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HomeMy WebLinkAboutC-2928 - 1992-93 Measure M Street Rehabilitation0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 January 16, 1995 (714) 644 -3005 Boral Resources, Inc. 1301 E. Lexington Pomona, CA 91766 Subject: Surety: Insurance Company of North America Bond No. T00299716 Contract No.: C -2928 Project: Measure M Street Rehabilitation The City Council of Newport Beach on December 12, 1994 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on December 29, 1994, Reference No. 94- 0739771. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach i d � I 40 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk /, ' Cit ofwNperwpp6rt Beach Newport Beach, CAe92663 F- 6.1 ?• "Exempt from recording fees ppursuant to Government Code Section b103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Boral Resources, Inc., 1301 E. Lexington, Pomona, CA 91766 as Contractor, entered into a Contract on January 25, 1994 Said Contract set forth certain improvements, as follows: Measure M Street Rehabilitation (C -2928) - located in the City of Newport of Work on said Contract was completed on June 17, 1994 GeroK and was found to be acceptable on December 12, 1994 @twml iall, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to th Executed on at Newport Beach, California. J BY D' city Clerk f �^ 1 FO u.��ai 1 • • ;7117- December 12 1994 OF: CITY COUNCIL AGENDA ITEM NO. 15 APPROVED TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ACCEPTANCE OF MEASURE M STREET REHABILITATION, C -2928 RECOMMENDATION: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Assess Liquidated Damages in the amount of $2,000.00. DISCUSSION: The contract for rehabilitating 6 streets at various locations in the City and replacing a 12" water main in Marine Avenue have been completed to the satisfaction of the Public Works and Utilities Departments. The bid price was $766,892.00 Amount of unit price items constructed 734,174.38 Amount of change orders 23,025.11 Total contract cost $757,199.49 The decrease in the amount of the unit price items constructed resulted from a decrease of asphalt concrete placed on the various streets. A total of thirteen (13) change orders were issued to complete the project. Change orders in excess of $1,000.00 were as follows: 1. A change order in the amount of $6,030.26 provided for the removal of unsuitable sub -grade material and placement of geotextile fabric to stabilize portions of the roadway on Dover Drive. • SUBJECT: ACCEPTANCE OF MEASURE M STREET REHABILITATION, C -2928 December 12, 1994 Page 2 • 2. A change order in the amount of $3,006.60 provided for the installation of colored concrete in the median on Dover Drive south of Westcliff Drive. 3. A change order in the amount of $1,496.64 provided for the repair and down time of a cold planner caused by hitting a buried unknown sewer valve in Bayside Drive. 4. A change order in the amount of $3,605.95 provided for the lining of County sewer manholes in Bayside Drive. This change order was requested by the County and will be paid for by the County. 5. A change order in the amount of $1,644.28 provided for relocation of the street light service, modification to the emergency vehicle pre -empt system (OPTICON), and placement of additional pull boxes on jamboree Road. • 6. A change order in the amount of $1,764.81 provided for a specialized construction method to avoid damage to a shallow fiber optic TV cable in Bayside Drive. This work was requested by the utility company and has been reimbursed. 7. A change order in the amount of ($1,176.09) provided for a credit for the adjustment of unit price items covering the cold planing of existing roadway at various locations. 8. A change order in the amount of $2,646.20 provided for additional survey for the asphalt concrete overlay on Bayside Drive. Funds for the project were budgeted in the Orange County Combined Transportation Funding Program (OCCTFP) fund, Account No. 7281 - P301142K; and the Water Enterprise Fund, Account No. 7501- P500233A. The contractor is Boral Resources, Inc., City of Pomona. • The contract, awarded on January 10, 1994, required completion of all work within 90 calendar days, but no later than May 31, 1994. The contractor elected not to start his work until March 23, 1994. Due to extra 0 SUBJECT: ACCEPTANCE OF MEASURE M STREET REHABILITATION, C -2928 December 12, 1994 • Page 3 work and inclement weather, the revised completion date was June 13, 1994. The work was substantially completed on June 17,1994, four (4) days after the revised completion date. The specifications under which the contract was performed provide for the assessment of liquidated damages at the rate of $500 per day. Since the contractor elected not to commence doing any work until approximately six weeks after award of contract, the resultant delay caused a significant impact to the motoring public on Jamboree Road /Marine Avenue between Coast Highway and the Balboa Island Bridge. Therefore, it is recommended that liquidated damages in the amount of $2,000.00 be assessed. C7 • Public Works Director HH:so CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 C'?y A TO: FINANCE DIRECTOR / — Z.S— 7(l FROM: CITY CLERK DATE: January 25, 1994 SUBJECT: Contract No. C -2928 Description of Contract Measure II Street Rehabilitation Effective date of Contract January 25, 1994 Authorized by Minute Action, approved on January 10, 1994 Contract with Boral Resources, Inc. Address 1301 E. Lexington Pomona, CA 91766 Amount of Contract $766,892.00 " 6 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 1. CITY CLERK NOTICE INVITING SIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768 until 11:00 A.M. on the 22 day of December , 1993, at which time such bids shall be opened and read for MEASURE M STREET REHABILITATION Title of Project 2928 Contract No. $750,000.00 Engineer's Estimate \�/ R Rpproved by the City Council this 22 day of November , 1993. Wanda E. Raggi •� City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768. For further information, call Lloyd Dalton at 644 -3311. Project Manager CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN PROPOSAL MEASURE M STREET REHABILITATION CONTRACT NO. 2928 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully location of the work, that he has examined the Provisions, and hereby proposes to furnish all all work required to complete Contract No. 292 with the Plans and Specifications, and that he payment therefore the following unit price for of work, to wit: PR 1.1 examined the Plans and Special materials and do 3 in accordance will take in full the completed item ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization Sixtv Five Hundred Dollars and 0 Cents $,6.500.00 Per Lump Sum 2. 12,900 Cold Plane 10' Wide L.F. 0 Dollars and Figl�v -Seven Cents $ .87 $11,223.00 Per Lineal Foot 3. 300 Cold Plane 5' Wide L.F. Fniir Dollars and F ;� Cents $ 4_R0 $1,440.00 Per Lineal Foot PR 1.2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 180 Cold Plane 201 Wide L.F. Seven Dollars and Seventy Cents $ 7.70 Per Lineal Foot 5. Lump Sum Unclassified Excavation Eighty -Two Thousand Dollars and 0 Cents Per Lump Sum 6. Lump Sum Ex. Surface Preparation for Overlay Sixty -Four Hundred Dollars and 0 Cents Per Lump Sum 7. 8,700 Construct Asphaltic Concrete Tons Base Course $ 1,386.00 $82,000.00 . X11 11 Twenty -Five Dollars and Sixty Cents $ 25,60 $2130 550.00 Per Ton S. 6,400 Construct Asphaltic Concrete Tons Surface Course Twenty -Five Dollars and Sixty Cents $ 25.60 $163,840.00 Per Ton 9. 1,500 Construct A.B. Course Tons (Crushed Miscellaneous Base) Thi rtoan Dollars and Ca vo n Cents $ , - 1, -7p 0 - $20.550.0 Per Ton 0 PR 1.3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 3,100 Remove and Replace Type L.F. "A" Curb and Gutter Fifteen Dollars and 0 Cents $ 15.00 $46,500.00 Per Lineal Foot 11. 100 Remove and Replace Type L.F. "B" Curb Thirteen Dollars and 0 Cents $ 13.00 $ 1,300.00 Per Lineal Foot 12. 440 Remove and Replace Type L.F. "C" Curb and Gutter Fifteen Dollars and 0 Cents $ 15.00 $ 660.00 Per Lineal Foot 13. 530 Remove and Replace Alley S.F. Approach Four Dollars and Ten Cents $ 4-In $ 2,173.no Per Square Foot 14. 840 Remove and Replace Cross S.F. Gutter Five Dollars and Fighty Cents $ 5_Rn $ 4,A7? -on Per Square Foot 15. 7,500 Remove and Replace PCC S.F. Sidewalk Three Dollars and Cents $ 3.96 $ 4 17s nn Per quare Foot 0 0 PR 1.4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 11 Construct Curb Access Each Ramp Two Hundred Fourteen Dollars and 0 Cents $ 214.00 $ 2,354.00 Per Each 17. 52 Adjust Manhole Cover Each Two Hundred Forty -Six Dollars and 0 Cents $ 246.00 $12.792.00 Per Each 18. 41 Adjust Water Valve Cover Each Two Hundred Ten Dollars and 0 Cents $ 210.00 $ 8,610.00 Per Each 19. Lump Sum Relocate and /or Adjust Ex. Improvements to Grade 20. 54 Each 21. 2 Each Seven Hundred Twenty Dollars and 0 Cents $ 720.00 $ 720.00 Per Lump Sum Install Traffic Signal Loop Detector One Hundred Ninety -Twn Dollars and n Cents $ 1q2 00— $10 368 nn Per Each Adjust Ex. Well Monument Two Hundred Fifty Dollars and 0 Cents $ 250 00 $ ;nn nn Per Each 0 0 PR 1.5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lump Sum Adjust or Relocate Street Light Pole, Foundation, Pullboxes and Conduit Twenty -Two Hundred Dollars and 0 Cents $ 2,200.00 Per Lump Sum 23. 1 Adjust Sewer Cleanout Each Two Hundred Fifty Dollars and 0 Cents $250.00 $ 250.00 Per Each 24. Lump Sum Construct Traffic Striping and Markings Twenty -Two Thousand Dollars and 0 Cents $22.000.00 Per Lump Sum 25. Lump Sum Provide Traffic Control and Delineation Thirty -One Thousand Six Dollars Hundred and 0 Cents $31,600.00 Per Lump Sum 26. Lump Sum Provide Construction Survey and Centerline Ties Eighty -Four Hundred Dollars and 0 Cents $ 8,400.00 Per Lump Sum 27. 250 Construct 12" DIP L.F. One Hundred Sixty Dollars and 0 Cents $ 160.00 $4n _M0 _nn Per Lineal Foot PR 1.6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 2 Construct 12" Butterfly Valve Each Fourteen Hundred Forty Dollars and 0 Cents $ 1,440.00 $2,880.00 Per Each 29. 1 Construct Air Release /Vacuum Each Valve Assembly Twenty -Two Hundred Forty Dollars and 0 Cents $ 2 240.00 $2,240.00 Per Each 30. 1 Reconnect 6" Fire Service and Each Install 6" Butterfly Valve Twelve Hundred Eighty Dollars and 0 Cents $1,2go.00 $1,28n.nn Per Each 31. 13 Construct 6" DIP L.F. One Hundred Fifty -Throw Dollars and 0 Cents $ trz nn $1 89A Per Lineal Foot 32. 2 Construct Tie -in Connection Each Thirtoan Hiindrpd Twenty Dollars and n Cents $1 120 on $2_64n.nn Per Each 33. Lump Sum Provide Pressure Testing and Disinfection Two Thousand Sixty Dollars and 0 Cents $2,060.00 Per Lump Sum 0 PR 1.7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. Lump Sum Provide Sheeting, Shoring, and Bracing j� �nN-6 f Dollars and Cents Per Lump Sum ll Sp R p; Dollars and Y/ Cents TOTAL BID PRICE (FIGURES) 12/15/93 BORAL RESOURCES, INC. Date Bid er (909) 865 -6855 Bidder's Telephone No. d er's Authorized SignaEure & Title RICHARD VALLECORSA - VICE PRESIDENT 634631 1 1301 E. LEXINGTON AVE. Bidder's License No. Bidder's Address & Classification Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 Page 2A In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a coi authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature 634631 A Contractor's License No. & Classification BORAL RESOURCES, INC. Bidder 12/15/93st/( Date jAh"orized Signature /Title RICHARD VALLECORSA - VICE PRESIDENT 5/91 w 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will.be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. � c.c� - ELL- S�u�� CC_ 2. Cum Spy, KCS. 3. L (L C-rPkCkL 4. riOLes 5. +QA-J C 6. SZ7z c P I n>G a � � P r N �, O I��u G (f7 7. �u�JLYr^ nnSt`,c �2.5. }''i �G S � A s. �c C4koc) LAG C (4 /tio 9. 10. 11. 12. BORAL RESOURCES, INC. Bidder �i�l/i /d//I uthorized VICE PR�.0 DENT Signa ure /Title 5/91 0 MAJOR CLIENTS CITY OF MORENO VALLEY - MARLA MATLOVE DEPT. OF PUBLIC WORKS P.O. 1440 MORENO VALLEY CA 92556 714 243 -3120 CITY OF LONG BEACH - GIL GOODWIN DEPT. OF PUBLIC WORKS 333 W. OCEAN BLVD. LONG BEACH, CA 90802 310 590 -6383 CITY OF ORANGE - ASHOK BASARGEKAR DEPT OF PUBLIC WORKS P.O. BOX 449 ORANGE, CA 92666 714 744 -5444 CITY OF FULLERTON - GEORGE LIN DEPT. OF PUBLIC WORKS 303 W. COMMONWEALTH AVE. FULLERTON, CA 92632 714 738 -6300 COUNTY OF LOS ANGELES - TONY VISCONTI DEPT. OF PUBLIC WORKS 900 S. FREMONT AVE. P.O. BOX 1469 ALHAMBRA, CA 91802 818 458 -5100 COUNTY OF SAN BERNARDINO - LOU CUDIN 825 EAST THIRD ST. SAN BERNARDINO, CA 92415 714 387 -2600 COUNTY OF RIVERSIDE - JIM KINLOCH 2950 WASHINGTON ST. RIVERSIDE, CA 92504 714 275 -6885 CITY OF RIVERSIDE - BOB KECK 3900 MAIN ST. RIVERSIDE, CA 92522 714 782 -5346 CITY OF LAGUNA BEACH - FRED SHIADI 505 FOREST AVE. LAGUNA BEACH, CA 92651 714 497 -0706 CITY OF CHINO - TOM MACE 13220 CENTRAL AVE. CHINO, CA 91710 714 591 -9880 CITY OF SAN BERNARDINO - RICHARD MORALES 300 NORTH 'D' STREET SAN BERNARDINO, CA 92418 714 384 -5166 CITY OF EL MONTE - WILLIAM J. CONKLIN 11333 VALLEY BLVD., SECOND FLOOR EL MONTE, CA 91731 818 580 -2063 CAL TRANS - WALLEY CARROLL OCEANVIEW OFFICE 7372 PRINCE DRIVE HUNTINGTON BEACH, CA 92647 CITY OF VILLA PARK - FRED MALEY 17855 SANTIAGO BLVD. VILLA PARK, CA 92667 714 998 -1500 CITY OF WESTMINSTER - MOHEB ARGAND 14381 OLIVE STREET WESTMINSTER, CA 92683 714 898 -3311 CITY OF ONTARIO - LOUIS HUESO 303 EAST "B" STREET ONTARIO, CA 91761 717 391 -2527 CITY OF POMONA - BOB HAAGENSON 505 S. GAREY AVE. POMONA, CA 91766 714 620 -2261 KASLER CORPORATION - BOB VARSHAY P.O. BOX 387 SAN BERNARDINO, CA 92402 -9906 714 884 -4811 BRUTOCO ENGINEERING & CONSTRUCTION - MIKE KING P.O. BOX 429 FONTANA, CA 92334 714 350 -3535 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 519 s State of CALIFORNIA A County of ORANGE I 1 ) ,i On 12 -13 -93 before me, PATRICIA M. WHITE DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' personally appeared PAMELA ANDROSKO NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- know ledged to me that he /she/they executed F WHITE the same in his /her /their authorized i COMM .t086g77 capacity(ies), and that by his/her/their Z !YDfary PoD!IC — California signature(s) on the instrument the person(s), ORANGE COUNTY My Comm. Expires MAR3.1997 or the entity upon behalf of which the person(s) acted, executed the instrument. __WITNESS my hand and official seal. a AA SIGNATURE OF NOTARY OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not requite the Notary, to fill in the data below, doing so may prove invaluable to persons relying on the document E] INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED GENERAL ® ATTORNEY -IN -FACT C] TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITYIIES) INSURANCE COMPANY OF NORTH AMERICA OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT BID BOND THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES I DATE OF DOCUMENT DECEMBER 13, 1993 Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 6236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309 -716& State of CALIFORNIA County of LOS ANGELES On 12/13/93 before me, MARY SUSAN TEAGLE (DATE) (NAME. nTLE OF OFFICER - I.E.,'JANE DOE NOTARY PUBLIC-) personally appeared RICHARD VALLECORSA IN personally known to me - OR OFFICIAL NOTARY SEAL DMARY SUSAN TEAGLE Notary Public — California ( LOS ANGELES COUNTY M1' Comm. Expires OCT 12.1995 (NAME(51 OF SIGNER(Stt ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- scribed to the within instrument and acknowledged to me that he /shelthey 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 persons) acted, executed the instrument. Witness my hand and official seal. W m 0 CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIOUAL(S) CORPORATE OFFICERS) VICE PRESIDE. • PARTNER(S) (T"UE(s)) • ATTORNEY IN FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document COTTS FORM 50240–ALL PURPOSE AOegwLEDCMRfr WITH S Wfl CAPAG1Y /REPRESENMT10l%m 6ERPRPr –Rer. 12.92 Otm VVOLOOTTS FORMS. NC. • BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, i Page 4 That we, BORAL RESOURCES, INC. as bidder, and INSURANCE as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE AMOUNT BID Dollars ($ - -10 % -- ),lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of MEASURE M STREET REHABILITATION - PROJECT #2928 (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 13TH day of DECEMBER , 19 93, BORAL RESOURCES, INC. Bidder (Attach Acknowledgment Of Attorney -In -Fact) Notary Public Commission Expires: 5191 o utorizedpSiggnnaature /Title RICHARD VALLECORSA - VICE PRESIDENT INSURANCE COMPANY OF NORTH AMERICA SURETY �—.. r �7 , , n„i A PAMELA ANDROSKO ATTORNEY IN FACT mM+etli a W.: 15)l r N O t1 N II s� c� Y C0 Co 3 U � 0 N > to c� o� '0 Ow C to m rN m(D L C Oc_ Ea) L d o o t ta II >. �c m O 1 3 Instftnce CornponY of North America 510506 o OGNA cornporry I ;alt men, by these presents: That INSURANCE COMPANY OF NORTH AMERICA. a corporation of the Commonwealth imn.g stsI.p(incipai office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, adopted by the Board of Iidbompar4, on _*ember 5,1983. to wit: v„ mat .Pur ' 16"AAads 3'.18 and 5.1 of the 9yiav Ihe.follo nq Was shall govern the execution for the Company of Dunes, undanalangs, reeagrcsances. _ of the Comoany aw and all -hpy itmh eTlgng oyeivled,m a[Gbrdantle wih these mules shall be�a6,dinding upon the Conpshy m any case as though slgnetl _Cythe Ph"dant and altostad to by We corporate,5ewlary. cgoatuROf Ne. headeN Ore Sotio},Yme PrestlAet, ore %ice PreddeM. many Assistant %flea Fray dent and the teal of Ne company maY be alfimtl DY laesmle an any powBtol atmrneY ,4fahtad,'p'drslrafit to ttia Reaolueon aM Nea1pn811ap01 a ean,(ymg ClficerarW gre seal Of the company maybe sR,xetl by lasa+nilo to any eertisrale al anYwch;power and any won pone m 6bn2�arffngw5hf3r sirtNaa4nalu' amrlmaltlmxbe .L9WaMMn6ngonmeConWeM:, ;�au,g..t�pJM,crdMcas OI the:CMrpany aoe AdoDteys7aFacl 'hall hew nulhodry to oertiN m venry ropias of llns Remlu4on iae 6yEia�e m tae Carrpany, end any e@daNl m recme el the �pali?M1f necessaryw gie'dtscnar9eoftharawoe \' :, ... .;. � : -. � =, .. _ - � oftlas Resoluaortdoea rah revoke em/eaAeraoth �,e.pa5aage odN�{panieQby RemlwaM of tlgaoard of Ddectom atloptee on Jvne9 7951. May 2a 19]5 and Mamn23 19TI.' by+lommate, constitute and appanP PATRiCIA M:..:WHP1E- fiHOMAS `D. �(3JAII�IIN,� E S:3ALBRD�iT, "JR. ; MA al] `of` the City of Costa Nlesa, State of California ----- -- - - ---- -- — , each individually if there be more than one 'lamed, its true and lawful attomey -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and ail bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TWENPY N=IC.1----- -- - - -- ---- - - - - -- DOLLARS (s 20,000,000- ) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said R. E Giveans, Vice-President. has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 5th day or January 19 93 COUNTY OF PHILAI On this the Commonwealth OF NORTH AMEBIC that he executed t carporatese`tI1and Board pj.7 Mr4f j in and for the County of Phil; Ity know n'to be the individual at the seal ;affixed to the pt e duly allized,by the authorit referred to fn the preceding it I have hereunto set- mY:Aanl NOTARIAL.SEAL INSURANCE COMPANY OF NORTH AMERICA R. E GIVFANS, Vice President �r `X jc: 19 93 ; bafore me; a Notary.P,ublic of rhha came R E, Glveans: Vice- President of'the INSURANCE.CQMPANY rim who executed. the ,'preced.ng ins tn,iment, and he acknowedged fiig ;instfumehtis:th6',cdrporate, seal of said Comparryrlhat,the said i direction. of, the sa]Id doiporation and ihat,Resolution, adopted by the i. vent, is now In:torce i afrix4my official seal at the dty, oi.Philadelphia the day and year - -iii A., Z U V O F _ �.. CARRIE M. RAYS Notary Notary Public . w 1 Phladelphia, PhiladelphiaCounry; PA Notary Public i cny �� \ MY Oommission Bpires October 30 1895' .. .. - 2O �S ',i tiG.\� 1, the.t,4ereh�tti,jS! of INSURANCE COMPANY OF NORTH AMERICA, do hereb "q certify that the original POWER OF AT'f¢RNEY, of which the foregoing I��dlW11116 and correct copy..is in full force. and effect. to witness whereof. I.. have hereunto subscribed my. name .as: Secretary, and affixed::the ?corporate: seat of the.: Corporation, this 13TH day ot: DECEMBER .. Yr is ' 93 :... .. Darryl F. Taylor.:\',Secretay *POWER OF AT MAY NOT e1�1.USED TO EXECtlTE gNwBOtjD Wttft'AN INP.TFON,[)ATE AFTER Af1Pet15>S 1R'a §95' _ T / BS- 333631i :: Ptd. in 11S.A - E NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of LOS ANGELES) • Page 5 RICHARD VALLECORSA , being first duly sworn, deposes and says that he or she is VICE PRESIDENT of BORAL RESOURCES, INC. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. 4� n �(l- VICE PRESIDENT uthorized Signature /Title Subscribed and sworn to before me this 15 day of 1983. Notary Public / F My Commission Expires: o , z 95 1•) i` 5/91 [SEAL] OFFICIAL NOTARY SEAL �1 MARY SUSAN TEAGLE Notary Public — Calilwip e LOS ANGELES COUNTY AY Comm. Expires OCT 12.5995 r r Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Comr)leted Performed (Detail) To Contact Number SEE ATTACHED LIST BORAL RESOURCES INC. Bidder 5/91 6LIZ4fC//G VICE PRESIDENT /Authorized Signature /Title 0 • Page 7 NOTICE TO SUCCESSFUL BIDDER The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 EXECUTED IN QUADRUPL TE r?AYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that BOND 00299716 Premium Induded in Peftrwa Bond Page s WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted ,lanuary ]jl 7994 has awarded to Rnra] MozmirCPG- Tnc_ hereinafter designated as the I Principal ", a contract for St rp,�t NhabiliLdt lO^ (Contract No. � ) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. C-2928 and the terms thereof require the furnishing of a bond, pro —vi g that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, BORAL RESOURCES, INC. as Principal, and INSURANCE COMPANY OF NORTH AMERICA as Surety, � 1%EI�'eF[�7�D E �I�(T$oJ1X TpMt6he City of Newport Beach, in the sum of Dollars ($ 766.892.00 ) , said sum being equa o loot-of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his/her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/91 0 0 Page SA The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 17TH day of JANUARY 1994. Name of Contra or (Principal) thorized Signature /Title Richard Vallecorsa - Vice President INSURANCE COMPANY OF NORTH AMERICA �_ L Name of Surety uthorized Agent "gnature 2400 E. KATELLA AVENUE #300 -K E.S. ALBRECHT, JR., TTORNEY IN FACT ANAHEIM, CA 92806 (714)939 -5756 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 State of CALIFORNIA County of LOS ANGELES "On ( I n I 94 before me, MARY SUSAN TEAGLE (D TE) (MAME. TRUE OF OFFICER I.E.:LANE DOE NOTARY;VSu l ,personally appeared RICHARD VALLECORSA (NAME(S) OF SIGNER(SI) f personally known to me OR - ❑ 4 •_ OFFICIAL NOTARY SEAL MAPY SUSAN TEAGLE • • .4 F4;al' Nomly Public-- Ca!itot nil LOS ANGELES COUNTY My Comm. Expires OCT 12,i D95 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- scribed to the within instrument and acknowledged to me that helshe /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. i-YL W s f 0 0 CAPACITY CLAIMED BY SIGNER(S) ❑ INDNIDUAL(S) Iff CORPORATE OFFICER(S) VICE YRES. ❑ PARTNER(S) tTITLE(s)) ❑ ATTORNEY IN FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR • OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(St OR ENTTrYDES)) ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above FORM 63240 —ALL PURPOSE ACNNOWLED131I WIM SIGNER CAYAGRYlREPRESENTATION nWARPRINT —Rn. 1292 .. . . I Date of Document aTM WOLCOTIS FORMS. INC. 1CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5193 State of CALIFORNIA OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of ORANGE Though statute does not require the Notary to rill in the data below, doing so may prove On 1 -17 -94 before me, PAMELA M. ANDROSKO invaluable to persons relying on the document. DATE NAME, TITLE OF OFFICER- E.G.,-JANE DOE, NOTARY PUBLIC' INDIVIDUAL E.S. ALBRECHT, JR. ❑COFIPORATEOFFICER(S) personally appeared NAME(S) OF SIGNER(S) TITLE ($) r personally known to me - OR • ❑proved to me on the basis of satisfactory evidence PARTNER(S) LIMITED ❑ ❑ to be the person(s) whose name(s) is /are , ❑ GENERAL Subscribed to the within instrument and ac- ® ATTORNEY -IN -FACT knowledged to me that he /she /they executed ❑ TRUSTEE(S) the same in his /her /their authorized ❑ GUARDIAN /CONSERVATOR capacity(ies), and that by his /her /their OTHER: signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTING: f r +. r r I 'af,forr�a WITN S my hand and official Seal. NAME OF PERSON($) OR ENTIT'(IES) v.i3�1�� INSURANCE COMPANY OF NORTH AMERICA .,...... .s. �.. x.:aaa.:.,.aeaemawa�csaa.wwn.t- ( C SIGNATURPdF NOTARY i THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT PAYMENT BOND #TO0299716 NUMBER OF PAGES 2 DATE OF DOCUMENT JANUARY 17, 1994 SIGNER(S) OTHER THAN NAMED ABOVE of 993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 Oil,' -•tom a. _.. -� s� _ -: < -. POWER OF • Insiurance Company of North America* ® 510572 ATTORNEY D aGNA C0RwQ1y Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pernsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 5, 1983, to wit: 'RESOLVED, That pursuant to Arfides 3.18 am 5.1 of the By-tam, the fonowing Rules shall govern the wn aon for the company of bonds, undertakngs, rerognimacas contracts and other writings in the hature thereof: (t) That the President, any Senior Vice President. any Vice President, any Assistant Vice President, or any Mcmust rin -Fact, may execute for and on behalf of the Company any and sit bonds, undertakings. recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Settalary, or any Assistant corporate Secretary, and the seal of the Company affixed thereto; and that the President. any senior Vice Pesdenl. any Vim President or any Assistant Vice President may appoint and authorize any other oticet (elected Or appointed) of the Company, and Anom9y &in -Fact 10 so execute or threat to the ex8CuUm of all such wdGngs an behex of the Company and to affix the seal of the Company thereto. (2) Any such writing executed In accordance with these Rules shah be as binding upon the Company in any Casa as though signed by the President and aflesled W by the Corporate Secretary. (3) The signature of the President. or a Senior Vice President. or a Moe Prestlem, or any Assistant Vice Presidem and the seal of the Company may be affixed by f ms mile on any power of ahmnay granted pursuant to this Resolution, and the signature of a certifying Officer and the seal of the Company may be attired by facsimile to any cartifiwte of arty soon power, and any such power or cent ficare bearing such facsimile signature and a" shall be valid aruo binding on the Company. - (e) Such other OKoem of the Company, and Aftornsyeirr Fact shall have authority to Cartify or verity copies of this Resolution, the By- a" or the Company, and any affldaNl or record of the Company necessary to the discharge of their dunes. (5) The passage of this Resolution does nor revoke any earner authority granted by Resolusons Of the Board of Directors adopted on June 9. 1953, May 28,1975 and Marti 23, IM* does hereby nominate, constitute and appoint PATRICIA M. MITE, THONAS D. GUNNIN, E. S. ALBRECHT, JR. , and PAMELA ANDROSKO, all of the City of Costa Mesa, State of California--------- - - - - -- .N 0 a tl1 ro a1 co 4 co _ to (D :3 U 0) O :3 > Fi (D > m� c :a cc U) 'o C� A N tad m N 0 C O Ea) co O T > C y O� each individually if there be more than one named, its true and lawful attomey -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any, and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TWE[M MILLION--- - ---------------------------- DOLLARS(s 20,.000,000, each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said R. E Giveans. Vice - President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 5th day of January 19 93 INSURANCE COMPANY OF NORTH AMERICA C R. E. GIVEANS, Vice President OF PENNSYLVANIA - - COUNTY OF PHILADELPHIA ss. On this 5t1i day of January , A.D. 19 93 , before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came R. E. Giveans, Vice-President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the Corporate seal of said Company, that the said corporate segl,ffiqho signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the referred to in the preceding instrument, is now in force. I have hereunto Set my hand and affixed my official seal at the City of Philadelphia the day and year NOTARIAL SEAL L J c0 F —1* CARRIE M. RAYSOlp Notary pubic w / / phlladelphia, Philadelphia County, PA - Notary Public FZ �� \ My Commission Expires October 30, 1995 tiGN 1, the i> i(,�t 'd,¢ % of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing l���JAn It 'and correct copy, is in full face and effect. In witness whereof, I have hereunto subscribed my name 'as Secretary, and affixed the corporate seal of the Corporation, this 17TH day of, JANUARY 19 94_ Darryl F. Taylor .:. - Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION: DATE: AFTER 41190 :t -. 10, 1995 _ SS-33363b Ptd. in O.SA .. �. -.. EXECUTED IN QUADRUPLICATE 0 BOND #T00299716 PREMIUM: $3,371.00 Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California; by motion adopted January_ IQ. 19Q4 has awarded to Boral ReSOUr hereinafter designated as the "Principal ", a contract for MPaSurp "M" SLrpet Rehahili atjon (Contract No. C_2g9A ) in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. C_2928— and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we., as Principal, and as Surety, ar�ll the sum of fWa said sum be ng equa t contract, to be paid to successors, and assigns; bind ourselves, our successors, or assigns, presents. BORAL RESOURCES, INC. I) �IX"O�JSS City of Newport Beach, in Dollars ($766,892.00 ), 0 0$ o e estimated amount of the the City or its certain attorney, its for which payment well and truly made, we heirs, executors and administrators, jointly and severally, firmly by these THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond, Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its siv1 w 0 Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17TH day of JANUARY , 1994. Boral Resources, Inc. Name of Contractor (Principal) INSURANCE COMPANY OF NORTH AMERICA Name of Surety 2400 E. KATELLA AVENUE #300 -K ANAHEIM, CA 92806 Address of Surety 4 khor'ized Signature /Title Richard Vailecorsa - Vice President Authorized Agent gnature , E.S. ALBRECHT, JR. ATTORNEY IN FACT (714)939 -5756 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 State of CALIFORNIA +_'aunty of LOS ANGELES On 1/17/94 before me, MARY SUSAN TEAGLE (DATE) (NAME. TITLE OF OFFICER - I.E.. -JANE DOE, NOTARY PUBLIC) personalfy appeared RICHARD VALLECORSA IN personally known to me - OR - h �• OFFICIAL NOTARY SEAL MARY SUSAN TEAGLE Notary Public— California LOS ANGELES COUNTY My Comm. Expires OCT 12,1995 (NAME(S) OF SIGNER(S)) ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are sub- scribed to the within instrument and acknowledged to me that he /she /they executed the same in hislher /their authorized capacity(es), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. iz E iE iE 0 0 CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) I@( CORPORATE OFFICER(S) VICE PRESID • PARTNER(S) ITTLE(si) • ATTORNEY IN FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: (NAME OF PERSCN(S) OR ENTRY11M) ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document h OLCOTTS FORM 67240 -ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY IREPPEMNTATIOWF74USPRWT -Pk .. 1292 at"? WOLCORS FORMS. INC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N- 1�0�111�`' ttltl�l�111t \ \Z \Z`�ZZti1l1�� -��-�1 - `ti' -�11 �\ 1t111�t1- �C<• t\ 1�Zttittitt�llt \�- �11111ti"` \- � \ \1 \11�1� CALIFORNIA OPTIONAL 1 �; County of ORANGE On 1 -17 -94 before me, PAMELA M. ANDROSKO DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC" personally appeared E.S. ALBRECHT, JR. NAME(S) OF SIGNER(S) ® personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. rL Cwi!zrnla WITNESS my hand and official seal. ' �' , � r. - Y!JIt55 °r•1V. °0 199-0 ' «..ae.cu..ee..ee +x : w.sse.wsw • SIGNATURE OF NOTARY OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though Statute does not require the Notary to Jill in the data below, doing so may prove invaluable to persons relying on flhe document. INDIVIDUAL CORPORATE OFFICER(S) nMEtS) PARTNER(S) 0 LIMITED GENERAL ® ATTORNEY -!N -FACT E] TRUSTEE(S) C] GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) INSURANCE COMPANY OF NORTH AMERICA THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT PERFORMANCE BOND #TD0299716 THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2 DATE OF DOCUMENT JANUARY 17, 1994 Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • B238 Remmat Ave., P.O. Box 71114 • Canoga Park, CA 91309 -7184 jAN- 1.4 -94 FRI 11:24 • P.09 ' Page 10 'i ISIVOf {' /�YM1i}il t4q FEhI) 1�hl nl llYl'v!.Y GAJAA4�1V5 i /9� /�! l 1, Slt h i V`: J .. Y1�Yo M5,4 n^(I +� pwM 'v.N54t • a /4 /V��, V /Aft ud -i[, A+ +4 5r {�wr ♦ 1 Mu-0i \I�d!wv:rM�[ t,T V.S; A)t /u� (44e,�:' -.V l4` N: -R.S; .' PRODUCER COMPANIES AFFORDING COVERAGE Alexander & Alexander 650 Town Center Drive, Ste 600 COMPANY LETTER A Continental Casualty Co. (CNA) Pasadena, CA 92626 COMPANY B LETTER Transportation Ins. Co. (CNA) (714) 957 -6005 INSURED Boral Resources, Inc. 1301 E. Lexington COMPANY C LETTER PnmnnA CA 91766 Yn VJ rrrr / }� }} '' CgVERAGES C:.'A R N ' lc9. {���'�Y '[4u.N lh. Wl i.f^i1..y5. T 11S IS TO CERTIFY THAT POLICI�S OF INSU CEO LSTEO BEI.ON HAVE DEEN ISSUED TO 4HE (r1 W6 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• IWINSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. Goj LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE CATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE 5 2 000 (OCCURANCE BASIS ONLY) , A CAMMEACNI PRODUCTS /COMPLETED S 2,000 COMPREHENSNE OPERATIONS AGGREGATE CM] GL002514796 6/30/93 6/30/9 ,yry OWNERS & CONTRACTORS U PROTECTIVE CONTIACTUAL FOR SPECIFIC PERSONAL INJURY 1,000 CONTRACT EACH OCCUMNCE 5 1,000 PRODUCTS /COMPL OPE0. XCU HAZARDS ® BROAD FORM PROP. DAMAGE ® SEVERABILITY OF INTEREST FIRE ONEAGE ,N S 200 CLAUSE PERSONAL INJURY WRH EMPLOYEE EXCLUSION MEDICAL EXPENSES = REMOVED (ANY ONE PERSON) 10 MARINE AUTOMOBILE LIABILITY IT SINGLE LIMIT S 1 . QQQ /J COMPREHENSIVE "ED BUA002514988 6/30/93 6/30/9 BODILY INJURY (PER PERSON) s tNv('1 t`d �{ � H {VY� BODILY INJURY i A ;Sf;vp'ji;L`:•;:r'T".,:/4;4, HIRED (PER ACCIDENT) �NON.OWNEO PROPERTY EXCESS LIABILITY. EACH AGGREGATE UMBRELLA FORM �r,', J �! i ;, ; OCCURRENCE OTHER THAN UMBRELLA FORM . STATUTORY.., P WORKERS' COMPENSATION 5 1,000 EACH ACCIDENT B AND WC002514782 6/30/93 6/30/9: , DISEASE -POLICY LIMIT EMPLOYERS' LIABILITY 5 DISEASE - EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR O ¢`,; r M1 YIy JY {/ WORKERS' COMPENSATON STATUTORY N , vy 'n�r•f s „ DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES /RESTRICTIONS /SPECAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED 161SUREO IN CONNECTION WITH THE FOLLOWING CONTRACT: Measure "M' Street Rehahili a iQn C -9928 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE' HOLDER ;CANCELLATION SHOULD ANY OF THE ABOVE DESCRIOEO POLICIES BE NON.RENEWED, CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPI/IATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PBOVIOE 30 DAYS MIN. ADVANCE 3300 NEWPORT BLVD. NOTICE TO TH o RT BEACy..ev REelsieREO MAIL � 0y "-f NEWPORT BEACH, CA. 92659 -1768 A77 N: r. 1/17/94 r ALMRDCIZ20�PREVENTATIVE ISSUE DATE JAN -14 -94 FRI 1125 • • P.19 Page 11 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (X) Commercial ( ) Comprehensive General Liability $ 1,000,000 each occurrence 2,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). 5/91 JAN44 -94 FR[ 1125 P.11 Page 11A The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: ae_s ure "M "`$ Pt geh3}ilitAtim f_7o9R Project Title and ContractINo. This endorsement is effective 1/17/94 at 12:01 a.m. and forms a part of Policy No.GLO 2 of on inert al Casualty Co.(CNA) (Company Affording Coverage). Insured: Boral Resources, Inc. ISSUING COMPANY By: Authorized Representative 5191 Endorsement No.: JAN,'14 -94 FRI 1126 • P.12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 2. 5/91 Page 12 With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability ()p Combined Single Limit per person per accident Bodily Injury Liability & 1,000,000 Property Damage Liability $ The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. JAN -44 -94 FRl 11:27 • P.13 Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public works Department. 5. Designated Contract: Measure "M" Street Rehabilitation, C -2928 Project Title and Contract No. This endorsement is effective 1/17/94 at 12:01 a.m. and forms a part of Policy No.BUAUU2514988 of Continental Casualty Co. (CNA) (Company Affording Coverage). Insured: Boral Resources, Inc. ISSUING COMPANY By: /V Authorized Representative 5/91 Endorsement No.: 0 Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 1/17/94 Date C -2928 Contract Number 5/91 Boral Resources, Inc. Name of Contractor (Principal) �i Au horized Signature and Title R chard Vallecorsa -Vice President Measure "M" Street Rehabilitation Title of Project 0 CONTRACT �y HIS AGREEMENT, entered into this w�lay of , 19 / , by and between the CITY OF NEWPORT BEACH, her after "C y," and Boral Resources, Inc. , hereinafter "Contractor," is made with reference to the following facts: 0 Page 14 A. City has heretofore advertised for bids for the following described public work: Measure "M" Sheet Rehabilitation Title of Project Contract No. B. Contractor has determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Wit -fi re "M" 4treet Rehabilitation Title of Project C -2928 Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Seven Hundred Ci xty- Si x Thousand Fight Hundred Ninety -Two Dollars ($766,892.00) 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. 5/91 1� ! t► Page 14A All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Measure "M" Street Rehabilitation C-2928 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. 5/91 AS 1 I/- CITY OF NEWPORT BEACH A icipal Corporation B . Mayor Boral Resources, Inc. Name of Contractor 14 thorized Signature and Title ichard Vallecorsa -Vice President State of CALIFORNIA 1 County of —LOS ANGELES JI} On 1/17/94 before me, MARY SUSAN TEAGLE iDATE) INAME. TITLE OF OFFICER - I.E.'.UNE DOE NOTARY PUSUCj personally appeared RICHARD VALLECORSA INAME(S) OF SIGNERMI IN personally known to me - OR - OFFICIAL NOTARY SEAL MARY SUSAN TEAGLE Nacvv Publlc— California LOS ANGELES COUNTY ph Comm. Expires OCT 12,Ing5 ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- scribed to the within instrument and acknowledged to me that he /she /they executed the same in his /herJtheir authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument_ Witness my hand and official seal. s e CAPACITY CLAIMED BY SIGNER(S) ❑ INONIDUAL(S) CORPORATE OFFICER(S) VICE PRESIDE ❑ PARTNER(S) (nTu2(s)) ❑ ATTORNEY IN FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: (NAME OF PERSONtSI OR ENTIT (OFS11 ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this ceniFCate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above NDLCOTTS MRM 63210 -ALL PURPOSE K%NOWLEDGMENT.WFTN SIGNER CAPACRgREPRESEMATIDN /RNGERPRINT -R".. 12.92 Date of Document 01992 WOLCOnS FORMS. INC. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MEASURE M STREET REHABILITATION CONTRACT NO. 2928 I. SCOPE OF WORK . . . . . . . . . . . . . II. CONTRACTOR'S LICENSE . . . . . . III. TIME OF COMPLETION . . . . . . . . . IV. LIQUIDATED DAMAGES . . . . . . . . . . V. PAYMENT . . . . . . . . . . . . . . . . 2 VI. WORK IN STATE RIGHT -OF -WAY . . . . . . . . . . . . . 2 VII. TRAFFIC CONTROL PLAN . . . . . . . . . . . . . . . . 2 VIII. "NO PARKING, TO- AWAY" SIGNS . . . . . . . . . . . . . 3 IX. WATER . . . . . . . . . . . . . . . . . . . . . . . . 4 X. CONSTRUCTION SURVEY . . . . . . . . . . . . . . . . . 4 XI. PROTECTION OF PRIVATE PROPERTY . . . . . . . . . . . 4 XII. RESTORATION OF JAMBOREE ROAD PARKWAY, ETC. . . . . . 5 XIII. STREET TREE WORK ALONG CLAY STREET (By Others) . . . 5 XIV. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . 5 A. Mobilization. . . . . . . . . . . . . . . . . 5 B. Unclassified Excavation . . . . . . . . . . 6 C. Asphaltic Concrete Pavement and Overlay Preparation . . . . . . . . . . . . . . . . . . 6 D. Portland Cement Concrete. . . . . . . . . . . . 7 E. Utilities . . . . . . . . . . 7 F. Guard Underground Construction (Water Main Replacement . . . . . . . . . . . . . . . 8 G. Traffic Signal Loop Replacement . . . . . . 8 H. Traffic Striping an Pavement Markings . . . . . 8 J. Miscellaneous . . . . . 10 K. Ductile Iron and Pipe Fittings - Furnishing and Installing . . . . . . . . . . . . . . . . 10 XV. SOLID WASTE DIVERSION . . . . . . . . . . . . . . . 13 XVI. DESIGN CROSS SECTION SHEETS. . . . . . . . . . . . 13 I. Wo III. IV. 0 • SP 1 of 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT =� A BPECIAL PROVISIONS ' n. ic'il MEASURE M STREET REHABILITATION �X�� t CONTRACT NO. 2928 •. i r, SCOPE OF WORK The work to be done under this contract consists of rehabilitating 6 streets at various locations in the City of Newport Beach, plus replacing a 12" water main. All work necessary for the completion of this contract shall be done in accordance with (1) the attached State of California Encroachment Permit; (2) these Special Provisions; (3) the Plans [Drawing Nos. R- 5663 -5; W- 5228 -5; T- 5118 -5, T- 5245 -5 (Sheets 1 & 3), T- 5277 -5, T- 5555 -5, and T- 5629 -L (attached hereto); T- 5049 -5, T- 5518 -5, T- 5575 -5 (Sheets 2 & 3), and Resubdivision No. 337 (Sheet 25)]; (4) the City's Standard Special 1991 Edition); and (5) the Standard for Public Works Construction, 1991 Edition, including Supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased from the City's Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034; telephone (213)202 -7775. CONTRACTOR'S LICENSES At the time of bid opening and until completion of work, the Contractor shall possess a General Engineering Contractor "A" license. At the start of work and until completion, the Contractor shall possess a Business License issued by the City of Newport Beach. TIME OF COMPLETION The Contractor shall complete all work, including cleanup, within 90 consecutive calendar days, but no later than May 31, 1994. LIQUIDATED DAMAGES Commencing on the 91st consecutive calendar day of onsite work or on June 1, 1994, whichever occurs first, V. VI. VII. L SP 2 of 13 the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $500.00 liquidated damages rather than the $250 specified in Sec. 6 -9 of the Standard Specifications. The Contractor's inability to obtain materials or labor in a timely manner to complete the specified work within these time limits shall not deter assessment of damages. The intent of this Section is to emphasize to the Contractor the importance of prosecuting his work in an orderly, preplanned, continuous sequence to minimize the length of time that City streets are impacted by the Contractor's work, and to minimize the duration of exposure of the public to the Contractor's work. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit prices bid for items of work. Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code. WORK IN STATE RIGHT -OF -WAY Certain work at the Jamboree Road venue is to be performed within State of California right -of -way. All such work shall be performed in strict conformance with the attached Caltrans ENCROACHMENT PERMIT. Compensation to Contractor to reimburse the State of California for their costs to provide State engineering inspection shall be included in related items of work. TRAFFIC CONTROL PLAN The Contractor shall submit traffic control plans to the Engineer which conform with provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (WATCH), 1990 Edition. Traffic control plans shall be prepared following the same sequence as the actual construction and shall include the following: 1. The location and wording of all barricades, signs, delineators, lights, warning devices, • 0 SP 3 of 13 parking restrictions, lane closures, and any other details required to assure that all pedestrian and vehicular traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the public. 2. No closure of Lake Avenue concurrent with lane closure or traffic or parking restriction along 32nd to 26th Streets. 3. No lane closure in Jamboree Road or Marine Avenue during March 25th to April 3rd. 4. No concurrent reduction in number of traffic lanes in Jamboree Road and Marine Avenue. 5. At least two 10 -foot min. width traffic lanes southbound and one 10 -foot min. width traffic lane northbound in Jamboree Road. 7. At least one 10 -foot min. width traffic lane on Marine Avenue, with radio - equipped, uniformed flagmen to control traffic at each end of two - directional, one -lane traffic movement; except that between 6:00 AM and 9:00 PM, at least one 10 -foot min. width traffic lane shall be maintained for each direction of traffic on Marine Avenue. 8. Vehicular traffic on Marine Avenue shall not adversely impact vehicular traffic on Bayside Drive or Jamboree Road, and vice - versa. 9. A complete and separate plan for each stage of construction proposed by the Contractor showing all items listed above. Traffic control plans shall be submitted to the Engineer for review and approval a minimum of ten (10) working days prior to commencing work. VIII. "NO PARKING. TOW- AWAY" SIGNS If the work necessitates temporary prohibition of on- street parking or access during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW- AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 40 hours in advance of the need for enforcement. In addition, the Contractor shall notify the City of Newport Beach Police Department, Traffic Division, at (714) 644 -3740 for verification of posting at least 40 hours in advance of the need of enforcement. Failure to properly notify Traffic Division will result in the delay of prohibition of on- street parking or access. r SP 4 of 13 "NO PARKING, TOW AWAY" signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches width by 18 inches height; and (3) be similar in design and color to Sign No. R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. Errors in posting "NO PARKING, TOW- AWAY" signs, false starts, acts of God, strikes, or other alterations of the schedule will require that the Contractor re -post the "NO PARKING, TOW - AWAY" signs and re- notify Traffic Division. If the work necessitates closure of on- street parking zones, the Contractor shall bag or cover street sweeping signs in the vicinity of the parking zone closures in a manner approved by the Engineer prior to posting "NO PARKING" signs. Upon removal of the "NO PARKING" signs, all street sweeping signs which the Contractor covered shall be immediately uncovered. All costs for provided traffic control, including all requirements as detailed in this Section and as required for this construction project, shall be included in the lump sum price bid for "Provide Traffic Control and Delineation." IB. WATER If the Contractor elects to use City's water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to Contractor, less a quantity charge for water usage. X. CONSTRUCTION SURVEY Field survey for control of construction shall be provided by the Contractor. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally required for such construction. The Contractor shall make every effort not to disturb property corners; however, if a corner is inadvertently disturbed or must be removed in order to accomplish the work, the Contractor shall replace said corner at his sole expense. %I. PROTECTION OF PRIVATE PROPERTY Property lines abutting the proposed improvements are indicated on the plans. Prior to construction, the 0 • SP 5 of 13 Contractor shall verify the location of existing street trees, structures, planters, plant materials, irrigation systems, walkways, lighting, etc. and shall protect them in place and be responsible for, at his sole expense, any damage to them resulting from construction of the improvements. BII. RESTORATION OF JAMBOREE ROAD PARKWAY, ETC. The Contractor shall remove and reconstruct the public sidewalk within the westerly parkway along Jamboree Road between Pacific Coast Highway and Bayside Drive. Inasmuch as this sidewalk will be built at a higher elevation than the existing sidewalk, the Contractor shall also fill, grade, and reconstruct the connecting walkway and bus pad upon the adjacent privately -owned property. That property is owned by The Irvine Company (TIC) and managed by Regis Management Company. The City of Newport Beach and Regis have agreed that Regis will cut and cap irrigation systems, prune plant materials, replace sod, import and grade topsoil, restore irrigation systems, and modify concrete borders of planter areas within TIC property and the length of the parkway. The Contractor shall make every effort to minimize his work effort and damage upon TIC property and the length of the parkway, and shall establish a firm construction schedule and coordinate his work with Regis' foremen so that Regis' costs to restore TIC property and the length of the parkway are minimized. SIII. STREET TREE WORK ALONG CLAY STREET (BY CITY FORCES) City forces will prune and thin street tree foliage, remove roots which have raised or caused damage to the street improvements which are being reconstructed, and install root barriers as needed along Clay Street. This work will be performed in concert with the Contractor's removal and reconstruction of street improvements along Clay Street. Accordingly, the Contractor shall establish a firm construction schedule and coordinate his work with the City's Certified Arborist (Tele. 644 -3083) so that the City's cost to perform street tree work is minimized. SIV. CONSTRUCTION DETAILS A. MOBILIZATION Mobilization shall include the general site maintenance required to keep the project site in a neat and orderly condition throughout the construction period. B. 0 0 SP 6 of 13 UNCLASSIFIED EXCAVATION Unclassified Excavation shall include the removal of the interfering existing pavement sections and native materials as needed to place the new pavement sections and roadway improvements, and the disposal or recycling of the generated material, including unclassified fill. The Engineer anticipates an earthwork shortage in Jamboree Road and an earthwork excess in the remainder of the project, particularly Lake Avenue and Marine Avenue. Clean excess earth may be used as unclassified fill where necessary, particularly in Jamboree Road. The Engineer anticipates a net excess overall, necessitating disposal. C. ASPHALTIC CONCRETE PAVEMENT AND OVERLAY Asphaltic concrete pavement includes surface course and base course. Surface course asphalt concrete shall be Type III - C3-AR4000. Base course asphalt concrete shall be Type III- B2- AR8000. A.B. shall be "fine" Crushed Miscellaneous Base or better. Asphalt concrete base course is defined as (1) the asphalt required in pavement reconstruction areas to bring the area flush with the adjacent existing pavement, and (2) the asphalt required to bring thick A.C. overlays to within 2" of the proposed finished grade. Asphalt concrete surface course is defined as (1) the asphalt overlay placed on existing pavement where the overlay required is 2" or less, (2) the asphalt overlay placed on A.C. base course at pavement reconstruction areas (the surface course overlay depth should match the adjacent proposed overlays); and (3) the 2" asphalt overlay placed on A.C. base course in thick overlay areas. Surface preparation of existing pavement for AC overlay will be required in some areas before the proposed overlays can be placed. This surface preparation shall include, but not be limited to, crack routing, bump grinding, crack cleaning, and crack sealing with rubberized sealant approved in advance by the Engineer. All cracks ill or larger shall be sealed. Surfaces to be overlaid shall be cleaned by the use of airblowers, water or hand brooms. The D. E. 0 0 SP 7 of 13 overlaid surface shall be free of water, dust or foreign material before tack coat is applied. Thermoplastic- marked crosswalks and traffic legends, and raised pavement markers shall be removed by grinding or by some other method approved in advance by the Engineer prior to placing asphalt concrete overlay. At locations where new asphaltic concrete pavement is joining existing asphaltic pavement, the Contractor shall sawcut to provide straight, neat lines and place the new asphaltic concrete to form a smooth transition. Payment for sawcutting pavement shall be included in the pay item for Unclassified Excavation. The Contractor shall use a paving machine equipped with an automatic adjusting screed which is actuated by a 30 -foot "ski" for the entire asphaltic concrete overlay. Where depressions exist in pavement to be overlaid such that the overlay thickness will exceed 211, a leveling base course shall first be placed so that the final overlay will be of approximately uniform thickness. where extra milling (cold planing) of AC pavement is required due to previous overlays, or any other reason where the existing surface is abnormally high relative to the edge of gutter, payment for said milling shall be included in the unit price thereof, and no additional compensation will be allowed. Surface course seams shall align with proposed lane lines or as approved by the Engineer. PORTLAND CEMENT CONCRETE All exposed concrete surfaces shall conform in grade, color and finish to all adjoining curbs, walks, and other improvements. UTILITIES Existing underground utilities are shown per available records on Jamboree Road /Marine Avenue only. Only surface utilities have been shown on the remaining portions of the Plans. The Contractor shall be responsible for field verifying the actual locations and elevations of existing utilities prior to beginning construction of the new facilities. Adjustment to grade of gas meters, electrical and 0 0 SP 8 of 13 telephone vaults, cable T.V. pullboxes, and any other utility -owned facilities will be done by the utility companies. Adjustment to grade of City -owned and County Sanitation District facili- ties will be done by the Contractor as called for in the construction notes and provided for in the Standard Specifications. F. GUARD UNDERGROUND CONSTRUCTION (WATER MAIN REPLACEMENT) The Contractor shall obtain a permit to perform excavation or trench work from the State of California, Department of Industrial Relations (Cal- OSHA), prior to excavating any trench 5 feet or more in depth. The Contractor shall also submit drawings to the Engineer in accordance with Sections 7 -10.4 and 2 -5.3 of the Standard Specifications. All costs incurred to obtain the permit, to comply with the provisions of such permit, and to obtain the Engineer's approval shall be included in the various related items of work, and no additional compensation will be allowed. G. TRAFFIC SIGNAL LOOP REPLACEMENT The Contractor shall install and have inspected traffic signal loop installations prior to constructing the asphaltic concrete surface course. Traffic signal loop installations shall be inspected at the Contractor's sole cost by Signal Maintenance, Inc. of Anaheim, CA (714) 630 -4990. Signal Maintenance, Inc. shall provide the Engineer a written acceptance of their inspection prior to the Engineer's final inspection of the completed work. H. TRAFFIC STRIPING AND PAVEMENT MARKINGS This item of work shall be done in accordance with Section 210 -1.6, "Paint for Traffic Striping, Pavement Marking and Curb Marking" and Section 310 -5.6, "Painting Traffic Striping, Pavement Markings, and Curb Markings ", of the Standard specifications, except as supplemented or modified below. Paint for traffic striping and pavement markings shall be white Formula Number 2466 -A9 and yellow Formula Number 2467 -A9 as manufactured by J. E. Bauer Company. Delete Paragraph 1 of Subsection 310 - 5.6.7, 0 0 SP 9 of 13 "Layout, Alignment and Spotting" of the Standard Specifications and add the following: The Contractor shall perform all layout, alignment and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout, alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the Plans. The Contractor shall mark or otherwise delineate new traffic lanes, limit lines, pavement markings, etc., within 24 hours after removing or covering existing striping and markings. No street shall be without the proper striping over a weekend. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require that the Contractor reinstall "NO PARKING, TOW - AWAY" signs and renotify residents in accordance with Section VIII herein, respectively, at the Contractor's sole expense. If the Contractor removes, covers or damages existing striping or raised pavement markers outside of the work area, he shall re- stripe or replace the striping or pavement markers at his sole expense. New raised pavement buttons and markers shall be provided and installed per Plan by the Contractor in accordance with Section 85, "Pavement Markers ", of the State of California's Standard Specifications, except that raised pavement markers for the location of fire hydrants shall conform to City of Newport Beach Std.- 902 -L. The Contractor shall clean, protect, or replace within 24 hours raised pavement buttons and markers that have been damaged, removed, or covered as a result of the Contractor's work. New non - reflective pavement markers (Types A and AY) shall be ceramic. New reflective pavement markers shall have glass- covered reflective faces. Traffic stripes and pavement markings shall be applied in two coats. The first coat of paint shall be dry before application of the second coat. At least one coat of paint shall be applied for striping and markings within 24 hours after placing asphaltic concrete overlay. Where striping details shown on the Plans specify raised pavement markers only, such as in Details 0 0 SP 10 of 13 4, 7, 10, 13, 14, etc., one coat of the appropriate color paint shall be applied within 24 hours after placing asphaltic concrete overlay. Raised pavement markers shall then be installed within 15 to 30 days after placing asphaltic concrete overlay, and shall be placed directly over the striping. Thermoplastic traffic striping and pavement markings shall be Alkyd type and shall be installed per plan by the Contractor in accordance with Section 84 -2 "Thermoplastic Traffic Stripes and Pavement Markings" of the State of California's Standard Specifications. Thermoplastic shall be warranted by the Contractor against blistering, bleeding, excessive cracking, staining, discoloring, stripping and poor adhesion for at least 1 year. Previously -dated traffic striping and pavement marking plans listed herein and under Section I. Scope of Work shall be used as plans for traffic striping and pavement markings on this project. J. MISCELLANEOUS On Jamboree Road, existing pavement may remain in the southbound curb lane (the westerly 12' of pavement) when at least 6" of AC is placed directly upon it. Existing curb and gutter may remain when full dimension new curb and gutter is placed on or above it. Existing sidewalk may remain when at least 12" of earth cover at the right -of -way line is provided, measured to the rounded top of slope. The Engineer estimates the approximate amounts of existing improvements which may remain are: AC pavement, 2600 s.f.; curb and gutter, 210 l.f.; and sidewalk, 1000 s.f. Payment for remove and replace bid items shall be based upon the quantity of bid item constructed, not the quantity of bid item removed. Payment for transition curb and gutter shall be based upon the unit price of the adjoining new curb and gutter. K. DUCTILE IRON & PIPE FITTINGS - FURNISHING AND INSTALLING All ductile iron pipe and fittings shall be encased with a loose 8 mil thick polyethylene wrap. All pipe shall be sand bedded before laying in trench, in accordance with City Std. 106 -L. 0 SP 11 of 13 Fittings shall be manufactured in accordance with AWWA C110 (ANSI A21 -10) and shall be ductile iron. Cast iron fittings shall not be accepted. Flanged fittings shall be ductile iron material and shall conform to the requirements of AWWA Standard C -110 and ANSI A21 -10. Pipe and adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. All mechanical joints shall be retained with retainer glands. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with liberal amounts of anti -cease compound. Flange gaskets shall be full -faced Buna -N nylon impregnated rubber. Thrust blocks shall be installed at all fitting locations in accordance to City Std. 510 -L. Butterfly valve shall conform to Section 207 -20.2 of the Standard Special Provisions. Contractor shall submit specific valve model data for City approval prior to Contractor purchase or installation. Valve shaft and valve disc shall conform to Section 207 -20.2 of the Standard Special Provisions. The interior body and disc shall be internally epoxy lined. Application shall be on a sandblasted surface with preparation conforming to SSPC -10 requirements. The epoxy lining shall be an approved, thermally cured, fusion - bonded system. Brush applied epoxy coatings shall not be permitted. The operator shall be provided with a pointer assembly for valve position indication. An integral adjustable stop device shall be provided to prevent over - travel. The stops shall allow valve travel of degrees, with a minimum adjustability of + or - 5 degrees at each end of travel. All stops shall be of steel material. The water necessary to pressure test and flush the new water mains will be provided by the City at no cost to the Contractor. All other construction water will be metered and charged to the Contractor at the City's standard rate schedule. The Contractor shall make application to the City for all construction water by giving at least two 0 P SP 12 of 13 (2) days notice. The location for providing water will be the nearest active fire hydrant as determined by the City. The price per lineal foot of pipe shall include trench excavation; subgrade preparation; bedding; furnishing and installing pipe, bends, tees, crossings and appurtenances; dewatering and backfilling. All pavement reconstruction shall be per Plan R- 5663 -5. A six inch layer of sand meeting a SE30 grade or better shall be installed prior to placing the pipe. Prior to placing the pipe, the bedding shall be graded so that when installed, the pipe shall be in contact with the bedding for the full length. The pipe shall be installed to the line and grade shown. The pipe joints shall be made up strictly in accord with the manufacturer's instructions. The pipe shall not be deflected more than 5 degrees or more than that recommended by the manufacturer, whichever is less. The pipe shall be handled with canvas slings and care shall be taken not to bump or otherwise damage the pipe while it is being unloaded or placed in the trench. Care shall be taken to minimize foreign material from entering the pipe during installation. In areas where open trenching is used, excavations shall be braced or shored so as to provide conditions under which workman may work safely and effectively at all times. The latest revisions of the rules, orders, and regulations of the Division of Industrial Safety of the State of California shall be complied with. The Contractor shall submit to the Engineer detailed plans and substantiating calculations for shoring, bracing, sloping, etc., which does not conform with shoring system standards contained in the Construction Safety Orders. Such plans shall be prepared by a California - licensed civil or structural engineer. Water mains shall be pressure tested and disinfected in accordance with Section 306 -1.4.5 and Section 306 -1.4.7 of the Standard Special Provisions. Excavated native earth may be used as backfill adjacent to structural backfill. Backfill shall be free of trash, roots, clay, debris, and other deleterious material. SP 13 of 13 All trenches and pits shall be dewatered so that there is no free water visible when the first bedding material is deposited nor any time thereafter, and so that there is no uplift of the pipe. The requirements of tunnel dewatering set forth in Section 306 -3.3 of the Standard Specifications shall apply to this operation. The water shall be desilted before discharging it into a street, storm drain, sewer or the ocean. The Engineer's experience with excavations in this area indicates that hydrogen sulfide and /or other chemicals may be present in groundwater. If so, the water may not be disposed of as allowed by Section 306 -3.3 but shall be either discharged into the existing sewer or treated of as directed by the Engineer. Small quantities may be discharged into the existing sewer if approved by the Engineer. Quantities in excess of the flow accepted by the Engineer shall be treated and discharged into the storm drain or bay. Any such treatment beyond desilting will be paid for as extra work. $V. SOLID WASTE DIVERSION Unless specified elsewhere in this contract, all non - reinforced Portland cement concrete and asphaltic concrete waste generated from the job sites shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and total solid wastes disposed of at sanitary landfills. The Contractor shall report said tonnages monthly to the Engineer on a form provided by the Engineer. %VI. DESIGN CROSS SECTION SHEETS The City has 13 design cross - section sheets that will be helpful in estimating excavation, fill and disposal quantities. Upon request, the Engineer will provide prospective bidders a copy of these sheets free of charge at the City's Public Works Department office. 107718, YELLOW 77 EZA- 4'0,01-4C77C 3 .dd1.r 6p3 G� 9' 6111 yoy 6 °. 601 I. / / ^4C N QRpFESS /pN W N0. C 22045 z T r �, V * EXP. .nrq uJ q OF CAL\ i r ti o / r z� S: STo p CITY OF NEWPORT BEACH DRAWN.IIMMY DATE /olY3 PUBLIC WORKS DEPARTMENT APPROVED 5/7',8,1. /�MAi+ -}P/C, 1(1 ��R!`A �Fic GEVU�Zrt/V6�I e� C604 7 J / .GG� % R.E. NO.Z2045 DRAWING NO. \ O O O \ V19. =o�p b Ooh \ \ \ N QRpFESS /pN W N0. C 22045 z T r �, V * EXP. .nrq uJ q OF CAL\ i r ti o / r z� S: STo p CITY OF NEWPORT BEACH DRAWN.IIMMY DATE /olY3 PUBLIC WORKS DEPARTMENT APPROVED 5/7',8,1. /�MAi+ -}P/C, 1(1 ��R!`A �Fic GEVU�Zrt/V6�I e� C604 7 J / .GG� % R.E. NO.Z2045 DRAWING NO. STATE OF CAUFORNIA DEPARTMENT TRANSPORTATION ENCROACHMENT PERNW In compliance with (check one): X Your application of U�L1 Utility Notice No. Agreement No. R/W Contract No. TO: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 I 12 -ORA -1 -17.43 THIS PERMIT EXPIRES MAY 31, 1994. ATTN: LLOYD DALTON, DESIGN ENGINEER PHONE: 714/644 -3311 PERMITTEE and subject to the following, PERMISSION IS HEREBY GRANTED to: cold -plane and construct an A. C. overlay across Jamboree Road along the curbline of southbound Pacific Coast Highway (ORA -1) in Newport Beach, all in accordance with current Caltrans Standard Specifications and Standard Plans, the attached Provisions and Permit Plan dated AUGUST 17, 1993. Permittee shall contact State Permit Inspector DON PERUZZI at 714/954 -0519 and State Electrical Inspector BOB CURL at 714/9540406 between 7 AM and 9 AM a minimum of two working days prior to the start of work and a pre - construction meeting will be scheduled at the earliest mutually agreeable time. Failure to comply with this requirement will result in suspension of this permit. Permittee's Contractor shall, furnish the State with a signed application requesting a separate Caltrans permit authorizing the Contractor to perform the work within the State Highway right of way for the Permittee. Permittee's Contractor will be required to pay a deposit of $350.00 estimated for inspection costs and to reimburse the State for the actual costs incurred for engineering inspection of the work are also included as X Yes _ No General Provisions _ Yes _ No Utility Maintenance Provisions X Yes _ No Special Provisions Yes _ No A Cal-OSHA permit required prior to beginning wodl t actual costs for. _ Yes -X No Review _ Yes X No Inspection X Yes _ _ _ _ _ Field Work Of any CoRrons effort expended) Yes _ No The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before MAY 31, 1994. This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work sholl be commenced unfit oil other necessary permits and environmental clearances have been obtained. DON PERUZZI- INSPECTOR BOB CURL - ELECTRICAL INSPECTOR ca(without attachments) Orange Maintenance (2 copies) Alfred Page 1 of 2 I District Permit NAME: 3300 NEWPORT BOULEVARD• PERMIT #: 1293 -NRM -0494 DATE: August 17, 1993 within the State right of way and other permit related field work performed by Caltrans Maintenance Forces. All work involving the existing traffic signal system shall be coordinated with Bob Curl, who shall be contacted a minimum of 48 hours prior to any destruction or replacement of loop detectors. Permittee's attention is directed to Standard Specifications Section 7 -1.11, "Preservation of Property", and Business and Professions Code Section 8771. Permittee shall physically inspect the work site and locate all existing survey monuments prior to the start of work. Monuments shall be referenced or re -set in accordance with the Business and Professions Code. In addition to the attached General Provisions, form DM- M- P -202B, the following Special Provisions are applicable: 1- California Highway Patrol Area Commander at 7141558 -6736 and OCTA DETOUR COORDINATOR (714/638 -9000, extension 4130) shall be notified at least 48 hours prior to implementing traffic control which requires lane closures. 2- A minimum of two working days prior to the start of any excavation authorized by this Permit, Permittee shall notify UNDERGROUND SERVICE ALERT at 1- 800 - 422 -4133. All existing State facilities (including traffic signal and lighting systems) shall be protected in place. All such facilities damaged by this permitted work shall be immediately repaired/replaced to the satisfaction of the State Inspector, at no cost to the State. 3- All traffic control shall be provided, installed and maintained by Permittee in accordance with State Standards and subject to the approval of the State Permit Inspector. All work which requires traffic control shall only be performed on weekdays between 9 AM and 3 PM. Whenever work is within 6 feet of a traffic lane, that lane shall be closed to public traffic. 4- All traffic control which requires lane closures shall be in compliance with the appropriate STANDARD PLANS traffic control plan. Where required by the plan, the use of a flashing arrowboard is MANDATORY. A minimum of two lanes in the southbound direction along Pacific Coast Highway shall remain open to public traffic at all times. 5- Orange vests and hard hats shall be worn at all times while working within State right - of -way. 6- In the event of any discrepancy between the Permit Plans submitted by the permittee and these Special Provisions, the Special Provisions shall prevail. 7- All existing pavement markings and striping removed by the cold - planing operation shall be replaced in kind. 8- Permittee's attention is directed to GENERAL PROVISIONS Item #11, "Provisions for Pedestrians ". 99- Immediately following completion of the work permitted herein, Permittee shall fill out and mail the attached postcard. Page 2 of 2 DEPARTMENT OF TRANSPORTATION MCRO4 ELMNT PERMT GENERAL PROVISIONS 1*.ST P 202B (Rev. 1199) 1. 3. 4. 5. 6. 7. Authority: Each Encroachment Per- mit is issued In accordance with Chap- ter 3 of Division 1, commencing with Section 660. et seq.. of the Streets and Htg4aa« Code (SHCI ise+srrsias Llcept as otherwise pro- vtded for public corporations fran- chLse holders and utilities En- croachment Permits are revocable on five (5)da j' notice. These General Pro visions Utility Maintenance Pro visions, jnd any Encroachment Permit Issued hereunder rre revocable or sub- ject to modthcatlon or abrogation at any time, zafthout prejudice, however, to pliur HGllis. including those eviden- ced byjofnt use agreements. franchise rights rc:vtrvcd right& or any other agreements for operatlrg purposes In the State highway right -of -way. 1l¢4p0nsib!2 Party: No party other than the nazned permittee or their agent Is authorized to work under any permit Acceptance of Provisions It is understood and agreed by the permit- ted that elm doing of any work under this perm!-, ahzll constitute an accep- tomcc of the pimvlsions of this permit and all attachments. :7xticeP :3.zts9fa:lWOr� Before starting work under the Encroach- ment Permit. the permittee shall notify the designated Department represen- tattve two 2) working days prior to Ini- tial start ctwork When work has been hlterrlpte4 for more than ftve(5) work- ing days, an additional 24 -hour notlficati is is regLlred before restart- ing wont unicss a pre - arranged agree - zrent bps been made with the Department's repraentattve. Unless otherwise apxifled: all work shall be performed on weekdays and during normal working hours of the Depart- ment's representative Stands" of Construction: All work pciormed within the highway shall conform to recognized standards of construction and the current Depart- ment Standard Specifications Stan. lard Platys and bianual on High and Low Risk Facilities Within Highway Rlghtacf- -Way and any Special Pro- visions re'.atfng thereto. laspeetlua cad Approval by the Departmeab Ul work shall be subject to monitoring Inspection, and approval by the Department The per- mutes shell Irquert a final Inspection and acceptance of the work Keep Pc:sr = the Work Site The Emerpaehmtnt Permit or a copy thereof shad tz kcpt at the site of the work and must be shown to any rep resentative cf the Department or any law enfoncencnt officer on demand WORK SIVaL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE AS PROVIDED. 9. Conl9leting Permits: If a prior encroachment conflicts with the pro- posed work the new permittec must arrange for any necessary removal or relocation with the prior permittee. Any such removal or relocation will be at no expense to the Department 10. Permits From Other Agencies: The party or parties to whom a permit is Issued shall whenever required by law, secure the written authorization for any work that must be approved by the Public Utilities Commission (PUC) of the State of California. CALOSHA or any other public agency having juris diction Failure to comply with the law, as noted above. will invalidate the Department's permit 11. Provision for Pedeffbiaas Where facilities exist a minimum sidewalk and bikepath width of four feet (41 shall be malntalned at all times forsafe Passage through the work area At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic At locations where adjacent alternatewalkways cannot be provided appropriate slgm and barricades shall be installed at the Ilmlts of construction and in advance of the closure at the newest crosswalk or Intersection to divert pedestrians across the street 12. Protection of iraffie Adequate pro visions shall be made for the protection of the traveling public Warring signs lights and safety devices and other measures required for the public safety shall conform to the require- ments of the Manual of Traffic Controls issued by the Department Traffic control for day or nighttime lane closures shall be In conformance with Department Standard flans for Traffic Control Systems. Nothing in the permit is Intended as to third panic& to impose on pennittee any duty. or standard of care, greater than or dif- ferent than the duty orstandard of care Imposed by law. 13. ldnis am Interference with Train 91c: All work shall be planned and car- ried out so that there will be the least possible Inconvenience to the travel - Ing public The permittee is authorised to place properly attired flagger(s) to stop and wars conventional highway traffic Traffic shall not be unreason- ably delayed Fiaggingprooerdurashall be In conformance with the Instruc- tions to Flaggers pamphlet and/or Manual of Traffic Controls for Construction and Maintenance Work Zones Issued by the Department 14. 61torage of 6galpment and Materials The permittee shall Install temporary railing(7ype 10 between any lime carry. Ing public traffic and any obstacle material stored or equipment parked within twelve feet (127 of the lane Utllltles are subject to the provisions of Section 22512 of the California Vehicle Code(CVQ. 15. CareofDrrt-ragt_- If the work contem- plated in any Encroachment Permit shall interfere with the established drainage. ample provision shall be made by the permittee to provide for it as may be directed by the Department 16. blokl"Repatrs: Ineverycase.theper- mittee shall be responsible for restor- ing to lts former condition as nearly as may be possible any portion of the State highway facility which has been excavated or otherwise disturbed by permittee. The permittee shall main- tain the surface over facilities placed under any permit If the highway is not restored as herein provided for, or if the Department elects to make repairs permittee agrees by acceptance of per- mit to bear the cost thereof 17. Permits for Record Onar: If occupa- tion of highway right -of -way Is under joint use agreement or under prior casement. Encroachment Permits will be issued to the permittee for the pur- pose of providing the Department with notice and record of work The permit will also specify the current terms and conditions relating to public safety. No new or different rights or obligations are Intended to be created by the permit In such cases, and all such prior rights shall be fully protected Encroaa5m ent Permits Issued in spell cases shall have designated across the face thereof 'Notice and Record Purposes Only". (District Office of Right of Way must give approval for this designation) 18. Clean Up Right-of-Way: Upon com- pletion of the work all brush timber, scrap& material, etc shall be entirely removed and the right -of -way shall be left in as presentable a condition as existed before wnrk started 19. CostofWork Unless otherwise stated on the permit orothereeparate written agreement all costs incurred for work withing the State right -of -way pun suant to this Encroachment Permit shall be borne by the permittee, and permittee hereby wawa all claims for Indemnification or contribution from the State for such work 20. AetaalCOstilMine Whenthepermlt- tee In to be billed actual costs (as Indicated on the face of the permit), such costa will be at the current hourly rate established by the Department for Encroachment Permit& 21. (Submit IU= For installation of all underground facilities and all surface work or other activity of consequence, the permitt c shall furnish five (5) sets of piano showing location and con- struction or other activity with Its application Thtrty (301 days after 22 0M 24. U completion aid acc- ptarcz of thz work one (l) set of eabul;t plans ; : -71 be submitted to the District, Sondblg This posit *,I; rot is effective for any purpeae unless and until the permittee fifes wW% the Department a surety bond when required by the r; pa tment in the form and amount required by the Department A bond Is not crdira:-ily required of any public competion or publicly or prtvately -owned utility but will be r,qulred of any ut'-llty that falls to meet any obligation arising out of the work permitted or done under an Encroachment Permit cr fails tc mni�, tam Its plant, work or facihtls The laid bond shall remain In force for a period of one (1) year after acceptance of the work by the Pepertment. MAbdcsanoe of S:lgka'ay' The permittee agrees, by aa-eptaran of a permit to properly maintain any encroachment Thle will roqu!re Inspection and repair of my damage to State facilities resulting from the enemachmrent RxoporafblEh3forDma9y^rrs The State of California and all officers and employees thereof Including but not Limited to the D1rr_±ar of 7`z-r aporta- tlor_ and the Deputy Di cc or, shall not be answersb!e or scmuntable in any manner• far injury I cr death of my penort Including bit not limited to thept mlItc. xrsc emptoyed bythe permitter peraorm acting in bthatf c* the permlttet- or for tia=z: sc tc p,P. perty, from any cause The permutes shall be rwpsns!ble fcr v.-,y Imposed by dew and for injurcc to or death of any pem.,L including bu, not Limited to LA perirdtttv4 perzorx employed 'cry. tine 'ytrmitice, pc,rT,a,i acting In bthalf of the pernrmve, or damage to prepertyarising out ofwoi,< or other ek,-V -l;.y perm.: s:::trdonehy the permittee under a perzalt Or aria. Ing cut of the fal!wfr, ran the pemUtee s part to WrfOrm .'ale ObIleatfons unde: any permit in m7!tit to snag, :trnan:°e or any other ob ;Sgatioru% or rauttl:.g from defects or obstructlrna or from any .:tuft whatscvzer during the pro- gress of thew-ork or ottleractivity, or at any subsequent time work or other activity 1s being performed under the obligations provldtd by and content. plated by the pemit The per-mittee shall mdcmnfry and save harmleas the State of California and all offcers and employees thereat Including but not limited to the Dina for of Transportation and the Deputy Director. from all CISI , wits or actions of every name, kind and des - aiptlon brought for or on account of Injuries to or death of any pemory including but not limited to the permitter persons employed by the Permitter . Persons acting In behalf of the permitter and the public or damage to property resulting from the p;.. „-... ..., -e.Jt 1.Ity unde,ihr cr-..., ,.._.L,r.. fallurt t:: y-.- r:r!:, e's pr_t to pr:r- for_r in t cr any 0' er obliga_ aim 7r r`+. .L'lt ;its f; om defects or of :structiona ar from any cause whatz -o ver fur;; -s she. }rngr-n of the work or o'.S._r a- t`!t,v :r Lt any auh>e- quent trnr :...: . r ot" r.r acti'i.y IJ fixingpesir :ice ur: - :r I:z obligations �.xgded t•! ._..I' rm . rz ...alrl :z7�a 't} the peit esrp! �; T . _., tcoaHded vy8LatJ tr` T'9c U�`^ Ia��;_.0 ±..t -�tt -' i0 !ndz..mif}•rx :!. ....;�a traj '.a^s Uhl, •�,_?';::� tc ... _ iL : + -i: u Section 2778 .; rib. i,Y; ri,° Ytre pelZlitte'_:Pr:•.; C ^G * ? ^'SC.r sl ;.&role tc� any type ar e,p.. :',_ :; :tt or ta;putd Irldt"•r!i;• _-. ;+ .,. its offlctrz or o_apl'c z•.±. ;t L'. ;ire :; :..,�t of the rant P. •, th- tl tiiti'.t Willi m indenlfy and hold - '`,a-ni, ^.s^ the State, im cffi,r l sn!`: Lom any and all cisinz, suits or zcticns as act forth r,Love rega-dl rs of the cos fence or deace of fauA or negllGer.m whether acthe or passtvr pr lm&N or accondary, on the part of the State. the pe mittee. persons eripicy-,e cy the permitter or pereons noting, in b -t!mif of the permitter 25. 1WMI CS7fl for and c th1. - :sE>.e cu*�ctcrr deli' the r,i ;`> ,. o ,airy FmpriYSmetr ' ..<l; > :'� %. F•r,�g nn.•' rse furafii_i :- ' t' :..i =�.. ItG -d rtnar :a'1 1M .. tort: b;° ztl4rtf5n One Ivitution 4f t7 ^!`. ' °.e " ^lSi rr1U8D tors In the e lccticn of em0d -tier rvch else crmination shall raGt be pa,Kicrl agsinst the publc 1„ U-0r 2-ceas to and use of the facilatz-3 art! "ON-1ces Provided [Cr yab;lc s^vmn ;odaiions (such se athiy x;eeplag rasi. mra- Goo). and operated ca, over, or under the &Pare of file 71,01[- o!4ay, and 4) that the Permitter tdtitll use the pin mists In compliance with all oaten requirements imprx,ed purauent to Title 15, Code of Federal R ligulailony, Commerce and Foreign Trade Subtitle AC11mof the S ttryorc- mmetce, Pad 6 (15 CF.R, Fart 61 and as said Regulations may be amended S That in the event of breach of any of the above nondiscaimmatlon covenant& the State shall have the right to ter- minate the Permit and to re-enter and repoesea• said lend and the facilities thereon. old hold the same as If acid permit had rover been made or lroueal 2e• No Vr�;Md=t NvLabliahed: this per- mit is Issued with the understanding that any Particular action Is not to be considered as establishing any precen. dent (1) on the question of the exPediency of permitting any certain kind of encroachment to be erected within right -of -way of State highways, or (2) as to : V utility of the accep tabaity of any such permits as to any other or future situation 27. As•:f,eztkx�^rak The p= rmlttee shall cewe "rk In the vicinity of any archacc!ortcal resources that are rzvraled. Tire Ferr-lit Engineer shall be notit?ed Lr;:zr.ML:+.;tty. A qualified atzlleeclo :4:st ratz:ned by the permit. tee, wit evaluate the situation and nake re:•ommerrdatiors to the Permit £ngtnen concerning the continuation of the work. 26. Trrbrrs `adDifiq<g of lruEataatlone Ifthe Encroachment Permit was Issued at the r %quest of the permitter it is understood Lilt whenever State con. stsltction, Irmnstructlon or maln- temance work on the highway requires the Installation to be move& adjusted or relacrited, fire permitter at his sole vcper�-- capon request of the Depart. ment ah4l ca_r.•ply with raid request PA 9'rSr@ir.I.lq Wttgw— Construction. cltonNOn, dm:ol!tica, repair or main. Senzrc° wort' P'erfornod under a per. alit - +,wend ey the Department of Trans. potation msy z —.juire the owner ;per - mittee to p,:.y adl ivorkers employed by the mnuac :cr and subcontractors the approrrate predetermined prevailing v ego rat: .;sz set by the Director of the DePt•iment of Industrial Relations See California Labor Code. Division 2. Put 7. (commencing with section 1720). Sheets and Highways Code Chapter 3, A -bole 2 Section 671.1. and Opinion or the Aitomcy General of the Stale of Cell ;onto No. 86603, dated De. b.tr 31. 1966. Inquires or requests for Interpret. allons relative to the enforcement of prevailingwwge requirement should be directed to the State of Caltfomfa Department of Industrial Relations 525 Golden Gate Avenue. San Fran. CtncO. Ca)tfomts 93102. RECOMMENDATION: Award Contract No. 2928 to Boral Resources, Inc. for the Total Bid Price of $766,892.00, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on December 22, 1993 the City Clerk • opened and read the following bids for this project: Bidder Total Bid Price Low Boral Resources, Inc. $ 766,892.00 2 Shawnan Corporation 782,538.00 January 10, 1994 • 783,383.00 CITY ITEM COUNCIL AGENDA NO. 6 817,653.00 5 Griffith Company 821,304.00 6 Sully- Miller Contracting Company 869,216.00 7 Clayton Engineering, Inc. TO: Mayor and Members of the City Council All American Asphalt 974,300.40 FROM: Public Works Department JAN 1 0 SUBJECT: MEASURE M STREET REHABILITATION (C -2928) I AP ROVED RECOMMENDATION: Award Contract No. 2928 to Boral Resources, Inc. for the Total Bid Price of $766,892.00, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on December 22, 1993 the City Clerk • opened and read the following bids for this project: Bidder Total Bid Price Low Boral Resources, Inc. $ 766,892.00 2 Shawnan Corporation 782,538.00 3 Excel Paving Company 783,383.00 4 R. J. Noble Company 817,653.00 5 Griffith Company 821,304.00 6 Sully- Miller Contracting Company 869,216.00 7 Clayton Engineering, Inc. 867,390.00* 8 All American Asphalt 974,300.40 * Corrected Total Bid Price is $879,740.00 The low bid is 2% above the Engineer's estimate of $750,000. The low bidder, Boral Resources, Inc., is a well - qualified general engineering contractor which has successfully completed previous contracts for the City and for other public agencies. • This project provides for street rehabilitation ranging from total reconstruction to patching plus asphalt overlay; removal and reconstruction of defective portland cement concrete improvements; and construction of curb access ramps and panels of sidewalk. The work will be performed on the following streets, shown on the attached location map: 1. Lake Street, from 32nd Street to 36th Street 2. Jamboree Road, from PCH to Bayside Drive 0 0 Subject: Measure M Street Rehabilitation (C -2928) January 10, 1994 Page 2 3. Marine Avenue, from Bayside Drive to Balboa Island • Bridge 4. Bayside Drive, from PCH to Jamboree Road 5. Dover Drive, from Westcliff Drive to PCH 6. 16th Street, from Dover Drive to Seagull Lane 7. Clay Street, from Irvine Avenue to St. Andrews Road Additionally, a 12 -inch cast iron water main to Balboa Island will be replaced concurrently with the reconstruction of Marine Avenue. Funds to award the con following budget appropriations: Description Measure M Turnback Program Water Main replacement Program tract are proposed from the Account No. Amount 728398313090 $703,874 750398500003 63.018 Total $766,892 • The Measure M Turnback Program funds should be transferred into Account No 728398313095 for project accounting purposes. Plans and specifications for the project have been prepared by the firm of Norris - Repke, Inc., Consulting Civil Engineers, and by Staff. The contract specifies that all work shall be completed within 90 consecutive calendar days, but no later than May 31, 1994. The contract also specifies that the Marine Avenue /Jamboree Road site be the first location of work. c Benjamin B. Nolan Public Works Director LD:so Attachment s • TO: I WITO C November 22, 1993 CITY COUNCIL AGENDA ITEM NO. 17 Mayor and Members of the City Council Public Works Department SUBJECT: MEASURE M STREET REHABILITATION (C -2928) RECOMMENDATION: 1. Approve the plans and specifications. 2. Affirm the Categorical Exemption. NOV 2 P ROVED- 3. Authorize the City Clerk to advertise for bads to be opened at 11:00- A.M..on.December 22., 1993. 4. Authorize Staff to enter into an agreement with Regis Management Company. DISCUSSION: • The F.Y. 1993 -94 budget contains an appropriation for constructing and resurfacing local and arterial streets using funds provided through the Measure M Turnback Program. Staff has selected the following streets (see attached location map) to be included in the Measure M contract: 1. Lake Street, from 32nd Street to 36th Street 2. Jamboree Road, from PCH to Bayside Drive 3. Marine Avenue, from Bayside Drive to Balboa Island bridge 4. Bayside Drive, from Jamboree Road to PCH 5. Dover Drive, from PCH to Westcliff Drive 6. 16th Street, from Dover Drive to Seagull Lane 7. Clay Street, from Irvine Avenue to St. Andrews Road Work needed along these streets ranges from total reconstruction to mere patching plus asphalt overlay; removal and reconstruction of defective portland cement concrete improvements; root pruning or street tree replacement, plus installation of root barriers; construction of curb access ramps and panels of sidewalk; and restriping. The pavement improvements will strengthen the roadbed for approximately 20 years of additional life. • The work includes eliminating the adverse crown in the southbound lanes of Jamboree Road. To do so, the westerly half of the street adjacent to the Promontory Point Apartments must be reconstructed at a higher elevation. A certain amount of grading, irrigation system modification and relandscaping will be required on the Promontory property and in the westerly Jamboree Road parkway down to Bayside Drive. The Promontory property is owned by The Irvine Company (TIC). The Promontory property and the entire westerly parkway is maintained by Regis Management Company. 0 0 Subject: Measure M Street Rehabilitation (C -2928) November 22, 1993 Page 2 Staff has met onsite with representatives from TIC and • Regis to explain in detail the proposed work. All parties have agreed that it is preferable for Regis personnel to restore the irrigation systems and landscaping upon TIC property and within the parkway. Accordingly, Regis has submitted a proposal (copy attached) to do the work, and upon award, Staff recommends that a purchase order be authorized to compensate Regis. Additionally, the 12 -inch cast iron water main to Balboa Island is in need of replacement. Since Marine Avenue is to be reconstructed between Bayside Drive and the bridge, that portion of the 70 -year old main will be replaced as part of the project. Plans and specifications for the project have been completed by the firm of Norris - Repke, Inc., Consulting Civil Engineers and Land Surveyors. The Engineer's Estimate is $700,000 for the street work and $50,000 for the water main work. Sufficient funds to award these amounts are available in the appropriations for the Measure M Turnback Program and for the water main replacement program. Inasmuch as the work is considered as replacement and • reconstruction, the project is categorically exempt from the provisions of CEQA. A Notice of Exemption (NOE) has been prepared by Staff and approved by the Environmental Coordinator. Upon affirmation by the City Council, the NOE will be filed with the County Clerk. The contract specifies that all work be completed within 90 consecutive calendar days, but no later than May 31, 1994. The contract also requires that the Marine Avenue /Jamboree Road site be the first location of work. Benjamin B. Nolan Public Works Director LD:so • Attachments (2) • • 0 0 f�egis Management Company :\ S \RES • RIt:GIS G o ul euic September 17, 1993 Lloyd Dalton, Engineer Public Works Dept. City of Newport Beach 300 Newport Blvd. Newport Beach, CA 92658 -8915 RE: Jamboree Street Renovation by City adjacent to Promontory Point Apartments Dear Mr. Dalton: Regis Management Company is please to submit the following proposal to renovate the landscaping along Jamboree Road, using our on -site Contractor, Park Landscape. 1. Irrigation renovation and repairs; labor and materials to include the following: A. Cutting and capping the existing parkway irrigation system. B. Raising and moving (13) Toro XP300 sprinkler heads adjacent to new sidewalk (8' from edge of curb). C. Materials to include: pipe, nipples, connectors and street elbows. Total Materials $ 200.00 Labor - One irrigation technician 16 hours One laborer 16 hours Total Labor $ 656.00 2. Pruning of Xylosma shrubs near pine trees adjacent to new sidewalk and raised street. Labor - Two men six hours Total $ 180.00 3. Replacement of sod adjacent to new sidewalk: Total square footage 1,000 @ .65 $ 650.0 RECEIVED S'I'R A "1'I :G IC A L L I A NC I :S IN RGAL 1: ST A TB S R\' CB sp 7.01993 19802 Kirdwi A,,.. Ir,m,, CA Q'15,1521 (714)756 -5959 Fax (71 ip56-59 5 Page 2 4. Extend existing concrete border of planter area: A. Extend both sides by 2 feet (total 4 feet) Total $ 200.00 5. Grading and soil replacement: 10 yards @ $ 35.00 per yard $ 350.00 Supervisor $ 335.00 Grand Total $ 2,571.00 It is my understanding that this work is now tentatively scheduled to start after January 1, 1994. Please let me know if there is further information you need from Regis. I would appreciate notification of the finalize date once your schedule is set. Sincerely, NIOA" Q" Lorraine M. Danaj Landscape Manager LMD /cg cc: Karl Deshayes, Regional Property Manager • • Pv November 8, 1993 CITY COUNCIL AGENDA ITEM NO. 12 • TO: Mayor and Members of the City Council FROM: Public Works Department NOV SUBJECT: MEASURE M STREET REHABILITATION (C -2928) 1A7, ,�A, "/. ./"' 1. Approve the plans and specifications. 2. Affirm the Categorical Exemption. 3. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on December 1, 1993. 4. Authorize Staff to enter into an agreement with Regis Management Company. • The F.Y. 1993 -94 budget contains an appropriation for constructing and resurfacing local and arterial streets using funds provided through the Measure M Turnback Program. Staff has selected the following streets (see attached location map) to be included in the Measure M contract: 1. Lake Street, from 32nd Street to 36th Street 2. Jamboree Road, from PCH to Bayside Drive 3. Marine Avenue, from Bayside Drive to Balboa Island bridge 4. Bayside Drive, from Jamboree Road to PCH 5. Dover Drive, from PCH to Westcliff Drive 6. 16th Street, from Dover Drive to Seagull Lane 7. Clay Street, from Irvine Avenue to St. Andrews Road Work needed along these streets ranges from total reconstruction to mere patching plus asphalt overlay; removal and reconstruction of defective portland cement concrete improvements; root pruning or street tree replacement, plus installation of root barriers; construction of curb access ramps and panels of sidewalk; and restriping. The pavement improvements will strengthen the • roadbed for approximately 20 years of additional life. The work includes eliminating the adverse crown in the southbound lanes of Jamboree Road. To do so, the westerly half of the street adjacent to the Promontory Point Apartments must be reconstructed at a higher elevation. A certain amount of grading, irrigation system modification and relandscaping will be required on the Promontory property and in the westerly Jamboree Road parkway down to Bayside Drive. The Promontory property is owned by The Irvine Company (TIC). The Promontory property and the entire westerly parkway is maintained by Regis Management Company. 0 Subject: Measure M Street Rehabilitation (C -2928) November 8, 1993 Page 2 Staff has met onsite with representatives from TIC and Regis to explain in detail the proposed work. All parties have agreed that it is preferable for Regis personnel to restore the irrigation systems and landscaping upon TIC property and within the parkway. Accordingly, Regis has submitted a proposal (copy attached) to do the work, and upon award, Staff recommends that a purchase order be authorized to compensate Regis. Additionally, the 12 -inch cast iron water main to Balboa Island is in need of replacement. Since Marine Avenue is to be reconstructed between Bayside Drive and the bridge, that portion of the 70 -year old main will be replaced as part of the project. Plans and specifications for the project have been completed by the firm of Norris- Repke, Inc., Consulting Civil Engineers and Land Surveyors. The Engineer's Estimate is $700,000 for the street work and $50,000 for the water main work. Sufficient funds to award these amounts are available in the appropriations for the Measure M Turnback Program and for the water main replacement program. Inasmuch as the work is considered as replacement and • reconstruction, the project is categorically exempt from the provisions of CEQA. A Notice of Exemption (NOE) has been prepared by Staff and approved by the Environmental Coordinator. Upon affirmation by the City Council, the NOE will be filed with the County Clerk. The contract specifies that all work be completed within 90 consecutive calendar days, but no later than May 1, 1994. The contract also requires that the Marine Avenue /Jamboree Road site be the first location of work. - / au Benjamin B. Nolan Public Works Director LD:so • Attachments (2) 1>egis Management Company :1 ( l n q vu is isSeptember 17, 1993 Lloyd Dalton, Engineer Public Works Dept. City of Newport Beach 300 Newport Blvd. Newport Beach, CA 92658 -8915 RE: Jamboree Street Renovation by City adjacent to Promontory Point Apartments Dear Mr. Dalton: •Regis Management Company is please to submit the following proposal to renovate the landscaping along Jamboree Road, using our on -site Contractor, Park Landscape. 1. Irrigation renovation and repairs; labor and materials to include the following: A. Cutting and capping the existing parkway irrigation system. B. Raising and moving (13) Toro XP300 sprinkler heads adjacent to new sidewalk (8' from edge of curb). C. Materials to include: pipe, nipples, connectors and street elbows. Total Materials $ 200.00 Labor - One irrigation technician 16 hours One laborer 16 hours Total Labor $ 656.00 2. Pruning of Xylosma shrubs near pine trees adjacent to new sidewalk and raised street. • Labor - Two men six hours Total $ 180.00 3. Replacement of sod adjacent to new sidewalk: Total square footage 1,000 @ .65 $ 650.0 FrICP EEIVED STRATEGIC ALLIANCES IN REAL ESTATE Sf:R \' `Or 18802 B,rdccn A,,.. Ir, in r, CA 9?'15 -15?1 (714)756 -5959 fux (711)756 -5_ u cede Li llti �%�'�' Page 2 • • 1 4. Extend existing concrete border of planter area: A. Extend both sides by 2 feet (total 4 feet) Total $ 200.00 5. Grading and soil replacement: 10 yards @ $ 35.00 per yard $ 350.00 Supervisor $ 335.00 Grand Total $ 2,571.00 It is my understanding that this work is now tentatively scheduled to start after January 1, 1994. Please let me know if there is further information you need from Regis. I would appreciate notification of the finalize date once your schedule is set. Sincerely, N/04 4"a Lorraine M. Danaj Landscape Manager LMD /cg cc: Karl Deshayes, Regional Property Manager • •