers. The Orange County's method of hydrologic calculation has been revised since 1990. A 15th Street drainage system that is proposed for construction during FY 1995 -96 will reduce flow into the Tustin Avenue storm drain system. These changes required Lawler & Associates to revise their hydrology /hydraulic calculations and their PS &E. That work is now complete and the new plans provide for a reduced size storm drain system. Lawler's new storm drain and street construction estimate, plus the incentive bonus and estimates for additional work prescribed by Staff, totals $925,000. Staffs estimate for the street tree purchase and installation totals $35,000 and will be bid separately when the contract work has been completed. Assuming no unforeseen delays in the project, work will commence in April and be finished by September 15, approximately. In an effort to minimize the construction time in Riverside Avenue between Coast Highway and the northerly Avon Street, a penalty /bonus clause • has been added to the contract. if the storm drain and base paving work is not completed by June 30, 1995, liquidated damages in the amount of $1000 per calendar day will be assessed. The Contractor will be granted a bonus of 51000 per calendar day for each day earlier than June 30, 1995 the storm drain and base paving is completed. The maximum bonus that can be earned is $20,000. 0 0 SUBJECT: TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE AVENUE & CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND PACIFIC COAST HIGHWAY (C -2782) February 13, 1995 Page 4 • The project has been accepted for State /Local Transportation Partnership Program (SLTPP) funding for FY 94 -95. SLTPP funds will total approximately 209 of construction costs, and when added to the City's appropriations, will be sufficient to award a $1 million combined construction contract. The City's contract must be awarded by June 30, or the project will be dropped from SLTPP. The Environmental Affairs Committee has determined that this project is categorically exempt from the provisions of CEQA. Upon affirmation by the City Council, a Class 3 Notice of Exemption for the project will be filed with the County Clerk. The recent rain storms have demonstrated the need for this storm drain (see attached photographs taken during the January 10 storm). The pavement in Cliff Drive and Riverside Avenue has a minimal structural section and is beyond repair. Inasmuch as storm drain work is needed for flood • protection, the street pavement must be replaced, and the street and storm drain work is cooperatively funded, Staff recommends that an exception to the capital projects moratorium be granted. See the attached August 8, 1994, City Council memo for additional information concerning the moratorium. l Don Webb Public Works Director Attachments • �u SPgpKE1' J/ Off' <F /6 rti �Z Eevo;D ry It Pr-3 L—� V Y . V ST r BFzzFO,pp Op r. 'y44CG RE Tv� 71 C l5'Sf, S. �.. . co�neGY n O a v, r�- Aco rZ $ 7 qn s. V. CO CL COC /Nr'}' LbCk' BALBOV R. ,9Y (Y:$ TURNING BAS /N �__Ca__ \_1�._� / inn BAY �NORE: LIDO IS4 IF i� M :� . Jy � T �, t' 1 / . t';. yy�� z '3" ,. 1 � � �, � <;•, x r�i^�� , „.,. .r.' .� .� • • m 0 U c co m 3 c m Q c w N 3 H O w L R 3 0 z a> c Y O O J 7 • 0 • 9 0 0 a 0 s 0 N m a •L d > _ O a c 0 s 0 z c �L O O J I 0 August 8, 1994 CITY COUNCIL AGENDA ITEM N0.___ 6 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL • FROM: PUBLIC WORKS DEPARTMENT SUBJECT: CAPITAL PROJECTS PROGRAM, GENERAL FUND MORATORIUM RECOMMENDATION: Approve additional exceptions to the partial moratorium adopted on June 27, 1994, consisting of the following categories: a. On -going maintenance and rehabilitation programs (not including major projects) b. Mandated projects and programs. DISCUSSION: At the meeting of June 27, 1994 the City Council adopted the • budget for F.Y. 1994 -95. Because of concerns about possible State of California actions which could affect the City's revenues, a partial moratorium on implementation of General Fund Capital Expenditures and on Rolling Stock purchases was enacted. The exceptions to the moratorium which were approved by the Council on June 27 included the following categories: a. The expenditure is considered essential for public safety. b. There is a contract or project which is already substantially underway. C. The project relies substantially on grant funding and the City's share is required or grant funding will be lost. In reviewing the list of projects which would be subject to the moratorium, it became apparent that it would be in the best interests of the City to include two more categories to be excepted from the moratorium. • 1. On -going maintenance and rehabilitation programs (not including major projects) These programs include preventive maintenance projects, such as street resurfacing; and sometimes safety related projects, such as sidewalk replacement. Purchase of materials such as asphaltic concrete and portland cement concrete for installation by City crews is also included in these programs. The staff believes that exempting these pfp�r�rr�frCm�thBy �,t�Q n1U_WU he City i DAn SUBJECT: CAPITALIROJECTS PROGRAM, GENERAL FIRD MORATORIUM August 8, 1994 Page 2 money in the long run because of the savings inherent in preventive maintenance work; and believes also that it would be • highly undesirable for City crews to be idled because of lack of materials for their work. Major projects in this category should not be automatically exempted from the moratorium. Instead the staff would propose to provide a special review and specific recommendation to the Council if it is felt a particular major project should be implemented. 2. Mandated projects and programs Certain projects and programs may be mandated by Federal and State laws and regulations, Coastal Zone permit requirements etc. These include ADA Alterations, NPDES program elements, Ocean Front Street End improvements, and jail plumbing refurbishing. In evaluating the Capital Projects program and the moratorium it should be kept in mind that normal scheduling considerations will result in • deferral of funding requirements for many projects regardless of whether or not a given project qualifies for exemption from the moratorium. In addition the staff will defer implementation of certain large projects as long as possible even though the particular project qualifies for exemption from the moratorium. A list of the Capital Projects Program is attached, with the last column showing proposed exemption category where applicable. Projects not showing an exemption category number would be subject to the freeze; in some cases an individual recommendation for exemption from the freeze may be made at a later date. It will be noted that many projects could qualify for exemption. This is so because the budget reductions have resulted in only high - priority type projects surviving the budget review process. Some projects which could qualify for exemption are shown as "frozen" because there is not an urgent need to proceed at an early date, and the program can be reviewed when more information is available on both the • State and City budget situations. 2a Benjamin B. Nolan Public Works Director Attachment I 1994195 CAPITAL IMPROVE& PROJECTS, PROGRAMS, SPECIAL ADIES, AND CONTRACT MAINT. I. GENERAL FUND, 010 HARBOR AND TIDELANDS, 7011 Projects: 1) Coast of California Study 30,000 2) Upper Newport Bay In -Bay Sediment Control and Restoration Project 100,000 3) Upper Newport Bay Feasibility Study 37,500 4) Balboa Pier Handrailing Replacement 90,000 Subtotal = 257,500 Programs: 5) Upper Newport Bay Sediment Monitoring 15,000 6) Upper Newport Bay /San Diego Creek Sediment Control Program 15,000 7) Newport and Balboa Pier Inspection /Repair Program 50,000 Subtotal = 80,000 Harbor and Tidelands Total = 337,500 B. DRAINAGE,7012 • Projects: 1) Kings Road/ Pacific Coast Highway /Dover Drive Storm Drain 112,000 2) Tustin Avenue Storm Drain 440,400 (a) 3) Bayside Drive Storm Drain Replacement 60,000 Subtotal = 612,400 Programs: 4) Storm Drain Improvement Program 100,000 5) National Pollutant Discharge Elimination System (NPDES) Permit 75,000 Subtotal = 175,000 Drainage Total = 787,400 (a) Additional funding in the amount of $110,100 is anticipated from the State /Local Transportation Partnership Program (SLTPP). This funding is shown in the Cooperative Projects section and not included in the Drainage total. EXEMPTION CATEGORY LEGEND: 1. Safety 2. • Under Way or Committed 3. Grant or Cooperative 4. Maintenance 5. Mandated Part. - Partial Exemption only Delay - Actual expenditure will be delayed Page 1 2,3 3 3 2,3 2,3 4 6.1 1994/95 CAPITAL IMPROVEMENT PROJECTS, PROGRAMS, SPECIAL STUDIES, AND CONTRACT MAIN T. I. GENERAL FUND, 010, Cont. 1994 -95 Exemption Capital Project or Program Amount Category C. STREETS, 7013 • Projects: 1) Riverside Avenue and Cliff Drive Rehabilitation 392,400 (b) 2) Vista del Oro Pedestrian Underpass Railing Repairs 25,000 3) Dahlia Avenue Street End Slope Repair Adjacent to Femleaf Ave Ramp 200,000 1,2 Delay Subtotal = 617,400 Programs: 4) Ocean Front Street End Improvement Program 100,000 (c) 5 5) Street, Alley and Bikeway Resurfacing & Reconstruction Progam - GS 140,000 4 Part. 6) Sidewalk, Curb and Gutter Replacement Program - GS 260,000 4 Part. 7) Street, Alley and Bikeway Resurfacing & Reconstruction Program - PW 300,000 8) Street, Alley, and Bikeway Slurry Program 75,000 9) Street, Bikeway,and Parking Lot Striping & Pavement Marking Program 75,000 1,4 Part. 10) Sidewalk, Curb and Gutter Replacement Program - PW 100,000 11) Channelization and Traffic Control Safety Improvements Construction 10,000 1 Subtotal = 1,060,000 Streets Total= 1,677,400 • (b) Additional funding in the amount of $98,100 is anticipated from the State/ Local Transportation Program (SLTPP). This funding is shown in the Cooperative Projects section and not included in the Streets total. (c) Funded from Encroachment Revenues EXEMPTION CATEGORY LEGEND: 1. Safety 2. Under Way or Committed 3. Grant or Cooperative 4. Maintenance S. Mandated Part. - Partial Exemption only Delay - Actual expenditure will be delayed Page 2 D- 1994/95 CAPITAL IMPROVE PROJECTS, PROGRAMS, SPECIALODIES, AND CONTRACT MAINT. I. GENERAL FUND, 010, Cont. 1994 -95 Exemption Capital Project or Program Amount I Category D. MISCELLANEOUS AND STUDIES, 7014 Projects: 1) Aerial Photography of City 2) Police Station Electrical Improvements 3) Police Station Air Duct Cleaning 4) Jail Plumbing Refurbishing 5) Police Department Computer Upgrade Project, Phase 1 6) City Facilities Maintenance Improvements 7) City -wide Area Network (WAN) 8) Police Facility Refurbishing, Security System, and Re- keying 9) City Hall Improvements 10) Corporation Yard Improvements 11) Structural ADA Alterations Programs: 12) Street Light Conversion Program 13) Geographic Information System (GIS) 14) Parking Meter Replacement Program AM5) Bicycle Trails Program 6) Street Light Replacement Program 17) Pay Telephone Conversion Program 18) Curb Access Ramps Construction Program E. PARK & RECREATION, 7015 Projects: 30,000 30,000 1,4 30,000 1,4 8,000 5,4 200,000 1,2 delay 100,000 4 Part. 90,000 50,000 4 Part. 30,000 4 Part. 30,000 4 Part. 250,000 5 Subtotal 848,000 50,000 275,000 57,000 15,000 250,000 15,000 20,000 Subtotal 682,000 Miscellaneous and Studies Total = 1,530,000 1) Corona del Mar Lookout Point Stairway Replacement 2) Bonita Creek Park Improvements 3) Hoag Linear Park Development EXEMPTION CATEGORY LEGEND: • 1. Safety 2. Under Way or Committed 3. Grant or Cooperative 4. Maintenance 5. Mandated Part. - Partial Exemption only Delay - Actual expenditure will be delayed Page 3 9,350 5,000 10,000 Subtotal 24,350 �J 1994/95 CAPITAL IMPROVEMENT PROJECTS, PROGRAMS, SPECIALOUDIES, AND CONTRACT MAINT. I. GENERAL FUND, 010, Cont. 1994 -95 Exemption Capital Project or Program Amount I Category E. PARK & RECREATION, 7015 (cont'd) • Programs: 4) Park Facility Improvement Program 55,000 4 part. 5) Backflow Prevention Program 22,000 5 6) Street Tree Reforestation - Phase 1 20,000 1,4 part. 7) Playground Equipment Replacement Program 40,000 1 part. 8) Building and Athletic Field Improvement Program 40,000 4 part. Subtotal 177,000 Park & Recreation Total = 177,000 F. LIBRARY, 7016 Project: 1) Central Library Construction 200,000 2 Subtotal 200,000 Library Total = 200,000 GENERAL FUND TOTAL = 4,709,300 II. TIDE AND SUBMERGED LANDS FUND, 230 • Project: 1) Federal Beach Erosion Control Project, Stage 10 190,000 3 delay 2) Newport Harbor Entrance - East Jetty Repair 50,000 3,4 delay 3) Balboa Parking Lot Fee Equipment Replacement 22,400 4 delay 4) Marine Department Facilities Improvements 20,500 4, part. 5) Balboa Parking Lot Alarm System Replacement 525 4 Subtotal 283,425 Program: 6) Oil Field Improvement Program 50,000 1,4 part. 7) Swim Area Maintenance /Speed Control Buoy Replacement 2,000 1 8) Public Pier and Float Maintenance Program 10,000 4 part. 9) Upper Newport Bay Trash Collecting Log Boom Maintenance 2,500 4 10) Bay and Street End Beaches Replacement Program 10,000 11) Beach Fire Ring Replacement 3,000 4 Subtotal 77,500 Tide and Submerged Lands Total= 360,925 GENERAL FUND AND TIDE & SUBMERGED LANDS FUND TOTAL = 5,070,225 • EXEMPTION CATEGORY LEGEND: 1. Safety 2. Under Way or Committed 3. Grant or Cooperative 4. Maintenance 5. Mandated Part. - Partial Exemption only Delay - Actual expenditure will be delayed Page 4 li Authorized to Publish Advertisements of all kinds in g public notices by Decree of the Superior Court of orange County, Cah 1a. Number A-6214, Scpiember 29, 1961, and A -24831 June 11, 1967. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of.eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City, of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: February 17, 21, 1995 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February at Costa Mesa, California. 4 I, i `rof,75' 21 Signatu e 199 5 CJ ybe4 e of tfia Newpen ax 1799, 192- •pprOVed by the I ouncil this 13th day tbmary 1995. Wanda E. Ragglo Prospective bidders n rtsin one set of bid dog >nta at no cost It the 9 Of the Public w,., rovara, P.O. Box Newport Beach CA 1 1799 For further inform call Lloyd Dalton, at 974.3311 Published New Beach-Costa Mesa Pilot February 17, 21,