HomeMy WebLinkAboutC-2825(D) - Sound wall Segment 1 & 2, MacArthur Boulevard wideningName. Morass and Telephone No of Anomey(s)
HINCHY, W17rE, WOOD, ANDERSON & HODGES
Wayne A. Hersh, Bar #71195
Jon G. Miller, Bar #150702
2030 Main Street, Suite 1300
Irvine, CA 92614
714/260 -4710
Attbrney(s) for Aoll. Pro. Masonryr..Plaintiff
Space Seidw for Use of Court Cleat Only
FILED
ORAMOE COUMTY SUKRM COURT
DEC 2 4 X96
ALAN SLATER, Eratwn* OftvuCWk
....SUPERIOR ................ CSOURT OF CALIFORNIA, COUNTY OF ....ORANGE..................
(SUPERIOR, MUNICIPAL, or JUSTICE)
.............................................................. ...............................
(Name of Municipal or Justice Court District of of branch court, if any)
Plalntiff(s): ALL PRO MASONRY, a partnership, I CASE NUMBER 769107
REQUEST FOR DISMISSAL
TYPE OF ACTION
Defendants(s): CITY OF NEWPORT BEACH, PUBLIC Q Personal Injury, Property Damage and Wrongful Death:
WORKS DEPARTMENT, a political subdivision Q Motor Vehicle = Other
of the State of California. Q Domestic Relations Q Eminent Domain
(Abbreviatadree) ® Other: ( specify). Release ..of..Funds..under..Labor
Code section 1733; Breach of Contract; and
Declaratory Relief
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
1. ® With prejudice = Without prejudice
2. ® Entire action = Complaint only Q Petition only Q Cross - complaint only
Q Other: (Specify)'
Dated:.... 1996
•II dismissal requested is at specified parties only, of specified
causes of action any of of specified cross - complaints only. so
state and identify the parties, causes of action or cross- complaints
to be dismissed.
HINCHY, W17M WOOD, ERSON & HODGES
ey r ll Pro Mason , Plaintiff
Jon G. Miller
(Type or print attorney(s) name(s))
TO THE CLERK: Consent to the above dismissal is hereby given."
Dated: ............ ............................
+Nltt an a cross- compW'mt (or Response (Maniage) aeeMng affirma-
tive relief) is on file, the anonley(s) (Or the cross-complainant
(respondent) must sign this consent when required by CCP
5a t (f ). (2) or (5).
Attorney(s) for
(Type or print attorney(s) name(s))
(To be completed by clerk) � 3
DEC 2 4 2 .
*
Dismissal entered as requested on .....................
...................................... ...............................
Dismissal entered on ............................... as to only ............................... ...............................
Q Dismissal not entered as requested for the following reason(s), and attorney(s) notified on
Dated....DEC.2.4..t: ; a ..... ...............................
A Cnrw 1Mnnlerl M ante OOO nr
At - vrT('FPi('T.F.RK
_ .Clerk
,Deputy
�i
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRO RELATIONS— DIVISION OF LABOR STANORDS ENFORCEMENT
CERTIFICATION OF SERVICE BY MAIL
(C. C. P. 1013a) OR CERTIFIED MAIL
CASE NO. 769107 - All Pro Masonry v. City of Newport Beach, et al.
• I REYNALDO S. TUTOR do hereby certify that I am a
resident of or employed in the county of Los Angeles over 18 years of
fcounty where mailing occvn)
age, not a party to the within action, and that I am employed at and my business address is:
245 W. Broadway, Suite 450
Long Beach, CA 90802 -4445
On January 2, 1997 1 served the within
REQUEST FOR DISMISSAL
by placing a true copy thereof in an envelope addressed as follows:
HINCHY, WITTE, WOOD, ANDERSON & HODGES
WAYNE A. HERSH, Esq.
JON G. MILLER, Esq.
2030 Main Street, Suite 1300
Irvine, CA 92714
and then sealing the envelope and, with Postage and certified mail fees (if applicable) thereon
fully prepaid, depositing it in the United States mail in this city by
u Ordinary first class mail
= Certified mail
l certify under penalty of perjury that the foregoing is true and correct.
Executed on
January 2, 1997 at Long Beach , California.
ITAT! CASK NO.
LB0844
DLSE 344 [REV. 5 /86) CERTIFICATION OF SERVICE By MAIL (C. C. P. 1013x) OR CERTIFIED MAIL
August 5, 1996
Mr, Gary Moore
All Pro Masonry
1015 S. Atlantic Drive
Compton, CA 90221
i a
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3311
Subject: Sound Walls, C- 2825(D)
Dear Mr. Moore:
Please be apprised that the State of California Labor Commissioner has requested that
no further moneys be paid to you until further notice.
Our records indicate that the City is holding $32,322.52, in retention, for the subject
project. A Notice of Completion has been recorded with the Orange County Recorder
on July 3, 1996. This with would normally trigger the retention release 35 days
thereafter, or on about August 7, 1996.
No payment will be forthcoming from the City, until the State's Division of Labor
Standards Enforcement non - payment directive for wage infractions has been satisfied
and/or resolved.
It is our understanding that the Labor Commissioner's office has been in contact with
your attorney and every effort is being made to resolve this issue.
Should you have any questions, please call me at (714) 644 -3311.
Very truly yours,
Horst Hlawaty, P.E.
Construction Engineer
cc: Susan Nakagama, Deputy Labor Commissioner
City Clerk
Gail Pickart
HH/bb
twp51 \horst\2825(d) \letter -4
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTAY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Recorded in the Coun f orange, California
Gary L. Granville. Serv,/Rec rder
19�96�0�340192 3.06pm 0743196
005 20004080 20 12
N12 1 7.00 0.00 0.00 0.00 0.00 0.00
,r
jU1. fit.- ,J'Sc
"Exempt from recording fees pursuant
to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663, as Owner, and
All Pro Masonry as
Contractor, entered into a Contract on September 25, 1995
Said Contract set forth certain improvements, as follows:
Sound Wall for Segment No. 1 Construction of MacArthur
Boulevard Widening, Contract No. 2825(D)
Work on said Contract was completed on February 14, 1996 ,
and was found to be acceptable on June 24, 1996
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is American Motorists
Insurance Company
BY
Public Works Director
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 4,1 ni at
Newport Beach, California.
BY �a��;GYVI'.<_. ✓'� %, �VCc4l..iil�) (�t!` {V°
City Clerk
1; <Y t
•
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT
COMPLETION AND ACCEPTANCE OF
NOA CONSTRUCTION OF MACARTHUR BOULEVARD
WIDENING,CONTRACT NO. 2825(D).
E
June 24, 1996
CITY COUNCIL AGENDA
ITEM NO. 5
RECOMMENDATION:
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 sound wall construction along the easterly side of MacArthur
Boulevard between Coast Highway and approximately 2000 feet northerly of San Joaquin
Hills Road (in conjunction with Segment 1 MacArthur Widening Project) has been
completed to the satisfaction of the Public Works Department. The contractor was All Pro
Masonry of Compton, California.
The bid price was $326,250.00
The amount of unit items constructed 312,608.00
Amount of change orders 22,141.75
Total contract cost $334,749.75
Three (3) change orders were issued to complete the project. They were as follows:
1. A change order in the amount of $2,903.75 provided for the modification to
the glass wall support posts to allow for deeper embedment.
2. A change order in the amount of $27, 358.00 provided for wall realignments,
extra landscaping, wall elevation adjustments, pile cap adjustments and other
minor modifications.
• 3. A, credit change order in the amount of ($8,120.00) provided for the deletion
of landscaping issued under the aforementioned change order.
0
lJ
SUBJECT: COMPLETION AND ACCEPTANCE OF SOUND WALL FOR SEGMENT NO.1 CONSTRUCTION OF .
MACARTHUR BOULEVARD WIDENING,CONTRACT NO. 2825(D).
June 24, 1996
Page 2
Funds for the project were budgeted in the following funds
Description Account Number Amo n
Gas Tax (MacArthur Widening) 7181- C5100066 167,374.87
Circulation & Trans. (MacArthur Widening) 7261- C5100066 167,374.88
TOTAL $334,749.75
The overall project was completed by February 14, 1996, the specified contract completion
date. Delay by the homeowners, in providing the contractor with the necessary release of
liability, as required by staff, resulted in the significant time lapse between the completion
date and date of acceptance.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb. Director
By
Horst Hla a
Construction Engineer
11
•
0 0
CONDITIONAL WAIVER AND RELEASE
PAYMENT
ANGELUS BLOCK CO., INC.
11374 TUXFORD STREET
SUN VALLEY, CALIF 91352
(213) 875 -1580 1 (818) 767 -8576
UPON FINAL
`.J
Upon receipt by the undersigned of a check from
(Maker of Check)
in the sum of $ yQ 03 payable to
when the check has been
properly endorsed and has been paid by the bank upon which it is drawn, this document
shall become effective to release any mechanic's lien, stop notice, or bond right the
undersigned has on the job of r v -� �illtiw�� K X located at
(Owner) /
JVp U
furnished to P�� -7 "C-
(our Customer)
through
(date)
This release covers the final payment to the undersigned for all services, or
material furnished on the job, except for disputed claims for additional work
in the amount of $
Before any recipient of this document relies on it, the party should verify evidence of
payment to the undersigned.
Dated: S 51-576 By
(Title)
Q
RELEASE OF STOP NOTICE
To: G / T 41 0/
(Construction lender, public body, or party with whom Stop Notice was fleet
3300 /�1�h- 1�o.�T l3`�D G.�q
(Address)
You are hereby notified that the undersigned claimant releases that certain Stop Notice dated / / _ /
in the amount of $
against /���y /tea
as owner or public body and
as prime contractor in
a ,G G O
i�4tn /yJA�
with the work of improvement known as /?2 /57G /421slGlL S o--- /�::)
in the City of 45�v r , County of
State of California. /
Date 6 —A // _l b /
Name of Claimant. - -
..
� By - iG
Sao ps�o�, T
UJ d�mt'wid 6.d f'0
D
{4 rinnn�
VERIFICATION
To --4 -?
(Signature)
(Authorized capacity)
G-4 s5
tz
I, the undersigned, state: I am the P� i% S� >/r r �� GQ� 5 r %9 Go�rr�
('Agent of ", "President of', "A Partner of', "Owner of ", etc.)
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. de
Executed on S % - , 19 y G , at / ` / 5— /$/, I °tii
State of
WOLCOTTSF
s 1993 W01-(
4
NOTICE TO
STOP NOTICE •
(California Civil Code Section 3103)
CITY OF NEWPORT BEACH
P.O. BOX 1768 NEWPORT BEACCA
Li l'
PUBLIC L`di.rC.S
(If Private Job -file with responsible officer or person at office or
branch of construction lender administering the construction funds or
with the owner -CIVIL CODE SECTIONS 3156 -3175)
(IF Public Job -file with office of controller,auditor,or other public
disbursing officer whose duty it is to make payments under provisions of
the contract -CIVIL CODE SECTIONS 3179 -3214)
Prime Contractor: ALL PRO FENCE CO
Sub Contractor (If Any):
Owner or Public Body: CITY OF NEWPORT BEACH
Improvement known as MACARTHUR- HARBORVIEW /COSTH /%7Sf7
County of LOS ANGELES
State of California.
Robertson's, Claimant, a Partnership, furnished certain
labor service, equipment 01' materials used in the above described
work of improvement. The name of the person or company to whom
claimant furnished service, equipment, or materials is
ALL PRO FENCE CO
The kind of materials furnished or agreed to be furnished by claimant
was ready mix concrete, rock and /or sand materials.
Total
value
of labor,service,material to be furnished ......
$ 337.87
Total
value
of labor,service,materials actually furnished..$
337.87
Credit
for
materials returned, if any ......................$
0.00
Amount
paid
on account, if any .............................$
0.00
Amount
due
after deducting all just credits and offsets ....
$ 337.87
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on
the above described project to satisfy claimant's demand in the amount of
$ 337.87 and in addition thereto sums sufficient to cover interest
court costs and reasonable costs of litigation, as provided by law.
A bond (CIVIL CODE SECTION 3083) is not attached.(Bond required with
Stop Notice served on construction lenders on private jobs -bond not
required on public jobs or on Stop Notice served on owner on private jobs)
Dated 5/06/96 Name and address of Claimant ROBERTSON'S
P.O. Box 33140
Riverside, Calif. 92223
~ 4 9 - 685 -2200
1j ��� By
f ar
Q g LM CD ki= Au orized Agent
u C) q D O O O m C��' ERIFICATION
I, the undersi ned, stat : I am the agent of the claimant named in the
foregoing Stop Notice; I have read said claim of Stop Notice and know
the contents thereof, and I certify that the same is true of my 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 05/06/96 at Riverside, State `of�California.
Signature of claimant /Agent
0
oil
STOP NOTICE
LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS
APR p lyV6 (Public or Private Work)
(Per California Civil Code Section 31031
To: G l T' '0/% Project: -SOUND ►y i 6;6ez;Mr6,v,7-- 1s'2-
{NA,.E of Q.Eer PIBUC BODY OB CON$TgvCibN SIGI GOICTS) NAME)
AO /VF.✓PomT /36✓9u/ py8-/G Ih/oRK �r /�iac gvt�ryv� /3L�7 . y.�✓G65 N�
(ADDRESS e DIRECTED ro A FANZ OR SAVM6s AND LOAN ISSII , ERIE ADDRESS OF BRANCH HOLDING FUND) LADDI sl 3 OIOb iN
NAFW AQa r l3E,gc✓� CA. 526s� — � 768' Nc- l�.r�Q� a���d �.9
(Giv, STATE AND 'IF) ICnr STATE AND —11i
TAKE NOTICE THAT CcR57- %'a %s+52— 4:4,p55 Ca.6p,
(NAME OF THE PERSON aR EIRM CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WNice CONTRACTOR'S LICENSE IS 155UED)
whose address is 3607 5• / /,yA3e2 'GIi 4,6L. 3e3_5:
(ADDRESS OF PERSON OR FIRM CLAIMING STOP NOTICE)
has performed labor and furf�ishheed materials for a work of improvement described as follows: /Y%iiG 9U,CTl7
L ..4 G/_ / /�; .9 SS -1— GL,v7 /... G /3 LL
AO:D LOCAT1001 OE THE P0.0!ECi WHERE WORK of
The labor and materials furnished by claimant are of the following general kind: GGi5z5S Sir—
(KIND Of TABOR, SERVICES, EQUIPMENT, DR MATERIALS FURNISHED OR AGREED r0 BE FURNISHED BY CLAIMANT)
The labor and materials were furnished to or for the following party:
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: ........................................................................ $
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 's r this
project which are in your hands.
FIRM NAME: ii T TO LQiy _ -
(NAME OF STOP NOTICE CLAIMANT) (O F slop ND E CL i EeE AND vERIFr TEED.)
VERIFICATION
I, the undersigned, say: I am the OF G WZio "j o Levs+STlias.9cS the claimant
('PRESIDENT OF, "MANAGER OF," "A PARTNER OF,' "OWNER OF," "AGENT OF," ETC.( I
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 ` / ��n- �J2r/%%"
'C NL1R'fA. (DATE rws DOCUMENT wAS c w
OF
THAT THE,�TENTS OF STOP NOTICE ARE TRUE)
Ge SenOk REQUEST FOR NOTICE OF ELECTION
PB &RDIE (Private Works Only)
P! ning D,,i/t (Per California Civil Code Section 3 15 9, 3161, or 31611
•� ice Ch!W If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in
1-1-`1, Dii 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:
ICTAIMANT MUST ENCTCSE SELF ADDRESSED STAMPED ENVELOPE)
WOLCOTTS FORM 894 - Rev. 3 -94 (price class 3A)
STOP NOTICE ``'1994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are
appropriate and necessary to your particular transaction. Consult a lawyer if you doubt
SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. the form's fitness for your purpose and use. Wolcotts 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.
INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM
Signature It I ^e c d,marJ s a coton,anun ar athcer or dutr`onieo agent s^o. -e sign If'.ne Oaivd,; 5 d narinersnih a donne: or duthonted agent should sign
II the claimant is 2 sore Drocr en:shrp w -elner w -St oorng h.s..ness ande' a f•.cutious ousinesl rl,me '. ^e owner of ire DusmesS or an autnon2ed agent should
Sign Re'er !o the 'ollCwrng eaamp as
CORPORA' C6
SOLE PPOFRiE "CRSr+ F :G,cWd,,s Business Name;
Nameo' Claimant �'c�hnson F.'_e ^t ^.tr cal „o,. inc. Name usCiaa -mans Dee nl.ec!:rical
PART NEHSh v
Name of Claimant jO —®r, /E ec tr L-H/I _
. — -'O,_ __
By V n --
SOLE PROPFIEICRsonp town ^ramel
Name of Glarnnein: (.._— Johr JCri I eecy,= ric =0�_,
By
Vencoaoon this is a oer,raraaon under Denaay c' peaty -jr,oer me laws of me Sfae of Ca.forr,a a noes not "ave to be "curried However tone valid. the
venc:aton must certain the care it is signed and me signature
rms sianoaro form is intended for the typical Slivamirs
encountered in me lrl indicated However . before you sign read a.
hn in all blanus and mane whatever changes are aopopriao and.
necessary to your particular transiodan Consult a la.vyer d you
daubs time lomYa frtaess for your purpose and use
7 ��67�77 39894 ��6
0 0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
C 'n '4 fiSD
9 2sj��,
TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT
FROM: CITY CLERK
DATE: September 25, 1995
SUBJECT: Contract No. C- 2825(D)
Description of Contract Sound Walls for Segment 1
Construction of MacArthur Boulevard Widening Pacific Coast
Highway to 0.4 Miles N10 San Joaquin Hills Road
Effective date of Contract September 25 1995
Authorized by Minute Action, approved on August 14, 1995
Contract with All Pro Masonry
Address 1015 S. Atlantic Dr.
Compton CA 90221
Amount of Contract $326,250.00
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
9
NOTICE INVITING BIDS
• CITY CLERK'S COPY
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 2:00 p.m. on the 10th day of May, 1995,
at which time such bids shall be opened and read for
SOUND WALLS FOR SEGMENT 1 CONSTRUCTION OF
MACARTHUR BOULEVARD WIDENING
PACIFIC COAST HIGHWAY TO 0.4 MILES N/0 SAN JOAQUIN HILLS ROAD
Title of Project
}
V
C- 28251D1
Contract No.
$ 200.000
Engineer's Estimate
PI
FO
c��
FLT-IL
l�
Approved by the City Council
this 10th day of April, 1995
WAAWFAI / /L���
Wanda E. ..r
City Clerk
Perspective 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 Gail Pickart at 644 -3336.
Project Manager
i
TABLE OF CONTENTS
E
PAGE
NOTICE TO CONTRACTORS .................................................. ............................... N -1
PROPOSAL............................................................................. ............................... 1
CONTRACT DOCUMENTS
Instructions to Bidders ...................................................... ............................... 2
Designation of Subcontractor( s) .......................................... ..............................3
Bidder's Bond .................................................................. ............................... 4
Non - Collusion Affidavit ..................................................... ............................... 5
Technical Ability and Experience References ....................... ............................... 6
SPECIAL PROVISIONS
I.
Scope of Work ............................................... ...............................
SP -1
II.
Contractor's Licenses ...................................... ...............................
SP -1
III.
Times of Completion ....................................... ...............................
SP -1
IV.
Hours of Work ................................................ ...............................
SP -2
V.
Liquidated Damages ........................................ ...............................
SP -2
VI.
Rights -of -Entry and Building Permits .................. ...............................
SP -2
VII.
Construction Surveys and Monumentation ......... ...............................
SP -2
VIII.
Inspection ...................................................... ...............................
SP -3
IX.
Schedule of Work ........................................... ...............................
SP-3
X.
Traffic Control ................................................ ...............................
SP -3
Xl.
Construction Water ......................................... ...............................
SP -3
XII.
Protection of Landscaping, Irrigation Systems, Patios, etc ..................
SP -3
XIII.
Temporary Chain Link Fence ............................ ...............................
SP -4
XIV.
Payment ........................................................ ...............................
SP -4
XV.
Solid Waste Diversion ..................................... ...............................
SP -5
XVI.
Tree Removal and Tree Pruning ........................ ...............................
SP -5
XVII.
Shop Drawings ............................................... ...............................
SP-5
XVIII.
Construction Details ........................................ ...............................
SP -6
A. Sound Walls ......................................... ...............................
SP -6
- Description ...................................... ...............................
SP-6
- Remove Walls and Fences ................ ...............................
SP -6
- Earthwork ....................................... ...............................
SP -6
- Piling .............................................. ...............................
SP -7
- Sound Wall (Masonry Block) .............. ...............................
SP -7
- Reinforcement ............................... ...............................
SP -10
- Waterproofing ............................... ...............................
SP-10
- Tempered Glass Sound Wall Panels & Glazing System ......
SP -10
- Chain Link Fence ........................... ...............................
SP -13
- Emergency Access Gate ................. ...............................
SP -13
- Measurement and Payment ............. ...............................
SP -13
0
CITY OF NEWPORT BEACH
NOTICE TO CONTRACTORS
CONTRACT NO. C -2825 (D)
Sealed proposals for the work shown on the plans entitled:
0
SOUNDWALLS FOR SEGMENT 1 CONSTRUCTION OF
MACARTHUR BOULEVARD WIDENING
PACIFIC COAST HIGHWAY TO 0.4 MILES N/O SAN JOAQUIN HILLS ROAD
will be received at the Office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768,
Newport Beach, California 92658-8915, until 2:00 pm on May 10, 1995, at which time
they will be publicly opened and read at said address.
General Work Description: The project includes construction of sound attenuation walls.
A mandatory pre -bid meeting is scheduled for this project on April 26, 1995, at 10:00 am
in the City Council Chambers. Non attendance at this meeting may be grounds for
considering the Contractor's bid as non - responsible.
The project, if awarded will be the lowest responsible bidder; and in compliance with all
requirements described herein.
This project is subject to State contract nondiscrimination and compliance requirements
pursuant to Government Code, Section 12990.
Plans, specifications and proposal forms for bidding this project can only be obtained at the
City of Newport Beach, Public Works Department, 3300 Newport Boulevard, P.O. Box
1768, Newport Beach, California 92658 -8915.
The successful bidder shall furnish a payment bond, a faithful performance bond,
certificate of insurance and endorsements, and an executed contract.
The City of Newport Beach will not permit a substitute format for these contract
documents. Bidders are advised to review the content with bonding, insuring and legal
agent prior to submission of bid.
BONDING COMPANIES shall be acceptable as sureties in accordance with the latest
revision of Federal Register Circular 570.
INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2)
assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or
larger) in accordance with the latest edition of Best's Key rating Guide: Property - Casualty.
Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE
OF INSURANCE.
Pursuant to Section 1773 of the Labor Code, a general prevailing rate of wages in the
County in which the work is to be done has been determined by the Director of the
Department of Industrial Relations. Future effective wage rates have been predetermined
and are on file with the Department of Industrial Relations.
[kin]
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
0
PAGE 1
SOUND WALLS FOR SEGMENT 1 OF
MACARTHUR BOULEVARD WIDENING PROJECT
PACIFIC COAST HIGHWAY TO 0.4 MILES N10 SAN JOAQUIN HILLS ROAD
CONTRACT NO. C- 2825(D)
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials and do all work required to complete this Contract No. C-
2825 (D) in accordance with the Plans and Special Provisions, and will take in full payment
therefore the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@ Fifteen Thousand Dollars
and
No Cents $15,000.00
Per Lump Sum
2. Lump Sum Construction Survey & Staking
@ Four Thousand Dollars
and
No Cents $4,000.00
Per Lump Sum
0
PAGE 1A
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3. 775 L.F. Install, Maintain and Remove 5'
Temporary Chain Link Fencing
@ Eight Dollars
and
No Cents $ 8.00 $ 6,200.00
Per Linear Foot
4. Lump Sum Remove Walls and Fences
@ Thirty -Two Thousand Dollars
and
No Cents $32,000.00
Per Lump Sum
5. 10,000 S.F. Construct Masonry Sound
Wall and Footings
@ Eighteen Dollars
and
Fifty Cents $18.50 $185.000.00
Per Square Foot
6. 830 L.F
@ Nii
No
Construct Tempered Glass
Sound Wall Panels and
Glazing System
-Five
Per Linear Foot
Dollars
and
Cents $ 95.00 $78,850.00
7. 20 L.F. Construct Chain Link Fence
@ Sixty Dollars
and
No Cents $ 60.00 $1,200.00
Per Linear Foot
PAGE 1B
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
8. Lump Sum Fabricate and Install Emergency Access
Gate
@ Four Thousand Dollars
and
No Cents $4,000.00
Per Lump Sum
Three Hundred Twenty -Six Thousand
Two Hundred Fifty Dollars
and
No
Cents $ 326,250.00
TOTAL BID PRICE (WORDS) TOTAL BID PRICE
(FIGURES)
6 -13 -95
Date
310 -635 -2924
Bidder's Telephone No.
549520 C -29 & C -13
Bidder's License No.,
Classification, and
Expiration Date
All Pro Mason
Bidder
Rhonda Moore, General Partner
Bidder's Authorized Signature & Title
1015 S. Atlantic Dr., Compton, CA 90221
Bidder's Address
• !
May 2, 1995
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO, 1
Sound Walls for Segment 1 Construction of
MacArthur Boulevard Widening
Pacific Coast Highway to 0.4 Miles N/O San Joaquin Hills Road
CONTRACT NO. 2825 (D)
Bidders shall propose to complete Contract No. 2825 (D) in accordance with the
Proposal as modified by this Addendum No. 1:
1. Replace Sheets SW -5 and SW -6 of Drawing No. M- 5319 -S with revised
Sheets SW -5 and SW -6.
The revised plans depict with arrows the requirement that surface drainage is to
flow away from the walls when construction work is complete. A steel dowel has
been added to the detail for "Typical Masonry Expansion Joint' as shown on
revised Sheet No. SW -6. Revisions are shown on the plans with a "cloud."
Please sign and date this addendum and attach it to your Bid Proposal. No bid
will be considered unless this ADDENDUM is attached.
/ V . C
ail P. Pickart
Project Management Consultant
Bidder's Name
Authorized Signature
-/ :?
Date
0
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
�• � � -- ��1�I11i4I�iL��
May 10, 1995
Sound Walls for Segment 1 Construction of
MacArthur Boulevard Widening
Pacific Coast Highway to 0.4 Miles N/O San Joaquin Hills Road
CONTRACT NO. 2825 (W
The bid opening for Contract No. 2825 (D) is rescheduled from 2:00 p.m. on the
10th day of May, 1995 to 2:00 p.m. on the 13th day of June 1995.
Pleas sign and date the ADDENDUM and attach it to your Bid Proposal. No bid
will be considered unless the ADDENDUM is attached.
Gail P. Pickart Bidder's Name
Project Management Consultant
"a'4AI,
. Hit
Authorized Signature
6 -(3 - g.s-
Date
r
1w ;..l 'd41.'
Y.e p t fY 5 'LS5x/%Ti%1,y
4 s o a
1A �atr t
CITY OF NEWPORT;BEA
PUBLIC
WORKS DEPARTN
a,
ADDENDUM'NO"
,
Sound ;Walls for Segment 1 `Con:
MacArthur: Boulevaed Wid6
Pacific Coast Highway to 0.4 Miles N/O :Sai
CONTRACT NO. 2825 (Dl
Bidders shall propose to. complete Contract No 2825 (D) in accordance with the.
Proposal as modified by,this Addendum No:,3
A. Add to Special Provisions Section XIII_Temporary Chain Link
Fence on Page SP-4:
"A wind screen fabric equal to the height of the temporary fence,,
shall be.,provided and attached to the chain link fabric °-
B. Special Provisions Section XVlll Construction Details for,:Sound T
Wall Piling and Sound all (Masonry Block) are revised asxfollows."
Page SP 7. �
J Y y 1-S c fi,P f}
k 4yre
Concrete for cast - drilled -hole piles and sound wall piles caps i . b?
560 -B -3250, 560 C 3250, or 565,0 3250 P Concrete mixes followe`dN
b'v a "P ". are desianed `to "accommodate blacement' liv'a concrete
�A The
;UIUUM.b iNC1111tv %
" ri -tip,
' ii
EProject management, "onsultant
f"N
r"' IZ -
1 17
ladc
7, U:
7e;
W.,
VO
0 0
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
• •
Page 2A
In accordance with the California Labor Code (Sections 1770 et
seq.) , the Director of Industrial Relations has ascertained the
general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type
of workman or mechanic needed to execute the contract. A copy of
said determination is available in the office of the City Clerk.
All parties to the contract shall be governed by all provisions of
the California Labor Code relating to prevailing wage rates
(Sections 1770 -7981 inclusive).
The Contractor shall be responsible for insuring compliance
with provisions of Section 1777.5 of the Labor Code Apprenticeship
requirements and Section 4100 et seq. of the Public Contracts Code,
"Subletting and Subcontracting Fair Practices Act."
All documents shall bear signatures and titles of persons
authorized to sign on behalf of the bidder. For corporations, the
signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures
shall be of a general partner. For sole ownership, the signature
shall be of the owner.
549520 C -29 & C -13
Contractor's License No. & Classification
All Pro Masonry
Bidder
6 -13 -95
Date
5/91
S /Rhonda Moore, General Partner
Authorized Signature /Title
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will
perform work in an amount in excess of one -half of one percent of
the Contractor's total bid. If a subcontractor is not listed, the
Contractor will be responsible for performing that portion of the
work. Substitution of subcontractors shall be made only in
accordance with State law and /or the Standard Specifications for
Public Works Construction, as applicable.
The Bidder, by signing this designation, certifies that bids
from the following subcontractors have been used in formulating the
bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with
State law. No changes may be made in these subcontractors except
with prior approval of the City of Newport Beach.
Subcontract Work Subcontractor Address
Surveying Thienes Engineering, 14150 Vine Place #100, Cerritos CA 90703
Construct Tempered Glass Coast To Coast Glass Corp., 22707 Marino St.,
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
All Pro Masonry
Bidder
5/91
Woodland Hills, CA 91367 -6729
S /Rhonda Moore, General Partner
Authorized Signature /Title
0
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
0
Page 4
That we, All Pro Masonry as
bidder, and American Motorists Insurance ComDanv as
Surety, are held and firmly bound unto the City of Newport Beach,
California, in the sum of Forty Thousand Dollars and IW1 00ths Dollars
($ 40,000.00 ),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 Sound Walls for Segment 1 Construction of MacArthur
Boulevard Widening; Pacific Coast Highway to 0.4 Miles N/O San
Joaquin Hills Road; C -2825 (D) 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
13th day of June , 1995
All Pro Masonry
Bidder
KD Wapato
Notary Public
Commission Expires:
5/91
July 24, 1998
S /Rhonda Moore, General Partner
Authorized Signature /Title
American Motorists Insurance Company
SURETY
By: David Z. Noddle, Attorney -In -fact
(Attach Acknowledgment
of Attorney -In -Fact)
0
State of California
County of Los Angeles
6
On JUN 13 1995 before me, KD Waaato, Notary Public,
NAME, TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose names) is /are
subscribed to the within instrument and
acknowledged 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
eeeeee,eeeeeeeeeeeeeeeeee , eeeeee, instrument the person(s), or the entity upon
KD WAPATO behalf of which the person(s) acted, executed the
COMM. #1032903 instrument.
2 LOS ANGELES COUNTY 2
a
:eeeeeeeeee Mi Comm. Expires WITNESS my hand and official seal.
( IGNAT RE 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
TITLE($)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
■ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
BOND(S)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED A13OVE
enm,
�
Rws
AMERICAN MOTORISTS INSURANCE COMPANY
Home Of`.ice: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
David Z. Noddle of Los Angeles, California *�
its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on
its behalf as surety, and as its act and dead:
Any and all bonds and undertakings provided the amount
of no one bond or undertak' exceeds TWO MILLION
FIVE HUNDRED THOUSAND DOLLALN ($2,500,000.00)x"
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or Ahe Secretary shall have the power and authority to appoint agents and
attorneys- in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at s meeting duly called and
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February Z3, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 .
Att�esled and Certified:
v
W. A. Grauzas,
by
(OVER)
AMERICAN MOTORISTS INSURANCE COMPANI I
J. S. Kemper, III, Exec. Vice Presider
0 0
STATE OF ILLINOIS 55
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known
to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: 1 -28 -98
4 "OFFICIAL SEAL" ►
4 Irene Klewer ►
4 Notary Public, Slate of Illinois ►
4 My Commisslon Esplres 1/26§8 ►
CERTIFICATION
Irene Klewer, Notary Public
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated January 01, 1994 on behalf of the person(s) as listed on the reverse side is a
true and correct copy and that the same has been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and N. A.
Grouzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on this day of JUN 13 1995 19
O
N.J.Zarado, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 6-92 1M PRINTED IN U.S.A.
Power of Attorney - Term
Page 5
NON - COLLUSION AFFIDAVIT
State of California )
County of Los Angeles ss.
Rhonda Moore being first duly sworn, deposes and
says that he or she is owner of All Pro Masonry
the party making the foregoing bid; that the bid is not made in the
interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to
put in a sham bid, or that anyone shall refrain from bidding; that
the bidder has not in any manner, directly or indirectly, sought 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.
All Pro Masonry S /Rhonda Moore, General Partner
Bidder Authorized Signature /Title
Subscribed and sworn to before me this 8th day of
1995.
[SEAL)
La Vannes C. Squires
Notary Public
My Commission Expires: November 29, 1996
5/91
i
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
1991 City
of Industry Waterworks
Robert Ruhl
818 - 961 -3566
1994 City of Norwalk Randy Hillman 310- 929 -2677
1994 County of Los Angeles Geward 310 - 940 -1581
1993 City of Costa Mesa Susan Temple 714 -754 -5029
2400' x 8' Masonry Wall $150,000.00
City of Industry
Masonry Wall and Wrought Iron $250,000.00
City of Norwalk
Masonry Wall and Landscape $170,000.00
County of Los Angeles
2200' x 8' Retaining and Landscape $450,000.00
All Pro Masonry S /Rhonda Moore, General Partner
Bidder Authorized Signature /Title
5/91
• •
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
Executed In (4) Parts
Bond No.: 3SM 883 799 00
• • Premium: Incl. In Perf.
Page 8
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Newport Beach, State
of California, by motion adopted August 14, 1995 has awarded
to All Pro Masonry hereinafter
designated as the "Principal ", a contract for Sound Walls for
Segment 1 Construction of MacArthur Boulevard Widening; Pacific
Coast Highway to 0.4 Miles N/O San Joaquin Hills Road; C -2825 (D)
in the City of Newport Beach, in strict conformity with the
Drawings and Specifications and other contract documents in the
office of the City Clerk of the City of Newport Beach, and all of
which are incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute
Contract No. 2825 (D) and the terms thereof require the furnishing
of a bond, providing 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, All Pro Masonry
as Principal, and . AMERICAN MOTORISTS INSURANCE COMPANY
as Surety, T}a,re held firmly bound unto the City of Newport Beach, in
the sum of 1tSoa�{un rerdeolinadSg/Tftsand Dollars ($ 326,250.00 ) ,
said sum being equal to 1000 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 25th day of
August , 19 95•
All Pro Masonry
Name of Contractor (Principal)
AMERICAN MOTORISTS INSURANCE COMPANY
Name of Surety
7470 N. Figueroa, L.A., CA 90041
Address of Surety
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/91
�q
9 0
CA U110 RN 170 E ACCN{W
State of _ California
County of Los Angeles
AUG 25 i995
On _ before me, KID Wapato Notary Public
NAME, TITLE OF OFFICER
personally appeared David Z Noddle
NAME OF SIGNER
■Personally known tome -OR - ❑ proved tome on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged 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), or the entity upon
behalf of which the person(s) acted, executed the
KD WAF.ATO instrument.
q C JMM #1032903
NOrAI�Y PNGELE S COU COUNTY 2 WITNESS m hand and official seal.
2 LOS ANGELES CGUNTY y
My Comm
•�Hrrrrreorrr crB July 24, 1998:
os««..•e •e a «as•
hb
(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
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
BOND(S)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
Ali 4:15 M
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED ABOVE
ATTORNEY -IN -FACT
❑
TRUSTEE(S)
❑
GUARDIAN /CONSERVATOR
❑
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
BOND(S)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
Ali 4:15 M
DATE OF DOCUMENT
SIGNER OTHER THAN NAMED ABOVE
0
AkERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
miflWla
maleaxm
QlNlfl[6
u
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
David Z. Noddle of Los Angeles, California
its true and lawful agent(s) and attorney(s) -in -fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on
its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the amount
of no one bond or undertak' exceeds TWO MILLION
FIVE HUNDRED THOUSAND DOLLAR ($2,500,000.00)^^x'
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the sane obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as sat forth herein.
This appointment my be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the sane had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
{rue and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shell have the power and authority to appoint agents and
attorneys-in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, reeognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company nay appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Cceimittee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company.-
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
W. A. Grauzas,
Q
by J. S Kemper, III, Exec. Vice President
(OVER)
i f
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known
to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation
and as their own free and voluntary act for the uses and Purposes therein set forth.
My Commission expires: 1 -28 -98
"OFFICIAL SEAL" ►
4 Irene Klewer ►
4 Notary Public, Slate of Illinois I-
4 Ny Commission Expires 128199 ►
vvvvvvvvvvvvw
CERTIFICATION
Irene Klewer, Notary Public
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated January 01, 1994 on behalf of the person(s) as listed on the reverse side is a
true and correct copy and that the same has been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and W. A.
Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
r
Motorists Insurance Company on this day of ^ " eII( � " " `�C�`� , 19
N.J.Zarada, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836 -5 6 -92 IN - PRINTED IN U.S.A.
Power of Attorney - Tern
Executed In (4) Parts
Bond No.: 3SM 883 799 00
y
DON . • Premium: $4,894.00
1r 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 Q1,gyct 14 19og has awarded
to All Prn Masnnry hereinafter
as
", a contract
in the City of Newport Beach, in strict conformity with the
Contract, Drawings and Specifications and other contract documents
in the office of the City Clerk of the City of Newport Beach, all
of which are incorporated herein by this reference;
WHEREAS, Principal has executed or is about to execute
Contract No. 2825 (D) and the terms thereof require the furnishing
of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, All Pro Masonry
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY
as Surety, are held firm, bomd ligto tqe City of Newport Beach, in
the sum of T,.,neH„ndred Fifr ;nand No /108chcn Dollars ($326.250.00 ) ,
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 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
the Principal and Surety above name(
August , 1995.
All Pro Masonry
Name of Contractor (Principal)
AMERICAN MOTORISTS INSURANCE COMPANY
Name of Surety
7470 N. Figueroa, L.A., CA 90041
Address of Surety
been duly executed by
(213) 257 -8291
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/91
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Company
SIGNER OTHER THAN NAMED ABOVE
GAUt=oR'au� nt_�, r >urz�zrs� ����±rz•,r�.�+c�r�r.
State of _ California
County of Los Angeles
On AUG 25 1995 before
me, KD Wapato Notary Public.
NAME, TITLE OF OFFICER
personally appeared David Z Noddle
NAME OF SIGNER
■Personally known to me - OR - ❑
proved tome on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged 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), or the entity upon
KD WAPATO
behalf of which the person(s) acted, executed the
.
( G011M. NI0329D3 GG
R
instrument.
z NOTARY PUBLIC � CALIFORNIA
'
My Caum. Exp )pry pq 1998
•ee........•� •eEsm. July 4, 1998
WITNESS my hand and official seal.
r (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
BOND(S)
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
NUMBER OF PAGES
0 ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
AI �(v.:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Company
SIGNER OTHER THAN NAMED ABOVE
0
• Page 10
..1 wyc-'
19 ATE- `OF'INSUR%aNCE
Sw
;CERTIFICATE ,
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PRODUCER
COMPANIES AFFORDING COVERAGE
ROBERT W. BURDTS INSURANCE BROKERS
34700 PACIFIC COAST HWY =204
COMPANY
LETTER A SAFECO INS,:RANCE COMPANY
CAPISTRANO BEACH, CA 92624
COMPANY B
LETTER
714 - 240 -8350
INSURED
All Pro Masonry
COMPANY C
1015 S. Atlantic Drive
Compton, CA 90221
LETTER
COYERAGESa�z "a'ri.._a're",^�Y....'::,..., -' :,..,. ,:,iixr. 1. rt ;'- ..i- r''c';''�s,`��?»i} -r. "x+,..�v..iT�i''%;.;.p
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THIS IS TO- CERnFY THAT POLICIES OF INSURANCE LISTED BEL6W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAINI, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE
CO
L7
TYPE OF INSURANCE
PoDCY NUMBER
EFFECTIVE
DATE
EXPIRATION
DATE
A LIMITS IN THOUSANDS
ll.
GENERAL LIABILITY
GENERAL AGGREGATE
S 1,000,000
(OCCUR ANCE BASIS ONLY)
SL2218233D
-27 -94
10 -1 -93
% COMMERCIAL
PPERATI SlS
S 1,000,000
COMPREHENSIVE
AGGREGATE
OPERATIONS AGGREGATE
®OWNERS d COMPACTORS
PROTECTIVE
1,000,000
CONTRACTUAL FOR SPECIFIC
PERSONAL INJURY
s
CONTRACT
EACH OCCURNCE
S 1,000,000
F PRODUCTS /COMPL OPER.
XCU HAZARDS
BROAD FORM PROP, DAMAGE
SEVERABILITY OF INTEREST
FIRE DAMAGE
S 50,000
CLAUSE
(ANY ONE FIRE)
PERSONAL INJURY WITH
EMPLOYEE EXCLUSION
MEDICAL EXPENSES
S 5,000
REMOVED
(ANY ONE PERSON)
MARINE
AUTOMOBILE LIABILITY
COMBINED
S
COMPREHENSIVE
SINGLE LIMIT
BODILY INJURY
1,000,000
DOWNED
BA2218233C
-27 -94
0 -1 -95
(PER PERSO:v)'M�;x,.'
HIRED
BODILYINJURY
(PER ACCIDENT)
S
F t
+"}i G.�'"r
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PROPERTY
OAMAGE
S
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EXCESS LIABILITY
UMBRELLA FORM
' r ar..
yrx
EACH
OCCURRENCE
AGGREGATE
OTHER THAN UMBRELLA FORM
j
t°
STATUTORY
WORKERS' COMPENSATION
SEACN
ACCIDENT
AND
S
DISEASE - POLICY LIMIT
EMPLOYERS' LIABILITY
S
DISEASE -EACH EMPLOYEE
LONGSHOREMEN'S AND HARBOR'S
WORKERS' COMPENSATION
STATUTORY
�'(,•_ .,,
Br11�a-
.e;:.y
DESCRIPTION OF OPERATIONS/ L. OCATLON SNEHICLES /RESTRICTIONSISPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT
BEACH BY OR ON BEHALF OF THE NAIAED INSURED W CONNECTION WITH THE FOLLOWING CONTRACT:
Sound Walls for Segment 1 Construction of MacArthur Boulevard Widening; Pacific
Coast Highway to 0.4 Miles N/0 San Joaquin Hills Road; Contract No. 2825 (D)
PROJECT TRI-E AND CONTRACT NUMBER
CERTIFICATE `HOLDER .?
&CANCELLATION
,. >.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON- RENEWED.
CITY OF NEWPORT BEACH
CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE
P.O. BOX 1768
COMP AFFORDING COVERAGES PROVIDE 78 DAYS MIN. ADVANCE
3300 NEWPORT BLVD.
NOTICE THE CITY OF NEWPORT SEA BY REGISTERED MAIL
I NEWPORT BEACH, CA 92659 -1768
ArrENrto "' $/7
\ �^
At GFPOFSEMAT ISSUE DATE
0
-CERTIFICATE
Page 10
PRODUCER
COMPANIES AFFORDING COVERAGE
WEEKS INSURANCE SERVTCFS
CO MPANY A Ij
17_q4', TRV IN F BLVD
LETTER CITATION
SUITE 100
--- -- -------
TUSTIN CA 92681
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im:s S To 6EFul. LJCES OF INSURANCE LISTED
F� L: 00
��AVE BEEN KSUFO To THE INSURED fa�EO ABOVE F6R � "�
NOIN-MIHSTANOUIG ANY REQUIREMENT• TERM OR OZNO,,ON OF ANY CONTRACT OR OTHER DOCUMENT l%IfTH FESP=Z7 To V.-HICH r,::,;
MAY BE ISSUED O4', wY PERTAJN. THEINSU,�:;:E
-FOROED BY THE POLICIES DESCRIBED HEREIN is sul.—_ Tl!= T=,-!!'
E\CLU$:'_Ns, AND COOOMNS OF SUCH MUCIFS AND 2 N_-
SOENOP0 OR ALTERED BY TI1..S CERTic=-,E.
cc: OF I
NSUPANCE POUCY NUSIB
=.ZFFCTNE Fxm' 1D.
-AN
cl1_' E DATE
LIAF;UT-f
CIIISIS oNn"
C11.:�RS & CONTRACTORS
FOR
CONTRACT
PRDD'JC-IS/COI,!,L OPER.
XCU HAZAJIDS
FAC 11i (>CCURANC�.
PF"� C'.111.11*10=
I LJ SEVERASILITY OF It,'TEREST
W,�
CLAUSE
(ANY ONE PIPE)
PERSONAL INJURY •RH
EMPLOYEE EXCLUSION
MEDICAL EXPENSES
PEMOVED
(ANY ONE PERSON)
AUTOMOBILE LIABILITY
I
I
COMBINED
1-
COMPFE4=NVIIE
SINGLE miff
4
BODILY INJURY
(PER PERSON)
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BODILY INJURY
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i
PROPERTY
XD
DAMAGE
cYCESSABIIJi! v
......
AGGREGATE
FORM
STATUTORY
1 0()o 000
A AND WCN 2314�
4-1-95 4-1-96
000:0 0
LIM.T
LIAB!ury
FS1, 000, 000
DISEASE - ETCH EMPLOYEE
LCNGSHORZMEN'S AND HARBORI
COMPENSATION
I STATUTORY
DESCWPT?ON OF OVERATIOtJS,'LOCAn<)NsAEHICLESfR'ST= --ZiONS/SPECLAL ITEMS: ALL OPERATIONS PERFORMED FOR THE C'.TY OF NEWPORT
w.CH B( OR ON BEHALF OF THE INKED INSURED L•4
V-1TH THE FOLLOWING CONTRACT'
sec I: a! 'I : T or Segment 1 Con,
n-.,, o I- %la c A r thur Bou 1 eva rc 'elide gin_; D ac!
Lcas' -!`ghway tc, 0.4 Miles
Joaquin. Hiils Road; Contract 2 _E ul
PROJECT iTic AND CONTRACT NUMBER
CER TIFIC ATE.'.HOLDER
''CANCELLATION'..:
•
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE N-N RENEWED.
O: SEACI i
CANCELLED OR COVERAGE REDUCED BEFORE TH,z EX ;ON DATE THE
P.C. BOX 1768
C—OMPANY AFFORiNG COVERAGE SHALL PQOVtCE _-� OA�S WN, ADVA:VC.'_-
3370 NEV4PORT BLVD.
tJORCE TO THE CITY OF NEWPORT BEACH BY
NEI.','PORT BEACH, CA. 62659-1768
ATTE r7,
-*JTH0RxZE0�EPRESENrATrVE ISSUE DAT�
0
Page 11
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.
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.
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.
The limits of liability under this endorsement for the
additional insured(s) named in Paragraph 1 of this endorsement
shall. be the limits indicated below written on an "Occurrence"
basis:
(X) Commercial Comprehensive
General Liability $ 1,000,000 each occurrence
$ i,000,000 aggregate
The applicable limit of Contractual Liability for the company
affording coverage shall be reduced by any amount paid as
damages under this endorsement in behalf of the additional
insured(s).
5/91
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Page 11A
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as
applicable to General Liability Insurance.
6. Should the policy be non- renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall
provide 30 days, advance notice to the City of Newport Beach
by registered mail, Attention: Public Works Department.
7. Des''- gnated Contract: Sound Walls for Seament 1
Construction of MacArthur Boulevard
Widening; Pacific Coast Highway to
0.4 Miles N/O San Joaquin Hills Road;
C 2825 (D) 2825 D
Project Title and Contract No.
This endorsement is effective AUG 25 95 at 12:01 a.m.
and forms a part of Policy No. cT 7glgg gnof _
(Company Affording coverage).
Insured: ALL PRO MASONRY Endorsement No
ISSUINC COMPANY
C21 C. i Gc- Gam
Autftc,rized Represen ative
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:
"The insurance afforded by the policy applies
separately to each insured who is seeking
coverage or against whom a claim is made or
suit is brought, except with respect to the
limits of liability of the company affording
coverage."
3. The limits of liability under this endorsement for the
additional insureds named in Paragraph 1. of this endorsement
shall be the limits indicated below for either Multiple Limits
or Single Limit:
5/91
Multiple limits
Bodily Injury Liability $
Bodily Injury Liability $
Property Damage Liability $
( ) Combined Single Limit
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 applicable to Automobile Liability Insurance.
d 606E ';'J 01 -N xu� -gad i5V we U.: R nh i,
0
0
Page 12A
4. Should the policy be non - renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall
provide 30 days' advance notice to the City of Newport Beach
by registered mail, Attention: Public Works Department.
5. Designated Contract:
Sound Walls for Segment 1
Construction of MacArthur Boulevard
Widening; Pacific Coast Highway to
0.4 Miles N/O San Joacruin Hills Road;
C -2625 (D)
2825D
Project Title and Contract No.
This endorsement is effective AUG 25 95 at 12:01 a.m.
and forms a part of Policy No. BA2218233C of SAFECO
(Company Affording Coverage).
Insured: ALL PRO MASONRY
ISSUING COMPANY
utK 'horized Representative
5/41
Endorsement No
�1
•
Page 13
WORKERS' COMPENSATION INSURANCE CERTIFICATION
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self- insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
9 � -9r All Pro Masonry
Date Name of Contractor (Principal)
C -2825 (D)
Contract Number Authorized Signature aro Titlee
Sound Walls for Segment 1 Construction
of MacArthur Boulevard Widening;
Pacific Coast Highway to 0.4 Miles
N/O San Joaquin Hills Road; C -2825 (D)
Title of Project
5/91
0 •
Page 14
CONTRACT
THIS AGREEMENT, entered into this ca/bay of
193�5 by and between the CITY OF NEWPORT BEACH, herein er "City,"
and All Pro Masonry , hereinafter
"Contractor," is made with reference to the following facts:
A. City has heretofore advertised for bids for the following
described public work:
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 work for the construction of the following described
public work:
2825 (D)
tle of Project Contract No.
which project is more fully described in the contract documents.
Contractor shall perform and complete this work in a good and
workmanlike manner, and in accordance with all of the contract
documents.
2. As full compensation for the performance and completion
of this work as prescribed above, City shall pay to
Contractor the sum of Three Hundred Twenty -Six Thousand Ir110
Fiftv Dollars and No Cents Dollars
compensa
(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
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Page 14A
All of the respective rights and obligations of City and
Contractor are set forth in the contract documents. The
contract documents are incorporated herein by reference
as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instructions to Bidders and documents referenced
therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsement(s)
(f) Plans and Special Provisions for
2825 (D)
Title of Project Contract No.
(g) This Contract
(h) Standard Specifications of Public Works
Construction (current Edition) and all supplements
Contractor shall assume the defense of, pay all expenses
of defense and hold harmless, City and its officers,
employees and representatives from all claims, loss or
damage, injury and liability of every kind, nature and
description by reason of or arising out of the negligent
or willful conduct of the Contractor, his /her employees,
agents and subcontractors in the performance of the
Project, except such loss or damage caused solely by the
active negligence of City or its officers, employees and
representatives.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed the day and year first written above.
ATTES :
CITY CLERK
5/91
CITY OF NEWPORT BEACH
A Municipal Corporation
By: yt -�
Mayor
All Pro Masonry
Name of Contractor
�.ai..� WE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT ��o�� EESSI04�
Prepared by:
cy w a
Robert Bein, William Frost & Associates 36198 m
14725 Alton Parkway �rP. [e•ao4 x'
Irvine, California 92718 sqT CIVIL
�OF CALIFC�
SPECIAL PROVISIONS
SOUND WALLS FOR SEGMENT 1 OF
MACARTHUR BOULEVARD WIDENING PROJECT
PACIFIC COAST HIGHWAY TO 0.4 MILES N/0 SAN JOAQUIN HILLS ROAD
CONTRACT NO. C- 2825(D)
SCOPE OF WORK
The work to be done under this contract consists of constructing sound attenuation
walls corresponding to Segment 1 of the MacArthur Boulevard widening project
which extends from Pacific Coast Highway to a location approximately 1,500 feet
northerly of San Joaquin Hills Road, and performing incidental items of work as
necessary to complete the project in place.
All work necessary for the completion of this contract shall be done in accordance
with (1) these Special Provisions, (2) the Plans, (3) the City's Desion Criteria,
Standard Special Provisions & Standard Drawinas for Public Works Construction
(1994 Edition), and (4) the Standard Specifications for Public Works Construction
(1994 Edition).
Copies of the Design Criteria, Standard Special Provisions & Standard Drawings
may be purchased from the City's Public Works Department. The price is $10.00
per copy. Copies of the Standard Specifications for Public Works Construction may
be purchased from Building News, 3055 Overland Avenue, Los Angeles, CA
90034; telephone number (310) 202 -7775.
II. CONTRACTOR'S LICENSES
At the time of bid opening and until completion of work, the Contractor shall
possess a valid General Engineering Contractor "A" license or a valid Specialty
Contractor license for Masonry, Class C -29.
At the start of work and until completion, the Contractor shall possess a valid
Business License issued by the City of Newport Beach.
III. TIMES OF COMPLETION
The Contractor shall complete all work under this contract within fifty (50) working
days after receipt of written Notice to Proceed issued by City.
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V
VI
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All work along a side or rear yard of a single - family residential lot shall be completed
within twenty -five (25) working days after beginning any work on that specific lot.
The addresses for which this time requirement applies are as follows:
2501 Harbor View Drive
1201, 1207, 1215, 1221, 1227, 1233, 1239, & 1245 Surfline Way
HOURS OF WORK
Hours of work shall be per Subsection 10.28.040 of the Municipal Code (7:00 am -
6:30 pm on weekdays, 8:00 am - 6:00 pm on Saturdays, and at no time on
Sundays and legal holidays).
LIQUIDATED DAMAGES
Liquidated damages shall be $250.00 per calendar day in accordance with Section
6 -9 of the Standard Specifications. This liquidated damages provision shall be
applicable to the 25 working days limitation for any individual single - family
residential lot as well as to the 50 working days limitation for the overall project.
RIGHTS -OF -ENTRY AND BUILDING PERMITS
The City of Newport Beach will be responsible for obtaining a written right -of -entry
from each of the owners of real property on which sound wall construction is to be
performed. The right -of -entry will clearly state that the sound wall construction will
be accomplished at no cost to the land owner, that the completed sound wall will
become part of the lot improvements and will be owned by the land owner after
satisfactory completion, and that no mechanic liens associated with the sound wall
construction are to be filed against the land.
A separate building permit will be issued for the sound wall construction on each
individual lot or parcel. There will be no cost to the property owner or the
Contractor for the permit issuance.
Copies of each signed right -of -entry and each building permit will be provided to the
Contractor for information and reference purposes prior to the commencement of
work on an individual property.
CONSTRUCTION SURVEYS AND MONUMENTATION
Field survey for control of construction shall be provided by the Contractor. Staking
shall be performed on all items ordinarily required for grade and alignment at
intervals normally required for construction of such improvements. Survey
information and data used to design the project will be made available to the
Contractor and his construction surveyor.
Construction surveying to be provided
supervision of a land surveyor or civil
license issued by the State of California.
6.106
shall be performed by or under the
engineer possessing a valid professional
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The Contractor shall make every effort to protect and leave undisturbed any
property corner markers or survey monuments; however, if a corner marker or
monument is inadvertently disturbed or must be removed to accomplish the work,
the Contractor shall reset the monument and prepare a "Corner Record" for filing
with the County Surveyor all at his sole expense in accordance with State
Assembly Bill 1414.
VIII. INSPECTION
The City will be responsible for hiring a licensed deputy inspector for the portions of
the work which are noted on the plans as requiring special inspection. The services
of the deputy inspector will be paid for by the City and will be coordinated with the
Contractor's construction schedule. Services of the deputy inspector related to
reinspection resulting from unacceptable work or rescheduling due to lack of notice
will be back - charged to the Contractor.
IX. SCHEDULE OF WORK
The Contractor shall prepare a construction schedule for the work as required in
Section 6 -1 of the Standard Specifications. The schedule shall give special
emphasis to completing the work on any individual single - family residential lot as
quickly as possible thereby keeping the disruption and inconvenience to the
residents to a minimum.
X. TRAFFIC CONTROL
Detours and lane closures affecting vehicular traffic shall not extend beyond the
working hours stipulated in Section IV of these Special Provisions. Any traffic
control measures which the Contractor may propose to implement during normal
working hours to facilitate performance of the work shall be in accordance with
provisions of the Work Area Traffic Control Handbook (WATCH), 1990 Edition.
Vehicular traffic lanes shall be restored to their normal configuration during all non-
working hours or periods.
XI. CONSTRUCTION WATER
If the Contractor elects to use City water for construction purposes, he shall
arrange for placement of a fire hydrant meter and make a $750 deposit with the
City. Upon return of the meter in good condition to the City, the deposit will be
refunded to the Contractor, less any unpaid quantity charges for water usage.
XII. PROTECTION OF LANDSCAPING, IRRIGATION SYSTEMS, PATIOS. ETC.
The Contractor shall verify the location of existing structures, walkways, fences,
planters, swimming pools, yard drains, trees, plant materials, irrigation systems,
etc. on both public and private property, and make every effort to protect them in
place. The Contractor shall furnish, install, and maintain a temporary five -foot high
chain link fence during construction of Sound Wall Nos. 1 and 2 in order to separate
and secure the work area from the yard areas that are not to be disturbed. When
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no longer needed to facilitate the work, the temporary fencing shall be removed and
disposed of satisfactorily.
The Contractor shall maintain a photographic record of preconstruction conditions.
If landscaping, irrigation systems, fences, etc. are disturbed or damaged or must be
removed to accomplish the work, the Contractor shall replace them in kind to a
condition equal to or better than the preconstruction condition. Payment for
replacing landscaping, irrigation systems, fences, etc. shall be included in the unit
prices paid for related items of work.
The Contractor shall note the following:
• All walkways, patios, and other concrete improvements shall be removed
and replaced to the nearest construction joint as necessary to facilitate
construction.
• The Contractor shall remove only those portions of said irrigation systems
necessary to facility construction. The Contractor shall be responsible for
replumbing all damaged irrigation systems to furnish a complete and operable
system upon completion of construction in adjacent areas. The Contractor
shall also be responsible for irrigating all areas subsequent to removal of any
existing system and until a complete and operable system is accepted by the
City.
• All turf areas damaged as a result of the Contractors work shall be replaced
in -kind with sod by the Contractor.
XIII. TEMPORARY CHAIN LINK FENCE
Temporary chain link fence (5') shall be furnished and constructed, maintained, and
later removed as directed by the Engineer and as specified in Sections 206 -6 and
304 -3, "Chain Link Fence," of the Standard Specifications and these Special
Provisions.
Good sound used fabric and posts may be used. Concrete footings will not be
required on line posts.
Contractor shall furnish and maintain temporary fence during construction of
soundwalls to secure the affected property adjacent to the work. Contractor shall
construct the temporary fence prior to removing any existing fence or wall.
Location of temporary fence shall be as directed by the Engineer.
When no longer needed in the work, the fence shall become the property of the
Contractor and shall be legally disposed of away from the project site.
XIV. PAYMENT
The unit or lump sum price bid for each item of work listed in the Proposal shall be
considered as full compensation for labor, equipment, tools, materials, and all other
things necessary to complete the work in place and no additional allowance will be
6Ya!
made therefor. Payment for incidental items of work not separately provided for in
the Proposal shall be included in the various unit or lump sum prices bid for the
listed items of work.
Partial payments for Mobilization shall be made in accordance with Section 10264
of the California Public Contract Code.
XV. SOLID WASTE DIVERSION
Unless specified elsewhere in this contract, all non - reinforced portland cement
concrete and asphaltic concrete generated from the job sites shall be disposed of at
a facility which crushes such materials for reuse. Excess soil and other recyclable
solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total wastes generated
and total solid wastes disposed of at sanitary landfills. The Contractor shall report
said tonnages monthly to the Engineer on a form provided by the Engineer.
XVI. TREE REMOVAL AND TREE PRUNING
The horizontal alignment of the sound walls to be constructed adjacent to the
Baywood Apartments (Sound Wall Nos. 3, 4, and 5) has been established taking
into consideration the location, size, shape, and condition of existing trees. Certain
trees are designated for complete removal in order to accommodate sound wall
construction. Other existing trees are to remain but will need to be pruned in order
to accommodate the sound walls.
The Contractor shall employ a certified arborist to determine the means, methods,
and limits for pruning existing trees. Pruning shall include foliage and roots, and
shall be done in accordance with recognized standards of good arboricultural
practices. The arborist's determinations shall be shown on a pruning plan
submitted to the Engineer at least five calendar days prior to start of pruning. The
plan identifying the extent of pruning will be reviewed in consultation with the
City's arborist and a representative of the Baywood Apartments landscape
maintenance contractor. The objective of this coordination process is to insure that
no more trees are removed than is necessary and that existing trees are pruned only
to the extent necessary to facilitate sound wall construction or as required to
maintain balance and shape.
XVIL SHOP DRAWINGS
Shop drawings in conformance with Section 2 -5.3 of the Standard Specifications
and these Special Provisions shall be required for sound wall glass panels and the
emergency access gate.
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XVIII. CONSTRUCTION DETAILS
A. SOUND WALLS
DESCRIPTION -- This work shall consist of constructing sound walls of masonry
block and tempered glass panels. Sound walls shall be supported on pile caps.
The Contractor shall submit 2 sets of elevation and plan layout drawings to the
Engineer, as provided in Section 2 -5.3, "Shop Drawings," of the Standard
Specifications. The drawings shall be to scale and shall show the proposed top
and bottom elevation lines. The top and bottom elevation lines shown on the
plans are minimum and they shall be fully contained in the proposed layout
drawings. The drawings shall include, within the limits shown on the plans, pile
spacing, footing steps, aesthetic features, locations of expansion joints and
access gate. The Contractor shall allow two weeks after complete drawings are
submitted for review.
Attention is directed to Section XV, "Tree Removal and Tree Pruning," of these
special provisions. Prior to commencement of work on sound walls 3, 4, and 5,
the Contractor shall employ a certified arborist to determine the means, methods
and limits of pruning of existing trees adjacent to these sound walls.
Full compensation for furnishing a certified arborist to assist the Contractor shall
be considered as included in the contract price paid for sound wall (masonry
block) and no additional compensation will be made therefor.
REMOVE WALLS AND FENCES -- Remove walls and fences shall conform to the
provisions in Section 7 -9, "Protection and Restoration of Existing Improvements"
of the Standard Soecifications and these special provisions.
Existing masonry wall including footing shall be removed at the locations shown
on the plans or described in the special provisions, or where directed by the
Engineer.
Existing wood fences, chain link fences, wrought iron fences and all removals as
necessary to construct new sound walls shall be completed as shown on the
plans or described in these special provisions, or where directed by the Engineer.
The contract lump sum price paid to remove walls and fences shall include full
compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in masonry wall and footing
removal and disposal, as shown on the plans, as specified in these special
provisions and as directed by the Engineer and no additional compensation will
be made therefor.
EARTHWORK -- Earthwork shall conform to the provisions in Section 300,
"Earthwork ", of the Standard Soecifications and these special provisions.
Pervious backfill material placed behind sound walls where indicated on the
plans shall conform to the provisions in Subsection 300 - 3.5.2, "Pervious
Backfill," of the Standard Soecifications.
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Filter fabric shall conform to the provisions for fabric for trenchdrains in Section
300 -8, "Geotextiles for Drainage," of the Standard Specifications.
Full compensation for excavation, backfill and pervious backfill material shall be
considered as included in the contract price paid for sound wall (masonry block)
and no additional compensation will be made therefor.
PILING -- Piling shall conform to the provisions in Section 205 - 3.3.2, "Piles Cast
in Drilled Holes," of the Standard Specifications, and these special provisions.
Concrete for cast -in- drilled -hole concrete piles shall conform to the provisions in
Section 201 -1, "Portland Cement Concrete," of the Standard Specifications and
shall be Class 560 -B -3250 or 560 -C -3250.
Full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all work involved in drilling piles, disposing of the
material resulting from drilling holes, furnishing and placing concrete and
reinforcement, complete in place, to the required bearing and penetration as
shown on the plans and as specified in the Standard Specifications and these
special provisions, and as directed by the Engineer, shall be considered as
included in the contract price paid for sound wall (masonry block) and no
additional compensation will be made therefor.
SOUND WALL (MASONRY BLOCK) -- Sound wall (masonry block), consisting of
a reinforced hollow unit masonry block stem, shall conform to the provisions in
Sections 300, "Earthwork," 201 -2, "Steel Reinforcement for Concrete," and
201 -1, "Portland Cement Concrete," of the Standard Specifications and these
special provisions.
Sound wall masonry unit stems shall be constructed with joints of portland
cement mortar. Wall stem construction shall be as shown on the plans.
Concrete for sound wall pile caps shall conform to the provisions in Section 201-
1, "Portland Cement Concrete," of the Standard Specifications and shall be 560 -
C -3250.
Concrete masonry units shall be hollow, load bearing, conforming to ASTM
Designation: C90, medium weight classification, Grade N -I. Standard or open
end units may be used.
Masonry units shall be slumped blocks and shall be laid in running bond. The
color of the blocks shall be light tan and uniform throughout the limits of the
project.
Expansion joint filler shall conform to ASTM Designation: D1751 or ASTM
Designation: D2000 2AA -805.
Portland cement mortar shall be colored to match the units. Coloring shall be
chemically inert, fade resistant mineral oxide or synthetic type.
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Portland cement shall conform to Section 201 -1.2, "Portland Cement," of the
Standard Specifications. Type II cement shall be used in all concrete. Fly ash
shall not be used as a replacement for portland cement.
Hydrated lime shall conform to ASTM Designation: C207, Type S.
Mortar sand shall be commercial quality.
Mortar for laying masonry units shall consist, by volume, of one part portland
cement, 1/4 to 1/2 parts of hydrated lime, and 2 1/4 to 3 parts of mortar sand.
Sufficient water shall be added to make a workable mortar. Each batch of
mortar shall be accurately measured and thoroughly mixed. Mortar shall be
freshly mixed as required. Mortar shall not be retempered more than one hour
after mixing.
Aggregate for grout used to fill masonry units shall conform to the provisions for
fine aggregate and coarse aggregate in Section 202 - 2.2.2, "Grout."
Construction of reinforced concrete masonry unit wall stems with portland
cement mortar joints shall conform to the following:
Concrete masonry unit construction shall be true and plumb in the lateral
direction and shall conform to the grade shown on the plans in the
longitudinal direction. Bond beam units or recesses for horizontal
reinforcement shall be provided.
Cells of hand laid masonry units to be filled with grout, shall be provided
with cleanout openings at the bottoms where the height of wall is in
excess of 4 feet. After cell inspection the cleanouts shall be sealed
before filling with grout.
Mortar joints shall be approximately 1/2 inch wide. Walls and cross
webs forming cells to be filed with grout shall be full bedded in mortar to
prevent leakage of grout. All head and bed joints shall be solidly filled
with mortar for a distance in from the face of the wall or unit not less
than the thickness of the longitudinal face shells. Head joints shall be
shoved tight.
Mortared joints around cells to be filled shall be placed so as to preserve the
unobstructed vertical continuity of the grout filling. Any overhanging mortar or
other obstruction or debris shall be removed from the inside of such cells.
Reinforcement shall be securely held in position at top and bottom with either
wire ties or spacing devices and at intervals not exceeding 200 bar diameters.
Wire shall be 16 -gage or heavier. Wooden, aluminum, or plastic spacing devices
shall not be used.
The minimum spacing for splices in vertical reinforcement for masonry walls
shall be 48 inches.
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Only those cells containing reinforcement shall be filled solidly with grout unless
indicated otherwise on the plans. All grout in the cells shall be consolidated at
the time of placement by puddling or vibrating and reconsolidated after excess
moisture has been absorbed but before plasticity is lost. Slicing with a trowel is
not acceptable.
Grout shall be placed in lifts not to exceed 8 feet.
If the total height of grout to be placed exceeds 8 feet the grout shall be placed
in 4 -foot lifts. The grout placement shall proceed in lifts until the full height of
the section is placed. A minimum waiting period between placing of lifts shall
be limited to the time required to obtain initial consolidation of grout, but shall be
not less than 30 minutes.
Construction joints shall be made in grout when the placing of grout in grout
filled cells is stopped for more than one hours. The construction joint shall be
1/2 inch below the top of the last course filled with grout.
Bond beams shall be continuous. The top of unfilled cells under horizontal bond
beams shall be covered with metal or plastic lath.
When fresh masonry joins masonry that is partially or totally set, the contact
surface shall be cleaned, roughened and lightly wetted.
Surface of the concrete on which the masonry walls are to be placed shall be
roughened and cleaned, exposing the stone aggregate, and shall be flushed with
water and allowed to dry to a surface dry condition immediately prior to laying
the masonry units.
Where masonry unit cutting is necessary, all cuts shall be made with a masonry
saw to neat and true lines. Masonry units with excessive cracking or chipping
of the finished exposed surfaces will not be acceptable.
Masonry shall be protected as provided for concrete structures in Section 303-
4.23, "Protection and Curing," of the Standard Specifications and these special
provisions.
During erection, all cells shall be kept dry in inclement weather by covering
partially completed walls. The covering shall be waterproof fabric, plastic or
paper sheeting, or other approved material. Wooden boards and planks are not
acceptable as covering materials. The covering shall extend down each side of
masonry walls approximately 2 feet.
Splashes, stains or spots on the exposed faces of the wall shall be removed.
Where waterproofing sound walls is designated on the plans, it shall conform to
these special provisions.
In addition to normal inspections, the Engineer will employ one or more special
inspectors who shall provide inspections during the following work associated
with sound walls: preparation of masonry wall prisms; sampling and placing of
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all masonry units; placement of reinforcement; inspection of grout space;
immediately prior to closing of cleanouts; and during all grouting operations.
Compliance with the requirements for the specific compressive strength of
masonry, fm, shall be confirmed by masonry prism testing. The compressive
strength of masonry determined in accordance with Uniform Building Code
(UBC) Standard No. 24 -26 for each set of prisms shall equal or exceed Frn.
Compressive strength of prisms is based on tests at 28 days. Compressive
strength at seven days or three days may be used provided a relationship
between 7 -day and 3 -day and 28 -day strength has been established for the
project prior to the start of construction. Verification of masonry prism testing
shall meet the following:
A. A set of five masonry prisms shall be built and tested in accordance with
U.B.C. Standard No. 24 -26 prior to the start of construction. Materials
used for the construction of the prisms shall be taken from those
specified to be used in the project. Prisms shall be constructed under the
observation of the Engineer or Special Inspector and tested by an
approved agency.
B. A set of three prisms shall be built and tested during construction in
accordance with U.B.C. Standard No. 24 -26 for each 5,000 square feet
of wall area, but not less than one set of three masonry prisms for the
project.
REINFORCEMENT -- Bar reinforcing steel shall conform to the provisions in
Section 201 -2, "Steel Reinforcement for Concrete," of the Standard
Specifications and these special provisions.
Reinforcing bars shall be deformed billet -steel bars for concrete reinforcement
conforming to the specifications of ASTM Designation : A615, grade 60.
Full compensation for reinforcement shall be considered as included in the
contract price paid for sound wall (masonry block) and no additional
compensation will be made therefor.
WATERPROOFING -- When membrane waterproofing is shown on the plans, it
shall be B -G -50, as manufactured by Sealant Products, Inc., or Select Poly -Kote
LM Elastomeric Liquid Membrane as manufactured by Select Products Company,
or equal.
Waterproofing shall be applied to the earth side face of all sound walls from top
of concrete pile cap to 3 inches below finished grade.
Full compensation for waterproofing shall be considered as included in the
contract price paid for sound wall (masonry block) and no additional
compensation will be made therefor.
TEMPERED GLASS SOUND WALL PANELS AND GLAZING SYSTEM --
Tempered glass sound wall panels and glazing system shall conform to the
details shown on the plans and these special provisions. All tempered glass,
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metal components, and joint sealants shall be designed to accommodate the full
temperature range of 30 °F to 120 °F.
The manufacturer providing the materials of this section shall have been
regularly engaged in the production of such materials for at least five years. The
installer shall have been regularly engaged in the installation of such materials for
at least two years. Upon request, both the manufacturer and installer shall
provide evidence satisfactory to the Engineer substantiating such experience
requirements.
Materials shall meet the following specifications:
1. Tempered glass panels shall comply with the following requirements:
a. Thickness shall be determined by designing for 19.0 psf wind
pressure.
b. Glass to have a minimum STC value of 37.
C. Color to be clear.
d. Manufacturer's 5 -year written warranty on breakage and
coating failure.
e. Top of sheet shall be polished to have a bullnose edge.
2. Glazing Gadgets
a. Sponge Gasket or Adhesive Tape (35 durometer), compatible
with Silicone and tempered glass.
b. Dense Gasket, EPDM or silicone rubber wedge type,
compatible with Silicone and tempered glass.
C. Cap Bead Sealant
1. Acceptable sealants for the glazing perimeter are GE Silpruf
and Dow Corning 795.
d. Setting Blocks shall be EPDM rubber and minimum length 4
inches. Locate at the quarter points. Side blocks for migration
of sheet are not required.
3. Aluminum Alloy for aluminum extrusions shall be 6063 -T6.
Provide a minimum nominal wall thickness of 1/8 inch for
structural members. Standard commercial tolerances, as listed
in "Aluminum Standards and Data," shall apply to finished,
fabricated and assembled materials.
4. Steel shall be ASTM A36. Hot dip - galvanized after fabrication.
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5. Fasteners
a. All screws, bolts, nut washers, etc. shall be 300 series (18 -8)
non - magnetic stainless steel.
b. Concrete fasteners shall be expansion head type anchors such
as Hilti. Placement of anchor shall be as per manufacturers
recommendation so as to develop full strength of fasteners.
6. Shims, Blocking and Spacers
Metals used for shims shall be stainless steel incorporating separators
for dissimilar materials.
7. Aluminum Finish
a. General
1. After fabrication prepare the surfaces for finishing in
accordance with recommendations of the aluminum
producer and the finisher or processor.
2. Finish all components to comply with approved
samples.
b. Painted Aluminum Surfaces
1. Provide the following for all exposed aluminum work of
this section.
a. Colored organic finish: Provide a minimum of
two (2) coats of baked on Epoxy Primer and a
fluorocarbon polymeric coating (kynar 500) over
properly cleaned and pre- treated surfaces. Final
color shall be as selected by the Engineer.
C. The painted finish is included in the general warranty.
Contractor shall submit shop drawings to the Engineer prior to fabrication. Shop
drawings shall indicate the joining techniques, provision for horizontal expansion
and contraction, material thickness, fasteners and framing member profiles.
Panel system shall be erected plumb and square in proper alignment in strict
accordance with the approved shop drawings. All exposed work shall be
carefully matched to produce continuity of line and designs. Panel system
installation shall be coordinated with the masonry wall erection.
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The contract price paid per linear foot for tempered glass sound wall panels and
glazing system shall include full compensation for furnishing all labor, materials,
tools, equipment, and incidentals, and for doing all the work involved in
constructing tempered glass sound wall panels and glazing system, as shown on
the plans, as specified in these special provisions and as directed by the
Engineer and no additional compensation will be made therefor.
CHAIN LINK FENCE -- Chain link fence shall conform to the provisions in
Section 206 -6, "Chain Link Fence," of the Standard Soecifications and these
special provisions.
Chain link fence fabric shall be 9 -gage, Type IV, Class B, bonded polyvinyl
chloride (PVC) coated fabric conforming the requirements in AASHTO
Designation: M181.
The chain link fence shall be woven into approximately a 1 -inch mesh. The
color shall be dark forest green.
The contract price paid per linear foot of chain link fence shall include full
compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in constructing chain link fence,
complete in place as shown on the plans, as specified in the Standard
Specifications and these special provisions and as directed by the Engineer and
no additional compensation will be made therefor.
EMERGENCY ACCESS GATE -- Emergency access gate shall conform to the
details shown on the plans and these special provisions.
The gate shall be made of such a material that provides an equal or better
acoustical rating as that for masonry, with the lightest weight. Contractor shall
submit shop drawing to the Engineer prior to fabrication.
The contract lump sum price paid for emergency access gate shall include full
compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in constructing the emergency
access gate, complete in place, as shown on the plans, as specified in these
special provisions and as directed by the Engineer and no additional
compensation will be made therefor.
MEASUREMENT AND PAYMENT -- Sound wall (masonry block) will be
measured by the square foot of wall projected on a vertical plane between the
elevation lines shown on the plans and length of wall.
The contract price paid per square foot of sound wall (masonry block) shall
include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in constructing the sound wall
complete in place, including pile caps, piles, anchorages, excavation, backfill,
pervious backfill material, filter fabric, reinforcement, waterproofing, and
masonry prism testing, as shown on the plans, as specified in the Standard
Specifications and these special provisions, and as directed by the Engineer and
no additional compensation will be made therefor.
SP -13
•
•
THe Cir August 14, 1995
R.F Ni-
CITY COUNCIL AGENDA
All; !`'' ITEM NO. 14
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: SOUND WALL CONSTRUCTION FOR SEGMENT 1 OF MACARTHUR
BOULEVARD WIDENING PROJECT (C- 2825 -D)
RECOMMENDATION:
Accept the bids received and award Contract No. 2825(D) to the low
bidder, All Pro Masonry, for the contract price of $326,250.00, plus a 10%
contingency amount of $32,625.00.
DISCUSSION:
At 2:00 p.m. on June 13, 1995, the City Clerk publicly opened and read
the following bids for the subject project:
Bidder Total Bid Price
Low All Pro Masonry $326,250.00
2 L. Johnson Construction, Inc. 400,000.00 "
3 Gillespie Construction, Inc. 435,588.75
Corrected bid price is $399,995.10
The low bid is 68% more than the Engineer's estimate of $200,000.
Because the bids had such a broad range and were all substantially higher than the
Engineer's estimate, an effort was made to determine the reasons for the greater cost
by thoroughly reviewing the project's background as well as the detailed design.
The sound attenuation walls to be constructed for the MacArthur
Boulevard widening are mitigation measures identified in the project's Environmental
• Impact Report (see attached exhibit for locations). Note that the sound walls for
Segment 1 construction involve three separate locations. The sound wall at the
locations along Sea Lane southerly of Harbor View Drive and along the rear of the lots
fronting on Surfline Way are to be a minimum of six feet high. The lower portion will be
"slumpstone" masonry units (concrete blocks) and the upper four feet will be glass
supported on three sides within an aluminum framework. Glass is being used in order
to preserve the scenic ocean views from the residential lots on which the sound walls
ci iR IFCT- Snl INn WA*r.nNSTRLJCTION FOR SEGMENT 1 0 MACARTHUR BOULEVARD
WIDENING PROJECT (C- 2825 -D)
August 14, 1995
Page 2
are being constructed. The. sound wall AQ=uf ywood Apartments will be a •
minimum of eight feet high and will be constructed entir y of slumpstone masonry units
because views do not need to be preserve M, II will be constructed along the
top of a landscaped berm with offsets desgned to minimize tree removals and trimming.
A review of the project's background did not reveal any reasons or ways to reduce
costs.
A review of the project's detailed design led to the conclusion that the
higher than expected cost is primarily attributable to: (1) difficulty of getting access to
the work area and the constraints of the work area, and (2) the wall foundation design
which includes reinforced concrete caissons or pilings. The transparent glass sound
walls are being constructed at the top of slopes along either the side yard or rear yard
of the residential lots. For the lots fronting on Surfline Way, access to the rear yard
work area is anticipated to be from Surfline through sideyards where the distance
between houses will allow the passage of materials and construction equipment. This
narrow width will restrict the size of equipment that can be used on the job. An
alternate means of access by regrading the common slope area facing MacArthur
Boulevard was discussed with the Harbor View Broadmoor Community Association •
and with the low bidder. Although the alternate slope access may be feasible, it does
not appear to offer any significant reduction in construction costs. Similarly, discussions
with the design structural engineers and the low bidder regarding alternative wall
foundation designs did not yield any possibilities for substantial construction cost
reductions.
By way of a general comparison, the sound walls along the southerly side
of Pacific Coast Highway in West Newport (Newport Boulevard overcrossing to the
Santa Ana River) cost approximately $225.00 per linear foot. The Engineer's estimate
for MacArthur Boulevard sound walls is equivalent to approximately $143.00 per linear
foot and the low bidder's price is equivalent to approximately $233.00 per linear foot.
The West Newport sound walls consisted of six foot high transparent walls and solid
masonry walls ranging in height from six to twelve feet. Staff believed that the
MacArthur sound walls could be constructed for a lesser unit cost because the overall
wall height was less and the wall transparency was being accomplished with the use of
glass rather than plastic (Lexan). The anticipated cost saving appears, however, to be
off -set by the increased costs associated with the access difficulties and constraints of •
the work area.
All Pro Masonry has not previously performed work for the City of Newport
Beach. Their references, including the City of Costa Mesa, were consulted and all gave
positive recommendations. The Staffs recommendation, therefore, is for award of the
construction contract to the low bidder, All Pro Masonry, for the total price bid of
$326,250.00. A recommendation to award the construction contract has been delayed
until signed sound wall agreements were obtained from the eleven property owners on
•
•
•
SUBJECT: SOUND WALL CONSTRUCTION FOR SEGMENT 1 OF MACARTHUR BOULEVARD
WIDENING PROJECT (C- 2825 -D)
August 14, 1995
Page 3
whose land the sound walls are to be constructed. Funds for sound wall construction
have been provided in the 1995 -96 Capital Improvement Program within the MacArthur
Boulevard Widening Project. The costs will be split evenly and charged as follows:
Account No. Amount
7181- C5100066 $179,437.50 (Gas Tax)
7261- C5100066 $179,437.50 (Circulation &
Transportation)
The sound wall construction costs are eligible for Measure M funding, and
appropriate distribution of costs among the accounts for the MacArthur Boulevard
Widening will be done after the Segment 1 street construction contract is awarded and
OCTA has transferred Measure M funds to the City.
Respectfully submitted,
BLIC WORKS DEPARTMENT
Don Webb, Director
Gail Pickart
Project Management Consultant
GP:so
Attachment
I
�Pinr
SCALE 1" =1000'
ON
ISLAND
I SEGMENT 1
CONSTRUCTION
SEGMENT 2
CONSTRUCTION
1
w�
�O
M
RivE
0
0
MACARTHUR BOULEVARD
WIDENING PROJECT _
CTITT%Tn WATT.
•
019)
April 10, 1995
CITY COUNCIL AGENDA
ITEM NO. 8
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: SOUND WALL CONSTRUCTION FOR SEGMENT 1 OF THE
MACARTHUR BOULEVARD WIDENING FROM PACIFIC COAST
HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS
ROAD (C- 2825 -D)
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize the staff to advertise for bids.
DISCUSSION:
is The MacArthur Boulevard Widening Project extends from Pacific Coast
Highway to Ford Road and is proposed to be constructed in two segments. Segment 1
extends from Pacific Coast Highway to approximately 1000 feet northerly of San
Joaquin Hills Road. Construction funding for Segment 1 is included in the current fiscal
year budget.
The project improvements consist primarily of pavement widening,
pavement reconstruction associated with changes in horizontal and vertical alignment,
storm drainage, and landscaping. Staff anticipates that the Segment 1 portion of the
project will be ready for bidding in June 1995. Some related items of work can be
started in advance of the main portion of the construction project. For example, at the
City Council meeting on March 27, 1995, a Cooperative Agreement with Southern
California Edison Company was approved. That Agreement provides for Edison to
relocate overhead power lines along the westerly side of MacArthur northerly of San
Joaquin Hills as necessary to accommodate the street widening improvements.
Another aspect of the project is the construction of sound attenuation walls which are
noise mitigation measures required by the project Environmental Impact Report certified
•on April 13, 1992. The sound wall locations corresponding to Segment 1 construction
are shown on the attached exhibit.
Staff is recommending a separate construction contract for the sound
walls in order to simplify and expedite processing of the project plans and specifications
for Caltrans approval. The work is outside Caltrans right -of -way thus no encroachment
permit is required. In addition, the work will be performed by subcontractors whose
specialties are different than those anticipated for the remainder of the Segment 1 work.
0 0
SUBJECT: SOUND WALL CONSTRUCTION FOR SEGMENT 1 OF THE
MACARTHUR BOULEVARD WIDENING FROM PACIFIC COAST
HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN HILLS
ROAD (C- 2825 -D)
April 10, 1995
Page 2
The sound walls along the easterly side of MacArthur between Pacific
Coast Highway and San Miguel are to be located on the residential lot pads at the top
of the slope along rear or side yards. The walls will be a minimum of six feet high with
the lower two feet constructed of "slumpstone" concrete blocks and the upper four feet
constructed of glass panels supported by an extruded aluminum frame. This sound
wall design preserves the panoramic views available from the residential homes along
Surfline and Harbor View Drives.
The sound wall along the easterly side of MacArthur northerly of San
Joaquin Hills Road is adjacent to the Baywood Apartments complex. The wall will be a
minimum of eight feet high and will be constructed of solid "slumpstone" concrete
blocks since there are no views to preserve. The wall will be constructed along the top
of the landscaped earth berm situated between MacArthur Boulevard and Baywood
Drive. The precise wall alignment was designed in coordination with the property
owner, Irvine Apartment Communities, and will allow retention of most of the existing
mature trees.
The sound walls will be constructed under a written "Right -of- Entry"
document obtained from each property owner. Upon satisfactory completion of
construction, the walls will belong to the private property owners and the City will have
no continuing obligation for maintenance of the sound walls. These arrangements have
been discussed during a series of meetings with Community Association
representatives and the individual homeowners.
The estimated cost of the Segment 1 sound walls is $200,000. Funds are
available in the current budget's Circulation and Transportation Account No.
7261 P301066A. The sound wall construction is eligible for cost sharing from Measure
M funds. OCTA has indicated their concurrence with the administration of a separate
contract for sound wall construction. The Measure M share of the sound wall costs, up
to a maximum of 50 %, will be established as part of the final accounting for Segment 1
construction.
Don Webb
Public Works Director
GP:so
Attachment
•
•
SCALE V =1000'
'ASHION
ISLAND
SEGMENT 1
CONSTRUCTION
SEGMENT 2
CONSTRUCTION
PJAI
WIN
a
7
L
Authorized to Publish Advertisements of all kinds including public notices by
Deciec of the Superior Court of orange County, California. Number A -6214,
September 29, 1961, and A -24831 June 11, 1963.
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 PUBLIC NOTICE
the age of eighteen years, and not a party to NOTICE
INVITING BIDS
or interested in the below entitled matter. I Seated bids may be re-
ceived at the office of the;
am a principal clerk of the NEWPORT City Clerk, 3300 Newport
BouleClerk P.O. Box 1768,
BEACH -COSTA MESA DAILY PILOT, a 11768 until Beach, 0 p.m on he
at
newspaper of general circulation, printed and wth day of May, 1995, time e such bids shall
be opened and read for
published in the City. of Costa Mesa, County SOUND WALLS FOR
MENT 1 CONSTRUCTION
of- Orange State of California and that OF MACARTHUR BOULE-
VARD WIDENING PACIFIC,
attached Notice is a true and complete copy COAST HIGHWAY TO 0.4 MILES NIO SAN JOAQUIN
HILLS ROAD -
as was printed and published on the Contract loo. C.2826(D)
following dates: Engineer a Estimate
5200.660
Approved by the City
Council this 10th day - of
April, 1995. ,
Wanda E. Ragglo,
City Clerk
April 19, 25, 1995 Perspective bidders may
obtain one set of bid docu-
ments at no cost at the of-
fice of the Public Works
Department, 3300 Newport
Boulevard, P.O. Box 1766,
Newport Beach, CA 92659-
1766.
For further information,
call Gail Picked at 644-
3336.
Published Newport
Beach -Costa Mesa Daily
Pilot April 19, 25, 1995.
W9721
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on April 25 1 199 s
at Costa Mesa, California.
K
Signature
/0'