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HomeMy WebLinkAboutC-2931 - Birch Street Overcrossing at State Route 73ATLANTA BOSTON CHICAGO LOS ANGELES M I N N E A P O L I S 0 0 ROBINS, KAPLAN, MILLER 8 CIRESI ATTORNEYS AT LAW "i V pA) L.. "` ORANGE COUNTY SAINT PAUL SAN FRANCISCO WASHINGTON,D. C. Ms. Lavonne Harkless City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Mr. Bill Patapoff Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Principal Claim No. Bond No. Project Our File No. SUITE 3700 2049 CENTUKY PAKK EAST LOS ANGELES, CALIFORNIA 90067 -3283 TELEPHONE (310) 552 -0130 FACSIMILE (310) 229 -5800 January 6, 1999 '99 JAN 11 A10:19 0FTICE i0F ?r Cf' Y CLERK CITY OF I- - - VPOitT DcACH DAvrD L. NASH 1 Date ., I 1/ l ' T i Coonseatte ❑ Maya ❑ Council Member ❑ Manager rrAttorney ❑ — ❑ - Heritage Engineering & Construction, Inc. 180 001492 803 31 92 Birch Street Overcrossing - Newport Beach (Contract No. 293 1) 240127.0063 Dear Ms. Harkless and Mr. Patapoff: As Mr. Patapoff is already aware, this office represents Fidelity and Deposit Company of Maryland ( "F &D ") in connection with the above referenced project. We are directing this letter to both Ms. Harkless and Mr. Patapoff in accordance with Mr. Patapoff s request. As previously discussed with Mr. Patapoff, F &D has been investigating and resolving the various stop notice claims asserted against this project. All claims have now been resolved and F &D has taken an assignment of the various claims it has paid. Enclosed, please find fully executed releases and assignments for the following stop notice claims: 6062056.1 Ms. Lavonne Harkless Mr. Bill Patapoff January 6, 1999 Page 2 Claiman Amount of stop notice Traffic Control Service, Inc. $7,453.31 * *' J &K Welding $347.50 ** Ulmer Industries $1,081.85 CA. Portland Cement (dba Catalina) $79,866.16 ** Calmex Engineering $60,476.43 Martha McCraw (dba M &M) $9,891.79 Van Matre Lumber Co, Inc. $22,525.60 Western Equipment Outfitters, Inc. $2,262.00 Dependable Equipment $1,997.74 F.J. Johnson, Inc. $90,857.37 Pavement Recycling Systems, Inc. $6,796.16 Marden Susco, LLC $19,138.88 Westerm Waterproofing Co., Inc. $2,737.00 ** American Standard Concrete Pumping $9,700.25 ** Tom Malloy Corp. $1,181.002 Orange County Striping Service, Inc. $27,637.34 C &H Truck Service $4,800.00 American Barricade, Inc. $485.00 Pre -Con Products, Inc. $210.11 TOTAL $349,445.49 Because F &D has resolved the stop notice claims identified above, has taken assignments of most of the stop notice claimants' rights, and the statutory time for stop notice claimants to file suit having expired, F &D now requests that the funds withheld pursuant to these stop notices be released and paid to F &D. F &D is entitled to these funds based on F &D's rights under the Indemnity Agreement executed by Heritage Engineering (copy enclosed, see paragraph under the heading "Assignment" which assigns to F &D all contract funds), Heritage's specific assignment of these funds by letter dated July 20,1998 (copy enclosed), the assignments of the stop notices and/or releases from the various claimants, and F &D's equitable right to be subrogated to Heritage's position after paying its obligations. 'The five claims marked with"**" have been fully resolved but we do not yet have a release from these claimants. However, the funds withheld pursuant to these stop notices should still be released because the statutory period for the claimant to file suit to enforce the stop notice has expired. 'This claimant never filed a claim against the bond. The funds withheld pursuant to this claim should still be released because the statutory period for the claimant to file suit to enforce the stop notice has expired. 6062056 -1 Ms. Lavonne Harkless Mr. Bill Patapoff January 6, 1999 Page 3 0 We trust that this is sufficient documentation for payment of the funds withheld pursuant to these stop notices. However, should you require any further documentation please let us know. It is our understanding that the total funds being held are $271,133.48. Because F &D has paid out substantially more than the amount it is recovering and because Heritage (See "Assignment" has assigned to F &D all of its paragraph in enclosed indemnity payments under all contracts bonded by F agreement), F &D is entitled to &D any additional money that may become due to Heritage on this project, For this reason we request that a legal hold remain on any payments to Heritage until such time as the project is fully closed out and all funds have been delivered to F &D. We also request that we be notified in the event additional funds become due to Heritage. Very truly yours, R INS, KAP�AN, MILLER & CIRESI L.L.P. Dad L. Nash DLN /dn Enclosures cc: Dennis Harvey 6043423 -1 FIDELI -AND DEPOSIT COMPANY OF M40YLAND Claim No. 180 001492 American Barricade RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, Heritage Engineering herein called Contractor had a contract, dated July 1, 1997 with City of Newport Beach herein called Obligee (or Owner) for certain work (describe) Birch Street Overcrossing, Newport Beach and gave bond(s) to Obligee with Fidelity and Deposit Company herein called Fidelity (or Surety) as surety, conditioned for the faithful performance of said work and the payment of labor and material claims; for the faithful performance of said work and the payment of labor and material claims; AND WHEREAS American Barricade herein called Claimant furnished labor and material to Contractor for use, and which were used in the prosecution of said work, and there remains unpaid on account thereof the total sum of $485.00. NOW THEREFORE Claimant in consideration of $485.00, paid by Fidelity, has sold and by these presents does sell, assign and set over unto Fidelity, its successors and assigns, the claim of $485.00, against the Contractor. And the Claimant does hereby constitute and appoint Fidelity, its successors and assigns, its true and lawful attorney irrevocable, with power of substitution and revocation, for the use and at the proper costs and charges of Fidelity to ask, demand and receive payment, to adjust, settle or compromise and to bring suit and to take all lawful ways for the recovery of the money due or to become due on the claim, and on payment to give full acquittance and discharge of the same. Claimant further hereby releases Fidelity from any and all claims and demands of every kind and character for labor and materials furnished to Contractor under the aforesaid contract with Obligee or in anywise growing out of or connected with said contract and the bond(s) given for the faithful performance of the same and the payment of labor and material claims. Signed, sealed and dated this 1 sthday of Spr tpmhpr , 19 -U ATTEST: Amprican Rarriradp- Tnc. v..., STATE OF California ) ss: COUNTY OFOrange ) C4N -r120 t—&F -g a u> '90 On the /a ro day of 46 em s , 19 fy, before me personally came d/ eels feTc so ✓ to me known, who being duly sworn by me stated that he is the CO.Vr,20LLE1?- of the said Claimant and that he was duly authorized to execute the foregoing assignment and release and attach the corporate seal thereto, which he did for the purposes therein mentioned. Notary ublic My commission expires .,-/za,,w'T 199d- If Individual: STATE OF ) ss: COUNTY OF 6ARBARA CMY Commww A 1067390 NOWY PUbk — CaffMft 0=96 COLOTty My Corrm. Fit res Aug Z 1"9 On the day of , 19 _, before me personally came to me known, who being duly sworn by me stated that he executed the foregoing assignment and release for the purposes therein mentioned. Notary Public My commission expires 9 9 Claim No.: 180 001492 American Barricade UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code Section 3262(d)(4)] The undersigned has been paid in full for all labor, services, equipment or material furnished to or on behalf of Heritage Engineering Construction, Inc. on the project identified as Birch Street Overcrossing, Newport Beach and does hereby unconditionally waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ -0 -. Dated: ((- /a -q g American Barricade CO A) MQ "e,CG Title NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: This form of release complies with the requirements of Civil Code Section 3262(d)(4) 9 040, RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE 319919 IN CONSIDERATION of the sum of Thirty Eight Thousand Two I lundred'I'wenly One and .27/100($38,221.27), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surely, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No 803 31 92 , executed by Fidelity and Deposit Company of Maryland, as surety for I leritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above - mentioned claim against said principal, and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to said surety and all rights it has pursuant to the Stop Notice filed with May 18, 1998 the undersigned shall sign a separate assignment for delivery to City of Newport Beach acknowledging assignment to the surety. DATED: Gall - inl C.C✓✓�✓lr By- Title:AEsi21r .v 3 0 0 ASSIGNMENT OF STOP NOTICE IN CONSIDERATION ofthe sum of Thirty Eight Thousand Two Ilundred'1'wenly One and .27/100 ($38,221.27 ), receipt of which is hereby acknowledged, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland all right, title and interest in the Slop Notice filed and served on City of Newport Heath on or about May 18, 1998; an the undersigned grants to the F &D, as assignee its true, lawful and irrevocable power of attorney to demand receipt for and enforce payment on said Stop Notice. Said Assignee is authorized to sue, at its own cost, for the sum so assigned, either in the name of the undersigned or in its own name. DATED: ,�/ T u I i Release of Stop Notice Kan>hnmon I rnan. 1',�hlu Aaly, n )any olio ndn n SA•p Xnri• v na• (b:q Yuu Arreherrby nolified that the undersigned claimmd r relmea that rerinln 51np Nolir dalyd -A! gq 4�... / F V . ... ..—III the ohwunt „I S x 7r ?/ agalnnt rL.._dV C / ✓6 �E�Q1f�... .. -� -�_. as ownvr m ptddit l•�uh' and �L'yEE,Q.Ale, .f/JT. O, OW ✓:y� - -�� as pt t�n%... r�nit.e lnr in runncrlimt with the work tit Improvement known ns �/� d��- Q `1� me In the City of ' V��O/Ql ✓��CN • Cuunly of _. O���G____ _._.. -__... State a( Callorn,ii1nn. Name of Claimant: G�.9G.syEX. .66.e!��✓G 9y (.Lnlrcn•nl Gry•.unvl �A VERIFICATION I, file undrrsigned, slate: I an, fir �.�S1�E.✓T 'i..A.Y +rl e('.'Np1Aotl,Y " ".�Nnnp rl, nitrry •,,l' X1.1 the clnlmanl named in thr fnregoing Relearn; I hove read said RrlcAse ul Slop Nnilce And know Ihr n,nMnn 16rn.. 11. and 1 refill) that the same Is true (it my onto knowledge. I crrrtify (tit derinre) m,der penally of petlttry undrt the lawn td Ike Slott of Califmnla that file fm rgdnr r. Inn• and Correct. /% p F.vrnrtcd oil /yHGt(3f ,19 nl .. /1,y1`d5y0_f .. - - - -. .... 5101C of fs(nunnr el fr' I'n�••,i.- 1e „•.,i . 0 0 Claim No.: 180 001492 C & H Truck Service RELEASE OF AffHAIMND ASSIGNMENT INCLUDING STOP NOTICE IN CONSIDERATION of the sum of Four Thousand Eight Hundred Dollars ($4,800.00), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 31 92, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above - mentioned claim against said principal; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland and all rights, title and interest in the Stop Notice filed and served on City of Newport Beach on or about July 24, 1998; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment on said Stop Notice, and at its own expense, to sue or assume the prosecution of suit either in the name of the undersigned or in its own name to enforce payment on said Stop Notice. DATED: , - ;2 / �7f By: od Title:�� 6z�� CJ Claim No.: 180 001492 C & H Truck Service UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code Section 3262(d)(4)] The undersigned has been paid in full for all labor, services, equipment or material furnished to or on behalf of Heritage Engineering Construction, Inc. on the project identified as Birch Street Overcrossing, Newport Beach and does hereby unconditionally waive and release any right to a mechanic's lien, stop notice, or any fight against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ -0 -. Dated: % _02 / �765 C & H Truck Service By:_ 'u, Title NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: This form of releme complies with the requirements of Civil Code Section 3262(d)(4) al/ v • r SEP 17 1998 Claim No.: 180 001492 Dependable Equipment RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE IN CONSIDERATION of the sum of One Thousand Eight Hundred and Eighty Dollars ($1,880.00), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 3192, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above - mentioned claim against said principal; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland and all rights, title and interest in the Stop Notice filed and served on the City of Newport Beach on or about June 10, 1998; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment on said Stop Notice, and at its own expense, to sue or assume the prosecution of suit either in the name of the undersigned or in its own name to enforce payment on said Stop Notice. DATED: // 0 0 Claim No.: 180 001492 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code Section 3262(d)(4)] The undersigned has been paid in full for all labor, services, equipment or material furnished to or on behalf of Heritage Engineering Construction, Inc. on the project identified as Birch Street Overcrossing, Newport Beach and does hereby unconditionally waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ -0 -. Dated: / / Dependable Equipment �r IE � :� 1 NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: This form of release complies with the requirements of Civil Code Section 3262(d)(4) 0 $EP 0 � i999 Claim No.: 180 001492 RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE IN CONSIDERATION of the sum of Ninety Thousand Eight Hundred and Fifty -Seven Dollars and Thirty Seven Cents ($90,857.37), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 31 92, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above - mentioned claim against said principal, and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to said surety and all rights it has pursuant to the Stop Notice filed with the City of Newport Beach the undersigned shall sign a separate assignment for delivery to the City of Newport Beach acknowledging assignment to the surety. DATED: August 31, 1998 s • 1,► �� _. Title: Treasurer Claim No.: 180 001492 ASSIGNMENT OF STOP NOTICE IN CONSIDERATION of the sum of Ninety Thousand Eight Hundred Fifty -Seven Dollars and Thirty -Seven Cents($90,857.37), receipt of which is hereby acknowledged, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland all right, title and interest in the Stop Notice filed and served on the City of Newport Beach on or about June 25, 1998; and the undersigned grants to the F & D, as assignee its true, lawful and irrevocable power of attorney to demand receipt for and enforce payment on said Stop Notice. Said Assignee is authorized to sue, at its own cost, for the sum so assigned, either in the name of the undersigned or in its own name. DATED: August 31, 1998 F. JOHNS N, IN By: Title: Treasurer Claim No.:180 001492 RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE IN CONSIDERATION of the sum of Nineteen thousand one hundred and nineteen dollars and thirty -eight cents ($19,119.38), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 3192, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above - mentioned claim against said principal; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to said surety and all rights it has pursuant to the Stop Notice filed with the City of Newport Beach. the undersigned shall sign a separate assignment for delivery to the City of Newport Beach acknowledging assignment to the surety. DATED: August 12, 1998 Marden Susco, LLC By: Title Credit Manager • 11 Claim No.: 180 001492 ASSIGNMENT OF STOP NOTICE IN CONSIDERATION of the sum of Nineteen thousand one hundred and nineteen dollars and thirty -eight cents ($19,119.38), receipt of which is hereby acknowledged, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland all right, title and interest in the Stop Notice filed and served on City of Newport Beach on'or about June 29, 1998; an the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment on said Stop Notice and, at its own expense, to sue or assume the prosecution of the suit on file in N/A Court Action No. N/A for the sum so assigned, either in the name of the undersigned or in its own name. DATED: August 12, 1998 M rd( n LT.c By: Title: Credit manager 9 Claim No.: 180 00 rnz RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE IN CONSIDERATION of the sum of Eight Thousand One Hundred Seventy -Five Dollars ($8,175.00), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 3192, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above- mentioned claim against said principal; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to said surety and all rights it has pursuant to the Stop Notice filed with the City of Newport Beach the undersigned shall sign a separate assignment for delivery to the City of Newport Beach acknowledging assignment to the surety. DATED: By: Title: Co '&an. 0 Claim No.: 180 00 /i{lf,Z ASSIGNMENT OF STOP NOTICE IN CONSIDERATION of the sum of Eight Thousand One Hundred Seventy -Five Dollars($1,175.00), receipt of which is hereby acknowledged, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland all right, title and interest in the Stop Notice filed and served on the City of Newport Beachon or about February 4, 1998; and the undersigned grants to the F & D, as assignee its true, lawful and irrevocable power of attorney to demand receipt for and enforce payment on said Stop Notice, Said Assignee is authorized to sue, at its own cost, for the sum so assigned, either in the name of the undersigned or in its own name. DATED: %b t /1W %d, By: Title: e4 Al Au ws+C mac+ Claim No.:180 001492 M & M Materials RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE d' IN CONSIDERATION of the sum of Nine Thousand Four Hundred Fifty -Seven Dollars and Eighty -Three Cents ($9,457.83), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 3192, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above - mentioned claim against said principal; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland and all rights, title and interest in the Stop Notice filed and served on the City of Newport Beach on or about May 22, 1998; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment on said Stop Notice, and at its own expense, to sue or assume the prosecution of suit either in the name of the undersigned or in its own name to enforce payment on said Stop Notice. DATED: September22, 1998 M&M Materials By Martha McCraw Title: President Claim No.: 180 001492 M & M Materials UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code Section 3262(d)(4)] The undersigned has been paid in full for all labor, services, equipment or material furnished to or on behalf of Heritage Engineering Construction, Inc. on the project identified as Birch Street Overcrossing, Newport Beach and does hereby unconditionally waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ -0 -. Dated: 09/22/98 M& M Materials By. Martha McCraw�%h� r President Title NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: This form of release complies with the requirements of Civil Code Section 3262(d)(4) Claim No.: 180 001492 Orange County Striping RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE IN CONSIDERATION of the sum of Twenty -Seven Thousand Two Hundred Ninety -One Dollars and Sixth Cents ($27,291.60), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 31 92, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above- mentioned claim against said principal; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland and all rights, title and interest in the Stop Notice filed and served on the City of Newport Beach on or about July 17, 1998; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment on said Stop Notice, and at its own expense, to sue or assume the prosecution of suit either in the name of the undersigned or in its own name to enforce payment on said Stop Notice. DATED: September 21, 1998 Orange County Striping Service, Inc. By:�� Title: Douglas A. Patterson. Yice President ,o Claim No.: 180 001492 Orange County Striping <99 f9 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code Section 3262(d)(4)] The undersigned has been paid in full for all labor, services, equipment or material furnished to or on behalf of Heritage Engineering Construction, Inc. on the project identified as Birch Street Overcrossing, Newport Beach and does hereby unconditionally waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ -0 -. Dated: September 21, 1998 Orange County Striping Service, Inc. By: Douglas A. Patterson, Vice President Title NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: This form of release complies with the requirements of Ch-il Code Section 3262(d)(4) JIG 271998 Claim No.. 180 001492 RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE IN CONSIDERATION of the sum of Six thousand seven hundred ninety -six dollars and sixteen cents ($9,796.16), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 3192, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above - mentioned claim against said principal; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to said surety and all rights it has pursuant to the Stop Notice filed with City of Newport Beach. the undersigned shall sign a separate assignment for delivery to City of Newport Beach acknowledging assignment to the surety. DATED: A V L15t I yr 17,79 i Title: Tf'eASVrC' - Claim No.:180 001492 ASSIGNMENT OF STOP NOTICE IN CONSIDERATION of the sum of Six thousand seven hundred ninety -six dollars and sixteen cents ($9,796.16), receipt of which is hereby acknowledged, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland all right, title and interest in the Stop Notice filed and served on City of Newport Beach on or about June 23, 1998; an the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment on said Stop Notice and, at its own expense, to sue or assume the prosecution of the suit on file in N/A Court Action No. N/A for the sum so assigned, either in the name of the undersigned or in its own name. r I I' !� iIlrai Title: 72Pg£0'er FIDELI -AND DEPOSIT COMPANY OF M &LAND Claim No. 180 001492 Pre -Con Products RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, Heritage Engineering Construction herein called Contractor had a contract, dated July 1, 1997 with City of Newport Beach herein called Obligee (or Owner) for certain work (describe) Birch Street Overcrossing, Newport Beach and gave bond(s) to Obligee with Fidelity and Deposit Company herein called Fidelity (or Surety) as surety, conditioned for the faithful performance of said work and the payment of labor and material claims; for the faithful performance of said work and the payment of labor and material claims; AND WHEREAS Pre -Con Products herein called Claimant furnished labor and material to Contractor for use, and which were used in the prosecution of said work, and there remains unpaid on account thereof the total sum of $210.11. NOW THEREFORE Claimant in consideration of $210.11, paid by Fidelity, has sold and by these presents does sell, assign and set over unto Fidelity, its successors and assigns, the claim of $210.11, against the Contractor. And the Claimant does hereby constitute and appoint Fidelity, its successors and assigns, its true and lawful attorney irrevocable, with power of substitution and revocation, for the use and at the proper costs and charges of Fidelity to ask, demand and receive payment, to adjust, settle or compromise and to bring suit and to take all lawful ways for the recovery of the money due or to become due on the claim, and on payment to give full acquittance and discharge of the same. Claimant further hereby releases Fidelity from any and all claims and demands of every kind and character for labor and materials furnished to Contractor under the aforesaid contract with Obligee or in anywise growing out of or connected with said contract and the bond(s) given for the faithful performance of the same and the payment of labor and material claims. Signed, sealed and dated this _�21 day of ATTEST: If Corporation: STATE OF ,lo venw. _ I ) ss: 61my Comm. Expire, MQV 11.2W t COUNTY OF _ `f 4 ) +l It_(l ) On the 2 I day of C` ! )C` '19 LIE before me personally came to mb known, who being duly sworn by me stated that he is the of the said Claimant and that he was duly authorized to execute the foregoing assignment and release and attach the corporate seal thereto, which he did for the purposes therein mentioned. My commission expires If Individual: STATE OF ) ) ss: COUNTY OF ) JANET MWEARN Corm�ma� r 1191259 Nty Comm. LOU "11.1001 On the day of , 19 _, before me personalty came to me known, who being duly sworn by me stated that he executed the foregoing assignment and release for the purposes therein mentioned. Notary Public My commission expires Claim No.: 180 001492 Precon Products UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code Section 3262(d)(4)] The undersigned has been paid in full for all labor, services, equipment or material furnished to or on behalf of Heritage Engineering Construction, Inc. on the project identified as Birch Street Overcrossing, Newport Beach and does hereby unconditionally waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ -0 -. Dated: (�/ V Precon Products By: Uc Title NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: This form of release complies with the requirements of Chil Code Section 3262(d)(4) FIDELIT'OND DEPOSIT COMPANY OF MAOLAND Claim No. 180 001492 Ulmer Industries RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, Heritage Engineering Construction herein called Contractor had a contract, dated July 1, 1997 with City of Newport Beach herein called Obligee (or Owner) for certain work (describe) Birch Street Overcrossing and gave bond(s) to Obligee with Fidelity and Deposit Company herein called Fidelity (or Surety) as surety, conditioned for the faithful performance of said work and the payment of labor and material claims; for the faithful performance of said work and the payment of labor and material claims; AND WHEREAS Ulmer Industries herein called Claimant furnished labor and material to Contractor for use, and which were used in the prosecution of said work, and there remains unpaid on account thereof the total sum of $1,081.85. NOW THEREFORE Claimant in consideration of $1,081.85, paid by Fidelity, has sold and by these presents does sell, assign and set over unto Fidelity, its successors and assigns, the claim of $1,081.85, against the Contractor. And the Claimant does hereby constitute and appoint Fidelity, its successors and assigns, its true and lawful attorney irrevocable, with power of substitution and revocation, for the use and at the proper costs and charges of Fidelity to ask, demand and receive payment, to adjust, settle or compromise and to bring suit and to take all lawful ways for the recovery of the money due or to become due on the claim, and on payment to give full acquittance and discharge of the same. Claimant further hereby releases Fidelity from any and all claims and demands of every kind and character for labor and materials furnished to Contractor under the aforesaid contract with Obligee or in anywise growing out of or connected with said contract and the bond(s) given for the faithful performance of the same and the payment of labor and material claims. Signed, sealed and dated this '9-1— day of 'TuL,.v 19 9�E) ATTEST: If Corporation: STATE OF -0c,,\ I. o r ru. a ) ss: COUNTY OF �S �n ote Le S On the C Ltgl—day of IAn.o , 19 before me personally came c v'1 \ me c n me know who being duly sworn by me stated that he is the 0`- . C . O . of the said Claimant and that he was duly authorized to execute the foregoing assignment and release and attach the corporate seal thereto, which he did for the purposes therein mentioned. My commission expires 1 — \-- -1- a-c o If Individual: STATE OF ) ) ss: COUNTY OF ) \�1� l:1::�= Ct . t n cliff Notary Public On the day of 19 _, before me personally came to me known, who being duly sworn by me stated that he executed the foregoing assignment and release for the purposes therein mentioned. Notary Public My commission expires NOV 15 1998 Claim No.: 180 001492 Ulmer Industries UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code Section 3262(d)(4)] The undersigned has been paid in full for all labor, services, equipment or material furnished to or on behalf of Heritage Engineering Construction, Inc. on the project identified as City of Newport Beach, Birch Street Overcrossing and does hereby unconditionally waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ -0 -. Dated: November 5, 1998 Ulmer Industries By: Dar Ulmer C.F.O. Title NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: This form of release compiles with the requirements of Civil Code Section 3262(d)(4) Claim No.:180 001492 Van Matre Lumber RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE IN CONSIDERATION of the sum of Twenty -Six Thousand Dollars ($26,000.00), receipt of which is hereby acknowledged, the undersigned hereby releases and forever, discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 31 92, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above - mentioned claim against said principal, and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland and all rights, title and interest in the Stop Notice filed and served on the City of Newport Beach on or about June 2, 1998; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment on said Stop Notice, and at its own expense, to sue or assume the prosecution of suit either in the name of the undersigned or in its own name to enforce payment on said Stop Notice. DATED: �rj�22/9 B By: Title: 6$' i 0 Claim No.:180 001492 Western Equipment RELEASE OF ALL CLAIMS AND ASSIGNMENT INCLUDING STOP NOTICE IN CONSIDERATION of the sum of Two Thousand Two Hundred Sixty -Two Dollars ($2,262.00), receipt of which is hereby acknowledged, the undersigned hereby releases and forever discharges Fidelity and Deposit Company of Maryland, surety, from any and all claims, demands cause or causes of action whatsoever, including those for common law or statutory bad faith, arising out of Bond No. 803 3192, executed by Fidelity and Deposit Company of Maryland, as surety for Heritage Engineering Construction, Inc., as principal. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers, and sets over to said surety its above - mentioned claim against said principal; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment of the said claim and, at its owner expense, to sue for the said sum so assigned, either in the name of the undersigned or in its own name. IN FURTHER CONSIDERATION of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to Fidelity & Deposit Company of Maryland and all rights, title and interest in the Stop Notice filed and served on the City of Newport Beach on or about June 8, 1998; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand receipt for and enforce payment on said Stop Notice, and at its own expense, to sue or assume the prosecution of suit either in the name of the undersigned or in its own name to enforce payment on said Stop Notice. DATED: /G - / Y' By: Title: C�eZe „— i" OCT 1 f 1998 Claim No.: 180 001492 Western Equipment UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code Section 3262(d)(4)] The undersigned has been paid in full for all labor, services, equipment or material furnished to or on behalf of Heritage Engineering Construction, Inc. on the project identified as City of Newport Beach Birch St. Overcrossing and does hereby unconditionally waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ -0 -. Dated: %lJ -/%- ie" Western Equipment By:c/�s Title NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: This form or release complies with the requirements of CM Code Secdon 3262(d)(4) State 0I 1. .. �. J�,. -... .. .. —... On oz . -W, 1996 , before / /_LLL %r�d,2.E , Notary Public, personally appeared Alfred V. Bitetti, Jr. ;ersonally knovn to me or proved to me on the basis of satisfactory evidence to be the person(s) whose nano(s) Ss /ere subscribed to the , Ithin instrument and acknowledged to me that he /she /they executed the same in his/her /their l R(Je ,. ` QK RERO�ulhorized eapaclLI(les), and that by his /her /their elgnature(s) on the Instrueent the person(s), p Ror the entity upon behalf of which the person(s) acted, executed the instrument. comm. NU.1014212 M - X01APY PUILI( CALIFORNIA D Witness my hand and officia seal. I SOS ANGELES COUNTY )� MY tmm�i. bPkes Ian. ..LOCCXXXX 1CC71'I.O-ccCt\.CO'JC�YWO�W C_ CAPACITY CLAMED BY SIGNER: _ Individual A Corporate Officer(s): _ Partner(s): _ Limited/_ General _ Trustea(a) _ Altorney-in -Fact _ Other:. SIGNER IS REPRESENTING: Heritage Engineering Construction, Inc. „A1,AAAAAAAAA AAAAAIAAAAAAAAA AAAAAAAAA AAAAAAA AAAAAAAAAAAA....AAAAA.AAAAAAAAA A A.AA.A A A A A AAI AAAAAAAAAAAIAAAAAAAAAAAAAAAAAAAAAAAAAAAAA ,A ACKIIOWLEDCPmR ;tale of California County or z�s �%✓4 t /!� i p O„ a T1�'�'6 , Le(ore ma > > 1� .e.e'c'e- , Rotary Public, Iersonally appeared Danielle M. Reinberger , personally knovn to me or proved to me on the basis or satisfactory evidence to be the person(s) whose names) is /ere subscribed to the ,Ipnppplitoorcgc ; cca.,. �:.;atiaxu within Instrument and acknowledged to me that he /she /they executed the same In hLs/her /their nL:� authorized capaclty(les), and that by his/her /their signature(s) on the Instrument the person(s) CRUr R or the entity upon behalf of which the person(s) acted, executed the Instrument. COMf>F. NQ. 1014212 M • NOiAPT PUT' ,i, ; D NORNIA D Wllne= ss m ban d a facia seal. AM:iE�ES':DUXIY 1 A. emik. t'Vk , Ion. 18, 1998 �000eowx0000txibcrraaurcn , w D M 0 CAPACITY CLAIMED BY SIGNER: _ Individual X Corporate Orrlcer(s): a +sits cauc Jcucua "y _ Partner(s): _ Llmlled /_ General _ Trustee(s) _ Attorney -in -Fact _ Other: slGnfa Is kfppESENTING: Heritage Engineering Construct ion, Inc. LAV .IIAAAAAAAAAIAAMAAAAM4AAAAAAAA A AAA AA AAAA ... AAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAARAAAAAAAAAAAAAAAA AAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAA ACKNOALEOG?w State or California County or Z1 f.�.✓b L On -4LC . .3/ / 41'6 , before me C_/LK -L Q 1r>���E�V , Notary Public, personally appeared Alfred V. Bitetti, Jr. , lersonally known to me or yr gd_1g„9ye on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the .- ,;,-•- ox:cO'+Ot�a o "a'-� within instrument and acknowledged to rte that he /she /they executed the same In his/her /their � L'r 0 authorized ca clt les and that b bls her /their signature (s) on the Instrument the rson($), . (:RRERO R or the ant ltypuponybehalf or which the person(s) acted, executed the Instrument. OAK N0. 1014212 M CAPACITY CLAIMED BY SIGNER: X Individual _ Corporate Offlcer(s)! _ Partner(s): _ LW Led/— General _ Truslee(s) _ Attorney- in-Fact _ Other: SIGNER IS REPRESENTING: •A AAAA AAA A A A A A A A A A AAAAAAAA A A A A A A A A AAAA A AAA A AA AA A A AA A A A A A A A A A A A AA A A A A AAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAA AAAAAAAAAA AAAAAAAAA AI AAA AAAA AMM LEDGHM State or California County oAf GB_5 G r On Uu. .3/ /f 96 , before me £.e =t+ , Notary Public$ personally appeared Kathy M. Bitetti , personally known to me or proved to me on the basis of satisfactory evidence to be the perso(s) whose name(s) Is /are subscribed to the within Instrument and acknowledged to me,lthat he /she /they executed the sane in his/her /their authorized capaclty(les), and that by his /her /their signature(s) on the instrument the puson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Ho Individual Witness my hand and _ Corporate Officer(s): _ Pariner(s): _ Limned /_ General _ Trustee(s) _ Attorney -in -Fact _ Other: _ Slrl(LR IS REPRE5E1=1'. uu1111A1#AMIAAAIAAAAIA A A A A AAAA 1?} c6- Surnlcs, 0I fcwsuf�,Za ti01i o1 uid Booj It., I CMIt . I U K,' M . 1 1,i and cu,iditioili t1i ( it is A gi cumco[ 134 shall inure to the benefit 0 g s other sureties, co-sureties and reinsuring Wes, as s their interests may appear. • SUITS 135 FIFTEENTH: Separate suits may be brought hereunder as cause-, of action accrue, and the bringing of suit or the recovery 136 ofjudgment upon any cause of action shall not prejudice or bar the bringing of other suits, upon other causes of action, whether 137 theretofore or thereafter arising. OTHER INDEMNITY 138 SIXTEENTH: That the Contractor and the Indemnitors shall continue to remain bound under the terms of this 139 Agreement even though the Surety may have from time to time heretofore or hereafter, with or without notice to or 140 knowledge of the Contractor and the Indemnitors, accepted or released other agreements of indemnity or collateral 141 in connection with the execution or procurement of said Bonds, from the Contractor or Indemnitors or others, it 142 being expressly understood and agreed by the Contractor and the Indemnitors that any and all other rights which 143 the Surety may have or acquire against the Contractor and the Indemnitors and/or others under any such other or 144 additional agreements of indemnity or collateral shall be in addition to, and not in lieu of, the rights afforded 145 the Surety under this Agreement. INVALIDITY 146 SEVENTEENTH: In case any of the parties mentioned in this Agreement fail to execute the same, or in case the 147 execution hereof by any of the parties be defective or invalid for any reason, such failure, defect or invalidity shall 148 not in any manner affect the validity of this Agreement or the liability hereunder of any of the parties executing the 149 same, but each and every party so executing shall be and remain fully bound and liable hereunder to the same extent 150 as if such failure, defect or invalidity had not existed. It is understood and agreed by the Contractor and Indemnitors 151 that the rights, powers, and remedies given the Surety under this Agreement shall be and are in addition to, and not 152 in lieu of, any and all other rights, powers, and remedies which the Surety may have or acquire against the Contractor 153 and Indemnitors or others whether by the terms of any other agreement or by operation of law or otherwise. ATTORNEY IN FACT 154 EIGHTEENTH: The Contractor and Indemnitors hereby irrevocably nominate, consitute, appoint and designate 155 the Surety as their attorney-in-fact with the right, but not the obligation, to exercise all of the rights of the Con- 156 tractor and Indemnitors assigned, transferred and set over to the Surety in this Agreement, and in the name of the 157 Contractor and Indemnitors to make, execute, and deliver any and all additional or other assignments, documents or 15E papers deemed necessary and proper by the Surety in order to give full effect not only to the intent and meaning :59 of the within assignments, but also to the full protection intended to be herein given to the Surety under all other provisions 160 of this Agreement. The Contractor and Indemnitors hereby ratify and confirm all acts and actions taken and 161 done by the Surety as such attorney-in-fact. TERMINATION 162 NINETEENTH: This Agreement may be terminated by the Contractor or Indemnitors upon twenty days' written !63 notice sent by registered mail to the Surety at its home office at 300 Saint Paul Place, Baltimore, Maryland 21202, 164 Attention: Vice President, Surety Department, but any such notice of termination shall not operate to modify, bar, or discharge the 165 Contractor or the Indemnitors as to the Bonds that may have been theretofore executed. 166 TWENTIETH: This Agreement may not be changed or modified orally. No change or modification shall be effective 167 unless made by written endorsement executed to form a part hereof. 168 TWENTY-FIRST: A. X X X X X X X X X X X X X X X X X X X X _X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXTX_x --- X --- X__X --- X_ _X X X X X X X X X X X X X X X X X X X ---------------------------------- -------------- 169 IN WITNESS WHEREOF, we have signed and sealed the day and year first above written. ATTEST 0 ITNESS: Attest ............ ..... . � je.1.1e M ... 1 iijn i_ er Assista t S Creta - Witness: — ---- ------------- --- --- --- ---------------- Witness: .............. ----- i:::! --- — ------ ------ – ------- — ------ ------------------ (SEAL) N..0 Add.. of )ndcmanitoo ........... ------------------------------------- .................. ......... _ ... (SEAL) (Pull Name and Address or Indermilor) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Assistanr Secretary Vice-Jarrsidnr (SEAL) l J • THIS AGREEMENT of Ind made and entered into this .________-- _- - - -. -_ day of z _ December _ Iq 96 by_ Heritage- Engiing- Construction -, - -- Inc._--- - - - - -- (Inscn full name and address of Contractor) 11244 Pi line Avenue Ontario CA 91766 3 ---------------- �------------------------- t------------------ 1--------- ------------ ---- ------------------------------------ (hereinafter called the Contractor) and 4 Alfred V. Bitetti,- Jr. and Kathy M. Bitetti, 2730 Native Avenue, Rowland Heiuhts, CA (Insen fall names and addresses of Indcmnimrs, if any) 5 91748 6 ---_----------°---------------------------------- ------------------------------------------------------------------ (hereinafter called the Indemnitors, if any) and 7 FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 300 Saint Paul Place, P.O. Box 1227, Baltimore, Maryland 21203, its suc- 8 cessors and assigns (hereinafter called Surety), WITNESSETH: 9 WHEREAS, the Contractor, in the performance of contracts and the fulfillment of obligations generally, whether in its own 10 name solely or as co- adventurer with others, may desire or be required to give or procure certain surety bonds, undertakings I I or instruments of guarantee, and to renew, or continue or substitute from time to time the same or new bonds, undertakings 12 or instruments of guarantee with the same or different penalties, and /or conditions, any one or more of which are hereinafter 13 called Bonds; or the Contractor or Indemnitors may request the Surety to refrain from cancelling said Bonds; and 14 WHEREAS, at the request of the Contractor and the Indemnitors and upon the express understanding that this Agreement 15 of Indemnity be given, the Surety has executed or procured to be executed, and may from time to time hereafter execute or 16 procure to be executed, said Bonds on behalf of the Contractor; and 17 WHEREAS, the Indemnitors have a substantial, material and beneficial interest in the obtaining of the Bonds or in the 18 Surety's refraining from cancelling said Bonds. 19 Now, THEREFORE, in consideration of the premises the Contractor and Indemnitors for themselves, their heirs, executors, 20 administrators, successors and assigns, jointly and severally, hereby covenant and agree with the Surety, as follows: PREMIUMS 21 FIRST: The Contractor and Indemnitors will pay to the Surety in such manner as may be agreed upon all premiums and 22 charges of the Surety for the Bonds in accordance with its rate filings, its manual of rates, or as otherwise agreed upon, until 23 the Contractor or Indemnitors shall serve evidence satisfactory to the Surety of its discharge or release from the Bonds and 24 all liability by reason thereof. INDEMNITY 25 SECOND: The Contractor and Indemnitors shall exonerate, indemnify, and keep indemnified the Surety from and against 26 ?ny and ail liability for losses and /or expenses of whatsoever kind or nature (including, but not limited to, interests, court costs 27 and counsel fees) and from and against any and all such losses and /or expenses which the Surety may sustain and incur: (1) 28 By reason of having executed or procured the execution of the Bonds, (2) By reason of the failure of the Contractor or Indem- 29 nitors to perform or comply with the covenants and conditions of this Agreement or (3) In enforcing any of the covenants and 30 conditions of this Agreement. Payment by reason of the aforesaid causes shall be made to the Surety by the Contractor and 31 Indemnitors as soon as liability exists or is asserted against the Surety, whether or not the Surety shall have made any payment 32 therefor. Such payment shall be equal to the amount of the reserve set by the Surety. In the event of any payment by the Surety 33 the Contractor and Indemnitors further agree that in any accounting between the Surety and Contractor, or between the Surety 34 and the Indemnitors, or either or both of them, the Surety shall be entitled to charge for any and all disbursements made by 35 it in good faith in and about the matters herein contemplated by this Agreement under the belief that it is or was liable for 36 the sums and amounts so disbursed, or that it was necessary or expedient to make such disbursements, whether or not such 37 liability, necessity or expediency existed; and that the vouchers or other evidence of any such payments made by the Surety 38 shall be prima facie evidence of the fact and amount of the liability to the Surety. ASSIGNMENT 39 THIRD: The Contractor, the Indemnitors hereby consenting, will assign, transfer and set over, and does hereby assign, transfer 40 and set over to the Surety, as collateral, to secure the obligations in any and all of the paragraphs of this Agreement and 41 any other indebtedness and liabilities of the Contractor to the Surety, whether heretofore or hereafter, incurred, the assignment 42 in the case of each contract to become effective as of the date of the bond covering such contract, but only in the event of 43 (l) any abandonment, forfeiture or breach of any contracts referred to in the Bonds or of any breach of any said Bonds; or 44 (2) of any breach of the provisions of any of the paragraphs of this Agreement; or (3) of a default in discharging such other 45 indebtedness or liabilities when due; or (4) of any assignment by the Contractor for the benefit of creditors, or of the 46 appointment, or of any application for the appointment, of a receiver or trustee for the Contractor whether insolvent or riot; 47 or (5) of any proceeding which deprives the Contractor of the use of any of the machinery, equipment, plant, tools or material 48 referred to in section (b) of this paragraph; or (6) of the Contractor's dying, absconding, disappearing, incompetency, 49 being convicted of a felony, or imprisoned if the Contractor bean individual: (a)'AH the rights of the Contractor in, and 50 growing in any manner out of, all contracts referred to in the Bonds, or in, or growing in any manner out of the Bonds; 51 (b) All the rights, title and interest of the Contractor in and to all machinery, equipment, plant, tools and materials which 52 arc now, or may hereafter be, about or upon the site or sites of any and all of the contractual work referred to in the Bonds 53 or elsewhere, including materials purchased for or chargeable to any and all contracts referred to in the bonds, materials which 54 may be in process of construction, in storage elsewhere, or in transportation to any and all of said sites; (c) All the rights, 55 title and interest of the Contractor in and to all subcontracts let or to be let in connection with any and all contracts referred 56 to in the Bonds, and in and to all surety bonds supporting such subcontracts; (d) All actions, causes of actions, claims and demands 57 whatsoever which the Contractor may have or acquire against any subcontractor, laborer or materialmmn, or any person 58 furnishing or agreeing to furnish or supply labor, material, supplies, machinery, tools or other equipment in connection with 59 or un account of any and all contracts referred to in the Bonds; and against any surety or sureties of any subcontractor, laborer. 60 or nttderialman; (e) Any and all percentages retained and any and all sums that may be due or hereafter become Jue on 61 account of any and all contracts referred to in the Bonds and all other contracts whether bonded or not in which the 62 Contractor has an interest. C]4Sn. 64 assignment of the contract pricliftany part thereof, the Cvntractor and Indenuailo venmu and agree that ad payments received 65 for �r on account of said contr I be held as a trust fund in which the Surely mterest, for the payment of obligations 66' incurred in the performance oft ntract and for labor, materials, and service (shed in the prosecution of the work 67 provided in said contract or any aut orized extension or modification thereof; and, fart is expressly understood and declared 68 that all monies due and to become due under any contract or contracts covered by the Bonds are trust funds, whether in the 69 possession of the Contractor or Indemnitors or otherwise, for the benefit of and for payment of all such obligations in connection 70 with any such contract or contracts for which the Surety would be liable under any of said Bonds, which said trust also inures 71 to the benefit of the Surety for any liability or loss it may have or sustain under any said Bonds, and this Agreement and dechar:a- 72 tion shall also constitute notice of such trust. UNIFORM COMMERCIAL CODE 73 FIFTH: That this Agreement shall constitute a Security Agreement to the Surety and also a Financing Statement, both in 74 accordance with the provisions of the Uniform Commercial Code of every jurisdiction wherein such Code is in effect and may 75 be so used by the Surety without in any way abrogating, restricting or limiting the rights of the Surety under this Agreement 76 or under law, or in equity. TAKEOVER 77 SIXTH: In the event of any breach or default asserted by the obligee in any said Bonds, or the Contractor has 78 abandoned the work on or forfeited any contract or contracts covered by any said Bonds, or has failed to pay obligations incurred 79 in connection therewith, or in the event of the death, disappearance, Contractor's conviction for a felony, imprisonment. 80 incompetency, insolvency, or bankruptcy of the Contractor, or the appointment of a receiver or trustee for the Contractor, 81 or the property of the Contractor, or in the event of an assignment for the benefit of creditors of the Contractor, or if 82 any action is taken by or against the Contractor under or by virtue of the National Bankruptcy Act, or should reorganization 83 or arrangement proceedings be filed by or against the Contractor under said Act, or if any action is taken by or against the 84 Contractor under the insolvency laws of any state, possession, or territory of the United States the Surety shall have the right, 85 at its option and in its sole discretion and is hereby authorized, with or without exercising any other right or option 86 conferred upon it by law or in the terms of this Agreement, to take possession of any part or all of the work under any 87 contract or contracts covered by any said Bonds, and at the expense of the. Contractor and Indemnitors to complete or arrange 88 for the completion of the same, and the Contractor and Indemnitors shall promptly upon demand pay to the Surety all losses, 89 and expenses so incurred. CHANGES 90 SEVENTH: The Surety is authorized and empowered, without notice to or knowledge of the Indemnitors to assent to any 91 change whatsoever in the Bonds, and /or any contracts referred to in the Bonds, and /or in the general conditions, plans 92 and /or specifications accompanying said contracts, including, but not limited to, any change in the time for the completion 93 of said contracts and to payments or advances thereunder before the same may be due, and to assent to or take any :assignment 94 or assignments, to execute or consent to the execution of any continuations, extensions or renewals of the Bonds and to 95 execute any substitute or substitutes therefor, with the same or different conditions, provisions and obligees and with the 96 same or larger or smaller penalties, it being expressly understood and agreed that the Indemnitors shall remain bound under 97 the terms of this Agreement even though any such assent by the Surety does or might substantially increase the. liability of said 98 Indemnitors. ADVANCES 99 EIGHTH: The Surety is authorized and empowered to guarantee loans, to advance or lend to the Contractor any money. 100 which the Surety may see fit, for the purpose of any contracts referred to in, or guaranteed by the Bonds; and all money 101 expended in the completion of any such contracts by the Surety, or lent or advanced from time to time to the Contractor. or 102 guaranteed by the Surety for the purposes of any such contracts, and all costs, and expenses incurred by the Surety in relation 103 thereto, unless repaid with legal interest by the Contractor to the Surety when due, shall be presumed to be a loss by the Surety 104 for which the Contractor and the Indemnitors shall be responsible, notwithstanding that said money or any part thereof should 105 not be so used by the Contractor. BOOKS AND RECORDS 106 NINTH: At any time, and until such time as the liability of the Surety under any and all said Bonds is terminated, the 107 Surety shall have the right to reasonable access to the books, records, and accounts of the Contractor, and 108 Indemnitors; and any bank depository, materialman, supply house, or other person, firm, or corporation when requested by 109 the Surety is hereby authorized to furnish the Surety any information requested including, but not limited to, the status of the 110 work under contracts being performed by the Contractor, the condition of the performance of such contracts and payments of III accounts. DECLINE EXECUTION 112 TENTH: Unless otherwise specifically agreed in writing, the Surety may decline to execute any Bond and the Contractor 113 and Indemnitors agree to make no claim to the contrary in consideration of the Surety's receiving this Agreement; and if the 114 Surety shall execute a Bid or Proposal Bond, it shall have the right to decline to execute any and all of the bonds that 115 may be required in connection with any award that may be made under the proposal for which the Bid or Proposal Bond 116 is given and such declination shall not diminish or alter the liability that may arise by reason of having executed the Bid 117 or Proposal Bond. NOTICE OF EXECUTION 118 ELEVENTH: The Indemnitors hereby waive notice of the execution of said Bonds and of the acceptance of this Agreement, 119 and the Contractor and the Indemnitors hereby waive all notice of any default, or any other act or acts giving rise to any claim 120 under said Bonds, as well as notice of any and all liability of the Surety under said Bonds, and any and all liability on their 121 part hereunder, to the end and effect that, the Contractor and the Indemnitors shall be and continue liable hereunder, notwithstanding 122 any notice of any kind to which they might have been or be entitled, and notwithstanding any defenses they might have been 123 entitled to make. HOMESTEAD 124 TWELFTH: The Contractor and the Indemnitors hereby waive, so far as their respective obligations under this Agreement 125 are concerned, all rights to claim any of their property, including their respective homesteads, as exempt from levy, execution. 126 sale or other legal process under the laws of any State, Territory, or Possession. SETTLEMENTS 127 TNIeTEENTH The Surety shall have the right to adjust, settle or compromise any claim,' demand, suit or judg- I =8 ment upon the Bonds, unless the Contractor and the Indemnitors shall request the Surety to litigate such claim or 129 demand, or to defend such suit, or to appeal from such judgment, and shall deposit with the Surety, at the time of such request. 130 cash or collateral satisfactory to the Surety in kind and amount, to be used in paying any judgment or judgments rendered or 131 that may be rendered, with interest, costs, expenses and attorneys' fees, including those of the Surety. 0 Greg McMurtrey City of Newport Beach 2082 SE Bristol Street, Suite 2 Newport Beach, CA 92660 Re: Project Project No Surety Claim No. Dear Mr. McMurtrey: 0 July 20, 1998 Birch Street Overcrossing C2931 Fidelity & Deposit Company of Maryland 180 001492 This is to advise you that the undersigned, Heritage Engineering, hereby irrevocably requests that any and all payments due or to become due of any kind or nature on account of the above described Project be made payable directly to Fidelity & Deposit Company of Maryland as surety on the above referenced Payment and Performance Bonds for the Project. All such joint check payments should be forwarded directly to the Surety as follows: Dennis C. Harvey Fidelity & Deposit Company of Maryland 11410 N.E. 122nd Way, Suite 304 Kirkland, Washington 98034 Please be advised that the undersigned has discussed the foregoing with Fidelity & Deposit, who agrees to this arrangement. Furthermore, the undersigned hereby acknowledges that there will be no modification or change in these instructions without the written authorization and express consent of Fidelity & Deposit Company of Maryland, or its appointed counsel. Sincerely, HEFTT4(:1:7 FNrTT4PPT?TTJI- By: Tith cc: Dennis C. Harvey David C. Veis, Esq. 6052042 -t RECEIVED RELEASE AS :12 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated , cz P p � in amount of $ 0 ri� againsik � Lr as owner or public body and as prime contractor in connection with the work of improvement known as in the City of State of Califdrnia Date /`7 ��� !cu- Copies Sent is 0 Mayor E3 Council Member 0-Manager Attorney County of l V l Ll�tia� J 11 --rTi - mr1migned, state: I am the the claimant named in the foregoing Rel the same is true of my ow knowledge. I certify (or declare rider penalty of perjury under the laws of the State of Caliform that the foregoing is true a correct. ute Exec n n / 19, at�Z State ofa—�` Agent) WOLCOTTS FORM 898— RELEASE OF STOP NOTICE —New 4 -93 Before you use this form, read it, fill in all blanks, and make whatever changes are appmpdale and 111111111111ull IIII� II�1II II 1n 1993 WOLCOTTS FORMS. INC. (once class 3A) necessary Joyous pamclartransacfion. ConsuB aiawyer if you doubt Me forms FMess for your purpose I1 I`I` 1I II` and use. Wokotts makes no repesentation m wan", express or impWW,"respect to me memnan- lability orfitnessofmisformforanintendeduseorpurpose, 7 67775 39898 4 State of OAUCOM 10 County of on - �% %a `1198 before me, IT e. (40 personally appearedn [] personally known to me - OR - 4/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 acknowledged to me that he /she /they executed the same in his / her / their authorized capacity(ies), and that by his / her / their MK csry signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, q 1143445 V} t�A$'Y NOTARY PUNIC CALIFORNIA N executed the instrument. X41? Glarge 'Gunty .. My Comm. FxpBes July 18,2081 WITNESS my hand and official seal (aA Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Q PARTNER(S) p LIMITED p GENERAL. [1 ATTORNEY -IN-FACT p TRUSTEE(S) [] GUARDIAN /CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENITfY(IFS) DESCRIPTION OFATTACHED DOCUMENT 0 114. MORI y, NUMBER OF PAGES:_ DATE OF DOCUMENT:_,L(4—,LqR SIGNERS) OTHER THAN NAMED ABOVE RECEIVER V SEP -3 P12 :11 of CITtY OFF NEWPORT BEACH Release of Stop Notice (fnnstrnrnal lender. 1114l0u P(+Iv, w pally milli rr.)lrrn• CIrF' A'ntirr rv,n pled) G,rtnre«1 J You arc hereby notified that lhv undersigned claimant releases that rennin Stop Notice dated _1/C� /1A y._ i4 zf . __,., in the o nlotmt of S OL.2it'/ _y_J _ _ agdinst CL as owner nr pot'lic b (,dy and _ 7Cd )5 -,JGE ,FA '4!EEoel.Al - yfT_ !� O .. a5 prim contrdttur in cominrlinn with the work of improvement known !9,P 7%' _ Cd 1F a - in the City of / ✓s/7Q0/�l State of Callfornia. Dote. . lk";gsL...Sj - /"mr. County of Name of Claimant: 4d2&1_1&Ex F (IiiEt e //l�G J�VC- sy CGC41 {Signanur) (Auflnniavl Cnpaiily! VERIFICATION 1, the undersigned. state: I am the 10,F<v% ( "Agsnf vf'. "fhnfAtal nf" "4 Airtnrr nF'. '()I .•n,,. .. the claimant named in the foregoing Release; 1 halve read ?aid Release of Stop Notice and know the contents theronf, and I rertify that the same Is true of my own knowledge. I certify (or derinre) under penalty of perjury under the laws of the Slate of California that the foregoing is true and correct. Excruk/d�un • 19 C; of L v� 3 C . Date Copies Sent To: ❑ Mayor ❑ Council Member Manager �orngr O - xrr.:e rOI1M� yam lAw ISit'nalum eJCeim;nrf rr Auflovi. w! Agn•!1 Date a ci Copies Sent TO: ❑ Mayor ❑ Council Member ❑ Manager ,Erkttorney., RECEIVED '98 SEP -2 A10 :36 OFFICE OF THE CITY CLERK CITY OF t ;EWPORT BEACH Release of Stop Notice TO: CITY OF NEWPORT BEACH (Construction Lender, Public Body, or party with whom Stop Notice was filed) 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92663 -3884 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated July 29, 1998 , in the amount of $ 23, 238.09 againstCITY OF NEWPORT BEACH as owner or public body and HERITAGE ENGINEERING CONSTRUCTION, INC. as prime contractor in connection with the work of improvement known as BIRCH STREET OVERCROSSING AT SR 73 C -2931 in the City of NEWPORT BEACH County of ORANGE State of California. Date August 31 1998 Name of Claimant: ALL AMERICAN ASPHALT (Firm name) By (Signature) VICE PRESIDENT (Authorized Capacity) VERIFICATION I, the undersigned, state: I am the Vice President ( "Agent of "President of" "A Partner of "Owner of; etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 31, 19 98 at Corona State of California . 't(S�,gnature of ant or Authanz RICA FORM 5 5000 (Rev. 287) Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 R E G E W E D NOTICE TO _CITY OF NEWPORT BEACH (Name of Construction Lender, Public Body or Owner) N an y L 7 r 7 2n D 1 .2p 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92663 -3884 (Address) (If Private Job — file with responsible officer or person at office or branch of construction lender administerin the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) WICE OF IHE CITY URK (If Public Job — file with office of controller, auditor, or other public disbursing officer (;AM My' WP payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: HERITAGE ENGINEERING CONSTRUCTION, INC. Sub Contractor (If Any) CALMEX ENGINEERING, INC. Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as RTRCH STREET OVERCROSSING AT SR 73 C -2931 (Name and address of project or work of improvement) in the City of NEWPORT BEACH County of ORANGE State of California. ALL AMERICAN ASPHALT Claimant,a CORPORATION (Claimant) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is CALMEX ENGINEERING INC. (Name of Subcontractor /Contractor /Owner- Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Total value of labor, service, equipment, or materials agreed to be furnished......... $ 23,2 tR. n9 Total value of labor, service, equipment, or materials actually furnished is............ $ Credit for materials returned, if any ............................... ............................... $ Amount paid on account, if any .................................... ............................... $ Amount due after deducting all just credits and offsets ...... ............................... $ 223, 219.09 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 23.238.09 and in addition thereto sums sufficient to cover interest, court costs and re: sonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTiO" 3083) IS NOT (is /is not) attached. (Bond required with Stop Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date July_ 29. 1998 Name of Claimant ALL AMERICAN ASPHALT (Firm Name) P_n_ ROX 2229 (Mailing Address) CORONA, CA 91718 4 W By (Signature) "u A CORPORATE SECRETARY A p (Official Capacity) •qqCL�j�j f cc { �nn VERIFICATION c I,Th2'it&A n ?S� PIjam the Corriorate Secretary ("Agent of; `President or: A Partner of: "Owner of: etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on duly 29, 1998 at Corona State of California �- (Signature of Claimant or Authorized Agent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant must enclose self addressed stamped envelope) STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTIONRETE V E D (Public or Private Work) (Per California Civil Code Section 3103) To: CITY OF NEWPORT BEACH Project:BIRC 54E��$I(GROSSING (NAME OF OWNER, PUBLIC BODY OR CONSTRUCTION FUND HOLDER) INAME) 3300 NEWPORT BLVD. @ STATE RTE 73 PROJECT, C -2931 (ADDRESS IF DIRECTED TO A BANK OR SAVINGS AND LOAN ASSN„ USE ADDRESS OF BRANCH HOLDING FUND) HL" IY CLERK NEWPORT BEACH, CA 92660 NEWPOWYKAtMOCARE)R bO (CITY, STATE AND ZIP) (CITY STATE AND 21PI TAKE NOTICE THAT C & H TRUCK SERVICE (NAME OF THE PERSON OR FIRM CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTOR'S LICENSE IS ISSUED) whose address is P.O. BOX 427, ATWOOD, CA 92811 (ADDRESS OF PERSON OR FIRM CLAIMING STOP NOTICEI has performed labor and furnished materials for a work of improvement described as follows: BIRCH STREET OVERCROSSING, CONTRACT #C -2931 (NAME AND LOCATION OF THE PROJECT WHERE WORK OR MATERIALS WERE FURNISHED) The labor and materials furnished by claimant are of the following general kind: EXPORTED FILL MATERIAL FROM JOB SITE (KIND OF LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR AGREED TO BE FURNISHED BY CLAIMARrn The labor and materials were furnished to or for the following party: HERITAGE ENGINEERING INANE OF THE PARTY WHO ORDERED THE WORK OR MATERIALS) Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ 4800.00 The value of the labor and materials furnished to date is: ............................................................ $ 4800.00 Claimant has been paid the sum of: ............................................................................................ $ —0— And there is due, owing and unpaid the sum of: $ 4800.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: C & H TRUCK SERVICE (NAME OF STOP NOTICE CLAIMANT) By: OF STOP NOTICE CLAIWNT MUST, SIGN HEM AND e I ' a' 1 7r VERIFICATION ieSSeMTx I, the undersigned, say: I am the MANAGER OF C & H TRUCK SERVICE the claimant Mayq�I"PRESIDENT OF.' 'MANAGER OF.* "A PARTNER OF,w'OWNER AGENT OF, ETC.1 I1 Gamed In the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own COuIIeiPMM'Ir declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Manager Attorney Executed on JULY 24 1998 , at YORBA LINDA, CA n 1 (DATE THIS DOCUMENT WAS $IGNEO) (NAME OF CITY AND jTATE WHERE NOTICE SIGNED) A(PERSONAL $IGNAiIIflE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF $TOP OTIC�F1dr If REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 31 61 , or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (CLAIMANT MUST ENCLOSE SELF.AODNESSED STAMPED ENVELOPEI WOLCOTTS FORM 894 - Rev. 3 -94 (price class 3A) STOP NOTICE m1994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer if you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. the form's fitness for your purpose and use. WE ICOtt$ makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs -- a bond is not required on public jobs or on a stop notice served on an owner for private jobs. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature 11 the claimant is a corporation. an officer or authorized agent should sign If the claimant is a partnership. a partner or authorized agent should sign. It the claimant is a sole proprietorship . whether or not doing business under a hchbous business name. the owner of the business or an authorized agent should sign Refer to the following examples CORPORATION Name of Claimant. Johnson Electrical Co., Inc. PARTNERSHIP Name of Claimant Johnson ElectricQal + Co. _ By SOLE PROPRIETORSHIP (Fictitious Business Name) NameofClaiman�i Speedy Electrical (:o. By pp SOLE PROPRIETORSHIP town Name) NameofClarnaam(Sid Johnson Electric Co. Verification This is a declaration under penalty of perjury under the laws of the Stale of California II does not have 10 be notarized. However. IQ be valid, the verification must contain the bale it is Signed and the signature ' This standard Form is intended for the typical situations encountered in the held indicated However, belore you sign, read It. fill in all blanks, and make whatever changes are appropriate and necessary to your particular banSdcllon Consult a lawyer It you doubt the form s fitness for your purpose and use 1111111111.111111111H 6 y'�GGEXER.G COZ „A C� ANC J�FAMEWGIS CALIFORNIA 0 RECEIVED V JUL 27 1110 :34 0 STOP NOTICE CALIFORNIA PUBLIC WORK (Civil Code Section 3103, Section 3179, at seq.) TO: City of Newport Beach 3300 NewRpq Y = rT'9eacN, CA 92658 (Address) PROJECT: Route 73 /Beach Street Dvprrroscing 12 -ORA -71-198 89 (Name and Location of Project and Project Number) Claimant Orange County Striping Service, Inc. 183 North Pixley Street Orange, CA 92868 (Name and address) has furnished Services ( Labor /services /eq u ip menVm ateri al) of a kind described generally as T Removal and Installation of Signs,.Install Striping and Raised Pavement Markers (Description of type of work or material) for the benefit of /at the request of: � I ) 1 Heritage Engineering P.O. Box 850 Ontario, CA 91762 (Name of person to or for whom same was furnished) for the public work of improvement described as the Project above. The value of the whole agreed to be done or furnished by claimant is $ 2M37.34 r c I .v A -E J' c 0 8 0 O ❑�JS� 0 0 The value of that already done or furnished is $ 28.637.34 Claimant has been paid or credited with the sum of The Legal Rate $ 1,000.00 and there remains due and unpaid the sum of $ 27,637.34 plus interest at the rate of % per year from June 14 19 98 Pursuant to Civil Code section 3186, it is your duty upon receipt of this Stop Notice, to withhold from the original contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to such contractor in an amount sufficient to answer the claim stated in this Stop Notice and to provide for the reasonable cost of any litigation thereunder. Dated July 17, 1998 I, the undersigned declare; Orange County Striping Service, Inc. (Name of Claimant) Jill Ziegler, Credit Manager (Title) VERIFICATION Iamthe Credit Manager of Orange County Striping Service, Inc. (Title) (Name of Claimant) the claimant named in the foregoing Stop Notice; I am authorized to make this verification in behalf of the claimant; I have read the foregoing Stop Notice and know the contents thereof, and the same is true of my own knowledge. Executed at Orange , California, on I declare under penalty of perjury under the laws of the J NOTICE TO CLAIMANT: If the claimant pays two dollars ($2. 0) o the must give notice of completion, cessation of labor deemed to b ompl July 17 is true and correct. MIM at the time of filing the stop notice, the public entity eptance of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notice be filed with the director of the department which let the contract, if the public work is for the State. In the case of any other public work, the statute requires that the stop notice be filed in the office of the controller, auditor or other public disbursing officer whose duty it is to make payments under the provisions of the contract, or with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom the contract was awarded. NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements of California law as of October 1, 1991. © Associated General Contractors of California, Inc. 1993 8/83 Form AGCC -20 State of County of On before me, personally appeared .f f Name Officer 0 ❑ personally known to me ❑ 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 acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and official seal. t7 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: - 71l7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: SI I( Z ( C 6 L- C 2 ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited • Attorney -in -Fact • Trustee ❑ General ❑ Guardian or Conservator Other: CAP I r Top of thumb here mH rd I) c6 2 Signer Is Representing: d Signer's Name: L Cl Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ®199B National Notary Association • 8236 Remmet Ave., P.O. Box 71 Ba • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800.876.6827 r pNGE Co�� I CA. CONTRACTORS UMM #300 July 21, 1998 City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 RE: Contractor: Heritage Engineering Project: Route 73 /Birch Street Amount Due: $27,637.34, (Plus Interest) Dear Sir or Madam: We worked on the subject project as a subcontractor for Heritage Engineering., and to date have not been paid. Please accept the enclosed stop notice, and withhold our money from all pending payments to Heritage Engineering. �.�✓,�f and return it to me in the envelope provided, I wouldt" / J If you would stamp and return the enclosed copy appreciate it. Truly, Jill . Zie n Credit Manager Enclosure cc: Heritage Engineering fi l y� A,,IcI 11, STOP NOTICE D -CC�rr�����v NOTICE TO WITHHOLD CONSTRRI6TKl " ®S O (Public or Private Work) (Per California Civil Code Sectio ❑�10 ) To: 01 f sett) -I'' Project: lrci -) M256 P�� a�IQ%�losSlt� . ic� 1 M OwNE Pueuc or on corvsaucT NFUrvD not Dfal [NAME) 3 Q OEFIrE nF rrr�P -tear x�®r�L�AERyyK1 h (ADDRESS IF 0 CiEO TO 4 B4NK OP SPYING$ 4 D L04N 45SN., USE PpOflES$ OF BRANCH MOLDING F"9ND) CITY OF hd -WPOR T OEI*'A E55) ►�ecJ��� b -- ��tun" "A-T e�ANp 1nvh _ %� �- l� (CITY STATE AND ZIP) TAKE NOTICE THAT ton') r L )0..0 0.,e C1% II"i?.1'�� 1 .tlY I LII (NAME OF THE PERS"_CIR FIR CLAIMING NEE STOP NOTICES LICENSED CONTRACTORS MUSTnUSE THE NAME UNDER ACTOR'S LICENSE IS ISSUEDI whose address is Co �. St- G.(�r'�S 7`lWGa Wl(}5lt � (ADDRESS OF PERSON OR FIRM CLAIMING STOP NO CE has performed labor and furnished aterials for a work /of improvement described as follows: lfC,P LPif�- % •.�.� The labor and materials furnished by claimant are of the following ge Wkind: Wer-;tc� rl �e_n (KIND OF LABOR, SERVICES, EQUIPMENT, OR A RIAL$ FURNISHED OR GREED TO BE FURNISHED BY CLAIMANT) The labor and materials wee furnished to or for the Poll i party: THE wORK OR Total value of the whole amount of labor and materials agreed to be furnished is: ............ ............ $ l) D) CIO The value of the labor and materials furnished to date is: ............................................................ $ I I `61 CIO Claimant has been paid the sum of: ...... ........................................ .......... ......... ....................... $ .41 And there is due, owing and unpaid the sum of: ........................................ ......... $ I I I You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. f FIRM NAM 6rn0,4A q (160 dL- it: It Wr lli�6 ev STOP NOTICE (OWNER OR AGENT OF CLAIMANT FAUST SIGN HERE AND VERIFY BELOWI ,,VERIFICATION „ I, the undersigned, say: I am the pi. %Q-1'I)I m`I' the claimant (- PRESIDENT OF," ) AGER 01,' "A ARTNEB OF," "OWNER OF," "AGENT OF," ETC.( named in the foregoing Stop Notice; I have read said Stop Noti and know the contents thereof; the same is true of my own knowledge. I declare under natty of perjury under thel law of the State of California that the �f�or�e�g'oi_ng its /true and correct. Executed on 2l 1 , at Pifi DOCVMENT WPS SIGNED) ( FCITY AN Sih4F WHERE NOTICE, SIGNED) (PERSONAL SIGNATURE OF THE INDIVIDUAJ WHO 15 "GWEAFING THAT TIE CONTENTS OF STOP NOTICE ARE TRUE) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 31611 If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information most be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: ( CLAIMANT MUST ENCLOSE SELF ADDRESSED STAMPED KNOLCOTTS FORM 994 - Rev. 3 -94 Ipnce class 3A1 STOP NOTICE ©7994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate and necessary to your particulartransaction. Consult a lawyer if you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. the form's fitness for your purpose and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs -- a bond is not required on public jobs or on a stop notice served on an owner for private jobs. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature If The claimant Is a corporation. an officer or authorized agent Should sign If the claimant ,s a partnership. a partner or authorized agent should sign It the claimant is a sole propr,etorship. whether or not doing Cosiness under a fictitious business name. the Owner of the business or an authorized agent should sign Reter to the following examples CORPORATION Nameol Claimant Johnson Electrical Co.. Inc. By PARTNERSHIP Nameol Claimam Joh�nnsson� Electrical {yCo. _. By SOLE PROPRIETORSHIP (Flctdmus Business Name) Nameol Chumantt Speedy ELectr cal -.o By SOLE PROPRIETORSHIP (Own Name) Nameol Claim(aa1nt ((�'id Johnson Electric _CO. By Verification This is a declaration under penalty of perjury under the laws of the State of California it does not have to be notarized However. to be valid. the verification must contain the date it is signed and the signature This standard form is intended for the typical situations encountered in the field indicated However, before you sign. read it. fill in all pranks. and make whatever changes are appropriate and necessary to your particular transaction Consult a lawyer if you doubt the forms fitness for your purpose and use 7 III6777IIIII39894 II6 Cepbe Sent Tet >,�, STOP NOTICE ° mom ❑ coin"+ xlclleer i NOTICE TO WITHHOLD TO HOLDER OF FUNDS ❑ Manage► , T0X l IV D—r l V '+ C ❑ (Na f owner, constructs lender or public officer HOLDER OF FUNDS. (Address of ow er or constructi n lender) YOU AR HEREBY OTIFIED THAT the undersigned claimant, A� (Name and address)' '0Q � has furnished or has agreed to furnish �� � f? ° y A I l 1 II i4� � _� (labor, services, equipment, materials) 1 of the following kind 5 (general description of la , services e i ment or materials) % I to or fo C�. 6 i or the work improvement, located at, or known as: (name of person to o for whom furnished) (address, legal description, description of site or froject identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 0 D The amount in value of that already done or furnished by claimant is $ U�• Claimant has been paid the sum of $ and there rema due and unpaid the sum of plus interest thereon at the rate of /O �Cper cent per annum from 19 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. n Bat / ©/ /I / dr STATE OF CAL ORNIA COUNTY OF NIV oc e— ss. �cAoLi�m4a�, & PU 11111i of Claimant Address of Claimant qp- y 8 9 0 7 `t being duly sworn, deposes and says: That —he is the person(s) who signed the foregoing Stop Notice; that =he has read the same and knows the contents thereof to be true of hJS own knowledge, except as to any matters or things that may therein be stated on h1-i- information and belief and as to those matters and things — he believes them to be true. Subscribed and sworn to before me this day Notary Public and in and for said State " i-,g E. 19 —. 71Y st"n d form coven mwt ouod Problem m We Seld mdierted. Before Too rcpt rod 4 fin in an blra6. STOP NOTICE " reelm ear PWVW m Tont ftwiletim. Consult •lawyer if Ton doubt the forear elman fos Your yuryors• WOLCOTTS FORM 49S-111111V. 2.73 (prkeclsar3) CALIFORNIA ALL- PURPOSPACKNOWLEDGMENT • No. 5907 State of � � 1113 f V1_ `' County of On V3 ,k`1i' efore me, Qot.�✓1' )� ) �- " NA , TITLE OF OFFICER - E.G., "JANE DOE, NOTATrY PUBLIC" personally appeared v NAME(S) OF SIGNER(S) ❑ personally known to me - OR - Xproved to me on the basis of satisfactory evidence to be the person whose name( is are subscribed to the within instrument and ac- knowledged to me that(R he /they executed CA. Y =.SHER the same in hi her /their authorized mission #I)74M capacity ibK, and that by (D her/their NotayPualc- ca"ranio Signature( ,3Con the instrument the person(v, Iarc M.50MFaczt,2M2 or the entity upon behalf of which t'he person(' acted, executed the instrument. W}INESS my hand and official seal. ( \� \ \)_ IG TURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 TO: CITY OF NEWPORT BEACH RECEIVED (Nerve at owttr, construction fender or pubft oftirar) 3300 Newport Blvd., Newport Beach, CA 92663 -3884 IN ?*CR.66i:bFFUNDS (Address of owner or coroliuctlon tender) BFFiCE Of THE CITY CLERK YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, CITY OF NEWPORT BEACH F. J. JOHNSON, INC., 3000 E. Coronado St., Anaheim, CA 92806 -2602 (Neese and addre w) has furnished or has agreed to furnish All Labor, Materials, and Equipment ( labor, servow squipmatt, malerleb) Of the following kind Construction /Modifications of Traffic Signals and Street Lighting (general deDaWton of tabor, aefWees, equipment or MaWlals) to or for HERITAGE ENGINEERING CONSTRUCTION , for the work improvement, located at, or known as: (twne of peraott b «f« rd+ont tumbbad) Birch St. Overcrossing, Newport Beach, RTE. 73, Contract #C -2931 (addroaa, bar description. description of she or pro)sct Idrltlhatlon) The amount in value of the whole agreed to be done or furnished by claimant Is S 117,483.99 The amount in value of that already done or furnished by claimant is $ 117,483.99 Claimant has been paid the sum of $ 2 6 , 6 2 6 . 6 2 , and there remains due and unpaid the sum of $ 9 0 , 8 5 7 . 3 7 plus interest thereon at the rate of 12 v_ per cent per annum from June 25 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: June 25, 1998 claimant F. J. JOHNSON, INC. Address 3 0 E. oronado St Anaheim, CA 92806 By tsgeo..atrx.a «aWetraaaoea.eeaYf Treasurer lamthe Treasurer of F. J. JOHNSON, INC. , named as claimant in the foregoing Stop Notice, and am authorized to make this verification. I have read this Stop Notice and know Its contents. It Is true to my own knowledge and contains, among other things, a correct statement of this claimanes demand after deducting all just credits and offsets. Executedat Anaheim California, on June 25, ig 98 I declare under penalty of perjury that the foregoing is true and gogect. r t t t Signature w � u c wy of: Co Law TT OSAKI S JOVANOVICH p Off 8t�psiigta Fp OW� 20 I i . FORM 107 Date copies sent TO: STOP NOTICE C -a� • WIN EGAL NOTICE TO WITHHOLD CONSTRUCTION IMMI V ED • Council MembwL (Public or Private Work) ❑ !'anagr (Per California Civil Code Section 3103) Aftoe 9H ;N 2"; 4 946 - o N woo Bach PROJECT: Birch Street Overcrossin ® pfr11i.wmer, pubis body or mnstmchon fund holder) t State RdIN 73 ❑ �rnm^^^^— rve4IDRTi Rl �rl Birch 6 Bristol IFFICE OF THE CITY CLERK ❑tA,ddress. H direcretl to a bank m`saNngs and ben assn.. use address of branch holding mnd) (And Newport Be"p Newport Beach CA a i (Cm, amts are xip) TAKE NOTICE THAT Pavement Recycling Systems, Inc. (Name M or firm Gai ni riteatoP notice. Licensed contractors must use the name under which ew mice 11011,180 18 bwed) whose address is P.O. Box �2�»Riversi�e, CA 92502 -1266 (Address d person or firm claiming slap noboa) has performed labor and furnished materials for a work of improvement described as follows: Co 1 d Plaine Ar P- ont Birch Str. OvercrossiD (NaE a,tl loratlon of the pralect where v'ork or matanals were mrnuhed) The labor and materials furnished by claimant are of the following general kind: Mill AC Pavement I Operator (General descri pllon of work and materials fumished) The labor and materials were furnished to or for the following parry: Heritage Engineering Construction. Inc. (Name of parry who ordered the work or mamdas) Total value of the whole amount of labor and materials agreed to be furnished is .................. ............................... $ 6796.16 The value of the labor and materials furnished to date is .......................................................... ............................... $ 6796.16 Claimant has been paid the sum of:.. Qty and there is due, owing, and unpaid the sum of: $_6.796-16 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRMNAME Pavement Recycling Systems, Inc. By (Name of shop notice claimant — see insaucuons for details) (owner or agent of stop notice claimant must sign here and verify below) VERIFICATION I, the undersigned, say: I am the President for the claimant named in the ( president of; -Manager of; 'A partner of; 'Owner Of.- (O.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on T±.ne 24 , 19��, at , California. (Data Mis document was signed) 111811 o c y e netiCe) �� of tl1a shop Nobw are Richard Gove, Pres dent REQUEST FOR NOTICE OF ELECTION (PRIVATE WORKS ONLY) (Per California Civil Code Section 3159, 3161 or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed ' (CmimaM must enclose seti addressed starrrpod emefope) SEE REVERSE SIDE FOR COMPLETE INSTRUCTIONS ILDING NEWS FORM PREPARED BY JAMES ACRET FORM 107 - 01993 :aldwexe Joj anoge aaS amjeu6ls aqj pue 'pau6is ojegM AVa aqj 'ajep aqj ulejuoo Ism u0Ije01juan aq; 'ppen aq o2 ';--- .aaMOrl 'pazuejou aq of a.�eq jou seop q `eluiojge:) jo ajejS aijj ul pau6ls sl it g -/unpad jo ,ileuad iapun ua:,eJeloap a S; slgl :u01je01gJaA / - - ... ... :'at7i aq at-41 jo Joumc a i_ ac / ... 17� ,'0 ", — .._... OJ awe wJl d .__ ..... ...... ..- - - --- --awe wJl J (aweN UMO) dIHSH0131k1d08d 310S dIHSdnN1HVd At Ag ' _ d ; soJL':,1�;11f7 juo&J apufi w.aljnDup jeuuljipp� ' -OD -M-MM .J 1 H AG,'JAdy aweN 1s;Ij J`:I U. Pv„x p{.LJ }I 7il KHUf awe1J wil-i (au4eN sn0ljl;o;j; dIHS8G1Al8d0Hd 3-105 Ni;i17? 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OJ awe wJl d .__ ..... ...... ..- - - --- --awe wJl J (aweN UMO) dIHSH0131k1d08d 310S dIHSdnN1HVd At Ag ' _ d ; soJL':,1�;11f7 juo&J apufi w.aljnDup jeuuljipp� ' -OD -M-MM .J 1 H AG,'JAdy aweN 1s;Ij J`:I U. Pv„x p{.LJ }I 7il KHUf awe1J wil-i (au4eN sn0ljl;o;j; dIHS8G1Al8d0Hd 3-105 Ni;i17? 'OdH00 a1dwexe of c- it e�z:ogs aa.Aoldwa uuzEeusu: £ :o Ssa,�lsr.q agj is aGUMO ay:, aulau sr.ongoq L -apun ssoulsnq C - if v ;. _a4;0t,n• alos e Si Lull; eqj ;l -6 s y¢A s cF qdu ;G Ei feuew JO Jauued a )_awiP ` - 0 oaf•£ c_ 6w6au�w Jo;:, u c Ile `uo6e. u=Joo e sl aogou c_ e�;ti!� PYH01 =1 SiHl ONIAli dBA CiNV ONINOIS 8U„ :---N •:. ;,on81SN! ns�uuvii4 Y1 n1n i INJSYIJ. 3afill SjJUlij UOIj'JI1JJSi1p:; LP,:4 %:0 t!, laplocl -30Cad I!3u'C'F1d Ci >i. 10110C) ANV 3AVH (TOA, -j, .;5 ,r, _. - - ... ... :'at7i aq at-41 jo Joumc a i_ ac / ... 17� ,'0 ", }c .0 Sj!., -i. U Ul I!' ': ti ln', ,. y iN'. 2jen Id j0 r It ' c.. _ s . i. - awq oqj SHM.t - SI ' ' _ d ; soJL':,1�;11f7 juo&J apufi w.aljnDup jeuuljipp� ' aq! UIIM pa! in ,anaJa[ul - sC �I('Po al.l I.'1TLixa _a',l (1 -�(.' r'f. .{7QCj al al Ul pdpo .° &anueq pal ,I :SRit! : =.GOC 3- cPM UCtlol'1.a:0.: ie a71,t.0 -, AO loalO;d a i n .le"Eja. qc, ql ° - B ::'r. d lit ^.re,a^ Hof! aq ,- "'� .,p . 0 6.Is;ngVp,.a. jrt is Japa'a', $..h, l!lJljaio4 a. (: .;GU E it sl..l a_. a� P1n0gS jl 'Go I 1oi-lua:a4R slop LIC, Uetj R,,o.:i ;o'.; IP i� a a u;�el cf ,r uc e I "x� ill aJojoq Italy eq ,1 I Aew.l „rc p -4S.M j"-1li r� - _ [i JPJ co G sC j: 8jj3 S. jln5' csoi n tC11dx`e '9, :ij J', doffs t' :i)01jj E� iS rij� jll " _ 4aOJ 'L';J-ZI c T ppuoq ou `fnnn ).lgnd .lo 1aumo o1y0U ? °.. aJ,.ou doj5 �-.. t.,.. ..j I 1,,lo Gl_.JO AG .. . •.NAVJaY lnit 7. � aj C., JejtJ i Ohn S'r,0 ":• Ja MC a S E ql �A r{ :CUa x 4 i] ;J�l, IJ[.,, ...tl -ww ayj Jald t r f, �b tS , m Pa:9 a4 4S;,.; �j4ou dOp �1i7 ;!ew peyr "ao jel47 sueaw slgj_ 'swell s:;:ueyaaue Ew;JJO,:e+ n ; �i ay; s o PaJelsl6e, : a^ as 0(; £ ICI;:: o!j0u doll i :Eu!Ilv:yy awes a" l Si ,i: 07 R ;� c y :5u1l.1 .0j awll S33110N dO1S in08V N011V d0z1N1 CoplaS Sent Tai; 11Ma10Of RECEIVED COUrtil STOP NOTICE � Managtx LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS 11 —3 A10 :25 AF P (Public or Private Work) 0 CITY (Per California Civil Code Section 3103) OFFICE RT BEA P O ,� P H To: City of Newport Beach Project: Birch St. Overcrossing #C2931 (Name of owner. public body or conduction fund holder, (Name) 3300 Newport Blvd. Birch St. @ RTE 73 (Address if directed to a bank or savings and loan assn, use address of branch holding fund) (Address) Newport Beach, CA 92662 -3884 Newport Beach, CA (Cary, state spot Zip) - (City. We and zip) TAKENOTICETHAT Western Waterproofing Co., Inc. (Name of the person of firm claiming the stop notice . l,tiended contractors must use the name under which contractors license is reseed, whose address is 720 Debra Lane, Anaheim, CA 92805 (Address of person or firm claiming stop notmel has performed labor and furnished materials for a work of Improvement described as follows: Birch St. Oyererossing @ RTE 73, Newport Beach, CA (Name and location of the project where work or materials were moriShedl The labor and materials furnished by claimant are of the following general kind: Labor and materials to install ioint seal (Type B — MR 30 MM) (Kind of labor. services equipment or mafena s furnished or agreed to be furnished by claimant, The labor and materials were furnished to or for the following party: Heritage Engineering Construction, Inc., 11244 Pipeline Ave., Pomona, CA 91766 (Name of Me party who aid ered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................................. $ 2,737.00 The value of the labor and materials furnished to date is: ........................................................ .............. $ 2,737.00 Claimant has been paid the sum of: and there is due, owing and unpaid the sum of :...................................................... ............................... $ 2,737.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: Western Waterproofing Co., Inc. By. VERIFICATION I, the undersigned, say: I am the Branch Manager ('President of. 'A partner of. 'Owner Of 'Agent oP, etc.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 1 19 98 at Anaheim California. (Gale this document was signed) of clly where slop not sigma Wearer signature of the individual who is swearing that the contents of stop notice are true) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Claimant most enclose self addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 894 —STOP NOTICE —Fey. 4 -91 (price class 3) Before you use this form, read it fill in all blanks, and make whatever changes are appropriate and necessary to your particular c 1991 WOLCOTTS. INC transaction. Consult a lawyer If you doubt the form s fitness for your purpose and use NblCOtte makes no representation or warranty, express or implied, with respect to the merchantability or James of If farm for an intended use or purpose. 7 I�IIIIIII�5 II III9 �I 12 ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code §43179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the tiling of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consuh an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To:City of Nawnr]rt Reach Project: #C2931 Job #B98 (NAME OF NAP, ryµiC BODY OR CONSTRUCTION FUND HOLDER) (NYUEI PO Box 1768 Birch Street Overcrossing IApORESS IF DIRECTED TO A BANK OR SAVINGS AND LOAN ASSN.. USE ADDRESS OF BRANCH NOLOING ALI IAODRES Il Nawi nri• Roach CA 92658 -8915 Newport Beach, CA ICnY, STATE AND OF) 1 ITT STATE AMID OF, TAKE NOTICE THAT Marden Sus -o. LLC (NAME OF Mf FEPSON OP FIRM CLAIMING TINE STOP NOTICE. uC1x SEO CONTRACTORS MUST USE THE NAME UNDER WNICN CONTRACTOR'S uCENSE Is ISSUED) whose address is 1550 W. Linda Vista Drive San Marcos, CA 92069 (AODRESs OF PERSON OR FIRM CLAW WG STOP NOME) has performed labor and furnished materials for a work of improvement described as follows: Project #C2931 Birch Street Overcrossinq Newport Beach, CA (NAME RAO LOCAT*. OF TPE APOIECT WHERE WORK 0R MATERIALS WERE 1U01RNE01 The labor and materials furnished by claimant are of the following general kind: Pines. Valves, Fittings, and related materials for water & sewer systems (KIND OF LABOR. SERVICES EQUIPMENT. OR MATERALS FWMSNEO OR AGREED 10 BE FUPNLSNED aT CLAWAMI The labor and materials were furnished to or for the following party: Heritage Engineerin (NAME OF THE PARTY WHO ORDERED THE WORK OR MATER4LS1 Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ _ 28,750.00 The value of the labor and materials furnished to date is: ............................................................ S 31, 850.10 Claimant has been paid the sum of: ............................................................................................ $ 12,711.22 And there is due, owing and unpaid the sum of: ........................................................................ $ 19,138.88 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable li gainst any struction funds for this project which are in your hands.) `7 FIRM NAME: MAT-den Susco LLC sy'�- `� (NAME OF STOP NOTICE CLAWANTI (OWNS OR�AG 0`F S —TOP NOTICE C WANT Must WIN HERE ANO VEPI I BELOW) Sherry Hen VERIFICATION I, the undersigned, say: I am the Credit Manager the claimant ('PRESIDENT OF,' 'MANAGER OT; 'A PARTNER OF-' 'OWNER OF,' 'AGENT OF,' ETC.) named in the foregoing Stop Notice; 1 have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. 1 declare under_ penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executel o at Ma s , CA TE TH6 DOCUMENT wAE � )NAME OF CRT AND STATE WHERE NOTICE BIGNFOI it ({ V EN. 1 ` _ (PERSONAL SIGNAIDRE OF THE INdVgUAL I EARNG TMT CWNTENTS OF STOP NOTICE ARE 91UEI f3 O O 0�p t10 0 REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3 15 9, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed (CLAIMANT MUST ENCLOSE SELF-ADDRESSED STAMPED ENVELOPEI WOLCOTTS FORM 994 - Rev. 3 -94 (price class 3A) STOP NOTICE ®1994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are approonateand necessary to your particular transaction. Consult a lawyer if you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. the form's fitness for your purpose and use. Wolcotts makes no representation or warranty, express or implied. with respect to the merchantability or fitness of this form for an intended use or purpose. 0 0 RECEIVED '98 IN 30 P12 :22 - OFFICE OF THE CII Y CLERK CITY OF NEWPORT BEACH STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS T0: City of Newport Beach (Name of owner, construction lender or public officer) 3300 Newport Boulevard, Newport Beach, California 92658 (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant: Dependable EquiDment Rental - 841 E. Washington Street, Santa Ana, Ca. 92701 (Name and address) has furnished or has agreed to furnish Heavy Construction Equipment (General description of labor,services, equipment or material) to or for Heritage Engineering Construction ,for the work improvement, located at, or known as (name of person to or for whom furnished) Job #B- 98- Newport Beach, Birch St. O/C St. Rte #73 - Newport Beach, Ca. - Project #C2931 jAddress, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $1,997.74 The amount in value of that already done or furnished by claimant is $1,997.74 Claimant has been paid the sum of $ -0- and there remains due and unpaid the sum of $1,997.74. plus interest thereon at the rate of 10 per cent per annum from January24, 1998 You are hereby notified to withhold sufficient fund to satisfy this claim with interest. Dated: June 10, 1998 State of California County of Orange Dependable Equipment Rental (Name of Claimant) 841 E. Washington St., Santa Ana, Ca. 92701 (Address of Claimant) (t(� N% 1W 12. cV, , being duly sworn, deposes and says That _his the person who signed the foregoing Stop Notice: that _he has read the same and knows the contents thereof to be true or he, own knowledge, except as to any matter or things that may therein be stated on h15 i ormation and lef d as to those matters and things _he believes the to be true Subscribed and sworn to before me this 19jh day of June, 1998 No ary Public and in and for said State Cr '63531 „y [ %�� y : �`". LUANNE E. BAILEY �_`.. Commission k 1163531 No:aryPublic- Colitomio Orange County My Comm. Expies Dec 25, 2001 U Copies Sent Ta cy � a ❑ Maya o UM ❑ Council Member o ❑ Manager 3 )Ej'Attoompey LIJ 11! wo ��IA U} ❑ <L � 40 U ❑ Cr '63531 „y [ %�� y : �`". LUANNE E. BAILEY �_`.. Commission k 1163531 No:aryPublic- Colitomio Orange County My Comm. Expies Dec 25, 2001 F l FORM 107 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) jPer California Civil Code Section 3103) Attn: Public Wo ks Director TO: City of Newport Beach PROJECT: Birch Street o/c State Rte 73 (Name of caner, puokO hotly or wrmbuution Lvd teber) (NmriNr PO Box 1768 Proiect C2931 Newport Beach (Address. n dkaded w e bank or amvgs and ben asm., ass afters of taarch homig faed) (Addrew) Newport Beach CA 92658 -8915 (GN, anon and M (Oay, amts and a41 , TAKE NOTICE THAT (Name a de person W ham caimag the sbp nonce. trcensad dpnpacbrs moat use the name under ww.n owmM acaee.evmaeO) whose address is PO Box 1599 Fontana CA 92334 (Address d parson W mm darning 5Wp nodca) has performed labor and furnished materials for a work of improvement described as follows: Birch Street E3 11111yo, Newport Beach C2931 I (Name and bmaun of the pWd were work W melehals were Unshod) l� ibNRl'i) MtM16w 0 plum The labor and materials furnished by claimant are of the following general eauiurnent rental The labor and materials were furnished to or for the following parry: Heritage Engineering Cortste nc. PO Box 850 Ontario CA 91762 (Nano of parq who Ordered de n W hnWenam) Total value of the whole amount of labor and materials agreed to be furnished is The value of the labor and materials furnished to date is ........ ............................... Claimant has been paid the sum of: ......................................................................... and there is due, owing, and unpaid the sum of: .................................................... You are required to set aside sufficient funds to satisfy this claim with interest, court costs and You are also notified that claimant claims an equitable lien against any construction funds for this FIRM NAME Western Equipment Outfitters Inc. I y (Name of amp twice cW: — see kemcapm tar debfb) VERIFICATION 2262.00 .2262.00 -0- 2262.00 of litfgatl provided by law. ��hands. [,the undersigned, say: I am the Vice President the claimant named in the (1Teai W a''Aereper of; 'A partner d. 'Owner W; amt.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the to ing is true and correct. Executed on 6 -8 -98 , 19__, at Fontana ar l (Data dus downers was aimed) (Nana W dry were atop no REQUEST FOR NOTICE OF ELECTION (PRIVATE WORKS ONLY) (Per California Civil Code Section 3159, 3161 or 3162) ti an election is made not to withhold toT" rsuant to chi notice by reason of a payment bond having been recorded in accordance with Sections 3256 or 3162, g0de send notice ection and a copy of the bond within 30 days of such election In the enclosed preaddressed stamped be provided by you under Civil Code Sections 3159, 3161 or 3162 Signed FORM 707 -01993 A 1:1 :11 BLUDIM NEWS FORM PREPARED BY JAMES ACRET I•'l rl E ESTERN BUIPMENT June 8, 1998 City of Newport Beach Attn: Public Works Director PO Box 1768 Newport Beach CA 92658 -8915 RE: Birch Street O/C S, c 1 c 73 Newpoi 11 Bea0 Project C293 i Please Find our attached Stop Notice on the above referenced project. We would like to be notified of your decision as to not withhold funds and bond information. Please call if you have questions. Thank you very much. WESTERN EQUIPMENT Bobbie Aldrete Credit cc: Heritage Eng. Const. PO Box 850 Ontario CA. 91762 F�r(1�IT 14635 Valley Blvd., Fontana, CA 92335 • (909) 822 -8008 • Fax (909) 822 -4878 a LL z LAA C) Z ,C� m LU LL (All LUW m III LD V i � NOTICE TO .Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 City of Newport Beach or Owner) port Beach, CA (If Private Job - file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner - CIVIL CODE SECTIONS 3156 - 3175) (If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract - CIVIL CODE SECTIONS 3179.3214) Prime Contractor: Heritage Engineering and Construction, Inc. Sub Contractor (If Any) Owner or Public Body: City of Newport Beach, CA Copies Seat Ta Improvement known as Birch Street OVercrossing, State RTE 73 ❑ Mayor Newport Bea&f mtrdadd•°. &rJeW213lofimprovenrenQ unC Member ��''L��VJJ n u,n.ne. q in the city of Newport Beach County of Orange -,tj- y State of California. Van Matre Lumber Co., Inc. Claimant,a Corporation Jru (Claimant) (Corporatior✓Parmership /Sale Proprie(6llshii Furnished certain labor, service, equipment or materials used in the above described work of imporvement. The name a person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or trials —W - Heritage Engineerinq & Construction, Inc. (Name of Subcontractor / Contractor /Owner - Builder) The kind of labor, service, equipment, or materials furnished or agreed to be famished by claimant was Lumber and Related Matrerials (Describe in detail) 24,821.33 Total value of labor, service, equipment, or materials agreed to be furnished $ Total value of labor, service, equipment, or materials actually furnished is $ 24,821.33 0.00 Credit for materials returned, if any $ Amount paid on account, if any $ 2,295.73 22,525.60 Amount due after deducting all just credits and offsets $ YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 22, 525.60 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond fEIVIL CODE SECTION 3083) 1S Mt attached. (Bond required with Stop Notice served on co W U (is /is not) Q cons tion lentrjp privatejobs - bond not required on publicjobs or on Stop Notice served on owner on private jobs). LLJ Date¢ Junes 1998 Name of Claimant Van Matre Lumber Co., Inc. _ (Fir�r rV�ele _ 0 10690 Live lklK ll W x , � z ' ing Add s) C) By U-1 C) (Sigwmre) CFO (Official Capacity) ® VERIFICATION I, the undersigned, state: I am the CFb ( "Agent of 'President of "A Partner of', "Owner of', etc.) the claimant named in the foregoing Stop Notice: 1 have read said claim of Stop Notice and Know the contents thereof, and 1 certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on JIM 2 19 98 at Fun a State of California �� ggnatu Claimant or Aut oi-m gent) 0 0 �f STOP NOTICE RECEIVED NOTICE TO WITHHOLD TO HOLDER OF FUNDS M MAY 29 P1 :48 OFFICE OF THE CITY CLERK T0: City Of Newport Beach C/0 CR ":> CITY OF „--WPORT BEACH (Name of owner, construction lender or public officer) 2082 S E Bristol S'r. #2 Newr, . c ' : , Q 660 HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Martha McCraw dba M &M Materials (Name and address) has furnished or has agreed to furnish C2B & SE30 F/S aTad deliver e€ same (labor, semaes, egmpment, materials) of the following kind Class 2 Base, SE30 Fill Sand and delivery of same (general description of labor, services, equipment or materials) to or for He r i to ne Fn cli nee r nq Construction Tnc,.for the work Improvement, located at, or known as: (name of person to or for whom furnished) Birrh St. _ 0/C State RTE 73, Project #C2931 Newport Beach, CA (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ The amount in value of that already done or furnished by claimant is $ monola Claimant has been paid the sum of $ 6g27_ l i , and there remains due and unpaid the sum of $ 9891.79 plus interest thereon at the rate of l . S% per cent per annum from gabruari. , 195—_. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: May 22, 1408 STATE OF CALIFORNIA 1 COUNTY OF fps �r�a.1 ¢S ss. Martha McCraw dba M &M Materials Name of Claimant P. 0• BOX 2356 Covina , CA 9 /- Address of Claimant ~ IL �ODDDL�IDDD M lmh T-Q e n M C &U kR , being duly sworn, deposes and says: That She is the personN who signed the foregoing Stop Notice; that She has read the same and knows the contents thereof to be true of hA&- own knowledge, except as to any matters or things that may therein be stated Gn hAAe information and belief and as to those matters and things the believes them to be true. Subscribed and sworn to before me this— aa`� day of MA 19 Ct%. Notary Public and in and for said State A MAUREEN McGUIRE COMM, #1059004 < j NOTARY PUBLIC - CALIFORNIA y LOS ANGELES COUNTY M INIMY ir es May 14, 1999 711b tMndnd form raven mmt usual Ptoblema an the field lndkated. Ddm yon tZ road ft. IID In dl blmb. •TOP NOTICE and m8M aMnaft pope m your Mnsactlm• Conmdt aI&"" If you doubt [be Forma fitoett for your Wrpote. WOLCOTT* FORM •pa—Ray. 1 -73 toftec 3) STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To: CITY OF NEWPORT BEACH Project: C -2931 (Name of Owner. Public body or construction fund below) (Name) 3300 NEWPORT BLVD BIRCH ST OVERCROSSING AT SR 73 (Address, It directed to a bank or savings and loan assn. use address of branch holding fund) (Address) NEWPORT BEACH, CA 92663 -3884 NEWPORT BEACH, CA (Cilty. State and Zip) (City, State and Zip) TAKE NOTICE THAT CALMEX ENGINEERING, INC. (Name of the person or firm claiming the stop notice. Licensed contractors must use the name under whkn contractors license is issued) whose address is 190 E. HARRISON STREET, BLDG A CORONA, CA 91719 (Address of person a firm claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: BIRCH ST OVERCROSSING AT STATE ROUTE 73, C -2931 (Name and Location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: LABOR AND EQUIPMENT TO PLACE ASPHALT CONCRETE MATERIAL (Hind of labor or services, equipment, or materials furnished or agreed to be furnished by claimant) Total value of the whole amount of labor and materials agreed to be furnished is: 70,284.70 Total value of the labor and materials furnished to date is: 118,882.73 Claimant has been paid the sum of: 58,406.30 60,476.43 and there is due, owing and unpaid the sum of: You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands FIRM NAME CALMEX ENGINEERING, INC. BY: the underigned, say I am the AGENT of the claimant name (A President of, A Partner of Owner of, Agent of, etc.) the foregoing Stop Notice; 1 have read said Stop Notice and know the contents thereof; the same is true of my own 1 declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed on MAY 18, 1998 � at CORONA -r�C ,California individual w1m is swearing had the contents of Stop Notice are true REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Cid Code Section 3159, 3161, or 3162) an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance th section 3235 or 3262, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed Signed: stamped envelope. This informedon must be provided by you under Civil Code Section 3159, 3161,or 3162. :lase self - addressed stampea envetopel M CDo M ❑ ❑ ❑ � vin M V' CD~ MC-) 1— _ Q �Nft _M x q MAY UBLiC STOP NOTICE RECEIVED CALIFORNIA CIVIL CODE SECTION 3103 N00% Vol '98 MAY 14 :24 City of Newport Beach, 3300 Newport Blvd, Newport Beach Ca 92652 Attn: All Loce OFFICE Of- THE C!I �RK ([f PitiLate :lob -file with responsible officer or person at office or bran R� H administering the construction funds or with the owner - CIVIL CODE SECTIONS 3156 - Prime Contractor: Heritage Engineering & Construction Sub Contractor (If Any) A C L Construction Co Inc. Owner or Public Body: City of Newport Beach Improvement know as J -460 Birch & Rte 73 -Birch Street Over Crossing & State Route 73. City of Newport Beach. County of Orange, State of California. California Portland Cement dba Catalina Pacific Concrete, Claimant, a Corporation furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is A C L Construction Co Inc. The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Ready Mix Concrete. Cement and Services. Total Value of labor, services, equipment, or materials agreed to be furnished $ N/A Total value of labor, services, equipment, or material actually furnished is $ 112,956.68 Credit for materials returned, if any $ -0- Amount paid on account, if any Amount due after deducting all just credit and offsets 33,090.52 79,866.16 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $79.866.16 addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached. (Bond not required on public jobs or on Stop Notice served on owner on private Jobs). Date May 12, 1998 ogua Portland Cement dba Ama Pacific Concrete o. O. 5 idQrrc,� 91741 Leslie I, undersigned, state I am the Credit Administrator of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California a t t foregoing is true and correct. Executed on May 12, 1998, at Glendora State of n T vA 0 0 0-aa-M 0 0 0 0 MAR 17 1993 Release of Stop Notice MAR 2 3 ; TO: City of Newport Beach, Public Works Department Construction Lender (or party with whom Stop Notice was filed) 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92663 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated November 3, 1997 in the amount of $ 8,462.50 against City of Newport Beach as owner or public body and Heritage Engineering Construction, Inc. as prime contractor in connection with the work of improvement known as Birch St-r Pt OvPrrrocsing at State Route 73, Contract No. C -2931 in the City of Newport Beach , County of State of California. Date March 11, 1998 Name of Claimant Mar in}tj!�and�jcape, Inc. By Richard Morley, Controller VERIFICATION I, the undersigned, state: I am the Controller A (" ent o' g , "President Presi ent of , A Partner o caner of", etc. the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 11, _,19 98 at Anaheim State of California Signature of Claiman or Authorized Agent) RICA FORM 5(REV. 2/87) 3 a = U Dote O copies µpes i .Sent Teo W g U W m Q Mayer en U o ❑ CoweJ Member W N Q Manager U Q C) if rn y 1611 W a tL 0 Cd C) O ❑ RICA FORM 5(REV. 2/87) f A r .. ,It To: .'9f RECE ED[ r o!ncil Member STOP NOTICE ager '98 MAR 19 P3:35 n ° °. Lex LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) OFFICE CF THE CITY CLERK (Per California Civil Code Section 3103) CITY OF NEWPORT BEACH To: City of New Port Project: Birch St. Overcrossing (Name of Owner. Public body a canstmction fund hOldef) (Name) 2082 S. Fast Rristol St. Suite 2 @ RTE 23 (Address ll directed la a bail, a savings and loan assn., use address of branch trooping lund) (Address) Tgewport Reach, C.A. 92660 (City, slate and zip) (City, stale am zip) TAKE NOTICE THAT Ulmer Industries, Inc. )Name of one person or lore claiming the slop ounce. Licensed contractors must use the name under which contractor s Incense is issued) whose address is 15243 valley TRlvd, Fontana, CA. 92335 of person or firm claiming stop has performed labor and furnished materials for a work of improvement described as follows: Birch St. Overcrossing @ RTE 23 (Name and locatmn at the Project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: Man hole frames and covers (Kind of labor. services, equipment, or materials furnished or agreed to be lurmshed by claimanq The labor and materials were furnished to or for the following patty. Heritage Engr. the party who ordered the work a materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................................. $ The value of the labor and materials furnished to date is: ...................... Claimant has been paid the sum of: ...................................................... and there is due, owing and unpaid the sum of: ........................ 1,081.85 $ 1,081.85 1.081. You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: Ulmer Industries, Inc. By: 1)ar Ulmer (Owner a agent of slop mice clamant mull sign h¢rt and verily Oebw) VERIFICATION I, the undersigned, say: I am the C.F.O. ('President ol', "A dormer W. 'Owner ot', "Agent 0l', etc.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 12, , 19 98, at Fontana (Date this drcument was added) (Name of city where stop wk slop notice we bur) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Ctamad must encbse seN addressed stamped nwelope) See reverse side for additional information. WOICOTTS FORM 894 —STOP NOTICE —Rev 691 (price toss O) eelme YOU use M term, read I. dg in all blanks, and make whNevtt charges are appmgdate and necessary In your particular .1991 WOLCOTTS, INC. karaacdm. Consull a lawyer a dadl the form's hbwu to your puryou and use Wokolos makes no mpresenueon a wirmldy, express a knpked, w9h Rspecl to Ito merchaldatiiry a fMns tl tlas lam for an mbnded use or purpose. ,:.. ADDITIONAL INFORMATION -- (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code §43179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. a os Oft Capron Seat Tla Q Maya Q Council Member Q Manager gr RECEIVED STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FMNDT R 17 A10:22 (Public or Private Work) (Per California Civil Code Section 310)FILE OF THE CITY CLERK CITY OF NEWPORT BEACH To: CITY OF NEWPORT BEACH (Name of owner, public body or constmchon fund holder) 3300 NEWPORT BOULEVARD P.O. BOX 1768 (Address. If directed to a bank or savings and loan assn., use address of branch holding fund) G_ i Project: tY :• YY 71 RTRM STRF.F.T QVP.RrRDSSJNG WIDENING. {Address) NEWPORT BEACH, CA. 92663 -3884 (CM. state and zip) (City. stale and lip) TAKE NOTICE THAT J & K WELDING (Name of the person or brm claiming the stop nonce. Licensed contractors must use me name under which contractor's license is issued) whose address is 1026 W. 5th ONTARIO, CA, 91762 (Address of person of brm claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: WELDING STATE ROUTE 73 BIRCH STREET OVERCROSSING WIDENING (Name and locahon of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: WELDING (Kind of labor, services equipment or materials furnished or agreed to be furnished by claimant) The labor and materials were furnished to or for the following parry: M,'RITAGE ENGINEERING CONSTRUCTION. INC. (Name of the party who ordered me work or materials; Total value of the whole amount of labor and materials agreed to be furnished is: The value of the labor and materials furnished to date is: ........................... Claimant has been paid the sum of: and there is due, owing and unpaid the sum of: ......................................... EIIIIIIIIIIIIIINE a ............ $ 347.50 ............ $ You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: J & K WELDING A {Name of stop notice claimant) By: or agent at sW.0oce claimant must sign here VERIFICATION I, the undersigned, say: I am the "OWNER OF" ('President of'. 'A partner of', 'Owner of'. 'Agent of', etc.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on WRCH 12, 1998 19 at California. (Dale this document was signed) 11 QL (Name of sev where stop Coca signed) contents of stop notice are We) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Claimant must enclose sell addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 894 —STOP NOTICE —Fey. 4 -91 (once class 3) Before you use Ihis form, mad it. fill in all blanks, and make whatever changes are appropriate and necessary to your particular rc 1991 WOLCOTTS. INC. transaction. Carl a lawyer it you doubt the form's fitness ter your purpose and use. YAI[otts makes rw representation or warranty, express ar imptie4 wit respect to me membantabiGCF ar lalcessof this from for an intended use m qurgeri ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. c -aR Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 RECEIVED NOTICE TO City of Newport Beach (Name of Construction Lender, Public Body or Owner) P.O. Box 1768. , Newport Beach, CA 92658 M FE9 20 10 157 — (Address) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - (If Public Job — file with office of controller, auditor, or other public disbursitQ{�i,�rtake payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 2 4 Henn Prime Contractor: Heritage Engineering Construction Sub Contractor (If Any) N/A Owner or Public Body: City of Newport Beach. Improvement known as Birtch Street 0/C State Rte 73 Newport Beach, CA Project ll C 2931 (Name and address of project or work of improvement) in the City of Newport Beach County of Orange State of California. Traffic Control Service, Inc. Claimant, a Corporation (Claimant) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Heritage Engineering Construction (Name of or Subcontractor /Contract/Owner - Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Equipment and materials to control traffic flow. Total value of labor, service, equipment, or materials agreed to be furnished......... $ 7,453.31 Total value of labor, service, equipment, or materials actually furnished is............ $ 7,453.31 Credit for materials returned, if any ............................... ............................... $ -0- Amount paid on account, if any .................................... ............................... $ -0- Amount due after deducting all just credits and offsets ...... ............................... $ 7,453.31 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 7,453.31 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached. (Bond required with Stop (is /is not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date February 18, 1998 Name of Claimant Traffic Control service, Inc. (Firm Name) 1881 Betmor Lane g Anaheim, CA (M2igU5Address) E a E id By Credit r Manager, fta ere)L. Fleischner /Official Capacity) o, o VERIFICATION �, the�un errssigned, sta e: I am the Credit Manager of. ('Agent of; "President of: A Partner of; "Owner of" etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 18 19 98 at State Of California (Signature of Claimant or AulhoriZed Agent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant must enclose self addressed stamped envelope) ,vr NOricu Iiul 0 Stop Notice 16 CALIFORNIA CIVIL CODE SECTION 3103 RECEIVED 3300 Newport Boulevard, P.O. Box 1768, NeldROrt;,,Be�cq,, ,C,a 92663 (ctrl mn) �D�h i Ag (If Private Job — file with responsible officer or person it office or branch of construction lender administering (he construction funds or with the owner — CIVIL CODE SECTIONS 3156 -{! DICE OF THE CITY CLERK (if Public Job — file with office of couroller, auditor, or other public disbursing cgjk- (r0yhh "Q1lk09Tf K *Hake payments colder provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Heritage Engineering Construction, Inc. Sub Contractor (If Any) Owner or Public Body: City of Newport B a h Improvement known as Birch Street Overcrossing at State Route 73 (Name and address of Irrnjerr nr nor a i,rrprovemenl Contract No. C -2931 in the City of Neewport Beach _ , Courtly of Orange Slate of California. Marina Landscape, Inc. Corporation Claimant, a /C nirnnm/ lCngrornrinn/ 'nrmrrs rip /, n r 'rrrprlrnvs rilr furnished certain labor, service, equipment or materials used hr the above described work of improvement. 'File name of the person or company by whom claimant was employed or to whom cinimaal furnished labor, service, equipment, or materials is __T.-r i g i naafi ng Construction . _Inc . (Naar rrJ. a tt'onrrnunr /Can rnrlor /On•nrr- llvildr,) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Landscape and Irrigation (AC-It rNir irril) 16 , 500.00 Total value of labor, service, equipment, or materials agreed to be furnished..,,..... $ _. Total value of labor, service, equipment, or materials actually furnished is............ $ 8,462.50 Credit for materials returned, if any ............................... ............................... $ _ -0- Amount paid oil account, if any ...... ............................... ............. $ -0 Amount due after deducting all just credits and offsets ...... ............................... $ 8,462.50 YOU AItE,, IIEREEIV NOTIFIED to withhold sufficient monies held by you oil the above described project to satisfy claimant's demand in the anounl of $S- 462 _5O— and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of liligalion, as provided by law. . A bond (CIVIL CODE SECTION 3083) _ allached. (Bond required with Slop 6' / /is nai) - - Notice served oil conslruclious lender on private jobs - bond not required on public jobs or on Slop Notice served oil owner oil private jobs). Dale November 3, 1997 Name of Claimant - Marina Landscape, Inc. 17602 ArmstrrongNAvenue P.O. ox 18�Jirbr,� Irrvine 92614 ►- JH B y m 3 (0yriviol capnciq') . nnllf���a nn VERIFICAT ION ° �141liptr, lg"ctt'Pie: I nrn thc. —_____ Agent of _ — -' — -- „__ __..- /'1lcrnl ql'; "P,rsrr .•rrl rr! . rrrna'r q/ . (n'n,'r nl . rlcl the claimanl named In the foregoing Stop Notice; I have read said claim of Stop Nolice and know the contents thereof, and 1 certify (hat the same is (rite of my own knowledge. I certify (or dcicarc) under penally of perjury under the laws of (Ire Stale of California (fiat file foregoing is (fine and correct. Gxcctrlcd on November 3 _ I9 97 it Irvine Slate of California /.Sima,a e r f nirnnm nr , ulhuri,r ,Igrnl/ m."QUES'r FOR NOVICES OF F:LLCTION (Private Works Only) If all elcc(ion is made trot Io withhold funds pursuant to this slop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stmnped envelope to (be oddlcss of the claimanl shown above. This infornnation must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: — _ (Mv rmni Tpi, r rr- Innis- ski! ��sarr7-.Vnnrpr�i earrriprJ PICA roam r IrSNop Olin 0 CITY OF NEWPORT BEACH Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -8915 (949) 644 -3311 (949) 644 -3318 FAX RECEIVED '99 MAR -3 P3 :22 OFFICE OF THE CITY CLERK CITY OF NLWFORT BEACH LETTER OF TRANSMITTAL DATE: March 3, 1999 TO: Dennis Harvey Fidelity & Deposit Company of Maryland 11410 N.E. 122nd Way, Suite 304 Kirkland, Washington 98034 FROM: Bill Patapoff City Engineer 0 Re: Project Birch Street Overcrossing Project No. C -2931 Surety Fidelity & Deposit Company of Maryland Claim No. 180 001492 THE FOLLOWING ITEMS ARE ENCLOSED: Two checks totaling $271,133.48. COMMENTS: Per the July 20, 1998 letter from Heritage Engineering we are transmitting the following checks to you as the final payment for the Birch Street Overcrossing: Check No. Amount 292831 $171,513.42 292834 $ 99,620.06 Total: $271,133.48 With the disbursement of this amount, the City has released all funds withheld from the Heritage Engineering construction contract. cc: City Clerk David L. Nash; Robins, Kaplan, Miller & Ciresi L.L.P. f: \users\pbvuhared \contracts \97\birch street bridge o-2931 \transmit.doc STOP NOTICE IJ LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) RECEIVED (Per California Civil Code Section 3103) To: City of Newport Beach Project: Backbay D1eo, MtWe 1.� 1 AS (NAME OF OWNER, POaUC BODY OX CONS Beach FUNp IgLOFI1I E) 3300 Newport Blvd_ San Joafd tiri H'11G 6 Sh llmakPr (ADDRESS IF DWECTEO TO A L OR $AV WGB AM LOAN ASSN., USE ADDRESS OF BROWN HOLDING FUND) (£A'D(p�RFES$flt� _ Newport Beach, CA 92663 Rd., NewportOFick,THiSciE CLERK ,F" STATE AM WI E A X - TAKE NOTICE THAT HERITAGE ENCTNEERING CC) RT1C –10 _ INC _ (NAME OF THE PERSON OR FMM CLAMING THE STOP NOTICE. UCENSEO CONINA"T MUS USE THE NAME UNOER WHICH ComU,CTOR'S LICENSE 6 MUM whose address is P.O. Box 850, Ontario, CA 91761 -8850 )ADDRESS OF PERSON OR FIRM CLAM ND STOP MINCE) has performed labor and furnished materials for a work of improvement described as follows: Form, pour and finish concrete roadway. (NAME AND LOCATION OF THE PROJECT WHERE WORK OR MATERIALS WERE FURNISHED) The labor and materials furnished by claimant are of the following general kind: Labor and equipment (trucks, forms, compressor, vi haratnr small +nnlc) (KIND OF LABOR, SERVICES. EOW%AEHT. OR MATERIALS FURN6HED CA AGREED TO EE FURksHEO BY CLAMANT The labor and materials were furnished to or for the following party: Summit Contracting, Web Wiley Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ 10, 520.61 The value of the labor and materials furnished to date is: ............................................................ $ 10,520.61 Claimant has been paid the sum of: ............................................................................................ $ 6,100.00 And there is due, owing and unpaid the sum of: ........................................................................ $ 4.420.61 You are required to set aside sufficient funds to satisfy this claim with interest, cou st and reason �bl� is of litigation, as provided by law. You are also notified that claimant claims an equitable lien f n tr It fu s for this project which are in your hands. FIRM NAME: HERITAGE ENGINEERING CONSTRUCTION,INey: (NAME OF STOP NOTICE CLAMANT) TOWN A BT TI AM M RE AND VEB6Y BELOW) VERIFICATION I, the undersigned, say: I am the President the claimant ('PRESMENT OF,' MANAGER OF.' A PARTNER WNER OF," �A ETC.1 named in the foregoing Stop Notice; 1 have read said Stop Notice and know contents ther ;the same is true of my own knowledge. I declare under penalty of perjury under the laws of the St of California that foregoing is true and correct. Executed on February 1 Calif _ (DATE THIS DOCUMENT WA ,G OF CITY AND STATE WHERE NOME SIGNED) ies Sent To: Mayor _ AL SIGNATURE — L, O _ WEARING THAT THE C014TENTS OF STOP NOTICE ARE TRUE) OF SERVICE ATTACHED MALUIllcy REQUEST FOR NOTICE OF ELECTION LIAJ (Private Works Only) R (Per California Civil Code Section 3159, 3161, or 31611 If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in actor ante with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in — 9W- awclesed1weeddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed (CLAIMANT MUST ENCLOSE SEVdDDRESSED STAMPED ENVELOPE) WOLCOTTS FORM a94 - Rev. 3 -94 (price class 3AI STOP NOTICE ®1994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in as blanks, and make whatever changes are appropriate and necessary to your particulartransac tion. Consult a lawyer if you doubt SEE REVERSE SIDE FOR ADOMONAL INFORMATION. the form's fitness for your purpose and use. Wolcons makes no representation or warranty, express or implied, whh respect to the merchantability or fitness of this form for an intendetl use or purpose. 9 h6ME 5LL29 • 111111iiiiiiiiiiiiiir .asn pue asodond moA ool ssaulu s_wool awl lanop noA p oaAmel a Ilnsuoo - uoiPPsueA oeln3oUed moA OI ARSSa3au pue aleudozdde aie sa6ueu3 zanaleum a4ew pue 'Siuela 11P up pu It peal'u6is noA alolaa'IaAa MOH Dale3lpw platy awl w DalalvnO3ua suowenps IemdA1 awl ool papualw Si wool PROMS Siwl aomeu6a awl pue pau6is so 11 aleD awl wewo3 Isnw uone3wuan awl 'D11FA Ba 01 oanamOH OazuelOU ap of aneq IOU Sapp 11 eiwolin Io alels awl to smel awl oaDun Aonload to Alleuad oapun uoileoeUap a so sill U011MIuaA - 03 0Tsjoa,3 uosugoi pTS luewle10 to awet" (aweN uM0) d1HSd01318d08d 310S JZS; aaas Iuewie1010 aweN (aweN ssawsng snowPyl d1HS1301318d08d 3105 Ag TE�::,0a T3 UOSUCO; IUBwIFID 10 aweN dIHSd3N1HVd Ag •0u_ -CD TL;0Ts40aTA uosugop wewle101oaweN NollvdodrC:_ saiowexa 6wmouol awl of oalay u61s pinows waft DanIDglne up oo ssawsno awl to oaumo aw'aweu ssawsno snowil3w e oapun ssaufsna 6wop IOU Ito oaw7aum dnlsiOlaudood alos a $1 Iuetwep aul ll 'ufls pinogs waft pazuowlne o0 laullto e'digslauued e v IwewIF13 awl g u61s pinous lua6e pazuoglnp oo oa3110 ue'uoneooaoo3 a so luewie13 aul II aanleu6o$ WH03 SIHI ONIA31133A ONV 0NIN9IS 1303 SNoaonuISNI •sgof alenud io1 iaumo ue uo paAJas aollou doss a uo io sqof o!lgnd uo pannbai 1ou si puoq a -- sgof alenud uo iapual uo!lonilsuo,o[ ��e -uo paAlas ao!lou dols a Auedw000e Isnw W!elo ao!lou doss ag1 10 lunowe ago saw!1 ialienb quo pue a 301 pu Oq'y (tz) -sluawannbei ao!lou ayi gum pa!ldwo0 aneg noA legs vmeiia "tpn ar noA l! Aeuiolle ue llnsuoo os 'AIeA )loom alenud pue o!lgnd iol aonou Aieu!w!laid uo salna 'ai!s qeFaw o1 Splialew is �iom sags!uinl 1si!1 wew!elo agl lade sAep OZ 90!lou Aieu!wpaid a 10 6up!l ayi 6u!mopol Aluo pooh si aopou doss y (E; 'SLLE-9SLE §§ 9p03 l!A!� 'iaumo gi!m io spun; 6u!1eiisiumipe iapual uononilsuoo to goueiq io ao!llo le uosiad io iaoglo alq!suodsai gi!AA eo!lou does a apl 'qof alenud a uo (Z; 'tLZE-6LLE §§ 9p00l!A!O 'saalsnn 10 pieoq 'sip S!Aiadns 10 pieoq'Siaolll0 ' Seals Nl'sia6cum 'siauojs SIwwoo gllm JO 'loeilUOO awlid ayi iapun S1ua WAed ajew Ot s! i! Alnp asogm iao!llo 6u!sings!p o!lgnd iaglo io 'iolppne 'iapodiuoo ayi ql!m ao!iou dois a apl 'qof 0ggnd a u0 (L) N011VWtl0:JNI WN011100V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF SAN B1 I am employed in the county of San Bernardino, State of California. I am over 18 years of age and not a party to the within action. My business address is 11244 Pipeline Avenue, Pomona /Ontario, California 91766. On February 8, 1999, I served the foregoing document(s) described as STOP NOTICE, Legal Notice to Withhold Construction Funds, Certified Mail #Z 433 121 071 by placing a true copy thereof in sealed envelopes addressed as follows: Certified Mail #Z 433 121 071 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at San Bernardino, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mail affidavit. I declare under penalty of perjury that the foregoing is true and 1correct. Executed on February 8, 1999, at San Bernardino, California. Lynn A sman Fisher, Cathy From: Patapoff, Bill Sent: Monday, November 02, 1998 7:55 AM To: Fisher, Cathy Cc: Clauson, Robin Subject: RE: C -2931 Don't release the bonds. Many stop notices are outstanding. The bonding co. is working on them and I'm working with Robin on this. From: Fisher, Cathy Sent: Friday, October 30, 1998 9:55 AM To: Patapoff, Bill Subject: C -2931 On September 14th, the City Council authorized the City Clerk to file the Notice of Completion for the Birch Street Overcrossing, without the usual authorization to release the bonds. It was been 35 days since the Notice of Completion was recorded by the County. Do you know - should we release the bonds ?? Please provide us with the current status. Thank you! Page 1 IF 6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk Ci of Newport Beach 33 0 Newport Boulevard Newport Beach, CA 92663 Recorded in the my of Orange, California Gary L. Grano le, Clerk /Recorder 11111111111111111111111 No Fee 19980647351 2:01pm 09/25/98 005 14019726 14 23 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Heritage Engineering Construction, Inc. of Ontario, California, as Contractor, entered into a Contract on June 9, 1997. Said o r' Contract set forth certain improvements, as follows: Birch Street Overcrossing at Route 73, C -2931. Work on said Contract was completed on May 11, 1998, and was found to be acceptable on September 14, 1998, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on , n� /5 / >� at Newport Beach, California. Ila BY 4141 City Clerk c1m 0 E TO: Mayor and Members of the City Council FROM: Public Works Department (3a C_ _a 2'�31 September 14, 1998 CITY COUNCIL AGENDA ITEM NO. 6 SEP 14 i� SUBJECT: COMPLETION AND ACCEPTANCE TREE OVERCROSSING AT ROUTE 73 — CONTRACT NO. 2931 C aq 3 , RECOMMENDATIONS: 6k - v O I 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Direct staff to coordinate all outstanding stop notices with the Contractor's bonding company and resolve according to State law. 4. Authorize a budget amendment to appropriate funds in the amount of $45,207.00 from the Circulation and Transportation fund (Fund 260) to account number 7261 - 05100065, Birch Street Bridge. DISCUSSION: On June 9, 1997, the City Council authorized the award of the Birch Street Overcrossing at Route 73 contract to Heritage Engineering Construction, Inc. of Ontario, California. The contract provided for the widening of the existing bridge to accommodate two additional left turn lanes and a third right turn lane, from Birch to North Bristol and the widening of Birch Street north of the bridge to accommodate the bridge widening. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,438,686.06 Actual amount of bid items constructed: 1,535,675.61 Total amount of change orders: 55,496.97 Final contract cost: $1,591,172.58 The increase in the amount of actual bid items constructed over the original bid amount resulted from adjustments to bid item quantities such as additional barrier railing, aggregate base, asphalt concrete, roadway excavation, and concrete work. The final • overall construction cost including change orders was 10.6% over the original bid amount. • SUBJECT: Completion and Acceptance of Birch Street —Contract No. 2931 September 14, 1998 Page 2 • The following major change orders were issued to complete the project: One change order for $4,500.00 included private property improvements such as a planter, sign foundation and sidewalk at 3636 Birch Street as agreed upon during the rightof way acquisition phase. Another change order for $3,641.50 included grinding and an asphalt overlay of the east side of Birch Street in an area where the pavement was badly deteriorated. The major change order for $30,434.39 included an extension of sewer force main across Birch Street for the Costa Mesa Sanitary District. This will be reimbursed from the Orange County Development Agency. Another change order for $3,365.00 included painting a stamped concrete driveway at 3737 Birch Street in order for the entire driveway to look uniform. The final major change order for $4,435.90 included replacing the right of way fence along north Bristol Street. All work was completed by the project completion date of May 11, 1998. Funds for the construction contract were appropriated as follows: ACCOUNT TITLE ACCOUNT NUMBER CONTRACT, PLUS/ CONTINGENCY ACTUAL COSTS Measure M Competitive/ GMA #8 7284- C5100065 $1,325,640.00 $1,325,640.00 CIOSA — Loan 7432- C5100065 128,046.06 99,620.06 Contribution - OCDA 7251- C5100065 125,000.00 120,706.29 New appropriation from Circulation & Transportation fund 45,206.23 TOTAL $1,578,686.06 $1,591,172.58 The additional construction costs were primarily attributable to the increase in bid quantities. Funds needed to be retained for the completed contract are as follows: Final construction costs: Amount paid to contractor to date: Amount due to contractor: Amount currently retained by City: Amount to be appropriated f:\groups\pub works \council\fy98-99\sept- 14\birch o-2931.doc $1,591,172.58 1,320,039.10 271,133.48 225,927.25 $45,206.23 u 0 0 SUBJECT: Completion and Acceptance of Birch Street — Contract No. 2931 September 14, 1998 Page 3 Staff recommends a budget amendment to appropriate funds in the amount of $45,207.00 from the Circulation and Transportation fund (Fund 260) to account number 7261- C5100065, Birch Street Bridge. Although Heritage Engineering Construction, Inc. (HEC) completed all the work, many of their subcontractors were not paid by HEC. The City has received numerous stop notices amounting to over $378,000.00 to date. In order to resolve all the stop notice claims, the City must work with HEC's surety. Staff has contacted the bonding company and they are awaiting acceptance of the work by the City Council and the filing of the Notice of Completion. Respectfully submitted, Public Works Department • Don Webb, Director By: William Pata E. City Engineer Attachment: Budget Amendment CJ f:\ groups\ pubworksV coundgfy9&99lsept- 141birch o-2931.doc (Vy of Newport Beachq BUDGET AMENDMENT 1998 -99 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations AMU X Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 009E AMOUNT: $45,207.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate $45,207 from unappropriated fund balance in the Circulation & Transportation Fund in connection with the construction of the Birch Street Bridge. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE EWW Account Circulation & Trans 261 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Description Division Account Number Number Description Division Number 7261 Circulation and Transportation Cap. Projects Account Number C5100065 Birch Street Bridge Division Number Account Number Division Number Account Number Division Number Account Number Division Account Number Number Signed: Signed: Amount Debit Credit $45,207.00 • Automatic $45,207.00 Z Date Z Date Signed: City Council Approval: City Clerk Date • 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 15,1998 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 (714) 6443005 RE: Notice of Completion for Bayside Drive Park Renovations (C -3149) Notice of Completion for Lido Isle Sewer Force Main Replacement (C -3183) Notice of Completion for Birch Street Overcrossing at Route 7*C -2931) Resolution No. 98 -64 Please record the enclosed documents and return it to the City Clerk's Office. Thank you. Sincerely, :, ff r' I LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport ,Beach, California, 92663, as Owner, and Heritage Engineering Construction, Inc. of Ontario, California, as Contractor, entered into a Contract on June 9, 1997. Said Contract set forth certain improvements, as follows: Birch Street Overcrossing at Route 73, C -2931. Work on said Contract was completed on May 11, 1998, and was found to be acceptable on September 14, 1998, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on _ , � /5 , at Newport Beach, California. BY ✓1 �G��Y1L ��2 4 d �ae�'a+o City Clerk m C of Newport Beach • NO. BA- 009 BUDGET AMENDMENT 1998 -99 AMOUNT: S4s,zo7.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effectors Budgetary Fund Balance from existing budget appropriations from additional estimated revenues [0 1 L j X from unappropriated fund balance 1 EXPLANATION: ; AnpRr17r) I This budget amendment is requested to provide for the following: To appropriate $45,207 from unappropriated fund balance in the Circulation & Transportation Fund in connection with the construction of the Birch Street Bridge. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Eund Account Description Circulation & Trans 261 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $45,207.00 ' $45,207.00 Date Date ?ev Date Description Division Number 7261 Circulation and Transportation Cap. Projects Account Number C5100065 Birch Street Bridge Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $45,207.00 ' $45,207.00 Date Date ?ev Date AMENDMENT NO. 1 CONSULTANT AGREEMENT BIRCH STREET OVERCROSSING AT STATE ROUTE 73 CONTRACT NO. C -2931 THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this day of ,1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and CRSS Constructors, Inc., whose address is 2500 Michelson Drive, Suite 100, Irvine, CA 92715 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. On June 28, 1997, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. AGREEMENT provided for a Scope of Services that contemplated completion of work by March 18, 1998, and compensation in the amount of $224,360.00. C. Due to utility delays and time extensions for inclement weather, the revised completion date is May 6, 1998. D. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the additional services set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 2. Consultant shall be compensated for additional services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ". The maximum fee for additional services shall not exceed $47,304.00. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY a ML go APPROVED AS TO FORM: USA— City Attorney CONSULT NT BY: sivo C SS onstructors, Inc. ATTEST: EVAN City Clerk f:\ groups \pubworks \birch- st \crssgmd 1. d oc ♦� r Constructors A Jacobs Company 20 March 1998 Exh161. -At, 67 Marla Matlove, P.E. Senior Civil Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 Reference: BIRCH STREET OVERCROSSING AT STATE ROUTE 73 Contract No. C -2931 Subject: CONSTRUCTION SERVICES AMENDMENT Dear Marla, As discussed, we are in agreement to amend our contract according to the following: 1. Extend Roger Russell by 23 days. The 23 days is 12 days for CCO No. 12 extension, 4 days for required work prior to the first working day, 4 days for work on CCO No. 16, 2 days for materials testing and 1 day for the holiday on 2/16/98. 2. Extend Greg McMurtrey by 45 days. The 45 days is 12 days for CCO No. 12 extension, 23 rain days, 4 days for required work prior to the first working day, 1 day for the holiday on 2/16/98 and 5 days for closeout. 3. Extend the pickup by 2 months or $2,000.00. 4. Extend communications by 2 months or $400.00. S. ASL Surveying re -stake fees paid on CCO No. 9 by the Contractor or $1,800.00. The above yields the following: Labor: Rate Days Total Roger Russell: $66.00 23 $12,144.00 Greg McMurtrey: $86.00 45 $30,960.00 Other Direct Costs: $4,200.00 $47,304.00 An amendment for the above should ensure we are able to properly complete the contract. Thank you for your attention to this matter. If you require further information or have any questions, please call me at (714) 553 -0645. Sincerely, C SS Cons tmc[ors, I Greg Mc urtrey, P.E. Project Manager cc: Michael Perez, P.E. File'. 3.1.1 CRSS Constructors, Inc. 2082 S.E. Bristol St., Ste, 2 Newport Beach, CA 92660 714 -553 -0645 714 -553 -9795 Fax • _. --: .l'c` gat r._ =J. BEACH ',°R27 Ar'PROVED _ TO: MAYOR AND MEMBERS OF THE CITY FROM: PUBLIC WORKS DEPARTMENT J (3i) /(q April 27, 1998 CITY COUNCIL AGENDA ITEM NO. 16 �OUNCIL SUBJECT: BIRCH STREET OVERCROSSING AT SR 73, CONTRACT NO. 2931 RECOMMENDATIONS: 1. Approve a contract amendment to the existing consultant agreement with CRSS Constructors, Inc. in the amount of $47,304.00 for additional construction management services and authorize the Mayor and City Clerk to execute the contract amendment. 2. Authorize a budget amendment to appropriate $47,304.00 from the Circulation and Transportation Fund to the Birch Street Bridge project account (7261 - 05100065). BACKGROUND: On June 9, 1997, City Council approved a professional services agreement with CRSS Constructors, Inc., of Irvine, California, for construction management, inspection, surveying, and materials testing for the Birch Street Overcrossing at SR 73 project. The approved contract amount was $224,360.00. The construction contract specified a construction duration of 150 working days, and the anticipated construction completion date for the project was March 18, 1998. The professional services agreement provided for services for this construction duration. DISCUSSION: Due to utility relocation and weather delays, the construction contract duration of 150 working days has been extended by 35 working days for a total of 185 working days, with a revised completion date of May 6, 1998. CRSS Constructors, Inc. has submitted a proposal for providing professional services for the completion of the contract in the amount of $47,304, which would bring the total amount of the agreement to $271,664.00. These additional costs have been • negotiated by staff and are reasonable and necessary for the completion of the project. The contract amendment amount is 21.0% of the original agreement amount, while the construction duration has increased by 23.3 %. SUBJECT: BIRCH STREPOVERCROSSING AT STATE ROUTE 73, COPPRACT NO. 2931 April 27, 1998 Page 2 CRSS Constructors' performance has been excellent throughout the contract, and they have been especially diligent in negotiating with the Contractor to reduce change order costs and limit time extensions. In addition, CRSS has been proactive in addressing the needs of the impacted property owners and businesses. A complimentary letter from GDI, one of the property owners within the project limits, is attached. In addition, CRSS has worked overtime when construction situations warranted at no cost to the City, and had their construction inspector certified to perform materials testing (again, at no cost to the City) to mitigate additional testing costs. CRSS has also been very helpful in reviewing shop drawings and coordinating design clarifications with the assistance of staff, resulting in greatly reducing the need for the services of the design engineer during construction. In order to proceed with the contract amendment an additional appropriation is needed. Therefore, staff recommends a budget amendment to appropriate $47,304.00 from the Circulation and Transportation Fund to the Birch Street Bridge project account (7261 - 05100065). Respectfully submitted, L W,c PUBLIC WORKS DEPARTMENT Don Webb, Director by: , � «- Marl Matlove Doyle, .E. Senior Civil Engineer Attachments: Amendment No. 1 to Consultant Agreement (Contract No. 2931) GDI letter dated March 9, 1998 \ \dp\sys \groups\pubworks\ council \98 \apr- 27 \crssame ndme nt. doc 0 • AMENDMENT NO. 1 CONSULTANT AGREEMENT BIRCH STREET OVERCROSSING AT STATE ROUTE 73 CONTRACT NO. C -2931 THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this day of 1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and CRSS Constructors, Inc., whose address is 2500 Michelson Drive, Suite 100, Irvine, CA 92715 (hereinafter referred to as "CONSULTANT') is made with reference to the following: RECITALS: A. On June 28, 1997, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. AGREEMENT provided for a Scope of Services that contemplated completion of work by March 18, 1998, and compensation in the amount of $224,360.00. C. Due to utility delays and time extensions for inclement weather, the revised completion date is May 6, 1998. D. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the additional services set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. . 2. Consultant shall be compensated for additional services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ". The maximum fee for additional services shall not exceed $47,304.00. • 0 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, a Municipal Corporation M APPROVED AS TO FORM: City Attorney Mayor CONSULTANT W ATTEST: City Clerk CRSS Constructors, Inc. 0 f:\ groups \pubworks \birch- st \crssgmdl .doc • GDI 3737 birch Street Suite 200 March 9, 1998 Newport Reach, California 92660 Telephone (7 14) 851-200' - Facsimile (714) 851 -9875 Mr. Bill Patapoff, P.E. City Engineer City of Newport Beach 3300 Newport Beach, Newport Beach, CA 92663 -3884 Dear Mr. Patapoff: I am the Executive Administrator at Garg Data International located at 3737 Birch Street in Newport Beach. Birch Street is directly in front of our building and is currently undergoing street widening. The three individuals that I have been working with are: Greg McMurtrey, PE, Roger Russell and Marla Matlove. I have found all three to be most cooperative and sensitive to our needs as a business. As an example of this, about three weeks ago on a very rainy Friday, the entire section of Birch in front of our building was under approximately one foot of water. Our "small" gravel driveway was no where to be seen. 1 made an emergency phone call via Marla to Greg or Roger and they "came running." They came out immediately and did what they could while the rain was coming down and then later when the rain slowed, they re- poured a new gravel driveway for us! This is just one example of the kind of "quality" job this team is doing. I believe that when someone does a "good job" it should not go unrewarded. I have spoken to my CEO and shared my thoughts so he is aware of the commitment of your staff also. On behalf of Garg Data International, we thank you and your dedicated staff. In this day and age it is such a pleasure to be the beneficiary of such good customer service. Sincerely, Mane J. Witkay Executive Administrator cc: Michael Perez, CRSS Constructors . Greg McMurtrey, PE Roger Russell Marla Matlove Cty of Newport Bead NO. BA- 065 BUDGET AMENDMENT 1997 -98 AMOUNT: $a7,3oa.00 _.=FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance PYCI nNnTtnN- This budget amendment is requested to provide for the following: To amend and execute an existing consultant agreement with CRSS Constructors, Inc. for additional construction management services. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 260 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) • Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7261 Transportation and Circulation Account Number C5100065 Birch St. Bridge Widening $47,304.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: AL C/i It- Fi ancial Q oval: Finance Director Date Signed: A n' rative A rov City Manager Date ned: • City Council Approval: City Clerk Date CITY OF NEWPORT BEACH Public Works Department 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 (714) 644 -3311 DATE: June 10, 1997 TO: Michael Perez, P.E. CRSS Constructors '2500 Michelson Drive, Suite 100 Irvine, CA 92715 FROM: Marla Matlove Senior Civil Engineer SUBJECT: Birch Street Widening and Overpass at SR -73, Contract No. 2931 We are transmitting the following: No. Copies Description 1 Original Consultant Agreement Remarks: For signature and return. If you have any questions, please call me at 714/644- 3322. 0 Marla L. Matlove, P.E. Senior Civil Engineer Enclosure f: \ groups \pubworks\birch- st \crssO1.doc CONSULTANT AGREEMENT 0 THIS AGREEMENT, entered into this U day of June 1997, by and between City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and CRSS Constructors, Inc., whose address is 2500 Michelson Drive, Suite 100, Irvine, CA, 92715, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. The principal members of Consultant are Greg McMurtey and Roger Russell. C. City desires to engage Consultant to provide construction management, inspection and testing service for the Birch Street overcrossing (SR 73), widening project upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: -1- 0 1. TERM 0 The Term of this Agreement shall commence on the 9 day of June 1997, and shall terminate on the i day of June , 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. Compensation shall not exceed $224,360. 4. STANDARD OF CARE A. All of the work shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any negligent errors or omissions in the -2- 6 0 0 execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. B. Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. C. The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of and shall not be responsible for the project's design, the City's project contractor (hereinafter referred to as "contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole -3- 7 5. responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or missions of the City, Design Engineer, Contractor, subcontractors, or their Agents or employees, or of any other persons performing portions of the work. City retains Consultant on an independent contractor basis and Consultant is not an employee of the City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. NEW 1 c 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Greg McMurtey to be its Project Manager. 8. TIME OF PERFORMANCE The task to be performed by Consultant under and pursuant to this Agreement shall be completed within the time specified in Section 1 of this Agreement. Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. -5- 0 0 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been , scheduled or are desired. 12. HOLD HARMLESS Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the Consultant's performance of services or work to be conducted or performed pursuant to this Agreement. City agrees to indemnify, defend, save and hold harmless Consultant, its ' officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and IM 0 court costs arising from any and all negligent actions of City, its employees, agents or subcontracts in the City's performance of services or work to be conducted or performed pursuant to this Agreement. Without limiting the City's rights to indemnity or other remedies under this Agreement, the City agrees Consultant shall not be liable for any form of special, indirect or consequential damages, which may be incurred by City, including, without limitation damages for economic loss, such as business interruption or loss of profits, however the same may be caused, including, without limitation, breach of contract, tort, strict liability or otherwise. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Consultant shall provide certificates in form acceptable to City which certifies coverage and shall be signed by a person authorized by that insurer to bind coverage on its behalf all certificates must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers' compensation and professional errors and omissions insurance, all insurance policies shall name as additional insured the City, its selected officials, officers and employees for all liability arising from Consultant's negligent acts subject to its policy limits. -7- P 0 9 Prior to the commencement of any services hereunder, Consultant shall provide to city certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class A VI or better carriers: A. Worker's compensation insurance covering all employees and principals of the Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of $1 million dollars ($1,000,000). Consultant's liability for errors and omissions for services to be performed under s:E 9 this contract shall be limited in the aggregate amount of $1 million dollars ($1,000,000). If approved by City Risk Manager Consultant may provide a letter of self insurance in lieu of professional errors and omissions insurance. All policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant and City hereby grants each other, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of Consultant and City may acquire against each other by virtue of the payment of any loss under such insurance. f� 2 • 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement, except for transfers or assignments to an affiliated existing parent or subsidiary entity. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduces, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. (/ i 0 0 No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base, maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City Engineer or his /her designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. -11- I L invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 25. TEN PERCENT (10 %) WITHHOLDING City may withhold an amount equivalent to ten percent (10 %) of the total compensation provided herein, to be released to Consultant upon final adoption of the study by the Mayor and City Council. The City reserves the right to refuse to pay all -13- 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B ". All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each -12- ii�. 0 0 billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed and adopted as specified above. 26. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 28. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. -14- B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 29. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 30. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 Attention: City Engineer -15- ,.:, 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Robert J. Close, P.E. CRSS Constructors, Inc. 2500 Michelson Drive Suite 100 Irvine, CA, 92612 31. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination, along with reasonable termination /demolization costs not to exceed $500.00. -16- 32. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 33. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 34. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 35. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. -17- f • i IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: �__ _ i �4 1i[:E CITY OF NEWPORT BEACH A Municipal Corporation By: CONSULTANT By: V, � eX 1, 4 Warren Nan, CEO By Sy Exter, Senior Vice President fAcat\debbie\ag\crss. doc 05-20 -s7 WIN 0 EXHIBIT "A" 01 The Construction Management (CM) services for the Birch Street Project shall include, but not necessarily be limited to, the following items: 1. Guarantee the CM project team, as described in the April 7, 1997, CRSS letter, to provide consultant management services during the 7 month construction period. 2. Furnish a construction field office with furniture, communication facilities, computers, etc. as needed to support the scope of services to be performed. An unfurnished office trailer or unfurnished office space, with telephone and electric service and chemical toilets, will be provided by the construction contractor. 3. Review the project plans, specifications, and cost estimates (PS &E). 4. Attend the pre -bid meeting(s). The meeting will be conducted by a City Public Works Department staff representative. 5. Arrange and schedule partnering conferences. CRSS shall provide an approved facilitator as described in the April 7, 1997 CRSS letter. 6. Arrange, schedule and conduct the pre - construction meeting(s). 7. Record by video and photography all surface improvements, both public and private within the project limits, particularly those portions of the properties on Birch Street northerly of Bristol Street North, which are impacted by the project. The purpose of the video log is to have an accurate record of the state of the improvements prior to construction. 8. Review, process, and approve the contractor's construction schedule of work, traffic control and construction staging plans and shop drawing submittals. Implement a system for tracking, organizing, filing and managing correspondence, including letters, requests for information, submittals, contracts, reports, manuals, progress payments, change orders, etc. Notify City and contractor of actual or potential deviation from schedule. Proactively work with project team (Public Works staff, project consultants, contractor) to identify possible schedule set -backs and correct non - compliance with schedule. 9. Furnish any special inspection as required by Caltrans, materials testing, and construction surveying services, in addition to the resident engineer (RE) and construction inspection services typically furnished in a CM contract. Provide these items as separate tasks /costs. 0 9 10. Coordinate the City's construction project(s) with other agency concurrent contracts, specifically: a. County of Orange Birch -Mesa project. Construction is anticipated to begin June 1997. The CM scope of services should include an item for providing inspection services relative to the encroachment permit issued by the City to the County for the work within City limits. b. Orange County Water District Green Acres project. Construction is anticipated to begin April 1997. C. Costa Mesa Sanitary District sewer pump station and force main project. Construction is anticipated to begin at some point during the City's project. This item includes scheduling and conducting periodic meetings with these agency representatives and their contractors to coordinate traffic control, construction interface and identify potential conflicts. 11. Observe and document all aspects of project including construction, documentation, and job site safety for compliance with contract documents. Notify contractor when work is not in compliance. Prepare daily inspection reports. Provide photographic and video documentation of construction process. 12. Coordinate with all utility agencies who have facilities (overhead and underground) within and /or adjacent to the project limits. Notify utility agencies in advance of construction in the vicinity of their facilities. 13. Coordinate with all owners (or managers) of properties impacted by the widening project, with particular concern to those properties with only one driveway for ingress and egress. Review and approve contractor's plan(s) to provide temporary ingress and egress during construction. Meet with property owners /managers on an on -going basis to coordinate construction on their properties and resolve any conflicts. 14. Provide on -going public relations activities with surrounding property owners, businesses, Caltrans, EMA, and the local news media. These activities include meetings, flyers, letters, press releases and a public "hotline ". 15. Interpret the contract documents or request the design consultant to interpret the contract documents, or request clarifications, details, etc. pertaining to the plans. 16. Conduct regular weekly construction meetings with the contractor, maintain detailed minutes, and provide a monthly progress report to the City. 17. Coordinate inspections by Caltrans oversight personnel and provide monthly progress reports to Caltrans and City. 18. Coordinate inspections by Costa Mesa Sanitary District personnel for the sewer force main installation included in the project plans. 19. Issue plan revisions and assure that the contractor maintains a detailed record of "as- built" revisions. 20. Review contractors' payment requests. Verify pay items. Recommend payment and prepare payment documentation for processing by City. 21. Review CO's requests for merit. Negotiate contract change orders (CO) for City review and approval. Prepare independent cost estimate. Apprise City of cumulative impact of CO's. 22. Meet with City representatives and conduct public meetings as necessary. 23. Develop a "punch list" at the conclusion of construction. 24. Provide other items of work that you view as beneficial to the project. 25. Provide cost savings measures for the City's consideration. 26. Both the bridge widening and the street widening are in one contract and are included in the scope of services. The City will be responsible for: 1. Advertising and awarding the project. 2. Providing contract documents. 3. Approving all progress payments and change orders. � EXNI51T "g., • Fee Estimate for Construction Management Services Birch Street Bridge and Street Widening City of Newport Beach CONSTRUCTION MANAGEMENT Proj. Resident Civil Materials Elec. CLASSIFICATION: Principal Engineer Inspector Testor Inspector Scheduler Clerical RATE: $100 $86 $66 $66 $50 $55 $35 TOTAL Task No. Description HRS HRS HRS HRS HRS HRS HRS $ 1 Const.Revew 0 4 4 0 0 0 0 $608 2 Bidding Phase 0 8 0 0 0 0 4 $828 3 Partnering 0 16 8 0 0 0 0 $1,904 4 Mgmt & Meetings 0 70 16 0 0 0 16 $7,636 5 Const.Field Activities 0 920 736 0 80 0 0 $131,696 6 Office Activities 0 124 64 0 0 8 360 $27,928 7 Materials Testing 0 0 0 212 0 0 0 $13,992 8 Birch -Mesa Project CM 0 0 0 0 0 0 0 $0 9 Closeout Activities 0 40 0 8 0 0 40 $5,368 Total Labor 0 1182 828 220 80 6 420 $189,960 TOTAL HOURS 2738 ODC: Partnering (facilities & supplies only) $ 500 Office Equipment & Supplies $ 1,200 Computers $ 3,500 Testing Supplies & Special Services $ 2,000 Vehicles $ 7,000 Safety Equipment $ 1,000 Communications (Radios, Pagers, etc.) $ 2,500 Misc. (film, videos, mail, etc.) $ 500 TOTAL ODC $18,200 SUB- CONSULTANT(Surveyng) -i $16,200 Total labor plus expenses $224,360 TOTAL PROJECT FEE $224,360 August 11, 1997 AUG 1 1 097 CITY COUNCIL AGENDA ITEM NO. S21 • TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BIRCH STREET OVERCROSSING AT STATE ROUTE 73 (CORONA DEL MAR FREEWAY - SAN JOAQUIN HILLS TOLLWAY) CONTRACT NO. 2931 RECOMMENDATION: Adopt the following findings of public necessity to allow the prime contractor for this project, Heritage Engineering Construction, Inc., to designate F.J. Johnson, Inc. as lighting, sign illumination, and traffic signal subcontractor; Alcorn Fence as chain link railing subcontractor, Marina Landscape as landscape and irrigation subcontractor, and Orange County Striping as traffic striping subcontractor, and determine that Heritage Engineering Construction, Inc. should of necessity be permitted to designate F. J. Johnson Inc., Alcorn Fence, Marina Landscape, and Orange County Striping as subcontractors without penalty. FINDINGS: 1. The prime contractor, Heritage Engineering Construction, Inc., has been awarded Contract No. 2931 as the lowest responsible bidder. • 2. The project requires that lighting, sign illumination, traffic signals, chain link railing, landscape and irrigation, and traffic striping be installed as integral elements of the project. 3. The lighting, sign illumination, traffic signals, chain link railing, landscape and irrigation, and traffic striping require specialized equipment, facilities and expertise to complete. 4. Heritage Engineering Construction, Inc. does not have the specialized equipment, facilities or expertise to provide these items of work. 5. There is a public necessity to allow Heritage Engineering Construction, Inc., as prime contractor, to add F.J. Johnson, Inc., Alcorn Fence, Marina Landscape, and Orange County Striping as subcontractors to provide the work as described in the above recommendation. 6. No penalty should be imposed. DISCUSSION: On May 23, 1997, the City Clerk opened and read three bids to construct this project. The contract was subsequently awarded to the low bidder, Heritage Engineering Construction, Inc., at the June 9, 1997 City Council meeting. State law requires that prime contractors shall designate their subcontractors (firms that will perform work in an amount in excess of one half of one percent of the award amount, which is approximately $7,200 on this project), in their bid documents. Heritage failed to list four of their intended subcontracting firms in their DESIGNATION OF SUBCONTRACTOR(S) form due to a • computer failure at the time of bid Heritage notified the City of the computer failure and provided an accurate list of subcontractors within hours of the bid opening, and subsequently requested in writing addition of those SUBJECT: BIRCH STREOVERCROSSING AT STATE ROUTE 73 (COMNA DEL MAR FREEWAY - SAN JOAQUIN HILLS TOLLWAY) CONTRACT NO. 2931 August 11, 1997 Page 2 • subcontractors since Heritage does not have the expertise to perform the type of work involved. The work involved in these four subcontracts will cost $181,190.00. The State's Public Contract Code provides that a prime contractor may designate a subcontractor after the original bid only after a finding reduced to writing as a public record of the awarding authority setting forth the facts constituting a public emergency or necessity. Moreover, the Code states that the awarding authority may exercise the option, in its own discretion, of assessing the prime contractor a penalty for violations of the provisions of subcontract law in an amount of not more than 10 percent of the amount of the subcontract involved. The intent of State law requiring that prime contractors designate subcontractors in their bid submittal is to protect the integrity of the construction industry and the public bidding process by eliminating the possibility that a low bid prime contractor would "bid shop" for subcontractors after bid had been opened. Construction of the Birch Street Overcrossing at State Route 73 requires that lighting, sign illumination, traffic signals, chain link railing, landscape and irrigation, and traffic striping be installed as integral elements of the project. Heritage Engineering Construction, Inc. does not have the specialized equipment, facilities, and expertise to provide these items of work. There is a public necessity to complete the construction of the Birch Street Overcrossing project in a timely period that precludes rebidding the contract, and it is in the best public interest to allow • Heritage, as prime contractor, to add F.J. Johnson, Inc., Alcorn Fence, Marina Landscape, and Orange County Striping as subcontractors to provide the required items of work for the project. Heritage has indicated that the four subcontractors were inadvertently left off of the subcontractor list due to a computer failure, and there is no indication that this omission was anything other than a mistake in preparing a very complex bid. In the absence of any factors that would indicate irregularities in the bidding process related to designating sub contractors, it is recommended that no penalty be assessed. The findings recommended for adoption are supported by the information in this report. Respectfully submitted, by: DEPARTMENT J UWl I Uri_ -� Marla Matlove, P.E. Senior Civil Engineer Attachments: Heritage letters of May 23, 1997, May 30, 1997, August 4, 1997 • HERITAGE ENGINEERING CONSTRUCTION, INC. GENERAL ENGINEERING & BUILDING CONTRACTORS CONTRACTORS LICENSE NO. A & B 595284 • POST OFFICE BOX 850, ONTARIO, CALIFORNIA 91762 (909)397 -4000 FAX(909)865 -2098 _ �` -, r_ b May 23, 1997 MAY 2 8 JW t.,C City of Newport Beach _.:_ t;.. �:: Department of Public Works 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Calif. 92659 -1768 Attention: Mr. William Patapof£ City Engineer Reference: Birch Street Overcrossing at State Route 73, Contract No. C -2931 Bided May 23, 1997, at 11:00 am Dear Mr. Patapoff, Please be advised that during the process of closing out the above reference bid, our computer • system malfunctioned while in the process of retrieving the selected low subcontractors. As result of this and due to the timing of the computer failure, we were prevented from listing all of the subcontractors that were intended to be listed and used on this project. The following are the subcontractors that were listed and/or intended to be listed and used on this project: Subcontractor Work and Bid Item D /M /WBE Contract Value Vista Steel Reinforcing Steel - Schedule A, No. 31, 36, 48, and 52 Yes T-85,787.00 ACL Construction Barrier Rail (form, pour, and finish) Schedule A, No. 52 Yes 10,912.00 Avar Construction Post Tensioning - Schedule A, Yes 32,800.00 CalMex Engineering Asphalt Paving - Schedule A, No. 27, Schedule B, No. 20` Yes 49,906.00' • CalMex's items of work was inadvertently listed as No. 16, 20, 26, 27, 15, 18,19 1 CalMex's contract value was inadvertently listed as $180,848.45. 0 F.J. Johnson, Inc. Lighting, Sign Illumination, Signal - Schedule A, No. 58 & 59, Schedule B, No. 31 & 32 No Alcorn Fence Chain Link Railing - Schedule A No. 51 No Marina Landscape Transplant trees, irrigation system, extend conduit - Schedule A, No. 23, 24, and 25 No 0 Total Total DBE 110,878.00 27,306.00 16,500.00 $334,089.00 $179,405.00 (12.5 %) The schedule of values for Schedules A and B, and the total bid amount submitted, will remain unchanged. In an attempt to get the system back on line, Heritage Engineering Construction, Inc. ( "HEC ") nearly failed to submit their bid by the 11:00 am deadline. Due to the apparent computer system failure experienced by HEC at the closing of the bid, HEC request that the City of Newport Beach accept HEC's bid. Should you have any comments or questions, please feel free to contact me. Sincerely, Heritage Engineering Construction, Inc., Cruz R. Borrero, Vice President File: NPB- Ol.doc P.n. ROX RSA ONTAR1n. CA Q17A1 /QnON ao7_AAnn cAv mnm occ'nno r1 U 02,97 HEIkITAGE.EN GENERAL UP- A & B 595154 POSMUFF 0:� 0 CALEIORNIA P)B 2098 Its 11742' GI Ii' Ott Beach 1; Z. Newport 131vd. IWt Robert 1 Btiriiloi4 pity 7:25 No.001 P-02 TM 71'r. o. t Me cat 0 "d Ov WOW.Buiahimj &S le,16,13 in response 6 you i,Md'y 28,1907 correspondenm rt It amars that you are 41O.."k JO tike I Qo Code; witil dw 4t4omderstood that the City. wojiM'p't'o'6.eiedj�R piQoWi be 'J11p.of th�.Nbflc Contracts should IMT. wishes to- have IWO 410y,"'iftcontrWor n . 6t, S"floa,4110oftboPublic Contracts Code states fhe awarding outiibrtt di ik i ld the option, in its own dismtion the p"fim,"e, contractor, it i5 ilope that a uty;Would consider a are 14 bawcon the Ciry) 46 -benBftior bf 33a6l.4 4 wn the pIa* -bid) and that The omisaidn - 6f, c,Wft i4�hdontractors in'' not a deliberate act on the part 0PEiEC, but-",,,!16 result QfGoM=a not bO d6hwtod due, 1W tho the "4141&iderit occurred;`:: PlaUe be reminded that HBO' u6iOW die, Ntypn-thq same day of di .encounter d. during the Ridding: .,,*pps: lowNch ;prevented 1jad," subcontractor they inteided'to. US' l' `j uO 41 : 6*0.room The purp*i t A* ahx' $Siboontmfins Fait Pmcdow: kbillohs iw, Is' io prevent a IW g around" of subcoji ':pR*VHA`Wbuld Orobithly td" 4e NTINC. Its 11742' GI Ii' 1; Z. TM 71'r. o. t Me cat 0 "d Ov WOW.Buiahimj &S le,16,13 in response 6 you i,Md'y 28,1907 correspondenm rt It amars that you are 41O.."k JO tike I Qo Code; witil dw 4t4omderstood that the City. wojiM'p't'o'6.eiedj�R piQoWi be 'J11p.of th�.Nbflc Contracts should IMT. wishes to- have IWO 410y,"'iftcontrWor n . 6t, S"floa,4110oftboPublic Contracts Code states fhe awarding outiibrtt di ik i ld the option, in its own dismtion the p"fim,"e, contractor, it i5 ilope that a uty;Would consider a are 14 bawcon the Ciry) 46 -benBftior bf 33a6l.4 4 wn the pIa* -bid) and that The omisaidn - 6f, c,Wft i4�hdontractors in'' not a deliberate act on the part 0PEiEC, but-",,,!16 result QfGoM=a not bO d6hwtod due, 1W tho the "4141&iderit occurred;`:: PlaUe be reminded that HBO' u6iOW die, Ntypn-thq same day of di .encounter d. during the Ridding: .,,*pps: lowNch ;prevented 1jad," subcontractor they inteided'to. US' l' `j uO 41 : 6*0.room The purp*i t A* ahx' $Siboontmfins Fait Pmcdow: kbillohs iw, Is' io prevent a IW g around" of subcoji ':pR*VHA`Wbuld Orobithly td" 4e GI Ii' am R 491,tt .,*,. : 11 elf HERITAGE TEL ;1 - 714 - 865 -209$ Jun 02:57 7 ;25 Na.001 P.63 iEC is looking forward' tolie.`�wal ¢P' tha refercnaed ! 6ptttr�i0t : iipd:'' ih' ' ; , ,•.''.,�: 1` " cbataepc l�nientofihnaooeir�5fl��f' It :�: ;:'.: . ' •t•: a t :.i'',.)d `rly 4. '.: •:r:5,• 1:l.+i ;; {' . I r } any additf'onat orriTa�'roo, i1lx{§e`feel fret to y�o�uL i coafiatcY'e3th`ei' yaGXApr •1 �r�c,wire (}S,hou�l�d • 'tl.�a ;;' i.. :+.l::iji::." - k�i :.: :ji:; {i l: :. .:...:.t•F. i�•jys::•r.: ..;:u. : ;s�+uP.'Ciat''dbadlan. .T .-ii ;:[r1 -• +ri- vrrylr' 'It lit t l'. :.,4 ii �v�.f'.I...,�' 'llt,�:'l�•,i� ,:p;ii,:;•.;r.: +(.f.• ;a }i:•,•� - .:q(:u�%�•,', ., '�J{:,i'.it. :.l I :I ',j '• • . . t.� Sitt�6relyj • "ytiz; +.: ,. j.. +e..•W1e t: +'TH�: ..i S�-1 i{I (r:i't; y. .i,. '.i � 1•t't i'-••�.,•. 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' ::.: .li, r {'�,��u•::, .. r.l W'y'(_i': , .:rte. .r:a. •t' (s.. ..j <�.•,.: _ ;�r�i� 1. gLF�i.n :r•I; '; i r I , :ty:•..vi.; a _' . i, • ..Yet.... , : I. raia'vy 5�1,• : : P'MASo ONTARIO, CA 91762 MO) 3974000 FA?C• � .. •.I: i...•. <; . , , k. �><'YI r. NlllfaL , •nnr��;>.;:r:.q]jmn.- i':�tir,: yoUrlYd.,. ,(YU #: i :1-i'14-bbS -2098 Hua 04..97 17: Mr qW HERITAGE ENGINEERIN:C CONSTRUCTIONONC..; `. GENERAL ENGINEERING & B.UILDINGs CONTRACTORS CONTRA �• pRS LICENSE.NO. A & B 595284 POST OFFICE BQJ(' 850, ONTARIO CALIFORNIA 91762 (909)3974000 FAX X91.865.2098 ml ; August 4, 1997 City of Newport Beach Department of Public Works 3300 Newport 131vd. P.O. Box 1768 Newport Beach, Calif. 92659 -1768 'i Attention: Mr. William Patapoff, City Engltieer Reference: Birch Street Onwrossing, Newport Beach, State Route 73, Contract C- 293,1 - 40riiage Engineering Construction, Inc: Job 09S... Dear Patapoff, Per Mr, Greg McMurtrey's August 1" venial request, the following is a list of;subcontrectozs qw— intends to use in addition to those listed duffing the:bid on.tvlay 23, 1997. This some, list was faxed:tl Greg this morning, however, l inadvertently left off.the siriping°suboontraclor. Subcontractor Contract Sehedute' I tteKomrl • F.J. Johnson, Inc. Lighting, Sign Illuininailon', signal - Schedule A 'Itei»':No' 'SE `.R'. 59;` ,.. Schedule B.Ittm No. 31 &:32 '.. Or Alcorn Fence Chain Link Railing - Schedule A; herb No. 51 Marina Landscape Transplant trees, irrigation system: extend, conduit - Schedule; A Items Tfp. 23, 24, and 25 q. Orange County Striping Schedule A, Items 4. 5•'8 thrbgh 12, 37, 38, 53 through 57; agd:Schedtile B; , Item 30. If there is anything'elsc you need, please don't hesitate to epn {act lire. Sincerely, HERITAGE ENGINEERING CONSTRUCTION, INC:, . Cruz R. Borrero, Vice Propident File: \B98- 039.doc i3 cc: Greg McMurtrey, PE, CRSS : ;:_':'' . ,.nil SPECIAL PROVISIONS NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92659 -1768 until 2:00 p.m. on the 20th day of MAY, 1997, at which time such bids shall be opened and read for Birch Street Overcrossina at State Route 73 T& of Fv0d r� U o� C -2931 craw No: NEWP O\ \/ FORN% Approved by the City Council this 14th day of April, 1997 LaVonne Harkless City Clerk Perspective bidders may purchase one set of bid documents at a cost of $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92659 -1768. For further information, call Emmet Berke ry at 673 -6446. Project Managanmt cwauAaM CONTRACT NO. C -2931 In ADDENDUM NO. I SHEET NO. 1 Birch Street Overcrossincl at State Route 73 Title or poled C-2931 Fcn—"dNo. v w gpm ate,\ Z Pad►( —01: � � F / is Heritage Engbxeer�ng Const=tim, Inc. Bidders Name S/Alf'red V. Bitetti, Jr. Pres. /Sec- Authorized Signature k. I I I j 4 Replace the PROPOSAL section with the following: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STATE ROUTE 73 BIRCH STREET OVERCROSSING WIDENING CITY CONTRACT C -2931 MAY 1997 PROPOSAL TO THE HONORABLE CITY COUNCIL City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663 -3884 r Gentlemen: The undersigned declares that he/she has carefully examined the location of the work, has read the Instructions to Bidders; has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete City Contract No. C- 2931(A) in accordance with the Plans and Special Provisions, and will take full payment therefore the following unit price for the work, complete in place, to with: PROPOSAL SCHEDULE A liM CALTRgNS - rrENl UNITS F ESTIMATED ITEM TOTAL �h �s � �� OF L1ANTCIYH PFs�CE pM yF a� F FIGUREf ) MUM CONSTRUCTION LS 1 1 120090 AREA SIGNS 25,000 25,000 2 120100 TRAFFIC LS 1 CONTROL SYSTEM 20,000 20,000 3 120116 TYPE 11 EA 20 BARRICADE q 4 120151 TEMPORARY M 1,125 TRAFFIC STRIPE (TAPE) 6 6,750 P -1 l p 5 120166 EA 16 (SURFACE 1 1 ICHANNELIZER MOUNT) LEFT IN PLACE 45 720 6 129000 TEMPORARY M 96 RAILING (TYPE K) 55 5,280 7 129100 TEMPORARY EA 7 CRASH CUSHION MODULE 350 2,450 8 150711 REMOVE PAINTED M 1,527 TRAFFIC STRIPE 2 3,054 9 150718 REMOVE M 1,270 THERMO - PLASTIC TRAFFIC STRIPE PAVEMENT MARKING 4 5,080 10 150722 REMOVE EA 139 PAVEMENT 2 278 MARKER 11 150742 REMOVE EA 9 50 450 ROADSIDE SIGN 12 152390 RELOCATE EA 10 ROADSIDE SIGN 150 1,500 13 152396 RELOCATE SIGN EA 1 IPANEL 100 100 14 152398 RELOCATE SIGN EA 1 STRUCTURE (BRIDGE MOUNTED) 3,000 3 000 15 153103 COLD PLANE M2 253 ASPHALT PAVEMENT 23 5,819 16 153215 REMOVE M 524 CONCRETE (CURB 18 9,432 AND GUTTER) 17 155003 CAP INLET EA 1 450 450 18 157563 BRIDGE REMOVAL LS 1 (PORTION) 13,000 13,000 19 160101 CLEARING AND LS 1 GRUBBING 25,000 25,000 20 190101 ROADWAY M3 1,755 EXCAVATION 28 49,140 P -2 r., 21 192003 F STRUCTURE M3 241 EXCAVATION (BRIDGE) 22 193003 F STRUCTURE 113 128 BACKFILL (BRIDGE) 35 4,480 23 204030 TRANSPLANT EA 5 ITREES 1,200 6,000 24 208000 ISYSTEM IRRIGATION LS 1 4,868 4,868 25 208907 EXTEND 250mm M 20 CONDUIT 200 4,000 26 260201 AGGREGATE M3 588 BASE (CLASS 2) 42 24,696 27 390101 ASPHALT TONNE 776 CONCRETE 45 34,920 28 500001 PS PRESTRESSING LS 1 CIP CONCRETE 35,000 35.000 29 510051 F STRUCTURAL M3 79 CONCRETE, 400 31,600 BRIDGE FTG 30 510053 F STRUCTURAL M3 469 CONCRETE, BRIDGE 630 295,470 31 510086 F STRUCTURAL M3 54 CONCRETE, APPROACH SLAB 450 24,300 (TYPE N) 32 510502 F MINOR CONCRETE M3 2 (MINOR STRUCTURE) 1,200 2,400 33 511106 DRILL AND BOND M 13 DOWEL 55 715 34 515020 REFINISH BRIDGE IDECK M2 90 70 6,300 35 519085 PS JOINT SEAL (TYPE M 18 B- MR =30mm) 140 2,520 36 520102 PFS BAR KG 65,110 REINFORCING 1.2 78,132 STEEL (BRIDGE) 37 566011 ROADSIDE SIGN EA 10 200 2,000 (ONE POST) 'S �.S .L 38 566012 ROADSIDE SIGN EA 2 (TWO POST) 500 1,000 39 650014 450 mm (18") M 13 REINFORCED 225 2,925 CONCRETE PIPE 40 710001 200mm (8 ") M 144 YELLOMINE SEWER PIPE 120 17,280 41 710002 45° CERTA -LOK EA 4 YELLOMINE ELBOW 200mm (8 1 DIAMETER 170 680 42 710003 45° CERTA -LOK EA 1 YELLOMINE SWEEP BEND 100mm (8 ") DIAMETER 425 425 43 710004 FLEX -TEND 200mm EA 2 (8 ") DIAMETER DOUBLE BALL FLEXIBLE EXPANSION JOINT 4,000 8,000 44 710005 200mm (8 ") SEWER EA 1 TERMINAL ICLEANOUT 600 600 45 710006 450mm 08 ") M 77 ' POLYVINYL CHLORIDE PIPE CASING 125 9,625 46 710007 450mm (18 ") STEEL M 24 PIPE CASING 425 10,200 (9.525mm THICK) 47 710008 AIR RELEASE EA 1 1,500 1,500 VALVE 48 721810 F SLOPE PAVING M3 18 500 9.000 49 731502 MINOR CONCRETE M3 85 (MISCELLANEOUS CONSTRUCTION) 340 28,900 50 751001 MISCELLANEOUS KG 470 IRON AND STEEL 4 1,880 51 833031 PFS CHAIN LINK M 93 RAILING (TYPE 6) 335 31,155 52 833140 F CONCRETE M 93 BARRIER (TYPE 26) 325 30.225 PA 53 840505 150mm THERMO- M 390 PLASTIC TRAFFIC 1 20,000 20,000 2 150001. STRIPE LS 1 4.50 1,755 54 840506 200mm THERMO- M 130 PLASTIC TRAFFIC STRIPE 11 1,430 55 840515 THERMO- PLASTIC M2 166 PAVEMENT MARKING 17 2,822 56 840656 PAINT TRAFFIC M 1,935 11,0001 11,0001 4 150003 STRIPE (2 COAT) LS 1 1.40 2,709 57 850102 PAVEMENT EA 183 MARKET (REFLECTIVE) 1 1 6 1,098 58 860460 LIGHTING AND LS 1 SIGN ILLUMINATION 14,425 14,425 59 861497 MODIFY SIGNAL LS 1 AND LIGHTING 42,000 42,000 60 999991 MOBILIZATION LS 1 100,000 100,000 SUBTOTAL PROPOSAL SCHEDULE $ 1-060-161-11 PROPOSAL SCHEDULE B 1 120100 TRAFFIC CONTROL LS 1 SYSTEM 20,000 20,000 2 150001. PRIVATE LS 1 PROPERTY IMPROVEMENTS AT APN427- 151 -15 6,000 6,000 3 150002 PRIVATE LS 1 PROPERTY IMPROVEMENTS AT APN 427 - 151 -12 11,0001 11,0001 4 150003 PRIVATE LS 1 PROPERTY IMPROVEMENTS AT APN427- 151 -11 1 1 6,000 6,000 P -5 I P4 rl e -6 I P-6 .......... . ...... . . . 5 150004 PRIVATE Ls 1 PROPERTY IMPROVEMENTS AT APN427-151-10 1,500 1,500 6 150005 PRIVATE Ls i PROPERTY IMPROVEMENTS AT APN 427-231-06 AND 427-231-26 8,500 8,500 7 150006 PRIVATE Ls I PROPERTY IMPROVEMENTS AT APN 427-231-25 9,000 9,000 1 8 150206 ABANDON M 33 CULVERT 55 1,815 9 150221 ABANDON INLET EA 2 900 1,800 10 150224 ABANDON EA 1 MANHOLE 1,500 1,500 11 150600 ADJUST TO GRADE EA 8 400 3,200 12 150700 RELOCATE NEWS EA 2 STAND 250 500 13 150806 REMOVE PIPE M 20 60 1,200 14 150820 REMOVE INLET EA 3 750 2,250 15 153215 REMOVE M 327 CONCRETE (CURB AND GUTTER) 16 5,232 16 154000 RELOCATE FIRE EA 2 HYDRANT 2,750 5,500 17 160101 CLEARING AND LS 1 GRUBBING 25,000 25,000 18 190101 ROADWAY M3 721 EXCAVATION 30 21,630 19 260201 AGGREGATE BASE M3 270 (CLASS 2) 45 12,150 20 390101 ASPHALT TONNE 487 CONCRETE (TYPE B) 48 23,376 21 510502 F MINOR CONCRETE M3 17 (MINOR STRUCTURE) 1,000 17,000 F 22 620002 100 mm (4") M 25 ALTERNATIVE CULVERT PIPE 55 1,375 I P-6 23 620020 150 mm (61 M 2 ALTERNATIVE PIPE CULVERT 225 450 4 650012 375 mm (15") M 2 REINFORCED 325 650 CONCRETE PIPE 25 650014 450 mm (18 ") M 68 REINFORCED CONCRETE PIPE 150 10 , 200 26 650018 600 mm (24 ") M 11 REINFORCED CONCRETE PIPE 160 1,760 27 710001 SEWER MANHOLE EA 1 RECONSTRUCTION 1,250 1,250 28 731502 MINOR CONCRETE M3 184 (MISCELLANEOUS CONSTRUCTION) 327 60,168 29 751001 MISCELLANEOUS KG 462 IRON AND STEEL 3.50 1, 617 30 840000 SIGNINGAND LS 1 STRIPING 13,000 13,000 31 860402 LIGHTING LS 1 10,000 10,000 32 861497 MODIFY SIGNAL LS 1 AND LIGHTING 63,700.06 63,700.06 33- 999991 MOBILIZATION LS 1 30,0001 30,000 SUBTOTAL PROPOSAL SCHEDULE B 1. One million four hundred thirty eight thousand WRITTEN IN WORDS: three hundred and twenty three DOLLARS AND nineteen CENTS $ 1,438,686.19 Heritage Engineering Construction, Inc. S /Alfred V. Bitetti, Jr. President /Secretary BIDDER AUTHORIZED SIGNATURE/TITLE P -7 (909) 397 -4000 P.O. Boa 850, Ontario, CA 91762 BIDDER'S TELEPHONE NUMBER BIDDER'S ADDRESS 595284 May 31, 1998 CONTRACTOR'S LICENSE NO. EXPIRATION DATE P.O. Box 850, Ontario, CA 91762 (909) 397 -4000 CONTRACTOR'S ADDRESS CONTRACTOR'S TELEPHONE NO. P-8 �• ,• Page 2 INURUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL CP tS P-1 iheavjk P-$) 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 surely (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. w 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 stale or federal chartered bank in California, as the escrow agent. 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 1 4/97 11 4 Page 2A Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 595284 — A Contractors License No. & Classification Heritage Engineering Construction, Inc. Bidder 23, 1997 I I I Date 1 5/97 I S/ Alfred V. Bitetti, Jr. President /Secretary Authorized SignatureTtle -4 Page 3 State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 4030 Grand Avenue 1. ACL Const Barrier Rail Pomona CA Remove Curb 6 Gutter 190 Harrison Street 2. Calmea S A/C Paving Corona, CA 331 Levis 3 Co- Rebar Vent ra CA Vandell Way q. Avar Prestress Steel Campbell, CA 5. 6. 7. 12. Heritage Engineering Construction, Inc. S /Alfred V. Bitetti, Jr. President /Secretary Bidder Authorized Signature/Title 8. 9. 10. 11. 12. Heritage Engineering Construction, Inc. S /Alfred V. Bitetti, Jr. President /Secretary Bidder Authorized Signature/Title ' r i I t CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 23 . 1997 before me, Tracy A Thomas Notary Public personally appeared Alfred V. Bitetti Jr. ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to the he,tsheEthey executed the same in hisMer4heiF authorized capacity(ies), and that by him signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. >A>!a WITNESS my hand and official seal. cmwoonomam $ tlotayPrac— °rm°''° Rwnlde cor+w MM Cantu aopYe� Ma/ 15.2u0D SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Cl INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT INSTRUCTIONS TO BIDDERS TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES May 23 1997 DATE OF DOCUMENT Heritage Engineering Construction Inc SIGNER(S) OTHER THAN NAMED ABOVE I I CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 23 . 1997 before me, Tracy A. Thomas Notary Public personally appeared Alfred V. Bitetti Jr. ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(s) iskim subscribed to the within instrument and acknowledged to the he/sheAheyF executed the same in hisAae#th& authorized capacity(ies), and that by his/#eFAheiF signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. VACYA1110" WITNESS my hand and o I seal. Canlnirlon / XWM anao r SIGNATURE OF NOTARY OPTIONAL . * *. *► * * * * * * *� : * *., * * *„ * *. ** Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED []GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Heritage Engineering Construction Inc. DESCRIPTION OF ATTACHED DOCUMENT DESIGNATION OF SUBCONTRACTORS. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE P 7 BIDDER'S BOND Page 4 We,, the undersigned Principal and Surety, our successors and assigns, executors, heirs .snd•,adntlnistraiors, agree to be jointly and seyerally held and firmly bound to the City of 'f�(s'�iport Beach, a charter city, in the principal sum of Ten Percent of the bid dollars 1, to be paid and forfefted.to the City of Newport Beach if the bid proposal of the .'rfdersigned Principal for the construction of Birch Street Overcrossing at State Route 73 (title of project and contract no.) in ths.City of Newpbrt Beach, is accepted by the City Council of the City of Newport Beach and :the :ptopo§ed con ract;ls awarded to the Principal, and the Principal fails to duly enter into and �ct*cute the Contract Documents'.for the construction of the project in the form required within ien days t16) (not. including Saturday, Sunday, and federal holidays) after the date of the riiailing:of Neiico of Award; otherwise this obligation shall become null and void. : !f the undersioried:Princfpal executing this Bond Is executing this Bond as an individual, 4 js. agreed that the: death of `any such Principal shall not exonerate the Surety from its dbggations'Under this Bond. .fitness our hands this 23rd day of May 19 97. on,Inc. Fide by... , < J; Mark E by: _ it Company of Maryland �cken ast,A orney in Fact Name 8 Title Signature of Attorney in -fact (Notary acknowledgment of Principal & Surety must be attached) LL PU"OSF P CKNOWLEDGE E,1-4T STATE OF CALIFORNIA ) S.s. COUNTY OF Los Angeles ) On May 23,1997 before me, R -lanra Ad Nnt�ry 'Uhl ir , personally appeared Mark E.Shr�ngast x personally Known to me; or proved to me on the basis of satisfactory evidence to be 2 the person(A) whose name(s) is /arc subscribed to the within instrument and acknowledged to me that he /sdxajXAXa:yx executed the same in his /bAWekRh"g authorized capacity(iue*, and that by his1kr)pAj�kA g signature s) on the instrument the person s) or the entity upon behalf of which the person(W acted, executed the instrument. WITNESS my hand and official seal. R.L CEADAIR (SEAL) R COMM. #1106675 R S NOTARY PUBLIC • CALIFORNIA S 2 LOS ANGELES COUNTY 2 . • My Caren. Expires Jury 24,20M Signature of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual'(s) Corporate Officer(s) and Titles and Partner(s) Limited General _Attorney-in-Fact Trustee(s) Guardian /Conservator TOther: Surety Signer is representing: ATTENTION NOTARY: Although the information requested below is optional,' it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE- ATTACHED TO THE DOCUMENT DESCRIBED ABOVE i wp/e:�foml�actnavlrlm 12192) ' wlu ., tlonul._Lrw l�lrcv 17:Y'1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BALTIMORE. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice - President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Mark E. Shreckengast of Los Angeles, California................................ ,.........A ,is we and lawful agent and Attorney -in -Fact, to make, execu any and all bonds and undertakings.... An a execution of such bonds or undertakings in amply, to all intents and purposes, as if they had bee: at its office in Baltimore, Md., in their own proper, behalf of Mark E. Shreckengast,.y The said Assistant Secretary does hereby ce the e 2, of the By -Laws of said Company, and is force. IN WITNESS WHEREOF, the said Vice- ent and Corporate Seal of the said FIDELITY EPOSTr CQ September , A.D. 19 G� ATTEST: on its behalf as surety, and as its act and deed: (of these4Wts, shall be as binding upon said Company, as fully and cuted owledged by the regularly elected officers of the Company Th' e X of attorney revokes that issued on 4, 1993 . orth on the reverse side hereof is a true copy of Article VI, Section �isl'ant Secretary have hereunto subscribed their names and affixed the aY OF MARYLAND, this 8th —day of COMPANY OF MARYLAND STATE OF MARYLAND COUNTY OF BALTIMORE By Vice- nt On this 8th day of Se ip ember , A.D. 19 94, before the subscriber, a Notary Public of the State of Maryland, duly -- commissioned and qualified, came C. M. PECOT, JR., Vice- President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth .. and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. OCAROL J. FADER Notary Public B Au st 1 _ �- My Commission Ezp'Mres —_ _gu _1496 n I I I CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ---- 23_rd day of -- -- Max- -- -- ----- -- ---- ----- - -----, 1997 - -. u42e 012 -3605 — clera ----------- — --- — ---- ----- - - - - -- - . Assistanr Seoeran� z- A CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 23 . 1997 before me, Tracy A Thomas Notary Public personally appeared Alfred V. Bitetti Jr. ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to the he/skeA4" executed the same in hisAmw4h& authorized capacity(ies), and that by hisA%gth& signature(-&) on the instrument the person(-&), or the entity upon behalf of which the person(s) acted, executed the instrument. oons.6" iO 40 WITNESS my hand and effiqia l seal. -. HoaywtAe— Oorar+a I'Marlde tour* MV corm FXW*W Moy I& MM SIGNATURE OF NOTARY *** * * * * « * * * * * * * * * * *r * * * *r * * * * * * * ** OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Heritage Engineering Construction. Inc DESCRIPTION OF ATTACHED DOCUMENT BIDDER'S BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES May 23 1997 DATE OF DOCUMENT MARK E. SHRECKENGAST SIGNER(S) OTHER THAN NAMED ABOVE g., I I 11 I I NON - COLLUSION AFFIDAVIT State of California ) ) ss. County ofl,cs n e es u Page 5 >A Iftfcl ✓ being first duly sworn, deposes and says that he or she is Presiderrt� Sc�crci --of NPr'�aac .xi %nerr�re4 L&giAs the party making the foregoing bid; that the bid is not riiade in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true'. and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws true and correct. H'I er,Ta 5 n�hreaneCyKSilcr�%IMT+u Bidder r Subscribed and sworn to before me this` e3 day of foregoing is Alfred V. BOW, Jr. PresJSeo. 1g61-7 [SEAL] I Notary Publ' oaW6#� My Commission Expires: NOWY -- NN Comm bokp Ala/ to 2mD 5/97 i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 23 . 1997 before me, Tracy A. Thomas. Notary Public personally appeared Alfred V. Bitetti Jr. ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s4 is/are subscribed to the within instrument and acknowledged to the he/sbe/tl-ieY executed the same in hisA;er#h& authorized capacity(ieQ, and that by hisiherAheif signature(s) on the instrument the person(s3, or the entity upon behalf of which the persons) acted, executed the instrument. IRA VA1FOMAS cbmn.a+s IW492 WITNESS my hand and offs seal. -. wolayReft —omomm IaaWide coolly mvo mn.t�MWis a000 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TECHNICAL ABILITY & EXPERIENCE REFS. TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Heritage Engineering Construction Inc. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE i Page 6 HNICAL ABILITY AND EXPERIENCE REFERE The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year For Whom Person Telephone Completed Performed {Detain To Contact Number Please See Attached Project List Heritage Engineering Construction, Inc Bidder 5/97 S /.Alfred V Bitetti Jr President /Secretary Authorized Signature/Title U z z O U 7 K y Z O U U z LU w w _z U z w w 0 ui w s U) r v w O z w m W m CL c z C, t7 IoOD W O < M N N �0 V N I7 t0 iT Ito O D O N Ih C O IN I� t�0 10 p 10 r n 7 f7 J N N m h tD R Ol t0 M N N O) O c0 A N t0 tm0 t0 Akio O A N t0 v j 7 I' N IN (j 7tn P ENO N ...IN WWd�r. J > O� _ = ��� h > �y to to Ol �_�1 11 w to t0 Itp +M iN IN IOC! Imm Q IW IOD M aN6 aND V N W N IM Owl Ito (N I� O IT fD o I W Z IY IV r I r A (h M O O I� 9 N 9 I� M V O iN a0 7 tA0 t0 I (A0 t0 Ito u�i 7 N N t0 h O EO It0 10 Itn = Ito v I^ IQ < Ivl to N EL Irn C3 o v IIv Ijm m j 00 MO r-. I r I� I� CO !Ir � m iIo :M f W r ! j UZ is I1Lp 1 i 'Y ;� iN I QD ZIY :O iC IZ Ipl IN I'-° ! 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I .IIIm I jU - .E 1I I 1 � 0rn !�j!:ii I �iQ I W rn I I ' I I I i j 'I I i 1 Im U 1 w c � ; I + � � iW O rn m rn -- v mN m w z O V Iv Z rn !jn � n N n v Ip CCv Z o mm 3n w o ua •im Ij!� i!a i 7 v � IC _w V !� II� jo � �v c � > V j L — c v o c _ ao al i m Oa o op 'o I-- : - I J C 3 C 3I6 C m { � E m � 0, no H o o ` E 0'a Z U I- w o IV .0 j 0 iv °w I ;o o I I z I 1 ! i i ; ' • . i I { ! 1 I ! ' ! I ; ! , J o m !,m m ! o I c m o !E _ I Iw I Io y I i v v w z - o i a d im _ V K m m 'U '° iU c v m m a !I¢ Iz o o _ ``o U U o o :o ' C E W J S C o U- 0 E a N C cl: 0 ( 3 m Q j m h U ¢ m m > 1 C N I ° m 1.1i I N m v 3 wu o j !o v j! i V I N N o N N 1 iZ � I m m d h U O `m 'Z J d U I v p p :w n m Xn a w 1v � rn p E OI H W Ij� d m > > Y w O x !i o m Im 'CD o v E I p p U -+ I° I!E C e .m c jc p iw :m V U ,m U V :C) ;V M U> n Iv ;m .N ° 'rn '0 n ! o .m to ' 1 J j� jo Io 7m i p N � ;m in CI [7 IN N 'N N :N N IN IN N �N :N ; m :m ..m ,m m m m m !m 'm .m !m :m 'm !m !m ;m m �m , CU H d A 7 Z U U 0 1 LU _ a m CL Z O E U rr ro G O C N d H a w - �o rrI O LL C) co Z N Q O D Cl r! rn 0 a i LL �. co w Li Q m CA� Z G C 63 = fA N U N � `-• O N 00 �V c L m¢ I a. d A 7 Z U U 0 1 LU _ a m CL Z O E U O G O d H a w - � O LL CO ~ Z N Q d i LL ui co Li Q m C71 G C 63 g Z °° = fA N U N � `-• O 00 co N � V ' c m N . 0V0> m � Z (D Z U w 2 Q Ca m m >,G U� U U di d A 7 Z U U 0 1 LU U i LL g Z °° o 00 r4 c J m 0 coo coo r°-I to LU o F- o Z F,• c b M n N O N Z W CA 0 t= .-1 C4 co, W 0 LL � Z A U 0_ CL U H U CO 3 o a\ Ix Q CZ%� W m O LL O W Q Z � U d 2 .6 0 W Z Q) Q `n J O O LU W 2 Q J O Cn z II m Q OD } 7 m ON W cn a: rfl � H � Z W � U Q J O -•1 m W W m m C3 0 9 m M co 0. i 130111593:8 • o - Page 7 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. LABOR AND MATERIALS 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) CONTRACT (Page 13) 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. The Labor and Materials Payment Bond and Faithful Performance 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. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract 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 Kee Rating Guide• Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, r : except as modified by the Special Provisions. N I 1 5/9] Bond No. 08033192 �ium included in FP Bond Page 8 BOND NO. 08033192 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 9, 1997 has awarded to Heritage F gin ring (:nn¢r.,,t in,hgrp!wfter designated as the "Principal;' a contract for %tatz Route 73 BiLeh Street Overrrossing {Ting (Contract No. 7cim 11 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 7971 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, andFidel i ty and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum opne million four hundred thirty eIght)ollars ($t�4 6.19 lawful money of the United Statt o eN i u :6 � t 8°3onSFYR& Md amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, r withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, 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 I 5/97 F s P. I ..6 r Page 8A 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 dul r e e above named Principal and Surety, on the 16th day of Heritage Engineering Construction, Inc. Name of Contractor (Principal) r. Fidelity and Deposit Company of Maryland Name of Surety 225 S Lake Ave #700.Pasadena.CA 90041 Address of Surety Alfred Vamm, Jr. Pre j t , $18- 799 -9311 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/97 ALL PURPOSE A CKNOWLEDGENIENT STATE OF CALIFORNIA S.S. COUNTY OF I nc Angeles On June 16 1997 , before me, D I . � ,Arinir Mn +2ry Puhlic , personally appeared X 4 personally known to me; or proved to me on the basis of satisfactory evidence to be the person(A) whose name() is /xr= subscribed to the within instrument and acknowledged to me that he /sfta jtAxaayx executed the same in his 14 j &k4lkt authorized capacity(XRX4 , and that by his /hc)i#icic�M ]Zc signature(a) on the instrument the person(s) or the entity upon behalf of which the person(* acted, executed the instrument. WITNESS my hand and official seal. « ... ............................... (SEAL) • R. LANCE ADAIR p COMM. #1106675 R S NOTARY PUBLIC - CALIFORNIA 2 ' S � �— LOS ANGELES COUNTY 2 `. �� , � /1 e : My Comm. Ex MS MY 24, 2000 Signature of Notary Public " "• " " " " "•'•••••••••••••••••••� CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. L, H 11 I i .Individual(s) Corporate Officer(s) and Titles and Partner(s) Limited General __Attorney -in -Fact Trustees) Guardian /Conservator Other: C6rety Signer is representing: ATTENTION NOTARY: Although the information requested below is optional,' it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Signer(s) other than named above: _ Date of document THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE wp/c: \fone\acknowl�lrw 12!92) wyl r. \(omduknuwlp(rcv I ?!92) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice- President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Mark E. Shreekengast of Los Angeles, California ... ............................;Z<.. — Its true and lawful agent and Anorttey -in -Fact, to make, ex� any and all bonds and undertakings.. An a execution of such bonds or undertakings in pu amply, to all intents and purposes, as if they had been at its office in Baltimore, Md., in their own proper behalf of Mark E. Shreckengast a et _ The said Assistant Secretary does hereby ce the e 2, of the By -Laws of said Company, and is force. IN WITNESS WHEREOF, the said Vice- ent and C Corporate Seal of the said the A1�i1DEPOSIT COyp _September _, A.D. 19 �" l•��' ��, FIDE AND S --- -ATTEST: SEAL r As ' ntary STATE OF MARYLAND COUI P IM OF BALTIMORE ( �' \) I I on its behalf as surety, and as its act and deed: .....A,N ................. ?of these is, shall be as binding upon said Company, as fully and cuted owledged by the regularly elected officers of the Company Th' er of attorney revokes that issued on , 1993. l Pp oorth on the reverse tcep 4 side hereof is a true copy of Article VI, Section ,isl5nt Secretary have hereunto subscribed their names and affixed the aY OF MARYLAND, this__8th –__day of COMPANY OF MARYLAND tr / . r— By V `�� J Vice- nt On this -_8th _ -_ -day of_ September __, A.D. 19_94, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice - President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authoriyy and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ae t� 9 CAROL J. FADER Notary Public My Commission Expires---_ - — August CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, we and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether trade heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." 160 IN TESTIMONY WHEREOF, I have here to subscribed my name and affixed the corporate seal of the said Company, this day of --- -JJVn— Q--- ------------ ---- -- 1 --- - -- L]42&— 012-3605 Assistant Secretary I L I CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June16. 1997 before me, Tracy A. Thomas . Notary Public personally appeared Alfred V. Bitetti Jr. ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(e) iskwe subscribed to phe4heAhey executed the same in hisA49F4h& authorized capacity(ies), and that by hislherAheif signatures) on the instrument the person(a), or the entity upon behalf of which the persons) acted, executed the instrument. �•VACYA.10 AS WITNESS my hand and official seal. omwim N Io97102 mom 19*CwmE0%MoyI&2MD w a acw* SIGNATURE OF NOTARY * * * * * * * * * * * * * * * * * * * * * * * * * *t * * * ** OPTIONAL ** rt * * * : * * *r * * * * *t * *t * * * * : * * * *► * ** Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Heritage Engineering Construction Inc. DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIALS PAYMENT BOND. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 16 1997 DATE OF DOCUMENT Mark E. Shreckengast SIGNER(S) OTHER THAN NAMED ABOVE Rond No. 08033192 . remium $7,643.00 Final premium based on final contract price Page 9 BOND NO. 08033192 FAITHFUL PERFORMANCE BOND (The premium charges on this Bond is $ 7,643.00 being at the rate of $ thousand of the Contract price. 100,000, @ 7.50/400,000. @ 5.50 remainder @ 5.00 WHEREAS, the City Council of the City of Newport adopted June 9 1997 has Construction, Inc. hereinafter designa State Route 73 Birch Street Overcrossing Widen Beach, State of California, by motion awarded to Heritage Enoineerine ed as the "Principal ", a contract for No. )931 ) in the City of Newport Beach, in strict conformity with tho specifications, and other Contract Documents maintained in the Public Works City of Newport Beach, all of which are incorporated herein by this reference. plans, drawings, Department of the WHEREAS, Principal has executed or is about to execute Contract No. 2931 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of One million four hundred thirty emirs $1,438,686. 9 lawful money of the United Stat Vf"fl d&Ps MM A6 'fly /o`HAfiMirfi amount of - the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well.and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and " performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the r same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, r alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change. extension of time, alterations or additions of the Contract or to the work or to the specifications. i5/91 Fi 2 I r.^ v i This Faithful Performance Bond shall be extended and maintained by the Principal in full woe and effect for six (6) months following the date of formal acceptance of the Project by the :ity. In the event that the Principal executed this bond as an individual, it is agreed that the eath of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly c e by he rincipal and >urety above named, on the 16th day of June Heritage Engineering Construction, Inc. Name of Contractor (Principal) Authonze ig V. ' Jr. PM&MM delity and Deposit Company of Maryland B Name of Surety Authorize Agent ig re Mark E.Shreckengast,Attor in Fact 25 S.Lake AVe #700,Pasaden.CA 91101 - - Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/97 } I CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June16. 1997 before me, Tracy A Thomas Notary Public personally appeared Alfred V. Bitetti Jr. ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(o iskim subscribed to ❑heAsheAthey executed the same in hisAeFftbeif authorized capacity(ies), and that by hisAheNtta& signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand an al seal. tlucrw>fanat '� cmnrron# tom42 mbtrRWC— cowaft KV C=M F� � 4 2000 r SIG ATURE OF NOTARY ** * * * * * * * * * * * * * * * * * * * * * * * * *r * * *e* OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) Heritage Engineering Construction Inc DESCRIPTION OF ATTACHED DOCUMENT FAITHFUL PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 16. 1997 DATE OF DOCUMENT Mark E Shreckengast SIGNER(S) OTHER THAN NAMED ABOVE ALL PURPOSE e CICNOWLEDGENMEiPir STATE OF CALIFORNIA ) ) S.S. COUNTY OF 10, Angeles_ ) On June 16.1997 before me, R I anrP Adair Nntar� 211hlir personally appeared Mar4 F qhrPrkPnqaczt - - X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(4() whose name(m) is /acres subscribed to the within " instrument and acknowledged to me that he /9haj3btxayX executed the same in his /kA"j4kgki(X authorized capacity (iw*, and that by hisJ{()c signature(a) on the instrument the persori(st) or the -- entity upon behalf of which the person(*) acted, executed the instrument. WITNESS my hand and official seal. ••••••••••••••••R LANCEADAIR••••� x (SEAL) R COMM. #1106675 q S NOTARY PUBLIC - CALIFORNIA S / 2 LAS ANGELES COUNTY 2 >: %% Li(iJ- L[�/ —� • My Comm. Expves Ab 2a. 2000 Signature of Notary Public " " " " " " " "•" CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) t Corporate Officer(s) and Titles and Partner(s) Limited General Attorney -in -Fact Trustee(s) Guardian /Conservator Other: Surety Signer is representing: ATTENTION NOTARY: Although the information requested below is optional,' it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: ' THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE rvprc: \Fonnbc►no.l�(rcv 12192) r ph afomdacinuwlp (rcr 1 ?/Y21 C p lu '. S&NT BY(Xerox TcIecopler mu — . 'yam GBIi CATB OF'INSURANQ PROD RR COMPANIES APPORDINCCOVIRWE COMPANYA Tolman 6 WikeY Ira, /O� P.O. Box 1388 // �S LETTER Clarsndou America InB. Com aD COMPANY B The Travolara Indemnity Ventura, CA �11101 a7 � - NSURw LB'!MR YC Cenral Bacurity Ina. Comyany Heritage Engimaering Constructiou COMPANY Y D P.O. Box 850 Ontario, CA 91762 COMPANYB LETTER TMS IS TO CERTIFY THAT FOLICICG OF INSVRANCE USTEb BELOW HAVE BEEN ISSUED TO THE WVAeD NAMED ABOVE FOR TAE POLICY PERIOD IN71CATED. NOTVATHETANOW3 ANY REOUIRGH.4NT, TERM OR CONOiT10N OF AIYI'CONTRACT OR OTHEN pOCUMEMW17H FiE8PEC170 WM1CF{THI$ CERTIFICATE MAYBE 195U4tl OR ANY PERTAVL THE WSUMNDE AFPDR0E0 BY 7NC POLICIES bEBC1U0[D NlREIN IB SUBI[Ct TO ILLL THE TERMS, EXCLUSIONS. AND CONDMONS OF SUCH POLIOCII AND 14 NOT AMENDRO, tXTENDEO OR ALTERED BV THi4 CERRFICATE LcIc TTYP60PINSURANCE E D�TBivH PbAtE ON ALL LIMITS IN THOUSANDS tR NU�,NBER ' GENERAL LIABILITY (OCCLIRENCE aAB16 ONLY) OENERALA06REOATE 52,000 COMMERCIAL '1,�C06989705 58 PRppw,•TarpMpLlr,•.p 51,000 COMPREHENSIVE 6119197 6/19/98 OPERATIONBAOORBGATE j OWNERS a CONTRACTORS PROTECTIVE PO=NntwuRY 41,000 GQIN"ACTVAL FOR SPECIFIC COHTWCT $1,000 PRODWT=MPLETEOCPEMTON XCu NAMPO CE APP NE EACHO RENCE p 14 50 BROAD FORM PROPERTY DAMAGE DEV[RABIUTY OF INTEREST CLAVBE P.I. WITH EMFLOYEE EXCLVS',ON �p GGII NEDICAIp{PEN9E9 S S REMOVED A WaNS (ANY ONE PERSON) AUTOMOBILEL)ABILITY SLeLILIMIT 51,000 ANY AUTO 7SBCAP266T1 STCT96 aomy INMRY s ALL OWNED AVTCS 11/1/96 11/1197 (PERP[RSON) SGNECULEp AUTOS e00lLV1NJVRY 5 HIRED AUTC9 )PER ACCRTRlT) NON•OWNED AUTOS 5 ' GARAGE UAVUTY OAMAGG 0 E A40REOATf H?l m LIABILITY 1 MBRELAFORM $4,000 54,000 OTHER THAN UMBRELLA FORM 1)861601 11/1/96 11/1/97 BTAIVTDAY "" WORKERS' COMPENSATION s EACIIACCiDENT & EMPLOYERS" LIABILITY S DIBEASE7d1eYL'MR 5 gyfApa.aACM FAIPLOYEE OTHCR 5 DESORIMON OF OPEMTONSILOCATIONSNEHICLEBRiERTRICTION4 'SPLG't. AL ITENB: ALL OPEWTIONS PeRFORME0 FOR THE OITY OF NEW FORT BEACH BY OR ON OeNALF OF YHE NAMED TN"FO IN CONNECTION WrM OUT N•OTUMITGO TO THE M=WVYO CONTAACV State Yute 79 BirOh trect (�if�rcro8 II1den4ec COntrne•.e � Q�I FROJECTTrr.4 AND ACTNUMPRA CERTr CATEHOLDHR CANCELLATION ADD ONALLYINSURED SHOULD ANY OF TH'E ABOVE 0E9CNIO:b POLICIES BE NON6AENEWSD, C^W.I!LLEO OR CITY PNEWPORT BEACH COVERAGE REOWtOBEFORE THE EXPIRATION DATE THE COWAIW AFFORDING COVERAGE MALL PRONDB Do OAYB W%MUM ADVANCE NOTICE TO THE CYTY OF P.O. B X 1769 ' _ - '.: - _ - NEWPORT R(e4j cN BY fiR87�,-, )MILS' S)00N WPORTBOULEVARD JSG�.`. NEWP BEACH, CALIFORNIA 52658.1915 iS^s�(l ,/ �,-/� !D ; A1T6 ON: lzm mat Barkary UTNORTTLD REP PPBBM'ATM IRV[DAM I . -- �- .'_•"' ^. •, . ^•• •,,•• - ,nuuvnn_�un fIJ Rfi•7!T 7n1 IR_ arl_�nr WORKERS CO "'f_E ' NSATION AND EMPLOYEP , LIABILITY POLICY' CALIFORNIA WINVER OF" OUR RIGHT 'f RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will pot enforct our right against the person or organization named in the Schedule. (This agreement applies only to the extent that yot perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while eng1ged in thi work described In the Schedule. The additional premium for this endorsement shall be 5% of the Califomia workers' compensation premlurr otherwise due on such remuneration. Person or Organization CITY OF NEWPORT BEACH P.O. BOX 1768 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 -8915 >: 6/20/97 TK s I Schedule Job Description STATE ROUTE 73 BIRCH STREET OVERCROSSING WIDENING CONTRACT #C -2931 Jr� This endorsement changes the policy to which attached and Is effective on the date issued unless otherwise sjated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 6/20/97 policy No. WCC167924422 Endorsement No. Insured HERITAGE ENGINEERING CONSTRUCTION, INC. Countersigned by I I W0040308 (ED. 04.60 PFtWTM.IN r r a e MERTIFICATE OF INSURANCI 06 -20- 7 pRODUGER COMPANIES ..... DING COVERAGE DAVIS & GRAEBER INSURANCE SERVICES, INC. COMPANY A 470 E. HIGHLAND AVENUE LETTER CONTINENTAL CASUALTY P.O. BOX 40 COMPANY B REpi-Amps- CA 223D LErrER INSURED COMPANY C HERITAGE ENGINEERING CONSTRUCTION, INC. LETTER COMPANY D P.O. Box 850 LETTER ONTARIO, CA 91762 COMPANY E LETTER COVERAGES! THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. —EXPIRATION co TYPE OF INSURANCE POLICY NUMBER E �CFIVE DATE DATE ALL LIMITS IN THOUSANDS. _TR GENERAL LIABILITY GENERAL AGGREGATE $ (OCCURENCE BASIS ONLY) PRODUCTSICOMPLETED $ COMMERCIAL COMPREHENSIVE OPERATIONS AGGREGATE OWNERS& CONTRACTORS PROTECTIVE PERSONAL INJURY $ CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTSICOMPLETED OPERATION EACH OCCURENCE $ XCU HAZARDS FIRE DAMAGE. $ BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE (ANYONE FIRE) P. 1. WITH EMPLOYEE EXCLUSION REMOVED MEDICAL EXPENSES $ MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY COMBINED S GLE LIMIT $ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS __ BODILY IW HIRED AUTOS PROVE $ NON-OWNED AUTOS GARAGE LIABILITY DAMAGE EXCESS LIABILIT Y EACH AGGREGATE OCCURENCE UMBRELLA FORM $ OTHER THAN UMBRELLA FORM STATUTORY A WORKERS' COMPENSATION C167924422 3/13/97 3/13/98 1 1,000,000 EACH AOCIDFNT $ 1,000,000 DISEASE-POLICY LIMIT & EMPLOYERS'LIABILITY $ 1,000,000 DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCA'nONStVEHICLESIRESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: STATE ROUTE 73 BIRCH STREET OVERCROSSING WIDENING CONTRACT IC-2931 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER -­: CANCELLATION ADDITIONALLY INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON-RENEWED, CANCELLED OR CITY OF NEWPORT BEACH COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF P.O. BOX 1768 NEWPORT BEACH BY FIRST CLASS MAIL. 3300 NEWPORT BOULEVARD I NEWPORT BEACH, CALIFORNIA 92658-8915 vAhzwdztl'k. AUTHORIZED REP AESU#AT[ya ISS,6JE DATJ f ATTENTION: r U :I I I I WORKERS C`� ENSATION AND EMPLOYE' LIABILITY POLICY ^ CALIFORNIAIVER OF• OUR RIGHT T�. RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We. will pot enforc t our right against the person or organization named in the Schedule. (This agreement applies only to the extent that ym perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while eng$god in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premivrr otherwise due on such remuneration. Schedule Person or Organization Job Description CITY OF NEWPORT BEACH STATE ROUTE 73 BIRCH STREET P.O. BOX 1768 OVERCROSSING WIDENING 3300 NEWPORT BLVD. CONTRACT #C -2931 , NEWPORT BEACH, CA 92658 -8915 INSURANCE APPROVE DAT AN 6/20/97 TK This endorsement changes the policy to which attached and is effective on the date issued unless otherwise slated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) , Endorsement Effective 6/20/97 Policy No. WCC167924422 Endorsement No. Insured HERITAGE ENGINEERING CONSTRUCTION, INC. Countersigned bye jg�� i 1� .....�........ ..-.. ...... ..nnrMi% nt n 0 e 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. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. 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: 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). 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. 5/97 I I Page_11A 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: State Route 73 Birch Street overcrosslog Widening Contract C -2931 Project Title and Contract No. This endorsement is effective 6/19/97 at 12:01 a.m. and forms a part of Policy No.TNC06989705668 = Clarendon America (Company Affording Coverage). Insured: Heritage Engineering Endorsement No.: + ISSUING COMPANY i- ' By: 2z orized Representative Tolman & Wiker Ins. k.1 5/97 EJ I L? Page 12 It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the Contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: 'The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: O Multiple limits Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability $ QCj Combined Single Limit 5/97 Bodily Injury Liability & Property Damage Liability $ 1,000,000 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. 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 -State Route 73 Birch Street overcrossing Bideuing Contract C -2831 Project Title and Contract No. This endorsement is effective 6/19/97 at 12:01 a.m. and forms a part of Policy NO.7EECAP266T1b8TCT96 Travelers Ind. (Company Affording Coverage). Insured:Heritaee EneineerinQ Endorsement No.: . ISSUING COMPANY By: ,� a rryt -• horized Representative Tolman & Wiker Ins. w r -_ I Page 13 AGREEMENT THIS AGREEMENT, entered into this 9,1, day of 7.,, u 19y1, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Anritage FnginnPrino Construction. Inc. hereinafter "Contractor," is made with reference to the following facts: A. City has advertised for bids for the following described public work: State Route 73 Birth Street nvercrncaino Videning ( "Project ") 2931 " Project Description Contract No. B. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifi- cations. NOW, THEREFORE, the City and Contractor agree as follows: 1, CONTRAQT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and 'o Materials Payment Bond, Permits, Plans, General Conditions, Standard Plans and Specifications, Plans and Special Provisions for Contract No. 93, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the 'Contract Documents°). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. The Contractor is required to perform all activities, at no extra cost to the City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one million four hundred thirty eight thousand six hundred eighty six and nineteen cents Dollars ($- 18,686 19 1 5/97 Page 14 This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in _ writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mails, postage prepaid, directed to the address of the Contractor and to the City, addressed as follows: CITY CONTRACTOR HERITAGE ENGINEERING CONSTRUCTION, INC. 11244 Pipeline Ave. Pcmona, CA 91766 z 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: : 01 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 1 1 5/97 Page -15 7. INSURANCE: Insurance is to be placed with insurers with a Best's rating of no less than . A:VII and insurers must be a California Admitted Insurance Company. VERIFICATION OF COVERAGE f Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, on forms provided by the City. All certificates and endorsements are to be received and approved by the City before work-commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any, time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries. to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. a� A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. gr 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers. Liability insurance. B. MINIMUM LIMITS OF INSURANCE Coverage limits shall be no less than: 1. General Liability: $54M oa mombined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 1 5/97 Page 16. . 2. Automobile Liability: $5.00O.ODO•00 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1.ML000•00oer accident. :►� D - • Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its _ officers, officials, employees and volunteers; or the Contractor shall procure a bond .guaranteeing payment of losses and related investigations, claim administration and defense expenses. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, including the insured's general supervision of the Contractor, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The Contractors insurance coverage shall be primary insurance as r respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Contractors V insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees and volunteers. d. The Contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 1 5/97 Page 17. . e. The insurance afforded by the policy for contractual liability shall include liability assumed by the - contractor under the indemnification /hold harmless provision contained in this Agreement. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. acts of God: Pursuant to Public Contract Code Section 7105, the CONTRACTOR shall. not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non-Compliance: The City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to the CONTRACTOR hereunder until the CONTRACTOR demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. The City and all officers, employees and representatives thereof shall not be " responsible in any manner: for any loss or damages that may happen to the Work a or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project. C. The Contractor shall indemnify, hold harmless, and defend the City, its officers and employees from and- against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to. bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of . 1 5/97 Page 18 _ services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify. or defend City from the sole negligence or willful misconduct of City, its officers or employees. D. To the extent authorized by law, as much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Agreement. F. The rights and obligations set forth in this Article shall survive the termination of this Agreement 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and all other Contract Documents by the Contractor is a representation that the Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. /// /// 5/97 Page 19 10. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other tern, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation ; APPROVED • FORM: �1 .J� w tlszft�� CITY CLERK F *%cat%debbielag%id.doo RC:da 05-07 -97 5197 By: CIA OR HeTlt'dg0 Eng721ePS]SKi i mstn=Uon. Inc. Name of Contractor am and Title Jr. PresJ$90. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June16. 1997 before me, Tracy A. Thomas . Notary Public , personally appeared Alfred V. Bitetti. Jr. ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose names) Wa% subscribed to ❑h&sheAHey executed the same in his/HerAheiF authorized capacity(ies), and that by his4h&r4heif signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. , A* WITNESS my hand and off ial s I. camlYOni11W719Z covNedon0X 492 —J :ii�A 1lNrrde c=* My corrrn. DOW May 15. MW IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT AGREEMENT TITLE OR TYPE OF DOCUMENT 7 NUMBER OF PAGES June 9, 1997 DATE OF DOCUMENT Heritage Engineering Construction, Inc. SIGNER(S) OTHER THAN NAMED ABOVE ACORD DATE (M WODIYY) n 06/23/1997 PRODUCER (805)653 -7744 FAX (805)653 -7762 Wi ker Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE olman & HOLDER - THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 196 South Fir Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 1388 COMPANIES AFFORDING COVERAGE Ventura, CA 93002 COMPANY Clarendon America Ins. Co. Attn: Josie Peregrino Ext: 161 A INSURED ....... .. ... ... ... .. . .. ............ ..... ___..... _ ..._ , COMPANY The Travelers Indemnity o I lnoi5 Heritage Engineering Construction P. 0. Box 850 Ontario, CA 91762 CO �A"Y J!_1!d 2 6 IM COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE OF INSURANCE POUCY NUMBER + POLICY EFFECTIVE POLICY EXPIRATION:, LIMITS LTR: DATE (MMIDWY) DATE (MMIDD1YY) GENERAL LIABILITY GENERAL AGGREGATE i3 2,000,000 ! X' COMMERCIAL GENERAL LIABILITY ............E .............. ................ .............. . PRODUCTS - COMPIOP AGG S 1,000,000 CLAIMS MADE XOCCUR A TNC0698970158 06/19/1997 PERSONAL& ADV INJURY S 1,000,000 ! 06/19/1998 X : OWNER'S 8 CONTRACTOR'S PROT . _ EACH OCCURRENCE S 1, 000,000 X', $5,000 ded BI & PD FIRE DAMAGE (My omfira) : s 50,000 f MED EXP (Any one Fenian) S 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S X,ANVauro 1,000,000 ALL OWNED AUTOS ... _. .... ....... . BODILY INJURY f SCHEDULED AUTOS B - ,7EECAP2661­178 11/01/1996 • (Par Person) 11/01/1997 X HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS 1 i (Per aeutleM) �X 51,000 ded PD ............ - ' PROPERTY DAMAGE $ GARAGE LIABILITY : AUTO ONLY EA ACCIDENT " S '. ANY AUTO ' OTHER THAN AUTO ONLY: EACH ACCIDENT, f AGGREGATE. S EXCESS LIABILITY '.. EACH OCCURRENCE : f UMBRELLA FORM AGGREGATE f '., OTHER THAN UMBRELLA FORM I f WORKERS COMPENSATION AND '', iTORYUMITS ER . EMPLOYERS' LIABILITY ! " -- '-'-- --'-- •. EL EACH ACCIDENT i f '.; THE PROPRIETOR/ INCL EL DISEASE POLICY LIMB I S :. PARTNERS/EXECUTIVE ., OFFICERS ARE: EXCL'', I '. EL DISEASE EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONWLOCAnON SIVEKICLESISPECUIL ITEMS Fen day notice of cancellation will be given for non - payment of premium. ertificate holder is named as additional insured as respects to operations at job: State Rout 73 irch Street Overcrossing Widening Contract C -2931. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Of Newport Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Emmet Berkery BUT FAILURE TO MAIL SUCK NOTICE SMALL IMPOSE NO OBUGATION OR LIABILITY P. 0. Box 1768 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATTVES Newport Beach, CA 92658 -8915 AUTHORIZED REPRESENTATIVE v Mike Johnson /DDS ` AOORD, CERTIFIC; E OF LIABILITY INSI I NCE ' 06118/1997 vaoDYcea (805)653 -7744 FAX ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tolman & Wiker Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 196 South Fir Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 1388 COMPANIES AFFORDING COVERAGE Ventura, CA 93002 COMPANY Gerling America Insurance Attn: Josie Peregrino Ext: 161 A INSURED COMPANY The Travelers Heritage Engineering Const B P. 0. Box 650 COMPANY General Security Insurance Co. Ontario, CA 91762 COMPANY CBIC D OVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DOIYY) DATE (MMIDDIYYI GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,00( X COMMERCIAL GENERAL LIABILITY PRODUCTS- COMP /OP AGG $ 1,000,00( A CLAIMSMADE X OCCUR 8020696GLP 11/01/1996 11/01/1997 PERSONAL &ADV INJURY S 1,000,00( X OWNER S& CONTRACTOR'S PROT EACH OCCURRENCE S 1,000,000 X $5,000 Ded per OCC HOLDVR Jq7 FIRE DAMAGE (Any one 1,101 S 100100( p�11j1F4CAlE I / TIE 1D MED EXP (Any one oemnl S 5,00( AUTOMOBILE LIABILITY '6/10uCV CA c i 0 :FF,�� COMBINED SINGLE LIMIT $ X ANY AUTO ls5i.TA.� POLICY RE n 1,000,00( -1J ALL OWNED AUTOS OpTE NO(IFI�.. BODILY INJURY S IPeon) SCHEDULED AUTOS Oroar 8 7EECAP266TI78TCT96 11/01/1996 11/01/1997 X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per a¢'o0M1 PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY' _ EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S 4,000,000 C UMBRELLA FORM UB61601 11/01/1996 11/01/1997 AGGREGATE S 4,000,000 OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT S THE PROPRIETOR/ MCL EL DISEASE - POLICY LIMIT S PARTNERS/EXECUT VE OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE S OTHER Sched. Equip. $357,000 Limit / 1% Ded. D C8960889 07/03/1996 07/03/1997 DESCRIPTION OF OP RATION -KE UONSNENICLESISPECIAL ITEMS Ten day notice of cancellation will be given for non payment of premium. ertificate Holder is Named Additional Insured as repsects to operation at job: State Route 73 irch Street Overcrossing Widening Contract C -2931. CERTIFICATE HOLDER ELLATI - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL �O_ DAYS WRITTEN NOTICE TO TIIECERTIFICATE HOLDER NAMED TO THE LEFT, City Of Newport Beach Attn: Emmet Berkery BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBUrATION OR LIABILITY P.O. Box 1768 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRES NTATWE Newport Beach, CA 92658 -8915 Jeff Dann /JAP 4f 4W ACORD 25-S (1185) - - CACORD CORPORATION 1988 STATE OF CALIFORNIA —DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards �® A P. O. Box 603 J 3 7 J /d San Francisco, California 94101 EXTRACT OF FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARD 834030000 CITY OF NEWPORT BEACH PUBLIC WORKS CITY HALL P.O. BOX 1766 NEWPORT BEACH, CA 92663 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SEC. 1777.5 HAS BEEN AWARDED TO: 2. Name of General Contractor 3. Contractor's License Number Heritage Engineering Construction, Inc. 595284—A 4. Mail Address (Street Number of P. O. Box) 5. City Ontario 6. Zip Code 7. Telephone Number P. O. BOX 850 91762 (909 )397 -4000 8. Address or Location of Public Works Site (Include City and /or county) Birch Street Bridge Over State Route 73 9. Contract Or Project Number 10. Ooltar Amount Of Contract Award C -2931 $ 1,438,686.19 11. Starting Dale (Estimated or Actual) 12. Completion Oale (Estlmale0 or Aetuaq 13. Number of Working Days MONTH OAY YEAR (use NVMBER,I MONTH OAY YEAR (Us NVMBERS( 7 1 21 / 97 I 2 / 28 / 97 J 11150 14. Type of construction (Highway, school, hospital, etc,) 15, Brid NEW CONSTRUCTION O ALTERATIONS 16. Classlftoallon Or Type of Workman (Carpenter, plumber, etc.) 17. Is language included in the Contract Award to effectuate the provisions of Section 1777.5, as required by the Labor Code? ............ ............................... ® yes o NO Is language included in the Contract Award to effectuate the provisions of Section 1776, as required by the Labor Code? ............. ............................... ® YES O NO 18. Signal 19. Title 20. Date City Engineer 6 -10 -97 21. Printed or Typed N 22. Telephone Number William Patapo f (714 )644 -3321 OVplicaltOn Of this form is permissible. City of New • Beach - Public Works Dep rT1.1 C O p Contractor's Check -Out List r' L r Project: Contract #: Bid Opening: Working Days: Engineer: Engineer's Estimate: Birch Street Overcrossing at State Route 73 C -2931 May 23, 1997 - 11:00 a.m. 150 Emmet Berkery $1.2 million 1 �laetie. � �dtflte ' $�R�gi1;�'i� *� i �`_ �i���`t•�8� ttlli���le'�d' ��ssrtractc�r (310) 643 -1263 DCS - Daily Construction P.O. Box 3389 (310) 643 -1270 FAX Redondo Beach, CA 90277 Attn: Joe (handles CMD also) CMD - Construction Market Data (714) 939 -1263 2 Plan Room West (714) 939 -7616 FAX 1717 S. State College Blvd., Suite 160 Anaheim, CA 92806 Attn: Joe (handles CMD also) Bid America (909) 677 -4818 41085 Elm Street Murrieta, CA 92562 Attn Gary Pebley Dodge Construction News (714) 937 -0831 2 2150 Towne Centre Place, #100 (714) 937 -0917 FAX Anaheim, CA 92806 Attn: Clara E. L. Yeager Construction Company, Inc. (909)684 -5360 1 P.O. Box 87 (909)684 -1644 FAX Riverside, CA 92502 Attn: Patty Mendoza Long Beach Iron Works, Inc. (562)432 -5451 1 2100 West Anaheim Street (562)435 -5929 FAX Long Beach, CA 90813 Attn: Mimi Stahl Excel Paving Co. (562)599 -5841 1 P.O. Box 16405 (562)591 -7485 FAX Long Beach, CA 90806 -5195 Attn: Michele Drakulich Carlson's Landscaping (714)962 -0203 1 9082 Veronica Drive (714)965 -7798 FAX Huntington Beach, CA 92646 Attn: Rick Carlson 1. • 2 D.W. Powell Construction, Inc. (714)356 -8880 1 P.O. Box 1406 Fontana, CA 92334 -1406 Attn: Dan Grubb A.F.R. Construction (818)358 -2505 1 11 No. Fifth Avenue (818)358 -5614 FAX Arcadia, CA 91006 Attn: Arnold Richter Merry Lynn Rebar, Inc. (909)350 -8139 1 11262 Sierra Avenue Fontana, CA 92337 Attn: Marilyn Ware Vista Steel Company (805)653 -2320 1 331 West Lewis Road Ventura, CA 93001 Attn. Les Wargo Lumsdaine Construction, Inc. (714)453 -1522 1 1 Technology Dr., #E -301 (714)453 -9744 FAX Irvine, CA 92608 Attn: Noel Franco Amber Steel Co. (909)874 -2213 1 312 S. Willow Rialto, CA 92376 Griffith Company (714)549 -2291 4 2020 Yale Street (714)549 -4033 FAX Santa Ana, CA 92704 -3974 Attn: Mary Davis Aman Environmental Construction, Inc. (818)967 -4287 1 614 E. Edna Place (818)967 -5805 FAX Covina, CA 91723 Attn: Steve Aman Pacific Marine Construction (909)678 -5872 1 33269 Zeller St. (909)678 -6922 FAX Lake Elsinore, CA 92530 Attn- Mario Maldonado Sunpeak Construction (310)952 -1111 1 1245 E. Watson Center Road (310)549 -1078 FAX Suite B Carson, CA 90745 -4207 Attn: Shawn Mehr KEC Engineering (909)734 -3010 1 200 N. Sherman Ave. Corona, CA 91720 Attn: Vicki Larsen Penhall Company (714)772 -6450 1 1801 Penhall Way Anaheim, CA 92801 Attn: Scott Campbell 4 • 3 Dywidag Systems International, USA, Inc. (310)531 -6161 2154 South Street (310)531 -2667 FAX Long Beach, CA 90905 Attn: Ron Giesel Aman Environmental Construction, Inc. (818)967 -4287 1 614 East Edna Place (818)967 -5805 FAX Covina, CA 91723 Attn. Marilyn Adamson C.T. & F., Inc. (562)927 -2339 1 7228 Scout Avenue (562)927 -4171 Bell Gardens, CA 90201 Attn: Michelle Simmons High Light Electric (888)401 -5988 1 P.O. Box 7339 Riverside, CA 92513 -7339 ASAP Services, Inc. (909)794 -2206 1 P.O. Box 10866 (909)794 -7098) FAX San Bernardino, CA 92359 Franklin Reinforcing Steel (562)994 -3301 1 13546 Imp. Hwy (562)802 -2338 FAX Santa Fe Springs, CA 90670 Attn: Lori Steve P. Rados, Inc. (714)835 -4612 1 2002 E. McFadden Ave, (714)835 -2186 FAX Santa Ana, CA 92705 Attn. Rosalina Damicog Hillside Contractors, Inc. (714)761 -1895 1 3164 Tyler Ave. Anaheim, CA 92801 Rebar Engineering, Inc. (310)946 -2461 1 10706 Painter Avenue (310)941 -7740 FAX Santa Fe Springs, CA 90670 Attn: Mike Chang Moore Electrical Contracting, Inc. (909)371 -4202 1 463 N. Smith Avenue Corona, CA 91720 -6905 Pavement Recycling Systems, Inc. (909)682 -1091 1 121 N. Main Street (909)682 -1094 FAX Riverside, CA 92501 Attn: Teresa Gilleland Peek Traffic Signal Control Company (503)371 -1032 1 3210 Del Webb Avenue SE (503)364 -8938 FAX Salem, Oregon 97303 Attn: Theresa Banshee Construction (909)824 -0393 1 1600 East Steel Road (909)824 -8919 FAX Colton, CA 92324 Attn: Jeff McDermott 0 an Asphalt (909)736 -7600 1 merican Way (909)736 -7646 FAX A 91718 -2229 rAttn: ert Bradley rio Construction (818)337 -1248 1 P.O. Box 1118 (818)337 -6641 FAX Baldwin Park, CA 91706 -1118 Attn: Angelo Giangregorio Harber Companies, Inc. (909)478 -1957 1 1880 E. Riverview Drive (909)478 -0019 FAX San Bernardino, CA 92408 Attn: Dee Dee Estrada Savala Construction Co., Inc. (714)651 -0221 1 16402 E. Construction Circle (714)552 -8597 FAX Irvine, CA 92606 Attn: Marsha Napier Myers - Polich (714)385 -1920 2 1822 S. Lewis St. (714)385 -1920 FAX Anaheim, CA 92805 Heritage Engineering Construction, Inc. (909)397 -4000 1 11244 Pipeline Ave. (909)865 -2098 FAX Pomona, CA 91766 Attn: Rick Garabedian Computer Service Company (714)701 -1444 1 4570 East Eisenhower Circle (714)701 -1455 FAX Anaheim, CA 92807 Attn: David Chadbourne Ortiz Enterprises, Inc. (714)753 -1414 1 12 Mauchly, Building J (714)753 -1477 FAX Irvine, CA 92718 Attn: Larry Bashaw JFL Electric, Inc. (310)633 -3636 1 7255 Petterson Lane (310)633 -6553 FAX Paramount, CA 90723 Attn: Jon Matsunaga B &D Electrical Contractors, Inc. (310)694 -5445 1 635 S. Walnut St. (310)691 -8659 FAX La Habra, CA 90631 Attn: Steven J. Klasna la ti U{ row CITY CLEW e. office. of ft, city Clerk, Newport Befi#f, CA 92659 -1768 $ay of MAY�6ik, v ! opened and dead for City Clerk Perspective bidders may purchase one set of bid docurnwft at a cost of $25,00 at the office of the Public Works pepartrnent, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92659 -1768. For further information, call Emmet Berkery at 673.6446. Prajat hwwp�mni CWWA" CONTRACT NO. C -2931 i ..el 1 { �i 1 ADDENDUM NO.1 SHEET NO. 1 Birch Street Overcrossin4 at State Route 73 rme of mjw C -2931 Conhad No. Heritage Epgineerina Ccnstrwtion. Inc. Bidder's Name S /Alfred V. Bitetti, Jr. Pres. /Sec. Authorized Signature 1 1 1 1 1 I r Replace the PROPOSAL section with the following: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STATE ROUTE 73 BIRCH STREET OVERCROSSING WIDENING CITY CONTRACT C -2931 MAY 1997 PROPOSAL TO THE HONORABLE CITY COUNCIL City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: The undersigned declares that he/she has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete City Contract No. C- 2931(A) in accordance with the Plans and Special Provisions, and will take full payment therefore the following unit price for the work, complete in place, to with: PROPOSAL SCHEDULE A ITEM CALM ITEM ` UNITS ESTIMATED : ' ITEM " TOTAL NQ CQpEt) OF QUANf1iYi PWCE (IN tEM UMBER MEASURE (IN' ': FIG FIGURES} 1 120090 CONSTRUCTION LS 1 AREA SIGNS 25,000 25,000 2 120100 TRAFFIC LS 1 CONTROL SYSTEM 20,000 20,000 3 120116 TYPE 11 EA 20 BARRICADE 40 4 120151 TEMPORARY M 1,125 TRAFFIC STRIPE (TAPE) 6 6,750 P -1 i 1 1 1 t 1 r 1 5 1 120166 6 129000 7 129100 8 150711 9 150718 10 150722 (SURFACE 450 11 150742 12 152390 TEMPORARY M 13 152396 14 152398 1 15 1 153103 16 153215 (SURFACE 450 17 155003 18 157563 TEMPORARY M 19 160101 20 190101 CHANNELIZER EA (SURFACE 450 MOUNT) LEFT IN 450 PLACE 13,000 TEMPORARY M RAILING (TYPE K) 25,000 TEMPORARY EA CRASH CUSHION 49,140 MODULE REMOVE PAINTED M TRAFFIC STRIPE REMOVE M THERMO - PLASTIC TRAFFIC STRIPE PAVEMENT MARKING REMOVE EA PAVEMENT MARKER REMOVE EA ROADSIDE SIGN RELOCATE EA ROADSIDE SIGN RELOCATE SIGN EA PANEL RELOCATE SIGN EA STRUCTURE (BRIDGE MOUNTED) COLD PLANE M2 ASPHALT PAVEMENT REMOVE M CONCRETE (CURB AND GUTTER) CAPINLET EA BRIDGE REMOVAL LS (PORTION) CLEARING AND LS GRUBBING ROADWAY M3 EXCAVATION NVA IR A 1,527 1,270 139 0 e 253 524 1 1 1 1,755 45 720 I 55 5,280 K 4 1 5,080 2 278 450 450 50 450 13,000 13,000 150 1,500 25,000 25,000 100 100 23 1 5,819 18 9,432 450 450 13,000 13,000 25,000 25,000 28 49,140 I 'r 1 21 192003 F STRUCTURE M3 241 1 EXCAVATION (BRIDGE) 25 6.029 22 193003 F STRUCTURE M3 128 BACKFILL (BRIDGE) 35 4,480 23 204030 TRANSPLANT EA 5 TREES 1,200 6,000 24 208000 IRRIGATION LS 1 SYSTEM 4,868 4,868 25 208907 EXTEND250mm M 20 CONDUIT 200 4,000 26 260201 AGGREGATE M3 588 BASE (CLASS 2) 42 24,696 27 390101 ASPHALT TONNE 776 CONCRETE 45 34,920 28 500001 PS PRESTRESSING LS 1 CIP CONCRETE 35,000 35,000 29 510051 F STRUCTURAL M3 79 CONCRETE, BRIDGE FTG 400 31,600 30 510053 F STRUCTURAL M3 469 CONCRETE, BRIDGE 630 295,470 31 510086 F STRUCTURAL M3 54 CONCRETE, APPROACH SLAB (TYPE N) 450 24,300 32 510502 F MINOR CONCRETE M3 2 (MINOR STRUCTURE) 1,200 2,400 33 511106 DRILL AND BOND M 13 DOWEL 55 715 34 515020 REFINISH BRIDGE M2 90 DECK 70 6,300 35 519085 PS JOINT SEAL (TYPE M 18 B- MR =30mm) 140 2,520 520102 PFS BAR KG 65,110 r37 REINFORCING STEEL (BRIDGE) 1.2 78,132 566011 ROADSIDE SIGN EA 10 ROADSIDE 200 2,000 P -3 I j 1 I i 1 1 38 566012 ROADSIDE SIGN EA 2 (TWO POST) 500 1,000 39 650014 450 mm (18") M 13 REINFORCED CONCRETE PIPE 225 2,925 40 710001 200mm (8") M 144 YELLOMINE SEWER PIPE 120 17,280 41 710002 45° CERTA -LOK EA 4 YELLOMINE ELBOW 200mm (8 ") DIAMETER 170 680 42 710003 45° CERTA -LOK EA 1 YELLOMINE SWEEP BEND 100mm (8 ") DIAMETER 425 425 43 710004 FLEX -TEND 200mm EA 2 (8 ") DIAMETER DOUBLE BALL FLEXIBLE EXPANSION JOINT 4,000 8,000 44 710005 200mm (8") SEWER EA 1 TERMINAL CLEANOUT 600 600 45 710006 450mm (18') M 77 POLYVINYL CHLORIDE PIPE CASING 125 9,625 46 710007 450mm (18 ") STEEL M 24 PIPE CASING (9.525mm THICK) 425 10,200 47 710008 AIR RELEASE EA 1 VALVE 11500 1,500 48 721810 F SLOPE PAVING M3 18 500 9,000 49 731502 MINOR CONCRETE M3 85 (MISCELLANEOUS CONSTRUCTION) 340 28,900 50 751001 MISCELLANEOUS KG 470 IRON AND STEEL 4 11880 51 833031 PFS CHAIN LINK M 93 RAILING (TYPE 6) 335 31,155 52 833140 F CONCRETE M 93 BARRIER (TYPE 26) 325 30 225 ' P-4 SUBTOTAL PROPOSAL SCHEDULE A PROPOSAL SCHEDULE B o.o 1 120100 TRAFFIC CONTROL LS 1 SYSTEM 20,000 20,000 2 150001 PRIVATE LS 1 PROPERTY IMPROVEMENTS AT APN427- 151 -15 6,000 6,000 3 150002 PRIVATE LS 1 PROPERTY IMPROVEMENTS AT APN 427 - 151 -12 11,000 11,000 4 150003 PRIVATE LS 1 PROPERTY IMPROVEMENTS AT APN 427 - 151 -11 6,000 6,000 P -5 i e 5 150004 PRIVATE LS 1 PROPERTY IMPROVEMENTS AT APN 427 - 151 -10 1,500 1,500 6 150005 PRIVATE LS 1 PROPERTY IMPROVEMENTS AT APN 427 -231-06 AND 427-231-26 8,500 81500 7 150006 PRIVATE LS 1 PROPERTY IMPROVEMENTS AT APN 427 - 231 -25 9,000 91000 8 150206 ABANDON M 33 CULVERT 55 1,815 9 150221 ABANDON INLET EA 2 900 1,800 10 150224 ABANDON EA 1 MANHOLE 1,500 1,500 11 150600 ADJUST TO GRADE EA 8 400 3,200 12 150700 RELOCATE NEWS EA 2 STAND 250 500 13 150806 REMOVE PIPE M 20 60 1,200 14 ' 150820 REMOVE INLET EA 3 750 2,250 15 153215 REMOVE M 327 CONCRETE (CURB AND GUTTER) 16 5,232 16 154000 RELOCATE FIRE EA 2 HYDRANT 2,750 5,500 17 160101 CLEARING AND LS 1 GRUBBING 25,000 25,000 18 190101 ROADWAY M3 721 EXCAVATION 30 21,630 19 260201 AGGREGATE BASE M3 270 (CLASS 2) 45 12 ,150 20 390101 ASPHALT TONNE 487 CONCRETE (TYPE B) 48 23,376 21 510502 F MINOR CONCRETE M3 17 (MINOR STRUCTURE) 1,000 17,000 22 620002 100 mm (4 ") M 25 ALTERNATIVE CULVERT PIPE 55 1, 375 m- I JTEM CALTRANS 17EM UNITS` '; ES TI z� '' CODEO :::: OF Qu ITEM NjMRF% R::' -F 23 620020 150 mm (6) M 2 ALTERNATIVE PIPE ICULVERT F 225 450 4 4 650012 375 mm (15) M 2 REINFORCED CONCRETE PIPE 325 650 25 650014 450 mm (18") M 68 REINFORCED - CONCRETE PIPE 150 10,200 26 650018 600 mm (24") M REINFORCED CONCRETE PIPE 160 1,760 27 710001 SEWER MANHOLE EA RECONSTRUCTION 1,250 1,250 28 731502 MINOR CONCRETE M3 184 (MISCELLANEOUS CONSTRUCTION) 327 60,168 29 751001 MISCELLANEOUS KG 462 IRON AND STEEL 3.50 1,617 30 840000 SIGNING AND LS I — STRIPING 13,000 13,000 31 860402 LIGHTING LS 1 10,000 10,000 32 861497 MODIFY SIGNAL LS AND LIGHTING 63.700.06 63,700.06 33' :991 9: 9 9: MOBILIZATION LS 1 30,000 30,000 SUBTOTAL PROPOSAL SCHEDULE B TOTAL PROPOSAL SCHEDULE A AND B One million four hundred thirty eight thousand WRITTEN IN WORDS: three hundred and twenty three DOLLARS AND nineteen CENTS $ 1,438,686.19 Heritage Engineering Construction, Inc. S/Alfred V. Bitetti, Jr. President/Secretary BIDDER AUTHORIZED SIGNATURE/TITLE P-7 (909) 397 -4000 P.O. Box 850, Ontario, CA 91762 BIDDER'S TELEPHONE NUMBER BIDDER'S ADDRESS 595284 May 31, 1998 CONTRACTOR'S LICENSE NO. EXPIRATION DATE P.O. Box 850, Ontario, CA 91762 (909) 397 -4000 CONTRACTOR'S ADDRESS CONTRACTOR'S TELEPHONE NO. P-8 I I u 1 t 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 Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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 5/97 [1 `i Page 2A ' 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." i f I t II All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 595284 — A Contractor's License No. & Classification Heritage Engineering Construction. Inc. Bidder May 23, 1997 S/ Alfred V. Bitetti, Jr. President /Secretary Date Authorized Signature/Title 1 ' ' 5/97 1 1 1 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 represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 1. 2. 3. 4. 5. 6. 7. . 8. 9. 10. 11. 12. Subcontract Work Subcontractor Address 4030 Grand Avenue ACL Const. Barrier Rail Pomona, CA Remove Curb S Cutter 190 Harrison Street Calmex fi A/C Paving Corona, CA 331 Levis Vista Steel Co- Rebar Ventura CA Vandell Way Avar Prestress Steel Campbell, CA Heritage Engineering Construction, Inc. S /Alfred V. Bitetti, Jr. President /Secretary Bidder Authorized Signatureffitle 5/97 i 1 i 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 23 , 1997 before me, Tracy A. Thomas, Notary Public , personally appeared Alfred V. Bitetti. Jr. , ® personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(r4 whose name(-&) isAve subscribed to the within instrument and acknowledged to the he!sheAhey executed the same in hislherM;& authorized capacity(ies), and that by his1heFAheiF signature(-&) on the instrument the person(-&), or the entity upon behalf of which the person(-&) acted, executed the instrument. o�ati�aa � WITNESS my hand and official seal. ^c«� -T MY omm Boo Moy Is.20011 r li SIGNATURE OF NOTARY **** * * * * * * * *r * * * * * * *r * * * * * *r * * « * * ** OPTIONAL ** a * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEYAN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Heritage Engineering Construction, Inc. DESCRIPTION OF ATTACHED DOCUMENT INSTRUCTIONS TO BIDDERS TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES May 23, 1997 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I Ll rl 7 L CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 23 . 1997 before me, Tracy A. Thomas, Notary Public , personally appeared Alfred V. Bitetti, Jr. , ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose names) is4Fe subscribed to the within instrument and acknowledged to the heAheAhey executed the same in hislheFltheiF authorized capacity(ies), and that by hisrhorAheiF signature(s) on the instrument the person(s3, or the entity upon behalf of which the persons) acted, executed the instrument. 1Rr1LYA1fgMN WITNESS my hand and o I seal. C+om won 11oma WA� � *C WM F"ffl Moy I& 20M ° SIGNATURE OF NOTARY **** * « * * * * * * * * * * * * «r * * * * * * * * * * * * * ** OPTIONAL * r** * * *r * * *r * * * *t * * * * * * * * * * * * * * * * ** Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL r ® CORPORATE OFFICER President/ Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT DESIGNATION OF SUBCONTRACTORS. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Heritage Engineering Construction, Inc. SIGNER(S) OTHER THAN NAMED ABOVE 1 . 1 1 LI Ii 1 .1 i 1 �1 i 1 �1 I 1 Page 4 BIDDER'S BOND Ne; the undersigned Principal and Surety, our successors and assigns, executors, heirs snol,administrators, agree to be jointly and severally held and firmly bound to the City of tdmkport Beach, a charter city, in the principal sum of Ten Percent of the bid dollars TQ %" ?, to be paid and forfefted.to the City of Newport Beach if the bid proposal of the uniteisigna! Principal for the construction of $inch Street Principal for at State Route 73 (title of project and contract no.) in tha City of Newport Beach, is accepted by the City Council of the City of Newport Beach and ;3he.pinpo§ed coritract;is awarded to the Principal, and the Principal fails to duly enter into and excaute the Contract Documents for the construction of the project in the form required within ten days (10) (riot. indUding Saturday, Sunday, and federal holidays) after the date of the maiting:of Notice o f-Award; otherwise this obligation shall become null and void. !f the undersigried:Pdncipai executing this Bond is executing this Bond as an individual, Jt';ls: agreed that the death of 'any such Principal shall not exonerate the Surety from its abggations'underthis Bond. Arim our hands this 21rd day of May 19 97, t. of Maryland on,Inc. Fidelity and Deposi Mark E.Shreckengast,A orney in Fact Print Name & Title by: Signature of Attorney in -fact (Notary acknowledgment of Principal & Surety must be attached) LL PMOSE ACI{NOWLEDGEi E,NI T STATE OF CALIFORNIA ) S.S. ' COUNTY OF 1_0S AngaleS ) On May 23,1997 before me, ' R.Ian a personally appeared Mark E.Shrec en as g X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(9() whose name(a) is /a;rxx subscribed to the within instrument and acknowledged to me that he /sdxajZtxayx executed the same in authorized capacity(ieTEa0, and that by his /)(i;@AA% k;A�K signature(a) on the instrument the person(.%) or the entity upon behalf of which the person(*) acted, executed the instrument. ' ...... ..r ............................ WITNESS my hand and official seal, R. LANCE ADAIR (SEAL) tit comm. #1106675 G S NOTARY PUBLIC • CALIFORNIA S 2 LOS ANGELES COUNTY 2 My Cgnm. Expires July 24, 2000 • Signature of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data ' below, doing so may prove invaluable to persons relying on the document. ' Individual(s) Corporate Officer(s) and Titles and Partner(s) Limited General _2 _Attorney -in -Fact Trustee(s) Guardian /Conservator Other: Surety Signer is representing: ' ATTENTION NOTARY: Although the information requested below is ' optional," it could prevent fraudulent attachment of this certificate to unauthorized document, Title or type of document: Number of pages: Date of document Signer(s) other than named above: ' THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE t wple:U6nuXuknowl4(rn 1219!) . q, +. Vur. a:.a:knuwlgUcv 12: y' -1 Power of Attorney ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BALTIMORE. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice - President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article ' VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Mark E. Shreckengast of Los /Angeles, California.......................................... A........................ its true and lawful agent and Attorney -in -Fact, to make, execute, deliver e° d on its behalf as surety, and as its act and deed: ' any and all bonds and undertakings.... .......................... 0 ' An a execution of such bonds or undertakings in pu of thesee tts, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been ecuted owledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own prope S. Th' wer of attorney revokes that issued on behalf of Mark E. Shreckengast Ed Ocj�b i 1993. 11 1 1 11 The said Assistant Secretary does hereby ce the extraEc� {orth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is force. Zf IN WITNESS WHEREOF, the said Vice- ent and I mn Secretary have hereunto subscribed their names and affixed the Corporate Seal of [he said FIDELITY A EPOSIT C Y OF MARYLAND, this_______ 8th —__day of - ___-- ___Se_ptembez__ -,_ 19 ®ran ;,?AND SIT COMPANY OF MARYLAND ATTEST: BY rctary Vice -Pr ru STATE OF MARYLAND COUNTY OF BALTIMORE ( SS: On this__$th _ -day of- J-- ,September_-, A.D. 19_94, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice- President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, J have hereunto set my hand and affixed my Official Seal the day and year first above written. ZAr g C� %�°1�, CAROL J. FADER Notary Public ��++otFr My Commission Expires ___________Au $ ust I 1996 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ___23rd day of ------ 1997. 11121-012- 3605 _---------------------� --ia,- ---- – Assisranr Secrerary l� 1 i t 1 1 I CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 23 , 1997 before me, Tracy A. Thomas, Notary Public personally appeared Alfred V. Bitetti. Jr. ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isFafe subscribed to the within instrument and acknowledged to the hel6hetthey executed the same in hisiherlthei authorized capacity(ies), and that by his hel:/A,eiF signatures) on the instrument the personal, or the entity upon behalf of which the persons) acted, executed the instrument. �nip oo+r WITNESS my hand and ial seal. tbwrf�c�c— aanoa+o a Rwl>Idrioargy — SIGNATURE OF NOTARY *** e* *r * * *r * * * * * * * *r * *r * * *r * * *r * * * *r OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Heritage Engineering Construction Inc. DESCRIPTION OF ATTACHED DOCUMENT BIDDER'S BOND TITLE OR TYPE OF DOCUMENT 1 NUMBER OF PAGES May 23, 1997 DATE OF DOCUMENT MARK E.SHRECKENGAST SIGNER(S) OTHER THAN NAMED ABOVE I 1 Page 5 NON - COLLUSION AFFIDAVIT ' State of California ) ) ss. County of 4o5A n e es ) ,���Fra% 1%%3:�e�{r� e�w• being first duly sworn, deposes and says that he or she is President% ' -secorkev of NrrtAgr �vra :nrrr;rnCausFrufiar.Twc the party making the foregoing bid; that the bid is not nim1p in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the ' bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any ' advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1 I declare under penalty of perjury of I true and correct. l�Pr lTASC�i7ynrtwin�W�S7YU�/��'!C• Bidder Subscribed and sworn to before me thiA(3 day of �� 1911-1 [SEAL] Notary Publi ! 1NCYAWKWA My Commission Expires: #VW4 t N*WI- WAWOCOWY ANCemn e�pta May to 100D 5/97 resisee. I 1 i 1 1 1 1 i i i 1 i 1 i C] L 1 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 23 , 1997 before me, Tracy A. Thomas, Notary Public , personally appeared Alfred V. Bitetti. Jr. , ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(e; is/are subscribed to the within instrument and acknowledged to the helGheAhey executed the same in hWhe#theif authorized capacity(ies), and that by hisiherltheil: 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 offi i seal. �ar�aa— ca,ro�n+a �M�rnn eq�1w Nwr 1S,10m SIGNATURE OF NOTARY ** er* trrr * *t *rt * *tr *t * * *tr *t * *t *t * *t OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TECHNICAL ABILITY & EXPERIENCE REFS. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Heritage Engineering Construction, Inc. SIGNER(S) OTHER THAN NAMED ABOVE ;r r r r r r r r i r r r r i i r r f r P 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 /she has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Numbe r Please See Attached Proiect List. Heritage Engineering Construction, Inc Bidder 5/97 S /Alfred V. Bitetti. Jr. President /Secretary Authorized Signature(Title I 1 I i 1 1 CO U F- ? 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C) z LU < Eai I'm 0 M 0- 0 > > -ia Co M jc m ro CIO 10 0 0 0 10 0 0 0 D :U) :C) m co co m m M ca co m m m M :ca m M iN !N im m co m CL X cn M 0 w U H t z O 4j U iR Q aLO �{ J N kD O 0 rn u Co o 0 W 0 I V tp a, p W O > M w m `o cmon o w z Z vl `m m m v E c ' o It O C7 m Q Z (L a c > a m O � a J Q 'Z v E o O o O rn rn M p L W fn a $ ' o ~ Z ri J O U w LL M � Z m t w 5 > LL W W N O � m p = F- w m ' w m p U) p p w m CF ' H V' L N m U ri 1 co � O mC n� m N � 0 0 � a •- -J i m Z L Z U 05.i= O `�� m N r C U UUOOQ ' (D Z w O ~ M N a% E OD N c kD . i ' N V1 TZ C Q) fop m O U . < 2 J w W z z O U Q aLO J O 0 z w p W LL w m `o w Z O It O C7 Z a �OOU > O � J Q a 1D J m o m } m rn rn M p L W fn Ey p D o ~ Z ri J r-i O U w am O m > LL W W N LU m p = F- p H V' ri Z N N Z w O ~ M N a% OD N N V1 kD . i OD r-I N V1 N O 49 3 4 LL O z R O H a U � U g o U) yUQ7� a5 }1{ N w m p LL O w A! +i a Z U 9 p W z z O Q aLO J O 0 z w p W m p w w Q O It O C7 Z a I I > O � J Q a 1D U O 00 IV %0 IV } m p rn M p L W fn Ey w m ~ Z � J O U w am O m > LL W W N m p m p = F- m rn m a 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. ' LABOR AND MATERIALS 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) CONTRACT (Page 13) ' 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. The Labor and Materials Payment Bond and Faithful Performance 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. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract ` 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 Spec cations for Public Works Construction, except as modified by the Special Provisions. 1. 5/97 Bond No. 08033192 Premium included in FP Bond ' BOND NO. 08033192 ' LABOR AND MATERIALS PAYMENT BOND ' WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 9, 1997 has awarded to Heritage Rnginaering r-nncrrnrrine}1grAwfter designated as the "Principal;' a contract for 73 ,irch strept o0 ossing widening L (Contract No. _ n� 41 l in the City of Newport Beach, in strict conformity with the plans, dkawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 7931 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principars ' subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the ' State of California, as Surety, (referred to herein as "Surety n) are held firmly _bound unto the City of Newport Beach, in the sum ofOne mi i t ion four hundred thirty ejShbollars ( 6.19 lawful money of the United StatbIWAVeW, WE61% BYffWt Irk ttad ' amount payable by the City of Newport Beach under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. 'THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or ' machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, ' r withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an 1 amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. ' The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action ' to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of. time, 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 SI97 • F s 1 Page 8A 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 th ve named Principal and Surety, on the 16th day of June i 19 97 Heritage Engireerin4 Construction, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety Mod V. M0, Jr. PmJft ' 225 S.Lake Ave #700,Pasadena,Ca 91101 818 - 792 -2311 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED r I� 1 5/97 ..�x....r, .fix. _n p. �✓. .. °.cF ..�_,,, ..:.... '.a .�: ,:�,.;:.., m _ :�'. ". �rA'4 --'s a=_ e V L A-LL PURPOSE ACKNOWLEDGENMEN'T STATE OF CALIFORNIA ) S.S. CCUNTY OF J oc AngejeS ) �r On June 16.1997 before me, R - lanca Adair_ Public personally appeared r Mark E.Shreckengast , x personally known to me; or proved to me on the basis of satisfactory evidence to be the person(EX) whose name() is /a[r)c subscribed to the within instrument and acknowledged to me that he /sdxejktXayx executed the same in his /kXWAgi;9"g authorized capacity (iue.* , and that by hislk#Ajkk cy signature(a) on the instrument the person(s) or the .. entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. ;••••• •••••••••• ....................t .. (SEAL) _. R. 1111 1111R a C(MM. #1106675 G S "°� C\ NOTARY PUBLIC - CALIFORNIA S / 2 LOS ANGELES COUNTY 2 �• � � ������ �y��t� r �i. >„a> My Cmm. Expires July 24. 2000 Signature of Notary ----------------------------------------------------------------- Public e.... .....e ......................... CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the " document. .Individual(s) Corporate Officer(s) and Titles and Partner(s) Limited General _Attorney-in-Fact Trustee(s) Guardian /Conservator Other: Surety Signer is representing: ATTENTION NOTARY: Although the information requested below is optional," it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE wpk: Vomdacknow Ig(r.. 11192) y wp /.9fom6+cknuwlg(rcv 121921 �.�v:a° ' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' HOME OFRCE, BALTIMOPE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice - President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article ' VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Mark E. Shreckengast of Los Angeles, California. ............................... ......... .................. its true and lawful agent and Attorney -in -Fact, to make, execute, del iver>ttd on its behalf as surety, and as its ac[ and deed: any and all bonds and undertakings ..... G� ..... ....................... 0 An t e execution of such bonds or undertakings in put of these , shall be as binding upon said Company, as fully and ' amply, to all intents and purposes, as if they had been Q ecuted owledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper S. Thi *er of attorney revokes that issued on behalf of Mark E. Shreckengast,, a ed Oe 4, 1993. ' The said Assistant Secretary does hereby cert the extra rth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is Dp force. IN WITNESS WHEREOF, the said Vice - e and is t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AN POSIT C OF MARYLAND, this___________ 8th_._T_____- ____________day of ------------ _ -_ September -------- A.D. 19 SAND PI COMPANY OF MARYLAND ATTEST: SEAL # By Assisi tart' Vice -Pr nt $TATS OF MARYLAND CouN OF BALTAIORE t �' LJ On this_— $th ------ day of ------ A.D. 19 .94, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice - President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. W TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and you first above written. Og CAROL 7. FADER Notary Public Au us ___ My Commission Expires ------- CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." 6th IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ______ —___ day of -------- JUne ----------------------------- 19_ -9!. ' uaza 012 -3605 I ---- --- ------- --- -- - - -- - -- --------- --- 4Z: � ----------- - -- Assivant Secretary CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June16. 1997 before me, Tracy A. Thomas , Notary Public , personally appeared Alfred V. Bitetti, Jr. , ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose name(s3 islaFe subscribed to ❑helsheAhey executed the same in his4her4heiF authorized capacity(ie4o, and that by hWher t#eir signature(s4 on the instrument the person(e), or the entity upon behalf of which the person(e} acted, executed the instrument. »t�[wwaoMM WITNESS my hand and Ic seal. s Cam lsbm # 1097492 - ! CanIY My Cann EVlrft May 15.2000 r c SIGNATURE OF NOTARY *** * * * *r *ett *t * * * * *r * * * * * * * * *t * *tt OPTIONAL **** *a *tt * *tt * * * *t * * * * * * * * * * * *r * * ** Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Heritage Engineering Construction, Inc. DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIALS PAYMENT BOND. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 16, 1997 DATE OF DOCUMENT Mark E. Shreckengast SIGNER(S) OTHER THAN NAMED ABOVE r Bond No. 08033192 Premium $7,643.00 Final premium based on final contract---'-,'-, price Page 9 BOND NO X3192 FAITHFUL PERFOf161ANCE BOND (The premium charges on this Bond is $ 7,643.00 being at the rate of $ thousand of the Contract price. 100,000. @ 7.50/400,000. @ 5.50 Remainder @ 5.00 WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted June 9 1997 has awarded to Heritaste Env_inaorin construction, Inc. hereinafter designated as the 'principal ", a contract for State Route 73 Birch Street overcrossing Widening (Contract No., in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 2931 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Comply of Maryland duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of one zillion four hundred thirty ers $1,438,686. 9 lawful money of the United Stat 'f'6*/.%VM9 amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety-MI faithfully perform the r same, in an amount not exceeding the sum specified in this Bond; otherwi.!.se.this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, M alterations -or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. 5/97 ■ ■ ■ ■ ■ Page 9A 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-Prii)cipal and Surety above named, on the 16th day of June�83�j' Heritage Engineering Construction, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland By: ITIPIVI � Name of Surety Authorized Agent Mark E.Shrecken 225 S.Lake Ave, #700,Pasadena,Ca 91101 818 - 792 -2311. Address of Surety Telephone www, Jr. Pre ift.' in Fact NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED i ' 1. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June16. 1997 before me, Tracy A. Thomas . Notary Public , personally appeared Alfred V. Bitetti. Jr. , ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose names} is&-" subscribed to ❑helsheftey executed the same in hisAeFAheif authorized capacity(iW, and that by his'he he:F signature(s0 on the instrument the person(s), or the entity upon behalf of which the person(s3 acted, executed the instrument. WITNESS my hand an o I 'al seal. Co.- ONt0IWA Calniibn � 1097N2 NMVPJAC—CAOM lan"Ida Cants My Carat Emla/ May 156 20M SIGNATURE OF NOTARY ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT C] TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT FAITHFUL PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 16, 1997 DATE OF DOCUMENT Mark E. Shreckengast Heritage Engineering Construction, Inc. SIGNER(S) OTHER THAN NAMED ABOVE I1 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) S.S. COUNTY OF Los Angeles ) On June 16,1997 before me, R_1ancP Adair, Nntary Pnhlie personally appeared Mark E.Sh kengast X personally known to me; ' or proved to me on the basis of satisfactory evidence to be the person(() whose name(a) is /arm subscribed to the within instrument and acknowledged to me that he /sdxellA:dxayx executed the same in his /k*Akpb* (g authorized capacity (ia,* , and that by his /i�G(& signature(%) on the instrument the person'(at) or the entity upon behalf of which the person(*) acted, executed the instrument. WITNESS my hand and official seal (SEAL) Signature of Notary Public V CAPACITY CLAIMED BY SIGNER: • R. LANCE ADAIR Gi R COMM. #1106675 p S '°' NOTARY PUBLIC • CALIFORNIA S 2 LOS ANGELES COUNTY 2 Q My Canm. Expires Jury 24. 7UGD .w..o 0e....• ...... ••.......wq••i Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. .Individual(s) Corporate Officer(s) and Titles and Partner(s) Limited General _Attorney -in -Fact Trustee(s) Guardian /Conservator Other: Surety Signer is represen ■ ATTENTION NOTARY: Although the information requested below is ' optional," it could prevent fraudulent attachment of this certificate to unauthorized document. ' Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE wp/c:kAonu%ackn"ic(rcv 12/92) wp /a:VonnbcknuwIC(rcv 12W) SENT BY:Xeru TClecopier 7020 ; 7- 8 -97 ;11�26AM 1 HUMAN RESOURCE54 Tolman 6 Wiket Ina. P.U. Box :388 Ventura, CA 93002 n—A' L/ Heritage Engineering Construction P.O. Box 850 Ontario, CA 91762 THIS IS TO CERTIFY THAT POLIO INOICATEO. NOTWITHBTANDNO CERTIFICATE MAYBE 199UE001 TERMS, E%CWBIONa, ANO CONC TYPSOF INSURANCE COMMERCIAL CONPRENENSIVE OWNERS &CONTRACTORS PROTECTIVE GONTRACTVAL FOR SPECIFIC CONTRADT PRODUCTE=MPLETEO OPERATION %CU HAFARDS BROAD FORM PROPERTY DAMAGE SEV4151ABILITY OF INTEREST CLAUSE P, I. WITH EMPLOYEE EXCLUSION N REMOVED MARINE AUTOMOBILE LIABILITY ANY AUTO ALL 01VNe0 AUT09 EOHEOULED AUTOS [� HIRAD AUTO$ 9 NON.OWNEDAUTOS OARAOR UAS?UTY EXCESS LIABILITY UMBRELLA FORM S . OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION k EMPLOYERS' LIABILITY TYCO IS NOT OF INSURANCE"' . I_. COMPANIES AFFORDING COVBRAOE COMPANY A L2TTRR Clarendon America Ias. COMPANYE The Travalaro IndamDity LeTTER CCOMMPEARNYC Caneral Security Ina. C LurT COMPAe Y n -- BEEN ISSUEO TO THE 6/19%97 16/19/98 7MCAP266T1�11TC796 111/1/96 11111/97 1601 111/1/96 11 . . •Xf .cg,2 •;,... .. . ... ALL LP41TS IN THOUSANDS GENERAL AGGREGATE 52,OD0 oPERAnoNa AGGREGATe PPEPATI S MGMA S 1 , 000 L PERSONAL IWWAY $1,000 (EACH BICE $1,D00 yyDf LN s 50 MEDICAL EAPENSEB S S )ANY ONE PERSON) SINV SICOMNew LIMIT S 1,000 BODILY INJURY $ (PER PC."ON) BOOILYINJURY $ (PERACCIORM $ GPROPIERTY ADGREOATfi 06e 54,000 54,000 .., "" I 1 1 DESCRIPTION OF OPERAnON4, LOCATIDNSAIEHICLEBIRrSTiUCTION 'S.'BPECUL ITEMS: ALL OPERATIONS PERFORMED FOR T}iE CITY OF NCWPOR7 BEAON BY DR ON aEHALF OF YHE NAMED!NSURE0 IN CONNECTION WITH, EYT NOT 4MRiD TO THE FW.LOWI mCONTRAC'D State 1kr,e_ T3, Birct•1 Srrgct (rjercro>s uTiA centFHfi° i0�1 NLOJeerTrrxAND ACTNUMeac CERTI CATEHOLDER CANCELLATION ADDJWIONALLY INSURED BMOULD ANY OF THE ABOVE OE9CAIBBD POLICIES BE NON.PENeWED, CANCELLED OR CITY NEWPORT BRACH COVI.'a.AEDUCBD 96FORE THE EXPIRATION DATE THE COMPANY AFFOROINO P.O, R X 1764 COYERADE SHALL PROVIDE BB DAYS MINIMUM ADVAN06 NOTICE TO THE CITY OP 3300N WPO9 BOULEVARD NEWPORT Beam by FIRST CLASS IL 4EW?dfT REACH, CALIFORNIA 42658.8915 QV a ATTR ON:.jESE0t HerU= I AVTHOR01)REPRESBM'ATIVE IBBUBDATE u1 h&)-r d0 'd P991666PIL 'ON Xd.d 3ONVNnS -ld0 Wd 6020 3(11 L6- 90 -Inf WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY " CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will ;not enforc:E our right against the person or organization named in the Sohedule, (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while Ong gad in the work described in the Schedule. The additional premium for this endorsement shall be SZ of the California workers' compensation premiurr ' otherwise due on such remuneration. ' Schedule Person or Organization Job Description CITY OF NEWPORT BEACH STATE ROUTE 73 BIRCH STREET P.O. BOX 1768 OVERCROSSING WIDENING 3300 NEWPORT BLVD. CONTRACT iC -2931 - NEWPORT BEACH, CA 92658 -8915 ' Jl� 6/20/97 TK i II IF This endorsement changes the policy to which attached and is effective on the date issued unless otherwise slated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) ' . Endorsement Effective 6/20/97 'Policy No. WCC167924422 Endorsement No. Insured HERITAGE ENGINEERING CONSTRUCTION, INC. WOD40306 (m. 04 -64) Countersigned by ,2ziz �J 9p1N'TRn;ttJ it c o CERTIFICATE'OFMURANCE := - . _20_ PRODUCER COMPANIES AFFORDING COVERAGE DAVIS 6 GRAEBER INSURANCE 'SERVICES, INC. COMPANY A 470 E. RICHLAND AVENUE LETTER CONTINENTAL CASUALTY P.O. BOX 40 COMPANY B REDLANDS- CA 92373 LETTER INSURED COMPANY C HERITAGE ENGINEERING CONSTRUCTION. INC. LETTER LETTER YD P.O. BOX 850 LETTER ONTARIO, CA 91762 YE LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSLWANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. CO POLICY EFFECTIVE EXPIRATION TR TYPE OF INSURANCE NUMBER DATE DATE ply, LIMITS IN THOUSANDS GENERAL LIABILITY (OCCURENCE BASIS ONLY) GENERAL AGGREGATE $ COMMERCIAL COMPREHENSIVE PRODUCTSICOMPLETED $ OPERATIONS AGGREGATE OWNERS B CONTRACTORS PROTECTIVE CONTRACTUAL FOR SPECIFIC PERSONAL INJURY $ CONTRACT PRODUCTSICOMPLETED OPERATION EACH OCCURENCE $ XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE FIRE DAMAGE (ANYONE FIRE) $ P. I. WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY �c COMBINED S LE LIMIT $ ANY AUTO �'U �JY � -• Y � + BODILY RY $ ALL OWNED AUTOS S R P ) SCHEDULED AUTOS _.. BODILY INJ $ HIRED AUTOS F'.- (PER T) NON -OWNED AUTOS PRO PE GARAGE LIABILITY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURENCE UMBRELLA FORM OTHER THAN UMBRELLA FORM srATUTORr $ $ WORKERS' COMPENSATION 1 1,000,000 EACH ACCIDENT A & I CC167924422 3/13/97 3/13/98 $ 1,000,000 DISEASE- POLICY LIMIT EMPLOYERS'LIABILITY $ 1 000 000 DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATGNSI LOCATION SNEHICLESIRESTRICTIONSSPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH. BUT NOT LIMITED TO THE FOLLOWING CONTRACT: STATE ROUTE 73 RTRT91 STREET OVERCROSSTNT_ WIDENING CONTRACT lC -2931 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE:HOLDER „a.' ..;;,'.., .CANCELLATION ., ;'.;;: -:c: , , (,. : ,,,...� :•r,I ADDITIONALLY INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON- RENEWED, CANCELLED OR CITY OF NEWPORT BEACH COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING P.O. BOX 1768 COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF 3300 NEWPORT BOULEVARD NEWPORT BEACH BY FIRST CLASS MAIL. NEWPORT BEACH, CALIFORNIA 92658 -8915 ATTENTION: AUTHDRlZEDiiFiESd=V V ISSIE DATI _t r• - o-.:.:..2 .. - e— .rem -� `=nA. .� u '' +"��F,.ii... n s��. , ?: �,�, 5,� I I' 1' WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY' CALIFORNIA WAIVER OF OUR RIGHT TO, RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will 'pot enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that yot perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while eng�gad in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the Califomia workers' compensation pramiurr otherwise due on such remuneration. Person or Oroanization CITY OF NEWPORT BEACH P.O. BOX 1768 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 -8915 6/20/97 TK Schedule INSURANCE APP Job Description STATE ROUTE 73 BIRCH STREET OVERCROSSING WIDENING CONTRACT IC-2931 lJ i This endorsement changes the policy to which attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 6/20/97 Policy No. WCC167924422 Endorsement No, Insured HERITAGE ENGINEERING CONSTRIICTION, INC. i ' W0040306 JED. 04 -84) Countersigned b�JAI�J Pmm-r; n. im it A a ' 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. ' 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed ' by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. ' 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard ' (commonly referred to as "XCU" hazards) are deleted. 5. 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: r 11 M 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). ' 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. ' 5/97 Page 11A 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: State Route 73 Birch Street Overcross3pg Widening Contract C -293 Project Title and Contract No. 1 This endorsement is effective 6/19/97 at 12:01 a.m. and forms a part of Policy No.TNC06989705D18 1a" ndon AMPriea (Company Affording Coverage). Insured: Heritage Fnginaoring Endorsement No.: ISSUING COMPANY By: t - — horized Representative Tolman & Wiker Ins. INSURANCE 5/97 µ ' Page 12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City ' of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the Contract ' designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily, injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional ' insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." ' 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1 of this endorsement shall be the limits indicated below for either Multiple ' Limits or Single Limit: () Multiple limits Bodily Injury Liability $ per person F 1 ' 5/97 Bodily Injury Liability Property Damage Liability (4 Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 per accident The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. Paged2A 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 ContractAtate Route 73 Birch Street overcrossing Widening Contract C -20131 Project Title and Contract No. T hi 0 endorsement is effective 6/19/97 at 12:01 a.m. and forms a part of Policy NO EECAP266T17#TCT96 Travelers Ind. (Company Affording Coverage). C. Insured: Heritage Engineering Endorsement No.: ISSUING COMPANY By-- L 1 4)0-4r.� -- orized Representative Tolman S Wiker Ins. 5/97 Page 13 THIS AGREEMENT, entered into this 9,u day of 7,...e 19W, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Roritago Rnginanrinv Construction, Inc. , hereinafter "Contractor," is made with reference to the following facts: A. City has advertised for bids for the following described public work: State Route 73 Birth Street overrrnaaino widening ("Project") 2931 Project Description Contract No. B. Contractor has been determined by City to be the lowest responsible bidder and Contractors bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifi- cations. NOW, THEREFORE, the City and Contractor agree as follows: CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Plans, General Conditions, Standard Plans and Specifications, Plans and Special Provisions for Contract No. 9�a , Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the °Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. The Contractor is required to perform all activities, at no extra cost to the City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one million four hundred thirty eight thousand six hundred eighty six and nineteen cents Dollars ($ 1,438,686 19 j. 5/97 a 11:. �.ss I. ' Page 14 This compensation includes: (a) Any loss or damage arising from the nature of the work, An loss or damage arising from any unforeseen difficulties or obstructions ' in the - performance- of-the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, ' but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to ' acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, . before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment ' shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. ' 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mails, postage ' prepaid, directed to the address of the Contractor and to the City, addressed as follows: ' cITY CONTRACTOR BERITAGE ENGINEERING CONSTRUCTION, INC. ' 11244 Pipeline Ave. Pomona, CA 91766 ' 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: 'at am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or ' undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract. ` f Page 15 ' Insurance is to be placed with, insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. I L� I A. Contractor shall furnish the City with certificates of insurance and with original endorsenmrftss effecting coverage required by this Agreement. The certificates and endorsemer7s­T6-r each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, on forms provided by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. IN HIg Mil 1141NO P►1;ITRUM� ' Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (ad. 1/73) covering Comprehensive General Liability and ' Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured ' Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. ' B. MINIMUM LIMITS OF INSURANCE ' Coverage limits shall be no less than: 1. General Liability: $5,gpt�(7fYlmombined single limit per occurrence for bodily iNyryji*rsonal._injury .and property damage. If Commercial Liability Insurance -- -`-'—"or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general ' aggregate limit shall be twice the required occurrence limit 5/97 U; IPage 16 2. Automobile Liability: $ 5.PT.00O•OO combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers er accident. ' C. DEDUCTIBLES AND SELF - INSURED RETENTIONS Any deductibles or self- insured retentions must be declared to and approved t by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 1 5 /B7 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages ' a. The City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, including the ' insured's general supervision of the Contractor; products and completed operations of the Contractor; premises owned, occupied or ' used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, ' officials, employees or volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any ' insurance or self - insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. t C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers,_ officials, employees ' and volunteers. v - - --d—.—The- tractor's insurance shall apply separately to each insured t - - -- against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 1 5 /B7 III Page 17 e. The insurance afforded by the policy for contractual liability shall ' include liability assumed by the contractor under the indemnification /hold harmless provision contained in this Agreement. ' 2. Wo er tionaand`Em Foyers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its ' officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ' 3. All Coveraaes Each insurance policy required by this clause shall be endorsed to state that ' coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. ' E. Acts of God: Pursuant to Public Contract Code Section 7105, the CONTRACTOR shall not be responsible for the repairing and restoring damage to Work, when ' damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. ' F. Right to Stop Work for Non - Compliance: The City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) ' which become due to the CONTRACTOR hereunder until the CONTRACTOR demonstrates compliance with the requirements of this article. ' 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. The City and all officers, employees and representatives thereof shall not be ' responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from ' the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. ' B. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project. C. The Contractor shall indemnify, hold harmless, and defend the City, its officers and ®m- loyees,.frorn_and_ against (1) any and all loss, damages, liability, claims, -_ allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions ' of Consultant, its employees, agents or subcontractors in the performance of ' 5/97 1� rPage rN 18 services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted ' by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contr hall not be required to indemnify or defend City from the sole negligence or willful misconduct -of City, .its. officers or employees. D. To the extent authorized by law, as much of the money due the Contractor under r and by virtue of the Contract as shall be considered necessary by the City may be retained by it until disposition has been made of such suits or claims for damages ' as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the r terms of this Agreement. r F. The rights and obligations set forth in this Article shall survive the termination of this Agreement 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and all r other Contract Documents by the Contractor is a representation that the Contractor has visited the Project Site, has become familiar with the local conditions under ' which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. rll, r/// I/// 5/97 rN 5/97 i Page 19 10. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By. . ' ITY C K AYOR ' APPROVED AS TO FORM: ' Herit:age �crineering Oasst=uCt-ion. Inc. .. ! CITY ATTORNEY Name of Contractor ATTEST: By:. . - CITY CLERK 'KXuthorizefoature and Title ed V. Bibettl, Jr. PMJSM FAcaWebbieWM.dx RC -da 05-07 -97 s /s7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June16. 1997 before me, Tracy A. Thomas . Notary Public personally appeared Alfred V. Bitetti. Jr. , ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons} whose names; iskewe subscribed to ❑heJsheAhey executed the same in his4ie4theif authorized capacity(iea3, and that by hIS%118 hAiF signatures} on the instrument the person(s4, or the entity upon behalf of which the person(s4 acted, executed the instrument. WITNESS m ha an o ial seal. MACYA1140 Ab cwwab r. M97492 tbgypib�e— cdroll+o tawlydocanb My Corm. ovkm May I& tom SIGNATURE OF NOTARY *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT AGREEMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES June 9, 1997 DATE OF DOCUMENT Heritage Engineering Construction, Inc. SIGNER(S) OTHER THAN NAMED ABOVE t 1 1 t BIRCH STREET OVERCROSSING AT ADDENDUM NO. 1 SUMMARY 1. The bid opening for this contract is rescheduled. the office , of the City Clerk, 3300 Newport BOL Beach, California 92659 -1768 until: 2. 3. 4. 5. 11:00 A.M. on the 23rd of May, at which time such bids will be opened and read. TE ROUTE 73 bids may be received at P.O. Box 1768, Newport A pre -bid meeting (attendance optional) was held onjMay 6, 1997 in the Newport Beach City Council Chambers. An attendance list is i cluded with this addendum. The following set of plans are hereby included and BIRCH STREET WIDENING (Sheets 1 through 17, inclush As prepared by Willdan Associates, dated May 9, 1 c of these plans is included with this addendum. Ad size; full set or individual sheets) can be order Consolidated Reprographics, 3182 Pullman Street, (attention: Rick Berlotti: 714 - 751 - 2680). The En shown on these plans is $405,000. Substitute the enclosed PROPOSAL pages P -1 Addendum. Substitute the enclosed sheets of CONTRACT Instructions to Bidders ................... Designation of Subcontractor(s) ........... Bidder's Bond ......................... Non - Collusion Affidavit ................. . Technical Ability and Experience References. Bidder DBE Information .................. Notice to Successful Bidder ............... Labor and Materials Payment Bond ........ Faithful Performance Bond ............... General Liability Insurance Endorsement .... part of this contract: One set of half -size prints anal prints (full -size or half - (at bidder's expense from sta Mesa, California 92626 :er's estimate for the work P -8 contained in this listed herein: .... Pages 2 and 2A .... Page 3 .... Page 4 .... Page 5 .... Page 6 .... Page 6A .... Page .... Pages 8 and 8A .... Pages 9 and 9A ..... Page 10 and 10A r ' Automobile Liability Insurance Endorsement ....... Pages 11 and 11A Agreement .. ............................... Pages 12,12A, 12B ' 12C and 12D ' 6. The specified goal for DBE participation for this project is five percent (5 %). It has come to the City's attention that some (possibly all) of the organizations and phone numbers listed in Section 2 -1.03 of the Special Provisions are no longer valid. ' Bidder's are directed to utilize other resources. 7. Clarifications, modifications and additions to the Special Provisions are discussed ' in more detail in the following sheets of this Addendum. 8. Bidders must sign Sheet No. 1 of this Addendum and attach it to the Bid ' Proposal. No bid will be considered unless Sheet No. 1 of this Addendum is signed and attached. 1 1 11 lI,. Replace the appropriate portion of TABLE OF CONTENTS with the following: J 10 -1.36 PAGE CONCRETE STRUCTURES ......................... 10 -34 10 -1.37 STRUCTURE APPROACH SLABS (TYPE N) ............ 10-41 10 -1.38 DRILL AND BOND DOWELS ..... 1045 10 -1.39 SEALING JOINTS ........... ... . ................ .. 10-46 10 -1.40 REFINISHING BRIDGE DECKS ....................... 10-46 ' 10 -1.41 REINFORCEMENT ...... ..........................10 -49 10 -1.42 ROADSIDE SIGNS .. ............................... 10-64 ' 10 -1.43 10 -1.44 REINFORCED CONCRETE PIPE ....... . ............. SEWER ......................................... 10-64 10-65 10 -1.45 SLOPE PAVING .... ............................... 10-66 ' 10 -1.46 10 -1.47 MISCELLANEOUS CONCRETE CONSTRUCTION ....... MISCELLANEOUS IRON AND STEEL ................. 10-67 10 -67 10 -1.48 CHAIN LINK RAILING .............................. 10-67 ' 10 -1.49 10 -1.50 CONCRETE BARRIER .............................. THERMOPLASTIC TRAFFIC STRIPES AND 10-67 PAVEMENT MARKINGS ............................ 10-67 ' 10 -1.51 10 -1.52 PAINT TRAFFIC STRIPES AND PAVEMENT MARKINGS PAVEMENT MARKERS ............................. .. 10-68 10-68 10 -1.53 ABANDON CULVERTS AND PIPE LINES Addendum No. 1 page 8 10 -1.54 ABANDON INLETS ................. Addendum No. 1 page 8 10 -1.55 ABANDON MANHOLES .............. Addendum No. 1 page 9 10 -1.56 ADJUST FRAMES AND COVERS TO GRADE ................ ' .. ............................... Addendum No.1 page 9 10 -1.57 RELOCATE NEWS STAND ........... Addendum No. 1 page 9 ' 10 -1.58 10 -1.59 REMOVE DRAINAGE FACILITIES ..... Addendum No. RELOCATE FIRE HYDRANT .......... Addendum No. 1 page 9 1 page 9 10 -1.60 PRIVATE PROPERTY IMPROVEMENTS Addendum No. 1 page 9 ' 10 -1.61 SECTION 10 -2 HIGHWAY ALTERNATIVE PIPE ............... Addendum No. 1 PLANTING AND IRRIGATION SYSTEMS ......... page 12 10-68 10 -2.01 GENERAL ............. ..........................10 -69 10 -2.02 EXISTING HIGHWAY PLANTING ..................... 10 -69 10 -2.03 10 -2.04 MAINTAIN EXISTING PLANTS ....................... EXISTING HIGHWAY IRRIGATION FACILITIES .......... 10-69 10-69 10 -2.05 CHECK AND TEST EXISTING IRRIGATION FACILITIES ... 10 -70 ' 10 -2.06 10 -2.07 MAINTAIN EXISTING IRRIGATION FACILITIES .......... REMOVE EXISTING IRRIGATION FACILITIES 10 -71 .. 10 -72 10 -2.08 RELOCATE EXISTING IRRIGATION FACILITIES ......... 10 -72 10 -2.09 HIGHWAY PLANTING MATERIALS ................... 10 -73 10 -2.10 PLANTING ........... ..10 -74 10 -2.11 IRRIGATION SYSTEMS ............................. 10 -74 J ' PAGE 10- 2.11.01 IRRIGATION SYSTEMS FUNCTIONAL TEST ....... 10 -74 ' 10-2.12 PAYMENT ........ ............................... 10 -75 SECTION 10 -3. SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS ......... 10 -75 10 -3.01 DESCRIPTION ......... ..........................10 -75 10 -3.02 COST BREAK -DOWN .............................. 10 -75 ' 10 -3.03 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEM ... ..........................10 -76 10 -3.04 STANDARDS, STEEL PEDESTALS AND POSTS ......... 10 -76 10 -3.05 CONDUIT ......... ............................... 10 -77 10 -3.06 PULL BOXES ...... ............................... 10 -78 ' 10 -3.07 10 -3.08 CONDUCTORS AND WIRING ........................ VEHICLE SIGNAL FACES AND SIGNAL HEADS ......... 10 -78 10 -78 10 -3.09 PEDESTRIAN SIGNALS ............................ 10 -78 ' 10 -3.10 10 -3.11 DETECTORS ...... ............................... MAGNETOMETER DETECTORS ..................... 10 -78 10 -79 10 -3.12 LUMINARIES ........... ..........................10 -83 ' 10 -3.13 INTERNALLY ILLUMINATED STREET NAME SIGNS ..... 10-83 10 -3.14 PHOTOELECTRIC CONTROLS ...................... 10-83 10 -3.15 PAYMENT ........ ............................... 10 -83 APPENDIX ' • Standard Plans • Construction Funding Signs [1 11 CITY OF NEWPORT BEACH NOTICE INVITING BIDS CONTRACT NO. C -2931 ' Replace the first paragraph with the following: ' Sealed proposals for the work shown on the plans entitled: BIRCH STREET OVERCROSSING AT STATE ROUTE 73 ' will be received at the Office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, California 92658 -8915, until 11:00 am on May 23, 1997, at which time ' they will be publicly opened and read at said address. 1 1 ' N -1 SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS Add the following after the second paragraph: The work in Birch Street north of North Bristol Street as shown on the City of Newport Beach Department of Public Works' plans entitled Birch Street Widening shall be included and attached to the Project Plans for Construction in Orange County in Newport Beach at and near Birch Street Overcrossing at State Route 73. The work shown on the aforementioned plans shall be done in accordance with the State of California • Department of Transportation Standard Specifications, and the Standard Plans dated July 1995, of the California Department of Transportation (Caltrans) insofar as the same may apply, in accordance with these special provisions and Addendum No. 1. 1 -1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II BIRCH STREET OVERCROSSING AT STATE ROUTE 73 PRE -BID MEETING - MAY 6 ,1997 SIGN UP SHEET Name Firm Bill Patapoff City of Newport Beach Emmet Berkery City of Newport Beach Chris Turnbull Willdan Associates - Traffic Jaime Chang Willdan Associates - Structures Greg McMurtrey CRSS Constructors Shawn Mehv Sunpeale Construction Steve W. Aman Aman Environmental Alan Perkovich Griffith Co. Mario Maldonado Pacific Marine Construction Terry Kelley Willdan Associates - Project Manager ' SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES AND PARTNERING Revise paragraph 4 to read: ' The Contractor shall pay to the City of Newport Beach the sum of $600 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. Add the following: ' Once the Contractor begins work on the City of Newport Beach Public Works Department's Birch Street Widening project the work shall be completed in 40 working ' days as shown on the plans, in accordance with the Standard Specifications and these special provisions, and as directed by the Engineer. SECTION 5. GENERAL ' 5-1.05 RESPONSIBILITY FOR DAMAGE- - Delete Section 7 -1.12 Responsibility for Damage of the Standard Specifications and replace Section 5 -1.05 RESPONSIBILITY FOR DAMAGE of the Special Provisions with the following: ' The Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of the contract. If the Contractor fails to maintain insurance ' acceptable to the City for the full term of the contract, the contract shall be deemed to be in default, and the City will be entitled to all legal remedies. In addition, all Subcontractors performing work on behalf of the Contractor and for the contract shall be covered under ' the Contractor's insurance or shall obtain insurance subject to the same terms and conditions as set forth herein for the Contractor. The policy or policies of insurance maintained by Contractor shall provide the limits and coverages as set forth herein below. Coverage Minimum Limits Comprehensive General Liability Completed $5,000,000 combined including single limit Operation and a Broad Form Property per occurrence Endorsement and Comprehensive Automobile Liability Workers' Compensation Statutory Insurance shall be in force the first day of the term of the contract. Each insurance policy required by the contract shall contain the following four clauses: 1. This insurance shall not be canceled, limited in scope of coverage or non - renewed ' after 30 days written notice has been given to the City of Newport Beach, Public Works Department, 3300 Newport Boulevard, Newport Beach, California 92663. ' Mailing address: P.O. Box 1768, Newport Beach, California 92658 -8915. 2. All rights of subrogation are hereby waived against the City of Newport Beach and the memebrs of the City Council and elective or appointive officers or employees, when acting within the scope of their employment or appointment. 3. As respects operation of the named insured performed on behalf of the City of Newport Beach (CITY), the following are added as additional insureds: The State of California (STATE), the County of Orange (COUNTY), and the Costa Mesa Sanitary District (DISTRICT). ' 4. It is agreed that any insurance maintained by the CITY, STATE, COUNTY and DISTRICT will apply in excess of, and not contribute with, insurance provided by this policy. The Contractor shall agrees to deposit with the City of Newport Beach within the time frame set forth in NOTICE TO SUCCESSFUL BIDDER, Certificates of Insurance and ' Insurance Endorsements necessary to satisfy the City that the insurance provisions of this contract have been complied with, and to keep such insurance, certificates and ' endorsements therefor on deposit with the City during the entire term of the contract. The City shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of the City's Risk Manager, the insurance provisions in the contract do not provide adequate protection for the City, the City may require the Contractor to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. The City will notify the Contractor in writing of changes in the insurance requirements; and if the contractor does not deposit copies of acceptable insurance policies with the City incorporating the changes within sixty days of receipt of the notice, the contract shall be in default without further notice to the Contractor, and the City will be entitled to all legal 1 remedies. The procuring of such required policy or policies of insurance shall not be construed to ' limit the Contractor's liability not to fullfill the indemnification provisions and requirements of the contract and as described below. 1 The Contractor agrees to indemnify and save harmless the CITY, the STATE, the COUNTY, and the DISTRICT, their elected and appointed officials, officers, agents, and employees from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature which the CITY, STATE, COUNTY, and DISTRICT, their elected and appointed officials, officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damages to property as a result of, arising out of, or in any manner connected with Contractor's performance under the terms of the contract, excepting only liability arising out of the sole neglignece of the City. 5 -1.06 PAYMENTS — ' Amend the following to read.• ' Clearing and Grubbing $25,000.00 SECTION 9. DESCRIPTION OF WORK 1 Add the following: ' The work under this contract shall include furnishing all labor, materials, vehicles, tools machinery, equipment, etc. necessary to construct the City of Newport Beach Department of Public Works' Birch Street Widening project. The project will include grading, ' pavement removal and reconstruction, curb, curb and gutter, sidewalk, drainage improvements, sewer improvements, traffic signals, street lights, striping and signing, private property improvements, traffic control and appurtenant work, all as ahown on the plans, providing qualified supervision and all other items necessary to provide complete improvements to the satisfaction of the City of Newport Beach, and the Engineer. SECTION 10. CONSTRUCTION DETAILS ' 10 -1.00 GENERAL. — Add the following: ' The work shown on the City of Newport Beach Department of Public Works' Birch Street Widening project shall be included and attached to the Project Plans for ' Construction in Orange County in Newport Beach at and near Birch Street Overcrossing at State Route 73. ' Full compensation for the work shown on the plans, as specified in the Standard Specifications, these special provisions and as directed by the Engineer for City of Newport Beach Department of Public Works' Birch Street Widening project shall be ' considered as included in the contract prices paid for various related items of work in the PROPOSAL SCHEDULE B and no additional compensation will be allowed therefor. 10 -1.02 ORDER OF WORK. -- Add the following: Once the Contractor begins work on the City of Newport Beach Public Works ' Department's Birch Street Widening project the work shall be completed in 40 calendar days as shown on the plans, in accordance with the Standard Specifications and these ' special provisions, and as directed by the Engineer. The Contractor's attention is directed to Section 10 -1.13 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE for work to be completed for traffic control plan. 10 -1.07 OBSTRUCTIONS.— Add the following: The Contractor shall notify Chris Cartwright of Southern California Edison at (714) 895- 0246 prior to beginning any work on the City of Newport Beach Public Works Department's Birch Street Widening project to coordinate and arrange for possible ' relocation of Southern California Edison's facilities. The Contractor shall notify the Engineer and provide copies to the Engineer of all correspondences with Southern California Edison regarding their facilities. ' 10 -1.11 CONSTRUCTION AREA SIGNS.— ' Add the following: ' Two signs shall be constructed and placed as directed by the Engineer, one on each side of Birch Street for the City of Newport Beach Public Works Department's Birch Street Widening project. The signs shall read BUSINESSES OPEN DURING ' CONSTRUCTION. The contract lump sum price paid for construction area signs under Proposal Schedule A shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in providing the above described signs, complete and in place, as specified in the Standard Specifications and these special ' provisions, and as directed by the Engineer. 1 1 4 I ' 10 -1.13 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE.— ' Add the following: The Contractor shall prepare a traffic control plan and staging schedule for the work on the City of Newport Beach Public Works Department's Birch Street Widening project, that will be compatible with the traffic control plans shown on the Project Plans for Construction in Orange County in Newport Beach at and near Birch Street Overcrossing ' at State Route 73. The traffic control plan shall be submitted to the Engineer for approval within 10 working days (Monday through Friday) upon receipt of the Notice to Proceed. Work shall be allowed on only the east or west side of Birch Street at any one time for the City of Newport Beach Public Works Department's Birch Street Widening project. No ' work shall be done on the east or west side until the work on the opposite side of the street is completed as shown on the plans, in accordance with the Standard Specifications and these special provisions and as directed by the Engineer. ' Amend the following to read.• ' PAYMENT.--The contract lump sum price paid for traffic control system shall include full compensation for furnishing all labor, materials (including signs and covering signs), tools, flashing arrow signs, portable delineators, equipment and incidentals, and for doing all the work involved in preparing a traffic control plan for the work in South Bristol Street west of Birch Street and east of Irvine Avenue as shown on the plans completed by Orange County Public Facilities and Resources Department entitled Plans for Construction ' of Mesa Drive/Birch Street from Irvine Avenue to So. Bristol Street, March 1997 and the City of Newport Beach Public Works Department's Birch Street Widening project, covering, placing, removing, storing, maintaining, moving to new locations, replacing and ' disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the ' Engineer. 10 -1.42 ROADSIDE SIGNS.-- Add the following: The contract lump sum price paid for signing and striping on Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in providing signing complete and in place, as ' shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Li L ' 10 -1.44 SEWER- ' Revise the first paragraph to read: Sewer force main material and construction methods shall conform to the provisions in ' the "Greenbook" Standard Specifications for Public Works Construction 1997 edition, these special provisions, as shown on the plans and as directed by the Engineer ' The contract unit price paid for sewer manhole reconstruction on Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and ' incidentals and for doing all work including removal and reconstruction of the sewer pipe as shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Add the following: ' City of Newport Sanitary Sewer manhole reconstruction material and construction methods shall conform to the provisions in the "Greenbook" Standard Specifications for Public Works Construction 1997 edition, the City's standards, these special provisions, as shown on the plans and as directed by the Engineer. 10 -1.50 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS.— Add the following: ' The contract lump sum price paid for signing and striping on Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and ' incidentals and for doing all work involved in providing thermoplastic traffic striping and pavement markings complete and in place, as shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard ' Specifications and these special provisions, and as directed by the Engineer. 10 -1.51 PAINT TRAFFIC STRIPES AND PAVEMENT MARKINGS.— ' Add the following: ' The contract lump sum price paid for signing and striping on Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in providing painted traffic striping and ' pavement markings complete and in place, as shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. I J 10 -1.52 PAVEMENT MARKERS -- Add the following: The contract lump sum price paid for signing and striping on Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in providing pavement markers complete and in place, as shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. ' SECTION 10 -3. SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS 10 -3.15 PAYMENT.- ' Add the following: The contract lump sum price or prices paid for modify signal and lighting shall include lighting at intersections in connection with signals only described in Section 10 -3.01. Any other roadway lighting on the project shall be considered as included in the contract lump sum price paid for lighting. jl 11 ADD THE FOLLOWING SECTIONS. 10 -1.53 ABANDON CULVERTS AND PIPE LINES. -- Existing culverts and utility pipe lines, where shown on the plans to be abandoned, shall be abandoned in place or, at the option of the Contractor, the culverts and pipe lines shall be removed and disposed of All resulting openings into existing structures, that are to remain in place, shall be plugged with commercial quality concrete containing not less than 300 kg of cement per cubic meter, Abandoning culverts and pipe lines in place shall conform to the following: ' Culverts and pipe lines, that intersect the side slopes, shall be removed to a depth of not less than one meter measured normal to the plane of the finished side slope, before being abandoned. ' Culverts and pipe lines, 600 mm in diameter and larger, shall be backfilled with sand by any method, acceptable to the Engineer, which completely fills the pipe. Sand backfill material shall be clean, free draining, and free from roots and other ' deleterious substances. The ends of culverts and pipe lines shall be securely closed by a 150 mm thick tight fitting plug or wall of commercial quality concrete. ' Culverts and pipe lines shall not be abandoned until their use is no longer required. ' The Contractor shall notify the Engineer in advance of any intended culvert or pipe abandonment. If the Contractor elects to remove and dispose of any culvert or pipe line which is specified to be abandoned, as provided herein, any sand backfill specified for the pipe will be measured and paid for in the same manner as if the culvert or pipe line has been ' abandoned in place. Sand backfill will be measured by the cubic meter determined from the dimensions of the culverts and pipe lines to be abandoned. ' Full compensation for plugs, pipe removal, structure excavation, and backfill (including sand backfill), shall be considered as included in the contract unit price paid for abandon culvert and pipe line, and no additional compensation will be allowed therefor. ' 10 -1.54 ABANDON INLETS. -- Existing pipe and drainage inlets, where shown on the plans to be abandoned, shall be abandoned. The top portion of the inlets shall be removed to a depth of 0.7 meters below finished grade. Removed frames and grates shall be disposed of 11 IJ 11 1 I 11 I I 11 �J 10 -1.55 ABANDON MANHOLES. -- Existing manholes, where shown on the plans to be abandoned, shall be abandoned. Frames and covers shall be salvaged. Full compensation for salvaging existing frames and covers shall be considered as included in the contract unit price paid for abandon manhole and no separate payment will be made therefor. 10 -1.56 ADJUST FRAMES AND COVERS AND SIGN TO GRADE. -- Frames and covers of exsting facilities and private property sign where shown on the plans shall be adjusted to grade in accordance with the provisions in Section 15 -2.05, "Reconstruction," of the Standard Specifications. 10 -1.57 RELOCATE NEWS STAND.--Newport News paperstand shall be relocated. The contract unit price paid for relocate new stand shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work as shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10 -1.58 REMOVE DRAINAGE FACILITIES. -- Existing pipe, and inlets, where any portion of these structures is within one meter of the grading plane in excavation areas, or within 0.3 -m of original ground in embankment areas, or where shown on the plans to be removed, shall be completely removed and disposed of Frames and grates shall be salvaged. Full compensation for salvaging existing frames and grates shall be considered as included in the contract lump sum price paid for remove drainage facility and no separate payment will be made therefor. 10 -1.59 RELOCATE FIRE HYDRANT.— Relocating fire hydrants shall be completed in accordance with the City of Newport Beach standards and the "Greenbook" Standard Specifications for Public Works Construction, 1997 Edition, these special provisions, as shown on the plans, and as directed by the Engineer. The contract unit price paid for relocate fire hydrant on Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work as shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications, "Greenbook", these special provisions, and as directed by the Engineer. 10 -1.60 PRIVATE PROPERTY IMPROVEMENTS. —The improvements, adjustments, relocations, reconstructions, removals, grading limits, protect in place and other work identified under the following individual Assessor Parcel Numbers (APN) is the work to be completed for each private property, but not necessarily limited to the work identified. The Contractor shall verify all improvements, adjustments, relocations, 9 ' The contract lump sum price paid for private property improvements at APN 427 - 151 -15 of Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work as shown on the City of Newport ' Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. APN 427 - 151 -12 Grade to join as shown on the plans. ' Remove trees. Relocate private property sign. Sawcut for private property sidewalk joins. Reconstruct sidewalk on private property to match existing. Protect in place existing improvements. The contract lump sum price paid for private property improvements at APN 427 - 151 -12 of Proposal Schedule B shall include full compensation for furnishing all labor, materials, ' tools, equipment, and incidentals and for doing all work as shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. ' APN 427 - 151 -11 ' Grade to join. Reconstruct curb and gutter. Relocate ground lights. Relocate backflow preventer. Protect in place existing improvements. ' The contract lump sum price paid for private property improvements at APN 427 - 151 -11 of Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work as shown on the City of Newport 1 1 10 reconstructions, removals, grading limits, protect in place and all necessary work involved on private properties for construction of this project and include the costs in the contract lump sum paid for each applicable APN. APN 427 - 151 -15 Grade to join back of sidewalk at two locations. Reconstruct planter masonry blockwall. ' Relocate building address on planter wall. Sawcut for private property sidewalk joins. ' Reconstruct sidewalk on private property to match existing. Protect in existing improvements. place ' The contract lump sum price paid for private property improvements at APN 427 - 151 -15 of Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work as shown on the City of Newport ' Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. APN 427 - 151 -12 Grade to join as shown on the plans. ' Remove trees. Relocate private property sign. Sawcut for private property sidewalk joins. Reconstruct sidewalk on private property to match existing. Protect in place existing improvements. The contract lump sum price paid for private property improvements at APN 427 - 151 -12 of Proposal Schedule B shall include full compensation for furnishing all labor, materials, ' tools, equipment, and incidentals and for doing all work as shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. ' APN 427 - 151 -11 ' Grade to join. Reconstruct curb and gutter. Relocate ground lights. Relocate backflow preventer. Protect in place existing improvements. ' The contract lump sum price paid for private property improvements at APN 427 - 151 -11 of Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work as shown on the City of Newport 1 1 10 Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. APN 427 - 151 -10 ' Protect in place existing improvements. The contract lump sum price paid for private property improvements at APN 427 - 151 -10 of Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work as shown on the City of Newport ' Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. ' APN 427 - 231 -06 Grade to join. ' Construct retaining wall. Construct steps with railing to match existing. Reconstruct sidewalk on private property to match existing. ' Adjust private property building sign to grade. Relocate warning sign. Protect in place existing improvements. ' The contract lump sum price paid for private property improvements at APN 427 - 231 -06 and 427 - 231 -26 of Proposal Schedule B shall include full compensation for furnishing all ' labor, materials, tools, equipment, and incidentals and for doing all work as shown on the City of Newport Beach Public Works Department's Birch Street Widening plans, as ' specified in the Standard Specifications and these special provisions, and as directed by the Engineer. ' APN 427 - 231 -25 Grade to join. Protect railing in place. ' Reconstruct sidewalks on private property to match existing. Protect lighting fixture ' Relocate warning sign. Protect in place existing improvements ' The contract lump sum price paid for private property improvements at APN 427- 3\231- 25 of Proposal Schedule B shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work as shown on the City of ' Newport Beach Public Works Department's Birch Street Widening plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. J ' I1 10.1.61 ALTERNATIVE PIPE. — Alternative pipe culvert shall conform to the provisions in Section 62 "Alternative Culverts," of the Standard Specifications. 12 CONTRACT NO. C -2931 The Special Provisions contained herein have been prepared by or under the direction of the following Registered Persons: HIGHWAY REGISTERED CIVIL ENGINEER TRAFFIC REGISTERED CIVIL ENGINEER E} L�ECTRICAL - 171GHWAY REGISTERED CIVIL ENGINEER LANDSCAPE ARCHITECT ED No, 44819 ExP 3i S S�9T CIVIL �F0 cy! % "l` 11 ,I 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443311 BULLETIN NO. 1 Birch Street Overcrossing at SR73 Contract No. 2931 April 22, 1997 t The pre -bid meeting is rescheduled to 10:00 a.m. on Tuesday, May 6, 1997, in the Newport Beach City Council Chambers. Attendance is optional, but all prospective bidders are encouraged to attend. t Emmet Berkery Project Management gonsultant 3300 Newport Boulevard, Newport Beach TABLE OF CONTENTS PAGE NOTICE INVITING BIDS .......... ............................... N -1 PROPOSAL................... ............................... P -1 CONTRACT DOCUMENTS Instructions to Bidders ........ ............................... 2 Designation of Subcontractor(s) . ............................... 3 Bidder DBE Information ....... ............................... 3a Bidders Bond ............... ............................... 4 Non - Collusion Affidavit ........ ............................... 5 Technical Ability and Experience References ..................... 6 Notice to Successfull Bidder .... ............................... 7 Payment Bond .............. ............................... 8 Faithful Performance bond ..... ............................... 9 Certificate of Insurance ....... ............................... 10 General Liability Insurance Endorsement ........................ 11 Automative Liability Insurance Endorsement ...................... 12 Workers' Compensation Insurance Certification ................... 13 Contract................... ............................... 14 SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS ............................... 1 -1 1 -1.01 DEFINITIONS AND TERMS .............................. 1 -1 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS ............... 2 -1 ' 2 -1.01 GENERAL ........... ............................... 2 -1 2 -1.02 DISADVANTAGED BUSINESS .......................... 2 -1 2 -1.03 DBE GOALS FOR THIS PROJECT ...................... 2 -2 ' 2 -1.04 SCOPE OF PROJECT .. 2 -2 2 -1.05 ADDENDA ................ ............................... 2 -3 ' SECTION 3. SUBMISSION OF DBE INFORMATION, AWARD, AND EXECUTION OF CONTRACT ....... ............................... 3 -1 3 -1.01 GENERAL ................... ............................3 -1 3 -1.02 DBE INFORMATION ........ ............................... 3 -1 ' 3 -1.03 AWARD OF CONTRACT .... ............................... 3 -2 PAGE 3 -1.04 SUBCONTRACTING ........ ............................... 3 -2 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES AND PARTNERING ......................... 4 -1 SECTION 5. GENERAL ................... ............................5 -1 5 -1.01 LABOR NONDISCRIMINATION .............................. 5 -1 5 -1.02 CONTRACT PROVISIONS ... ............................... 5 -1 5 -1.03 PARTIAL PAYMENTS ....... ............................... 5 -1 5-1.04 PUBLIC SAFETY .......... ............................... 5 -1 5 -1.05 RESPONSIBILITY FOR DAMAGE ............................ 5 -3 5 -1.06 PAYMENTS ............... ............................... 5 -3 5 -1.07 PAYMENTS OF WITHHELD FUNDS .......................... 54 5 -1.08 SUBCONTRACTING ........ ............................... 5 -5 5 -1.09 DBE RECORDS ........... ............................... 5-6 5 -1.10 SOUND CONTROL REQUIREMENTS ......................... 5-6 5 -1.11 HIGHWAY CONSTRUCTION EQUIPMENT ..................... 5 -7 5 -1.12 PROJECT APPEARANCE ... ............................... 5 -7 5 -1.13 PRECONSTRUCTION CONFERENCE ........................ 5 -7 5 -1.14 BUSINESS LICENSES AND PERMITS ........................ 5 -7 5 -1.15 PROSECUTION AND PROGRESS ........................... 5-8 5 -1.16 HAZARDOUS WASTEWATERIALS ........................... 5 -9 5 -1.17 RECORD DRAWINGS ...... ............................... 5 -9 5 -1.18 SHOP DRAWINGS ........ ............................... 5 -10 5 -1.19 INSPECTION OF WORK AND TESTING LABORATORY ......... 5 -11 SECTION 8. MATERIALS SECTION 8 -1. MISCELLANEOUS ....... ............................... 8 -1 8 -1.01 SLAG AGGREGATE ........ ............................... 8 -1 8 -1.02 MEASUREMENT OF QUANTITIES ........................... 8 -1 8 -1.03 SUBSTITUTION OF NON - METRIC MATERIALS AND PROJECTS .................. ............................8-1 8 -1.04 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS ................. ............................8 -7 8 -1.05 CITY FURNISHED MATERIALS ............................. 8 -13 8 -1.06 ENGINEERING FABRICS ... ............................... 8 -13 SECTION 8 -2. CONCRETE ........... ............................... 8 -13 8 -2.01 TRANSPORTING MIXED CONCRETE ........................ 8 -13 PAGE 8 -2.02 ADMIXTURES ............ ............................... 8-14 8 -2.03 CEMENT AND WATER CONTENT .......................... 8 -15 SECTION 9. DESCRIPTION OF WORK ... ............................... 9 -1 SECTION 10. CONSTRUCTION DETAILS ............................... 10 -1 10 -1.00 GENERAL ........... ............................... 10 -1 10 -1.01 CONSTRUCTION PROJECT FUNDING IDENTIFICATION SIGNS..... ....... .......... ...........................10 -1 10 -1.02 ORDER OF WORK ........ ............................... 10 -1 10 -1.03 WATER POLLUTION CONTROL ............................ 10 -3 10 -1.04 PRESERVATION OF PROPERTY ........................... 10 -7 10 -1.05 COOPERATION .......... ............................... 10-8 10 -1.06 PROGRESS SCHEDULE ... ............................... 10 -9 10 -1.07 OBSTRUCTIONS ......... ............................... 10 -9 10 -1.08 DUST CONTROL ........ ............................... 10 -10 10 -1.09 MOBILIZATION ............... ..........................10 -10 10 -1.10 CONSTRUCTION STAKING ............................... 10 -10 10 -1.11 CONSTRUCTION AREA SIGNS ............................ 10 -11 10 -1.12 MAINTAINING TRAFFIC ... ............................... 10 -12 10 -1.13 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE .......... 10 -14 10 -1.14 TEMPORARY PAVEMENT DELINEATION ................... 10 -17 10 -1.15 BARRICADES ........... ............................... 10 -20 10 -1.16 TEMPORARY RAILING ... ............................... 10 -21 10 -1.17 CHANNELIZERS ......... ............................... 10 -21 10 -1.18 TEMPORARY CRASH CUSHION MODULE ................... 10 -21 10 -1.19 EXISTING HIGHWAY FACILITIES .......................... 10 -24 10 -1.20 REMOVE PAVEMENT MARKERS .......................... 10 -24 10 -1.21 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS ..... 10 -24 10 -1.22 REMOVE ROADSIDE SIGNS .............................. 10 -24 10 -1.23 RELOCATE SIGN STRUCTURES AND SIGN PANEL ........... 10 -25 10 -1.24 PLANE ASPHALT CONCRETE PAVEMENT .................. 10-25 10 -1.25 CAP INLETS ............ ............................... 10 -27 10 -1.26 EXISTING LOOP DETECTORS ............................ 10 -27 10 -1.27 BRIDGE REMOVAL ...... ............................... 10 -27 10 -1.28 EXTEND IRRIGATION CROSSOVERS ...................... 10 -29 10 -1.29 TRANSPLANT EXISTING TREES .......................... 10 -30 10 -1.30 REMOVE CONCRETE .... ............................... 10 -31 10 -1.31 CLEARING AND GRUBBING .............................. 10 -32 10 -1.32 EARTHWORK ........... ............................... 10 -32 10 -1.33 AGGREGATE BASE ...... ............................... 10 -32 10 -1.34 ASPHALT CONCRETE .... ............................... 10 -33 10 -1.35 PRESTRESSING CONCRETE ............................. 10 -33 PAGE 10 -1.36 CONCRETE STRUCTURES ............................... 10 -34 10 -1.37 STRUCTURE APPROACH SLABS (TYPE N) ................. 1041 10 -1.38 DRILL AND BOND DOWELS .............................. 10-45 10 -1.39 SEALING JOINTS ........ ............................... 10-46 10 -1.40 REFINISHING BRIDGE DECKS ............................ 10-46 10 -1.41 REINFORCEMENT ....... ............................... 10-49 10 -1.42 ROADSIDE SIGNS ....... ............................... 10-64 10 -1.43 REINFORCED CONCRETE PIPE .......................... 10-64 10 -1.44 SEWER ................ ............................... 10-65 10 -1.45 SLOPE PAVING ......... ............................... 10-66 10 -1.46 MISCELLANEOUS CONCRETE CONSTRUCTION ............. 10 -67 10 -1.47 MISCELLLANEOUS IRON AND STEEL ...................... 10 -67 10 -1.48 CHAIN LINK RAILING ..... ............................... 10 -67 10 -1.49 CONCRETE BARRIER .... ............................... 10 -67 10 -1.50 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS ... ............................... 10-67 10 -1.51 PAINT TRAFFIC STRIPES AND PAVEMENT MARKINGS ....... 10-68 10 -1.52 PAVEMENT MARKERS ... ............................... 10 -68 SECTION 10 -2 HIGHWAY PLANTING AND IRIGATION SYSTEMS ........... 10 -68 10 -2.01 GENERAL .............. ............................... 10 -69 10 -2.02 EXISTING HIGHWAY PLANTING .......................... 10-69 10 -2.03 MAINTAIN EXISTING PLANTS ............................. 10 -69 10 -2.04 EXISTING HIGHWAY IRRIGATION FACILITIES ............... 10-69 10 -2.05 CHECK AND TEST EXISTING IRRIGATION FACILITIES ........ 10 -70 10 -2.06 MAINTAIN EXISTING IRRIGATION FACILITIES ............... 10 -71 10 -2.07 REMOVE EXISTING IRRIGATION FACILITIES ................ 10 -72 10 -2.08 RELOCATE EXISTING IRRIGATION FACILITIES .............. 10 -72 10 -2.09 HIGHWAY PLANTING MATERIALS ......................... 10 -73 10 -2.10 PLANTING ............. ............................... 10 -74 10 -2.11 IRRIGATION SYSTEMS ... ............................... 10 -74 10- 2.11.01 IRRIGATION SYSTEMS FUNCTIONAL TEST ....... 10 -74 10 -2.12 PAYMENT .............. ............................... 10 -75 SECTION 10 -3. SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS ......... 10 -75 10 -3.01 DESCRIPTION .......... ............................... 10 -75 10 -3.02 COST BREAK -DOWN .... ............................... 10 -75 10 -3.03 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEM .... ............................... 10 -76 10 -3.04 STANDARDS, STEEL PEDESTALS AND POSTS .............. 10 -76 10 -3.05 CONDUIT .............. ............................... 10 -77 10 -3.06 PULL BOXES ........... ............................... 10 -78 PAGE 10 -3.07 CONDUCTORS AND WIRING ............................. 10 -78 10 -3.08 VEHICLE SIGNAL FACES AND SIGNAL HEADS .............. 10 -78 10 -3.09 PEDESTRIAN SIGNALS ... ............................... 10-78 10 -3.10 DETECTORS ........... ............................... 10-78 10 -3.11 MAGNETOMETER DETECTORS ........................... 10 -79 10 -3.12 LUMINARIES ................ ..........................10 -83 10 -3.13 INTERNALLY ILLUMINATED STREET NAME SIGNS ........... 10-83 10 -3.14 PHOTOELECTRIC CONTROLS ............................ 10-83 10 -3.15 PAYMENT .............. ............................... 10-83 APPENDIX • Standard Plans • Construction Funding Signs l� ' CITY OF NEWPORT BEACH ' NOTICE INVITING BIDS CONTRACT NO. C -2931 Sealed proposals for the work shown on the plans entitled: BIRCH STREET OVERCROSSING AT STATE ROUTE 73 will be received at the Office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, California 92658 -8915, until 2:00 pm on May 20, 1997, at which time they will be publicly opened and read at said address. General Work Description: The project includes widening an existing overcrossing, grading, pavement removal and construction, constructing storm drains, curbs, gutters, sidewalks, traffic signal modification, pavement delineation, signing, irrigation ' modifications, street lighting, and traffic control. This project has a goal of 5 percent disadvantaged business enterprises participation. A pre -bid meeting is scheduled for this project on May 1, 1997 at 2:00 pm in the City Council Chambers. Attendance is optional, but prospective bidders are encouraged to attend. The project, if awarded will be to the lowest responsible bidder; and in compliance with all requirements described herein. This project is subject to State contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. One set of plans, specifications and proposal forms for bidding this project can be purchased at the City of Newport Beach, Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, California 92658 -8915 at a cost of $25.00. Additional copies of the specifications which include the proposal forms can be purchased for $15.00. Additional copies of plans (full set or individual sheets) can be purchased through Consolidated Reprographics (CR), 3182 Pullman, Costa Mesa. Both full -size and ' reduced -size drawings are availbale at CR. The successful bidder shall furnish a payment bond, a faithful performance bond, ' certificate of insurance and endorsements, and executed contract. ' The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review the content with bonding, insuring and legal agent prior to N -1 submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Reaister Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the State of California • Department of Transportation Standard Specifications (Caltrans) (July 1995 edition adopted for use in the City of Newport Beach), and the Standard Specifications for Public Works Construction, 1997 Edition, except as supplemented or modified by the Special Provisions for this project. Pursuant to Section 1773 of the Labor Code, a general prevailing rate of wages in the County in which the work is to be done has been determined by the Director of the Department of Industrial Relations. Future effective wage rates have been predetermined and are on file with the Department of Industrial Relations. The Contractor shall possess a Class A contractor's license. The work in South Bristol Street west of Birch Street and east of Irvine Avenue as shown on the plans completed by Orange County Public Facilities and Resources Department entitled Plans for Construction of Mesa Drive/Birch Street from Irvine Avenue to So. Bristol Street, March 1997 shall be included and attached to the Project Plans for Construction in Orange County in Newport Beach at and near Birch Street Overcrossing at State Route 73. The work included on Plans for Construction of Mesa Drive /Birch Street from Irvine Avenue to So. Bristol Street, March 1997 has been included in the PROPOSAL list of items. N -2 SEPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS The work embraced herein shall be done in accordance with the State of California • Department of Transportation Standard Specifications, and the Standard Plans dated July 1995, of the California Department of Transportation (Cahrans) insofar as the same may apply and in accordance with these special provisions. The work in South Bristol Street west of Birch Street and east of Irvine Avenue as shown on the plans completed by Orange County Public Facilities and Resources Department entitled Plans for Construction of Mesa DriveSirch Street from Irvine Avenue to So. Bristol Street, March 1997 shall be included and attached to the Project Plans for Construction in Orange County in Newport Beach at and near Birch Street Overcrossing at State Route 73. References herein to the Standard Specifications shaff mean the State of California • Department of Transportation Standard Specifications 1 -1.01 DEFINITIONS AND TERMS -- Definitions shown in the Standard Specifications are amended to read as follows: 1 -1.13 Department. The Public Works Department of the City of Newport Beach. 1 -1.15 Director. The Public Works Director of the City of Newport Beach. 1 -1.18 Engineer. Designated representative of the Public Works Director, City of Newport Beach. 1 -1.39 State. The City of Newport Beach. 1 -1.40 State Contract Act. Chapter 1, Division 2 of the Public Contract Code. The provisions of this act and other applicable laws form and constitute a part of the provisions of this contract to the same extent as if set forth herein in full. Any reference in the specifications and other contract documents to sections of former Chapter 3 (Sections 14250 -14424 inclusive) of Part 5 of Division 3 of Title 2 of the Government Code shall be deemed to be a reference to the successor section of the Public Contract Code. 1 -1 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1.01 GENERAL — The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications, Contract Documents, Proposal Section and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal forms and Contract Documents. The form of the Bidder's Bond mentioned in the last paragraph of Section 2 -1.07 Proposal Guaranty, of the Standard Specifications is included in the Contract Documents Section. The form for the statement required by Section 10285.1 is included in the Contract Documents Section. The sheet for listing subcontractors is included in the Contract Documents Section. ' The form for the statement required by Section 10232 mentioned in the last paragraph of Section 2- 1.108 compliance with Orders of the National Labor Relations Board is included in the Contract Documents Section. The required proposal forms are included in the Proposal and Contract Documents Sections. ' 2 -1.02 DISADVANTAGED BUSINESS -- This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation by Minority Business Enterprise in Department of Transportation Programs." Portions of the Regulations, including portions of Subpart D which defines Disadvantaged Business Enterprise (DBE) and includes other provisions implementing ' Section 105(f) of the 1982 Surface Transportation Act, ire set forth in Section 6. "Federal Requirements for Federal -Aid Construction Projects" of these special provisions, and the Regulations ' in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the City's Disadvantaged Business Enterprise (DBE) programs developed pursuant to the Regulations; particular attention is directed to the following matters: 1. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; ' 2. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, or vendor of materials or supplies; 3. A DBE joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying requirements for ownership and control. The ' DBE joint venturer must submit Schedule B of the Regulations. 2 -1 4. A DBE must perform a commercially useful function, i.e., must be responsible for the ' execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; 5. Credit for DBE vendor of materials or supplies is limited to 20 percent of the amount to be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods; 6. A DBE must be a Caltrans certified DBE on the date bids for the project are opened before credit may be allowed toward the DBE goal. The Caltrans DBE directory ' identifies DBEs which have been certified. The DBE directory may be obtained from Caltrans. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for such breach. 2 -1.03 DBE GOALS FOR THIS PROJECT -- The City has established the following goals for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprises (DBE) 5 percent It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to assure meeting the goals for DBE participation. The following organizations can assist the bidder in securing DBE's as subcontractors and materials suppliers: MBDC of Southern California 2651 S. Western Avenue Los Angeles, CA 90018 (213) 731 -2131 MBDC of Anaheim 2700 N. Main Street Santa Ana, CA 92701 (714) 667 -8200 Chess and Associates 1833 W. 8th Street, Room 202 Los Angeles, CA 90057 (213) 483 -0609 Technical Data Corporation 101 N. La Brea Avenue, Suite 707 Inglewood, CA 90301 (213) 671 -1590 Bidders may utilize the services of these organizations to contact interested DBE's. Contact with these organizations should be at least one week in advance of the bid opening date. In INSTRUCTIONS TO BIDDERS the documnet BIDDER DBE INFORMATION (page 3a) shall be included in the list of documents to be completed, executed and recieved by the City Clerk in accordance with NOTICE INVITING BIDS. 2 -1.04 SCOPE OF CONTRACT — In submitting this bid, the Contractor warrants that the cost of any work not specifically covered by a contract pay item is included in the cost and compensation ' of all the contract items of work and no additional compensation shall be allowed therefor. 1 2 -2 The City reserves the right to delete any bid item in its entirety without giving the Contractor cause ' or justification for modifying the unit or lump sum price to be paid for any of the other bid items. 2.1.05 ADDENDA -- The Engineer may issue addenda to the contract documents during the period of advertising forbids, for the purpose of clarifying or correcting special provisions, Plans or Proposal. ' Purchasers of contract documents will be notified and furnished copies of such addenda, either by certified mail or personal delivery during the period of advertising. F7 I .I 1 ul II �l 1 2 -3 SECTION 3. SUBMISSION OF DBE INFORMATION, AWARD, AND EXECUTION OF CONTRACT 3-1.01 GENERAL -- The bidder's attention is directed to the provisions for the requirements and conditions concerning Section 3, Submission of DBE Information, Award, and Execution of Contract. It is the bidder's responsibility to meet the goals for DBE participation or to provide information to establish that, prior to bidding, the bidder made good faith efforts to do so, as outlined elsewhere in these special provisions. 3 -1.02 DBE INFORMATION — The apparent successful bidder (low bidder) shall submit DBE information with the proposal in accordance with Section 2 -1.03 of these Special Provisions. The bidders DBE information shall establish that the DBE goals will be met or that a good faith effort to meet the goals has been made. The information to show that the DBE goals will be met shall include the names of DBEs to be used with a complete description of work or supplies to be provided by each and the dollar value of each such DBE transaction. (Note: DBE subcontractors for signal and lighting items, if there are such items or work, must have been named in the bid - see section entitled "Subcontracting" of these special provisions.) The information necessary to establish the bidder's good faith efforts to meet the DBE goals should include: 1. The names and dates of advertisements of each newspaper, trade paper and minority- , focus paper in which a request for DBE participation for this project was placed by the bidder; 4. The names of DBEs who submitted bids for any of the work indicated in Item 3 above who were not accepted, a summary of the bidder's discussion and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting a DBE bid was price, give the price bid by the rejected DBE and the price bid by the selected subcontractor or supplier. Since the utilization of available DBEs is expected, only ' significant price differences will be considered as cause for rejecting such DBE bids. 1 3 -1 2. The names and dates of notices of all certified DBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. 3. The items of work for which the bidder requested subbids or materials to be supplied by DBEs, the information furnished interested DBEs in the way of plans, specifications and ' requirements for the work, and any break -down of items of work into economically feasible units to facilitate DBE participation. (Where there are DBEs available for doing portions of the work normally performed by the bidder with its own forces, the bidder will be expected to make portions of such work available for DBEs to bid on). 4. The names of DBEs who submitted bids for any of the work indicated in Item 3 above who were not accepted, a summary of the bidder's discussion and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting a DBE bid was price, give the price bid by the rejected DBE and the price bid by the selected subcontractor or supplier. Since the utilization of available DBEs is expected, only ' significant price differences will be considered as cause for rejecting such DBE bids. 1 3 -1 5. Assistance that the bidder has extended to DBEs identified in Item 4 above to remedy the deficiency in their subbids. 6. The names and dates of the DBEs contacted through the uses of one or more of the ' organizations listed in the special provisions to provide these services. The name(s) and date(s) of the organization(s) contacted. 3 -1.03 AWARD OF CONTRACT — The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goals for DBE participation or has demonstrated, to the satisfaction of the City, good faith effort to do so. Meeting the goal for DBE participation or demonstrating, to the satisfaction of the City, good faith efforts to do so is a condition for being eligible for award to contract. 3 -1.04 SUBCONTRACTING — Attention is directed to the provisions in Section 8 -1.01 Subcontracting of the Standard Specifications, Section "Proposal Requirements and Conditions," Section "Submission of DBE Information, Award, and Execution of Contract" elsewhere in the ' Standard Specifications and these special provisions. ' The DBE information furnished under the Section "DBE Information," of these special provisions in addition to the subcontractor information required to be furnished under said Section "Subcontracting." In accordance with the Federal MBE regulations (Section 23.45(f) (2), part 23, Title CFR): ' 1. No substitution of an MBE subcontractor shall be made at any time without the written consent of the City; and ' 2. If an MBE subcontractor is unable to perform successfully and is to be replaced, the Contractor will be required to make good faith efforts to replace the original MBE subcontractor with another MBE subcontractor. In the above sited regulations MBE is understood to refer to DBE as referenced throughout these special provisions. The "Subletting and Subcontracting Fair Practices Act" (Government Code Sections 41004113, inclusive) applies to the items of signals and lighting and requires subcontractor, if used for such work, to be listed in the prime contractor's proposal; prohibits the substitution of subcontractors, except as therein authorized; and provides for penalties for violations of the Act. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE subcontractors after the opening of the proposals. Each bidder shall, with respect to the items of signals and lighting, list in its proposal: 1. The name and the location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs ' a portion of the work or improvement according to detailed drawings contained in the 3 -2 plans and specifications, in an amount in excess of one -half of one percent of the prime contractor's total bid. 2. The portion of the work which will be done by each such subcontractor. Only one subcontractor shall be listed for each such portion. A sheet for listing the subcontractors, as required by the Subletting and Subcontracting Fair Practices Act, is included in this proposal. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listing DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 17 11 I LI 1 3 -3 it rSECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES AND PARTNERING Attention is directed to the provisions in Section 8 -1.03, "Beginning of Work," in Section 1 8 -1.06, "Time of Completion," and in Section 8 -1.07, "Liquidated Damages," of the Standard Specifications and these special provisions. With the assistance of the facilitator, City and Contractor project personnel will identify the persons who should attend the workshop and will establish the agenda for and the duration of the workshop. The persons who will be strongly encouraged to attend the workshop are the city's resident engineer and inspectors, the Contractor's on -site project manager and key project supervisory personnel, and any major subcontractor or supplier's key management and supervisory personnel. Each party will be responsible for paying for ' the costs of their personnel involved in the workshop's preparation and attendance. 1 4 -1 The Contractor shall begin work within 15- calendar days after the contract has been signed by the Mayor and City Clerk of the City of Newport Beach, and the Engineer has issued a Notice to Proceed to the Contractor. The work shall be diligently prosecuted to completion before the expiration of 150 working days beginning on the fifteenth calendar day after issuance of a Notice to 1 Proceed. The Contractor shall pay to the City of Newport Beach the sum of 5400 per day, for each ' and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. The City of Newport Beach intends to encourage the foundation of a cohesive partnership with the contractor and its principal subcontractors and suppliers. This partnership will be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives are effective and efficient contract performance and completion within budget, on schedule, and in accordance with plans and specifications. ' This partnership will be bilateral in makeup, and participation will be totally voluntary. Any cost associated with effectuating this partnering will be absorbed by the respective parties with no change in the total contract price established in the proposal. To implement this partnership initiative prior to starting work in accordance with the 1 requirements of Subsection 4 -2 and prior to the preconstruction conference, the Contractor's management personnel and the Engineer will initiate a partnering development seminar /team building workshop. The City will designate and provide a facility, such as the Central Library, in which to conduct the workshop. The City will also hive a facilitator for the workshop. This facilitator will be a consultant experienced in arranging partnering workshops between public agencies and private construction 1 contractors. The facilitator's fees will be paid by the City. With the assistance of the facilitator, City and Contractor project personnel will identify the persons who should attend the workshop and will establish the agenda for and the duration of the workshop. The persons who will be strongly encouraged to attend the workshop are the city's resident engineer and inspectors, the Contractor's on -site project manager and key project supervisory personnel, and any major subcontractor or supplier's key management and supervisory personnel. Each party will be responsible for paying for ' the costs of their personnel involved in the workshop's preparation and attendance. 1 4 -1 I, Follow -up workshops may be held periodically throughout the duration of the contract as agreed upon by the City and the Contractor. The establishment of a partnership charter for the project will not change the legal relationships of the parties to the contract nor will it relieve either party from any of the terms of the contract. The partnership concept is intended to clarify lines of communications, identify procedures, and establish mechanisms to resolve disputes quickly and at an early stage. 42 ' SECTION 5. GENERAL SECTION 5-1. MISCELLANEOUS ' 5-1.01 LABOR NONDISCRIMINATION — Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause ", set forth in Section 7- 1.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5000 or more. 5-1.02 CONTRACT PROVISIONS -- Section 9 -1.10 Arbitration of the Standard Specifications is hereby deleted. All contracts valued at more than $15,000 between the general contractor and its subcontractors and suppliers shall include a provision that the subcontractors and suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the City by all terms and provisions of this contract. 5-1.03 PARTIAL PAYMENTS - -The last paragraph of Section 9 -1.06, "Partial Payments," of the Standard Specifications is amended to read: Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code Sections 7028.15(a) and 7031. ' 5-1.04 PUBLIC SAFETY — The Contractor shall provide for the safety of traffic and the public in accordance with the provisions in Section 7 -1.09, 'Public Safety," of the Standard Specifications and these special provisions. The Contractor shall install temporary railing (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: 1. Excavations. - -Any excavation, the near edge of which is 3.6 in or less from the edge of the lane, except: I , 1 1 5 -1 a. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. b. Excavations less than 0.3 -m deep. C. Trenches less than 0.3 -m wide for irrigation pipe or electrical conduit, or excavations less than 0.3 -m in diameter. d. Excavations parallel to the lane for the purpose of pavement widening or reconstruction. e. Excavations in side slopes, where the slope is steeper than 1:4 (vertical:horizontal). f. Excavations protected by existing barrier or railing. 2. Temporarily Unprotected Permanent Obstacles. -- Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for the Contractor's convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. 3. Storage Areas. -- Whenever material or equipment is stored within 3.6 m of the lane and the storage is not otherwise prohibited by the specifications. The approach end of temporary railing (Type K), installed in accordance with the requirements in this section "Public Safety" and in Section 7 -1.09, "Public Safety," of the ' Standard Specifications shall be offset a minimum of 4.6 m from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than 0.3 -m transversely to 3 m longitudinally with respect to the edge of the traffic lane. If the 4.6 -m minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to I skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing. I' Temporary railing (Type K) shall conform to the provisions in Section 12 -3.08, "Temporary Railing (Type K)" of the Standard Specifications, except temporary railing (Type K) fabricated prior to January 1, 1993, with one longitudinal No. 15 reinforcing I' steel bar near the top in lieu of the 2 longitudinal No. 15 reinforcing steel bars near the top, as shown on the plans, may be used. Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushion Module" elsewhere in these special provisions. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the specifications: 1 S -2 Approach speed of public traffic (Posted Limit) (Kilometers Per Hour) Work Areas Over 72 Within 1.8 m of a traffic lane but not on a traffic lane. 56 to 72 Within 0.9 -m of a traffic lane but not on a traffic lane. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 3 m without written approval from the Engineer. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians. Full compensation for conforming to the requirements in this section "Public Safety," including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. 5-1.05 RESPONSIBILITY FOR DAMAGE — The fifth paragraph in Section 7 -1.12, "Responsibility for Damage," of the Standard Specifications is amended to read: It is the intent of the parties that the Contractor will indemnify and hold harmless the State and City, its officers and employees from any and all claims, suits or actions as set forth above, regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the City, its officers and employees- 5-1.06 PAYMENTS — Attention is directed to Section 9 -1.06, "Partial Payments," and 9 -1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. For the purpose of making partial payments pursuant to Section 9 -1.06, "Partial 1 5 -3 Payments," of the Standard Specifications, the amount set forth for the contract items of work hereinafter fisted shall be deemed to be the maximum value of the contract item of work which will be recognized for progress payment purposes. Clearing and Grubbing $15,000.00 Bridge Removal (Portion) $13,000.00 After acceptance of the contract pursuant to Section 7 -1.17, "Acceptance of Contract," of the Standard Specifications, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes hereinabove fisted for the item, will be included for payment in the first estimate made after acceptance of the contract. In determining the partial payments to be made to the Contractor, only the following fisted materials will be considered for inclusion in the payment as materials furnished but not incorporated in the work: Bar Reinforcing Steel Joint Seal Chain Link Railing Prestressing Cast -in -Place Concrete 5-1.07 PAYMENT OF WTTBBELD FUNDS. —_The second paragraph of Section 9- 1.065, "Payment of Withheld Funds," of the Standard Specifications is amended to read: Upon the Contractor's request, the City will make payment of funds withheld from progress payments pursuant to the requirements of Public Contract Code Section 10261 if the Contractor deposits in escrow with the State Treasurer or with a bank acceptable to the City, securities eligible for the investment of State funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following conditions: 1. The Contractor shall bear the expense of the City and the escrow agent, either the State Treasurer or the bank, in connection with the escrow deposit trade. 2. Securities and certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section. 3. The Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall include provisions governing inter alia: a. The amount of securities to be deposited. 54 b. The providing of powers of attorney or other documents necessary for the transfer of the securities to be deposited. C. Conversion to cash to provide funds to meet defaults by the Contractor including, but not limited to, termination of the Contractor's control over the work, stop notices filed pursuant to law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the contract. d. Decrease in value of securities on deposit. e. The termination of the escrow upon completion of the contract. 4. The Contractor shall obtain the written consent of the surety to such agreement. 5-1.08 SUBCONTRACTING -- Attention is directed to the provisions in Section 8- 1.01, "Subcontracting," of the Standard Specifications, Section 2, "Proposal Requirements and Conditions," Section 3, "Submission of DBE Information, Award, and Execution of Contract" elsewhere in these special provisions. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal -Aid Construction Contracts" in Section 6 of these special provisions. This requirement shall be enforced as follows: Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. The DBE information furnished under Section 34.OIA, "DBE Information," of these special provisions is in addition to the subcontractor information required to be furnished under said Section 8 -1.01, "Subcontracting," and Section 2 -1.04, "Required Listing of Proposed Subcontractors," of these special provisions. In accordance with the Federal MBE regulations Section 23 -45(f) (2) Part 23, Title 49 Cm- 1. No substitution of a DBE subcontractor shall be made at any time without the written consent of the Department, and 2. If a DBE subcontractor is unable to perform successfully and is to be replaced, the ' contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor. 5 -5 D The requirement in Section 2 -1.02, "Disadvantaged Business," of these special provisions that DBEs must be certified on the date bids are opened does not apply to DBE substitutions after award of the contract. 5 -1.09 DBE RECORDS.--The Contractor shall maintain records of all subcontracts entered into with certified DBE subcontractors and records of materials purchased from certified DBE suppliers. The records shall show the name and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or vendor. Upon completion of the contract, a summary of these records shall be prepared and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer 5-1.10 SOUND CONTROL REQUIREMENTS — Sound control shall conform to the provisions in Section 7- 1.O1I, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dbA at a distance of 15 m. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. ' The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. The Contractor shall note that each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be generated on the project without a muffler. ' The Contractor shall plan its construction activities to group noisy operations together to reduce impacts to adjacent residential areas. Haul routes and construction staging areas for construction equipment and construction related vehicles shall be located away from existing residential and other sensitive land uses, where feasible. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.11 HIGHWAY CONSTRUCTION EQUIPMENT -- The first paragraph of Section 7- 1.011), "Vehicle Code," of the Standard Specifications is amended to read: Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the following requirements of the Vehicle Code will apply: the lighting requirements in Section 25803; the brake requirements in Chapter 3, Division 12; the splash apron requirements in Section 27600; and, when operated on completed or existing treated base, surfacing, pavement or structures, except as otherwise provided in Section 7 -1.02, "Load Limitations," the weight limitation requirements contained in Division 15. 5-1.12 PROJECT APPEARANCE -- The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms or falsework that are to be re -used shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be re -used shall be disposed of concurrently with their removal. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5 -1.13 PRECONSTRUCTION CONFERENCE -- The Contractor and all its subcontractors shall meet with representatives of the City before start of construction. Discussion will include Equal Employment Opportunity Requirements, State and Federal Safety Requirements, and Labor Compliance Requirements. The Contractor will be notified regarding the exact time and place of the conference. 5-1.14 BUSINESS LICENSES AND PERMITS -- The Contractor's attention is directed to Subsection 7 -1.04 of the Standard Specifications and these special provisions. The Contractor shall obtain the following permits and license: Caltrans Encroachment Permits - Upon execution of the contract documents and prior to the start of any construction, the Contractor shall obtain a rider to the City's and Orange County's encroachment permit from Caltrans. Caltrans will waive the fees for the encroachment permit to be obtained by the Contractor. 1 5 -7 City of Newport Beach Business License - Upon execution of the Contract by the Mayor and City Clerk, and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. City obtained permit: Caltrans Encroachment Permit - The City has obtained an encroachment permit from Caltrans for the Birch Street Overcrossing at State Route 73 project. The Contractor shall be required to make itself aware of and shall comply with the conditions of this permit. This permit obtained by the City does not relieve the Contractor of the responsibility of obtaining a rider to the City's encroachment permit from Caltrans. Orange County obtained permit: Caltrans Encroachment Permit - Orange County has obtained an encroachment permit from Caltrans for the Mesa Drive/Birch Street from Irvine Avenue to So. Bristol Street project. The Contractor shall be required to make itself aware of and shall comply with the conditions of this permit. This permit obtained by the County does not relieve the Contractor of the responsibility of obtaining a rider to the County's encroachment permit from Caltrans. 5-1.15 PROSECUTION AND PROGRESS — Section 8 -1.03, "Beginning of Work," is superseded by the following: The Contractor shall begin work within the number of days specified elsewhere in these special provisions. Delete Section 8 -1.09, "Right of Way Delays," except when applicable under provisions of Section 7- 1.125, "Legal Actions Against the Department." Section 9 -1.02, "Scope of Payment," is supplemented and ammended by the following: Payment for all unit items of work, with the exception of items designated as final pay quantiites, lump sum items and those items based on weight, shall be based on the quantities indicated in the Estimated Quantiites in Proposal Section of these special provisions. If the work is revised by the Engineer or if there is an error in the plans or the calculated quantities, the final quantities for payment will be revised in the amount represented by the changes of errors. The entire Section 9 -1.07, "Payment After Acceptance," including parts A and B, is superseded by the follwoing: ' The final engineer's estimate of quanitities for payment to the Contractor will 5 -8 include completed contract item quantities of work, extra work and any other basis for payament, less all retentions and deductions made or to be made under the provisions of the contract. All prior estimates and payments shall be subject to correction in the final estimate. The Contractor shall review and approve the final progress payment prior to acceptance of the work by the City of Newport Beach. Following acceptance of the work by the City of Newport Beach, the amount deducted from the final estiamte and retained by the City will be paid to the Contractor, except such amounts as are required by law or as authorized by the contract to be further retained. If within the time fixed by law, a properly executed Notice to Stop Payment is filed within the City, due to the Contractor's failure to pay for labor or materials used in the work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. Section 9 -1.08, "Adjustment of Overhead Costs," is deleted entirely. 5-1.16 HAZARDOUS WASTE/MATERIALS — Although none are anticipated, if unknown waste/materials or an underground tank that the Contractor believes may involve hazardous waste/materials are discovered during construction, the Contractor shall: 1. Immediately stop work ' in the vicinity of the suspected containment, remove workers and the public from the area; 2. Notify the City Engineer; 3. Secure the area as directed by the City Engineer; and 4. Notify the Caltrans Hazardous Waste/Materials Coordinator (HWC). Any identified hazardous wastelmaterials shall be handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety I Code Division 20, Chapter 6.5) standards established by the California Department of Health Services, Office of Statewide Health Planning and Development, and according to the requirements of the California Administrative Code, Title 30, Chapter 22. 5-1.17 RECORD DRAWINGS — The Contractor shall keep a complete set of record drawings at the job site. All documents including contract and shop drawings shall be legible marked showing each actual item of record construction including: 1. Measured depths of elements in relation to fixed datum points. 2. Measured horizontal and vertical locations of underground utilities and appurtenances with reference to permanent surface improvements. 5 -9 I 3. Measured locations of internal utilities and appurtenances concealed in ' construction with reference to visible and accessible features of construction. 4. Field changes of dimensions, locations and/or materials with details as required to clearly delineate the modifications. 1 5. Any details not in original contract drawings developed by the City of the Contractor through the course of construction necessary to clarify or modify the contract drawings. The Contractor shall legibly modify the contract specifications to reflect actual items of record construction including: 1. Manufacturer, trade name, and catalog number of each product actually installed, particularly optioned items and substitute items. 2. Changes made by addendum or modifications. The Contractor shall maintain all record information daily and make this information available to the Engineer upon request. The Contractor's progress payment will not be approved unless project record drawings are current. 5 -1.18 SHOP DRAWINGS — Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor, and which illustrates some portion of the work. The Contractor shall review, stamp with its approval, and submit for review by the Engineer, six (6) copies of shop drawings for the following items: 1. Portland Cement Concrete 2. Asphalt Concrete 3. Aggregate Base 4. Reinforcing Steel 5. Pipe 6. Street Lights ' 7. Traffic Signal Equipment Drawings shall show the name of the project, the name of the Contractor, and, if any, the ' name of the suppliers manufacturers, and subcontractors. Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the work. Drawings shall be submitted on 8 -1/2" by 11" , 11" by 1T', or 24" by 36" Isheet sizes only. I 5 -10 By submitting shop drawings, the Contractor represents that materials, equipment, and other work shown thereon conform to the plans and specifications, except for the deviations set forth in the letter of transmittal. Within fifteen (15) days after receipt of said drawings, the Engineer will return two (2) prints of the drawings to the Contractor with its comments noted thereon. If so noted by the Engineer, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor shall direct specific attention in the letter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the City's representative on previous submittals. No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City's representative and returned to the Contractor with a notation indicating that resubmittal is not required. The review by the Engineer is only of general conformance with the design concept of the project, and general compliance with the plans and specifications, and shall not be construed as relieving the Contractor of the full responsibility of providing materials, equipment, and work required by the Contract; the proper fitting and construction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of construction; and performing the work in a safe manner. These items represent the minimum and additional maybe requested by the Engineer as required. 5-1.19 INSPECTION OF WORK AND TESTING LABORATORY — Inspection of the work will be under the supervision of the Engineer and will include monitoring and enforcing compliance of materials, equipment, installations, workmanship, methods and requirements of the contract documents. The Engineer may be represented on the work site by other duly authorized representatives. All submittals and correspondence between the City of Newport Beach and the Contractor, related to inspection of the work on this contract, shall be directed to the Engineer. tIn addition to any inspection required by codes and/or ordinances or these specifications, Contractor shall notify the Engineer sufficiently in advance of the permanent concealment of any materials of work. The following list is typical, but is not inclusive of such required inspection: 1. Foundation/subgrade material, footing and slab beds. 2. Reinforcing for concrete and masonry. 3. Contact surface of concrete surfaces. 1 5 -11 4. Concrete and masonry surfaces. 5. Piping and conduit. 6. Finish grade prior to paving, seeding or planting. 7. All soil mixes prior to installation. ' 8. All chemicals and amendments prior to installation or application. Work or materials concealed or performed without prior notice specified above will be subject to such tests or exposure as may be necessary to prove to the satisfaction of the Engineer that all materials used and the work done are in conformance with the contract documents. All labor and equipment necessary for exposing and testing shall be furnished ' and paid for by the Contractor. The Contractor shall replace, without additional cost to the City, any materials or work damaged by exposure or testing. The Engineer shall be responsible for providing a certified laboratory for the testing of all materials and work on this project. The Contractor shall notify the Engineer in less than two (2) working days in advance of any required materials testing. Any retesting ordered by the Engineer shall be done at the Contractor's expense. I I I I u 1 I 1 5 -12 SECTION S. MATERIALS I! SECTION 8-1. MISCELLANEOUS 8 -1.01 SLAG AGGREGATE .— Aggregate produced from slag resulting from any ' steel- making process or from air - cooled iron blast furnace slag shall not be used on this project. 8 -1.02 MEASUREMENT OF QUANTITIES. -- Attention is directed to the provisions in Section 9 -1.01, "Measurement of Quantities," of the Standard Specifications and these special provisions. The following is added after the third paragraph in Section 9 -1.01, "Measurement of ' Quantities," of the Standard Specifications: All elements of the material plant controller which affect the accuracy or delivery of data shall be made available for the application of security seals. These devices will be inspected and adjusting elements sealed prior to the first production of materials for ' the contract. The security seals will be furnished by the Engineer. Material production shall cease when alteration, disconnection, or otherwise manipulation of the security seals occur and production shall not resume until the device is inspected and resealed by the Engineer. 8 -1.03 SUBSTITUTION OF NON -METRIC MATERIALS AND PRODUCTS — Only materials and products conforming to the requirements of the specifications shall be incorporated in the work. When metric materials and products are not available, and when approved by the Engineer, and at no cost to the State, materials and products in the inch -pound (imperial) system which are of equal quality and of the required properties and ' characteristics for the purpose intended, may be substituted for the equivalent metric materials and products, subject to the following requirements: Materials and products shown on the plans or in the special provisions as being equivalent may be substituted for the metric materials and products specified or detailed on the plans. Before other non -metric materials and products will be considered for use the ' Contractor shall furnish, at the Contractor's expense, evidence satisfactory to the Engineer that the materials and products proposed for use are equal to or better than the materials and products specified or detailed on the plans. The burden of proof as ' to the quality and suitability of substitutions shall be upon the Contractor and the Contractor shall furnish all information necessary as required to the Engineer. The Engineer will be the sole judge as to the quality and suitability of the substituted materials and products and the Engineer's decision shall be final. ' When the Contractor elects to substitute non -metric materials and products, including ' 8 -1 materials and products shown on the plans or in the special provisions as being equivalent, the list of sources of material as specified in Section 6 -1.01, "Source of ' Supply and Quality of Materials," of the Standard Specification shall include a fist of substitutions to be made and contract items involved. In addition, for any change in design or details the Contractor shall submit plans and working drawings in accordance with Section 5 -1.02, "Plans and Working Drawings," of the Standard Specifications. ' Attention is directed to "Reinforcement" in these special provisions for allowable substitutions of imperial reinforcing bars for metric reinforcing bars. ' The following substitutions of materials and products will be allowed: SUBSTITUTION TABLE FOR SIZES OF HIGH STRENGTH STEEL FASTENERS, ASTM Designation: A 325M METRIC SIZE SHOWN ON THE PLANS nun x thread pitch R&ERiAL SIZE TO BE SUBSTITUTED inch M16x2 5/8 M20 x 2.5 3/4 M22 x 2.5 718 M24x3 1 M27 x 3 W2.9 M30 x 3.5 1 -1/4 M36 x 4 1 -1/2 SUBSTITUTION TABLE FOR PLAIN WIRE REINFORCEMENT, ASTM DESIGNATION: A 82 METRIC SIZE SHOWN ON THE PLANS mm2 US CUSTOMARY UNITS SIZE TO BE SUBSTITUTED inch2 x 100 MW9 W 1.4 W10 W 1.6 MW 13 W2.0 MW 15 W2.3 MW 19 W2.9 MW20 W3.1 MW22 W3.5 MW25 W3.9, except W3.5 in piles only MW26 W4.0 MW30 W4.7 MW32 W5.0 MW35 W5A MW40 W6.2 MW45 W6,5 8 -2 MW50 W7.8 MW55 W8.5, except W8.0 in piles only MW60 W9.3 MW70 W10.9, except W11.0 in Iles o MW80 W12.4 MW90 W14.0 MW 100 W15.5 The sizes in the following tables of materials and products are exact conversions of metric sizes of materials and products and are fisted as acceptable equivalents: CONVERSION TABLE FOR SIZES OF: (1) STEEL FASTENERS FOR GENERAL APPLICATIONS, ASTM Designation: A 307 or AASHTO Designation: M 314, Grade 36 or 55, and (2) HIGH STRENGTH STEEL FASTENERS, ASTM Designation: A 325 or A 449 0 METRIC SIZE SHOWN ON THE PLANS mm EQUIVALENT IMPERIAL SIZE inch 6, or 6.35 1/4 8 or 7.94 5/16 10, or 9.52 3/8 11 or 11.11 7/16 13 or 12.70 1/2 14, or 14.29 9/16 16, or 15.88 5/8 19,or 19.05 3/4 22, or 22.22 7/8 24, 25, or 25.40 1 29, or 28.58 1 -1/8 32, or 31.75 1 -1/4 35, or 34.93 1 -3/8 38 or 38.10 1 -1/2 44, or 44.45 1 -3/4 51, or 50.80 2 57, or 57.15 2 -1/4 64, or 63.50 2 -1/2 70 or 69.85 2 -3/4 76, or 76.20 3 83, or 82.55 3 -1/4 89 or 88.90 3 -1/2 95 or 95.25 3 -3/4 102, or 101.60 4 8 -3 CONVERSION TABLE FOR NOMINAL THICKNESS OF SHEET METAL UNCOATED HOT AND COLD ROLLED SHEETS HOT DIPPED ZINC COATED GALVANIZED SHEETS METRIC THICK- NESS SHOWN ON THE PLANS mm EQUIVA- LENT US STAND -ARD GAGE inch METRIC THICK -NESS SHOWN ON THE PLANS mm EQUNA- LENT GALVAN- IZED SHEET GAGE inch 7.94 0.3125 6.07 0.2391 5.69 0.2242 5.31 0.2092 4.94 0.1943 4.55 0.1793 4.18 0.1644 4.270 0.1681 3.80 0.1495 3.891 0.1532 3.42 0.1345 3.510 0.1382 3.04 0.1196 3.132 0.1233 2.66 0.1046 2.753 0.1084 2.28 0.0897 2.372 0.0934 1.90 0.0747 1.994 0.0785 1.71 0.0673 1.803 0.0710 1.52 0.0598 1.613 0.0635 1.37 0.0538 1.461 0.0575 1.21 0.0478 1.311 0.0516 1.06 0.0418 1.158 0.0456 0.91 0.0359 1.006 of 1.016 0.0396 0.84 0.0329 0.930 0.0366 0.76 0.0299 0.853 0.0336 0.68 0.0269 0.777 0.0306 0.61 0.0239 0.701 0.0276 0.53 0.0209 0.627 0.0247 0.45 0.0179 0.551 0.0217 0.42 0.0164 0.513 0.0202 0.38 0.0149 0.475 0.0187 84 .1 I l 1 I , 11 1 I1 CONVERSION TABLE FOR WIRE METRIC THICKNESS SHOWN ON THE PLANS mm EQUIVALENT USA STEEL WERE THICKNESS inch GAGE NO. 6.20 0.244 3 5.72 0.225 4 5.26 0.207 5 4.88 0.192 6 4.50 0.177 7 4.11 0.162 8 3.76 0.148 9 3.43 0.135 10 3.05 0.120 11 2.69 0.106 12 2.34 0.092 13 2.03 0.080 14 1.83 0.072 15 1.57 0.062 16 1.37 0.054 17 1.22 0.048 18 1.04 0.041 19 0.89 0.035 20 CONVERSION TABLE FOR PIPE PILES METRIC SIZE SHOWN ON THE PLANS mm x mm EQUIVALENT IMPERIAL SIZE inch x inch PP 360 x 4.55 NPS 14 x 0.179 PP 360 x 6.35 NPS 14 x 0.250 PP 360 x 9.53 NPS 14 x 0.375 PP 360 x 11.12 NPS 14 x 0.438 PP 406 x 12.70 and + PP 460 x 1. NPS 16 x 0.500 + Applies only to Standard Plan 132 -11, Alternative "W" Steel Pi - Pile Details. 8 -5 k1 ,I i II F I Il L�' 1 u I Ii I ' CONVERSION TABLE FOR STRUCTURAL TIMBER AND LUMBER METRIC MIND" DRESSED DRY, SHOWN ON THE PLANS mm x mm METRIC MINIMUM DRESSED GREEN, SHOWN ON THEPLANS mm x mm EQUIVALENT NOMINAL U S SIZE inch x inch 19x89 20x90 1x4 38x89 40x90 2x4 64x89 65x90 3x4 89x89 90x90 4x4 140x140 143x143 6x6 140x184 143x190 6x8 184x184 190x190 8x8 235x235 241x241 10x10 286x286 292x292 12x12 CONVERSION TABLE FOR NAILS AND SPIKES METRIC METRIC METRIC EQUIVA- COMMON BOX NAIL, SPIKE, LENT NAIL, SHOWN SHOWN POERIAL SHOWN ON THE ON THE SIZE ON THE PLANS PLANS PLANS Length, nun Length, nun Length, mm Diameter, Diameter, Diameter, Penny - mm nun mm weight 50.80 50.80 6d 2.87 2.51 63.50 63.50 8d 3.33 2.87 76.20 76.20 76.20 10d 3.76 3.25 4.88 82.55 82.55 82.55 12d 3.76 3.25 4.88 88.90 88.90 88.90 16d 4.11 3.43 5.26 101.60 101.60 101.60 20d 4.88 3.76 5.72 114.30 114.30 114.30 30d 5.26 3.76 6.20 127.00 127.00 127.00 40d 5.72 4.11 6.68 139.70 50d 7.19 152.40 60d 7.19 8 -6 5-1.04 PREQUALOUD AND TESTED SIGNING AND DELINEATION MATERIALS.- -The Department maintains a trade name list of approved prequalified and tested signing and delineation materials and products. Approval of prequalified and tested products and materials shall not preclude the Engineer from sampling and testing any of the signing and delineation materials or products at any time. The listing of approved prequalified and tested signing and delineation materials and products cover the following: MATERIALS AND PRODUCTS Temporary pavement markers Striping and pavement marling tapes Pavement markers, reflective and non - reflective Flexible Class I delineators and channelizers Object and barrier markers Railing, sound wall and barrier delineators Sign sheeting and base materials Reflective sheeting for barricades Reflective sheeting for channelizers Reflective sheeting for markers and delineators Reflective sheeting for traffic cone sleeves Reflective sheeting for barrels and drums None of the above listed signing and delineation materials and products shall be used in the work unless the material or product is listed on the Department's List of Approved Traffic Products. A Certificate of Compliance shall be furnished as specified in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications for signing Prid delineation materials and products. This Certificate of Compliance shall also certify that the signing and delineation material or product conforms to the prequalified testing and approval of the Department of Transportation, Division of Traffic Operations, and was manufactured in accordance with the approved quality control program. Materials and products will be considered for addition to the approved prequalified and tested list if the manufacturer of the material or product submits to the Division of Traffic Operations a sample of the material or product. The sample shall be sufficient to permit performance of all required tests. Approval of such materials or products will be dependent upon a determination as to compliance with the specifications and any test the Department may elect to perform. The following is a listing of approved prequalified and tested signing and delineation materials and products: PAVEMENT MARKERS, PERMANENT TYPE REFLECTIVE M 7 L Adelite (4 "x4 ") ' Apex (4 "x4 ") Pavement Markers, Inc., "Hye -Lite" (4 "x4 ") ' Ray- O -Lite, Models SS, RS, and AA (4 "x40) Ray- O -Lite, Models 2002 (2.4 "x4.7 ") Stimsonite, Model 88 (4"x4") REFLECTIVE WITH ABRASION RESISTANT SURFACE ' Ray- O -Lite "AA" ARS (4" x4 ") Ray- O -Lite Mod. 2002 ARS (2.2 "x4.7 ") Stimsonite, Model 911 (4 "x4 ") Stimsonite, Model 944 SB (2 "x4 ") Stimsonite, Model 948 (23"x47") Stimsonite, Model 953 (2.75"x4.5 ") Not for recessed applications NON - REFLECTIVE FOR USE WITH EPDXY OR BITUMEN ADHESIVE ' Apex Universal (Ceramic) Highway Ceramics Inc. (Ceramic) Zumar, TM40W/Y (Polyester) NON - REFLECTIVE FOR USE WITH BITUMEN ADHESIVE ONLY Elgin Molded Plastics, "Empco -Lite" Model 900 (ABS) Hi -Way Safety Inc., Models P20 -2000W and 2001Y (ABS) Interstate Sales, "Diamond Back" (ABS) ' Loomis Plastics, D -Dot (ABS) Pavement Markers Inc., (Marker Supply) - Models Al 107 and AY1108 (ABS) ' Road Creations, Model RCB4NR (Acrylic) PAVEMENT MARKERS, TEMPORARY TYPE ' TEMPORARY MARKERS FOR LONG TERM DAY/NIGHT USE (6 Months or less) Apex Universal, Model 924 (4 "x4 ") Elgin Molded Plastics, "Empco -Lite" Model 901 (4" Round) ' Road Creations, Model R41C (4 "x4 ") TEMPORARY MARKERS FOR SHORT TERM DAY/NIGHT USE (14 days or ' less) Davidson Plastics, Models TOM (Standard) with Reflexite PC -1000, or (WZ) ' with Reflexite AC -1000 Sheeting 1 8 -8 Hi -Way Safety Inc., Model 1280 /1281 with Reflexite PC -1000 Stimsonite, Model 300 "Temporary Overlay Marker" TEMPORARY MARKERS FOR SHORT TERM DAY/NIGHT USE (14 days or less at seal coat locations) Davidson Plastics, Models TRPM (Standard) with Reflexite PC -1000, or (WZ) with Reflexite AC -1000 Sheeting Davidson Plastics, Models "HH" (High Heat) TRPM (Standard) with Reflexite PC -1000, or (WZ) with Reflexite AC -1000 Sheeting Hi -Way Safety Inc., Model 1280 /1281 with Reflexite PC -1000 Stimsonite, Model 301 Chip Seal Marker with 0.5 "x4" Stimsonite Type RIC Sheeting STRIPING AND PAVEMENT MARKING MATERIAL PERMANENT TRAFFIC STRIPING AND PAVEMENT MARKING TAPE (For use on high and low volume roadways) Advanced Traffic Marking, Series 300 and 400 Brite -Line, Series 1000 Swarco Industries, "Director" 3M, "Stamark" Series 380, A420, A440 and 5730 (For use on low volume roadways only) 3M, "Stamark" Series A320 Bisymetric PREFORMED THERMOPLASTIC Flint Trading, 'Premark "" Pavemark, "Hotape" TEMPORARY REMOVABLE STRIPING AND PAVEMENT MARKING TAPE Advanced Traffic Marking, ATM Series 200 Brite -Line, Series 100 Swarco Industries, 'Director -2" 3M, "Stamark" Brand, Detour Grade, Series 5710 REMOVABLE TRAFFIC PAINT Belpro, Series 250/252 and No. 93 Remover 8 -9 CLASS 1 DELINEATORS ONE -PIECE DRIVEABLE FLEXIBLE TYPE, 1200 mm (48 ") Carsonite, Curve -Flex CFRM400 Carsonite, Roadmarker CRM -375 Davidson Plastics, "Flexi -Guide 400" GreenLine Model HWDI -66 GreenLine Model CGDI -66 SPECIAL USE FLEXIBLE TYPE, 1200 mm (48 ") Carsonite, "Survivor" with 18" U- Channel anchor FlexStake, H -D GreenLine HWD with 18" soil anchor GreenLine CGD with 18" soil anchor Safe -Hit with 8" pavement anchor (SH248 -GPR and SHAI- 08 -PI) Safe -Hit, with 15" or 18" soil anchor SURFACE MOUNT FLEXIBLE TYPE, 1200 mm (48 ") Bent Manufacturing Co., "Masterflex" Model MF- 180EX-48" Carsonite, "Super Duck II" F1exStake, Surface Mount H -D ' CHANNELIZERS SURFACE MOUNT TYPE 900 mm (36 ") ' Bent Manufacturing Co., "Masterflex" Models MF- 360 -36 (Round) and MF- 180 -36" (Flat) Carsonite, "Super Duck" (Flat SDF -436, Round SDR -336) Carsonite, Super Duck 11 "The Channelizer" ' F1exStake, Surface Mount H -D GreenLine SMD -36 Repo, Models 300 and 400 Safe -Hit, Guide Post, Model SH236SMA, with glue down base The Line Connection, "Dura -Post" Model DP36 -3C ' TYPE "K" OBJECT MARKERS 450 mm (18 ") Carsonite, Model SMD -615 Repo, Models 300 and 400 Safe -Hit, Model SH718SMA The Line Connection, Model DP214K (Vertical configuration only) 8 -10 TYPE "Q" OBJECT MARKERS, 450 -600 mm (18 -24 ") Carsonite, Super Duck 11 Repo, Models 300 and 400 Safe -Hit, Models SH824SMA - -WA and SH824GP3 - -WA The Line Connection, Model "DP21 -4Q" CONCRETE BARRIER MARKERS (For use to the left of traffic.) RAPACTABLE TYPE Duraflex Corp., "Flex 2020" Davidson Plastics, Model PCBM -12\ NON- IMPACTABLE TYPE Astro - Optics, JD Series Duraflex "Duna- Mark" Stimsonite, Model 967 (with 3 1/4" Acrylic cube corner reflector) Stimsonite, Model 967LS (with Stimsonite Type MC Sheeting) THRIE BEAM BARRIER MARKERS (For use to the left of traffic.) Duraflex Corp., "Railrider" Davidson Plastics, "Mini" (3 "x10 ") CONCRETE BARRIER DELINEATORS 400 mm (16 "). (For use to the right of traffic. When mounted on top of barrier, places top of reflective element at 48" [1200 mm]) Davidson Plastics, Model PCBM T -16 Safe -Hit, Model SH216RBM SOUND WALL DELINEATOR (On vertical surface, places top of reflective element at 48" [1200 mm].) Davidson Plastics, PCBM S -36 GUARD RAILING DELINEATOR 685 mm (27 ") Wood Post Type. (For use to the right or left of traffic. Places reflective element at 48" [ 1200 mm].) Carsonite, Model 427 Davidson Plastics FG 427 GreenLine GRD 27 -inch Safe -Hit, Model SH227GRD 8 -11 I GUARD RAILING DELINEATOR 685 mm (27 ") Steel Post Type. (For use to the right or left of traffic. Places reflective element at 48" [1200 mm].) Carsonite, Model CFGR -327 with CFGRBK300 Mounting Bracket REFLECTIVE SHEETING FOR: CHANNELIZERS, MARKERS AND DELINEATORS 3M, High Intensity (Long Term) Reflexite, PC -1000, Metalized Polycarbonate (Long Term) Reflexite, AC -1000, Acrylic (Long Term) ' Reflexite, AP -1000, Metalized Polyester (Short Term) Stimsonite, Series 4500 (For Carsonite CurveFlex and Roadmarker delineators only) TRAFFIC CONES ' Type I, Engineer Grade American Decal, Adcofite Avery Dennison, 1500/1600 Nikkalite, 8100 Series 3M, Scotchlite SIGNS Type R, Super Engineer Grade (State - Furnished Signs Only) Avery Dennison, "Fasign" 2500 Series Nikkalite 1800 Series 1 8 -12 330 mm (13 ") Sleeves Reflexite SB (Polyester), Vinyl or "TR" (Semi - transparent) 100 and 150 mm (4" and 6 ") Sleeves 3M Series 3840 Reflexite Vinyl BARRELS AND DRUMS Reflexite, "Super High Intensity" 3M Series 3810 BARRICADES ' Type I, Engineer Grade American Decal, Adcofite Avery Dennison, 1500/1600 Nikkalite, 8100 Series 3M, Scotchlite SIGNS Type R, Super Engineer Grade (State - Furnished Signs Only) Avery Dennison, "Fasign" 2500 Series Nikkalite 1800 Series 1 8 -12 Type III, High Performance 3M Type IV, High Performance Stimsonite Type VI, Roll-Up Signs Reflexite, Vinyl Note: Sheeting Types conforming to the requirements of ASTM Designation: D 4956 -93B SIGN SUBSTRATE FOR CONSTRUCTION AREA SIGNS Aluminum Fiberglass Reinforced Plastic (FRP) Sequentia, "Polyplate" Fiber -Brite 8-1.05 CITY - FURNISHED MATERIALS. -- Attention is directed to Section 6 -1.02, "State- Furnished Materials," of the Standard Specifications and these special provisions. The following materials will be furnished to the Contractor: Sign panels for roadside signs and overhead sign structures. 8 -1.06 ENGINEERING FABRICS. -- Engineering fabrics shall conform to the requirements in Section 88, "Engineering Fabrics," of the Standard Specifications and these special provisions. All filter fabric for this project shall be ultraviolet ray (UV) protected. SECTION 8 -2. CONCRETE 8 -2.01 TRANSPORTING MIXED CONCRETE — The ninth and tenth paragraphs in Section 90 -6.03, "Transporting Mixed Concrete," of the Standard Specifications are amended to read: Each load of ready -mixed concrete delivered at the jobsite shall be accompanied by a ticket showing the mix identification number, non - repeating load number, date and time at which the materials were batched, the total amount of water (liters) added to the load and: for transit -mixed concrete, the reading of the revolution counter at the time the truck mixer is charged with cement. This ticket shall also show the actual scale masses (kilograms) for the ingredients batched or the calculated portland cement concrete volume (cubic meters). Theoretical or target batch masses shall not be used 0& �I as a substitute for actual scale masses. When showing a calculated portland cement concrete volume on the delivery ticket, the Contractor shall maintain and have available a record of the following information for each batched load: ' 1. Mix identification number; specific to the contract. 2. Load number; shall match the load number on the delivery ticket. 3. Date and time the load was batched. ' 4. Actual batch mass (kilograms) for each ingredient. 5. Any water (liters) added at the plant, in addition to the water proportioned for the batch. When requested, the Contractor shall submit the recorded information for calculated portland cement concrete volumes to the Engineer. The information shall be provided in printed form, or if acceptable to the Engineer, data may be submitted on a 90 -mm diskette. If a diskette is submitted, the data shall be in a tab - delimited text format or data interchange format (DIF), readable in both the MS -DOS and MACINTOSH systems. 8 -2.02 ADMIXTURES. -- Section 90 -4.02, "Materials," of the Standard Specifications is ' amended by adding the following material to those listed: Silica Fume —ASTM Designation: C 1240, with reduction of mortar expansion of 80 percent, minimum, using the portland cement from the proposed mix design. The first subparagraph of the first paragraph in Section 90 -4.05, "Optional Use of Chemical Admixtures," of the Standard Specifications is deleted and the second subparagraph of the first paragraph in Section 90 -4.05 is amended to read: When a water - reducing admixture or a water - reducing and retarding admixture is used, the cement content specified or ordered may be reduced by a maximum of 5 percent by mass except that the resultant cement content shall be not less than 300 kg/m3. ' Section 90 -4.08, "Required Use of Mineral Admixtures," of the Standard Specifications is amended by adding the following before the first paragraph: ' Mineral admixture will be required in the manufacture of concrete containing aggregate that is determined to be "deleterious" or "potentially deleterious" as specified in Section 90 -2.02, "Aggregates ". The calcium oxide content of mineral admixtures shall not exceed 10 percent. Where Section 90 -1.01, 'Description," specifies a maximum cement content in kilograms per cubic meter, the total mass of portland cement and mineral admixture per cubic meter shall not exceed the specified maximum cement content. The concrete shall conform to one of the following: 8 -14 1. The concrete containing "Type IP (MS) Modified" cement shall conform to the provisions in Section 90 -2.01, "Portland Cement," except that the mineral admixture used in the manufacture of "Type IP (MS) Modified" cement shall have a calcium oxide content not exceeding 2 percent, and an alkali content not exceeding 4 percent. The amount of cement shall be sufficient to satisfy the specified minimum cement content. 2. When the calcium oxide content in a mineral admixture does not exceed 2 percent, the portland cement in the concrete shall conform to the provisions in Section 90 -2.01, "Portland Cement," with an amount not less than 85 percent of the amount required to satisfy the specified minimum cement content. The concrete shall also contain the mineral admixture in an amount not less than 15 percent, by mass, of the amount of cement required to satisfy the specified minimum cement content. The mineral admixture shall conform to the requirements in ASTM Designation: C 618, Class N or F, except that the alkali content shall not exceed 4 percent. 3. When the calcium oxide content in a mineral admixture is between 2 percent and 10 percent, the Portland cement in the concrete shall conform to the provisions in Section 90 -2.01, "Portland Cement," with an amount not less than 85 percent of the amount required to satisfy the specified minimum cement content. The concrete shall also contain the mineral admixture in an amount not less than 30 percent, by mass, of the amount of cement required to satisfy the specified minimum cement content. The mineral admixture shall conform to the requirements in ASTM Designation: C 618, Class N or F, except that the alkali content shall not exceed 4 percent. 4. The Portland cement in the concrete shall conform to the provisions in Section 90 -2.01, "Portland Cement," with an amount required to satisfy the specified minimum cement content. The concrete shall also contain a mineral admixture in an amount not less than 10 percent, by mass, of the amount of cement required to satisfy the specified minimum cement content. The mineral admixture shall conform to these provisions for silica fume. 8 -2.03 CEMENT AND WATER CONTENT.- -The first paragraph following the table of penetration ranges in Section 90 -6.06, "Amount of Water and Penetration," of the Standard Specifications is amended to read: The amount of free water used in concrete shall not exceed 183 kg/m3, plus 20 kg for each required 100 kg of cement in excess of 325 kg/m3. The amount of free water used in concrete for deck slabs of bridges and structure ' approach slabs shall not exceed 195 kg/m3, plus 20 kg for each required 100 kg of cement in excess of 400 kg/m3. 8 -15 SECTION 9. DESCRIPTION OF WORK The work under this contract shall consist of furnishing all labor, materials, vehicles, tools machinery, equipment, etc. necessary to construct the Birch Street Overcrossing and South and North Bristol Street widenings. The project will include grading, pavement removal and reconstruction, curb, curb and gutter, sidewalk, drainage improvements, sewer force main improvements, traffic signals, street lights, striping and signing, landscaping and irrigation, traffic control and appurtenant work, all as ahown on the plans, providing qualified supervision and all other items necessary to provide complete improvements to the satisfaction of the City of Newport Beach, California State Department of Transportation, and the Engineer. The work in South Bristol Street west of Birch Street and east of Irvine Avenue as shown on the plans completed by Orange County Public Facilities and Resources Department entitled Plans for Construction of Mesa Drive/Birch Street from Irvine Avenue to So. Bristol Street, March 1997 shall be included and attached to the Project Plans for Construction in Orange County in Newport Beach at and near Birch Street Overcrossing at State Route 73. The bridge work to be done consists, in general, of widening the following existing structure as shown on the plans. BIRCH STREET OVERCROSSING Bridge No. 55 -0636 A two -span, cast -in -place reinforced concrete box girder bridge widening approximately 9 meters in width and 81 meters in length. ' Such items and details not mentioned herein that are required by the plans, Standard Specifications, these special provisions, or any addenda or clarifications shall be furnished, ' placed, installed or performed. The cost of all work shown on the plans described above and required by the Standard Specifications and these special provisions but not specifically identified as a bid item or described within a bid item shall be included in 1 related bid items, and no additional compensation shall become due to the Contractor by nature of compliance with the plans, Standard Specifications and these special provisions. I I I I 1 9 -1 SECTION 10. CONSTRUCTION DETAILS 10 -1.00 GENERAL.— The work in South Bristol Street west of Birch Street and east of Irvine Avenue as shown on the plans completed by Orange County Public Facilities and Resources Department entitled Plans for Construction of Mesa Drive/Birch Street from Irvine Avenue to So. Bristol Street, March 1997 shall be included and attached to the Project Plans for Construction in Orange County in Newport Beach at and near Birch Street Overcrossing at State Route 73. Full compensation for the work shown on the plans, as specified m the Standard Specifications, these special provisions and as directed by the Engineer for Construction of Mesa Drive/Birch Street from Irvine Avenue to So. Bristol Street, March 1997 project, for the work in South Bristol Street west of Birch Street and east of Irvine Avenue, shall be considered as included in the contract prices paid for various related items of work in the PROPOSAL and no additional compensation will be allowed therefor. 10 -1.01 CONSTRUCTION PROJECT FUNDING IDENTIFICATION SIGNS.- - Before any major physical construction work readily visible to highway users is started on this contract, the Contractor shall furnish and erect 2 Construction Project Funding Identification Signs at the locations designated by the Engineer. The signs shall be of a type and material consistent with the estimated time of completion ' of the project and shall conform to the details shown on the plans in the appendix and in these special provisions. The Engineer will provide the Contractor with the information and logos to be included on the signs. ' The signs shall be kept clean and in good repair by the Contractor. Upon completion of the work, the signs shall be removed and returned to the City. Full compensation for furnishing, erecting, maintaining, and removing and returning to the ' City construction project funding identification signs shall be considered as included in the contract lump sum price paid for construction area signs and no additional compensation will be allowed therefor. 10 -1.02 ORDER OF WORK.- -Order of work shall conform to the provisions in Section 5 -1.05, "Order of Work," of the Standard Specifications and these special provisions. 1 Attention is directed to "Water Pollution Control' of these special provisions. Prior to commencement of the traffic signal functional test at any location, all items of work related to signal control shall be completed and roadside signs and all pavement 1 10 -1 II '1 delineation and pavement markings shall be in place at that location, unless directed _ otherwise by the Engineer. M Attention is directed to cooperation of these special provisions. Prior to commencement of construction for any new storm drain facility, the Contractor shall pothole all existing storm drain lines in order to verify invert elevations. Within the first ten (10) working days after being issued a notice to proceed, the Contractor shall pothole each location where a storm drain pipe or inlet structure presents a possible conflict with existing underground electrical conduits or vaults and gas lines. The Contractor shall notify the Engineer immediately in the event of a discrepancy between the elevations shown on the plans and the potholed elevations determined in the field. Prior to commencement of construction for the sewer force main, the Contractor shall verify depth and location of the 36 -inch steel casing for the 24 -inch Green Acres reclaimed water main. The Contractor shall notify the Engineer immediately in the event of a ' discrepancy between the elevations shown on the plans and the potholed elevations determined in the field. Temporary crash cushions, temporary railing (Type K), barricades, delineators and construction area signs where shown on the stage construction plans, shall be in place prior to beginning work. ' Prior to the end of each working day, the Contractor shall perform a test drive in all directions to ensure that all traffic control devices are in place and in good working ' condition. If any removal of existing fence is necessary, removal of existing fence and construction of new fence shall be scheduled so that positive access control is maintained at all times. At the option of the Contractor, temporary fence may be used to provide the positive access control. Full compensation for this work shall be considered as included in the contract price paid for items involved and no separate payment will be allowed therefor. Clearing, grubbing and earthwork operations shall not be performed in areas where existing irrigation facilities are to remain, until such faciliti °s have been checked for proper operation as specified under "Highway Planting and Irrigation Systems," elsewhere in ' these special provisions. The first order of work shall be to place the order for the traffic signal equipment. The Contractor shall furnish the Engineer with a statement from the vendor that the order for the traffic signal equipment has been received and accepted by the vendor. The uppermost layer of new pavement shall not be placed until all underlying conduits and loop detectors have been installed. rl V 10 -2 Prior to commencement of the traffic signal functional test at any location, all items of work related to signal control shall be completed and roadside signs and all pavement delineation and pavement markings shall be in place at that location. Attention is directed to "Maintaining Traffic" and "Temporary Pavement Delineation" of these special provisions and to the stage construction sheets of the plans. The work shall be performed in conformance with the stages of construction shown on the plans. Nonconflicting work in subsequent stages may proceed concurrently with work in preceding stages, provided satisfactory progress is maintained in the preceding stages of construction. In each stage, after completion of the preceding stage, the first order of work shall be the removal of existing pavement delineation as directed by the Engineer. Pavement delineation removal shall be coordinated with new delineation so that lane lines are provided at all times on traveled ways open to public traffic. Before obliterating any pavement delineation that is to be replaced on the same alignment and location, as determined by the Engineer, the pavement delineation shall be referenced by the Contractor, with a sufficient number of control points to reestablish the alignment and location of the new pavement delineation. The references shall also include the limits or changes in striping pattern, including one- and 2 -way barrier lines, limit lines, crosswalks and other pavement markings. Full compensation for referencing pavement delineation shall be considered as included in the contract prices paid for new pavement delineation and no additional compensation will be allowed therefor. At the end of each working day if a difference in excess of 0.45- meters exists between the elevation of the existing pavement and the elevation of any excavation within 1.5 m of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose, however, once the placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of existing pavement and tapered at a slope of 1:4 (vertical: horizontal) or flatter to the bottom of the excavation. Treated base shall not be used for the taper. Full compensation for placing the material on a 1:4 slope, regardless of the number of times it is required, and subsequent removing or reshaping of the material to the lines and grades shown on the plans shall be considered as included in the contract price paid for the materials involved and no additional compensation will be allowed therefor. No payment will be made for material placed in excess of that required for the structural section. 10 -1.03 WATER POLLUTION CONTROL.- -Water pollution control work shall conform to the requirements in Section 7- 1.01G, "Water Pollution," of the Standard Specifications, and these special provisions. 10 -3 I1 Water pollution control work shall conform to the requirements of the "Caltrans Storm Water Quality Handbook, Construction Contractor's Guide and Specifications ", dated May 10, 1996, hereafter referred to as the "Handbook ". Copies of the Handbook may be obtained from the Department of Transportation, Material Operations Branch, Publication ' Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916)445 -3520. ' All areas outside of the project limits disturbed by the Contractor for the prosecution of the work shall also be subject to the requirements of these special provisions. The Contractor shall be fully responsible for all costs and liabilities associated with water pollution control measures in areas outside the project limits. Conformance with the requirements of this section shall not relieve the Contractor from the Contractor's responsibilities, as provided in Section 7 -1.11, "Preservation of Property," and Section 7 -1.12, "Responsibility for Damage," of the Standard Specifications. ' WATER POLLUTION CONTROL PROGRAM PREPARATION, APPROVAL, AND UPDATES. -- As part of the water pollution control work, a Water Pollution Control Program, hereafter referred to as the "WPCP ", is required for this contract. The WPCP shall conform to the requirements in Section 7- 1.01G, "Water Pollution," of the Standard Specifications, Section 2, "Developing a WPCP ", of the Handbook, and these special provisions. The objectives of the WPCP shall be to identify pollution sources that may affect the quality of storm water discharges and to identify, construct, implement and maintain water pollution control measures, hereafter referred to as control measures, to reduce pollutants in storm water discharges associated with construction activity under the contract. The WPCP shall include all items required by the Handbook for a WPCP including, but not limited to, the following: 1. Project description and Contractor's certification; 2. Project information; 3. Pollution sources and control measures; and 4. Amendments, if any. The WPCP shall address control measures in all of the following categories: 1. Erosion and sediment source control practices; ' 2. Sediment treatment control practices; 3. Tracking control practices; 4. Wind erosion control practices; and 5. Construction waste management practices. 1 1 104 L Erosion and sediment control measures shall be provided throughout the winter season, defined as between October 1 and May 1. Implementation of erosion and sediment control measures shall be completed no later than 20 days prior to the beginning of the winter season. 10 -5 The Contractor shall conduct operations in such a manner so as to achieve the protective measures specified in the Handbook. In addition, the Contractor shall consider all potential control measures fisted and described in the Handbook in each of the above categories. The Contractor shall document the selection process in accordance with the procedure outlined in the Handbook. The WPCP shall include the signature and title of the person responsible for the ' preparation of the WPCP. The WPCP shall also indicate the date of initial preparation. Within 10 days after the approval of the contract, the Contractor shall submit 3 copies of the WPCP to the Engineer for approval. The Contractor shall allow 5 days for the Engineer to review the WPCP. If revisions are required, as determined by the Engineer, the Contractor shall submit a revised plan within 5 days. No work having potential to cause water pollution, as determined by the Engineer, shall be performed until the WPCP has been approved by the Engineer. Upon approval, 3 additional copies shall be submitted to the Engineer with the required changes. Minor changes or clarifications to the initial ' submittal may be made and attached as amendments to the WPCP. In order to allow construction activities to proceed, the Engineer may conditionally approve the WPCP while minor amendments are being completed. The Contractor shall amend the WPCP whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The WPCP shall also be amended if the WPCP has not achieved the general objective of reducing pollutants in storm water discharges. ' Amendments shall be dated and attached to the onsite WPCP document. ' The Contractor shall keep a copy of the WPCP, together with all updates, revisions and amendments at the construction site. WATER POLLUTION CONTROL PROGRAM IMPLEMENTATION. -- Upon approval of the WPCP, the Contractor shall be responsible for installing, constructing, and implementing all control measures included in the WPCP. Requirements for installation, 1 construction and implementation of control measures are specified in the Handbook. If the control measures being taken by the Contractor are inadequate to control water pollution effectively, the Engineer may require the Contractor to revise the Contractor's operations and amend the WPCP at no additional cost to the Department. Erosion and sediment control measures shall be provided throughout the winter season, defined as between October 1 and May 1. Implementation of erosion and sediment control measures shall be completed no later than 20 days prior to the beginning of the winter season. 10 -5 I ' The Contractor shall demonstrate the ability and preparedness before the onset of precipitation to fully deploy erosion control measures to protect the entire construction ' area, or work may be suspended by the Engineer. During the winter season, nonactive construction areas that have the potential to erode due to previous construction activities shall be fully protected. t During the winter season, active construction locations shall be fully protected at the end of each working day, unless fair weather is predicted through the following work day. The weather forecast shall be monitored by the Contractor on a daily basis. The 3 to 5 day National Weather Service forecast shall be used. The Contractor may propose an alternative weather forecast for use if approved by the Engineer. If precipitation is predicted prior to the end of the following work day, construction scheduling shall be modified, as required, to provide functioning water pollution control measures prior to the onset of the precipitation. If the work in any area has not progressed to a point where all or part of the facilities on the WPCP for that area can be constructed, the Contractor shall construct such supplementary control facilities as are necessary to protect adjacent private and public property. Construction waste management control measures, such as vehicle maintenance and waste control measures, shall be provided year -round throughout the duration of the project. INSPECTION AND MAINTENANCE. -- To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the WPCP. The Contractor shall identify corrective actions and time frames to address any deficient measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the Handbook shall be used to ensure that the necessary measures are being properly implemented and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer. During the winter season, inspections of the construction site shall be conducted by the 1 Contractor to identify deficient measures, as follows: 1. prior to a predicted storm; 2. after all precipitation which causes runoff capable of carrying sediment from the construction site; 1 10 -6 I ' 3. at 24 hour intervals during extended precipitation events; and ' 4. routinely, on a minimum twice monthly basis. ' If the Contractor identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected in a timely manner. If the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, ' the Contractor will be notified in writing and the deficiencies shall be corrected in a timely manner at no additional cost to the Department. ' PAYMENT. —Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work involved and no additional compensation will be allowed therefor. ' The Engineer will retain an amount equal to 25 percent of the estimated value of all contract work performed during estimate periods in which the Contractor fails to conform ' to the requirements of this section, "Water Pollution Control," as determined by the Engineer. Retentions for failure to conform to the requirements of this section shall be in addition to all other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the requirements of this section will be released for payment on ' the next monthly estimate for partial payment following the date that a water pollution control program has been implemented and maintained, and water pollution is adequately controlled, as determined by the Engineer. 10 -1.04 PRESERVATION OF PROPERTY. — Attention is directed to the provisions in ' Section 7 -1.11, "Preservation of Property," of the Standard Specifications and these special provisions. ' Existing trees, shrubs and other plants, that are not to be removed and are injured or damaged by reason of the Contractor's operations, shall be replaced by the Contractor in accordance with the requirements in Section 204.07, "Replacement," of the Standard ' Specifications and the following: The minimum size of tree replacement shall be 600 mm box and the minimum size ' of shrub replacement shall be No. 15. Replacement ground cover plants shall be from flats and shall be planted 0.3 -m on center. Replacement of Carpobrotus ground cover plants shall be from cuttings and shall be planted 0.3 -m on center. ' Replacement planting of injured or damaged trees, shrubs and other plants shall be completed not less than 20 working days prior to acceptance of the contract. ' Replacement plants shall be watered as necessary to maintain the plants in a healthy condition. 1 10 -7 Damaged or injured plants shall be removed and disposed of outside the highway right of way in accordance with the provisions in Section 74.13 of the Standard Specifications. At the option of the Contractor, removed trees and shrubs may be reduced to chips. Such chipped material shall be spread within the highway right of way at locations designated by the Engineer. 10 -1.05 COOPERATION.--Attention is directed to Sections 7 -1.14, "Cooperation," and 8 -1.10, "Utility and Non - Highway Facilities," of the Standard Specifications and these special provisions. The contractor's attention is directed to the possibility that other construction projects may be under construction at same time during the duration of construction for this project. The contractor shall cooperate with the agencies, their representatives and contractors responsible for these projects at all times. Project: Birch Street/Mesa Drive Widening Project Description: This project involves major street widening improvements to Mesa ' Drive and Birch Street south of South Bristol Street and South Bristol Street west of Birch Street between Birch Street and Campus Drive. 10 -8 All communications with and/or information obtained from the above agencies, their representatives and/or their contractors that will affect this project's schedule and/or work in anyway shall be documented in writing and a copy of said document given to the Engineer with in 48 hours. The following are description of work, responsible agency and contact for projects that may be under construction in the vicinity of this project known to the City at the time of ' preparation of these special provisions: Project: Green Acres Reclaimed Water Line ' Description: This project involves constructing a 24 -inch water main that will carry reclaimed water. The proposed water line will connect to an existing 36 -inch water line in South Bristol Street approximately 1,000 feet west of Campus Drive. The line continues in South Bristol on the north side until approximately 300 feet east of Birch Street when the ' line transverses South Bristol Street and continues Bayview Place then turns south and continues from there. ' Responsible Agency: Orange County Water District Contact: Mike Markus (714) 378 -3305 Project: Birch Street/Mesa Drive Widening Project Description: This project involves major street widening improvements to Mesa ' Drive and Birch Street south of South Bristol Street and South Bristol Street west of Birch Street between Birch Street and Campus Drive. 10 -8 i ' Description: This project involves street widening improvements to Birch Street north of North Bristol Street between North Bristol Street and Quail Avenue. ' Responsible Agency: City of Newport Beach ' Contact: Bill Patapoff (714) 644 -3321 ' 10 -1.06 PROGRESS SCHEDULE.--Progress schedules will be required for this contract and shall conform to the provisions in Section 8 -1.04, "Progress Schedule," of the Standard Specifications and these special provisions. ' The Contractor shall submit a written proposed progress schedule to the Engineer prior to the start of any work. ' 10 -1.07 OBSTRUCTIONS.--Attention is directed to Sections 8 -1.10, "Utility and Non- , Highway Facilities," and 15, "Existing Mghway Facilities," of the Standard Specifications and these special provisions. The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipelines greater than 150 mm in diameter or pipelines operating at pressures greater than 415 kPa (gage); underground electric supply system conductors or cables, with potential to ground of more than 300 V, either directly buried or in duct or conduit which do not have concentric grounded or other effectively grounded metal shields on sheaths. The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include but are not limited to the following: I 1 10 -9 Responsible Agency: Orange County Environmental Management Agency ' Contact: Majid Farhat (714) 834 -6613 ' Project: Birch Street Widening Project ' Description: This project involves street widening improvements to Birch Street north of North Bristol Street between North Bristol Street and Quail Avenue. ' Responsible Agency: City of Newport Beach ' Contact: Bill Patapoff (714) 644 -3321 ' 10 -1.06 PROGRESS SCHEDULE.--Progress schedules will be required for this contract and shall conform to the provisions in Section 8 -1.04, "Progress Schedule," of the Standard Specifications and these special provisions. ' The Contractor shall submit a written proposed progress schedule to the Engineer prior to the start of any work. ' 10 -1.07 OBSTRUCTIONS.--Attention is directed to Sections 8 -1.10, "Utility and Non- , Highway Facilities," and 15, "Existing Mghway Facilities," of the Standard Specifications and these special provisions. The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipelines greater than 150 mm in diameter or pipelines operating at pressures greater than 415 kPa (gage); underground electric supply system conductors or cables, with potential to ground of more than 300 V, either directly buried or in duct or conduit which do not have concentric grounded or other effectively grounded metal shields on sheaths. The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include but are not limited to the following: I 1 10 -9 �I F Notification Center Telephone Number Western Utilities Underground Alert, Inc. 1- 800 -424 -3447 South Shore Utility Branch at (714) 727 -0427 at least two (2) working days (Monday through Thursday) Coordinating Council 1- 800 -541 -3447 DIGS The contractor shall notify John Carlson of Mesa Consolidated Water District at (714) Underground Service 631 -1291 at least two (2) working days (Monday through Thursday) prior to work in the Alert - Southern California 1- 800 - 422 -4133 SA 1- 800 - 227 -2600 ' The Contractor is hereby notified that there is office space and vacant parcels which may be available within the required one mile radius. For more information bidders are advised to contact Mr. Ron Tippetts of the County of Orange Planning and Development Services ' Department at 714 - 834 -5894. 10 -1.10 CONSTRUCTION STAKING. —The Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and bench marks located within the project limits. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision ' of a California- licensed land surveyor or pre -1972 licensed civil engineer, establish 1 10 -10 The contractor shall notify Ralph Bachman of Metropolitan Water District's Operations Branch at (714) 727 -0427 at least two (2) working days (Monday through Thursday) prior to work in the area of Metropolitan's facilities. The contractor shall notify John Carlson of Mesa Consolidated Water District at (714) 631 -1291 at least two (2) working days (Monday through Thursday) prior to work in the ' area of Mesa's facilities. 10 -1.08 DUST CONTROL.- -Dust control shall conform to the provisions in Section 10, "Dust Control," of the Standard Specifications. 10 -1.09 MOBILIZATION: - Mobilization shall conform to the provisions in Section 11, "Mobilization," of the Standard Specifications and these special provisions. The Contractor shall have a construction field office located within a one mile radius of the project site. The Contractor shall provide separate office space with a separate entrance/exit for the Engineer. The office space provided for the Engineer shall meet the following minimum requirements: ' 1. A minimum floor area of 400 square feet and a minimum width of 10 feet. 2. Electric power sufficient to include a minimum of four duplex outlets. 3. Telephone service sufficient to provide a minimum of three separate lines. 4. Integrated sanitary sewer and domestic water service is not required. The Contractor shall provide a chemical toilet facility adjacent to the Engineer's office if no toilet facilities are available within field office building. ' The Contractor is hereby notified that there is office space and vacant parcels which may be available within the required one mile radius. For more information bidders are advised to contact Mr. Ron Tippetts of the County of Orange Planning and Development Services ' Department at 714 - 834 -5894. 10 -1.10 CONSTRUCTION STAKING. —The Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and bench marks located within the project limits. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision ' of a California- licensed land surveyor or pre -1972 licensed civil engineer, establish 1 10 -10 sufficient temporary ties and bench marks to enable the points to be reset by the Contractor after completion of construction. Any ties, monuments and bench marks disturbed during construction shall be reset per Caltrans standards after construction and the tie notes submitted to the Caltrans Survey Branch on 8 -1 /2" by 11" not paper. The Contractor and its sureties shall be liable for, at its expense, any resurvey required due to its negligence in protecting existing ties, monuments, bench marks or any horizontal and vertical controls. The Contractor shall comply with The Land Surveyors Acts #9771 (Record of Surveys - Monumentation) and #8773(Comer Records - Records of Survey for "Lost Corners "). Survey points, lines and monuments shall be established, marked, identified and referenced in accordance with the Caltrans Surveys Manual. Survey notes, drawings, calculations and other survey documentstmaterials shall be completed and delivered to the District Survey Engineer on survey notepads. Field surveys for control of construction shall be the responsibility of the Contractor. The contractor shall be wholly responsible for protecting the stakes and marks for the construction of all improvements shown on the plans and as directed by the Engineer. If any construction staking is removed, lost, disturbed or destroyed by the Contractor prior to and during construction work the Contractor shall replace the stakes and/or marks. All computations, survey notes, and other records necessary to accomplish resetting work shall be neat, legible and accurate. Copies of such computations, notes and other records shall be furnished to the Engineer prior to beginning work that requires their use. ' Construction stakes shall be removed from the site of the work when no longer needed. Upon completion of resetting construction staking and prior to acceptance of the contract, all computations, survey notes, and other data used to accomplish the work shall be furnished to the Engineer. All computations and final survey notes shall be reviewed and accepted by the Engineer prior to completion of contract. Resetting construction staking and removal, relocating and resetting of horizontal and ' vertical survey controls, monuments, ties and bench marks shall include furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in resetting construction staking and removal, relocating and resetting of horizontal and vertical survey controls, monuments, ties and bench marks, as specified in these special provisions and as directed by the Engineer shall be at the Contractor's expense and no additional compensation will be made therefor. ' 10 -1.11 CONSTRUCTION AREA SIGNS. — Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the 10 -11 provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing any excavation for construction area sign posts. The regional notification centers include but are not limited to the following: Notification Center Telephone Number Western Utilities Underground Alert, Inc. 1- 800 -424 -3447 South Shore Utility Coordinating Council 1- 800 -541 -3447 (DIGS) Underground Service Alert- Southern California 1- 800 - 422 -4133 USA 1- 800 - 227 -2600 All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provisions. Type IV reflective sheeting for sign panels for portable construction area signs shall conform to the requirements specified under "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provisions. ' Full compensation for high level warning devices work shall be considered as included in the contract lump sum price paid for construction area signs and no separate payment will be made therefor. ' 10 -1.12 MAINTAINING TRAFFIC.— Attention is directed to Sections 7 -1.08, 'Public Convenience," 7 -1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and to the Section entitled 'Public Safety" elsewhere in these special provisions, and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7- 1.09.Lane closures shall conform to the provisions in the section of ' these special provisions entitled "Traffic Control System for Lane Closure. At all locations where falsework pavement is designated, falsework fighting shall be installed in conformance with the provisions in Section 86 -6.11, "Falsework Lighting," of the Standard Specifications. Openings shall be provided through bridge falsework for the use of public traffic at each location where falsework is constructed over the streets or ' routes listed in the following table. The type, minimum width, height and number of 1 10 -12 openings at each location, and the location and maximum spacing of falsework lighting if required, for each opening, shall conform to the requirements in the table. The width of vehicular openings shall be the clear width between temporary railings or other protective work. The spacing shown for falsework pavement lighting is the maximum distance center to center in meters between fixtures. State Route 73 (Structure Identification; i.e. Str. No., Street Name or Route No. etc.) Number Width Height Vehicle 2 11.4 4.6 Openings Pedestrian Openings Location and Spacing of Fassework Pavement Lighting R and L 12 staggered 1/2 space. (Width and Height in meters.) (R--right side of traffic. L =left side of traffic) (C= Centered overhead.) The exact location of openings will be determined by the Engineer. Personal vehicles of the Contractor's employees shall not be parked on the traveled way, including any section closed to public traffic. The Contractor shall notify local authorities of the Contractor's intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make all arrangements relative to keeping the working are clear of parked vehicles. Whenever vehicles or equipment are parked on the shoulder within 1.8 m of a traffic lane, the shoulder area shall be closed With fluorescent traffic cones or portable delineators ' placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 7.5 m intervals to a point not less than 7.5 m past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. ' A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a portable sign stand with flags. The sign shall be placed where directed by the Engineer. A minimum of one paved traffic lane, not less than 3.6 in wide, shall be open for use by public traffic in each direction of travel. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding ' designated legal holidays, and when construction operations are not actively in progress. 10 -13 Designated legal holidays are: January 1st, the third Monday in February, July 4th, the first Monday in September, November 11th, Thanksgiving Day, and December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday shall be a designated legal holiday. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon written request of the Contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. These deviations shall not be adopted by the Contractor until the Engineer has approved them in writing. All other modifications will be made by contract change order. Pedestrian access facilities shall be provided through construction areas within the right of way as shown on the plans and as specified herein. Pedestrian walkways shall be provided with surfacing of asphalt concrete, Portland cement concrete or timber. Surface shall be skid resistant and free of irregularities. Hand railings shall be provided on each side of pedestrian walkways as necessary to protect pedestrian traffic from hazards due to construction operations or adjacent vehicular traffic. Protective overhead covering shall be provided as necessary to insure protection from failing objects and drip from overhead structures. In addition to the required openings through falsework, the Contractor shall provide pedestrian facilities during pile driving, footing, wall, and other bridge construction operations. At least one walkway shall be available at all times. If the Contractor's operations require the closure of one walkway, then another walkway shall be provided nearby, off the traveled roadway. Railings shall be constructed of wood, S4S, and shall be painted white. Railings and walkways shall be maintained in good condition by the Contractor. Walkways shall be kept clear of obstructions. Full compensation for providing pedestrian facilities shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 10 -1.13 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE. —A traffic control system shall consist of closing traffic and ramp lanes in accordance with the details shown ' on the plans, the provisions of Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, the provisions under "Maintaining Traffic" and "Construction Area Signs" elsewhere in these special provisions and these special provisions. Table A provides permissible hours of lane closures. 10 -14 Table A 10 -15 Permissible Howl of Lane Closures Streeta mp Name Direction Weekdays Friday Night through Saturday Saturday Night through Sunda Comments North Bristol Street Westbound 9am - 3pm 8 - 5am 1 1pm - 7am l 1pm - 9am South Bristol Street Eastbound 9am - 3pm 8 -4am 1 1pm - 7am 1 1pm - 9am Birch Street Northbound loam - 4pm 8 -Sam 1 1pm - 7am l 1pm - 9am Birch Street Southbound 9am - 3pm 8 -5am llpm - 7am l 1pm - 9am South Bristol Of Eastbound 9am - 3pm 8 - 4am 1 ipm - 7am llpm - 9am 10 -15 1 The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take the measures as may be necessary to comply with the ' provisions in Section 7 -1.09, 'Public Safety," of the Standard Specifications. During traffic stripe operations and pavement marker placement operations using bituminous adhesive, traffic shall be controlled, at the option of the Contractor, with either stationary or moving type lane closures. During all other operations traffic shall be ' controlled with stationary type lane closures. The Contractor's attention is directed to the provisions in Section 84 -1.04, 'Protection From Damage," and Section 85 -1.06, "Placement," of the Standard Specifications. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component and shall restore the component to its original location. STATIONARY TYPE LANE CLOSURE. —When lane and ramp closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to ' the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right of way. Each vehicle used to place, maintain and remove components of a traffic control system on multilane highways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with Type II flashing arrow sign not involved in placing, maintaining, or removing the components when operated within a stationary type lane closure shall only display the caution display mode. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown on I the plans shall not be used on the vehicles which are doing the placing, maintaining and removing of components of a traffic control system, and shall be in place before a lane closure requiring its use is completed. The Contractor shall prepare a traffic control plan for the work in South Bristol Street west of Birch Street and east of Irvine Avenue as shown on the plans completed by Orange County Public Facilities and Resources Department entitled Plans for Construction of Mesa Drive/Birch Street from Irvine Avenue to So. Bristol Street, March 1997, that will be compatible with the traffic control plans shown on the Project Plans for Construction in Orange County in Newport Beach at and near Birch Street Overcrossing at State Route 73. The traffic control plan shall be submitted to the Engineer for approval within 10 working days (Monday through Friday) upon receipt of the Notice to Proceed. 10 -16 PAYMENT.—The contract lump sum price paid for traffic control system shall include full compensation for furnishing all labor, materials (including signs and covering signs), tools, flashing arrow signs, portable delineators, equipment and incidentals, and for doing all the work involved in preparing a traffic control plan for the work in South Bristol Street west of Birch Street and east of Irvine Avenue as shown on the plans completed by Orange County Public Facilities and Resources Department entitled Plans for Construction of Mesa Drive/Birch Street from Irvine Avenue to So. Bristol Street, March 1997, covering, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. The adjustment provisions in Section 4 -1.03, "Changes," of the Standard Specifications, shall not apply to the item of traffic control system. Adjustments in compensation for traffic control system will be made only for increased or decreased traffic control system required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased traffic control necessary. The adjustment will be made on a force account basis as provided in Section 9 -1.03, "Force Account Payment," of the Standard Specifications for increased work, and estimated on the same basis in the case of decreased work. Traffic control system required by work which is classed as extra work, as provided in Section 4 -1.03D of the Standard Specifications, will be paid for as a part of the extra work. 10 -1.14 TEMPORARY PAVEMENT DELINEATION. — Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in Section 12 -3.01, "General," of the Standard Specifications and these special provisions. Nothing in these special provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by the Department or as relieving the Contractor from his responsibility as provided in Section 7 -1.09, "Public Safety," of the Standard Specifications. ' GENERAL. — Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Laneline or centerline pavement delineation shall be provided at all times for 11 I I traveled ways open to public traffic. On multilane roadways (freeways and expressways) edgeline delineation shall be provided at all times for traveled ways open to public traffic. 10 -17 All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation. Temporary pavement markers and removable traffic tape which is applied to the final layer of surfacing or existing pavement to remain in place or which conflicts with a subsequent new traffic pattern for the area shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. TEMPORARY LANELINE AND CENTERLINE DELINEATION. — Whenever lanelines or centerlines are obliterated and temporary pavement delineation to replace the lines is not shown on the plans, the minimum laneline and centerline delineation to be provided for that area shall be temporary reflective pavement markers placed at longitudinal intervals of not more than 7.3m. The temporary reflective pavement markers shall be the same color as the laneline or centerline the pavement markers replace. Temporary reflective pavement markers shall be, at the option of the Contractor, on of the temporary pavement markers listed for short term day /night use (14 days or less) or long term day /night use (6 months or less) in "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provisions. Temporary reflective markers shall be placed in accordance with the manufacturer's instructions and shall be cemented tot he surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to -lace pavement markers in areas where removal of the pavement markers will be required. Temporary laneline or centerline delineation consisting entirely of temporary reflective pavement markers placed on longitudinal intervals of not more than 7.3 in shall be used on lanes opened to public traffic for a maximum of 14 days. Prior to the end of the 14 days the permanent pavement delineation shall be placed. If the permanent pavement delineation is not placed within the 14 days, the Contractor shall provide additional temporary pavement delineations and the cost therefor shall be borne by the Contractor. The additional temporary pavement delineation to be provided shall be equivalent to the pattern specified for the permanent delineation for the area, s determined by the Engineer. 10 -18 II ' TEMPORARY EDGELINE DELINEATION. —On multilane roadways (freeways and expressways) whenever edgelines are obliterated and temporary pavement delineation to t replace those edgelines is not shown on the plans, the edgeline delineation to be provided for those areas adjacent to lanes open to public traffic shall be as follows: Temporary pavement delineation for right edgelines shag at the option of the Contractor, either solid 100 -mm wide traffic stripe of the same color as the stripe the temporary ' edgeline delineation replaces, or shall consist of traffic cones, portable delineators or channelizers placed at longitudinal intervals not to exceed 30 m. Temporary pavement delineation for left edgelines shall, at the option of the Contractor, consist of either solid 100 mm wide traffic stripe of the same color as the stripe the temporary edgeline delineation replaces, or traffic cones, portable delineators or channelizers placed at longitudinal intervals of not to exceed 30 m; or temporary reflective pavement markers placed at longitudinal intervals of not more than 1.8 m. Temporary pavement markers used for temporary left edgeline delineation shall be one of the types of ' temporary pavement markers listed for short term day /night use (14 days or less) or long term day /night use (6 months or less) I "Prequalified an Tested Signing and Delineation Materials" elsewhere in these special provisions. 100 mm wide traffic stripe placed for temporary edgeline delineation, which will require removal, shall conform to the requirements of temporary traffic stripe (tape) specified ' herein. Where removal of the 100 mm wide traffic stripe will not be required painted traffic stripe conforming to the requirements of temporary traffic stripe (paint) specified herein may be used. The quantity of temporary traffic stripe (tape) or temporary stripe 1 (paint) used for this temporary edgeline delineation will not be included in the quantities of tape or paint to be paid for. ' The lateral offset for traffic cones, portable delineators or channelizers used for temporary edgeline delineation shall be as determined by the Engineer. If traffic cones or portable delineators are used as temporary pavement delineation for edgelines, the Contractor shall provide personnel to remain at the job site to maintain the cones or delineators during all hours of the day that they are in use. Channelizers used for temporary edgeline delineation shall be surface mounted type and shall be orange in color. Channelizer bases shall be cemented to the pavement in the same manner provided for cementing pavement markers to pavement in the section of these special provisions entitled "Pavement Markers," except epoxy adhesive shall not be used to place channelizers on the top layer of pavement. Channelizers shall be, at the Contractor's option, one of the surface mount types (900 mm) listed in "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provisions. Temporary edgeline delineation shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. 1 10 -19 The quantity of channelizers used as temporary edgeline delineation will not be included in the quantity of channelizers to be paid for. Full compensation for furnishing, placing, maintaining and removing the temporary edgeline delineation for those areas where temporary edgeline delineation is not shown on the plans shall be considered as included in the contract prices paid for the items of work that obliterated the edgeline pavement delineation and no separate payment will be made therefor. TEMPORARY TRAFFIC STRIPE (TAPE).— Temporary traffic stripe consisting of removable traffic stripe shall be applied at the locations shown on the plans. The temporary traffic stripe tape shall be complete in place at the location shown, prior to opening the traveled way to public traffic. MEASUREMENT AND PAYMENT. — Temporary traffic stripe (tape) will be measured ' and paid for by the meter, measured along the line of the stripe, with deductions for gaps in broken traffic stripes. ' The contract price paid per meter for temporary traffic stripe (tape) shall include full compensation for furnishing all labor, materials, tools, equipment, ad incidentals, and for doing all the work involved in applying, maintaining and removing the temporary traffic ' stripe tape, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10 -1.15 BARRICADES. — Barricades shall be furnished, placed, and maintained at the locations designated by the Engineer, shown on the plans, or specified and shall conform ' to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Type 11 reflective sheeting for stripes on barricade rail faces shall conform to the requirements specified under "Prequalified and Tested Signing and Delineation Materials," elsewhere in these special provisions. Construction area sign and marker panels conforming to the requirements in Section 12 -3.06, "Construction Area Signs," of the Standard Specifications shall be installed on barricades as directed by the Engineer at the locations shown on the plans. Sign panels for construction area signs and marker panels installed on barricades shall conform to the requirements of sign panels for stationary mounted signs in Section 12- 3.06A, "Stationary Mounted Signs," of the Standard Specifications. Full compensation for furnishing, installing, maintaining, and removing construction area signs and markers on barricades shall be considered as included in the contract unit price or prices paid for the type or types of barricade and no separate payment will be made therefor. I ' 10-20 10 -1.16 TEMPORARY RAILING. — Temporary railing (Type K) shall be placed at the locations shown on the plans, specified in these special provisions or in the Standard Specifications or ordered by the Engineer, and shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Temporary railing (Type K) fabricated prior to January 1, 1993, with one longitudinal No. 15 (No. 5 imperial) reinforcing steel bar near the top in lieu of the 2longitudinal No. 15 reinforcing steel bars near the top, as shown on the plans, may be used. 10 -1.17 CHANNELIZERS.— Channelizers shall be surface mounted type and shall be furnished, placed and maintained at the locations shown on the plans and shall conform to the provisions in Sections 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Channelizers shall conform to the provisions in "Prequalified and Tested Signing and Delineation Materials," elsewhere in these special provisions. Channelizer posts shall be orange in color. At the option of the Contractor, channelizer bases may be cemented to the pavement using hot melt bitumen adhesive and in the same manner provided for cementing pavement markers to pavement in the section of these special provisions entitled "Pavement Markers." At the time of completion of the project, certain channelizers shall be left in place as directed by the Engineer. In addition to the contract unit price paid for channelizer (surface mounted), the cost of leaving the channelizers in place will be paid for at the contract unit price for channelizer (surface mounted) (left in place). 10 -1.18 TEMPORARY CRASH CUSHION MODULE. —This work shall consist of furnishing, installing and maintaining sand filled temporary crash cushion modules in groupings or arrays at each location shown on the plans, specified in the special provisions or directed by the Engineer. The grouping or array of sand filled modules shall form a complete sand filled temporary crash cushion in accordance with the details shown on the plans and these special provisions. Attention is directed to "Public Safety" and "Temporary Railing" of these special provisions. 10 -21 GENERAL. — Whenever the work or the Contractor's operations establishes a fixed obstacle, the exposed fixed obstacle shall be protected with a sand filled temporary crash cushion. The sand filled temporary crash cushion shall be in place prior to opening the lanes adjacent to the fixed obstacle to public traffic. Sand filled temporary crash cushions ' shall be maintained in place at each location, including times when work is not actively in progress. Sand filled temporary crash cushions may be removed during a work period for access to the work provided that the exposed fixed obstacle is 4.6 in or more from a lane carrying public traffic and the temporary crash cushion is reset to protect the obstacle prior to the end of the work period in which the fixed obstacle was exposed. When no longer required, as determined by the Engineer, sand filled temporary crash cushions shall ' be removed from the site of the work. MATERIALS. —At the Contractor's option, the modules for use in sand filled temporary crash cushions shall be either of the following types or equal: Energite Inertial Modules Manufacturer: Distributor(Northem): ' Roadway Safety Service, Inc. Singletree Sates Company 700 -3 Union parkway 1533 Berger Drive Ronkonkoma, NY 11779 San Jose, CA 95112 Telephone (800) 822 -7735 Modules contained in each temporary crash cushion shall be of the same type at each ' location. The color of the modules shall be the standard yellow color as furnished by the vendor, with black lids. The modules shall exhibit good workmanship free from structural flaws and objectionable surface defects. The modules need not be new. Good used undamaged modules conforming to color and quality of the types specified above may be utilized. If used Fitch modules requiring a seal are furnished, the top edge of the seal shall be securely fastened to the wail of the module by a continuous strip of heavy duty tape. 1 10 -22 Energy Absorption Systems, Inc. Traffic Control Service, Inc. One East Wacker Drive 8585 Thys Court Chicago, IL 60601 -2076 Sacramento, CA 95828 Telephone (312) 467 -6750 Telephone (800) 884 -8274 FAX (916) 387 -9734 Distributor(Southern): Traffic Control Service, Inc. 1881 Betmor Lane Anaheim, CA 92805 Telephone (800) 222 -8274 or Fitch Inertial Modules ' National Distributor: Distributor: ' Roadway Safety Service, Inc. Singletree Sates Company 700 -3 Union parkway 1533 Berger Drive Ronkonkoma, NY 11779 San Jose, CA 95112 Telephone (800) 822 -7735 Modules contained in each temporary crash cushion shall be of the same type at each ' location. The color of the modules shall be the standard yellow color as furnished by the vendor, with black lids. The modules shall exhibit good workmanship free from structural flaws and objectionable surface defects. The modules need not be new. Good used undamaged modules conforming to color and quality of the types specified above may be utilized. If used Fitch modules requiring a seal are furnished, the top edge of the seal shall be securely fastened to the wail of the module by a continuous strip of heavy duty tape. 1 10 -22 Modules shall be filled with sand in accordance with the manufacturees directions, and to the sand capacity in kilograms for each module as shown on the plans. Sand for filling the modules shall be clean washed concrete sand of commercial quality. At the time of placing in the modules, the sand shall contain not more than 7 percent water, as ' determined by California Test 226. Modules damaged due to the Contractor's operations shall be repaired immediately by the Contractor at the Contractor's expense. Modules damaged beyond repair, as determined by the Engineer, due to the Contractor's operations shall be removed and replaced by the Contractor at the Contractor's expense. iINSTALLATION. — Temporary crash cushion modules shall be placed on movable pallets or frames conforming to the dimensions shown on the plans. The pallets or frames shall 1 provide a full bearing base beneath the modules. The modules and supporting pallets or frames shall not be moved by sliding or skidding along the pavement or bridge deck. A Type P marker panel shall be attached to the front of the crash cushion as shown on the plans, when the closest point of crash cushion array is within 3.6 m of the traveled way. The marker panel, when required, shall be firmly fastened to the crash cushion with commercial quality hardware or by other methods approved by the Engineer. At the completion of the project, temporary crash cushion modules, sand filling, pallets or ' frames, and marker panels shall become the property of the Contractor and shall be removed from the site of the work. Temporary crash cushion modules shall not be installed in permanent work. ' MEASUREMENT AND PAYMENT.— Temporary crash cushion modules will be ' measured by the unit determined from the actual count of modules used in the work or ordered by the Engineer at each location. Temporary crash cushion modules placed in accordance with the provisions in "Public Safety" elsewhere in these special provisions and modules placed in excess of the number specified or shown will not be measured nor paid for. ' Repairing modules damaged by public traffic will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications. Modules damaged beyond repair by public traffic, when ordered by the Engineer, shall be removed and replaced immediately by the Contractor. Modules replaced due to damage by public traffic will be measured and paid for as temporary crash cushion module. If the Engineer orders a lateral move of sand filled temporary crash cushions and the repositioning is not shown on the plans, moving the sand filled temporary crash cushion will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications and these temporary crash cushion modules will not be counted for payment in the new position. J 1 10 -23 The contract unit price paid for temporary crash cushion module shall include full compensation for furnishing all labor, materials (including sand, pallets or frames and marker panels), tools, equipment and incidentals, and for doing all work involved in furnishing, installing, maintaining, moving and resetting during a work period for access to the work, and removing from the site of the work when no longer required (including those damaged by public traffic) the sand filled temporary crash cushion modules, complete in place, as shown on the plans, as specified in these special provisions and as directed by the Engineer. 10 -1.19 EXISTING HIGHWAY FACHdTIES. —The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Plans of the existing bridges are available at the Office of Structure Maintenance and Investigations, 1801 30th Street, Sacramento, CA, Telephone (916) 227 -8786, and the Office of Structure Maintenance and Investigations, Los Angeles, CA, Telephone (213) 620 -3812. Plans of existing bridges available to the Contractor are reproductions of the original ' contract plans with significant changes noted and working drawings and do not necessarily show normal construction tolerances and variances. Where dimensions of new construction required by this contract are dependent on the dimensions of existing bridges, the Contractor shall verify the controlling field dimensions and shall be responsible for adjusting dimensions of the work to fit existing conditions. ' 10 -1.20 REMOVE PAVEMENT MARKERS.— Existing pavement markers, when no longer required for traffic lane delineation as directed by the Engineer, shall be removed 1 and disposed of 10 -1.21 REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS.— Traffic stripes and pavement markings to be removed will be designated by the Engineer. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 3 meters of a lane occupied by public tr `fic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation. ' Nothing in these special provisions shall relieve the Contractor from the Contractor's responsibilities as provided in Section 7 -1.09, "Public Safety," of the Standard Specifications. 10 -1.22 REMOVE ROADSIDE SIGNS. — Existing roadside signs, at locations shown on the plans to be removed, shall be removed and disposed of 1 10 -24 it Sign panels, as shown on the plans, shall be salvaged. Existing roadside signs shall not be removed until replacement signs have been installed or ' until the existing signs are no longer required for the direction of public traffic, unless otherwise directed by the Engineer. Full compensation for salvaging sign panels shall be considered as included in the contract unit price paid for remove roadside sign and no separate payment will be made therefor. 10 -1.23 RELOCATE SIGN STRUCTURE AND SIGN PANEL: Relocating sign structure (bridge mounted) and sign panel shall consist of removing and relocating existing sign structure (bridge mounted) and sign panel as shown on the plans. Sign lighting electrical work is provided for elsewhere in these special provisions. 10 -1.24 PLANE ASPHALT CONCRETE PAVEMENT. Existing asphalt concrete pavement shall be planed at the locations and to the dimensions shown on the plans. Except as provided herein, planing asphalt concrete pavement shall be performed, at the option of the Contractor, either by the cold planing or heater planing method. The use of the heater planing method shall be subject to approval of the local Air Pollution Control Officer or the Engineer. Cold planing machines shall be equipped with a cutter head not less than 750 mm in width and shall be operated so as not to produce fumes or smoke. The cold planing machine shall be capable of planing the pavement without requiring the use of a heating device to 1 soften the pavement during or prior to the planing operation. Heater planing machines shall have, in combination or separately, a means for heating and cutting the asphalt concrete surface and blading the displaced material into windrows in one continuous forward motion. Heat shall be applied uniformly to the area to be planed and shall be accurately controlled according to conditions and road surfacing being planed. M The cutting width of the blade shall be not less than 900 mm. Heater planing operations shall not be performed at any time where there is danger of igniting entrapped gases from sewers or gas mains, if an open flame is used in the heater. The heater planing method shall not be used in areas where the heat generated by the heater planing equipment may damage adjacent shrubs or the foliage on overhanging tree ' limbs. The depth, width and shape of the cut shall be as indicated on the typical cross sections or as directed by the Engineer. The final cut shall result in a uniform surface conforming to the typical cross sections. The outside lines of the planed area shall be neat and uniform. 1 10 -25 I Planing asphalt concrete pavement operations shall be performed without damage to the surfacing to remain in place. Planed widths of pavement shall be continuous except for intersections at cross streets t where the planing shall be carried around the comers and through the conform lines. Following planing operations, a drop -off of more than 50 mm will not be allowed at any time between adjacent lanes open to public traffic. Where transverse joints are planed in the pavement at conform lines no drop -off shall remain between the existing pavement and the planed area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic a temporary asphalt concrete taper shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of ' the existing pavement and tapered on a slope of 1:30 (vertical: horizontal) or flatter to the level of the planed area. Asphalt concrete for temporary tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Temporary asphalt concrete tapers shall be completely removed, including the removal of all loose material from the underlying surface, before placing the permanent surfacing. The removed material shall be disposed of outside the highway right of way in accordance with the provisions in Section 7 -1.13 of the Standard Specifications. Operations shall be scheduled so that not more than 2 days shall elapse between the time ' when transverse joints are planed in the pavement at the conform lines and the permanent surfacing is placed at the conform lines. 1 The material planed from the roadway surface, including material deposited in existing gutters or on the adjacent traveled way, shall be removed and disposed of outside the highway right of way in accordance with the provisions in Section 7 -1.13 of the Standard Specifications. Removal operations of planed material shall be concurrent with planing operations and follow within 15 in of the planer, unless otherwise directed by the Engineer. A Planing asphalt concrete pavement will be measured by the square meter. The quantity to be paid for will be the actual area of surface planed irrespective of the number of passes required to obtain the depth shown on the plans. The contract price paid per square meter for plane asphalt concrete pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in planing asphalt concrete surfacing and disposing of planed material, including furnishing the asphalt concrete for and constructing, maintaining, ' removing, and disposing of temporary asphalt concrete tapers, as specified in these special provisions and as directed by the Engineer. L 1 10 -26 10 -1.25 CAP INLETS. — Existing pipe and drainage Wets where shown on the plans to be capped, shall be capped and the bottoms of the inlets shall be rounded with portland ' cement concrete as shown on the plans. ' Portland cement concrete shall conform to the provisions in Section 90 -10, "Minor Concrete," of the Standard Specifications, or may be produced from commercial quality aggregates and cement containing not less than 350 kg of cement per cubic meter. Inlets shall be removed to a depth of at least 0.3 -m below the grading plane. ' Concrete removal shall be performed without damage to any portion that is to remain in place. All damage to the existing concrete, which is to remain in place, shall be repaired by the Contractor to a condition equal to that existing prior to the beginning of removal ' operations. The repair of existing concrete damaged by the Contractor's operations shall be at the Contractor's expense. Existing reinforcement that is to be incorporated in new work shall be protected from damage and shall be thoroughly cleaned of all adhering material before being embedded in new concrete. The quantity of capping inlets will be determined as units from actual count. The contract unit price paid for cap inlet shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in capping inlets, including removing portions of inlets, rounding bottoms of inlets, bar ' reinforcing steel, and structure excavation and structure backfill, as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the ' Engineer. 10 -1.26 EXISTING LOOP DETECTORS — If any part of the loop conductor, including the portion leading to the adjacent pull box, is damaged by the Contractor's operations, the entire detector loop shall be replaced. If any adjacent loop is damaged during the replacement, that loop shall also be replaced. 10 -1.27 BRIDGE REMOVAL;—Removing portions of bridge shall conform to the requirements in Section 15-4, "Bridge Removal," of the Standard Specifications and these special provisions. BIRCH STREET OVERCROSSING Bridge No. 55 -0636 Bridge removal (portion) shall consist of removing portions of existing concrete barrier 1 (including sidewalk), chain link railing, concrete overhang, concrete wingwall, concrete abutment, and concrete slope paving as shown on the plans. 1 10 -27 Bridge removal methods shall be described in the working drawings and ' calculations in sufficient detail to substantiate live loads used in the protective cover design. Dead and live load values assumed for designing the protective cover shall be shown on the working drawings. ' At locations where the bridge railing is to be removed, the protective cover shall extend from, face of exterior girder or at least 0.6 -m inside of the bridge railing to ' be removed whichever is less, to at least 1.2 in beyond the outside face of the bridge railing. The protective cover shall extend at least 3 in beyond the outside face of the bridge railing. ' During the removal of bridge segments, and when portions of the bridge, such as deck slabs or box girder slabs, comply with the requirements for the protective cover, a separate protective cover need not be constructed. 1 10 -28 All removed materials that are not to be salvaged or used in the reconstruction shall become the property of the Contractor and shall be disposed outside the highway right of way in accordance with the provisions in Section 7 -1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. The following additional requirements apply to the removal of portions of bridges whenever the removal work is to be performed over traffic: I' A protective cover supported by fidsework or members of the existing structure shall be constructed before beginning bridge removal work. The construction and removal of the protective cover and the installation and removal of temporary railings shall conform to the requirements under "Maintaining Traffic" and "Temporary Railings" of these special provisions. The protective cover shall prevent any materials, equipment or debris from falling ' onto the traffic. The protective cover shall have a minimum strength equivalent to that provided by good, sound Douglas fir planking having a nominal thickness of 50 mm. Additional layers of material shall be furnished as necessary to prevent ' fine materials or debris from sifting down upon the traveled way and shoulders. The protective cover shall conform to the provisions for falsework in Section ' 51 -1.06, "Falsework," of the Standard Specifications. ' The Contractor shall be responsible for designing and constructing a safe and adequate protective cover, and shoring and falsework needed to support the protective cover, all with sufficient strength and rigidity to support the entire load to be imposed. Bridge removal methods shall be described in the working drawings and ' calculations in sufficient detail to substantiate live loads used in the protective cover design. Dead and live load values assumed for designing the protective cover shall be shown on the working drawings. ' At locations where the bridge railing is to be removed, the protective cover shall extend from, face of exterior girder or at least 0.6 -m inside of the bridge railing to ' be removed whichever is less, to at least 1.2 in beyond the outside face of the bridge railing. The protective cover shall extend at least 3 in beyond the outside face of the bridge railing. ' During the removal of bridge segments, and when portions of the bridge, such as deck slabs or box girder slabs, comply with the requirements for the protective cover, a separate protective cover need not be constructed. 1 10 -28 Before removal, the protective cover shall be cleaned of all debris and fine 1 material. The protective cover shall provide the openings specified under "Maintaining ' Traffic" of these special provisions, except that when no openings are specified for bridge removal a vertical opening of 4.6 in and a horizontal opening of 9.8 in shall be provided for the passage of public traffic. ' The construction of the protective cover as herein specified shall in no way be construed to relieve the Contractor of the responsibility as specified in Section ' 7 -1.12, "Responsibility for Damage," of the Standard Specifications. 10 -1.28 EXTEND IRRIGATION CROSSOVERS.— Extend existing irrigation crossovers shall conform to the provisions in Section 20 -5, "Irrigation Systems," of the Standard Specifications and these special provisions. Extend irrigation crossovers shall include conduit, water line crossover, and sprinkler control crossover extensions and appurtenances. The sizes of conduit, water line crossover and sprinkler control crossover extensions shall be as shown on the plans. Before any work is started in an area where an existing irrigation crossover conduit is to be extended, the existing conduit shall be located by the Contractor at the Contractor's ' expense. When exploratory holes are used to locate the existing conduit, the exploratory holes shall be excavated in accordance with the provisions in Section 20- 5.03B, "Conduit 1 for Water Line Crossovers and Sprinkler Control Crossovers," of the Standard Specifications. ' If debris is encountered in the ends of conduits to be extended, the debris shall be removed prior to extending conduits. Removal of debris within the first one meter in the conduits shall be at the Contractor's expense. If debris is encountered in the conduit more than one meter from the ends of the conduits to be extended, the additional debris shall be removed as directed by the Engineer. When directed by the Engineer, removal of debris more than one meter from the ends in the conduits will be paid for as extra work as provided in ' Section 4 -1.03D of the Standard Specifications. Conduit extensions shall be corrugated steel pipe. Water line crossover extensions shall be plastic pipe (PR 315) supply line. Sprinkler control crossover extensions shall be rigid, non - metallic electrical conduit. Conductors shall be removed from existing sprinkler control crossovers to be extended. ' After installation of the sprinkler control crossover extensions, new conductors shall be installed without splices in extended sprinkler control crossovers. New conductors shall 1 10 -29 match the removed conductors in color and size and shall be spliced to the existing conductors in adjacent pull boxes. After the new conductors are installed, the conductors shall be tested in the same manner specified for traffic signal, sign illumination, and lighting circuits in accordance with the provisions in Section 86- 2.14B, "Field Testing," of the Standard Specifications. After water line crossover extensions have been installed, water line crossovers shall be pressure tested for leakage in accordance with the provisions in Section 20- 5.03H, "Pressure Testing," of the Standard Specifications. Full compensation for excavation, backfill, water line crossovers, sprinkler control crossovers, conductors, and appurtenances, shall be considered as included in the contract price paid per meter for extend 250 -mm conduit and no additional compensation will be allowed therefor. 10 -1.29 TRANSPLANT EXISTING TREES. — Transplanting of existing trees shall ' conform to the provisions for planting trees in Section 204, "Highway Planting," of the Standard Specifications and these special provisions. ' When the trees are removed and the work within the areas to which the trees are to be transplanted is not completed to the stage at which the trees can be planted, the trees shall be stored and maintained until transplanting can be completed. In all other cases, the trees shall be planted at their new locations the same day they are removed. ' Trees to be transplanted shall be pruned just prior to removing the trees. Pruning of trees to be transplanted shall include removal of broken or bruised branches 25 mm or larger in diameter, deadwood, and suckers. All pruning shall be done in accordance with ' recognized standards of good arboricultural practices. Tree seal compounds shall not be used to cover pruning cuts. Removed pruned materials shall be disposed of outside the highway right of way as provided in Section 7 -1.13 of the Standard Specifications. The Contractor may reduce the prunings to chips. Chipped materials shall be spread within the highway right of way as ' directed by the Engineer. The Contractor shall determine the methods to be used to transplant trees, including ' removing, transporting, storing if required, planting, guying, and maintaining the trees. The Contractor shall submit a proposed plan for this work, in writing, to the Engineer prior to the start of the work. The proposed plan shall include, but not necessarily be ' limited to, root ball size, method of root ball containment, and maintenance programs for each tree to be transplanted. ' When trees are planted, a root stimulant, approved by the Engineer, shall be applied to the roots of each tree in accordance with the printed instructions of the root stimulant ' manufacturer. A copy of the instructions shall be furnished to the Engineer before 1 10 -30 ' applying any stimulant. Root stimulant to be used shall be submitted to the Engineer for approval not less than 2 weeks prior to its intended use. Root stimulants not approved by the Engineer shall not be used. Holes resulting from the removal of transplanted trees shall be backfilled the same day the trees are removed. Soil from the surrounding area may be used to backfill these holes. The backfill shall be graded to conform with the adjacent existing grade. ' Watering basins shall be constructed around each transplanted tree. Trees to be transplanted shall be maintained from the time the trees are removed to the time of acceptance of the contract, provided however, that the contract will not be accepted unless the trees have been satisfactorily maintained for at least 90 working days ' after transplanting has been completed. The trees shall be watered and fertilized as necessary to maintain the trees in a healthy condition. Trash, debris, and weeds within basins, including the basin walls, shall be removed and disposed of outside the highway ' right of way as provided in Section 7 -1.13 of the Standard Specifications. Weeds shall be removed before they exceed 50 mm in length. Pesticides to be used for weed control shall be submitted to the Engineer for approval not less than 2 weeks prior to their intended ' use. Pesticides not approved by the Engineer shall not be used. The provisions specified in Section 20 -4.07, "Replacement," of the Standard ' Specifications for the replacement of unsuitable plants shall apply to transplanted trees. The replacement tree for each unsuitable transplanted tree shall be the same size and ' species as the tree being replaced, except 10, No. 15 container size trees may be planted instead of one tree of the size originally transplanted. The No. 15 container size trees shall be planted in individual plant holes at the locations designated by the Engineer within the area of the tree being replaced. Removed unsuitable transplanted trees shall be disposed of outside the highway right of way as provided in Section 7 -1.13 of the Standard Specifications. The quantity of transplant trees will be determined as units from actual count in place, excluding additional replacement trees. ' The contract unit price paid per transplanted tree shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in transplanting trees, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. FI 10 -1.30 REMOVE CONCRETE -- Concrete, curb and gutter, designated on the plans to be removed, shall be removed. The pay quantities of concrete curb and gutter to be removed will be measured by meters, measured before and during removal operations. 10 -31 i� Concrete removed shall be disposed of outside the highway right of way in accordance with the provisions in Section 7 -1.13 of the Standard Specifications. ' Where no joint exists between concrete to be removed and concrete to remain in place, the ' concrete shall be cut in a neat line to a minimum depth of 50 mm with a power driven saw before concrete is removed. Where concrete has been removed outside the roadway prism, the backfilled areas shall be graded to drain and blend in with the surrounding terrain. ' Concrete to be removed which has portions of the same structure both above and below ground will be considered as concrete above ground for compensation. ' 10 -1.31 CLEARING AND GRUBBING.--Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. ' Vegetation shall be cleared and grubbed within the limits of construction as shown on the plans. The Contractor shall notify the landscape subcontractor 10 days prior to start of clearing and grubbing work, so that the subcontractor can perform irrigation work. 10 -1.32 EARTHWORK -- Earthwork shall conform to the provisions in Section 19, ' "Earthwork," of the Standard Specifications and these special provisions. Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right of way in accordance with the provisions in Section 7 -1.13 of the Standard Specifications. ' Where a portion of existing surfacing is to be removed, the outline of the area to be removed shall be cut on a neat line with a power -driven saw to a minimum depth of ' 50 mm before removing the surfacing. Full compensation for cutting existing surfacing shall be considered as included in the contract price paid per cubic meter for roadway excavation and no additional compensation will be allowed therefor. ' If structure excavation or structure backfill involved in bridges is not otherwise designated by type, and payment for the structure excavation or structure backfill has not otherwise been provided for in the Standard Specifications or these special provisions, the structure excavation or structure backfill will be paid for at the contract price per cubic meter for structure excavation (bridge) or structure backfill (bridge). 1 10 -1.33 AGGREGATE BASE.--Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. 1 1 10 -32 The first paragraph of Section 26- 1.02A, "Class 2 Aggregate Base," of the Standard Specifications is amended by adding the following sentences: Aggregate may include or consist of material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base, glass or a combination of any of these materials. Aggregate base incorporating reclaimed glass shall not be placed at locations where surfacing will not be placed over the aggregate base. The fourth paragraph in Section 26- 1.02A, is amended by adding the following sentence: Untreated reclaimed asphalt concrete and pordand cement concrete will not be considered to be treated with lime, cement or other chemical material for purposes of performing the Durability Index test. 10-1.34 ASPHALT CONCRETE.—Asphalt concrete shall be Type B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. 10 -1.35 PRESTRESSING CONCRETE;--Prestressing concrete shall conform to the provisions in Section 50, "Prestressing Concrete," of the Standard Specifications and these special provisions. In the first paragraph in Section 50 -1.02, "Drawings," of the Standard Specifications, the street address and telephone number of the Office of Structure Design, Documents Unit are 1801 30th Street, Sacramento, CA 95816, telephone (916) 227 -8230, and the number of working drawings to be submitted for initial review shall be 8 sets for railroad bridges and 6 sets for other structures. The details shown on the plans for cast -in -place prestressed box girder bridges are based on a bonded fill length draped tendon prestressing system. For these bridges the Contractor may, in accordance with the provisions of Section 5 -1.14, "Cost Reduction Incentive," of the Standard Specifications, propose an alternative prestressing system utilizing bonded partial length tendons providing the proposed system and associated details meet the following requirements: The proposed system and details must provide moment and shear resistance at least equal to those used for the design of the structure shown on the plans. The concrete strength shall not be less than that shown on the plans. Not less than 35 percent of the total prestressing force at any section shall be provided by full length draped tendons. 10 -33 1� i' Anchorage blocks for partial length tendons shall be located so that they will not interfere with the placement of any utility facilities shown on the plans or of any future utilities to be placed through openings shown on the plans. Temporary prestressing tendons, if used, shall be detensioned and any temporary ducts shall be filled with grout before completion of the work. Temporary tendons shall be either removed or fully encased in grout before completion of the work. All details of the proposed system, including supporting checked calculations, shall be included in the drawings submitted in accordance with Section 50 -1.02, "Drawings," of the Standard Specifications. Moments and shears for loads used in the design shown on the plans will be made ' available to the Contractor upon written request to the Engineer. 10 -1.36 CONCRETE STRUCTURES;--Portland cement concrete structures shall ' conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. GENERAL. — Minor concrete (minor structure) includes inlets. Plastic pipe located at vertical drains used behind retaining walls and bridge abutments, including horizontal or sloping drains down slopes and across sidewalk areas shall be polyvinyl chloride (PVC) plastic pipe, Schedule 80, conforming to the provisions for pipe for edge drains and edge drain outlets in Section 68 -3.02, "Materials," of the Standard Specifications. The vertical drain pipe shall be rigidly supported in place during backfilling operations. ' Vertical, horizontal, radial or normal dimensions shown on the Typical Section in the plans, are for zero percent cross - slope. At the Contractor's option, the Typical Section of superelevated concrete box girder structures with (1) sloping exterior girders, (2) a straight uninterrupted cross slope between edges of deck, and (3) a single profile grade line, may be rotated around the profile grade line in superelevation areas. The horizontal distances between the profile grade line and the edges of deck shall remain unchanged. The planned girder widths and slab thicknesses shall remain unchanged, and the interior girder stems shall remain vertical at the planned locations. CONCRETE. — Concrete pipe supports shall consist of either a precast or cast -in -place concrete pipe cradle, galvanized steel pipe clamp, two anchor bolts and where shown on !' the plans, a stainless steel pipe protection shield. Concrete pipe supports and pipe stops shall conform to the dimensions shown on the plans and shall be constructed of commercial quality concrete not less than 325 kg of portland cement per cubic meter, commercial quality wire mesh and reinforcement. The concrete ' pipe supports and pipe stops shall be moist cured for not less than 3 days. 1 10 -34 it 1 Epoxy adhesive shall conform to the provisions in Section 95 -1, "General," of the Standard Specifications and at the option of the Contractor, shall conform to the provisions in Section 95 -2.03, "Epoxy Resin Adhesive for bonding New Concrete to Old Concrete," or in Section 95 -2.04, "rapid Set Epoxy Adhesive for Pavement Markers," or in Section 95 -2.05, "Standard Set Epoxy Adhesive for Pavement Markers," of the Standard Specifications. ' If a blockout is provided in the bridge abutment wall for casing pipe, the space between the casing pipe and bridge abutment wall shall be filled with portland cement mortar conforming to the provisions in Section 51- 1.135, "Mortar," of the Standard Specifications. ' Openings for utilities through bridge superstructure concrete shall either be formed or shall consist of pipe sleeves. ' FALSEWORIL -- Falsework shall be designed and constructed in conformance with the requirements in Section 51 -1.06, " Falsework," of the Standard Specifications and these special provisions. ' In addition to the requirements in Section 51- 1.06A, " Falsework Design and Drawings," of the Standard Specifications, the following requirements shall apply: The time to be provided for the Engineer's review of the working drawings for specific structures, or portions thereof, shall be as follows: Structure or Review Time - Weeks ' Portion of Structure Birch Street OC 5 (Widen) The fifth paragraph of Section 51- 1.06A(1), "Design Loads," of the Standard ' Specifications is amended to read: The minimum horizontal load to be allowed for wind on heavy -duty steel shoring or steel pipe column falsework having a vertical load carrying capacity exceeding 14 tonnes per leg or column shall be the sum of the products of the wind impact area, shape factor, and the applicable wind pressure value for each height zone. The wind ' impact area is the total projected area of all the elements in the tower face or falsework bent normal to the direction of the applied wind. The shape factor shall be taken as 2.2 for heavy -duty shoring and 1.0 for pipe column falsework. Wind pressure values shall be determined from the following table: u 10 -35 I I Wind Pressure Value (Pa) Height Zone Shores or Column At Other (Meters above ground Adjacent to Traffi Locations 0 -9 960 720 9 -15 1200 960 15 -30 1440 1200 over 30 1675 1440 The first 2 sentences of the sixth paragraph of Section 51- 1.06A(1), "Design Loads," of the Standard Specifications are amended to read: The minimum horizontal load to be allowed for wind on all other types of falsework, including falsework supported on heavy -duty shoring or pipe column falsework, shall be the sum of the products of the wind impact area and the applicable wind pressure value for each height zone. The wind impact area is the gross projected area of the falsework and any unrestrained portion of the permanent structure, excluding the areas between falsework bents or towers where diagonal bracing is not used. The last paragraph under "Timber" in the second paragraph of Section 51- 1.06A(2), "Design Stresses, Loadings, and Deflections," of the Standard Specifications is amended to read: Timber connections shall be designed in accordance with the procedures, stresses and loads permitted in the Falsework Manual as published by the Department of Transportation, Division of Structures, Office of Structure Construction. Temporary crash cushion modules, as shown on the plans and conforming to the provisions in "Temporary Crash Cushion Module," elsewhere in these special provisions, shall be installed at the approach end of temporary railings less than 4.6 in from the edge of a traffic lane. For two -way traffic openings, temporary crash cushion modules shall be installed at the departing end of temporary railings less than 1.8 m from edge of a traffic lane. The installation of temporary crash cushion modules, if required, shall be complete before falsework erection is begun. Temporary crash cushion modules at falsework shall not be removed until such removal is approved by the Engineer. Temporary crash cushion modules installed as specified above will be measured and paid for as provided in "Temporary Crash Cushion Module," of these special provisions except that when the Engineer's Estimate does not include a contract item for temporary crash cushion modules, full compensation for furnishing, placing, maintaining, repairing, replacing and removing the temporary crash cushion modules at falsework locations as specified in these special provisions shall be considered as included in the contract prices paid for the various items of work requiring falsework and no separate payment will be made therefor. 10 -36 COST REDUCTION INCENTIVE PROPOSALS FOR CAST -IN-PLACE PRESTRESSED BOX GIRDER BRIDGES. Except as provided herein, cast -in -place prestressed box girder bridges shall be constructed in accordance with the details shown on the plans and the provisions in Sections 50, "Prestressing Concrete," and 51, "Concrete Structures," of the Standard Specifications. If the Contractor submits cost reduction incentive proposals for cast -in -place prestressed box girder bridges, the proposals shall be in accordance with the provisions of Section 5 -1.14, "Cost Reduction Incentive," of the Standard Specifications and these special provisions. The Engineer may reject any proposal which, in the Engineees judgment, may not produce a structure which is at least equivalent to the planned structure. At the time the cost reduction incentive proposal (CRIP) is submitted to the Engineer, the Contractor shall also submit 4 sets of the proposed revisions to the contract plans, design calculations, and calculations from an independent checker for all changes involved in the proposal, including revisions in camber, predicted deck profile at each construction stage, and falsework requirements to the Office of Structure Design, Documents Unit, P.O. Box 942874, Sacramento, CA 94274 -0001. When notified.in writing by the Engineer, the Contractor shall submit 12 sets of the CRIP plan revisions and calculations to the Office of Structure Design for final approval and use during construction. The calculations must verify that all requirements are satisfied. The CRIP plans and calculations shall be signed by an engineer who is registered as a Civil Engineer in the State of California. The CRIP plans shall be either 280 nun x 432 mm, or 560 mm x 864 mm in size and each CRIP plan sheet and calculation sheet shall include the State assigned designations for the contract number, bridge number, full name of the structure as shown on the contract plans, and District- County- Route - Kilometer Post. Each CRIP plan sheet shall be numbered in the lower right hand comer and shall contain a blank space in the upper right hand comer for future contract sheet numbers. One set of the corrected prints on 90 -g/m2 (minimum) bond paper, 560 mm x 864 mm in size, of all CRIP plan sheets prepared by the Contractor for each CRIP shall be furnished to the Office of Structure Design, Documents Unit, within 3 weeks after final approval of the CRIP plan sheets. 11 1 11 Each CRIP shall be submitted prior to completion of 25 percent of contract working days and sufficiently in advance of the start of the work that is proposed to be revised by the CRIP to allow time for review by the Engineer and correction by the Contractor of the CRIP plans and calculations without delaying the work. The Contractor shall allow a minimum of ten weeks for the review of a CRIP. In the event that several CRIPs are submitted simultaneously, or an additional CRIP is submitted for review before the review of a previously submitted CRIP has been completed, the Contractor shall designate the sequence in which the CRIPs are to be reviewed. In this event, the time to be provided for 10 -37 I the review of any proposal in the sequence shall be not less than the review time specified herein for that proposal, plus two weeks for each CRIP of higher priority which is still ' under review. Should the review not be complete by the date specified in the Contractor's CRIP, or such other date as the Engineer and Contractor may subsequently have agreed to in writing and if, in the opinion of the Engineer, the Contractor's controlling operation is delayed or interfered with by reason of the delay in review of CRIP plans and calculations, an extension of time commensurate with the delay in completion of the work thus caused will be granted as provided in Section 8 -1.07, "Liquidated Damages," of the Standard I' Specifications except that the provisions in Section 8 -1.09, "Right of Way Delays," of the Standard Specifications shall not apply. Permits and approvals required of the State have been obtained for the structures shown on the plans. Any proposal which results in a deviation in configuration may require new permits or approvals. The Contractor shall be responsible for obtaining the new permits and approvals before the Engineer will reach a decision on the proposal. Delays in obtaining permits and approvals will not be reason for granting an extension of contract time. ' All proposed modifications shall be designed in accordance with the bridge design specifications and procedures currently employed by the Department. The proposal shall include all related, dependent or incidental changes to the structure and other work affected by the proposal. The proposal will be considered only when it includes all aspects ' of the design changes for the entire structure. Any changes, such as but not limited to, additional reinforcement and changes in location of reinforcement, necessary to implement the CRIP after approval by the Engineer, shall be made at the Contractor's expense. Modifications may be proposed in (1) the thickness of girder stems and deck slabs, (2) the number of girders, (3) the deck overhang dimensions as specified herein, (4) the amount and location of reinforcing steel, (5) the amount and location of prestressing force in the superstructure, and (6) the number of hinges, except that the number of hinges shall not be increased. The strength of the concrete used may be increased but the strength employed for design or analysis shall not exceed 42 MPa. Modifications proposed to the minimum amount of prestressing force which must be provided by full length draped tendons are subject to the requirements in "Prestressing Concrete" of these special provisions. No modifications will be permitted in (1) the foundation type, (2) the span lengths or (3) the exterior dimensions of columns or bridge superstructure, except that the overhang dimension from face of exterior girder to the outside edge of roadway deck may be uniformly increased or decreased by 25 percent on each side of the box girder section. Fixed connections at the tops and bottoms of columns shown on the plans shall not be eliminated. 1 10 -38 The Contractor shall be responsible for determining construction camber and obtaining the final profile grade as shown on the plans. The Contractor shall reimburse the State for the actual cost of investigating CRIPs for cast -in -place prestressed box girder bridges submitted by the Contractor. The City will deduct this cost from any moneys due, or that may become due, the Contractor under the contract, regardless of whether or not the proposal is approved or rejected. DECK CLOSURE POURS.- -Where deck closure pour is shown on the plans, reinforcement protruding into the closure space and forms for the closure pour shall conform to the following: During the time of placement of concrete in the deck, other than for the closure pour itself, reinforcing steel which protrudes into the closure space shall be completely free from any connection to the reinforcing steel, concrete, or other attachments of the I' adjacent structure, including forms. The reinforcing steel shall remain free of any connection for a period of not less than 24 hours following completion of the pour. ' Before placement of concrete in the closure pour, transverse reinforcing steel protruding into the closure space from the adjacent structures shall be securely connected as shown on the plans. Forms for the closure pour shall be supported from the superstructure on both sides of the ' closure space unless otherwise directed by the Engineer. SLIDING BEARINGS.— Sliding bearings consisting of elastomeric bearing pads ' lubricated with grease and covered with sheet metal shall conform to the following requirements: ' Grease shall conform to the requirements of Military Specification: ME, -S -8660. A uniform film of grease shall be applied to the upper surface of the pads prior to placing the sheet metal. Sheet metal shall be commercial quality galvanized sheet steel. The sheet metal shall be smooth and free of kinks, bends, or burrs. Construction methods and procedures shall prevent grout or concrete seepage into the sliding bearing assembly. ELASTOMERIC BEARING PADS.— Elastomeric bearing pads shall conform to the provisions in Section 51- 1.12H, "Elastomeric Bearing Pads," of the Standard Specifications and these special provisions. The fifth paragraph of Section 51- 1.12H(1), 'Plain and Fabric Reinforced Elastomeric 10 -39 ' Bearings," of the Standard Specifications is amended to read: The peel strength test will be performed after immersing the sample in water for a minimum of 10 days. The bond between elastomer and fabric shall be such that when a sample is tested for separation, it shall have a minimum peel strength of 5.3 kN /m when tested in accordance with California Test 663. ' The last 2 sentences of the tenth paragraph of Section 51- 1.12H(1), "Plain and Fabric Reinforced Elastomeric Bearings," of the Standard Specifications are amended to read: Pads shall be available for sampling at least 4 weeks in advance of intended use. All sample pads for testing shall be furnished by the Contractor at the Contractor's expense. The fifth subparagraph of the first paragraph of Section 51- 1.12H(2), "Steel Reinforced Elastomeric Bearings," of the Standard Specifications is amended to read: One sample bearing shall be furnished to the Engineer from each lot of bearings to be furnished for the contract. Samples shall be available at least 3 weeks in advance of intended use. The sample bearing shall be one of the following: bearing pad thickness as sample bearing shown on the plans 50 nun or less .................. Smallest complete bearing shown on the plans. Greater than 50 mm........ ' 57 t 3 mm thick sample not less than 200 mm x 305 mm in plan and cut by the manufacturer from the center of one of the thickest complete bearings. " The sample bearing plus remnant parts of the complete bearing shall be furnished to the Engineer. MEASUREMENT AND PAYMENT.—Measurement and payment for concrete in structures shall conform to the provisions in Sections 51 -1.22, "Measurement," and 51 -1.23, "Payment," of the Standard Specifications and these special provisions. Full compensation for furnishing and installing plastic pipe located at vertical drains used behind retaining walls and bridge abutments, including horizontal or sloping drains down slopes and across sidewalk areas, including excavation and backfill involved in placing the plastic pipe, shall be considered as included in the contract price paid per cubic meter for the various items of concrete work and no separate payment will be made therefor. t[Imli7 U Full compensation for fitrnishing and installing concrete utility cradles including cradles, bar reinforcing steel, anchor strap bolts, and anchor straps, shall be considered as included in the contract price paid per cubic meter for structural concrete, bridge and no separate payment will be made therefor. 10 -1.37 STRUCTURE APPROACH SLABS (Type N) -- This work shall consist of constructing reinforced concrete approach slabs, sleeper slabs, structure approach drainage system and treated permeable base at structure approaches in accordance with the details shown on the plans, the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. GENERAL. -- Attention is directed to the section, "Engineering Fabrics," of these special provisions. STRUCTURE APPROACH DRAINAGE SYSTEM. —The structure approach drainage system shall consist of the following: GEOCOMPOSITE DRAIN. — Geocomposite drain shall consist of a manufactured core not less than 6.35 mm thick nor more than 50 mm thick with one or both sides covered with a layer of filter fabric that will provide a drainage void. The drain shall produce a flow rate, through the drainage void, of at least 25 liters per minute per meter of width at a hydraulic gradient of 1.0 and a minimum externally applied pressure of 168 kPa. A Certificate of Compliance conforming to the provisions in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications shall be furnished for the geocomposite drain certifying that the drain produces the required flow rate and complies with these special provisions. The Certificate of Compliance shall be accompanied by a flow capability graph for the geocomposite drain showing flow rates and the externally applied pressures and hydraulic gradients. The flow capability graph shall be stamped with the verification of an independent testing laboratory. Filter fabric for the geocomposite drain shall conform to the provisions for fabric for underdrains in Section 88, "Engineering Fabrics," of the Standard Specifications. The manufactured core shall be either a preformed grid of embossed plastic, a mat of random shapes of plastic fibers, a drainage net consisting of a uniform pattern of polymeric strands forming 2 sets of continuous flow channels, or a system of plastic pillars and interconnections forming a semirigid mat. The core material and filter fabric shall be capable of maintaining the drainage void for the entire height of geocomposite drain. Filter fabric shall be integrally bonded to the side of the core material with the drainage void. Core material manufactured from impermeable plastic sheeting having nonconnecting corrugations shall be placed with the corrugations approximately perpendicular to the drainage collection system. 10-41 ' The geocomposite drain shall be installed with the drainage void and the filter fabric facing the embankment. The fabric facing the embankment side shall overlap a ' minimum of 75 nun at all joints and wrap around the exterior edges a minimum of 75 mm beyond the exterior edge. If additional fabric is needed to provide overlap at I joints and wrap- around at edges, the added fabric shall overlap the fabric on the geocomposite drain at least 150 mm and be attached thereto. Should the fabric on the geocomposite drain be tom or punctured, the damaged section shall be replaced completely or repaired by placing a piece of fabric that is large enough to cover the damaged area and provide a 150 -mm overlap. PLASTIC PIPE. — Plastic pipe shall conform to the provisions for pipe for edge drains and edge drain outlets in Section 68 -3, 'Edge Drains," of the Standard Specifications. TREATED PERMEABLE BASE AT BOTTOM OF GEOCOMPOSITE DRAINS. — Treated permeable base to be placed around slotted plastic pipe at the bottom of geocomposite drains shall conform to the provisions in "Treated Permeable Base Under Approach Slabs." If asphalt treated permeable base is used, it shall be placed at a temperature of not less than 82 °C nor more than 110°C. The filter fabric to be placed over the treated permeable base at the bottom of geocomposite drains shall conform to the provisions for filter fabric for edge drains in Section 88, "Engineering Fabrics," of the Standard Specifications. ENGINEERING FABRICS. — Filter fabric to be placed between the structure approach embankment material and the treated permeable base shall conform to the provisions for filter fabric for edge drains in Section 88, 'Engineering Fabrics," of the Standard Specifications and the following special provisions: The subgrade to receive the filter fabric, immediately prior to placing, shall conform to the compaction and elevation tolerance specified for the material involved. Filter fabric shall be aligned, handled and placed in a wrinkle -free manner in accordance with the manufacturer's recommendations. Adjacent borders of the filter fabric shall be overlapped from 300 to 450 mm or stitched. The preceding roll shall overlap the following roll in the direction the material is being spread or shall be stitched. When the fabric is joined by stitching, it shall be stitched with yarn of a contrasting color. The size and composition of the yam shall be as recommended by the fabric manufacturer. The stitches shall number 5 to 7 per 25 mm of seam. Equipment or vehicles shall not be operated or driven directly on the filter fabric. 10-42 TREATED PERMEABLE BASE UNDER APPROACH SLAB. — Treated permeable base under structure approach slabs shall consist of constructing either an asphalt treated permeable base or a cement treated permeable base in accordance with Section 29, "Treated Permeable Bases," of the Standard Specifications and the following special provisions: The type of treatment, asphalt or cement, to be used shall be at the option of the Contractor. Not less than 30 days prior to the start of placing treated permeable base the Contractor shall notify the Engineer, in writing, which type of treated permeable base will be furnished. Once the Contractor has notified the Engineer of his selection the Contractor will not be allowed to change the type to be furnished without a prior written request to do so and approval thereof in writing by the Engineer. Asphalt treated permeable base shall be placed at a temperature of not less than 93 °C nor more than 121 °C. Material stored in excess of 2 hours shall not be used in the work. Asphalt treated permeable base material may be spread in one layer. It shall be compacted with a vibrating shoe type compactor or rolled with a roller weighing not less than 1.3 tonnes nor more than 4.5 tonnes. Rolling shall begin as soon as the mixture has cooled sufficiently to support the weight of the rolling equipment without undue displacement. Cement treated permeable material may be spread in one layer. The material shall be compacted with either a vibrating shoe type compactor or with a steel -drum roller weighing not less than 1.3 tonnes nor more than 4.5 tonnes. Compaction shall follow within one -half hour after the spreading operation and shall consist of 2- complete coverages of the treated material. APPROACH SLABS: Concrete for use in approach shall contain not less than 400 kilograms of cement per cubic meter. Miscellaneous steel shall conform to the provisions in Section 75 -1.03, "Miscellaneous Bridge Metal," of the Standard Specifications. Structure approach slabs shall be cured for not less than 5 days prior to opening to traffic, unless, at the option of the Contractor, the structure approach slabs and sleeper slabs are constructed using concrete with a non - chloride Type C chemical admixture conforming to these special provisions. 1043 Portland cement for use in concrete using a non - chloride Type C chemical admixture shall be Type II Modified, Type II Prestress, or Type III. Type II Modified and Type III cement shall conform to the provisions in Section 90 -2.01, "Portland Cement," of the Standard Specifications. Type II Prestress cement shall conform to the requirements of Type II Modified cement, except the mortar containing the portland cement to be used and Ottawa sand, when tested in accordance with California Test 527, shall not contract in air more than 0.053- percent. The non - chloride Type C chemical admixture, approved by the Engineer, shall conform to the requirements of ASTM Designation: C 494 and Section 904, "Admixtures," of the Standard Specifications. The concrete with non - chloride Type C chemical admixture shall be prequalified prior to placement in accordance with the provisions for prequalification of concrete specified by compressive strength in Section 90 -9.01, "General," of the Standard Specifications and the following: Immediately after fabrication of the 5 test cylinders, the cylinders shall be stored in a temperature medium of 21 f 1.5 °C until the cylinders are tested. The 6 -hour average strength of the 5 test cylinders shall not be less than 5.85 MPa. No more than 2 test cylinders shall have a strength of less than 5.5 MPa. The top surface of approach slabs shall be finished in conformance with the provisions in Section 51 -1.17, "Finishing Bridge Decks," of the Standard Specifications. Edges of slabs shall be edger finished. ' Approach slabs shall be cured with pigmented curing compound (1) in accordance with the provisions for curing structures in Section 90- 7.01B, "Curing Compound Method," of the Standard Specifications. Structure approach slabs constructed using concrete with a non - chloride Type C chemical admixture shall be cured for not less than 6 hours prior to opening to traffic. The curing ' period shall be considered to begin at the start of discharge of the last truck load of concrete to be used in the slab. If the ambient temperature is below 18 °C during the curing period for approach slabs using concrete with a non - chloride Type C chemical admixture, an insulating layer or blanket shall cover the surface. The insulation layer or blanket shall have an R -value ' rating given in the table below. At the Contractor's option, a heating tent may be used in lieu of or in combination with the insulating layer or blanket. I I 1 1044 Temperature range R- value, during curing period minimum 13 °C to 18 °C 1 7-c to 13 °c 2 ' 4 °C to 7 °C 3 JOINTS.— Hardboard and expanded polystyrene shall conform to the provisions in Section 51- 1.12D, "Sheet Packing, Preformed Pads and Board Fillers," of the Standard Specifications. Type AL joint seals shall conform to the provisions in Section 51- 1.12F, "Sealed Joints" of the Standard Specifications. The sealant may be mixed by hand -held power -driven agitators and placed by hand methods. The pourable seal between the steel angle and concrete barrier shall conform to the requirements for Type A and AL seals in Section 51- 1.12F(3), "Materials and Installation," of the Standard Specifications. The sealant may be mixed by hand -held power -driven agitators and placed by hand methods. Immediately prior to placing the seal, the joint shall be thoroughly cleaned, including abrasive blast cleaning of the concrete surfaces, so that all foreign material and concrete spillage are removed from all joint surfaces. Joint surfaces shall be dry at the time the seal is placed. MEASUREMENT AND PAYMENT. — Structural concrete, approach slab (Type N) will be measured and paid for in accordance with the provisions in Sections 51 -1.22, "Measurement," and 51 -1.23, "Payment," of the Standard Specifications and these special provisions. Full compensation for the structure approach drainage system including geocomposite drain, plastic pipe, treated permeable base, filter fabric, miscellaneous metal, pourable seals, waterstops, and sliding joints shall be considered as included in the contract price paid per cubic meter for structural concrete, approach slab of the type shown in the Engineer's Estimate and no additional compensation will be allowed therefor. 10 -1.38 DRILL AND BOND DOWELS;-- Drilling and bonding dowels shall conform to the details shown on the plans, the provisions in Section 83- 2.021)(1), "General," of the Standard Specifications and these special provisions. Dowels shall conform to the provisions for bar reinforcement in "Reinforcement" elsewhere in these special provisions. If reinforcement is encountered during drilling before the specified depth is attained, the Engineer shall be notified. Unless the Engineer approves coring through the reinforcement, the hole will be rejected and a new hole, in which reinforcement is not encountered, shall be drilled adjacent to the rejected hole to the depth shown on the plans. 1045 Unless otherwise provided, dowels to be bonded into drilled holes will be paid for as bar reinforcing steel (bridge). Unless otherwise provided, drilling and bonding dowels will be measured and paid for by the meter determined by the number and the required depth of holes as shown on the plans, or as ordered by the Engineer. The contract price paid per meter for drill and bond dowel shall include full compensation for furnishing all labor, materials (except reinforcing steel dowels), tools, equipment, and incidentals, and for doing all the work involved in drilling the holes, including coring through reinforcement when approved by the Engineer, and bonding the dowels, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10 -1.39 SEALING JOINTS;-- Joints in concrete bridge decks and joints between concrete structures and concrete approach slabs shall be sealed in conformance with the details shown on the plans, the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. I I When ordered by the Engineer, a joint seal larger than called for by the Movement Rating shown on the plans shall be furnished and installed. Payment to the Contractor for furnishing the larger seal and for saw cutting the increment of additional depth of groove I' required will be determined as provided in Section 4 -1.03, "Changes," of the Standard Specifications. INSTALLATION. —The fifth subparagraph of the second paragraph of Section 51- 1.12F(3) (b), "Type B Seal," of the Standard Specifications is amended to read: The seal shall be furnished full length for each joint with no more than one shop splice in any 18 -m length of seal. One field splice per joint may be made at locations and by methods approved by the Engineer. The seals are to be manufactured full length for the intended joint, then cut at the approved splice section and rematched before splicing. The Contractor shall submit splicing details, prepared by the joint seal manufacturer, to the Engineer for approval prior to beginning splicing work. The Contractor shall demonstrate the adequacy of the procedures to be used in the work before installing seal in the joints. Shop splices and field splices shall have no visible offset of exterior surfaces, and shall show no evidence of bond failure. 10 -1.40 REFINISHING BRIDGE DECKS; -- Surfaces of bridge decks at Birch Street Overcrossing that are exposed when existing railings, curbs, or sidewalks are removed 10-46 shall be refinished to the plane of the adjoining deck surface with concrete placed on prepared concrete surfaces over an adhesive, in accordance with the requirements in these special provisions. The exact area to be refinished will be designated by the Engineer. Refinished surfaces shall not vary more than 6 mm from the lower edge of a 3.6 in ' straightedge. The concrete in deck areas to be refinished shall be removed to a depth of approximately ' 20 mm below the adjoining deck surface. A 20 mm deep saw cut shall be made along the perimeter of areas prior to removing concrete. 1 10-47 Concrete removal may be done by abrasive blast cutting, abrasive sawing, impact tool ' cutting, machine rotary abrading, or other methods, as approved by the Engineer. Cut areas shall be cleaned free of dust and all other loose and deleterious materials by brooming and high pressure air jetting. Equipment shall be fitted with suitable traps, filters, drip pans or other devices to prevent oil or other deleterious matter from being deposited on the deck. ' 'Public Attention is directed to Section 7 -1.09, Safety," of the Standard Specifications and these special provisions. When work is being performed within 3 in of a traffic lane, dust and residue from deck preparation and cleaning shall be removed or controlled by vacuum, water spray, or shield ' methods approved by the Engineer. Existing reinforcement exposed during the removal of concrete, that is to remain in place shall be protected from damage. Existing areas of the deck more than 20 mm below the plane of the adjoining deck surface shall be prepared by the removal of not less than 6 mm of surface material to expose sound aggregate. ' An epoxy adhesive shall be applied to the surfaces to be refinished before placing portland cement concrete filling. The area to be covered shall be surface dry and the ambient ' i temperature shall be 10 °C or above when the adhesive is applied. The epoxy adhesive shall be furnished and applied in accordance with the provisions in ' Sections 95 -1, "General," and 95 -2.03, "Epoxy Resin Adhesive for Bonding New Concrete to Old Concrete," of the Standard Specifications. Whenever the ambient temperature is below 18 °C, Type R epoxy shall be used. The exact rate of applying epoxy ' adhesive shall be as ordered by the Engineer. The adhesive shall be worked onto the surface with stiff brushes or equal. 1 10-47 Portland cement concrete used to fill prepared areas shall conform to the provisions in Section 90, "Portland Cement Concrete," of the Standard Specifications and the following: The concrete shall contain a minimum of 400 kilograms of pordand cement per cubic meter. The aggregate shall contain between 50 and 55 percent fine aggregate and the remainder shall be pea gravel. The grading of pea gravel shall be such that 100 percent passes the 12.5 -mm screen and not more than 5 percent passes the 1.18 -mm sieve, unless a larger size is ordered by the Engineer. Admixtures shall be furnished and used if ordered by the Engineer. The penetration of the concrete without admixtures shall be between zero and 15 mm. Immediately after depositing on the newly placed adhesive, the portland cement concrete shall be thoroughly consolidated until all voids are filled and free mortar appears on the surface and then struck off to the required grade. In advance of curing operations, the surface of the concrete shall be textured by brooming with a stiff bristled broom or by other suitable devices which will result in uniform scoring. Brooming shall be performed transversely. The operation shall be performed at a time and in a manner to produce a hardened surface with a uniform texture and a coefficient of friction of not less than 0.35 as determined by California Test 342. ' Refinished surfaces that are found to have a coefficient of friction less than 0.35 shall be ground or grooved by the Contractor at the Contractor's expense in accordance with the applicable requirements in Section 42, "Groove and Grind Pavement," of the Standard Specifications. Concrete shall be cured as provided in Section 90 -7.03, "Curing Structures," of the Standard Specifications. Refinishing isolated high areas in the existing deck may be accomplished by cutting the ' concrete down to the plane of the adjoining deck surface by abrasive sawing, grinding, impact tool cutting, or other methods subject to the approval of the Engineer. When grinding is performed to bring the deck concrete to the plane of the adjoining deck ' surface, the resulting surface shall have a coefficient of fiction of not less than 0.35 as determined by California Test 342. Steel dowels exposed in removing existing concrete shall be cut off flush with the existing concrete or cut off at the bottom of concrete removal, whichever is lower. Patching ' around or over dowels in sound concrete will not be required. Existing voids around 1 10-48 dowels shall be chipped back to sound concrete, an adhesive bonding coat applied, and the hole filled with portland cement mortar. Furnishing, placing, and curing portland cement mortar shall conform to the provisions in Section 51- 1.135, "Mortar," of the Standard Specifications. No loads of any kind shall be applied to the concrete filling for at least 7 days after placing, unless otherwise permitted by the Engineer. No adjustment of compensation will be made for any increase or decrease in the quantity of refinish bridge deck, regardless of the reason for such increase or decrease. The provisions in Section 4- 1.03B, "Increased or Decreased Quantities," of the Standard Specifications shall not apply to the contract item of refinish bridge deck The quantity in square meters of refinish bridge deck to be paid for will be determined from the lengths and widths of the refinished areas, measured horizontally, plus 0.02- m2 for patching around each dowel. The contract price paid per square meter for refinish bridge deck shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing atl the work involved in refinishing areas of the existing bridge deck (including cutting steel dowels), complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10 -1.41 REINFORCEMENT.— Reinforcement shall conform to the provisions in Section 52, "Reinforcement," of the Standard Specifications and these special provisions. Attention is directed to "Substitution of Non -Metric Materials and Products" in these special provisions. Where mandatory bar substitutions are required or where non -metric reinforcement is optionally substituted for metric reinforcement in accordance with these specifications, the requirements for bending, placing or splicing which are based on the size of reinforcement shall be based on the nominal size of the actual reinforcement used. The first and second paragraphs of Section 52- 1.02A, 'Bar Reinforcement," of the Standard Specifications are amended as follows: Reinforcing bars shall be low -alloy steel deformed bars conforming to the specifications of ASTM Designation: A 706/A 706M and the following: Where reinforcing bars shown on the plans or specified have a metric bar designation number shown in column "A" of the table below, corresponding bars from column 'B" shall be substituted therefore. 10-49 A B METRIC BAR METRIC BAR DESIGNATION DESIGNATION NUMBER AS NUMBER WHICH SHOWN ON THE SHALL BE PLANS OR SUBSTITUTED FOR SPECIFIED BARS LISTED IN 13 COLUMN "A" 10 13 15 16 20 19 25 25 30 32' 35 36 45 43 55 57 Spacing of bars may be increased a maximum of 15 percent or the total number of bars may be decreased a maximum of 15 percent, unless otherwise specified. Where the spacing of No. 30 bars is shown on the plans, the spacing of substituted ' No. 32 bars may be increased from that shown on the plans by a maximum of 15 percent. ' Where the total number of No. 30 bars is shown on the plans, the total number of substituted No. 32 bars may be decreased from that shown on the plans by a maximum of 15 percent. The total number of substituted No. 32 bars shall be distributed in the same manner as shown on the plans for the No. 30 bars. F At the option of the Contractor, non -metric reinforcing bars may be substituted for metric bars as shown in the table below. METRIC BAR NON -METRIC DESIGNATION BAR NUMBER AS DESIGNATION SHOWN ON THE NUMBER WHICH PLANS, SPECIFIED, MAY BE OR PREVIOUSLY SUBSTITUTED SUBSTITUTED 13 4 10 -50 16 5 19 6 22 7 25 8 29 9 32 10 36 11 43 14 57 18 At the option of the Contractor, deformed or plain billet -steel bars conforming to ASTM Designation: A 615 /A 615K Grade 300 or 420, may be used as reinforcement in the following 5 categories: Slope and channel paving; 2. Minor structures; 3. Sign and signal foundations (pile and spread footing types); 4. Roadside rest facilities; and 5. Concrete barrier Type 50 series and temporary railing. ' When reinforcement conforming to ASTM Designation: A 615/A 615K Grade 300 or 420 is used in the above 5 categories, all mandatory and optional substitutions, and increases in spacing or decrease in total number of bars, as specified above for ASTM ' Designation: A 706/A 706M reinforcement, shall apply. No other increases in spacing or decreases in the total number of bars, from that shown on the plans or specified, will be allowed. Unless otherwise specified, all reinforcing bars shall be placed in accordance with the size and spacing, or size and total number, as shown on the plans or specified Two copies of a fist showing any changes in spacing or total number of bars from that shown on the plans or specified, and showing any non -metric bars that are substituted for metric bars, shall be furnished to the Engineer in accordance with the provisions of Section 52 -1.03, "Steel Lists," of the Standard Specifications. ' No adjustment will be required in spacing or total number of bars because of a difference in minimum yield strength level between metric and non -metric bars. ' The last paragraph of Section 52 -1.07, "Placing," of the Standard Specifications is amended as follows: • 10 -51 Whenever a portion of an assemblage of bar reinforcing steel that is not encased in concrete exceeds 6 m in height, the Contractor shall submit to the Engineer for approval, in accordance with the provisions in Section 5 -1.02, "Plans and Working Drawings," working drawings and design calculations for the temporary support system to be used. The working drawings and design calculations shall be signed by an engineer who is registered as a Civil Engineer in the State of California. The temporary support system shall be designed to resist all expected loads and shall be adequate to prevent collapse or overturning of the assemblage. If the installation of forms or other work requires revisions to, or temporary release of any portion of the temporary support system, the working drawings shall show the support system to be used during each phase of construction. The minimum horizontal wind load to be applied to the bar reinforcing steel assemblage, or to a combined assemblage of reinforcing steel and forms, shalt be not less than 960 Pa on the gross projected area of the assemblage. The first paragraph of Section 52 -1.08, "Splicing," of the Standard Specifications is amended to read: Splicing of reinforcing bars shall be by lapping, butt welding, mechanical butt splicing, or mechanical lap splicing, at the option of the Contractor. Reinforcing bars Nos. 43 and 57 shall not be spliced by lapping. The following paragraph is added after the first paragraph of Section 52 -1.08, "Splicing," of the Standard Specifications: Shop produced splices shall be produced at a facility approved by the Engineer. The text following the colon in the sixth paragraph of Section 52 -1.08, "Splicing," of the Standard Specifications is amended to read: The mechanical lap splice shall be a unit consisting of a sleeve, in which the reinforcing bars are positioned, and a wedge driven through holes in the sleeve and between the reinforcing bars. The mechanical lap splice shall only be used for splicing non- epoxy- coated deformed reinforcing bars Nos. 13, 16 and 19. One mechanical lap splice unit per splice shall be used. The eighth and ninth paragraphs of Section 52 -1.08, "Splicing," of the Standard Specifications are amended to read: Unless otherwise shown on the plans or approved by the Engineer, splices in adjacent reinforcing bars at any particular section shall be staggered. The minimum distance between staggered lap splices or mechanical lap splices shall be the same length required for a lapped splice in the largest bar. The minimum distance between staggered butt splices shall be 600 mm. All distances shall be measured between the 10 -52 midpoints of the splices along a line which is centered between the axes of the adjacent bars. Completed butt splices shall develop a minimum tensile strength, based on the nominal bar area, of 430 MPa for ASTM Designation: A 615/A 615K Grade 300 bars, and 550 MPa for ASTM Designation: A 615/A 615M, Grade 420 and ASTM Designation: A 706/A 706M bars. If butt splices are made between two bars of dissimilar strengths, the minimum required tensile strength for the splice shall be that required for the weaker bar. The third and forth paragraphs of Section 52- 1.08A, "Lapped Splices," of the Standard Specifications are amended as follows: Where ASTM Designations: A 615/A 615K Grade 420 or A 706/A 706M ' reinforcing bars are required, the length of lapped splices shall be as follows: Reinforcing bars No. 25, or smaller, shall be lapped at least 45 diameters of the smaller bar joined, and reinforcing bars Nos. 29, 32 and 36 shall be lapped at least 60 diameters of the smaller bar joined, except when otherwise shown on the plans. Where ASTM Designation: A 615/A 615K Grade 300 reinforcing bars are permitted, the length of lapped splices shall be as follows: Reinforcing bars No. 25, or smaller, shall be lapped at least 30 diameters of the smaller bar joined, and reinforcing bars Nos. 29, 32 and 36 shall be lapped at least 45 diameters of the smaller bar joined, except when otherwise shown on the plans. Section 52- 1.08B, 'Butt Welded Splices," of the Standard Specifications is replaced with the following: 52 -1.08B Butt Welded Splices.— All butt welded splices in reinforcing bars shall be complete joint penetration butt welds conforming to the requirements in AWS DIA, and the requirements of these specifications and the special provisions. At the option of the Contractor, shop produced resistance butt welds may be used. The Contractor shall designate in writing a Quality Control Manager (QCM). The QCM shall be responsible directly to the Contractor for the quality of all field butt welding of bar reinforcement including, but not limited to, materials and workmanship performed by the Contractor and all subcontractors. The QCM, all inspection personnel, and nondestructive testing firms shall not be employed or compensated by any subcontractor or other persons or entities hired by subcontractors to provide services or materials for the project. The QCM may be an employee of the Contractor. The QCM shall be the sole individual responsible to the Contractor for submitting and receiving all correspondence and required submittals and reports regarding field butt 10 -53 Iwelding of bar reinforcement to and from the Engineer. ' All reports regarding nondestructive and visual testing, including radiographs, shall be signed by both the radiographer and the person that performed the review, and then submitted directly to the QCM for review and signature prior to submittal to the Engineer. Corresponding names shall be clearly printed or type written next to all signatures. At least 7 calendar days prior to performing any field butt welding of bar reinforcement, the Contractor shall submit to the Engineer for approval, a Quality Control Plan (QCP) for the field butt welding of bar reinforcement. The plan shall include the following: 1. The name of the welding firm and the nondestructive testing firm to be used in the work; ' 2. A complete Quality Assurance Manual (QAM) prepared by the nondestructive testing firm which shall include equipment and its date of calibration, testing procedures and qualifications of all inspection personnel to be used in the work ; ' 3. The name of the QCM and the name and qualifications of the certified welding inspector to be used in the work, ' 4. The methods for performing all required quality control procedures to be used in the work as required by these specifications including, but not limited to: (a) all visual inspections; and (b) all nondestructive testing including, but not limited to, radiographic geometry, penetrameter selection and shims, film quality, film processing, radiograph identification and marking system, and film interpretation and reports; 5. A system for the identification and tracking of all welds, nondestructive testing and any required repairs, and a procedure for the reinspection of any repaired ' welds. The system shall have provisions for permanently coding each weld to clearly identify the person who performed the weld, 6. The welding procedure specification, including documentation of the tests performed to qualify the specification, and verification that the tests were ' witnessed by the Engineer; and 7. Documentation of all certifications for welders who will be used in the work, including all tests performed to qualify the welders, and verification that the tests were witnessed by the Engineer. I 1 10 -54 The Engineer shall have 7 calendar days to review and approve the QCP submittal after a complete plan has been received. No field welding of bar reinforcement shall be performed until the QCP is approved by the Engineer. Should the Engineer fail to complete the review within this time allowance and if, in the opinion of the Engineer, the Contractor's controlling operation is delayed or interfered with by reason of the delay in approving the QCP, the delay will be considered a right of way delay as specified in Section 8 -1.09, "Right of Way Delays." Additional welders, not fisted in the approved QCP, shall not be used in the work until an amended QCP, showing documentation of all certifications for these welders, including all tests performed to qualify these welders, verification that the tests were witnessed by the Engineer, and an updated system for the identification and tracking of all welds, is submitted and approved by the Engineer. The Engineer shall have 2 working days to complete the review of the amended QCP. A daily production log for field butt welding of bar reinforcement shall be kept by the QCM for each day the welding is performed at the jobsite. The log shall clearly indicate the locations of all welding, including the welder's names, number of bars welded, any testing or repair work performed at each location. It is expressly understood that the Engineer's approval of the Contractor's QCP shall not relieve the Contractor of any responsibility under the contract for the successful completion of the work in conformity with the requirements of the plans and specifications. The Engineer's approval shall not constitute a waiver of any of the requirements of the plans and specifications nor relieve the Contractor of any obligation thereunder, and defective work, materials and equipment may be rejected notwithstanding approval of the QCP. The following items shall be submitted in writing to the Engineer within 7 calendar days following the performance of any field butt welding of bar reinforcement: 1. Reports of all visual weld inspections; 2. Radiographs and radiographic reports; 3. Documentation that the Contractor has evaluated all radiographs, corrected any deficiencies, and radiographed any required additional welds; and 4. Daily production log. The Engineer shall review the above items to determine if the Contractor is in conformance with the QCP. The Engineer shall be allowed 7 calendar days to review the above items and respond in writing after all the required items have been received. Prior to receiving notification from the Engineer of the 10 -55 Contractor's conformance with the QCP, the Contractor may encase any field butt welded bar reinforcement splices for which the above items have been submitted. However, should the Contractor elect to encase those splices prior to receiving notification from the Engineer, it is expressly understood that the Contractor shall not be relieved of the responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications. Any material not conforming to these requirements will be subject to rejection. Should the Contractor elect to wait to encase any field butt welded splices pending notification by the Engineer, and should the Engineer fail to complete the review and provide notification within this time allowance, and if, in the opinion of the Engineer, the Contractor's controlling operation is delayed or interfered with by reason of the delay in notification, the delay will be considered a right of way delay as specified in Section 8 -1.09, "Right of Way Delays." The following is added to Section 7. 1, "General Requirements," of AWS D 1.4 -92: ' Quality control (QC) is the responsibility of the contractor. As a minimum, the contractor shall perform inspection and testing prior to welding, during welding and after welding as specified in this section and additionally as necessary to ensure that materials and workmanship conform to the requirements of the contract documents. ' The Quality Control (QC) Inspector is the duly designated person who acts for and in behalf of the contractor on inspection, testing, and quality matters within the scope of the contract documents. When the term "Inspector" is used in this section it shall apply to the Quality Control Inspector with the following exception: The term "Inspector and Engineer" shall replace the term "Inspector" in Sections 7.1.3, 7.1.4 and 7.4.2. The Engineer shall have the authority to verify the qualifications of Quality Control Inspectors and NDT personnel to specified levels by retests or other means. Section 7.1.2 (3) of AWS D 1.4 -92 is deleted. "Direct Only the joint details and dimensions as shown in Figure 3.2, Butt Joints," of AWS D 1.4 -92, shall be used for making complete joint penetration butt welds of bar reinforcement. Split pipe backing shall not be used. Material used as backing for complete joint penetration butt welds of bar reinforcement shall be a flat plate conforming to the requirements of ASTM Designation: A 709/A 709K Grade 36[250]. The flat plate shall be 6 mm thick with a width, as measured perpendicular to the axis of the bar, equal to the nominal diameter ' 10 -56 of the bar, and a length which does not exceed twice the nominal diameter of the bar. The flat plate backing shall be fitted tightly to the bar with the root of the weld centered on the plate. Any bar deformation or obstruction preventing a tight fit shall be ground smooth and flush with the adjacent surface. Tack welds used to fit backing ' plates shall be within the weld root area so that they are completely consumed by the finished weld. Backing plates shall not be removed. ' Butt welds shall be made with multiple weld passes using a stringer bead without an appreciable weaving motion. The maximum stringer bead width shall be 2.5 times the diameter of the electrode and slagging shall be performed between each weld pass. Weld reinforcement shall not exceed 4 mm in convexity. Before any electrodes or flux - electrode combinations are used, the Contractor, at the Contractor's expense, shall famish certified copies of test reports for all the pertinent tests specified in AWS A5.1, AWS A5.5, AWS A5.18 or AWS A5.20, whichever is applicable, made on electrodes or flux - electrode combinations of the same class, brand and nearest specified size as the electrodes to be used. The tests may have been made for process qualification or quality control, and shall have been made within one year prior to manufacture of the electrodes and fluxes to be used. The report shall include the manufacturer's certification that the process and material requirements were the same for manufacturing the tested electrodes and the electrodes to be used. The forms and certificates shall be as directed by the Engineer. ' Electrodes for manual shielded metal arc welding of ASTM Designation: A 615/A 615K Grade 420 bars shall conform to the requirements of AWS A5.5 for E9018 -M or E10018 -M electrodes. ' Electrodes for manual shielded metal arc welding of A 706/A 706M bars shall conform to the requirements of AWS A5.5 for E8016 -0 or E8018 -C3 electrodes. Solid and composite electrodes for semiautomatic gas metal -arc and flux -cored arc welding of Grade 300 reinforcing bars shall conform to the requirements of AWS A5.18 for ER70S -2, ER70S -3, ER70S -6 or ER70S -7 electrodes; or AWS A5.20 for E70T -1, E70T -5, E70T -6 or E70T -8 electrodes. Electrodes for semiautomatic welding of ASTM Designation: A 615/A 615K Grade ' 420 and ASTM Designation: A 706/A 706M bars shall produce a weld metal deposit with properties conforming to the requirements of Section 5.3.4 of AWS D1.1 -96 for E90S and E90T electrodes. Reinforcing bars shall be preheated for a distance of not less than 150 mm on each side of the joint prior to welding. For all welding of ASTM Designation: A 615/A 615K Grade 300 or Grade 420 bars, the requirements of Table 5.2, "Minimum Preheat and Interpass Temperatures," of 10 -57 AWS 131.4 -92 are superseded by the following: The minimum preheat and interpass temperatures shall be 200 °C for Grade 300 bars and 300 °C for Grade 420 bars. Immediately after completing the welding, at least 150 mm of the bar on each side of the splice shall be covered by an insulated wrapping to control the rate of cooling. The insulated wrapping shall remain in place until the bar has cooled below 90 °C. When welding different grades of reinforcing bars, the electrode shall conform to Grade 300 bar requirements and the preheat shall conform to the Grade 420 bar requirements. I' In the event that any of the specified preheat, interpass and post weld cooling temperatures are not met, all weld and heat affected zone metal shall be removed and the splice rewelded. All welding shall be protected from air currents, drafts, and precipitation to prevent loss of heat or loss of are shielding. The method of protecting the weiding area from loss of heat or loss of arc shielding shall be subject to approval by the Engineer. Reinforcing bars shall not be direct butt spliced by thermite welding. The first paragraph of Section 52- 1.08C, "Mechanical Butt Splices," of the Standard Specifications is amended to read: Mechanical butt splices shall be one of the following: the sleeve -filler metal type, the sleeve - threaded type, the sleeve- swaged type, the sleeve -filler grout type, the sleeve - extruded type, the sleeve- lockshear bolt type, the two -part sleeve- forged bar type, or the two -part sleeve - friction bar type, at the option of the Contractor. The third paragraph of Section 52- 1.08C, "Mechanical Butt Splices," of the Standard Specifications is amended to read: The total slip of the reinforcing bars within the splice sleeve after loading in tension to 200 MPa and relaxing to 20 MPa shall not exceed the following, measured between gage points clear of the splice sleeve: 250 µm for reinforcing bars No. 43, or smaller, or 750 µm for reinforcing bars No. 57. The forth subparagraph of the last paragraph of Section 52- 1.08C, "Mechanical Butt Splices," of the Standard Specifications is amended to read: A statement that the splicing systems and materials used in accordance with the manufacturer's procedures will develop not less than the minimum tensile strengths, based on the nominal bar area, of 430 MPa for ASTM Designation: A 615/A 615K 1111'3:171 Grade 300 bars and 550 MPa for ASTM Designations: A 615/A 615K Grade 420 and A 706/A 706M bars, and will comply with the total slip requirements and the other requirements in these specifications. The following is added after Section 52- 1.08C(5), "Sleeve- Extruded Mechanical Butt Splices," of the Standard Specifications: ' 52- 1.08C(6) Sleeve - Lockshear Bolt Mechanical Butt Splices. —The sleeve - lockshear bolt type of mechanical butt splices shall consist of a seamless steel sleeve, 2 serrated steel strips welded to the inside of the sleeve, center hole with centering pin, ' and bolts that are tightened until the bolt heads shear off and the bolt ends are embedded in the reinforcing bars. 52- 1.08C(7) Two-Part Sleeve- Forged Bar Mechanical Butt Splices. —The two -part sleeve - forged bar type of mechanical butt splices shall consist of a shop machined two-part threaded steel sleeve that interlocks two hot - forged reinforcing bars ends. The forged bar ends may be either shop produced or field produced. 52- 1.08C(8) Two-Part Sleeve- Friction Bar Mechanical Butt Splices. The two -part sleeve - friction bar type of mechanical butt splices shall consist of a shop machined two -part threaded steel sleeve whose ends are friction welded, in the shop, to the reinforcing bars ends. The first paragraph of Section 52- 1.081), "Qualification of Welding and Mechanical Splicing," of the Standard Specifications is amended to read: Procedures to be used in making splices in reinforcing bars and operators employed to make splices in reinforcing bars shall be qualified by tests performed by the Contractor on sample splices of each size and type to be used, before making splices to be used in the work. The fourth paragraph of Section 52- 1.08D, "Qualification of Welding and Mechanical Splicing," of the Standard Specifications is amended to read: Each operator qualification test for mechanical splices shall consist of 2 sample splices. Each mechanical butt splice procedure test shall consist of 2 sample splices. For sleeve - filler, sleeve- threaded and sleeve- lockshear bolt mechanical splices, all sample splices shall be made on the largest reinforcing bar size to be spliced by the procedure or operator being tested except that No. 43 bars may be substituted for No. 57 bars. For sleeve - swaged, sleeve- extruded, two -part sleeve - forged and two -part sleeve - friction mechanical splices, all sample splices shall be made on the largest reinforcing bar size of each deformation pattern to be spliced by the procedure or operator being tested. When joining new reinforcing bars to existing reinforcement, the qualification test sample bars shall be made with the deformation pattern of the new reinforcement to be joined. 10 -59 Section 52- 1.08E, "Job Control Tests," of the Standard Specifications is replaced with the ' following: 1 52 -1.08E Job Control Tests.— When mechanical butt splices, shop produced complete joint penetration butt welds, or shop produced resistance butt welded splices are used, the Contractor shall famish job control tests for these splices. A job control ' test shall consist of the fabrication, under conditions used to produce the splice, and the physical testing of 3 sample splices for each lot of splices used in the work. A sample splice shall consist of a splice made at the job site to connect two 500 nun, or longer, bars using the same splice materials, position, location, and equipment, and following the same procedures as are being used to make splices in the work. tSample splices shall be made and tested in the presence of the Engineer or the Engineer's authorized representative. ' Sample splices shall be suitably identified with weatherproof markings prior to shipment to the testing laboratory. One job control test shall be fim ished for each lot of 150, or fraction thereof, of mechanical butt splices, shop produced complete joint penetration butt welds, or shop produced resistance butt welded splices of each combination of bar size and bar deformation pattern used in the work. For shop produced complete joint penetration butt welds, shop produced resistance butt welded splices and all types of mechanical butt splices, except the sleeve - threaded type, the Engineer will designate when samples for job control tests are to be fabricated, and will determine the limits of the lot represented by each job control test. ' For sleeve- threaded mechanical butt splices, the reinforcing bars for control samples shall be fabricated on a random basis during the cutting of threads on the reinforcing bars of each lot and shipped to the job site with the material they represent. For shop produced resistance butt welds, two sample splices for each of the smallest and largest sizes of bars to be used shall have the flash ground to sound metal. The ' welds will be visually inspected. Should the average of the results of tests made on the 3 sample splices or should more ' than one sample splice in any job control test fail to meet the requirements for splices, all splices represented by that test will be rejected in accordance with the provisions in Section 6 -1.04, "Defective Materials," of the Standard Specifications. This rejection shall prevail unless the Contractor, at the Contractor's expense, obtains and submits evidence, of a type acceptable to the Engineer, that the strength and quality of the splices in the work are acceptable. 10 -60 I ' Section 52- 1.08F, "Nondestructive Splice Tests" of the Standard Specifications is replaced with the following: 52 -1.08F Nondestructive Splice Tests. All required radiographic examinations of complete joint penetration butt welded splices shall be performed by the Contractor in accordance with the requirements of AWS D 1.4 and these specifications. Prior to radiographic examination, welds shall meet the requirements of Section 4.4, "Quality of Welds," of AWS D1.4 -92. Radiographic examinations shall be performed on 25 percent of all complete joint penetration butt welded splices from a production lot. The size of a production lot will be a maximum of 100 splices. The Engineer will select the splices which will compose the production lot and also the splices within each production lot to be radiographically examined. Should more than 12 percent of the splices which have been radiographically examined in any production lot be defective, an additional 25 percent of the splices, selected by the Engineer from the same production lot, shall be radiographically examined. Should more than 12 percent of the cumulative total of splices tested from the same production lot be defective, all remaining splices in the lot shall be radiographically examined. Additional radiographic examinations performed due to the identification of defective splices shall be at the Contractor's expense. All defects shall be repaired in accordance with the requirements of AWS D1.4. Radiographic examinations will not be required for either shop produced complete joint penetration butt welds or shop produced resistance butt welded splices of No. 25 or smaller bars used as spiral or hoop reinforcement. In addition to radiographic examinations performed by the Contractor, any mechanical or welded splice may be subject to inspection or nondestructive testing by the Engineer. The Contractor shall provide sufficient access facilities in the shop and at the jobsite to permit the Engineer or his agent to perform the inspection or testing. The Contractor shall notify the Engineer in writing 48 hours prior to performing any radiographic examinations. The radiographic procedure used shall conform to the requirements of ASME Boiler and Pressure Vessels Code, Section V, Article 2 and the following: Two exposures shall be made for each complete joint penetration butt welded 10 -61 splice. For each of the two exposures, the radiation source shall be centered on each bar to be radiographed. The first exposure shall be made with the radiation source placed at zero degrees from the top of the weld and perpendicular to the weld root and identified with a station mark of "0." When obstructions prevent a zero degree placement of the radiation source for the first exposure, and when approved in writing by the Engineer, the source may be rotated a maximum of 25 degrees. The second exposure shall be at 90 degrees to the "0" station mark and shall be identified with a station mark of "90." For field produced complete joint penetration butt welds, no more than one weld shall be radiographed during one exposure. For shop produced complete joint penetration butt welds, if more than one weld is to be radiographed during one exposure, the angle between the root line of each weld and the direction to the radiation source shall be not less than 65 degrees. Radiographs shall be made by either X -ray or gamma ray. Radiographs made by X -ray or gamma rays shall have densities of not less than 2.3 nor more than 3.5 in the area of interest. A tolerance of 0.05 in density is allowed for densitometer variations. Gamma rays shall be from the iridium 192 isotope and the emitting specimen shall not exceed 4.45 mm in the greatest diagonal dimension. The radiographic film shall be placed: perpendicular to the radiation source at all times; parallel to the root line of the weld unless source placement determines that the film must be turned; and as close to the root of the weld as possible. ' The minimum source to film distance shall be maintained so as to insure that all radiographs maintain a maximum geometric unsharpness of 0.020 at all times, ' regardless of the size of the reinforcing bars. All penetrameters shall be placed on the source side of the bar and perpendicular to the radiation source at all times. One penetrameter shall be placed in the center of each bar to be radiographed, perpendicular to the weld root, and adjacent to the weld. Penetrameter images shall not appear in the weld area. When radiography of more than one weld is being performed per exposure, each exposure shall have a minimum of one penetrameter per bar, or three penetrameters per exposure. When three penetrameters per exposure are used, one penetrameter shall be placed on each of the two outermost bars of the exposure, and the remaining penetrameter shall be placed on a centrally located ' bar. An allowable weld buildup of 4 mm may be added to the total material thickness when determining the proper penetrameter selection. No image quality indicator equivalency will be accepted. Wire penetrameters or penetrameter blocks shall not be used. F, I u 1 10 -62 i Penetrameters shall be sufficiently shimmed using a radiographically identical material. Penetrameter image densities shall be a minimum of 2.0 and a maximum of 3.6. All radiographic envelopes shall have clearly written on the outside of the envelope the following information: name of the Contractor's QCK name of the nondestructive testing firm, name of the radiographer, date, contract number, ' 10 -63 All radiographic film shall be Class 1, regardless of the size of reinforcing bars. Radiographs shall be free of film artifacts and processing defects, including, but ' not limited to, streaks, scratches, pressure marks, or marks made for the purpose of identifying film or welding indications. Each splice shall be clearly identified on each radiograph and the radiograph identification and marking system shall be established between the Contractor and the Engineer before radiographic inspection begins. Film shall be identified by lead numbers only; etching, flashing, or writing in identifications of any type will not be permitted. Each piece of film identification information shall be legible and shall include, as a minimum, the following information: Contractor's name, date, name of nondestructive testing firm, initials of radiographer, contract number, part number, and weld number. The letter "R" and repair number shall be placed directly after the weld number to designate a radiograph of a repaired weld. Radiographic film shall be developed within a time range of one minute less to one minute more than the film manufacturer's recommended maximum development time. Sight development will not be permitted. Processing chemistry shall be done with a consistent mixture and quality, and processing rinses and tanks shall be clean to ensure proper results. Records of all developing processes and any chemical changes to the developing processes shall be kept and furnished to the Engineer upon request. The Engineer may request, at any time, that a sheet of unexposed film be processed in the presence of the ' Engineer to verify processing chemical and rinse quality. All radiographs shall be interpreted and graded by a Level 11 or Level III technician ' who is qualified in accordance with the American Society for Nondestructive Testing's Recommended Practice No. SNT- TC -IA. The results of these interpretations shall be recorded on a signed certification and a copy kept with the ' film packet. Technique sheets prepared in accordance with ASME Boiler and Pressure Vessels Code, Section V, Article 2 Section T -291 shall also contain the developer temperature, developing time, fixing duration and all rinse times. All radiographic envelopes shall have clearly written on the outside of the envelope the following information: name of the Contractor's QCK name of the nondestructive testing firm, name of the radiographer, date, contract number, ' 10 -63 complete part description, and all included weld numbers or a report number, as detailed in the Contractor's QCP. In addition, all innerleaves shall have clearly written on them the part description and all included weld numbers, as detailed in the Contractor's QCP. Full compensation for the Contractor's Quality Control Manager, Quality Control Plan, daily production log, and developing, modifying and fiilfilling the requirements of the Quality Control Plan, shall be considered as included in the contract price paid per pound for bar reinforcing steel and no additional compensation will be allowed therefor. 10 -1.42 ROADSIDE SIGNS. — Roadside signs shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the provisions in Section 56 -2, "Roadside Signs," of the Standard Specifications and these special provisions. Type N marker panels mounted on a post with a roadside sign shall be considered to be sign panels and will not be paid for as markers. 10 -1.43 REINFORCED CONCRETE PIPE. — Reinforced concrete pipe shall conform to the provisions in Section 65, "Reinforced Concrete Pipe," of the Standard Specifications and these special provisions. ' The relative compaction required below the pipe spring line for pipe in Method 1 backfill in trench, where the pipe is not within the traveled way or under embankment, shall be 85 ' percent, minimum. Except as otherwise designated by classification on the plans or in the specifications, joints ' for culvert and drainage pipes shall conform to the plans or specifications for standard joints. ' Reinforced concrete pipe shall be either cast or spun. Cast reinforced concrete pipe shall be manufactured by placing the concrete into stationary, vertical, cylindrical metal forms. Spun reinforced concrete pipe shall be manufactured by introducing the concrete into a ' rotating, horizontal, cylindrical metal form. Special reinforced concrete pipe, having concrete cover over the steel reinforcement ' greater than the cover specified in AASHTO Designation: M 170K shall conform to the provisions in Section 65 -1.02, "Materials," and Section 65- 1.02A, "Circular Reinforced Concrete Pipe," of the Standard Specifications, except the width of crack produced by the ' D -load test specified in AASHTO Designation: M 170M shall be the width determined by the following formula: ' b t -3/8d t- 3 /8d -C x 0.3 -mm 1I 10 -64 i1b =Width of crack to be produced in lieu of the 0.3 -mm crack specified in AASHTO Designation: M 170M t = Wall thickness of pipe, mm ' d = Effective depth of the section to be tested, in C = Concrete cover over steel reinforcement in excess of cover specified in AASHTO Designation: M 170M ' Reinforced concrete pipe that is to be hydrostatically tested shall be strength tested by the 3 -edge bearing method to a maximum D -load of 10 percent greater than the 0.3 -mm cracking D -load specified in AASHTO Designation: M 170M or to the actual D -load required to produce a 0.3 -mm crack, whichever is the lesser. 10 -1.44 SEWER —Sewer force main material and construction methods shall conform ' to the provisions in the "Greenbook" Standard Specifications for Public Works Construction 1994 edition and its' 1995 Supplement, these special provisions, as shown on the plans and as directed by the Engineer. tAll materials shall be as shown on the plans or approved equals. The Contractor shall obtain the Engineer's written approval for materials type other then the materials indicated on the plans. ' Steel pipe casings shall conform to the welded steel pipe casings' provisions in Section 70, "Miscellaneous Facilities," of the Standard Specifications. ' Working drawings for temporary support of the steel pipe casing at the abutments shall be submitted for approval as specified in Section 5 -1.02, "Plans and Working Drawings" of the Standard Specifications. ' The steel casing pipe shall be treated in accordance with the following requirements, prior to shipping. Exterior surfaces of welded steel pipe shall be cleaned and coated in ' accordance with specifications of ANSUAW WA C213 or at the option of the Contractor, cleaned, primed, and coated in accordance with specifications of ANSUAW WA C214. Wrapping tapes for pipe in contact with the ground shall be a pressure sensitive polyvinyl chloride or polyethylene tape having thickness of 1.27mm, minimum. ' Damaged coating on steel pipe casing shall be wrapped as specified as follows: ' 1. Pipe to be wrapped shall be thoroughly cleaned and primed as recommended by tape manufacturer. r 1 10 -65 2. Tapes shall be tightly applied with 1/2 uniform lap, free from wrinkles and voids to provide not less than 2.5mm thickness. 3. Field joints and fittings for wrapped pipe shall be covered by double wrapping 1.27mm thick tape. Wrapping at joints shall extend a minimum of 150mm over adjacent pipe coverings. Width of tape for wrapping fittings shall not exceed 50mm. Adequate tension shall be applied so tape will conform closely to contours of joint. Where a welded steel pipe casing passes through the abutment wall, the welded steel pipe casing shall be additionally wrapped with 2 layers of No. 15 asphalt -felt building paper, securely taped or wired in place. The contract prices paid sewer items 710001 through 710008 shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in constructing the sewer force main, casings and appurtenance structures as shown on the plans, as specified in the Standard Specifications, "Greenbook ", and these special provisions, and as directed by the Engineer and no additional compensation will be allowed therefor. 10 -1.45 SLOPE PAVING.— Slopes under the bridge ends where shown on the plans shall be paved in accordance with the provisions in Section 72 -6, "Slope Paving," of the Standard Specifications and these special provisions. The first paragraph of Section 72 -6.06, "Payment," of the Standard Specifications is amended as follows: The contract price paid per cubic meter for slope paving (concrete) shall include full compensation for furnishing all labor, materials (including bar reinforcing steel, reinforcing steel anchors, welded wire fabric and timber spacers),tools, equipment and incidentals, and for doing all work involved in constructing the slope paving, complete in place (including excavation, backfill and installing timber spacers), as shown on the plans, as specified in the special provisions and these specifications, and as directed by the Engineer. The slope paving shall be colored in accordance with the provisions in Section 72 -6.03, "Materials," of the Standard Specifications. The location of construction joints shall be subject to the approval of the Engineer. Placement of slope paving shall be scheduled so that the work, including placement, finishing and application of curing, is completed in any section bounded by permissible construction joints on the same day that the work is started in that section. Areas of slope paving shown on the plans to have a grooved finish shall be scored by dragging a finishing tool over the struck -off surface or by any other means which will result in a surface that matches the existing slope paving. t .� I Prior to placing the permanent slope paving, the Contractor shall construct a test panel at least 1.2 m by 1.8 m at the site for approval by the Engineer. The test panel shall be constructed of the same materials as are proposed for the permanent work and shall be finished and cured as specified for the permanent work. Additional test panels shall be constructed as necessary until a panel is produced which conforms to the requirements herein, before constructing other slope paving. 10 -1.46 MISCELLANEOUS CONCRETE CONSTRUCTION. -- Concrete curbs, curb, curb ramps, gutter depressions, concrete blanket and sidewalks shall conform to the ' provisions in Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifications and these special provisions. t Minor concrete (miscellaneous construction) includes curb, curb and gutter, gutter depression, driveway, sidewalk, and curb ramp work. ' 10 -1.47 MISCELLANEOUS IRON AND STEEL. — Inlet covers and frames, bridge soffit grates, and sewer manhole frames and covers shall conform to the provisions in Section 75 "Miscellaneous Metal," of the Standard Specifications. 10 -1.48 CHAIN LINK RAILING; -Chain link railing shall conform to the provisions in Section 83 -1, "Railings," of the Standard Specifications and these special provisions. The chain link fabric shall be 9 -gage (3.76 mm), Type IV, Class B, bonded vinyl coated fabric, conforming to the requirements in AASHTO Designation: M 181. The strength of the bond between the coating material and steel of the bonded vinyl coated chain link fabric shall be equal to or greater than the cohesive strength of the polyvinyl chloride (PVC) coating material. ' 10 -1.49 CONCRETE BARRIER; -- Concrete barriers shall conform to the provisions in Section 83 -2, 'Barriers," of the Standard Specifications. ' 10 -1.50 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS. — Thermoplastic traffic stripes (traffic lines) and pavement markings shall conform to the provisions in Sections 84 -1, "General," and 84 -2, "Thermoplastic Traffic ' Stripes and Pavement Markings," of the Standard Specifications and these special provisions. ' At the option of the Contractor, permanent striping tape as specified in "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provisions, may be placed instead of the thermoplastic traffic stripes and pavement markings specified herein, ' except that STAMARK Brand Pavement Tape, Bisymmetric 1.75 Grade, manufactured by the 3M Company, shall not be used. Pavement tape, if used, shall be installed in ' accordance with the manufacturer's specifications. If pavement tape is placed instead of 1 10 -67 thermoplastic traffic stripes and pavement markings, the pavement tape will be measured and paid for as thermoplastic traffic stripe and thermoplastic pavement marking. The Contractor shall notify the Engineer prior to placing any thermoplastic traffic stripes and pavement markings and receive written approval from the Engineer to proceed with placing any thermoplastic traffic stripes and pavement markings. 10 -1.51 PAINT TRAFFIC STRIPES AND PAVEMENT MARKINGS.— Painting traffic stripes (traffic lines) and pavement markings shall conform to the provisions in Sections 84 -1, "General," and 84 -3, "Painted Traffic Stripes and Pavement Markings," of the Standard Specifications and these special provisions. At the option of the Contractor, permanent striping tape as specified in "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provisions, may be placed instead of the painted traffic stripes and pavement markings specified herein, except that STAMARK Brand Pavement Tape, Bisymmetric 1.75 Grade, manufactured by the 3M Company, shall not be used. Pavement tape, if used, shall be installed in accordance with the manufacturer's specifications. If pavement tape is placed instead of painted traffic stripes and pavement markings, the pavement tape will be measured and paid for as paint traffic stripe and paint pavement marking of the number of coats designated in the Engineer's Estimate. The Contractor shall notify the Engineer prior to painting any traffic stripes and pavement markings and receive written approval from the Engineer to proceed with painting any traffic stripes and pavement markings. 10 -1.52 PAVEMENT MARKERS — Pavement markers shall conform to the provisions in Section 85, "Pavement Markers," of the Standard Specifications and these special provisions. Certificates of compliance shall be furnished for pavement markers as specified in "Prequalified and Tested Signing and Delineation Materials" elsewhere in these special provisions. Reflective pavement markers shall comply with the specific intensity requirements for reflectance after abrading the lens surface in accordance with the "Steel Wool Abrasion ' Procedure" specified for pavement markers placed in pavement recesses in Section 85 -1.05, "Reflective Pavement Markers," of the Standard Specifications. ' The Contractor shall notify the Engineer prior to placing any pavement markers and receive written approval from the Engineer to proceed with placing any pavement markers. ' SECTION 10 -2 HIGHWAY PLANTING AND IRRIGATION SYSTEMS 1 10 -68 it 10 -2.01 GENERAL. —The work performed in connection with highway planting and irrigation systems shall conform to the provisions in Section 20, "Erosion Control and ' Highway Planting," of the Standard Specifications and these special provisions. The Contractor shall notify Engineer not less than 72 hours prior to requiring initial access to the existing irrigation controllers. When the Engineer determines that access to the controllers is required at other times, arrangements will be made to provide this access. Extend irrigation crossovers and payment therefor shall conform to the provisions specified elsewhere in these special provisions. 10 -2.02 EXISTING HIGHWAY PLANTING. —In addition to the provisions in Section 20 of the Standard Specifications, work performed in connection with existing highway planting shall be in accordance with the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Replacement planting shall conform to the requirements specified under "Preservation of Property" elsewhere in these special provisions. 10 -2.03 MAINTAIN EXISTING PLANTS. — Existing plants not designated on the plans to be removed shall be maintained as directed by the Engineer. Maintain existing plants will be paid for as extra work as provided in Section 4 -1.03D of the Standard Specifications. 10 -2.04 EXISTING HIGHWAY IRRIGATION FACILITIES. —In addition to the provisions in Section 20, the work performed in connection with the various existing highway irrigation system facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing irrigation facilities that are to remain; or are to be maintained, relocated or salvaged as part of this contract, shall be protected from damage. If the Contractor's operations damage the existing irrigation facilities, the Contractor shall, at the Contractor's expense, repair or replace the damaged facilities as follows: Repair or replacement of damaged facilities shall be completed within 5 working days of the damage. Replaced irrigation facilities shall be new, and of equal or better quality than the damaged facility. Replacement irrigation facilities shall be compatible with the irrigation systems to remain. After repair or replacement of the facilities is complete, the Contractor shall demonstrate to the Engineer that the repaired or replaced facilities operate properly. When remote control valves are repaired or replaced, the valves shall be tested with the irrigation controller in the automatic mode. (1017 :I Should the Contractor fail to perform the required repairs or replacement work, the cost ' of performing the repairs or replacement work will be deducted from any moneys due or to become due to the Contractor. 1 1 10 -70 10 -2.05 CHECK AND TEST EXISTING IRRIGATION FACILITIES.— Existing irrigation facilities that are to remain or be relocated, that are located within areas where clearing and grubbing or earthwork operations are to be performed, shall be checked for missing or damaged components and proper operation prior to perforating the clearing, grubbing or earthwork operations. The Contractor shall submit a written list of existing irrigation system deficiencies to the Engineer within 5 working days after checking the existing facilities. ' Deficiencies found during checking existing facilities shall be corrected by the Contractor, as directed by the Engineer. Corrective work, ordered by the Engineer, will be paid for as ' extra work as provided in Section 4 -1.03D of the Standard Specifications. When existing irrigation facilities are checked, existing backflow preventers to remain shall be tested for proper operation by a certified Backflow Preventer Tester. The tester shall hold a valid certification as a Backflow Preventer Tester from the county in which the device to be tested is located or, if the county does not have a certification program for Backflow Preventer Testers, the tester shall have a certificate from one of the following: 1. The American Water Works Association. 2. A county which has a certification program for Backflow Preventer Testers. Testing for proper operation shall conform to the provisions of the county in which the testing is being performed or, if such procedures are not available, the tests shall conform to the provisions in the latest edition of the Guidance Manual for Cross - Connection Control Program, which is available from the California Department of Health Services, Division of Drinking Water and Environmental Management, 601 N. 7th Street, MS 92, ' P.O. Box 942732, Sacramento, CA 94234 -7320, The Contractor shall notify the Engineer at least 5 days prior to testing existing backflow preventers. One copy of all test results for each backflow preventer tested shall be furnished to the Engineer. Length of watering cycles for use of potable water from water meters for checking or testing existing irrigation facilities shall be as determined by the Engineer. 1 1 10 -70 J ' Repairs to the existing irrigation facilities ordered by the Engineer after checking and testing the facilities, and any further repairs required thereafter as ordered by the Engineer, except as otherwise provided under "Existing Highway Irrigation Facilities," elsewhere in these special provisions, will be paid for as extra work as provided in Section 4 -1.031) of the Standard Specifications. Full compensation for checking and testing existing irrigation facilities, shall be considered 1 as included in the contract lump sum price paid for irrigation system and no additional compensation will be allowed therefor. 10 -2.06 MAINTAIN EXISTING IRRIGATION FACILITIES.— Existing irrigation facilities, where shown on the plans or specified in these special provisions to be maintained, shall be maintained by the Contractor throughout the life of the contract. ' Prior to the start of maintaining existing irrigation facilities work, the facilities shall be checked for proper operation, and repaired, as specified under "Check and Test Existing Irrigation Facilities," elsewhere in these special provisions. The Contractor shall be responsible for existing irrigation facilities maintenance work, which shall include, but not necessarily be limited to, checking systems, including irrigation controllers and booster pumps for proper operation; and adjusting, repairing or replacing valves, valve boxes, sprinklers, risers, swing joints, wye strainers, valve assembly units, and filter assembly units, after these facilities have been checked for proper ' operation and repairs completed as specified under "Check and Test Existing Irrigation Facilities," elsewhere in these special provisions. The Contractor will not be responsible for maintaining existing water meters, underground pipe supply lines, and electrical conduits. Except as otherwise specified under 'Existing ' Highway Irrigation Facilities," elsewhere in these special provisions, repair work to these facilities, ordered by the Engineer, will be paid for as extra work as provided in Section 4 -1.031) of the Standard Specifications. Existing irrigation systems shall be operated automatically during the life of the contract, except manual operation will be allowed for the work during plant replacement, fertilization, weed germination, and the repair of irrigation facilities. Irrigation controllers shall be programmed by the Contractor for seasonal water ' requirements. During winter seasons irrigation systems shall be operated automatically a minimum of 2 minutes every 2 weeks. Irrigation systems and facilities shall be checked for proper operation at least once every 30 days. When required, as determined by the Engineer, adjusting, repairing or replacing irrigation facilities shall be completed within 5 working days after checking of the irrigation systems. Except as provided elsewhere in these special provisions, repair and replacement of irrigation facilities shall conform to the requirements specified under ' 'Existing Highway Irrigation Facilities," elsewhere in these special provisions 1 10 -71 Except as provided elsewhere in these special provisions, full compensation for maintaining existing irrigation facilities, including checking irrigation facilities, shall be considered as included in the contract lump sum price paid for irrigation system and no separate payment will be made therefor. 10 -2.07 REMOVE EXISTING IRRIGATION FACILITIES. — Existing irrigation facilities, where designated on the plans to be removed, shall be removed and disposed of, except that portions of existing irrigation facilities that are more than 150 mm below finished grade may be abandoned in place in lieu of removing the facilities. Removed facilities shall be disposed of outside the highway right of way in accordance with the provisions in Section 7 -1.13 of the Standard Specifications. Immediately after disconnecting an existing irrigation facility to be removed or abandoned from an existing facility to remain, the remaining facility shall be capped or plugged, or shall be connected to a new or existing irrigation facility as shown on the plans or specified in these special provisions. 1 10 -72 Full compensation for removing and disposing of existing irrigation facilities, and abandoning existing irrigation facilities, shall be considered as included in the contract lump sum price paid for irrigation system and no separate payment will be made therefor. ' 10 -2.08 RELOCATE EXISTING IRRIGATION FACILITIES.— Relocate existing irrigation facilities shall consist of relocating existing and other facilities as shown on the plans or specified in these special provisions. Existing irrigation facilities designated on the plans to be relocated shall remain in place until their use, as determined by the Engineer, is no longer required. Relocate existing sprinklers shall consist of relocating existing risers, riser supports, check ' valves, and concrete protectors as shown on the plans for new installations. Existing irrigation facilities, designated on the plans to be relocated, that are, in the opinion of the Engineer, unsuitable for the purpose intended, shall be replaced in ' accordance with the provisions in Section 15 -2.05, 'Reconstruction," of the Standard Specifications. After irrigation facilities have been relocated, the Contractor shall demonstrate to the Engineer that the relocated facilities function properly. ' Full compensation for relocating existing irrigation facilities shall be considered as included in the contract lump sum price paid for irrigation system and no separate payment will be made therefor. 1 10 -72 I [l I 10 -2.09 HIGHWAY PLANTING MATERIALS MULCH. - -Mulch shall be wood chips. COMMERCIAL FERTILIZER -- Commercial fertilizer (granular) shall be a pelleted or granular form and shall have the following guaranteed chemical analysis: Ingredient Percentage Nitrogen 12 Phosphoric Acid 12 Water Soluble Potash 12 Commercial fertilizer (tablet) shall be a slow release type and shall be in tablet form. Each tablet, as shown on the Plant List on the plans, shall have a mass of 21 f 1 grams, and shall have the following guaranteed chemical analysis: Ingredient Percentage Nitrogen 20 Phosphoric Acid 10 Water Soluble Potash 5 TRANSPLANT INOCULENT.— Transplant inoculant shall be in manufacture's premeasured (3 ounce) packages containing the following ingredients: Ingredients: Live Spores of VA Endomycorrhizal Fungi Minimum 1,000 Spores of Vesicular - Arbuscular (VA) Fungi, including Entrephospora columbiana, Glomus Etunicatum, G. elarum and G. s . Live spores of an Endomycorrhizal Fungus Minimum 60 million spores of Pisolithus tinctorius Water absorbent gel Acrylamide copolymer gel Dry Soluble Yucca Plant Extract Yucca schidi era Soluble Sea Kelp Extract Asco h lum nodosum Humic Acids Leonardite humates Transplant inoculant shall be mixed into the top 250 mm of backfill of transplanted trees. Transplant inoculant shall be stored in a cool, dry condition until used. refrigeration of transplant inoculant is appropriate. Stored transplant inoculant shall not be exposed to direct sunlight. Transplant inoculant shall be installed as recommended by the manufacturer and as provided under, "Planting," elsewhere in these special provisions. 10 -73 ' 10 -2.10 PLANTING. — Commercial fertilizer shall be applied or placed at the time of transplanting and at the rate of 250 grams per tree. Commercial fertilizer (granular) shall be mixed into the plant hole soil a minimum depth of 50 nun near the root ball of transplanted plants. Mulch shall be placed in a 75 nun thick layer, and in a 1.5 in radius around each transplanted tree. Attention is directed to the requirements specified under "Irrigation Systems Functional t Test," elsewhere in these special provisions, regarding functional tests of irrigation systems. Planting shall not be performed in an area until the functional test has been completed on the irrigation system serving that area. ' Full compensation for furnishing and applying mulch, commercial fertilizer, and transplant inoculant shall be considered as included in the contract unit prices paid for transplant ' trees and no separate payment will be made therefor. 10 -2.11 IRRIGATION SYSTEMS.—Irrigation systems shall be furnished and installed in accordance with the provisions in Section 20 -5, "Irrigation Systems," of the Standard Specifications, except materials containing asbestos fibers shall not be used. Attention is directed to the requirements specified under "Obstructions," elsewhere in these special provisions, regarding work over or adjacent to existing underground facilities. Excavation for proposed irrigation facilities shall not be started until the existing underground facilities have been located. All materials for irrigation systems, unless otherwise specified, shall be commercial quality. Nipples shall be threaded. Vertical supply lines entering valve boxes shall be considered nipples. 10- 2.11.01 IRRIGATION SYSTEMS FUNCTIONAL TEST.— Functional tests for irrigation controllers and associated automatic irrigation systems shall conform to the provisions in Section 20- 5.0277, "Testing," of the Standard Specifications and these special provisions. Tests shall consist of demonstrating to the Engineer, through one complete cycle of the irrigation controllers in the automatic mode, that the associated automatic components of the irrigation systems operate properly. If automatic components of the irrigation systems fail a functional test, these components shall be repaired at the Contractor's expense and the testing repeated until satisfactory operation is obtained. 1 10 -74 Upon completion of work on an irrigation system, including correction of deficiencies and satisfactory functional tests for the systems involved, the plants to be planted in the area watered by the irrigation system may be planted, provided the planting areas have been prepared as specified elsewhere in these special provisions. 10 -2.12 PAYMENT. — Irrigation system work will be paid for at a single contract lump sum price for irrigation system. SECTION 10-3. SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS 10 -3.01 DESCREMON.— Modifying traffic signals, fighting and sign illumination shall conform to the provisions in Section 86, "Signals, Lighting and Electrical Systems," of the Standard Specifications and these special provisions. Lighting equipment is included in the following structures: Westbound bridge mounted sign at Birch Street Overcrossing. Traffic signal work is to be performed at the following intersection locations: Birch Street at South Bristol Street Birch Street at North Bristol Street 10 -3.02 COST BREAK- DOWN. —The Contractor shall furnish to the Engineer a cost break -down for each item of work for traffic signal work described in Section 10 -3.01 included in the modify signal and lighting lump sum price. ■ The Contractor shall determine the quantities required to complete the work shown on the plans. The quantities and values shall be included in the cost break -down submitted to the Engineer for approval. The Contractor shall be responsible for the accuracy of the quantities and values used in the cost break -down submitted for approval. L No adjustment in compensation will be made in the contract lump sum prices paid for the various electrical work items due to any differences between the quantities shown in the cost break -down furnished by the Contractor and the quantities required to complete the work as shown on the plans and as specified in these special provisions. ' The sum of the amounts for the units of work listed in the cost break -down for electrical work shall be equal to the contract lump sum price bid for the work. Overhead and profit shall be included in each individual unit listed in the cost break -down, however, costs for J traffic control system shall not be included. Bond premium, temporary construction facilities, plant and other items will not be paid for under the various electrical work items and shall be included in the mobilization bid item for the entire project. 10 -75 I The cost break -down shall be submitted to the Engineer for approval within 15 days after the contract has been approved. The cost break -down shall be approved, in writing, by 1 the Engineer before any partial payment for the items of electrical work will be made. At the Engineer's discretion the approved cost break -down may be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment in compensation for the item or items of electrical work due to changes i' ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved cost break -down, the adjustment in compensation may be determined at the Engineer's discretion in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with Section 4- 1.03B, "Increased or Decreased Quantities," of the Standard Specifications. 10 -3.03 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS. —Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 a.m. and 3:00 p.m. 10 -3.04 STANDARDS, STEEL PEDESTALS AND POSTS. —Where the plans refer to ' the side tendon detail at the end of the signal mast arm, the applicable tip tendon detail may be substituted. The sign mounting hardware, as shown on Detail U of Standard Plan ES -6T, shall be installed at the locations shown on the plans. The sign panels will be State - furnished as provided under "Materials" of these special provisions. 1 10 -76 The cost breakdown shall, as a minimum, include the following items: foundations - each type standards and poles -list by each type conduit -list by each size and installation method pull boxes - each type conductors - each size and type service equipment enclosures signal heads and hardware - each type ' pedestrian signal heads and hardware - each type pedestrian push buttons loop detectors - each type luminaries - each type SIC splice box 10 -3.03 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS. —Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 a.m. and 3:00 p.m. 10 -3.04 STANDARDS, STEEL PEDESTALS AND POSTS. —Where the plans refer to ' the side tendon detail at the end of the signal mast arm, the applicable tip tendon detail may be substituted. The sign mounting hardware, as shown on Detail U of Standard Plan ES -6T, shall be installed at the locations shown on the plans. The sign panels will be State - furnished as provided under "Materials" of these special provisions. 1 10 -76 E U I I Handholes for signal standards shall be located 90° clockwise from the traffic signal mast arm. Type 1 standards shall be assembled and set with the handhole on the downstream side of the pole in relation to traffic, or as shown on the plans. 10 -3.05 CONDUIT.— Conduit to be installed underground shall be Type I unless otherwise specified. Detector termination conduits shall be Type 3. The conduit in a foundation and between a foundation and the nearest pull box shall be Type 1. Conduit sizes shown on the plans and specified in the Standard Specifications and these special provisions are referenced to metallic type conduit. When rigid non - metallic conduit is required or allowed, the nominal equivalent industry size shall be used as shown in the following table: Size Designation for Mctaltic Type Conduit Equivalent Size for Rigid Non - metallic Conduit 21 20 27 25 41 40 53 50 63 65 78 75 103 100 When a standard coupling cannot be used for coupling metal type conduit, a UL listed threaded union coupling, as specified in the third paragraph in Section 86- 2.05C, "Installation," of the Standard Specifications, or a concrete -tight split coupling or concrete -tight set screw coupling shall be used. When rigid non - metallic conduit is placed in a trench (not in pavement or under portland cement concrete sidewalk), after the bedding material is placed and the conduit is installed, the trench shall be backfilled with commercial quality concrete, containing not less than 250 kg of portland cement per cubic meter, to not less than 100 mm above the conduit before additional backfill material is placed. Conduit runs shown on the plans to be located behind curbs may be installed in the street, within 0.9 -m of, and parallel to the face of the curb, by the trenching in pavement method described in Section 86- 2.05C. All pull boxes shall be located behind the curb or at the locations shown on the plans. 10 -77 After conductors have been installed, the ends of conduits terminating in pull boxes, and in service and controller cabinets shall be sealed with an approved type of sealing compound. At locations where conduit is required to be installed under pavement and if delay to any vehicle will not exceed 5 minutes, conduit may be installed by the "Trenching in Pavement Method." 10 -3.06 PULL BOXES. —Grout shall not be placed in bottom of pull boxes. 10 -3.07 CONDUCTORS AND WIRING. — Splices shall be insulated by "Method B" splices of conductors shall be insulated with heat - shrink tubing of the appropriate size after thoroughly painting the spliced conductors with electrical insulating coating. SIGNAL INTERCONNECT CABLE. — Signal Interconnect Cable (SIC) shall be the 12 -pair type. 10 -3.08 VEHICLE SIGNAL FACES AND SIGNAL HEADS. —All lamps for traffic signal units (except programmed visibility type) will be State - furnished as provided under "Materials" of these special provisions. Type SV -1 -T mountings with 5 sections and SV -2 -TD mountings shall be bolted to the standard through the upper pipe fitting in a manner similar to the terminal compartment. 10 -3.09 PEDESTRIAN SIGNALS. —Lamps for Type A pedestrian signals will be State - furnished as provided under "Materials" of these special provisions. Type SP- 1 -T pedestrian signal mountings shall have an upper and lower mounting bracket attached to the pedestrian signal housing in the same manner as that shown on the plans for Type SP -2 -T mounting. 10 -3.10 DETECTORS.—Loop detector sensor units, magnetic detector amplifiers, magnetic sensing elements and asphaltic concrete sealant for inductive detector loop installation will be State - famished as provided under "Materials" of these special provisions. Loop wire shall be Type 1. Loop detector lead -in cable shall be Type C. Slots shall be filled with elastomeric sealant, asphaltic emulsion sealant, or hot -melt rubberized asphalt sealant. Slots in asphalt concrete pavement shall be filled with asphaltic concrete sealant as follows: 10 -78 11 After conductors are installed in the slots cut in the pavement, paint binder (tack coat) ' shall be applied to the vertical surfaces of slots in accordance with the provisions in Section 394.02, "Prime Coat and Paint Binder (Tack Coat)," of the Standard Specifications. Temperature of sealant material during installation shall be above 21 °C. Air temperature during installation shall be above 10 °C. Sealant placed in the slots shall be compacted by use of a 200 mm diameter by 3 mm thick steel hand roller or other tool approved by the Engineer. Compacted sealant shall be flush with the pavement surface. Minimum conductor coverage shall be 25 mm. Excess sealant remaining after rolling shall not be reused. On completion of rolling, traffic will be permitted to travel over the sealant. Slots in asphalt concrete pavement shall be filled with asphaltic concrete sealant as follows: After conductors are installed in the slots cut in the pavement, paint binder shall be applied to all vertical surfaces of slots in accordance with the provisions in Section 394.02, "Prime Coat and Paint Binder," of the Standard Specifications. Temperature of sealant material during installation shall be above 21 °C. Air temperature during installation shall be above 10 °C. Sealant placed in the slots shall be compacted by use of an 200 -mm diameter by 3 mm thick steel hand roller or other tool approved by the Engineer. Compacted sealant shall be flush with the pavement surface. Minimum conductor coverage shall be 25 mm. Excess sealant remaining after rolling shall not be reused. On completion of rolling, traffic will be permitted to travel over the sealant. ' 10 -3.11 MAGNETOMETER DETECTORS.— DESCRIPTION. —The term "magnetometer detector" applies to a complete installation consisting of a sensing element or group of sensing elements installed in the roadway or bridge deck as shown on the plans, lead -in cable and a control unit with power supply ' installed in a controller cabinet. Each magnetometer detector shall be capable of responding to the changes in the earth's local magnetic field resulting from the presence or passage of a vehicle containing iron or steel over the sensor unit within the lane of required detection at any speed from 0 to 160 km/h. ' The detector shall operate at any distance up to 915 in between the control unit and the ' sensing elements. Operation of the magnetometer detector shall be unaffected by temperature change, water, ice, pavement deterioration, or electromagnetic noise. Control units shall maintain 10 -79 satisfactory operation over an ambient temperature range of -35 °C to 71 °C and humidity conditions of 0 to 99 percent. All magnetometer detectors to be installed in the project shall be the same make. MODES OF OPERATION. —Each detector channel shall be capable of functioning in any of four front -panel selectable modes: a. Presence - Time of detection shall be unlimited. b. Extend - Presence. The detection output shall extend for a timer set value of up to 5 seconds after the detection zone has cleared. c. Pulse - A single 100 ±25 ms pulse shall be generated per detection actuation. d. Inhibited Pulse - The detection output shall be inhibited for a time set value of up to 5 seconds after the detection zone has cleared. RESPONSE TIME. —Pick up and drop out times shall be consistently within 10 ms. CONTROL UNITS. —The control unit shall be a solid -state electronic device capable of providing closure of an output circuit when a vehicle stands over or passes through the magnetic field of the sensing elements connected to the input circuitry of the control unit. Each control unit shall house two complete, fully independent detection channels. Each independent detector channel shall produce an output signal when vehicles pass over the magnetometer sensing element embedded in the roadway. ' Each channel shall be capable of operating up to twelve sensing elements. Parked or stalled vehicles over sensing elements of one channel shall have no effect on the operation of any other channel. Damage to sensing elements or cables on one channel shall not affect operation of any other channel. ' Following a power interruption, the control unit shall return to normal operation within 3 minutes. The front panel of the control unit shall contain: t a. An LED to indicate detection of a vehicle. b. A switch for selecting the mode of operation. c. Controls for calibrating the detector. d. A switch or control shall be provided to disable the output of each channel on an individual basis. A switch or switch position shall be provided to place a call on each channel on an individual basis. 10 -80 Control units shall be provided with a "call hold" feature which shall extend the vehicle call for an adjustable period of 0 to 5 seconds. The delay feature shall not operate during pulse mode. All switches and controls shall be clearly and permanently identified and shall be operable without the use of tools or external meters. Connector circuitry shall conform to the standard product of the manufacturer of the ' detector control unit provided. The controls, indicator lights, and meters, and a resettable circuit breaker shall be mounted on the front panel of the control unit. The controls shall be manually variable. Maximum mass of the unconnected control unit shall be 1.8 kg and nominal dimensions of the unit shall be 57 mm wide x 150 mm high x 225 mm long. 1 1 10 -81 CONTROL UNIT (CARD RACK TYPE). —The magnetometer detector control unit shall be mounted on an edge- connected printed circuit board compatible with and designed to plug into the cabinet input file of Model 170 based controller assemblies as described in "Traffic Signal Control Equipment Specifications," issued by the State of California, Department of Transportation, and to the addendums thereto current at the ' time of project advertising. The chassis housing shall have a hand pull to facilitate insertion and removal from the input file. The printed circuit board shall be 114 mm by 165 mm. The width of the front panel shall be 50 -58 mm. The unit shall draw ±300 ma when operating within 22 to 28 VDC. The printed circuit board edge connector shall intermate with the 22 -pin double -sided connector in the Standard Input File. ' Each detector channel output shall be optically isolated solid state at 50 VDC. ' CONTROL UNIT (SHELF MOUNTED TYPE). —Each control unit shall be furnished with an integral power supply. tAll input and output circuits for each unit shall enter via a single connector. Each connector for modular-type units shall be provided with either threaded shell or spring- loaded latch locking. Connector circuitry shall conform to the standard product of the manufacturer of the ' detector control unit provided. The controls, indicator lights, and meters, and a resettable circuit breaker shall be mounted on the front panel of the control unit. The controls shall be manually variable. Maximum mass of the unconnected control unit shall be 1.8 kg and nominal dimensions of the unit shall be 57 mm wide x 150 mm high x 225 mm long. 1 1 10 -81 11 MAGNETOMETER DETECTOR SENSING ELEMENTS. —The sensing element shall be cylindrical in shape, shall be no larger than 23 mm x 89 mm and shall contain no moving parts. The sensing element shall have a non - ferrous, moisture -proof housing, shall not be affected by extremes of temperature or humidity, shall be capable of withstanding all types of soil conditions and shall be sealed to prevent the entrance of moisture. ' The connecting cable attached to each sensing element shall be suitable for both direct burial in earth and installation in conduit, and shall be 15 m in length, minimum, and shall ' be as specified by the detector manufacturer. MAGNETOMETER DETECTOR LEAD -IN CABLE (DLCM). -DLCM shall be used only where shown on the plans and shall consist of 4 No. 18 stranded copper conductors, and an outer jacket of 0.75 -mm minimum thickness high density, polyethylene or polypropylene. Individual conductors shall be provided with a minimum thickness of 0.25 -mm of polypropylene color -coded insulation. The conductors shall be twisted approximately 20 turns per meter. An amorphous interior moisture penetration barrier shall be provided to prevent hosing, siphoning or capillary absorption of water along cable interstices. The finished cable shall have a nominal outside diameter of 6 mm. INSTALLATION DETAILS. — Installation of magnetometer detectors shall be according ' to the details shown on Standard Plan ES -513. The sensing elements shall be placed in holes cut in the roadway, slab, or concrete deck, at locations shown on the plans. Each ' hole shall be of a diameter large enough to accept the particular type of sensing element being used, with adequate space for the lead -in conductor cable. Holes shall be cut to a depth to provide a mounting depth of the sensing element as recommended by the ' manufacturer of the unit provided. The holes shall be vertical, regardless of the slope or grade of the pavement surface. ' Preparing slots and holes shall conform to the requirements for installing loop detectors. The sensing elements shall be placed in the bottom of the holes, in a vertical position, and the holes shall be filled with clean dry sand to approximately 75 mm below the pavement surface. ' Unless otherwise shown on the plans, a separate cable shall be provided for each magnetometer sensing element to the termination pull box. The cable(s) shall be run without splices to the termination pull box where splices shall be made to the lead -in cable. ' Provisions for splices are covered under "Conductors and Wiring," elsewhere in these special provisions. After the lead -in conductor cables are installed in the slots, the slots for lead -in conductor cables and the top 75 mm, minimum, of sensing element holes shall be filled with the type J 1 10 -82 of loop sealant specified in the special provisions and described in Section 86-5.01A, "Inductive Loop Detectors," of the Standard Specifications. 10-3.12 LUMINARIES.— Ballasts shall be the lag or lead regulator. 10 -3.13 INTERNALLY ILLUMINATED STREET NAME SIGNS. — Internally illuminated street name signs shall be Type A. 10 -3.14 PHOTOELECTRIC CONTROLS. — Contactors shall be the mechanical armature type. Photoelectric units for illuminated signs shall have a "turn-on" level of between 215 and 323 lux (corresponds to a switching level of approximately 430 to 646 lux measured in the horizontal plane). "Turn-off' level shall not exceed 3 times "turn-on" level. 10-3.15 PAYMENT. —The contract lump sum price or prices paid for signal and lighting ' shall include highway lighting at intersections in connection with signals only described in Section 10 -3.01. ' Any other roadway lighting on the project shall be considered as included in the contract lump sum price paid for lighting and sign illumination. 11 ' 10 -83 I 'I �I 1 'LJ � APPENDIX I r AC. ' �t �yiiiG i — Ir minimum Match existing Paving mated 0 .. 00o0 e0000 • pgodq �•. %' aggregate hue rack material CONSTRUCTION NOTES: (D8" diameter schedule 40 PVC pipe. (2 Cast iron frames and covers shall be triangular. Brooks Products No. 47T.l&R No. 4T, or P.isel Enterprises I -P, marked 'water.' GENERAL NOTES: 1. Concrete shall be 560-C -3250. 2. Portions of this standard 2Lso apply to sewer deanouts. CITY OF NEWPORT BEACH PUBUo WCOM DWAItI tM Valve Box Cover and Riser wIIIIXM Dar. II&WISAM RB. NO. URN N.B. No. "M DRAWM NO. STD - $11- L CROSSING PIPE WALL (DIAMETER OF PIPE • DI) OPTIONAL SIDE OF BLANKET (TYP.)� CONCRETE BLANKET (CLASS 265C14 (450 -C -2000) CONCRE UNDISTURBED EARTH EXISTING PIPE OUTSIDE OF PIPE BELL r (SEE NOTE 3) A2 1 (TYP.) -Z • Do /2 FOR D > 375 mm 05.1 3Do /4 FOR D t 375 mm (15.) NOTES: I. CONCRETE BLANKET IS REQUIRED WHEN THE CLEARANCE BETWEEN THE TOP OF THE EXISTING PIPE AND THE BOTTOM OF THE CROSSING PIPE IS LESS THAN 450 mm (18 IN.). 2. Y - D/6 (150 mm (6 IN.) MIN.). WHERE THE CLEARANCE BETWEEN THE TOP OF THE EXISTING PIPE AND THE BOTTOM OF THE CROSSING PIPE IS LESS THAN Y. THE CONCRETE SMALL BE PLACED BETWEEN THE PIPES AND AROUND THE SIDES OF THE CROSSING PIPE UP TO A LEVEL EQUAL TO Y ABOVE THE EXIST- ING PIPE. OR AS REQUIRED BY NOTE 3 BELOW. WHICHEVER IS HIGHER. 3. X = D /12. MINIMUM. TO PROVIDE BEDDING MATERIAL FOR THE CROSSING CONDUIT. WHEN X IS LESS THAN THIS MINIMUM. THE ENTIRE TOP SURFACE OF THE BLANKET SHALL BE RAISED TO MAKE CONTACT WITH THE LOWER 900 OF THE CROSSING PIPE. 4. THE BLANKET SHALL EXTEND LONGITUDINALLY TO THE FIRST JOINT BEYOND THE TRENCH EXCAVATION AT EACH END OF THE BLANKET. EXCEPT THAT THE BLANKET NEED NOT BE EXTENDED MORE THAN 1.2 m (4 FT.) BEYOND THE TRENCH. 5. WHENEVER A PIPE BELL IS ENCOUNTERED WITHIN THE LIMITS OF THE BLANKET, ALL DIMENSIONS SHALL REFER TO THE BELL. INVERT SLAB OF ARCH OR BOX 11! SECTION (CROSSING CONDUIT) t— UNDISTURBED EARTH EXISTING PIPE OUTSIDE OF PIPE BELL NO MINIMUM STYROFOAM OR COMPRESSIBLE NOTES: I. COMPRESSIBLE BLANKET IS REQUIRED WHEN THE CLEARANCE BETWEEN THE TOP OF THE EXISTING PIPE AND THE BOTTOM OF THE CROSSING CONDUIT (BOX OR ARCH) IS LESS THAN 450 mm (18 IN.). 2. THE BLANKET SHALL EXTEND LONGITUDINALLY FOR THE FULL CROSSING CONDUIT TRENCH WIDTH. 3. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC AND ENGLISH UNITS ARE NOT EXACT EQUAL VALUES. IF METRIC VALUES ARE USED. ALL VALUES USED FOR CONSTRUCTION SHALL BE METRIC VALUES. WITH THE EXCEPTION OF REINFORCING BAR SIZES FOR WHICH ENGLISH IIMPERIALI BAR SIZES MAY BE SUBSTITUTED FOR METRIC BAR SIZES. IF ENGLISH UNITS ARE USED. ALL VALUES USED FOR CONSTRUCTION SHALL BE ENGLISH VALUES. AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER PNWORKS TEDBYTHE PUBG BLANKET PROTECTION FOR PIPES STANDARD PLAN EENSOOKTCOMMTTEENC., 225-1 Im REV. IM SHEET I OF I USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTTON N U O 0 r aJ -4)— -'h- _ ooslm � � =ft%l 0001 z z z O_ O O cf) � CIO co — o U U =3 J o 0 0 J W W D 0 %%ftm000 %%Uw000 UJ O .09 a-I ' l X rn T cz Iwo 0 OLP ma E O U cn O O. O CL .I X X T OOOM"%% a) a) C. 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CITY OFiv F-"-UN 1 N 9 X997 i 0 (3$-) June 9, 1997 CITY COUNCIL AGENDA ITEM NO. 11 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BIRCH STREET OVERCROSSING AT STATE ROUTE 73 (CORONA DEL MAR FREEWAY - SAN JOAQUIN HILLS TOLLWAY) CONTRACT NO. 2931 RECOMMENDATIONS: 1. Award Contract No. 2931 to Heritage Engineering Construction, Inc. of Ontario, California for the total bid amount of $1,438,686.06, and authorize the Mayor and the City Clerk to execute the contract on behalf of the City 2. Establish an amount of $140,000 for unforeseen work and changed conditions. 3. Approve a Professional Services Agreement with CRSS Constructors, of Irvine, California, for construction management, inspection, surveying and materials testing for a contract price of $224,360. 4. Authorize a budget amount of $28,500 for construction consultant services as follows: (a) Willdan for civil engineering ............................. $20,000 (b) Project Management ....................... ...........$ 8,500 5. Approve a Budget Amendment in the amount of $316,000 from unappropriated Circulation Improvement and Open Space Agreement funds to Account No. 7432- 05100065. DISCUSSION: At 11:00 a.m. on May 23, 1997, the City Clerk opened and read the following bids for this project: SUBJECT: BIRCH STRESbVERCROSSING AT STATE ROUTE 73 (C*A DEL MAR FREEWAY - SAN JOAQUIN HILLS TOLLWAY) CONTRACT NO. 2931 June 9, 1997 Page 2 • The low bid is 4.2% above the Engineer's Estimate of $1,381.035.80 Heritage Engineering Construction, Inc. is a qualified contractor who has completed a number of bridge construction contracts similar in scope and magnitude to the Birch Street project. References from Caltrans and Los Angeles County were generally positive, and Staff therefore recommends award of Contract No. 2931 to Heritage Engineering Construction, Inc. The Birch Street Overcrossing project will widen the bridge over the Route 73 freeway 9 meters (30ft.). It will provide for two additional left turn lanes and allow a third right turn lane from Birch Street to North Bristol. Northerly of Bristol an 800 ft. long tapered widening will be constructed to provide a transition to the wider bridge. The right -of -way necessary to construct the tapered widening has been acquired. It was not necessary to file a condemnation action to acquire the two parcels that the City Council authorized for . condemnation in April. On the south side the County is constructing the Mesa Drive /Birch Street widening that will connect to Irvine Avenue. This is the City's first project to be designed to meet the State's requirements for being 100% in metric units. The Birch Street Overcrossing project is a cooperative effort among the City of Newport Beach, the County of Orange, and the Costa Mesa Sanitary District. Under the terms of a previously approved agreement by the three agencies, the County, through its Orange County Development Agency, will reimburse the City a not -to- exceed amount of $231,000 for the construction of certain sanitary sewer facilities and for a left -turn lane for eastbound Bristol Street onto northbound Birch Street. A review of the bid prices for these items indicates the reimbursement amount will be in the vicinity of $125,000. The final reimbursement amount will be determined upon completion of construction of these items. In anticipation of awarding three large construction projects in June, 1997 (Birch Street Overcrossing, MacArthur Boulevard Phase 2, and the Arches Interchange), Staff invited several construction management firms to appear before an interview panel for the purpose of selecting three different firms to provide construction management and related services for these three projects. The interview panel consisted of three representatives from the City and one from Caltrans. After interviewing and rating the firms, Staff recommends the approval of a professional services agreement covering construction • RANKING BIDDER AMOUNT Low Heritage Engineering Construction, Inc. $1,438,686.06 2 Griffith Company $1,671,947.93 3 Banshee Construction $1,805,933.50 The low bid is 4.2% above the Engineer's Estimate of $1,381.035.80 Heritage Engineering Construction, Inc. is a qualified contractor who has completed a number of bridge construction contracts similar in scope and magnitude to the Birch Street project. References from Caltrans and Los Angeles County were generally positive, and Staff therefore recommends award of Contract No. 2931 to Heritage Engineering Construction, Inc. The Birch Street Overcrossing project will widen the bridge over the Route 73 freeway 9 meters (30ft.). It will provide for two additional left turn lanes and allow a third right turn lane from Birch Street to North Bristol. Northerly of Bristol an 800 ft. long tapered widening will be constructed to provide a transition to the wider bridge. The right -of -way necessary to construct the tapered widening has been acquired. It was not necessary to file a condemnation action to acquire the two parcels that the City Council authorized for . condemnation in April. On the south side the County is constructing the Mesa Drive /Birch Street widening that will connect to Irvine Avenue. This is the City's first project to be designed to meet the State's requirements for being 100% in metric units. The Birch Street Overcrossing project is a cooperative effort among the City of Newport Beach, the County of Orange, and the Costa Mesa Sanitary District. Under the terms of a previously approved agreement by the three agencies, the County, through its Orange County Development Agency, will reimburse the City a not -to- exceed amount of $231,000 for the construction of certain sanitary sewer facilities and for a left -turn lane for eastbound Bristol Street onto northbound Birch Street. A review of the bid prices for these items indicates the reimbursement amount will be in the vicinity of $125,000. The final reimbursement amount will be determined upon completion of construction of these items. In anticipation of awarding three large construction projects in June, 1997 (Birch Street Overcrossing, MacArthur Boulevard Phase 2, and the Arches Interchange), Staff invited several construction management firms to appear before an interview panel for the purpose of selecting three different firms to provide construction management and related services for these three projects. The interview panel consisted of three representatives from the City and one from Caltrans. After interviewing and rating the firms, Staff recommends the approval of a professional services agreement covering construction • SUBJECT: BIRCH STREEWERCROSSING AT STATE ROUTE 73 (COIGA DEL MAR FREEWAY - SAN JOAQUIN HILLS TOLLWAY) CONTRACT NO. 2931 June 9, 1997 • Page 3 management and related services for the Birch Street Overcrossing to CRSS Constructors, of Irvine, California. CRSS Constructors has successfully performed (or is performing) similar services on a large number of public works projects most notably the Warner Avenue Bridge Widening at 1 -405 in Fountain Valley, the 1-405 /Bristol Street Interchange in Costa Mesa, and improvements on the Foothill Transportation Corridor in South Orange County. A specific scope of work and a budget for corresponding costs were agreed upon between the City and CRSS and these items are attached as exhibits to the City's Professional Services Agreement. CRSS Constructors will provide construction management, resident engineering, construction inspection, survey staking and materials testing. In addition to assuring that construction work is accomplished in accordance with the project plans and specifications, CRSS Constructors will monitor and review construction scheduling, coordinate the work on private properties, and handle communications with the public. A total of $224,360 is established to cover the cost of these professional services. In addition to the construction contract, construction contingency, and construction management amounts, Staff is recommending authorization of $20,000 for design civil engineering coordination services and $8,500 for project management services. An overall summary of project expenditures (on -going and projected) is as follows: CONSTRUCTION COST AMOUNT Construction $1,438,686.06 Unforeseen work during construction 140,000.00 Construction management 224,360.00 Construction consultant services 28,500.00 Total $1,831,546.06 Funding for the construction will be from the following accounts: Funding Source Account No. Amount Measure "M" Competitive & GMA # 8 7284- C5100065 $1,550,000.00 CIOSA - Loan 7432- C5100065 $ 156,546.06 Contribution - Orange County 7251- C5100065 $ 125,000.00 Total $1,831,546.06 The Measure "M" and Contribution funds are currently budgeted. CIOSA funds for this project are not curren "y budgeted. The CIOSA Series B bond issue authorized by the • City Council provides 6316,000 for the Birch Street Bridge project. A budget amendment is needed to appropriate these funds to CIOSA Account No. 7432- C5100065. The funds SUBJECT: BIRCH STRE&VERCROSSING AT STATE ROUTE 73 (Cd&A DEL MAR FREEWAY - SAN JOAQUIN HILLS TOLLWAY) CONTRACT NO. 2931 June 9, 1997 Page 4 . in addition to the $156,546.06 needed for construction will be used for right -of -way acquisition and project management. Respectfully submitted, (20 PUBLIC WORKS DEPARTMENT Don Webb, Director Emmet Berkery, P.E. Project Management Consultant Attachment: Professional Services Agreement - CRSS Contstructors • CONSULTANT AGREEMENT THIS AGREEMENT, entered into this 12th day of September, 1996, by and between City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and CRSS Constructors, Inc., whose address is 2500 Michelson Drive, Suite 100, Irvine, CA, 92715, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. The principal members of Consultant are Greg McMurtey and Roger Russell. C. City desires to engage Consultant to provide construction management, inspection and testing service for the Birch Street overcrossing (SR 73), widening project upon the terms and conditions contained in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: n U -1- 11 0 1. TERM The Term of this Agreement shall commence on the _ day of • 19_, and shall terminate on the _ day of 19_, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. Compensation shall not exceed $224,360. 4. STANDARD OF CARE . A. All of the work shall be performed by Consultant or under Consultants supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any negligent errors or omissions in the • -2- • execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. B. Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any • other delays beyond Consultant's control or without Consultant's • fault. C. The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of and shall not be responsible for the project's design, the City's project contractor (hereinafter referred to as "contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole We 0 0 responsibility of the Contractor. Consultant shall not be responsible . for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or missions of the City, Design Engineer, Contractor, subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the • benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. E 0 C-I • 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Greg McMurtey to be its Project Manager. 8. TIME OF PERFORMANCE The task to be performed by Consultant under and pursuant to this Agreement shall be completed within the time specified in Section 1 of this Agreement. Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. -5- 0 E 10. CONFORMANCE TO APPLICABLE REQUIREMENT 0 All work prepared by Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and 0 all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the Consultant's performance of services or work to be conducted or performed pursuant to this Agreement. City agrees to indemnify, defend, save and hold harmless Consultant, its officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and n U . court costs arising from any and all negligent actions of City, its employees, agents or subcontracts in the City's performance of services or work to be conducted or performed pursuant to this Agreement. Without limiting the City's rights to indemnity or other remedies under this Agreement, the City agrees Consultant shall not be liable for any form of special, indirect or consequential damages, which may be incurred by City, including, without limitation damages for economic loss, such as business interruption or loss of profits, however the same may be caused, including, without limitation, breach of contract, tort, strict liability or otherwise. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain • and provide and maintain at its own expense during the term of this Agreement policy or • policies of liability insurance of the type and amounts described below and satisfactory to the City. Consultant shall provide certificates in form acceptable to City which certifies coverage and shall be signed by a person authorized by that insurer to bind coverage on its behalf all certificates must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers' compensation and professional errors and omissions insurance, all insurance policies shall name as additional insured the City, its selected officials, officers and employees for all liability arising from Consultant's negligent acts subject to its policy limits. -7- 0 0 Prior to the commencement of any services hereunder, Consultant shall . provide to city certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class A VI or better carriers: A. Worker's compensation insurance covering all employees and principals of the Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or . the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of $1 million dollars ($1,000,000). Consultant's liability for errors and omissions for services to be performed under • we 1] �J • this contract shall be limited in the aggregate amount of $1 million dollars ($1,000,000). If approved by City Risk Manager Consultant may provide a letter of self insurance in lieu of professional errors and omissions insurance. All policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. • Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant and City hereby grants each other, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of Consultant and City may acquire against each other by virtue of the payment of any loss under such insurance. 0 0 14. PROHIBITION AGAINST TRANSFERS • Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement, except for transfers or assignments to an • affiliated existing parent or subsidiary entity. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduces, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City, • -10- 9 0 • No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base, maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in • City's possession necessary for Consultant to complete the work contemplated by this E Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City Engineer or his /her designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. -11- 0 9 19. EXTRA WORK • Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit 'B ". All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the • Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultants schedule of fees contained in Exhibit "B" hereof. Each • E 0 • 9 • invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 25. TEN PERCENT (10 %) WITHHOLDING City may withhold an amount equivalent to ten percent (10 %) of the total compensation provided herein, to be released to Consultant upon final adoption of the study by the Mayor and City Council. The City reserves the right to refuse to pay all -13- • • billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed and adopted as specified above. • 26. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this . project. 28. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. -14- • Ll 0 B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 29. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 0 30. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: • City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 Attention: City Engineer -is- • Ll All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Robert J. Close, P.E. CRSS Constructors, Inc. 2500 Michelson Drive Suite 100 Irvine, CA, 92612 31. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, 0 specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination, along with reasonable termination /demolization costs not to exceed $500.00. n L. J -16- • s . 32. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 33. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 34. WAIVER A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any • other term, covenant or condition contained herein whether of the same or a different character. • 35. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. -17- E E IN WITNESS WHEREOF, the parties have caused this Agreement to be executed • on the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation 0 CONSULTANT am Warren Dean, CEO fAcat \debbie\ag \crss.doc 05 -20-97 • Pi • EXHIBIT "A" The Construction Management (CM) services for the Birch Street Project shall include, but not necessarily be limited to, the following items: 1. Guarantee the CM project team, as described in the April 7, 1997, CRSS letter, to provide consultant management services during the 7 month construction period. 2. Furnish a construction field office with furniture, communication facilities, computers, etc. as needed to support the scope of services to be performed. An unfurnished office trailer or unfurnished office space, with telephone and electric service and chemical toilets, will be provided by the construction contractor. 3. Review the project plans, specifications, and cost estimates (PS &E). 4. Attend the pre -bid meeting(s). The meeting will be conducted by a City Public Works Department staff representative. • 5. Arrange and schedule partnering conferences. CRSS shall provide an approved facilitator as described in the April 7, 1997 CRSS letter. 6. Arrange, schedule and conduct the pre- construction meeting(s). 7. Record by video and photography all surface improvements, both public and private within the project limits, particularly those portions of the properties on Birch Street northerly of Bristol Street North, which are impacted by the project. The purpose of the video log is to have an accurate record of the state of the improvements prior to construction. 8. Review, process, and approve the contractor's construction schedule of work, traffic control and construction staging plans and shop drawing submittals. Implement a system for tracking, organizing, filing and managing correspondence, including letters, requests for information, submittals, contracts, reports, manuals, progress payments, change orders, etc. Notify City and contractor of actual or potential deviation from schedule. Proactively work with project team (Public Works staff, project consultants, contractor) to identify possible schedule set -backs and correct non - compliance with schedule. 9. Furnish any special inspection as required by Caltrans, materials testing, • and construction surveying services, in addition to the resident engineer (RE) and construction inspection services typically furnished in a CM contract. Provide these items as separate tasks /costs. • i 10. Coordinate the City's construction project(s) with other agency concurrent • contracts, specifically: a. County of Orange Birch -Mesa project. Construction is anticipated to begin June 1997. The CM scope of services should include an item for providing inspection services relative to the encroachment permit issued by the City to the County for the work within City limits. b. Orange County Water District Green Acres project. Construction is anticipated to begin April 1997. C. Costa Mesa Sanitary District sewer pump station and force main project. Construction is anticipated to begin at some point during the City's project. This item includes scheduling and conducting periodic meetings with these agency representatives and their contractors to coordinate traffic control, construction interface and identify potential conflicts. 11. Observe and document all aspects of project including construction, documentation, and job site safety for compliance with contract documents. . Notify contractor when work is not in compliance. Prepare daily inspection reports. Provide photographic and video documentation of construction process. 12. Coordinate with all utility agencies who have facilities (overhead and underground) within and /or adjacent to the project limits. Notify utility agencies in advance of construction in the vicinity of their facilities. 13. Coordinate with all owners (or managers) of properties impacted by the widening project, with particular concern to those properties with only one driveway for ingress and egress. Review and approve contractor's plan(s) to provide temporary ingress and egress during construction. Meet with property owners /managers on an on -going basis to coordinate construction on their properties and resolve any conflicts. 14. Provide on -going public relations activities with surrounding property owners, businesses, Caltrans, EMA, and the local news media. These activities include meetings, flyers, letters, press releases and a public "hotline ". 15. Interpret the contract documents or request the design consultant to interpret the contract documents, or request clarifications, details, etc. • pertaining to the plans. . 16. Conduct regular weekly construction meetings with the contractor, maintain detailed minutes, and provide a monthly progress report to the City. 17. Coordinate inspections by Caltrans oversight personnel and provide monthly progress reports to Caltrans and City. 18. Coordinate inspections by Costa Mesa Sanitary District personnel for the sewer force main installation included in the project plans. 19. Issue plan revisions and assure that the contractor maintains a detailed record of "as- built" revisions. 20. Review contractors' payment requests. Verify pay items. Recommend payment and prepare payment documentation for processing by City. 21. Review CO's requests for merit. Negotiate contract change orders (CO) for City review and approval. Prepare independent cost estimate. Apprise City of cumulative impact of CO's. 22. Meet with City representatives and conduct public meetings as necessary. . 23. Develop a "punch list" at the conclusion of construction. 24. Provide other items of work that you view as beneficial to the project. 25. Provide cost savings measures for the City's consideration. 26. Both the bridge widening and the street widening are in one contract and are included in the scope of services. The City will be responsible for: 1. Advertising and awarding the project. 2. Providing contract documents. 3. Approving all progress payments and change orders. • 0 EXHIBIT "g" Fee Estimate for Construction Management Services Birch Street Bridge and Street Widening City of Newport Beach CONSTRUCTION MANAGEMENT Proj. Resident Civil Materials Elec. CLASSIFICATION: Principal Engineer Inspector Testor Inspector Scheduler Clerical RATE: $100 $86 $66 $66 $50 $55 $35 TOTAL Task No. Description HRS HRS HRS HRS HRS HRS HRS $ 1 Const.Revew 0 4 4 0 0 0 0 $608 2 Bidding Phase 0 8 0 0 0 0 4 $828 3 Partnering 0 16 8 0 0 0 0 $1,904 4 Mgmt & Meetings 0 70 16 0 0 0 16 $7,636 5 Const. Field Activities 0 920 736 0 80 0 0 $131,696 6 Office Activities 0 124 64 0 0 8 360 $27,928 7 Materials Testing 0 0 0 212 0 0 0 $13,992 8 Birch -Mesa Project CM 0 0 0 0 0 0 0 $0 9 Closeout Activities 0 40 0 8 0 0 40 $5,368 Total Labor 0 1182 828 220 80 8 420 $189,960 TOTAL HOURS 2738 ODC: Partnering (facilities & supplies only) $ 500 Office Equipment & Supplies $ 1,200 Computers $ 3,500 Testing Supplies & Special Services $ 2,000 Vehicles $ 7,000 Safety Equipment $ 1,000 Communications (Radios, Pagers, etc.) $ 2,500 Misc. (film, videos, mail, etc.) $ 500 TOTAL ODC $18,200 SUB- CONSULTANT(Surveyng) -: $16,200 Total labor plus expenses $224,360 TOTAL PROJECT FEE $224,360 ID 0 ACT ON N SOURCE: PX Vy of Newport Beacib NO. BA- 050 BUDGET AMENDMENT 1996 -97 AMOUNT: i3ls,000.00 BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations ANQ Transfer Budget Appropriations EXPLANATION: from existing budget appropriations from additional estimated revenues from undesignated fund balance This budget amendment is requested to provide for the following: Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To appropriate $316,000 to the Birch Street Overcrossing at State Route 73 Capital Project Account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fyn-d Account Description • 430 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description i Signed: Director Si d: Admhrfrstrative,,Ap val: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $316,000.00 $316,000.00 Date 16 -$1 y;;Z- Date Date Description Division Number 7432 CIOSA Loan Expenditures Account Number C5100065 Birch Street Bridge Widening Division Number Account Number Division Number Account Number i Signed: Director Si d: Admhrfrstrative,,Ap val: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $316,000.00 $316,000.00 Date 16 -$1 y;;Z- Date Date orized to Publish Advertisements of all kin *luding public notices by tee of the Superior Court of Orange County, California. Number A•6214, tcmber 29, 1961, and A•24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; 1 am over the age of -eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City, of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: April 25, 29, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ April 29 199 at Costa Mesa, California. Signature i 6'} i PUBLIC NOTICE. INVITING GIVS Sealed bids may be to. ived at the office of the If Clark, 3300 Newport Movard, P.O. Box 1768. rwporl Beach. CA 92659. Which time Such bids Shall be opened and read for: Birch Street Overt:rossing at State Route 73 Contract No. C•2931 Approved by the City Council INS 14th day of 'April; 1997. ; /s/ LoVonne M. Nark. less, City Clerk Perspective bidders mayl purchase one set of bid documents at cost of 525.00 al..me. office of the Public Works Department, 3390 -Newport Boulevard, P.O. Box .1768, Newport Beach, CA 92659- 1768.. For further Information, call Emmet Berkery, Project Management Con, sultan, at 673$446. CONTRACT NO. C•2931(A) Pubfishod Nevipoi Beach -COS1a Meg: ; baity Pilot April 2S, 29, 199TH FT815 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 June 13, 1997 (714) 6443005 Banshee Construction Company, Inc. 1600 E. Steel Road Colton, CA 92324 Gentlemen: Thank you for your courtesy in submitting a bid for the Birch Street Overcrossing at State Route 73 project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, I LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 1 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 June 13, 1997 Griffith Company 2020 So. Yale Street Santa Ana, CA 92704 -3974 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the Birch Street Overcrossing at State Route 73 project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely,. LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach BY THE CITY GGUr;C ":L� C3s� CITY OF NEB ^1P ^!POST B%ACi 4 1997 April 14, 1997 APR � • _ CITY COUNCIL AGENDA �k. .... _ ITEM NO. 12 U TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BIRCH STREET BRIDGE WIDENING OVER STATE ROUTE 73 (CORONA DEL MAR FREEWAY /SAN JOAQUIN HILLS TOLLWAY) CONTRACT NO. 2931 RECOMMENDATIONS: 1, Approve the plans and specifications for the construction of the Birch Street Bridge Widening over State Route 73. 2. Authorize the advertisement for construction bids for Contract No. 2931 (a) DISCUSSION: The Birch Street widening over the State Route 73 (SR73) project will provide additional traffic capacity on Birch Street at its intersections with Bristol Street and Bristol Street . North. In addition, this project will also accommodate the widening and realignment of Mesa Drive and Birch Street between Irvine Avenue and Bristol Street by the County of Orange. The County plans to advertise their project for construction bids in April 1997 with construction scheduled to begin in July 1997. Completion of both the City's and the County's projects will improve traffic in the airport area and the Santa Ana Heights area by providing an arterial alternative to Irvine Avenue and Campus Drive. A number of actions have already been taken concerning the Birch Street Widening project. To date, the pertinent items which the City Council has approved are as follows: 1. Cooperative Agreement 12 -284 with Caltrans for oversight of final design of the project, approved by City Council on February 12, 1996, 2. Consultant Agreement with Willdan Associates for final design of the project was . approved by City Council on February 12, 1997. 3. Three Party Agreement among the City of Newport Beach, Costa Mesa Sanitary District , and the County of Orange, approved by the City Council on December 9, 1996. This agreement provides for the inclusion of certain Sanitary District and street improvements in the City's construction contract, and reimbursement to the City by the County for those items. 4. Cooperative Agreement No. 12 -308 with Caltrans for oversight of construction approved by City Council on January 13, 1997. SUBJECT: BIRCH STREET BRIDGE WIDENING OVER STATE ROUTE 73 (CORONA DEL MAR FREEWAY /SAN JOAQUIN H#LLS,TqLLWAY) CONTRACT NO. 2931 April 14, 1997 . Page 2 The City's project will be constructed under two separate construction contracts: one for the widening of the bridge structure over SR73 and associated work in Bristol Street and Bristol Street North; and a separate contract for the widening of Birch Street northerly of Bristol Street North. Staff is requesting authorization to advertise the bridge widening contract at this time. This work is entirely within existing Caltrans right -of -way. The street widening project northerly of Bristol Street North requires several small right - of -way acquisitions by the City. Negotiations are in progress with the property owners, and upon conclusion of these negotiations, staff will seek authorization to advertise that project for bids. The estimated construction cost for the bridge widening is $1,286,000. Funding for the project (including the street widening [$366,000], construction management [$225,000], and right -of -way acquisition [$290,0001) is budgeted from Gas Tax, Circulation and Transportation and OCTA Competitive Program and Turnback accounts as follows: Fund Account No. Amount Gas Tax 7181- C5100065 $35,000 Circulation & Transportation 7261- C5100065 $300,000 OCTA Measure M Turnback 7281- C5100065 $215,000 OCTA Growth Management Area (GMA) 7284- C5100065 $350,000 OCTA Intersection Improvement Program (IIP) 7284- C5100065 $1,200,000 TOTAL $2,100,000 In addition, the County of Orange will be contributing an amount not to exceed $231,000.00 toward the project. The amount of the contribution will be determined upon award of the contract. Re7Mu fitted, PUBLIC WORKS DEPARTMENT Don Webb, Director Emmet Berkery Project Consultant is C N NOT TO SCRLE i 0 DR "Q�