HomeMy WebLinkAboutC-2825(K) - MacArthur Boulevard Widening Segment 2 Sound Wall Construction - RevisedCOOPERATIVE AGREEMENT
THIS COOPERATIVE AGREEMENT ( "Agreement ") is made as of March 14,
2000, by and between BIG CANYON COUNTRY CLUB (BCCC), a private, non - profit
mutual benefit corporation, BIG CANYON COMMUNITY ASSOCIATION (BCCA), a
private, non - profit mutual benefit corporation and THE CITY OF NEWPORT BEACH, a
municipal corporation ( "CITY ").
RECITALS
4 A. City of Newport Beach has completed a construction contract to widen and
reconstruct the segment of MacArthur Boulevard extending between San Joaquin Hills
Road and Ford Road ( "Project "). A portion of the Project is located adjacent to the
easterly boundary of real property owned by BCCC, which has been improved as a golf
course ( "Site "). The project removed landscaping and modified a berm in two areas
visible from Big Canyon residents and the golf course.
B. Noise tests taken before, during and after the construction of the project
show a minor increase in noise levels at some locations. Measured noise levels are
below the level at which the CITY is required to construct noise attenuation facilities.
C. BCCC and BCCA desire to construct walls across the two areas where
MacArthur Boulevard is visible from the golf course and Big Canyon residences to
address the visual and noise impacts claimed to have resulted from the project. BCCC
and BCCA have asked the CITY and THE IRVINE COMPANY (TIC) to participate in the
funding of the design and construction of the walls.
D. The CITY in the past has agreed to fund walls adjacent to road construction
projects, beyond the normal CITY responsibility, when the benefited property owners
have agreed to fund a substantial portion of the cost. BCCC and BCCA have requested
that the CITY contribute 25% of the cost up to $65,000.
E. The CITY, BCCC and BCCA desire to work together to provide for the joint
needs of the parties and resolve any differences regarding the Project.
NOW, THEREFORE, taking the foregoing Recitals into account and for other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. The CITY will contribute 25% of the cost of designing and constructing the walls,
provided CITY's contribution shall not exceed the sum of $65,000. In addition to
this contribution, the CITY agrees to waive the normal building permit, plan check
and inspection fees.
2. CITY shall have the right to prior approval of the design of the wall. The CITY's
contribution for construction of the wall shall be based on bids received on the
approved design. BCCC & BCCA (or their designated agent) agree to obtain at
least three (3) bids for wall construction.
3. The wall shall be designed to be aesthetically pleasing from the roadway side and
shall allow for landscaping and /or vines on the roadway side of the wall.
4. The BCCC and BCCA agree that the CITY shall have no further obligation to
construct or participate in the construction of noise attenuation facilities along
MacArthur Boulevard between San Joaquin Hills Road and Ford Road.
5. The BCCC and BCCA shall be solely responsible for the design, construction and
maintenance of the walls and that the walls shall be constructed on BCCC and
BCCA property, outside the MacArthur Boulevard right -of -way.
6. Indemnification.
(1) BCCC and BCCA shall indemnify, defend and hold harmless CITY from all
claims, injuries, damages, losses, cost or expense, including costs of defense,
arising out of, or in any way related to, the design and construction or
maintenance performed by BCCC and BCCA or any of its agents pursuant to
this Agreement.
(2) CITY shall be named as an additional insured on all contracts for construction
of the wall.
7. Specific Performance. The Parties acknowledge that monetary damages would
be extremely difficult or impossible to ascertain in the event of a breach of the
provisions of this Agreement and that other remedies at law are inadequate given
the unique commitments of this Agreement. Accordingly, the Parties agree that
specific performance is the only appropriate remedy for any breach of this
Agreement and neither Party shall be entitled to monetary damages, attorney fees
or costs by reason of any default under this Agreement.
8. Captions. The paragraph headings or captions used herein are for convenience
only and are not a part of this Agreement and do not limit, define or amplify the
scope or intent of the provisions of this Agreement.
9. Governing Law. This Agreement shall be governed by and construed in
accordance with the internal laws of the State of California without reference to any
conflicts or choice of law principles.
10. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be deemed an original but all of which shall constitute one and the
same document. Any signature page of this Agreement may be detached from
any counterpart of this Agreement and re- attached to any other counterpart of this
Agreement identical in form hereto but having attached to it one or more additional
signature pages.
11. Entire Agreement. This Agreement contains the entire agreement between the
parties relating to the subject matter thereof. Any oral or other written
2
0
representations or statements concerning the subject matter thereof shall be of no
force or effect.
12. Successors. This Agreement shall inure to and bind BCCC and BCCA and its
successors and assigns. Newport Beach shall have no right to transfer or assign
its rights or obligations under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By: L�:�
Robin L. Clauson
Assistant City Attorney
City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
M
City of Newport Beach
Big Canyon Country Club
A Private Corporation
By: G,
President
Big Canyon Community Association
A Private Corporation
By:
P
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March 14, 2000
CITY COUNCIL AGENDA—..,
ITEM NO. ii _•,�
TO: Mayor and Members of the City Council
MW a4
FROM: Public Works Department
SUBJECT: MACARTHUR BOULEVARD/BIG CANYON SOUND WALZ W {
RECOMMENDATIONS:
Oq•u��D
Authorize the Mayor and City Clerk to execute a revised Cooperative Agreement
with the Big Canyon Community Associations and the Big Canyon Country Club
that provides for cost sharing to construct two sections of wall along a portion of
the westerly side of MacArthur Boulevard.
2. Authorize the City Manager to negotiate and execute a Joint Use Agreement with
the Southern California Edison Company (SCE) across two sections of sidewalk
area adjacent to the locations where the walls will be constructed along the
4Dwesterly side of MacArthur Boulevard.
3. Approve a Budget Amendment appropriating $33,500 from the unappropriated
surplus in the CIOSA Loan Fund to the MacArthur Boulevard Widening Account
No. 7432- C5100066.
DISCUSSION:
On May 26, 1998, the City Council authorized a Cooperative Agreement with the Big
Canyon Community Associations and the Big Canyon Country Club that provided for the
City to participate in the construction of a wall along two portions of the westerly side of
MacArthur Boulevard. The City agreed to contribute 25 percent of the cost of the wall up
to a maximum cost of $50,000. The Irvine Company also agreed to contribute 25
percent. The remainder was to come from the Associations and Country Club. See the
attached May 26, 1998, City Council memo.
The authorized agreement was not executed by the various parties because the cost of
the proposed walls was greater than originally estimated. Also the Big Canyon Country
Club and The Irvine Company decided to exchange several slivers of property along
MacArthur Boulevard in connection with the wall construction project. These negotiations
took some time to complete.
• The Big Canyon Community Associations, the Big Canyon Country Club, and the Irvine
Company have worked out the details related to the property transfer and prepared new
estimates for the wall construction. The original wall construction estimate was $200,000.
It is now $275,000. Each of the three parties above has agreed to contribute $70,000 for
0 •
SUBJECT: MacArthur Boulevard /Big Canyon Sound Wall Agreement
March 14, 2000
Page 2
the wall construction and requested the City to increase its maximum authorized
contribution from $50,000 to $65,000; and to waive normal plan check and inspection
fees.
The attached revised Cooperative Agreement (recommended for approval) increases the
City's maximum contribution from $50,000 to $65,000 and provides for waiving normal
plan check and inspection fees. Several other minor changes are indicated with
underlined bold for additions and stfikethi:eugh for deletions.
The Irvine Company has agreed to administer the wall construction project as an agent
for all parties concerned. If the revised agreement is approved, the City will make the
payment to The Irvine Company after the contract bids have been reviewed and
approved by all parties. It is anticipated the work can be completed in six to nine months.
The City funds for the walls will come from the CIOSA Loan Account for the MacArthur
Boulevard Widening (Account No. 7432- C5100066 $31,500) and a budget amendment
appropriating funds from the CIOSA Loan Reserve Account ($33,500).
The location of the two sections of wall are in an easement area controlled by Southern
California Edison (SCE). The Irvine Company, the City, and SCE have reached an
agreement to allow for the walls to be constructed in the SCE easement area. The
proposed wall location narrows the SCE access used to reach their facilities and also the
space available for future undergrounding of their overhead lines. City staff agreed to
enter into a Joint Use Agreement allowing SCE to have most of the same rights in a small
portion of the MacArthur Boulevard right -of -way they now have in their easement area.
This will allow SCE facilities to be constructed in the sidewalk area (if necessary) in the
future when the walls have been completed. The final Joint Use Agreement has not been
finalized. It is recommended that the City Manager be given the authority to execute the
agreement when it is completed. This will help to expedite the process of getting the
project underway.
Respectfully submitt d
/0
PUBLIC WORKS DEPARTMENT
Don Webb, Director
Attachment: May 26, 1998 City Council Memo
Revised Agreement
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TO: Mayor and Members of the City Council
FROM: Public Works Department
May 26, 1998
CITY COUNCIL AGENDA
ITEM NO. s
SUBJECT: MACARTHUR BOULEVARD WIDENING —WALL AGREEMENT
RECOMMENDATION:
Authorize an Agreement with the Big Canyon Country Club and the Big Canyon
Community Association that provides for cost sharing to construct a wall along a portion
of the westerly side of MacArthur Boulevard.
DISCUSSION:
The Big Canyon Country Club and the Big Canyon Community Association have
requested that the City participate in the construction of a wall along two portions of the
westerly side of MacArthur Boulevard (see attached map). They have asked the City to
contribute 25% of the cost of the wall up to a maximum cost of $50,000. The Irvine
Company will also contribute 25 %. The remainder will come from the Association and
Country Club.
The wall will be constructed across two low areas where Big Canyon homes and the golf
course are visible from MacArthur Boulevard. These areas have been modified by the
widening project by removing landscaping and grading a berm. Noise tests taken before
and during construction have indicated a small increase in noise levels. The noise level is
not high enough to require that the City construct a noise wall as a part of the road
widening project.
In the past when affected parties have agreed to pay a substantial portion of the costs,
the City has participated in the project. The proposal requests that the City contribute
25% of the wall costs up to $50,000.
The Agreement between the City, the Big Canyon Country Club and the Big Canyon
Community Association provides:
1. That the City will contribute 25% of the cost of designing and constructing two walls up
to a maximum contribution of $50,000.
APPROVED D GY CITY COUNCIL
per s � :..
i i
SUBJECT. MACARTHUR BOULEVARD WIDENING —WALL AGREEMENT •
May 26, 1998
Page 2
2. That the City's contribution will be made based on bids received for the wall
construction after the designs are approved by the parties to the Agreement.
3. That the wall be designed to be aesthetically pleasing from the roadway side and that
provisions be made to provide for landscaping and /or vines on the roadway side of the
wall.
4. That Big Canyon Country Club and Big Canyon Community Association agree that the
City has no further obligation to construct or participate in the construction of noise
attenuation facilities along MacArthur Boulevard between San Joaquin Hills Road and
Ford Road.
5. That the Big Canyon Country Club and Big Canyon Community Association be
responsible for the design, construction and maintenance of the walls and that the
walls shall be constructed outside the MacArthur Boulevard right -of -way.
This project can be considered to be necessary because of the widening of MacArthur
Boulevard and the potential slight increase in noise and visibility from the new roadway. It
is recommended that the contribution be funded from unappropriated CIOSA funds.
Respectfully submitted,
(2zWVU
PUBLIC WORKS DEPARTMENT
DON WEBB, DIRECTOR
Attachment: Agreement
•
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0 0
COOPERATIVE AGREEMENT
THIS COOPERATIVE AGREEMENT ( "Agreement ") is made as of
1998 by and between BIG CANYON COUNTRY CLUB
(BCCC), a private, non - profit mutual benefit corporation, BIG CANYON COMMUNITY
ASSOCIATION (BCCA), a private, non - profit mutual benefit corporation and THE CITY
OF NEWPORT BEACH, a municipal corporation ( "CITY ")_
RECITALS
A. City of Newport Beach has awarded the Griffith Company a construction
contract to widen and reconstruct the segment of MacArthur Boulevard extending
between San Joaquin Hills Road and Ford Road ( "Project "). A portion of the Project is
located adjacent to the easterly boundary of real property owned by BCCC which has
been improved as a golf course ( "Site "). The project has removed landscaping and
modified a berm in two areas visible from Big Canyon residents and the golf course.
B. Noise tests taken before and during the construction of the project show an
increase in noise levels. Measured noise levels are below the level at which the CITY is
required to construct noise attenuation facilities.
C. BCCC and BCCA desire to construct walls across the two areas where
.MacArthur Boulevard is visible from the golf course and Big Canyon residences to
address the visual and noise impacts claimed to have resulted from the prcject. BCCC &
BCCA have asked the CITY and THE IRVINE COMPANY (TIC) to participate in the
funding of the design and construction of the walls.
D. The CITY in the past has agreed to fund walls adjacent to road construction
projects, beyond the normal CITY responsibility, when the benefited property owners
have agreed to fund a substantial portion of the cost. BCCC and BCCA have requested
that the CITY contribute 25% of the cost up to $50,000.
E. The CITY, BCCC and BCCA desire to work together to provide for the joint
needs of the parties and resolve any differences regarding the Project.
NOW, THEREFORE, taking the foregoing Recitals into account and for other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. The CITY will contribute 25% of the cost of designing and constructing the walls,
provided CITY's contribution shall not exceed the sum of $50,000.
2. CITY shall have the right to prior approval of the design of the wall. The CITY's
contribution for construction of the wall shall be based on bids received on the
approved design. BCCC & BCCA agree to obtain at least three (3) bids for wall
construction.
• • , 1.
3 The wall shall be designed to be aesthetically pleasing from the roadway side and
shall allow for landscaping and /or vines on the roadway side of the wall.
4 The BCCC and BCCA agree that the CITY shall have no further obligation to
construct or participate in the construction of noise attenuation facilities along
MacArthur Boulevard between San Joaquin Hills Road and Ford Road.
5. The BCCC and BCCA shall be solely responsible for the design, construction and
maintenance of the walls and that the walls shall be constructed on BCCC &
BCCA property, outside the MacArthur Boulevard right-of-way-
6. Indemnification.
(1) BCCC and BCCA shall indemnify, defend and hold harmless CITY from all
claims, injuries, damages, losses, cost or expense, including costs of defense,
arising out of, or in any way related to, the design and construction or
maintenance performed by BCCC and BCCA or any of its agents pursuant to
this Agreement.
(2) CITY shall be named as an additional insured on all contracts for construction
of the wall.
7. Specific Performance . The Parties acknowledge that monetary damages would
be extremely difficult or impossible to ascertain in the event of a breach of the
provisions of this Agreement and that other remedies at law are inadequate given
the unique commitments of this Agreement. Accordingly, the Parties agree that
specific performance is the only appropriate remedy for any breach of this
Agreement and neither Party shall be entitled to monetary damages, attorney fees
or costs by reason of any default under this Agreement.
8. Captions. The paragraph headings or captions used herein are for convenience
only and are not a part of this Agreement and do not limit, define or amplify the
scope or intent of the provisions of this Agreement.
9. Governing Law. This Agreement shall be governed by and construed in
accordance with the internal laws of the State of California without reference to any
conflicts or choice of law principles.
10. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be deemed an original but all of which shall constitute one and the
same document. Any signature page of this Agreement may be detached from
any counterpart of this Agreement and re- attached to any other counterpart of this
Agreement identical in form hereto but having attached to it one or more additional
signature pages.
0
ICA
0
► .J
E
11. Entire Agreement. This Agreement contains the entire agreement between the
parties relating to the subject matter thereof. Any oral or other written
representations or statements concerning the subject matter thereof shall be of no
force or effect.
12. Successors. This Agreement shall inure to and bind BCCC and BCCA and its
successors and assigns. Newport Beach shall have no right to transfer or assign
its rights or obligations under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin L. Clauson.
Assistant City Attorney
City of Newport Beach
ATTEST:
0
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Mayor
City of Newport Beach
Big Canyon Country Club
a private corporation
A
President
Big Canyon Community Association
a private corporation
NM
President
f:\groups\pubworksla g m11981big- cany -1.doc
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MacArthur Boulevard
Wall Agreement
Exhibit
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Big Canyon Country Club
David 1-1. Voorhrrr,. CCM
Gmnal Mnwwr
May 21, 1998
Mr. Kevin Murphy
City Manager
City of Newport Beach
P. o. Box 1768
Newport Beach, CA 92658 -8915
0.
"REC IV�D AFTER AGENDA
PRINTED:" L-'2-- 5 -aL -° Q
Dear Mr. Murphy:
r. As a follow up to our conversation, this letter will serve to confirm the club's agreement in
principal of the cooperative agreement as drafted by your office regatding the walls along
MacArthur Blvd.. Final approval is contingent on a number of factory including
agreements between the Club and the Irvine Company, the Club and, Big Canyon
Homeowner's Association, review by club counsel, and the appreval!of the Club's Board
of Director's.
We are pleased that the cooperation of all parties has allowed this miner to proceed to
this point. Collectively we can bring this matter to a mutually beneficial conclusion.
Sincerely,
David H. Voorhees, CCM
General Manager
DH Vlvwn
cc: Keith Rosing, M.D., Club President
John W. Hamilton
Onr niq Conran Vrivr • hicwporl Reach, California 92660 -5299 • RI: (714) 6445+104 Fax: 1714) 720-9338
TOTAL P.01/01
MAY -21 -1998 11:56 714 720 9338 96% P.01
9 0
COOPERATIVE AGREEMENT •
THIS COOPERATIVE AGREEMENT ( "Agreement ") is made as of March
49N 2000 by and between BIG CANYON COUNTRY CLUB (BCCC), a private, non-
profit mutual benefit corporation, BIG CANYON COMMUNITY ASSOCIATION (BCCA), a
private, non - profit mutual benefit corporation and THE CITY OF NEWPORT BEACH, a
municipal corporation ( "CITY ").
RECITALS
A. City of Newport Beach has awarded the GFiffith Gempany_g2MIgleted a
construction contract to widen and reconstruct the segment of MacArthur Boulevard
extending between San Joaquin Hills Road and Ford Road ( "Project "). A portion of the
Project is located adjacent to the easterly boundary of real property owned by BCCC
which has been improved as a golf course ( "Site "). The project has removed
landscaping and modified a berm in two areas visible from Big Canyon residents and the
golf course.
B. Noise tests taken before, and during and after the construction of the
project show an minor increase in noise levels at some locations. Measured noise
levels are below the level at which the CITY is required to construct noise attenuation
facilities.
C. BCCC and BCCA desire to construct walls across the two areas where
MacArthur Boulevard is visible from the golf course and Big Canyon residences to
address the visual and noise impacts claimed to have resulted from the project. BCCC &
BCCA have asked the CITY and THE IRVINE COMPANY (TIC) to participate in the
funding of the design and construction of the walls.
D. The CITY in the past has agreed to fund walls adjacent to road construction
projects, beyond the normal CITY responsibility, when the benefited property owners
have agreed to fund a substantial portion of the cost. BCCC and BCCA have requested
that the CITY contribute 25% of the cost up to $50,000 65,000.
E. The CITY, BCCC and BCCA desire to work together to provide for the joint
needs of the parties and resolve any differences regarding the Project.
NOW, THEREFORE, taking the foregoing Recitals into account and for other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. The CITY will contribute 25% of the cost of designing and constructing the walls,
provided CITY's contribution shall not exceed the sum of $50,000 65.000. In
addition to this contribution, the CITY aarees to waive the normal building
permit, plan check and inspection fees. •
2. CITY shall have the right to prior approval of the design of the wall. The CITY's
contribution for construction of the wall shall be based on bids received on the
approved design. BCCC & BCCA ( or their designated agent) agree to obtain at
least three (3) bids for wall construction.
. 3. The wall shall be designed to be aesthetically pleasing from the roadway side and
shall allow for landscaping and /or vines on the roadway side of the wall.
4. The BCCC and BCCA agree that the CITY shall have no further obligation to
construct or participate in the construction of noise attenuation facilities along
MacArthur Boulevard between San Joaquin Hills Road and Ford Road.
5. The BCCC and BCCA shall be solely responsible for the design, construction and
maintenance of the walls and that the walls shall be constructed on BCCC &
BCCA property, outside the MacArthur Boulevard right -of -way.
6. Indemnification.
(1) BCCC and BCCA shall indemnify, defend and hold harmless CITY from all
claims, injuries, damages, losses, cost or expense, including costs of defense,
arising out of, or in any way related to, the design and construction or
maintenance performed by BCCC and BCCA or any of its agents pursuant to
this Agreement.
(2) CITY shall be named as an additional insured on all contracts for construction
of the wall.
7. Specitic Performance . The Parties acknowledge that monetary damages would
be extremely difficult or impossible to ascertain in the event of a breach of the
provisions of this Agreement and that other remedies at law are inadequate given
the unique commitments of this Agreement. Accordingly, the Parties agree that
specific performance is the only appropriate remedy for any breach of this
Agreement and neither Party shall be entitled to monetary damages, attorney fees
or costs by reason of any default under this Agreement.
8. Captions. The paragraph headings or captions used herein are for convenience
only and are not a part of this Agreement and do not limit, define or amplify the
scope or intent of the provisions of this Agreement.
9. Governing Law. This Agreement shall be governed by and construed in
accordance with the internal laws of the State of California without reference to any
conflicts or choice of law principles.
10. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be deemed an original but all of which shall constitute one and the
same document. Any signature page of this Agreement may be detached from
• any counterpart of this Agreement and re- attached to any other counterpart of this
Agreement identical in form hereto but having attached to it one or more additional
signature pages.
OA
9
11. Entire Agreement. This Agreement contains the entire agreement between the .
parties relating to the subject matter thereof. Any oral or other written
representations or statements concerning the subject matter thereof shall be of no
force or effect.
12. Successors. This Agreement shall inure to and bind BCCC and BCCA and its
successors and assigns. Newport Beach shall have no right to transfer or assign
its rights or obligations under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin L. Clauson
Assistant City Attorney
City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
3
CITY OF NEWPORT BEACH
A Municipal Corporation
in
Mayor
City of Newport Beach
Big Canyon Country Club
a private corporation
M
President
Big Canyon Community Association
a private corporation
President
f: \pwd\shared\agmt \00 1big - cany -2.doc
•
C* of Newport Beach
BUDGET AMENDMENT
1999 -00
E &T ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
40 NO. BA- 046
AMOUNT: $33,soo.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To appropriate $33,500 from the unappropriated surplus in the CIOSA Loan Fund to the
MacArthur Boulevard Widening account for the construction of a wall along two portions
of MacArthur Boulevard. There have been no prior budget amendments.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
430 3605
REVENUE APPROPRIATIONS (3601)
• Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Fund Balance Reserves
Description
Signed:
Signed:
Finance Director
City Manager
Amount
Debit Credit
$33,500
$33,500
3 -/ -oa
Date
O/
ate
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
7432 CIOSA Loan Expenditures
Account
Number
C5100066 MacArthur Widening
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
! Account
Number
Signed:
Signed:
Finance Director
City Manager
Amount
Debit Credit
$33,500
$33,500
3 -/ -oa
Date
O/
ate
Signed:
City Council Approval: City Clerk Date
Oty of Newport Beach
BUDGET AMENDMENT
1999 -00
NO. BA- 046
AMOUNT: 533,aoo.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
�X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No affect nn RiteingtaV4 Fund Rnla�a
BY THE CITY CCUNCIL
SOURCE: CITY OF NEWPCRT BEACH
from existing budget appropriations
from additional estimated revenues 14
Px from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To appropriate $33,500 from the unappropriated surplus in the CIOSA Loan Fund to the
MacArthur Boulevard Widening account for the construction of a wall along two portions
of MacArthur Boulevard. There have been no prior budget amendments.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
430 3605
REVENUE APPROPRIATIONS (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Fund Balance Reserves
Description
Signed:
City
Signed: ✓ Y/U�'7liT.l,_�� &ffl . A
City Council Approval: City Clerk
Amount
Debit Credit
$33,500
Au(o Uc
$33,500
,:?-/ -on
Date
O/
ate //
3 / /�,�'
Date
(I
Description
Division
Number 7432
CIOSA Loan Expenditures
Account
Number C5100066
MacArthur Widening
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Fine cial ADProval: Finance
Director
Signed:
City
Signed: ✓ Y/U�'7liT.l,_�� &ffl . A
City Council Approval: City Clerk
Amount
Debit Credit
$33,500
Au(o Uc
$33,500
,:?-/ -on
Date
O/
ate //
3 / /�,�'
Date
(I
June 16,1999
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
Cooper Backhoe and Equipment, Inc.
1100 Irvine Blvd., Suite 509
Tustin, CA 92780
Subject: Sound Walls/ MacArthur Boulevard Widening (C- 2825K)
To Whom It May Concern:
On May 10, 1999, the City Council of Newport Beach accepted the work of the
subject project and authorized the City Clerk to file a Notice of Completion and
to release the bonds 35 days after the Notice of Completion had been recorded in
accordance with applicable portions of the Civil Code.
The Notice of Completion was recorded by the Orange County Recorder on
May 12, 1999, Reference No. 19990346275. The Surety for the contract is
American Contractors Indemnity Company, and the bond number is 17956.
Enclosed are the bidders bond, the labor & materials payment bond and the
faithful performance bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
Horst Hlawaty, Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
• BOND NO. 78768 -03
PREMIUM: Incl. in BBSU
CITY OF NEWPORT BEACH PAGE a
PUBLIC WORKS DEPARTMENT
SOUND WAI,).,S FOR SEGMENT 2 CQNSTRUCTION QF MACARTHUR BOULEVARD
WIDENING 0.4 MILES N/O SAN 4t7AQUIN HILLS_RQAD TO FORn_RYOM
CQNTRACT NO. 2825 (K)
0P
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severalty held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of Seyente n Tho ,s .4nd.. Five HundollArs
($.17. qoQ,. U_,), to be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the construction of SOUND WALLS FOR SEGMEN r 2
CONSTRUCTION OF MACARTHUR BOULEVARD WIDENING 0.4 MILES N/O SAN JOAQUIN
HILLS ROAD TO FORD ROAD, Contract No. 2825 (K) in the City of Newport Beach, is
accepted by the City Council of the City of Newport Beach and the proposed contract is
awarded to the Principal, and the Principal fails to duly enter into and execute the Contract
Documents for the construction of the project in the form required within ten days (10) (not
including Saturday, Sunoay, and federal holidays) after the date of the mailing of Notice of
Award; otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an Individual,
it is agreed that the death of any such Principal shill not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 11th day of
Cooper Backhoe and Equipment, Inc.
Name of Contractor (Principal)
American Contractors Indemnity Company
Name of Surety
10231 Slater Ave., STE 202
Fountain Valley, CA 92708
Address of Surety
(714)968 -9109
Telephone
December 19 98
Peggy Carver - Hilburn
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the "Company "), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Peggy Carver _,Hilburn
as its true and lawful Attomey(s) -in -fact, in amount of $_L500 , 000.00, to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY 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.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint 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, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attomey -in -fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 27th day of July , 193$
�1tZp(10g1�yG AMERICAN CONTRACTO�RS WEM�TITY MPANY
i By: lG% %�liY
ie(otPottlEO ^
SEPT.26, IM Andy Faust, President
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On July 27, 1998 before me, B. Caindec , personally appeared Andy Faust
-
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal. It CANDEC
� _ Cammmton R IOD0990
� ' �L�oe Mpelet Counly
My Comm. 6�Ym May 2t1. 21m
CERTIFICATION
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company
as- setforth in said Power of Attomey, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are
correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this t t th day of December '19 98
Albert Baumgarten, Secretary
CALIFORNIA ALL- PURPOSERCKNOWLEDGMENT •
State of California
County of Los Angeles
On December 11, 1998 before me, B. Caindec, Notary Public
Date Name and Title of Officer (e.g.. -Jane Doe, Notary Public')
personally appeared Peggy Carver - Hilburn
Names) of Signer(s)
[Spersonally known to me - to be the person
whose namenis/M subscribed to the within instrument
and acknowledged to me that ZVsheffiW executed the
same in =her/1gMuthorized capacity), and that by
ffiher /M signature(§on the instrument the person(&),
or the entity upon behalf of which the personp acted,
executed the instrument.
acaNDEC WITNESS my ha and o icial seal.
Cornnlssion N 1Lxf8970 _
�} amy Nctory R:bwc l05 Angeles County Comm. Expires May 28.2000 G�
nature of Notary Public
OPTIQNA/ -
Though the information below is not required by law, it may prove 03 able to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity( Claimed by Signer(o
Signer's Name: Peggy Carver - Hilburn
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
13 Attomey -in -Fact
❑ Trustee
Cl Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
American Contractors
Indemnity Company
Bond No. 78768 -03
Number of Pages:
Signer's Name:
❑ Individual
D Corporate Officer
Title(s):
D
❑
❑
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
0 1995 National Notary Association • 0236 Remmal Ave., P.O. Box 7184 • Cortege Park, CA 91309.7186 Prod. No. 507 ReoNer: Cad Toll -Free 1- BM876-027
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
40
PAGE 15
SOUND WALLS FOR SEGMENT 2 CONSTRUCTION OF MACARTHUR BOULEVARD
WIDENING 0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO FORD ROAD
CONTRACT NO. 2825 (K)
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Cooper Backhoe and Equipment, Inc., hereinafter designated as the
"Principal," a contract for construction of SOUND WALLS FOR SEGMENT 2 CONSTRUCTION
OF MACARTHUR BOULEVARD WIDENING 0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO
FORD ROAD, Contract No. 2825 (K) in the City of Newport Beach, in strict conformity with the
plans, drawings, specifications and other Contract Documents in the office of the Public Works
Department 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 (K) 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 the undersigned Principal, and,
duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of one hundred forty -eight thousand,
eight hundred twenty -nine and 50/100 Dollars ($148,829.50), lawful money of the United States of
America, said sum being equal to 100% of the estimated amount payable by the City of Newport
Beach under the terms of the Contract; for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery 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, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this 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.
0
0
PAGE 14
D. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
E. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in "C" above.
F. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all
other Contract Documents by Contractor is a representation that Contractor has visited
the Project Site, has become familiar with the local conditions under which the work is
to be performed, and has correlated all relevant observations with the requirements of
the Contract Documents.
10. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
11. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
APPROV AS TO FORM:
'611TV ATTORNEY
OF NEWPORT BEACH
CONTRACTOR
gy; RCS .
Authorized gn and Title
•
loond # 17956
Premium:$1,170.00
PAGE 15
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT NO. 2825 (K)
BOND NO. 17956
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Cooper Backhoe and Equipment, Inc., hereinafter designated as the
"Principal," a contract for construction of SOUND WALLS FOR SEGMENT 2 CONSTRUCTION
OF MACARTHUR BOULEVARD WIDENING 0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO
FORD ROAD, Contract No. 2825 (K) in the City of Newport Beach, in strict conformity with the
plans, drawings, specifications and other Contract Documents in the office of the Public Works
Department 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 (K) 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 the undersigned Principal, and, American
Contractors Indemnity Company & NAC_Reinsurance Company duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of one hundred forty -eight thousand,
eight hundred twenty-nine and 501100 Dollars ($148,829.50), lawful money of the United States of
America, said sum being equal to 100% of the estimated amount payable by the City of Newport
Beach under the terms of the Contract; for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery 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, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this 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.
0
9
PAGE 16
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3161 of the California Civil Code so as to give a right of action
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 Surety, for value received, hereby stipulates and agrees that no change, extension of
time, aterations 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 18th day of January , 1 SL 99
Cooper Backhoe 6 Equipment Inc.
Name of Contractor (Principal)
American Contractors Indemnity Co.
Name of Surety
10231 Slater Ave., 0202
Address of Surety
714 -968 -9109
Telephone
Peggy Carver - Hilburn
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURIETY MUST BE ATTACHED
NAC Reinsurance Corporation
Name of Surety
9841 Airport Blvd., #1414
Los Angeles, CA 90045
Address of Surety
(310)649 -0990
Telphone
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the "Company'), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Peggy Carver _ Hilburn
as its true and lawful Attorney(s) -in -fact, in amount of s 1, 500.000.00, to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY 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.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attomey(s) -in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attomey -in -fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 27th day of July , 19 99
�Rp(70, �yo AMERICAN CONTRACT���MPANY
INroRPOUTID ? By: !!!///���!!!///
SEPL 26,1990 < Andy Faust President
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On July 27, 1998 before me, B. Caindec , personally appeared Andy Faust
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal. & CAINUC
i Comniden M 109a99ri
. '� Notay Rr61c — CaafaNn
los Mrpelet County
roty Comm. Fr�YSt t�Y 2S. 21m
CERTIFICATION
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company
arsetlorth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are
correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this t R th day of January , 19—L9
Albert Baumgarten, Secretary
CALIFORNIA ALL- PURPOSACKNOWLEDGMENT •
State of California
County of Los Angeles
On January 18, 1999 before me, B Caindec Notary Public
Date Name and Title of Officer (e.g., -Jane Doe, Notary Public )
personally appeared Peg¢v Carver – Hilburn
Name(s) of Signers)
EXpersonally known to me – to be the person~
whose nameoWis/ZM subscribed to the within instrument
and acknowledged to me that X/sheMM executed the
same in Mher/itMMuthorized capacitypq, and that by
]Tier /RU signature(Won the instrument the person(&),
or the entity upon behalf of which the personM acted,
executed the instrument.
�— WITNESS my han d official seal.
9. CANDEC
CDmrnlglonti 1td"M
Pl ory gJW— CaNOn:O
Los ArQi County
rely Comm bales May 28• IOOD i Signature of Notary Public
Though the information below is not required by law, it may prove able to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(iM Claimed by Signer(o
Signer's Name: Peggy Carver – Hilburn
B
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
American Contractors
Indemnity Company
RIGHT TH u f:1 BPRINT
OF SIGNER
Bond No. 17956
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
0
Partner —❑ Limited ❑ General
Attomey -in -Fact
Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1995 National Notary Association • 8236 Rammed AVG., P.O. Box 7154 • Canoga Perk, CA 813047180 Prod. No. 58117 neomer. ,•an �wrnw 9u••- =•
I•, REINSURANCE CORPORATICO No' N -59 -287
POWER OF ATTORNEY
no tt(I ���ten bg these Vresents: that NAC REINSURANCE CORPORATION, a New York corporation (the 'Corporation"), with offices at One Greenwich Plaza, Greenwich,
nnectial, 08830, has made, consthuted and appointed, and by these presents, does make, constitute and appoint
S. Baumgarten, A.T. Faust, Leon B. Back, Jr., R.D. James, John M. Barnes, James M. Holhrook
its true and lawful Atiomey(s) -in -Fact, at .. Los. Angeles ........ In the State of ...California ......... and each of them to have full power to act without the other or
others, to ma(ror execute and deliver on its tro1Wf, as Surety or CO- Surely; bonds and undertakings given for any and all purposes, also to execute and deliver an its behalf as aforesaid renewals,
extensions; agreements, via" consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate
the Corporation for ady poIILIO k e, penal sum thereof in excess of the sum of
—Dollars (S ..2,(100,
7ltirq ^,iii j�en . , � .................. ............................... ... DQO-- .............. ).
Such bonds 14ltudenikiAps for . puposes, when duty executed by said Ahorney(s) -In -Fact, shall be binding upon the Corporation as fully and to the same extent as it signed by the President of
tha.Corporation ender its corporalexal attested by its Corporate Secretary.
This appoadmiligrjs ma_daJomde {and by authority of certain resolutions adopted by the Board of Directors of the Corporation at meeting duly called and held on the 13th day of March, 1995, a copy
Dr urh1W.. Ar%IIAIM.under the headma entitled'CerOficate'
This Power of Attorney..is- signed and sealed by facsimile under and by authority al the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent on
September 18, 1987 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that in granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation at a meeting duty called and held on March 13,
1995, the signature of such directors and officers and the seat of the Corporation may be affixed to any such power of attorney or any cerfilot a relating thereto by facsimile, and any
such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon. the Corporation in the future with respect to any bond or undertaking to
which it is attached.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attomey(s)-m -Fact Is authorized to act),
May .31 .........................19 99...
IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this ..7th... day of .... JAuAd1CY.......
19.99.. , at Greenwich, Connecticut .
(Corporate Seal)
NAC RE E COfiP ION.
A>h 5ecoud'' President ' Laura A. ��uit
S E T - ss: Gree Cl
RFIIEL��
7th )e". day of.. J «arY............19 99 before me personally came ..................................... ............................... .
.. .....
. J{ uLa, A ................................................... to me known, who being by me duly swom, did depose and say that (s)he resides in
. y .NY. , , , ... that (s)he is a ... Vice . President .............. of NAC REINSURANCE CORPORA? ,
the c �o�epan, t executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order °JV ors of said corporation, and that (s)he signed his(her) name thereto by like order.
(Notarial Seal) ............... ......... Notary Public
CERTIFICATE GABRIEL G. CARING III
STATE OF CONNECTICUT SS: Greenwich NOTARY PUBLIC
COUNTY OF FAIRFIELD MY COWL PXP ES OCT 31,19"
Cathy A. Hauck the .. Second Vice President .... of NAC REINSURANCE CORPORATION,
a New YO Pry)(035 'Corpoaton'), hereby ceNly: Associate General Counsel
ir- ntnyttyr of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersign as
can thing g " the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
iTa
oil r�plons were adopted by the Board of Directors of the Corporation at a meeting duly wiled and held on March 13. 1995, which resolutions have not since been revoked,
�d(d ar drtdrtQqRd��: QQ' y j
4\ D, tlyt e i of irgt yalgf named below is au8wr¢ed to make, azeade, seat and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in Surety or
CbsureN wAli'6Bprs. fOF . / Z �'
�F Stanley J. Koh Laura A. Shanahan Douglas M. Rofrano Mary A. Roddy
and
RESOLVED, FURTHER: that each of the individuals named above Is authorized to appoint Attorneys in -Fact for the purpose of making, executing, sealing and delivering bonds, undertakings or
otihgatiora In Surety or Co -Surely br and on behalf of the Corporation.-
3. The urA'erstarW fuMm certifies trial the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, t.have hereunto set my hand and affixed the corporate seal this ... 18th ..... , .. day oC ............ January ............. 19 99
(Corporate Seal)
Cathy sack
CALIFORNIA ALL- PURPOS ACKNOWLEDGMENT
State of California
County of Los Angeles
On 1/18/99 before me, B Caindec, Notary Public
Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public ")
personally appeared Leon B. Back, Jr.
Names) of Signer(s)
EXpersonally known to me —flR 3proved to7neenihebasisbfsatisfaetorpeaidenee to be the person
whose name*is/are subscribed to the within instrument
and acknowledged to me that hefsheft+ ley executed the
same in his /her/their authorized capacity(ies), and that by
his/herkheir signature(s) on the instrument the person(s },
or the entity upon behalf of which the person(* acted,
executed the instrument.
=N1otMPubk—CGV00io
I & 8990 WITNESS my hand and official seal. V00io '_ nty 28, 2000
- Signature oVNo1ar'yP0W,
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity6es) Claimed by Signerfs)
Signer's Name: Leon B. Back, Jr.
❑ Individual
❑ Corporate Officer
Title(s):
Partner — ❑Limited
❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
NAC REINSURANCE
CORPORATION
RIGHTTHUNIS RINT
OF SIGNER
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1995 National Notary Association • 8236 Remnel Ave., P.O. Box 7164 • Canoga Park, CA 91309 -71 N4 Proc. No, 5907 Reorder: Call Toll -Free 1- 8068]66827
• i
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
�f av� JL_ ss.
On 13&n last �(Sf V�N5, before me,
ale
personally appeared
Place Notary Seal Above
'Jane
personally known to me
evidemcla_
to be the person(g) whose name( is /4e
subscribed to the within instrument and
acknowledged to me that he /sheRhey executed
the same in his /herkheir authorized
capacity(iQ4, and that by his/
signature(o on the instrument the person , or
the entity upon behalf of which the person(,-VK
acted, executed the instrument.
WITNES94av hand and officjnf seal
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attachec�Dpcurgent
Title or Type of Document: h 'tfl
Document Date: l- Z( 1 I Number of Pages:
?� Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: n a
❑ Individual I PQ S n Top of thumb here
21 orporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Aen untion • 9350 De Soto Ave.. P.O. Box 2402 • Cl,atavrorN, CA 9131124022 No. 5907 Reorder Call Toll -Frae 1- 800 -876-8927
- 7
F08i "c'
SNIDl Z
CO':.M. S 1 pia y
com
oahNF cows f
FE9 1,1999
MY
COMM Ez ?i12s
Place Notary Seal Above
'Jane
personally known to me
evidemcla_
to be the person(g) whose name( is /4e
subscribed to the within instrument and
acknowledged to me that he /sheRhey executed
the same in his /herkheir authorized
capacity(iQ4, and that by his/
signature(o on the instrument the person , or
the entity upon behalf of which the person(,-VK
acted, executed the instrument.
WITNES94av hand and officjnf seal
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attachec�Dpcurgent
Title or Type of Document: h 'tfl
Document Date: l- Z( 1 I Number of Pages:
?� Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: n a
❑ Individual I PQ S n Top of thumb here
21 orporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Aen untion • 9350 De Soto Ave.. P.O. Box 2402 • Cl,atavrorN, CA 9131124022 No. 5907 Reorder Call Toll -Frae 1- 800 -876-8927
- 7
0
0
PAGE 17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT NO. 2825 (K)
BOND NO. 17956
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 3,600-00 , being
at the rate of $ 42 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, has entered
into a contract with Cooper Backhoe and Equipment, Ina, hereinafter designated as the
"Principal ", a contract for construction of SOUND WALLS FOR SEGMENT 2 CONSTRUCTION
OF MACARTHUR BOULEVARD WIDE=NING 0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO
FORD ROAD, Contract No. 2825 (K) in the City of Newport Beach, in strict conformity with the
plans, drawings, specifications, and other Contract Documents maintained in the Public Works
Department 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 (K) and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we. the Principal, and
American Contractors Indemnity Company & NAC Reinsurance Company , duly authorized
to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are
held and firmly bound unto the City of Newport Beach, in the sum of one hundred forty-eight
thousand, eight hundred twenty-nine and 50/100 Dollars ($148,829.50), lawful money of the
United States of America, said sum being equal to 100% of the estimated amount of the Contract,
to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators. successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents 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, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
0
PAGE 18
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety 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 way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
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
Cit;.
In the vent 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. il.is instrument has been duly executed by the Principal and
Surety above named, on the 18ttday of January , 19 -22.
Cooper Backhoe & Equipment Inc.
Name of Contractor (Principal)
American Contractors Indemnity Co.
Name of Surety
10231 Slater Aire #202
Address of Surety
714 - 968 -9109
Telephone
Peggy Carver - Hilburn, Attorney -In =Fact
Pri t Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
NAC Reinsurance Corporation
Name of Surety
9841 Airport Blvd., 111414
Los Angeles, CA 90045
Address of Surety
(310)649 -0990
Telephone
Leop,'V Back, Jr., Attorney -In -Fact
and Title
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the "Company "), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Peggy Carver _.Hilburn
as its true and lawful Attorney(s) -in -fact, in amount of $ 1,500,000.00, to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY 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.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attomey(s) -in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attomey -in -fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 27th day of July , 19 9R
SQ,pCTO,��yo AMERICAN CONTRALTOS i ���iITl' �MPANY
I010RQEx By: ��/
SER 26,1990 Andy Faust, President
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On _lull 27, 1998 before me, B. Camdec , personally appeared Andv Faust
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seat. _ & CAMMDEC
i Corrrrtloton N 109x990
. � .'� NotayRtbRc— CAItortYo
lt� AnOelet Canty
MY Comm. Er�Yes MaY sx• 400D
CERTIFICATION
1, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company
arset.forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are
correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 19th day of January '19 99
Albert Baumgarten, Secretary
CALIFORNIA ALL-PURPOSPACKNOWLEDGM ENT •
State of California
County of Los Angeles
On January 18, 1999 before me, B. Caindec, Notary Public
Dale Name and nne of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared Peg" Carver – Hilburn
Names) of Signegs)
[$personally known to me – to be the person"
whose namegWis /M subscribed to the within instrument
and acknowledged to me that MshMW executed the
same in Wher/119Muthorized capacitypq, and that by
Sher /tom& signature(Won the instrument the person (&),
or the entity upon behalf of which the persona acted,
executed the instrument.
&CAINDEC E WITNESS my hand and -o i ial seal.
camtbsfol t098gg0 /
.� NotoryPuDic— CaAfonto
Los Anpotes County .
dry Cont. Ex0es May 28, 20M nature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(i]W Claimed by Signer(o
Signer's Name: Peggy Carver – Hilburn
0
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
American Contractors
Indemnity Company
RIGHT THUPo7BPRIM
OF SIGNER
III
Bond No. 17956
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
rl Partner — - Limited -1 General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1995 National Notary Association • 8238 Remnet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7186 Prod. No 5907 Reorder. Call Toh.Free 1-SM- 876 -6827
•.0 REINSURANCE CORPORATI• No.
N -59 -287
POWER OF ATTORNEY
riaGd All Teri bg t4ese Fresettts: that NAC REINSURANCE CORPORATION, a New York corporation (file "Corporation'), with offices at One Greenwich Plan, Greenwich,
onnacti L 068364, has made, constituted and appointed, and by these presents, does make, constitute and appoint
S. Baumgarten, A.T. Faust, Leon B. Back, Jr., B.D. James, John M. Barnes, James M. Holbrook
its true and lawful Attomey(s) -in -Fact, at.. LOS . Angeles ........ in the State of ...California ......... and each of them to have full power to act without the other or
others, to make; execute and deliver on its behalf, as Surety or Co- Surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,
extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate
the Corporation for any portion of the penal sum thereof in excess of the sum of
TtTO "l aJ on- ..:......... ............................... act, shall be binding . ng .
-- Dollars (S ..2, 000. D(1O -- .............. ).
Such bonds anE uhdertak]Ns for said purposes, when duty executed by said Attorney(s) -In -fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the President of
the Corporation under its corporate seal attested by its Corporate Secretary.
This appointment Is made- under,and by authority of certain resolutions adopted by the Board of Directors of the Corporation at meeting duty called and held on the 13th day of March, 1995, a copy
of which - appears below under the heading entitled'Cerldirate.'
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent on
September 18, 1997 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that in granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation at a meeting duty called and held an March 13,
1995, the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any
such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to
which it is attached.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attorney(s)-in-Fact is authorized to act),
May . 31 .........................19 99...
IN WITNESS WHEREOF, the Corporation has caused these presents to be duty signed and its corporate seal to be hereunto affixed and attested this ... day of .... JA ILIA." ......
19.99... at Greenwich, Connecticut.
(Corporate Seal)
NAC RE E CORP ION
ATTE , 'Second' V Pretaid'erit Laura A. Stisuahaai�Vice re s eriE
SJ O E TI�Tj� as: Gree ch
_ RFEEL.D Z. -
n 7 th R . day of.. J. ....rY......... ... 19 99 before me personally wme ...................................... ...............................
. , J*ur4. Afj, .. ............................... I .............. to me known, who being by me duty sworn, did depose and say that (s)he resides in
NY, that (s)he is a ... Aice . Presir dent .............. of NAC REINSURANCE CORPORATION,
the c' eragon. �dbnd ch executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument Is such corporate seal; that it was so affixed
by order - �� r8 jo ors of said corporation, and Out (s)he signed his(her) name thereto by like order.
Notarial Seal ` .......4th ............. .
( ) � Notary Public
CERTIFICATE GABRIEL G. CARING III
STATE OF CONNECTICUT as: Greenwich NOTARY PUBLIC
COUNTY OF FAIRFIELD 11111V lXIIIB' DM OCT 3Ir 1M
Cathy A. Hauck the .. Second Vice Preaident , , of NAC REINSURANCE CORPORATION,
a New York .wrporafion'(the.,Corporstion'), hereby certify: Associate General Counael
1. That the original power ofattyrney of which the foregoing is a copy was duty executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has
comfaW 6lprepoinQ `y01 r o, f'�Kh the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
L '
$. is toil he r_�I bons wN6� were adopted by the Board of Directors of the Corporation at a meeting duty wiled and held on March 13. 1995, which resolutions have not since been revoked,
amended or grid
4. C9Q
"RESOLVED, t" e5ii o Cre indMtluals named below is authorized to make, execute. seal and deliver for and on behalf of me Corporation any and all bonds, undertakirgs of obligations in Surely Of
faSureN wenaMers: r ^ }:•t. ,�'
t Stanley J. Kott Laura A. Shanahan Douglas M. Rofrano Mary A. Roddy
and ....._.
RESOLVED. FURTHER, that each of the individuals named above is authorized to appoint Attorneys- hrFact for the purpose of making, executing, sealing and delivering bonds, undertakings or
obligations in Surety or Co- Surety for and on behalf of the Corporation'
3. The irodersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this . , 18th ... .. , day oLir. .. Januar/Iy / ..................... 1999
(corporate Seal) .
.C`a'thy -A: t�suetii ..... ...............................
CALIFORNIA ALL•PURPOACKNOWLEMMENT •
State of California
County of Los Angeles
On 1/18/99 before me, B Caindec, Notary Public
Date Name and Title of Officer (e.g.. 'Jane Doe, Notary Public')
personally appeared Leon B. Back, Jr.
Name(s) of Signer(s)
CXpersonally known to be the person
whose name*is /are subscribed to the within instrument
and acknowledged to me that heishMiiey executed the
same in his/her/tIrt& authorized capacity0es), and that by
his /he Aheir signature(s) on the instrument the person(s�,
or the entity upon behalf of which the person(* acted,
executed the instrument.
WITNESS my hand anOTciat seal:'
�s
�-- SgnaNre of Notary u
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity6ets) Claimed by Signers)
Signer's Name: Leon B
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
3 Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other; I Top of thumb here
Signer Is Representing
NAC REINSURANCE
CORPORATION
Signer's Name:
R
I
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
❑ General
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 71 80 • Caro" Park, CA 91309 -7184 Prof. No. 5907 Reorder. Call Toll.Free 1- 800-8966927
0
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
(D�� ss.
County of
On _)enurAM before me,
ato r t
personally appeared
rcoreM.slosoes�
z`ji`: ;` Notcry Pub!ie — California a
ORANGE couivrt
h'y Comm. Exai:es FE51.19W
Plans Notary Seal Above
hspersonally known to me
E+ proved to rme a the bis_oL-saU6f8e1lorP
ti�
to be the personal whose name( is 19W
subscribed to the within instrument and
acknowledged to me that he /skel y executed
the same in his /hecittaeir authorized
capacity(ielT, and that by his /herAl4e4f-
signature(Won the instrument the person(pr or
the entity upon behalf of which the persorol
acted, a the instrument.
WITNES and a al.
Signature o/ Notary Flubim
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of
Title or Type of 0
Document Date: I- 2_1 -5 I Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: e
❑ Individual Top of thumb here
9-160-rporate O
❑ Partner —❑
❑ Attorney in
❑ Trustee
C1 Guardian or
❑ Other:
fficer Title(s): ic%A E
Limited El General
Fact
Conservator
Signer Is Representing: I
O 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • ChatevroM, CA 91313.2402 Prod. No. 5907 Reorder: can iai -Free 1- ewcro-oou
0
RECORDING REQUESTED BY AND c:
WHEN RECORDED RETURN TO:
City Clerk 199 MR
City of Newport Beach
3300 Newport Boulevard F FICF oG
Newport Beach, CA 92663 e
CITY EO
,A
E
` R�a /e dL. GranviT etYClerOrange,
k /Recordearlifornia
tl r ������������������������������������������������������ No Fee
IIIIIIIIIII
19990346275 09:23am 05/12/99
f 17 Ajqg2%055390 12 14
N12 1 0 6.00 0.00 0.00 0.00 0.00
VF CITY CI FRN
pursuant to bOVernment 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 Cooper Backhoe and Equipment, Inc.
of Tustin, California, as Contractor, entered into a Contract on January 11, 1999. Said
Contract set forth certain improvements, as follows:
MacArthur Boulevard Widening - Segment 2 (Construction of Sound Walls), C -2825 (K)
Work on said Contract was completed on April 19, 1999, and was found to be acceptable
on May 10, 1999, by the City Council. Title to said property is vested in the Owner, and
the Surety for said Contract is American Contractors Indemnity Company.
I]7
Publib 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 ~� c,, �� �I �1 �I , at Newport Beach, California.
BY OCq(li9nyw J a &eo ao of Nitw
City Clerk
•
•
May 10, 1999
CITY COUNCIL AGENDA
ITEM NO. 7
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: MACARTHUR BOULEVARD WIDENING -SEGMENT
CONSTRUCTION OF SOUND WALLS FOR CONTRA
COMPLETION AND ACCEPTANCE
RECOMMENDATIONS:
F'( THE CITY COUNCIL
Cfi..i -,F
MAY _Io_. -_ -�__ .�
-_A i
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 sections of the Civil
Code.
DISCUSSION:
• On January 11, 1999, the City Council authorized the award of a contract for the
construction of the Sound Walls for Segment 2 of MacArthur Boulevard Widening -
Contract No. 2825(K) to Cooper Backhoe and Equipment, Inc. The Segment 2 sound
attenuation walls are at the rear of six residences facing Port Manleigh Circle, located
along the easterly side of MacArthur Boulevard, midway between San Joaquin Hills
Road and Ford Road (see attached exhibit). The contract has now been completed to
the satisfaction of the Public Works Department. A summary of the contract cost is as
follows:
Original bid amount: $148,829.50
Actual amount of bid items constructed: 148,829.50
Total amount of change orders: 2,087.00
Final contract cost: $150,916.50
The increase in the amount of actual bid items constructed over the original bid amount
resulted from the need to remove 14" of masonry wall height at the request of the
affected property owner. The final overall construction cost including change orders
was 1.4% over the original bid amount.
One change order in the amount of $2,087.00 provided for the 14" reduction in masonry
wall height.
SUBJECT: MACARTHURBO VARDWIDENING- SEGMENT2
CONSTRUCTION WSOUND WALLS FOR CONTRACT NO . 28250 COMPLETION AND
ACCEPTANCE
May 10, 1999
Page 2
•
All work was completed by April 19, 1999, the scheduled completion date. The
responsibility for maintaining the sound attenuation walls by the individual property
owners commences upon recordation of the contract Notice of Completion.
Resp submi eZ 0.
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: '44
Gall Plckart
Project Manager
Attachment: Location Map
•
0
F:\Users\PBW\ Shared \COUNCIL\FY98- 99\May- 10�Sound Walls C- 2825(K).doc
ro
x FASHION
ISLAND
SEGMENT 1
SCALE 1" =1000' CONSTRUCTION
\ \I�
e
ISEGMENT 2
CONSTRUCTION
,LOAD
LK
m
w,
�O
MAGARTHUR BOULEVARD
`�■� socii�.
•
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
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 Cooper Backhoe and Equipment, Inc.
of Tustin, California, as Contractor, entered into a Contract on January 11, 1999. Said
Contract set forth certain improvements, as follows:
MacArthur Boulevard Widening — Segment 2 (Construction of Sound Walls), C -2825 (K)
Work on said Contract was completed on April 19, 1999, and was found to be acceptable
on May 10, 1999, by the City Council. Title to said property is vested in the Owner, and
the Surety for said Contract is American Contractors Indemnity Company.
w
M.
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 _a c, // l �I �l �I at Newport Beach, California.
BY 0Sad,9- tom F HF
City Clerk\
•
0
TO: Mayor and Members of the City Council
FROM: Public Works Department
1Z- (3Y/74)
May 26, 1998
CITY COUNCIL AGENDA
ITEM NO. s
BY THE CITE COUNCIL
CITY OF Wr ,' 3��
MAY 2 6 i {
t
APPROVED
SUBJECT: MACARTHUR BOULEVARD WIDENING — WALL AGREEMENT
RECOMMENDATION:
Authorize an Agreement with the Big Canyon Country Club and the Big Canyon
Community Association that provides for cost sharing to construct a wall along a portion
of the westerly side of MacArthur Boulevard.
DISCUSSION:
• The Big Canyon Country Club and the Big Canyon Community Association have
requested that the City participate in the construction of a, wall along two portions of the
westerly side of MacArthur Boulevard (see attached map). They have asked the City to
contribute 25% of the cost of the wall up to a maximum cost of $50,000. The Irvine
Company will also contribute 25 %. The remainder will come from the Association and
Country Club.
The wall will be constructed across two low areas where Big Canyon homes and the golf
course are visible from MacArthur Boulevard. These areas have been modified by the
widening project by removing landscaping and grading a berm. Noise tests taken before
and during construction have indicated a small increase in noise levels. The noise level is
not high enough to require that the City construct a noise wall as a part of the road
widening project.
In the past when affected parties have agreed to pay a substantial portion of the costs,
the City has participated in the project. The proposal requests that the City contribute
25 %of the wall costs up to $50,000.
The Agreement between the City, the Big Canyon Country Club and the Big Canyon
Community Association provides:
1. That the City will contribute 25% of the cost of designing and constructing two walls up
. to a maximum contribution of $50,000.
a
SUBJECT: MACARTHUR BOULEVARD WIDENING — WALL AGREEMENT
May 26, 1998 •
Page 2
2. That the City's contribution will be made based on bids received for the wall
construction after the designs are approved by the parties to the Agreement.
3. That the wall be designed to be aesthetically pleasing from the roadway side and that
provisions be made to provide for landscaping and /or vines on the roadway side of the
wall.
4. That Big Canyon Country Club and Big Canyon Community Association agree that the
City has no further obligation to construct or participate in the construction of noise
attenuation facilities along MacArthur Boulevard between San Joaquin Hills Road and
Ford Road.
5. That the Big Canyon Country Club and Big Canyon Community Association be
responsible for the design, construction and maintenance of the walls and that the
walls shall be constructed outside the MacArthur Boulevard right -of -way.
This project can be considered to be necessary because of the widening of MacArthur
Boulevard and the potential slight increase in noise and visibility from the new roadway. It •
is recommended that the contribution be funded from unappropriated CIOSA funds.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
DON WEBB, DIRECTOR
Attachment: Agreement
•
f: \ groups\ pubworks \council\98\may- 26 \wall.doc
COOPERATIVE AGREEMENT
• THIS COOPERATIVE AGREEMENT ( "Agreement ") is made as of
1998 by and between BIG CANYON COUNTRY CLUB
(BCCC), a private, non - profit mutual benefit corporation, BIG CANYON COMMUNITY
ASSOCIATION (BCCA), a private, non - profit mutual benefit corporation and THE CITY
OF NEWPORT BEACH, a municipal corporation ( "CITY ").
RECITALS
A. City of Newport Beach has awarded the Griffith Company a construction
contract to widen and reconstruct the segment of MacArthur Boulevard extending
between San Joaquin Hills Road and Ford Road ( "Project "). A portion of the Project is
located adjacent to the easterly boundary of real property owned by BCCC which has
been improved as a golf course ( "Site "). The project has removed landscaping and
modified a berm in two areas visible from Big Canyon residents and the golf course.
B. Noise tests taken before and during the construction of the project show an
increase in noise levels. Measured noise levels are below the level at which the CITY is
required to construct noise attenuation facilities.
C. BCCC and BCCA desire to construct walls across the two areas where
MacArthur Boulevard is visible from the golf course and Big. Canyon residences to
address the visual and noise impacts claimed to have resulted from the project. BCCC &
BCCA have asked the CITY and THE IRVINE COMPANY (TIC) to participate in the
funding of the design and construction of the walls.
D. The CITY in the past has agreed to fund walls adjacent to road construction
projects, beyond the normal CITY responsibility, when the benefited property owners
have agreed to fund a substantial portion of the cost. BCCC and BCCA have requested
that the CITY contribute 25% of the cost up to $50,000.
E. The CITY, BCCC and BCCA desire to work together to provide for the joint
needs of the parties and resolve any differences regarding the Project.
NOW, THEREFORE, taking the foregoing Recitals into account and for other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. The CITY will contribute 25% of the cost of designing and constructing the walls,
provided CITY's contribution shall not exceed the sum of $50,000.
2. CITY shall have the right to prior approval of the design of the wall. The CITY's
contribution for construction of the wall shall be based on bids received on the
approved design. BCCC & BCCA agree to obtain at least three (3) bids for wall
construction.
9 0
3. The wall shall be designed to be aesthetically pleasing from the roadway side and
shall allow for landscaping and /or vines on the roadway side of the wall.
4. The BCCC and BCCA agree that the CITY shall have no further obligation to •
construct or participate in the construction of noise attenuation facilities along
MacArthur Boulevard between San Joaquin Hills Road and Ford Road.
5. The BCCC and BCCA shall be solely responsible for the design, construction and
maintenance of the walls and that the walls shall be constructed on BCCC &
BCCA property, outside the MacArthur Boulevard right -of -way.
6. Indemnification.
(1) BCCC and BCCA shall indemnify, defend and hold harmless CITY from all
claims, injuries, damages, losses, cost or expense, including costs of defense,
arising out of, or in any way related to, the design and construction or
maintenance performed by BCCC and BCCA or any of its agents pursuant to
this Agreement.
(2) CITY shall be named as an additional insured on all contracts for construction
of the wall.
7. Specific Performance. The Parties acknowledge that monetary damages would
be extremely difficult or impossible to ascertain in the event of a breach of the
provisions of this Agreement and that other remedies at law are inadequate given
the unique commitments of this Agreement. Accordingly, the Parties agree that
specific performance is the only appropriate remedy for any breach of this
Agreement and neither Party shall be entitled to monetary damages, attorney fees
or costs by reason of any default under this Agreement.
8. Captions. The paragraph headings or captions used herein are for convenience
only and are not a part of this Agreement and do not limit, define or amplify the
scope or intent of the provisions of this Agreement.
9. Governing Law. This Agreement shall be governed by and construed in
accordance with the internal laws of the State of California without reference to any
conflicts or choice of law principles.
10. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be deemed an original but all of which shall constitute one and the
same document. Any signature page of this Agreement may be detached from
any counterpart of this Agreement and re- attached to any other counterpart of this
Agreement identical in form hereto but having attached to it one or more additional
signature pages.
E
2
•
i
11. Entire Agreement. This Agreement contains the entire agreement between the
parties relating to the subject matter thereof. Any oral or other written
representations or statements concerning the subject matter thereof shall be of no
force or effect.
12. Successors. This Agreement shall inure to and bind BCCC and BCCA and its
successors and assigns. Newport Beach shall have no right to transfer or assign
its rights or obligations under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin L. Clauson.
Assistant City Attorney
City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
3
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
City of Newport Beach
Big Canyon Country Club
a private corporation
0
President
Big Canyon Community Association
a private corporation
By:
President
f:\groups\pubworks\agmt\98\big-cany-l.doc
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MacArthur Boulevard
Wall Agreement
Exhibit w ° °-
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MAY -21 -1998 10:42 BIG CANYON COUNTRY CLUB ?14 ?20 9338 P.01i01
Big Canyon Country Club
David 1.1. Voorhece, CCM
6amul hiffli 7
May 21., 1998
Mr. Kevin Murphy
City Manager
City of Newport Beach
P. O. Box 1768.
Newport Beach, CA 92658 -8915
Dear Mr. Murphy
"REC 1VrfD AFTER AGENDA
PRINTED'. -
• As a. follow up to our conversation, this letter will serve to confirm the club's agreement in
principal of the cooperative agreement as drafted by your office regaiding the walls along
MacArthur Blvd.. Final approval is contingent on a number of factory including
agreements between the Club and the Irvine Company, the Club and' the Big Canyon
Homeowner's Association, review by club counsel, and the approval) of the Club's Board
of Director's.
We are pleased that the cooperation of all parties has allowed this mdt:ter to proceed to
this point. Collectively we can bring this matter to a mutually beneficial conclusion.
Sincerely,
David H. Voorhees, CCM
General Manager
DHV /vm
cc: Keith hosing, M.D., Club President
John W. Hamilton
r1
L_j
Ont big Canyon Drivf- Newport heath, California 92660-5299 - Td: (714) 644 5404 Pax: (714) 720 -9338
TOTAL P.01i01
MAY -21 -1998 1156 714 ?20 9338 961 P.01
i
CITY OF NEWPORT BEACH
ij
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 22, 1999
K.A.S. Equipment and Rental, Inc.
P.O. Box 9570
Ontario, CA 91762
Gentlemen:
Thank you for your courtesy in submitting a bid for the Sound Walls for Segment 2
Construction of the MacArthur Boulevard Widening - 0.4 Miles North of San Joaquin
Hills Road to Ford Road (Contract No. 2825K) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT AACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 22, 1999
R. J. Bullard Construction
26506 San Torini Road
Mission Viejo, CA 92692
Gentlemen:
Thank you for your courtesy in submitting a bid for the Sound Walls for Segment 2
Construction of the MacArthur Boulevard Widening - 0.4 Miles North of San Joaquin
Hills Road to Ford Road (Contract No. 2825 -K) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 22, 1999
R. Fox Construction, Inc.
1191 N. Knollwood Circle
Anaheim, CA 92801
Gentlemen:
Thank you for your courtesy in submitting a bid for the Sound Walls for Segment 2
Construction of the MacArthur Boulevard Widening - 0.4 Miles North of San Joaquin
Hills Road to Ford Road (Contract No. 2825 -K) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
11 `'� NEWPORT BEACH
GI�,�'Y OF
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 22, 1999
M. Ahmadi Constuction & Engineering, Inc.
133 N. Pixley St.
Orange, CA 92868
Gentlemen:
Thank you for your courtesy in submitting a bid for the Sound Walls for Segment 2
Construction of the MacArthur Boulevard Widening - 0.4 Miles North of San Joaquin
Hills Road to Ford Road (Contract No. 2825 -K) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMCIAAE
City Clerk
3300 Newport Boulevard, Newport Beach
OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 22, 1999
4 -Con Engineering, Inc.
896 W. 10`" Street
Azusa, CA 91702
Gentlemen:
Thank you for your courtesy in submitting a bid for the Sound Walls for Segment 2
Construction of the MacArthur Boulevard Widening - 0.4 Miles North of San Joaquin
Hills Road to Ford Road (Contract No. 2825 -K) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY CLERK
4-111,199
CITY OF NEWPORT BEACH
PLANS, SPECIFICATIONS, AND
CONTRACT DOCUMENTS FOR
SOUND WALLS FOR SEGMENT 2 CONSTRUCTION OF
MACARTHUR BOULEVARD WIDENING
0.4 MILES N/O SAN JOAQUIN HILLS ROAD
TO FORD ROAD
Contract No 2825-UK
City of Newport Beach
Department of Public Works
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
(949) 644 -3311
TABLE OF CONTENTS
PAGE
NOTICE TO CONTRACTORS ............................................... ............................... N-1
CONTRACT DOCUMENTS
Scope of Work ............................................. ...............................
NoticeInviting Bids .........................................................
..............................1
Instructions to Bidders .....................................................
..............................2
Bidder's Bond .................................................................
..............................4
Designation of Subcontractor(s) ........................................
..............................5
Technical Ability and Experience References .......................
..............................6
Non - Collusion Affidavit ....................................................
..............................7
Notice to Successful Bidder ..............................................
..............................8
Contract........................................................................
..............................9
Labor and Materials Payment Bond ...................................
.............................15
Faithful Performance Bond ..............................................
.............................17
PROPOSAL........................................................................... ...............................
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
Vl.
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.
Tree Removal and Tree Pruning ...................... ...............................
SP -5
XV.
Payment ...................................................... ...............................
SP -5
XVI.
Solid Waste Diversion ................................... ...............................
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
- Sound Wall (Masonry Block) ...........................................
SP -7
TABLE OF CONTENTS (cont.)
SPECIAL PROVISIONS
PAGE
XVIII. Construction Details ...................................... ............................... SP -7
A. Sound Walls ( cont) .............................. ............................... SP-7
- Stucco .......................................... ............................... SP -9
- Reinforcement ............................. ............................... SP -1 1
- Measurement and Payment ............ ............................... SP -12
- Tempered Glass Sound Wall Panels & Glazing System ...... SP -12
Ll
0
PAGE 1
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, CA 92658 -8915
until 2:00 p.m. on the 17"' day of December, 1998,
at which time such bids shall be opened and read for
SOUND WALLS FOR SEGMENT 2 CONSTRUCTION OF
MACARTHUR BOULEVARD WIDENING
0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO FORD ROAD
Title of Project
Contract No. 2825 (K)
$150,000.00
Engineer's Estimate
J,,AAP roved b
W
Don Webb
Public Works Director
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport
Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915.
For further information, call Gail Pickart, Project Manager at (949) 673 -6779.
0 0
PAGE 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SOUND WALLS FOR SEGMENT 2 CONSTRUCTION OF MACARTHUR BOULEVARD
WIDENING 0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO FORD ROAD
CONTRACT NO. 2825 (K)
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 % of the total bid price) maybe
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.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. 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.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. 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.
PAGE 3
The securities shall be deposited in a state or federal chartered bank in California, as the
•' escrow agent.
8. 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).
9. 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".
10. 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.
The signature below represents that the above has been reviewed.
' 610050 to 14
Contractor's License No. & Classification
' CooQE(t SALKNot tWD &(ifrAcA); TA)c
Bidder Q
/ PRE5
Authorized Sig e/Title
' 12 -W -9$
Date
11
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I. • 0
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SOUND WALLS FOR SEGMENT 2 CONSTRUCTION OF MACARTHUR BOULEVARD
' WIDENING 0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO FORD ROAD
CONTRACT NO. 2825 (K)
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 represents that he /she is fully qualified to and 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.
' Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
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
1.
fhASONAK1
"THE 3ASPE2 Co.
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2.
&LASS So�vuD IJAL�
j ,ig G,ASSc(LAFTC45Z
'2(oS tJ CGKooe °'S.
AnNh
3.
'
4.
5.
6.
'
7.
'
8.
9.
'
10.
'
CcYeil
Nct4ttf ARID E61.tCt f CjUT_
Q
Tiuc. /
//
i�/ PRfS
Bidder
Authorized SidnaltrAftitle
CITY OF NEWPORT BEACH PAGE
PUBLIC WORKS DEPARTMENT
SOUND WALLS FOR SEGMENT 2 CONSTRUCTION OF MACARTHUR BOULEVARD
WIDENING 0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO FORD ROAD
I
CONTRACT NO. 2825 (K)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
' The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year Project Person Telephone
Completed Name /Aaencv To Contact Number
' MID '32�06E VILA ICALTXANS
' 19q7 eo,veWrr VA9;uu5 1CAOWANS DAVE rA- 71q- 4;5(o -o78S
Igq-I SO�tN9 WALL CAl.7'AANS VCANtVA R. -71-( - 49i -fie
095 �un,cKE ST2ucz+�Rr /CA�TaaAJS HaSSAini #1I. 7)4- S94-203J
199$ &AJUrlC- \/AR ,'ouSICALTRANS S69 C> 71�- SS6 -o�85
tgq 7 RET'AiAJ W dLL 1/ eiTI ar 9rt,V &e;ooui¢ 6019y V
199-7 k6rA-ti1 I SOlAN1) 1A)AL.L.5 ( .IASPEie Co. 2icN 71ry "syb'S��(a
' oTgeft AuA;I -A&_6
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' �[n�'V��/
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Bidder Authorized Signature/Title
1
I
PAGE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
' SOUND WALLS FOR SEGMENT 2 CONSTRUCTION OF MACARTHUR BOULEVARD
WIDENING 0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO FORD ROAD
tCONTRACT NO. 2825 (Kl
NON - COLLUSION AFFIDAVIT
' State of Califomia )
) ss.
County of )
' being first duly sworn, deposes and says that he or she is
Of , 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 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 of the laws of the State of California that the foregoing is true
' and correct. Q
boot BACILHOC AND 'COW,17M Ni Tk)c- /��� PafS .
Bidder Authorized Signature[Title
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ORANGE COUNTI
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Notary Public
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californ'
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County of
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On before
Date
personally appeared
SANDI F.7A
COMM. o MOW z
`i Nofary Publlo — Colifomla
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My Comm. Expires FEB 1, 1999
Place Notary Seal Above
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and
impersonally known to me
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to be the person( whose name(4 is/q%
subscribed to the within instrument and
acknowledged to me that helsheAh y executed
the same in hislherAh it authorized
capacity_W, and that by hisl14eFk#teir
signature(*ron the instrument the personK, or
the entity upon b hich the per
acted, ex ed the instrument.
WITNESS nN hand and
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docu��!!en�
Title or Type of Docu mentAW -'111 --w
>> V f tl/T
Document Date: I Li, 1 7" / Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
orporate Officer — Title(s):
❑ Partner —❑ Limited ED General
❑ Attorney in Fact
❑ Trustee
O Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1997 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 • ChatswortR CA 91313 -2402 Prad. No, 599/ Kama.,: can mn -rree i- aw- o,o -oou
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT NO. 2825 (K)
CONTRACT
0
PAGE
THIS AGREEMENT, entered into this 11T" day of January, 1999, by and between the CITY
OF NEWPORT BEACH, hereinafter "City," and Cooper Backhoe and Equipment, Inc., hereinafter
"Contractor," is made with reference to the following facts:
A. WHEREAS, City has advertised for bids for the following described public work:
SOUND WALLS FOR SEGMENT 2 CONSTRUCTION OF MACARTHUR BOULEVARD
WIDENING 0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO FORD ROAD
Project Description
2825 (K)
Contract No.
B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder
and Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
CONTRACT DOCUMENTS The complete Contract for the Project includes all of
the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal,
Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and
Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard
Special Provisions, Plans and Special Provisions for Contract No. 2825 (K), Standard
Specifications for Public Works Construction (current edition) and all supplements and
this Agreement, and all modifications and amendments thereto (collectively the
"Contract Documents "). The Contract Documents comprise the sole agreement
between the parties as to the subject matter therein. Any representations or
agreements not specifically contained in the Contract Documents are null and void.
Any amendments must be made in writing, and signed by both parties in the manner
specified in the Contract Documents.
2. SCOPE OF WORK Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services required for the
Project:
0 0
PAGE 10
All of the work to be performed and materials to be furnished shall be in strict
accordance with the provisions of the Contract Documents. Contractor is required to
perform all activities, at no extra cost to City which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. As full compensation for the performance and completion of the Project as required by
the Contract Documents, City shall pay to Contractor and Contractor accepts as full
payment the sum of one hundred forty -eight thousand, eight hundred twenty -nine and
50/100 Dollars ($148,829.50)
This compensation includes:
(a) Any loss or damage arising from the nature of the work,
(b) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(c) Any expense incurred as a result of any suspension or discontinuance of the work,
but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5
on the Richter Scale and tidal waves, and which loss or expense occurs prior to
acceptance of the work by City.
4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract,
before making its final request for payment under the Contract Documents, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Contract. Contractor's acceptance of the final payment shall constitute a waiver of all
claims for compensation under or arising out of this Contract except those previously
made in writing and identified by Contractor in writing as unsettled at the time of its
final request for payment.
5. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Gail Pickart
(949) 673 -6779
6. LABOR CODE 3700 LIABILITY INSURANCE
Contract, hereby certifies:
CONTRACTOR
Cooper Backhoe and Equipment, Inc.
1100 Irvine Boulevard, Suite 509
Tustin, CA 92780
(714) 543 -1093
Contractor, by executing this
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
7. INSURANCE
!
PAGE 11
(a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII
and insurers must be a California Admitted Insurance Company.
(b) Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All certificates and endorsements
are to be received and approved by City before work commences. City reserves
the right to require complete, certified copies of all required insurance policies, at
any time.
(c) Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Contractor,
his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Contractor's bid.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage "occurrence" form
number CG 0001 (Edition 11185) or Insurance Services Office form number GL 0002
(Edition 1/73) covering Comprehensive General Liability and Insurance Services
Office form number GL 0404 covering Broad Form Comprehensive General Liability.
2. Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
B. Minimum Limits of Insurance
Coverage limits shall be no less than:
1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
11
PAGE 12
3. Workers' Compensation and Employers Liability: Workers' compensation limits as
required by the Labor Code of the State of California and Employers Liability.
C. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
(a) City, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by or
on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises owned,
occupied or used by Contractor; or automobiles owned, leased, hired or
borrowed by Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to City, its officers, officials, employees or
volunteers.
(b) Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's insurance
and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
(d) Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(e) The insurance afforded by the policy for contractual liability shall include liability
assumed by contractor under the indemnification /hold harmless provision
contained in this Contract.
2. Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
0
3. All Coverages
11
PAGE 13
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to City.
E. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
F. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and /or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
A. City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
B. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole or active negligence or willful misconduct of City, its officers or employees.
'ACORD CERTIFICAW OF LIABILITY
INSU _ � NC4g wM DATE
DOPE -1 Ol/14J99
PRODUCER .
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wood- Gutmann Insurance Brokers
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License #0679263
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3100 Bristol Street, Suite 390
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Costa Mesa CA 92626
COMPANY I /
A $United Capitol Insurance
Diane Fortner
Phorvela. 714 -557 -0800 FaXNe.714- 557 -4132
INSURED
COMPANY
B L_. Transportation Insurance Co.
COMPANY
C Transportation Insurance Co.
Cooper Backhoe S ECp. Corp.
Howard and Denise Cooper
COMPANY
D
1801 Park Court PL,Bldg E- #201
Santa Ana CA 92701
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 14AVE 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 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER POLICY
EFFECTIVE
DATE(MM/DD/YY)
POLICY EXPIRATION
DATE(MWDD/YY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
s2000000
A
X
COMMERCIAL GENERAL LIABILITY
GLA1252503
07/09/98
07/09/99
PRODUCTS - COMP /OP AGG
$1000000
CLAIMS MADE O OCCUR
PERSONAL B ADV INJURY
$1000000
X
OWNEWSSCONTRACTOR'S PROT
EACH OCCURRENCE
$1000000
FIRE DAMAGE (Any one fire)
$50000
MED EXP(Any one Person)
$5000
B
AUTOMOBILE
LIABILITY
ANY AUTO
BUA1075303285
12/20/98
12/20/99
COMBINED SINGLE LIMIT
51,000,000
X
BODILY INJURY
(Per Person)
E
ALL OWNED AUTOS
SCHEDULED AUTOS
��\
X
DILYINJDRY
Per aecid nt)
5
HIRED AUTOS
NON -OWNED AUTOS
IN
X
TYO GE
$
JA
GARAGE LIABILITY
I UAlt
K MANAG
AUTO ONLY EA ACCIDENT
E
OTHER AUTO ONLY:
ANY AUTO
EACH ACCIDENT
5
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
$
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
X WC STATU- OER
ER
EL EL EACH ACCIDENT
S110001000
L+
THE PROPRIETOR/
PARTNERSIEXECUTIVE INCL
10/01/98
10/01/99
EL DISEASE • POLICY LIMIT
E1,000,000
EL DISEASE• EA EMPLOYEE
$ 1 000 000
OFFICERS ARE: X EXCL
OTHER
DESCRIPTION OF OPERATIONS40CATIONSNEHICLESISPECIAL ITEMS
*10 DAY NOTICE OF CANCELLATION FOR NON - PAYMENT OF PREMIUM.The Certificate
Holder is named as Additional Insured per the attached endorsement
E0154.Contractors Insurance shall be primary and non- contributory.Waiver of
Subrogation applies to Workers Compensation per attached endorsement.
CERTIFICATE HOLDER
CANCELLATION
NEW2001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL )MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Newport Beach
3300 Newport Blvd.
Newport Beach CA 92659
AUTHOR ESEN A
Dia e
ACORD 253 (1195)
" ACORD CORPORATION 1998
ENDORSEMENT
E0154
(s.n. (Mmi z) ("v. a ?ft)
ENDT. NO. 20
ADDITIONAL INSURED
IT IS AGREED, FOR AN ADDITIONAL FLAT FULLY EARNED PREMIUM OF $125.00, COVERAGE IS
PROVIDED TO THE ADDITIONAL INSURED(S) NAMED IN THIS ENDORSEMENT AS FOLLOWS:
1. SECTION II OF THE POLICY, ENTITLED "WHO IS AN INSURED ", IS AMENDED TO INCLUDE AS
AN INSURED THE PERSON OR ORGANIZATION NAMED BELOW, BUT ONLY WITH RESPECT TO
LIABILITY ARISING OUT OF OPERATIONS PERFORMED FOR SUCH ADDITIONAL INSURED BY
OR ON BEHALF OF THE NAMED INSURED.
2. THE APPLICABLE LIMIT OF THE COMPANY'S LIABILITY SHALL NOT BE INCREASED BY THE
INCLUSION OF ANY NUMBER OF ADDITIONAL INSUREDS.
3. OTHER THAN AS EXPRESSLY MODIFIED HEREIN, COVERAGE FOR THE ADDITIONAL INSURED
IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS POLICY, INCLUDING THE INSURING
AGREEMENTS.
4. THE COVERAGE PROVIDED FOR "ADDITIONAL INSUREDS" IS ONLY TO THE EXTENT THE
LIABILITY OF SUCH ADDITIONAL INSUREDS IS SOLELY BASED UPON THE PRODUCTS, ACTS,
ERRORS OR OMISSIONS OF THE NAMED INSURED. NO COVERAGE IS PROVIDED FOR
LIABILITY BASED UPON THE PRODUCTS, ACTS, ERRORS OR OMISSIONS OF THE ADDITIONAL
INSURED.
5. NO COVERAGE IS PROVIDED TO AN ADDITIONAL INSURED FOR DAMAGES BECAUSE OF
BODILY INJURY TO AN EMPLOYEE OF THE NAMED INSURED, WHETHER SUIT IS BROUGHT
OR CLAIM IS MADE BY THE EMPLOYEE OR THE PARENT, SPOUSE, CHILD OR SIBLING OR
SUCH EMPLOYEE, OR ANY ENTITY SEEKING DAMAGES BECAUSE OF INJURY TO SUCH
EMPLOYEE.
The City of Newport Beach
its Officers, Officials, Employees and Volunteers
INSURANCE APPR °
l ,�( PREMIUM $ 2 5 i
DA, rr STATE TAX FEE 3% $
JSK hSAnae( cp STAMPING FEE.35 %$,
TOTAL DUE $1z�
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
Policy Number Insured ffective
GLA 1252503 COOPER BACKHOE & EQUIPMENT CORP. 01/13/99
UNITED CAPITOL IN COMPANY
0
ENDORSEMENT
Policy Number: WC1075304825
Worker's Compensation Carrier: Transportation Insurance Co.
l wil t ' 81W.WeRl
IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE
MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN
THE SCHEDULE BECAUSE OF PAYMENT WE MAKE FOR INJURY OR
DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A
CONTRACT WITH THAT PERSON OR ORGANIZATION.
Name of Person or Organization:
The City of Newport Beach, its officers, officials, employees and volunteers.
INSURANCE APP SK R
� � -C-
--- MANAGER
Date: 1/14/99
Authorized Signature:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
0
SOUND WALLS FOR SEGMENT 2 OF
MACARTHUR BOULEVARD WIDENING PROJECT
0.4 MILES N/O SAN JOAQUIN HILLS ROAD TO FORD ROAD
CONTRACT NO. 2825 (K)
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
Gentlemen:
PAGE 1A
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 (K) 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
2. Lump Sum
' 3. 575 L.F
1
@ -rAky t 41 so -r,( , /I uh4ked Dollars
and
AJv Cents $ 3 C0. `O
Per Lump Sum
Construction Survey & Staking
@ I Wo 1 )40USAND Dollars
and
NO Cents $ ?';ODO "
Per Lump Sum
Install, Maintain and Remove 6'
Temporary Chain Link Fencing
@ j NQtE Dollars
and
�i FT �/ Cents $ 3,�0 $ 2,0/ 2 . 5-'v Per Linea Foot
• • PAGE 1A
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. Lump Sum Remove Walls and Fences
@ TEN -74ousAn/D Dollars
and
A10, Cents $ /,7r o00
1 Per Lump Sum
5. 2,051 S.F. Construct Masonry Sound
1 Wall and Footings
@ 'FNuZT)( CEVEAf Dollars
' and
NO Cents $ 37.`' 144 $$7.0—°
Per Square Foot
' 6. 507 L.F. Construct Tempered Glass
Sound Wall Panels and
Glazing System
@ Dollars
U and
' 110 Cents $ q0•00 S 5 &3o
Per Linear Foot
' 7. 7 Each Construct Masonry Pilaster
and Footing
@ Dw 'rawAmD rwi2 Ifu/uDRCD Dollars
' and
n/p Cents $ 1301),4o S 800
'-• ' ff `` Per Ea�/ch f
1 t7Yti2 ✓g�1T0Y� 2 hf� e�krV� Dollars
fW6k tt�/ YLCN2Srj and 3 0 0
' f I PTV Cents $ ���, UZq• —
TOTAL 1310 PRICE (WORDS) TOTAL BID PRICE (FIGURES)
f .noQE2 6ACKHu6 AND EQct�Pw�E � Svc.
Date Bidder
' 71V-513-IOU C�A � ?aES.
Bidder's Telephone No. Bidder's Aut n ad Signature &Title
5-bo5o, A ,p. 112000 #C0 _T12v;N6 BL.VA "k561 TT T �:U CA - 91740
' Bidder's License No., Bidder's Address
Classification, and
Expiration Date
0
January 11, 1999
CITY COUNCIL AGENDA
ITEM NO. 12
t eY T_HE c+ry r— courl� cN I
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL I JM j '
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: AWARD OF CONTRACT NO. 2825 (K) —SOUND W
2 OF MACARTHUR BOULEVARD WIDENING C — ?8s( t,-)
RECOMMENDATIONS:
1. Award Contract No. 2825(K) to the lowbidder, Cooper Backhoe and Equipment,
Inc., for the total bid amount of $148,823.00; and authorize the Mayor and the
City Clerk to execute the contract.
2. Establish an amount of $14,883.00 for unforeseen work and changed conditions.
3. Approve a budget amendment appropriating $163,712.50 from the Circulation
and Transportation Fund to Account No, 7261- C5100066.
DISCUSSION:
On October 26, 1998, the City Council approved the plans and specifications for the
sound wall construction associated with Segment 2 of the MacArthur Boulevard
Widening Project, and authorized the staff to advertise for bids. The Segment 2 Sound
Walls are to be constructed along the rear of six residential lots fronting on Port
Manleigh (see attached exhibit).
At 2:00 PM on December 17, 1998, the City Clerk opened and read six bids for the
subject work. One of the bids was disqualified because the Bid Proposal was unsigned.
The five responsive bids are as follows:
BIDDER TOTAL BID AMOUNT
Low Cooper Backhoe and Equipment, Inc. $148,829.50
2 KAS Equipment & Rental, Inc. 149,378.50
3 4 -CON Engineering, Inc. 169,563.50
4 M, Ahmadi Construction & Engineering, Inc. 191,659.00
5 R. J. Bullard Construction, Inc. 219,270.00
The low total bid amount is 0.8% below the Engineer's Estimate of $149,985.00.
F:\ Users% PBMSharedlCCUNCILNFY98.99Uan -11 \Sound Walls C- 2825 -Kdoc
SUBJECT: AWARD OF C1RACT NO. 2825 (K) — SOUND WALLS FOR *ENT 2 OF MACARTHUR
BOULEVARD W DENING
January 11, 1999
Page: 2
RECOMMENDATION:
The low bidder, Cooper Backhoe and Equipment, Inc., has not previously performed
any construction work under contract with the City of Newport Beach, however, their bid
indicates they have satisfactorily performed similar projects under contracts with
Caltrans and the City of San Clemente.
The references listed in their bid were checked and positive responses and
recommendations were received. Staff therefore recommends award of the contract for
construction of the MacArthur Boulevard Segment 2 Sound Walls to Cooper Backhoe
and Equipment, Inc.
The contract specifications provide for the work to be completed in 50 working days.
This means that if construction work commences by February 1, 1999, it should be
completed by approximately April 15, 1999.
Construction management and inspection for this contract will be provided by the firm of
Deist- Binsfield, Inc., based upon authorizations approved by the City Council on June 9,
1997 and on December 14, 1998. Similarly, geotechnical services and materials testing
will be provided by the firm of AGRA Earth and Environmental based upon
authorizations approved by the City Council on the above dates.
FUNDING:
FROM
TO
AMOUNT
Circulation and Trans ortation Fund
7261 - (5100066
$163,713.00
Respectfully submitt ,
PUBLIC RKS DEPARTMENT
Don Webb, Director
B y/A J
Gail Pickart.
Project Management Consultant
Attachments: Project Location Map
Exhibit "A"
Bid Summary
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C6-1 of Newport Beach
UDGET AMENDMENT
1998 -99
ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations AND
Transfer Budget Appropriations
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 034
AMOUNT: $163,712.sp
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To appropriate $163,713 to construct a soundwall as part of the MacArthur widening Project Segment 2.
The soundwall will be located along the rear of six residential lots fronting on Port Manleigh.
This multi -year project has several different funding sources including the Gas Tax Fund, Contributions
Fund, Circulation and Transportation Fund, CIOSA Fund and Measure M Fund. Original estimated appropriations for all
funding sources from this project totaled $11,800,000. Alterations of estimates and budget amendments
over the project's life have resulted in an increase to $14,464,047. Funding sources for the amendments were mostly from
CIOSA and Circulation and Transportation Fund Balances.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE
Debit Credit
Fund Account
Description
260 3605
Fund Balance Control
$163,71250 •
.
REVENUE APPROPRIATIONS (360 1)
Fund /Division Account
Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7261
Transportation and Circulation
Account Number C5100066
MacArthur Widening Improvements
$163,712.50
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Automatic System Entry.
Signed: lfUl
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Fi proval: Finance Director
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Sivoed: ��a�� C
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A mini t va
ity ar
Signed:
City Council Approval: City Clerk Date
C* of Newport Beach • NO. BA- 034
I BUDGET AMENDMENT ol.
1998 -99 AMOUNT: $163,712.50
ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates 8 Increase in Budgetary Fund Balance
Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance
LLL Transfer Budget Appropriations No effect on Budgetary Fund Balance
from existing budget appropriations
from additional estimated revenues .AN
X from unappropriated fund balance
c... cr...�,....,..
This budget amendment is requested to provide for the following:
To appropriate $163,713 to construct a soundwall as part of the MacArthur widening Project Segment 2.
The soundwall will be located along the rear of six residential lots fronting on Port Manleigh.
This multi -year project has several different funding sources including the Gas Tax Fund, Contributions
Fund Circulation and Transportafion Fund CIOSA Fund and Measure M Fund. Original estimated appropriations for all
funding sources from this project totaled $11,800,000. Alterations of estimates and budget amendments
over the project's life have resulted in an increase to $14,464,047. Funding sources for the amendments were mostly from
CIOSA and Circulation and Transportation Fund Balances,
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE
Debit Credit
Fund Account
Description
260 3605
Fund Balance Control
$163,712.50
REVENUE APPROPRIATIONS (3601)
Fund /Division Account
Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7261
Transportation and Circulation
Account Number C5100066
MacArthur Widening improvements
$163,712.50
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
/
Automatic System Entry.
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Signed: l!
7
i Financi pproval: Finance Director
S y ted: s� �.�+�
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A mmiinu/s rative Approval:
City
Date
pManager
Signed:
City Council Approval: City Clerk
Date
Authorized to Publish Advertisements ds including public notices by
occree or the Superior Court of Orary California. Number A -6214,
September 29, 1961, and A -2M1 )tm
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City' of Costa Mesa, County
of Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
November 14, 1998
November 16, 1998
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on November 16 , 199 $_
at Costa Mesa, California.
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TO: Mayor and City Council Members
FROM: Public Works Department
SUBJECT: MACARTHUR BOULEVARD WIDENING —
CONSTRUCTION CONTRACT NO. 2825
RECOMMENDATIONS:
c38Ae!5�
October 26, 1998
ITY.00UNCIL AGEI
By THE W'rlC4�7F14A.. 5
l
1. Approve a Sound Wall Construction and Encroachment Agreement with six
individual property owners along Port Manleigh Circle.
2. Approve the Plans and Specifications for Segment 2 Sound Wall Construction
and authorize staff to advertise for bids.
DISCUSSION:
Background
The MacArthur Boulevard Widening project extends from Pacific Coast Highway to Ford
Road /Bonita Canyon Road and is being constructed in two segments. Segment 1
covers Pacific Coast Highway to San Joaquin Hills Road and Segment 2 covers San
Joaquin Hills Road to Ford Road /Bonita Canyon Road. At four locations along the
easterly side of MacArthur Boulevard, sound attenuation walls are required in order to
mitigate the impact of traffic noise on residential areas. A map of the project area is
attached for reference.
Contracts for sound wall construction are being administered separately from street
widening construction contracts because of the distinctly different nature of the work.
Both the street widening and sound wall construction contracts for Segment 1 have
been completed. The City Council awarded the Segment 2 street widening construction
contract to the Griffith Company on June 9, 1997. The staff report for that agenda item
set forth the overall budget for Segment 2 which included the Segment 2 sound walls
with an estimated construction cost of $150,000.
Segment 2 street widening construction is currently scheduled for completion in late
January 1999. The remaining construction contract to be administered involves six foot
high sound attenuation walls along the rear of six residential lots facing Port Manleigh
Circle which are the properties identified in the environmental impact report as needing
mitigation for traffic noise from this segment of MacArthur Boulevard widening.
SUBJECT: MacArthur Boulevard Vong - Segment 2, Sound Wall Construction Contra* 2825
October 26, 1998
Page: 2
Sound Walls
Because of the topography along the easterly side of MacArthur Boulevard, the
preferred placement of the sound attenuation walls was on the private property lines
and along alignments away from the roadway edge. These locations result in the most
economical construction cost, most effective noise mitigation for the residences, and the
least maintenance responsibility for the City after construction of the walls has been
completed.
When staff initially met with the six property owners along Port Manleigh Circle to
describe the project, the sound wall location was proposed to be along rear yard
property lines essentially replacing the existing boundary fencing which consists of a
combination of masonry and wrought iron. The property owners requested an
alternative alignment placing the new sound wall on adjacent property parallel with and
three feet distant from the common property lines. Part of this three foot strip will be
used for constructing the wall footing. The adjacent property is part of the Freeway
Reservation land that the Irvine Company has dedicated for open space uses.
Staff considered the property owners' request and concluded that an alternate sound
wall location is justifiable based on the following reasons:
1. Constructing the new sound wall along an alignment three feet distant from the
common property line will avoid removing and replacing any substantial existing
backyard improvements thereby decreasing the construction cost;
2. The property owners will accept maintenance responsibility for the sound walls
thereby relieving the City of that long -term obligation, and;
3. The property owners will be responsible for paying all costs associated with
sideyard fencing restoration as well as backyard landscaping and hardscape
replacement.
4. The placement of the wall in the open space area will not reduce the ability of the
public to utilize the overall area.
To document this unique situation, a generic Sound Wall Construction and
Encroachment Agreement was prepared and has been accepted by each of the six
property owners. For reference, one of the signed Agreements is attached as being
representative of all six. The significant items covered by each Agreement are as
follows:
1. A right -of -entry onto private property is granted to the City and its contractors as
necessary to construct the sound wall.
2. The City's contractor will remove the existing boundary wall and fencing and
install a temporary chain link fence to provide security during construction
operations.
f:\groups\pubworks\wtincil\fy98-99\oct-26\macarthur.doc
•
SUBJECT: MacArthur Boulevard Wong — Segment 2, Sound Wall Construction Contra* 2825
October 26, 1998
Page: 3
. 3. On five of the six lots, the sound wall will consist of a masonry bottom and a five -
foot high transparent glass upper portion. The property owner next to Newport
Hills Drive West requested a solid masonry wall for the full height.
4. Each property owner will be responsible for maintaining and repairing the wall
situated adjacent to their lot as a private improvement encroaching onto public
property in a manner similar to numerous other locations in the City where
private improvements are allowed to encroach onto City property or into public
right -of -way under the authorization of a recorded Encroachment Agreement.
5. The City will pay all costs associated with sound wall construction. The property
owners' responsibility to maintain the sound wall will commence when the
contract Notice of Completion is filed.
6. Each property owner will be responsible for paying all costs to replace or extend
any sideyard walls and fencing and to replace or construct any usual backyard
improvements such as landscape plantings, irrigation lines and hardscape.
Staff recommends approval of all six Encroachment Agreements and further
recommends that the Mayor and the City Clerk be authorized to sign the Agreements on
behalf of the City.
If the City Council approves the six Sound Wall Construction and Encroachment
. Agreements, then staff also recommends approval of the plans and specifications for
Segment 2 Sound Wall Construction [Contract No. 2825 (K)] and authorization for staff
to advertise for bids.
Fundin
A budget amendment corresponding to the bid amounts will be presented to the City
Council for consideration at the time staff recommends award of the construction
contract. The cost of the wall construction is now estimated to be $165,500.00.
Respectfully sub fitted,
P C WORKS DEPARTMENT
Don Webb, Director
By: JWP , .
Gail Pickart
Project Management Consultant
. Attachments: Project Location Map
Encroachment Agreement
f:\ groups \pubworks\ council \fy98- 99 \oct- 26\macarthur.doc
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CONSTRUCTION
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CONSTRUCTION
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RECORDING REQUESTIMY AND
WHEN RECORDED RET N TO:
City Clerk
• City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SOUND WALL CONSTRUCTION AND ENCROACHMENT AGREEMENT
THIS AGREEMENT, entered into this day of 1998, by and between the
CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "CITY "), and JAMES
A. & JULIE SCHMIESING (hereinafter referred to as "OWNER ") is made with reference to the
following:
RECITALS:
A. CITY is a municipal corporation duly organized and validly existing under the laws of the State
of California with the power to carry on its business as it is now being conducted under the
• statutes of the State of California and Charter of the City.
B. OWNER owns and has possession of the real property situated within the boundaries of CITY and
commonly identified as 1712 Port Manleigh Circle. The legal description of said property is Lot
53 of Tract No. 6938, as shown on a map recorded in Book 280, Pages 5 through 8 inclusively
of Miscellaneous Maps in the office of the County Recorder of Orange County, California.
C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific
Coast Highway to Ford Road (hereinafter referred to as "PROJECT "). The PROJECT is to be
accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to
approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from
approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road.
D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April
13, 1992. Final EIR No. 150 requires that CITY mitigate excessive roadway noise levels at
certain designated locations by the construction of sound attenuation walls.
E. OWNER'S real property is one of the designated locations in Segment 2 of the PROJECT where
sound mitigation is to be provided.
F. CITY is prepared to have a private contractor construct the sound wall on property owned by
• CITY and located adjacent to OWNER'S real property at no cost to OWNER.
Sound Wall Agreement /sound -5.agr
G. OWNER is preparedeccept the completed sound wall for nWenance, repair, and preservation
purposes.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
Section I. CONSTRUCTION OF SOUND ATTENUATION WALL AND RELATED
IMPROVEMENTS
1. It is mutually agreed that the improvements covered by this Sound Wall Construction and
Encroachment Agreement may include any or all of the following described items:
a. Minimum six -foot high sound attenuation wall constructed of solid masonry or a
combination of solid masonry for the lower portion and transparent glass for the
upper portion.
b. Side yard fence or wall extensions to join the minimum six -foot high sound
attenuation wall.
C. Typical background improvements not requiring building permits such as patio
slabs, wooden decks, low planter walls, irrigation systems, decorative lighting, and
plantings (shrubs, ground cover, and turf) placed in the three -foot wide strip
situated between the lot line and the sound attenuation wall.
2. OWNER hereby grants to CITY and its contractors and professional consultants
permission to enter onto OWNER'S property as necessary to perform the sound wal*
construction work in substantial conformance with the plans (City of Newport Beach
Drawing No. M- 5329 -S consisting of five sheets) and specifications for Contract No. 2825
(K) on file in the CITY.
3. This Sound Wall Construction and Encroachment Agreement shall become effective upon
execution by both CITY and OWNER and shall continue until terminated in accordance
with this agreement, except that the right -of -entry permission provided herein shall
terminate upon satisfactory completion of the sound wall construction and expiration of the
one year warranty period required by the construction contract specifications.
4. Rights granted and obligations established under this Sound Wall Construction and
Encroachment Agreement may not be modified or terminated except by mutual agreement
of the parties. Any such modification or termination shall be in the form of a written
amendment which shall be executed by both CITY and OWNER.
5. OWNER and CITY further agree as follows:
a. CITY shall construct the sound attenuation walls as mitigation for increased traffic
noise identified in the Environmental Impact Report (No. 150) for the MacArthur
Boulevard Widening project. Construction of wall improvements shall be in
substantial conformance with the plans and specifications for Contract No. 2825
Sound Wall Agreement /sound -5.agr 2
(K) wit are on file in the CITY'S Public oks Department. A reduction of
Sheet 2 of the plans depicting the relationship between the sound attenuation walls
and OWNER'S property is attached hereto as Exhibit "A" and incorporated herein
• by reference.
b. OWNER hereby acknowledges and agrees that construction of the sound
attenuation walls in substantial conformance with the plans and specifications for
Contract No. 2825 (K) fulfills and satisfies the CITY'S noise mitigation obligations
for the MacArthur Boulevard Widening project to the extent such obligations
pertain to OWNER's property.
C. CITY will submit sound wall plans and specifications to the Newport Hills
Community Association for architectural review.
d. A building permit for construction of the portion of sound attenuation wall related
to OWNER'S individual lot will be issued by CITY'S Building Department.
e. CITY'S contractor will remove existing rear yard (tract boundary) walls and
fencing, as noted on the plans, exercising care and caution so as to cause minimum
disturbance to existing side yard fencing and to existing landscaping and hardscape
improvements located on OWNER'S property.
f. CITY will pay for all costs associated with the construction of sound attenuation
walls in substantial conformance with the plans and specifications for Contract No.
2825 (K).
g. Upon satisfactory completion of the sound attenuation wall construction work
covered by Contract No. 2825 (K), CITY shall file a Notice of Completion with
the Orange County Recorder and establish that there are no outstanding payment
claims or mechanics' liens before releasing final payment for the completed
contract work.
h. OWNER acknowledges and agrees that upon completion of construction by CITY's
contractor, OWNER shall be fully responsible and obligated for the maintenance,
repair, and preservation of such sound attenuation wall improvements. OWNER'S
maintenance, repair, and preservation responsibility shall commence upon
recordation of the Notice of Completion for Contract No. 2825 (K).
i. OWNER shall be responsible for any desired extension or adjustment of side yard
boundary walls or fences to join the new sound attenuation wall. Similarly,
OWNER will be responsible for constructing any "Authorized Improvements"
desired in the "Encroachment Area" as defined herein.
j. OWNER will pay for all costs associated with "Authorized Improvements" such
as side yard wall and fence extensions and adjustments, hardscape replacement and
construction, and landscape installation and replacement that may be desired by
OWNER.
Sound Wall Agreement /sound -5.agr 3
k. OW* shall be responsible for repairing o4oplacing any CITY improvements
that may be damaged by OWNER in the course of implementing OWNER'S
obligations to maintain, repair, and preserve the sound attenuation wall.
Section II: ENCROACHMENT ONTO CITY PROPERTY
0
1. In consideration for OWNER'S acceptance of the responsibility to maintain, repair, and
preserve the segment of sound attenuation wall contiguous to OWNER'S private property,
CITY consents to OWNER'S encroachment onto the strip of publicly owned land
approximately three (3) feet wide situated between the sound attenuation wall and the
common property line (depicted as "Encroachment Area" on Exhibit "A" attached hereto).
The CITY shall at all times retain the fee simple ownership interest in the "Encroachment
Area" subject to the covenants set forth in the accepted offer of Dedication dated October
24, 1997, and recorded November 5, 1997, in Official Records of the County Recorder
of Orange County, California, as Instrument No. 19970560730. OWNER may construct
or install non - permanent hardscape or landscape improvements ( "Authorized
Improvements ") within the "Encroachment Area." Permanent structures such as
swimming pools, spas, pool and spa equipment with enclosures, and gazebos or other
structures are not permissible.
2. In the event either party breaches any material provision of this Sound Wall Construction
and Encroachment Agreement, the other party at its option may, in addition to the other
legal remedies available to it, terminate this Sound Wall Construction and Encroachment
Agreement, and, in the event the breaching party is OWNER, CITY may re -enter upon the
three -foot strip of land over which OWNER has been given a right to encroach. Such re
entry may involve removal of all or part of the "Authorized Improvements" installed by
OWNER and construction of a replacement sound attenuation wall along the common
property line. Termination because of breach shall be upon a minimum of ten (10) days'
notice, with the notice of breach specifying the date of termination.
3. OWNER shall defend, indemnify and hold harmless CITY, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages, liability,
claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when
outside attorneys are so utilized), regardless of the merit or outcome of any such claim or
suit arising from or in any manner connected with the maintenance, repair, and
preservation of the sound attenuation wall and incidentally related improvements.
4. CITY shall defend, indemnify and hold harmless OWNER from and against any and all
loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable
attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from
or in any manner connected with the design and construction of the sound attenuation wall
and any incidentally related work performed under Contract No. 2825 (I).
5. OWNER and CITY agree that this Sound Wall Construction and Encroachment Agreement
shall remain in full force and effect from execution thereof; shall run with the land; shall
be binding upon the heirs, successors, and assigns of OWNER's interest in the Ian*
Sound Wall Agreement /sound -5.agr 4
0
whether fee Ale or otherwise; and shall be recordiOn the Office of County Recorder
of Orange County, California. CITY shall handle the recordation and will provide a copy
of the fully executed and recorded document to OWNER.
IN WITNESS WHEREOF, the parties hereto have caused this Sound Wall Construction and
Encroachment Agreement to be executed on the day and year first above written.
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
[NOTARY PUBLIC 1URATS ATTACHED)
CITY OF NEWPORT BEACH
a municipal corporation
By: _
Mayor
OWNER(S)
JAMES A. & JULIE SCHMIESING,
Husband and wife as community property
Sound Wall Agreement /sound -5.agr 5
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On Ssv-r 7_9 I 'ill b before me, 1 I H4.97:t+y ) It2 ( I D
DATE —r NAME, TITLE OF OFFICER- E.G..-JANE DCE. NOTARY PUBLIC'
personally appeared _J RM P 5 /-1 7G f tl tL LSr Nb d
NAME(S) OF SIGNERtS)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
TIMOTHY J.BUm person(s) acted, executed the instrument.
Commission it 1150455
Z -a NotaryPubric- California
Orange county WITNESS my hand and official seal.
MY Comm. 6pies"Z42:7
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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
TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENnT`(QES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PACES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O, Boa 7 1Ba • Canoge PaAc, CA 91309 -7187